Revolutionary War Pension and Bounty Land Warrant Application File R. 13,595, James Davis, Va.

SERVICE
NUMBER
Va.
Davis, James
R. 13,595
CONTENTS
Va. Half Pay.

Ann A Payton in Lieut James Davis Case
Reported 16 Sept 1857 -

The Deposition of Ann Payne aged eighty years who first being duly sworn according to law deposeth and sayeth that she was well and intimately acquainted with James Davis deceased, of Elizabeth City County who was a Lieutenant in the Virginia State Line in the time of the Revolutionary War. That the said James Davis was drowned from on board of a Pilot boat belonging to Mr. Robt Cowper sometime in the year of our Lord one thousand eight hundred and ninety five that he left at the time of his death one brother and two sisters named John and Polly and Elizabeth Davis. That Polly is since dead without issue and intestate. That John is also dead leaving six children, named Eliza, James, John, Samuel, Ann E. and Hannah Davis. That Eliza is since dead without issue and intestate. That James is also dead leaving one son William Davis. That Ann E. Davis intermarried with Joseph M. Brough. That Hannah Davis intermarried with Thomas Mansford. That Elizabeth Davis intermarried with William Brough both of which are dead leaving two children named Joseph M. and Eliza Brough. That Eliza Brough intermarried Joseph Repleton both of which are dead leaving two children named Robert and Helen Repleton. That John Davis aged forty three years residing in Norfolk City. Samuel Davis aged forty nine years residing in Norfolk County. Ann E. Brough who was Ann E. Davis aged forty six years residing in Norfolk City. Hannah Mansford who was Hannah Davis aged forty four years residing in Elizabeth City County. William Davis aged twenty one years residing in Williamsburg. Joseph M. Brough aged forty years residing in Norfolk City. Robert Repleton aged twenty one years residing

Widow Repiton aged eighteen years residence not known are The only heirs at law of the said James Davis who never resigned his Commission during the said War and that the deponant is not interested-
Sworn to and subscribed this 27 day of Sept r 1849-
(before me Fayette Jones J.P.)
Ann her Payne mark
Virginia, Elizabeth City County to wit:
I Samuel S. Howard, Clerk of the Court for the County and State aforesaid, do hereby certify that the foregoing is a true copy of an original paper on file in my Office - and I also certify that Fayette Jones before whom the foregoing affidavit purports to have been made is a Justice of the peace in and for said County legally authorized to administer oaths and that the signature purport- ing to be his is genuine -
In testimony whereof I have hereunto set my hand and affixed my seal of Office this 27 th day of October in the year 1849 -
S. S. Howard clk

✓ Mar 18/50 James Davis
July 18/50
Respecting the right of John Borum to prosecute the claim of the heirs of his grandfather James Davis for Revolutionary services —
Hon. R. Ewing Secretary — half pay, etc. Washington City
D. 6.
Comm. of Pensions Dept of the Interior July 26/50

Mathews County Court Terms February the 13 th 1850.
Honored Sir
In I take the privilege of addressing you with a few lines concerning the character of Capt. John Borum of Mathews County he has taking the administration of Capt. Thos. Morris Rec d for moneys due him for his services in the Revolutionary war it appears that some person have been writing to Washington stating that he has rec d moneys for James Davis a master tailender in the revolutionary war in the Navy line but it is not so. I have seen a letter from Richmond stating that nothing was due him for his services, that it had been already rec d by his order Capt. Thomas Morris and Mr. James Davis both of them was my grandfathers I am the old son of Capt. Thomas and had a title under the law to have taking the administration but not being able to give security, I give it up to Capt. John Borum as he was first otherwise by my parents to do this said business Capt. John Borum has giving security here satisfactory to the court, for his proceedings and as to my part I want nothing more than what is coming to me when it may please the house of congress order or grant payment whatever it may be and then I demand my part, and that only, previous to this Capt. Borum have had claims for other people in this county and they say that he never defrauded them out of their money and they have no fault to find of him
I remain your humble serv t , with due resp t
James Davis

NO 13595
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
James Davis
REJECTED
James Davis
Va Line
Revolution
Discharged _____, 18
3086
4/2 Pay — act '32
Received _____, 187
Attorney.

