Revolutionary War Pension and Bounty Land Warrant Application File S. 38,271, for John Odil, South Carolina
Page 1

(3--1776)
SERVICE
S.C.
Odil, John
NUMBER
S.38.271
Born in N.C.
CONTENTS
Page 2

26.825
Kentucky
=============================
John Odil
[illegible] Co in the State of Ky
was a Pr  in the Company commanded
by Captain Singleton of the Regt commanded
by Col Richardson in the S. Carolina
line for
9 Mo P July    30.00
Pr of Can -      37.30 = 67.50
================================
Inscribed on the Roll of Ky
at the rate of 67 Dollars 30 Cents per annum
to commence on the 4th day of March, 1831.
=================================
Certificate of Pension issued the 11 day of June
and Sent to
134  Hon L Lyon         H R
=================================
Arrears to the 4th of Mch '24                    202.50
Semi-anl. allowance ending 4 Sept            33.75
                                                                             =====
                                                                          $236.25
⎨ Revolutionary Claim,
⎨Act June 7, 1832.

Recorded by   J T Sprague  Clerk,
Book  E -2 Vol.  7   Page 37
Page 3


Jno Odil

decd
_________________________
18 months service
Page 4

State of Kentucky
County of Graves
On this 13 day of April 1833 personally appeared in open court before the Rezin Davidge Judge of the Graves Circuit Court now sitting John Odil aged seventy four years, a resident of the county and state
aforesaid, who being first duly sworn according to law, doth on his oath, make the following declaration in order to
obtain the benefit of an act of Congress passed June 7th 1832
John Odil states that he entered the service of the United States and served in the revolutionary war under the
following named officers as herein stated. He states he was born in Cumberland County, State of North Carolina on the 8th day of April 1758 and moved to South Carolina
in the year 1776 in Clermont County Sumpter District he entered the service as a drafted soldier under Captain John Singleton in his company of Infantry and served 2 months;
this was in the year 1778. In the year 1779 [illegible] the service he then moved [[..]
February and served as a drafted soldier for 3 months in Captain Moore's company of Infantry. In the month of June following he
served another tour in the same company of Infantry and under the same Capt Moore - Col Richardson being the Commander of the regiment. In the year 1781 served during the month of May in Capt Moore's company of Infantry in Col Richardson's regiment
In the year 1781 he entered the service as a volunteer in Captain Hills company of horse in Col Richardson regiment and continued therein from first of March to the December following, a period of nine months.
General Marion Commanding the whole.
After this he was in service every third month until the closure of the war but cannot state positively how long he served but would state to the best of his recollection
he served two tours of one month each under Captain Hill.
Page 5

The first battle he was in was in Georgia, at Briar Creek
and was under the command of Capt Moore & Major Gale -
Col Sharp was the commander of the tories who were about 200 strong him & the Major we killed & took 8 or 10 prisoners-- He was at the taking of Scotts fort on
the east side of Santee river under Captain Hill, and General Marion - was under the same officers when Thomsons fort was taken [from?] the British and tories those taken
were sent Northward-- He states he was at the evacuation of George Town in South Carolina near the month of Pee Dee river 
- was with a scouting party near to
Charleston and took thirty British prisoner- He further states that he moved from South Carolina
to Georgia, thence to Williamson
County Tennessee where
he lived 17 years and then moved in 1822 to Madison
County Tenn - when there being palsied some of his friends were intend to make application to the
government for a pension for him, and to procure necessary testimony he wrote to his brother in law John
China who sent him the annexed testimony in the year of 1830 which is filed in support of his declaration
He has no documentary evidence having kept his discharges
with some continental money until they were eat up by worms or insects.
During his tour of nine months as a volunteer under Capt Hill during he furnished his horse, and during this time the tories burned his house and all contained therein. He had a good horse saddle & bridle
taken from him by the British soldiery
He hereby relinquishes every claim to an annuity or pension except the present and declares his name is
not on the pension roll of any agency of the United States
John Odil
Page 6

