Revolutionary War Pension and Bounty Land Warrant Application File R. 39, Peter Fiveash, Va. Sea Service
Page 1

(3 - 1776)

SERVICE
Va. Sea Service

Fiveash, Peter

NUMBER
R. 39
Va. Half Pay

CONTENTS
[blank]
Page 2

Ridley adm of Fiveash
to Power of attorney
Murdaugh
D
Page 3

Know all men by these presents, that I, John Ridley administrator on the Estate of Peter Fiveash deceased, who was a sailing Master in the State Navy of Virginia, during the war of the Revolution, do hereby constitute and appoint James Murdaugh of the County of Norfolk and State of Virginia my true and lawful attorney for me and in my name as administrator as aforesaid to ask, demand and
receive of and from the Treasurer of the United States, Secretary of the Interior, Commissioner of Pensions or other officer of the United States Government appointed for that purpose, the Commutation pay and interest, or the half pay (and interest) for life, due me as administrator as aforesaid under the act of Congress of the 5th July 1832, for the services of the said Peter Fiveash deceased, who was a sailing Master as aforesaid. Full power and authority is hereby vested in my said Attorney to do and perform, or cause to be done any and every act or thing in the premises in as full and ample a manner as I could do if I were personally present at the doing thereof: Hereby
certifying and confirming all and whatsoever my said Attorney shall do in the premises by virtue hereof. And I do hereby covenant, promise and agree to allow and pay to the said James Murdaugh one third part of such sum or sums of money which may be recovered and received as aforesaid, as a fee for compensation for his trouble and expenses in the persecution and recovery of the said half pay claim and interest as aforesaid. Witness
my hand and seal this 23rd day of May 1851.
Jno Ridley
[seal]
administrator HC

State of Virginia
Norfolk County to wit:-
this day John Ridley administrator of Peter Fiveash decd personally appeared before me a Justice of the Peace in  my County aforesaid and acknowledged the above power of attorney to be his act and deed. Given under
my hand and seal this 23rd day of May 1851
John Nash JP
[seal]
Page 4

State of Virginia:
Norfolk County to wit
I Arthur Emmerson Clerk of the County Court of Norfolk County, do hereby certify that John Nash Esqr before whom the within acknowledgment was made is a Justice of the peace in and for the County aforesaid, duly commissioned and sworn
and that the signature thereto is genuine
In testimony thereof I hereto set my hand and annex the seal of said Court this twenty third day of May in the year of our Lord one thousand eight hundred and fifty one and of an Independence the seventy fifth
Arthur Emmerson C
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F

Proof of heirship
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Virginia:
At a Court held for Norfolk County the 19th day of May 1851
Ordered, that it has been made to appear to the County satisfactory evidence that Peter Fireash [sic] now deceased was a sailing Master in the State Navy of Virginia during the war of the Revolution that the said Peter Fireash [sic] was taken a prisoner and carried to the Island of Bermuda where he was closely confined a prisoner until the end of the war. The Court further certifies that the said Peter Fireash [sic] died on the 15th day of July 1779 in the Town of Hampton and left four children viz. Alice Gardner, John Fiveash, Fanny Fiveash and Benjamin Fiveash, that Fanny Fiveash married
Nathaniel William and died leaving a child named John which died an infant leaving as his heirs at law his uncles Benjamin and John Fiveash and his Aunt Alice Gardner his heirs &c. that the said Benjamin Fiveash died without having married, leaving his brother and sister John Fiveash and Alice Gardner his heirs at law, both of whom are now living in the City of Norfolk
I Arthur Emmerson Clerk of the County Court of Norfolk County, do hereby certify that the foregoing is a true transcript from the records of said Court.
In testimony thereof I hereto set my hand and annex the seal of said Court this twenty first day of May in the Year of the Lord one thousand eight hundred and fifty one and of our Independence the seventy fifth
Arthur Emmerson
C. C.
Page 7

MMF

Rev. & 1812 Wars Section
R. 39

March 29, 1936

Miss A. Lou Neilson 
Oxford, Miss.

Madam:

I have to advise you that from the records of this Bureau it appears that Peter Fiveash, while a resident of Hampton, Elizabeth City, County, Virginia, entered the Virginia State Navy early in the Revolution and served as a sailing master on the small cruiser "Scorpion", length
of service not stated.
Also that he was subsequently captured (no details of capture given), imprisoned on the Island of Bermuda and exchanged early in 1783. He died July 15, 1799 in Hampton, Virginia. His age and the name of his wife are
not stated.
He was survived by four children: Alice Gardner, John W. Fiveash, Fanny Fiveash who later married Nathaniel Wilbourne, and they had a son John Wilbourne who died in infancy, and Benjamin Fiveash who never married.
In 1851 the only surviving children, Alice Gardner and

[handwritten in margin]
In Jan. 1940, I was looking in the Va Half Pay letter book & found a Pen. Off. let. dated Sept 13, 1851, in re this solder. Copy it & put it in this case & use any new data, etc. in it for next history
F
Page 8

John W. Fiveash applied in Norfolk, Norfolk County, Virginia, for half pay on account of their father's services, but the claim was not allowed as they failed to furnish specific proof of service as required by the Act of July 5, 1832 under which they applied.
There is no provision of law that would entitle the descendants of said sailor to pension or bounty land.
Respectfully,

WINFIELD SCOTT
Commissioner.
Page 9

No. 39
3111
Heirs Adg

Peter Fiveash
Master
Va Navy
Revolution
Discharged [blank]
4011
H. Pay-Act '32
Received [blank]
[blank] Attorney.
39.

1926, Mch. 9. Hist. to Miss A. Lon Neilson M. M. H. F.
1926 - June 10- Hist. to Miss Alice Reives. See Miss Neilson's letter of Apr. 18-1926 M. M. H.F.
1926 June 22. Mrs. Fannie Davis infd. descendants no title AW
Page 10

Peter Fiveash
Sailing Master
State Navy

Act 5 July 1832
Decision of the Commissioner
rejecting claim affirmed by the 
Secretary of the Interior
See letter within

claim rejected
Page 11

C
Exhibits Nos 1. 2. 3. 4. & 5
Page 12

No 4.
Evidence upon which John Gibson obtained land bounty
Page 13

These are to certifie [sic] that the Berer [sic] hereof Jno Gibson has served in the Navy of this State, as a Seaman & Gunner upwards of five years, and the Later part of his time as sailing master of the State Boat Liberty.
Given under my hand this 1st day
May 1783
Ja: Barron
Comd S.N.