Jane Davis St. State Line
Oct. 5. July 1832
Reprinted 1851 and 6th Oct. 1852
Ellis & Combs at different times attempts in the Can.

Claim for half Pay under the Act 5 July 1832 -
St James Davis of the W. Regt
This Officer was Reported by the Board of Officers who sat at Louisville Ky. in August 1784 as having served & entitled to Land - from the proceedings of this board his service is clearly established.
The Copy of the proceedings of the Court of Elizabeth City County & the deposition of Ann Payne prove the identity of the Officer, his heirs - Power of Attorney from the administrator also enclosed.
Dec 72. 1849 R. Burgh

"B"
Dr James Davis

At a Court held for Elizabeth City County, September 27 th 1849
On the motion of Thomas Moore, who made oath according to law, and with Joseph N. Brough and Horatio Moore, who justified as to their sufficiency. his securities, entered into and acknowledged a bond in the penalty of four thousand dollars, conditioned according to law, certificate is granted him for obtaining letters of administration on the estate of James Davis dec d in due form.
H. West Teste G. G. Howard clk.
The Court doth order it to be certified, that upon the evidence of Ann Paym r , aged eighty years, an old and respectable lady well known to this Court, that it is satisfactorily proved that James Davis deceased for Elizabeth City County was a Lieutenant in the Virginia State line, that the said James Davis was drowned from on board of a Pilot Boat belonging to Mr. Roe Cooper sometime in the year of our Lord seventeen hundred and ninety five and that Joseph N. Brough, aged forty years, residing in the City of Norfolk, John Davis, aged forty three years, residing in the City of Norfolk, Samuel Davis, aged forty nine years, residing in the County of Norfolk, Ann E. Brough, aged forty six years, residing in the City of Norfolk, Hannah Hansford, aged forty four years, residing in the County of Elizabeth City, nephews and nieces, Robert Repiton, aged twenty one years, Helen Repiton, aged eighteen years, their residence unknown and William Davis, aged twenty one years, residing in Williamsburg are the only heirs at law now living, of the said James Davis.
On the motion of Thomas Moore by and with the consent of the heirs at law of James Davis dec d , of Elizabeth City County; Ordered that the estate of the said James Davis be committed for administration to Thomas Moore who with Joseph N. Brough and Horatio Moore his securities, entered into a bond in the penalty of four thousand dollars, conditioned as the law directs, and this administration is granted for the purpose of enabling the said administrator to receive the half pay due to the said James Davis for his Revolutionary services as a Lieutenant in the Virginia State line and so due under the act of Congress of July 8 th 1832.
Copies Teste G. G. Howard clk.
Virginia, Elizabeth City County to wit:
I, Samuel S. Howard, clerk of the Court for the County and State aforesaid, do hereby certify, that the foregoing are true transcripts from the records of my Office.
In testimony whereof I have hereunto set my hand and affixed my official seal This 1 st day of October in the year 1849
G. G. Howard clk.

Letter of G. W. of Clutter Esq. Acting Auditor of Virginia — filed in the Virginia Half Pay Case of Lieut. James Davis. " —
James M. of Wolfson Washington D.C.

Auditor's Office Richmond 14 th Sept 1853
Dear Sir
Your letter of the 6 th instant. is at hand.
You desire the names of the Lieutenants attached to the Companies of Captains Montgomery, Bowman, Helms, Harrod, Charlaville & McCarthy, who were attached to the Illinois Regiment, commanded by Col Clark.
Upon examination, I find in Capt Bowman's company, John Keller was Lieutenant. in Capt Charlaville's Comp 3, Joseph — Antyer, was Lieut y . in Capt Harrod's Comp 7, James Patten was Lieutenant. in Capt Richard McCarthy's Comp 3 of Volunteers. J B Sauerwein was Lieut y . and Capt Richard McCarthy's Company of Regulars. John Girault was Lieut. I do not find a Comp 7, commanded by Capt Montgomery, but find Ensign Thos Montgomery was in command of a Comp 7. I do not find a Comp 3 — under the command of Capt Helms.
Yours Respectfully G. W. Glutter, 1 st Clerk, & Acting Auditor
Isaac N. Coffin Esq Washington, D.C.

