Revolutionary War Pension and Bounty Land Warrant Application File S. 6124, for Thomas Smith, Virginia
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(3--1776)
SERVICE NUMBER
Va. Smith, Thomas S 6124
Carded.
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CONTENTS
born in Chesterfield [illegible] Va always lived there up to 1832, then about [mark covering 71 and 72] 71 or 72 yrs old.
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2674-
Virginia
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Thomas Smith-
of Chesterfield in the state of Virginia who was a private in the company commanded by Captain Mackham of the Rgt commanded by Lit: Faulkner in the Virginia line for 6 months - from 1781 - 
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Inscribed on the Roll of Virginia at the rate of 20 - Dollars - Cents per annum to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 3d day of Decr. and [illegible] P. Poindexter, Chesterfield, Va [a underlined]
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Arrears to 4th of Sept 1832 30 - 
Semi=anl. allowance ending 4 Mar. 33 10. -
$40 - 
Revolutionary Claim, 
Act June 7, 1832 [enclosed in braces]
Recorded by Nathan Rice - Clerk 
Book 8 Vol. 7 - Page 127 - 

[next page]
Let. lo Pen as. t [t raised] April 16. 1835.
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8404
Thomas Smith
from 1781. private
6 months. 
$20. 
P Poindexter
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8404
BRIEF in the case of Thomas Smith
County of Chesterfield in the State of Virginia
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 72

4. State his service, as directed in the form annexed.

Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.
Years, Months, Day.s | As a |Gen.
In 1781      |  3  | Private | Cap. Bernard Markham
in full 1781|  3  |      "      | Col. R. Faulkner
again         |  not stated precisely| same officers - 

5. In what battles was he engaged? Petersburg

6. Where did he reside when he entered the service? Chesterfield Cty Va. 

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Witness as to the tour. + Traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

S. Maugh Examining Clerk.
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8404
Thomas Smith's
declaration
as a revolutionary soldier
1832 September 10.
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State of Virginia, Chesterfield county, Court,

On this tenth day of September anno Domini 1832 personally appeared in open court, before the county court of Chesterfield county now sitting, Thomas Smith a resident of Chesterfield county in the state of Virginia, aged about seventy one or two years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June 7th 1832.

That he entered the service of the united states under the following named officer, and served as herein stated; (?)  That he was called out by draft, in a company of Militia in Chesterfield county, commanded by Captain Bernard Markham, of which Stephen Pankey was Lieutenant, sometime in the year 1781; the regiment to which he was attached was commanded by Colo. Ralph Faulkner, an the troops generally were under the command of General Steuben ; that they were marched from Chesterfield county to the lower part of Virginia, they were at McKay's mill, Smithfield, Suffolk, (?)  point, and in the vicinity of the Dismal swamp, and after being marched about in that section of country a considerable time, came up to Petersburg and was in the battle of that place; after which he was marched to Tuckahoe, from thence to (Cumberland) old courthouse, and from thence to [illegible] below the City of Richmond where he was discharged after having served a tour of somewhat more than three months. ~

That sometime in the latter part of the summer, or the beginning of the fall of the same year 1781, he was again called out in the same company of militia, commanded by the same company officers above mentioned, for the purpose, as it was said when they were first called out, of going to the siege of Yorktown, but instead of going there, they were marched down on James river, and were kept in the vicinity of that river, to watch the movements of the enemy, and keep the slaves in check; he thinks they were kept in service at least three months, and believes that some short time after the surrender of the British army under Gen. Cornwallis, they were marched to Richmond and discharged;  he was in no battle or skirmish during this last tour: ~ That he was upon several other occasions, called out with the body of Militia from Chesterfield County, and server for short periods, say a week or a fortnight at a time: That he never received any written discharge
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He has no documentary evidence to prove his military service; but he thinks that Moses Ferguson who served with him in the first tour herein set forth, can and will testify to his services in that tour.

That he was born in Chesterfield County, and has resided there ever since, but does not know the year when he was born; he has no record of his  birth or his age; and does not know that any such record is in existence, or indeed was ever made. 

He hereby relinquishes every claim whatever to a pension or amenity except the [illegible], and declares that his name is not on the pension roll of the agency of [illegible] state.

Sworn to and subscribed the date above [obscured]

Thomas  [illegible] Smith
[illegible]

Virginia Chesterfield County, Town,
Moses Ferguson of the sate and county aforesaid personally appeared before the court aforesaid, now sitting, and being first duly sworn, deposed that he is and has long been acquainted with Thomas Smith who has sworn to and subscribed the foregoing declaration that he distinctly remembers he was in the same tour with him first mentioned in the above declaration, that he and said Smith belonged to the same regiment, and he verily believes that he served as set forth in said declaration a  tour of at least three months. 
Sworn to and subscribed the date above mentioned
 [illegible]
Moses X Ferguson
[illegible...mark? ]

We John Burton and Hudson Johnson residing in the county of Chesterfield and state of Virginia hereby comply that we are well acquainted with Thomas Smith, who has subscribed and sworn to the above declaration; That we believe him to be about seventy on or seventy two years of age, that he is reported and believed in the neighborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion. ~
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Sworn to and subscribed the day and year aforesaid.

John Burton
Hudson Johnson

And the said court do hereby declare their opinion after the investigation of the matter, and pulling 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 Moses Ferguson, John Burton and Hudson Johnson who have subscribed and sworn to the preceding certificates and residents in the county of Chesterfield and state of Virginia, and are credible persons, and that their statements are entitled to credit.

I Parke Poindexter clerk of the county court of Chesterfield county do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of application of Thomas Smith for a pension.

In testimony whereof I have hereunto set my hand and seal of office this eleventh day of September anno Domini one thousand eight hundred and thirty two, and in the 57th year of our Independence.

[signature] Parke Poindexter, Clerk
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Rev War [written sideways] 6124
INVALID.
File No. 6124
Thomas Smith
Pri Rev War
Act: June 7th "32
Index:--Vol. M, Page 346
[Arrangement of 1870.] [brackets in original]
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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 Smith which require further proof or explanation.

I. Does the declaration show where the applicant resides? ss

II. Did the declarant make the declaration in the county where he resides? ss

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for not doing so? ~

IV. Has the declarant mentioned the period or periods of the war when he served? ss

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? No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ss

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ss

VIII. Has the Court given their opinion? ss

IX. Has the Clerk given his certificate? ss

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? ss
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2

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?

No clergyman but two citizens.

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

No.

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?

Witness

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?

Yes

Has the official character and signature of the magistrate been certified by the proper officer under his seal of office.

[can't read]

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?

Yes as to one [can't read]

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?

5.7

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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

It is important in all cases to determine with precision the period for which the 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.

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 the 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.

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 improperly attached to the certificate.
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For the Secretary
of the War Department
Washington City
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Virginia, Chesterfield Cthouse 11th Sepr 1832

Sir:

Enclosed are the declarations of sundry Revolutionary soldiers. for pensions, under the late act of Congress:  It is wished by them, that any communication from the war department, in relation thereto, may be transmitted by mail to this place.

I have the honor to be,

Your most obt servt

P. Poindexter