Executive Department
Richmond Va March 19, 1845
I hereby certify that the foregoing is a true copy of a paper on file in this department.
Wm H Richardson Scy Commr
Page 14

Portsmouth Va. Feby 6th 1854

L. P. Waldo Esqr
Com of Pensions
Be pleased to send me  copies of the papers filed in the respective cases of the Representative of Peter Fiveash and Joshua Oldner decd both of whom were sailing Masters in the Virginia State Navy during the War of the Revolution and oblige
your Respectfully
James Murdaugh
Page 15

No. 5
Page 16

Naval claims allowed halfpay

Captains
Richard Barron
Saml Barron
James Barron
George Elliott
George Gonely [Gravely ?]
John Morris
Thos Herbert
Thomas Lilly
Js. Markham
Js. Maxwell
John Porter
John Rogers
Wm Saunder
Wm Skinner
Richard Taylor
John Thomas
Edward Travis
Willis Wilson
Ed. Honeycutt
Wright Westcott
Mark Thomas
[total] 21 Captains

Lieutenants
John Archer
Jesse Cannon x
Geo Catlett
G. Chamberlayne
Thos. Chandler
Js. Dougherty
Shepd. Field
Jesse George
L. Goffigan
Jos. Godwin
Jno. Humphlett
Parcon [Parson ?] Hubert
Saml Haley
Meihl. James
J.V. Kautzman
Richard Parker x
Wm H Parker
Geo Rogers
Jos Sanders
Jos. Speaks
Wm Steele
[total] 21 Lieutenants

Masters
L. Bailey
Jas Banks
Wm Bennett
Jno. Bonwell
Wm Booth
Jno Britton
R. Dobson
R. Hall
Jno. Jennings
Jno. Moore
Joseph Marshall
Jno. Tussman
[illegible] Marshall
John Gibson
[total ]14 Masters


x Parker & Cannon, Lieutenants, commanded the  "Accomack" & "Diligence" galleys, making 23 commanders who have recd. half pay.
V. E.
Page 17

20 Dec 1852

James Murdaugh

about half-pay claims of
Peter Fiveash
Sailing Master
Page 18

Recd 24 Dec 1852

Portsmouth Va. Decr 20th 1852

James E. Heath Esq
Comm of Pensions

Dr Sir

When learning that the Secretary of the Interior had affirmed your decision in Fiveashs case, I immediately wrote to him, asking that the case might be reinstated, as I thought additional testimony could be procured. I made the application to him supposing he was the proper officer, and not having heard from him, I did not know what to make of it and the day after I saw you in your office. I called to see the Secretary upon the subject - he told me the whole matter rested with you, that his was an appellate jurisdiction, and that he had so informed me by letter, which was directed to Balt, because my letter was post marked there. the letter though dated at this place was put in the Box on board the Balt boat which caused it to be post marked at Balt, after seeing the secretary I should have called to see you again upon this subject, but it was near 3 o'clock P. M. and I was compelled to return home. I hope you will not consider my letter to the Secretary as any manner disrespectful to you, but it was addressed to him because I thought he was the proper officer and you will perceive it was owing to my ignorance of the respective powers & jurisdiction of the two offices viz Secretary of Interior, and the Court of Pensions and I am sure I need offer no other apology
(in fact I have no other to offer ) and that you will deem
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it sufficient and satisfactory. I will therefore most respectfully ask that this case may be reinstated, and I will endeavour [sic] to procure such other evidence, as shall satisfy you the claim ought to be allowed
My dear wife's health has been very delicate for twelve months and has prevented me from attending to my business as I should otherwise have done
Yours Truly
James Murdaugh
Page 20

Free

[postmark]
NORFOLK VA
NOV 30

Hon. A H H Stuart
Secretary of the Interior
Washington City
District Columbia


32
Portsmouth Va
Nov 29 /52
James Murdaugh

asks for a reconsideration
of the Half pay claim of
Peter Fiveash

Refd to Comr Pensions
Dept Int.
Decr 2 /52

C
Recd Dec. 1. 1852
Page 21

Hon A. H. H. Stuart
Portsmouth Va. Nov. 29th 1852
Sometime during the last week, I wrote to
Vespasian Ellis Esq and inclosed [sic] a letter to you, asking you to suspend for the present the consideration of the claim of the Representative of Peter Fiveash before you in an appeal from a decision of the Com of Pensions, until I could see you in person, and that I expected also to be enabled to furnish some additional testimony and to my astonishment the mail in one or two subsequent brought me a letter from Col Heath, informing me his decision had been sustained by you, I therefore respectfully request that you will reinstate the case, and thereby afford me an opportunity of appearing before you with such additional testimony as I may be enable to adduce, and to demonstrate as I hope I can that the claim should be allowed
I am Dear Sir
Your Obt Servant
James Murdaugh
Page 22

Com Heath's Letter
Rejecting Claim of
Fiveash

No 1
Page 23

28.
Portsmouth Va
Nov. 12 /52
James Murdaugh
In relation to the Half pay
claim of the Reps of
Peter Fiveash

Recd Nov. 13, 1852
Page 24

Portsmouth Va Nov. 12 1852

Alex H. H. Stuart Esq
Secretary of the Interior
Last July I had the honor of writing you a letter, requesting therein, that you would at your earliest take up and consider the case of the representative of Peter Fiveash decd for Half pay as a Pilot in the Virginia State Navy during the war of the Revolution, your reply was so
courteous and kind, and assuring me that you would at a very early period consider and decide this case, which was bearing before you in an appeal from the decision of the Court of Pensions which must be reversed, because it was decided against every principle of the law of evidence. I would not now trouble you by calling your attention to this case, but I am apprehensive from the various and multiplied duties of your office, it has escaped your recollection -  therefore permit me in the most respectful manner to bring this case to your notice, and ask if you can in some short time decide it, I feel assured the labor of reading
the evidence & will not occupy one half hour of your time 
I am Dear Sir
Your Obt Servant
James Murdaugh
Page 25

16 Novr 1852
Letter from the Secretary of the Interior affirming
decision of the Commissioner rejecting he claim of Peter Fiveash
Sailing Master

Act 5 July 1832

Letter to James Murdaugh
17 Nov 1852
Page 26

Department of the Interior
Washington Novr 16. 1852

Sir,

I have examined the case of the administrator
of Peter Fiveash decd who claims Half pay under the act of July 5th 1832, and have affirmed your decision therein, rejecting the claimant of which you will please inform Mr Murdaugh the claimants attorney. The papers in the case are herewith returned to the Pension Office
I am very Respectfully
Your obedient Servant
Alex H. H. Stuart
Secretary

James J. Heath Esq
Commissioner
of Pensions
Page 27

14 
Portsmouth Va
Sept 14 /52
James Murdaugh

Rel: to the Half-Pay claim of the heirs of Peter Fiveash & to the Virginia Script bill &c.

