Revolutionary War Pension and Bounty Land Warrant Application File S. 31402, for Richard C Swearingen, North Carolina

SERVICE
NUMBER
N 6
Swearingen, Richard b.
S. 31402
Born in N.C.
CONTENTS

16/12/1830  North Carolina
Rich d B. Swarngen of Ashe Co in the State of N.C. who was a Dr in the Company, com led by Captain Harris — of the Reg t by Col Davidson — in the North C led line for —
1 Yr Private — $ 80.00
Inscribed on the Roll of — North Carolina at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 15 th day of Oct r and sent to Professor 1833, Councils Ave. P.O. Ashe Co. N.C.
Arrears to the 4th of Sept 1833 — 2 00 Semimant. allowance ending 4 Mch 1834. 40 $ 2 40.
Recorded by John J. Graham Book C Vol. 8 1/2 Page 73.
Sett. New In? Blair, Tenn. In — in — do — do Cir to Pen Agts 11 Oct 1837. Transf d to Jonesboro Tenn from 1 st Sept 1836 — 19 th Oct 1837 — Modification sent to Hon J. Blair Jones -boro Tenn
Cir to P. Agt May 2, 1837 To Ky Agt 4 Sept 1849 May 25, 1850 1884 Sept 15. H H Swearinger with personal & military history

Richard C. Swaringen
23549
You will please direct your mail to Laurels Store P.O. off of the country Nashville
June 11
A.C.

State of North Carolina } Court of Pleas and Quarter Ashe County } sessions, November term 1832
On this 13 th day of November 1832 Isaacally appeared in open court before us Stephen Thomas Joseph Southland Morgan Bryan. In testimony of the court appeared None sitting Richard L. Succession a resident of the State & County aforesaid and of the age of seventy three 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 bankruptcy passed June 7 th 1832 That he was a ballast maker and captain of a ship Personal name he does not recollect and was from the Pedee river Montgomery County North Carolina to Wilmington at the narrows of the Gadwin where they joined with Colonel Thomas Palks who resided in Millenburgh North Carolina as he understood. From thence they marched on through the state of Virginia. The name of the place he cannot now name being at that time about of about 17 years of age only. to Philadelphia in the state of Pennsylvania. He remained at that place for the term of three months. The city was at that time threatened with an attack by the British. He thinks that he was under the command of General Lee at that place as well as his recollection now serves him, at the expiration of the term of three months he received his discharge. Signed as well as his memory now serves him by one captain Hubbert. He then returned home to North Carolina

This he thinks occurred before the taking of Philadelphia Philadelphia. He remained on the Peace River North Carolina but a short time, before the time he came somewhat trouble- some, to the South. The British ever like to make an attack on Charleston South Carolina. The Tories began to feel confidence in themselves & he came very friendly - some to the inhabitants of the South. There was a call for him to go to Charleston for the defense of that city - he again volunteered under one Captain Taylor whom he thinks lived at that time in the case of South Carolina his Colonel was one Berry Lechler who resided near the Narrows on the Oconee River North Carolina They marched into South Carolina and to Charleston under Taylor & Lechler - he remained in the Service this time three months, it being the time of time he had volunteered for one month of the time & was stationed in Charleston the balance of the time he was in Sullivan's Island but was engaged in no battle in either of these locations. He was under the command of a gentleman by the name of Rutledge - Governor Rutledge - he was then his man in writing by Captain Taylor but he has long since lost or mislaid both so that he knows nothing of either he returned home again to North Carolina on the river Peace where he remained till there was a call for men, the British had then taken Charleston the Tories got quite strong and formidable in the South. one Colonel Garrison & Captain Brevard were raising men to fight and disperse the Tories - he again volunteered under them for the term of three months, he found his officers at a place called

