Revolutionary War Pension and Bounty Land Warrant Application File S. 6123, for Thomas Smart, Pennsylvania
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Penn.   Smart, Thomas  S6123
carded
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4519
Virginia
Thomas Smart
of Frederick in the State of Va;
who was a pr: in the ----commanded
by Captain ----of the Regt commanded
by Col. Butler--in the Pena.
line for 2 years from 1776

Inscribed on the Roll of Virginia-
at the rate of 80-Dollars ---Cents per annum,
to commence on the 4th day of March, 1834.

Certificate of Pension issued the 25-day of Jan: 33. and sent to Lemuel Bent, Winchester, Va.--
Arrears to 4th of Sept 1832
Semi=ant. allowance ending 4 Mar: 33
120 plus 40 = $160.

{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nathan Rice-Clerk,
Book D  Vol. 7  Page 127



Let 18 March 1833 Pension Agent do. to Same & R. C. Nicholas 16 Oct. 1835

3rd A(illegible) April 5, 1855
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9966
Thomas Smart
declaration
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Declaration
In order to obtain the benefit of the Act of Congress of the 7th of June 1832.
State of Virginia
County of Frederick  ss.
 
On this 3rd day of September 1832 personally appeared before the County Court of Frederick, in the State of Virginia, Thomas Smart a resident of the County and State aforesaid, 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 7, 1832.  That he enlisted in the Army of the United States in the month of December 1776 with Captain Tutor, and served in the 4th Regiment of the Pennsylvania line, under the following named officers: Colo. William Butler commanded the Regiment; the Majors name was Church, he does not recollect the name of the other field officers; Capt Tutor commanded the company, but he does not recollect the names of the Subalterns-that he resided when he entered the service near Chadds Ford in the County of Chester and State of Pennsylvania.  He was in the battles of Brandywine and Stoney point- was wounded in the battle of Brandywine and received a furlough and went home and stayed the winter that the army lay at Valley forge- joined the army at Princetown in the Spring of the year 1778.  He marched about through the States of Pennsylvania and New Jersey-was at Wilmington in the State of Delaware, at Philadelphia, Egg harbour, Christeen, at Brandywine, Princetown, Stoney point, head of Elk, Newport in Maryland and at Newton, at which last place he was discharged in the Spring of 1781 in consequence of having his leg broken.  He hereby relinquishes every claim 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.
Sworn to and subscribed the day & year aforesaid in Open Court. T. A. Tidball C.C.
Thomas Smart -his mark
And
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And the said Court do hereby declare their opinion that the above named applicant was a Revolutionary soldier, and served as he states.

I Thomas Allen Tidball Clerk of the Court of Frederick County do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Thomas Smart for a pension.

In Testimony whereof I have hereunto set my hand and seal of office this 5th day of September in the year 1832.

T A Tidball
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State of Virginia}
Frederick County}

On this 20th day of December 1832 personally appeared before me a justice of the peace for the said County of Frederick Benjamin Harry of Winchester in the said County aged fifty eight years who being first sworn according to Law, doth on his oath depose and say that he was born in the County of Chester in Pennsylvania in the year 1774, about one mile from Chaddsford on Brandywine Creek that he well recollects Thomas Smart, who is an applicant for a pension from the United, from his first remembrance at least fifty years ago that the said Smart lived in the same neighborhood and worked at stone quarries that he always understood from the reports in the neighborhood where they lived that the said Smart had been a regular soldier in the army of the United States during the Revolutionary War, and of which this deponent never had a doubt.  Deponent well recollects that the said Smart when he first knew him wore a soldiers coat, with buttons on which was stamped the letters, USA.  That when deponent was a young man the said Smart removed from Chester County Pennsylvania, Virginia where he has resided about thirty four and that when he came to Frederick County he found Thomas Smart there, and has know him ever since.
Benjamin Harry
Sworn and subscribed before}
me the day and year above written}
M. Heiskell JP []

And I do certify that the above named Benjamin Harry is a person of credibilty.

M. Heiskell JP

I Thomas Allen Tidball Clerk of the Court of Frederick County certify that John Heiskell is a Magistrate as above and that the foregoing signature purporting to be his is genuine.  In testimony whereof I have hereunto affixed my seal of office and subscribed my name, this 25th day of December in the year 1832:
T. d, Tidball
Clerk of the Court of Frederick County.
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Rev War  6123
INVALID.
File No. 6123
Thomas Smart
Priv Rev. War

Act. June 7th /32.
Index:-Vol. Me, Page 345
[Arrangement of 1870.]
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ALBANY APR 2 NY

L. P. Waldo Esq
Com. of Pensions
Washington, DC
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Tho. Smart.

from 1776 private
3 year $80.