Recd Sept 16 1852

Free
Hon. A H H Stuart
Secretary of the Interior
Washington City
District Columbia
Page 28

Portsmouth Sept 14th 1852

Hon. A.H.H. Stuart
Secretary of Interior

When I was in Washington in July I called to see you, but understanding you were engaged at the time, and being very unwell, I left Washington City without having the pleasure of seeing you. The object of my visit was to see you respecting the claim of the representation of Peter Fiveash a Sailing Master in the Virginia State Navy during the war of the Revolution, for half pay. I received however from you a letter, stating that you would at the earliest day consider this case which goes before you upon
an appeal, the case is too clear to admit of a doubt, and therefore I am anxious for its consideration. I would not thus importune you, about this case, but for the pressing claims of
those that I represent, and from the further consideration, that I am aware of the various and multiplied duties devolving on your office, and this claim is apt to be forgot in the
discharge of other and arduous duties; will you under these circumstances permit me to ask, when I may calculate on your considering this case, which I do in the most respectful manner, if however other duties of an imperative character requires your time and attention, I will not ask that they shall be neglected, for the consideration of this claim
Congress having passed the said Bill, when are the warrants to be referred to the Court of General Land Office Com of Pennies &c. and what rules have been deleted about these
Page 29

claims, as to the issuing of such &c Being interested in this matter, I am compelled to make the inquiry
I am Dear Sir
your Obt Servt
James Murdaugh
Page 30

FREE

Hon. A. H. H. Stuart
Secretary Interior
Washington City

June 15, 1852
Page 31

Portsmouth June 12th 1852
Hon A. H. H. Stuart
Secretary of the Interior
I intended to go to the Convention which meets in Baltimore on the 16th if nothing prevents, and should be pleased if you could find time to consider the case of Peter Fiveash adm. for half pay & as I can go over from Baltimore and receive the amount, for I am convinced you will see the propriety and justice of allowing the claim if therefore you can consider it, I shall regard it as a favor.
I am Dear Sir
Your Obt Sert
James Murdaugh
Page 32

X
Deposition of Mrs Ann Payne stating that Joseph Marshall was sailing master of the "Scorpion" when that repel was captured by the British
Page 33

The affidavit of Mrs Ann Payne before me Fayette Jones, a Justice of the Peace for  Elizabeth City County, Virginia, on this 19th November 1850.
The said deponent being duly sworn, states that she is a native of Elizabeth City County and resided in Hampton Virginia during the whole of the revolutionary war, deponent was well acquainted with Joseph Marshall, who was first a Midshipman in the Virginia State Navy, and was subsequently a sailing master, and in that capacity was attached to the schooner called the Scorpion, during or near the close of the war, the said repel was captured by the British and the officers and men attached to the said repel were kept in captivity until some time after the close of the war, among whom was the said Joseph Marshall
Ann Payne
X
her mark
In testimony whereof I hereto set my hand & seal the day and date above mentioned, and I certify that I am well acquainted with the said Ann Payne, and believe her statements entitled to full faith and credit
Fayette Jones J.P.

Third Auditors Office 7 June 1852
I certify that the foregoing is a true copy of a paper now on file in this office
Jno S. Gallaher
Aud
Page 34

81
Portsmouth Va
May 13th 1852
James Murdaugh

Rel: to his appeal from the
decision of Comm of Pensions
in the case of Peter Fiveash
a Ship Master in Revoty. War

ackd [acknowledged] & Refd [referred] to the Commissioner of Pensions for a Report
Dept Int.
May 18 / 52
Recd May 15 / 52

H
Hon A. A. H. Stuart
Secretary of the Interior 
Washington City
Dist. of Columbia

FREE

[postmark illegible]
Page 35

Portsmouth Va. May 13th 1852

Hon A. H. H. Stuart
Secretary of the Interior

Some time past, I had the honor of addressing
you a letter, asking an appeal from the decision of Comm. Heath in the case of Peter Fiveash  who was a Master in the Virginia State Navy during the war of the Revolution and some few days after I transmitted an argument in this case, which was addressed to year I presume the appeal was granted, and the argument was
received. I am aware of the arduous duties of your office, and the industry employed in their discharge, but nonetheless I am induced to ask
as a favour [sic], that at some early day, you would consider this appeal it will consume but a very short time in the reading of the evidence, which will satisfy your mind of the justice of the claim and the propriety of reversing the decision of Comm Heath, a gentleman in whom I have great confidence, but who has certainly erred in the decision he made in this case
Yours Respectfully
James Murdaugh
Page 36

71

Portsmouth Va
April 3 / 52
James Murdaugh
appeals from the decision
Comr of Pensions in the
Half-pay case of 
Peter Fiveash

H
Refd. to the Commissioner of
Pensions for a Report
Dept. Int

Apl 5 / 1852
Page 37

Portsmouth April 3rd 1852

Honl.  A.H. Stewart
Secretary of the Interior

Dear Sir

some weeks since, I had the favor of addressing a letter to you praying an appeal from the decision of Comm Heath rejecting the Half Pay claim of the legal representation of Peter Fiveash a Sailing Master in the Virginia
State Navy during the war of the Revolution. Inclosed [sic] you will find an argument which I present to you, when the said appeal, and which must satisfy you that Comm. Heath has given an erroneous decision, and which I feel you will no doubt concur.
I also send herewith the Virginia Historical Register for April 1848 which is referred to in my argument, after you have read it, you can return it, if you please -
My domestic afflictions are of that character, that for months I have not be able to leave home, otherwise I would see you in person and present there my views &c. I hope therefore you will at an early day consider and decide this appeal, and let me know the result, which will doubtless be favourable [sic].
I am Dear Sir
Your Obt Servt
James Murdaugh
Page 38

