Revolutionary War Pension and Bounty Land Warrant Application File S. 4027, for Mark Swadley, Virginia

SERVICE
NUMBER
Vi
Swadley Mark
S. 4027
Carded.
CONTENTS

19456 East Tennessee
Mark Shadley Munroe Co in the State of Tenn who was a priv in the co commanded by Captain Cunningham the regt commanded by Col Boyer in the W.A. time for 9 Mos  Spd Inf Infantry 20 days " " cavalry
Inscribed on the Roll of E.T. at the rate of 32 Dollars 77 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of Sept 1832, and Jan  1833
Route Maryville
Arrears to the 4th of Sept 81 92 Pension allowance ending 4 March 16 38 98.30
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam Boyd Clerk, Book E Vol. 7 Page 61

Murphy's Munroe County Tennessee 25.761
Address to Joe H. Hule Maryville, Blount County Tennessee

State of Tennessee. S. J.
Monroe County 3 rd On this 17 th day of June 1833. personally appeared in open Court before the Court of Pleas and Quarter Sessions, being a Court of Record in and for Monroe County at the Court House in Madisonville. Mr. Mark Gwadlay a Resident of said County and State aged forty three years past, who being first duly sworn according to law, doth on his oath make the following declaration in order to entitle the benefit of the Act of Congress passed June 7. 1832. That he entered the service of the United States under the following named Officer, and served as herein stated. That in the County of Augusta in Virginia where he then lived, at the age of seventeen years and in the year 1777. as he declares he was drafted for three months, and went into service in Catherine Cunningham Company under Colonel Rogers, marched down the Country crossed the dismal swamp in Virginia and was in a skirmish near the swamp, with the British and Hessian, soon after he was discha- rged honorably and returned home

having faithfully served the three months, for which he was drafted -
Sometime afterwards, but the period not remembered, he was again drafted in Augusta County Virginia, and went into service in Captain Bates Company under Colonel M c Dowell and marched to Richmond and joined command of General George Washington and faithfully served out the six months for which he was drafted was honorably discharged and returned home. Afterward but the period not remembered, he volunteered for twenty days in a Company of Dragoons but does not now remember the name of any officer that commanded the Company when first organized or during its march, however they went down to Old Town, where they had a fight with the British Light Horse under Col. Carleton, applicant was there and there slightly wounded and with about sixty others taken prisoner, about a week afterward they were exchanged, and applicant returned home having faithfully served out his term of twenty days and more, but received

As discharge as no holier - during the fight with Col. Carleton's Horse A significant Remembrance that he was under the command of Captain and Colonel of General Morgan Col. A. Cant. Colonel Remembrance the name of any other officer than the already mentioned, during that or any other of his terms of service and cannot Remembrance any other particular of his service than above stated. His memory is very much impaired by reason of age and infirmary, he has lost all his dis- -charges, and has no other evidence of any description within his reach or power to obtain of his services. He was born on the 4 th day of May 1760 in Augusta County Virginia as he has always understood & believed but has no record of his age. At the several periods when he was called into service he lived in Augusta County Virginia, from there he removed to Spartanburg County, South Carolina, from thence to Knox County Tennessee, lived there 8 or ten years, then removed to Monroe County Tennessee, about eight years ago, still lives there. That in his present neighborhood he is known to Mr. James Gamble & Mathew & Nelson Esq. James & Mathew, Thomas,

Vernon Esq. Lindsey Robertson Esq. & others C. Patton Rev. Eld. Cleveland and Rev. James Milton, Thomas Robertson & others who can testify as to his character for veracity, and their belief of his services as a Soldier of the Revolution - who hereby relinquishes every claim whatever to a pension or any annuity except the present, and he declares that his name is not on the Pension Role of any agency in any State - Given to the subscribers in Aspen Court -  Mark his Swardley Mark  Mark his Swardley Mark
We James Milton a Clergyman residing in (M n ) Minn County Minnesota and Lindsey Robertson, Thomas Robertson Samuel Cameron and John Murray residing in M n County and State aforesaid hereby certify that we all well acquainted with Mark Swardley who subscribed and sworn to the above declaration, that we believe him to be seventy three years of age; that he resided and believed in the North = husband where he resides, to have been a Soldier of the Revolution and that we know in total

Opinion - Given to subscribers this 17 day of June 1833. in Open Court. W. G. Galloway
James Witten Thos. his Robertson mark P. K. Robertson Samuel Garrison John Murray
And the said Court do hereby declare their opinion, after the investigation of the matter, and after settling the interrogatories presented to the War Department, that the above named Applicant was a Revolutionary Soldier and served in the States - and the said Justice Carlisle, that it appears to them that James Witten - who has signed the proceeding Certificate is a Clergyman, resident in Minn County Minnesota, and that Thomas Robertson Lindsey Robertson, Saml. Garrison & John Murray who have also signed the same are residents in Memphis County and State of Tennessee and are Credible persons and that their Statement is entitled to Credit -
W. W. Bayless Acting Justice
W. L. Mayo Jonathan Davis W. L. Jackson Joseph G. Simon B. D. Lighth

State of Tennessee ss.
I William S. Callaway Clerk of the Court of Pleas and Quarter Sessions of Monroe County do hereby certify that the foregoing contains the Original proceedings of said Court in the matter of the application of Mark Swadley for a pension.
In testimony whereof I have hereunto set my hand and private seal at off (having no official seal) in Madison this 19 th day of June 1833.
Wm. Callaway
State of Tennessee ss.
I Hugh L. White Senator in Congress from Tennessee, hereby certify that William S. Callaway in the Clerk of the Court of Pleas and Quarter Sessions of Monroe County, that his signature to the above Certificate is genuine, as I believe entitled to full faith and credit.
Given under my hand the 22 nd day of June 1833
H. L. White

N o 25961 East Mark Swadley Marion County Tennessee
from 1777 private of Can & Inf 9 mo. 20 days 9 mo. 20 days — 30. — 20 days, 2.77 $ 32.77
For F. Fute Maryville Blount County Tennessee

WAR DEPARTMENT,
Pension Office.
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 is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you 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, shewing the Service of Mark Swadley Monroe County Tennessee
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Draft 1777 - 3 - private Capt Cunningham Col Boyer, 73 years Augusta Traditionary testimony papers not   Draft - 6 - " Capt J. S. Col. D. Doan Genl Green, 60 years Buckner Virginia Correct, Seal defective - A certificate of a Senator of the U.S.   Vol. - - 20 dragoon officers not recorded Capt Tate, Col Morgan  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This 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 } ss. County of } On this day of personally appeared (a) 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 set 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 any 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 the 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 in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; 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 it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the 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 a 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 his 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. A very full account of the services of each person 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 be 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; were 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.  6. { 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 services 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 traditional 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 be 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 applicant 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 is a 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 in 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 or 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 here a 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. 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of 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 paper from being improperly attached to the certificate.
Proof of Service.
[j] 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.
[k] The notes from [a] to [i] 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.
[l] This traditional evidence is indispensable in militia cases.
[t] 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.

Rev. Wm
4027
INVALID.
File No. 4027
Mark Swingley
Port Row, Lind
Act: June 7/82
Index:—Vol. A , Page 365
[Arrangement of 1870.]