Revolutionary War Pension and Bounty Land Warrant Application File S. 18794, Francis Davis, N.H.

SERVICE
NUMBER
W. H.
Davis Francis.
S 18794.
Carded
CONTENTS

Letts Windsor apt 10.00. Cadwell, Mar 8 1837. do to Burlington apt apt 11. 1837
Vermont 28.921
Francis Davis
Resident in the State of Vermont was a ser in the com commanded by Captain _____ of the _____ commanded by Col. Wangate in the _____ . time for _____ was 28 days -
Entered on the Roll of Vermont the rate of 20 Dollars _____ Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8 th day of Feb 34 and and  _____ J. V. _____ Randolph - N. H.
  Rears to the 14th of Mar 1834  79 32    Gratuitous allowance ending _____  13 22     92 54  
{ Revolutionary Claim, } { Acct June 7, 1832. }
Recorded by Chatt Vice Clerk, Book E Vol. 3 Page 61.

Francis Davis
No 3078

State of Vermont District of Randolph } At Brookfield in the County of Orange Dist & State aforesaid on this 31 st day of July A 1832 Personally appeared in open Court before the Hon. the Frederick Griswold Judge of the Probate Court now sitting in Brookfield in said County of Orange being a Court of record Francis Davis a resident of the said Brookfield in the County & State aforesaid aged 74 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. 1832.
That in the spring of 1776 he enlisted in the service, in the N. Hampshire Troops and was marched to Mount Independence on Lake Champlain resided at the time in Warner N.H. and served six months. The Capt's name was Webster. Served names Wm. Morrill & Clemens. And in the spring of 1777 again entered at Warner N.H. and marched under Genl. Stark's and was in Bannington battle and served six months. He again enlisted and for six months under a Lt. Thomas Russell and was ordered to R.I. and served the full time does not recollect his Capt. he states that he thinks he might be able to procure the evidence of his service by going to Warner N.H. he hereby relinquishes every his claim to a pension except the present & declares that Francis Davis his name is not on the pension roll of any agency of any State Mark
Sworn to and subscribed the day and year aforesaid Frederick Griswold Judge of Probate
And the said Court hereby declare their opinion that the above named applicant was a Revolutionary soldier (and served as he states -
J. H. Parish Clerk or Reg. of the Court of Probate aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Francis Davis for a pension
In testimony whereof I have hereunto set my hand and seal of office this 31 st day of July A 1832 -
J. H. Parish Clerk or Reg.

3078
Francis Davis
Adm't or prevel
7 mo. + 28 days
$26.44
J. K. Parise Esq.
Randolph

WAR DEPARTMENT,
Pension Office,
22 o April 1835
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 subjoined 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, showing the Service of Francis Davis
   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.     1776 claims 6 private Thinks Col Wmgate 75. Wm proves 5 months by John Palmer & is corroborated by Agnilla Davis   1777 claims 6 but may be mistaken Col Stetson Same proof for 2 mo -   After the above claim in the R.I. Service has no proof   18 mo. proof obtained is only 7 mo -   2.600   Rolls of Webster not on rolls of Wilson  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Mr Francis Davis
Claimant wishes the services of 1776 to be ascertained by referring to Rolls of Col. Wmgate, Brattle & Sullivan in and name with the affidavit of Agnilla Davis

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), who has 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, 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 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 that 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 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.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in Note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Claimant must state the regiments in which he served. Otherwise his services cannot be traced by the Rolls.

R 18794
INVALID.
Am
File No. 15724
Francis Davis
Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 429
[Arrangement of 1870.]

I John Palmer of Charleston in the County of Orleans and State of Vermont of the age of seventy seven years depose and say that in the year 1776 I was in the service of the United States (and at at that time knew Francis Davis then of Warner in the State of New Hampshire but now of Brookfield in the State of Vermont, I was knowing to the said Davis was enlisting and serving as one of the United States troops five months in said year he was in the same company & messmate with myself, we both belonged to Capt Stillson or Stinson's company, I think our Col. o name was Wlingate but am not certain, we were stationed on Lake Champlain in Vermont opposite Secondaroga at a place then called Mount Independence during the next year (1777) the said Davis enlisted with myself in the United States service and continue in the service two months under Capt. E. Webster in Col. Stickney's regiment under Gen. Starks, during that time we were both engaged in the Bennington battle against the British, I further say that for the foregoing services with Mr Davis and other services during the Revolutionary war I have received a pension from the United for many years past John Palmer

State of Vermont Orleans County p 3 Plowington 12 June 1833
Personally appeared John Palmer whose name is subscribed to the foregoing affidavit and made solemn oath that the foregoing affidavit contains the whole truth & nothing but the truth
Before me
Geo. C. West Justice Peace
I hereby certify that for two or three years past I have been personally acquainted with the above named John Palmer & that he is a man of truth and a credible witness
Attest
Geo. C. West Just. Peace
State of Vermont Orleans County p 3
I the undersigned Clerk of Orleans County Court do hereby certify that Geo. C. West before whom the foregoing affidavit of John Palmer was sworn and subscribed and who also certifies to the credibility of said Palmer is a magistrate duly qualified and the above signature purporting to be his I believe to be genuine.
In testimony whereof I hereunto subscribe my name and affix the seal of said Court at Washburn this 13. day of June 1833.
Wm H Allen Clerk

Mar 5
Madam
No. 214
28921
Printed list
Orange CO
Wm. H. ...
Commissary of Prisons City of Washington D. C.
RECEIVED

