Revolutionary War Pension and Bounty Land Warrant Application File S. 37,880, John Davis, S.C.

SERVICE
NUMBER _____
Davis, John
$ 37,880
CONTENTS

15.253
Alabama Territory
John Davis
of Mobile County in the Territory state of Alabama who was a private in the regiment commanded by Colonel Marion of the South Carolina line, for the term of three years.
scribed on the Roll of Alabama Territory the rate of 8 Dollars per month, to commence on 15 th of Feb y 1819.
Certificate of Pension issued the 29 th of Sept r 1819 and sent to the Pensioner, at, Blakely, Alab a T.T.
Arrears to 4th of Sept r 1819 bmd 14/28. 1/30 53.06 Semi-anl. all ce ending 1 st March 1820 48.00
$101:06
{ Revolutionary claim, } { Act 18th March, 1818. }
Dixon Francis
Special Letter sent 25 May 1822, to Stephen at Blakely, Alab a Attorney Genl l of Alabama sent a letter 4 Sept r 1822 Delahay, Stephen, Mobile Sept 5 1852

15 th Feb y 1819
John Davis, Mobile Ch th Heub t Fests Ent d (no date) in 2 d Alabama Reg t on Cont t Est t & served for 9 Months, V z to 28 th Sept r 1780
The precise date of enlist- ment is required.
Wanting the judges certif- icate of the reduced circum- stances of the applicant & Having  Testimony that he is in need of his country's as- sistance for support.
The Clerk's certificate and seal of the court required.
24 May 1819 on role

Territory of Alabama
DISTRICT OF
, 88.
On this 15 th day of February 1819 , before me the subscriber, one of the Judges of the Alabama Territory for the said district, personally appeared John Davis aged sixty years, resident in Mobile county in the said district  Territory , who being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he, the said John Davis enlisted in Charleston in the state of South Carolina in the company commanded by Captain James McDonald of the Second South Carolinian regiment on the Continental establishment. On the 18 th July 1775 he was discharged on the 18 th July 1778; that he continued to serve in the said corps, or in the service of the United States until the 2 nd of Sept r 1780, when he was discharged from service  disabled from active service by a wound but continued in the discharge of occasional military services till the end of the war, that he was in the battles of Fort Moultrie 28 th June 1776, on the repulse of the enemy at Charleston 1779, at Savannah on the 9 th Oct r 1779, - in the siege of Charleston in May 1780 and in several other of his services and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services, excepting that which is in the War office & on which he has no pension. Sworn to and declared before me, the day and year aforesaid.
J. Davis
I, Harry Toulmin Judge, &c. as aforesaid, do certify, that it appears to my satisfaction, that the said John Davis did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of five years  nine months , on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress.
15 th February 1819 Harry Toulmin

I John Davis late a pensioner on the roll of Virginia but now transfer- red to that of the Alabama Territory do, (in order to entitle me to the provisions of the act "To provide for certain persons engaged in the land & naval service of the U. States in the revolutionary army") hereby relinquish my claim to every pension heretofore allowed me by the laws of the United States.
J. Davis
Witness
Harry Toulmin
I hereby certify that I believe the said John Davis to be in reduced cir- cumstances and that he stands in need of the assistance of his country for support.
Harry Toulmin
22 d June 1819

State of Alabama Baldwin County, To wit, on this fifteenth day of November 1820 came into open Court its being a Circuit Court for said County and constituted a Court of Record according to an act passed in the S. State 1820 having the Power to Try & Determine all suits of Petty and have the Power of fine and Imprisonment John Davis of the age of Sixty three years and Resident from his youth in the United States and for the last Eight years in the County of Mobile of the above State in that Part of which is now Baldwin County, who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary war (Viz), that he did on fifteenth of July to the best of his knowledge 1775 enlist himself in the Second Regiment of Infantry Commanded by Col. Wm. Moultrie and in the Company of Capt. James M c Donald for the term of three years that he was discharged in July 1778 and volunteered on Board the united States Troop of war for South Carolina where he served till Oct r of the same year and on his Return to Charleston him listed in the S d Second Reg t of Infantry on Continental Establishment in the Comp y of Col t William Charles at that time Commanded by Lieut. Col. Comm d M c Manus afterward Gen l Marion as a Sergeant for during the war and that he served in that Station till the Battle of Oct 1779 at which time he was promoted to the office of Quarter Master Sergeant, on the mortal wound the former Q tr Master Sergeant at on that day at the Repulse of the American Troops at Savannah in Georgia and that he served in that Capacity till Ap r 1780 when new appointed Quarter Master in Place of the Quarter Master Resignation which duty he performed till the 12 th of May same year when Charleston fell into the hands of the Enemy by Capitulation in conse- quence of its having no Corn for the Trade Poor Prisoners but by some address made his Escape from Prison and joined Gen l Marion in the Month of August