The Long house at the fork of the road between Rocky River & Salisbury N. Carolina. They then marched on to a Place called Leesburg hills in Surry County for the Purpose of dislodging the Tories who were there encamped: and com- manded by one Major Wooten, an engagement took Place between the Company under Garrison and Green- -ard and the Tories which lasted from about daybreak till something like 10- o'clock when the Tories were defeated & routed, except those who were taken Prisoners which were some considerable number. He remained under Garrison & Greenwood for the remainder of the three months. They were constantly on the alert in pur- suit of the Tories, but had no further engagement during that campaign. He received his discharge then in Waverly and returned home which is Long's Fork or Millard. He again volunteered and mustered under the command of one Colonel Scott and Captain Lilly to go against the Scotch who had been on an incursion at a Place called the Raft Swamp in South Carolina, an engagement ensued between the Tories and Scott at this Place, Raft Swamp or bridge, which lasted from daylight till late in the day. Many of the Whig Party were killed in this engage- ment but considerably more on the part of the enemy who fled and were then pursued by the horse troops & many of them slain. After which they the soldiers received a general discharge from their officers & returned home to await a further call. News was then received that Harrison was doing great mischief in the County of Randolph N. Carolina. a Company was then raised of which this Sergeant was one by one Colonel Totten & Captain Kimball

They then re-enlisted as horsemen and marched on to Deep River he thinks about three hundred in number - they halted at a place called the Cross Roads near in the county of Randolph North Carolina, where an engagement took place between their company and Tarreton's which battalion in the dusk of the evening he thinks the engagement lasted for the space of three hours - many were killed on the part of the enemy the next day they went in pursuit of Tarreton to Deep River when he & his men had just succeeded in crossing the same. but the party to which he was attached ceased to go no farther, the river being high & the vessels on the opposite side they abandoned the pursuit & returned home - receiving nothing more than a poor discharge. The next company he was in was under the command of General Rutherford - he then marched under his command to Wilmington North Carolina from Montgomery county N. Carolina the British at that time had possession of Wilmington. They were engaged in several small skirmishes with the Tories on their way to that place. They were marched along the side of the bay near Wilmington, between mid- night & day they fired their cannon. Sent in Spies who returned early in the morning with the pleasing intelligence that the British had evacuated the city - they marched in however next morning & saw the enemy moving slowly off by water - they remained there about 4 days when they returned home after receiving a written discharge There was then a call for men to go and aid General Green & Colonel Morgan. He marched from North Carolina under an Captain Pickett who lived at that time in the county of Montgomery. The Colonel's name he says

not now recollect they joined General Morgan at or near Columbia South Carolina who turned his course up country. The names of the places they marched by he cannot now recollect. but he was in the engagement at what was called the Cowpens Pitche was his captain at this engagement. The Pitche went out. The enemy came advancing a long a road. The horseman General Morgan gave order for the militia to fire on the enemy & then retreat & join soon for the regulars. he was one of the com- pany who first fired at which time the regu- lars came up and began to pack it into them Nearly — The British received a complete rout on this occasion, he was entrusted with a part of the prisoners they being sent off in small squads or companies he however was released shortly after from this command & again joined General Morgan near the river Santee in South Carolina: his term of service then expired. & he received his discharge & returned home. the insurrection had become so general that no one was at rest among those interested In fact he was seldom at home. A call then was made for men. to go to the aid of General Greene. he again volunteered and marched under the command of our captain Lawrence — they joined General Greene near the high hill of Santee in South Carolina where he remained some weeks they were then marched by General Greene to the Eutaw Springs for the purpose of dislodging the British troops who were there encamped. he was in this engage- ment. his whereabouts he cannot recollect. the engagement took place a little after the rising of the Sun: the

