Revolutionary War Pension and Bounty Land Warrant Application File R. 2702, Benjamin Davis, New York

SERVICE
NUMBER
New York
Davis, Benjamin
R. 2702
CONTENTS

State of New York County of Orange ss.
On this twenty eighth day of May 1834 personally appeared in open Court, before the Judges of the Court of Common Pleas now sitting Benjamin Davis a resident of the Town of Warwick in the County of Orange and State of New York aged seventy six years the twenty-fifth day of December last, 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 herein stated.
That in April as near as he can recollect of the year 1776 He enlisted for four months under Capt John Wisner and Lieut. Abraham Dolsen. That he started from Florida in said town of Warwick and marched to New Windsor, lay there a few days and went to what was called Peaple's Island in the Hudson river where they erected a battery. There was an officer by the name of Hues, whether a Major or Adjutant does not recollect, while on the Island the news of the Declaration of Independence arrived. at the end of four months was dismissed but had no written discharge.
The same fall he thinks in September he volunteered under Capt. John Minthorn and went from Warwick to Fort Montgomery. Col Logan was in command, was there one month.
As near as he can recollect the time, in November or December of the same year (of the time he cannot be certain) He went under Capt. Minthorn from Warwick to the camp at Parramence, from there to the English neighborhood and to Haverstraw, was there when the Tea and Rum was taken and drew a share of the boot, when his month was out he stayed one month as a substitute for his brother Nathaniel Davis, while out Major John Popham and Major Henry Wisner was each there part of the time and Col John Hathorn part of the time was in the service two months whether it was in that winter or the next summer he cannot say but one or the other he was for several weeks stationed at Kingsbridge and under the command of Col Nichols.
In the spring of 1777 as he thinks, he volunteered again with Capt Minthorn to go to Fort Montgomery was there one month. He thinks Col Logan was still there and Gov: Clinton was also there.
In the same season and soon after he returned from Fort Montgomery He enlisted under Capt William Blair for six months and went with him from Warwick to the encampment near Capt. Hopkiss, was at the English neighborhood, Tappan Creek and Kingsferry and whether he crossed the river at that time he does not now recollect, remembers seeing the British shipping go up the river and fired a number of shots at them, was under different commanding officers — Major Popham or Col Hathorn and sometimes both was with them a small  able

part of the time He stayed in the service his six months out and was discharged but had no written discharge
Early in the spring of 1778 as he believes, He was hired by a Class of whom Judge Thompson Richard Clark and some others were members to volunteer for their Class and He enlisted under Capt Gurno for a nine months Northern Campaign started from Goshen and marched on foot to New Windsor and there went on board a Sloop and then to Fishkill and there took in some provisions, then to Albany, lay there a short time and then marched to Schenectady, lay there a short time and then went to Johnstown and from there to Fort Stanwix, back again to Johnstown was under the command of Col Dubois Gov: Clinton was with them at Johnstown and Fort Stanwix After his nine months was out He received a written discharge from Capt Gurno, does not remember whether it was countersigned by Col Dubois or not returned home through deep snow The discharge He then received was afterwards burnt up with his Father's house
In the spring of 1779 He went as a militia man under Capt Colvin Shepherd and Lieut: Heman Rowley to Minisink, lay at Martinus Decker's Fort, was there one month Major John Poppino commanded
Soon after his return He went again to Minisink as a substitute for his brother Nathaniel Davis under Lieut: Rowley and was stationed at Vanackers Fort while there was under the command of Col Hathorn, was in service three weeks
At the time of the Indian battle at Minisink which he thinks was the latter part July same year He started with Capt: Shepherd as soon as the alarm of Indians was heard, went to Minisink, got there too late, the battle was over and met our people on the retreat, stayed there a few days to receive the stragglers was absent one week
In the fall as he believes of the same year He went as a militia man under Capt Shepherd to Peenpacks found Major Poppino there in command, was in service two weeks
From want of recollection He cannot say that he is precisely accurate in dates and is somewhat at a loss respecting his officers on some occasions and of the different stations he was at in New Jersey Also at what particular time he was on duty on the East side the Hudson river but he thinks he cannot be mistaken in saying he served all the tours of duty above stated whether they were exactly in the routine stated or not That for three years he was much the greatest part of the time in the service either as a volunteer, under enlistments or as a substitute and the fourth and fifth year was out a good deal but not so much as in the former years

