Revolutionary War Pension and Bounty Land Warrant Application File S. 21988, for Samuel Smith, South Carolina
Page 1

(3 - 1776)

SERVICE
S. C.

Smith, Samuel


NUMBER
S. 21988

CONTENTS
b May 21, 1754 in Philadelphia Co. Pa.
res at [illegible]  1832 Union District. S.C.
Page 2

Application of
Saml Smith

23778

Admit as a private
9 months $30.00


Jos Rogers
Union C H
Page 3

State of South Carolina
Union District ⎬
 Personally came Samuel Smith, applicant before me the subscribing Justice in order to explain the particulars of his revolutionary services, and depose as follows -
My first term of service commenced as stated in my application; in which term I served three months- and on the Summer of 1777 I served another tour of duty under Capt Palmir two months. The spring following I served another
town under Maj Bullock-- two months- The next fall under Lieutenant Jolly, at the siege of Savannah and other wise I served two months. I afterwards served a tour of two months at the block house, under Capt Woodson
All of which services was done in behalf of the County and the whole time that deponent proves is Eleven months - Sworn to and subscribed before me this
21 and 1833-
Wm Mitchell J S
(
Samuel Smith
State of South Carolina
Union District
I John Rogers Clerk of the
can of Sessions & Common Pleas do certify that
W Mitchell by is an acting Justice of the Peace
and properly authorized to administer oaths that
his signature is genuine-
Seven under my hand & seal
Rogers Clk
of office at Mr Co
House this 9th July 1833
Page 4

16.531
South Carolina
=====================================
Samuel Smith
of Union in the State of So Ca
who was a pr: in the command
by Captain of the Regt commanded
by Col. Wafford in the So Ca.
line for 9 months.
=====================================
Inscribed in the Roll of S. Carolina
at the rate of 30 Dollars - Cents per annum
to commence on the 4th day of March, 1831.
=====================================

Certificate of Pension issued the 31st day of Augt: 3
and [illegible] of Roger.
Union CH. So Ca_
=====================================
Arrears to the 4th of March '33 by       60
Semi-anl.  allowance ending 4 Sept     15
                                                                       ====
                                                                        $75.-
                                                                        ====
{Revolutionary Claim, 
{Act June 7, 1832.

Recorded by Nath. Rice
Book E Vol.  6 Page 85

[right side]
Let to P. Agt  9 Oct 1831
Page 5

23778
Samuel Smith
Union District
South Carolina

Rev
.
John Rogers Clk
Union C H
South Carolina
Page 6

SEAL

WAR DEPARTMENT
Pension Office                                   183

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. 

The following is a statement of your case in a tabular form. 

On comparing these papers with the following rules and 
the subjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed. 

The notes and the regulations will show what is necessary to be done. 

Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). 

You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your
claim.
____________________________________________________________
A STATEMENT, showing the service of Samuel Smith, Union
                                                                                                District, SC.
========================================================
Period when the  service was  rendered.   
Drafted
1776

1777

1778

about                                                                                                                                                 
Duration of the  claimant's service. Year. Months. Days.
1776  about 3 Months

1777   about 2 Months

1778   about 2 Months

about              2 Months  

"In all 10 months or more"

Rank of the Claimant.   
private
 
Names and rank of the Field officers under whom he served.   
1776   Capt Jolly
             Col Thomas

1777   Capt Palmer

1778   Maj Bullock
             Col Wafford

about  Capt Jolly
              Gen Williamson   

Age at present,  and place of abode when he entered the service.
78
Union District
S.C.

Proof by which  the declaration is supported.
tradition                                                                                                                                  


I am, respectfully,
Your obedient servant,

J. L. EDWARDS,
Commissioner of Pensions
Page 7

REGULATION UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army,
and to include under the terms "Continental Line," "State troops," "militia" and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claim
ing the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

                                                                  DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of} ss.
County of                                 }

On this______day of_____personally appeared (a) before
A. B. a resident (b) of______in the county of _______and State, Territory or District
of_____aged_______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 provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d)____, with  and
served in the_____ (e) regiment of the_____ line, under the following named officers:

(Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. ☞This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of

Sworn to and subscribed the day and year aforesaid._______________A. B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.

I _____________of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of__________________ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this
________ day of _____________& c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out ___________

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:______________

(k) We, A. B., a Clergyman, residing in the _____________ and C. D. residing in (the same)
hereby certify, that we   _____________      are well acquainted with ___________ , who has
subscribed and sworn to the above declaration; that we believe him to be ___________
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.
[
And then will follow the certificate of the Court.]

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 certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the___________
and that C. D., who has also signed the same is a resident in the __________
and is a credible person, and that their statement is entitled to credit.

I, ____________-Clerk of the Court of ____________ do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of ____________
for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this ______ day of      ____________ & c.