enemy, was commanded by Lord Leon Claib - They was defeated and retreated something like five miles: and was pursued by the americans beyond their encampments. the enemy part of them took refuge in a large bark house. artillery was brought to bear upon them which soon removed them from their stronghold. They pursued them he thinks something like two miles from this house. a flag was then hoisted by the enemy & the pursuit ceased - he cannot recollect the date of any of the occurrences men- tioned. he remained in that section for some time when he received a discharge in writing from his Captain Grisdale. & returned home again where he remained in Pea as long as the Tories would permit him which was but a few days - - he was born in the year 1760 in the County of Edgecombe North Carolina. his father removed to Montgomery County & said state when he was an infant. after the close of the war he resided in the Counties of Simmons & Burke for many years from there he migrated to Jackson County West Tennessee where he returned to the state of North Carolina Ashe County where he now resides and for the last ten years. he further states that he has no documentary evidence of his Service and that he has no knowledge of any other more Service by whom he can establish his Service. and in fact he is too old and feeble to hunt after testimony of his Service

I testify of which I do hereby relinquish every claim whatever to any Pension or annuity except the Present. and I do further declare that my name is not on the Pension roll of the agency of any State whatsoever. the State above sworn to in open Court Novm 13 th day, 1832
Richard L. Sweeney Mark.
J Callaway Clk by W Gentry D Clk
We John Hardin and wife Polly a Baptist clergyman residing in the county of Ohio and John Hardin residing in the said county do hereby certify that we are well acquainted with Richard L. Sweeney who has subscribed & sworn to the above declaration that we believe him to be of the age of twenty three or there abouts. that he is reported and believed in the neighborhood where he resides to have been a Colored man of the reputation. and that we concur in that belief sworn to in open Court Novm 13 th day 1832
J Callaway Clk by W Gentry D Clk
Jesse Coffey John Hardin

Interrogatory by the Court where and in what year were you born
I was born in the County of Giles in the year 1760.
2. Have you any record of your age & where is it? Answer I have no record at present it being lost or worn out long since -
3. Where were you living when called into service where have you lived since the Revolutionary war and when do you live now
Answer I was living in what is now the County of Montgomery, Alabama.
I have lived a greater part of my time in the County of Lincoln - Burke and after I lived 15 years in Wilkes County west of Tennes & live now in the upper end of the County of Burke, N. Carolina
4. When were you called into the service, were you drafted, Broughton or a Substituted & for whom were you substituted.
Answer I was always a Broughton -
5. What was the names of the officers - companies & regiments to which you belonged
I was first under Captain Morris & Col. Patten & I marched under them to Philadelphia the next was Col. Lockhart of Captain Spencer  Spencer

I was also under the command of Colonel Carmichael & Captain Brencord against the Yoris: I was also in a leadership under the command of Col. Top & Captain Tilly against the Scotch at the Port Swamp. I was also in an expedition under Col. Top and Captain Skimbail after Governor on a deep river in what is now called Randolph St. Lawrence. I was also with General Rutherford on an expedition to Wilmington N. Carolina I think. one  the  expedition was over the to in against the British. I was also under the command of General Morgan at the battle of the Cowpens Pitcairn was my Captain. I was next with General Green at the Battle of the Patriot Springs. General was my Captain
Did you ever receive a discharge from the Service by whom was it given and what has become of it. I believe I received several discharges in writing from the Captain, Colonel. Pitcairn & others which have been cut out and lost many years since I some times received Parole discharges
And in the later proceedings so hereby declare that it is the opinion of this Court after the investi- gation of the matter and after putting the interrog- -atories prescribed by the War Department that the above-mentioned Applicant was a restitutionary soldier and served as he states

And we do further certify, that it appears to us that John Leffey who has signed the foregoing certificate is a clergyman and a Resident in the county of Ashe and that John Gordon who has signed the same is a resident in the county and a respectable person, and that the statements is entitled to credit.
Joseph Sutherland C. H. C. C.
Morgan Bryan J. B.
Stephen H. H.
Fate of North Carolina Ashe County 3
Thomas Galloway Clerk of the court of pleas and quarters sessions for said county do hereby certify that the foregoing is the original proceedings in said court in relation to the application of Richard Galloway for a pension and that Joseph T. Galloway C. H. Sutherland is chairman of our said court & Morgan Bryan & Stephen H. H. are acting justices of our said court.