No 5
Letter from V Ellis
Page 39

Washington 31 March 1852
James Murdaugh Esq

Dear Sir,

In answer to yr enquiries of the 29th Inst. I herewith send you a list of the Captains, Lieutenants & Masters who have received half pay. There were upwards of 30 Vessels in the Va Navy, probably about 25, where officers were entitled to half pay. The commanders of 23 have recd half pay, there are about 4 or 5 Lieutenants claims still outstanding & there ought to be 10 or 12 Masters, as each Vessel had its master called "Sailing Master".  There are also about 10 or 12 region, but, probably not ten, & perhaps not five more original claims will ever be presented, as is likely that
some of the Surgeons Mates died in a year or two after the war, & may never be heard from
John Gibsons claim was paid in 1849. His name is on the same list with Fiveash. No masters claim was unpaid till 1834, who I had this class
allowed by the Secretary. They had been wholly
overlooked
In respect haste
Vespasian Ellis
Page 40

Portsmouth Va
Mch 18th 1852
James Murdaugh

Reld to half pay claim
Peter Fiveash, Va State Navy in
War Revolution And appeal from
the decision of Com Pensions

[illegible]
Page 41

Portsmouth March 18th 1852

To the Honourable [sic] A.H. Stewart
Secretary of the Interior

Sir

I had the honor sometime in the month of July 1851 a about that time, in connection with V. Ellis Esq to present to the Commissioner of Pensions, the claim of the heirs and legal representatives of Peter Fiveash, Sailing Master of the Virginia State Navy in the War of the Revolution for Half pay under the Act of 5th July 1832. The claim was rejected by the Commissioner for reasons expressed in his letter directed to me dated the 13th day of September last, which cases appear to me to be wholly erroneous.
I therefore pray on Appeal from the decision of the Commissioner Heath, and request that the matters submitted may be adjudicated by you
I have the honor to be
you Obt Servant
James Murdaugh
Page 42

Half Pay allowed to
Jno Gibson 10th Decr 1849
No 3.
Page 43

Treasury Department
Third Auditors Office,
March 8th 1852.

Sir,

Annexed hereto, you will find a copy of Certificate of allowance of half pay to John Gibson as a Sailing Master in the Virginia State Navy from the 22d of April 1783 to the 1st of January 1790, at the rate of $153.08 per annum. As there was some doubt as to the precise time of the death of John Gibson, the second Comptroller decided, upon evidence
before him, to allow Half Pay from the 22, April 1783 to the 1st of Jany. 1786 amounting to $409.99.
I am, sir,
Very Respectfully,
Your Obt Servt
Jno. B. Gallaher
Auditor

James Murdaugh, Esq.
Portsmouth, Virginia

Pension Office
December 10th 1849
upon an appeal from the decision of this office, the Secretary of the Interior has decided that half pay under act of July the 5th 1832. should be allowed in the case of John Gibson, deceased as a Sailing Master in the Virginia
State
Page 44

State Navy from the 22d of April 1783, to the 1st of January 1790, in which last named year he died. The amount is payable at the rate of one hundred and fifty two dollars and eight cents per annum, to Joseph Segar, Attorney of William B. Lamb, of Norfolk, Virginia, administrator of John Gibson, deceased. The draft is to be delivered to Francis A. Dickens, substitute of Joseph Segar.
(Signed) J. L. Edwards,
Commissioner of Pensions
Approved
(signed) T. Ewing
Secretary of the Interior
Page 45

Land Bounty allowed
2 June 1783 to Jno
Gibson

No. 2
Page 46

Council Chamber June 2d 1783
I do certify that John Gilson is entitled to the proportion of Land allowed a Sailing Master in the Virginia Navy for three years service
Thomas Meriwether

Benjamin Harrison
A Warrant for 2666  2/3 acres issued to John Gibson June 3d 1783
A copy from the Records of the Virginia Land Office,
Teste
S. H. Parker Reg. L. Office
Page 47

E
Certificate of administration
Page 48

At a County Court held for Elizabeth City County on the 22d day of May 1851
On the motion of John Ridley and with the consent of the distributees certificate is granted him for obtaining letters of administration in due form on the estate of Peter Fiveash deceased, who was a sailing master in the State Navy of Virginia, during the
war of the Revolution and thereupon the said John Ridley, who made oath according to law, and together with Alice Gardner and John W.
Fiveash (who signed and acknowledged by John Tabb their Attorney) his securities entered into and acknowledged a bond in the penalty of five thousand dollars, conditioned according to law
A copy 
Teste 
S. S. Howard Clk

State of Virginia Elizabeth City County to wit:
I, Samuel S. Howard Clerk of the County Court for the County and State aforesaid do hereby certify that the foregoing is a true transcript from the records of my Office-
Given under my hand and the seal of said County Court this 26th day of May 1851-
S. S. Howard Clk

[seal]
Page 49

(A)
Deposition of Mrs Ann Payne

Decision of court rejecting claim affirmed by Secretary
16 Nov 1852
Page 50

State of Virginia
Elizabeth City County to wit
The affidavit of Ann Payne taken before me Fayette Jones Justice of the Peace in and for the County of Elizabeth City in the State of Virginia, on the 26th day of May in the year 1851. Ann Payne a resident of Elizabeth City County in the State of Virginia being duly sworn according to law, deposeth and saith that he knew and was well acquainted with Peter Fiveash, who was a Master in the Virginia State Navy during the war of the Revolution, and in the early part of the said war was attached as a master in one of the small cruizers [sic] called the "Scorpion" that at a subsequent period the said Peter Fiveash was captured by the enemy and retained as a prisoner of war until after the peace in 1783. The Deponent cannot call to mind distinctly when he was confined, but to the best of his recollection it was in the Island of Bermuda that the said Peter Fiveash after the termination of the War, and his release from
imprisonment resided in the said County of Elizabeth City until the period of his death, which occurred (as well as he recollect) about 50 years ago. Given under my hand this 28th day of May in the year 1851
Ann Payne
X
her mark

Test Thomas C. Peck

State of Virginia
Elizabeth City County to Wit
I, Fayette Jones a Justice of the peace in and for the
Page 51

said County, do certify that Ann Payne personally appeared before me in the County aforesaid, and in my presence made her mark to the foregoing affidavit, and made oath that the facts therein contained on the - And I moreover certify that she is a lady of  respectability, and her testimony is worthy of credit. Given under my hand and seal this 26th day of May in the year 1851
Fayette Jones J.P.
[seal]

State of Virginia
Elizabeth City County ⎬ To wit
I, Samuel S. Howard Clerk of the County Court
for the County and State aforesaid do hereby certify that Fayette Jones is a justice of the peace in and for said County duly  commissioned and qualified; that he is legally qualified to act as such, and that his signature herein before written is genuine.