on Red Bank, and he in Col. Marion's Brigade at Chap p and served with him til the 28 th Sep r 1780 in an action at Blackmingo in South Carolina received a wound in the Knee by which wound he is Red d Int ly unable to get any sort of Livelyhood by Labor that day. The time of the war he was engaged in nearly all the Memorable Battles in the Southern Section of the States and thereunto Reference the Character of the Second Reg t of S.C. it will appear obvious that he has seen Considerable since the Battle of Monmouth was the Battle of Fort Moultrie the Repulse of Savannah Storm & the Siege of Charleston that he has been Engagements and suffered four times and Rec d five wounds that he Rec d a Pension by a Certificate from Genl. Marion & Major Wardlaw in Charleston from that time from Oct r 1784- till 1793 at which time there passed an act for Continental Pensions to be paid by the united States that he Rec d a Certificate agreeable to the law of 1818 No 15233 that he was Paid at the rate till the fourth Sep r 1820 and not since he further Swears that he was a Resident Citizen of the united States on the Capt ure of March 1818 and that he has not since that time by Gift Sale in any other Manner disposed of his Property or any part thereof with intent to diminish the same to bring himself within the Provisions of an act of Congress Intitled an act to Provide for certain Persons Engaged in the Land and Naval Service of the united States in the Revolutionary war Passed the 18 th March 1818 and that has not nor has any Person in trust for him any Property Securities Contracts Debts Due nor has he any Income other than what is contained in the schedule hereunto annexed and by him subscribed that is to say the sum of a Pension of about thirty dollars for during the life of himself for that time of two hundred fifty five vacant lots in the town of Berkeley on Wadmalaw Island Dollars that he has a Debt Due him in South Carolina of about three thousand

But from his situation the disadvantage the Law of their State and other circumstances he calculates nothing on it he has no family but lives on the country of a son in law who married his daughter he has no house but when able to attend to it was Residence a first Rate Plantation but from his disposition state he is unable to attend that Business nor has he any other way of procuring a living without the aid of his Country.
J Davis
Sworn to & declared, on the 3 16 th day of November 1821. before me R Safford in Open Court one of the Judges of the Circuit Court of Alabama
I William Coolidge Clerk of the Circuit Courts for the County of the  Baldwin State of Alabama, do hereby certify, that the fore- going Oath and the Schedule thereto annexed, are truly copied from the Record of the said Court; and I do further Certify that it is the opinion of the said Court that the total amount in money of the property enumerated in the aforesaid Schedule (to wit the interest of the negro Boy for the life of the said John Davis, and the three Town lots) is Four hundred & twenty dollars.
In testimony whereof I have hereunto set my hand and affixed my private seal there being no official seal for this county This 17 th Nov. 1821. William Coolidge, Clerk. (Seal)

State of Alabama
I Ruben Gafford one of the Judges of the Circuit Courts for the state of Alabama prisoner in the County of Baldwin in said state do hereby certify that William Covledge who hath signed the foregoing certificate is Clerk of the said Circuit Court of Baldwin County and that full faith & credit is & ought to be given to his attestation as such Given under my hand this 17 th Nov 1821.
Ruben Gafford (Seal)
Fees of Office to the Clerk. Recording $1.00 Certificate of } 0.50 do } 0.50 $2.00

Declaration of Catharine A. Byrne for arrears of Pension Due John Davis a Soldier in the Revolution
Presented by Delilah Hopkins Webb Mobile Ala

