Revolutionary War Pension and Bounty Land Warrant Application File S. 21,499, for Oliver Spink, Rhode Island
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(3-1776)

Service     Number
 R. I. Spink, Oliver  S.21.499
Contents
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21219
Rhode Island 
Oliver Spink of Washington {?} in the State of Rhode Island who was a illegible in the Company commanded by Captain Pattis of the illegible commanded by Co. Sands in the Rho Island line for 8 mos & 20 days illegible 15" 20" Ensign
Inscribed on the Roll of Rhode Island at the rate of 182 Dollars 22 cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 24 day of Aug 1833 and sent John Hall North Kingston R. Island
Arrears to the 4th of March 1835 $364.44
Semi-anl. allowance ending Sept. 91.11
$455.55
{Revolutionary Claim, Act June 7, 1832}
Recorded by D D Addison Clerk
Book E Vol. 2 Page 129
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POWER OF ATTORNEY: - Revolutionary  Pension Claim
Know all Men by these Presents that I Avis Ann Brown North Kingston, County of Washington, State of Rhode Island late widow of Oliver Spink late of illegible and new wife of William Brown of illegible do hereby constitute and appoint D D. Addison of Washington City Dist. of Columbia  to by my true and lawful Agent and Attorney, to prosecute the Claim of myself, a late widow  see(struck through) of the said Oliver Spink, for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents of every description, in relation to said claim, that may be on file in the Departments of Washington City, or elsewhere; to file any additional evidence or arguments that can be obtained;  and to receive the Certificate  which may be issued for said Claim, which Certificate I wish made payable to my husband William Brown of North Kingston; to appoint one or more substitutes under him for the purposes herein express; and to do all things that I might or could do were I personally present.  Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises. Witness my hand and Seal this 3rd day May, A.D. 1851.      Seal
Avis AnnBorwn
Signed and Sealed in the presence of Sylvester G. Sheerman Benjamin S. Lawton
State of Rhode Island}
County of Washington}
on this third day of May, A.D. 1851, before me Justice of the Peace in and for the County aforesaid, personally appeared Avis Ann Brown and acknowledged the foregoing Power of Attorney to be illegible act and deed, for the purposes therein mentioned. 
In testimony whereof, I hereunto set my hand and seal, the day and year aforesaid.  Sylvester Sheerman J. Peace Seal
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Claim of Avis Ann Brown, late widow of (illegible) deceased 
Act of (illegible) June 7th 1832
State of Rhode Island
County of Washington
Be it known, that on the third day of May A. D. eighteen hundred and fifty-one, before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Avis Ann Brown a resident of North Kingston in said County, and made oath according to law that she is the widow of (illegible) late of (illegible) deceased who was a Revolutionary Pensioner under the Act June 7th 1832 at the rate of one hundred eight two Dollars and twenty-two cents per annum; that she has been informed that the said Pension ought to be increased; that she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence and arguments as the Agent may use in prosecuting said claim. 
Sworn to and subscribed, the day and year aforesaid. before me, Sylvester G Sherman 
Avis Ann Brown
I, Sylvester G Sherman, Justice of the Peace, do hereby certify that Avis Ann Brown who has executed the foregoing affidavit before me, is a respectable resident of this county and is I believe directly interested in said claim as therein set forth Slyvester G Sherman
J. Peace
I Powell Helme Clerk of the Supreme Court of said state in the county of  Washington and State aforesaid, do hereby certify that Sylvester G Sherman before whom the foregoing affidavit was executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer oaths; and his name thereunto subscribed, appeared to be to be his usual signatures.
In testimony whereof, I hereunto subscribed my name and affix the office Supreme Court this Seventh day of May A.D. 1851 Powell Helme, Clerk
