State of Tennessee} Court of Pleas and Quarter Sessions
Perry County } July term 1834
On the 21st day of July 1834 personally appeared before the Court of Perry, Philip Rushing a resident of Rushings Creek in Perry County State of Tennessee aged 78 years who first being sworn according to law doth on his oath make the following declaration I order to obtain the benefit of the Act of Congress passed June the 7th 1832 that he entered the service of the United States under the following named officers and served as here in after stated. This declarent entered the service of the United States under Captain John Jackson the declarent being the Ensign of said Company in Anson County the State of North Carolina from thence marched to Gilbert town NC from thence to Pleasant Garden at the head of the Catawba, from thence in to the Indian Nation on the Wiwasad(?) River from thence to the Valley towns where some of our men were out fowling and the Indians came upon them and killed three of them one of whose names was Turner, he believed from thence was marched home by way of Pleasant Garden declarent served this tour the term of three months as Ensign the declarent thinks this tour was performed in the latter end of the year 1776 but owing to old age he can not recollect precisely. His Majors name was Davidson, Colonel David Lowe his Colonel, and General Rutherford was his general. This declarent again volunteered under Captain Stephen Jackson in the year 1777 and was employed in the frontiers Guarding the property of the Whigs and their lives from the Ruthless hands of the Torys and British. He served this year seven months as a volunteer guarding the frontiers again in the year 1778 he volunteered under the same Captain and was employed as the same service that is ranging along the frontiers and served this year none months as a private. In 1779 under the same Captain he declarent served eight months still protecting the frontier in these several last tours he doesn’t recollect particularly owing to old age and the consequent loss of memory the events of this period of his service as he did not charge his memory with minor events but in fact he nearly always was out in the service of his country from the year 1776 unto this time which was 1780. He recollects an anecdote of his Captain that is Captain Jackson, he the Captain usually said that he had killed 19 Tories and that he must kill the 20th before he stopped, that is with his own hand he killed his nineteen. The declarent in the year 1781 entered the service under Captain Bogan, Colonel Wade was his Colonel. Declarent was marched form Anson County, North Carolina to Cape Fear where he was attached to Colonel Smith’s regiment and to Captain Smith’s Company, his own Captain and Colonel having left the army this tour. (?) Had an engagement with the Tories on Cape Fear not far from Wilmington and defeated them after which we marched up and attached the British in a large Brick house some time not long after this we heard that Cornwallis was defeated at little York and went home. This declarent states that on this year he served two months. He has no documentary evidence by which he can prove the same he here by relinquishes ever claim what ever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state. Sworn to and subscribed the day and year above written.
Phillip X Rushing
Questions by the Court
- 1st Where and in what year were you born?
Answer: I was born in Anson County, North Carolina in the year 1756.
- 2nd Have any record of your age and if so where is it?
Answer: My brother, Richard Rushing has it at his house.
- 3rd Where were you living when called into service, where have you lived since the Revolutionary War and Where do you live now?
Answer: In Anson County when called into service where I continued to live till about fifteen years ago I moved from there to the County of Perry in the State of Tennessee where I now live.
- 4th How were you called into service? Were you drafted, did you volunteer or were you a substitute and if a substitute state for whom?
Answer: 1st I was called out (?) Captain Jackson as an Ensign, whether we were drafted or whether (?) That Company just (?) And went out a draft I do not recollect all the rest of the tours I was a volunteer, I know.
- 5th State the names of some of the regular officers who were with the troops where you served with Continental and Militia Regiment as you can recollect and the General circumstances of your service.
Answer: General Rutherford, Colonel Wade and Colonel Smith whether they were regular officers or State Officers I do not now know as I am old and forgetful but I think at least Colonel Smith was a Regular as far as general circumstances of my service, see my declaration.
- 6th Did you ever receive a discharge from the service and if so by whom was it given and what has become of it?
Answer: I never received a discharge for in the part where I was we were just dismissed by our officer. I was commissioned Ensign but I can not tell certainly by whom it was assigned but think General Caswell it has long ago been lost.
- 7th State the names of persons whom you are know in your present neighbourhood and who can testify as to your character for varsity and their belief of your service as soldier of the Revolution.
Answer: Rev. Woolverton I have who is the nearest preacher and W. F. Doherty. I could bring in all my neighbors I would also refer the name name W. C. Dunlap.
We William Woolerton a clergy man residing in _____ County and W. F. Doherty residing in ____ do hereby certify that we are well acquainted with Philip Rushing who has subscribed and sworn to the above declaration that we believe him to be 78 years of age, that he is respected and believed in the neighbourhood where he resides to have been a revolutionary soldier and that we concur in that opinion sworn to and subscribed this 21st July 1834.
William Woolerton, Mg
W. F. Doherty
State of Tennessee} Court of Pleas and Quarter Sessions
Perry County } July term 1834
This day personally appeared Richard Rushing who is a credible person and made oath in due form of law that he served most of the tours with Philip Rushing, that he had stated that he served in the Revolution and that he the said Philip Rushing was an Ensign as he states. Sworn to and subscribed in open Court the 21st day of July 1834.
Richard X Rushing
Jesse Taylor, Clerk
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogation 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 approves to them that William Woolverton who has signed preceding certificate is a clergyman residing in the County of Henderson and that W. F. Doherty who signed the same is a resident in Perry county and is a credible person and that their statement is entitled to credit.
William Wright, JP
?? H. Houston, (JP)
I Jesse Taylor Clerk of the Court of pleas and quarter sessions for the forgoing contains the original proceedings of the said Court in the matter of application Philip Rushing for a pension.
In testimony set my hand and Seal of Office this 21st day of July 1834
Jesse Taylor, Clerk of Perry County Court
The Amended Declaration of Philip Rushing to his original Declaration filed in the Court of pleas and Quarter Sessions for Perry County. I was at the skirmishes with the Tories at Thompson’s Creek, at Lynches Creek, Hills Creek, Richardson Creek and at Drowning Creek at Bettys Bridge where we had a bottle with the Tories and we parted without any decision and afterwards the Tories defeated the Whigs but I was not in that engagement I was on the Cape Fear River near Wilmington where we defeated the Tories who had defeated Colonel Wade at Drowning Creek. I was also in an attack on a Brick House in the possession of the British an after several fires we retired being unable to take the House. I was in the Company of Stephen Jackson a part of the time and a part of the time I was in the Company of Captain John Jackson and at some time transferred to some other Company in Colonel Smith’s Regiment but I am now unable to recollect the name of the officers except as stated in my original declaration. I am now old and infirm and my memory has failed me so much I cannot recollect the dates of my service. I can only recollect the places we had a battle or expected to have one and the names of the officers, but what (???) we (???) in each campaign I cannot now recollect or the particular time I served in each campaign I have only a recollection of serving my country and being generally in service.
Philip X Rushing
State of Tennessee} This 7th day of October 1834
Perry County } personally appeared before me John Houston an acting justice of the peace, Philip Rushing a citizen of said County and made oath that the facts stated in this forgoing amended declaration are true to the best of his knowledge and belief.
I do further certify that I am personally acquainted with the said Philip Rushing and know him to be old and infirm and that he is respectable and his statement entitled to credit.
John L. Houston His
Justice of the Peace Philip X Rushing
I certify that John L. Houston whose name is signed to the forgoing certificate is an acting justice of the Peace for the County of Perry and State of Tennessee and that his name is in his own proper handwriting.
December 6th 1834 W. C. Dunlap
I will take a pension for six months on this claim knowing the old man and from his extreme old age he cannot recollect any more than stated in this declaration.
December 13th 1834 W. C. Dunlap