Given under my hand and the seal of said
County Court this 26th day of May A.D. 1851
S. S. Howard Clk
[seal]

Executive Department
Richmond Va. July 10th 1851
I hereby certify that the foregoing is a true copy of a paper filed in this department.
Wm H Richardson Clk
Page 52

Pension Office 13 Sept 1851

Sir

I have examined the case of Peter Fiveash whose representative claims Half pay for his
services as a sailing master in the Virginia State Navy during the Revolutionary war under the act of Congress of 5 July 1832. There is no  evidence whatever record or otherwise of his services for any specific period of time, and the
only evidence adduced that he was attached to the State Navy is to be found in the deposition of Mrs Ann Payne a venerable resident of Hampton now more than eighty four years of age. Her deposition states that Fiveash was attached as a Master in the early part of the war to one of the small cruizers [sic] called the "Scorpion" and that he was captured by the enemy and to the best of her recollection remained a prisoner at Bermuda until after the peace of 1783. There is filed among the papers an authenticated list of Prisoners sent from Bermuda by the Brig Dolphin a flag of truce which arrived at Hampton in the early
part
Page 53

of 1783. The Prisoners were forty three in number and among then was Peter Fiveash a Master-four other masters, five Masters mates and sundry sailors and Passengers. The letter
from the Bermuda authorities dated 24 December 1782 states that "the Prisoners had been lately brought into those islands" is
utterly silent about the Scorpion, whose capture must have occurred a considerable time previously and therefore severs the
connexion [sic] between Fiveash's services and that vessel. The probability is that the greater part of the prisoners sent from Bermuda by the Brig Dolphin belonged to the Commercial service no allusion being made to an armed vessel of the state. Of the five masters & five masters mates found among the prisoners, not a solitary name including that of Fiveash himself is found on the naval records of the state and Fiveash is the only one whose claim to half pay has ever been presented. The claim is disallowed.
very respectfully
your obedient servant
J. E. Heath commissioner

James Murdaugh Esqr
Care of
Vespasian Ellis Esqr
Washington City
Page 54

Peter Fiveash
Sailing Master
Halfpay claim
act 5 July 1832

claim rejected - Sept. 15
Letter to James Murdaugh
case of Ves: Ellis

Rejected

I
Page 55

Richmond July 10th 1851

James E. Heath Esq
Comr of Pensions

I present the claim of the Representative of Peter Fiveash decd (who was a Sailing Master in the Virginia State Navy during the war of the Revolution) for Half pay. This claim will give you no trouble, nor any doubts about the propriety of its allowance. The evidence is substantially this
1st The affidavit of Mrs Ann Payne
Proves that Peter Fiveash entered the Navy in the early part of the war, and was a sailing Master, that he was taken a prisoner and she thinks he was carried to the Island of Bermuda, and was not released from confinement until the end of the war, that he resided in the Town of Hampton until his death, which occurred about 50 years ago (See Deposition Mark (A)
2nd The copy from the papers in the Auditor Office, called "Paper concerning the State Navy Vol 1" proves that he was a master, was a
prisoner in 1782, and on the 24th Dec. 1782 was sent home with other persons to be exchanged, in the Brigantine Dolphin, by virtue of an instrument termed a flag of Truce, executed by Wm Brown Esq Capt General Governor Commander in Chief & Vice Admiral of the Island of Bermuda alias Somers Island
also a letter from Commodore James Barron to Governor Harrison dated 17th Jany 1783, which speaks for itself. (This paper is marked B) and herein enclosed
3rd The Certificate of Norfolk County Court, showing the same facts, and the period of his death, which was the 15th July 1799 The papers refined to an all inclosed [sic], as also a power
Page 56

from the administrator to me, and a copy of the grant of administration
I therefore ask for the allowance of the Half pay due for the services &c.
Yours Respectfully
James Murdaugh

N. B I shall enclose this in an .Envelope, directed to you as a private letter & pay the Portage so that you may receive the same at JM


Peter Fiveash
Sailing Master
Halfpayclaim
act 5 July 1832
Claim rejected Sept 13 .5
James Murdaugh
care of Ves: Ellis

Rejected
Page 57

Brief
Page 58

Brief
A. Deposition of Mrs Ann Payne
B. Return of prisoners from Bermuda
C.
No 1
Commissioners letter to Mr Murdaugh rejecting claim of Peter Fiveash
No 2
Evidence that Land Bounty was allowed Sailing Master John Gibson by the Executive of Va
No 3
Evidence that half pay was allowed him by the U.S.
No 4.
Evidence upon which he was allowed land County
No 5
Letter from V. Ellis to Mr Murdaugh in relation
to Fiveash's claim
D. Power of Attorney to James Murdaugh from Jno Ridley admr
E. Certificate of administration
F. Proof of heirship
X. Deposition of Mrs Payne in case of Joseph Marshall
Y. Copy of Va Historical Register
G. Argument of Mr Murdaugh
II & II. Letters of Mr Murdaugh asking appeal from decision of Commissioner
II. Letter of Mr Murdaugh to Commissioner
Page 59

G
Argument of Mr
Murdaugh
Page 60

The claim of the legal representative of Peter Fiveash, submitted to the Honorable A.H. Stewart Secretary of the Interior, upon an  appeal from the decision of the Commissioner of Pensions.
The claim was presented to Commissioner Heath for adjustment, as a Sailing Master in the State Navy of Virginia during the war of the Revolution, under the Act of July 5th 1832, and by him rejected, by letter dated 14th September 1851 (filed herewith marked No 1 ) for the reasons to wit:
1st - That there is no evidence whatever, record or otherwise, of the services of Fiveash as a Sailing Master, for any specific period of time.
2nd - That the only evidence adduced, is to be found in the deposition of Mrs Ann Payne, a venerable lady of Hampton, now more than eighty years of age. Her deposition states that Fiveash was attached as a Master in the early part of the war, to one of the small cruisers, called the The "Scorpion"; and that he was  captured by the enemy, and to the best of
her recollection remained a prisoner at Bermuda until after the peace in 1783. There is filed among the papers an authenticated list of prisoners sent from Bermuda by the Brig Dolphin a Flag of Truce which arrived at Hampton in the early part of 1783. The  prisoners were forty three in number, and among them was Peter Fiveash, a master; four other Masters; five masters mates, and a number of sailors and passengers, The letter
from the Bermuda authorities, dated 24th December 1782, states that "the prisoners had been lately brought into these Islands", is utterly silent about the "Scorpion", whose capture must have occurred a considerable time previous, and therefore servers the Connection between Fiveash's services and
that vessel. The probability is, that the greater part of the prisoners sent from Bermuda by the Brig Dolphin, belonged to the Commercial service, no allusion being made to an armed vessel of State. Of the five masters, and five Masters mates found among the prisoners, not a solitary name including that of Fiveash himself is found on the naval records of the State & Fiveash is the only one whose claim to Half Pay has ever been presented. The Counsel of claimant respectfully states that  Commissioner Hath has erred.
First- In his misrepprehension [sic] and misconception of the testimony filed in such
part of the claim. And it will recently be shown, that the evidence of Fiveashs service as a sailing master in the State Navy of Virginia for a "specific period" and throughout the war, is full, ample and conclusive
Secondly - the evidence of Mrs Payne has been so construed, or rather misconstrued by the Commissioner as to represent, that the cruiser "Scorpion" of which Fiveash was master, was captured in the early part of the war; and upon the assumption of this fact, the Commissioner argues that the alleged capture is inconsistent with the letter from the authorities of Bermuda referred to which represents that Fiveash and the other prisoners were lately brought into these Islands
(A.B). The letter referred to, be it remembered is dated Bermuda Dec. 24th 1782 Now, it is submitted with due deference and respect to the commissioner of Pensions, that it will be found on reference to Mr Payne's deposition, that she does not say one word about the capture of the "Scorpion", nor does it appear from any of
Page 61

