Person:Phillip Rushing (4)

From the research of David Donahue:^[4]

Two major myths about this Phillip Rushing create difficulties for a Rushing family researchers.

Myth 1:

Burrell (1798-1867) was the son of Phillip. This is based by looking at one datum point -- that there was a veteran or pensioneer named Phillip Rushing in the household of Burrell in 1840 in Perry County, Tennessee -- and ignoring a great deal of other information, including Phillip's age in the same census. (This is discussed in more detail below.) In general, because of the close associations between the families of Burrell and Isaac, Burrell and Isaac must have been brothers, but census data will not support both to be sons of Phillip.

Myth 2:

The Revolutionary War veteran Phillip was the son of the Abraham Rushing who died in 1805 in Anson County, North Carolina. Phillip could have been slightly older than the Abraham who died in 1805 as Phillip needed to have been born circa 1745 to be father of the Phillip Rushing Jr. in the 1790 census. Without having to be father of the Revolutionary War veteran Phillip, Abraham needs only to have been born about 1750. The myth of Phillip has pushed the estimated ages of Abraham Rushing and some of Abraham's children back in time unnecessarily. For example, I have seen 1750 given as a possible birth date for Abraham's daughter Elizabeth Morgan. No one seems to know her husband's name. Census data in Anson County, North Carolina and Henderson, Perry, and Decatur Counties, Tennessee otherwise indicate that she was the wife of William Morgan, that she was born circa 1773 or 1774, and that her own children were born from circa 1795 to circa 1813. Elizabeth probably was two or three years older than her husband. Some descendants of Abraham are needlessly looking for an earlier marriage for Abraham as Abraham's wife Mariah Meador would have too young to be the mother of children born as early as 1750 as the wrong dates suggest. The acceptance of this myth seems odd to me because Phillip's pension claim names Richard as his brother and Richard is not a name of one of Abraham's children. The Philip who appears as Philip I. in 1800, the younger Phillip in 1810, and as Philep J. in 1820 seems a more likely choice as son of Abraham.

Unfortunately, these myths are contained in an accepted application to join the Daughters of the American Revolution, and the DAR itselp seems to be distributing the misinformation.

Age and Family Relations

In his pension claim in 1834, Phillip Rushing states he had been in Tennessee for 18 years.

A military marker has been erected for Phillip Rushing at Rushing Grove Cemetery in Decatur County. The dates on the marker are 1756-1838. This location probably is incorrect. Phillip seems to have still been alive at the time of the census in 1840. He is listed in the household of Burrell Rushing. Burrell at this time is living south of Rushing Creek, near the Bath Springs area surrounded by various Brashers. So it is probable that this was Phillip's property and not Burrell's. (Burrell registered land on Turkey Creek near Rushing Grove in 1840s, though descendants claim this was the land Burrell settled in about 1820. Burrell's property adjoined Richard's property to the east). A more likely place for Phillip to be buried then would be in an old cemetery in the Rushing Creek area (Brigance, Ivey, Mt. Lebanon perhaps) or in the Brasher Cemetery. For the sake of argument, a case could be made that Phillip and Richard are buried at Campground Cemetery. There is no evidence to suggest that Rushing Grove Cemetery is older than the mid 1850s when Henry Harrington may have been buried there.

The birth date used on the military marker at Rushing Grove Cemetery is 1756. This is the based on an age of 78 sworn to by witnesses in Phillip Rushing's pension claim in 1834. However, in the pension claim Phillip himself admits that his memory is failing. While Phillip mentions that there is proof of his age in a family bible in the possession of his brother Richard, court records never indicate that the bible was produced in court. Whether because of Phillips failing memory or an arithmetic error by a court clerk, Phillip's age in the pension claim seems to be off by 10 years. Census data consistently show Phillip to be older than born in 1856. As his move from Anson Co. is dated by deed to 1815, he had to have been the oldest Phillip in the 1810 census, and by comparison the oldest Phillip in 1800 (when he and his wife were both 45 or older), and in 1790. In the 1790 census Philip Rushing, Jr., is already listed as the head of a family and seems to have two children. The Phillip in the 1840 census with Burrell is age 78 (born circa 1762). Either this is a different Phillip or Burrell has no idea of Phillip's correct age. The death year 1838 on the military marker seems to have been taken from Phillip's the pension papers and may come from a note from the Treasury indicating that Phillip's pension had been paid through that date. There is such a note in the pension papers for Richard Rushing with the same closing date. Richard Rushing is known to have lived until 1841.

