Revolutionary War Pension and Bounty Land Warrant Application File S. 8101, Olive Branch, Va.
Page 1

Service - Va.

Branch, Olive

Number - S.8101

Carded
Page 2

23.076


Virginia

Olive Branch

Buchanan in the State of Va.
who was a private and C? in the ..... commanded by Captain .... of the Regiment commanded by Col. Lynch in the Va line for 
13 months


Inscribed on the Roll of Virginia
at the rate of $18 Dollars 33 Cents per annum
to commence on the 4th day of March, 1831.


Certificate of Pension issued the 2nd day of Nov. 1833 and sent to Pensioner 
New Stone Buckingham Co. Va.

Arrears to the 4th of Sept. 1833  $120.82
Semi-anl. allowance ending 4 March 1834  $24.16

$144.98

{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by Nathaniel Rice Clerk,
Book E, Vol. 67 Page 3


Paid at the Treasury under the Act of the 5th April 1838 from 4th March to 4 Sept. 1839.
Agent notified 3rd June 1840
Page 3

State of Virginia:
  At a court held for Buckingham county the 10th day of December 1832.  On this day personally appeared in Open Court "Olive Branch a resident of said county and state of Virginia aged Seventy two 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 act of Congress passed June 7th 1832:  that he entered the service of the United States, under the following named officers, and served as herein stated as a volunteer in the Militia under Robert Adams, capt. of the volunteer militia from Bedford County Virginia and marched to Montgomery County Virginia to guard the lead mine from hostile Indians and under the command of Colo Henry Lynch, at which place he served a full tour of three months, also as a volunteer under said Robert Adams Capt. of the volunteer militia from said Bedfort County Va. and marched to the town of Petersburg Oh. and under the command of said Colo Henry Lynch, where he and the company to which he belonged was put under the command of General Samson where he served a full tour of three months, and was discharged by Capt Robert Adams at both of the aforesaid places.  also as a substitute from John Goggins in Capt John Poindexters company and marched to Portsmouth Oh. and there commanded by Colo. Meriwether and General Mewlinburg, where he served three months and was discharged by Capt. John Poindexter, where he sreved with the Rockbridge Mounted Riflemen, and the troops of South and North Carolina, and he was also drafted from the company of Bedford Oh. and marched to Little York under the command of Colo Softwich from Bedford County, and whiled at Little York commanded by General George Washington and there served about three months or more, and was then at the seige of York, and then made quarterMaster and marched to Winchester Barracks Va with Cornwallis' Infantry, which service was one month and a few days and there discharged by Colo Vance; and further states that there are no living witness within his knowledge by whom he can prove the town of Petersburg and Portsmouth, and was born in the county of Chesterfield in the state of Virginia, and moved to the county of Campbell (then Bedford) oh. about the age of fourteen years, and has the register of his age which he took from the family Bible, which shows he was born in the year 1760; and all his discharges have been lost or mislaid from lapse of time, and 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 any agency of any state.
   Olive Branch"

We William W. Hendrick a clergyman residing in the county of Buckingham and state of Virginia and William D Jones and Capt John Morgan residing inthe country and state aforesaid, hereby certify that we are well acquainted with Olive Branch of the county and state aforesaid who has subcribed and sworn to the above declaration; that we believe him to be Seventy two 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.
   William W. Hendrick
   Wm. D Jones
   John Morgan
Sworn to & Subscribed before one Nat.
Lancaster a justice of the peace for
the county of Buckingham, this 10th day
of September 1832.
   Nat. Lancaster
Page 4

and the court doth hereby declare their opinion that the above named applicant was a soldier and served as he states -

I Rolfe Eldiridge Clerk of the County Court of Buckingham do hereby Certify that the foregoing is a true copy from the records of the said Court in relation to the matter of Olive Branch application for a pension, and also that Wm. W. Ferguson before whom the Certificate of Robert Rogers was sworn to, are acting justices of the peace in and for the said County, & that their signatures to the said certificates are genuine -
In testimony whereof I have hereunto set my
hand and affixed the seal of my office on
this 13 day of December 1832 -
   Rolfe Eldridge   CBC
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20798
Olive Branch
Va

Returned 

Admit as
Pri Cav Line 25
Infan 7 Mo $23.33)
Total: 48.33

Applicant
New Store
Buckingham Co
Va
Page 6

War Department
Pension Office
14th May 1833

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. 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 Olive Branch Buckingham Co Va

Period when the service was rendered:
1. Vol
2. Vol
3. Sub
4. Drafted
5. Drafted

Duration of the claimant's services in Years, Months and Days:
1. 3 mo
2. 3 mo
3. 3 mo
4. 3 mo
5. 1 mo

