Revolutionary War Pension and Bounty Land Warrant Application File R. 10332, for Jonathan Swan, Virginia
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(8-1776)
SERVICE
VA
Swan, Jonathan
NUMBER
R. 10332
CONTENTS
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Jonathan Swan
GA
No. 19572
objs. e.j.m.
Reject
Suspended  see letter
between 1833 to -
from Matt BIE
Clerk Information court
Gwinnett Co. GA
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War Department
Pension Office
April 13th 1833

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 rules and the subjoined notes, your will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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 showing the service of Jonathan Swan.


Period when the service was rendered.
1780 to 1783
Volunteer 1, 1

Duration of the claimants service
Years
Months 3, 3
Days

Rank of the Claimant
Private

Names and Rank of the company officers under whom you served.
Captain Thomas Harding
General Green
Captain Slosien
Captain Tarence
Captain Carr

Names and Rank of the General and Field Officers. General Green

Battles in which the applicant was engaged.

Country through which he marched
From Henry County VA to South Carolina

Place of abode when he entered the service and age at the present period
80 years

Evidence by which the declaration is supported
Traditionary & Witness

was at the time in the service but can give proper statement of times and period

I am respectfully
your obedient servant
J. L. Edwards
Commissioner of Pensions
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832

The following regulations have been adopted:
The 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
County of } S.S.

On this ___day of ___ personally appeared 9a) 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 act 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 and 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 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 (the same) hereby certify, that we are well acquainted with ____, who has subscribed and sworn to the above declarations; 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 is appears to them that A.B. 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 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 this 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. Avery full account of the services of each person
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3.

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 e 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; where 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.
G {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 service 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 traditionary 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 very particular in the inquiry 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 application 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 isa 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 is 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 of 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. If must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place 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 o 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 aper from being improperly attached to the certificate.

Proof of Service.

[j] In 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 oath 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.
>The notes from [a] in [c] 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.
[k] The traditionary evidence is indispensable in militia cases.
[l] if a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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Swan
Revolutionary Soldier
Application Pensions

Free
Lawrence
Nov

Department of War
Pension Office
Washington City
Dec. 4
GA
Jonathan Swan
19572
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State of Georgia
Gwinnett County}
Inferior Court Adjourned Term
November 23rd 1832

Personally appeared in open court it being a court of record setting for county purpose Jonathan Swan a resident of said county of Gwinnett and State aforesaid aged eighty, 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 papered June 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated tours the year he entered the service does not recollect. But was under Captain Thomas Handby & Lieutenant William Watkins and under General Green for the term of three months as a Militia man from the county of Henry Virginia was marched to South Carolina and was discharged at Ninety-Six his discharge is lost or mislaid. that he knows not where it is.
Afterwards as a minute man volunteered in the same county (Henry) for three months, was called out several times once to guard some British and Tory prisoners through several counties but don't remember for the names of the counties under Captain Delaser when retuned was called out after the Indians under Captain Tarence afterward was called out after some Tories under Captain Carr that was out other times was in the serve but through the infirmities of old age can't recollect to give a proper statement of the times and places that there is no person that he can prove his service by but Basil Neal at the close of the war he settled in
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Henry county Va, from thence to South Carolina Pendleton district from thence to the state of Georgia Columbia County from thence to Gwinnett County where he now resides that he was born in the state of Maryland Prince George County in the year 1752 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 the agency of any state.
Sworn to and subscribed the day & year first above written in open court.
Witness William Maltbie Clerk
Jonathan Swan (X-his mark)

Georgia
Gwinnett County} We John Landens a clergyman residing in said state & county with William page residing in the same hereby certify that we are well acquainted with Jonathan Swan who has subscribed & sworn to the above declaration that we believe him to be eighty years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion.
Sworn to & subscribed the day & year aforesaid in open court.
Witness William Maltbie Clerk
John Landen
William Page

Georgia
Gwinnett County} Inferior Court adjourned term
November 23rd 1832

And the said court do hereby declare their opinion after investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier served as he states and the court further certify that it appears to the court that Jonathan Landen who
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who has signed the above certificate is a clergyman resident in the State and county aforesaid and that William Page who has also signed the same is a resident in the said state & county and is a credible person and that their statement is entitled to credit.
Jonathan Swan (X-his mark)
Asahel R. Smith J.P.
J. Marlow J.P.C.
Reuban M. Ellen J.P G.C.

Georgia
Gwinnett County}
I William Maltbie Clerk of the Inferior Court for said county do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Jonathan Swan for a pension. In testimony whereof I have hereunto set my hand and seal of office this 23rd day of November 1832.
William Maltbie C.G.C.
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Basil Neal
affidavit
in favor of Jonathan Swan

Basil Neals
affidavit

Swan, John
Va R.10332
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Georgia
Columbia County}

Personally appeared before me Joseph Rault on of the Justices of the Peace in & for the said county Basil Neal who being duly sworn deposeth & saith that he is well acquainted with Jonathan Swan who married the mother of this deponent in the state of Virginia and he said John took the oath of allegiance at the same time this deponent did and the said Swan served a tour of duty in the state of South Carolina and he was called on at another time to enlist in guarding the prisoners both British & tours through Henry county in the state of Virginia but the length of time he served this deponent cannot state but to the best of this deponents recollection there as no more thirteen than three months the said Swan served in the state of Virginia in Henry County and he considered a hero and good citizen the said Swan is at this time about eighty years of age sworn to & subscribed before me this 25th day of September 1832.
Basil Neal
Joseph C. Rault
Georgia
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Georgia
Columbia County}

