Revolutionary War Pension and Bounty Land Warrant Application File S. 1756, Thomas Davis, N.C.

SERVICE
NUMBER
N. 6.
Davis, Thomas
S. 1756
Born in Va
Carded!
CONTENTS

Revolutionary Pensions 12.72.43 North Carolina
Thomas Davis Haywood in the State of North Carolina who was a private in the company commanded by Captain Gordon of the Regt. commanded by Col. Malmady in the North Carolina line for 6 months
Inscribed on the Roll of North Carolina at the rate of 20 Dollars per month to commence on the 4th day of March, 1834.
Certificate of Pension issued the 18. day of May and sent R. Love Asheville C.H.R. 6.
Arrears to the 4th of March '33 - 40 Semi-annual allowance ending 4 Sept. - 10 $50
{ Revolutionary Claims Act June 7, 1832
Recorded by William Miller Clerk Book E. Vol. 6. Page 38
Adv to Pen Agents 9. March 1836 To East Tennessee from Sept 1836 - 23 March 1837 Notification sent to R. Love Dale - Morgan Co. Tenn Letter to Hon. W. Stans 18 May 1837 to Hon. Sherrod Williams 3 Auditor 16 June 1838
Paid at the Treasury under the Act of the 6 April 1834 from 4 Sept 1836 to 4 Sept 1837. Ago notified 29 June 1838

State of North Carolina Haywood County } On this 1 st day of January 1833 personally appeared an open court before the Justices of the court of Pleas and quarter Sessions (at being) a court of record) (now Sitting) Thomas Davis a resident of Haywood County North Carolina Aged 72 years who first being duly sworn according to law both on his oath make the following declaration in order to obtain the benefit of an act of Congress passed June the 7th 1832.
That he entered the Service of the United States under the following named officer and served as herein stated that he entered the Service as a Drifted Militia Man under the immediate command of Captain Coffee &
Major Rowan in the County of Wilkes North Carolina (in April 1811) and was marched to Camden & Moncks Corner South Carolina & was then placed under the command of General Sumpter - and on his return from the south was in the Battle at Blackstock in Upper River where General Sumpter was wounded & then was regularly discharged after serving a tour of three months.
He further states that afterwards he volunteered for a tour of three months under Captain Downey Gordon in the Regiment commanded by Colonel Malvada a French officer in the Brigade Com- manded by General Greene Col Washington & General Lee was marched to into South Carolina to the Wight hills of Santee & there stationed until they were marched to the Waw Springs and was in the Battle with the British afterwards was placed as guard to the prisoners taken at that place & was marched to Bells branch near Salisbury North Carolina & there stationed until his term of service expired and then was discharged. Served this tour three months

He Hereby relinquishes every claim to a pension or annuity except the Present and declares that his name is not on the Pension list of the agency of any State
1 When and what year were you born - In the In Fauquier County State of Virginia in the A.D. 1760
2 Have you any record of your age & if so when is it, - I know of no record of my age
3 Where were you living when called into the Service when have you lived since then Revolutionary War and where do you now live A In Fauquier County I have removed from Wilkes to Fauquier County ten years the residence I have lived in Baywood County North Carolina
4 How were you called into the Service were you drafted did you volunteer or were you a Substitute and if a Substitute for whom And I served three months as a Volunteer and More recently was drafted into the Militia
5 State the names of some of the regular officer who with the Troops where you served such as Continental and Militia as you can recollect and the General circumstances of your service I served under General Greene Col Washington & General Lee & Col Malvid

6 Did you ever receive a discharge from the Service if so by whom was it given and what has become of it - I did receive a discharge & believe it was signed by the Captain under whom I served - But are lost or mislaid so that I cannot lay my hands on them
7 State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character as a Soldier of the revolution. For veracity I am known to William Davis & Solomon Ray - then being a regular clergyman in the immediate neighbourhood who (I was) a Subscribed in Open Court the day and year above written
Robert Love 6th Infy Bty Col. B Love
Wm Davis
We William Davis residing in the neighbourhood & county of Haywood & Solomon Ray residing in the same hereby certify that we are all acquainted with Thomas Davis who has subscribed the above declaration that we believe him to be twenty two years of age that he is reputed & believed in the neighbourhood where he resides to have been a Soldier in the revolution and we concur in that opinion
Sworn to and Subscribed the day and year above written
Robert Love 6th Infy Bty Col. B Love
Wm Davis
Solomon Ray
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogations presented by the War Department that the above named applicant was a revolution Soldier and served as the States and the Court further certifies that it appears to them William Davis who has signed the foregoing certificate is a resident in the neighbourhood of and that Solomon Ray who has also signed is a resident in his neighbourhood and is a credible person & that their statement is entitled to credit

W. H. Haynes Chairman
I Robert Love Clerk of the court of pleas and quarters sessions for the county of Haywards do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thomas Davis for a pension. In testimony whereof I have hereunto set my hand and seal at office this 11 th day of January 1833
R Love Clerk by R Love v. b.
23127 Thos Davis - Declaration - Pension

23127
Thomas Davis
Haywood county North Carolina
Admiral as a private P. Memo $20
R. Lovy, flh, Asheville North Carolina

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 Thomas Davis, Haywood co N. Carolina
   Period when 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.     Drafted 1791 3 private Capt. Loper Major Rowan Camden 72 tradition   Volunteer 3 Capt. Gordon Col. Malundy Black-stocks Winty. r. Wilkes N.C.   Guilford Salisbury   Tiger river  
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 or 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. 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 in note (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. R. Brant

Rev War.
1756
INVALID.
1927 Aug. 19. Data for last payment to Pens. Sect. Rev. Ab. Of.
File No.
1756
Thomas Davis.
his N. G. Line.
Act: June 7, 1832.
Index:—Vol.
a
, Page
88
[Arrangement of 1870.]

