Revolutionary War Pension and Bounty Land Warrant Application File S. 17377, Thomas Davis, Mass.

(B-1776)
SERVICE
NUMBER _____
Noass.
Davis, Thomas
S. 17377
carded
CONTENTS

13 17 Massachusetts
Thomas Davis Moy in the State of Mass who was a Private in the Company commanded by Captain Briggs of the Regt commanded by Col French in the Battle for Dyer's
15,397
Enscribed on the Roll of Massachusetts the rate of 80 Dollars Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 th day of June 1833 and sent Hon. D. Wadsworth Washington Sec.
arrears to the 4th of March 1833 $160.00 Semi-annual allowance ending Sept. 1833 80.00 $240.00
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by W. A. Drown Clerk Book 2 Vol. 2a Page 17
78 Bristol

Commonwealth of Massachusetts } ss. County of Bristol
On this Seventh day of September A.D. 1832, personally appeared in open court, before the Hon. Hodijah Bangs, Judge of the Court of Probate in and for said County of Bristol, Now sitting at Dighton in and for said County of Bristol. Thomas Davis a resident of Doy, in the County and Commonwealth aforesaid aged Seventy six 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 Act of Congress passed June 7 th 1832.
That he entered the service of the United States under the following named officers, and served as herein stated in Mass.
That that in the autumn or early in the Winter of A.D. 1775 he enlisted at Dighton in said County, where he then resided, as a private soldier in a company of Infantry commanded by Capt. James Briggs then of Dighton in said County but since deceased; That soon after and within a very few days from the time he then enlisted he was marched with the company from Dighton or Taunton where the company met; to Roxbury in the vicinity of Boston, where, after being stationed and having served two months, he was discharged by Capt. Briggs (as his term of enlistment had then expired), about the first of February (as he thinks) A.D. 1776. That he did not receive a written, but a verbal discharge. That he cannot be positive of the name of the month or the day of the month when he enlisted or was discharged; but he knows he served two months as before stated. That during the time, he was under Capt. Briggs, he and the company were engaged in guarding Boston neck (as Boston was in the possession of British) and in throwing up earthworks and fortifications. That there were many troops in the vicinity of Boston at that time, but whether any of them were continental troops he is unable to say. That he cannot now call to his recollection the name or names of any of his field officers. That James Nichols was the first and Philip Hathaway the second lieutenants of said company and Benjamin Deane was the orderly sergeant of the same, all of whom are now dead. He recollects that Generals Washington and Thomas were at Roxbury in this period of his service. Evidence of this service will be found in the annexed

affidavit of Samuel Paul who served as a private soldier in the same company with him the said Davis. Evidence tending to prove this service will also be found in the annexed affidavit signed by Isaac Winslow and James Pierce — That he thinks he was a soldier in this period for the State of Massachusetts —
And the said Thomas Davis upon his oath aforesaid, further declares, that immediately after his term of enlistment, under Capt. Briggs had expired, and about the first of February (as he thinks) A.D. 1776, at said Roxbury he again enlisted in a company of Infantry commanded by Capt. Samuel Dabbs, in Col. Jacob French's Regiment, for the term of two months. That soon after he thus enlisted, he was marched with the company to Winter Hill, so called, in the vicinity of Boston, where they were stationed until about the first of March of that year, when they were marched, to Dorchester which is also in the vicinity of Boston; where he was discharged, after having served under Capt. Dabbs, two months — That he was discharged (as he thinks) about the first of April A.D. 1776. That his discharge was a verbal and not a written one — That he cannot fix the time when he enlisted or when he was discharged, with certainty. He knows however that he served under Capt. Dabbs two months, and was discharged in the Spring of the year. — That he recollects that Elijah Hunt was the first lieutenant and Henson by the surname of Briggs was the second lieutenant of the company. That whilst the company was at Winter Hill it was engaged generally upon guard duty; and whilst at Dorchester it was generally engaged upon fatigue duty and worked much, in the night time, in erecting fortifications near where the British shipping was laying, and that those who were thus engaged were very much exposed (a part of the time) to the fire of the enemy — He recollects that there were a great many troops at that time in the vicinity of Boston, but whether any of them were continental troops he cannot now state. He recollects that Gen. Sullivan had the immediate command of the troops that were stationed at Winter Hill. He recollects that Generals Washington, Putnam and Thomas were in the vicinity of Boston at the time he was under Capt. Dabbs. He recollects of the war-