State of Alabama } Baldwin County } ss
Catharine R Byrne being duly sworn deposeth and say that she is the only child and heir at law of the late John Davis dec'd who was a soldier in the Revolutionary War, and who was entitled to a pension from a account received in said War, That her said Father died at the County and State aforesaid on the Sixth day of July in the year of our Lord one thousand eight hundred and twenty, Two, She makes this Declaration in order to obtain whatever unclaimed or arrearage of Pension that she may be entitled to under the laws of the United States, Affiant would further state that her name before her intermarriage was Catharine R Davis, and that her said Father left no widow, or heir at law except this affiant, she therefore asks that a certificate for arrearage of Pension may issue to her in the right of said Deceased, upon inspection of the proofs herewith, and that the Commission- er of Pension will advise Delahay Hopkin- =ns & Hale of Mobile Alabama, of the action of the Pension Office in the premises & further affiant saith not,
C. R. Byrne
State of Alabama } Baldwin County } ss Subscribed & sworn to before me C. W. Wilkins Clerk of the Circuit Court for said County & State and I further Certify that I am well and personally acquainted with Catharine R Byrne

whose Genuine signature appears to the foregoing Declaration and that I believe her to be the only heir at law of said John Davis Dec d and that she is a resident of said County and State and has been for many years and that her statements are worthy of all credit. In Testimony whereof I have hereunto set my hand and caused the seal of our said Court to be hereunto affixed this thirty first day of August A D 1854 Done at Blakely in said County of State
Attest C. W. Wilkins Clerk

37880
Rev INVALID.
Am
File No. 37880
John Davis Rev Rev was
Act: 18 th March 18 th
Index: — Vol. 2 , Page 122
[Arrangement of 1870.]

FREE
Hon L. G. Waldo Commissioner of Pensions Washington D.C.
[Faint, illegible scribble or mark]

John Davis
Sta at 18 m 1818
Mr J. Hale
FREE
Amos Wilson & Andrew Washington 26

Affidavit of Wm G Vastinder In the matter of Catharine R Byrne Claim for Arearage of Revolution -ary Pension Due John Dains Sec d
Presented by Delahay Hopkins Hale Mobile Ala

State of Alabama Baldwin County } ss
Personally appeared before the undersigned Charles W. Wilkins Clerk of the Circuit Court of Baldwin County State of Alabama. William G. Vastbinder who being duly sworn according to law says, That he was well and intimately ac- =quainted with John Davis deceased late of said County and State, and that said John Davis was reported to have been a soldier in the Revolutionary War, and which was true as affiant believes from the fact that said Davis was a truthful man & frequently made mention of his services in said War, That said Davis departed this life on or about the sixth day of July in the year of our Lord one Thousand Eight hundred and twenty two and affiant fur- =ther states that said John Davis left but one child Catherine A Byrne, who intermarried with Patrick Byrne which said child is now living in said County and State, The said John Davis left no widow at his death, Affiant is sixty six years of age and has been (and now is) a resident of said County and State for the last forty years, he further states that he is not interested or in any manner concerned in the arrearage of Pension which the said Catherine claims to be due her, as the only child & heir at Law of said John Davis
Wm G Vastbinder State of Alabama } Baldwin County } ss Be it Remembered

That before me this day, William G. Vast- -binder (to me well known), came and subscribed the foregoing affidavit and was by me sworn to the truth of the same in due form of law and I further certify that the said Wm. G. Vastbinder is a credi- -ble witness and worthy of credit as a sworn witness or otherwise and I further certify that I believe him to be of the age stated by him in his affidavit and I further certify that his signature is genuine & that I am not concerned or interested in the subject matter to which the foregoing affidavit relates, and I further certify that the said Catharine A. Byrne is the only child of her father of the said John Davis deceased, and that the said John Davis at the time of his life leaving no widow or other child as I have been informed & hereby believe & that the said Catharine A. Byrne is now living.
In Testimony Whereof I have hereunto set my hand and and caused to be affixed hereto the seal of my said office Witness Charles W. Wilkins Clerk of the said Circuit Court at Blakely this thirty first day of August A.D. 1834 Albert C. W. Wilkins. Clerk

Alabama 42
Rec. 20 Feb. 1822
The Hon. John Calhorne
Secretary of war of the united states
City of Washington 22
Mr. Calhorne
Calhorne

