Revolutionary War Pension and Bounty Land Warrant Application File R. 9788, for Lorentz Smith, [Blank]
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3-1776
SERVICE
NUMBER
French Army
Smith, Lorentz
R. 9788.
CONTENTS
b. in July 1756 at Strasburgh, Germany. 
in 1833 res. of Salem Twp. Columbianna Co. Ohio
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Lorentz Smith 25510
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State of Ohio
Columbiana County  SS. } On this first day of May 1833, personally appeared the undersigned Lorentz Smith a resident of Salem township in said Columbiana County , Ohio, aged seventy seven years July next, in open  Court before the  Court of Common Pleas in and for said County  now sitting , who being first 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 , 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That some  [time]  in the fall of the year 1775 he enlisted at Slatstadt in the Netherlands, near the river Rhine, into the service of the French in which service he continued , and afterwards  sailed with the  French soldiers under command of Count De Rochambeau  for America to enter into the service of the United States :  that he arrived on the tenth of July 1780 at New Port Rhode Island ; here he together with the other part of General Rochambeau's  force were in the service of the  Unites States, and lay during the ensuing winter at Newport, In the spring following they proceeded to Providence, Rhode Island where they stayed a short time : - then marched thro ' Hartford on the Connecticut  River, State of Connecticut  & afterwards to Trenton, New Jersey, and thence marched onto the head of Elk  where they  encamped overnight  thence went in small  vessels and afterwards went thro ' Baltimore  Md.  & lay  there a few days thro '  Annapolis  and on to  Yorktown Virginia having  passed thro ' Philadelphia Pa. -  arrived some time before the taking of Cornwallis at which he was present under
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command of General Rochambeau  under the  Duc d' Baum  ( or de Baum) as Colonel. Major  Depeneay ( spelled differently perhaps ) - Capt. Stock or Stuck, Lieut. Litzo , Ensign Hemper ( all Dutch and French names )  - After  the siege and taking of York, ( in which siege etc. he was wounded in 5 different places ) he with the rest of the French troops under Rochambeau  went into winter quarters at Williamsburg Virginia . A company of riflemen, to which he belonged & a company of Grenadiers being quartered in a house of William Gault - Sometime in the spring of 1832, ( he thinks in the month of May )  he and the other French  forces took up the line of march and marched back thro' Philadelphia, Pa. , New Jersey & to Providence Rhode Island where the said forces encamped for some time  & till sometime in the latter part of December 1832, the particular day not recollected, when having served six months more than the term for which he had entered the French service, and being  desirous of remaining in this country  , he was discharged and rec'd a discharge form his Col. Duc D' Debaum , which is since destroyed  when his house was burned in New York State - about 18 miles below Albany , that the services aforesaid he well knows amounted to two years & five months within the United States as aforesaid, that he has no documentary evidence  & that he knows of no person whose testimony he can procure who can testify to his service. He hereby relinquishes every  claim whatever to a pension or annuity  except the present : and declares
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that his name is not on the Pension Roll of the Agency of any State. He moreover states that there is no Clergyman resident in his neighborhood, & who knows what his character for truth is. Lorentz Smith ( his mark X )  Sworn and subscribed the day and year aforesaid  Coffin ( signed ) Clk                                                                          We, Jacob Bossart & Henry  Rummel and David Gaskill, residing in the immediate neighborhood of the above named Lorentz Smith, do hereby certify  that we are well acquainted with  the said Lorentz Smith and have been for about ten or 11 years last past, who has subscribed  sworn  to the above declaration ; that we believe him to be seventy seven years of age  against July next :  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. Jacob Bossart ( signed ) , Henry Rummel ( signed , David Gaskill ( signed ) . Sworn and subscribed the day and year aforesaid. Coffin ( signed ) Clk      And the said Court do hereby certify and 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 said Court further certify  that it appears to them  that David Gaskill, Jacob Bossart, & Henry  Rummel who have signed the preceding certificate, reside in the immediate neighborhood of the said Smith, are credible persons, and that their statement is entitled
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to credit. I  C. S. Coffin, Clerk of the Court of Common Pleas in and for said Columbiana County  in the State of Ohio, do hereby  certify   that the foregoing  contains the original proceedings of this Court  in the matter of the application of Lorentz Smith for a pension.  In testimony whereof I have hereunto set my hand and seal of office, this 1st of May 1833. Charles S Coffin  ( signed / sealed ) Clk          Interrogatories propounded to said applicant by said Court, and his answers thereto : 1. When  & in what  year were you born ?  A. In the  City of Strasburgh , Germany : in July 1756. 2. Have you any record of your age ? A. No : I got it from the Church book in Germany & since then recollected it. 3. Where were you living when called into service ; where have you lived since the  Revolutionary  War ; and where do you now live ?  A. When I entered the service I came across from my native Country  Germany , by way of Brest in France and entered the service at New Port , Rhode Island, since the Revolution I lived as follows,        and in the  following order, as to the time : first in New Brittain, Rhode Island about seven months
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next in Livingston's Manor . State of New York ,   about seven years - next lived at a place then called  Warren's Bush some time - thence went to  Rensselaer , in New York, and was there about ten years ; from thence to Pittsburg , Pa. where I stayed but a few days and came to  New Lisbon Ohio and stayed about 5 weeks and them moved to my present residence in  Salem township  Columbiana County , Ohio , where  I have  continued to reside about  eleven years. 4. How were you called into service? Were you drafted, did you volunteer, or were you a substitute ? & if a substitute for whom ? A. I enlisted in the French Army , and came to this Country , and served as stated in the declaration. 5. State the names of some of the regular officers who were with the troops when you served such continental and militia regiments as you can recollect and the general circumstances of your service. A.  As to this question see declaration for answer. 6. Did you ever receive a discharge from the service and if so by whom was it given  & what has become of it ? A. I rec'd a discharge from my  Col.  the Duc De Baum which was burned as stated in declaration. 7. State the names of some persons to whom you are known in your present neighborhood
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and who can testify to your character for veracity, and their belief of your services as a soldier of the Revolution.
Jacob Bossart, Henry Rummel, Lewis Altman, John Moore, Jonathon Timberly, Jonas Estrech.
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No 25310 Lorentz Smith Columbiana County  Ohio  Rejected  Chas. S. Coffin Clk Columbiana  County Ohio New Lisbon
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WAR DEPARTMENT, 
Pension Office, 
183 

