Revolutionary War Pension and Bounty Land Warrant Application File R. 9816, for Nathan Smith, Virginia
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(8-1776) 
SERVICE 
VA. 
CON
SMITH, NATHAN  
NUMBER 
R.9816
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Po. of atty. 
Nathan Smith. 
app. Act June 7 1832, 
Loop for pure board
Susp. Rev. files of Indiana 

J. W. Magill,
atty.
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Know all men by these presents, That I, Allen Smith heir of Nathan Smith
Pee C. of the county of Washington, and the state of Indiana, do 
hereby constitute and appoint THOMAS S. DONOHO & JOHN W. MAGILL, of Washington, 
D.C., jointly or severally my true and lawful attorneys, for me and in my behalf to prosecute my claim for pension as heir at law and son of Nathan Smith 
a soldier of the Revolution for the Revolutionary 
Service of said Nathan Smith deceased
and to receive such certificate as may be issued, hereby revoking any power of attorney which may have been heretofore given, and confirming all things that my attorneys, the said DONOHO & MAGILL, or either of them, may lawfully do in the premises. 
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, this fifteenth 
day of February A.D. 1854. 
Allen Smith [L. S.] 
Acknowledged before me the day and year last above written. 
Daniel Knight J.P Seal
STATE OF Indiana 
COUNTY OF Washington, 88: 
I, Washington C Depauw clerk of the court of 
 [illegible] within and for the county and State aforesaid, do hereby certify that Daniel Knight, before whom the foregoing acknowledgment was taken, was at the date thereof an acting justice of the peace, duly commis-
sioned and sworn. 
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said court, this 15th day of February A.D. 1854. 
WC DePauw Clerk.
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State of Indiana 
County of Washington 
On this thirty first day of March in the year 1830 
personally appeared before John H Thompson President Judge and Enoch Parr and William Phalfy the Associate judges of the 
Circuit court within and for the said county of Washington and state of Indiana aforesaid in open court in session held at the courthouse thereof in the Town of  Salem 
Nathan Smith a resident of the township of Franklin in the said county of Washington and 
State of Indiana as aforesaid, aged about Eighty two years
who being 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 volunteered and joined a company of militia in which he entered the service of the United States under Captain Arbuckle of the Virginia militia in the county of Fredrick in he state of Virginia immediately after that he (declarant) was twenty one years of age and  marches in said service against the hostile Indians then on the Frontier  [illegible] 
(declarant) for the term of six months which was in or about the year 1775 as nearly as he (declarant) can now recollect that during that term of service he was ha  [illegible] with
raid company under Capt. Arbuckle Col John Topton and major Burns at a garrison or station in the frontier_ in Greenbriar in the state of Virginia that after he (declarant) was in this service six months on the frount-
iers as above stated he was verbally discharged with all the rest of the company at the Garrison  that he (declarant) afterwards enlisted in the Army of the United States in the month of March in or about the year 1776 when he (declarant) and near or he can recollect was about or upwards of twenty two years of age under Captain Jonathan Langdon he (declarant) believes in the Virginia line) at Woodstock or Millerstown in Shenandoah county in the state of Virginia where he was and in the vicinity kept until the next spring during a part of which he was confined by sickness and unable for service for the next year after he had enlisted and recovered sufficient for service 
he was marching to different places part of the time at Winchester Virginia where he thinks that as well as he can recollect Major Taylor & Commanded he was under the
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Command of Major Taylor a part of the time at least 
That during some time of the next year after that he (declarant) 
enlisted he was marched with other troops to the state of South 
Carolina where he was under the command of Col Morgan 
and General Greene of the regular officers of the Army of the 
United states in the Revolution that he (declarant) fought 
under Cole Morgan 
against the enemy at the Battle of Kings Mountain in the 
state of North Carolina that he declarant recollects that he was in that part of the troops over that  [illegible] under 
Col Cleaveland Benjamin Cleveland that he recollects 
that Col Shelby (whom he law there) 
was also commanding in the Battle of Kinds mountain that Capt or Major Lewis of the 
American troops was killed in that battle whom he (declarant) 
