Revolutionary War Pension and Bounty Land Warrant Application File R. 10,329, for George Swain, Virginia

SERVICE
NUMBER
Va.
Swain, George Nancy
R 10,329
CONTENTS

Virginia 12.606
George Swain
of Bedford Co. in the State of Virginia who was a priv - in the company commanded by Captain Poindexter of the regt - commanded by Col. Mervine at the Virginia line for 9 months
Inscribed on the Roll of Virginia at the rate of 30 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11th day of May. 33 and sent to Richard Dickerson. Liberty Virginia
Arrears to the 14th of March - 33-60 00 Semi-ant. allowance ending 4th Sept. 15 00
75-00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Rush Newman Clerk, Book C — Vol. 5 — Page 25

Col. Penn. Agt. Dec. 19. 1835 Sat o
" " " July 5 " His rather repetition of the same re
" " " July 8 ... a about the same report as " " " July 29
" " " Feb 29

State of Virginia County of Bedford ss.
On the 25 th day of March 1833 personally appeared in open court before the Regular Court of Bedford now sitting George Lurin a resident of Virginia in the County of Bedford aged seventy four 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 act of congress passed June the 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein after stated. That in the latter part of the year 1780 he was drafted from the County of Bedford to serve a three months tour in the Militia in the War of the Revolution that he marched under Captain Poindexter in the first place to Portsmouth and joined regiment commanded by Major Richard DeCloughman, Col: Morrisweather and Genl. Mullenburg. That in consequence of the length of time since the service was rendered and the loss of memory from old age he cannot relate all the circumstances of his service, but he well recollects it was a long tour of duty being almost continually on the march. That he has no documentary evidence of having served this tour but can prove it by Captain William Fisher and Captain Samuel Wilks to whose affidavit he refers to. That in the fall of the year 1781 he was again drafted from the County of Bedford to serve a tour of six months in the Militia and rendezvoused at Prince Edward Courthouse from which place he was marched to Richmond where he was stationed in the first place under the command of Capt. Nowell. Shortly afterwards he Capt. Nowell became a Supernumerary, they were then placed under the command of Capt. John Sloughler and Lieutenant Nathaniel Rice, that he remained stationed at Richmond during the whole term of service. That he cannot recollect that he was attached to any Regiment and cannot recollect any other officers names than those before stated. That he has no documentary evidence but can prove the service of this tour by John Mitchell

and Captain Samuel Wilks who served said time with him and to whose affidavit he refers - He hereby aban- donishes every claim to a pension or annuity whatever except the present and declares that his name is not on the pension roll of the agency of any state room subscribed the day and year aforesaid George L. Lucin mark
The following is the answer to the several interrogatories proffered by the Court to George Lucin before whom the foregoing declaration was sworn and subscribed Answer to Question 1 st I was born in Baltimore in the State of Maryland on the 2 nd day of June 1759 and removed during my infancy by my parents to the County of Bedford in the State of Virginia where I have ever since resided -
2 nd I have a record of my age as set down by my parents.
3 rd 4 th & 5 th answered as stated in the declaration -
6 th If I ever received a discharge I have lost them as they were deemed of no value after the term expired -
7 th I refer to William Leftwick a minister of the Gospel near to Pleasant Preston with both of whom I am well acquainted
This day personally appeared before me a Justice of the peace for the County Bedford William Arthur aged Seventy Years and Capt. Samuel Wilks aged about Sixty nine Years and made oath that they have both been long and well acquainted with George Lucin who signed the foregoing declaration. That in the latter part of the Year 1780. They served a tour in the Militia under the command of Major DeLongham and Col. Morrisatter and Genl. Mulenburg of three Months. That in the service they were well acquainted with said Lucin, he belonging and serving in the same Regiment that he was drafted from the County of Bedford for three Months and that he performed the full term of service and was regu- larly discharged
William Arthur Samuel Wilks

Sworn and Subscribed before me this 25 th day of January 1833
Brooker Preston J.P.
This day personally appeared before me a Justice of the peace in the County of Bedford Capt. Samuel Wilks aged Sixty nine Years and John Mitchell aged Seventy one Years and made oath that they have both been long and well acquainted with George Swain who signed the foregoing declaration that they well recollect that in the fall of the year 1781 the said Swain was drafted from the County of Bedford to serve in the Militia a term of six months in the war of the Revolution, that they served said term with him that they rendezvoused at Prince Edward Courthouse and marched together to Richmond and was there stationed until the expiration of the term of service and all regularly discharged.
Samuel Wilks
John Mitchell Senr.
Sworn and Subscribed before me this 25 th day of January 1833
Brooker Preston J.P.
I Brooker Preston a justice of the peace for the County of Bedford do hereby certify that William Sifton and Samuel Wilks who signs one of the foregoing affidavits, and John Mitchell and Samuel Wilks who signs and swears to the other are reputed men of veracity, and that reliance ought to be placed on their statements - Given under my hand this 25 th day of January 1833
Brooker Preston
Bedford County to Wit
We William Sifton a clergyman residing in the said County and Pleasant Preston residing in the same hereby certify that we are well acquainted with George Swain who has subscribed and sworn to the above declaration that we believe him to be about Seventy four years of age that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and we concur in that opinion.
Wm Sifton Pleasant Preston

