Revolutionary War Pension and Bounty Land Warrant Application File W. 5415, for Van Swearingen, Pennsylvania
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Penn & Va    Swearingen, Van   Number W.5415
Newhouse, Eleanor
Former widow
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[illegible]


Inscribed on the Roll at the rate of 480 Dollars
Cents per annum, to commence the 4th day of March, 1848.

Certificate of Pension issued the 23 day of July 1849 and sent to
Jesse C Dow [illegible]
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Copy of [illegible]
of Van Swearingen
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Virginia
Brooke County Towit   I Ephraim Barnes an acting justice of the peace in and for said county and as such one of the judges of the county court of Brooke County, do hereby certify that I have this day examined the inscription on the headstone of a grave on the farm of William Farr in said county and one mile from the town of Wellsburg of which inscription the following is a true copy, towit:
"Here lieth the body of Van Swearingen esq who departed this life on the 2nd day of December 1793 in the 51st year of his age."

Given under my hand and seal this 10th day of September 1847.
Ephraim Barnes J.P.

The State of Virginia Brooks County
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State of Ohio Franklin County 
On this the third day of August in the year of our Lord one thousand eight hundred and forty seven personally appeared before me
Associate Judge of the Court of Common Pleas of said Franklin County Ohio Mrs Elenor Newhouse a resident of Columbus in the County of Franklin aforesaid aged eight four years 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 Act of Congress passed July 7th 1838. Entitled "an Act granting half pay and pensions to certain widows" and an Act of August 23rd 1842 extending the provisions of said act to a widow who marries after the death of her husband. she being a widow at the time she makes application for a pension.
That she is the widow of Van Swearingen who on the 14th of September 1776 was commissioned by the Continental Congress as a Captain in the Regiment raised in Westmoreland Pennsylvania and commanded by Col McCoy as will appear as reference to the journal of Congress for that day. That by the weekly return of the second Pensnylvania Brigade, General was one's division, of the first of April AD 1778 at Harrisburg it will be seen that he was absent from that Brigade in command with the Rifle corps of Colonel Morgan from the ninth day of June AD 1777 up to that period. That he was a captain with said Col organ in his rifle corps at the battle of Stillwater AD 1777. where he was taken prisoner - that a short time afterwards he was exchanged by the British army for one Captain Frazer and resumed his command
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and did serve as a Captain in the army of the revolution for two full years at-least-as will be seen on reference to said Morgans rolls for the said year AD 1778 and that he resigned before the close of the war - that her said husbands papers were taken by his brother and are not to be had by her.
She further declares that she was married to the said Van Swearingen in the month of May in the year seventeen hundred and eighty six in Washington County Pennsylvania, and that her husband the aforewaid Van Swearingen died in the year seventeen hundred and ninety three. That she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January seventeen hundred and ninety four viz: at the time above stated. That she was afterwards in the year seventeen hundred and ninety nine married to John Newhouse who died in the year eighteen hundred and thirty and that since that time she has been a widow. She further swears that she is now a widow as will more fully appear by reference to the proof hereto annexed; and that she has never before made an application for a pension

[signed] Ellenor Newhouse

sworn to and subscribed before me the day and year first above written. And I do further certify that said Elenor Newhouse the above named applicant is unable from age and infirmity to attend and appear in open court in order to make her declaration

John A. Lazell
Associate judge
of Franklin County 
Common Pleas
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District of Columbia
County of Washington
On this 18th day of December 1848 before the subscriber a Justice of the Peace in and for the County and District aforesaid personally appeared William Darby Esq in his 74th year of sound mind and entitled to full credit and belief; who being duly sworn upon the Holy [illegible] of Almight God declares and says
That he was raised in Washington County Penn and that about the year 1781 he was in said county and knew perfectly well Captain Van Swearingen who was a Captain in Morgans Rifle Corps who married Eleanor or Nelly Virgin as she was generally called and known by in said county that she had three brothers Regin Virgin, John Virgin, and Brice Virgin  That she was under the particular protection of Regin Virgin: and that when Capt Van Swearingen applied to Regin Virgin for his sister Nelly aforesais as his intended wife, Regin Virgin observed that he had no objection to the marriage but that he must not ill treat his sister Nelly if he did he must abide the consequences. Regin Virgin was one [illegible] the most powerful men in the union. That the said Capt Van Swearingen and Nelly Virgin were married accordingly in said County and lived together there as man and wife and were so regarded by all the county
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that Capt Van Swearingen was long sheriff of Washington County and that at the time of the events be the affiant heard all these circumstances stated and they made a vivid impression upon his mind  He further declares that Capt Van Swearingen was something of a libertine and had an illegitimate child by a miss Brown who was living there at the time and that it where on account of his libertine issue that Regin Virgin made the threat that he did as he believes and he declares that he has no hesitation in saying that Eleanor Virgin was the lawful wife of Capt Van Swearingen and that the marriage took place at least 12 years prior to 1794 and that said Van Swearingen has no other wife reputed or otherwise as he believes that the said Captain Van Swearingen and his wife Eleanor or Nely moved to Virginia and that since that time he deponent has no other knowledge of them than that he knew where they lived and that time when Van Swearingen died. Which was in the year 1799, the year he, deponent, went to Louisiana: That Capt Van Swearingen was one of those kind of men whose acts were generally known and spoken of and that his intimate acquaintance with the late Capt Henry Jolly a brother soldier of the said Van Swearingen who constantly spoke of him served to make him remember more particularly the circumstances of this case