The evidence adduced, that the "Scorpion" was captured at all (See her deposition) There is nothing then whatever in the statement of Mrs Payne, which conflicts with any of the facts stated in the Bermuda letter. On the contrary the main and essential feature of Fiveashs capture, the period of his capture (allowing a reasonable time for his transit to Bermuda) his imprisonment at that Island, and release from captivity, are fully and amply confirmed by the letter from the Bermuda authorities, and list of prisoners accompanying it. The counsel Then relies with entire confidence on the justice of the claim -
1st Upon the testimony of Mrs Payne, who affirms in the most certain and positive manner, that Fiveash served as a Master in the Navy from early in the war, until he was taken prisoner, sent to Bermuda, and confined until the end of the War
2nd The captivity of Fiveash and release from the dungeons of Bermuda, are fully corroborated by the testimony, to wit, the aforesaid letter from the Bermuda authorities, dated December 24th 1782, found among certain papers and documents connected with the Navy, in the possession of Commissioner Heath, Copy marked 7. filed herewith
3rd That letter, though it does not allude to the prisoners, by name, as belonging "to any armed vessel", yet it contains sufficient evidence to shew that they were in the service of Virginia. The caption to the list appended to the said letter reads thus, "List of prisoners of war [illegible] Brig Dolphin &c. for Virginia &c."
The names and rank of Each prisoner is given. But where was the necessity of giving the rank of Each prisoner, if they belonged to the Commercial service? The rank then being given, shows conclusively, that they were in the Naval service, because an Exchange could only be made rank for rank; And then comes a letter from Commodore Barron to George Harrison, dated Hampton January 17th 1783 as follows - "I have the honor to enclose your Excellency a
Copy of the Big Dolphin a flag of truce, Capt. Thomas Seymour from the Island of Bermuda with 43 American Prisoners & &. Why should Commodore Barton have had the control of these prisoners, if they did not belong to the Navy. But says Commissioner Heath "it is probable that the quarter part of these prisoners belonged to the Commercial service." Which of them belonged to such service according to his probability, he cannot designate. Why then was the rank of each prisoner given, if they belonged to the commercial service? Ought any opinion adverse to this claim be formed on probabilities, when the evidence is certain, positive and conclusive, that Fiveash was a Sailing Master in the Virginia State Navy, The commissioner however, to give color to such supposition in the face of evidence to the
contrary, states, "that of the five masters and master's mates found among The prisoners, not a solitary one, including that of Fiveash himself is found on the Naval records of the State, and Fiveash is the only one whose claim for Half pay has ever be presented."
The counsel will not stop to inquire, how far and to what extent Mr Heath is mistaken in his assumption of facts so roundly and positively
asserted. It will suffice to say that of the five persons alluded to one of them at least; to wit, John Gibson has been the recipient of both Land Bounty
Page 62

and Half Pay (See Certificate marked No. 2 & 3) The Land Bounty it seems was received by Gibson as far back as June 2nd 1783, and the
Half Pay, notwithstanding the averment of Commissioner Heath to the contrary, on the 10th December 1849.
By men chance, the counsel has found among some old papers an authenticated copy of an ancient document on file in the Executive Department of Virginia, which is filed herewith, marked No 4, in the words and figures following to wit - "These are to certify, that the Berer [sic] hereof, John Gibson, has served in the Navy of this State as a Seaman and Gunner upwards of five years, and the latter part of his time as Sailing Master of the State Boat Liberty. Given under my hand this 1st May 1783
(Signed )
James Barron
Com. S N
The identical Commodore Barron, who on the 17th January 1783 had charge of the prisoners, as stated in the letter referred to of that date
to Geo. Harrison, including both Peter Fiveash and John Gibson, as the list will shew, gave the foregoing certificate on the ensuing 1st May 1783 that John Gibson was a Sailing Master in the State Navy of Virginia, in which he had served for upwards of five years.
The council will refer to the certificate of the Auditor of Virginia on the letter &c. &c. of the Bermuda authorities, which is as follows. "I certify that the foregoing extracts are truly copied from papers concerning the
State Navy, Vol. 1. on file in this office". If the prisoners belonged to the merchant service, why were they put in the papers concerning the Navy?
The counsel will call the attention of the Honorable Secretary to the fact, that the Navy of Virginia consisted of upwards of thirty vessels probably thirty one or two in number, and it is known that every vessel of war has its sailing master, usually called Master, in contradistinction to Captain. Now admit there were 30 vessels in the Navy, each was entitled to a Captain, Lieutenant, Midshipman, Sailing Master and Surgeon; and from a list of the Officers of the Virginia Navy (which is herewith filed, marked No. 5.) who have received half pay, the Honb. Secretary will perceive, that but 21 captains, and 2 Lieutenants commanding have been allowed half-pay, 21 Lieutenants who have been allowed the like pay, and but 14 Masters who have been allowed half pay. Does it not therefore follow, that there should be 23 masters claims allowed to "complete the assortment", and also the same number of surgeons. There can be no doubt that nearly all the officers of the Virginia State Navy were at some time of another "captured", and that therefore many were sent prisoners of War, as Masters &c &c and the council will refer the Honorable Secretary, to the "Virginia Historical Register" for April 1848, in which there is an article on the subject of the Virginia Navy, written by the late Commodore Barron, in which he says on page 76 - "The Liberty
(Boat) was the most fortunate vessel in the service, and was the only one in fact that ran through the whole contest without being captured by the
Page 63

