Revolutionary War Pension and Bounty Land Warrant Application File S. 21986, for Austin Smith, North Carolina
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[printed form, handwritten responses]
(3-1776) SERVICE	NUMBER
N.C. 	Smith, Austin		S. 2196
CONTENTS
b. Mar. 4,1763 in Chathaw Co N.C.
res at enl Guilford Co. N. C. 
res in 1833. Abbeville District, S. C.
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16.412
South Carolina
Austin Smith
of Abbeville in the State of So. Ca.
who was a Pri: in the [blank] commande
by Captain [blank] of the Regt commanded by Col. Martin in the So Ca
line for 8 months
Inscribed in the Roll of South Carolina at the rate of 28 Dollars 88 Cents per annum,
to commence on the 4th day of March, 1831
Certificate of Pension issued the 7 day of Augt.
and sent James Wardlow
Abbeville CH SoCa
---
Arrears to the 4th of March 33 		57.76
Semi-anl. allowance ending 4 Sept-		14.44
						$72.20

{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nath: Rice - Clerk
Book E Vol. 6 Page 80
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[handwritten]
17736
Austin Smith Abbeville D S.C.
admit as [illegible] 843 months $28.88
13. Jul 1.2.6.7
P. 347
James Wardlaw Clk Abbeville C.H. S.C.
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[printed form, handwritten responses]
BRIEF in the case of Austin Smith
of Abbeville district in the State of South Carolina
(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? [blank]
3. How old is he? 69
State his service, as directed in the form annexed.
[column headings: Period. | Duration of Service. | Years, Months, Days.| Rank. As a | Name of General and Field Officers under whom he served.]
Drafted In 1780 | [blank] 3 [blank] | [blank] | Gen. Cornwallis, Col. Bluford
substitute for James Brown | [blank] | 3 | [blank] | [blank] | Capt. [illegible] Col. Howes
1780
Volunteer 1781 | 2 | 20 | [blank] | Capt Arthur Forbes, Col. Paisley
8 | 20 | Col. James Martin, [illegible]
5. In what battles was he engaged? Monks corner
6. Where did he reside when he entered the service? Guilford county N. C.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect? Court
I certify that the foregoing statement and the answers agree with the events in the case above mentioned.
Bradford
Examining Clerk.
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[handwritten]
Austin Smith 17736
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[handwritten]
State of South Carolina Abbeville District } SS
on this 24th day of October 1832 personally appeared in open court before Richard Gautt -Judge of the Court of Common pleas now sitting for the District of Abbeville Austin Smith, a resident of said District of Abbeville and State aforesaid, aged sixty nine 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 act of Congress passed June 7, 1832.
that he entered the service of the United States under the following named officers & served as therein stated that he was drafted for a three months tour & Joined his company at Guilford Courthouse the company commanded by Captin William Bethel, Richard Vernon Lieutenant, Robert Nelson Esq that he entered the service about the first of March 1780 and left the same about the 15th June 1780 that he resided in Gilford County North Carolina when he entered the service that he was drafted into the service at the time, that they rendevoued at Guilford Courthouse & set out for Charleston South Carolina that they passed throug Saulsbury, and from them to Camden in South Carolina where they crossed the waterse River from there they were
McCords ferry on the Congaree River there pased the Eutaw Springs to Monks corner where the
Joined Colonel Washingtons horse command with a remnent of Court Polaski Troop, that the next morning after they had Joined Colonel Washington they were surprised by Colonel Tarton with the British dragoons & compleatly routed that the afterward collected & marched to Nelsons ferry on the Santee where we lay untile General Caswell Brigade of North Carolina Militia, we were joined about that time by a Regiment of Virginia Continentals Commanded by a
Colonel Bluford and a Colonel Hawes, that he was attached to General Caswell command and marched down the River to Duprees ferry where we lay and Colonel Bluford at Lenoirs ferry above acting as a guard on the ferry, where we staid untill five heard that the British had
taken Charleston, when we broke up our camp and marched to Camden when we parted with Colonel Bluford & his command they took the road for Charlotte in North
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[handwritten]
Carolina & General Caswell took the road for Haileys farry on Peedee when we crossed the River and went to cross Creek in North Carolina where we remained untill our
time of service expired.
that he again entered the service as a substitute in the place of one James Brown about the twentieth of August 1780, for a three months tour of Militia service that they randevoud
at Guilford Courthouse, under the command of Captain Arthur Forbus Robert Moore was the Lieutent of the Company: Colonel John Paseley Commanded the Regement that he set out & march for Sandsbury then toward Charlotte near which place they learnt that the British were advancing in great force, that they then fell back & crossed the Yadkin River and there remained till General Smallwood and General Morgan with the Maryland light infantry under Colonel Williams & Howard & Colonel Washington with his troop of light dragoons & also a brigade of North Carolina Militia under General Jones came on & joined them when the recrossed the Yadkin & marched through Sandsbury and to a place in Mecklinburg County called providence
when we built tents cleared out a prade ground and continued to train the Militia until our term of service expired, which was about the first of Dember 1780. that he again entered the service as a drafted Militia man about the last of August 1781 that he entered on this[illegible] under a Leintit peoples under the command of Colonel James Martain, they rendesvound at Guilford court house and marched into Randolph County to keep in check a David Fanning who commanded the tories in that part, when they were joined by the Surry Militia under
Captain Humpheris, that the went to Rockfish Bridge when the Joined General Rutherford Brigade of North Carolina Militia and General Butler with his command, that they continued to range the conting taking up tories and intercepting the British at & near Wilmington while here
we were joined by a few old North Carolina Regulars under a Major Hogg that he continued in the service untill about the midle of November 1781 when he was discharged and march home
that he hereby relinquish every claim to whatsoever to a
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[handwritten]
pention or anuity except the present and declares that his name is not on the pention Roll of the agency of any State Sworn to and subscribed the day & year aforesaid
In Open Court
[illegible] Jas Wardlow Clk.			Austin Smith