[signed] William Darby

Sworn & subscribed before me
Saml Grubb J.P. Seale
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Commonwealth of Va Brooke County
Personally appeared before the subscriber a Justice of the Peace in and for the county of Brooke aforesaid in the State of Virginia John Cox who being duly sworn to state the truth and nothing but the truth deposeth and saith that he John Cox is now in his sevetnieth year that he was born in so County of Brook and has resided all his life and still resides in sd county. That he knew Captain Van swearingen very well that sd Captain Van Swearengen lived and died in said county of Brooke and that this deponent passed the house of sd Van Swearengen daily when going to school that this deponenet was at the funeral of sd Captain Van Swearingen; that the deponent has often seen the tombstone which is erected over the grave of Sd Van Swearingen; that the record on sd tombstone including the statement thereon of the time of the death of Sd Capt Van Swearingen is correct and true. this deponent does not now remember the year in which sd Van Swearingen died but he knows it was at the [illegible] on a tombstone which record on sd stone he this deponent has often examined though not lately; secondary to this deponent recollection Capt Van Swearingen died about the year seventeen hundred & ninety four or the year seventeen hundred & ninety five; this deponent remembers that sd Van swearning death occured during the term of Daniel Wazuer Campaign against the [illegible] & before his treaty will them he remember his death to have occured at the term for the fact that the father of this deponent
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our [illegible] wer3e at that term what was called Indian Spies
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the widow of Sd Van Swearingen continued to reside on sd farm of Van Swearingen until about the year seventeen hundred and ninety eight or ninety nine when she married one John Newhouse and she and her said second husband (Newhouse) remained on a [illegible] for three or four years after their marriage & then by an arrangement between sdEleanor & her then husband & children
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and further this deponent saith not. and B. John Cox hereas deposing tot he truth of the foregoing testimony & the facts therein set forth has attested the same [illegible] hereto left.  Given under my hand and seal as a justice of the peace as foresaid this 28th day of May in the year of our Lord 1847  
John Cox
Saml L Marks

The State of Virginia
Brooke County
towit  I Robert Nicholls Clerk of the County Court of said County in the State aforesaid do hereby certify that Samuel L Marks Esquire before whom the annexed deposition of affidavit of John Cox was made, was at the time of taking the same & now is an acting Justice of the Peace in aforesaid county duly commissioned & qualified according to the Constitution & laws of the said state, whose signature thereto is genuine, and to all whose official acts full faith and credit are due and ought to be given - 

In testimony whereof I have hereunto set my hand & affixed my seal at the court hourse of said county this 28th day of May AD 1847 and of the Commonwealth the [illegible]

R. Nicholls Clk
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Wellsburg, Brooke County, Va Sept 20, 1867.

Sir,
I was called upon a few days ago by a young gentleman whom I afterwards learned was a Mr. Hogg, a lawyer from Columbus, Ohio, and who required my knowledge of Van Swearingen, late of this county deceased - I stated, as Mr. H's request in the form of an affidavit, what I know of Van Swearingen, omitting, for I had not then thought of it, that at the time of his decease, he had only three married wives. thereby leaving three widows. I have since been informed by the clerk of our Superior court, that one of the widows - the last married one - is thus [illegible] testimony of the identify of her late (former] husband as the Van Swearingen, who was a captain in the war of the revolution; that her former husband was that officer I have not the least doubt, from my knowledge and conversation with him - but that this woman has had no legal claim for a pension (to obtain which I now understand is the object of her acquiring testimony) I have also no doubt. Her maiden name was Virgin (I think Nelly) She was the third and last wife of Swearingen, who died in the year 1793 - Shortly after which she married John Newhouse, and removed to the Cincinati country; had three chiclred to Newhouse, and three to Swearingen- She is now the widow of Newhouse, who is dead.
I trouble you with this note because I have heretofore been agent for all the pensioners resident in this county, and as my writing and signature is to most of their applications, and to the certificate, or affidavit given to Mr. Hogg, not then knowing the object for which it was obtained - that you may understand that I am no party in favor of an improper or illegal application
I have the honor to be
your obedt servant
W. W. Veency

The Honorable
James L. Edwards
U.S. Pension Agent
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September 30, 1938.

Mrs. French added to this old history

BA-J/ILL
Van Swearingen 
W.5415

Mrs. L. Virginia Grant
323 Washington Street
Jefferson City, Missouri.

Dear Madam:

Reference is made to your letter in which you request information in regard to a number of Revolutionary War soldiers, listed as follow-Captain Hugh Brent, Robert Robb, David Wood, and seven officers with the name Swearingen, one of whom was Captain Van Swearingen.

A search of the Revolutionary War records has been made and no claim for pension or bounty land found which was made to the United States based upon service of Hugh Brent, Robert Robb, Malcolm Wood, or Captain Thomas H. Wood, nor of any of the Swearingens listed by you except that of Captain Van Swearingen; no claims could be identified of the particular David, John or Jonathan Wood in whom you are interested. The record of Van Swearingen is given herein, as found in pension claim, W.5415, based upon his service in the Revolutionary War.

Van Swearingen was commissioned August 9, 1776, captain in a regiment raised in Westmoreland County, Pennsylvania, served in Colonel Mackay's and Daniel Broadhead's 8th Pennsylvania regiment until June 9, 1777, from which time he served as captain in Colonel Morgan's Rifle Corps, was in the battles of Stillwater and Saratoga, where he was taken prisoner, after a short time, was exchanged for Captain Fraser, a British officer, and resumed his command. He resigned before the close of the war, having served in all more than two years.

This officer married in May 1786, in Washington County, Pennsylvania, Eleanor or Nelly Virgin, a daughter of Jeremiah Virgin. Captain Swearingen and his wife, Eleanor, lived in Washington County, Pennsylvania, where he was sheriff for many years, later moved to a farm on the western frontier, the disputed territory between Virginia and Pennsylvania, later incorporated as Brooke County, Virginia; their home was about a mile above the town of Wellsburg in said Brooke County.
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Captain Van Swearingen had two other wives whose names are not shown, nor dates of those marriages. He died December 2,1793, and was buried on the farm of William Tarr, one mile from Wellsburg: the inscription copied from the headstone shows-"Here lie the body of Van Swearingen, Esq. who departed this life on the 2nd day of December 1793 in the 51st year of his age."

Captain Van Swearingen and his wife, Eleanor, had three children.

After this officer's death, Eleanor resided for some time on the farm where he died her own father, Jeremiah Virgin, lived there with her a part of that time. Eleanor married in 1799, John Newhouse: they resided in this farm some years, moved about 1804 to "The Barrens of Kentucky", about 1813, moved to Butler County, Ohio,, thence in 1817, to Hamilton County, Ohio: John Newhouse died there July 29, 1830.

