Revolutionary War Pension and Bounty Land Warrant Application File S. 29,353, for John Oliver, Massachusetts

SERVICE
NUMBER
Mass
Oliver, John
S. 29,353
CONTENTS

15973 (15973) Massachusetts
John Oliver
of Middlesex in the State of Mass who was a private in the Corp commanded by Captain Smith of the Reg. commanded by Col. McKenna in the Mass. line for 90 days.
Conte 9 Mils
Inscribed on the Roll of Mass. at the rate of 60 Dollars 60 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 7 day of Aug. 1832 and due to stop at 60 west for
Arrears to the 4th of Mar. 32 $123.32 Semi-annual allowance ending 4 Sep. 33 33.33 $166.66
Revolutionary Claim, for June 7, 1832.
Recorded by P. C. Stiles Clerk, Book E Vol. 3 Page 62
Died Nov 23- 1840.
84
(AB) mm 14
Middlesex

5570
John Oliver
Middlesex Co
Mass
Pmt 20 Mts
16 06
April 11. 1833
P. 338
J W P Abbott
Weymouth
Mass. Middlesex Co
Mass.

BRIEF in the case of  John Oliver  of Middlesex Co. in the State of Mass -  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 83 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1775 April — 8 — privt Gen. Capt. Wm. Smith. Col. J. Mellen   " 76 Feby — 2 — " " Asa Wheeler. " Robertson   " " Sept — 2 — " " Simon Hunt. " E. Brooks   " 80 — 6 x " " White " Brooks   " 78 — 2 — " " Harrington " J. Reed    + on Roll for 6 Mos
 5. In what battles was he engaged? Bunker Hill, White Plains -  6. Where did he reside when he entered the service? Acton  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence, living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct - 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. H. [unclear] Examining Clerk.

John Oliver
No 5570

Commonwealth of Massachusetts.
Middlesex ss.
On this eighteenth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, John Oliver a resident of Acton in the County of Middlesex and Commonwealth of Massachusetts, aged eighty three years, who, being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated:
That in the year 1775 about the last of April as he thinks, he voluntarily enlisted into the service of the U. S. at said Acton, and went from that place to Cambridge and was stationed in the colleges until after Bunker hill battle, at which battle he was present and was soon after removed to winter hill in Charlestown where he remained until the eight months for which he enlisted, expired, and was then regularly discharged. The Col was John Nickerson of Framingham in sd County - the Lt. Col Thomas Nickerson of sd Framingham - the Capt was William Smith of Lincoln - 1 st Lt John Hoole of said Acton 2 nd Lt John Hootwell of sd Lincoln. That again in the month of February 1776 he voluntarily enlisted for the term of two months, and was stationed at the colleges in said Cambridge where he remained until the said term had expired when he was regularly discharged. The Col was Roberson - The Capt Asa Wheeler of Sudbury in said County. That in September 1776 as he thinks he voluntarily enlisted for two months at said Acton. The company, in which he was, went to White Plains in New York where he remained until said two months expired when he returned home. The 1 st Lt was Robbins as he thinks. The Col Eleazer Brooks of sd Lincoln, and he was in the battle of White Plains. That in the year 1780 he again voluntarily enlisted at said Acton for the term of six months, into the service and went to Westpoint and was marched about from one place to another until said term had expired when he received a regular discharge from Col Brooks of New Bedford Governor of Massachusetts. He can not now find it having lost it. The Capt was White and the Ensign Levi Parker of Westford in said County as he thinks. That in the year 1778 he again voluntarily enlisted in the service at said Acton in April as he thinks, for the term of three months. But owing to circumstances he hired one Leighton to go as a substitute for him for the term of one month at which time he went to Cambridge, where said Leighton was stationed, and took his place, and said Leighton returned to said Acton and remained there until said term of three months had expired when he was regularly discharged and returned to sd Acton. The Col was Jonathan Reed of Littleton and the Capt was Harrington of Lexington and the 1 st Lt Elisha Jones of Concord in sd County. He further says that the only evidence that he can obtain would be from one Ephraim Billings whose mind is very much broken he is unable to give his deposition upon that account. And the said John Oliver further says, that he was in Concord in the year 1759. That he was living in Acton at the time he went into the service and since the war had lived in said Acton where he now resides. That he voluntarily enlisted - That in his declaration above he has stated all the names of the officers he

