Revolutionary War Pension and Bounty Land Warrant Application File S. 31377, for James Smith, Virginia
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Va.  Smith, James   S31377
In 1833 of Layette Co.Ky aged 85 yrs.
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13,544
Kentucky
James Smith
of Fayette Co in the State of Kentucky
who was a private in the company commanded by Captain Minor of the Regt. commanded by Col Taylor in the Va line for 2 years
Inscribed on the Roll of Kentucky
at the rate of 80 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of May
1833 and sent to H
Ashbury Lexington
Arrears to the 4th of March 160.00
Semi-anl. allowance ending 4 Sept 40.00
$200.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Daniel Boyd, Clerk,
Book E. Vol. 7 Page 27
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23635.
James Smith
Fayette Co
Kentucky.
Va Roll
on Roll
from 1780 private
2 yrs,
$160

H. Asbury Esq
Lexington, Fayette Co
Kentucky.
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WAR DEPARTMENT,
Pension Office,
196

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 complying with this request, greatly facilitate the investigation of your claim.
_________________________________________________
A Statement, shewing the Service of James Smith, Fayette Co Kentucky.
_________________________________________________
Period when the service was rendered.

Duration of the claimant's service
Years. | Months. | Days.
1780-81 and not stated {But continued to the close of the war

Rank of the claimant. | Prv

Names and rank of the Field officers under whom he served.  
Gen Spotswood.
Col. Taylor.
Cap T. Minor

Age at present, and place of abode when he entered the service. | 85 years

Proof by which the declaration is supported.
Traditionary with [illegible]

I am, respectfully
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pension.
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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 and 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 private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, [musicians] or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is considered a Cour
t of Record.
DECLARATION,
In order to obtain the befit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of}
County of} ss.
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 [blank]
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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.  
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has 
subscribed and sworn to the above declaration; that we believe him to be [blank] 
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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power.  This is the orginal 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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will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, 
did you volunteer, or were you a substitute?  And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such 
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in 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 s 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 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 precure, 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 the Court upon the whole matter.
________________________________________
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James Smith
23635
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State of Kentucky Fayette County Sct
On this 14th day of January 1833 personally appeared in Open Court for said County James Smith a resident in said County, aged Eighty five years who being first duly sworn according to law doth upon his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed June the 7th 1832  that he enlisted in the Army of the United States in the year 1780 or 1781 for during the war in the Company commanded by Capt. Thomas Minor and in Col. Taylor's Regiment and also under Genl. Alexr. Spotswood of the Virginia Continental line, as the Applicant is very old and frail and his recollection much impaired he is not certain as to the year he entered the service nor does he recollect the number of the Regiment.  And that he continued to service in said service until the close of the war and was honorably
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and from the passage of time he has lost his discharge discharged in Caroline County Virginia by his Capt. Thomas Minor;  and that is not on the Pension roll, nor is he receiving a Pension of any kind from the United States, and he hereby relinquishes every claim whatever to a Pension or an annuity except the present.
James Smith

Sworn to and subscribed the year & day aforesaid and the Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier and served as he states
James E. Davis
Presiding Justice of the Fayette County Court

Commonwealth of Kentucky  Fayette County to wit
I James C. Rodes Clerk of the Court of the County of Fayette do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Smith for a pension
In Testimony whereof I have hereunto set my hand and affixed my seal of office this 15th day of Jany 1833 and of the Commonwealth the 41st year
Att  J.C. Rodes Clk. F.C.C.
[SEAL]
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31377
Revy Invalid.

File No. 31,377
James Smith
Pri  Rev War

Act June 7th 32
Index:-Vol. 2, page 381
Arrangement of 1870

1912 Feb 27 History to Miss Rose Dudley. c
1922 Oct 13 History to Frances B. Culvers A.W.F.
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Recd. 9 Dec 1830
State of Kentucky Fayette County Sct.
This day personally appeared before me the Justice of the peace for the State & County afsd. authorised by law to administer oaths, the undersigned Isaac Farrell, who being first duly sworn saith - That he is well acquainted with James Smith Senr. of Fayette County who is at present making application for a pension for revolutionary services & has in answer from the War Dept. now in his possession - That in the year 1781 they both enlisted in the same Regiment commanded by Col. Jno. Taylor of the Virginia line.  That they enlisted to serve during the War and did accordingly serve during the war & we were honorably discharged.  & I am now drawing a pension for my services
Isaac Farrell
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Fayette County, Ky. Sct
This day Isaac Farrell the within affiant made oath to the statement of facts herein before the undersigned a Justice of the peace for sd. County & State
Witness my hand & seal this 16th day of Nov 1830
Francis Moore JP  FC