Worthpekin February 27. 1837
Hon d J L Edwards
Commission of Pensions
Relat
Dear
Maye
Sir I forwarded a power of Attorney given by Francis Davis a pensioner under the act of the 7 th June 1832 further to Burlington for to receive his small pension due him on the 4 th Sept last and the Agent returned it and said is to was to be paid at Windsor I then forwarded the same to Windsor and they also returned the same saying that the pensioners name was not on their roll and could not pay it, but they would write the department on the subject and have the name placed on their roll by which they would be enabled to pay the same I have since forwarded it and they informed me that they had not rec d any instructions to pay it after which I forwarded the same to Burlington and the Agent there informed me he would write the department on the subject and after waiting a sufficient time for them to write and have a Return I forwarded the power again and it was returned stating they had received no instructions to pay the same. The pensioner was formerly a Resident of Brookfield in Orange County but has for the last two years Resided in Barre Washington County with his family and still going to town - as then he has always drawn regularly & rec d his money at Burlington untill the last payment and by restricting the state a new and all pensioners who Res d then pay resided in Orange County were set in the District to receive their pay at Windsor and by some mistake it appear his name has been omitted. He therefore Request you will have his name

placed on the pay Roll of which you set the counties of Washington and have it erased from off any other Roll it may have been placed on through an error or mistake.
he is not able to say whether either agent has notified the Department of his wishes and has been expecting to receive his money but not being able to get it has therefore wished me to write the Department on the subject.
If Sir you will direct the payment of Mr Francis Davis to be made at Burlington or wherever you direct the payment of pensioners in Washington County you will much oblige him. Should it be necessary for a more formal proceedings to be had than this to have his name placed for payment on this Roll you will have the goodness to notify me sending a form and you will confer a favor on the Pension and myself.
I am Sir Very Respectfully
Yours
William W. Cadwell

Bank of Windsor Windsor Vt. March 16. 1837
Sir; I have the honor to acknowledge the receipt of yours of Jan'y 28. '37 making enquiries relative to Joshua Burgel, Pri U.S. Dragoons, — also yours of March 8. '37 making enquiries relative to Francis Davis, pensioner under the act June 7. 1832, — In reply I have to say, that neither of them has been paid at this office.
Very respectfully Sir Your obed Servt Thomas Emerson Pres't & Manager for Robt. H. Stone
J. S. Edwards Commissioner of Pensions

App d claim to have served in 1776 6 mo. " 1777 6. " " 6
Francis Davis appears upon the NH rolls Vol. 1. in Capt. Stilson's company who marched to the north July 4. 1776. page 5 & 10. but the term not specified — the practice has been to allow to the men who served under Col. Benjamin as at
 5- Baldwin in the expedition from 5 to 6 mo. generally  2. 1- the same or supposed by the testimony of J. O.  23 Palmer, who states I was 5 mo. and of Genl. A. Davis  7. 28 who also says I was 5 mo. 
Francis Davis name again is found in Capt. Abel Co. Col. Stocking Reg t in 1777. and page 22 he was discharged Sept 25. 2 mo. & 5-
His name is also found in Capt. Brady Co. Col. Kelly in 1778. in the expedition to R. I. @ Con as a 23. days man.
N.H.H.L. 2

I, Agnilla Davis of Warner in the county of Merrimack and State of New Hampshire
Depose and say that I have been acquainted with Francis Davis formerly of said Warner now of Brookfield State of Vermont more than Sixty years and well know that he was a Soldier in the revolutionary war that he enlisted in the Spring of 1776 at said Warner I think in the month of May for five months and marched with a company for Bienderoga or Mount Independence on Lake Champlain at which I understood they were stationed and when his time of service expired in October following hearing of his ill health I went with a horse about 20 miles and met him on his return home
I further say that the next year 1777 the said Davis was at Bennington with Genl. Stark & after the battle marched to Stillwater and was there in the service about the time of the great battle with Burgoyne's army, being then myself a Soldier in the 3 d N. Hampshire Reg t for the term of 3 years
Agnilla Davis
State of New Hampshire
Merrimack ss March 6 th 1834
Be it known that on the day above written before me Hamilton E. Perkins Notary Public in and for said State personally appeared Agnilla Davis who is a credible witness and subscribed the foregoing affidavit and then upon made solemn oath that the same is just and true.
In testimony whereof I have hereunto subscribed my name and affixed my Notary Seal at Hopkinton in the State and County aforesaid the day and year above mentioned Hamilton E. Perkins: Notary Public

I Wells Davis of Warner in the County of Merimack and State of New Hampshire eighty years of age, depose and say that I have been acquainted with Francis Davis formerly of Warner aforesaid but now of Brookfield in the State of Vermont, from his childhood to this time, and have knowledge of his being in the service of the United States during the revolutionary war. I well recollect that he enlisted into the army of the United in 1777 and started with the company into which he had enlisted for Bennington, and, as I have always understood from him, and from other soldiers who were present, that he was in the battle fought at said Bennington under General Stark. I further depose and say that said Francis Davis afterwards enlisted into the army, and started with his company, and as I have understood from him and also from others in the service with him, was in service under General Sullivan in Rhode Island.
his Wells X Davis mark
State of New Hampshire } February 28 th 1834 Merimack S.S. }
Personally appeared Wells Davis the above named and made solemn oath, that the above deposition by him subscribed is true before me ————— Daniel George Justice Pierce
I hereby certify that Wells Davis the above named is a credible witness, whose testimony is good in any court Daniel George Justice Pierce

State of New Hampshire.
Merrimack ss.
March, 3. 1834.
I Henry B. Chase, Register of the Court of Probate for said County, do hereby certify that Daniel George within named, is a Justice of the Peace within and for said County of Merrimack, and that his acts as such are entitled to full credit.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at Warner in said County, the day and year above written.
H. B. Chase, Register of Probate for the County of Merrimack.