Richd. B. Ingersoll
No 60
W.M.
Col. J. L. Edmunds. Commissioner of Pensions Washington City D.C.
Recd

Application for a Transfer
State of Kentucky County of Pulaski } ss.
On this 18 th day of April 1850, before me the subscriber a Justice of the Peace for the said County of Pulaski personally appeared, Richard L. Swearingen, who on his oath declares that he is the same person who formerly belonged to the Company commanded by Captain Servance in the Regiment commanded by Colonel Madison in the service of the United States; that his name was placed on the Pension Roll in the State of North Carolina, that he removed from the State of North Carolina to the State of Tennessee; and has lately removed to Pulaski County in the State of Kentucky where he now resides and wishes his pension to be payable in Kentucky hereafter the following are his reasons for removing from Tennessee, the most of his children have removed to and now reside in Kentucky, and he is now living with his son in law, who attends to his business. Sworn to and subscribed to this day and for aforesaid Cyrus Maitt J.P.P. Richard L. Swearingen mark
State of Kentucky County of Pulaski } ss.
On this 18 th day of April 1850, personally appeared before the subscriber a Justice of the Peace for the said County of Pulaski, Jesse Tubb, who on his oath declares, that he is personally acquainted with Richard L. Swearingen, who has subscribed the foregoing

Affidavit and has been for many Years, he knows him to be the same person described in said Affidavit sworn to and subscribing
The say and Year of our Lord one thousand eight hundred and fifty seven and Isaac Tabb is a person of credibility and entitled to belief
Yssse J. Webb
By me S. May 1857
State of Kentucky Pulaski County P & Set
I William McFay Clark of the County Court for the County of Pulaski, do certify that my Commission as Notary Public, who appears to have signed the two foregoing Certificates, to the Affidavits of Richard R. Duvall and Isaac Tabb, is and was at the time he signed the same an acting Justice of the Peace in and for the County of Pulaski in the State of Kentucky duly Commissioned and qualified, the signatures purporting to be his and genuine, and all his official acts as such Justice are entitled to full faith and credit
In Witness whereof I have subscribed my Name and affixed my seal of Office at Office in the town of Somerset Pulaski County Kentucky this 18th day of April 1857
Will McFay Clark Pulaski County Court

Samuel Kirtland
April 19 th 1857.
Dear Sir,
Please find enclosed the Application of Richard L. Swarbrick, for a transfer to the Kirtland Parish roll:
I Am Respectfully Your obed Servt John G. Lusk
for the
series V in city

N o 25549. Richard C. Swearingen Ashe County North Carolina
Admire Private $80
Rich d C. Swearingen Councils Store post office Ashe County N. Carolina +

