Revolutionary War Pension and Bounty Land Warrant Application File S 3,928, for William Smith, Pennsylvania
Page 1

Penn
Smith, William
S3928
Carded
Page 2

Jonesboro Tennessee
23352
William Smith
of Washington in the State of Tennessee who was a private in the comp commanded by Captain --------of the regt commander by [ CC Sharp] in the Pennsylvania line for 1 year. 
Inscribed on the Roll of Jonesboro at the rate 40 dollars [no] cents per annum to commence on the 4th day of March 1831. 
Certificate of Pension issued the 28 day of Dec 1833 and Rev John Blair HR
Arrears to the 4th of Sept  100.00
Semi-ani. allowance ending [20] March 20.00
$120.00
Revolutionary Claim, 
Act June 7, 1832 
Recorded by Danl Boyd Clerk
Book E
Vol. 6 
Page 133
Page 3

Penn. Smith, William S3928
B. In Germany in 1746 or 5
Res at [illegible] [illegible], Pa
Washington [illegible] [illegible] 1833
Died Oct. 4, 1835
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(3-1776)
SERVICE
Penn. [Pennsylvania]
Smith, William
NUMBER
S3928
carded
CONTENTS
[illegible] in Germany on 1746 or 5
[illegible] Lancaster Co. Pa
Washington Co. [illegible] 1833
died Oct. 4, 1835
Page 5

militia man of the County of Lancaster for two [several] tours of three months was [words crossed out with multiple x] under Col Swope on [illegible] of said County and of Gl Lees command was marched to fort [Lee] in N York and continued in said fort the first time until the [illegible] of his service and  discharged immediately without returning home volunteered again the second time  was surprized and surrendered to the British and  he  with the company and [the whole men] in said fort taken to N York and imprisoned in a church until exchanged that after his return home  he again volunteered raised a company of men in Lancaster and marched them to the state of  Massachusetts, and was under [Gl Women] in the battle of [Bunkers hill] in 1775 in which engagement [Gl Women] was killed and he thinks [Gl Johifer] had the command, until Gl Washington arrived, and took command at [illegible] that he was at the [illegible] of the Hessians where he had his right arm broken near his shoulder so as to be unable to use it and was conveyed into the neighborhood of Philadelphia where he was attended for care.

That on his restoration to health he again returned to the army but was detained from joining the Army whilst the prisoners were [illegible] to [Albamarle] in Virginia for safe keeping, which had been taken at [illegible], In the  mean time be served a commission as Captain in the regular army of
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the Pennsylvania troops or line recruited men in Lancaster and reformed the Army under Washington in the year of 1777 at [illegible] Town before the Battle of Germantown and was in said engagement and [illegible] and retreated under said Washington to his encampment and was in Winter Quarters at Valley Forge when he was ordered to go on a recruiting service to McAllertass Town and where Washington set out for Newyork he returns to Mcallerters Town and continued to recruit until he raised men and joined Col Bayer at [illegible] before the time the Pennsylvania troops [illegible] at Morristown and was of the said troops who did Revolt on account of the want of food clothing and pay tho he cheerfully [illegible] many others when being provided for repaired to camps and was marched to Kings [illegible] near New York but when Washington returned to join in the attack of Cornwallis he [illegible] and left the Army being in the year 1781. That he continued in the Army from 1777-1781 with a very short interval between his militia servitude and that in the regular troops he served the whole service as a Captain in the regulars and volunteer militia man of the Penna militia being on or before state three served tours amounting to twelve months in that servitude
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and as a regular of the Penna line and Captain part of the time in the 6th Regiment and [illegible] thinks 7th tho the [illegible] upon him by his very advanced sage, has so affected his memory and recollection that he cannot speak with certainty as to Numbers and Dates, but served throughout the whole war except a short time he is confident  not one month between his [illegible] engagements and the time confined with his fractured arm as before set forth that he has never applied to the Dept of any State for a pension, but did apply to Mr. Blair now member of the Congress after the passage of the pension act of 1818 and gave him a full detail of his services and [illegible] said Blair who was there [illegible] practice of the Law to undertake for him, but from the fact of his being deprived of every evidence both written and oral of his actual service, Mr. Blair declared making out the claim, and declared [illegible] since abandoned the [illegible] of getting [illegible] until the passing of the act of June 1832. that he has before stated no [illegible] evidence of his age but believes from the best [illegible] and recent [illegible] that he is as [illegible] that he served years before this passage of the Act of 1818 had his house burned and all his [illegible] papers [illegible] and has lived in penury a want being aged and
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[illegible] that he is now so infirm as to be unable to travel to the Court to have perfected his claim that Michael Copp and Brooks H Bell - are persons known to him and he to them and by whom he can establish the reputation of his service and he expects he could provide the same by Mr. Blair also and William Gilleyland Esqr his neighbors. He hereby relinquishes every claim whatever to a pension except the present and declare, he is not in the roll of any state. He further states that there is no minister of the Gospel in his vicinity by whom he can establish expectation of his service. 
Sworn to and subscribed before me the [illegible] one of the Justices of the peace in and for the County of Washington. 
[illegible] Wm Gilleyland
Justice of the peace
Willliam Smith 
his Mark
x
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as a Captain & in that
same to & Subscribed before me this seventh day of
1
Test Wm Gilley and
Michal Co.
Justice of the peace
Brooksey H. Bell
●
day & date above
Sale of San
Warren County ⎬ I William
of the acting
the County aforesaid do certify that then
Greene in the
of the application of William Smith for
certify that the said applicant reside into

his witnesses to have &
---
Brooks H Bell
to
atten
line for
Mary
given in the
the
"
the from bodily age one
or so much impaired as to be left
account of his servitude that
to be so infirm as to be unable to hand
to Court. Given under my hand seal
Gillent
Garden of the for
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I certify that I drew the within declaration and
hope for William Smith who is a citizen of the
County of my person & is known to me to be so
aged and infirm as to be unable to attend Court
that the box were authorticated by William Gilley
land Esqr known to me to be a magistrate &
&
mission & the witnesses spectable
Dec 1832
Blair me
N.B. they are now filed in the form & manner
which they were authenticated and are
conceive not having been out of my possess
A Blair
son
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28.737
Wm. Smith
Pri.
Pennsylvania
fro... Private
IV. $40
Page 12

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 margins 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, showing the Service of William Smith.

Period when the service was Rendered. Duration of the claimant's services. 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.

Can only allow for twelve months as a private, unless he can prove that he was commissioned as a captain and that he served in that capacity as required in note j.

I am, respectfully, 
Your obedient servant,
J. L. Edwards, 
Commissioner of Pensions
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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, mucicians 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.
{typeset example of document with spaces to complete}
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 _____
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
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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 office: 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 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 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.
{footnotes}
(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 _____ year _____ 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 offer the 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 cuds 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 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.
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William Smith the applicant for pension gave me the History of his servitude in the Revolutionary war after the passage of the act of 1818. and desired me to draw up his declaration for Pension, but having no proof caused me to refuse - his account was then substantially the same as that contained on his present declaration, tho more clear, there having been in the lapse of time an evident decrease of mental vigour, His poverty, bodily afflictions and great need of pecuniary aid, (which can be but for a short time afforded him) induces me for him to wave the higher grade of pension as an officer & agree to accept that of a private at the rate of forty dollars per annum   John Blair.
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3928
INVALID.
RevWar
File No. 3928
William Smith
Per. Pennsylvania line
Act: June 7" '32
Index: -- Vol. A, Page 345
[Arrangement of 1870.]