Revolutionary War Pension and Bounty Land Warrant Application File W. 8,049, for Henry Livingston, North Carolina

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The State of South Carolina
Abbeville District }

On this twenty sixth day of October, 1832
personally appeared in open Court before Richard Gault, Judge of the Court of Common pleas now sitting for the said District of Abbeville, Henry Livingston, a resident of Abbeville District & State aforesaid aged Seventy one years, who being duly sworn according to law doth on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed on the 7th of June, 1832.

That he entered the service of the United States under the following named officers, and served as therein stated. That he entered the service as a malitia [militia] man & volunteer in the last year of the revolutionary war & a few months before the battle of Eutaw, in the regiment of Wm. Polk, that he was stationed at Landford [Blandford] on the Catawba river, to watch the Brittish when they crossed the river - was there for some considerable time - That he there enlisted under General Thomas Sumpter's [Sumter] State troops, in Col. [indistinct] Wills regiment, & in Captain [James] Gile's company; that he continued to serve in Captain Giles Company, & was engaged in a battle at Brooms old field, below Columbia, against a tory Captain, by the name of [William] Cunningham his party; - That he was in another battle at Dorchester near Charleston [Battle of Dorchester, SC 1781], was then sent in a detachment to Georgia & was in another battle near Savanah, under Captain Mills, when they fell in with Genl. Green [Nathanael Greene]. After the Brittish were drove into Savanah, he was marched back into S Carolina & discharged.

That he was in the service as before stated between six & eight months; That he has no record of his age; was born in the County of Antram, Ireland, is about seventy one years old, & landed in America the first year of the war, was a short time in North Carolina, that he then came to South Carolina Abbeville District when he has continued to live ever since;

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He hereby relinquishes every claim whatsoever to a pension or annuity, except the present, and declares that his name is not on the pension roll of any State, or agency of any State.

That he has no documentary evidence in his possession, nor does he now know of any person that could testify to his service.

Sworn to and subscribed this day and year aforesaid.
In open Court

Henry Livingston
Jas Wardlaw
Clk.

We William H Barr a clergyman residing in the District of Abbeville and John Allen residing in the same hereby certify, that we are well acquainted with Henry Livingston who has subscribed & sworn to the above declaration - that we believe him to be seventy one 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
Ja. Wardlew
Clk.

Wm H. Barr
John Allen

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Jane L. Livingston was born in September 26th 1799

State of South Carolina
Abbeville District }

Personally appeared before me an acting Magistrate in and for said District Mrs. Jane L Allen who being duly Sworn according to law deposeth that the Record of her birth as hereunto attached above was entered written by her father the late Henry Livingston in the family Record in his lifetime and is in the handwriting of her said father as he was acquainted with the same having often seen him write that said Record has been cut out of this Deponents family Record & was written by her said father about the time of her birth as this deponent believes, that her said father drew pension from the United States and died the on the 12th day of June A.D. 1836 as appears by the entry made of the date of his death. That her mother the present Mrs Mary Livingston has remained a widow ever since her said husband's death above mentioned & now is a Widow.

Sworn to and subscribed this 2d day of July 1855 before me
Jno. G. Baskin
Magt. }

Jane L Allen

And I the said Magistrate do hereby certify that I saw the record above attached cut out of the family Record produced & sworn to by the above deponent & that I believe the same to be genuine - that Mrs. Jane L. Allen the deponent is a lady whose statements as above

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are due full faith & credit and that I am wholly disinterested in giving this certificate
Given under my hand day & year last above written & I further certify that entry of the date of said Henry Livingston's death is as stated by said deponent

Jno. G. Baskin {LG}
[indistinct]

State of South Carolina
Abbeville District ⎬

Personally appeared before me an acting Magistrate in & for said District Andrew W. Shillett and D.S. Wardlaw, old & respectible citizens of said District who being duly sworn according to law depose that they were well acquainted with Henry Livingston deceased in his lifetime
late of this District & a pensioner of the United States, & with his wife the present Mrs. Mary Livingston of this
District, that these deponent knew them as early as the year Eighteen hundred & three - living together as husband & wife & so taken reputed & believed in the community in which they lived until said Henry's death a few years since - that their eldest child these deponents having known from infancy are satisfied that she was born before the year Eighteen hundred. These facts we are enabled to [indistinct] from being members of the same neighborhood and from the circumstance of our own age & other events at the time & we are therefore certain that they must have been married prior to the year Eighteen hundred.
Sworn to & subscribed this second day of June
AD 1855 & these deponent swear that they are wholly
disinterested in giving this testimony. The word "until said
death a few years since interlined before signing.

Before me⎬
Andrew W. Shillito
D.S. Wardlaw

And I the said Magistrate do hereby certify

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BA-J/ILL       
Henry Livingston
W. 8049

Mrs. T. L. Highsmith
61 Magazine Street
Abbeville, South Carolina

Dear Madam:
reference is made to your letter in which you request the Revolutionary War record of Henry Livingston, pension claim W. 8049.

The data which follow are found in the papers on file in that claim for pension, based upon service of Henry Livingston in the Revolutionary War.

Henry Livingston was born in county Antrim, Ireland, came to America about the time of the beginning of the Revolutionary War and lived for a short time in North Carolina, then moved to Abbeville District, South Carolina.  The names of his parents were no given; his brother, Abraham, served from South Carolina in the Revolutionary War.

Henry Livingston enlisted July 8, 1781, in North Carolina and served six weeks as a private under Sergeant Herron.  He enlisted about September 1, 1781, in Abbeville District, South Carolina, served as private in Captains James Giles' and Mills' companies, Colonels William Polk's and William Hill's South Carolin regiments, was in the battle at Broom's old field, in the battle at Dorchester, and in a battle near Savannah, Georgia, length of service ten months.

He was allowed pension on his application executed October 26, 1832, at which time he resided in Abbeville District, South Carolina;  he was aged then seventy-one years.

Henry Livingston died June 12, 1836 in Abbeville District, South Carolina.

Henry Livingston married in October 1798, in Edgefield

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District, South Carolina, are Fraser (?); the names of her parents and the date and place of her birth are not shown.

Mary Livingston, the soldier's widow, was allowed pension on her application executed May 3, 1855, at which time she was a resident of Abbeville District, South Carolina, aged seventy-nine years.  She was allowed 160 acres off bounty land on warrant #34924 under the Act of March 3, 1855 on account of her husband's service in the Revolutionary War.  She died December 2, 1856 in Abbeville District, South Carolina.

In 1857, the only surviving children of Henry Livingston and his wife, Mary, were Dr. John F. Livingston and Mrs. Jane L. Allen, both of Abbeville District, South Carolina; said Jane was born September 16, 1799 and was their eldest child.  J. W. Livingston, the son 
of said Dr. John F Livingston, resided in Abbeville District, in 1857.

In 1857, the soldier's brother, Abraham Livingston, and his wife, were both deceased; they had moved from South Carolina many years previously; their  son, Joseph, was living near Cotton Gin, Mississippi, in 1857.

In 1832, one John Allen was a resident of Abbeville District, South Carolina; in 1857, one Charles H. Allen was administrator of the estate of Mary Livingston, the above noted widow..  No relationship between these persons and the soldier's was stated.


If you desire information in regard to the location of the land which was granted for service of Henry Livingston in the Revolutionary War, you should address the Commissioner, General Land Office, this city, and cite the following- bounty land warrant #34924 for 160 acres, Act of March 3, 1855.

Very truly yours,

A.D. HILLER,
Executive Assistant 
to the Administrator

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3 
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 in highly objectionable. It must, in every case, be clearly shown 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 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 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 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 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.