WAR DEPARTMENT,
Pension Office,
August 24 th 1833
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 shew what is necessary to be done. These 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 Richard C. Swearingen Ashe County North Carolina
   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.     Vol. - 3 - private Genl Lee   Vol. - 3 - " Col Harris, Col Patten 73 years   Vol. - 3 - " Col Taylor, Col Seaborn Montgomery County   Vol. - 3 - " Col Davison, Col Brannan N. Carolina   Vol. not stated -- Col Soper, Col Lively   Served not stated Draper Col Totten, Col Henderson   Served not stated -- Col Rutherford   Served not stated -- Genl Green, Col Morgan Col Pritchard   Vol. not stated -- Col Linnido Battle at the Cowpens, Eutaw Springs  
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 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.
□ The notes from [a] to [j] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] 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.& 1812 Wars Section REL See
November 14, 1930
Mr. E.S. Harvey Lebanon Indiana
Dear Sir:
You are advised that it appears from the papers in the Revolutionary War pension claim, S.31402 , that Richard C. Swearingen was born in 1760, exact date not stated, in Edgecombe County, North Carolina, and when an infant, moved with his father, whose name is not given, to Montgomery County, North Carolina.
While residing in Montgomery County, North Carolina, he volunteered when seventeen years of age, and served as a private with the North Carolina Troops as follows:
Three months in Captain Harris' Company, Colonel Thomas Polk's Regiment.
Three months in Captain Taylor's Company, Colonel Drury Leadbetter's Regiment, was stationed in Charleston, one month and on Sullivan's Island, for two months.
Three months in Captain Brevard's Company, Colonel Davidson's Regiment, and was in a battle at Colson's Hill, in Anson County, North Carolina.
Three months in Captain Lilly's Company, Colonel Top's Regiment, and was in a battle at Raft Swamp or Bridge, in South Carolina.
Three months in Captain Kimball's Company, Colonel Loftin's Regiment, and was in an engagement at Cross Roads in Randolph County, North Carolina.
Three months under Captain or Colonel McDowell and
Heitman Ginn's Army Seaburton Col. D. H. H. Mil. Dist Soldier's place of residence Drury Leadbetter in S.C. so used him as J. N. C.
Could not identify this Col.

General Rutherford and was in several skirmishes.
Three months in Captain Pilcher's Company and was in the battle of the Cowpens.
Three months in Captain Jarrindo's Company and was in the battle of Eutaw Springs.
Could not be sure of this name,
No specific dates are given for any of the above services.
After the Revolution, he resided in Lincoln and Burke Counties, North Carolina, then moved to Jackson County, Tennessee, lived there about fifteen years, then returned to North Carolina, and had been residing in Ashe County, that state, for ten years when he was allowed pension on his application executed November 13, 1832.
In 1837, he had again moved to Tennessee, and was living in Greene County, to be near his son, whose name is not given, and in 1850, he had moved to Pulaski County, Kentucky, in which state, he said, the most of his children then lived, names of children and of his wife not given.
Turney G. Swearingen testified in 1837, in Greene County, Tennessee, relationship to soldier not stated.
Very truly yours
E. W. MORGAN Acting Commissioner.
File of which was on AB

J L Edwards Esq Lincenborough May 14 1850
Sir:
In answer to your enquiry respecting Richard L Swarbrick a person on the roll. I state that from the Books & receipts of my office he has been regularly paid up to the 4th of September 1849. his receipt for that payment was given 8th September 1850. Since which time to wit. 4th March he has not been paid at the office respectfully.
W H Blair Agent

State of Tennessee } Before me the subscribers Greene County } a Justice of the peace for said county. Personally appeared Furney G. Swearingen and made oath that Richard C. Swearingen who has taken the within Oath is the person described in the within affidavit, sworn and subscribed to before me this 11 th day of July 1837.
Jesse W. Haile Justice of the peace
Furney his Swearingen mark
I do certify that I am well acquainted with the above named Furney G. Swearingen and believe his Oath may be relied on given under my hand this 11 th day of July 1837.
Jesse W. Haile Justice of the peace
State of Tennessee, I, J. C. George W. Foote, Clerk of the County Court of Greene County, do certify that Jesse W. Haile, Esq. whose signature appears to the foregoing certificates, is, and was at the time of the date thereof an acting Justice of the peace duly elected, commissioned and sworn in and for said County, and that his signature thereto are in his own hand writing—
Given under my hand and seal of office at office in Greeneville the 7 th day of August, 1837.
Geo. W. Foote, Clk.