Thom Davis Sergeant under Capt Alexander Gordon Hob. Malbedee

State of Tennessee Morgan County
Be it known that before me Thomas Jack, a Justice of the peace in and for the county of Morgan State of Tennessee personally appeared Thomas Davis and made oath in due form of law that he is the identical person that served under Captain  Alexander Gordon in Col. Malvern's Regiment, that he received a certificate, of Pension in the State of North Carolina for the sum of Twenty dollars per annum payable semiannually, for services rendered the united States in time of the Revolutionary War that he emigrated from Haywood County North Carolina where he had lived many years, to where he now lives in Morgan County Tennessee, with some of his relations, that he is the Identical person named in an original certificate in his own name, of which (I certify) the following is a true copy,
War Department,
Revolutionary Claim.
I certify that in conformity with the law of the united States of

= the 7th June 1832, Thomas Davis of the State of North Carolina who was a pri. in the army of the Revolution is entitled to receive Twenty dollars and and  cents per annum during his natural life commencing on the 4th of March 1831 and payable semiannually on the 4th of March and 4th of September in every year Given at the War office of the United States this 18th day of May one thousand eight hundred and thirty three
Examined and } Lewbap Commissigned } Secretary of War J L Edwards Commissioner of pensions }
That he prays that his name be trans- ferred from the agency of north Carolina, to the agency of East Tennessee at Knoxville for his convenience as he is settled in Morgan County, County Ten- nessee
Sworn and subscribed } Thomas his Davis this 23th day of Feb } mark 1838 before Thomas Jack Justice of the peace for Morgan County Tennessee

State of Tennessee } Morgan County }
I Thomas Jack a Justice of the peace in and for the County of Morgan aforesaid certify that I have the most satis- factory Evidence, to wit by the Oaths of Robert Dabney and John Duncan who are entitled to full credit, that Thomas Davis who has this day appeared before me to take the Oath of Identity is the Identical person named in an original certificate, this day Exhibited before me, signed by the secretary of War, namely Lew C. as numbered 12.724. The copy of which, is contained in the foregoing.
Thomas Jack
Justice of the peace for Morgan County Tennessee
State of Tennessee } Morgan County } I Edmund G. King Clerk of the County Court of Morgan aforesaid certify that Thomas Jack is a ma- gistrate as above, and that the

foregoing signature purporting to be his is genuine
Given under my hand and seal of office at office in Montgomery This 25th day of Febru- ary AD 1898
Edmund G. Kington Clerk

May 17
Mr. Evans
James L. Edwards Washington d. k.
H. H. Stone M.R.

Mar. 17
W. Ear
attention
The Rev
N.C.
23522
FREE
Jenny L Edwards Esq. Commissary of Prison Washington.

Union Office
Day Mobile March 13, 1838
James L Edwards Esq Commission of Insolvency Sir
Thomas Davis a Pensioner under the act of June 1832 - was paid to the 4 th Sept 1836 - no further payment will be made to him at this Office.
Thomas Reine of Am. com. bdy county. was paid to the 4 th Sept 1834 - I am - doubtless in your letter of the 9 th to mention the payment of this pension, but at the time of not taking. I am not a copy to know whether he should be paid from the date of the last payment, or from this time; please advise me in this head, as soon as convenient
Yrs respectfully John Calhoun
Samuel H. Smith Esq.

House of Reps.
17 May 1838. —
Sir,
Enclosed, I send you the letter of Mr. Retet. A. H. Halsey, asking to be informed of  the necessary course to be pursued by Thomas Hays a Revolutionary pensioner you will please examine his case, and inform me of the result,
I have the honor to be very respectfully your most obt servt.
W. H. Stowe
Col. J. L. Edwards
Washington
D. C.

June 19. Mr Evans,

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
June 18. 1838.
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;" Thomas Davis a Pensioner on the Roll of the Knoxville Agency, at the rate of Twenty 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 Sept. 1836 to the 4 th of September 1837
Respectfully, yours,
William H. Parrish Comptroller
To the COMMISSIONER OF PENSIONS, Present.

Morgan Courthouse Tennessee Feb 1th 22 nd 1838.
I herein inform you that I have become acquainted with a certain Thomas Davis now living in this county, whom I learn from his near Relations and from other circumstances, is a pensioner from Haywood County County North Carolina, he is desirous to have his pension Money made payable at Knoxville in East Tennessee, the enclosed affidavit and certificate of proof of identity are hereto taken, with leave to that object a transfer of his name from North Carolina, to Knoxville Tennessee is Respectfully solicited, and information, directed to this place as soon as may be found practicable
your humble servant
Robert A. Dabney
Th. hon, 3
J. L. Edwards
comr pensions 3

Morgan E H June 5 June Heber 26th James L Edwards
Thomas Munk
Washington City D. C. 3 War Department 3 Pension Office
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