Revolutionary War Pension and Bounty Land Warrant Application File S. 5859, for John Oliver, Virginia

SERVICE
NUMBER
Va.
Oliver, John
S 5859
Carded
CONTENTS

Paid at the Treasury under the Act of the 16 April 1838 from 4 Sept 1838 to 30 July 1839, the day of his death, age notified 17 June 1840
Col. H. Oliver Aug 28 1832
Virginia 16.373
John Oliver
Caroline in the State of Va who was a pri: in the _____ commander by Captain _____ of the Regt. commander Col. Temple in the 1 st time for 6 months
Inscribed on the Roll of Virginia at the rate of 20 Dollars _____ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 rd day of Augt. - and issued to Dickinson Bowling Green. Va
Arrears to the 4th of March '33 40 Remnant allowance ending Sept - 10
$50-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M Rice Clerk, Book E Vol. 6 Page 20.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 11 th , 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The child n of John Oliver, a Pensioner on the Roll of the Richmond, V g Agency, at the rate of Twenty Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of Sept. 1838, to the 30 th July 1839. the day of his death.
Respectfully yours,
William B. Parry Comptroller.
To the Commissioner of Pensions, Present.

Virginia Caroline County etc
John Oliver a resident of the United States in the County of Caroline, in the State of Virginia aged 76 years who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7 th of June 1832-
That in the year 1780 he entered the service of the country in the war of the Revolution by a draft upon the militia of Caroline County & was attached to the company commanded by Capt John Fitzhugh & the regiment commanded by Col Samuel Temple to serve for two months. He marched to Williamsburg & acted as guard up & down the river in which service he was engaged until his time expired & he was discharged. He was again drafted in the same year & was attached to the company commanded by Capt John Fitzhugh D. Jamieson. He was marched
to Williamsburg and was attached to the regiment of militia commanded by Col Matthews & Major Armstead. He was engaged in keeping guard until he was discharged having served out his whole term of two months-
In the year 1781 he was again drafted in the militia from this County & was attached to the company commanded by Capt John Fitzhugh. He was marched to the County of Gloucester, whilst here General Weedon made a requisition for Volunteers & he volunteered in a company commanded by Capt Dyson or Cisen in which service
he remained commanded by Col Mercer from Fredericksburg. He was in an engagement at a place called Powell's where we lost a few men & killed 15 of the enemy. He stayed in Gloucester until the British army surrendered at York Town after which he was discharged having performed his whole term of two months-
The field officers whom he knew were General Weedon, Col Matthews, Major Page, & Campbell

He served apart of this time with Wm. Southworth and Joseph N. Dicken of this County whose affidavit is hereto annexed.
He is well acquainted with Lewis Gage, Major Philip Samuel, Col. Booth Brown & Col. Archibald Samuel of this County. He has resided in this County all his life & has a register of his age in his family bible. He has no documentary evidence to prove his services. He hereby relinquishes every claim whatever to a pension or annuity except the present. He declares that his name is not on the pension roll of the agency of any state. Sworn to and subscribed in open court this 11 th day of January March 1833.
John Oliver his mark
John Oliver
We Spilsbee Woolfolk a clergyman and Wm. C. Barron residents of the County of Caroline do hereby certify that we have known John Oliver who has subscribed & sworn to the foregoing declaration for a long time. That we believe him to be 76 years of age. That he is reputed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion. Sworn to and subscribed in open court this 11 th day of January March 1833. Spilsbee Woolfolk Wm. C. Barron
Caroline County to wit. William Southworth and Joseph N. Dicken personally appeared before me a Justice of the peace for the County of Caroline, and made oath that they served in the militia from the County of Caroline in the revolutionary war with John Oliver as he has stated in the foregoing declaration - and I do hereby

Certify that the said Wm Southworth & Joseph D. Dike are entitled to credit for the statements which they have herein made. Given under my hand this 14 th day of January 1833
Abolunian
Yr 66
And the said board do hereby declare their opinion after investigating the matter & after putting the interrogatories prescribed by the War Dept. - that the above application was a revolutionary soldier and served as he stated - and the board further certify that it appears to them that Spilsbee Woolfolk who has signed the preceding certificate is a Clergyman residing in the County of Caroline & William C. Burnf who has also signed the same is a resident of the County of Caroline & is a credible person by that their statement is entitled to credit.
I John L. Pendleton Clerk of the County board of Caroline, do hereby certify that the foregoing contains the original proceedings of said board in the matter of the application of John Christian  Christian  Spilsbee  Spilsbee for a pension.
In testimony whereof I have hereunto set my hand & affixed my seal of office this 19 th day of March 1833.
John L. Pendleton