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 that it appears to them that William Riggsick who has signed the foregoing certificate is a合法居民 resident inside County and that Plant (Proctor) who has also signed the same is resident in said County is a credible person and that their certificate is entitled to credit.
I Robert Madison deputy Clerk of the County Court of Bedford in the State of Virginia do hereby certify that the foregoing contains a true copy of the original proceedings of the said Court held in the matter of the application of George Thomas for a pension. And I do further certify that Robert Proctor before whom the foregoing affidavits of William Thomas and Samuel Wilks and Samuel Wilks and John Mitchell Jr. were sworn and subscribed is an officer at the date of the foregoing certificate an acting Justice of the peace in said County duly commissioned and qualified according to the Constitution and laws of this State.
In testimony of all which I have hereunto set my hand and received the seal of the said Court the 15 th day of April 1833 in the 57 th year of American Independence.
Robt. Madison C.B.

Mr 24057 George Wain Bedford Co Virginia
Alma Mater for 9 mo. $30-
Rich: City Dist. Virginian Sp. Col. Bedford Co Virginia

WAR DEPARTMENT,
Pension Office,
183
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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 George Main Bedford Co. Va.
   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.     Sept. 1780 - 3 - Private Capt. Ponder 74 years Witness Mr. Arthur for 3 mo.   Sept. 1781. - 6 - Lieut. Maj. Det. roughman Col. Murrell then Genl. Murrell Lieut. Col. Capt. Murrell Capt. Murrell Bedford County Virginia on the service also Capt. Murrell is Capt. Murrell & not Murrell chet for 6 months service & traditional evidence  
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 enquiry 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 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 years, 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 [c] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
J. R. Ashton

Pension Act Feb. 3, 1853. 2 d . Section Revolutionary Annu.
Nancy Swaine Widow of George Swaine (dey) a Revolutionary pensioner of Virginia Agency at $30 per annum Bedford County.
Recd. by me from A. Betz Esq Hales' Ford, Va.
J. M. Henry. Present Oct. 11/53

State of Virginia
County of Franklin
on this 9 day of August 1889 personally appeared before me A. Justice of the peace County and State of Virginia, having the jurisdiction of Franklin County in the State Aforesaid age 57 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 act passed on the 3 day of Febry 1853 that she is the wife of George Swaine who was a soldier in the revolution war and and who was pensioned at $30 per annum but she was married to the said George Swaine on the 19 day of December 1843 & in the County of Bedford that her husband the aforesaid George Swaine died on the 24 day of December 1888 in the County of Bedford and State Va in consequence of old age and sickness proof of all which she refers to affidavit herewith forwarded and that she has remained a widow ever since that period She further states that she has never received a land warrant or apportionment for any other any act of Congress for or by reason of the services of her said husband She makes this declaration for the purpose of obtaining the half pay to which she is

constituted under the provisions of the 2 d of the Act of Burgess passed as aforesaid and here- by be constituted and appointed Abraham Bely his attorney to prosecute said claim and receive the certificate that may be issued and to have power of substitution to do so therefor for proof of lives to the papers now on file at Washington or which her said husband was petitioned under act of June 7 1852 at $30 per annum which he drew for many years while a residence of Bedford County in State of Virginia
his Mary J Swaine mark
we Greensville Arthur and Jonathan O'Car- nahan of the State of Virginia and County of Franklin upon our oaths, that the foregoing declaration was signed and acknowledged by her Swaine in our presents and that she is the identical person that she represents her- self to be and that George Swaine is dead and she hath remained his wife ever since
his Greensville x Arthur mark Jonathan O'Car

The foregoing declaration and affidavits were sworn to and subscribed before me on the day and year above written and I certify that I know the affiants to be credible persons and that I have no interest in the claim and further certify that the claimant is an able appear at least in account of bodily infirmity
Thomas J. Forbes J.P.
State of Virginia Franklin County } ss
I Ro. A. Scott clerk of the County Court in and for the County and State above named, do hereby certify that Thomas J. Forbes Esq. before whom the foregoing affidavits were made, and who has hereunto signed his name, was at the time of so doing a Justice of the Peace in and for the County and State above named, duly commissioned and sworn, that all his offi- cial acts as such are entitled to full faith and credit, and that his signature thereto is genuine. In testimony whereof, I have hereunto signed my name and affixed my official seal This 24 th day of August 1859
Ro. A. Scott clk

State of Virginia } Bedford County } Set.
I John R. Stephenson Deputy for Abner A. Aiken Clerk of the County Court of said County, do hereby certify that John Ayers a Minister of the Gospel, returned to the Clerk's Office of said County, a Certificate of Marriage in the words and figures following to wit.
"Married on the 19 th December 1842, George Swain and Nancy Dacord"
Signed. John Ayers
Minister of Methodist Church
In testimony that the above is a true transcript from the records of said Court I have hereunto set my hand and affixed the seal of said Court this 15 th day of August 1859.
John R. Stephenson D.C.

