Revolutionary War Pension and Bounty Land Warrant Application File R. 9797, for David Smith, Connecticut
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SERVICE Conn. 
Smith, David 
Mary 
NUMBER R 9797 
S born Nov 20 1756 at Canterbury Conn there at enl [enlistment] 
In  1832, res of Braintree Orange Co Vt. 
Sol Died Mar 23, 1840.  She died Oct 23, 1843.
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Vermont 18.805 
David Smith 
of Orange in the State of Vermont who was a Private in the Company command by Captain Bacon of the Regt commanded by Col Chester in the Conn. Ma. [militia] line for 2 years.  
Inscribed on the Roll of Vermont, at the rate of 80 Dollars - Cents per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 4 day of Oct 1833 and sent to J. K. Parrish Randolf Vt. 
Arrears to the 4th of Sep 33   $200.00 
Semi-anl. allowance ending 4 Mar. 40.00 
$240.00  
{Revolutionary Claim,  Act June 7, 1832.}   
Recorded by Eli Brown Clerk, 
Book E. Vol 3 - Page 92
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David Smith
Mary Smith
Death of wid.
Children
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I Daniel Waite of Braintree Orange County & State of Vermont aged seventy nine years depose testify and say that I purchased the farm on which I now live in 1791 or 92, that David Smith, owned the lot adjoining mine, and we lived neighbors from about that time until his death in 1840. Mr. Smith was married I believe in Royalton, and he and his wife before they commenced housekeeping lived in my house.  He moved his wife and first child into my house as early as 1793 and lived with me one year & then moved on to his own [unreadable].  I was well acquainted with both Mr Smith and his wife and they were respectable, upright, and intelligent people and lived very near me till each died, the widow some 3 or 4 years after her husband.   Mr. Smith was a Pensioner when he died.   
Daniel Waite 
State of Vermont 
Orange County }  ss At Braintree in said County this 26th day of March 1847 
Daniel Waite the signer of the foregoing affidavit to me well known as a person of truth & veracity subscribed the same in my presence & made oath to the truth thereof 
Before me R. Parish Justice of Peace 
I Asel Flint of Braintree in Orange County & State of Vermont aged Eighty-three years depose testify and say that I have lived in the town of Braintree and on the farm where I now live more than fifty years, Mr. David Smith, owned a farm near me and I was well acquainted with him from 1790 till his death in 1840.   Mr. Smith was a carpenter by trade and did not move
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move on to his farm until after be married, and for one year he lived in a house of my nearest neighbor Daniel Waite, he had one child at the time, it was 1793 or before that>   David Smith & his wife & oldest child died with Daniel Waite, Mr. Smith and his wife were, upright, honest and intelligent, proper well beloved & reputed as good citizens.   Mr Smith was a pensioner when he died and was from the State of Conn. when he moved into Vt.  Mary Smith the late widow of David Smith died in latter part of 1843, but before her death the had buried her two sons, Henry and Jabez, having no children.  
Asel Flint
State of Vermont
Orange County ss}   At Braintree in said County this 26th day of March 1847 
Asel Flint to me well known as a person of truth & veracity subscribed the foregoing affidavit in my presence and made oath to the truth of the same. Before me J K Parish Justice of the Peace
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STATE OF VERMONT 
ORANGE COUNTY, SS.} I Calvin Blodgett Clerk of the County Court of the County of Orange in the State of Vermont, do hereby certify that J. K. Parish Esqr is an acting Justice of the Peace in and for said county, duly commissioned and qualified; that his commission was dated on the first day of December in the year of our Lord one thousand eight hundred and forty Six and will expire the thirtieth day of November next, and that his signature hereto affixed is genuine.
 Given under my hand and the Seal of said County Court, this 31st day of March A.D. 1847 
Calvin Blodgett Clerk
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State of Vermont 
District of Randolph ss}  In Probate Court holden at Brookfield in the County of Orange & State of Vermont on this 28th day of July AD 1832 David Smith of Braintree in said district County & State aged 74 years personally appeared in open Court before the Hon. Frederick Griswald Judge, who being 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, 1832.   
That he entered the service of the United States the last of the year 1775 enlisted under Capt. Green at Canterbury Co & marched to Cambridge and served two months. In April 1776 he again enlisted at said Canterbury under Capt. Asa Bacon for nine months & served the full time.  Was ordered to N. York City & staid there several months & then was stationed at Valentine Hill, Col. John Chester Commanded the Regt.  From there was ordered the White Plains where he was in the action.  After the battle went to South Castle,  from there went to Pennsylvania and was discharged within nine miles of Philadelphia.  In the spring of 1778 enlisted under Capt Robinson of Scotland on for one year as a State soldier but marched to White Plains N.Y. and then to West Point from there returned to New London Conn. & served the remainder of the year and was discharged - Col. Samuel McClellen commanded.  In the Summer of 1779 again enlisted for nine months under Joseph Durkee in the Co. State troops under Col Levi Wells Regt,  and served the full time,  left N. London & went to Stratford and was there discharged. He hereby relinquishes every claim whatsoever to a pension or annuity except the present & declares that his name is not on Pension Roll of any agency of any State.   David Smith     
Sworn to and subscribed the day and year aforesaid 
Frederick Griswold Judge of Probate 
And the said Court do hereby declare the opinion after investigating the matter that the above named applicant was a Revolutionary soldier and served as he states. And said Court further certify that the affidavit of Lyman Kidder & Daniel Waite of Braintree which accompany this declaration is entitled to credit.  
