Revolutionary War Pension and Bounty Land Warrant Application File W. 26485, for William Swinney, North Carolina

SERVICE
N.C.
NUMBER
Swinney William Sarah
N. 26485
B.L.Wt. 26119-160-55
CONTENTS

C. to Newbern Aug 25/55 let 11 Ky Sept 13/55
June 32 - 22376
Vol 82 page 163
37827
11 cl. Ma 3/55
11 cl. 3/55
William Swinnery
Priv Pension
Exp & Mary
Col Williams
H. C. Mil
Exp
Exp
Revolutionary War
Ms
By June 32 - 22376
AV:160 Oct May 16/56
BR
J. Newcum Mt Vernon Ky

6421.
Kentucky.
Sarah Swinney, widow of William Swinney he
who served in the Revolutionary
war, as a Private.
Inscribed on the Roll at the rate of 26. dollars 66. cents per annum, to commence on the 3d February, 1853. 9 th September 1857.
Certificate of Pension issued 24 th day of July 1858, and sent to
Hon. Wm H Kirtley Mt. Vernon, Ky.
Recorded on Roll of Pensioners under act February 3, 1853, Page 133. Vol. H.

Kentucky 22376
By William Swisney Palasko in the State of Kentucky who was a private in the second commanded by Captain Manning of the 1st commanded by Col. William, in the Menotina line for 8 months
Inscribed on the Roll of Kentucky at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 31 day of October 1833 and 37 V Fox Lawrence
Arrears to the 14th of Sept 66.67 Semi-ant. allowance ending March 13 33 $82 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by David Boyd Clerk. Book 6 Vol. 7 Page 28
Reg 3 m ss - no 3/827

Know all men by these presents That we W m Swinney and Elisha Smith are held and firmly bound unto the Commonwealth of Kentucky in the penal Sum of £30 which payment well and truly to be made we bind ourselves our heirs & jointly severally firmly by these presents sign seal and deliver the 16 th day of December 1842
The Condition of the above obligation is such that whereas there is a license about to issue from the Clerk of the Rockcastle County Court for a Marriage intended between the above bound Swinney & Sally Rose Now if there should be any lawful cause to ob- =struct the same then this obligation to be void else to remain in full force W m Swinney N. B. Moore
State of Kentucky, County of Rockcastle ss
I E. S. Smith, Clerk of the County Court in and for said County do certify that the foregoing marriage bond of W m Swinney for license to marry with Sally Rose, is a true copy of the original on file in my office, and that due search has been made by me in said office for the license between the parties & none can be found.
I further certify that many of the marriage licenses

That has issued from said office has failed to be returned Given under my hand and seal of said County at office in Mt Vernon on this 2 nd day of February 1858 E. D. Fish, C.C.O.

State of Kentucky
Rockcastle County ss
On the 22 day of May A D 1858 personally appeared before me Presiding Judge of the Rockcastle County Court Sarah Swinney, a resident of the County aforesaid aged Seventy five 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 2 nd Section of the act of Congress passed 3 rd July 1833 -
That she is the widow of the Identical William Swinney Dec d whose name was placed on the Kentucky Agency under the act of Congress passed June 7 th 1832 at the Rate of Twenty Six Dollars and Sixty Six cents per annum; That his Pension Certificate is herewith returned
She further declares that she was married to the said Pensioner William Swinney in the County of Rockcastle & State of Kentucky or about the 16 th day of December 1842 by Matthew Warren who was authorized to celebrate the Rites of Matrimony; and that her name before her Marriage was Sarah Ross; That she knows of no one at this time by whom she can prove her Marriage, and here refers to the Marriage Bond & Certificate of the Clerk of the County Court ap d

That her husband the afo d William Swinney died in the County and State afo d on the 9 th day of September 1857 leaving her a widow - She further swears that she is now a widow at the date of making this declaration and that she has never before made any application for a Pension; and to sustain her claim she respectfully refers to the accompanying affidavit sworn to before me W m H. Kirby. his Sarah Swinney Judge of the County Mark Court of Rockcastle County May 22 nd 1858.
We William Neely and Benj H Neely Residents of Rockcastle County Kentucky upon our oaths declare that the fore- going declaration was signed and acknowledged by Sarah Swinney in our presence and that we believe from the appearance and statements of the applicant that she is the identical person she represents her- self to be and that we have no interest in said claim W m Neely B H Neely Sworn to be true on this 22 nd May 1858. W H Kirby J Rec

Rockcastle County Set
I Egbert S. Fish clerk of the county Court for the county afo d do certify that William H. Kirtley is the presiding Judge of said court duly elected and commissioned and that his signature to the foregoing is genuine
Given under my hand this 24 th day of May 1858
E S Fish clerk

