Revolutionary War Pension and Bounty Land Warrant Application File R. 9768, for John Smith, Maryland
Page 1

(3-1776)

SERVICE
Md.
Privateer

Smith, John

NUMBER 
R. 9768

CONTENTS
b. in Prince George Co. Md. in 1758. there at enl.
Iredell Co. N.C. from 1792 to 1832.
Page 2

No. 19363
John Smith 
Iredell County
North Carolina

Rejected see let to A
Simonton
April 25 1833

5 April 
Sent G G Brewer
Annapolis
MD

Spr: Letter 
G. G. Brewer
Annapolis

A Simonton Clk Co
Iredell County NC
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BRIEF in the case of John Smith 
County of Iredell in the State of North 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?  74 years

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

Period. |
_______ |
Enlisted in 1779 |
drafted 1781 |

Duration of Service. |
__________________ |
Years, |
about |
" |

Months, |
12 |
3 |

Days. |
|
|

Rank. |
_____ |
As a |
Seaman |
on board |
the Solicitor |
privateer |

Names of General and Field Officers
under whom he served.
_______________________________
Gen. [blank]
Capt Hill
Capt Moore

5.  In what battles was he engaged?  Engaged & was captured by a British privateer
at the siege of York

6. Where did he reside when he entered the service?  Baltimore State of Maryland

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?  Correct

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

Jos Claggett Examining Clerk.
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19363
John Smith 
Declaration 
for a pension
[illegible initials]
no 35
Page 5

State of North Carolina } Court of Pleas and 
Iredell County } Quarter Sessions November 
Term 1832.

On this 20th day of November personally appeared 
in open Court being a Court of Record 
now sitting John Smith a resident 
of Iredell County State of North Carolina,
aged 74 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 7th 1832.

That he entered the service of the United 
States under the following named officers, and 
served as herein stated.

That in the spring of the year 1779 he entered the services
of the United States at Baltimore in the State of Maryland 
he enlisted in the naval service on board the Solicitor 
of 16 guns commanded by Captain Ebenezer Hill for 
twelve months, that the said privateer cruised mostly in 
the West Indies Seas and continued in those parts untill [until]
[struck out: about] the Solicitor was captured by a British Privateer 
after a short engagement that he remained a prisoner 
sixteen days when he was set ashore on the Island 
of Tortola from which place he escaped to St. Thomas 
and took a passage thence to Edenton in North Carolina 
where he landed in the spring of the year 1781 & thence 
he returned to his residence in the State of Maryland 
near Georgetown.  After his return he was [word struck out] drafted 
into the [struck out: Naval Services] land services under Captain 
Moore for three months, and was at the siege of 
Cornwallis at the time of his surrender having arrived 
there a few days before that event, after which he 
was discharged and returned home.  He never had 
any written discharge.  He says that from the
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time he entered on board the Solicitor in the 
spring of the year 1779 until the capture of 
Lord Cornwallis in 1781 he was not more than 
one month at home.

He says he was born in Prince George County Maryland 
in the year 1758 as recorded in Bible now in his 
possession & lived there at the time he entered the 
service.  He continued to live there until about the year 
1792 when he removed to Iredell County North 
Carolina where he now lives.  He refers to Henry Steele 
Equire and Robert Gracey.

And I hereby declare that I have no documentary 
evidence and I know of no person whose testimony 
I can procure to testify to my service.

And 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 Sate.
Sworn to and subscribed }
the day and year aforesaid }  John his X mark Smith
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We Henry Steele and Robert Gracey 
residing in the County of Iredell State of 
North Carolina, hereby certify that we are 
well acquainted with John Smith 
who has subscribed and sworn to the above 
declaration  That we believe him to be 74 
years of age That he is reputed and 
believed in the neighbourhood [neighborhood] where he resides
to have been a soldier of the revolution 
and that we concur in that opinion.
Sworn to and subscribed 
the day and year aforesaid.
Henry Steele
Robert Gracey

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 certifyes [certifies] that it appears to them 
that Henry Steel and Robert Gracy who has 
signed the preseeding [preceding] certificate a resident 
in the County of Iredell and is credible 
persons and that their statements are entitled 
to credit.

I Absalom Simonton Clerk of the Court of Pleas 
and Quarter Sessions of Iredell County do hereby 
certify that the foregoing contains the original 
proceedings of the said Court in the matter 
of the application of John Smith for a
Pention [Pension].
[Blurred seal of office]. In testimony whereof I have hereunto 
set my hand and seal of office this 21st 
day of November 1832  A Simonton C.C.P.
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9768

P.O. [Blank]
John Smith
Service: Md. & Privateer 
res. N.C.

Enlisted: [Blank], 18[Blank]
[Stamp] REJECTED
Discharged: [Blank], 18[Blank]

Application filed: [Blank], 18[Blank]

Alleges: [Blank]
Re-enlisted: [Blank]


Attorney: [Blank]
P.O. [Blank]
[Blank] Recognized. [Blank] Contra
[Blank] Cert. of Dis. Searched for [Blank], 18
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No. 19363
John Smith
No.Ca.

Rejected. see letter 
to A. Simonton Apl. 25 '33

9768
Page 10

John Smith

No roll of the men &
Off on board the 
Solicitor in the 
Office at Annapolis

A. Simonton clk of
Iredell
for N.C.
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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 
John Smith 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?  No

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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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 revolu
tionary service?  [words struck out] Two Citizens

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

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?  [Blank]
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?  [Blank]
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?  [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?  [Blank]
____________________

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 recol
lection 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 month is to in
definite, 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 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 em
ployed 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 magis
trate 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 cer
tificate 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.
[index finger pointing right] 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.