Revolutionary War Pension and Bounty Land Warrant Application File S. 8289, Thomas Davis, N.C.

SERVICE
NUMBER
N. b.
Dairis, Thomas
S 8289
Born in N. C.
hard
CONTENTS

North Carolina 23.112
23552
Thomas X Davis - of Pitt in the State of N.C. who was a Dr. - in the - commanded by Captain - of the Reg t commanded by Col. Hanes in the N.C. Gar. line for 11 months
Inscribed on the Roll of N. Carolina at the rate of 36 Dollars 66 Cents per annum. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 28 th day of Feb y 1834. and said Richard Parker Greenville, N.C.
Arrears to the 14th of Sept r 1833. $91.65 Pension allowance ending 1 Mar. 34 18.33 $109.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nath. Tice Clerk Book C Vol. 6 p Page 57

Thos. Davis
25575
Yours truly John Brown
[Faint, mirrored bleed-through text from the reverse side of the page, mostly illegible.]
1888

State of North Carolina } 21 Pitt County }
In this the 9 th day of May 1833 personally appeared in open court, before the Court of Pleas & Sessions for the State & County aforesaid, said now sitting Thomas Davis a resident of Pitt County and State of North Carolina, aged Seventy five years who being first duly sworn agreeable to law, doth on his oath make the following declaration in order to obtain the benefits of the Act of Congress passed June 7. 1832. — That he entered the service of the United States under the following named Officers and served as herein stated. That he was a resident of Hertford County in the State of North Carolina when he was drafted in Capt. Harris, Company under the command of Col. Williams, That he was drafted for five months and served out the time, but has no evidence nor does he remember at what time this took place. That at this time he was immediately marched off to South Carolina and stationed near Dumasburg (or some such name) from this station the company was marched up the Savannah River to a place called Black Swamp, his term of service here expired and Capt. Harris, with his company returned under the command of Col. Williams to Hertford County and was then discharged. That he has lost the discharge not supposing it would ever be of any service to him.
That he was again drafted in Capt. Yates (or Ates) Company under the command of Lieut. Gregory & Col. Harvey and marched to what was called the Great Bridge (or Long Bridge) near Norfolk here he remained for some time and after the expiration of the six months for which he was then drafted he was discharged and returned home. That in each case he acted as a private soldier. That he was born in Hertford County, but has no record whatever of his age, That he was a man grown when he was serving in the revolution and is convinced in his own mind from recollection that he is between seventy five & eighty five years of age. That he has resided in this county about fifty years. That he can refer to Henry Bamhill & Moses Highsmith who have been a long time acquainted with him. That he has no documentary evidence of his services and knows of no

person except Moses Highsmith in this part of the State whose testimony he can procure to testify to his services, and that he can only testify to his services in South Carolina under the command of Capt. Harris. Nor does he know of any person in this state now living in this state by whom he can prove his services in Virginia. That his memory is clear as to the length of time he served but not as to the date when done.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed this 9 th May 1833.
At Blount Co
Thomas Davis his mark
I Moses Highsmith of the county of Pitt & State of North Carolina do hereby certify that I am well acquainted with Thomas Davis whose Declaration is hereto prefixed, that I served in the same regiment of the North Carolina line in which he enlisted under the command of Col. Williams in the march to South Carolina and certify that he served the five months to which he has declared. That I have been well acquainted with him particularly since he has been a resident of this county which has been for upwards of forty five years. And I further certify that I believe him to be a man of veracity.
Sworn to and subscribed the year and date above written.
At Blount Co
Moses Highsmith his mark
I William Clark a Clergyman residing in the state of North Carolina Pitt County do hereby certify that I am ac- quainted with Thomas Davis who has subscribed and sworn to the above Declaration.
I Thomas Davis further maketh oath that there is no living man whom I can obtain in this part of the country to certify to the facts necessary as set forth.
Sworn to and subscribed 9 th day May 1833 John P. Parker dkg
Thomas Davis his mark