In answer to the interrogatories prescribed by the War department he says That he was born in what is now the Town of Warwick but at his birth it was part of the Town of Goshen, and according to his best information and belief on the 25 th day of December 1757 That the record of his age was burnt up with his fathers house
That he lived in the said Town of Warwick when called into service That he has lived in the same neighborhood ever since the war, and still resides there
That a part of the time he served as a Volunteer - part of the time in discharge of his own duty as a Militia man, and part of the time as a substitute for his brother Nathaniel Davis and for the Class composed of Wm Thompson Esq Richard Clark and others
That most of his services were in Col John Hathorns Regiment of Militia except the Northern Campaign in Col Dubois Regiment
That he never had but one written discharge which was destroyed after the war when his fathers house was burnt
He would refer the Court to Sam l S. Seward Daniel P. Phipps and James Wood enquirers and to D r Charles Cummins for his character as to veracity, and as to their belief of his services as a soldier of the revolution He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State That he had made a declaration

before the Judges of the September term of the Court of Common Pleas in this County in the year 1832 That from informality in the procedure or defect in his declaration or proofs he had never received a pension or a Certificate from the War Department That he now makes a new declaration accompanied with new proofs and waives all claims under the former application
Subscribed & sworn to in open Court this 28 th day of May 1834 before me
Benjamin his X Davis mark
Abel Williams Clerk

State of New York } County of Orange }
Benjamin Davis Having been duly sworn according to law in explanation of his former declaration Saith that Col Dubois met the company deponent was in at Albany (as he thinks) and went on with them and other soldiers to Schenectady where they remained a few days and then went on to Johnstown where Capt Gurno's Company halted and lay some months, the Col and the other troops after lodging there one night went on to Fort Stanwix as deponent understood at the time That after Capt Gurno's Company had been in Johnstown for several months Gov. Clinton came there and ordered them to go on with him to Fort Stanwix and when he got there Col Dubois was there as he thinks in Command That after lying in the Fort one night Capt Gurno's Company went up the river in the woods in pursuit of Indians Gov. Clinton and other troops with them where the party lay out one night and then returned to the Fort and in a day or two Capt Gurno's Company returned with Gov. Clinton to Johnstown where they remained until the beginning of winter when deponent's time of service expired
That he does not recollect ever having seen Col Dubois after leaving Fort Stanwix and does not know whether Capt Gurno's Company was attached to Col Dubois' regiment or not He only knows that when they marched from Albany to Johnstown Dubois was with them and appeared to take the command
Deponent thinks his name must be found on Capt Gurno's muster roll if it is on file in the Department as he certainly answered to it regularly for nine months, and as before stated received a written discharge which was afterwards destroyed by the burning of his Father's house In his declaration deponent mentioned Col Dubois in the supposition that Capt Gurno's Company may have belonged to his Regiment which supposition he obtained from Col Dubois appearing to take the command on the march and afterwards at the Fort but whether the company was or was not attached to Col Dubois' regiment deponent does not know
This Deponent believes that Capt William Blair was a Capt of Militia in Col John Hathor's regiment and not a Continental Officer That by an arrangement among the Captains of the regiment Capt Blair served for several months together to save the inconvenience of frequent changes And if Capt Blairs muster roll for the same season he served with him is in the War Department He thinks his name cannot fail to be on it or if it is not he cannot account for it as he is confident and positive of going from Warwick with him and serving six months in one continued tour of duty (As to the year he cannot be positive but believes it was in 1779) That he is confident his statement does not in any instance exceed the time of service That he was out on a number of alarms and short tours of duty that he did not attempt to state That his strong impression and belief is

