Revolutionary War Pension and Bounty Land Warrant Application File W. 4086, for Jesse Toliver, North Carolina
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(3-1776)
SERVICE
N.C. 
Toliver, Jesse 
Frankey or Franky 
NUMBER
W. 4086
CONTENTS
[BLANK]
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23.747
North Carolina
Jesse - Toliver. - 
Ashe - in the State of N.Car.
who was a pri. in the ____ commanded by Captain _____ in the _____commanded by Col. Armstrong in the N.C. line for 16 1/2 months
Inscribed on the Roll of N. Carolina at the rate of 55 Dollars -- Cents per annum, to commence on the 4th day of March 1831.
Certificate of Pension issued the 4 day of April by  Clk Ashe Co and sent John Ray Esq.
Jerffersonton. CH. N.C.
Arrears to the 4th of March 1834 165.--
Semi-anl. allowance ending 4th Sept 27.50
$192.50
{Revolutionary Claim.}
{Act June 7, 1832.}
Recorded by Natl. Rice Clerk,
Book E Vol. 67 Page 76.
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Reports 
To Asheville from 4. Sept. 1851 - June 1853
Letter P. Agt. 3  Feb. 54
Hon. R.C. Puryear [illegible]
Let. To Same 7. Feb. 54
Let. To P. Agent 30 June 54
Let To J. B. Sawyer 25, July 54

4830.
North Carolina
Frankey Toliver
widow of Jesse Toliver NC
who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 55 Dollars 00 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 21st day of May, 1849 and sent to Noah Song
Jefferson,
Ash Co.
N.C.
Recorded on Roll of Pensioners under act January 2, 1848, Page 243 Vol. 1
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Northcarolina} On this 31st day of May 1847
Ashe County} personally appeared before John S. Tappar one of the Justices for said County Solomon Toliver after Being Duly Sworn according to Law Doth on his oath make the following Declaration with Regard to the family Record of the ages of the children of Jesse Toliver Dec'd. & Franky Toliver his wife Deposeth and say as follows he has the Bible in his possession Containing the family Record which was made more than 25 years ago By the Request of Jesse Toliver Dec'd.
Jane Toliver was Born 6th July 1783
Susanah Toliver was born 14 Feb. 1785
Sarah Toliver was born 9 May 1786
John Toliver was Born 20 June 1788
Matha Toliver was Born 13 March 1797
Jacob Toliver was Born 26 July 1799
Allen Toliver was Born 18 July 1802
Solomon Toliver was Born 13 May 1804
Stailing Toliver was Born 13 March 1806
Hiram Toliver was Born 10 March 1808
Sworn to and Subscribe Day and year above written
[Signature] Solomon Toliver

Witness
Jno. S. Tappar JP

Samuel Phipps after Being Duly sworn according to Law Deposeth and say as follows with Regard to the marriage of Jesse Toliver & wife Franky states they was married
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for the year 1782 The Reason I Entertain that Belief from the Record which  kept when I moved to Ashe County Bareing Date May 1781 I well Recollect that I Lived here over one year Before they was married I have Lived within ten miles of him upto his Death and Never heard his marriage Doubted still Lives Near the widow
sworn to & subscribed this 31st May 1847
[Signature illegible] Phips

Witness
Jno. W. S. Tappar JP


Elizabeth Scott after Being Duly sworn according to law Deposeth & say as follows with Regard to the marriage of Jesse Toliver & wife Franky she states that it is her belief that they was married in october 1782 The Reson I Entertain that Belief is I well Recollect I was in my 13th year at the Time of their marriage by the Record of my age which bares date the 15 of March 1770 she also states that she has Lived not Exceeding five miles form them Ever since and their marriage has never Been Doubted
Sworn to & subscribed this 31st of May 1847
[Signature] Elizabeth Scott X her mark
Witness
Jno. S. Taper JP

Barnabas Eviz after Being Duly sworn according to Law Deposeth & say as follows with Regard to the marriage of Jesse Toliver & Franky his wife I have knowed
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them for upward of fifty years and Never has heard their marriages Doubted they have Lived an agreeable Life and Raised a Respectable family By that Reason I Entertain the were Lawfull married we have Lived Neighbors for fortyseven years he also states that he is upwards of sevetyseven 
Sworn to & subscribed this 31st May 1747
[Signature]  Barnabas Ewing X his mark
Witness
Jno. S. Tappar JP

I Certifythat I am acquainted with Solomon Toliver samuel Phips Elizabeth Scott Barnabas Ewing and do Certify the  are ceditable and Respectable Witnyses and worthy of Belief

[Signature] Jno. S. Tapper JP
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State of North Carolina} I John Ray Clerk of the Ashe County} Court of Pleas  & quarter Sessions for the County of Ashe do Certify that John S. Tappar whose Signature appears t the foregoing proceeding is an acting Magistrate in & for the County of Ashe & that due faith & credit Should be Given to his official acts as such in Testamony whereof I have hereunto set my hand & affixed the seal of my office this 31st day of June A D 1847
[Signature] John Ray Clk
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FAMILY RECORD.
MARRIAGES.
Jacob Tolliver was
born February the 17th 1831
Jesse Tolliver was born august 19th 1832
Page 9


[678]
FAMILY RECORD.
BIRTHS.
frankery Stamper was bornd the [smudge] 1767
hisum toliver was bornd March the 10 day 1808
Charity Fender was Bornd December 4th 1813
Allen Fender was Bornd April the 4, 1615
Franky Fener was Bornd March 7 1817
Sary Fender was born Decembe the 25 1818
Nimrod fender was Born october the 27 1820
Jess Fender was october th 2 1822
Jane Fender was born february th 20 1824
John Fender was born March th 13 1794
BIRTHS.
Nancy fender was bornd febuary th 10 1826
Frankey Toliver was born November th 22nd 1829.
Susan Fender was born august th 7 1830
Jacob Toliver was borned Febuary the 17th 1831
Allen Toliver Born July 7t 1831
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John tolivery
Jesse Toliver FAMILY RECORD.
BIRTHS.
gene toliver was bornd July the 6 1783
SuSan toliver was bornd february 16 1785
john toliver was bornd june the 02 1788
Sary tolivery was bornd May the 1786
jacob toliver was bornd D july the 26 1799
allen toliver ws bound july 18 1802
Marthy toliver was bornd March 13 1797
Solomon toliver was bornd May the 13 1804
Starling toliver was bornd March 13 1806