Commonwealth of Kentucky Fayette to wit:
I James C. Rodes Clerk of the County Court for the County aforesaid, do certify that Frances Moore, whose name is signed to the foregoing certificate of the affidavit of Isaac Farrell (and before whom the same seems to have been made) is now and was at its date, an acting Justice of the peace in and for the County aforesaid duly commissioned and sworn agreeably to Law and as such full faith and credit should be given to all his official acts
In Testimony whereof I have hereunto set my hand and affixed my seal of office this 15th dayof Jany 1833 and of the Commonwealth the 41st year
att  J.C. Rodes Clk. F.C.O.
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[STAMP]
Lexington KY.
Jan 21

Free

Hon Lewis Cass
Secy of War
Washington City

Jany 31.
Ky.
23635

[illegible]
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Lexington 18th Jan1833
Sir
I herewith send you the application of Mr James Smith for a Pension under the Act of Congress of last June, you will please to have a decision in his case as early as practicable,
Resp. your Obt Svt
Henry Asbury

Hon L. Cass
Sec. of War
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The Pension Bureau.         Feb. 17, 1912
Washington , D.C.
                                         [S. 31377]
Dear Sirs :
 James Smith, who served either as an ensign or private soldier in the Revolutionary War, received a pension until his death. He was born in Virginia, and died in Fayette Co. Kentucky.
Can you tell me from the Pension Bureau records what regiment he served in and who were the officers in the regiment. If you can not tell me, I will be obliged
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if you will suggest to whom I might write to get this information.
There is a tradition that Edward Darnaby (my great, great grand-father) was an officer
(supposedly Captain) in the Continental war and killed in the war, and that the above mentioned James Smith, an ensign under him carried the news of his death to Captain Darnaby's widow. 
We know that James Smith received a pension and that he married Edward Darnaby's widow but
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we have been unable to find out anything more concerning Edward Darnaby and thought by this means we might get some in formation.
I will be very much obliged to you if you can give me some in formation.

(Miss) Rose Dudley
408 Jackson St.
Georgetown, Kentucky.
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[handwritten notation]
AR. Feb. 23. 1912

[STAMPED]
U.S. PENSION OFFICE.
D
FEB
19
1912
Page 19

Maryland Society
ORGANIZED APRIL 20, 1889

President
HERBERT BAKER FLOWERS
1806 CONTINENTAL BUILDING

Registrar
FRANCISBARNUM CULVER
2203 N. CHARLES STREET

The Commissioner of Pensions
Washington, D.C.
Dear Sir:
Please supply the Revolutionary War record of James Smith, private in the Virginia Line, pensioned in 1833, while living in Fayette County, Ky.

Yours truly,

Francis B. Culver
[stamped]
U.S.
PENSION OFFICE
C SEP 18 1922
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In reply to your request of [blank], received [blank] for a statement of the military history of James Smith a soldier of the REVOLUTIONARY WAR,  you will find below the desired information as contained in his application for pension on file in this Bureau.
S. File 31,377.
_________________________________________
DATES OF ENLISTMENT OR APPOINTMENT.1781[to end of war]

LENGTH OF SERVICE. [1781] to end of war

RANK.  [blank]

OFFICERS UNDR WHOM SERVIE WAS RENDERED.
CAPTAIN. | Thoms Minor

COLONEL. |Jno. Taylor

STATE. | Va.
_______________________________________
Battles engaged in, none stated
Residence of soldier at enlistment, not stated
Date of application for pension, Jany 14, 1833. This cl. was al
Residence at dat4e of application, Fayette Co. Ky.
Remarks:  there is no data as to family on file

Very respectfully,