October 27, 1933
XXXXXXXXXXXXXXXXXXXX
George Swain, R. 10329 BA-J/MCS
Honorable John Kee House of Representatives Washington D.C.
My dear Mr. Kee:
The data which follow were obtained from papers on file in the pension claim, R. 10329, based upon the military service of George Swain.
He was born June 2, 1759, in Baltimore, Maryland, and when an infant he moved with his parents (names not given) to Bedford County, Virginia.
While a resident of that county he enlisted the latter part of 1780 and served three months as private in Captain Poindexter's company in Colonel Merriwether's Virginia regiment. He enlisted in the fall of 1781 and served six months as private in Captains Newell's and John Slaughter's Virginia companies.
He was allowed pension on his application executed March 25, 1833, at which time he was living in Bedford County, Virginia.
This soldier married December 19, 1843, in Bedford County, Virginia, Nancy Dacon.
He died December 24, 1844, in Bedford County, Virginia.
In 1859 his widow, Nancy, was fifty-seven years of age and was living in Franklin County, Virginia.
The papers in this pension claim contain no further data relative to the soldier's family.
Very truly yours
A. D. MILLER Assistant to Administrator

3 rd Auditor's Office Oct. 17. 1809
Sir
George Swain, Va. Act 7 June 1832, appears to have been paid to Sept. 4. 1835,
Very Resp'y
Robt. Swain For Acting Auditor
Rev. G. Whiting Esq. Comm't of Purvis

Pension Office, Oct 15, 1839. The Third Auditor will please state the date to which within named provisions was paid, and name of his widow if she draw the annuity.
Very respectfully, John Dobb Chief Clerk
(2006)

J. M. Kinney, Oct. 18

Pension Office, October 18. 1859.
Sir,
I have received and filed under act of February 3. 1853 the application of Nancy Swain for pension as the widow of George Swain. The latter was a pensioner of the United States, under act of June 7, 1832; but when the payment of his pension was suspended upon a review of his case, on the ground that he did not have the length of time alleged in his declaration. The present claim cannot, of course, be allowed under these circumstances.
P. M. Neary Esq. Washington, D. C.

Pension Office, Nov. 10, 1859.
Sir,
I have carefully considered  considered the suggestion contained in your letter of the 7 th instant relating to the claim of Nancy Swain, widow of George, for pension under act of February 3, 1853 — This office has only admitted of six months duration forces of militia service in Virginia, under peculiar circumstances. In Clarke, Holston's Regiment (so called) it has been admitted that the militia which formed a part of it served in some cases as much as a year twelve months, — and in other organizations, upon the frontier the militia has been admitted to have served longer than three months. As a general rule, however, the practice of the office is now the same as formerly.
Without the production of new and material testimony, however, to the suggestion of palpable error, I should not be justified by the uniform usage of the office in disturbing

a decision made by a predecessor, when at a time too, when the soldier himself was living, and, (it must be presumed) better able to establish his claim, and to answer the objections of the office than can be done, further at this late day.
J. M. [unclear] Nov 18
P. M. Henry Esqr Washington, D. C.

Additum Rev. Pension Claim Act Feb. 3. 1835.
Nancy Swain Widow of George Virginia.
Letter.
P. M. Henry Nov 7/59. } Print

Washington D.C. November 7. 1859.
Sir:
I received your communication of the 18 th ultimo, suspending or rather disallowing the claim of Nancy Swain widow of George Swain dec of Virginia for pension under the act of February 3. 1853 (2 nd Section), and beg leave to reply to your objections to the same by calling your attention to several very important facts that seem to have been entirely overlooked in this matter.
George Swain seems to have been pensioned by your office in the year 1833 under the act of 1832 for an aggregate service of some nine months , i.e. several short terms making three months, and then one term of six months in 1831; but, on a review of his case it seems that your office came to the conclusion that as the Virginia Militia were never drafted for a period as long as six months , (but only for two , and three months perhaps) this soldier had improperly claimed for a six months term.