DEATHS.
Franky Toliver was Born December th 6th A.D. 1827.
Margaret Toliver was Born June the 20th A.D. 1829 -
Phebe Toliver was Born September the 24th A.D. 1830
Calvin Toliver was Born July the 9th A.D. 1832
Callaway Toliver was Born July 8th A.D. 1834
Melvin Toliver was Born October 23 A.D. 1835
Malinda Toliver was Born June the 18th A.D. 1837
Alexander H. Toliver was Born July the 12th A.D. 1839
Granville Toliver was Born April the 12th A.D. 1841
Clark Toliver was Born August the 4 A.D. 1846
Creed Toliver was Born August the 4 A.D. 1846
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FAMILY RECORD.
DEATHS.
Frances Tolliver 
B. 1838
G- 1897 = 11
Frances Tolliver was born the 6 of December b1838 - g1897 = 59 years old
Margaret Tolliver was born the 20 of June 
1838
1829 = 9 years old
Pheby Tolliver born the 24 of September 
1838
1830 = 8 years
Calvin Tolliver was born the 9th of July
1838
1832 = 6 years old
Calloway Tolliver born the 8th of July
1838
1834 = 4 years old
Nelvin Tolliver as born the 23 of october
1838
1835 = 3 years old
Malinda Tolliver was born the 16 of June 
1838
1837 = 1 year old
Alexander Hamilton Tolliver - was born July 12th 1839
Granvile Toliver was born April the 19th 1841 - 

DEATHS.
Sarah Ann Toliver was Born the 6th Day of November A.D. 1843
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Declaration in order to obtain the benefit of the act of Congress of the 7th of June 1832 -
State of North Carolina} On this 1st day of March
Ashe County.} 1834 personally appeared before us the undersigned two of the acting Justices of the peace for said county and State aforesaid aged seventy eight years as he believing has no record of his age. who first being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of of the act of Congress passed June 7th 1832 - that he was born in the state of Virginia Fauquir [Fauquier] county. that when young his father removed to James River about 30 miles above Richmond in Virginia lived there about 3 years & removed to Wilkes County North Carolina four or five years before the Revolution was in this part of the Country and that he entered the service of his country when about 18 or 19 years of age as a volunteer & as a Ranger under the following named officers. William Lenoir was Captain & Barnett Owens was Lieutenant that he with the Company was ranging the county or Rudy River & new River two months against our station when ranging was at the head of Rudy's River & at old firsts on moon River the Cherokee Indians & then were marched to the Cherokee nation on Tennessee River, we were - marched by the Catawba River and on Swannans [Swannanoa] & then by Pidgeon Rivers and by Suchase ga [Suches Ga] and into the Indian Towns on Tennessee we Burnt & distroyed the Indian town & huts that we found. Stayed in that part of the county three months had no fighting as the Indians fled when we came in the nation. Captain Cleveland and his Company was there. Martin Armstrong was Colonel & Gen'l. Rutherford was Commander
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in Chief the troops was then marched back & discharged The second term of my service again a volunteer under Captain Lenoir & Colonel - Hundon we were marched from Wilkes County through Iredell up hunting creek & through the duth [Dutch] settlement on the waters of the Catawba against the tory the Battle was fought when we were in about ten or fifteen miles of the place and when we was arrived saw the dead lying on the field the torys was defeated and we were marched home after being out in the service two months - The third term of my service again a volunteer under Captain William Lenoir against the torys that was commanded by one sale Coffee or one Roberts as he understood we were marched from Wilkes County to the Catawba we pursued the tories as they retreated until they Joined the British army near King's Mountain under an Forguson the time that I served in this trip was one month and a half we were then marched back home. The fourth term of my service again a volunteer under Captain Lenoir & Colonel Campbell for the purpose o Joining the Army at King's Mountain we marched from Wilkes County up the Yadkin River to Johns River by Morganton by the Cow pens and that all that had Horses went on & left the foot men & got to the Battle that was fought at Kings Mountain The Battle was fought before the foot men arrived - as I was one of them we met part of the Army with the prisoners & I was put as one of the guard over them & went with the prisoners to Salem and to the old town stayed then until my three months was out an then returned home & the fifth term of my service again a volunteer under Captain Lenoir against the British that was plundering and doing other
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other depredations  - near Salisbury in Rowan County and Stokes County where we got them found that our force was not able to come to battle in retreated and come home & stayed about two weeks collecting some reinforcement and then we were marched by Guilford Court House to the high Rick ford on Haw River in Orange County. There we joined General Greens Army we lay there some time and while there Colonel Micajah Lewis was the colonel of the Regiment that I I belonged to, he the said colonel went with some others to spy out the force of Cornwallis Army and got shot. I well remember to have seen him after he died. I saw General green and I believe that General Sumpter was there. I was in service during the two last above mentioned terms five months. and then we marched home. I was with Captain Lenoir some other small trips in collecting horse & cattle for to hire substituting in place of drafted men that Lay out and would not fight for their country and some that short trips in pursuing small parties of torys - I never obtained any discharge as my Captain went and come home with me. I have no documentary evidence of my servicing and the surviving that is now living that was with me is living at a considerable distance from me Captain now Gen'l. Lenoir is still living in Wilkes County and some others is there as I understand But I have been for some years unable & still is so that I cannot travel to see them soon after the war was over I removed to New River now Ashe County. North Carolina and have lived here ever since he hereby relinquishes any claim whatever to a pension
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or annuity except the present and declares that his name is not on the pension roll of the agency of any State sworn to before us this day & year above written.
[Signature] Jesse Toliver [blank] his mark