I Gabriel Sowes clerk of the Inferior Court in and for the county aforesaid do certify that Joseph C. Rault esquire who has attested the within and foregoing certificate is and was a t the time of the doing thereof an acting Justice of the Peace in and for the said county of Columbia and that full faith and credit should be had and given to his official attestation as such and that the same is in due form.
Sworn under my hand and seal of office this 17th day of June 1833
G. Sowes Clerk
Swan, John
Va R10332
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Columbia County}

I Joseph C. Rault an attending Justice of the Peace in & for said county hereby certify that Basil Neal who has  sworn and subscribed the foregoing affidavit is a man of truth and veracity and that full faith & credit to be given to affidavit as such. Given under my hand & seal this 17th day of June 1833 
Joseph C. Rault. J.P.
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Jonathan Swan
Ga
suspended
Letter to Mr. 1833 to
William Maltbie
Lawrenceville Ga
10332
Act of June 1832
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10,332
P.O.
Jonathan Swan
Service: ______________
Rejected
Enlisted: _______________, 18
Discharged: _____________, 18
Application filed: ____________, 18
Alleges: __________________
Re-enlisted: ________________
Attorney: ___________________
P.O. _________________________
________________ Recognized. ________Contract
_________ Cert. of Dis.  Searched for ________, 18
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Georgia State
Columbia County}

Personally came before me Nathan Crawford Justice of the Inferior Court in & for the county & state aforesaid Basil Neal who being duly sworn deposeth & Saith that he was well acquainted with Jonathan Swan Revolutionary soldier who married the mother of the deponent in the state of Maryland, & the said Swan did take the  oath of Allegiance at the same time the deponent did & the said Swan served a tour of duty in the state of South Carolina at the siege of Ninety-Six under a fight by the authority of the state and was called on at another time to first in guarding British Prisoners & Tories through Henry County with the state of Virginia but the length of time he served this deponent cannot state  but to the best of his recollection there was no tour of duty shorter than three months the said Swan served in the state of Virginia in Henry County he was always believed to be an honest man & good citizen & at the time eighty years old or upwards. Sworn to & subscribed on this 6th September 1833.
Basil Neal
Crawford J.J.C.

Georgia 
Columbia County}
I Nathan Crawford an acting Justice of the Inferior Court hereby certify that Basil Neal who has sworn & subscribed to the foregoing affidavit is a man of truth & veracity & full faith & credit ought to be given to it as such. Given under my hand & seal this 6th day of September 1833.
Nathan Crawford J.J.C.
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Georgia
Columbia County}

Gabriel Sowes Clerk of the Superior Court in and for the county aforesaid do certify that Nathan Crawford Esquire who has attested the within and foregoing certificate is and was at the time of the doing thereof an acting Justice of the Inferior Court in and for the said county of Columbia and that full faith and credit should be had and given to his official attestation as such and that the same is in due form.
Given under my hand and seal of office this sixth day of September 1833.
Gabriel Sowes Clerk
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Georgia
Gwinnett County}

Before me the undersigned a Justice of the peace of said county personally appeared Jonathan Swan of said county who being duly sworn in order to amend his annexed declaration for a pension saith that from his infirmity & old age & consequent lapse of memory he cannot state particularly the length of his service but to the best of his recollection he served as herein after stated tours in the latter part of the year 1780 he entered the service & at the time as stated in his annexed declaration (1 year) as a drafted Militia private for six months in the county of Henry & state of Virginia in a company commanded by Captain Thomas Handly & Lieutenant William Walkins marched to the Allenville District South Carolina and in the early part or the year 1781 joined General Greens army and was in the service at Ninety-Six during that siege & until after his time of service expired when he received a discharge from his said Captain after having remained at the time that the army marched into North Carolina and went home immediately after he received his discharge that  afterwards in the yar 1781 he volunteered and entered the service at the same place as a minute man in Captain Davidsons company & charged the Tories having  skirmishes with them in the counties of Henry , Pittsy Creek Patrick & in the edge of North Carolina to then west & his recollection served four months & was discharged by his said Captain Davidson that afterwards in the year 1781 in the latter part of said days he again enlisted the service in the same capacity in
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company commanded by Captain Torence and pursued some Indians & Tories through Henry & Patrick Counties & edge of North Carolina after this service which was one month he again was called out by the same Captain in pursuit of a company of Tories commanded by Captain Cane for one month more and was after that time on request duty until the Indians & Tories became quit often peace with Great Britain that he was regularly discharged from each service by his Captains but his discharges are lost that he has no record of his age.
That John Landens a clergyman and William Page who have testified Jackson Monroe Esq William Henly Esq and many others of his neighbors to whom he has been long known can testify to his character for veracity & of their belief of his services as a solider of the revolution and that he is an invalid in consequence of his service &c.
Sworn to & subscribed
before me this 11 October 1833.
Jonathan (X his mark) Swan
John Mills J.P.
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Georgia
Gwinnett County}

I William Maltbie Clerk of the Inferior Court for said county hereby certify that John Mills whose name appears to the foregoing affidavit of Jonathan Swan as a subscribing witness is and was at the time of subscribing the same an acting Justice of the Peace for said county and that full faith and credit ought to be had & given to his attestation as such. Given under my hand & seal of office this 22nd day of October 1833.
William Maltbie C.G.C.