that he served one month more at Minisink than is stated in his declaration And verily believes that he was at the least two years and a half in actual service during the revolutionary war That his mind is somewhat confused as to times and places in consequence of his memory having been much impaired by a very severe fit of sickness a few years since but he is confident and certain that he rendered more service than he can now recollect with sufficient certainty to state
Sworn to and subscribed by making his mark this 25 th July 1834 before me —
Benjamin his X Davis mark
Ino. Curtiss Comt. of Deeds
State of New York
County of Orange
Robert Ferr of the town of Warwick in said County to me known personally appeared before me and after being duly sworn according to law deposeth and saith That he has been intimately acquainted with Benjamin Davis ever since his boyhood, that they both resided in the same neighborhood before, during and since the Revolution and to this time That he this deponent saw the said Davis in the service in the fall of 1775 at King'sbridge where deponent was at the time in the service That afterwards this deponent was with said Davis in the service one month at Martins Creek Fort at Minisink That this deponent recollects said Davis being hired by a class of militia of which William Thompson and Richard Clark and some others composed said class for nine months That said Davis went off under said engagement under Capt. Gurno in the spring of the year and was gone until winter (the precise year deponent cannot say) That when he returned said Davis told deponent he had an honorable discharge from Capt Gurno but deponent does not remember whether he showed it to him or not Deponent afterwards understood said discharge was burned up in the house of said Davis father Deponent recollects the house being burnt Deponent recollects said Davis was much in the service That he served as a substitute for his brother Nathaniel Davis besides doing his own proportion of duty and the nine months for the class under Capt Gurno as aforesaid That said Davis is a few years older than Deponent and must be as old as he states in his declaration
Sworn to and subscribed the 24 th day of July 1834 before me —
J. S. 1834
Ino. Curtiss Comt. of Deeds

State of New York } County of Orange }
Daniel Gilbert of the Town of Warwick County and State aforesaid to me known personally appeared before me and after being duly sworn according to law deposeth and says That he was well acquainted with Capt William Blain That this Deponent served under him in the Revolutionary War That said Blain was a Captain of Militia in Col John Hathorn's Regiment and served as such for months together at Ramapo, Closter, Tappan Hackensack and other places in New Jersey and was not a Continental Officer That from some arrangement among the officers of Col Hathorn's Regiment Capt Blain served many months in succession at the places above stated as deponent supposes to save the inconvenience of too frequent changes of officers
Sworn to and subscribed by making his mark the 16 th August 1834 before me Ino. Curtin Com t of Deeds
his Daniel X Gilbert mark
State of New York } County of Orange }
William Pospisno of the Town of Warwick in said County after being sworn according to law saith That he was well acquainted with Capt William Blain during the Revolutionary War That the said Blain was a Captain of Militia in Col John Hathorn's Regiment and not a Continental Officer That this Deponent served under said Blain several different periods at different places in New Jersey That said Blain served most of the time for about two years That this Deponent when on leave of duty was out would leave said Blain at the encampments and when he would go again found him still on duty Deponent remembers having seen Benjamin Davis under his command and at different Stations cannot say how long said Davis served but remembers Davis was out a great deal and he thinks perhaps as much again as deponent Deponent remembers hearing at the time that Davis had gone on a nine months Campaign for the Class composed of Judge Thompson Richard Clark and others, this was after his services in Jersey, has no doubt he went, did not see him go but always understood he went From Deponent's own knowledge he believes said Davis served more than two years in the war, was well acquainted with him and knows he was out most of the time for three or four years
Sworn to and subscribed the 16 th day of August 1834 before me Ino. Curtin Com t of Deeds
William Pospisno

I certify that I have for thirty years past been well acquainted with Robert Kerr, Daniel Gilbert and William Poppino the foregoing Deponents that they have severally sustained reputable characters and are entitled to belief Florida August 16 th 1834
Ino. Curtin comt. of Deeds
State of New York Franklin County ss. I Asa Dunning Clerk of the said County do hereby certify that John Curtin Esq before whom the foregoing affidavits of Benjamin Davis Robert Kerr Daniel Gilbert & William Poppino were sworn was at the date of the same a Commissioner of Deeds in and for said County and that his signature subscribed to the said affidavits is his genuine signature
Witness my hand and Seal of Office This 18 th day of August 1834
Asa Dunning

112
P. O. Benjamin Davis Service: _____
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney; _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York Revolutionary Benjamin Davis Suspended - at to J. Curtice - Aug 25. '3
2702