State of North Carolina}
Ashe County.} One Drury Senter a clergyman and  James M. Millan residents of the county & state aforesaid hereby certify that we are well acquainted with Jesse Toliver who has subscribed and sworn to the above declaration that we believe him to be about seventy eight years of age that he is reputed and believed in the neighborhood where he resided to have been a soldier of the Revolution and that we concur in that opinion.  Sworn to and subscribed before us this 18th day March 1834 - 
[Signatures] During Senter  James M. Miklan

State of North Carolina} and we the undersigned
Ashe County.} two of the acting Magistrates or Justices of the peace for said county & state aforesaid do hereby certify that after putting the several interrogatorys prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states and we further certifies that it appears to us that Drury Senter who has signed the proceeding certificate is a Baptist clergyman resident in the county aforesaid and that [blank] who has also asigned the same is a resident of the county county aforesaid is a creditable person and that their statement is entitled to credit and we the aforesaid Justices do further certify that we are well acquainted with Jesse Toliver who has
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Sworn to and subscribed the above declaration is unable to attend court from bodily infirmity given under our hand and seals this 18th day March 1834 - [Signature] Alex. B. McMillan

State of North Carolina}
Ashe County}
 I John Ray Clerk of Ashe County do hereby certify James Maxwell and B McMillan who has asigned the foregoing declaration and affidavits and certificates are acting Justices of the peace in and for said county and that their signatures hereunto annexed are - genuine given under my hand at office this 18th day of March 1834.
Jno. Ray - clerk [Signature]
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State of North Carolina}
Ashe County.} SS
On this twenty seventh day of December In the year of our lord one thousand eight hundred and forty two Justice of the peace for the county of Ashe and State of North Carolina Franky Toliver (being too aged and helpless and infirm to attend the court of Ashe county to make her declaration a resident of Ashe County North Carolina, aged seventy six years the following Sept. who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provisions made by the acts of Congress passed July 7th 1838, the 7th entitled "an act granting half pay and pensions to certain widows: "That she is the widow of Jesse Toliver a private in the army of the revolutionary war and heretofore a pensioner upon the roll of the revolutionary army as will more firmly appear from the pension certificate, and records of the war Department - that he was born in Fauquier County Virginia, on the Rappahannock River removed shorty after to James River 30 miles above Richmond and remained three years, then removed to Wilkes County North Carolina lived about 5 or 6 years before the Revolutionary war. That he entered the service at 18 or 19 years of age as a volunteer under Capt. William Lenoir and Lieu. Barnet Owens against the Cherokee Indians on Readies River New River two months: then marched to the Cherokee nation on the Tennessee River four months there was no fighting as the Indians ran away. General Rutherford commanding Capt. Cleveland and his company who presentation is 2nd trip of two months as a volunteer under Capt. Lenoir and Col. Herndon to Ramsours mill on the Catawba, against the Tories & British The battle was fought when he was in about
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ten miles of the place and the Tories and British defeated and saw the dead lying thick when he arrived there. The 3rd trip of three months was under Capt. Lenoir and Col. Campbell to Kings Mountain he deceased husband was not in the battle, as he lost his horse, and was left a foot, he met the prisoners and guarded them to Salem and the Old Town in North Carolina; The 4th trip of one month and a half as a volunteer under Capt. Lenoir against the British under Cornwallis on the Yadkin about Salisbury and the troops being too weak to fight retreated and came home, being reinforced in about two weeks he marched to the high  Rock with Lenoir still capt. and Micajah Lewis, Col: who was killed while at the ford on Haw River, now Orange County and then joined Gen'l. Greens army and were stationed there three months - He saw Gen'l. Green and believed that Gen'l. Sumpter was also there as when his tour of service expir'd returned home. Went as before under Capt. Lenoir on on the Catawba against the Tories, who were embodied under one  Sale Coffee and one Roberts as officers pursued them untill they joined the British Army at Kings and before going to Kings Mountain he also wen several trips of two weeks on getting beef and provisions for the army. She further declares that she was married to the said Jesse Toliver now deceased on the 1st or 2d day of april A.D. 1782 in the years Seventeen hundred and eighty two that her said husband Jesse Toliver died on the fourth day of March A.D. 1838 that she was married to him prior to the first of January seventeen hundred & ninety four to wit at the time above named.  Sworn to and subscribed on the day and year above written before me
[Signatures]  Franky Toliver [curved line] her mark
Witness Jas. Maxwell JP
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N. 4086
Jesse Toliver

February 10, 1931
Rev & 1812 Wars Section
AWF: kLB ow

Mrs. H. E. Hogett
1241 Third Avenue
Longmont, Colorado

Dear Madam:

You are advised that it appears from the papers in the Revolutionary War pension claim, W. 4086, that Jesse Toliver was born in Fauquier County, Virginia, date not stated, and moved when young with his father, whose name is not given to near Richmond, Virginia and later to Wilkes County North Carolina.
While residing in Wilkes County, North Carolina, he enlisted and served as private with the North Carolina troops as follows; in 1776, five months in Captain William Lenoir's expedition against the Cherokee Indians; in 1780, two months in Captain Lenoir's company, colonel Herndon's regiment; again one and on-half months in Captain Lenoir's company under Colonel Campbell; in 1781, five months in Captain Lenoir's company, Colonel Macajah Lewis'  regiment.
He was allowed pension on on his application executed March 2. 1834, at which time he was aged seventy-eight years and living in Ashe County, North Carolina.
He died February 7, or March 4, 1838.
The soldier married April 1 or 2, or October 8,1782, Frankey Stamper, who was born February 6 or 14, 1767.
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The soldier's widow, Frankey, was allowed pension on her application executed December 27, 1842, while a resident of Ashe County, North Carolina.
Their children:
Jane born July 6, 1783
Susan or Susannah born February 14, 1785
Sarah born May 9, 1786
John born June 20, 1788
Martha born March 13, 1797
Jacob born July 25, 1799
Allen born July 18, 1802
Solomon born May 13, 1804
Starling born March 13, 1806
Hiram born March 10, 1808