Phillip Rushing may have outlived all his children. Perry County Circuit Court Records in 1838 include a petition by grandson Calvin Lacy to be replaced as Phillip's guardian. Calvin Lacy was relatively wealthy and did not have any children, so he would have been a neutral choice among Phillip's competing grandchildren to be Phillip's guardian. If the Phillip with Burrell in 1840 is the Revolutionary War veteran, then Burrell most likely is his guardian.

Census Data and Family Relations

Census data for Phillip in 1790 in Anson County show 3 males under 16 and2 free white females, plus Phillip Jr. in a separate household. Data for Phillip in 1800 in Anson County: 22101-00301; note the addition of another adult female. I think that the 1790 census is closest to being correct for Phillip's family. I think he had at most four sons and perhaps four or five daughters, with two or more daughters having married before 1790. In addition to White and Lacy, the most likely families for Phillip's daughters, assuming that any of their families moved to Decatur County, would be Griffin, Presley, and Wright. The age range for Phillip Rushing's children seems to be 1765-1790.Decatur county Rushing claimants for descent from Phillip often use 1820 Perry County census data to show children born circa 1799. Yet a comparison 1790 and 1800 data seems to show that a married daughter (or, perhaps, a daughter-in-law) and family moved into Phillip's household in the interval, and the same thing may have happened between 1800 and 1810. The young children in Phillip's household in 1820 are more likely to be grandchildren than children. (Census data -- 1790 Anson County: 13-3; 1800 Anson County: 22101-00301; 1810 Anson County: 11001-11101; 1820 Perry County: 010101-01001). Phillip's sons seems more likely to some of the Rushings in Stewart and Houston Counties, Tennessee. It is possible that Phillip was the grandfather of Richard Rushing McNairy County in 1850, and it is possible that he was father of one of the Marks in Perry County in 1830.

Another likely son for this Phillip would be the Richard Rushing in Livingston Co., Kentucky in the 1810 census (born 1785 or earlier). The possibility that one of Phillip's daughters (born ca. 1777 or earlier) married Mark Rushing should be considered. A Burrell Rushing who would have been an adult in 1808 appears in Anson County, North Carolina, property records. A more speculative possibility for a daughter of Phillip Rushing would be the wife (name unknown, born early 1780s) of the Robery Ivy who settled on Rushing Creek in Decatur County.

1774 Land Grant

Phillip Rushing received Land Grant No. 8510 dated July 23, 1774, and issued by Josiah Martin, Royal Governor of the Colony of North Carolina. The grant was for 400 acres in Anson County on the southwest side of the Great Pee Dee, on Great Brown's Creek, joining a bottom by the creek near the muddy spring branch.

Text of Pension Application

The following is text of the pension application of Philip Rushing. His pension application number was S21458.

"Perry County, July Term 1834 -- On this 21st day of July 1834 personally appeared before the Court of Pleas and Quarter Sessions for the County of Perry PHILIP RUSHING a resident of Rushing's Creek in Perry County, State of Tennessee, aged 78 years, who being first sworn acording to law doth on his oath make the following declaration in order to obtain the benefit of act of Congress passed June the 7th 1832 that he entered service of the United States under the following named officers and served as herein after stated.