12
Aug 21 st
Hon. J. L. Edwards Commissioner of Pensions Washington

Florida Orange County Aug. 11 th 1834
J. L. Edwards Esq.
Sir
After a good deal of delay I return the papers of Benjamin Davis with such explanations as I can obtain. The probability is that Capt Gurn's Company was not attached to Col Dubois' Regiment and perhaps no particular regiment at all as it was raised from the classes of the militia who had either one of them to go or furnish a man. There can be no doubt I think that Davis went, as his own statement is corroborated by Rich d Clark who was one of the class that hired him and Robert Pierce who lived at the time and still lives in his neighborhood. Also William Poffinro remembers distinctly of understanding at the time of the transaction that Davis went for that class. Davis was probably led to a mistake about the regiment by being under the command of Col Dubois on the march to Johnstown.
I think it must satisfactorily appear that Capt W m Blair was not a Continental Officer and that he must have served Stationarily at the several places in New Jersey only as a Militia Captain of Hathorn's Regiment and that Davis served under him as he states. I think there can be no doubt as several witnesses testify he served at different places South of the mountains under Blair but cannot say how long.
I observe the proof required by rule in Note (1) applies to continental troops only and it does not appear that Davis at any time belonged in fact to a continental line.
I hope the proof and explanations may be satisfactory as I have no doubt from the opinions of all his old contemporaries that he served more than two years.
I have enclosed all the explanation Mr. Freeman can give, that there was no such thing in practice at the time of giving Serjeants Warrants in his Regiment. You will please make the best of the case and enclose as soon as convenient their Certificates to me.
Respectfully Yours
Ino. Curtice

31.204
Benjamin Davis
J.
John Custice Esq. Florida County of Orange New York

WAR DEPARTMENT,
Pension Office,
June 5, 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 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 Benjamin Davis
   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.      
I am, respectfully,
Your obedient servant,
JAMES 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 List 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 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                      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 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 their declaration, and submit to the examination, before a Judge or Justice of a Court of Record of the 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.

Not on rolls of Col. Dubois regiment nor on the rolls of Capt. Blair's company

before me the 17 th day of October 1831
Marks
1804 1757 1776 76 57 1756 19
Saml S. Seward
First Judge of the courts of Orange County New York
State of New York
Orange County
Richard Clark being duly sworn saith That he is personally acquainted with Benf m Davis the above deponent That this deponent knows that he went on the Northern expedition above stated and this deponent saw him in the Militia service several times at Minisink and several times at the pass in the mountains south of Ramapo and in camp near Capt. Hoppers and further saith not
Richard his Clark Marks
Sworn to and subscribed
before me the 17 th day of
October 1831 Saml S. Seward first Judge of the courts of Orange Co New York

State of New York
County of Orange
Personally appeared before me David P. Edward first Judge of the Court of Common Pleas in the County of Orange Cap. Enoch Jackson to me personally known and after being duly sworn deposeth and saith that he has been acquainted with Benjamin Davis from his boyhood. That this deponent knows said Davis was often and much in the service of the United States during the Revolutionary War. This Deponent saw him at Minisink he thinks under the command of Cap. John  Stephen also at Ramapo does not know how long or under whose command and further saith not.
Enoch Jackson
Sworn to and subscribed before me David P. Edward first Judge of said County of Orange - Say as of 17 th day October 1831
Enoch Jackson is now deceased He died in February 1834 was highly respectable Ebenezer Com. Pleas

State of New York County of Orange } fr.
We, Charles Cummins, a clergyman residing in the congregation of Florida in the Town of Warwick County and State aforesaid, and Sam d S. Seward and James Wood, residing in the place aforesaid, hereby certify, that we are well acquainted with Benjamin Davis, who has made the above declaration — that we believe him to be seventy six years of age, that he sustains a good character for truth and veracity — 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 to and subscribed before me the 28 th day of May 1834 — }
Ino. Curtice Com d of Deeds
Charles Cummins Sam d S. Seward James Wood
I certify that Dr. Chas d Cummins is a clergyman and has resided more than 25 years in Florida in the Town of Warwick and that Sam d S. Seward and James Wood have for many years past been respectable magistrates in said County and that their certificate is entitled to full credit.
Ino. Curtice Com d 26

