Revolutionary War Pension and Bounty Land Warrant Application File R 9738, for Robert Smith, New York
Page 1

Service - New York


Smith, Robert
Gertrude


Number - R.9738


Contents

res of Schenectady N. Y. at enl.

d. Dec. 26, 1831
Page 2

5236

application of 
Gertrude Smith
widow of Robt Smith
under act of 7th July 1838

Married 2d Oct. 1784
Husband died 26 Dec. 1831


Agent 

Giles F. Yates
Schenectada
N.Y.
Page 3

DECLARATION. 
In order to obtain the benefit of the act of Congress, of the 7th July, 1838, entitled "An act granting half-pay and pensions to certain widows.” 
State of New York, ss: 
On this first day of October 1838 personally appeared before the undersigned, one of the Judges of the Court of Common Pleas in and for the County of Schenectada, in said State – Gertrude Smith a resident of the town of Glenville in the County of Schenectada aged Eighty Seven years, who being first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838, entitled "An act granting half pay and pensions to certain widows”
That she is the widow of Robert Smith - who was a private in the militia of the State of New York, during the War of the revolution in the Regiment of Col. Abraham Wemple and in the company commanded by Captain Jellis J. Fonda, and who also served for at least six months as this declarant has been informed and believes to be true in the Regiment of State Troops commanded by Col. Marinus Willett - And she further declares, that her maiden name was Gertrude Wendell and her said husband also served as this Declarant has been informed & believes in the regular or continental army 
She further declares that she was married to the said Robert Smith on the second day of October in the year seventeen hundred and Eighty four; that her husband, the aforesaid Robert Smith died on the twenty sixth day of December 1831, that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety four, viz, at the time above stated. 
[signed] Gertrude Smith X her mark 
Sworn to and subscribed, on the day and year above written, before me the said Judge, & I hereby certify that said Gertrude Smith is unable to attend Court, by reason of bodily infirmity, & further that she cannot write her name owing to old age & debility. 
[signed] Cornelius S Conde one of the Judges of the County of Schenectada
Page 4

STATE OF NEW-YORK, 
COUNTY OF SCHENECTADY,
CLERK'S OFFICE. } ss.
I, Archibald Campbell Clerk of said County, DO HEREBY CERTIFY, That Cornelius S Conde before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same one of the Judges of said County in and for said county, duly commissioned and qualified as such; and that I am well acquainted with the hand writing of the said Cornelius C Conde and verily believe that the signature to said Affidavit and Certificate is genuine. 
In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, this 12 day of April - 1839 
[signed] Archd Campbell, Clerk.
Page 5

The Deposition of Christopher Ward of the city of Schenectada in the county of Schenectada & State of New York aged eighty years who testifies and says that, he is now a pensioner of the United States under the act of the 7th of June 1832 having been a Soldier of the revolution - In the year 1780 this deponent served in the Regiment of Colonel Graham, and remembers seeing Robert Smith the same person refered to and described in the annexed documents at the City of Albany in the Summer of 1780 said Robert Smith having arrived there pursuant to a draft made upon the militia of Schenectada in the Regiment of Colonel Abraham Wemple, said Robert Smith was at Albany as aforesaid attached to the same regiment with this Deponent. This Deponent thinks in the company of Captain McGee, Yet is not certain but it might have been in the company of Captain Dubois. Said Robert Smith proceeded with his said Regiment to West Point where then every fifteenth man was elected or selected from said regiment to join the regular or Continental army - Among the number thus selected were Alexander Marselies, John Ogden Robert Smith aforesaid & said Robert Smith and this Deponent served together in the same campaign. This Deponent does not remember the name of the captain to whose company said Robert Smith was transfered but thinks it was Fink or Frink this Deponent being a member of Captain McGees Company. This Deponent served for four months in this campaign, when this deponent left the service having completed his engagement - but the said Robert Smith
Page 6

continued on duty at West Point N.Y. having served for the same period this Deponent did, and for how much longer than said four months the said Robert Smith served this Deponent cannot specify 
[signed] Chris  S Ward

On this 22d day of September 1838 personally appeared before me the undersigned Christopher Ward above named, to me well known who made oath that the facts set forth in said deposition by him signed are true. And I certify that said Christopher Ward is a credible witness 
[signed] Roswell Perry J.P. 

