Revolutionary War Pension and Bounty Land Warrant Application File R. 9700, for Caleb Smith, Pennsylvania
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SERVICE   Penn. Sea Service
Smith, Caleb
NUMBER  R.9700
Wayne’s Indian War 1794 & on the Western Frontier until 1812
CONTENTS:  
b. [born] in Chester Co. Pa Mar. 1760 there at enl [enlistment] 
In 1832 res. of Jefferson Co. Ohio
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41.962
Caleb Smith
Jefferson County
Ohio
Return for Proof of Service
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BRIEF in the case of   Caleb Smith  of Jefferson Cty in the State of Ohio  
(Act 7th June, 1832.)   
1. Was the declaration made before a Court or a Judge?  before a Judge
2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity? it does 
3. How old is he? 72 
4. State his service, as directed in the form annexed.  
OOL
Period.  In 1778   Duration of Service.   8 Months   Rank.  Private   Names of General and Field Officers under whom he served.  Superintendent James Glen
Period.  1780 Navy   Duration of Service.   3 Months    Rank.     Names of General and Field Officers under whom he served.   Captain Harris of the Navy
Period.   1780    Duration of Service.   3 Months   Rank.      Names of General and Field Officers under whom he served. Captain Roger Kain
Period.  1781   Duration of Service.  3 Months  Rank.     Names of General and Field Officers under whom he served.  Captain Martin
5. In what battles was he engaged?  Several Naval skirmishes 
6. Where did he reside when he entered the service?  Chester Cty  Pennsylvania 
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, or by the rolls?   Traditionary   
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned   
J N Ashton 
Examining Clerk.
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State of Ohio  Jefferson County }  SS  
On the 30th day of August in the year of our Lord 1832, personally appeared before me one of the Judges of the Court of Common pleas in and for the County of Jefferson and State of Ohio, Caleb Smith now a resident of the township of Mount Pleasant County and State aforesaid aged nearly seventy two years who being first duly affirmed according to law doth on his affirmation make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832, that he resided in Chester County, State of Pennsylvania, when in the month of April 1778. he entered into the United States service for 8 months and was engaged in building the publick brick buildings near the town of Carlisle in the State of Pennsylvania , during which time he was under the United States controle under their superintendant James Glen he had to attend muster on the call of the role drew rations & served the time out and was paid off and of discharged by James Glen.  In the year 1780 he enlisted  at Philadelphia, on board the commissioned Sloop Camilla commanded by Captain Harris and carrying ten guns on her way to the west Indies.  She captured the Falmouth packet bound from Jamaica to Falmouth he was put on board the prize to take her into the part of Baltimore, after being on board the prize ten days, they were recaptured by the Brig Hammond belonging to England, and commanded by Captain Gutry after remaining a prisoner of war and in Irons for the space of two weeks they fell in with a Cartel and an exchange of prisoners took place and was thence carried to Philadelphia, this service was three months, then in the same year entered on board the brig Halkes carrying sixteen guns, command by Roger Kain, for three months, that in course of 6 weeks they captured fifteen British vessels and were obliged to return to Philadelphia to recruit both men and provisions, on the passage up the river
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Delaware in company with the fair American, the Trumbul and Dean Frigates then lying at Chester pressed a number of the hands from on board the Holker & Fair American himself among the number he was on board the Trumbul Frigate Captain Nicholson commander for some days, when he was released by the board of war to finish out their Cruise. In the year 1781 he enter on board the brig Nesbit Captain Martin carrying sixteen guns, they had not been many days at sea untill they fell in with a British Brig called the Swift carrying 18 guns near sunset - a smart action commenced, shortly after the vessels were foul of each other, and in that situation fought nearly half an hour, when the British brig got clear of the Nesbitt and sheared off  - the Nesbit had eight men killed and seven wounded, one of whom died after of his wound - a few day after this engagement they captured a British vessel from New York the officer of which informed those of the Nesbitt that the Swift had arrived at New York nearly in a sinking conditions.   had no other engagement during his service in the Nesbit  - in this service he was engaged three months when he was discharged, This deponant further states he was born in Chester County Pennsylvania on the day of March 1760, he has no record of his age but has frequently seen one kept by his father many years since, knows not what has become of it, this deponant was living in Chester County Pennsylvania, when he first entered the service of the United States, since the revolutionary war he resided in Philadelphia and the neighbourhood thereof untill 1783, when he went to Winchester Virginia and there in the year of 1794 enlisted and served as an enlisted soldier against the Indians under General Wayne and in other service on the Western