Power of "C" 1 The "Morse" Adm t of James Davis

Know all Men by these Presents, That we Thomas Moore Administrator of James Davis deceased
do hereby constitute, nominate and appoint Richard Burges of Washington City true and lawful Attorney to prosecute any claims to Land or Money that may be due from the State of Virginia and United States, or either, on account of the Revolutionary services of Lieutenant James Davis and to demand and receive from the proper Offices in Richmond and Washington, any Land Warrant or Warrants so due, and to sell and assign the same, or to surrender them at the General Land Office, in order to obtain Certificates of Scrip in lieu thereof, which he is authorised to receive, sell and assign. Or if said Warrants be already surrendered, then to demand and receive the Certificates, and to sell and assign the same. If no Scrip can be obtained, he is authorized to receive the Warrants which may have been surrendered, and to locate or sell the same, as he may think best. Said At- torney is also authorized to prosecute by suit or petition, and to demand and receive from the State of Virginia, and the United States. any Half-Pay or Commutation, and interest that may be due, particularly under the act of 5th July, 1832; and to substitute and appoint one or more Attorneys under him, with a general or special authority to do all he is permitted to do, and revoke the same at pleasure. hereby ratify and confirm whatever said Attorney or his Substitutes may lawfully do in the premises. As witness hand and seal this 31 st day of October 18 49
Thos Moore
COUNTY OF Norfolk STATE OF Virginia To-wit: This day, personally appeared before me, a Justice of the Peace for the said 6th
Thos Moore
subscriber to the foregoing Power of Attorney, and acknowledged the same to be his free act and deed. As witness my hand and seal, this 31 st day of October 18 49
A. N. Parker Jr

State of Virginia City of Norfolk ss:
I John Williams Clerk of the Hastings Court of the City of Nor- -folk aforesaid in the State of Virginia, do hereby certify that Nicholas W Parker Esquire who hath given the within certificate is a justice of the Peace in and for the said City, duly appointed and qualified. that full faith and credit are due to all his acts as such and that the signature "N W Parker" thereto subscribed is in his proper hand writing as I do verily believe. In Testimony whereof I have hereunto annexed the seal of the said Court and subscribed my name this thirty first day of October in the year of our Lord One thousand eight hundred and forty nine, and of the Com- -monwealth the twenty fourth.
Jno: Williams ss

Enclosing Power of Attorney, from the admr of St James Davis of the Illinois regiment to Isaac N. Leoffin of Washington City,
Filed 16 April 1852

Washington April 7 th 1852.
Sir:
I herewith transmit Power of Attorney from Thomas Moore of Norfolk Va., Administrator of the Estate of James Davis late of Hampton Elizabeth City County Virginia, said to be a Lieutenant in the Virginia Illinois Regiment in the Revolutionary War, — authorizing me to attend to the half pay claim of said James Davis and I respectfully request that said Power of Attorney be filed among the papers in relation to said claim.
I am With the Highest Respect Your Obed t Serv t Isaac N. Coffin.
James E. Heath Esq. Commissioner of Pensions Washington D.C.

Pension Office 18 Sept r 1851.
Sir
she asserts that Davis belonged to the Virginia state line but of this there is no satisfactory proof
The papers have been examined in the case of James Davis whose representatives claim half pay under the act of Congress of July 1832 for his services as Lieutenant in the Virginia state line of the Revolutionary war. There is no evidence to establish the claim not even in the Deposition the testimony of the Venerable Mrs Payne of Hampton who was well acquainted with many officers particularly of the Navy in  of the Revolutionary war belonging to the services Virginia. His Name The name of James Davis is not found on any of the Rolls except those of the Western Department where he appears as an officer of militia called out to defend that the Western frontier. For this service he appears to have received his portion of the land sometimes called the Illinois Grant, a tract of  land reserved in the Deed of Cession by Virginia of the N. W. Territory as a gratuity to the various Military Corps Regular, Militia & Volunteers who served under General Clarke. But that gratuity establishes no claim to the benefits of the act of Congress of 5 th July 1832.-