37827
when a warrant issues on this claim direct it to J. Nunn Mt. Vernon Rockcastle County Kentucky J. Nunn

State of Kentucky } County of Rockcastle } ss
On this 23 rd day of March A.D. one thousand eight hundred and fifty five personally appeared before me a Justice of the peace within and for the County and State aforesaid William Swinney aged about sixty four years old a resident of Rockcastle County in the State of Kentucky who being duly sworn according to law declares on his oath that he is the identical William Swinney who was a private in the Revolutionary soldier in the  Revolutionary war with Great Britain, that he served several tours in said war one in the Regiment commanded by Colonel Joseph Williams, the number of his company and captain's name & the number of Regiment he does not now recollect and continued in actual service in said war for about eight months.
He states he has been drawing a pension for the last years at the rate of $26.66 2/3 per annum. He states that he enlisted in Perry County North Carolina near the shallow ford of the Adkin River, in the fall but the year he does not now recollect. He states that he cannot now give many particulars, but for further particulars he refers to the papers on file in the department on which he was allowed his pension.
He states that he has never applied for or obtained bounty lands under any act of congress, but makes this declaration for the purpose of

obtaining the bounty land to which he may be entitled under the act of Congress passed the 3 rd March 1835 William his Swiny mark
we Robert Swiny and John McPherson residents of Rockcastle County in the State of Kentucky upon our oaths pledge that the foregoing declaration was signed and acknowledged by the said William Swiny in our presence and that we believe from the appearance and statements of the applicant that he is the identical person he represents himself to be, we further state that we are well acquainted with the declarant and know him to be a person of creditability
Robert Swiny John McPherson
The foregoing affidavit and declaration were this day 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 the claimant is the person he represents himself to be
I further certify that the words " Soldier in the Revolutionary " were struck out in my presence, and that the declarant signed the above declaration by making his mark, and that I am not interested in this claim E. Jones, J.P. Kle

State of Kentucky } County of Rockcastle } S.S.
In Testimony That the above written E Jones was a magistrate duly authorized by law to administer oaths for general purposes in the County of Rockcastle State of Kentucky at the above date, and that his name there subscribed appears to be his usual signature, with which I am well acquainted
In testimony whereof I have hereunto affixed the seal of Rockcastle County, and subscribed my name and quality at Mount Vernon the 24 th day of March 1855- and that I am not interested in this claim
E. G. Fish, CLK

from 19 - private 8 months $26.66 100
27. 198
Mr. Livingstone
Assistant for Louisiana
Paris
Kentucky Industrial Land Co September 1833 account P. B. Abbot
Hon. J. H. H. H. Benedict Dr. Kentucky

State of Kentucky
Pulaski County Court Set.
On this 16 th day of September in the year of our Lord, One Thousand eight Hundred and Thirty Three, personally appeared before the County Court for Pulaski County, in open court now sitting as court. William Swinney, aged Seventy five 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 7 th 1832, that he entered the service of the United States under the following named Officers and served as herein stated, that while a resident of Pulaski County North Carolina, in the month of August, the year from the lapse of time, old age and loss of memory, he cannot now state, at what was made by the Government for soldiers, and he volunteered in the service, for the term of Three months, the name of the Captain, he cannot now recollect, nor also the other officers of the Company to which he belonged, his Company belonged to the Regiment commanded by Col. Joseph Williams, who lived in the neighborhood of the Declarant, after the Regiment rendezvous, we were marched to near the head of the Adkin River, where we crossed the Blue Ridge at a place called the Flower Gap, we were from thence marched to the neighborhood of the Long islands of Holston River, was stationed there about four weeks, and from thence we were marched to Powell's Valley near Cumberland Gap, and was stationed there until the expiration of the Three months, and was detained in the service after

the expiration of the said Three months by the order of our Commanding Officer. One Month. we were engaged during the said period at the different places we were stationed and the Country thro which we marched. Scouring and ranging against the Tories and Indians, and the army was compelled to station a Guard every night to protect the army against the secret depredations of the Tories and Indians. and at the expiration of the 4 four months. the necessity for detaining us in the Service being over, I was discharged, and he issued a written discharge for four months service signed by Col. Joseph Williams, which discharge has long since been lost. there was another Regiment of Soldiers under the same command by Col. Williams engaged in this service, but he does not now recollect the names of any of its officers. Afterwards while a Resident
of Surry County, North Carolina, in the Month of Septem r . the year not now recollectea, but was the same year in which the Battle of Eutaw Springs was fought I was drafted for a Three months Term, to serve in the Company of Captain Wickman, and when the Company started to join the army he was confined with the ague & fever, and the Captain gave him a certificate of his situation, and in seven or eight days he was able to travel and he started to overtake his Company, and by virtue of the certificate afterward, during his march, he was enabled to draw such provision as he needed from the Public Stores on the road he travelled. he overtook his Company at Camden South Carolina, belonged to the Regiment commanded by Col. Malberry, and there joined the main army, under the command of Genl. Greene we were then marched, by our officers, to near the Battle