- nation of Boston by the British troops in this period of his service. Evidence of this service will be found in the annexed affidavits of Samuel Paull who served in the same company with him. Evidence tending also to prove this service will be found in the annexed affidavits signed by Isaac Winslow and George Read. That he thinks he was a soldier in this period for the state of Massachusetts.
310
And the said Thomas Davis upon his oath aforesaid further declares, that about the first of December A.D. 1776 (it being immediately after the British took the possession of the town of Newport and Island of Rhode Island), he said Davis town, he again enlisted in a company of Infantry under the command of Capt. Oliver Read in Col. John V. Hatteway's Regiment; that immediately after he thus enlisted he and the company were called out and stationed at or near Fall River, which was then a part of said town of Dartmouth, that now a part of and in the town of Ray, said Ray having since that time been taken from said Dartmouth and incorporated so that he was then stationed guarding the shore of Buzzards Bay, from the island of of the same until about the first of January 1777 and until said Bay was frozen up. That he and the company were then permitted to return to their several homes, until some time, as he thinks, in the latter part of March or the first of April in A.D. 1777, when he and the company were again called out by Capt. Read and again stationed aboard Fall River until about the first of December A.D. 1777 and until said Bay was frozen up, when he and the company were again permitted by Capt. Read to return to their several homes. That he and the same company about the first of April A.D. 1778 were again called out by Capt. Read and again stationed at said Fall River until about the first of December A.D. 1778, when he and the com- pany were again permitted to return to their several homes as the Bay was frozen over. That he and the same company were again called out about the first of April A.D. 1779 by Capt. Read and again stationed at said Fall River until about the first day of November A.D. 1779 when the British troops having evacuated Newport and the Island of Rhode Island, he and the company were then and there discharged by Capt. Read. His discharge was a verbal and not a written one. That

he actually served under Capt. Read as aforesaid between the first day of December A.D. 1776 and the first day of November A.D. 1779 at least, twenty seven months, and he thinks and believes longer. — That this service was rendered by him as a soldier of the state of Massachusetts — That during the whole time between the first  first of December A.D. 1776 and the first of November A.D. 1779 he was engaged in guarding the shores of said Bay under Capt. Read (excepting so much of the time, in each of the winters in this period, when the Bay was frozen over) to prevent the invasions of the enemy & the plundering of the inhabitants in the vicinity of the Bay, as the enemy was then in the possession of the Island of Rhode Island. — That the company under Capt. Read was raised and enlisted, for the specific purpose and object of guard- -ing the shores of said Bay, whilst the enemy had the possession of the Island. — That between the first of December A.D. 1776 and the first of November A.D. 1779, there were other troops occasionally stationed at Fall River, that were engaged in the like service with him. — There were between the first of December 1776 and the first of November A.D. 1779 troops stationed in Diviston, Rhode Island, which is in the vicinity of Fall River, and sometimes in this period there were many troops at Diviston Howland's ferry so called, in Diviston aforesaid; Howland's Ferry being about six miles below said Fall River. — During the time of his service, his field  regimental officers were at Fall River occasionally, but not frequently. — That he does not recollect the name or names of the officers of the troops that were occasionally stationed at Fall River in this period of his service. — He recollects that Col. Joseph Dyer was occasionally at Fall River in this period, and that he  other had the command of a company as a captain, or was attached to a Regiment as the lieutenant to Col. Dyer; which company was stationed not far from said Fall River, and after said Dyer was promoted, he with his regiment was a part of this time in service in Diviston and upon the Island of Rhode Island. — He recollects that the troops in Diviston, and upon the Island were under the command of Gen. John Sullivan in 1778 at the time of his the Col. Sullivan's expedition.

