Revolutionary War Pension and Bounty Land Warrant Application File S. 17378, James Davis, Conn.

SERVICE
NUMBER
Conn.
Davis, James
S. 17378
carded
CONTENTS

17.718 Connecticut
James Davis of Hanington in the State of Conn who was a Pri - in the Conn by Captain _____ of the Regt by Col Haiman in the Conn  Hoops time for 7 mo
Inscribed on the Roll of Conn at the rate of 23 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 19 day of Sept 1833 and sent - D. S. Seymour Litchfield Ct Arrears to the 14th of Sept 35 $ 58.32 Semi-ant. allowance ending Mar 34  116 6 $ 69.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. D. Bullock Clerk, Book E Vol. 3 Page 11

Declaration in order to obtain the benefits of the act of Congress passed June 7. 1832
State of Connecticut } of Court of Probate for the County of Litchfield. } District of Litchfield
On this 7 th day of August 1832 personally appeared in open Court before the Hon Court of Probate for the District & in the County of Litchfield now sitting James Davis a resident of Farmington in said district & County aged 79 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 he entered the service of the United States under the following named Officers & served as herein stated (v 3 ) —
I was born in Farmington Ct. Feby 25. 1753. my age is recorded in Farmington Town Records and in my Family Bible. I resided in Goshen Ct. when I entered the service of the United States at the time herein after specified Since the Revolutionary War I have resided in Farmington Ct. & there I still live —
Early in May 1775 I enlisted for seven months into the company of Capt John Sedgwick , Col Hinman's Reg t of Provincial troops and in the course of that month marched to the northward. Our 1 st Deut was James Thompson. 2 d do Gibbs. Ensign Patterson, We marched to Fort George & then proceeded to Lake George to reconnoitre. Our Reg t was among the first which arrived at that place after it was captured; other Reg ts chiefly from

New York soon joined us & under the command of Genl's Scyler & Montgomery we were engaged in making preparations to carry the war into Canada. In Septem: or October the preparations were completed and We were embarked on Lake Champlain, And the American troops, were collected at Isle Aux Noix I was engaged in the siege of St. Johns I recollect the difficulties we encountered from marshy ground, over which the cannon had to be drawn. The ground was so swampy that the teams could not be used and the soldiers were themselves, were obliged to draw the artillery. After the capitulation of St Johns We remained at that place and did not accompany the army to Montreal and the north. I was discharged at St Johns when my seven months expired but I cannot state the precise day. it was however after Montreal had been surrendered to our troops. I think I received a written discharge but if I did it is now lost.
I have no documentary evidence of this service but send herewith the affidavits of Mr. Kim; Burr & John Hall to substantiate my own statement, —————
I was during the war two years in the service of the United States, as a teamster but I make no special statement concerning it supposing that it will not entitle me to a pension, if a pension can be obtained for it I will send particulars & proof

In 1777 about the first of September I was drafted to go to the North River the draft was for six weeks, according to the best of my recollection the company had been much reduced by draft, of men who had gone to oppose Burgoyne most of those who remained & among them myself marched to Fishkill under the command of our capt. Simon Stanley & M c Alister, Norton either Lieut or Ensign both of said Goshen. We marched to Fishkill and were there put together with other companies into some kind of order but we were shifted around to places where our service, were needed as occasion required & I cannot at this distance of time recal the names of our field Officers only I will remember that we were under the general command of Genl Putnam. We followed the British fleet as it sailed up the River the fleet made a stop near Red Hook and at that place we also lay until after the surrender of Burgoyne when the fleet  we dropped down the River & we again followed it  the fleet down, after the six weeks, for which the draft was made, had expired, many solicited & obtained discharges, but we were all strongly urged to remain, as the British fleet still lay in the River, I did with our Capt & some others remain, according to the best of my recollection & belief two weeks , after said six weeks expired, making two months service the whole at this town. Of this latter time

of service I have no manner of proof whatever but my own statement under oath, none who are living were with me at this time to my knowledge unless it be one Edmund Beach who if living is in Kelso N.Y. I do not know whether he is living or not. I am known to the Rev. George E. Pierce, Wm C. Abernethy and others, who can testify to my character for truth & to their belief of my services, &c -
I hereby declare that my name is not on the pension roll of the agency, of any state & I do hereby relinquish any claim whatever to a pension or annuity, except the present
Sworn to & subscribed the day & year aforesaid.
James Davis
before Frederick Wolcott, Judge of Probate, City & District
Coin. A.

17. 378 INVALID. Cam
File No. 17.378
James Davis
Prin. Rev. Mr.
Act: June 7 th 32
Index:—Vol. / , Page 429
[Arrangement of 1870.]

missed and
Inverness
Ch. (N.T.D.)
To
J. L. Edwards Esquire
Commissioner of Pensions
Washington City.