Enemy". -- Again on page 79, same book, he says speaking of a capture. "This capture of the Nicholson left the Liberty alone in the Virginia Navy, until the new Patriot was completed and added to it."
The counsel begs leave to refer the Hon. Secretary to the papers in the cases of Capt John Rogers, Lieut. Laban Goffigan and Master
Joseph Marshall for proof of capture of Vessels.
Further comment is deemed unnecessary and the counsel expresses the confident belief that it will be the pleasure of the Hon. Secretary to reverse the decision of the Commissioner and allow the claim.
James Murdaugh
Portsmouth Virginia
April 2nd 18

To the Hon. A.H. Stewart
Secretary of the Interior
Page 64

Addressed
public service
His Excellency Govr Harrison
Richmond
[illegible] Express

Endorsed
Commodore Baron
Letter
inclosg Flag
from Bermuda
Page 65

(No 3)
Hampton Jany 17th 1783

Sir

I have the Honour [sic] to Inclose [sic] your Excellency a Copy of the Brigg Dolphin a Flag of Truce Capt Thos Seymore from the Island of Bermuda with Forty Three American prisoners
Two haveing [sic] stade [sic] behind which is mentioned on the List with the Letters which came by her, also a list of Stores and a Few  articles to Exchange for Provisions, your Excellency will be pleased to give your directions respecting them-
Capt Thos Gibbins whoe [sic] saild [sic] from Yourk ]sic] Town for New York some time past with Tobacco is also ariv'd [arrived] from New Yourk [sic] the night before Last, had behaved
very Imprudent in bringing a number articles with some things Landed on the Knight [sic] he came in for Mr Lowry which I have since stopt [sic]. The Brigg is also stopt [sic] & in possesion of my Brother on her way to Burwells Ferry, a
Doctr Middleton a Scotchman Came pasenger [sic] in her, Landed and went on to Yourk [sic] without my knowledg [sic], I have got Capt Armestead to send after him this morning am informed he was in our Service formerly & went to Scotland to get an Estate which was left him there, The Bermuda Capt Reported his Stores to me Capt Gibbins did not, wether [sic] from Mistake or not, I cant Say -
I have the Honour [sic] to be Sir
with Great respect your
Excellency
Mo. Obt Humble Servt.
Page 66

(No 4)

Bermuda Alias
Somers Island
By His Excellency William Brown Esqr Captn General Governor Commander in chief, & Vice Admiral of these Islands of Bermuda
To all whom these Presents shall come Greeting--
I do testify & make known, that Thomas Seymour Master or Commander of the Brigantine called the Dolphin, hath appeared before me the Governor aforesaid & declared upon oath that the said Brigantine or vessel of the Burthern of Eighty Tons or thereabouts, doth belong to the subjects of His Majesty George the third King of Great Britain, France & Ireland. And whereas I have dispatched authorized & empowered him the said Thos Seymour to transport in his Brigantine to Virginia Forty five Prisoners, lately brought into these Islands whose names are hereunto annexed, & to treat & make an Exchange
for the like number of British Prisoners by & under the sanction of a Flag of Truce - I do therefore request you & every of you whensoever the said Master or Commander shall be or arrive with his said Brigantine that you would be Pleased to receive Him courteously & use him Kindly & Permit Him upon observing the Laws of Nations to enter into, remain in & Pass from your Ports Rivers & Dominions, & there to enjoy all kind of right of Navigation without any Impediment, Capture, Seizure, Set or Molestation whatsoever, which I shall most readily acknowledge upon all occasions
In Testimony whereof I the Governor aforesaid
have hereunto set my Hand, & caused the Great Seal of these Islands to be affixed this 
24th Decr. 1782

By his Excellency
Command

Henry Tucker Junr
Secretary
 
A
Copy of the Flag from
Bermuda
Thos. Seymour Master
Page 67

(No 4)
List of Prisoners of War Brig Dolphin Thos Seymour Master for Virginia
No 1
Names Peter Fiveash
Stations Master
and forty four others whose
names are on the list

Commissary's Office St Georges
Bermuda Decr 24th 1782
Pendock Neal Cy of
Prisoners

First Auditors Office
Richmond July 1851

I certify that the foregoing extracts are truly copied from "Papers concerning the State Navy Vol 1", on file in this office.
Ro Johnston
First Aud

Endorsed
List of prisoners 
from Bermuda
Page 68

B
Return of prisoners from
Bermuda
Page 69

(No 3)
Hampton Jany 17th 1783

Sir

I have the Honour [sic] to Inclose [sic] your Excellency a Copy of the Brigg Dolphin a Flag of Truce Capt Thos Seymore from the Island of Bermuda with Forty Three American prisoners
Two haveing [sic] stade [sic] behind which is mentioned on the List with the Letters which came by her, also a list of Stores and a Few articles to Exchange for Provisions, your Excellency will be pleased to give your directions respecting them-
Capt Thos Gibbins whoe [sic] saild [sic] from Yourk ]sic] Town for New York some time past with Tobacco is also ariv'd [arrived] from New Yourk [sic] the night before Last, had behaved
very Imprudent in bringing a number articles with some things Landed on the Knight [sic] he came in for Mr Lowry which I have since stopt [sic]. The Brigg is also stopt [sic] & in possesion of my Brother on her way to Burwells Ferry, a
Doctr Middleton a Scotchman Came pasenger [sic] in her, Landed and went on to Yourk [sic] without my knowledg [sic], I have got Capt Armestead to send after him this morning am informed he was in our Service formerly & went to Scotland to get an Estate which was left him there, The Bermuda Capt Reported his Stores to me Capt Gibbins did not, wether [sic] from Mistake or not, I cant Say -
I have the Honour [sic] to be Sir
with Great respect your
Excellency
Mo. Obt Humble Servt.

