Revolutionary War Pension and Bounty Land Warrant Application File S. 12737, Ebenezer Davis, Mass.

SERVICE
NUMBER
Mass.
Davis Ebenezer
S 12737
CONTENTS
barded

2944 New Hampshire Ebenezer Davis
of Manchester in the State of New Hampshire who was a Private in the Company commanded by Captain Davis of the 1st Regt commanded by Col. Whitcomb in the New Hampshire line for 15 months
★ Mass. Line.
Records corrected Dec. 4/65.
Inscribed on the Roll of New Hampshire at the rate of 50 Dollars Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 10th day of Nov. 1832 and renewed to Mrs. Ebenezer Davis
Arrears to 14th of Sep. 1832 $75.00 Pension allowance ending Sep. 1833 25.00 $100.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by H. H. Addison Clerk Book 15 Vol. 15 Page 15

Ebenezer Davis -
H. Burward B. of Rep

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. County of Sullivan. }
This 22 d day of August 1832, personally appeared in open Court, before the Judge of the Court of Probate, now sitting, Ebenezer Davis a resident of Washington in the County of Sullivan and State of N. H. aged 75 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 and served as herein stated
That on the 19 th of April 1775, he enlisted in Capt. Jonathan Davis company, Colonel Whitcomb's regiment, Joseph Whitney being Lieut. Colonel, for the term of eight months, at Cambridge in Massachusetts - and remained at said Cambridge the whole of said term. Said regiment belonged to the Mass. troops. During said term he was employed in doing guard and camp duty - At the end of said he was discharged verbally.
Declarant further states, that in March 1776, he enlisted in Capt. Rob. Thackack's company, Col. Prescott's regiment, for the term of two months - was ordered to Cambridge and there stationed during said term -
Declarant further states that in July 1776 he enlisted for the term of five months, in Capt. Thackack's company Colonel Prescott's regiment, and was ordered to Ticonderoga, & remained there during said term. He thinks that Genl. Gates commanded, & that Colonel Stark was also in command at Ticonderoga. General Arnold commanded in an engagement on the Lakes while he was there, & was defeated - Declarant was stationed at Mount Independence - Declarant has no documentary evidence of his services - and knows of no one who can testify to his services except Ebenezer Wood whose deposition he affixes hereto - He has stated all the officers whom he recollects, except Colonel Brewer who had command of a regiment while declarant served his first term at Cambridge -
Declarant was born at Howard in Massachusetts in 1757. There is a record of his age in the Town Records of said Howard. He entered the service as a volunteer, & lived in said Howard when he first joined the service - He never received any written discharge - He is known to William Carr and Aaron Pettleton who can testify as to his character & their belief in his services as a soldier of the Revolution -

all the officers whom he recollects, except Colonel Brewer who had command of a regiment while declarant served his first term at Cambridge.
Declarant was born at Haward in Massachusetts in 1757. There is a record of his age in the Town Records of said Haward. He entered the service as a volunteer, & lived in said Haward when he first joined the service. He never received any written discharge. He is known to William Carr and Aaron Nettleton who can testify as to his character & their belief in his services as a soldier of the Revolution.
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, the day and year aforesaid
Ebenezer Davis
We, William Carr residing in Newport and Aaron Nettleton residing in Newport
Ebenezer Davis, who has subscribed and sworn to the above obligation; that we believe him to be 75 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 day & year aforesaid
William Carr Aaron Nettleton
Frederick A. Sumner Judge of Probate
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 certifies, that it appears to them that William Carr who has signed the preceding certificate, is a resident in the Newport - and that Aaron Nettleton, who has also signed the same is a resident in the Newport - and are credible persons, and that their statement is entitled to credit.
Frederick A. Sumner Judge of Probate
I, Aaron Nettleton Jr. Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Ebenezer Davis for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 22 d day of August 1832
Aaron Nettleton Jr. Register of Probate

Ebenezer Davis Washington (N.Y.) Parole 15 Mo
Adm
$50
Hon R. Hubbard House Rep

BRIEF in the case of Ebenezer Davis of Washington in the State of New Hampshire (Act 7 June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75 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. As a Gen.     Apr. 19 In 1795 " — 8 — " — Private Capt. Davis for Whitcomb   March 76 " — 2 — " — " — Capt. Shattuck for Prescott   July 76 " — 5 — " — " — Capt. Shattuck for Do  
 5. In what battles was he engaged? None stated  6. Where did he reside when he entered the service? Honaa Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
A. H. Atkinson Examining Clerk.

Perkins
✓ INVALID.
Con
File No. 12. 937
Ebenezer Davis Priv. Recv. War
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Francis Davis Washington N.H.
Gen H. Hubbard House of Reps

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ebenezer Haws which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes 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? No 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? No VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes 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? no device etc

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? yes
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? yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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? no
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 the 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.
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 authenticated 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 end 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.

I, Ebenezer Wood of Washington in the county of Sullivan & State of New Hampshire, of the age of twenty eight years, depose and say that previous to the commencement of the Revolutionary War I resided in Ashburnham county of Worcester State of Massachusetts and was then well acquainted with Ebenezer Davis. Then of Harvard Massachusetts & now of Washington, county of Sullivan State of New Hampshire, who is now present at the taking of this affidavit, said Davis is about my age and I will recollect, that he is the same Ebenezer Davis who served in the Massachusetts State Troops stationed at Cambridge Massachusetts, in the year 1775, in the Regiment commanded by Col. Whitecomb in the company commanded by Captain Jonathan Davis for the term of eight months in the Revolutionary War, I served in the same Regiment at and for the same term and was discharged at the same time that the said Davis was
Ebenezer Wood
State of New Hampshire } Be it known that before County of Sullivan ss } me, Ward Sampson a Justice of the Peace in & and for the county of Sullivan aforesaid on the 27 th day of August 1832. Personally appeared Ebenezer Wood and made oath that the above affidavit by him subscribed contains the truth & nothing but the truth.
Before me Ward Sampson Jus Peace
I hereby further certify that I am well acquainted with the above named Ebenezer Wood & know him to be a credible witness.
Ward Sampson Justice of the Peace

State of New Hampshire } County of Sullivan } ss
I, Mary B. French, Clerk of the Court of Common Pleas for the said County of Sullivan certify that Ward Sampson who has affixed his name to the within, is a magistrate duly qualified, and I believe the same to be his genuine signature.
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Newport this twentyseventh day of August A.D. 1832.
M. B. French