I J. K. Parish Clerk or Reg of the Court of Probate aforesaid hereby certify that the foregoing contains the original proceedings of the Court in the matter of the application of David Smith for a pension.   
In testimony whereof I hereunto set my hand and seal of office this 28th day of July 1832.  
J. K. Parish Clerk or Reg
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I hereby certify that the foregoing is truly copied from the original ones in my office 
Attest J. K. Parish Clerk or Regis
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I Ebe Durkee of Pittsfield in the County of Rutland and State of Vermont testify and say that about the first of July 1777 I enlisted into Capt Joseph Durkee's Company of Connecticut State troops in Col Levi Wells Regiment.  We marched to New London and Staid there untill about the last of January following and then moved to Stratford and served there till our time expired, that I served in said Company nine months and David Smith now of Braintree in the County of Orange and State of Vermont served in the Company with me, I was well acquainted with him and knowing that he served nine months in said Company.  
Ebe Durkee 
Subscribed and sworn to this 16th day of July 1832 in due form Before me Wm. R. Blossom Justice Peace 
Ebe Durkee the signer of the above affidavit is to me well known and is a credible witness.
Wm. R. Blossom J Peace 
[unreadable]
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Secretary of States Office Montpelier August 13. 1832 
I hereby certify that Wm. R. Blossom is Justice of the peace within & for the County of Rutland in said State & that to his act & attestations as such full faith & credit ought to be given.   
In testimony whereof I have hereunto set my hand & affixed the seal of office this 13th day of Augt 1832 
Timothy Menill 
Secretary of State
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David Smith Declaration No. 2. 
State of Vermont 
District of Randolph ss} On this 10th day of June AD 1833 personally appeared before the Hon. the Probate Court now sitting at Randolph in sitting in Orange Co. David Smith and after being sworn according to law made the following additional declaration in order to obtain the benefit of the act of Congress of June 7, 1832.   He states that he does not know of any further proof short of going to Conn. a distance of nearly 200 miles and is not positive of finding any there but thinks it probable he might.  He states that in his first tour the last of 1775 he cannot certainly recollect who was the Col. commanding. After enlisting at Canterbury Conn. was marched to Cambridge Mass. & arrived there he thinks in June 1776, was employed a great part of time in fortifying Lechmere Point and was in service a full two months.  He states that he cannot give a more correct statement of his 2d tour of 9 mos. under Col. Chester in Capt Bacon’s company than he gave in his declaration July 28, 1832.  Maj Talmadge started with his Regt but after getting to N.Y. Talmadge was taken into Genl Washington staff. He states that in his years service in 1778-79 under Col. McClellan it was an enlistment as State Troops & it was not expected they would March out of the State, but were ordered to White Plains N.Y and after about 3 months returned to the State & within 3 days was ordered to N. London & served the remainder of the year at that place & served the full year.  He states that his service under Col. Wells was performed as declared on the 28th July 1832 & served 9 months & was stationed there & in Stratford for the whole of said term & my during all of said enlistments served as a soldier & was not employed in any civil capacity.  
Answers questions - was born in Canterbury on in 1758.  Age recorded in said Canterbury & has seen it on record.  Lived at Canterbury each time of entering service.  Since the Revolutionary has lived in Royalton & Braintree Vt, now lives in said Braintree.  Volunteered each tour of duty. See names of officers as stated in declarations and never receive a written discharge.  In Answer to the 7th question he refers to Rev. Ammi Nichols, Lyman Kidder, Daniel Waite, Dea. Sam’l Bass
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Jeremiah Snow &c.    David Smith 
Sworn & subscribed the day year aforesaid.   
Calvin Blodgett Judge
We Ammi Nichols a Clergyman in the town of Braintree and  Dea. [deacon] Samuel Bass residing in the same Braintree hereby certify, that we well acquainted with David Smith has subscribed and sworn to the above declaration; that believe him to be 75 years of age; that he is reputed and believed in the neighbourhood where he resides have been a soldier of the Revolution, and that we concur in that opinion.   Ammi Nichols Minister 
Samuel Bass 
Sworn & Subscribed the day & year aforesaid before me 
Calvin Blodget Judge 
I William Hebard Clerk or Register of the Court aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of David Smith for a pension. In testimony whereof I have hereunto set my hand & seal of office this 10th day of June AD 1833 
Wm Hebard Clerk or Register
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Mrs. David Smith
Declaration in order to obtain the benefit of the act of Congress of the 7th July 1838 entitled "an Act granting half pay & pensions to certain widows." 
State of Vermont 
District of Randolph ss}   On this 11th day of August AD 1843 Personally appeared before the Probate Court now sitting at Braintree in the County of Orange District & State aforesaid Mary Smith aged Eighty four years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838 entitled "An act granting half pay and pensions to certain widows."  That she is the widow of David Smith who served in the War of the Revolution and was a pensioner of the United States upon the Roll of the Vermont Agency under the act of 1832 at the rate of Eighty dollars per annum as will appear by his certificate hereto attached.  
She further declares that she was married to the said David Smith at Brookfield in Orange County on the 17th day of June seventeen hundred and ninety and that her said husband died on the 23d day of March Eighteen hundred and forty.   
That she was not married to him previous to his having service but the marriage took place previous to the first day of January 1794 to wit on the 17th day of June seventeen hundred & ninety and as above Stated and that she still remains a widow.   