John Newhouse and his wife, Eleanor, had three children.

Eleanor Newhouse was allowed pension on account of service of her former husband, Captain Van Swearingen, in the Revolutionary War on her application executed August 3, 1847: she was then a resident of Columbus, Franklin County, Ohio, aged eighty-four years. In 1848, she was living in Columbus with her daughter, Eliza Jane Middleton; this daughter's age not given, nor the name of her father designated. No other names of Eleanor's children were stated. Eleanor Newhouse was residing in Columbus, Ohio, in 1850.

Eleanor had three brothers, Rezin, John and Brice Virgin, their ages not given. Reference was made to a brother of Captain Van Swearingen, but his name was not stated.

In order to obtain the date of last payment of pension, name of person paid, and, possibly,, the date of death of this widow, you should address the Comptroller General, General Accounting Office, this city, and cite the following: Eleanor Newhouse, widow of Van Swearingen, certificate #3992, issued February 23, 1849, rate $480 per annum, commenced March 4, 1848, Act of February 2, 1848, Ohio Agency.

Very truly yours,

A.D. Hiller,
Executive Assistant
to the Administrator.

[handwritten note]  9-30-38
[illegible] Van Swearingen Capt 8 Pa. was Capt. Ky Mil 1791-died Nov 4-1791- St. claus defeat near Ft Recovery Ohio is not given this claim [illegible]
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The affidavit of Soloman Cornwell of Wellsburg Brooke County Virginia taken before Ephraim Rennes Esq a justice of the peace in and for said county on the 24th day of January 1849.
Solomon Cornwell of Wellsburg Brooke County Virginia being first sworn deposes and says.
I came to Wellsburg (then Charleston) to live in May 1798, and was at the time eighteen or nineteen years of age.  I was acquainted with John Newhouse he came to the town the next fall or winter after I did. Captain Van Swearingen's widow lived about half a mile [illegible] town when I first came here to reside. I think John Newhouse and the widow of Captain Van Swearingen was married sometime in the next year 1799. I recollect of hearing the marriage talked about at the time tho I was not present at it. They lived together there several years afterwards as man and wife, and moved to the [illegible] of Kentucky. They must have been married by the Revd Joseph Dodd an Episcapalian Minister, as he was the only person there at the time authorized to celebrate the rites of matrimony  I became deputy clerk in the county court of Brooke county in 1803, and the said Joseph Doddridge was careless about returning his certificates of marriage to this office
He seldom made returns more than once a year and then he did not return all. Newhouse and the said widow had the reputation of living honestly as man and wife, and no suspicions of their living illicitly together
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did I ever hear of, and if such had been the case I could not but have heard it, but remembered it. And futher this affiant saith not.

L. Connell

Virginia
Brooke County to wit
The foregoing affidavit was sworn to and subscribed by Lomen Connell before me a justice of the peace in and for said county in my said county  this 24th day of January, 1849 Given under my hand and seal this 24th day of Jan 1849.
Ephraim Barnes J.P. Seal

The State of Virginia
Brooke County 
ss I Robert Nicholls clerk of the county court of said county in the State of Virginia aforesaid, do hereby certify that Ephraim Barnes Esq is a Justice of the Peace as above stated, and that the foregoing signature purporting to be his, I believe to be genuine  In testimony whereupon I have hereunto affixed my seal of the [illegible] and subscribed my name this 23rd day of January 1849
and in the 73: year of the commonwealth 
R. Nicholls Clerk
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Department of State
Washington Jany 13th 1849

Hon. J.L. Cummings
Ho of Reps

Sir:

In compliance with the request contained in your letter of the 13th instant, I have caused  the Washington Papers to be examined for evidence of the Revolutionary services of Capt Van Swearingen and have to report as follows:

"In a paper entitled "Rank of Officers in the Pennsylvania line, 2d Sept 1778" Van Swearingen is returned as a Captain of the 8th Pennsylvania Regiment, commanded by Col Daniel Brodhead. date of commission 9th Augt 1776

[the following paragraph crossed out] In a paper entitled "Col Ogden arrangement Joseph Day is returned as 2nd lieutenant of Col Ogden regiment, date of commission 28 April 1776. In the same paper appears the following note "Those officers who have dates affixed against their
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[text crossed out] names are such as were nominated by Col Ogden's or his Excellencys authority

I am sir, very respectfully your obt servant

James Buckhausen
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Jesse E. Dow
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No 13445
Eleanor Newhouse 
widow Van Swearingen

Act 7 July 1838

[illegible]

JE Dow  Present
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Office of the Clerk of Franklin Common Pleas Columbus Ohio. August 11th A.D. 1847
The State of Ohio Franklin County ss.
I Lewis Heyl Clerk of the Court of Common Pleas within and for the said county and State certify that the Hon. John A. Lazell before at  and after the date of the foregoing affidavit and certificate was and still is an associate Judge of said Court, duly commissioned and qualified; that the commission was dated on the 13th day of March A.D. 1844 and will expire on the 14th day of March A.D. 1851; that the signature appearing to said foregoing certificate and purporting to be his, is true and genuine, and that full faith and credit are due and given, both in and out of Judicature to all his official acts as such Justice of the said Court of Common Pleas.
Witness my hand, and the seal of said court, the day and year first above written

Lewis Heyl Clerk
Franklin Commons Pleas
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John Cad's affidavit
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The State of Virginia
Brooke County ss
We the undersigned do hereby certify that we are and for some years past have been well acquainted with John Cox who signed and swore to the annexed affidavit that said Cox is a man of good character and respectability whose veracity and statements under oath are entitled to full faith and credit. Witness our hands this 24th day of January A.D. 1849

R. Sickells Esq
Adam Kahn Clk Roanoke
[illegible]
Immanuel Cate
John Brown
Moses B Clement
S. Jacob [illegible]N
Nathan Reeves
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Clerk of Franklin Common Pleas,
Columbus Ohio, February 12th A.D. 1849.

The State of Ohio, Franklin County,, ss.