upon the Island - He recollects that Generals Marmion and Glover, and were at Trenton and upon the Island in 1778 - He remembers also Col. Whitney and other officers. - He is very confident but is not positively certain that there were two or three Brigades of Continental troops upon the Island at the time of Sullivan's expedition. - He recollects also in the fall of 1777 of Gen. Joseph Shen  Shen making an attempt to obtain the possession of the Island of R.I. - Gen. Shen  Shen troops were generally stationed from five to eight miles from all Rivers at the time of his expedition.
The name of the detachment of the company officer under Capt. Head was Shen  the name of Huges who was the lieutenant of the company, the name of the Ensign (if there was one, of which he is not certain) he has forgotten.
And the said Thomas Davis further declares that he served in the Revolution, at other periods, beside those that are herein particularly described and mentioned, but that he shall not herein describe, and particularly set forth said other periods; as those periods which he has herein described amount in the whole at least to thirty one months of Service in the Revolution.
And the said Thomas Davis in order more fully to answer the interrogatories propounded by the Secretary of War, further declares, upon his oath aforesaid that he has been informed by his parents that he was born in that part of the Town of Freeport, which in A.D. 1804 was incorporated as the Town of Bray aforesaid; and that he there resided at the time of his earliest recollection; that he has also been informed by his parents and always understood that he was born on the second of April A.D. 1756. - That he has lately caused an examination to be made of the records of Births in said Town of Freeport where he had always supposed his name and the time of his birth was recorded, but has been informed, by the Town Clerk of that Town, that he

cannot find his name or birth therein recorded - That he has in his possession an old family bible which belonged to his father before and at the time of his decease, (which bible has been in his the said Thomas, a possession for many years) in which bible is entered and recorded the names and the time of the birth of him the said Thomas together with the names and the times of the birth of his brothers and sisters, which entry and record is in the hand writing of his father - That his home and place of residence at the several periods when he was called into the service was in said Freetown , but in that part thereof which has since been incorporated and is now known by the name of Roy, - That since the Revolution, he resided in said Freetown untill the incorporation of Roy, and afterwards in said Roy untill some time in the year 1811. when he moved from thence to Crown's Valley in the State of Vermont, where he resided about sixteen years, and then returned to said Roy where he now resides and ever since has resided - How he was called into the service, and also the names of his and of other officers, together with such regiment &c. as he recollects, and the general circumstances of his service, and the manner in which he was discharged are before particularly herein stated - He was not a substitute - The names of the persons, who can testify in part to his services, as a soldier, and to his veracity are the same who have subscribed the annexed affidavits, and he has no doubt in addition to these persons, that Philip Hathaway a clergyman and James Butts a merchant who has resided in the vicinity of the said Davis many years since its incorporation in said Roy can testify to his character for veracity and their belief that he rendered the aforementioned and described services as a soldier of the Revolution -
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and declares that his name is not

on the pension roll of the agency of any state —
Thomas Davis
Sworn to, and subscribed, the day and year aforesaid
H. Baylies, Judge of Probate
We Philip Hathaway a Clergyman — residing in the Town of Rutland and in vicinity of Troy and Thomas Butts — residing in the Town of Troy — hereby certify, that we are well acquainted with Thomas Davis who has subscribed and sworn to the above declaration; that we believe him to be seventy six years of age, that he is reputed and believed, in the neighborhood where resides, to have been a soldier of the Revolution, and we concur in that opinion —
Philip Hathaway
Thomas Butts
Sworn to and subscribed, the day and year aforesaid —
H. Baylies, Judge of Probate
And the said board 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 board further certify that it appears to them that Philip Hathaway who has signed the preceding certificate, is a clergyman, resident in the town of Rutland in said county which is in the vicinity of said Troy; and that Thomas Butts, who has signed the same is a resident in the town of Troy and is a credible person; and that their statement is entitled to credit —
H. Baylies, Judge of Probate