Witness J.K. Parish 
Mary Smith x her mark  
Sworn to and subscribed open Court the day & year above written 
Before me   D. F. Weymouth Register 
The Court further certifies that the aforesaid widow Mary Smith the Declarant is the widow of the David Smith late a Pensioner above alluded to and her declarations are entitled to full
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Credit for truth. Witness the seal of said Court and my hand at Braintree in said District the day & year above written. 
D. F. Weymouth Register 
I Jabez Smith of Braintree in the County of Orange and State of Vermont aged forty seven testify and say that my Father David Smith late a Pensioner of the U.S. under the Act of 1832 died on the 23d day of March 1840 and that his widow Mary Smith my mother is still living and resides with me. I always resided with my father from my birth until his decease, my father had no family record & I do not know the year he was married to my mother yet I had a Brother who was three & a half years older than myself who died in 1838.   
Jabez Smith 
Sworn to & subscribed in Probate Court at Braintree this 11th day of August AD 1843- 
Before me D.F. Weymouth Register 
I further certify that Jabez Smith the signer & sealer of the foregoing affidavit is a person of truth & veracity 
D. F. Weymouth Register
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9491
Widow Mary Smith 
Vt
Mary Smith Dec’d 
Vt 
The letter of 13 June 1844, admitting the proof of the marriage to be Satisfactory was bound upon evidence filed in the case of Mary Smith Widow of Nathaniel.  This evidence has taken from the papers in this case and filed with those to which they belong [unreadable] papers filed by the [unreadable] case of Mary Smith [unreadable].
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State of Vermont 
District of Randolph ss }  I Johnathan Smith Register of the Court of Probate holden at to Chelsea in said District do hereby certify that satisfactory evidence has been Exhibited to said Court that Mary Smith the of Braintree deceased who was a pensioner at the rate of eighty dollars per year, at the time of his death and that she, the said Mary Smith, died October the twenty third Eighteen hundred & forty three and that she had no children surviving her at the time of her death.  I also further certify that J. G. A Spear Esqr of Braintree is duly appointed Administrator of the Estate of the said Mary Smith and is acting under his authority as administrator of said Estate.   
In testimony whereof I here unto set my hand and affixed the Seal of the said Court of Probate at Chelsea in said District this 28th day of June A.D. Eighteen hundred & forty eight 
Jonathan Smith Jr Register
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Washington Feb 17 1850
I hereby certify that I was personally acquainted with Mrs Mary Smith formerly of Braintree in the County of Orange and State of Vermont, and Widow of David Smith a Revolutionary Pensioner.  The said David and Mary Smith had two sons, Henry and Jabez Smith, both of whom were married and both had children who are still living but at the decease of the said Mary Smith, the said Henry and Jabez were both deceased.   
Wm. Hebard M.C. from the State of Vermont
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case of David Smith 
Bundle 20 No 13 
On Roll Capt Abner Robinson of Col McClellans Regiment 
To [unreadable] 4 March 1779   
Adm [admitted] 
2 years 
$80- 
J K Parish Esq 
Randolph Royalton Vt
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WAR DEPARTMENT 
Pension Office, 
19 April 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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request greatly facilitate the investigation of your claim. 
A Statement, showing the Service of    David Smith
Period when the service was rendered.   1776   Duration of Claimant’s Service.  2 Months  Rank of claimant.  Private   Names and rank of the Officers under whom he served. don’t remember field officers     Age at present and place of abode when he entered the service.  75 Canterbury  Proof by which the declaration is supported.  No positive proof
Period when the service was rendered.   1776   Duration of Claimant’s Service.  9 Months  Rank of claimant.  Private   Names and rank of the Officers under whom he served.  Col. Chester & Major Talmadge     Age at present and place of abode when he entered the service.  75 Canterbury  Proof by which the declaration is supported.  Declaration & corroborating circumstances
Period when the service was rendered.   1778 & 79   Duration of Claimant’s Service. 1 Year  Rank of claimant.  Private   Names and rank of the Officers under whom he served.   Col. Saml McClellan     Age at present and place of abode when he entered the service.  75 Canterbury  Proof by which the declaration is supported.  Declaration & corroborating circumstances
Period when the service was rendered.  1779   Duration of Claimant’s Service. 9 Months  Rank of claimant.  Private   Names and rank of the Officers under whom he served.   Col. Wells     Age at present and place of abode when he entered the service.  75 Canterbury  Proof by which the declaration is supported.  Ebe Durkee & Eliph. Farnam affidavits
2 years 8 months
I am respectfully 
Your obedient servant 
JAMES L. EDWARDS, 
Commissioner of Pensions.
Mr. David Smith
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2            
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 in stance, 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 
County of } ss.
On this day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District years, who being first duly sworn, according to law, doth on his oath make the in 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) 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 that of 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 hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C.D. residing in (the same) who has 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 day 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 contains the original proceedings of the said Court, in the matter of the application of for a pension. 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
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3