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 show what is necessary to be done.  These 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 willl, by complying with this request, greatly facilitate the investigation of your claim.  

A Statement, shewing the Service of Lorentz Smith, Columbiana County, Ohio

[A table with columns labeled as follows]

Period when the service was rendered.
     Enlisted fall 1775
     Served 1780
     1832 [No data under any column for 1832]

Duration of Service.  [with three columns beneath] 
Years.     Months.    Days.
   [No data for 1775]
   -               6              -
                
Rank of the claimant.
   [No data for 1775]
   private

Names and rank of the Field Officers under 
   whom he served. 
   [No data for 1775]
     Majors Deperay, Capstock

 Age at present, and place of abode when he entered the service
     77 years
     Slet Stadt Netherlands
     New Port Rhode Island 

Proof by which the declaration is supported
     Traditionary evidence - papers correctly attached 

[Written across the bottom of the table]

The applicant States that he served two years & five months
At the Seige of York

I am, respectfully, 
Your obedient servant, 

J. L. EDWARDS
Commissioner of Pensions
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[A page of a book or pamphlet; breaks in text below added for clarity of transcription.]

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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 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.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of } ss.
County of                                }

On this [space] day of [space] personally appeared (a) before [space] A B. a resident (b) of [space] in the county of [space] and State, Territory or District of [space] aged (c) [space] 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) [space], with [space] and served in the [space] (e) regiment of the [space] 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. [A stylized hand pointing to the following] 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 [space]

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 [space] of the Court of [space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [space] day of [space] &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 [space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] 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 [space] and that C. D., who has also signed the same is a resident in the [space] and is a credible person, and that their statement is entitled to credit.

I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [space] day of [space] & 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
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[Breaks added for clarity of transcription]

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alleged service, as they are known at the Department. A very full account of the services of each person of his 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 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.  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 be
fore 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 [rest of line illegible due to crease in page] 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 below; brackets in the original]—

  [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 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; 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.
  [k] The Clerk must give his certificate in every case.
  [l] 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 not 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.  [Centered]

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. [Centered] 

  [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 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.

[A stylized hand pointing to the following] 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.
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9788 P.O. Lorentz Smith  REJECTED The printed list of 1852  gives cause of rejection , as : "A soldier of  the French Army "
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Act 7th June 1832
Rejected
See letter 27th June 1833.
To Charles S. Coffin Esq
New Lisbon
Columbianna Co. Ohio.
9788
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Charles S. Coffin 27 June 1832  R. Recorded vol 25 p 108
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War Depart.
 Pens. Office
27th June 1833
Sir
The evidence in support of
the claim of Lorentz Smith
has been examined. -
The act of 7th June 1832
under which he claims a
Pension does not make provision
for the service performed by him. The claim
is therefore rejected and the
papers are retained on the files
of this Office
Yours etc. 
J. L. E.
Charles S. Coffin Esq
New Lisbon
Columbiana Co. Ohio.