STATE OF NEW YORK. 
COUNTY OF SCHENECTADY, 
CLERK’S OFFICE. } ss.
I, Archibald Campbell Clerk of said County, DO HEREBY CERTIFY, That Roswell Perry before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same a Justice of the Peace in and for said county, duly commissioned and qualified as such; and that I am well acquainted with the hand writing of the said Justice of the Peace and verily believe that the signature to said Affidavit and Certificate is genuine. 
In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, this 16 day of April 1839.
Clerk.
Page 7

The deposition of John De Graff of the town of Mohawk in the County of Montgomery in the State of New York aged Eighty two years and upwards who testifies and says that he is now a pensioner of the United States under the Act of 7th June 1832 having been during the war of the revolution a private in the Company of Militia Commanded by Capt. John Van Patten in the Regiment of Colonel Abraham Wemple in the district of Schenectada. That he this Deponent was during said was war acquainted with Robert Smith the same person referred to and described in the annexed documents, and was acquainted with said Robert Smith since the year 1760 - or for fifteen years previous to the commencement of the Revolutionary war - this Deponent was also for five years or thereabouts previous to the commencement of said war well acquainted with the present widow of said Robert Smith – when she still bore the name of Gertrude Wendell - the said Robert Smith and Gertrude Smith & this Deponent being all at the time thereof residents of the then township of Schenectada - This Deponent served with a detachment of Militia from the district of Schenectada and from said regiment in the campaign of 1777 which eventuated in the Capture of Burgoyne & his army at Bemis's heights Still Water and the other parts and passes there occupied by the northern American Army for a time exceeding twenty five days. On this on a service with the same detachment, & for the same
Page 8

Term of twenty five days at the least the aforesaid Robert Smith served in company with this Deponent and said Continued on duty in this campaigns after this Deponent left the same, and for how much longer period than said twenty five days said Robert Smith served on this occasion this Deponent cannot specify.
[signed] John DeGraff

On this twentieth day of July 1837 personally appeared before me the undersigned John DeGraff above named to me known who made oath that the facts set forth in the foregoing deposition by him Signed are true; and I certify that said John DeGraff is a credible witness 
[signed] John H. Van Eps 
Justice of the peace
Page 9

STATE OF NEW YORK.
COUNTY OF SCHENECTADY,
CLERK’S OFFICE. } ss.
I, Archibald Campbell Clerk of said County, DO HEREBY CERTIFY, That John H Van Eps before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same a Justice of the Peace in and for said county, duly commissioned and qualified as such; and that I am well acquainted with the hand writing of the said John H Van Eps and verily believe that the signature to said Affidavit and Certificate is genuine.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, this 16 day of April 1839.
[signed] Archd Campbell Clerk.
Page 10

The Deposition of Cornelius Z. Van Santvoord of the City of Schenectada in the County of Schenectada in the State of New York who testifies and says that he has been well acquainted for the last seventy years with Gertruy Smith the same person referred to and described as an applicant for a pension under the act of Congress passed July 7th 1838. -That he was also well acquainted with Robert Smith the former husband of said Gertruy Smith - during his life time. That said Robert Smith departed this life about seven years ago; and that since his decease the said Gertruy Smith has remained single and unmarried and is still unmarried - And this Deponent further saith that he was present at the marriage of said Gertruy, she then bearing the name of Wendell, & that they were married by the Revd Barent Vrooman then Pastor of the Dutch Church of Schenectada, and according to the best of this Deponents recollection, said marriage took place in the fall of the year 1784.
[signed] Cornl. Z Santvoord
On this fifth day of October 1838 personally appeared before me the undersigned Cornelius Z Van Santvoord above named to me well known who made oath that the facts set forth in the foregoing deposition by him signed are true; and I certify that said Cornelius Z V. Santvoord is a credible witness 
[signed] John H. Van Eps 
Justice of the peace
Page 11

STATE OF NEW-YORK.
COUNTY OF SCHENECTADY,
CLERK’S OFFICE. } ss.
I, William W. Tredway Deputy Clerk of said County, DO HEREBY CERTIFY, That John H Van Eps before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same a Justice of the Peace in and for said county, duly commissioned and qualified as such; and that I am well acquainted with the hand writing of the said John H Van Eps and verily believe that the signature to said Affidavit and Certificate is genuine.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, this 21st day of November 1838.
[signed] Wm W, Tredway Dep. Clerk.
Page 12