I Lewis heyl, Clerk of the Court of Common Pleas within and for the said county and State, certify that Daniel Evans Esq before, at and after the date of the annexed affidavit and certificate was and still is an acting Justice of the Peace, in and for said county duly commissioned and qualified; that his commission was dated on the 27th day of November A.D. 1848., and will expire in the 27th day of November A.D. 1851.; that the signature attached to said affidavit and in certificate and purporting to be his, is true and genuine; and that full faith and credit are due and given, both in and out of Judicature, to all of his official acts as such Justice of the Peace.
Witness my hand, and the Seal of said Court, the day and year first above written.

Lewis Beryl  Clerk

I James L Torbaert President Judge of the Court of Common Pleas, within and for the County of Franklin, and State of Ohio, certify that Lewis Heyl is Clerk of said Court; that his attestation above is in due form of law, and that to all acts by him so done full faith and credit are and ought to be given in Judicature and therout.
Dated February 12th A.D.i 1849.

J.L. Torback President Judge
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Department of the Interior
Pension Office

2 Comptrollers Offices
Washington D.C. 
Sept 5 1884

Hon. Commissioner of Pensions
Sir:

I have the honor to request information as follows: What was the service Place of entereing - term for - rank & c of the following names who served in N.C. or S.C. regiments during the revolutionary war:  Thomas- Van - Richard - Frederick - John - Elias - & Bowling Swearingen; also were any of this name klled at the seige of ninety-six if shown by the roll in office: Van's widow Eleanor Newhouse -5414

Very Respectfully

HH Swearingen

[interlined]  6113 Peggy  31401   31402  31401
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Van   [illegible]  in Capt Harris Co enlisted 1777 Expl Oct 31 1777 NC 4th Copt Regt

[stamp]  US Pension Office Sep 5 1884
Chief Clerk
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Columbus November the 17  1850

Dear Sir

I address you on a subject of bussiness and as you know with out any acquaintance further than the [illegible] of my formore lawer man sow whoo has lattey died as a new that you was his pardenor at the time that hee obtained my pention I subposed that you was a lower all and that you new beter how to gow to wonke to obtain my presente clame then any other man per hopes you all nedy have aidied of it doo not know what Mr. Dow has donn whether he has astablisted my clame or not he wrote me fearable on the subject te and saide hee was waten for a little further proof which was to bee obtaind from the Captal of Pensyvania and as soon as hee obtained that hee wold go to worke and so the mater remaines I now not what is [illegible] thiss mater the dilay attended to for iff obtained in my life time it is intiemy mind now I wish to imploy you as my lawer in thiss case my clame is bowty land and commutation for the sirves of my husban Capt Van Swearingen hoo sirved in the revelution wore hee never aplied for anny thing as hee was welthey
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and did not need it mee and one anytwo of my childrin is rather pawn and I miss to gibe it th are that seede it moste hope you will take thiss mater in hande iff you ar not alowen you lan im play those you may thinke proper to assiste you per hapes you can gete som information from Mr. Lietz who ho was other Sow clerke and replied to me severel times
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Sept 14 1776, Journal of Congress 355 P Vol 2 - 356. vol 2  Van Swearingen
on weekly return 2d Pa Brigade Gen Magnes Division April 10 '78 Capt Swearingen is marked as absent from 9th June 1777 one commander Col Morgan
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Jany 69

Geo Frey
W. Ames

Hon Geo Frey
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[illegible]
of the widow, of 
Capt Van Swearingen
of Ohio
formerly of PA line

Hon Geo Fres HR.
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State of Ohio
Claremont County

Before me the undersigned an acting Justice of the Peace in & for said county personally appeared William M Veirs of Lawful age and after being duly sworn by me, deposeth & saith that he is personally acqainted with Mrs Eleanor Newhouse now a resident of Columbus Ohio, That he knew her as the reputed lawfull wife of Captain Van Swearingen, was acquainted with them both when they lived together as man & wife & believes they were Lawfully such, and that Captain Van Swearingen served in Col. Morgans Rifle corps, during some part of the revolutionary war this he believes from the fact that he was well acquainted with two men who served under him who had often related the history of theirs and Captain Van Swearingen serving to him. And that he knew said Eleanor after the death of said Van Swearingen as the wife of John Newhouse whoes widow to the best of his knowledge & belief she now is and further this deponent saith not

[signed] [illegible]

Sworn to & subscribed before me this 31st day of May AD 1847
Squire Frazee J.P.
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The State of Ohio
Clarmont County SS
I R. W Clark eClerk of the court of common pleas of said county certify that Squire Frazer Esq before whom the within affidavit was to her was at the time of taking thereof on acting Justices of the peace within aforesaid county duly commissioned & qualified as such a that his signature thereto is genuine

In witness whereof I have hereunto set my name & affixed the seal of said court at Botovis the 4th day of June 1847

R. W. Clarke Clerk

The State of Ohio Clermont County  We the undersigned do hereby certify that we have been well acquainted for something like thirty years with William M. Viers who signed & swore to the annexed affidavit - That said Viers is now dead, he was a respectable man - A man of truth, & whoes statement under oath are in there to full faith & credit.  Jan 7 22nd A.D. 1849

Dowdy Utter 
Squire Frazee
JR Daughters
William Wentzel
Jos [illegible]
John M House
G.W. Redmon

I hereby certify that I am acquainted with the seven persons whose names are attached to this papers as [illegible] for the veracity of [illegible] that they are all respectable men of good character & entitled to full faith & credit 6 Feby 1849

[illegible]
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Columbus, Ohio, Dec 23, 1848

June R. Dowby

Dear Sir,

I perceive that you are engaged in the laudable cause of obtaining a pension for the widow of Capt Van Swearingen, now Mrs. Newhouse. The old lady is of the highest respectable & needs the pittance due her from government. I hope you will be successful in your undertaking as a matter of justice to one so highly deserving - as a debt of gratitude [illegible] from the government.
being truly
S. Wedssy
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Columbus March 11 1847