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102 Dec " on
Oliver Spink
J Hall
22815
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State of Rhode Island Providence Plantations
County of Washington illegible
On the 5th day of September 1837, personally appeared in open court before the Court of Common Pleas now sitting Oliver Spink a resident of North Washington in the County and State aforesaid, aged 77 years in June last illegible 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.  That he entered the service of the United States and served under the following officers herein stated illegible the service of the United States a militia member and private soldier in the month of July or August 1775 in the company commanded by Capt. Joshua Davis I think. I do not recollect positively who was Cd. of the regiment to which I was attached.  I was stationed on the illegible ^ Island of the Narragansett Bay to guard them against the depredations of the British Troops of War. Then on the Newport station commanded by Capt. James Wallis, illegible, the Swan of 18 illegible, and the Kingfisher of 16 illegible. I lived in North Kingston, County of Washington and State aforesaid at the time I entered the service.  I continued in this service from of June 1776 the date of my ensign illegible the time before names until about the first of January 1777. I was engaged to as Ensign, illegible in the company commanded by Capt. Jonathan Bates, Stephen Wightman Lieut., attached to Col. Byers Regiment, Lieut. Col. Ray Sands and Major Thomas Clark. I was stationed in North Kingston and continued in the capacity of ensign from the date of my commission of April following, when in the night I was surprised and taken prisoner of war, together with illegible Westcott, Charles Tillinghurst and Remmington Kenyon
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carried to Newport which was then a British garrison and all confined in illegible jail, when we had been there about 2 weeks, we were all attacked with the small pox and removed from jail to Coasters Harbor hospital, when Charles Tillinghurst died, when we recovered from the disease we were remanded back to prison and kept until the last of August following when we were regularly exchanged and I came to my home in North Kingston. In September following I again entered the service and marched into Tiverton and served a short time in Spencer's expedition - say about one month when I returned to my home. From this time until August 1778 I was occasionally engaged in guarding the shores illegible.  I suppose in actual service about three months illegible about the first of August 1778. Illegible Capt. Jonathan Bates company of militia and went onto Rhode Island in Sullivans expedition and served half a month or more, the time for which I was called out leaving expired just before the battle which took place on the 29th of illegible month, I served this time as ensign my commission has been lost. I was engaged from this time until August 1780 in guarding the western shores of Narragansett Bay as a volunteer - I suppose during this period of two years I was in actual service one year or half this time.  In August 1780 I entered the company of horse(?)) commanded by Capt. James Alsberry of North Kingston as a volunteer, and with Joshua Davis volunteers from said company to go on to Rhode Island when we served one month and were then dismissed. All the documentary evidence I have in relation to my service is my ensign commission which I herewith present. I was born in North Kingston in the year 1755. I have no record of my age. I lived in said town at the time I was called into service. I have lived there and in Exeter since the Revolutionary Ware and now live in North Kingston.  The commission I received was signed by the Hon. Nicholas Cooke and William Mumford illegible Sec'y
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He hereby relinquishes every claim whatever to a pension or annuity except the present and discloses that his name is not on the pension rolls of the agency of any State. 
Oliver Spink
Sworn to and subscribed the day and year aforesaid