Commonwealth of Massachusetts.
Bristol ss — I Anselm Barrett Register of the Court of Probate for the County of Bristol, do 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 hereunto set my hand and seal of the said Court, the day and year first aforesaid —
Anselm Barrett
Chief Justice
James Barrett
— Register of Probate
— Register of Probate

mentioned.
B. Johnson
Memphis, May
X (C) (1) (D) that the foregoing statement and the answers given with the evidence in the case upon
8. Are the papers indicative as to time of employment, and if so, in what respect?
He has been in the service since 1885
10. In the statement submitted by him to the applicant, he mentions that he has been in the service since 1885.
6. Where did he reside when he left the service?
4. In what capacity was he engaged?
2. In what capacity was he engaged?
10265 - Thos Davis
Thos Davis
406. May 14 1885 J. 372
A. Barnett Stanton Dauf
   Period. Rate. Duration of Service. Position. Rank. Comments.     James A. Barnett, Chief Officer.  
4. State his service, as directed in the form attached.
How old is he? 20 years
5. If before a judge, does it appear that the applicant is entitled to public injury?
1. Has the declaration made before a Court or a judge? James Barnett
(For App. Form 1233)
of John in the State of Ohio - HEREBY, in the case of Thomas Davis
10202

(10,205)
BRIEF in the case of Thomas Davis  of Troy — in the State of Mass —  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 years —  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     autumn or Winter In 1775 — 2 — Private Capt J. Briggs Co 2 enlisted   Febr 1776 — 2 — do Col J. Frenchs Reg 2 do   about 1st Dec 1776 2 3 — do Capt J. Tabb Co 3   to the 1st Nov 1779 Capt O. Reeds — Co 2 do   Col J. Hattaway Reg  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? in Freetown —  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by Witnesses & the traditional evidence of others — one a Clergyman — the latter certified by the Court to be credible persons —  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Correct
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. Stephens
Examining Clerk.

17 377 INVALID.
Can
No. 17 377
Thomas Davis
Rev War
Act: June 7 th 32
Sex: —Vol. 1 , Page 29
[Arrangement of 1870.]

Thomas Davis 10.265 2

I Samuel Paull of Berkley in the County of Bristol and Commonwealth of Massachusetts, being in the County, sixth year of my age, do testify and say that in the winter of 1775 & 76 I served in a company of Infantry commanded by Capt. James Briggs, for and during the term of two months, and that the company was stationed at Roxbury during said term in the vicinity of Boston. I further testify and say, that Thomas Davis then a resident of Newton in said County, but now a resident of Gray in said County (said Gray having been since that time incorporated and taken from said Newton,) did serve as a private soldier in said company under Capt. Briggs, for and during said term of two months and was discharged with a verbal discharge at said Roxbury - My discharge, and I presume his, was a verbal and not a written one from Capt. Briggs.
I further testify say that early in the year of 1776 I served as a private soldier in a company of Infantry commanded by Capt. Samuel Tubbs in Col. Jacob French's Regiment for and during the term of two months and that the said Thomas Davis served as a private soldier under Capt. Tubbs in the same company with me during the period of two months - That the company was discharged at Dorchester by Capt. Tubbs, where it was stationed at the time of the expiration of said two months - That I did not have and presume the said Davis did not have a written but a verbal discharge. - That the company during this term was stationed a part of the time at Winter Hill, so called, and a part of the time at said Dorchester - And further that the said Thomas Davis with whom I served as aforesaid under Captains Briggs & Tubbs is the same person for whom I am now testifying and the same person who is now before me - Samuel Paull
Bristol ss. September 5th A.D. 1832 Then personally appeared Samuel Paull who subscribed the foregoing declaration and made solemn oath to the truth of the same - Before me, Nathaniel P. Hathaway, Justice of the Peace