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Frontier untill 1812, when he was taken prisoner at the time of Hulls surrender at Detroit at which time he belonged to the 1st Regiment of heavy artillery in the company commanded by Captain Dyson - was taken a prisoner to Quebeck from thence carried to Boston where he was discharged from the time he first enlisted in the year of 1794 untill 1812 he was twice discharged and twice re-enlisted, from which time he resided in neighbourhood of Philadelphia until 1816 when he came to Jefferson County Ohio where he has since resided untill the present time; at all times he entered into the publick service voluntarily - he at all times was discharged at the end of his term of service he does not recollect at any time of receiving a written discharge, he will mention the names of Thomas Evans, Wm Hamilton and Jas. Gill who he believes can testify to his character for truth and veracity and their belief of his services as a soldier of the revolutionary war , this deponent further states he has no documentary evidence, and that he knows of no person whose testimony he can procure who can testify to his services he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state 
Affirmed and subscribed the day and year aforesaid, 
Caleb Smith
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11962
that we believe him to be about 75 years of age that is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and we concur in that opinion and that he is a man of truth and veracity - sworn and subscribed the day and year aforesaid – 
Watson
Wm Hamilton
And the said Thomas George one of the Judges of the court of Common pleas in and for the County of Jefferson and State of Ohio as aforesaid do hereby declare his opinion after the investigation of the matter and putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and in the naval service, and served as he states and the said Judge further certifies that it appears to him that Jno Watson and Wm Hamilton who has signed the preceding certificate are residents of the town of Mount Pleasant in Jefferson County Ohio and are credible persons and their statements are entitled to credit and it also appears to the said Judge that the applicant cannot from bodily infirmity attend the Court of Common pleas aforesaid
Thos George
Associate Judge
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State of Ohio Jefferson County Ss.
 I James Ross Wells Clerk of the Court of Common Pleas of said County of Jefferson do certify that Thomas George Esquire whose name appears to the foregoing certificate, is one of the Associate Judges of the Court of Common Pleas for said County of Jefferson & that the signature annexed thereto  is his genuine signature. In testimony where of I have hereunto set my hand & affixed the Seal of said Court at Steubenville the 31 day of August AD 1832 
James Ross Wells 
Clerk
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REJECTED
9700
Caleb Smith
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Jas. Ross Wells
Steubenville  O
10 Apl 1833
Reco. Vol. 25
Pa.
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War Department 
Pension Office 10. April 1833 
Sir
The case of Caleb Smith has been examined. - His services at the Carlisle Barracks & in the Navy cannot be admitted agreeably to the provisions of the act of 7th June 1832 the claim is therefore rejected & the papers are retained on the files of this office 
I am Sir
Your Obt Sevt
James Ross Wells Esq Clerk 
Steubenville 
Jefferson County Ohio
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Cases of Caleb Smith 
Rejected 
See letters to James Ross Wells  
Clerk 
Steubenville 
Jefferson County Ohio 
10 April 1833.
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11962 
Jefferson County 
State of Ohio 
Caleb Smith
Ask Mr. Edwards as to the 8 mo Service
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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 Caleb Smith which require further proof or explanation    
1. 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? 
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?  the Justice has 
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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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? two witnesses 
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? 
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? yes 
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? Yes 
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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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.
   The 8 months service cannot be admitted & must prove his service in the Navy – See note