Declaration of Jesse Toliver (Mar. 1, 1834)

Declaration in order to obtain the benefit of the act of
Congress of the 7th of June 1832
State of North Carolina
Ashe County

On the 1st day of March 1834 personally appeared before us the undersigned two of the acting justices of the peace forsaid county and state aforesaid aged seventy-eight years as he believes has no record of his age. Who first being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 1832

that he was born in the state of Virginia Fauquier County. that when young his father removed to James River about 30 miles above Richmond in Virginia lived there about 3 years and removed to Wilkes County North Carolina four or five years before the Revolution was in this part of the country and that he entered the service of his Country when about 18 or 19 years of age as a volunteer and as a Ranger under the following named officers. William LENOIR was Captain and Barnett OWENS was Leunt. that he with the Company ranging the County on Readys River and New River two months against the Cherokee Indians at our station then were marched to the Cherokee Nation on Tennessee River we were marched by the Catawba River and on Swannanoa and then by Pidgeon River and by Tuckassega and into the Indian Town on Tennesee we burnt and destroyed the Indian Town and huts that we found. stayed in that part of the country three months had no fighting as the Indians fled when we came in the Nation. Captain CLEVELAND and his company was there. Martin ARMSTRONG was colonel and Genl RUTHERFORD was commander in chief. the troops was then marched back and discharged.

The second term of my service again a volunteer under Captain LENOIR and Colonel HERNDON we was marched from Wilkes County through Iredell up Hunting Creek and through the settlement on the waters of the Catawba against the torys the Battle was fought when we were about ten or fifteen miles of the place and when we arrived saw the dead lying on the field the torys was defeated and we were marched home after being out in service two months.

The third term of my service again a volunteer under Captain LENOIR against the torys that was commanded by one Sale COFEE or one ROBERTS as he understood we were marched from Wilkes County to the Catawba we pursued the torys as they retreated until they joined the British army near Kings mountain under one FERGUSON. The time that I served in this trip was one month and a half. we were then marched back home.

the fourth term of my service again a volunteer under Captain LENOIR and Colonel CAMPBELL for the purpose of Joining the Army at King's mountain we marched from Wilkes County up the Yadkin River to Johns River to Morganton by the Cowpens and that place all that had Horses went on and left the foot men and got to the Battle that was fought at Kings mountain the battle was fought before the foot men arrived as I was one of them we met part of the Army with the prisoners and I was put as one of the guard over them and went with the prisoners to Salem and to the old town stayed until my three months was out and returned home-

The fifth term of my service again a volunteer under Captain LENOIR against the British that was plundering and doing other depredations near Salisbury in Rowan County and Stokes County when we got there found that our force was not able to come to battle we retreated and came home and stayed about two weeks collecting some reinforcements and then we were marched by Guilford Court House to the High Rock ford on the Haw River in Orange County there we joined General GREENS Army we lay there some time and while there Colonel Micajah LEWIS was the colonel of the Regiment that I belonged to he then said Colonel went with some others to spy out the force of Cornwallis Army and got shot. I well remember to have seen him after he died I saw General GREEN and I believe that General SUMPTER was there I was in service during the two last above mentioned terms five months and then we marched home. I was with Captain LENOIR some other small trips in collecting horses and cattle for to hire substitutes in place of drafted men that lay out and would not fight for their Country and some short trips in pursuing small partisans of torys. I never obtained my discharge as my Captain went and came home with me.

I have no documentary evidence of my serving and the survivors that is now living that was with me is living at a considerable distance from me. Captain now Genl LENOIR is still living in Wilkes County and some others is there as I understand. But I have been for some years unable and still is so that I cannot travel to see them. Soon after the war I removed to Ashe New River now Ashe County North Carolina and have lived here ever since. He hereby relinquishes any claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state. Sworn to before us this day and year above written.