We John Gardiner - a clergyman residing in Exeter and Hutchison Cole - residing in North Kingston hereby certify that we are well acquainted with Oliver Spink who has subscribed and sworn to the above declaration that we believe him to be seventy seven years of age, that he is reported and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in the opinion.  John Gardiner
Hutchinson Cole
Sworn and subscribed the day and year aforesaid in open County illegible SamHulme Clk
And the said court do hereby declare their opinion that after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolution and served as he states. 
And the court further certifies that it appeared to them John Gardiner who has signed the preceding certificate, is a clergyman resident in the Town of Exeter and that Hutchison Cole who also signed the same is a resident of the Town of North Kingston and is a credible person and that their statement is entitled to credit and that Benjamin Gardiner and John Congdon who have given Depositions in this  case are credible witnesses and that their statement is entitled to credit.
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I Samuel Helme Clerk of said Court of Commons Please do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Oliver Spink for a pension.  
In testimony whereof I hereunto set my hand and seal of office this Eight day of September 1832
Sam. Helme Clk
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22815
Oliver Spink
Rhode Island
Illegible 15 Mo. 10 days
Illegible 8  20
150.00
     3.33
   26.67
      2.22
  182.22

Jno. Hall
North Kingston, RI
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War Department,
Pension Office 
183

Sir:  The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the paper 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.  These 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 Oliver Spink Washington Co R Island
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And the said Court do hereby declare their opinion (g) that the above names applicant was a revolutionary soldier, and served as he states. 
I [space] of the Court of [space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this [space] day of [space] &c.
If, on examination of the proper record the names of applicants, making such declarations, 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 (k) foregoing, with the following additions, viz:
(k) We, A.B., a clergyman, residing in the [space] and C. D. residing in (the same) hereby certify that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] 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 day 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 Revoluntionary 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 [space] and that C.D., who has also signed the same is a resident in the [space] and is a credible person, and that their statement is entitled to credit. 
I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for) a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this [space] day of [space] &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 is the comparison of 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
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3
 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 declarations above provided, 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 live now?
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 service, and if so, by whom was it 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, and 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 traditionary eveidence 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 enquiry whether the belief if 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, or by a Justice of the peace, the certificate of the Secretary of State or Territory, of 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 have died before the taking effect of the act of June 7, 1832; and in case of the 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, 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 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 the precise length of his service; but, according to the best of his recollection, he served not less that the periods mentioned below, and in the following grades: For [space] year [space]months, and [space] days, I served as {space]. For [space] months and [space] days, I served as a [space], 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 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; 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 of 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 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 applicate is not found in 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 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 {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.
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Revolution  
21499
INVALID
File No. 22,499

Oliver Spink
Pri  Rev War
Act: June 7, '32
Index:  Vol. 2, Page 289
[Arrangement of 1870]
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By the Honorable Nicholas Cooke, Esquire, Governor, Captain-General, and Commander in Chief, of and over the English Colony of Thode Island, and Providence Plantations, in New-England, in America, 
To Oliver Spink, Gent. GREETING,
You, Oliver Spink being, by the Genral Assembly of this Colony elected and chosen to the place and office of Ensign of the First Company or Trained Band of the Town of Exeter in the County of Kings County in the Colony aforesaid, are hereby, in the Name of the Governor and Company of the said Colony, authorized, empowered, and commissioned, to exercise the Office of Ensign of and over the Company aforesaid, and to command, guide and conduct the same, or any part thereof: And in case of an invasion or assault of a common enemy to infest or disturb this Plantation, you are to alarm and gather together the Company under your Command, or such part thereof as you shall deem sufficient, and therewith, to the utmost of your skill and ability, you are to resist, expel, kill, and  destroy the same, in order to preserve the interest of the good People in these parts.  You are also to follow such instructions, directions, and orders, as shall from time to time, be further given forth, either by the General Assembly, the Governor and General Council, or other your superior officers.  And for your so doing, this Commission shall be your sufficient Warrant and Discharge. 
GIVEN under my Hand, and Seal of the said Colony, the Eighteenth Day of June in the Year of Lord One Thousand Seven Hundred and Seventy.
Nich. Cooke
By His Honor's Command, William Mumford
 D. Sec'y
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Kings County of Exeter Towit on the first day of January 1777 the within named Oliver Spink was engaged to the within Commission according to Law by George Pierce Just of the Peace
[lower part vertical]
Ensign First Company Exeter