We James Moore a clergyman residing in Abbeville District and John Osborn residing in the same do hereby certify that we are well acquainted with Austin Smith who has subscribed and sworn to the above declaration, that we believe him to be sixty nine years of age, that he is reputed and believed in the neighborhood where he lives, to have
been a soldier of the Revolution and that we concur in that opinion
Sworn and subscribed the day and year aforsaid
J. Wardlaw Clk.
Jas Moore
John Osborne
and the said Court do hereby declare their opinion after the investigation of the matter and after putting the interogatores purposed by the war department that the above named applicant was a revolutionary soldier and served as he states, and the court further certificy that it appears to him that James Moore who has signed the proceeding certificate is a clergyman resident in the District of Abbeville and that John Osborn who has also signed the same is a resident in the District of Abbeville and is a credible person, and that their statement is entitled to credit
Richard Gault [illegible]

I James Wardlaw Clerk of the Court of Common pleas do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application Austin Smith for a pention in testimony whereof I have hereunto set my hand and seal of Office this twenty fourth day of October 1832
Jas Wardlaw Clk.
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[handwritten]
5th State the names of some of the regular office, who were the troops when you served, such continental and Militia Regiments as you can recolect, and the general circumstances of your service
ans. I was acquainted with a Colonel Bluford and Colonel Haws who were officer commanding a Varginia Regent who were in service with the troops where I served & from whom we had been but one day seprated when there command was distroyed at a place called the Hanging Rock above Camden. I also knew Colonel Washington & Colonel White who (I think) commanded the first & third Regiment of continental cavalry, I served in the third Regiment of North Carolina Militia commanded by Colonel James Brannon for the general circumstance of my service I wold refer to my declaration
Question 6th
did you ever receive a discharge from this service, and if so by whom was it given, and what has
become of it
Ans - I did received a discharge from General David son signed by himself and Captain Arther
Forbus as Simon Captain of the rent it is lost as I never expected it wold be of any use I therefore
sufferd it to be misplaced and cannot now find it I also got a discharge signed by General Rutherford Col James Martin as Colonel of the Regent and Abraham Philips for the 3rd town I only got a certificate of my Sevice signed by William Bethel the captain with
whom I served
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I also got a discharge signed by General Rutherford Col James Martain as Colonel of the Regent and Abraham Philips for the 3rd tour only got a certificate of
my seven signed by William Bethel the captain with whom I served
Question 7. State the name of Persons to whom you are known in your present neighborhood, and who can testify as to your charter for veracity and he belief as to your service as a soldier of the Revolutionary war
ans. I am acquanted with the Revrt James Moore John Orsburn Joseph Black Esqr James A. Black Esqr James Wardlow Esqr. Col. Patrick Noble and Mary others who cold and wold chearfully testify as to their belief as to my service and also as to my varanty he further saith on his oath that he knows of no person now living that Cold testify as to his service as a Soldier of the Revolution
Sworn to and subscribed this day year with writen before me
James A. Black }  Austin Smith
The State of South Carolina Abbeville District} I Robert H. Wardlaw Deputy Clerk of the Courts General Sessions & Common pleas for Abbeville District do hereby certify that James A. Black
before whom the foregoing amended Declaration was made and who was attested the same to an acting Justice of the Quorum in and for said District that all due faith and credit are to given to his attestations as such and that the above is the genuine signature of the said James A. Black
Given under my hand and seal of Office at Abbeville Court House this first day of
July in the year of our Lord one thousand Eight hundred and thirty three
Robt Wardlaw Deputy Clk
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[handwritten]
South Carolina Abbeville District} SS
be it known that on this 10th day of June 1833 before me James A Black a Justice
of Quorum in and for the District aforesaid personally appeared Austin Smith who is an applicant for a pention under the act of the 7th June 1832 and made the following answer to the seven interrogatories prescribed by the war department
1st when and in what year were you born &
Ans. I was born in Chatham County North Carolina on the 4th day of March 1765
2nd  have you any record of your age if so where is it
Ans. I have no record of my other then an entry made in my own Bible which I coppied from my
fathers family Bible
3rd when were you living when called into service where have you lived since the Revolutionary war and where do you now live
Answer I was living in Guilford County North Carolina near haw River, from whence I removed in 1785 to Abbeville District South Carolina where I now live
4th How were you called into service were you drafted did you volenteer, or were you a substitute, and if a substitute for whom
AnsI served two tours as a drafted Militiaman
and one as a substitute in the place of James Brown
turn over.
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[handwritten]
will the Secretary of war be good enough to direct his answer to this application to Austin Smith
Temple of Health South Carolina Care of James A Black Esqr
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[handwritten] Austin Smith
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[printed form, handwritten responses]
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Austin Smith of Abbeville district 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 assigned for his not doing so? [blank]
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? yes
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[printed form, handwritten responses]
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? yes
XIII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [blank]
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? No
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct? [blank]
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? [blank]
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?
1.2.6.7.
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 [blank] year [blank] months, and [blank] days, I served as a [blank] For [blank] months and [blank] days, I served as a [blank] 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 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 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 declaration is highly objectionable. It must in every case be clearly shewn 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.
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 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 authenticates 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 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. [manicule] In every case where the clerk of the court, or other certifying officer, 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.
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[printed form, handwritten responses]
Revolution 21986
INVALID.
File No. 21,986
Austin Smith
Pri Rev War
Act: June 7' 32'
Index:- Vol. 2, Page 379
[Arrangement of 1870.]