Revolutionary War Pension and Bounty Land Warrant Application File S. 31376, for Moses Smith, North Carolina
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(3 - 1776)
SERVICE
N. C.
Smith, Moses
NUMBER
S. 31376
CONTENTS

correspondence
5000
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Kentucky 13770
-
Moses Smith
of Adair Co in the State of Kentucky
who was a private in the company command
by Captain Powell of the regiment and
by Col. Sowell in the North Carolina
line for 2 years
Inscribed on the Roll of Kentucky
at the rate of 80 Dollars 0 Cents per annum,
to commence on the 4th day of March, 1831.
-
Certificate of Pension issued the 17 day of June
1833 and Tenth Hon
C Tompkins Glargon Ky
-
Arrears to the 4th of March 160 ┃
Semi-anl. allowance ending 4 Sept 40 ┃
-
$200
-
Revolutionary Claim,
Act June 7, 1832. ⎬
Recorded by Daniel Boyd Clerk,
Book E  Vol. 7 Page 27


Con C.S. Morehead
Mch 11/81
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Moses Smith
16,16,
from private
2 years
$80
P- 218.
Jan 26, 33
Na C. Tompkins
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BRIEF in the case of Moses Smith
County of Adair in the State of Kentucky
(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? ----
3. How old is he? 71
4. State his service, as directed in the form annexed.
Period
---------
Vol. In 17
Drafted
Vol.
Subs
drafted

Duration of Service.
_____________
Years Month Days.
3
3
3
not stated
3
not stated

Rank.
_________________
As a private
"
"
"
"
"

Names of General and Field Officers
under whom he served.
Gen.
Capt J. Powell -
Capt. Jones -
Col. Sowel -
Capt A. Harper Maj. People
Col. Whiticar
Col. Howell 
Col Powell Capt. Buchard
Gen Butler

5. In what battles was he engaged: Guilford
6. Where did he reside when he entered the service? Halifax Cty N.C.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls? traditionary & witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect? The declaration is not attached to the Clerks Seal as required.

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

not stated - private - capt. A. Harper, Col. Long, Gen Jones

3 - "- Major Armstrong & Denahoe, col Paisley

3 -"-Major Julse, Gen Greene

He says "Having served two years
and three months."