And the said court as hereby certify declares their opinion after the investigation of the matter and after hearing the interrogatories presented by the War Department that the above named applicant was a Revolutionary soldier and served as he states, and the court further certifies that it appears to them that Moses Hightsmith who has signed the preceding certificate is a resident of said County State and is a credible person & that his statement is entitled to credit And also that William Clark is a Clergyman of this County State.
In Session.
Isaac Hough Chairman
I Archibald Parker Clerk of the Court of pleas and Quarter Sessions for the County of Pitt State of North Carolina as hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Davis for a pension.
In testimony whereof I have hereunto set my hand & seal of office this 9 th May 1833
Arch d Parker sec

The amended declaration of Thomas Davis.
The second time he was drafted he believes it was about two years after the first term of service, but the precise time he cannot recollect.
Moses Highsmith, maketh oath that he served with Thomas Davis the first term of his service, say five months, and both returned home together, which term of service was in the year of 1778 - and that he believes Davis to be about twenty five years of age. Sworn to and subscribed in his open Court before me this 8 th day November A.D. 1833 Moses F. Highsmith mark
State of Parker etc
1 st Where and in what year were you born
I was born in Hartford County at Coa but the date I cannot recollect
2 nd Have you any recollection of your age, and if so where is it answer I have no recollection of my age
3 rd Where were you living when called into service; where have you lived since the Revolutionary War and where do you now reside?
Answer I lived in Hartford County at Coa until I removed into Pitt County at Coa.
4 th How were you called into service, were you drafted, did you volunteer, or were you a substitute and if a substitute for whom?
Answer I was drafted for both terms of service
5 th State the names of some of the colonel officers who were with the troops when you served; such of the Continental and Militia Regiments as you can recollect, and the general circumstances of your service
Answer Capt James Hance, Joseph Yates, Col. Williams, Col. Harvey, Genl. Gregory as to the general circumstances I have lost all recollection.
6 th Did you ever receive a discharge from the service, and if so by whom was it given and before what has become of it

7 th State the names of Persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and the belief of your services as a Soldier of the Revolution answ Moses Highsmith, James Perkins Esquire Isaac Harris Giles Matheny, Henry Barnhill his
Thomas C Davis mark
State of North Carolina } Pitt County - } Court of Pleas & Quarter Sessions for said County Nov. Term 1833 - Then, in open Court, the foregoing affidavit of Moses Highsmith was made, and the interrogatories put to Thomas Davis and answered under oath - And the Court are of opinion that they are deserving of credit, and that their statements are true - Marshall Pickens J
State of North Carolina } Pitt County } I Archibald Parker clerk of the Court of Pleas & Quarter Sessions for the State and County aforesaid do hereby certify that the interrogatories put and the answers made were done in open Court before the Chairman of said Court whose signature appears to the above affidavit and that due faith and credit ought to be given to his official acts
Given under my hand Seal of our said Court at Granville 8 th day November A D 1833 Arch d Parker cc

No 25575
Thomas Davis Pitt County North Carolina
Rev
Admit as a private 11 months, $34.66
Richd. Parke | Greenville, N Carolina

WAR DEPARTMENT,
Pension Office,
24 Aug 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them, and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Thomas Davis Pitt County North Carolina
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     - 3 - private Capt Harris, Col Williams 75 years Hertford One Witness - paper correct.   - 6 - " Capt Bates, Col Harvey Subt. Gregory 60 years Oranty N. Carolina  
Draft Draft
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army.. and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ; ) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g), that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served. }
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the hours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served, the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases. }
[m] If a witness cannot be found, the declarant must state the fact. }
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. }

Reuben
1 INVALID.
8289
File No.
8289
Thomas Davis
Br. Rev. Wm
Act:
June 7 th 1852
Index:—Vol.
102
, Page
98
[Arrangement of 1870.]