State of Alabama Baldwin County Jan. 23. 1842 Sir
I some time since snowballed you with a Letter Respecting the many obstacles thrown in the way of my obtaining my Pension I have just got out of the Clerks Hand who by a severe fit of sickness has not been able before now to have it Recd I am sincerely sorry to give you so much trouble but such Embarrassments as has attended my Receiving my Pension which I have all ways thought my Due Must Please my Exence. I endeavored by Every means Pointed by Law to bring my Document before you in as correct a manner as was within the Compass of my comprehension but I at all times some fatal Error tends to defeat my Purpose. I sent several Powers of Attorney to Hunt with the Ex. Papi in the year 1820 he Paid no regard to any of them I then took a journey there of four hundred miles to see him Paid me according to my late Certificate and then made some objection as I was mentioned as a Bona fide and he the Ex. Papi saw me when I was in a higher Station, and started some doubt whether the Certificate I had was not designed for some other John Davis that from his knowledge of my being a soldier of some character that I should not have made a Retrograde movement in the army of the united states I then showed him a Certificate of my Transfer from the Ordnance office in Richmond, Va, to that office he was then the Ordnance Recognized and paid me the your half years Pension agreeable to my Certificate I then made a demand of six months Pension for from 4 th Sept. 1818 to 15 th Feb. 1819 this he refused to pay as he said he had no instruction from the war office But that he was I then Remonstrated with him on the improbability of his not attending to my Power of attorney to Receive my Pension with out my coming that distance at such Expense, he Pleaded the Secretary of wars orders to that Effect; he has not yet Paid the said half years Pension, aludied to, in your letter to me of June 1820 has been shown to him wherein you state that that day he was in the particular on my behalf, how he can Reconcile hims after such Conduct, as I saw him on the 5 th of Sept. 1820 and your letter to me was dated June 1820, three months before, the next Cause I have of Complaint is that the Document Presented in Feb y , at a County Court and there in a qualified in open Court, when sent on to the war office, they were Returned with the simple word in formal wrote on the back, have one of the Clerks in the Pension office, Pointed out the informality it would have been easy to Rectify it, but as it was it Puzzled Judges & afforded to find out the informality How Ever after a considerable study, he said he was to have particular informality that should in my case be an objection as I was an old Pensioner that there been an error

very Good Opportunity it should have been done that the same might not be Repeated in future it will be answered that we had a schedule of the law before us but Good God is Every old Invalid Soldier of 76 to have the knowledge of the Pitch black Expressions of Law with Attorney Genl. of the United States, Necessity has obliged me to write my own Statement I suppose a Law to write it for me in Law form his Demands for that Service was ten Dollars he might as well have asked me ten thousands as I had not one Dollar to save my soul. I served my Coun- try as a willing active Subordinate Soldier I spent a handsome Property in the Service in Fla- of which I Recd five wounds in my youth and Contempt in my old Days such is my fate they have Left me the alternative Either to beg or from Stearns Bearly have a state living already, I could procure a living by what Learning I have but my Invalided won't admit of my going about in any way but on horse back or in a Cart, I have the Dignity to the President of the United States stating my situation begging of him if not derogatory to his station to make my Case known to the Post Master Genl. to Grant me the post office at Mobile I can the poor give the best security that may be required and those men of independent property Real & Personal the man who is now Post Master here and has been there Eight years is Likewise Collector of the Port of Mobile and has become Rich by their double fees of office he has no family and can easily live without the least lucration one, Could you or your God help Concur to assist me in the measure you will confer a lasting obligation on a Disrespected old soldier and I shall Ever in Gratitude acknowledge your having the duties of the post office I am well acquainted with as I had that office in Virginia Several years previous to my coming to this Country, you will please excuse the length of this letter I enclose another schedule of my situation whether it suits the approbation of the officers concerned or not, but between attend Court & post office there is one half of it mortgaged before I got it I am ever with all Due Respect and deference to your station your Obt Servt. J. Davis  P.S. Please direct any thing from the war office for me to Blakeley To John Davis

Blakeley Al.
Sept 4 1819
Rec Hon. John C. Calhoun —
Secretary of war United States Washington
Dist. C. O.