Very truly yours

E. W. MORGAN
Acting Commissioner

The other family record I did not send  - as it was not furnished before - and there is no way to determine what relationship any of them wee awf
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State of North Carolina}
Ashe County}

Declaration to obtain the benefit of Congress passed 23 January 1845 and also for the relief of widows of Revolutionary soldiers &c.
Franky Toliver widow of Jesse Toliver late a pensioner of the United State maketh oath that she is the widow & late the wife of said Jesse Toliver who she is informed and believes served in the service of the United States as mentioned in his declaration to obtain a Pension - That she was married to said Jesse Toliver before 1794 - That this is the claim the benefit of the Resolutions & Act above alluded to.
Sworn to a subscribed before me 20th april 1849
[Signatures]
Franky Toliver X her mark
Tester
Jno. Gambill JP
Page 22

State of North Carolina
Ashe County
We the undersigned Samuel H. Thompson and Allen Toliver: do hereby certify that Franky Toliver who has signed the foregoing Declaration is the widow of Jesse Toliver late and Pensioner of the United States and that it has long been so understood in our neighborhood. Sworn to before me this 20th april 1849.
[Signatures] Sam'l. W. Thompson
Allen Toliver X his mark
Teste
Jno. Gambill JP
Page 23

State of North Carolina Ashe Co. I John Ray Clerk of the court of Please & quarter Sessions in & for said county of Ash do certify that John Gambil is an acting Justice of the Peace in and for said county duly commissioned & sworn & that full faith & credit are due his official acts as such
In Testimony whereof I have hereunto set my hand & affixed the seal of my office at Jefferson in Ashe County N.C. this the 20th day  of April 1849.
[Signature]  Jno. Ray Clk
Page 24

Mr. J. L. Edwards
Washington City D.C.
Pension Office

Grayson C H
Feb. 28

Comon will not newer the 
within as sufficient

March 6 1848
Solomon Toliver for heirs of Jesse
Page 25

N Carolina Ashe County Feb. 26th 1848
Mr. J. L. Edwards, D Sir
having rec'd. a letter from you requesting me to send to you the family bible of Jesse Toliver being It is a large bible and being in possession of myself. I have the honor to Enclose and have sent to you all the Family record that said bible contains of Jesse Toliver & others you will perceive there has been a mistake in the recording of some of the ages of some of the Family as some of the youngest has been recorded first &c
Yours Very Respectfully
Solomon Toliver
Viz. please to send this record back [illegible] Jefferson Ashe County N.C. Capt. Noah Lory
Page 26

House Representatives
Washington, May 9, 1846

Sir,

I enclose you additional testimony to establish the marriage of Mrs. Frankey Toliver whos application for a pension is a file in your office. I think the marriage is fully established. Please examine the case at your earliest convenience and report me the result.
I am, very respectfully,
Your obt. servant
David P. Reid. [Signature]

Hon. J. L. Edwards.
Page 27

Clerks Certif't
of Wilkes, cty.
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North Carolina
W. Mastin Clerk of the Court of Wilkes County do certify that I have examined the files in my office for the marriage bond and Licince of Jesse Tolevir   and Bauky Stamper and that said file do not contain any evidence of the marriage of the said Jesse Tolevir & Bauky Stamper, I further Certify that the records previous to 1794 was verry imperfectly kept.
In testimony whereof I have hereunto set my hand and affixed the seal of said court of office April 15th 1846

W. Mastin Clk [Signature]
Page 29

Jesse Toliver
30.318 -

Admit as private
16 1/2 month $55 =
Page 30

State of North Carolina}
Ashe County}
Be it known that before me the subscriber a Justice of the peace for said County personally appeared Joseph Privet and made oath in due form of law that he was well acquainted with Jesse Toliver who is now a  resident of said County N.C. but in the war he lived near Wilkes Barnaugh and that the said Jesse belonged to a company and that the said Jesse belonged to a company commanded by Captain William Lenoir and that the the said Jesse went with him to the indian nation on the Fucheysiga tennessee and High wassee [Hiwassee] and staid in that part of the Country months as well as he recollects and also that he said him and was with him about fifteen days as he win to Kings mountain and believes that he saw him in the army some time but don't recollect where but understood that he was a good eat in the service
Sworn to before me and subscribed this 16th day of March 1834
[Signatures]  Joseph Privett A his mark
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State of North Carolina}
Wilkes County} SS.
Be it known that before me the subscribed a Justice of the Peace in & for said County personally appeared Gen'l. William Lenoir, and made oath in due form of law, that he was well acquainted with one Jesse Toliver now of Ashe County N. C. during the Revolutionary War. that the said Jesse belonged to a company of Militia commanded by himself during a part of the time of that arduous and difficult period - and that the said Jesse performed several tours of Militia duty under him, both against the Indians, British and Tories, but the particular length of each tour, or the particular circumstances under which they were performed, this deponent cannot from the lapse of time and loss of memory pretend to recollect - he is however satisfied that the said Jesse Toliver performed much service under him, as any other individual ever under his command during the period aforesaid. This deponent further states that the militia commanded by him and to which the said Jesse Toliver belonged were called out in the way most usual at that time then being nothing like complete organization or arrangement existing owing to the disturbed state of the Country- 
[Signature] Wm. Lenoir
Sworn to & subscribed before me]
this 12th day of March 1834}
John Martin JP
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State of North Carolina
Wilkes County