Oliver Spink R.I. S21499

[stamp] THE NATIONAL ARCHIVES OF THE UNITED STATES
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Benj Gardner
Dep'o
O Spink
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I Benjamin Gardner of North Kingston in the County of Washington and State of Rhode Island - do testify an oath that I am well acquainted with Oliver Spink of said North Kingston that I knew him before at the time and since the Revolutionary war and I am well acquainted with him now. I know that he was a soldier in the revolutionary war and that he was taken as a prisoner, I know that he served as an Ensign ^according to in Capt Jonathan Bates Company ^ Col. Dyers Regiment & Militia. I also that he served in the company of Light horse Capt James Alsbro attached to Col Dyer Regiment and that he served as much as two or three years, during the revolution. a part of the time I served with him I have always considered his character as to truth and veracity to be good
 Benj Gardner 
Subscribed & Sworn to in Open Court Sept 5. 1832 
Winn Saml Helme Clk
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John Congdon Dep
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I John Congdon of Exeter in the County of Washington and State of Rhode Island &c. aged 75. do hereby testify and say on solemn oath that I am well acquainted with Olive Spink of North Kingston in the County aforesaid and that I served in the capacity of Seargeant in the company of Capt Jonathan Bates in which Olive Spink was ensign-- I served in said company with said Spink as much as five months, I believe said Spink to be 77 years of age 
And further the Deponent saith not 
John Congdon
Subscribed & Sworn to in Open Court Sept 5 1832 
Wm Sam. Helme Clk June
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Washington State of Rhode Island & Providence Plantations 
Washington County ss 
I. Thomas T. Wells, Clerk of the Supreme Judicial Court within and for the County of Washington and State aforesaid, do hereby certify that Sylvester G. Shearman Esq before whom the annexed affidavit and deposition, were taken and sworn to, is a Justice of the town of North Kingstown County duly elected and qualified; and that his signature annexed is in his own proper hand writing 
In testimony whereof I have hereto set my hand and affixed the seal of said Court this 31st day of July 1839. 
Thos Wells Clerk
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Washington Sc - In John Kingston July 19th 1833- 
Personally appeared, before me, the undersigned Sylvester G Shearman, a Justice of the Peace for the Town of North Kingston, Oliver Spink of North Kingston, in said County, an Applicant for a Pension, 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 & in the following years. In 1775 I served as a private in the Company of Militia, command Captain [crossed out: John] ^James Devis attached to the Regiment commanded by Colonel Robert Brown, there month, & three months as a Private in said Company in 1776. In 1776 the date of my Ensigns Commission, I served as Ensign, in the Company commanded by the Jonathan Bates, six Months without any interruption for the first of January 1777 untill the 10th of April 1777, [crossed out: I served] the time at which I was taken Prisoner. ^ as stated in my declaration. I served the whole time in said Company as Ensign it being three months & ten days. I was detained a Prisoner from said first of [crossed out: August] April untill the [crossed out: September] August following five months. After my release, I served one mouth, in said Company as Ensign in 1777, In 1778 I served as Ensign in said Company six months. In 1779 I served as a Volunteer, in the capacity of a Private
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soldier in said Company six months. In 1780 I serve as a Private, in Captain James Asbury Company, one Month in the manner stated in my Declaration, all the time stated in this Affidavit, I was in actual service, or Prisoner of war, and was not engaged in a line point, any invasions part of the time. And for this service I claim a Pension—
Oliver Spink 
Washington Sc July 19th 1833- Personally appeared before me, the above said Oliver Spink, and after being by me duly examined cautioned & swore, to tell the truth, made solemn oath to the truth of the above written affidavit, which read by me reduced to writing in his presence, and by him subscribed in my presence, and I further certify, that the said Oliver Spink is well known to me that his character for truth & veracity is good, and that said Affidavit, is entitled to full & implicit credit
Sylvester G Shearman 
Justice of the Peace
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I David Bissell of North Kingston, in the County of Washington, on oath do testify and say that during the Revolutionary War, I lived in the Town of Exeter and knew Oliver Spink now living in North Kingston, who then lived in said Exeter, now an applicant for a Pension. In the spring of 1777 I had engaged to a [illegible][illegible] duty in the Company of Militia of which Jonathan Bates was Captain and the said Oliver Spink Ensign, and I know that the said Oliver Spink, was taken Prisoner by the British, whilst on duty and detained, untill the Fall following. I had seen ^him on duty at other places, on the shores many times, be & see him afterwards on duty, but as I never served in the same company with him any other time, I Cannot testify to any particulars of his service. I am seventy one years of age.
David Bissell 
Washington Sc – July 30th 1832 I hereby certify, that the above Deposition, was subscribed & sworn to before me in the day & year afraid, and that his character for truth is good 
Sylvester G Shearman
Justice of the Peace
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Washington May 22nd 1837 
Dear Sir,
I enclose herewith a power of Attorney and application for an increase of Pension in the case of Oliver Spink who was a pensioner under the act of 1832, on the Roll of the State of Rhode Island and have respectfully to request an early examination of the same 
I am very respectfully 
Your most obedient Servant 
D. D. Addison

 J. E. Heath Esq.