Tensaw Alabama Territory, Mobile County Aug 26 th 1817
Hon ble Sir in conformity to the Instructions you were so kind as to give me I as soon as I possibly could applied to Judge Tolman & showed him the Instance from which he forwarded to the war office a Certificate as I suppose he thought sufficient but it has been returned for certain Amendments viz the Date of my Indictment not being stated that was an omission in the Judge that I can hardly account for, but one objection is made which to me and the Judge writes me he can't account for, that he shall certify that I am in reduced Circumstances & Standing in need of my Country's assistance he has in the Certificate Expressly Declared that he is fully satisfied that I am in such a State of Debility is such that I am unable to travel and can Illly support the Expense of a boat & hands to carry me forty or fifty miles to collect my Pensions but at the out g term at Mobile I Expect to be able to have the Certificate so arranged as to be perfectly Satisfactory should you in your good office think of appointing me to give such directions as for me to receive my pension on the Condition that I will on the 18 th Oct er next send a perfectly satisfactory Document agreeable to all the Requirements there in mentioned there is at this time that has been for some time so Clerk in the County of Mobile as he has gone to Northward for Health that I cannot at present get his Signature the Date of Indictment I have set down myself in the Enclosure and have taken a Copy off the same & shall have one as I said transmitted to the war office Regularly Certified as aforesaid. I am Hon ble Sir your Obed t & obliged Humb le Serv t . J. Davis P.S. Please direct to Mobile Post Office

Affidavit of Cyrus Sibley in the matter of Catharine R Byrne and child then at death of John Davis Dec'd v Revolutionary Pensions — 11 —
Presented by Delahay Hopkins Hale Mobile Ala

The State of Alabama Baldwin County
§ Sp-
Personally appeared before me Charles W. Melkum, Clerk of the Circuit Court of Baldwin County, State of Alabama, Cyrus Sibley, who being duly sworn according to law, says that he was well and intimately acquainted with John Davis deceased late of said County and State, and that said John Davis was reputed to have been a Soldier in the Revolutionary War, and which was true as affiant believes, from the fact that said Davis was a truthful Man and frequently made mention of his Service in said war, that said Davis departed this life on or about the sixth day of July in the year of Our Lord One Thousand Eight Hundred and Twenty two, and affiant further states that said John Davis left but one Child, Catharine R. Byrne who intermarried with Patrick Byrne which said Child is now living in said County & State, the said John Davis left no Widow at his death affiant is Seventy years of age, and has been (and now is), a resident of said County & State for the last forty five years, he further states that he is not interested or in any manner concerned in the arrearage of Pension which the said Catharine claims to be due her, as the only Child & Heir at law of said John Davis
Cyrus Sibley
The State of Alabama Baldwin County
§ Sp-
Be it Remembered That before me this day, Cyrus Sibley (to me well known) came and subscribed the foregoing affidavit & was by me

Sworn to the truth of the same in due form of law and I further Certify that the said Cyrus Sibley is a credible witness and worthy of Credit as a Sworn witness or otherwise and I further Certify that I believe him to be of the age stated by him in his affidavit and I further Certify that his Signature is genuine and that I am not concerned or interested in the subject matter to which the foregoing affidavit relates, and I further Certify that the said Catherine R. Byrne is the only child then at law of the said John Davis deceased, and that the said John Davis departed this life leaving no Widow, or other child, as I have been informed and verily believe and that said Catherine R. Byrne is now living.
In Testimony whereof I have hereunto set my hand and caused to be affixed unto the seal of my said Office, Witness Charles W. Wilkins Clerk of the said Circuit Court at Bladely this thirty first day of Aug- ust in the year of Our Lord One thousand eight hundred and fifty four Attest C. W. Wilkins Clerk.

Payable semi-annually. The first payment on this Certificate will be made on the 4th of March next, in Huntsville by the President of the Planters and Merchants Bank.
Henry
Recorded

War Department.
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th March, 1818,
John Davis late a private in the Army of the Revolution, is inscribed on the Pension List, Roll of the Alabama Territory Agency, at the rate of Eight dollars per month, to com- mence on the fifteenth day of February , one thousand eight hundred and nineteen.
GIVEN at the War Office of the United States, this twentyninth day of September , one thousand eight hundred and nineteen.
J. Calhoun
Secretary of War.

Hon L P Waldo
Mobile Sept 15 th 1832
My Dear Sir
We send herewith the papers in the case of Catharine R Byrne the only child of John Davis deceased who was a soldier in the War of Revo- lution, attached to her declaration you will find a certificate from Hon J. C. Calhoun Sec y of war in year 1819, which will facilitate in finding the name of said Davis, he was on the Pension Roll & drew a pension up to about 1818 as we are informed, and we suppose his child to be entitled from about that year up to the death of the soldier and that the arrears of about four years is due to the child of said Davis, and that we have transmitted what we suppose to be all that is requisite in the case in order to the full investigation and early payment of a draft for the Ben- efit of Pensioner Davis
Respectfully yours Delahay Hopkins