knew that (he declarant) was in and fought under General Greene at the Battle of Gilford in the state of south Carolina 
that after the Battle of Gilford he (declarant) marched 
under General Greene to Camden to find the enemy after- ward he (declarant) marched to Savannah under Genl Greene and also to Augusta where they remained some 
time then returned through a part of North Carolina and South Carolina to the state of Virginia and afterwards back into the state of North Carolina on the  [illegible] kin river where he (declarant) was discharged 
after that he had served his full term of three years aforesaid that he received a regular discharge in writing 
which has since been lost but when or how he can not tell 
recollect 
he took no care of it not thinking that it would ever be of any material benefit to him 
that he (declarant) recollects that he was aided by Col Capt 
ains and other officers many of whose names he can not now recol- 
lect in consequence of his memory and mind failing much 
during several years past 
that he (declarant) also recollects Col Williams of the American Army at Kings Mountain and Capt or Col Hering.
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That he (declarant) suffered much at the battle of 
Kings mountain and Gilford at both of which there was hard fighting and suffered very much by hard marching 
by night and day by heat wet and cold through all the 
different season and that he (declarant) has never received his pay for his service
that he (declarant) has never had any record of his age by which to determine the time of his birth 
that he was born in Frederick county in Virginia 
as above state where his mother died when he was about four years of age that his father put him a (declarant) an apprentice where he was about fifteen years of age 
with one Benjamin Agin in Frederick county Virginia 
to learn the at [illegible] Taylor that when he (declarant) was about eighteen years of age his father also said at Frederick aforesaid that he 
declarant was free from his apprenticeship 
at the age of twenty one years and shortly afterwards he entered the service in the war during the revolution with Caot 
Arbuckle against the Indians as above stated 
that after he (declarant) was discharged from his three years service in the United in the war if the Revolution as
above stated he married in the county of Frederick in the state of Virginia aforesaid where he remained until about four or five 
years  [illegible] after he was discharged from the service then he removed to Wilkes county in the state of North Carolina with his wife and 
three children where he remained about his years [illegible] residing 
about eighteen miles before the Wilkes county court house then he removed to Burke county in North Carolina where he resided about twenty years   [illegible] then he removed to Knox county, in the state of Tennessee where he resided about ten years, then he removed to Adair county in the state of Kentucky where he resided about four or five years then he removed to Franklin Township in Washington county in the state of Indiana where he has resided ever since about either or nine years and where he now resides as above stated that he (declarant)  [illegible] recollections of time and dura-
tions persons and names and faded very imperfect
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that he (declarant) states as follows first 
1. That he was born at the place and about the the time to above 
stated 
2. That he has not ever had any record of his age 
3. That he was living when he entered the service 
and has since the Revolutionary war and 
now resides at the places as stated as aforesaid 
4. That he always entered the service as a volunteer or enlisted therein as above stated and not otherwise and 
that he never was drafted nor was he ever a substitute 
5. That he can state the names of the regular officers who were 
with the troops when he served 
such continental and militia 
troops and the general circumstances  of his service as above - 
imperfectly stated from the best of his now impaired and imperfect 
recollection and no more as he now recollects. 
6. That he received discharged from the service 
as above stated and that the written discharge was long 
since lost or destroyed and that by some means not known or now not 
recollection as aforesaid. And that he never received any commission and that he always served as a private and not otherwise. 
7. That he is known in his present neighborhood to general Jack Combs Capt John Parr Judge Jacob Sutton 
Edward Norris James Sturdvent
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He ( applicant hereby relinquishes all claim whatever to a pension or annuity except the present and that he declares that his name is not on the Pension roll of any agency in any 
state 
Sown to and subscribed the 
day and year aforesaid 
his 
Nathan Smith 
marke 