The Deposition of Reuben Schuyler of the town of Watervliet in the County of Albany in the State of New York aged seventy five years & upwards, who testifies and says, that he was during the years 1779 & 1780, when he this Deponent resided in Schenectada well acquainted with Robert Smith, the same person referred to & described in the annexed documents, and that he this Deponent & said Robert Smith served at the same time in the following named expeditions, to wit – 
To fort Hunter in the spring of the year 1780 with a detachment of militia from Schenectada aforesaid under command of Col. Abraham Wemple for this term of at least ten days. In the fall of the year 1780 with a like detachment under command of said Col. Wemple at said fort Hunter for the term of at least fifteen days. The following named officers from Schenectada also accompanied said detachment in both of the foregoing tours John Van Duisen Adjutant Major Suits - Ensign Abraham Truax - Ensign Cornelius Z Van Santvoord – Capt. Jellis J Fonda - John Mynderse - Jesse Van Slyck - & Abraham Orthout & others not now recollected besides nearly the whole regiment from Schenectada then was there also the Regiment of Col. Philip P Schuyler from Watervleit aforesaid 
[signed] Reuben Schuyler 
On this eight day of August 1838, personally
Page 13

[personally] ly appeared before the undersigned Reuben Schuyler to me well known who made oath that the facts set forth in the foregoing deposition by him signed are true and correct according to the best of his knowledge & belief and I certify that said Reuben Schuyler is a credible witness 
[signed] Albert A Vedder Justice of the peace

STATE OF NEW-YORK. 
COUNTY OF SCHENECTADY, 
CLERK'S OFFICE. } ss.
I, Archibald Campbell Clerk of said County, DO HEREBY CERTIFY, That Albert A. Vedder before whom the foregoing Affidavit was subscribed and sworn, was at the time of taking the same a Justice of the Peace in and for said county, duly commissioned and qualified as such; and that I am well acquainted with the hand writing of the said Albert A Vedder and verily believe that the signature to said Affidavit and Certificate is genuine. 
In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, this 12 day of April 1839 
[signed] Archd Campbell Clerk.

R. Schuyler dc Robt Smith
Robt Smith
Robt Smith
Page 14

G. F. Yates
30 July 1839
OC
Page 15

516 
War department 
Pension Office 
30. July 1839 
Sir
The papers of Mrs Gertrude Smith widow of Robert Smith have been examined & filed - of the date of the claimants marriage the proof is insufficient It must be shown what evidence there is on the records of the church of which the Revd Mr Vroman was pastor before parole evidence as to this fact can be admitted - For evidence of the revolutionary services of the claimants husband she is referred to the comptroller of the State of New York, Bates Cook Esqr, 

Giles F. Yates Esqr 
Schenectady N.Y
Page 16

V  N. York
Gertrude Smith
let to G. F. Yates 30 July 1839
9738
Act July 1838
Page 17

[stamp] REJECTED
9738.
P.O.
Gertrude Smith
Service: Robert 
Enlisted:  , 18  .
Discharged:  , 18  .
Application filed:  , 18  .
The printed list of 1852 gives cause of suspension, as: “For proof from the Albany records.”
Attorney: 
P. O. 
Recognized.   Contract.
Cert. of Dis.   Searched for  , 18  .
Page 18

J. L. Edwards Esq 
Commissioner of Pensions 
War Departmt 
Washington D.C.

5236 Apl 22
N.Y.
7 July 1838.

Gertrude Smith
Widow of Robert
Page 19

Schenectada April 1838
J. L. Edwards Esq 
Commissioner of Pensions 
Sir
By reference to the pay rolls of Jellis Fonda Capt in the Regiment of Col Abraham Wemple in the district of Schenectada, which I deposited in your office two years since it will be seen that Robert Smith, (in behalf of whose widow application is now made for a pension under the act of 7 July 1838) served as a private in said Company for 35 days from the 8 of July 1777 to 11 Augt 1777 
See pay roll Aa. also for - 3 days in April 1777, as per payroll Bb.
also for - 3 days in May 1780 as per Roll Cc. 
41 days
making 41 days service which I believe is not proved by the affidavit on file in this case –
I am respectfully &c 
[signed] G. F. Yates