JESSE (X) TOLIVER (his mark)

Supporting Declarations (Mar. 1834)

State of North Carolina
Ashe County

We Drury SENTER a Clergyman and James MCMILLAN residents of the county and state aforesaid hereby certify that we are well acquainted with Jesse TOLIVER who has subscribed and sworn to the above declaration that we believe him to be about seventy eight years of age that he is reputed and he lived in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn to and subscribed before us this 18th day March 1834

Drury SENTER
James MCMILLAN

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State of North Carolina
Ashe County

We the undersigned two of the county magistrates for Justices of the Peace for said county and state aforesaid do hereby certify that after putting the several interrogations prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states, and we further certify that it appears to us that Drury SENTER who has signed the preceding certificate is a Baptist clergyman resident in the county aforesaid and James MCMILLAN who has also signed the same is a resident of the county aforesaid is a creditable person and that their statement is entitled to credit and we, the aforesaid Justices do further certify that we are well acquainted with Jesse TOLIVER who has sworn to and subscribed the above

John RAY Clerk
Abe BALLALLITAN

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State of North Carolina
Ashe County

I John RAY Clerk of Ashe County do hereby certify James MAXWELL and Abe BALLALLITAN who has signed the foregoing declaration and affidavits are acting Justices of the peace in and for said county and that their signatures herewith are genuine given under my hand at office this 18th day of March 1834.

Jno RAY Clerk {Seal}

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State of North Carolina
Wilkes County

Be it known that before me the subscriber a Justice of the Peace in the aforesaid County personally appeared Genl William LENOIR and made oath in due form at law that he was well acquainted with one Jesse TOLIVER now of Ashe county NC during the Revolutionary War, that the said Jesse belonged to a company of militia commanded by himself, a part of the time of that arduous and difficult period and that the said Jesse performed several tours of militia duty under him both against the Indians British and Tories but the particular length of each tour or the particular circumstances under which they were performed this deponent cannot from the lapse of time and loss of memory pretend to recollect he is however satisfied that the said Jesse TOLIVER performed as much service under him, as any other individual ever under his command during the period aforesaid. This deponent further states that the militia commanded by him and to which the said Jesse TOLIVER belonged was called out in the way most usual at that time there being nothing like complete organization or arrangement existing owing to the disturbed state of the country--

Wm LENOIR

Sworn to & subscribed before me this 12th day of March 1834 John MARTIN JP

Declaration of Franky Toliver (Dec. 27, 1842)

State of North Carolina
Ashe County

On this twenty seventh day of December in the year of our Lord one thousand eighteen hundred and forty two personally appeared before James S. MAXWELL an acting Justice of the Peace for the County of Ashe and the State of North Carolina, Franky TOLIVER, being too aged and helpless and infirm to attend the court of Ashe County to make her declaration, a resident of Ashe County, North Carolina aged seventy six years the 6th February next who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the acts of Congress pass'd [struck out: July 7, 1836], the 7th of June 1832 entitled "an act granting half pay and provisions to certain widows" That she is the widow of Jesse TOLIVER a private in the army of the Revolution and wheretofore a pensioner upon the roll of the revolutionary army as will more freely appear from the pension certificate and records of the war Department.

That he was born in Fauquir County Virginia on the Rappahonnock River removed shortly after to the James River 30 miles above Richmond and remained three years then removed to Wilkes County North Carolina about 5 or 6 years before the Revolutionary war. that he entered the service at 18 or 19 years of age as a volunteer under Capt. William LENOIR and Lieut. Barnett OWENS against the Cherokee Indians on Readies River, New River two months: themn marched to the Cherokee Nation on the Tennessee River four months, there was no fighting as the Indians ran away. General RUTHERFORD commanding Capt. CLEVELAND and his company present went on a 2nd trip of two months as a volunteer under Capt. LENOIR and Col. HERDON [to] Ramsour's mill on the Catawba against the Tories and British. The battle was fought when he was in about ten miles of the place and the Tories and British defeated and saw the dead lying thick when arrived there.

Declaration is unable to attend court from bodily infirmity given under our hands and seals the 18th day of March 1834

Franky (X) TOLIVER (her mark)

Sworn to and subscribed on the day and year above writen before me to witness
Jas MAXWELL
John RAY Clerk
Abe BALLALLITAN