We John Parr and Lewis Payne 
In the said county of Washington and state of Indiana and residing in the neighborhood of the said Nathan Smith applicant for a pension hereby certify that we are well acquainted with the said nathan smith who had subscribed and sworn to the above declara-
tion; that we believe him to be about eighty two years of age or upwards that he is reputed and believed in the neigh-
bourhood where he resides to have been  soldier of the Revolution and that we concur in that opinion 
John Parr 
Lewis Payne 

from to and subscribed the day and years aforesaid 
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 John Parr and Lewis Payne who have signed
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the preceding certificate are residents in the 
county of Washington and state of Indiana and 
are credible persons, and that their statement 
is entitled to credit 
Jul. M (illegible) Carter clerk of the 
aforesaid Washington Circuit Court in the state of Indiana do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Nathan Smith for a pension. 
In testimony whereof I have hereunto 
set my hand and seal of office this 
31st day of March 1846 
 [illegible] Carter Clerk
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I am well acquainted with John Parr and Lewis Pain who have testified in behalf of Nathan Smith therein and know them to be respectable men 
John Carr 
April 27 1836
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(illegible) 816
P.O. 
Nathan Smith 
Service: Indiana 
Enlisted: Private Va Troops 
Discharged:   , 18
Application filed:   , 18
Alleges: The printed list of 1852
gives cause of suspension as. 
Re - enlisted: "For Further proof and specifications" 

Attorney: 
P.O. 
Recognized.     Contract. 
Cert. of Dis.    Searched for  ,18 .
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Suspended 
Lit 28 Apl 36
H J. Carr, 
9816
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Nathan Smith for Revolutionary Pension 
under act 1832 Indiana suspended file
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War Dep Pen Office https://catalog.archives.gov/images/misc/drag.png
 [illegible] 28, 1836
Sir, 
        The declaration of Nathan Smith has been  [illegible] and filed with [illegible]  [illegible] in this office, this state  [illegible] is incorrect factory, as to his having enlisted for their years in 1770 in the Virginia line and having sewing under 
 [illegible] green in N. Carolina under  [illegible] 
enlistment and at Kings mountain,  [illegible] 
green did not command at in the southern 
state until late in 1780, and those 
who fought at Kings mountain were all 
volunteer militia men,  [illegible] alleged  [illegible] in 1775 on the Indian frontier  [illegible]
was not of that character provided for 
under the act of 17 June 1832, it having been in connection with the revolutionary man, 
the applicants name is not found on the 
Virginia roll, in this office; If therefore 
he served as an [illegible] solider he should produce  [illegible] proof as  [illegible] he is required
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In note j in the enclosed private state
the Virginia declaration should be again 
sent to this this office. 

Record Vol 28 P s 155,

Yr John Carr, 
Y R
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27. 237
Nathan Smith 
Indiana 


Mr J. Carr H. R. 
Charlotte 
 [illegible]
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A statement, showing the service of Nathan Smith 

should prove his service  [illegible] note J
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2 
REGULATIONS 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 under 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 possee, or were engaged in guarding particular pieces of property, and were not recognized as being in actual military service.

Four general classes 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 claiming the benefit of this law as officers, ten-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record in 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 }
County of } SS.

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 (c)   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 under the (e) regiment of the     , 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 enlistment, he must specify the particular period, and rank and names of his officers) the country or 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, &c. This form is to be varied so as to apply to the cases of officers and persons so employed in 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  Clerk 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) A. B., a Clergyman residing in the  and C. D. residing in the (same)  , who has hereby certify, that we are well acquainted with the   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 to and subscribed the day 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   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 prove, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the service 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
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3

alleged services, as they are known at the Department. A very full account of the services of each person
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 un-
tempted; and unless, therefore, these are amply and clearly set forth, no favourable decision can be ex-
pected. 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 service.

{To a Soldier.} 6. Did you ever receive a discharge from the service, and if so, by whom was it giv-
en, 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 become of it?

7. State the names of persons to whom you are known in your present neighborhood, and who can tes-
tify 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 in-
quiring 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 in 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 of 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 payment can be made on account of the services of any person, who may have died be-
fore the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration has been required is made, the parties interested will transmit such evidence as they can pro-
cure, 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 fol-
low rule 11.
(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 begore me, the undersigned, a Justice of 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 for the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and then 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, &e. 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 places where the service was performed; that the applicant served with an embodied corps called into service by competent au-
thority; 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 fix 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 pub- 
lic 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 Magistrate is not written on the same sheet of paper which con-
tains 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 us 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 upon the rolls 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 the time to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the wit-
nesses, 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 answer to the interrogatories must not be written, and sent to the War Department, with the declaration.