Revolutionary War Pension and Bounty Land Warrant Application File R. 2753, Phinehas Davis, New York

SERVICE
NUMBER
New York
Davis, Phinehas
R. 2753
CONTENTS

Phoenix Davis
26.121

State of New York } County of Suffolk { On this First — day of January 1833
personally appeared before the Court of Common Pleas in & for the said County of Suffolk now sitting, Mine haz Daviz a resident of the Town of Brookhaven in the said County of Suffolk & State of New York aged seventy eight years & upwards 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 in the month of April 1776 & served as herein stated viz On or about the 1 st of April 1776 enlisted as a volunteer in Silah Strong's Company of State Troops at Setauket & passed muster at the same place that he enlisted for the term or period of Six months, That the company was stationed at Setauket for a short time, when the Captain received orders to march to the west end of Long island & the company accordingly marched to the west end of the Island & went into the Lines with the regular troops was in the battle of Long island, after the battle, the company retreated over to York Island & from thence to Kings Bridge & from thence to New Rochelle. The Deponent was here taken sick with three others who were sent home in a small Sloop procured for that purpose by the Officers & landed on Crane Neck & continued sick & unwell until after the expiration of the term of his enlistment & was not able to do any thing during the following winters. His Company Officers were Silah Strong Captain, Lieutenant Caleb Brewster, 2 d Lieutenant Nathl Brewster & the company was assigned to the Regiment commanded by Col Josiah Smith. recollects well Genl Washington Genl Sullivan, Genl Putnam, Lord Stirling, Genl

Woodhall - Deponent was born in the Town of Brook Haven in the said County of Suffolk the 14 th day of Septem- ber 1754 as appears from the record of his age set down in the family bible now in the possession of his Brother Isaiah Davis, That he was living in the said Town & trained under Capt Thompson untill he enlisted in the service as above stated & has resided ever since in the said Town, He voluntarily enlisted & was not drafted, nor a substitute - he never received any writ- ten discharge & has no documentary evidence of his service William Gould Caleb Newton reside near deponent & can testify as to his character for veracity & as to their be- lief or knowledge of his services in the War of the revo- lution - he hereby relinquishes every claim whatever to a Pension or annuity except the present & declares that his name is not on the Pension roll of the agency of any State -
Sworn & Subscribed this day one year aforesaid
Attest Joseph R Huntington Clk
Isaiah Davis
Suffolk County ss William Gould & Amy Shommedieu both of the Town of Brookhaven in said County Do hereby cer- tify that we are well acquainted with Isaiah Davis who has subscribed & sworn to the above declaration that we be- lieve him to be seventy eight years that he is respected & believ- ed in the neighbourhood where he resides to have been a soldier of the revolution & that in consequence of that opinion we do further certify that we distinctly remember when the said Davis entered the army & when he returned home sick with the camp disorders or fever but do not remember the length of time he was so absent - William Gould subscribed & sworn to this 29 th day of December 1832 - before me Joseph R Huntington
Amy her Shommedieu mark

I certify that William Goulee & Amy Thomeclieu who made the above statements are credible persons & their statements entitled to full credit & belief
Joseph R Huntting Justice of the Peace
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories proposed by the war department that the above named applicant was a revolutionary soldier & served as he states. And the Court further certify that it appears to them that William Goulee & Amy Thomeclieu who have signed the foregoing certificate are residents of the town of Brookhaven and credible persons & their statements entitled to credit
I Joseph R Huntting Clerk of the Court of Common Pleas of Suffolk County do hereby certify that the foregoing containing the original proceedings of the said Court in the matter of the application of Rhineke, Davis for a pension
In testimony whereof I have hereunto set my hand & seal of office this first day of January eighteen hundred & thirty three
Joseph R Huntting Clerk
Suffolk County ss I Joseph R Huntting Clerk of the Court of Suffolk & Clerk of the Court of Common Pleas of said County do certify that Joseph R Huntting before whom the above affidavit was made was on the day of this date through a Prothonotary the Peace of the County of Suffolk & that the signature of the said Joseph R Huntting is his own proper handwriting, being acquainted with the same
In Witness whereof I have hereunto subscribed my name & affixed the seal of the said Court this first day of January eighteen hundred & thirty three
Joseph R Huntting Clerk