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 Town officer 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 he 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. 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 traditionary 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 Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed 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 declaration herein required is made, the parties interested will transmit such evidence as they can cure, taken and authenticated before a Court of Record, showing the services of the deceased, the person 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 - months and --- days, I served as 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 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 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 [i] 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 traditionary 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.   
McClellans regt raised in 1778 was minute men, raised for 12 mths.   But only the actual services can be allowed which must be shewn.
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REJECTED  
9797
Mary Smith 
Widow of David Smith 
The printed list of 1852 cause of rejection as “not a widow at the date of the Act ." 
Apr 18 1902 Mrs A. T. Lewis Elgin Ill 2 copies
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9491 
Mary Smith 
David
Vt. 
Let to J.K. Parish May 20 [unreadable]
Hon  [unreadable] March 6
To J. K. Parish Oct 14 1843
To Hon. J. Collamer 9. April 1844 
To J. K. Parrish June 3 1844 
To Same 7 Sep 1844
To Hon J. Collamer Heb 43 ‘46
Act July 7 ‘38
Let J. K. Parish Mar 17 1847
Same Apl 20 1847
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Braintree July 1 1848 
Hon Jacob Colamar House Reps  
Sir 
Here with is a certificate of the time of the Death of Mary Smith a Pensioner the widow of David Smith a Revolutionary Pensioner requesting that a certificate for a pension may be sent to said Administrator there in mentioned according to law and the former practice of the pension department the proof being fully satisfactory now in the case.   Please forward the same to the Pension office and much oblige your obedient Servt 
Araunah Spear
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Braintree July 27th 1832 
We hereby certify that David Smith is about 74 years old, that he has resided in this Town about 30 years, that we are well acquainted with him and that he is respected in the Neighborhood and considered a man of truth and believed to have been soldier of the Revolution and we concur in that opinion.   
Lyman Kidder 
Daniel Waite 
Orange County ss. Braintree July 27th 1832. 
Then personally appeared Lyman Kidder and made Oath to the above certificate by him signed, before me   Jonathan Bass Justice Peace
Orange County ss  Braintree July 28th 1832 
Then personally appeared Daniel Waite and made oath to the above certificate by him signed before me Daniel Waite Jr Justice Peace
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David Smith
State of Vermont 
Secretary of State's office 
Montpelier, August 13, 1832. 
I hereby certify that Jonathan Bass and Daniel Waite Junr Esquires are Justices of the Peace within and for the County of Orange in said state and that to their acts and at attestations, as such full faith and credit are and ought to be given and I believe the within to be their signatures.   
In testimony whereof I have here unto set my hand and affixed the seal this office this 13th day Aug. A.D. 1839 
Timothy Merrill Secretary of State
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I Eliphalet Farnam of Averys Gore in the County of Addison & State of Vermont do certify & say that first of July 1779, I enlisted into Capt Joseph Durkees Regiment, we marched to New London & staid the until about the last of January following, & then moved to Stratford and served there until our time expired, that I served in said company nine months & that David  Smith now of Braintree in the County of Orange & State of Vermont served in the same company the same length of time.  
Eliphalet Farnam
Addison County Ss} 
Kingston 19 of July 1832 Then personally appeared Eliphalet Farnam of Avery’s Gore of Avery's Gore in said County, & made solemn [unreadable]  that the above Deposition by him [unreadable] nothing but the truth 
before me Isaac Parker Justice of Peace 
Kingston July 19th 1832. I hereby certify that the above named deponent viz Eliphalet Farnam is a  person of undoubted truth & veracity 
Attest Isaac Parker
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Eliphalet Farnam 
Deposition
State of Vermont 
Secretary of States office 
Montpelier August 13. 1832 
I hereby certify that Isaac Parker is a Justice of the Peace within & for the County of Addison in said State & that to his act & attestation as such full faith & credit ought to be given.   
In testimony whereof I have hereunto set my hand & affixed the seal of office this 13th day of Augt 1832 
Timothy Merrill 
Secretary of
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I J. K. Parrish of Randolph Orange County & State of Vermont of lawful age testify & say that I have examined the records of marriage in the town of Brookfield with the town Clerk of said town but cannot find the marriage of David Smith. His widow stated that she was married by the Rev. Elijah Lyman in Brookfield about 1790.  I find from records that the Rev. Mr Lyman was the minister at Brookfield at that period yet can not find any certificates of marriages by him until several years after.   
I further testify that I have been a acquainted with the family of David Smith late of Braintree deceased for many years and about thirty years ago I taught school in the same District in which he then resided and that they had two sons who both attended school under my instruction,  Henry & Jabez and as I now recollect well that Henry was some my senior and Jabez younger. I further testify that according to the approved record of my family that I was born in September 1793.   
J. K. Parish 
State of Vermont 
District of Randolph In Probate Court this 11th day of August 1843 J. K. Parish well known as a credible witness personally appeared was sworn to the truth & subscribed the foregoing affidavit 
D. F. Weymouth Register
Page 30