W Marcus Henderson a Clergyman residing in Graves County
Kentucky and James Alexander also a resident of the
same County and state hereby certify that
we are well acquainted with John Odil who has
subscribed and sworn to the above declaration that
we believe him to be seventy four 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 not
having any doubt whatever of the truth of his statements
Marcus C Henderson
James Alexander Lwn
Sworn to in open Court
attest
Ino Anderson Clk
And the said Court do hereby certify their opinion
after the investigation of the matter and after putting
the interrogations prescribed by the War Department
that the above named applicant was a soldier of
the Revolution and served as he states And the
said Court do further certify that it appears to
them that the said Marcus C. Henderson who has signed
the preceding certificate is a clergyman residing
in the said County of Graves and that James Alexander
who has also signed the same is also a resident
of the same County and Commonwealth aforesaid
and is a credible person and that their statements
are entitled to credit given under my hand
as circuit Judges aforesaid the day and
year aforesaid
Rezin Davidge

State of Kentucky
Graves County Set
I John Anderson Clerk of the Circuit Court
for the county and state aforesaid do hereby certify that
Rezin Davidge whose name is signed to the foregoing certificate is the Judge
of the circuit court of said county the same being a court of record and
that the signature of said Rezin Davidge above assigned is true and genuine
In testimony whereof I have hereunto set my
and caused the seal of the said court
to be hereunto affixed the 19th day of
April 1833
Ino Anderson
Page 7

John Odil
Ken
1
1778 Jus
Couls 18 to
[illegible]
P  Inf 9 -  $30
P  Cav -    37.50
            __________
                $67. 50/100

   67.50
902.50
33  98


Hon C. Lyon
H R
W. H. Tegarden
Hopkinsville
Ken.
Page 8


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 show 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, showing the service of John Odil
===============================================================
Period when the service was  rendered.   
________________________________
        1778
        1779

June   "
       1780        
Vol 1781
                                                                                                                                                   
 Duration of the claimant's service Year Months Days 
_____________________________________________
2 Months
3 months

not state
1
9

Rank of   the   Claimant 
________________________
pr.
"
"
"
Pr Cav


Names and rank of the  Field Officers under whom he served.  
__________________________________________________
Cap Singleton
  "      Moore  Col
 Richardson
  "     do 
Col Richardson
Cap Hill


Age at present, and place of abode when he entered the service.
_____________________________________________________
74
S. C

Proof by which the declaration is supported.
____________________________________
Traditionary and   
witnesses
witnesses not certified
to be credible   

Served in all  18 months

The papers in this case were returned un
der that the magistrate before whom the witnesses
made their affidavit might certify as to their credibility,
and not to have the official seal of the clerk affixed


I am, respectfully,
Your obedient servant,
J L Edwards
Commissioner of Pensions
Page 9

2
                                                      REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit 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 the 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             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 offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar 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 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 name 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 the 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 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. 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 Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I 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 orginal 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 hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 10

3
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, it 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 nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, fromtheir 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 or 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 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 ofice, 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 genine signature.

No payments can be made upon 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 theopinion 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 of the war when he served.
(e) Every continental officer or soldiers 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 depots and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service.  The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable.  ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  

It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.                                                   
                                                                  
                                                                    Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 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 verify 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 note
 from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is 
The note (j) applies to continental troops only.
(k)This traditionary 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.
Page 11

38271
INVALID.
Rey
File No.  38271
John Odil
Pr  Rev War
Act:18" March 18
Index-- Vol.  2, Page 307
[Arrangement of 1870.]
Page 12

Paid 25

[illegible stamp]

Mr John Odil
State of Tennessee
Maddison County
Cotton Grove Post Office
Page 13

South Carolina
Sumter District 
Before me David F. Myles a Justice of the Peace for
the District & State aforesaid personally appeared John
China of the District aforesaid under Oath that
to his personal knowledge John Odil formerly of
the said District served as a private in Captain
Joseph Hills company attached to Col Richard
Richardson Regiment under Genl. Marion in
South Carolina during part of the Revolutionary War
say from the year 1781 to the Spring of
1782 & that the said John Odil was as this
deponent verily believes afterwards honorably
discharged 
John China