Every applicant will produce the best proof in his power. This is the original discharge or commission
; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are  know at the Department.  A very full account of  the service of each person
Page 8

3
will be indispensable to a favorable action upon his case The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.
All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, 
and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. 
To a Solder.     } Did you ever receive a discharge from the service, and if so, by whom was it given, 
and what has become of it?
To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what
has be come of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.

No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure,
taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, 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. 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."

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 that 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 objectionable. 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 place 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.

[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i ] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
                                                                                     
                                                                                          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 papers 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.
                                                                                        
                                                                                                    Proof of Service.
[j] 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 claimant's 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.
☞ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j]  applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l]  If a witness cannot be found, the declarant must state the fact.
[m]The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

F C Bredford
Page 9

State of South Carolina Union District
On this 12th day of December AD 1832 personally appeared in open court being the Court of Ordering for the District of Union now sitting Samuel Smith a resident of the State and District aforesaid aged about seventy eight years, who first 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 the seventh day of June 1832 - 
I entered the service under Capt Joseph Jolly about the last of May or end of June 1776 & commanded by Colo. John Thomas, I was born in Philladelphia County Pennsylvania on the 21st May in the year 1754, but has at this time no known record of his age. I removed to South Carolina a few years before the commencement of the Revolutionary war, Union District where I now live, - 
I entered the service under a draft against the Cherokee Indians about the time that Sir Peter Parker was repulsed from Charleston So. Carolina under Capt Jolly and was commanded by Colo. Thomas in Union Dist. and marched first against the Eastertower town, then against
Page 10

Taxomer & Paul Hatcher - then returned to Camp at Keene fort after being out about three months we were discharged & on the summer of 1777 I served another tour of duty under Capt Joshua Palmer - at Stacey's fort where remained about two months. The spring following I went out to Augusta under Capt. Palmer who command by Maj. Bullock & Colo Wm. Wafford the length of time out on this tour of duty not recollected, The next tour was under Lieuten John Jolly at the siege of Savannah and commanded by Genl. Williamson & Genl. Lincoln out about two months, after the siege was raised returned home, then out on another tour of duty at the Block House at Brandon Mills under Capt Jas. Woodson about two months, was out repeatly at other times on scouting services, all of which was during the Revolution was in behalf of the County, and the whole time that deponant was out thinks about ten months or more
I hereby relinquish every claim whatever to a pension or annuity except the present & declares that his name is not on the Pension Roll of the agency of in any State, -
Ansr to Iny 1st 2nd I was born in the State of Pensylvania Philladelphia Cout. but have no dockumanny evidence of my age or services -
Page 11

Ansr to 3 & 4 I lived in Union Distict S. Carolina where I have lived ever since,
Ansr to 5 See my declaration,
Ansr to 6 I never receved any discharge,
Ansr to 7 I refer to Capt Joshua Palmer & the Revd Willis Walker who can testify as to my character as a man of veracity, -
Samuel Smith

Sworn to & subscribed before me the day and year above mentioned
J. J. Pratt Judge
of the Court of Ordy

We Willis Walker a clergyman residing in the District of Union & Joshua Palmer residing in the same do hereby certify that we are well acquainted with Samuel Smith who has subscribed & sworn to the foregoing declaration, that we believe him to be seventy eight years of age, that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the Revolutionary and that we concur in that opinion,-
Willis Walker
Joshua Palmer

Sworn to & subscribed this 12th Decr. 1832
J. J. Pratt Judge of the Court of Ordy
Page 12

And the said Court do hereby declare his 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 certifies that it appear to them that Willis Walker who has subscribed the preceeding certificate is a clergyman resident in the District & State aforesaid & that Joshua Palmer who has also signed the same is a resident in the same State & District & is a credible person & that their statement is entitled to credit & the said Court doth hereby further certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Smith for a pension. In testimony whereof I have hereunto set my hand & private seal, the twelfth day of December 1832. 
J. J. Pratt judge of the Court of Ordy.

State of So. Carolina Union District 
I John Roger Clerk of the Court of Sessions & Common Pleas do hereby certify that the foregoing contains the original proceeding of the Court of Ordinary in the matter of the application of Samuel Smith for a pension & that John J. Pratt Esqr. whose signature is placed to the above certificate is genuine & that he is the judge of said Court. In testimony whereof I have hereunto set my hand & seal of office this 4th day of January 1833.
J Rogers Clk

Smith, Samuel
S.C. S21888
Page 13

Revolution
21 988
INVALID.
---
File No.  21,988
Samuel Smith
Pri Rev War
---
Act: June 7" 32"

Index: -- Vol.2, Page 379

[Arrangement of 1870.]
Page 14

Pension Agency
Charleston 24 Sept 1851

Sir

I herewith forward the Vouchers of Samuel
Smith  a pensioner under act of June 1832.
for authority to pay the same.
I am Sir Respectfully
Your obsent - 
Jno C Cochran
Pension Agent

James E Heath Esq
Commissioner of Pensions
Washington
DC.