Addressed
public Service
His Excellency Govr Harrison
Richmond
[illegible] Express

Commodore Baron
Letter
inclose [sic] of Flag
from Bermuda
Page 70

(No 4)

Bermuda Alias
Somers Island
By His Excellency William Brown Esqr Captn General Governor Commander in chief, & Vice Admiral of these Islands of Bermuda
To all whom these Presents shall come Greeting--
I do testify & make known, that Thomas Seymour Master or Commander of the Brigantine called the Dolphin, hath appeared before me the Governor aforesaid & declared upon oath that the said Brigantine or vessel of the Burthern of Eighty Tons or thereabouts, doth belong to the subjects of His Majesty George the third King of Great Britain, France & Ireland. And whereas I have dispatched authorized & empowered him the said Thos Seymour to transport in his Brigantine to Virginia Forty five Prisoners, lately brought into these Islands whose names are hereunto annexed, & to treat & make an Exchange
for the like number of British Prisoners by & under the sanction of a Flag of Truce - I do therefore request you & every of you whensoever the said Master or Commander shall be or arrive with his said Brigantine that you would be Pleased to receive Him courteously & use him Kindly & Permit Him upon observing the Laws of Nations to enter into, remain in & Pass from your Ports Rivers & Dominions, & there to enjoy all kind of right of Navigation without any Impediment, Capture, Seizure, Set or Molestation whatsoever, which I shall most readily acknowledge upon all occasions
In Testimony whereof I the Governor aforesaid
have hereunto set my Hand, & caused the Great Seal of these Islands to be affixed this
24th Decr. 1782

By his Excellency
Command
Henry Tucker Junr
Secretary

Enclosed A
Copy of the Flag from
Bermuda
Thos. Seymour Master
Page 71

(No. 4)
List of Prisoners of War for Brig Dolphin Thos Seymour Master for Virginia
No, Names, Stations
1 Peter Fiveash, Master
2 Steven Swain, Mate
3 Mallerlo Miller, Sailor
4 John Kelly Do
5 John Catrule, Do
6 Henry Rhodes, Do
7 Wm Carrol, Do
8 John Savage, Master
9 John Reid, Passenger
10 Severn Reid, Do
11 John Parker, Sailor
12 Henry Window, Do
13 Robert Speres, Do
14 Thos. Ames, Do
15 Robt Ryon, Do
16 John Spinner, Master
17 Edward Walsh, Passenger
18 Daniel Jacobs, Master
19 Amos Jacobs, Sailor
20 Thos Wallace, Mate
21 John Gibson, Do
22 Thos Martin, Sailor
23 Wm Curtis, Sailor
24 Owen Barney, Sailor
25 John Freeman, Sailor
26 Josiah Snow, Sailor
27 Jona Gross, Sailor
28 Wm Woodhouse, Sailor
29 John Higgarson, Sailor
30 Negro, Saml, Sailor
31 Joshua Oldner, Master
32 John Gorham, Mate
33 Norman Begole, Passenger
34 John Foster, Sailor
35 Jas Foster, Do
36 Joshua Gardner, Do
37 Whiston Jones, Do
38 Wm Boothe, Do
39 Wm Lasater, Do
40 Lewis Pears, Do
41 Saml Michell, Do
42 Moses Coss, Do
43 Luke Hill, Do
44 Daniel Downing, Passenger
45 Daniel Richards, Mate

Return of
5 Master
5 Mates
5 Passengers
30 Sailors
45 Total

Commissary's office St. George
Bermuda Decr 24th 1782
Pendock Neal Cy of
Prisoners-

Endorsed
List of Prisoners
from Bermuda
Page 72

First Auditors Office
Richmond 28th June 1851.

I certify that the foregoing extracts are truly copied from Papers concerning the State Navy Vol 1" on file in this office
Ro Johnston
First Aud
Page 73

June 15 - 26

MRS. FANNIE DAVIS
10219 NINETIETH AVENUE
RICHMOND HILL
NEW YORK CITY, N. Y.

Gentlemen

I write to make some inquary [sic] about a pension, I have always heard about in my early
life was due my Grandfather, Peter Fiveash, who was sailing Master of the ship Scorpion, 
during the Revolutionary War and was a prisoner on the island of Bermuda. I am the only living grand child.
My maiden name was Fannie Fiveash, of Norfolk Va. I have

[postmark]
U. S. 
PENSION OFFICE
F
JUN 18 18
Page 74

2
MRS. FANNIE DAVIS
10219 NINETIETH AVENUE
RICHMOND HILL
NEW YORK CITY, N.Y.

the family Record it occurd [sic] to me, perhaps I might get a pension to help me in my old days. There are a few great-grand
children, in Norfolk. My father
was Capt John Hesley Fiveash who
was in the Merchant service during the
War of 1812 and a prisoner in Dartmouth England
If you will kindly give me any
information of this, on this subject
you will greatly oblige,
Your obedient Servant -
Mrs Fannie Fiveash Davis
Page 75

Miss A. Lou Neilson
Oxford, Mississippi

Apr. 18, 1926

Commissioner of Pensions
Washington D. C.

Dear Sir
Some time ago you sent me the Revolutionary service record of Peter Fiveash of Virginia  - Miss Alice Reins a descendant of his daughter
Alice Gardner wished to use it in joining the D.A.R. I am going through the hands of
her sister if has, much to our distress, been lost
Will you kindly send a 

send another

[postmark]
U. S. 
PENSION OFFICE
S
APR 21 1926
Page 76

duplicate to this Alice Reins
305 West Lanvale St.
Baltimore, Ald.
She will make a copy for me. We will so appreciate the favor and regret the misfortune that causes us to ask for the duplicate
Very sincerely Yours-
A, Lou Neilson
Page 77

Miss A. Neilson
Oxford, Mississippi
 Feb. 10 1926

Gentlemen

Will you be so kind as to send me al l information in your Department relative to the
Revolutionary service of Peter Fiveash of Virginia.
His daughter, Alice Fiveash married Joseph Gardiner. In her will filed at Norfolk, Va., and dated the 5th of June 1855 occurs the following:
"I give to my said daughter Francis T. Seal and to my daughter Mary Ann Ridley all my interest
in a certain military claim upon the State of Virginia or the United States on account of the
services of my father Peter
Page 78

Fiveash during the war of the revolution.
whether the same may consist money or land
on both to be equally divided among them to them and their heirs forever & nominate and
appoint my grandson Edwin D. Seal executor of this my said will and direct that he be permitted to qualify as such without giving any security
(signed) Alice Gardiner"

The wife of Peter Fiveash was Charlotte Parke
Thanking you for this service
 I am, Very sincerely yours-
(Miss) A. Low Neilson
Page 79

AM

Rev. & 1812 Wars Section.
June 23, 1826.

Mrs. Fannie Davis,
10219 90" Ave.
Richmond Hill,
New York City.

Madam:

I have to advise you, that there is no provision
of law that would entitle the descendants of soldiers of the Revolution and War of 1812 to pension.
Respectfully,

WINFIELD SCOTT,
Commissioner.