Application For A Transfer State of Tennessee } On this 11 th day of County of Greene } July 1837. before me the Subscriber a Justice of the peace for the said County of Greene personally appeared, Richard C. Swearingen who on his Oath declares that he is the same person who formerly, belonged to the company commanded by Captain Pervard in the Regiment commanded by Colonel Davidson in the service of the united states, that his name was formerly placed on the pension roll of the State of North Carolina from whence he has lately removed, that he now resides in the state of Tennessee where he intends to remain and wishes his pension to be there payable in future. The following are his reasons for removing from north- -carolina to Tennessee that his son who resides in Tennessee might attend to his business, he not being able to attend to it himself, he being aged and infirm Sworn and subscribed to before me } the day and year aforesaid }
Jesse W. Haire } Justice of the peace }
His Richard C. Swearingen mark

the first acquaintance Ever had of this Richard C Swarengin was by Information from my father who was a revolutionary soldier he said with Swarengin against the Indians I have often heard him speake of a man of that name who was in the army with him and the first time I Ever saw Mr Swarengin he calld to me and Asked me If I was not a son of old Reuben Coffey that had a white spot on his head that they calld him old sorrel I told him I was and then he told me of things that had happened between him self and my father that I had often heard my father talke of
November 13 th - 1882
Jesse Coffey
Sworn to in open Court D. Callaway Clerk by W. H. S. entry deft

Prison Office
Eng. T. W. Oct 14 1837
James L. Conway Esq. Commissioner of Prisons Sir
Yours - Referring to the pay Roll that Richard C. Sweeney is a prisoner under the Act of June 1832. at $80 per Annum. n. w. S. transferred to Joppa. for your Letter of the 13 March 1837 - His situation in the last Semiannual return: he has been paid to. the 24 th of Sept 1836
I am Sir respectfully your obedient.
Wm. H. Hunt Clerk
x September

Jonesborough Tenn ee Sept 30th 1837
J. L. Edwards Esq. Sir:
Enclosed I send you the affidavit of R. C. Swarbrick for transfer of pension from Fayetteville N. Carolina to the Jonesborough Agency (to the vicinity of which he has removed) will you have it and as he is unable to return to N.C. & is necessitated
respectfully
John Blair

Finance Office
Washington March 17. 37
Dr. L. Edmund Agassiz Commission of Pensions
Sir
Reference is made to your application a pension under the Act of June 1832. was prior to 4 Sept 1836. No further payment will be made to him at the Office
I remain Yours Obediently.
James M. Smith
Agassiz

State of North Carolina Ashe County
Richard C. Sweeney
Sweeney that he served three months under Colo Top and Captain Lilly fighting the Scotch between Pender & Wilming- ton. He Sweeney he served three months in this Town under Colo Top and Captain Kimball. That he served under general Ashford. & Colo. M c Dowell from the County of Burke N. Carolina & marched on to Wilming- ton to arrest the same from the British and Tories. That in this battle -in he was cut three near the he further Sweeney that he served two of them near the each under Genl. Green, G. Morgan, and Gilcher. That he was in the State of South Carolina during the greater part of these six months.
September 18 th 1833
Richard C. Sweeney sworn
Geo. Haver

State of North Carolina
Ashe County } This day Personally appeared before me George Brown Esqr the undersigned Justice of the Peace in and for the County aforesaid Richard L Swearingen who being duly sworn deposeth and saith that by reason of old age and the 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 up than the Service mentioned as before stated, to wit about Twenty four months that he served in each Company in the War, he had too much Pride to suffer himself to be enlisted but always volunteered and for such Service he claims a Pension.
September 18 th 1833
Geo Brown
Richard L Swearingen Justice of the Peace
State of North Carolina } John Ray Clerk Ashe County } of the Court of Pleas and Quarter Sessions for the County aforesaid do hereby certify that George Brown Esqr was an acting Justice of the Peace in & for the County aforesaid duly Commissioned and sworn that his acts are intitled to full faith & credit as such Justice rendered

my hand & seal of office at office this 18 th Day of September AD 1833
John Ray Clerk
State of North Carolina Ashe County
I Joseph Sutherland Esq Presiding magistrate in and for the County and State aforesaid do hereby certify that John Ray is the acting Clerk of the Court of Pleas and Quarter Sessions the the County aforesaid and that his certificate as such is in due form 18 th September 1833
Joseph Sutherland John Ray

31402 Rev INVALID.
1930-Sept 14 - 1931 E.A. Harry - E
File No. 31,402  Swearingen Richard C. Swearingen Lin Res No
Act: June 1 st 89 th
Index:—Vol. 2 , Page 409
[Arrangement of 1870.]