"This declarent entered the service of the United States under Captain John Jackson he declarent being the Ensign of said company in Anson County in the State of North Carolina, from thence marched to Gilbert Town N. Carolina, from thence to Pleasant Garden at the head of the Catawber, from thence into the Indian Nation on the Hiwassee River, from thence to the Valley Towns where some of our men were out fowling and Indians came upon them and killed three ofthem, one of whose names was Turner he believes; from thence was marched home by way of Pleasant garden, declared served his tour the term of three months as Ensign, he declarent thinks his tour was performed in the latter end of the year 1776, but owing to old age he cannot recollect precisily his Major's name was Davidson, Col. David Love (or Lane) his Col., and general Rutherford was his General.

"This declarent again volunteered under Captain Stephen Jackson in the year 1777, and was imployed on the frontiers guarding the property of whigs and their lives from 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 imployed on the same service that is ranging along the frontiers; in these several last tours he dose not recollect particularly owing to old age and the consequent loss of memory the events of this period of his services 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 up to this time which was 1780.

"The declarent in the year 1781 entered the service under Capt. Bogan, Col. Wade his Colonel; declarent was marched from Anson County N. Carolina to Cape Fear where he was attached to Colo. Smith's Regiment and to capt. Smith's Company; his declarents own Capt. and Col. having left the army. This tour we had an engagement with the Tories on Capefear 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 & went home. This declarent states that on this Tour he served two months. He has no documentary evidence by which he can prove his service nor does he know of any person except Richard Rushing by whom he can prove the same, he hereby relinquishes any claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agencyof any state sworn to and subscribed the day and year above written. (Signed) PHILLIP (X) RUSHING.

"Sworn statements of William Woolverton, a clergyman residing in Perry County, and W. F. Doherty, residing in Perry County, stating that Rushing is 78years of age and he is reputed and believed in the neighborhood where he resides to have been a revolutionary soldier. Signed 21 July 1834.

"Statement of Richard Rushing: '...Richard Rushing who is a creditable person and made oath in due form of law that he served most of the Tours with Philip Rushing, that he has stated that he served in the Revolution, and that he served as he states, and further that he the said Philip Rushing was an Ensign as he states, sworn to and subscribed in open court this 21st day of July 1834.' Signed RICHARD (X) RUSHING.

". . . Questions by the court:

"1. Where and in what year were you born. Ans.: I was born in Anson County N. Carolina 1756.

"2. Have you any record of your age and if so where is it. Ans.: My brother Richard Rushing has it at his house.

"3. Where were you living when called into service, where have you lived since the Revolutionary War, and where do you live now? Ans.: In Anson County when called up top 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.

"4. How were you called into service, were you drafted, did you volunteer or were you a substitute and if a substitute for whom? Ans.: I was called out in Capt. Jackson as an Ensign, whether we were drafted or whether we the company (cannot be read) and went out without a draft. I do not now recollect all the rest of the Tours I was a volunteer.

"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 recollect, and the general circumstances of your service. Ans.: Gen. Rutherford, Col. Wade, and Col. Smith, whether they were regular officers or state officers I do not know as I am old and forgetful, but I think at least Col. Smith was a regular, for the general circumstances of my service &c see my declaration.

"6. Did you ever receive a discharge from the service & if so, by whom was it given & what has become of it. Ans.: I never received a discharge for in the past when it was we were just dismissed by our officers. I was commissioned Ensign but I cannot tell certainly by whom it was signed but think Gov. Caswell, it has long ago been lost.

"7. State the names of persons to whom you are known in your present neighborhood and who can testify as to your character for varasity and their belief of your service as a soldier of the Revolution. Ans.: Parson Woolverton I have who is the nearest preacher and W. F. Doherty could--living in all my neighbours. I would also refer to aul W. C. Dunlap. (Note: living in last sentence could be bring.)