Washington June 15 th 1853.
Sir:
In the Virginia Half Pay case of Lieut. James Davis I show that he was in service after the passage of the Virginia Half Pay Act of May Session 1779 and therefore included within the provisions of that Act (and thus within the obligations assumed by the Act of July 5. 1832) as follows, and this letter I request be filed with the papers in the case.
In Collins History of Kentucky a Work in the Library of Congress at page 239 it is recorded that the First Expedition of all of Col. George A. Clark to conquer the Illinois Country that the force of the Expedition consisted "of only four companies." In Moreau's Mississippi a Work also in the Library of Congress page 415 it is recorded that "the only four companies" of that Expedition were commanded as follows, viz "Montgomery, Bowman, Helm and Harrod"; and each "man after the Indian custom, was armed with a rifle tomahawk and scalping knife. About the 24 th of June [1778] he commenced his voyage down the river, after communicating to his officers "the object and design of the expedition." The whole was conveyed. In same Work at page 420 it describes his 2 d Expedition and records that late in 1779 "Late in January following, Colonel Clark received intelligence that Colonel Hamilton was at Vincennes, with only eighty soldiers under his command, and was unsupported by savage allies, yet contemplating the reduction of the post at Kaskaskia in the Spring. To avoid the disagreeable

alternative of being captured and lead a prisoner to Detroit, he determined to make an energetic movement with such forces as he could raise, and anticipate his rival's designs by capturing Fort Sackville and sending Col. Hamilton a prisoner to the Capitol of Virginia. For this purpose, with great expedition, he prepared to meet a sudden and unexpected march to Vincenne, with his whole disposable force. This force increased by two companies raised in Kaskaskia and Cahokia, and such recruits as he could muster within ten days, amounted to only one hundred and seventy one men. Preparations for the expedition were made without delay; two companies were immediately raised and organized to re-inforce his command, one from Kaskaskia commanded by Captain Charlevoille , and one from Cahokia commanded by Captain McCarty . His force was thus increased to one hundred and seventy men. And page 429 as follows "Signed the article in the evening of the 24 th of February, and on the following day Colonel Clark at the head of two companies, entered the Fort victoriously."
Thus it is proved that the Captain of Col. Clarke's troops up to 24 th of Feb y 1779 were the Six Captains mentioned above viz Captain Montgomery Bowman Helm Warrod Charlevoille & McCarty.
Now who were the Lieutenants of these Companies. Answer, this is shown by the Letter to me of the Acting Auditor of Virginia dated 14 th Sept 1852, herewith enclosed, who states that "Upon examination I find "in Captain Bowman's Company Ab m Keller was Lieutenant:— "in Capt Charlevoille's Comp y Joseph Antyer was Lieut:— in

"Capt. Harrod's Company James Patten was Lieutenant: — "in Capt Richard M c Carty's Company of Regulars John Girault was Lieutenant. I do not find a company commanded by Capt. Montgomery, but find Ensign Tho s Montgomery in command of a Company. I do not find a company under the command of Capt. Helm."
Thus it is shown that Lieut. James Davis was not of either of those Companies, which were all there Companies there were up to 24 th February 1779, — without he was Lieutenant under Capt. Helm (Ensign Montgomery being in command of a Company would not command a Lieutenant as James Davis was, and so of course he was not an Officer of his Company,) — and we deny that it can be shown that he was in Capt. Helm's Company. He therefore went into service after the abovementioned 24 th of February 1779.
As the Honorable Board of Commissioners which sat in 1784 at Louisville Ky referred to in my former letter to you in this case Decided as Officially stated in their Report — "that all who engaged and enlisted in the Illinois Regiment afterwards and served during the War or three years are entitled to a share of the grant" and did Decide that Lieut James Davis was one of those entitled, as I have thus proved as above that he was not a Lieutenant in the six only Companies of the First and Second Expedition, — it follows that their admitting him to the grant was a Decision that he did "serve during the War or three years."
As he is thus demonstrated above

to have served three years, this three years must have been after at least the abovenamed 24 th of February 1779, the termination of the 2 d Expedition abovementioned and thus he could not have been a Supernumerary before the Act of Virginia of May Session 1779 and he is thus proved to be entitled under the Act of July 5. 1832. No power of sophistry can overturn this position and for the Government to attempt it would be Oppressive and Despotic in the Veriest Extreme.
I am With the Highest Respect Your Obed t Serv t Isaac N. Coffin.
L. P. Waldo Esq. Commissioner of Pensions Washington D. C.