Respected

Sirs Mr. Rablin & Gibbert has written to you on the subject of a pension which I clame that informed me that tha recived a geten from you staten that tha cold not find the name of Capten Van Swearingen on your records he was undougtly a rifle capten in Mrogand Cor he sirved three years and som months was taken prisoner in one of the battes I doo not know which it was exchanged for a captain fransen I think tha was the name he nessined be four the ware ended I thinke the hold mater may bee found by re[illegible] to the memoirs of a genl Wilkinson I all so thinke that one of the ayeanis a som yeares a gove clamed some rashinges manny which this Capten you finnished the armey dunen his sirveses; write now in my eighty forth yere and clame nothing but what is my juste due I thinke that there musto bee some otten records you have note nateste on her haps over looked
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teh name his firste loutenient was by the name of John Manden if you can not find the name on record pleas informe me if thare is no ther evidences will answer I can proove manny thinge on this subject but whether tha will answer or not I do not know and i [illegible] to you for infermation which i hope you will give to me in your answeer to this you all so spoke of his beeing a man [illegible] i think not i am twenty yeares younger then hee was and do not know the perticklers iff such proofe as those i will mention will answer i can produce them firste that i am his lawfull wife an was marid to him in washington conty pensylvania in the yeare 1786 i have proof that hee died in yeare of 1793 and the length of time i was his widdow and as menny men of respecteble standinge as you may pleas to mention hoo knowes from a personel acquaintance and sircumstances that he sirved in Morgens core and will make ath of this such as those i can furnish you with pleas examining closeley and write directe to somn yours respectfuly E D Middleton
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Washington D.C.
Dec 18 1848

Sir
Having by mere accident heard that William Darby Esq of the Treasury Department a gentleman of distinguished reputation and high moral excellence possessed important information in relation to the marriage of Eleanor Virgin now Mrs. Eleanor Newhouse with Capt Van Swearingen a Captain in Morgans Riflemen who was taken prisoner at the battle of Stillwater and released from the enemys control at the Battle of Saratoga I called upon him this day and obtained the enclosed affidavit which will I trust be deemed sufficient to carry the case through your office Mrs Van Swearengen now Mrs Newhouse has had her reputation assailed and her children almost bastardized by a secret court of one who erred to say the least and whose bare assertions cannot weigh in a court of Justice against Mr Darby's clear full and satisfactory statement a statement Voluntarily made for the sake of truth and to vindicate the character of the
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innocent and defenceless widow
In Justice having been done this poor old lady now upon the verge of the grave not by the office but by the secret informer whose misstatement if he made it from malice or whose error if he made it from ignorance is now reputed and exposed I deem it to be my duty to call your immediate attention to this matter and to ask for her the certificate of pension to which she has so long been entitled. Mrs Newhouse resides in Columbus Ohio and from Judge Bryan of Ohio and Gilbert Baldwin of Columbus I learn that her character is unimpeached and unimpeachable and I cannot consent that malice or ignorance shall longer stand in the way of justice and the due administration of law
Mrs. Newhouse last latter I also enclose and knowing that when satisfied of her identity and authority you will be eager to do her justice I leave the old ladys reputation and her claim to her husbands blood bought bounty in your hands

Very respy your obt sv
E. Dow

Hon J L Edwards
Commissioner of Pensions
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Paid

Jesse E. Dow Esq
Washington City D.C.
Page 41

Columbus Dec the 11th

Respected Sir

I am three weaks sinc  I whote to you on the subjecte of a claime of pention in the sirveses of my husban Van swearingin you are imployed in thiss case and of corce hknow all that concernes it i desired you to drope me a line informinge me whate was wanten as proof to obtaine it i mention to you in my other leter that the byans was hunten up all olde papers and proofes thate [illegible] he had in relasion to Cap. Van Swearingin estab and iff i  knew whate was wanted it mite now bee had i am very anxious on this subjecte i am now in my eighty six yeare and am groing every day infirme and know by the law of nature that i can not remaine here longue and i de[illegible] that it may be speedily attended to and iff so it may probely be obtained in my time which wolde bee a grate sadisfaction to me that often my lawers are payed that i may have it in my power to give the balance to those that deserve it will you have the goodeness to answer this and tell me whether you thinke it will every bee obtained pleas write all so to Mr Baldwin and [illegible] him up doo not neglecte to write to me yours very respectful Elenor Newhouse  to E.M Middleton Esq
Page 42

Eliza Jane Middleton his home you will directe to she is my daughter hume i am given with you will pleas escuse my bad writen when i seen Mr Balwin hee tolde me hee had not herde from you for a longe time  pleas write to me on the resepete of this ande all so to Mr B 
yours E Newhouse
i shall wate anxiously
Page 43

Office of the Clerk of franklin Common Pleas, Columbus, Ohio July 14th A.D. 18

Franklin County ss
I Lewis Heyl, Clerk of the Court of Common Pleas within and for the said county and State, certify that A. Patton before, at and after the date of the annexed affidavit & certificate was and still is an acting Justice of the Peace, in and for said county duly commissioned and qualified; and his commission was dated on the 11th day of August A.D., 1846, and will expire on the 11th day of August A.D., 1849; that the signature appearing to said affidavit and certificate and purporting to be his, is true and genuine; and that full faith and credit are due and given, both in and out of Judicature, to all his official acts as such Justice of the Peace.
Witness my hand, and the Seal of said court, the day and year first above written.

Lewis Heyl Clerk.

I Christian Heyl Senior and presiding associate Judge of the Court of Common Pleas written and for the county of Franklin in the state of Ohio certify that Lewis Heyl is clerk of said court; that his attestation above is in due form of law, and that to all acts by him so done, full faith and credit are and ought to be given in Judicature and thereout
Dated July 14, 1847
C Heyl
Sworn and subscribng Associate Judge
Page 44

1849 Jany 11 Rec'd of Hon J L Edwards Coms of Pensions the depositions of Wm Biess & John Cox filed in pension office in case of application for pension for Mrs Newhouse widow of Van Swearingen of Rev soldier - said depositions recd to have credibility of witnesses certified 

JD [illegible]
Page 45

Receipt
Page 46

Eleanor Newhouse
Widow of Van
Swearingen, Captain va line
- Ohio - 
Act 7 July '38
Hon. John D. Cummins,
H.Ref
$480 per an
act of 38      com 4 March '36
& acts 43
44

Died 2 Dec 1793
Page 47

Elenor Newhouse
Page 48

State of Ohio Franklin County S.S.