I William Mastin Clerk of the County Court of Pleas and quarter sessions for the County of Wilkes in the State aforesaid do certify that John Martin Esquire who signed the annexed affidavit is one of the acting Justices in and for the County of Wilkes and is Signature is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said office at Wilkesboro this 13th day of March A.D. 1834
[Signature] Wm. Mastin CCC
Page 33

Jesse Toliver N.C. act 7 June 1832, $55.00 per an.
To what time was he last paid?
Pension Office
May 16, 1849}

G.C.A.
Pd. to 4th March 1838
BSB
Page 34

Hon. J. L. Edwards
Com. of Pensions
War Deptmt
Washington City
DC

Gap Civil nc
may 3rd 49

W. Ames
Frankey Toliver
NC
Page 35

Jefferson North Carolina Ashe County 21st April 1849
Hon. J.. L.. Eawards
com of Pentions

my Dear sir

I have the honor to enclose the Declaration of Frankey Toliver the widow of Jesse Toliver  Deceased - in order to obtain a certificate - if there is any mistake in the Declaration please forward and answer as soon as convenient to Jefferson NC to me
I have the honor to be very respectfully Your obt. srvt.

[Signature] Noah Long
Page 36

State of North Carolina}
Ashe County}
Be it known that before the subscriber Justice of the peace in and for Ashe county aforesaid on the 15th day of January 1849 personally appeared, Ann Austin and made oath in due form of law, that she is well acquainted with Frankey Toliver widow of Jesse Toliver dec'd. who was a Pensioner of the U.S. for services in the Revolutionary War - this affiant was acquainted with said Frankey and was her playmate before either was married - that she (this affiant) knows that said Frankey and Jesse Toliver lived together as man & wife before the year 1792 - affiant knows it because she (affiant) was married in February 1791, and her eldest son was Wm. Austin was born Oct. 1793 and during all this time Jesse Toliver and Frankey Toliver lived together as man and wife Ann Austin (this affiant) was born January 12th 1794 according to the best of her knowledge and belief she having a Record of her age of the Precise date above mentioned - sworn to and subscribe the day and year first above mentioned.
[Signature] Ann Austin X her mark
Before me 
attest
John Parsons JP
Page 37

State of North Carolina}
Ashe County}
Be it know that before the subscriber a Justice of the Peace in and for said County on the 9th day of January 1849 personally appeared Nancy Gambill ( a very old lady) and made oath in due form of law that she was well acquainted with Frankey Toliver ever since she was quite small, she was then Frankey Stamper this affiant often went to the mill belonging to the father of said Frankey Toliver, (then Stamper) this affiant remembers well of hearing of the marriage of said Frankey with Jesse Toliver and recollects well that it was before the birth of my second child, which was born in June 1785 - I the said Nancy Gambill was moving the 23rd day of September 1777 - my first child was born June 12th 1779 - my second June 1785 - affiant - swears that according to the best of her recollection  & belie that Jesse Toliver and Frankey Toliver were married in the year 1785 or thereabouts - Sworn to and subscribed the day & Year first above written [Signature] Nancy Gambill [looks like the top of a question mark] her mark
Before me
attest
[Signature] Enoch W. Baldwin JP
Page 38

State of North Carolina}
Ashe County}
Be it known that before the subscribed a Justice of the peace in and for the County aforesaid on the 11th day of January 1849 personally appeared John cox and made oath in due form of law that he was acquainted with Frankey Toliver the widow of Jesse Toliver Deceased and well acquainted with Jesse Toliver ever since I was quite small boy and this affiant recollects well being at mill and seeing of Jesse Toliver fixing to go to see his wife Frankey then Stamper affiant swears he was not at their marriage but he heard of them being married at the time they was married affiant states according to the best of his recollection he was at mill and seed Jesse Toliver  taking of his wife Frankey home after there marriage affiant recollects well that Jesse Toliver and his wife Frankey having of three or four children before he was married affiant was married the 8th day of February 1795 - and having a record of the same - sworn to and subscribed the day & year first above written before me
 John Cox [Signature]
attest 
Wm. Wayatt JP
Page 39

State of North Carolina
Ashe  County
We the undersigned do hereby certify and wear that we believe and are fully satisfied that Frankey Toliver the present applicant for a pension is the same woman attended to in the affidavits of Ann Austin and Nancy Gambill & John Cox hereunto attached 
Sworn to and subscribed this 13th day of January 1849
Before me 
attest
[Signatures]
John Parsons JP
Noah Long
John Austin

State of North Carolina}
Ashe County}
Be it known that we the undersigned a Justice of the peace & a force holder of said Ashe County do hereby certify that Ann Austin & Nancy Gambill & John Cox are both old ladies of this county and are well worthy & entitled to credit on their oaths or otherwise
Given under our hands & seals - 
John Parsons J.P. [seal]
John Austin [seal]
Noah Long [seal]
Page 40

State of North Carolina}
Ashe County}
I John Ray Clerk of the court of Pleas and quarter sessions in & for the county of Ashe aforesaid certify that Enoch W. Baldwin Wm. Wyatt and John Parsons whose signatures appear to the foregoing affidavits are Justices of the peace duly commissioned & sworn and that full faith & credit are due to their official act as such
In Testimony whereof I have hereunto subscribed my name and affixed the seal of my office this 17th day of January A. D. 1849
Jno. Ray CCC
By Jno.  Gentrey DC
Page 41