Know all men by these presents that I Thomas Moore of Norfolk City in the State of Virginia as Administrator of the Estate of Lieutenant James Davis of Hampton Elizabeth City County of the State of Virginia, do hereby constitute, nominate and appoint Isaac N Coffin of Washington City in the District of Columbia my lawful Attorney, irrevocable, hereby revoking all former Powers of Attorney, to prosecute any claims to land or money that may be due from the State of Virginia and the United States, or either on account of the services of said James Davis as Lieutenant of the Illinios Regiment of the State of Virginia in the Revolutionary War and to demand and receive from the proper Offices in Richmond and Washington any land warrant or warrants so due, and to sell and assign the same or to surrender them at the General Land Office in order to obtain Certificates of scrip in lieu thereof, which he is authorized to receive sell and assign, or if said warrants be already surrendered, then to demand and receive the certificates and to sell and assign the same; if no scrip can be obtained he is authorized to receive the warrants which may have been surrendered and to locate or sell the same as he may think best. Said attorney is authorized to prosecute by suit or petition and to demand and receive from the State of Virginia, and the United States, any half pay or commutation and interest that may be due and particularly under the Act of 5 th July 1832 and to substitute and appoint one or more attorneys under him. And I hereby ratify and confirm whatever my said attorney or his substitutes may lawfully do in the premises.
As witness my hand and seal this 6 th day of

Know all men by these presents that I Thomas Moore of Norfolk City in the State of Virginia as Administrator of the Estate of Lieutenant James Davis of Hampton Elizabeth City County of the State of Virginia, do hereby constitute, nominate and appoint Isaac A Coffin of Washington City in the District of Columbia my lawful Attorney, irrevocable, hereby revoking all former Powers of Attorney, to prosecute any claims to land or money that may be due from the State of Virginia and the United States, or either on account of the services of said James Davis as Lieutenant of the Illinios Regiment of the State of Virginia in the Revolutionary War and to demand and receive from the proper Offices in Richmond and Washington any land warrant or warrants so due, and to sell and assign the same or to surrender them at the General Land Office in order to obtain Certificates of scrip in lieu thereof, which he is authorized to receive sell and assign, or if said warrants be already surrendered, then to demand and receive the certificates and to sell and assign the same; if no scrip can be obtained he is authorized to receive the warrants which may have been surrendered and to locate or sell the same as he may think best. Said attorney is authorized to prosecute by suit or petition and to demand and receive from the State of Virginia and the United States any half pay or commutation and interest that may be due and particularly under the Act of 5 th July 1832 and to substitute and appoint one or more attorneys under him. And I hereby ratify and confirm whatever my said attorney or his substitutes may lawfully do in the premises. As witness my hand and seal this 6 th day of

February Eighteen hundred and fifty two.
Signed sealed and delivered in presence of
Nathaniel Currier Wm Moore
State of Virginia
Norfolk City } to Wit. This day personally appeared before me a Justice of the Peace in and for said city, duly authorized by law to administer oaths, Thomas Moore subscriber to the foregoing Power of Attorney and acknowledged the same to be his free act and deed as Administrator on the Estate of James Davis mentioned in the foregoing Power of Attorney. As witness my hand and seal this 6th of February 1852.
State of Virginia, City of Norfolk sc: Wm G Camp JP
I John Williams Clerk of the Court of the Corporation of the City of Norfolk aforesaid, do hereby certify that William G Camp Esquire who has given the above certificate, is now and was on the day of the date thereof a Justice of the Peace in and for the said City duly appointed and qualified that he is authorized to take the acknowledgment of Deeds &c. that full faith and credit are due to all his acts as such - and that the signature "Wm G Camp" thereto subscribed is genuine as I do verily believe. In Testimony whereof I have hereunto annexed the seal of the said Court, and subscribed my name this third day of April 1852 in the 76th year of the Commonwealth Jno. Williams cc