State of Connecticut 
Comptrollers Office 
Hartford 21 Oct 1843 
I certify that on application for evidence of the service of David Smith in the war of the revolution alleged to have served in 1776 & 1779 Under Cols Chester, McClellan & Wells & Major Talmadge I have made examination but find only two or three pay rolls of companies in all the regiments and on none of them is the name of David Smith, Major Tallmadge belonged to Sheldon's regiment of Dragoons of which then are rolls, but the name of David Smith does not appear.  
Gideon Welles Comptroller
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Comptroller's Office, Connecticut 
Hartford, January 26th 1847 
Dear Sir
Since writing you relative to the service of David Smith, I have found the name of the said person in a Roll headed as follows: "Arms & Accoutrements bought, hired or impressed by the Selectmen of Canterbury & delivered to soldiers of that town for campaign of 1776.”  He is stated to have received his arms &c. in the company of Capt. Asa Bacon which received their arms &c. July 4th 1776 & was settled with May 9th 1777.  On looking, I find the said company was mustered in Col. Chester's Regiment. Shall I forward a certificate of the above?   If so please inform.
Yours Very Respectfully 
Mason Cleveland Compt
J. K. Parish Esq
Page 32

State of Connecticut 
Comptrollers Office 
Hartford Feb. 5th 1847 
On application for proof of the Service of David Smith in the war of the revolution I have examined the Records of Settlements with the Officers and Soldiers of that war now remaining in this Office and hereby certify that a document is found headed Arms & Accoutrements both hired and impressed by the select Men of Canterbury and delivered to Soldiers of that town for the campaign of 1776.   
Said document contains a list of soldiers names receiving said Arms and accoutrements in the Company of Capt. Asa Bacon. In this list the name of David Smith appears.   
It also appears that said Anns were appraised and delivered to the soldiers in Capt Bacons Company on the 4th day of July 1776 by the Select Men of Canterbury.   
I further certify that in Ledger A. of the money of the records of Settlement it appears that Capt Asa Bacon recd an order on the treasury June 19th 1776 of £580, and also that he was credited on the 9th of May 1777 by his acct rendered for £679.16.4, and charged with order on Treasury for £99.16.4.  His service was performed in Col. Chesters regt.   The above settlement was for his company.   Mason Cleveland 
Comptroller
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Comptroller's Office, 
Connecticut Hartford, January 13th 1844. 
On application for evidence of the service of David Smith in the war of the Revolution, I certify that having made search in the records of that was now remaining in this office, I find in a record called “Haskell's Receipts" the name of David Smith in Bradley's Regiment stated to have received £1.5.5 Specie value for a tour of service in 1776. Also on a pay abstract for Capt. Daniel Godfrey's Company in Col. Saml Whitings Regiment of Militia in October, 1777, for a short campaign at the Highlands, the name of David Smith appears as a serjeant - the time he served & the amount of pay not stated.   Also in a Pay Roll for Horse Travel of Capt. Joseph Smith's company Col. Beverley's Regiment, the name of David Smith is found, stated to have received £2.12. for an expedition to Norwalk, in the year 1779.  
Mason Cleveland 
Compt
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Randolph Vt. February 10th 1847 
Sir
I now forward to the Pension Office all the record proof I have as yet obtained of the services of David Smith for whose widow Mrs. Mary Smith I have been claiming a Pension. To be sure I have not obtained, & probably cannot record evidence of the full service as stated in his original Declaration yet knowing Mr. Smith well as I did in his life time I have no doubt of the performance as he declared & I cannot now believe the Department will think differently.   I enclose the Comptrollers certificate of 13th Jany. the services performed for which he rec’d £1.5.5,  I think are the 2 mo. first named in his original declaration and the same is sustained by the letter of the town Clk of Canterbury Ct. of his services at Cambridge.   The same letter also sustains Mr. Smith’s declaration of the service under Col. Wells - Mr. Benj Smith & Mr Ebenezer Parks being pensioners in that town & served with said David Smith - that letter I enclose, I also enclose the letter of the Comptroller, forwarded me under date of the 26th Jan. as well as his certificate of the 5th of February which fully establish his services in Col Chesters Regt. I have no doubt did I know where to apply I could obtain the years service under Col. Samuel McClellan in 1778 & 1779 but I do not know where to apply for Col. McClellans rolls and I believe the Department will not require it, knowing as it must the great difficulty of obtaining record proof.   I submit this case again to the Department, hoping & believing that a favorable decision will speedily be made upon a reexamination of this case-
I am any respectfully yr obde Svt 
J. K. Parrish 
Hon J. L. Edwards Comr Pens 
N. P. I do not suppose the other tours of service in the Cert of the 13th Jany are services of the David Smith formerly of Canterbury for whose widow I am claiming.
Page 35