Ground of the Custer Springs, and being sick with few others, was left on the road, and the army marched on and was in a few days engaged in the Battle of the Custer Springs. After the Battle I was ordered to guard the prisoners, and as soon as I was able, marched and guard to the Pughton town of Salisbury, North Carolina, and continued there engaged in that service until the term of three months had expired, which he fully served out, and was discharged. Received a discharge for three months service, signed by Col. Lock which discharge not concerning of any value. He has long since lost or mislaid, afterwards still a resident of Surry County, North Carolina, a bill was made for soldiers, and he volunteered in the company of Captain Mosby. The day or month or year not now remembered it was immediately after the Battle of Kings Mountain. He volunteered for no specified period but to serve until discharged by order of his officer after the company was assembled. We were ordered to march to the Mountain Town to guard the prisoners taken at the Battle of Kings Mountain and remained there engaged in that service until ordered to be discharged. Was engaged not less than one month, was discharged received a written discharge signed by Capt. Mosby, but which has been lost or mislaid. He has no documentary evidence whatever of his services, and knows of no person, whose testimony he can procure, to testify to his services. He is known to Joseph M. James a clergyman, and to  Genl. John Griffin  to  to Joseph M. James a clergyman, and to  to  the  residents in his present neighborhood  who can testify to his character for veracity, and their

belief of his services as a Soldier of the Revolution
He was Born in Surry County North Carolina. On the 18 th day of May 1761. he has a Record of his age in a Bible now in his possession, given him by his Father
He was living in Surry County aforesaid, when called into the service, after the Revolutionary war, he continued to reside in Surry County about five years, then Removed to the State of Tennessee and settled in what was then Washington County on Roan Creek. Resided there about ten years then removed to Kentucky, and lived for a few years in Bourbon County, then moved to Madison where he lived four years. From there he removed to the County of Pulaski in which County he then settled as in which he now lives, and has for the last twenty five years lived in the same neighbourhood.
The Body of the declaration mentions the names of the Officers who he Recollected, having from old age, Consequent loss of memory, and the long lapse of time, (and most of the Officers being entire strangers) forgotten all the Officers but those he has mentioned, who were his acquaintances.
He Received a Discharge for the first months, Signed by Col o Joseph Williams  Levin . He Received a discharge for the Three months term, Signed by Col o Lock, he received a discharge for the last Service Signed by Captain Mosby. all three of which discharges have long since been lost.
He hereby Relinquishes ever claim whatever to a pension or annuity except the present, and he Declares that his name is not on the Pension Roll of any agency in any State or Territory
Sworn to & Subscribed, the day & year aforesaid Wm Swinney

We Joseph M Janes a Clergyman, residing in Pulaski County Kentucky, and John Griffin residing in said County of Pulaski State of Kentucky Hereby Certify, that we are well acquainted with William Swinney, who has Subscribed and sworn to the above Declaration, that we believe him to be Seventy two 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 to and Subscribed the day and year afore said. Joseph M Janes John Griffin
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 Joseph M Janes who has signed the preceding Certificate is a Clergyman, Resident in the County of Pulaski, and that Genl. John Griffin who has also signed the same, is also a Resident in the County of Pulaski and is a credible person, and that their Statement is entitled to credit.
Bonnie Goffin Justice of the Peace John Lawrence Clerk Pulaski County Levi Hubble
State of

State of Kentucky Pulaski County Set.
William Fox, Clerk of the Court of Pulaski County, Do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of William Linn, Jr.
for Notice.
In testimony whereof I have hereunto set my hand, Sealed my office, at my office in the town of Somerset. This 19 th day of September A.D. 1833.
Wm Fox, Clerk Pulaski County Court

Payments to be made at Washington by the First National Bank Agent for paying Pension- ers, in the Agency of
John C. Calhoun
Recorded in the P. Office, in Book 6 Page 28 by D. [unclear] Clerk.
Samuel H. [unclear] D.C. [unclear]

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, William Murray of the State of Kentucky, who was a private in the Army of the Revolution is entitled to receive Twenty-Six dollars and Sixty-Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office this _____ day of October one thousand eight hundred and thirty-three.
John B. Calhoun Secretary of War.
Examined and Countersigned. S.
21.66 13 33
J. S. Edward

for of the val
Off. L. ... Mar 3 1882 ad 32-1
My dear
Minot D. Merrill Commissioner of Pensions Washington City D.C.
RE