L B[]
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of   Thomas Mark    which require further proof or explanation.   
I.  Does the declaration show where the applicant resides? Yes  
II. Did the declarant make the declaration in the county where he resides?   Yes   
III. If the applicant did not make the declaration in the county where he resides, is there any reason as signed for his not doing so?    
IV. Has the declarant mentioned the period or periods of the war when he served? Yes    
V. Has he mentioned 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?   Yes             VI. Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes   
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of   June 7, 1832?  Yes           
VIII. Has the Court given their opinion.  Yes.         IX. Has the Clerk given his certificate?    Yes   
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
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1    
XI  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?    -       
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain ing it?          
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?       XIV  If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? And is the official character and signature of the magistrate certified by the proper officer under his seal of office?   #  not on Rolls             XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?        
XVI. Are the papers authenticated as the regulations direct?       Yes    
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?           
EXPLANATORY NOTES. QUERE V. 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 months and days, I served as a -; and for such service I claim a pension."
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3 
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. 
QUERE XIV. Proof of Service.      
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 claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which be 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. QUERE XVI.  Mode of authenticating papers.       
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being im- It is important in all cases to determine with precision the period for which the applicant served, properly attached to the certificate.
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Viginia
Frederick County ss

I John R. W. Dunbar a surgeon and phisician [physician] practicing in the town of Winchester in the County aforesaid do hereby certify that I have examined Thomas Smart and applicant for a pension from the United States, and who alledges [alleges] that he received two wounds, while in the service of the United States during the Revolutionary War one in the right leg by a musket ball, and the other in the back part of the shoulder by a bayonet and am of the opinion, that as well as I can judge from inspecting an injury after such a long period has passed, that the wound on the outer part of the leg has the appearance of a gunshot wound, and the one on the shoulder appears to have been made by a penetrating or cutting instrument and was most probably inflicted by a bayonet.
                       John RW Dunbar MD
Sworn to and subscribed the 20th day of December 1832, before me M. Heiskell JP

I certify that I am acquainted with Doctor John RW Dunbar the  phisician [physician] who has signed the above certificate and that he is refutable in his profession.
M. Heiskell, JP

I Thomas Allen Tidball Clerk of the Court of Frederick County certify that John Heiskell is a magistrate as above and that thee foregoing signature purporting to be said genuine.  In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 20th day of December in the year 1832
T.A. Tidball
Clerk of the Court of Frederick County
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Oct 7          
RICHMOND  VA  OCT 5
FREE         
J. L. Edwards Esq.        
Comr. of Pensions     
City of Washington                 
R C Nicholas           
Act 5 1831      
As  Oct 7  [unreadable]    
Finley
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Richmond Oct. 5th 1835
Sir
 I have been requested by Mr. Robinson the officer in the Va. Branch who attends to the payment of the U.S. pensions to write to you, in relation to two persons presented by me as Atty.  The first is that of Thos. Smart of Frederick County, a pensioner under the Act of June 1832, stated in the copy of his certificate, to be a private entitled to eighty dollars per annum: whereas in the list forwarded from your office he is mentioned as a sergeant entitled to only forty dollars per annum.

The other is that of Robt. Finley of same County a private entitled to $33.33 cts per annum, but his name on your list is Roebuck.  I would be glad if you would inform me as soon as convenient what is the true situation of these pensions.

I am very respy. your obt sert.
Robert C. Nicholas.

To. JL Edwards Esq.
Comm. of Pensions.  

29,919
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J. L. Edwards Esq
Pension Office

L. Bents case
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Winchester Dec 20. 1832

Sir,

I transmit to you again the declaration of Thomas Smart and along with it the affidavit of Mr. Benj. Harry and Doctor Dunbar.
I thought the evidence of Doctor Dunbar would serve to corroborate the statement made by Mr. Smart that he was wounded.  I hope and trust the evidence will be sufficient.

I have not been in the habit of pressing a decision in the cases, that I have sent, but in this care of Mr. Smart, as the old man is extremely poor and suffering from want, and as I am perfectly satisfied from every circumstance that I know of him, that his claim is just, I shall be very much gratified if you will decide upon it soon, and inform me of the result.

I am, Sir, respectfully and Sincerely yours
Lem Bent

J.L. Edwards Esq.
Mr. Harry has been absent from town, or his evidence would have been sooner taken.  Smart knows of no other person who knew him in Pennsylvania that resides in that part of the country and he is too poor to go there.