Litchfield (Conn't) June 12. 1833.
Sir, Inclosed I again send Mr. James Davis's application for a pension, The papers were returned because they were not properly authenticated; that defect is now supplied. Mr. Davis does not at present press his claim for services as Deamester. — Very respectfully your obt servt. O. S. Seymour
To the Hon J. L. Edwards Commissioner of Pensions

7032
James Davis
In o private
23.33
O. S. Seymour Silsbee Nov

WAR DEPARTMENT,
Pension Office,
June 1
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 show 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
   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.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
James 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, 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 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 place 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.
37 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.

7032.
James Davis.
James Davis.

Mr George E Pierce _____ a clergyman residing in the town of Haverinton in Litchfield County Conn t and W m C Abernethy residing in the same town of Haverinton — hereby certify that we are well acquainted with James Paris _____ who has subscribed hereto to the above declaration; that we believe him to be 79 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. the said Paris is a gentleman of good character upon whom statements reliance may safely be placed — George E Pierce Sworn to & subscribed this _____ day of _____ in the year of our Lord one thousand eight hundred and _____ before me Frederick Wolcott, Judge of Probate Litchfield District, Connecticut.
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 Genl. George E. Pierce who has signed the preceding certificate is a clergyman resident in said Haverinton and that William C. Abernethy who has also signed the same is a resident in said Haverinton and is a credible person and that their statement is entitled to credit.
Frederick Wolcott, Judge of Probate, Litchfield District, State of Connecticut

I Phinehas Merri. Clerk of the Court of Probate for the dis- trict of Litchfield, in the County of Litchfield, do hereby cer- tify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Davis _____ for a pension
In testimony whereof I have here- unto set my hand & the seal of the said Court this 13 th day of Aug t A D 1832
Phinehas Merri Clerk

I John Hall of Litchfield in the County of Litchfield and state of Con- necticut aged seventy eight years do depose & say that during the summer of the year 1775 I was in the service of the U. S. as a private in the Com- pany commanded by Maj David Welch and served with the army during that campaign on the northern frontier at & in the vicinity of Ticonderoga. During the summer of that year to the best of my knowledge & belief I became acquaint- ed with M c James Davis now of Haverstown in said Litchfield County who was then a private serving with the army in the Company commanded by Capt John Sledgebacke. It is my belief that M c Davis was present during the whole campaign doing duty as a member of said Company. We enlisted about the first of May and were discharged at the end of about seven months Litchfield July 4 th  th 1832 — John Hall

at Hartford (county) ss at Hartford July 4 th A D 1832 — Then personally appeared before me the subscribing authority John Hall the signer of the foregoing deposition (who is a middle witness) and made oath to the same in due form of Law Lawrence Goodwin Justice of the Peace
I Frederick Wolcott Clerk of the County Court within & for the County of Litchfield in the State of Connecticut, certify to whom it may concern, that Lawrence Goodwin Esq. is a Justice of the Peace within & for said County, legally commissioned & qualified & that the above signature which purports to be his is, as I verily believe, genuine, & his proper hand and writing. Witness my hand & the Seal of said Court at Litchfield in said County this fourth day of July A D 1832.
Frederick Wolcott, Clerk

I Timothy Buel of Bloomfield in the County of Ontario & State of New York do hereby and say that I am a native of the town of Goshen in the County of Ulsterfield & State of Connecticut that in the fore part of May 1775 I entered into the U.S. service as a private in the company commanded by Capt John Sedgewick and M c James Lewis now of Harnenton in said County enlisted at the same time into the same company that soon after we marched to the northern frontiers and I know well that said James was present and did duty as a private soldier during the whole of that campaign and James & myself were mess-mates. The said James to the best of my knowledge & belief served that campaign the period of at least seven months and further the deponent saith not. . . . Ulsterfield July 4 th 1832. . . . Timothy Buel

Hitchfield County to ditto held July 21 st to 1832. Then personally ap- peared before me, the undersigned authority knowing Paul the signers of the foregoing deposition (who is a credible witness) & made oath to the same in due form of law
Leonard Goodwin Justice of the Peace
I Frederick Wolcott, Clerk of the County Court within the County of Hitchfield in the State of Connecticut certify to whom it may concern, that Leonard Goodwin Esq. is a Justice of the Peace within & for said County legally qualified & qualified, & that the above signature which purports to be his is genuine to his knowledge & belief witness my hand & the Seal of said Court at Litchfield in said County, this 21 st day of July A. D. 1832. Frederick Wolcott, Clerk