Dr Vernon H. 4 th Sept r 1888- Mr A. Minto Esqr Commissioner of Pension Washington City D.C.
Sir
Yours of the 25 August last informing me of the suspension of the claim of Mr Sheriney of Rockcastle County Ky. for bounty land for the want of Record evidence has been received
Upon examination of the 3 d section of the act of the 3 d March 1853 referred to in your letter, I differ with you upon the construction put upon that section. The 1 st section of the act names the classes of individuals entitled to receive a land warrant, and by that section they are to get it without regard to the time of service if they have been regularly mustered into service. The 2 d section extends the benefit of the act to widows & minor children etc. The 3 d section is nothing more than a proviso or qualification of the 1 st section, and so far qualifies it that no individual shall receive a warrant for less than fourteen days service, unless he can prove he was in a battle or can prove a service less than fourteen days by record evidence
The 3 d section might properly have been added to the 1 st as a proviso and had the same meaning that it now does - thus
"provided that if any such individual shall claim a warrant for a less period of service than fourteen days, he must prove said service by record evidence, or prove that he served less than fourteen days in battle.
Can a warrant issue for a less period of service than fourteen days?
I contend that it can, because it is obvious

to my mind. That the 1st part of the 3 d section as is nothing but a qualification of the 1 st section and the last part of the 3 d section are exceptions to  to that qualification showing how a warrant may issue for a period of service less than fourteen days which is, by proving by record evidence a period of service less than fourteen days, or proving that the individual served in same battle less than fourteen days,
To establish the rule that the service of a Revolutionary soldier or his widow should prove the service by record evidence, or even any other soldier, when it is well known that a great portion of the record evidence of service of soldiers has been destroyed, would be an absolute denial of the rights of many poor soldiers under this act.
The fact that a Revolutionary soldier has been placed upon the pension roll, and been drawing a pension for many years having once made satisfactory proof of his service, should at least be now considered sufficient proof to entitle him to a land warrant.
I cannot admit that no warrant can issue under the act of 3 rd March 1835 unless the service of the applicant is proved by record evidence, such in my opinion is not the spirit of the law, nor could it have been the intention of Congress.
A reconsideration of this claim is most Respect- fully fully asked, and if the Commissioner should still be of opinion that the applicant is not entitled to a warrant, upon the whole proof on file in the department, an Appeal

is prayed.
Hoping that this matter may receive your careful examination and attention With very great respect I remain Your obedient servant J. V. R. ...
a without en inter children also

Brief in the case of Sarah Swinney, widow of William, Rockcastle County and State of Kentucky. act 3 rd Feb: 1853.
Claim, ("original," or "for increase")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance. Husband was pensioned under the Act of 7 th June, 1832, at the rate of $26.66 per An. Marriage proved by attested copy of Marriage License & proof of reputation of marriage & cohabitation. Pensioned Sept. 9 th 1857, as per affidavits of credible Witnesses & report of the Third Auditor. Widowhood & identity established by credible Affiants. (If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Hon. W m H. Kirtley, Mount Vernon, Ky. Name and residence of Agent
J. C. B. [unintelligible] Examining Clerk.

3 d Auditors Office July 2. 1838.
Sir:
W m Swinney, N.Y. act 1832, at $26. 66 / 100 per annum appears to have been paid to Sept 4. 1837. as far as up's have been recd
Very Resp y Wm Swinney
Auditor Geo. B. Whiting Esq. } Comm ee of Pensions }

Pension Office, July 1. 1858
The Third Auditor will please certify the date of death of within named pensioner, and to whom the arrear may be paid.
Very respectfully, John Root Acting Commissioner.
Root

Out Nov 14 May 24
Free
Commissaries of Pensions Washington City D.C.
William Sumner Rep - or 1832 wid - 20th century for a pension

Mr Vernon H
May 24 th 1888
Return to care of W. H. Ritley.

No - 7044.
Sarah Swinney widow of William Kentucky
See Wm. A. Kirtley, Inf 2/58
Act. February 3. 1853.

✓ 26, M 9
S Her Ans

Sarah Swinney, wid: of Wm
Ky!
All Dower interest 2 d Dec: act Feb: 3 rd 1853, at the rate of $26. 66 per An: Com: Sept: 9 th 1857 when her husband died.
Cat: to
Hon: W m H. Kirby
Mt: Vernon, Ky!

State of Kentucky, Rockcastle County. set
This day Granville Watts and Benjamin L. Sumney, personally known to me, made oath before me, that Sarah Swinney is the Widow of William Swinney, De d who was a Revolutionary Pensioner and is the Identical person who is now an applicant for a Pension as Widow of the De d and that they know that Sarah & William Swinney lived together as man and wife from the time of marriage up to his death —
Granville H. Watts B. L. Swinney
Sworn to & subscribed before me this 13 th July 1858
W. H. Ristley County Judge for — 120