State of North Carolina}
Ashe County - }
This day appeared before me the undersigned one of the acting Justices of the peace for said county, Elizabeth Scott & who after being duly sworn upon the Holy Evangelist of Almighty God, deposeth and says that she well recollects that Frankey Toliver who has made application for a pension as the widow of Jesse Toliver deceased, called on her mother and borrowed a saddle to ride to get married and that it was in the month of October 1782 as she fully believes - she was well acquainted with the said Frankey before said marriage and since even up to this day as she & her husband lived in this neighborhood ever since until the death of Jesse Toliver and there never has been any reason or suspicion that they were not married. Sworn to before me this 27th day of April 1846 [Signature Eliz. Scott X her mark

[Signature] A. N. McMillian JP

Solomon Scott being sworn states that he has been well acquainted with Franky Toliver the widdow of Jesse Toliver deceased for near sixty years. and for the last fifty years lived in the same neighborhood and never heard it ever surmised that they were not married.
Sworn to before me this 27th day of April 1846
[Signatures] Solomon Scott

A. N. McMillan JP
Page 42

Solomon Toliver swears that he is the son of Jesse Toliver deceast and that at the sale of his fathers property after his death he purchased the Family Bible which contains the ages of all his children which is the hand writing of my oldest brother. as my Father could not write, but I have often heard my father admit that it was a correct record, which in part is as follows. Sam Toliver was born July 6th 1783, susan Toliver was born Feby 14th 1785 Sary Toliver was born may 9th day 1786 - John Toliver was born June 20th day 1788 Marthy Toliver was born March 13th day 1797
Sworn to before me this 27th. day of April 1846
A. B. McMillan JP    [Signature illegible]

I certify that I am well acquainted with Elizabeth Scott, Solomon Scott, & Solomon Toliver who has been this day sworn before me and say that they are all reputed proper and worthy of belief.
April 27th day 1846.
A. B. McMillan
Page 43

State of North Carolina}
Ashe County}
I John Ray Clerk of the Court of Please & quarte sessions in & for said count of Ashe do certify that Alexander B. McMillan whose signature appears to the foregoing several affidavits &c is and was at the time of the dating of said affidavits &c an acting justice of the peace in and for said county of Ashe and that the foregoing signatures purporting to be his are genuine.
In Testimony whereof I have hereunto set my hand & affixed the seal of my office at Jefferson this 30th day of April A.D. 1846
John Ray CCC
By R. Murchison D.C.

State of North Carolina}
Ashe County}
I Samuel Sapp Chairman protem [pro tem] of the Court of Pleas & quarter sessions in & for said county of Ashe do certify that John ray is the lawful clerk of said court & the rightful keeper of the seal of said Court and that R. Murchison whose signature appears above is his lawful deputy  -
Given under my hand the 30th day of April 1846 Sam'l Sapp Ch. protem
Page 44

State of North Carolina}
Ashe County} ss.
I John Ray Clerk of the Court of Pleas & quarter sessions in & for said county certify that there is no record in my office showing the marriage of Jesse Toliver & his wife Franky for this reason the reason that the county of Ashe was organized in the year 1800 - taken off (Wilkes Co.) - but I also certify that it has always been reported and believed that Franky Toliver was the lawful wife of Jesse Toliver dec'd. late pensioner of the United States
Given under my hand this 30th day of April A.D. 1846   John Ray CCC
By R. Murchisen
Page 45

State of North Carolina}
Ashe County} This day came John Toliver personally before me the undersigned one of the acting Justices of the peace for the count & state - aforesaid, and after being duly sworn upon the Holy evangilist of Almighty God. deposeth and says. That Jesse Toliver was married to Frankey his wife about the 8th day of October 1782 as he fully believes, and that he was present at said marriage and that one William Hammons a regular Baptist minister married them, and that some other persons was present but as far as he knows they are all now dead. The marriage was made in the then usual way in this part of the country by publishing the Bans of matrimony and do not know when the License or Bone is. if any, and has been informed that neither can be found. I know that they have lived together as man & wife about fifty six years and until his death which took place the 7th Feby. 1838, and for all the above period of time I have been personally acquainted with them and still know the widow. a she lives in a few miles of me now, I further know that she Frankey Toliver has never been married to no other person and I further know that Jesse Toliver her husband got a pension up to his death.
Page 46

Sworn to before me this 29th day of August 1845. [Signature] John Toliver X his mark
Alen B. McMillan J. P.

State of North Carolina} I John Ray Clerk of the 
Ashe County} Court of Pleas & quarter sessions for Ashe County do certify that Alexaner B. McMillan whose signatures as such appears to the above Affidavit of John Toliver is and was at the time of his Attestation an acting Justice of the peace for Ashe County & that full faith & Credit should be given to all his official acts as such in Testamony whereof I have hereunto set my name & affixed the seal of my office the 6th day of December  1845 [Signature] Jno. Ray CCC

State of North Carolina} I George Bowne
Ashe County} chairman of Ashe County of Pleas & quarter sessions certify that John Ray who maid the above certificate is and was at the time of his said signature the acting clerk of said court Witness my hand and seal this 6th day of December A.D. 1845
[Signature] Geo. T Bowon chairman
Page 47

Washington City
April 3, 1847.
Sir,
 I have again to trouble you by asking that you will inform me what proof is wanting in the case of Franky Toliver who is an applicant for a pension. You have given me this information several times and it has as often been sent to her, but she informs me that it has never been received.
I am very respectfully,
Your obt. servant
David S. Reid.