Examining Clerk.
F. Waugh
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State of Kentucky ⎬ set.
Adair County
On this the 3d day of September 1832
I personally appeared in open court before Benjamin Monroe a Judge of the circuit court of Adair County [ineligible] sitting Moses 
Smith a resident of Adair County & sate aforesaid aged 71 years, who being 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 he stated, that he entered from the County of Halifax in North Carolina shortly after the commencement of the
revolutionary man (the date he does not now
recalled) under Capt Tanley Powel
 for the time, he thinks, of three months
the purpose of guarding the magazine of the U.S. at the town of Halifax and likenis the jail of said town in which at that time there were a great many prisoners
or criminals and it was believed there was danger of them breaking hence the necessity of guarding it, the prisoners in
said jail were put in irons. he lived immediately in the neighborhood of Halifax & needed no discharge as he recalled when his time expired. A short time afterwards, he was drafted
into the service of the United States for a tour of three months under the command of Capt
Lanes and marched in a
southern direction across the river Neuse and reconnoitered  through that part of the country in pursuit of tories &c the
other officers by whom he was commanded he does not [intelligable]
recollect & no remarkable instances transpired during said term, at the expiration of the term of 3 months after he rec'd a discharge, he thinks from Capt Hares but it is
now last, he then returned home, remained there perhaps a few months and then volunteered he believes for three months more under the command of Colo. Samuel
he cannot recollect any of the other officers by whom he was then commanded he started from the county of Halifax and
marched on to Ramsey's mill upon deep-river and there remained for some time, from there he was marched on
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in a southern direction and after some considerable time marching & maneuvering through that part of the country was marched back to Ramsey's mill without effecting
any thing of importance during said town, he remained a few days at said mill and from there marched towards home in the County of Halifax & was shortly afterwards discharged
he believes by Colo Samuel having served out his term of thee
 months-
He states that he had not been long at home before he entered the service again in Hallifax County North Carolina for a term of three months under the command
(of he thinks) Captain Ambrose Harper, Maj. Peoples & Col Whites in a company of Horse he was marched
from Hallifax North Carolina up towards Hillsborough and Salisbury in Roan County to Charlotte in Meck-lenberg County. from thence we reconnoitered through the
County in search of the Torys but finding none
we was marched towards Hallifax town in North Carolina and it was in that neighborhood we were discharged having
no engagement during that term no nothing of importance
ever having hampined-
He states that he have not been at home very long before he substituted for and in the place of Sullivan for three months. he believes under the command of the said Colonel Sowel the names of the balance of the Officers he does not recollect he marches on again to Charlotte and from thence in to the State of South Carolina for miles and on his return at Charlotte were likely to come into an
engagement with the British but finding their
number largely superior to that of Ours. It was thought advisable to retreat, thence running through that county in the direction to Salisbury and thence down towards Hallifax. by way of Deep River until that  was tour was ended without anything of importance having transpired-
He states some time after his return home he was drafted for a three months tour in the County of Hallifax North Carolina under the command of Col Sewel and was shortly put under the command of Captain
Richard and General Butler, this tour was nearly
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in the same direction of the preceding reconnoitering and maneuvering in pursuit of the Torys but nothing of importance having transpired that tour except the desertion
of Adjutant Knight who deserted from our Army and took up arms against his Costs in defense of the British and was taken sentenced to Death and hung for that offence. and the circumstance of Captain
Richards having his hand cut off by a Captain
Eve in Relation to a dispute between the parties in regard to which should march in front on that day they both being Captain of our army and wishing to assume the same command and shortly after this circumstance he was discharged by said Richard &
Ordered to return home-
He States some time in the same year he Substituted for and in the place of Charles Moore to serve a three month tour called the County light horse under the command of Capt. Ambrose Harper by the direction of Col Ling & General Jones. this tour was for the purpose of catching the men who were drafted and refused to serve and
keeping herein waggons and carts for the benefit of the army. This tour was performed entirely within the limits of the County of Halifax & North Carolina-
He states that some time in the latter part of the same
year he was drafted in Halifax County North
Carlina to serve a three month tour under the command of Major Annsburg and Donoho and Col Paisley he then marched up to the Shallow ford of the yadkin River where there was a small engagement between Captain
Levies Company and the Torys in which the latter was defeated and between 20 & 30 killed. he arrived at the place of battle just as it was over but not  time enough to take any part in it. he camp
at that place all night and next morning being
Very cold he waded the yeakin River and marched on to Hooris Tower at which time and place he was discharged.
his 3 month tour being ended & he
 being sick was taken in by his Brother John
Smith over into Henry County Va where he received and was then taken down home in to Halifax County North Carolina-

He states that in the ensuing spring he was drafted
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in Hallifax County North Carolina to serve a three month tour under the command of Maj. Furley who marked the
company until it was found to the army of General Green the place not recollected, but not very far distant from
Guilford Court house, where he was moving about until the battle of Gulford, in which battle he was in until the rebels were ordered by General Green from this place the British took up the line of march towards Ramsey
Mill on Deep River. the American Army in pursuit of them and frequently in sight at that place the British
crossing the River on a bridge. after their passage over the same they cut down the Bridge and prevented any
further pursuit of them and after some time at that place he was discharged by General Green his term of Seven having expired and he returned home- having served
two years and three months, he having been his discharged as before stated in this declaration and all of
them being lest and deployed. he states that he was born in the year 1761 in Cumberland County and State of Virginia. and remained there untill he was about 14 years of age at which time he with his Father moved unto Hallifax County North Carolina
and there remained for a number of years
after the close of Revolutionary war and from
thence removed to Henry County and State of Virginia. There lived about 12 or 13 years and from thence removed into Adair County and State of Kentucky which place he lives at at this present time, he states that he has no particular record of his age.
He states that he can prove by Thomas Smith Sundry was as stated in the this declaration and others by John Smith & John Cuney he states that he can prove by Clergyman Ellison, John Creasey. John M. Alexander Joseph Alexander William Young & James Lox by whom he can prove his character for
Veracity amid the traditionary report of his neighborhood concerning his served as a soldier of the Revolution
as before expressed in this declaration.
Moses Smith mark
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3/376
Revy INVALID
File No. 31, 376
-
Moses Smith
In Rev War
-
Act: June 7th 32"
Index: --Vol. 2, Page 381
[Arrangement of 1870.]
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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
Moses 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? --

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.