Rich d G Swearingen, (N.C.) Nov 1832 of Ashe Co. aged 73 years
Vol teer  at 17 years under Capt Harris, marched from Pedee river Montgomery County N.C. to Munger ferry at the narrows of Yadkin river where they joined Colo Thomas Polk, thence thro' Va to Phil a , remaining 3 mos in the City which was threatened with an attack by the British (Aug 1777) was discharged. The Tories feeling confident became troublesome to the inhabitants of N.C.
A call was made for troops to go to Charleston S.C. for the defence of the City & the Vol teer for 3 mos under
Capt Taylor in Colo Ledbetter's N.C. reg t , marched to S.C. & to Charleston & Stationed one mo in the City & 2 mos on Sullivan's Island but engaged in no battle. Returned
home on the Pedee river N.C. After the Surrender of Charleston (May 12, 1780) he enlisted for 3 mos under Capt Brevards in Colo Davidson's Command & joined the
forces at Longhouse at the fork of the road between Rocky river & Salisbury marched into Person Co for the purpose of dispersing the Tories who were encamped
A battle was fought from daybreak until about 10 A.M. when the Tories were defeated & secured quite a number of prisoners. After pursuing several bands of Tories without
having a conflict he was discharged. He again Vol teer under Capt Lilly joined the Com d of Colo Top & had engagements with the Scotch Tories at Raft Swamp
or bridge which continued from daylight until late in the day & defeated them with considerable loss. Now being rec d that the British Colo Ferguson with
a large number of Tories was committing serious depredations in Randolph Co N.C.
He joined the Com d of Capt Kimball as a horseman & marched with 300 onto Deep River & at Cross Roads in Randolph Co had an engagement with a Co of the enemy
which commenced at twilight & lasted 2 hours. Capt Fannons (prob Fanning)
He next served under Genl Rutherford going to Wilmington & on the way had

Several Small Skirmishes with Tories - During the night the British evacuated Wilmington. Upon a call for men to re-enforce Genl Greene Morgan, he Vol d under Capt Pileher joining Col o Morgan near Columbia S.C. & was in the battle of Cowpens ( ) where a number of prisoners were taken. A call was made to re-enforce Genl Greene & he Vol d & under Capt Darrin do he joined his Army on the high hills of Santee S.C. & in a few weeks went to Eutaw Springs where the British were encamped under Lord Cornwallis & an engagement ensued, which compelled the enemy to retreat some 5 miles were pursued some 5 miles ( )
State Dept.
No 2
Born 1760 in Edgecomb N.C. & while an infant his father removed to Montgomery Co N.C. After the close of the war he resided for many years in Lincoln & Burke Co's; thence 1837 to Jackson Co Tenn then ret d to the Ashe Co N.C. where residing the last 10 yrs. Lived 15 yrs in Jackson Co Tenn (west) live now upper end of Ashe Co N.C.
In July 1837 he was in Greene Co Tenn living with his wife & one of her daughters is Fanny G. Swannigan
In April 1850 Richard C was in Pulaski Co Ky where most of his children had removed to & now reside in Ky a letter connected with his removal to Ky is dated Somerset Ky C.H. Pulaski Co

E. S. HARVEY
PHOTOGRAPHER
Phone 262
LEBANON, INDIANA
Oct-5 1930
Com. of Pensions
Washington, D.C.
Dear Sir Will you please supply me with genealogical data from the records of Richard C. Swearingen or Swearingen Oct 15 1833 of Ashe Co. N.C. Revolutionary
Respectfully
E. S. Harvey.