26121
Plinthus Davis
Republ
Claimant

WAR DEPARTMENT,
Pension Office,
August 3 d 1834
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 subjjoined 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 Phinehas Davis, Brookhaven Suffolk County
   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.     April 1, 1776 + 6 — Capt Strong 78  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
+ Only four of these times in service

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been adopted on _____, 19____.
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,
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 do hereby certify (h) that the foregoing contains the original proceedings of the said Court 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 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] 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, (1) 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 inquiry 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 _____; 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 , 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 [j] 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.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
2758
P. O.
Minchus Davis
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Printed list of 1852, gives cause of rejection -
Alleges: "He did not serve six months".
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized. _____
Contract. _____
Cert. of Dis. _____
Searched for _____
, 18
1930-Rev 11, 1847 To B. Leonard New York City

New York
Rev. C.
275 P
Phinehus Davis
Reject'd
See letter to
Claimant
February 1832.
Act 7. June 1832

Phinehas Davis
9 August 1833.
[Large decorative flourish or signature]
Rec Vol 9
Page 433

War Department Pension Office Aug 9 th 1833
Sir,
The papers in support of your application for a pension have been examined - It appears from your declaration that the term of your enlistment was but for five months and that sometime before the expiration of the term you returned home sick; That part of the bonus taken up at home cannot be regarded as military service and as the term in default of it does not amount to five months, the claim is re- jected - The papers remain on file in the Department
I am Sir
Mr Phineas Davis Brookhaven County of Suffolk New York

IN REPLY REFER TO
3-2562
Rev. and 1812 Wars Section. MMHF
UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS WASHINGTON
February 21, 1930.
Eleanore Train Low,..... 334 Archer Street,..... Freeport, New York.....
When I wrote you last year I asked for information concerning Richard Davis but that was wrong, the man's first name was Phineas, sometimes spelled Phinehas and I think he was in the First Company Brookhaven, but I want more definite information of his war record for my fifth DAR ancestor
Dear Madam:
I advise you that the data furnished by you are not sufficient to enable this bureau to make intelligent reply to the queries contained in your letter.
Please fill out such of the blank spaces below, as the information in your possession will permit, and return to this bureau.
First name of widow Sybel.....
Full name of soldier Phineas Davis (Jr. or second).....
Residence of soldier at enlistment Brookhaven Town.....
May have been called Lakeland then or village of Lake Grove or Ronkonkoma or
Residence of soldier after service Lake Ronkonkoma.....
Name of state from which he enlisted New York.....
Approximate date of birth 1755.....
Approximate date of death 1848.....
Kindly return attached letter with your reply.
Respectfully,
Earl D Church
EARL D. CHURCH, Commissioner.
E. T. Low Nov 24, 1930

December 11, 1930
Eleanore Train Low 334 Archer Street Freeport, New York
Rev.& 1812 Wars Section EEL On
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, R.2753, that Phinehas Davis was born September 14, 1754, in Brook Haven, Suffolk County, New York.
While residing in Brook Haven, New York, he volunteered at Setauket, April 1, 1776, served as a private in Captain Selah Strong's Company, Colonel Josiah Smith's New York Regiment, and was in the battle of Long Island, after which they retreated to New Rochelle, where he was taken sick and sent home.
He applied for pension January 1, 1833, while residing in Brook Haven, New York, where he had always lived. His claim was not allowed as he did not render six months military service as was required by the pension laws.
There are no data as to his family.
Very truly yours
E. W. MORGAN Acting Commissioner.