Hon. J. L. Edwards,
Com. of Pensions,
Washington.
Page 48

Jefferson N.C. Oct 7th 1847
Hon. Jas. L. Edwards
Com. Pensions
Sir. Enclosed please find some affidavits &c relative to the application of Franky Toliver of this (Ashe) County N.. for a pension - I presume the other papers relative to her claim are on file in your office - the paper here inclosed was handed to me by a friend of the old lady - with request that I should forward the same to you & ask the favor of you to inform me of the prospects &c - 
In haste
your most obt. svt
R. Merchison

P.S. Should action on the case be had before the meeting of Congress I beg leave to refer you to Hon. Nathaniel Boyden Representative elect from our Dist. to Cong. - who will state as to the credibility of witnesses &c - he has promised to call  do so - 
R M
Page 49

Dear Sir
Enclosed is the application of Franky Toliver for a pension. Respectfully
Nathaniel Boyden
House of Reps.
Jun 25th 1849
Page 50

Pension Office
Fayetteville June 27th 1853
Sir,
Mrs. Frankey Toliver "Widow of Jesse" a pensioner per act of 2nd Feb. 1848, has been paid at this Agency. to 4th  day of September 1857 at $55.00. The Ann. - she now resides in the county of Ashe and request that she be Transfered to the Asheville Agency.
[Signature] James Dean for 
James [illegible]
James [illegible] Agt.

Hon. L. P. Waldo Esq.
Commissioner of Pensions
Washington City
Page 51

Washington Dec. 1. 1854

Dear Sri
The enclosed letter was received this morning. Please inform me if the [illegible] of Mrs. Toliver case be placed upon the list in Fayetteville so as to enable her to draw arrearage and what may be coming, in future. Give me the [illegible]  of any amt. [illegible] to enable her to obtain her money She informs me whether under existing laws she is entitled to any other pensions or to land
Yours Respectfully
N. C. Puryear
Return the letter of Mr. McMillan with the enclosed also
Page 52

L. P. Waldo Esq.
Page 53

Washington DC
6 Jany
Dear Sir

When at your office to day I promised to return you the enclosed papers that you might asertain if the pension - due Mrs. Toliver could be paid in Fayetteville instead of Asheville which would be greatly preferable in this case. Please have the change made if not not incompatible with the rule. Return me the papers with your as soon as enumerated.
respectfully
R  C Rayson
Page 54

N.C.
Franky Tolvein
Letter Inclosed in one from JB Sawyer (which contains also enquiry as to Bounty land case) - Sawyer asks instruction to Agent to have when he answers 3rd June letter of reply to Sawyer.

J. B. Sawyer
Asheville
N.C.
Page 55

Dear Sir
I have been requested to enquire of you if the commissioner of pensions has directed that Franky Toliver widow of Jesse Toliver a pensioner has been ordered to be placed on  your list of pensioners and if he has directed you to pay her pension. I have made application to the commissioner of pensions at Washington City & he write in some months since that he had directed you to place he name on the Books at Asheville and that her pension would be paid there. She originally received her pension at Fayetteville and has been kept out of her money for over two years by the change in offices for paying pensions. Let me hear from you as early as your convenience will admit and let me know if her money can be got at your office
Your Respectfully
Alen B. McMillan

June 14th 1854 -
Direct your letter to Gap civil Ashe County.
Page 56


Pension Office
Asheville N.C.
July 10th 1854

Honorable S. P. Waldo
Sir I have received yours of the 30th June inquiring of why I have refused to pay the Pension of Frankey Toliver. I have no recollection about it. I only know that I certainly [illegible] pay it at anytime the proper papers are presented to me - I have so many vouchers offered that are not in order (that without recollecting this particular case) I presume some thing of the kind has been the reason of my refusal
Very Respectfully
Your obt. srvt.
J.F.E. Hardy
P Agent
Page 57

Ho. Representatives,
Washington, Jan. 15, 1846
Sir
I herewith enclose you the affidavit of John Toliver as additional evidence in the case of Franky Toliver whose papers are on file in your office. I learn hers is a meritorious case. Please examine it an inform me of the result.
I am very respectfully
Your obt. srvt.
David S. Reid.

Hon. J. L. Edwards
Com. of Pensions
Washington
Page 58

208603
Frankey Toliver
N.C.
act 7. July 38
Int. resolution of 23 May 46 & [illegible] July 48
married before 1794
Husband dec'd 4 March 38
July 7. 1838.
Franky Toliver.
Page 59

State of North Carolina}
Ashe County} This day appeared before me James Maxwell an acting Justice of the peace for the County of Ashe and State aforesaid (John Toliver and being sworn in due form of law deposeth  and sayeth that he witnessed the marriage of Jesse Toliver and Franky stamper on the 1st day of April 1782 and that she has remained a widow ever since the death of the said Jesse Toliver. John Toliver, the above Deponent is a competent & credible Witness.
{Signatures]
John Toliver X his mark
J. P. Maxwell JP

State of North Carolina}
Ashe County} I John Ray Clerk of the Court of Pleas and Quarter Sessions for Ashe county and State aforesaid do hereby certify that Jams Maxwell whose signature as a magistrate  appears upon the above proceedings is and was at the time of his said attestation an acting Justice of the peace for said county and that full faith and credit should be given to his official acts as such - 
In Testimony whereof I have hereunto set my hand and affixed the seal of my office this Eleventh day of January 1843
[Signature]  Jno. Ray Clerk
Page 60

Reported
10645
North Carolina
Frankey Toliver
Widow of Jess Toliver who was a pensioner under the Act of 1832 and who died on the 4th March,1838 of Ashe Co in the State of N. C.
who was a Pri. in the com'y commanded by Captain __________of the Reg't. commanded by Col. Armstrong in the Revo. for 16 1/2 mo.
Inscribed on the Roll of N.C. at the rate of 55 Dollars 00 Cents per annum, to commence on the 4th day of March, 1836. & W. Reso. 23rd Jan'y 1845 Certificate of Pension issued the 21st day of May 1849 and sent to Noah Long Jefferson Ashe, Co. N.C.
Total amount, 
[Act July 7, 1838.]
Recorded by Tho. Sumpken Clerk,
Book D Vol. 1 Page 301
Page 61

