Revolutionary War Pension and Bounty Land Warrant Application File [Illegible], for [Illegible] Swarts, New Jersey
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[The top line of the document is cut off.]
or Sworts.
Swarts
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State of New York{
County of Yates{ S.S.
On this 7th day of January 1852 before me a Justice of the Peace, duly authorized by law to administer oath in & for the County and State aforesaid personally appeared Peter Sworts of Starkey Yates County NY - Who being duly sworn, declares & says that he is the Son of Teralt Sworts - deceased, the identical person Who Served in the Revolutionary War as a Teamster That the said Tevalt Sworts - died on the 8th day of July 1850, leaving no widow, and the following Surviving Children only Viz - Peter Sworts
That Some time during the life time of the Said Tevalt Sworts it is believed that he applied to the Pension office at Washington for Pension, Under Act 7 June 1832, and that he filed the proper proof therein to Entitle him to the Same, and that his Claim was Suspended or rejected And this declarant askes that the proof in Said office may be Examined, and the  Said pension May now be granted to the Surviving Child of the Said Trevalt Sworts -
Sworn & Subscribed before me Peter Sworts
this 7th day of January , 1852
James Holmes
Justice of the Peace
State of New York} ss.
Yates County Clerk's Office.}
I hereby certify that James Holmes Esquire, before whom the foregoing declaration and proceedings were had and sworn to, and who has subscribed his name thereto, was, at the date thereof, a Justice of the Peace in and for the county aforesaid, duly commissioned and sworn and authorized to administer oaths, and that his signature thereto is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of said County of Yates, and of the several Courts of record thereof, (being my official seal) this ninth day of January 1852
Alfred Reed Clerk.
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14633
Yates County pleas
In the matter of
Trevalt Swarts a 
Pensioner.
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State of New York}
Yates County Ss}
on this 25th day of September in the year of our Lord one Thousand eight hundred and thirty two personally appeared in open Court before the Judges of the Court of Common pleas of the Said County of Yates now Sitting Tewalt Swarts a resident of the Town of Starkey in the County of Yates aged Seventy Seven years and upwards who being first duly Sworn according to law doth on this 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 was born in Morris County in the State of New Jersey. That Some time in the year Seventeen hundred and Seventy Seven (he believes) he enlisted, in a Brigade of Wagons Commanded by one Jonathan Pitney, who was Connected with the army and with a Waggon and four horses which belonged to his father, he continued [illegible] for the American Army Carrying supplies [the words for the army are crossed out] from Newburgh and [Illegible] Windsor on the [Illegible] River to Morristown to Hacketstown and other places and in the Service he Continued a year and
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ten months according to his present recollection and belief - That before [illegible] he thinks, he was drafted for one Month & [illegible] duth for that period at Elizabethtown under Captain Holbert whose christian name is not remembered, [illegible] Solomon Midough was the Lieutenant. After this he performed a months Service under one Captain Pri[illegible] at Springfield, once he was drafted and called out for a month at Spotswood but did not Stay the month and before being dis[illegible]. on another occasion he was Called out to go against the indians on the Delaware River - but were finally discharged [the words but were discharged are crossed out] before reaching [illegible], and on a different occasion was Called out [illegible] discharged in a few days

And he hereby relinquishes every claim whatsoever to a pension or annuity except present and he declares that his name is not on the pension roll of any agency in any State. 
Sworn to Subscribed} Trevalt his X Swarts mark
the 28 day and year}
aforesaid}
T. J. Nevins - Dep. Clerk}
We Caleb Fulkerson & Baltus Swarts residents of the Town of Starkey in the County
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of yates do Severally [illegible] and [illegible] each for himself Says that he is well acquainted with the above named Tewalt Swarts that he is a man of truth and whose character in all respects is irreproachable, and the said Baltus says that he Said Tewalt Swarts is his Brother, that he Knows that he the said Tewalt was engaged in the Revolutionary War in the waggon or baggage department but cannot say for what length of time.
Sworn & Subscribed this} Caleb Fulkerson
28th day of Sep 1832 -} 
before me} Baltus his B mark Swarts
T. J. Nevin - Dep. Clerk
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State of New York}
Yates County Ss} John Potts of [Illegible] in the County of [Illegible] being duly Sworn Says that he is well acquainted with Tewalt Swarts and was at the time of his [Illegible] in New Jersey that he this deponent served with an [illegible] named Tewalt Swarts as a teamster in the Company or Brigade of Jonathan Pitney - that
Sworn & Subscribed this}    his
21st day of September 1832.} John X Potts
before me Jos. Taylor Examr.}       mark
In [illegible]}
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In Witness Whereof I have here unto set my hand and Seal of office this 28th day September 1832.