Rank of the Claimant:
1. Pri
2. Pri
3. Cav
4. Cav
5. Qtr Master

Name and rank of the Company officers under whom he served:
1. Capt. Adams
2. Capt. Adams
3. - 
4. - 
5. - 

Names and Rank of the General Officers and Field Officers
1. Col Lynch
2. Col Lynch
3. Col Meriweather
4. Col Seftwick
5. Col Vance

Battles in which the applicant was engaged
1. None
2. None
3. None
4. Yorktown
5. None

Country through which he marched
1. thru 5. All Virginia

Age at present and place of abode when he entered the service:
72 
Bedford Co Va

Evidence by which the declaration is supported:
Traditional and Witness who swear to this service as a soldier not certified to

I am respectfully
Your obedient Servant

J.L. Edwards,
Commissioner of Pensions
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2
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 rolle 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 
County of } 88. 
On this     day of     personally appeared (a) before
A. B. a resident (b) of     in the county of     and State, Territory or District of     age (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 provion 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 enered the service; the battles, if any, in which he was engaged, and the country through which he marched. [Finger pointing right] 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 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 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
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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 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 traditionary 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 enquiry 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 bis 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 mouths 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 au embodied corps called into service by competent authority that lie 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 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 [j] 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 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.

W L Williams - Clerk
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8101
Rev War
INVALID

File No 8101
Olive Branch
Pri Rev War

Act June 7th, '32
Index Vol [illegible] Page 45
[Arrangement of 1870.]
Page 10

TREASURY DEPARTMENT,
Second Comptroller's Office

May 28th 1848.

Sir:

   Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Olive Branch, a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of forty eight Dollars and 33 Cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of March, to the 4th Sept. 1839.

  Respectfully yours,
  Albion K. Parris
   Comptroller.

To the Commissioner of Pensions,
     Present.
Page 11

Olive Branch - amended declaration
Page 12

State of Virginia.  At a court held for Buckingham county the 1h day of October 1833.

  On this day personally appeared in open court Olive Branch a resident of this county, who by way of amendment to this declaration made in this court on the 10th day of December 1832, further declares on oath that as to the precise time over and above the term of three months which he served at little York, he cannot with certainty say, therefore must fix the term of service at that place at three months, and his term of service in traveling from little York to Winchester barracks and whilst at the last mentioned place, he just fix at one month and ten days or not less.  As to the particular periods of entering the service and leaving the same it is impossible for the declarant to state with more precision.  After the revolution he moved to the county of Buckingham, Va. where he now lives, and where he has resided ever since he moved to said county.  The declarant since presenting his original declaration has discovered one other witness (William Rosser) by whom he proves another tour of three months served at Petrsburg Va. which witness this declarant had reason to believe was dead at the time he presented his original, but the other tour of three months served at Portsmouth Va. mentioned in his original, there is no living witness now known to him by whom he can prove the term of service.
   Olive Branch

I Rolfe Eldridge Clerk of the county court of Buckingham, do hereby certify that the foregoing is a true copy from the records of the said court in relation to the matter of Olive Branchs amended declaration for a pension, and I further certify Charles A Scott before whom the certificate of Thomas A LeGrand, Wm. Patterson and John Sears was sworn to and Wm. W. Ferguson before whom the affidavit of Robert Rogers was sworn to, are acting justices of the peace in for the County of Buckingham & that the name of the sd. justices subscribed to the sd. papers are genuine - And I also certify that it was ordered by the said court to be certified that Benjamin P Walkes, Wm. W. Ferguson, Richard Clarke, John Morgan, Geo. W. Ward, John Morris, Wm D Jones,& Stephen Hooper whose certificates are annexed are credible persons.  In testimony whereof I have
[seal affixed]
hereunto set my hand and affixed the seal of my office
on the 01 day of October 1833.
     Rolfe Eldridge CBC
Page 13

The affidavit of Robert Rogers taken to be read in connection with an affidavit formerly to be read as evidence in support of the claims of Olive Branch for confirmation as a revolutionary soldier.  This affiant having been duly sworn deposeth and saith that he was acquainted with Olive Branch about two months.  the said Branch was attached to our company at York town from another company and believes that from circumstances that came to his knowledge at that time and other cirucmstances that have since come to my knowledge that Olive Branch served the whole tour of duty of three months at York Town and after serving the tour received an honorable discharge with this affiant at the Winchester Barracks - .
   Robert Rogers

Buckingham County to wit:

July 4 1833.  This day Robert Rogers came before me a justice of the peace for the county aforesaid and made oath to the truth of the foregoing affidavit:  Subscribed by him

  Wm. W. Fergusons
Page 14

we the undersigned have for some time been acquainted with Robert Rogers we believe that he is a man worthy of credit he has for many years lived in our county and sustains the character of an honorable man and that all faith and credit are due to what he has stated in the annexed affidavit subscribed and sworn to by him.  Given our hands at Bent Creek in the County of Buckingham this 4th day of July 1833.
Benjn P Walker
Wm. W. Ferguson
Richard Clarke

We the undersigned do hereby certify that we have been well acquainted with Olive Branch for a long time and reguard him a very honest, correct man and entitled to full credit upon oath, and believe from his general character, that he would not claim anything to which he was not honestly entitled neither upon oath or otherwise, and believe him to be seventy odd years of age and that he has been reguarded and reputed in his neighborhood as a Revolutionary soldier and that we live in the neighbohood where he resides
   John Morgan
   Geo. W. Ward
   John Morris
   Wm Jones
   Stephen Hooper
Page 15

We hereby certify that we also were acquainted with James Wooldridge the witness for Olive Branch as an applicant for a Pension and have been for some time and reguard him as a man of Truth and entitled to full credit upon oath and believe him to be as old as stated by him in his affidavit for said Branch and that he Woodridge has been reguarded and reputed in his neighborhood as a Revolutionary soldier.
Thomas A LeGrande
Wm Patteson
John Sears
Page 16

Olive Branch's declaration
for a pension
20798
Page 17

I do hereby certify that I served a tour of three months, at the Lead mines, then Montgomery (now Wyth County Virginia) under Capt Robert Adams, and commanded by Colo. Henry Lynch and marched from then Bedford County, (and now Campbell County Virginia) in which company Olive Branch served with me a tour of three months and we were discharged by Capt Robt. Adams I do not now recollect the month or year that were discharged, but it was between the years 1778 & 1779 - I believe the said Olive Branch to be seventy two years of age as stated by him.
   James Wooldridge

Buckingham County, to wit.

This day personally appeared before me a Justice of the peace for said county, James Woodridge and made oath to the truth of the foregoing Certificate.  Given under by hand this 3rd day of Septr. 1832
   Chs McKinney

I Robert Rodgers of the County of Buckingham in the State of Virginia, do hereby certify that I was acquainted with Olive Branch in the War of the Revolution, that we were both at the seige of York where I became acquainted with him, that after the surrender of Cornwallis at that place, he and myself were two of the guard who guarded the prisioners from that place to Winchester Barracks, where he and myself together with others were discharged, in a few days after our arrival, that according to my recollection the said Branch was either an Orderly or Quarter master Sergeant, that the time of our discharge was if I mistake not on the 16th Decr. 1781, and that my acquaintance with said Branch in the army was about two months
   Given under my hand this 9th day of November 1832.
   Robert Rogers

Sworn to before me a Justice of the Peace this 9th day of November 1832, in the County aforesaid
   Wm. W. Ferguson
Page 18

Campbell County to  wit

  I William Rosser of the County of Campbell and state of Virginia do hereby certify that in the year 1780 I enlisted (together with Olive Branch and at that time both of us residents of then Bedford now Campbell County in the aforesaid state) under Capt. Robert Adams, Leut. Charles Lynch, Ensign Mathew Arthur  leut Charles Lynch Senr. Commd. of the Regiment.  We redezvoued at Maj Ward's on Sauton river in the aforesaid state and there continued untill we were ordered on to the neighbourhood of Petersburg on Old Town Creek and continued there till discharged making a term of service of three months.  That the above named Oliver Branch is now & has been for a length of time a resident of the county of Bellingham in the aforesaid state  Given under my hand this 2d day of August 1833
   William Rosser

Campbell County to Wit

  This day personally appeared before me a justice of the peace for the above county William Rossr who made oath to the above affidavit according to law  Given under my hand this 2d day of August 1833

  Henry J Brown J.P.
Page 19

in the State of Virginia do hereby Certify that Henry J. Brown who has Signed & Subscribed the withi Certificates is and was at the dates thereof an acting Justice of the peace in and for said County duly Commisioned and qualified, and that his acts as Such are entitled to full credence and that his Signatures annexed are Genuine
In Testimony whereof I have hereunto Subscribed my name and affixed my Seal of Office at office this 30th day of August 1833 and of the independence of the United Stated the 58th
  "Henry J. Brown interlined before signed"
Tom Alexander Clk as aford

[seal affixed]