Revolutionary War Pension and Bounty Land Warrant Application File S 8278, William S Davis, New York

SERVICE
NUMBER
New York
Davis, William S.
S 8278
CONTENTS
boarded

Col. Hon. Bodle 19 ap r 34
24,544
Dear
Paid at the Treasury under the Act of 6 th April 1838 to grace 11 th Sep r 1833 to 1 st March 1834, Agt notified 23 Dec 1842
New York
William S. Davis
Sullivan in the State of N.Y. who was a private in the Com y commanded by Captain Milliken of the Reg t commanded by Col Paulding in the N.Y. time for 2 years
Inscribed on the Roll of New York at the rate of 80 — Dollars — Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 30 th day of May 1833. and sent to E. D. Maury Bloomingburgh New York
Forfeits to the 4 th of March 1833 $160 Semi-ann. allowance ending 4 Sep r 1833. 210
$200
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book E. Vol. 4 - Page 53

22630
William S Davis Sullivan co New York
Lyra B. Mawine, Bloomingburg, N.York,
Ms. B. 1. 16. 10. 22

WAR DEPARTMENT,
Pension Office,
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, shewing the Service of William S Davis, Sullivan co. NY.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1775 1 private Capt Jackson 76 Andover tradition   do 1776 1/4 Capt Van Buren Col M'Laughry Long Isld N. York   1/4 Lieut Hunter New York two witnesses to part of his service   1777 6 Capt Millikin Col Paulding White Plains   1/4 Capt Van Buren   From 1777 to 1780 28 Capt Humphey   1 Capt Van Buren   1 do   1 Capt Vail   1/4 do   1 Capt Brinker   1780 1 Col Paulding   5 Capt Westfield Col M'Kin   3 Capt Drake do   4 do    8 other terms  I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day 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 he 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 places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
J. E. Bradford

TREASURY DEPARTMENT, SECOND COMPTROLLER'S OFFICE,
Nov. 25 th 1842.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The children of William S. Davis, dec d a Pensioner on the Roll of the New York Agency, at the rate of Eighty Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of Sept. 1833, to the 1 st March 1834.
Respectfully, yours,
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

State of New York Sullivan County
On the 24 th day of October 1832 personally appeared before me Samuel Smith Esq. one of the Judges of the Court of Common Pleas in and for said County of Sullivan William S Davis a resident of the Town of Taram - a Resident County of Sullivan and State of New York aged seventy six years (since last May) who being 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 here in stated -
He enlisted in the year of 1775, under Captain William Jackson for six months and continued to serve in said service one month; but still held in readiness to be called at a moment's warning; and that at the time of his enlistment he resided in the Town of Deerfield then County of Ulster now County of Orange & Town of Deerfield  Ellipton ; And again went into the Continental service in 1776, under Captain Henry Van Riper at Fort Montgomery, Colonel the Blaenburgh Regiment and continued in said service about two weeks, and shortly after called again into service under Lieutenant Hunter, Col the Blaenburgh Regiment, then enlisted for six months under Captain James M'Kellin, Col the Paulding's Regiment, and continued in said service the full term of six months, at Long Island New York and White Plains all in the year of 1776 and was discharged from the said service on the 25 th day of December 1776, in the winter of 1777 called into service, in the State of New Jersey at Paramus and Ramapoo under Captain Van Riper for 2 weeks, & 2 weeks, in the Captain James Humphrey, Col the Blaenburgh Regiment, and served by classes, two different terms two weeks each at Fort Montgomery under Captains Van Riper & M'Kellin and from 1777 to 1780 served one month in the fall of the year under Captain Van Riper at Newburgh & Newburgh under Colonel M'Kellin; also one short month under Capt Fitter, Colonel M'Kellin, at West Point,

