Revolutionary War Pension and Bounty Land Warrant Application File S. 7554, for John Smithwick, North Carolina
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(3-1776)                                           NUMBER

(On dotted lines)
N.C.    Smithwick, John                 S. 7554

(dotted line)
(on double lines, right justified) carded
CONTENTS

(2 columns of 15 rows of dotted lines with a empty column between)
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7195
North Carolina
John Smithwick Snr [senior].
Martin Co in the State of No. Carolina
who was a pr of law; in the Company commanded
by Captain Smithwick of the Regt. commanded
[illegible] in the [illegible]
for 7 mo

Inscribed on the Roll of North Carolina
at the rate of 29 Dollars 16 Cents per annum
to commence on the 4th day of March, 1831

Certificate of Pension issued the 13 day of March
1833 and sent to
E. L. Smithwich, Williamston NC
Arrears to the 4th of March 1833 $58.32
Semi-anl. allowance ending 4 Sept 1833 $14.58
[Total] $72.90

Revolutionary Claim
Act June 7, 1832
Recorded by W. L. Williams Clerk
Book E Vol. 6 Page 55
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No 17657
John Smithwick Sen [senior]
Martin County
N. Carolina

from 17 - private
of Cavaly 7 units
$29.16

E J. Smithwick
Williamston Martin County
North Carolina
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BRIEF in the case of John Smithwick senor [senior]
of Martin County in the State of North Carolina
(Act 7th June, 1822.
1. Was the declaration made before a Court or a Judge? a Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 74
4. State his service, as directed in the form annexed.
Enlisted In 17 Duration of Service 7 months  As a Private Cavalry 
Names of General and Field Officers
under whom he served.
Gen.
Capt Smithwick
5. In what battles was he engaged? Guilford Court House
6. Where did he reside when he entered the service?
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls?   living witness & traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect Correct

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

Dyer Castor Examining Clerk.
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The affidavit of John Smithwick Snr [senior] a Revolutionary
Soldier to the Court of Pleas & Quarter Sessions
Oct Term 1832
State of North Carolina Martin County 
This affiant came into open Court and
deposed to the following declaration

That he is a soldier of the revolution, that
he is seventy four years of age that he com
menced [commenced] his service as an enlisted light horse-
man under the command of Captain
Smithwick who was captain of the Light horse-
men of the County aforsd at that him, that
he enlisted in sd. [said] company for twelve months
that during sd [said] Twelve months he was called out
by our Capt Micajah Little a recruiting
officer to go to the Western part of this State
to quell and put down aparty known
in those days by the name of Tories in this
service he continued for seven weeks
that on his return home he met the second
Division of Militia of the County aforsd.
to which belonged at Col Hills in sd. [said] County
on their march to Guilford Court house, that
he joined the Regiment did the com-
mand of Col Hill who was at that time Col.
commandant of the Militia of sd. [said] County
that he marched as a soldier of sd. [said] Regiment
to Guilford Court house, that he was in
the Battle at Guilford that he fought in
the Regiment commanded by Genl Butler
that from the Battle of Guilford, the Regiment
was ordered to rendevous at the Iron works
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on Big Haw River from there they marched
to Ramsay's Mill on Deep River which had 
been taken by the English on their retreat from
the Battle of Guilford, but which which was
forsaken by them at the approach of our
army from there he marched to Camden
S.C. and at the time the Battle was fought
between Gen'l Green and Lord Cornwallis
that he was stationed off two miles from
the Battle Ground, as one of the Guard
of the baggage. that from the Battle of
Camden Genl Green Marched his
army back to Ramsays Mill on Deep
River aforsd that on the returns of the army
to sd [said] Mill he Received a regular discharge
from under the hand of one Major
Sharp but that he has since lost or
so mislaid that he can not find it be side
he never expected that it would be of any
use to him except to show that he acted as
a faithful & honest soldier which he hoped
was sufficiently known - he further declares that 
the term which he served in sd. [said] tour was five
months and nine days that as light horsman
he held himself in readiness for service for some
months, that he was in actual service as 
a light horseman for seven weeks to suppress
the Tories afsd. making in all actual service
of seven months. that he has not received
any pension from this or any other State &
that he hereby assigns all claim to any other
pension than the one hereby claimed John Smithwick
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Thos. [Thomas] Price came into open Court and deposed
to the following affidavit
That he has been acquainted with John Smithwick
for more than fifty years, that he believes him
to be of seventy four years of age as he has stated
in his declaration, that he served with him at
the battle of Guilford, and that from sd [said] battle
that he went on with the army to Camden
S. Carolina as he has stated in his sd [said] Declaration
that he believes that the sd. [said] Jno. Smithwick served
faithfully and honestly how he has stated in
his declaration afsd [aforesaid] that it has always been
so understood and reported in the County
where he resides. This affiant further states
that from his acquaintance with sd. [said] Jno.
Smithwick he has the most entire confidence
in his veracy and what he has stated in his
declaration he believes to be honestly true. - Thos Price