VII. 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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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

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?
witness

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? No

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? yes

XVI. Are the papers authenticated as the regulations direct? No

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them is not so answered?
#79

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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3
It is important in all cases to determine with precision the period for which the 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.

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 be 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 authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate in the attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being in properly attached to the certificate.
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State of Kentucky Cumberland County Set
The affidavit of Thomas Smith Sen
taken at his own house in the State of
County aforesaid-
Question 1st Have you any knowledge that
Moses Smith ever served in the Revolutionary
War, either on his own account, or as a
substitute, for any person, answer.
I well recollect of his being substitute
at two different times on a three months
Tour, One for a man by the name of
Sullivan the other by the name of
Charles Moore. In what County & State
did the said Moses Smith live at the
time of rendering the aforesaid services. Answer in the County of Hallifax
& State of North Carolina - Have you
any recollection or knowledge of his
serving any other tours beside those
mentioned, answer, I recollect that
he was frequently in the army during the
war. but cannot Retale any particular circumstances
Thos Smith S
Sworn and Subscribed before me
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A Justice of the Peace for the County
aforesaid
Reuben Alexander I
W. Vachel Dellingham and Lewis Ellis
Clergyman Residing in the County of
berland & State of Kentucky, and Isaac Mc
Bee, John M Alexander
Ingson Alexander
& Reuben Alexander Residents of Cumberland
County do hereby certify that we are
well acquainted with Moses Smith of
Adair County who has subscribed and
Sworn to the foregoing declaration and
that we believe him to be about the age
he represents, that he is reputed and
believed in the neighbourhood where he
resides to have him a Soldier of the
Revolution and that we concur in that
Opinion-
Rachel Dillingham
Lewis Ellison
Isaac McBee
John M Alexander Sen
Ingram Alexander
Kimber Alexander Lee
Swan

and subscribed the the day
year aforesaid
Reuben Alexander see
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State of Ky. Adair County Sct
We John Smith & James Cox residing in Adair county & state aforesaid & Joseph Alexander residing in Cumberland county & state afore hereby certify that we are well aquainted with Moses Smith who has subscribed & sworn to the with delcaration, that we believe him to be 71 years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion , and the said John Smith further certifies that we met with the said Moses Smith thence in the revolutionary war; once at the battle of Guilford and once at the trading land on the Adkin Given under our hands this 3rd of Sept. 1832
John Smith
James Cox
Jos Alexander
Sworn to & subscribed the day & year of aforesaid
And the said court do herby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department that the above applicant was a revolutionary soldier and served as he stated, and the court further certifies that it appears to them that Moses Smith and James Cox who have signed the preceeding certificate are residents of Adair County and that Joseph Alexander who had likewise signed his name thereto is a resident of Cumberland County and that they are all creditable persons and that their statements are entitled to credit
Kentucky Adair County & circuit Sct.
I William Caldwell clerk of the circuit court for said county do hereby certify that the foregoing
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contains the original proceedings of the said court in the matter of the application of Moses Smith for a pension.
In testimony whereof I have hereunto set my hand and seal of my office this 8th day of September 1837.
Wm. Caldwell

Cumberland County (?)
the undersigned a Justice of the Peace in the County of (curved arrow) states that Thomas Smith whom has subscribed and sworn to the foregoing affidavit is a credible man and that to all his statements should be given the utmost confidence given in my hand this 9th day of April 1833.
Reubin Alexander (?)

Kentucky Cumberland County Get.
Milton King clerk of the County Court for said County, do hereby certify that Reubin Alexander who has officially signed the foregoing several affidavits, is a Justice of the Peace in and for said county, duly commissioned and qualified that his acts are entitled to credit and his several signatures are genuine.
Given under my hand and seal of my office in Burksville, this 28th day of May 1833.
M. King