[8550
North Carolina
Frankey Toliver widow of Jesse Toliver who was a Private in the Resolution Husband died 4 March, 1838
Inscribed on the Roll at the rate of 55 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 21st day of May, 1849. and sent to Noah Long, Jefferson, Ashe Co. N.C.
[Acts of March 3, 1843 & June 17, 1844.]
Recorded in Book A Vol. 2 Page 161
Page 62

No 8603
Frankey Toliver wo of Jesse NC
act 7 July 1838 & Joint resolution of 23 Jany 1845 and 1st July 1848
Admt $55.- per ann
frm 4  March 1831
adm. act 43, 44 48 $55.00 frm 4 March 1845

Noah Long
 Jefferson Ash Co. N.C.
Page 63

8603
Hon. A Mitchell Jany 24 '43
Hon. DJ. Reid Jany 19.46
Hon. DJ. Reid May 18. 46
Hon. DJ. Reid Apl. 5 1847
Let to R. Marchison Nov. 6. '47
Let to Solomon Toliver Sept. 18th '48
Hon. ch'n Boydon March 3, 49
7 th July, 1838
Page 64

1916 Jan. 6: history to Miss Edna Teffy. MBH
1918 June 7 Hist. to Mrs. A. H. McCleary (Terry)
1931 - Feb. 10 - Hist. to Mrs. H. E. Hogsett - see her letter in Joel Stamper S 3999case.

Rev'y. WIDOW, &c.
File No. 4086
Frankey Toliver Wid. Jesse Toliver
Prt. Rev. War
Act. Feby. 2nd, 48
Index:-Vol. M, Page 278

[Arrangement of 1870.]
Page 65

April 15, 1824. 
Mrs. A. H. McClurg, 
1241 Third Ave., 
Longmont, Colo. 
Madam; 
I have to advise you that you were furnished on June 7, 1918 the history of the only Jesse Toliver, found on the Revolutionary War records of this Bureau. Owing to a lack of clerical force available for such purpose, it is not the practice of the Bureau to send the same history twice to the same person. 
In order to make a proper search of the records, for soldiers named Nathaniel Terry, James and John Long, some of the following data is essential -- approximate dates of birth and death, places of residence at enlistment and after service, and any other data you may have in your possession. Only two reports are furnished each inquirer. 
Respectfully, 

Acting Commissioner.
Page 66

3 -- 525 
DEPARTMENT OF THE INTERIOR, 
BUREAU OF PENSIONS. 
Washington, D. C., _____________, 19__ 
In reply to your request of _________, received _________ for a statement of the military history of Jesse Toliver, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. W. 4086 
DATES OF ENLISTMENT OR APPOINTMENT. 
1776
1780 
"
1780 
1781 
LENGTH OF SERVICE. 
5 mos 
2 mos
1 1/2 mos
3 mos
5 mos
RANK. 
Pat
OFFICERS UNDER WHOM SERVICE WAS RENDERED. 
CAPTAIN. 
William Lenoir
              Lenoir
William Lenoir
              Lenor
              Lenoir
COLONEL. 
Martin Armstrong
            Herndon 

            Campbell
 Micajah Lewis 
STATE. 
N.C.
Battles engaged in, An Expedition against Cherokee Indians
Residence of soldier at enlistment, Wilkes Co. N.C. 
Date of application for pension, Mch. 1, 1834. His claim was allowed.
Residence at date of application, Ashe Co., N.C.
Age at date of application, 78 years; born in Fauquier County. Va. Moved where young wife - ?? -  ?? 
Remarks: he married Apr 1 or 2 or Oct. 8 1782. Frankey Stamper b. Feb 14, 1767. He died Feb 7 or Mch 4, 1838 and she was  allowed pension on an application executed Dec 27, 1842 while a resident of Ashe Co. N.C. Children Jane b. July 6, 1783; Susan or Susanah b. Feb 14, 1785; Sarah b. May 9, 1786; John b. June 20, 1788; Martha b. Mch 13, 1797; Jacob b. July 26, 1799; Allen b. July 18, 1802; Solomon b. May 13, 1804; Starling b. Mch 13, 1806; Hiram b. Mch 10, 1808. 
Respectfully, 
6 -- 2856 
Commissioner.
Page 67

Part of this letter from Mrs A. H. McClurg. 1241 - Third Ave - Longment Colo. - was returned as she asked for reports on several soldiers and gave no data. In that it is not the practice of the Bureau to send the same history twice to the same person - Apr 15 1924.
Page 68

should also like to know if there is any record of more than one Jesse Toliver who fought in the Rev. I have the record of one Jessie Toliver who enlisted from Wilkes Co. N. C. His father's name was also Jesse and I think he to was a Rev. Soldier

May 15 1924
U.S. Pension Office
Page 69

Rev Sec 
Deer Lodge Mont. 1918 
To the Commission of Pensions 
Washington D.C. 
In an effort to trace the Rev. Record of Jesse Toliver we have learned through a genealogist employed, that he received a pension for Revolutionary service and have been referred to your Dept. for further information,
We wish to know where and where he was born, married, and died. To whom married. The state from which he enlisted. Co etc. Also if he was an officer. Have always been told that he was a Captain. 
I do not know whether there will be charges for this information or not. If there is please let me know at once how much it is.
We are in a hurry for the record on account of organizing a D.A.R. Chapter. 
Sincerely yours 
Mrs. A. H. Terry McClurg
Page 70

Clinton, Mo. - Rev 
Dec. 31, 1915. 
Commissioner of Pensions 
Washington, D.C 
Dear Sir:- 
Will you kindly send me the pension record of Jesse Toliver, Ashe Co. N.C. who was a pentioner of the Revolution, his pention commencing Mar. 4, 1831. 
Please give all family history recorded. Important to know if James Toliver was oldest child.

Respect., 
Edna Tiffy 

Address - 
Miss Edna Tiffy 
314 W. Jeff. St.
Clinton Mo