Virginia Caroline County to wit:
John Oliver personally appeared before the County Court of Caroline on the 8 th day of July 1833, and by way of supplement amendment to the foregoing declaration he states on oath that he was engaged as a private soldier in the militia of Caroline County State of Virginia in the war of the Revolution for a period of six months at least. He knows documentary evidence to prove his services but relies upon the affidavits of William Southworth & Joseph N. Dicken to establish the same, the one or the other of them having served with him during the time which is all the living testimony which he can procure. Benjamin Hart & William Gutwood to establish the same for the whole or the greater part of the time.
John Oliver
Caroline County ss. William Southworth, Joseph N. Dicken, Benjamin Hart & William Gutwood personally appeared before me a Justice of the peace for the County of Caroline & made oaths that they all served during the war of the Revolution as privates of Militia with John Oliver. The said William Southworth that he served a term of two months under Capt John Fitzhugh & were of a platoon at Williamsburg at which place so unit which place they served out the term were discharged. The said Joseph N. Dicken that he served a term of two months with said John Oliver under the command of Capt John Baynham at about Williamsburg when they were discharged. The said Benjamin Hart that he served a term of two months under Capt Fitzhugh in Gloucester County in the year 1781 were discharged. The said William Gutwood that he served two terms with said John Oliver in the year 1781 under Capt Francis Baynham & Capt Tompkins. The said Oliver being attached in one of the terms to another Company. Given under my hand Seal this 8 th of July 1833.
Oliver vs Dicken
Alex d Chapman Clk

I John L. Pendleton Clerk of the County Court of Caroline do hereby certify that the foregoing contains the amended declaration of John Oliver & I further certify that the signatures of Atwood C. Coleman & Alex- ander Chapman annexed to the foregoing certification are genuine & that the said Coleman & Chapman are now & were at the time of signing the same acting mag- istrates in & for said County -
In testimony whereof I have hereunto set my hand & affixed my seal this 12th day of July 1833
John L. Pendleton Co

23376
John Oliver Va
Ref. of
Adm. Pri
Com. Do
To Beckins...
Booming Tree
Carolina sound
Virginia

WAR DEPARTMENT,
Pension Office,
10. May
183 2
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Oliver Va
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Militia drafted — 2 Private Col Fitzhugh Col Temple 76 entered in Caroline Co Va now lives there   no date 11 reg time " Col Samson Matthews   1/18/11 2 " Col Fitzhugh Col Mercer Two surviving witnesses prove service but do not give dates Certificate of Klingyman emr Citizen  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

August 12, 1930
Mrs. L.B.Cox 442 Graydon Avenue Norfolk, Virginia
Rev.& 1812 Wars Section REL:
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S.5859, that John Oliver , while a resident of Caroline County, Virginia, enlisted in 1780, and served two months as a private in Captain John Fitzhugh's Company, Colonel Samuel Temple's Virginia Regiment.
He enlisted again in 1780 and served two months as a private in Captain D. Jamieson's Company, Colonel Matthews' Virginia Regiment.
He enlisted in the fall of 1781, served two months as a private in Captains John Fitzhugh's and Syson's (or Cisen's) Companies, Colonel Mercer's Virginia Regiment and was in an engagement. Mrs. Finch who made this originally stated that she could not verify this engagement. See next page.
He was allowed pension on his application executed March 11, 1833, while a resident of Carolina County, Virginia, where he had always lived, and was aged seventy-six years. The exact date of his birth is not shown.
He died July 30, 1839, leaving children whose names and that of his wife are not stated.
Very truly yours
E. W. MORGAN Acting Commissioner.

Rev War
5859
INVALID.
File No. 5859
John Oliver
Rev War
Act: June 7 th '32.
Index: Vol. M , Page 281
[Arrangement of 1870.]
1926 Sept 17 Hist. to Mrs. Alice P. Garrell - the letter in claim of Wm Harris, D 6954 - MMNF
1930 - Aug 12 - 7 list. to Mrs L.B. Cox - EEL

442 Gray Don Ave. Norfolk, Va. June 20, 1930.
Pension Bureau Washington, D. C.
Sir:
Can you give me any information in regard to John Alins of Caroline Co. Va.? He fought in the Revolutionary War and was a member of Captain White's Company of Caroline Co. (See Kingfield's History of Caroline Co. page 228). He served until June 3, 1778 (See Duffell's Revolutionary War record page 244). He was on Va. Pension Roll in 1833. How long did he receive a pension? Did his wife receive pension after his death? If so, please give her name and any dates of birth and death of either. He was a Corporal in Company

2 7 3 of Hute's Va Regiment and was at Valley Forge.
Any information will be greatly appreciated.
Respectfully,
Mrs. L. B. Cox 442 Graydon Ave. Norfolk, Va.

mmxf Deceased? (perhaps Journal)
September 17, 1936
Mrs. Alice P. Harzell 409 Sixth Ave., East Eastman, GA.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 5859 it appears that John Oliver while a resident of Caroline County, Virginia enlisted in 1780 and served two months as a private in Captain John Fitzhugh's Company, Colonel Samuel Temple's Virginia Regiment.
He enlisted again in 1780 and served two months as a private in Captain D. Jamieson's Company, Colonel Matthews' Virginia Regiment.
He enlisted in the fall of 1781, served two months as a private in Captains John Fitzhugh's and Syson's (or Cisen's) Virginia Companies, Colonel Mercer's Virginia Regiment and was in an engagement. — I could not verify name of place
He was allowed pension on his application executed March 11, 1833 while a resident of Caroline County, Virginia
was not pure right name

where he had always lived.
He died July 30, 1839 leaving children whose names are not given, and the name of his wife is not stated.
Respectfully,
E. W. MORGAN Acting Commissioner.