Bristol p. May 13 th 1833 I certify that I am well acquainted with Samuel Paul who subscribed the within affidavit & that his character for truth is good & his statements herein made is entitled to full faith and credit —
Ebenezer D. Hathaway Just of the Peace

I Isaac Winslow, being in the seventy fifth year of my age and George Read being in the seventy third year of my age, and both of Ray in the County of Bristol and Commonwealth of Massachusetts, do testify and say that we have known and been acquainted with Thomas Davis now a resident of said Ray from the time of our earliest recollection, that we lived in the neighborhood with the said Thomas Davis from the days of our boyhood until about the time when he moved to Mount Holly in the State of Vermont, which was about twenty one years since, where he resided about sixteen years and then returned to said Ray where he has since resided and now resides. — That we were present and well recollect the day of his being a training day of the company of Militia to which he and ourselves belonged) in the fall or winter of the year of 1775, when he and others of the company of Militia enlisted as soldiers to serve in the Revolution, in a company of Infantry commanded by Capt. James Briggs. All that then enlisted are now dead, except the said Thomas Davis. We know that soon after he thus enlisted, he marched with Capt. Briggs, company, (as was then said for Roxbury near Boston) and that he was absent from his home and neighborhood, from four to six months, when he returned and said (and it was so understood in the neighborhood) that he had served under Capt. Briggs and afterwards under Capt. Tupper. —
We further testify and say that from the first of December A.D. 1776 to the first of November A.D. 1778 we resided in that part of the town of Newton which has since been incorporated and now known by the name of the Town of Ray, and that very soon after and about the time that the British took the possession of the Island of Rhode Island, that the said Davis enlisted in a company of Infantry, commanded by Capt. Oliver Read, and the said Davis and

Said company were stationed at Fall River, so called, which was then a part of said Newton, but now a part of said Ray, from that time until about the first of November A.D. 1777, when the British troops having abandoned the Island of Rhode Island he was discharged (excepting however so much of the time in said period, when the Mouth of said Bay so called was frozen over) We almost daily, if not every day during this period saw him, at said Fall River - We and the company were engaged in guarding the shores of said Bay from invasion and were there stationed as aforesaid to prevent the inhabitants of the vicinity of said Bay and the vicinity Farmington Great River from being plundered by the enemy, and have no doubt from our recollection of this service that he must have been actively engaged in this duty when the Bay and river were not closed up with ice, in the period aforesaid at least twenty seven months - We further testify that the same Thomas Davis who rendered the above mentioned services is the same person for whom (at his request this day made to us) we are now testifying
Isaac Winslow George Read
Bristol ss. Sept. 5 th 1832 Then personally appeared Isaac Winslow and George Read who subscribed the foregoing declaration and statement, and severally made oath to the truth of the same.
Before me, Nathaniel P. Hathaway, Justice of the Peace -
Bristol ss. May 13 th 1833 - I certify that I am well acquainted with Isaac Winslow and George Read who subscribed the foregoing affidavit and that their character are good for truth and their statement is entitled to full credit - Nathaniel P. Hathaway, Just. of the Peace

Commonwealth of Massachusetts.
Bristol ss. I James Symonds Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that Jonathan P. Hathaway Esq. whose signature is affixed to the annexed certificate, is a Justice of the peace in and for said County of Bristol, and duly qualified to administer oaths -
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this Twentieth day of September in the year of our Lord Eighteen Hundred and Third.
J. Symonds

10.205
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Thomas Davis which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? — no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. 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 recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months, and _____ 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 is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; 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 shewn 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.
‡QUERE XIV. Proof of Service.
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 claimants 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.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.