The Amended Declaration of Phillip Rushing - I was at the skirmishes with the Tories at Thompson Creek, at Lynches Creek, Hills Creek, Richardson Creek, and at Drowning Creek at Bettys Bridge where we had a battle 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 Cape Fear River near Wilmington when we defeated the Tories who had defeated Col. Wade at Drowning Creek. I was also in an attack on the Brick House in the possession of the British and after several fire 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 Capt. John Johnson and at sometime transfered to some other company in Col. 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 rout we pursued 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. Signed: PHILLIP (X) RUSHING. 7 Oct. 1834.

"Statement of John L. Houston, J.P.: '...I am personally acquainted with the said Phillip Rushing and know him to be old and infirm and that he is respectable and his statement entitled to credit.' 7 Oct. 1834.

"'I will take a pension for six months on this claim, knowing the old man and from his extreme age he cannot recollect any more than stated in this declaration.' Signed: W. C. Dunlap, 13 Dec. 1834.

"Paid at a rate of twenty dollars from 4 Sept. 1835 to 4 March 1838. (Note from treasury Department, dated 14 Jan. 1839.)" [The transcription above appeared in Vol. 1 of "The River Counties."]

1. ↑ ^1.0 1.1 Daughters of the American Revolution. Genealogical Research System
   DAR Ancestor A100047, accessed 2 Mar 2021.

   Rushing, Phillip, Ancestor #: A100047
   Service: North Carolina, Rank: Ensign
   Birth: circa 1754, Anson County, North Carolina
   Death: Post 9-10-1841, Perry Co. Tennessee
   Pension Number: *S21458
   Service Source: *S21458
   Service Description:
   1) CAPTS JOHN JACKSON, STEPHEN JACKSON, BOGAN, SMITH;
   2) COLS WADE, SMITH, LANE
   
   Residence: Anson County, North Carolina
   Wife: unknown
   Children whose descendants have applied for DAR Membership:
   Burrell, m. Mary Elizabeth Rhodes questionable -- see "Research of David Donahue"
   Phillip, m. Jemima This is the wrong Phillip, most likely the son of Abraham. The sons of Phillip and Abraham appear to have been "swapped" in early membership applications.

2. ↑ Fayetteville, Anson County, North Carolina, in United States. 1800 U.S. Census Population Schedule. (National Archives Microfilm Publication M32)
   p. 220.

   Philip Rushing, 2 males under 10, 2 males 10-15, 1 male 16-25, 1 male 45+; 3 females 16-25, 1 female 45+
   Near neighbor: Abraham Rushing BC [Browns Creek = son of Abraham Rushing Sr.]
   NOTE: There are three Philip Rushings in Fayetteville in 1800, this one is the oldest
   The one on p. 239, age 26-44, is the son of Abraham Rushing
   The one on p. 230, is for a male 16-25, and is often said to be the son of Abraham Rushing, but is too young.

3. ↑ United States. 1810 U.S. Census Population Schedule. (National Archives Microfilm Publication M252)
   p. 15.

   Philip Rushing, 1 male under 10, 1 male 10-15, 1 male 45+, 1 female under 10, 1 female 10-15, 1 female 26-44
   on adjacent line on same page is another Philip Rushing, the Philip Rushing who was born in 1778

   The Phillip Rushing Jr. son usually attributed to Phillip Rushing and wife Hannah is the son of Abraham Rushing and his wife Mariah Meador, as indicated by land records and census records. The son Philip usually attributed to Abraham and Mariah is too young to have been his son Philip, and seems to have associated more closely with the family of Philip and his wife Hannah. The confusion seems to have originated with early membership applications to the DAR and to have been unquestioned and perpetuated by David Donahue.

4. ↑ ^4.0 4.1 Third Generation, in Donahue, David L., compiler. RUSHING FAMILY (Decatur and Henderson counties, Tennessee), ts, 15 Nov 1997 (Tennessee GenWeb, Decatur County, Families, Rushing)
   p. 7, 5. Phillip[3] Rushing (William, 2), accessed 4 Mar 2021.

