Revolutionary War Pension and Bounty Land Warrant Application File S. 37,878, Samuel Davis, Va.

SERVICE
NUMBER
Va
Davis, Samuel
S. 37,878
Born in Penn.
CONTENTS

Kentucky 26/781
Samuel Davis Henry Co in the State of Kentucky was a private in the com commanded Captain Riddle of the regt commanded in the Va
for 2 years
Inscribed on the Roll of Kentucky at the rate of 80 Dollars & Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of May 1834 and Samuel Davis Pension 16.00
Arrears to the 4th of March 240.00 Sem-ans. allowance ending Sept 40.00 $280.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. A. G. G. Clerk, Book 6 Vol. 7 Page 30

Samuel Davis 29. Dec 3
Rev. Claim
Berryman to Johnson
Hon. R. M. Johnson H.R.

Two expeditions sent against them upon the first of which 1780 their corn was destroyed in its green state and upon the second it was destroyed when dry which took place he thinks in 1782 both which events brought great distress upon the Indians - He states that he was kept by the Indians as a prisoner for about three years for it was not until the month of June 1783 that he was purchased through the agency of his brother John Davis from them and carried to the British Post at Detroit which place he reached about the 20 th of that month - He states that he was then set at liberty and remained in that country until the year 1785 for the purpose of procuring the liberty of his sister who had been taken prisoner at the same time that he was which object he effected and then returned to Kentucky.
He states that he served in the fort at Riddles Station upon his said engagement actively and actually from the period of his entry upon it about the 1 st January 1780 till he was captured as above set forth and that he remained as a prisoner amongst the Indians until sometime in June 1783 and for their services and sufferings he claims a pension.
He states that he has no documentary evidence and that he knows of no person living whose testimony he can procure who can testify to his service.
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.
Sworn to and subscribed the day & year aforesaid.
Samuel Davis
Interrogatories put to the above named applicant by the said Justice
1 st Where and in what year were you born?
Answer I was born in Pennsylvania in the year 1765
2 o Have you any record of your age; and if so where is it?
Answer - I have none - it has been destroyed
3 o Where were you living when called into service. Where have you lived since the Revolutionary War, and where do you now live?
Answer I was living at Riddles Station in Ky. when I entered the service.

and after I was released from my captivity with the Indians, I remained at Detroit until I procured the release of my sister who was a prisoner with them which I effected in 1785 and then I returned to Kentucky and went to Danville in the present county of Mercer in the neighbourhood of which I settled and continued to live until the after the death of my wife and I broke up housekeeping and have been living amongst my children for 5 years past some of whom live in Mercer county some in Todd county & some in Wayne county Ky. Where I have spent the last Eighteen Months.
4th How were you called into service; were you drafted, did you volunteer or were you a substitute? and if a substitute for whom?
Answer - I was a volunteer.
5th State the names of some of the regular officers who were with the troops where you served such Continental & militia regiments as you can recollect and the general circumstances of your service.
Answer - There was no officer of higher grade than Captain with the troops where I served and he was not a regular officer I believe - there was no Continental or militia regiments with the at the place of my service - I volunteered under Captain Riddle for six months service and was kept by him at the fort at Riddley Station as a part of the garrison of that place and served as a private soldier accordingly until the fort was surrendered to the Indians, British & Canadians in June 1780 and I was then carried by the Indians into captivity and remained a prisoner with them until sometime in June 1783 and was then purchased of them carried to Detroit and liberated.
6th Did you ever receive a discharge from the service and if so by whom was it given and what has become of it?
Answer - I never did.
7th State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier of the revolution.

Answer - I Will name Will: Peck and Kanard Younger Sworn to and subscribed the day & year aforesaid
Damrell Davis
We Will: Peck - a clergyman residing in Henry County Ky and Kanard Younger residing in the same county & state hereby certify that we are well acquainted with Damrell Davis, who has subscribed and sworn to the above declaration that we believe him to be 68 years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. Sworn to and subscribed the day and year aforesaid
Kanard Younger William Peck
And I the said William McCrackin Justice of the peace and one of the Justices of the Henry County Court as aforesaid hereby declare my opinion after the investigation of the matter and after putting the interrogatories prescribed by the War depart- ment that the above named applicant was a revolutionary soldier and served as he states. And I further certify that William Peck who has subscribed & sworn to the preceding certificate is a clergyman resident in the said county of Henry Ky. and that Kanard Younger who has also signed the same is a cred- ible person and a resident of the same county & state and that their statements are entitled to credit: And I also further certify that from the distance at which the said applicant resides from the Court house combined with his infirmity of body he cannot attend the proper court to make his declaration - Given under my hand this 5th day of February 1834
William McCrackin J.P.

State of Kentucky Henry County Feb. 21 st .
I Edmund P. Thomas clerk of the court of Henry County Kentucky hereby certify that William McBracken whose name is subscribed to preceding certificate was at the date thereof and still is a Justice of the Peace in and for said County and one of the Justices of the court of which I am clerk and the foregoing signature purporting to be his is genuine. And I further certify that the foregoing were this day presented to me in my office by said Justice as the original proceedings in the matter of the application of Samuel Davis for a pension.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 21 st day of Feby 1834
Edm P. Thomas
Clerk of the court of Henry County

29. 833
Samuel Davis. Kentucky.
j
Mr. Berryman
for 1780 for 2 yrs $80.
Hon. R. M. Johnson N. R.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel 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.     1780 6 P. Capt Riddle 68 Traditionary   Taken a prisoner by the Indians. John Conway of Nicholas Co. Ken. who was alleged to have been taken a prisoner, at Riddle's Kent, can no doubt substantiate the applicant's statement. His affidavit should be procured. Hon T. A. Marshall is acquainted with his residence.  
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 Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Coke mo.
37 878
Oct. 16-1901 Miss Elizabeth H.B. Kirksville
Rev INVALID.
File No. 37 878
Sammuel Davis
Rev Rev Rev
Act: 18 th March 18 th
Lex: — Vol. 2 , Page 132
[Arrangement of 1870.]

Frankfort Ky. May 15 th 1834
Sir You will find enclosed the case of Sam d Davis with the proof required by the department the case having been returned sometime ago for proof - I am here attending court as a witness & as it is convenient send the case on from this place and wish that the certificate may be directed to me at Covington -
Yours truly Thos A. Burroughman

Nicholas County Ky Set
On this 2 nd day of May 1834. personally appeared before me John McClintock a justice of the peace in and for Nicholas County, John Conway aged seventy five years, who being duly sworn according to law, and states on oath that he and Samuel Davis were living in Capt. Isaac Rudells Station on the South fork of Licking River when it was taken by the British and Indians in June 24. th 1780 and he and the said Davis were taken prisoners and Marched on the way to Detroit and he the said Conway was taken on to Detroit and the said Davis being detained by the Indians in some of their towns until sometime in the winter of 1783 at which time he the said Conway saw him in Detroit after he the said Davis was liberated by the British and Indians, and further this deponent saith not, Signed and sworn to this day and year above written
John Conway
I John McClintock before whom the above deposition was taken do certify that John Conway is a Resident of Nicholas County, & is a Respectable person and his statements are entitled to due credit.
John McClintock J. P. S. C.

State of Kentucky } Nicholas County } ss.
I J. G. War R. Clerk of the Court of Nicholas County, certify that John McClintock, before whom the within Deposition of John Conway was taken, is a Magistrate, as therein stated, and that the signature thereto purporting to be his, is genuine. In testimony whereof I have hereunto affixed my seal of Office and subscribed my name this 2 d day of May in the year 1834. J. G. War R. clerk of the Court of Nicholas County