Hon Secretary of War
Page 36

Randolph Vt.   Aug 22d 1833 
Hon. Secy. of War 
Sir. 
The annexed letter from the Department suggests that D. Smith the applicant should apply to E.D. Bangs of State of Mass. for evidence of service.   
It is thought there must be some mistake in directing applicant to apply to Bangs as he was never a resident of Mass but resided in Canterbury Conn. during each of his engagements- 
In case the Department are not satisfied to allow what proof is sent nearly full pay, the applicant (though infirm from a sickness since his application) will go to Conn. for proof on the return of the paper once more.   
Yours &c. J. K. Parish  
Mr. Smith has for a long time resided in Braintree Vt. and his reputation & character stands as fair as any individual in town and could obtain any certificates to the fact required, he is known to the Hon. Dudley Chase late Senator in Congress who would make a statement of his character for truth & that he is also a man of very good inteligence-
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War Department 
Pension Office 14 August 1833 
Sir
The papers in support of the claim of David Smith, have been again examined, and an herewith returned to you.  
We should apply to E. Bangs Esq Secy of State of Mass for evidence of service, as the Department is not entirely satisfied as to his claim.   
Respectfully, I am Your Servant 
J L Edwards 
Comr of Pensions
J. K. Parish Esq 
Randolph Vt
Page 38

Randolph Vt. Feb. 19th 1844 
Sir
Upon the receipt of your letter of Oct. 16, 43 I applied to the Comptroller of Conn and have obtained his certificate which I now forward to the Department and although it does not show the name of David Smith upon the rolls in his office I think the department can by no means suppose the service was not performed as the same was proved when Smith was placed upon the Pension List Being convinced of that fact.   I conclude a Pension will be granted to his widow. The proof of the marriage further than is forwarded the Department I do not know as can be obtained. The widow is now deceased.  
I am Sir ye obedt Sevt 
J. K. Parish . 
J. L. Edwards
Comr of Pensions
Should the Department require I will readily show by all the neighborhood that David Smith the pensioner for whom the application made for his widow Mrs. Mary Smith was well known as a man of undoubted veracity & strict integrity, and that there could be no doubt of any statement he would himself have made in relation to his revolutionary services.   
By what proof his claim was substantiated I do not now recollect. I think however that Mr. Smith went to the State of Conn to Canterbury or in that vicinity to obtain the evidence of his services.
J K Parish
Comr Pensions
Page 39