Washington June 26 th 1852.
Sir:
As the Attorney of the Administrator in the case of Lieut. James Davis of the Illinois Regiment - claiming half pay under the Act of July 5. 1832, I have respectfully to request of you a reconsideration of the case, as in the pressure of business in your office, the following important facts have been overlooked.
In your letter of Sept: 18. 1851 it is stated that his name is not found "on any of the Rolls except those of the Western Department where he appears as an officer of the militia called out to defend that frontier." That for his "service he appears to have received his proportion of land sometimes called the Illinois grant a tract of 150,000 acres reserved in the Deed of Cession by Virginia of the N.W. Territory as a "gratuity to the various military corps, Regulars Militia & Volunteers who served under General Clarke. But that gratuity establishes no claim to the benefits of the Act of Congress of July 5. 1832." It is thus intimated that he was of the "Militia" and therefore not entitled to the benefits of the Act of July 5. 1832.
The name thus found by the Office "as an officer of militia called out to "defend that frontier" is contained in the book in your office entitled "Communications of Officers of the State of Virginia & General Government" at page 677. under the head of "A List of Militia Companies called out for the defence of the Western Frontier with the names of the Commissioned Officers the number of non-commissioned officers and privates and the names of the Counties from whence they were ordered." In this list the name is found of "James Davis Captain" of Militia from "Jefferson County." The person for whom I claim is not Captain James Davis of the Militia from Jefferson County - but another person entirely & totally different and is Lieutenant James Davis not of

the Militia but of the Illinois Regiment proper , of Elizabeth City County . That he was not of the Militia, but was in the words of the Act of July 5. 1832 "of the regiment of Col Clark " I proceed to show as follows.
1. A Board of Commissioners was appointed by the Act of Virginia of October Session 1783 Hening's Stat. Vol 11 page 335 in the words following. "An Act for surveying and apportioning the lands granted to the Illinois Regiment, and establishing a town within the said grant — 1. For locating and surveying the one hundred and fifty thousand acres of land granted by a resolution of assembly to Colonel George Rogers Clarke and the officers and soldiers who assisted in the reduction of the British posts in the Illinois; Be it enacted by the General Assembly, That William Fleming, John Edwards, John Campbell, Walker Daniel, gentlemen, and George Rogers Clarke, John Montgomery, Abraham Chaplin, John Bailey, Robert Todd and William Clarke, Officers in the Illinois Regiment, shall be, and they are hereby constituted a Board of Commissioners; and that they or a major part of them, shall settle and determine the claims to land under the said Resolution ." — "That the said commissioners in their apportionments of the said land, shall govern themselves by the allowances made by law to the officers and soldiers of the Continental Army."
2. In the Proceedings of the Commissioners for adjusting the claims of the Officers & soldiers of the Illinois Regiment to the lands given them under a Resolution of Jan'y 2. 1781 agreeably to an Act of Assembly passed 1784, a copy of which document I am informed is in the Pension Office, which copy however I have not seen, or if not there, is in the Treasury Department, it is Recorded as follows, "Louisville August 2. 1784 Commissioners met according to adjournment present Walker Daniel, George R Clarke, John Montgomery, John Bailey, Robert Todd & W m Clarke Gent. Commissioners, Ordered that the Board adjourns till tomorrow morning."
Signed W. Daniel Clk.