George Shearman
Clerk
T. J. Nevin Dep. Clerk.
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No 14633
Tewalt Swarts Yates
County New York
Rejected
J K[illegible] Starkey
Yates County
N.Y.
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BRIEF in the case of Tewalt Swartts
County of Yates in the State of New York
(Act 7th June, 1832.)
1. Was the declaration made before a Court or Judge? A Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 77
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.
Enlisted In 1777 Years, Months, Days. As a Gen.
1 [year] 10 [months] - [days] Waggoner Pitney
Drafted 1 [month] Private Capt Holbert
Drafted 1 [month] " P[illegible]
5. In what battles was he engaged? None
6. Where did he reside when he entered the service? Morris Co N J
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living Witness
8. Are the papers defective as to form or authentication? and if so, in what respect? not connected as the regulations require
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Dyer Castor Examining Clerk.
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[The words Act of July 14, 1862, and March 3, 1873. are crossed out.]
REJECTED
9391
P.O.
Tewalt Swart
Service:
Enlisted:_____________, 18  .
Discharged: __________, 18  .
Application Filed: ________, 18  .
Alleges: _____________
Re-enlisted _________________
Attorney: __________________
P.O. ______________________
____________ Recognized. ___________ Contract.
____________ Cert. of Dis. Searched for [check mark], 18  .
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[Illegible], Chenago Co. N.Y.
Jany 13, 1853
Hon. J E Heath
Comm of Pensions
Sir - 
I send you the [Illegible] Tewalt Sworts and Baltis Sworts applicants under act of 7th June 1832 for pensions. - If on examination they or either of them should be found admissable, will you send the certificate to me
Yours Respectfully
H Hubbard
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9391
Tewalt Swart
New York
Act 7th June 1832
Rejected See
ter to J Taylor
May 8th 1833
W. G. Wade 28th May
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Tewalt Swarts 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 application 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 in which 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 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
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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
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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?
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?
[Illegible]
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 ---months, and --- days, I served as a . For --- days, I served as --- ; and for such service I claim a pension.
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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 they served two years in the militia, &c. without specifying the tours; the names of the
officers, and other direct particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn 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.
+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 authenticates 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 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.
In every case where the clerk of the court, or other certifying officer, 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.
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Washington D.C.
January 22d 1853.
Sir,
As attorney of the representative of Tewalt Swarts applicant for the benefit of act of 7th June 1832, from New York, I would respectfully request a reexamination of the papers field, as he furnished two witnesses to his services: and his credibility is fully sustained, and the character of the service claimed is now fully admitted as Military Service, it is believed this claim should in justice be admitted for one year and nine months as [Illegible].
I am Respectfully
Your Obt Servt
[Illegible]
J E Heath Esq
Comr of Pensions
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State of New York
Chenago County, Ss:
I Horace S. Read one of the Clerks of the Supreme Court of the State of New York do hereby certify that satisfactory evidence has been exhibited that Teralt Sworts the identidal person who is reputed to have served in the War of Revolution as a Teamster died in the town of Starkey in the 7th day of July 1850 leaving no widow and but one Surviving child viz: Peter Sworts.
In testimony whereof I have
hereunto set my hand and affixed
my seal of office at [Illegible] this 
12th day of January A.D. 1852
R.S. Read, Clerk of Chenago County
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Tewalt Swarts
Act 7th June 32, N.Y.
Suspd or rejected
14 Oct
L[illegible] Closs
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State of New York}
County of Yates} Ss Abigail Sworts being duly Sworn according to law saith she is interested in the investigation of the claim of the late Tevall Sworts to arrears or increase of pension.
Sworn and Subcribed before me} her
this 5th day of October 1852} Abigail X Sworts
James Holmes J.P -  mark
Know all men by these presents that I Abigail Sworts, of Starkey N.Y. widow of Tevall Sworts late a sodier of the United States Constitute and appoint, Empower and authorize W.D. Gregory of Canadadaiga N.Y. My true and lawful attorney to prosecute an investigation for the purpose of obtaining arrears of pension believed to be due the late Tevall Sworts at his decease.
Witness my hand and seal this 5th day of October 1852
Signed, Sealed and delivered in} Her
presence of Lydia Sworts} Abigail Sworts
James Holmes     Mark
State of New York}
Yates County} SS On this 5th day of October 1852 personally appeared before the Subscribed a Justice of the peace duly authorized by law to administer oaths Abigail Swort named in the foregoing power of attorney who acknowledges the same to be her act and deed -- In testimony whereof witness my hand the day and year above written.
James Holmes J.P.