Personally appeared before me an acting Justice of the Peace of Franklin County State of Ohio Joshua Markland who being by me solemly sworn deposes and says that he is personally acquainted with Mr.s Elenor Newhouse now a resident of this city of Columbus Franklin County Ohio. That he has known her well for a long time. That when he first became acquainted with said Elenor Newhouse which was sometime about the year AD 1796 he knew her by the name of Mrs Elenor Swearingen athe widow of one Captain Van Swearingn as he has always heard him called and he was somewhat known in the place where this affiance then lived. which was near the town of Wellsburg Virginia, an account of the deposition of his having served sometime during the revolutionary was as a captain on Morgans Rifle corps as it was then understood. That at the time this affiant first knew said Elenor as above stated. aas the widow Elenor Swearingen she was in the possession and enjoyment of a landed estate left her by her late husband Capt Van Swearingen by will. That [illegible] said Elenor to be the same Elenor mentioned in the will of said Captain Van Swearingen to whom he left a harge amount of property as his wife. For that the said Elenor claimed said property. lived on a farm near the town of Wellsburg. State of Virginia. That formerly belonged to said Captain Van Swearingen and was a part of
Page 49

said property bequeathed to her by said will. and ever after said Captain Van Swearingen doth always considered the lawful and true owner of said farm. This affiant further says: that in the neighborhood where said Eleanor Newhouse lived and where he was well acquainted with her she was always considered as the widow of said Captain Van Swearingen whose lawful wedded wife she always had been considered previous to Captain Van Swearingens death that to the best of his information and the said Captain Van Swearingen died about the year A.D. 1794. And he knows said Elenor Swearingen as the reputed widow of Captain Van Swearingen until the year AD 1798 when said Elenor Swearingen was married to John Newhouse which event took place according to the best of his recollection the month of May in the year A.D. 1798. That he was well acquainted with the father of  said Elenor: Jeremiah Virgin by name. That [illegible] the widow [illegible] and said Van Swearingens death. We resided with said Eleanor during her said widowhood and was very intimate with said Elenor's family and also with her said father Jerimiah Virgin-and this affiant further says that he is sure that the said Elenor Swearingen [illegible] the same person as the widow of Captain Van Swearingen was formerly Elenor Virgin and that was her name before she was married to said Captain Van Swearingen
Page 50

This affiant further says: that said John Newhouse and said Elenor after new marriage with said Newhouse as before stated continued to reside on a farm near said town of Wellsburg Virginia as man and wife until sometime about the year A.D. 1804 or 1805 when they left Virginia with the intention of going to reside in Kentucky where he believed they did reside for some time. This affiant further says that in or about the year AD 1813 he removed with his family to Butler County in the state of Ohio. and that very soon afterwards said John Newhouse and said Elenor Newhouse came to reside in said county of Butler in the said state of Ohio and near this affiant that they [illegible] to reside there until the year AD 1817 when said John Newhouse died in AD 1810 which event took place on the twenty seventh of July A.D. 1830. This affiant was present at the time of the death of said John Newhouse and hence recollects to the time and circumstance that since the death of said John Newhouse said Elenor Newhouse has remained the widow of said John Newhouse that since said Newhouse's death this affiant has known said Eleanor Newhouse well and seen her frequently and previous has known her to be the widow of Captain Van Swearingen and as the daughter of Jeremiah Virgin as above stated.

Jonathan Markland

Sworn to and subscribed before me this ninth day
Page 51

of July 1847. and I the undersigned do further certify that I am personally acquainted with the above named affiant Joshua Markland and do believe him to be a creditable and truthful person

A Patton Justice of the peace of Franklin County and State of Ohio
Page 52

Elenor Newhouse
Memorandum
1849
Page 53

The petition of Elenor Newhouse widow of Capt VanSweringen states that she was married to him in May 1786 in Washington Co Pa. that he died in 1793: that she married John Newhouse in 1799 & that he died in 1830, that she is the widow of Capt. Van Swearingen & entitled to a pension (see declaration)

Did Van Swearingen serve as an officer in the Revolutionary War & if so how long? What was his rank ? Is the petitioner his widow & was she married before 1 Jany 1794? Is Newhouse dead?

Proof
1 The journals of Congress Vol 2 Page 335 shew Van Swearingen's appointment
2. The Washington Papers in the State Department contain the following vis: "Rank of officers in the Pennsylvania line. 2 September 1778 Van Swearingen is returned as a Captain of the 8th Pennsylvania Regiment Commanded by Col. Daniel Brodhead date of commission 9 Aug 1776,
This shews by record proof services as a captain for 2 years & 24 days. A certified copy is filed with papers marked marked 2
The services and rank of Capt Van swearingen is also proved by the testimony of John Cox. Wm Mbiers: Solomon Connell Joshua Markland & Mr. Darby. Most of these persons were contemporaries of Van Swearingen his neighbours & personal accquaintances.

3. Mrs. Elenor Newhouse (whose maiden name was Elenor (Virgin) married to Van Swearingen John Cox whose credibility & good character is vouched for by eight of the most respectable men
Page 54

Brook, co, Va. among other things swears that he was born in Brook Co Va. has lived there all his life. That he is in his 70th year - that Van Sweringens farm joined the farm of deponents father - that Swearingen lived & died in Brook. Co. Va. that deponent knew Van Swearingen and his wife Elenor whose maiden name was Virgin - that he passed their house daily going to school - that they lived together as man and wife and were so considered and reputed to be at that time & at the place of their residence - that Van Swearingen is dead & that his death was a marked event as he had been a Captain in the Rev. War - that the deponent has often visited Swearingens tombstone. Witness then details some what the history of the petitioner, her marriage with Newhouse his reputed death - 

[side note] Mr Biers.  
Swears that he was personally acquainted with Capt. Van Swearingen & Elenor his wife: that they lived together as man wife and were so considered & reputed to be at that time in Brook Co where they lived & died he believes they were man & wife: that he knew the petitioner afterwards when she was the wife of John Newhouse - that she is the same person who was the wife of Capt. Van Swearingen & is now a widow - His character for truth & probity is vauched for by seven respectable men of Clement co Ohio.
Joshua Muckland Mr Darby & Soloman Cornel
The death of Van Swearingen is proved by sundry persons also by a certified copy of his eptiaph
Page 55