"August 3 d the board met according to adjournment, present the same members as "yesterday & also Ab. Chaplin Gent. On motion the board came to the following "Resolution - that all Officers and Soldiers who marched and continued in service "till the Reduction of the British Posts on the N. W. side of the Ohio, that all "who engaged and enlisted in the Illinois Regiment afterwards and served during the "war or three years are entitled to a share of the grant under the Resolution and Act "of Assembly and that those soldiers who have enlisted in said Regiment since the "2 d day of January for three years or during the war are not entitled, as there seems to be "no provision made under the Resolution for those who should thereafter be incorporated "in the said Regiment, that the officers of the Regiment are entitled to a share of the "land in proportion to the commission they respectively held on the second day of January "1781 and not in proportion to the commission they have since held in consequence of "promotion and that therefore Officers, commissioned since that period are not entitled "at all, and that those soldiers who enlisted to serve 12 months after their arrival at Kas- "-kaskia, agreeable to an Act of Assembly of the Fall Session 1778 for the protection and "defence of the Illinois Country who did not re-enlist in the Regiment are not included "in said Resolution, - that those officers who were commissioned under said Act and "resigned before the expiration of the twelve months are not entitled, but those who continued "during the year and then retired not having command are entitled - adjourned.
"August 4 th the same members as yesterday - the following claims were taken up and "allowed and disallowed as they are marked to wit, - among the list is Recorded as allowed "James Davis Lieut."
Thus the Honorable Board of Commissioners recognizing the command in the of law of their appointment "shall govern themselves by the allowances made by law "to the officers and soldiers of the continental army" which allowances required by Act a duration of service by Act of October 1779 "end of the present war" & by Act of May 1782 "three

"years" and announcing in their Recorded "Proceedings", these terms of the Law as the Rule governing them — setting in the year 178 1 , so very recent after the war as only one year, when every fact as to service was new and clear and the Board consisting of "Col Clark" himself and the most experienced Officers of the regiment of Col Clark, fresh from the field of honor and duty and under the responsibilities of Law, Solemnly Decided according to these Rules of "Proceedings" that James Davis Lieutenant did "engage" and enlist in the Illinois Regiment "and served during the war or three years" — and that he was not "commissioned since that period" 2 d of Jan y 1781, and that his commission was held on the second day of January 1781, and thereby in fact Officially and Authoritatively Decided that he was of — in the words of the Act of July 5. 1832 — "the regiment of Col Clark."
3. The Command of law to these Officers, distinguished for subordination one of the highest military principles, was, "shall settle and determine the claims to land under the said Resolution ." This "Resolution" which the Law prescribed for their guidance was in the words following "As Colonel George Rogers Clarke planned and executed the "secret" expedition by which the British posts were reduced, and was promised, if "the enterprise succeeded, a liberal gratuity in lands in that country, for the officers "and soldiers who first marched thither with him; that a quantity of land, not "exceeding 150,000 acres, should be allowed and granted to said officers and "soldiers, and the other officers and soldiers that have been since incorporated "into the said regiment." 4. The Honorable Board of Commissioners specially  avow in their "Proceedings" their being guided by this Resolution as follows: their acts are Recorded as "Proceedings of the Commissioners for adjusting the "claims of the Officers & Soldiers of the Illinois Regiment to the lands given them

"under a Resolution of Jan y 2. 1781" — and the Resolution is afterwards mentioned twice and its words quoted. And although the Law appointing them required "that the said Commissioners in their apportionments of the said land, shall govern themselves by the allowances made by law to the officers and soldiers of the continental army ", and that the limited quantity of 150,000 acres granted, their rights suffered , as on a division of it they only received as follows — a Brig d Gen l 7500 acres — a Lt Col 4,500 — a Major 4000 — a Capt. 3000 — & a subaltern 3000 whereas the "Officers" of the Continental army received as follows — a Brig d Gen l 10,000 — a Lt. Col. 6000, — a Major 5333, — a Capt. 4000 — & a subaltern 2666.
5 th In addition to their solemn duty to the State — they had the super-added motive (their rights having suffered enough already) — it was their deepest interest to exclude all not of "the regiment of Col Clarke." Acting under these responsibilities they decide — and under the circumstances it would have been a gross violation and dereliction of the most obvious duty and a grievous wrong to all to whom the Legislature had granted the land to have allowed any militiaman whatever, any portion of the land.
6 th The common & plain meaning of the words. If Officers and soldiers are not only incorporated with but " incorporated into " — the words being as strong as language can express them, they are in fact and in truth in the words of the Act of July 5. 1832 — " the regiment of Col Clark ." It could not be a just answer to the command of the Law of July 5. 1832 to say to an applicant you were not of "the regiment of Col Clark" you were only incorporated into "the regiment of Col Clark ." The Office will perceive at once that the 150,000 acres was granted not to the various military corps Regular, Militia & Volunteers who served under