recollects - That Charles Handley and Joseph Chaffin can testify that he always had the reputation of being out in the Revolutionary war. That he supposes that a record of his birth may be found in the town of books in said Concord if there is one at all.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of any state,
John Oliver
We, Charles Handley (there being no clergyman a clergyman in said Acton) residing in the town of Acton and Joseph Chaffin residing in said Acton hereby certify, that we are well acquainted with John Oliver who has subscribed and sworn to the above declaration; — that we believe him to be eighty three years of age: that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Charles Handley Joseph Chaffin mark
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 certify, that it appears to them that Charles Handley (there being no clergyman, resident in Acton) and that Joseph Chaffin who has also signed the same, is a resident in said Acton and are credible persons and that their statement is entitled to credit.
J. P. P. Day Book
Isaac Tinker
Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Oliver for a pension.
In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Tinker
I also certify that Francis Tuttle whose own proper signature is set to the certificate on the foregoing, to wit: that he is a justice of the Peace within and for the County of Middlesex. In testimony whereof I have hereunto set my hand and seal of office the day & year aforesaid.
Isaac Tinker

State of Massachusetts December 28th A.D. 1832, I, James T. Woodbury, a Middlesex ss. Clergyman in the town of Acton in said County, settle since the twentieth day of August last past, do certify that in my belief the within named John Olsson is old eighty three years or more, & that it is the general belief in his neighborhood, that he performed the within recited several services.  J. T. Woodbury  Ms. B. 1. 6 v. 3 p. 37
Middlesex ss. Dec 28 1832 Then personally appeared the above named James T. Woodbury and made oath that the foregoing cer- tificate by him subscribed is true before me.  Horatio Tuttle S. Just of Peace

29 353 Rev INVALID.
File No. 29,353
John Oliver Rev Mr
Act: June 1 st 39 th
Index:—Vol. 2 , Page 306
[Arrangement of 1870.]

5570
John Oliver
J. M. P. Abbot Esq Watford Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Oliver Middlesex City Mass -  which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? yes IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
The certificate of a clergyman has since been obtained in this case
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. †Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
†QUERE XIV. Proof of Service.
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 claimants 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.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

I Charles Hendly of Acton in the County of Middlesex Commonwealth of Massachusetts of the age of seventy, do testify and say, that I am acquainted with John Oliver of Acton in the County & Commonwealth aforesaid. That in the year AD 1780 said Oliver enlisted into the continental service for the term of six months and first Marched to Westpoint from thence to New Jersey and thence returned to Westpoint and there discharged in Patterson's Brigade the other officers I do not recollect. Charles Hendly
Acton August 17 1832
Middlesex ss August 17 1832 Then the above named Charles Hendly personally appeared and made oath that the foregoing affidavit by him subscribed was true
Before me Francis Tuttle Justice of the Peace
I certify that I am acquainted with said Charles Hendly and I consider him a credible witness & a man of truth
Francis Tuttle Justice of the Peace

I James Wright of Carlisle in the County of Middlesex & Commonwealth of Massachusetts of the age of seventy eight do testify and say that I am acquainted with John Oliver of Acton in the County & Commonwealth aforesaid, that in the year AD 1776 in the Month of Feb. said Oliver enlisted and went to Cambridge for two months and served that time under Col. Robertson of Westford and Capt Asa Wheeler of Sudbury in said County
Concord August 17 1832
James Wright
Middlesex ss August 17, 1832 Then the above named James Wright personally appeared and made oaths that the foregoing affidavit by him subscribed was true
Before me
Francis Little Justice of the Peace
I certify that I have been acquainted with the above named James Wright and in my opinion he is a credible & disinterested witness
Francis Little Justice of the Peace

I Solomon Smith of Acton in the County of Middlesex Commonwealth of Massachusetts of the age of seventy eight do testify and say that I am acquainted with John Oliver of said Acton in the County & Commonwealth aforesaid, and in the year AD 1775 said Oliver enlisted into the service of his country for the term of eight months and was stationed at Cambridge & Winterhill under Col. John Dickinson of Farmingham & left William Smith of Lincoln in said County at Ft. John Heald 21 st Lt John Hestwell at the end of the term he was discharged. I also was knowing to said Oliver being at the White Plains for the term of two months commencing as I think in Sept AD 1776 under Col. Ebenezer Brooks of Lincoln and left Simon Hunt of Acton Solomon Smith
Solomon Smith
Acton August 17 1832
Attest August 17 1832 Middlesex ss August 17 1832 Then the above named Solomon Smith personally appeared and made oath that the foregoing affidavit by him subscribed is just & true Before me Francis Tuttle Justice of the Peace
I certify that I am well acquainted with said Solomon Smith and consider him as a credible disinterested witness and a man of truth.