5th The death of John Newhouse is also proved
6th The good character of the petitioner is vouched for by Col. Samuel Madeny's letter on file

The residence of Van Swearingen was located on the western frontier. in the disputed territory between [illegible] Pa. near the Ohio River & the bloodiest spot of that sanguinary, desolating war which was so fiercely waged between the border setlers & the savages. From 1786 to 1793 but few heard of private events were made in that country; with ink on parchment. Every man held his life in his hand & most of the records that were made at that period & at that place were traced upon the memory of the living in character crimsoned with the blood of slaughtered relatives, friends or neighbours. The circumstances of his marriage, under the threat of the pistol of Elenors brother, was not likely to call together many spectators or recording officers. The priest or parish clerk were functionaries but little known there at the time. Hence the marriage to prove any on who was present may be impossible but no one can doubt the fact who has red the testimony on file or lived in the neighbourhood of Van Sweringen [illegible] all the other necessary facts are I believe established. I formerly lived in the region of Van Swearingens old residence and know in part this praditionary history. Mrs Newhouse now resides in my state (Ohio) For these reasons I take an interest in her case.  6 Feb 1849   I B Cummins
Page 56

8472

Ohio
Eleanor Newhouse who was widow of Van Swearingen who was a Captain in the Revolution

nscribed on the Roll at the rate of
480 Dollars
Cents per annum, to commence on
the 4th day of March, 1843.
Certificate of Pension issued the
and sent to
day of February 1849

Hon. J.D. Cummins
House of Reps

[Acts of March 3, 1843, and June
17, 1844.]
Recorded in Book A 2
Vol. 1.
Page 207
Page 57

10540

Ohio

Eleanor Newhouse, who was widow of Van Swearingen and who died on the 2nd Dec 1793 of   in the state of    
who was a ..... in the ....
commanded by Captain .... of the
Re'd commanded by Col Brodhead in the Penna line for 2 years.

Inscribed in the Roll of Ohio
at the rate of 480 dollars cents per annum, to commence on the 4th day of Marck, 1836.

Certificate of Pension issued the 6th day of Feby 1849. And sent to Aw J D Cummins.

total amount,

[Act July 7, 1838.]

Recorded by F.S. Evans Clerk
Book D  Vol. 1.  Page 343
Page 58

State of Ohio
County of Franklin
On this twelfth day of February A.D. 1849 personally appeared before the subscriber a Justice of the Peace in and for the State and County aforesaid Mrs Eleanor Newhouse a resident of Columbus in the County of Franklin aged eighty one years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 2d February 1848 granting pensions to widows of persons who served during the Revolutionary war. That she is the widow of Van Swearingen who was a captain in the army of the Revolution was in Broadheads regiment of the Pennsylvania line and served in the rifle corps commanded by Col Morgan at Stillwater & Saratoga and that she received under the act of 17th June 1844 a pension the annual amount of which was four hundred and eighty dollars. She further declares that she is still a widow.  Elenor Newhouse
Sworn to and subscribed on the day and year above written before me 

Daniel Evans J.P. Seal
Page 59

Columbus Ohio 14  50

My dear sir

My leter writen to som four weakes since I learn through Mr Gracken you recived and are now examing the papers, I think my papers has but little to doo with the mater you will find by the [illegible] you will find severl battles her distingish him self in and all so by those batles that her was in the [illegible] at the time that the law was maid for land and commutation pay. and one of those batles was the batle of Stillwater I thinke he was tkane prisnor at that batle and exchanged for a Capten Jenasure now Mr Gow spend to thinke thare was nothing wonten but som proff which was to be had at the capitle of Pensylvania which he said he was expecten enny day and then said hee wold gow to worke no doubt you will know what thiss proff is I doo not know I know that hee never recived anny thing from governmente and consiquentley there is the provision that the law give him fild in and severel others important facts which, truste
Page 60

you will take care [illegible] as to the memory of my olde friends is ded since those papers was got ifs  you will agree to worke with all of your power I thinke you can soon accomplish it it is coming to me ifs obtaind in my life time and I truste you will not delay one hour as I doo not expecte to live longue you shall bee ampley paid for all of your sirvises ifs anny thing is obtaind and that is all I can provides you that is the way I claim with ether law and hee had not one paper to commence with ifs than is anny thing wanten that you thinke i can informe you of you will please tell so what it is you muste write to me soon and tell mee what your prospecte is of obtaining it you did not annwer my other leter you must iff you please answear on this subjecte in my life time and my age will not slow me to remain here longe with a hope to here from you soon, remain yours affectunately   Elenor Newhouse
formerly Swearingin the wife of Captain Van Swearingin
Page 61

Columbus O Dec 4, 1850.

I V. Patton Esqr:

Your letter in answer to my inquiry as to whom had succeeded to I.E.Dow's business, came duly to hand. Some 3 weeks ago, after I received your letter, I recommended you to Mrs. Newhouse, as a suitable person to undertake the prosecution of her claim, on the subject of which, previously to his decease, she had held of a correspondence with I.E. Dow. If you will recollect, she obtained through Mr. Dow's agency a Pension, as the widow of Capt Van Swearingen. She now thinks she is also entitled to the Bounty land & Commutation Pay which the Captain should have received. - And, as Mr. Dow had the handling of all the papers which proved his services satisfactorily to the government, as well as those proving her his widow, she thought him to be most likely to succeed for her. The last communication received from him stated that he had written to Harrisburg for information, (not stating of what nature), and after that, he would go to work. This was about 2 or 3 months before his death. - Now, the old lady wrote you herself, about 3 weeks since, desiring to know whether you would engage for her, but as yet, she tells me, she has received no answer. She is now in her 88th year, and knowing she cannot be expected to live long, is desirous that the utmost possible expedition shall
Page 62

be used, that the claim shall be secured during her lifetime. Therefore be good enough to answer promptly on the receipt of this, - direct to, Mrs. Ellenor NewHouse, care of W.A. Fracker, Columbus, O.

