Revolutionary War Pension and Bounty Land Warrant Application File S. 8280, Lewis Davis, Va

SERVICE
NUMBER _____
Var.
Davis Lewis
18280.
barded
CONTENTS

2901 Virginia
Lewis Davis
of Franklin in the State of Virginia who was a Private in the Compy commands by Captain Lyon - of the Regt commands by Col. Christie - in the Virginia line for 15 months from 1776
for much
Inscribed on the Roll of Virginia at the rate of 50 - Dollars - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of Dec r 32 and sent to Hon. R. H. Glaiborne, No. of Rep s .
Arrears to 4th of Sept 1832 75.- Semi-annual allowance ending 4 Mar 33 25.- $100.-
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Nathan Rice - Clerk Book D Vol. 7 Page 125

9936
Lewis Davis Declaration for a Pension
Faint, mirrored handwritten text bleed-through from the reverse side of the page.

State of Virginia } Franklin County } Sept.
On this 4 th day of September 1832 personally appeared in open Court before the Justices of the County Court of Franklin aforesaid now sitting (being a court of record) Lewis Davis a resident in the County aforesaid and state of Virginia aged 76 or 77 years, who being first 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 was born in the County of Stafford in the state of Virginia and now lives in Franklin County Virginia. That he entered the service of the United States in the militia thereof at Washington Iron works near Franklin Courthouse as a volunteer, or recruit that he marched under Capt James Lyon and Lieutenant Edward Cheat and joined the army under the Command of Col o Christy at the place called the Long Islands of Holston about the year he was then marched to the Cherokee towns, and again back to the Long Islands of Holston, where he was discharged after having served upwards of six months from the time he volunteered or recruited, The next tour he when was drafted in the service of the United States under the command of Capt George Harrison, and marched from the County of Franklin (at that time Henry) to and passed at Henry old Courthouse now  to to Guilford in the state of North Carolina and joined the army under the command of General Green and attached to Lawson's Brigade

and remained in service during the three months tour when he received his discharge at Cape Fear river, his last tour was against the British, the third tour you entered the service in Franklin County (New Henry) under the command of Capt Hill, by draft and joined the army at Little York in the State of Virginia under the command of General Washington, and he believes he was under the immediate command of Major George Waller and that he served during the three months tour when the British forces were surrendered and he was discharged. He has no other papers discharge at York found he thinks Col. Richard sent you his discharge, and he had no documentary evidence except the present and that he was referred to the court of the county for his character being known to most of them that James Standifer and William Swanson were officers appointed to furnish the army with flour and beef and that he served with the said Standifer & Swanson about three months, in transporting the said Provisions from Franklin County (New Henry) to Potomack near Red Stone in this state, that when he entered into his last tour he was drafted for a regular tour of three months duty, and accordingly was discharged when he arrived at Red Stone or near there on the Potomack. He hereby relinquishes any claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll or the agency of any state. Sworn to and subscribed the day before aforesaid.
Lucas Davis

We Moses Green Jr a clergyman residing in the said county of Franklin and State of Virginia and George Ferguson residing in the same County and state, hereby certify that we are well acquainted with Lewis Davis who has sub- scribed and sworn to the above declaration that he believes him to be 76 or 77 years of age, that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Moses Green Jr Subscribed and sworn to The day and year aforesaid } George Ferguson
And the Court do hereby declare their opinion after the investigation of the matter, and after holding the interrogations prescribed by the General Department that the above named applicant was a Revolutionary soldier and served as he states, and the Court further certify that it appears to them that Moses Green Jr who has signed the preceding certificate is a clergyman resident in the County of Franklin aforesaid, and that George Ferguson who has also signed the same is a resident in the said County, and is a credible person, and their statement is entitled to credit.
I Caleb Tate clerk of Franklin County Court do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of application of Lewis Davis for a pension.
In testimony whereof I have hereunto set my name and affixed my seal of office the 10 th day of September 1832 in the 57 th year of the Commonwealth
Caleb Tate

9936 Lewis Davis
for 1776 print 15 months. $50.

9936
BRIEF in the case of Lewis Davis County of Franklin in the State of Virginia (Act 7th 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? 76  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.     Vol. In 17, not stated — 6 — private Capt. J. Lyon Col. Christie   Drafted Ditto — 3 — " " G. H. Hamilton Gen. Lawson   do 1781 about 3 — " " Hill Major E. Waller   — 3 — Col. Richardson   Handley + Weaver  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Franklin Cty. Va.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh
Examining Clerk.

Re-han
8280 INVALID.
No. 8280
Lewis Davis
Pre Civil War
Act: June 1st 82
Index: Vol. 12 , Page 90
[Arrangement of 1870.]

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
May 13, 1854.
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,
the Exor. of Lewis Davis, dec.
"Pensioner on the Roll of the Richmond Agency, at the rate of Fifty 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 1841 to the 18 July 1841.
Respectfully, yours,
J. M. Brooks Comptroller.
2907
To the COMMISSIONER OF PENSIONS, Present.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Lewis Davis 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  yes
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?
yes
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?
yes

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?
yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
No
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?
yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
2
7
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.