Sworn to
before me this fourth
of October 1835
D.F. Myles
J.P.
Page 14

South Carolina
Sumter District
Before me David F. Wyles a Justice of the
Peace for the District & State aforesaid personally
appeared William Vaughan & made oath
that to his personally knowledge John Odil
formerly of the said District served as a private
in Capt. Joseph Hills Company attached to Col.
Richard Richardson's Regiment under Genl.
Marion in South Carolina during part of
the Revolutionary War say from the year 178[?]
as the close of the War & that the said John
Odil at the close of the War aforesaid was
honorably discharged on this deponent verily
believeth
Wm Vaughan

Sworn to before me this
fourth day of October
A.D. 1830
D. F. Wyles
J.P.
Page 15

State of South Carolina
Sumter District
I John Nettles
Clerk of the Court of Sessions & Common
Pleas for Sumter District & State aforesaid
do hereby certify that David F. Wyles
before whom the written affidavits were sworn
was at the time a Justice of the Peace and
duly empowered to administer oaths -
In testimony whereof I have hereunto set
my hand and affixed the Seal of the said
Court this fourth day of October in the
year of our Lord one thousand eight hundred
and thirty -
John Nettles
C.C.Pls

Mr John Odil
Dear Brother  I rec'd your letter requesting me to get an
officers certificate of my services in the revolutionary
war that I could not do as there is no officer alive in
this country that knew you, I herewith send you
the certificate of Mr Wm Vaughan and my own
certifying your services in the war above mentioned
which certificates is certified by the Clerk of our
Court, all our family is well and hope this will
find you and yours all well please to write me
as soon as you get this letter, I will write you
again soon and will give you a more general account
of our affairs
Respectfully yours Friend John China
Page 16

State of South Carolina
Sumter District
Personally appeared before
the undersigned an acting Justice of the Quorum in
and for the State and District aforesaid John China
Sevr and William Vaughan and made
Oath in due form of Law that they were during the
Revolutionary war well acquainted with John
Odil formerly of said Sumter District (and now a
Resident of Graves County Kentucky as they have been
informed) that they know of their own personal
knowledge that the said John Odil served as a private
in Capt. Joseph Hills company attached to Col Richardson's
Regiment under command of Genl Marion during
a part of the Revolutionary war that is to say from
the beginning of the year 1781 till the Spring of 1782
as close of the war a period of near one year as
these deponents believe and that he was afterwards
as they verily believe honourably discharged. That
they know from the belief and report of those times
that the said John Odil performed and served several
small tours of service in said war as a drafted
private before he entered the service but cannot state
any of the particulars thereof They state that the
said John Odil was always accounted a man
of veracity, good standing and character
whilst they know him as a man who had
unquestionably been a faithful soldier in behalf
of the American cause during the Revolutionary
war - These deponents also state, the former that
he is sixty nine years of age and the latter that he
is seventy years of age on the twenty second May next.
John China Serv
Wm Vaughan

Sworn to and subscribed
this 14th day of April
A.D. 1834
J.M. Caldwell
QU
Page 17

And I the said J.M. Caldwell Justice of
the Quorum as aforesaid do certify that the
said John China Serv and William
Vaughan who have sworn to and
subscribed the preceding affidavit are
residents of the said State and District
aforesaid That I believe them to be of
the age they state that they are 
they are
enable persons being men of good
character and standing and that these
Statements are entitled to credit
Given under my hand the day
and year aforesaid
J.M. Caldwell
QU
South Carolina
Sumter District
I Thomas J. Wilder Clerk of the
Court of Common Pleas and General Sessions for district
& State aforesaid do hereby certify that James M. Caldwell,
is and acting Justice of the quorum for said district
& that the signature above purporting to be his, is genuine
Given under my hand and the seal of the said Court at
Sumter Court House, the 5th day of May AD 1834
Th J. Wilder
CCPs
Page 18

[illegible]

PAID. 25 

Stamp: 
SUMTERVILLE
MAY
8
S.C.


John L. Murray Esq
Wardsboro (Wadesboro)
Calloway County
Kentucky

Mail
Page 19

Sumterville May 6th 1834
Dear Sir
on the other page I hand you
Mr.  Vaughan's affidavit together with
my own which I hope will prove
altogether sufficient for the object
intended circumstances beyond
my control prevented it from
being attended to at an earlier period
Yours very Respectfully
Jno. China  Sen

John L. Murray Esq
Wardsboro  Ky