also one month at West Point under captain for Van Riper Colonel - New York Regiment - Also one month under captain Isaiah Tait, Colonel New York Regiment one month at Haverkill, Ulster County - State of New York; Also 2 Weeks at West Point, under Capt Benjamin Tait, Colonel not recollected - Also one month at Nippin Knocks in Ulster County State of New York; under Capt Henry Bruffe Also one month at Pine Creek; the two last mentioned places being on the Frontier; in the said County of Ulster - Also from the year from 1777 to 1780, at different times along the North River, or Hudsons River and along the Western Frontier at least six months (but the exact time not recollected) under Captains Van Riper & Captain William Gaultner Then in 1780 he enlisted in Captain Abraham Westfall's com- pany, Colonel of Philip Paulding's Regiment for eight months, and continued to serve under said officers five months and then was then placed under Captain Joshua Drake Colonel - New York Regiment and continued to serve under the last mentioned officers for three months when I was compelled by the last mentioned officers to remain one month in consequence of the enemies attacking of the Stone Robby Fort. And continued to serve under Captain Joshua Drake and other officers, Col. New York Regiment, for four months on the Northern Frontier at Fort Stanwix, and along the Mohawk River, and again in 1781 on two occasions on the Frontier, two or three weeks under Captain William Gaultner Colonel Jacob New York, and that he has no documentary evidence of his service.
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and that his name is not on the pension roll of the agency of any State agency.
William G. Gault
Shown to and subscribed the day and year aforesaid
General Smith Judge

State of New York
Sullivan County ss I Thomas Oliver of the Town of Wallkill County of Orange and State of New York being duly sworn depose and say that he is well acquainted with William Davis who signed the foregoing declaration and was acquainted with him in the year 1776 and knew that he served six months under Colonel Paulding; And this deponent knows for the fact that he knew the said applicant; During the year 1777 in service of the United States also knew said Davis at Yorktown where I saw Pack as mentioned in said Davis declaration also in the year 1780 served under Capt. Westfall Colonel Paulding's regiment as mentioned in said declaration Also 1781 knew said Davis to be at one time at Peek Pack And further this deponent saith not.  Sworn this 21 st day of October 1832 before me Samuel Smith Judge  Thomas Oliver Jonathan Sears
Sullivan County ss
I Jonathan Sears of Mamakating in said county being duly sworn do say on my oath that in the year of 1776 being in the service of my country in New York Long Island and White Plains under Captain James Mifflin Col. Lev. Paulding knew that William Davis who signed the foregoing declaration was in said service under said officer for the term of six months and was discharged from said service at one time and in the year of 1780 said Davis was enlisted at Poughkeepsie in Ulster County but now Orange County for eight months and continued to serve in that service for five months then shifted into Captain Drake's Company Col. Mifflin's Regiment and went on to the Northern frontiers at Stone Ridge and along the line at Fort Stanwix for the term of four months and further this deponent saith not.  Jonathan Sears
Subscribed & sworn to this 16 th day of October 1832 Samuel Smith Judge

We Andrew Dutz and Theodore Miller residents of the Town of Mamakating Sullivan County & of the neighborhood of the above named applicant, hereby certify that we are well acquainted with William J Davis,  to the above named who has subscribed and sworn to the above or foregoing declaration, that he believes him to be seventy six years of age, that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion.  Given and subscribed, this 12 th day of October A.D. 1832 Samuel Smith Judge  Andrew Dutz Theodore Miller
And I the said Samuel Smith as aforesaid doth hereby certify in my opinion, after the investigation of the matter, and after putting the interrogatories presented by the War- Department, that the above named applicant, was a revo- lution soldier and served as he states. As I do further certify, that it appears to me that Andrew Dutz and Theodore Miller — who have signed the same are residents of the Town of Mamakating & of the neighborhood of the applicant, and are credible persons and that their statement is entitled to full credit.
Given and subscribed to the year and day aforesaid  And I do further certify that  Before me I am personally acquainted with William J Davis who signed the foregoing declaration, and that he is not able to attend in open court, in consequence of bodily infirmity.
State of New York Sullivan County 3. Jesse M Foster clerk of the Court of Common Pleas of Sullivan County do certify that Samuel Smith Esq. before whom the annexed affidavit was sworn & who subscribed the foregoing certificate was at the date of the same one of the judges of the Court aforesaid — and that I am well acquainted with his hand writing and very believe his to the said affidavit and the foregoing certificate is genuine. In testimony whereof I have hereto set my hand and seal of office this 12 th day of October A.D. 1832. Jesse M Foster
220'30" Wm J Davis

Rehray ✓
8278
INVALID.
✓
File No. 8278
William Davis
Pre Rev War
Act: June 1 st 82
Index:—Vol. 1 st , Page 90
[Arrangement of 1870.]

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
March 12 th , 1845.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, William Davis a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Eighty Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1843, to the 4 th Sept. 1843.
Respectfully, yours,
W. D. Davis
Comptroller.
To the COMMISSIONER OF PENSIONS,
Present.