Randolph Vt. April 31st 1847 
Sir
Your letter of the 17th March is received and of further proof of the marriage prior to 1794 it is hoped will now be satisfactory from the testimony of the accompanying affidavits. My former letters I think informed the Department, there could be no record proof obtained, and I then as I supposed made that proof satisfactory as was stated in your letter of June 13. 1844.  Now you will have as positive proof as can be obtained so far as I now know, the widow is dead, but the testimony of Mr. Waite with whom Mr David Smith, his wife and oldest child lived in 1793 and near neighbors from there until 1840 & upon adjoining farms, corroborated by the testimony of Mr. Flint who was nearly as well acquainted with them as Husband wife as Mr. Waite except living in the same house with them 
I am Sir Your obt Servt 
J. K. Parish
J. L. Edwards Esqr 
Com of Pensions
Page 40

Randolph St. August 14th 1843 
Herewith is the application of Mrs. Sally Reed widow of Job Reed, of Mrs. Hannah Smith widow of Sylvester Smith, of Mrs. Mary Smith Widow of David Smith, of Mrs. Rebecca Herrick widow of Stephen Herrick and of Mrs. Mabel Kellogg formerly widow of Elijah Andrews for Pensions.   
There can be no doubt about the services of all but Andrews and in that case I think that part of the service performed in the company with Zadock Steele will be satisfactory upon turning to the Roll.   Mr. Steele used formerly to reside near me in Brookfield and I knew him well but he left and I think removed to Canada yet I believe he is an has been a pensioner under the act of 1832.  
In the case of Mrs Smith she did not like to testify as to the day of her marriage so also of Mrs Herrick yet in either case there can be no doubt that the marriage took place previous to 1794.  
Yr Obt Sevt 
J.K. Parish
Comr of Pensions
Page 41

Ho of Rep. Washington Feb. 7. 1850. 
Dear Sir    I send you the enclosed papers at the request of Mr J. G. A. Smith a [unreadable] of Mrs Mary Smith, for your consideration.  I understand the claim has been rejected on the grounds that Mrs Smith at her decease, had no children living. It is again presented for your consideration, as I understand upon the supposition, that when you decided to disallow the claim, you did not consider that she left grandchilden, who still survive.  I happen to be personally acquainted with the family of Mrs Smith, and at the request of Mr Smith I made a certificate of the fact, that Mrs Smith, when she died, left grand children.  
I have the honor to be Truly Your Obt Servant 
Wm Hebard 
Hon J.L. Edwards Com of Pensions
Page 42

Pension Office, June 13. 1844. 
Sir
The case of Mary Smith, widow of David Smith, has again been examined. The proof of marriage is sufficient, but unless the letter of the 16th of October last to you be complied with, nothing further can be done in the case. 
I am respectfully, Your Obt Sert 
J. L. Edwards 
J. K. Parrish, Esqr 
Randolph Vermont,
Page 43

Randolph Vt. Apl. 30th 1847 
Sir
Your letter of the 20th instant is in relation to the claim of Mary Smith, widow of David Smith for a pension, and the contents incline me respectfully to ask the Department to reconsider this case. Mrs. Smith, declaration and claim was presented while she was residing with her son Jabez Smith, and I was employed to attend to it and I supposed at the time, there was no doubt of the justness of her claim as her husband served as he had proved more than two years in the Rev. War though I was aware I would not obtain the word of the marriage after I had the proper care to search the town Clerks records in Royalton where they were married.   The Department required record proof of Mr. Smith service and I have been pursuing after that evidence, and believed I should at length be able to satisfy the requirement as I did the past winter and then expected a certificate would be forwarded but by some means it appears that the marriage was still unsatisfactory notwithstanding as long ago as June 1844 I had been informed that part was proved satisfactorily.  I however forwarded as good proof as the nature of the case permitted the testimony of Messrs. Waite & Flint & in the Department again to examine this case, and it will at once perceive the state of things which has delayed this claim but which was as just the day it first appeared in the Pension Office as when the last evidence was Recd.  Since the application made four years ago, the last surviving child of the applicant, deceased and then his estate, which at his death belonged to his children, as he had done before continued, to maintain and support the claimant, and through her sickness till her death and the expenses of the funeral & burial were paid in the same manner.  I was administrator both to the husband and Son of the
Page 44