term of service in 1781, and that the allowance for the same being withheld, he was necessarily dropped from the Pension Rolls of the Virginia Agency. Now, Sir, I maintain that this position is erroneous; for it is well understood that the Virginia Militia were, during the Revolutionary war, often drafted for periods or terms of six and even nine months; and it may be that this fact, not being known to your office at the time of the suspension of Duvall's pension, is now conceded and your action regulated accordingly in all cases in which such period of service was claimed. George Duvall claimed a service of six months in 1781 and clearly proved the same by two credible witnesses (old and reputable men who were themselves in the service); and although it was alleged by your office that if the claimant actually entered for six months in 1781 he would necessarily have proceeded with his Corps to the great rendezvous of the Virginia Militia, namely Yorktown, in October of that year, yet, let it be remembered that other important points in Virginia, open to the attack of the enemy,

(Deer, Norfolk, Richmond & Petersburg for instance) had to be guarded by her Militia, and if I mistake not, this man claimed to have been stationed at one or the other of the two last mentioned cities instead of being marched to siege of Yorktown with the main body of the Militia.
I therefore maintain that George Sueen was improperly dropped from the Roll (the six months term of service having most certainly been clearly established by such evidence as was in that day & time acceptable to your office), and that his surviving widow is most certainly entitled to be placed on the pension Roll at the rate of the same annual allowance & under the act of February 3, 1833; and trust that the same view of the subject may now be entertained by you &
Very Respectfully P. M. Henry.
Geo. C. Whiting Esq Comm r of Pensions

No 7359 Nancy Swain, widow of George Franklin Co- Virginia
Lot P. M. Decree Oct 18/59. Same Nov 18/59
10329
Act Kibby 3. 1853.

1933- Oct. 23 - Hon. John Kee ass. cost of place - MTS. 1933 Oct. 27 list. to Hon. John Kee. - MCS -
Acts of July 14, 1866, and March 3, 1875.
REJECTED
10,329
P. O. Nancy Swain Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

JOHN KEE 5TH DIST. WEST VIRGINIA
MEMBER OF COMMITTEE ON FOREIGN AFFAIRS
Congress of the United States House of Representatives
Washington, D.C.
Washington, D. C., October 18, 1933.
Hon. E. W. Morgan, Director of Pensions, Veterans Administration, Washington, D. C.
My dear Mr. Morgan:
I shall appreciate it very much if you will kindly furnish me with a complete copy of the records of the following men who served during the Revolutionary War:
Samuel Hickman, of North Carolina. George Swain, of Bedford County, Virginia. John Kinkaid, of Fayette County, W. Va.
Thanking you for your attention to this request, I am
Very sincerely yours,
A handwritten signature in cursive, reading "John Kee", written in dark ink. The signature is stylized with a large, looping "J" and a long horizontal line extending from the end of the name.

October 27, 1933
XXXXXXXXXXXXXXX
BA-J/MCS
Honorable John Kee House of Representatives Washington D.C.
My dear Mr. Kee:
Reference is made to your request by telephone on October 25th, that you be furnished a written report in regard to the Revolutionary War records of Samuel Hickman, John Kincaid and George Swain, instead of complete copies as requested in your letter of October 18th.
The papers in the pension claims based upon service of the above named soldiers have been examined and the data furnished you herewith obtained therefrom.
Very truly yours
L. D. CHILLER Assistant to Administrator
This letter dictated by Mrs. French

October 23, 1933
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Honorable John Kee House of Representatives
Samuel Hickmon, S. 9581 John Kineaid, S. 19367 George Swain, R. 10329
BA-J/MMEF:MLB
My dear Mr. Kee:
Reference is made to your letter of October 18, in which you request copies of the records of Samuel Hickman, of North Carolina, John Kinkaid, of Fayette County, Virginia (West Virginia), and George Swain, of Bedford County, Virginia, soldiers of the Revolutionary War.
Photostatic copies of Revolutionary War records are furnished at the rate of twenty-five cents a page. The number of pages to be copied follows:
Samuel Hickmon, S. 9581, eight pages John Kincaid, S. 19367, five pages George Swain, R. 10329, nine pages
Please make remittance by money order, drawn to the order of the Treasurer of the United States.
Very truly yours
A. D. HILLER Assistant to Administrator

(Copy)
Department of War Pension Office
Dec. 19, 1835
Sir, I have this day instructed the agent at Richmond to correct the error, if any, made in reporting the names of Jno. McConihe alias McConneley and John no. Mitchell.
I have also directed him to suspend the payment of the pensions of John Mitchell, Daniel Wilkes and George Swain of Bedford Co.; they were improperly allowed for an alleged term of service in 1781 for six months; it should have been three months only.
I have the honor to be etc.,
Hon. N. H. Claiborne Ho. Rep.

George Swain's Declaration for a Pension.
2/1057
Bedford County Va