Joseph Biggs a Clergiman came into Court &
makes the following affidavit that for more than
sixty years he has been personally acquainted with Jno Smithwick that he believes him to be
of the age he states that he is in his declaration
that it has always been understood and
reported in the County that he was a solder
at the revolution, and that from his acquain-
tance with and the good character which
the sd. [said] Jno Smithwick has always supported, that
he believes what he has stated in his aforesd declara-
tion to be honest and true Jos. Biggs Senr

The Court of Pleas & Quarter Sessions, present on the Bench Laurence [Lawrence]
Cherry Chairman Joel Smithwick J.P. and Noah Reddick
concurred in the affidavits above given and ordered
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The Clerk to certify accordingly
State of N Carolina ⎬ SS
Martin County
I Thos W Watts Clerk of the Court of Pleas and Quarter Session's do
hereby certify that the within declaration of John Smithwick Jnr [junior]
and the [illegible] certificates were proven in open Court and
the Court concurs in their belief of the truth of said Declaration
and ordered the same to be certified by Clerk of sd [ said] Court
in testimony whereof I have hereunto set my hand and affixed
the seal of sd [said] Court
Thomas W. Watts
Clerk

The declaration of
Jno Smithwick
a solidier of the
Revolution
67637
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Rev War
7554
INVALID.

File No. 7534
John Smithwich Jr
Priv Rev War [Private Revolutionary War]

Act June 7th 1832
Index:- Vol. 13, Page 347
[Arrangement of 1870.]
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negtive, in red ink, will apply to the claim of
John Smithwick Senr which require
further proof or explanation.

1. Does the declaration show where the applicant resides? No

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

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? No

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

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 amout of pension
he is entitled?

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

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

VIII. Has the Court given their opinion?

IX. Has the Clerk given his certificate?

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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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?

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

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?

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered?
1.2.3.

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 recolelection
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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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 a declaration is highly objection
able. 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.
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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Williamston NC
5th Nov

Paid [illegible]

James L Edwards Esquire
Washington City
Columbia Distict

[illegilble]
N.C.
17657
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Williamson Martin Co N.C. Oct 26th 1832-
Mr. James L. Edwards

Dear Sir
Inclosed I have sent you the declaration of
John Smithwick Senr [senior] a soldier of the Revolution
together with the affidavits of
Thomas Price an old and respectable citizen
of the County of Martin reputed likewise to be
a soldier of the revolution. Also the affidavit
of Mr. Jos. Biggs a Clergiman of high-
standing among his Brethren the Baptists
distinguished for his holy & close walk with his
Church and his intendevotion to Religion &
party. [illegible] think is the concurrence
of the Court in the belief of the truth of the
sd. [said] declaration & affidavits and direct
to the clerk to certify the same-- The follow
the certificate of the Clerk his signature &
Seal. The first seal was not put on as well as
I wished it to be, being done in the hurry and bu. with
of Court so I have got the clerk to affix
another which I hope is sufficent. When you
reach this in your examination, if you find that
it is not sufficient to entitle the claimant to his
pension you will please inform me what is
lacks. I am confident did
you know the men whose testimony is concerned in
his declaration, that it would made no further con-
firmation nor an I [illegible] of that doubt and scrutiny
which are necessary to the faithful discharge of your
office. [illegible] all.  When you have said upon
the declaration
Yours &c.
E. S. Smithwick
for John Smithwick Senr