of the claimant and was pursuing his claim in the lifetime of the son and widow and at their request and never for a moment believed but that my duties to them and the heirs, continued, & I have acted since the death of the son and his mother in as good faith as when they are both living - I surely cannot see in strict justice why this Pension should not be paid to the children of Jabez Smith, the son as properly as to have if alive the expense of supporting the sickness and funeral charges have lessened the Estate of the children of Jabez Smith to the amount of the cost of same.  
I was aware a Pension due at the death of a Pensioner was not to be considered as assets in the hands of an Admt [Administrator] to pay debts but was held for those to whom it belonged, so I supposed in this case the grandchildren would be the representatives of the son and the only persons to receive it, & it seems to me manifestly unjust to withhold it from them.   
The cost of preparing and perfecting this claim to the satisfaction of the Dept as well as the support of the widow in health & sickness with the funeral expenses are considerable, and it seems to me that unless the Departure feel strictly bound by the rigid requirement of the law, it will not ask to have the Govt make money out of the casualty of the death of the last child of the claimant, at so much sacrifice of the Estate of his children, but will grant the certificate, that the grand children may receive it.   
But in the event of a decision against what I above claim I beg to call attention to another view of the case and respectfully ask why a certificate shall not still be granted until the death of Jabez Smith the son, who until his death in Sept. 1843 was a surviving child of the claimant.   I do not myself preserve that the Good have justly any right to the pension due Mary Smith upon the day of her death, and I am not yet to believe it will pursue a course to retain it.   Respectfully J.K. Parish 
To the Commissioner of Pensions
Page 45

Canterbury July 28 1838 
Sir
I have made inquiry respecting David Smith, he was born in this town and lived here at the time of the war, has one sister living here at this time is known by many of the present inhabitants.  I have found two men pensioners that was with him. Benjamin Smith says that he was in service with him at New London and they went from there to Stratford Old Mills which service was under Col Wells and Mr Ebenezer Park was also in service with them at that time.  Mr. Parks says that Mr. D. Smith was at Cambridge but he was not with him there but knows of the service at that time Mr B Smith is an old man and verry much impared to mind, Mr Park is more firm and recollects days and dates verry minutely which is all the information that I can give you at this time.   
Yours, 
Samuel P Robinson 
Town Clerk of said Canterbury
Page 46

House of Representations 
July 6. 1848- 
Sir
Inclosed I, by request, send you an application in behalf of the administrator of Mary Smith & widow of David Smith a pension.  You have decided that if she had in children living, nothing could be allowed and I so informed the agent Hon. J. K. Parrish. Application is now made by her administrator and it is insisted that the department has allowed such cases.   
Respectfully Yours 
J. Collamer  
Col. J. L. Edwards 
Commissioner of Pensions
Page 47

Pension Office July 13th, 1848 
Sir
I have the honor to inform you that the papers transmitted by you in the case of Mary Smith dec’d widow of Daniel Smith have been received and filed.  The certificate of the Court of Probate of Randolph District, Vermont, shows that Mrs Smith died in 1843 and that she left no child. In that case the law does not authorize us to pay the arrears should there have been any due her at her death to her administrator.  
The secretary of war has decided that the Act of the 19th June, 1840, “Authorizing the payments to Administrators only in cases where there are children or a child, and then only to them as Trustees act as Executors or administrators for the purpose of being assets in their hands”.   
Mrs Smith claim has not been
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presented to this Office, but as she has no child living had she been entitled to a pension at her death it could not now be paid to her administrator.  
We know of no claim similar to this that has been allowed by the Department.
I have the honor to be  
Very respectfully your Obt Svt 
J L Edwards
Hon J. Collamer
House of Representatives
Page 49

Washington City Feb 26. 1843 
Dear Sir
Permit me to solicit your honorable attention to the inclosed letter of which I spoke to you at your office & enable me to return a satisfactory response.
Respectfully yours J. Collamer 
Hon. J. L. Edwards Commissioner of Pensions
Page 50

WAR DEPARTMENT. REVOLUTIONARY CLAIM. 
I certify that in conformity with the law of the United States of the 7th June 1832, David Smith of the State of Vermont. who was a Private during the war of  the Revolution is entitled to receive Eighty dollars and cents per annum, during his natural life time, 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 of the United States , this fourth day of October, one thousand eight hundred and thirty-three.
John Robb 
Secretary of War 
Examined and Countersigned. 
J L Edwards 
Commissioner of Pensions. 
1837 - 42
Canterbury Conn