General Clarke as that would include Brockett's Regiment, & an inspection of the Proceedings will show that it was graduated to make first but only to the particular & sole Regiment which was called "the Regiment of Col Clarke", being the first Regiment raised for Illinois service, and Clarke is allowed land as General because the Act of Sept. 1832 requires, shall be allowed to the "now General". Thus did the Honorable Board of Commissioners consisting of the "Clark" mentioned in the Act of July 5. 1832, and his Officers, Decide, and 7 th who could know so well as they who were "the regiment of Col Clarke" or 8 th who had so perfect a right to Decide being specially created by law to Decide this fact.
As the Honorable Board of Commissioners positively announce who are entitled as follows — "that all who engaged and enlisted in "the Illinois Regiment afterwards, and served during the war or three years are entitled to a share of the grant under the Resolution" thus positively excluding all Militia who were always raised and served for a very limited term very far short of the three years thus required — and even went to the extreme rigidity of excluding those "who have enlisted in said Regiment since the 2 d day of January 1781 and served from thence during the war — that is, served from thence until the 26 th of June 1783 when Gen l Clarke's troops were disbanded — and they served the long period of two years and seven months — it is self evident under these facts that not one militiaman was admitted as entitled.
As it is thus shown by the Proceedings of the Board of Commissioners that Lieut. James Davis served "during the war or three years" and as it is shown by said Proceedings that he "held" his "commission" in 1781 which was the year of the decisive battle of York and the same year in which the facts occurred mentioned by Judge Coalter in his Decision in the case of Captain Lilly Leigh's Reports 1. Vol 5. 25 th page, as follows "At this time [1781] we had nothing to fear until Great Britain should fit out a new armament against us. This was not expected; inasmuch as Sir Guy

"Carleton very soon after that event, notified us that a commission had gone to Paris, authorized to negotiate a general Peace on the basis of American Independence." He having served therefore until American Independence was admitted, - initiatory steps of Peace actually commenced and thus the speedy termination of the war strongly in view , it is strong presumptive evidence that he having served so long did not resign as he had a very great interest not to resign which act would forfeit his half pay. The following Decision of the highest Authority to wit the Supreme Court of the United States, shows that this presumptive evidence should be received viz "Whenever evidence is offered to the jury which is in its nature prima facie proof or presumptive proof, its character as such ought not to be disregarded: and no Court has a right to direct the jury to disregard it." Crane vs Morris Lepse Pet. Rep. 6 Vol page 598. "Prima facie evidence of a fact is such evidence as in judgement of law is sufficient to establish the fact; and if not rebutted, remains sufficient for the purpose. The jury are bound to consider it in that light; unless they are invested with authority to disregard the rules of evidence, by which the liberty and estate of every citizen are guarded and supported. No judge would hesitate to set aside their verdict and grant a new trial, if, under such circumstances, without any rebutting evidence, they disregard it. It would be error on their part which would require the remedial interposition of the Court. In a legal sense, then, such prima facie evidence, in the absence of all controlling evidence or discrediting circumstances, becomes conclusive of the fact; that is, it should operate on the minds of the jury as decisive to found their verdict as to the fact. Such are understood to be the clear principles of law on the subject." Kelly vs Jackson et al 6 Vol Peters Reports, p 622.
In addition to this is 2 d the fact that he comes as much within the words of the Decision of the Board of Commissioners " During the War " as he does the words " three years ."

And 3 d to the two last circumstances is added the fact of M rs Payne's testimony who it is admitted by your letter of 18 th Sept r 1851 was "well acquainted with many officers belonging to Virginia" who swears she was "well and intimately acquainted with him" and "that he never resigned his commission." As he never resigned his commission he is entitled to half pay, which is all we are claiming, and therefore I appeal to your sense of justice that by the rules of the decision of half pay cases, he ought to be admitted.
I am,
Very Respectfully
Your Obed t Serv t
Isaac N. Coffin
James O'Heath Esq. Commissioner of Pensions Washington D.C.