   Phillip[3] Rushing (William, 2). Born, circa 1745. Died, after 1840, in Perry Co., TN. Birth(2): 1756. Census: 1790, in Anson Co., NC. Census: 1820, in Perry Co., TN.
   He married Hannah. Born, before 1755. Died, after 1815. Children:
   i. Phillip[4] Rushing.
   ii. Hannah Rushing.
   iii. Elijah Rushing. Born, circa 1780. Census: 1800, in Anson Co., NC.
   An Elijah Rushing served as security for Eljiah Lowry, appointed in 1816 as guardian of the minor children of Phillip Rushing, deceased, in Steward Co., TN.
   iv. Millie Rushing.
   v. Other Children.
   Another likely son for this Phillip would be the Richard Rushing in Livingston Co., Kentucky in the 1810 census (born 1785 or earlier). The possibility that one of Phillip's daughters (born ca. 1777 or earlier) married Mark Rushing should be considered. A Burrell Rushing who would have been an adult in 1808 appears in Anson County, North Carolina, property records. A more speculative possibility for a daughter of Phillip Rushing would be the wife (name unknown, born early 1780s) of the Robery Ivy who settled on Rushing Creek in Decatur County.
   "Treat information as unproven. Verify before DAR or LDS submission."

5. ↑ North Carolina. County Court of Pleas and Quarter Sessions (Anson County), and North Carolina. Superior Court (Anson County). Anson County deeds, 1749-1926; indexes, 1748-1962, 1749-1962. (Raleigh, North Carolina: North Carolina Department of Archives and History, 1962).

   Vol H, p. 2, (Image 654 FamilySearch)
   Indenture 4 April 1801
   Between Philip Rushing of Anson County, NC and Isaiah White of same place
   land on Big Brown Creek (Col Palmer and Joseph white neighbors), containing 140 more or less granted to Zacharaiah White 13 Oct 1765
   
   Vol. R, p. 59, (Image 339 FamilySearch)
   Indenture 23 February 1815
   Between Phillip Rushing, Anson County, NC, and Elijah Cook "State of Hatter" [sic - this is a transcription]
   land on waters of Brown Creek containing 200 acres more or less
   Signed Philip x Rushing, Hannah x Rushing
   
   Vol. T, p. 12, (Image 305 FamilySearch)
   Indenture 1 Dec 1819
   Between Philip Rushing Sr. of Anson County, NC and Burwell Benton of same place
   5 tracts of Land:
   100 acres being part of 150 acres grant to Jamy Harrel 14 Oct 1783
   200 acres granted to Morgan Brown 15 July 1794
   400 acres granted to sd Rushing 23 Jly 1744
   50 acres granted to sd Rushing 9 July 1799
   50 acres grant to John dic 27 Sept 1755

6. ↑ Perry County, Tennessee, in United States. 1820 U.S. Census Population Schedule. (National Archives Microfilm Publication M33)
   p. 2/270 (written).

   Phillip Rushing, 1 male 10-15, 1 male 16-25, 1 male 45+, 1 female 10-16, 1 female 45+
   4 slaves 1 male under 14, 1 male 45+, 1 female under 14, 1 female 14-25

7. ↑ Anson County, North Carolina, in United States. 1790 U.S. Census Population Schedule. (National Archives Microfilm Publication M637)
   p. 188.

   Philip Rushing, 3 males under 16, 1 male 16+, 3 females

8. ↑ ^8.0 8.1 North Carolina, United States. North Carolina Land Grant Images and Data: images and associated data provided by State Archives of North Carolina. (David M. McCorkle, 2014).

   File No. 3520, Phillip Rushing
   400 acres On the So. Wt. side of Great Pee Dee River on Great Brown Creek
   Issued: 23 Jul 1774 Book: 26 pg: 57 Grant no.: 764
   Entered: 21 May 1773 Entry no.: 388
   MARS: 12.14.27.3513