I am obliged to you for the forms you sent me in relation to pensioners on account of the Mexican War with business of that nature, I turned them over to a friend who has, with a word in your favor. You will recollect me as the individual who travelled with you to Cincinnati, drew Mrs. Newhouse's pension on the Commercial Bank there, and at night, after we attended the Theatre, took an Oyster supper together as the Bank Exchange.

Ms. Dors gave some considerable assurance that the claim might be obtained, and also that if obtained in Mrs. Newhouse's lifetime it would ensure to her benefit. - I will myself conduct any correspondence with you that may be necessary upon the subject.

Please answer either Mrs. N. or myself, without delay.
Truly ours
Wm. A. Franker

[side text]  Eleanor Newhouse formerly widow of Captain Swearingen Pension on the Ohio Roll [illegible] Mrs Cole  

J.V. Patton Agent
Page 63

July 8, 1932.

BA-J/
xxxxxxxxxx
Van Swearingen
W.5415.

Miss Lucy B. Swearingen,
312 Reserve Avenue,
Steubenville, Ohio.

Dear Madam:

Reference is made to your letter relative to one Van Swearingen, a soldier of the Revolutionary War.

The data contained herein are obtained from the papers on file in the Revolutionary War claim for pension, W.5415, based upon his military service in that war.

Van Swearingen was commissioned captain, August 9, 1776 in a regiment raised in Westmoreland, Pennsylvania, and served in Colonels Mackey's and Daniel Brodhead's Eighth Pennsylvania Regiment. He was absent from this regiment from June 9, 1777 to April 10, 1778 when he served as captain in Colonel Morgan's Rifle Corpos; was in the battles of Stillwater and Saratoga, taken prisoner; a short time afterwards was exchanged for one Captain Frazer and resumed his command. He resigned before the close of the war, serving over two years in all.

This officer married in May 1786 in Washington County, Pennsylvania, Eleanor or Nelly Virgin, daughter of Jeremiah Virgin They lived in Washington County, Pennsylvania, where soldier was Sheriff for a long time, and later moved to a farm in Brooke County, Virginia, about a half mile above the town of Wellsburg. Van Swearingen died there December 2, 1793, aged fifty years.

[note]  Van Swearingen this wife, Eleanor had three children
Page 64

Eleanor Swearingen widow of Van Swearingen, married John Newhouse in 1799.

They moved about 1804 from the farm mentioned above to "the Barrens of Kentucky"; about 1813 they moved to Butler County, Ohio, and in 1817 moved to Hamilton County, where John Newhouse died July 29, 1830.

Eleanor Newhouse was allowed pension, on account of the services of Van Swearingen, on her application executed August 3, 1847 while a resident of Columbus, Franklin County, Ohio, aged eighty-four years.

John Newhouse & his wife, Eleanor, had three children.

In 1848 the widow, Eleanor Newhouse, was living in Columbus with her daughter, Eliza Jane Middleton, her age not stated, and the name of her father not designated. The widow was still living in Columbus in 1850. No other names of chindren of said Eleanor are given.

Reference is made to a brother of the soldier but his name is not stated.

Jeremiah Virgin father of Eleanor, subsequent to the death of [the soldier crossed out.] She had three brothers, Rezin, John and Brice Virgin their ages not stated.

Very truly yours,

date of widows death not on A.P.
Page 65

Mrs. L. Virginia Grant
323 Washington Street
Jefferson City, Missouri

Pension Dept Washington D.C.
I am wanting to know if any of the following men drew pensions - and if they did any available data as to then, thus but places deaths, wives, & children will be appreciated
the list of names are as follows
1st Capt Hugh Brent
2nd Robert Robb
3rd John Wood ( think from Mass
4th Johnathan Wood
5th David Wood
Page 66

6th Malcolm Wood B1758 (where)
7th Capt Thomas H Wood an early day navigator (wifes name Selina Malcolm) of Boston

8th Lieut John Swearingen
9th Capt Van "
10th Brig Gen Samuel "
11th Surgeon Eli "
12th Col. James Stroke "
13th Col. "King" Van "
14th Joshua "

Thanking you in advance for this data

truly

Virginia Grant
323 Washington St.
Jefferson City
Page 67

[stamp]  Received Aug 17 1938
Mail Sub-Div.
Vets Adm 29
Page 68

Van Swearingen - Eleanor Newhouse formerly his widow in Augt 1847 of Columbus City Ohio aged 85 years (in Feby 1849 age stated as 86 years) states that Van Swearingen was Commsd as a Captain Sept 14, 1776 by Congress, as Capt in a regt raised in Westmoreland Co  Penn comd by Colo McCoy (probably intended for [illegible] who soon died & was succeeded by Col Brodhead - The regt was raised in Westmoreland Co for the defence of the western frontier His co with some others was specially organized as riflemen under Col Morgan & joined the northern army where they were in Several of the action prior to the surrender of Gen Burgoyne - in one of which he with other were taken prisoner, but in a short time exchange
Page 69

[stamp]  Received May 18 1932  Pension Files

Steubenville, Ohio
May 12, 1932

Department of the Interior
Washington D.C.
Dear Sirs

Please give me any information that yuo can about Van Swearingen  He was an Indian trader, and was called 'Indian Van'  During the Revolutionary War he was captain of the 8th PA infantry. He was in the succession of conflicts which preceded the surrender of the British army at Saratoga. He was in the battles of Stillwater; in the latter was taken prisoner. But was released by the surrender of Burgoyne. He was sheriff of Washington Co Pa for several years and was married to Eleanor Vergin [?]  He died in Wellsburgh W.Va. (Then PA) Dec. 2, 1793

I desire this information that I might join D.A.R.

Thanking you in advance for your kindness, I remain

Lucy B Swearingen
312 Reserve Anl
Steubenville, Ohio
Page 70

Revy Widow, & c.

File No. 5415

Eleanor Newhouse for
Wid
Van Swearinger
Capt, Rev. War

Act:  Feby, 27/48
Index: - Vol. M, Page 79

(Arrangement of 1870)