State of New York County of Orange } ss
Personally appeared before me the undersigned Commissioner of Deeds William Poppino to me known who being duly sworn according to Law saith That he is well acquainted with Benjamin Davis and has been since and before the commencement of the Revolutionary War That he saw said Davis in the service of the United States at Minisink several different times under the command of Capt. Shepherd That he saw him at Fort Montgomery, at Ramapo, in Camp near Capt. Hoppers, at Hackinsack and at the English Neighborhood Remembers of seeing him at three different times in service in New Jersey under different Captains Sometimes under the command of Major John Poppino and some times under Col John Hathorn Deponent recollects distinctly that said Davis was much in the service during the war Deponent remembers that said Davis was about one year younger than himself which will make him about seventy six years of age in his seventy seventh year That he has always sustained a good Character for truth & veracity
William Poppino
Sworn to and subscribed the 24 th day of May 1834 before me
Ino. Justice Comt. of Deeds
State of New York Orange County } ss
Richard Clark of the Town of Warwick in said County to me personally well known after being duly sworn according to law saith That he was personally acquainted with Benjamin Davis before and during the Revolutionary War and knows that said Davis was a great deal in the service during said War That Deponent saw him several times at different Stations at Minisink and several different times at the pass in the mountains South of Ramapo and once in Camp near Capt. Hoppers That in the year 1778 as Deponent believes a Class of which Deponent and Mr. Thompson Esq were members hired said Davis to go for their Class and that said Davis intisted under Captain Gurno and went on an expedition to the Northward and that he was gone nine months and after he returned said Davis told Deponent he had an honorable discharge but Deponent does not recollect seeing it That said Davis has resided all his life in the Town of Warwick and from the best recollection of Deponent said Davis is about seventy six or seventy seven years of age and has always sustained a good Character
Richard his Clark mark
Sworn to and subscribed before me the 24 th day of May 1834
Ino. Justice Comt. of Deeds

State of New York } County of Orange }
Daniel Pospisno Esq: to me known came personally before me and after being duly sworn according to law deponeth and saith that he has been acquainted with Benjamin Davis from his boyhood that they were school boys together - That he knows said Davis was often in the service of the United States during the revolutionary war That he remembers seeing said Davis in Camp at Poughkeepsie near Capt Hopper's and also at Minisink Stationed at Martinus Decker's Fort
That said Davis has always resided in the same neighborhood he now resides and that he has always sustained a good character That from his recollection said Davis was a little older than deponent which will make him about seventy six or seventy-seven years of age
Sworn to and subscribed by making his mark this 26 th day of May 1834 } before me
Daniel his Pospisno mark
Ino. Courtice Comt. of Deeds
I certify that I have been acquainted for many years past with William Pospisno, Richard Clark and Daniel Pospisno the foregoing deponents - That they have each sustained reputable character and their affidavits in my opinion are entitled to full credit and belief.
The said Richard Clark signed his affidavit by making his mark in consequence of almost total blindness and Daniel Pospisno Esq: who was for many years a highly respectable magistrate in this county signed his by making his mark in consequence of a violent affection in his hand nerves which incapacitated him to write
Ino. Courtice Comt. of Deeds

And the said Court do hereby declare their opinion after the investigation of the matter and after perusing the interrogations prescribed by the War Department that the above named applicant was a Revolutionary Soldier and served in the States. And the Court further certifies that it appears to them that Charles Cummings who has signed the preceding certificate is a clergyman residing in the Town of Warwick and that Samuel Seward and James Wood who have also signed the same are residents of the same Town are credible persons and that their Statement is entitled to credit. And further  Asa Dunning Clerk of said Court I certify that John Gratie Esquire before whom the foregoing affidavits of Charles Cummings Samuel Seward James Wood William Poppino Richard Clark and Daniel Poppino were sworn was at the date of the same a commissioner of Oaths in and for the County of Orange duly authorized to administer Oaths and that his Signature subscribed to the said affidavits is his genuine Signature and also I further certify that Samuel Seward Esquire before whom the annexed affidavits of Enoch Jackson and Richard Clark were sworn was at the date of the same first Judge of the Court of Common Pleas in and for the said County that his Signature subscribed to the said affidavits is his genuine Signature.
I Asa Dunning Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings in the matter of the application of Benjamin Davis for a pension
In Testimony whereof I have hereunto Set my hand and Seal of Office this 28 th day of May 1834 — Asa Dunning Clerk