Revolutionary War Pension and Bounty Land Warrant Application File R 9722, for Ebenezer Smith, Connecticut
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SERVICE   Conn.
Smith, Ebenezer
Elizabeth
NUMBER   R. 9722
b. [born] Oct 3, 1761 at Ridgefield, Fairfield Co. Conn, there at [unreadable]
In 1832 res. of Elmira, Tioga Co. N.Y., d. [died] Apr. 1844
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8312 
New York 
(Doctor) crossed out – just his name-  Ebenezer Smith 
of Tioga, in the State of N. York who was a Private in the Company commanded by Captain Smith of the Reg. commanded by Col. Beardsley in the line for 2 Years
Inscribed in the Roll of N. York at the Rate of 80 dollars - per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 1st day of April 1833 and sent to Th Maxwell  Elmira 
Arrears to the 4th of Mar ‘33    $160 
Semi-anl. allowance ending 4 Sep ‘33| 40 
$200 
{Revolutionary Claim, Act June 7, 1832 }
Recorded by Geo. C. Stiles, Clerk, 
Book E. Vol. 4, Page 31
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39 [?]
Elizabeth Smith
N.Y.
Act. June 17th 44
Ld. April 24th, 44
9722
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Marriages 
During the Ministry of Mr. Secy
Date  Names   Place of Abode
Seventeen Hundred Ninety, April Twenty Seventh;  Eben’r Smith Ridgefield, Eliz’th Bostwick New Preston 
I Service C. Whittlesey Clerk of the Congregational Church in the Parish of New Preston in the County of Litchfield and State of Connecticut do hereby certify that the foregoing is a true copy of the Record of Marriages as kept by the late Rev. Jeremiah Secy former Pastor of said church with the exception of the date which is inscribed on the record in fair legible figures as follows 
"1790 Apr 27" 
Daniel C. Whittlesey Clerk of said church 
I Daniel C. Whittlesey above named do and say that I hold the office of Clerk of the Congregational Church of New Preston in the County and State aforesaid and that the above is a true extract from the records of said church with the exception above named as certified by me Daniel C. Whittlesey Clerk of said church 
Sworn to and subscribed this 25th day of November AD 1844 - Before me 
Frederick Chittenden Just. of Peace
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State of Connecticut 
Litchfield County } ss  Litchfield 
I, Gideon H Hollister Clerk of the County Court of the County and State aforesaid, do hereby certify that Frederick Chittenden Esquire, whose name is attached to the within instrument is a Justice of the Peace in and for said County, duly commissioned and qualified and by Law authorized to administer Oaths, and to take the acknowledgements of Deeds and other Instruments under seal, and that his commission was dated on the 4th day of June AD 1844 and will expire on the 20th day of June 1845. 
Given under my hand and seal of said Court this 28th day of November AD 1844  
Gideon H Hollister Clerk 
Hon A. Davies
HR
Elizabeth Smith 
Tho. Maxwell agent Elmira N.Y.
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Declaration in order to obtain the benefit of the act of Congress of the 17th June 1844 entitled “An act to continue the pensions of certain widows" 
State of New York 
Ontario County ss}    On this 9th day of December 1844 personally appeared before the undersigned First Judge of the County Courts of the County of Ontario in the said State of New York Elizabeth Smith a resident of Geneva in the said County of Ontario aged seventy three years & upward who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the act of 17 June 1844 entitled “an act to continue the pensions of certain widows" and the several acts of Congress & Resolutions of which the said act is an amendment or extension: 
That she is the widow of Ebenezer Smith who was a private in the New York or Connecticut in the war of the Revolution and who was pensioned as such under the act of June 1832 by certificate No 8312 of the New York Pension Roll, bearing date April 1, 1833 at the rate of Eighty Dollars per annum. She refers to the declaration & proofs annexed filed in the case of the said Ebenezer Smith when his pension was allowed at the War Department.  She further declares that she was married to the said Ebenezer Smith in the month of April in the year Seventeen hundred and ninety at New Milford in the County of Litchfield & State of Connecticut by the Revd Mr Day a clergyman resident there and that her maiden name was Bostwick and That her husband the aforesaid Ebenezer Smith, died on the 4th day of April 1844 - that she was not married to him prior to his leaving the service of the United States, but the marriage took place previous to the first of January seventeen
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hundred and ninety four; to wit, at the time above stated. 
Elizabeth Smith
Sworn before me the 9th day of November 1844  Chas. J. Folger First Judge of Ontario County Courts 
State of New York, Ontario County }ss   I, Charles J. Folger First Judge of the County Courts of the said County of Ontario do hereby certify that Elizabeth Smith of Geneva in the said County this day made in my presence under oath the foregoing declaration. That in consequence of her age and the infirmities incident therefore I consider her so infirm as to render it very inconvenient for her to attend the next sitting of the County Court of said County which is held at Canandaigua  a distance of Sixteen miles from her present place of residence; I have therefore in conformity with the regulations of the War Department in such cases, attended at her residence & administered the oath to her as to the truth of the foregoing declaration.   
Chas. J. Folger 
First Judge &c 
State of New York 
Chemung County } ss Thomas Maxwell of Elmira in the County of Chemung being duly sworn says that he has been acquainted with the above declarant Elizabeth Smith for about twelve years past. That he was also well acquainted with her deceased husband Ebenezer Smith, and acted as his agent in the procurement of his pension. That the declarant & the said Ebenezer Smith resided together and were
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reputed to be husband and wife, and that the said Elizabeth Smith above named is the same person whom he knew some years since as the reported wife of the said Ebenezer Smith and that she still remains a widow. Sworn before me Decr 24th 1844  Tho Maxwell B 
B Payne J. Peace of Chemung County 
State of New York   
Chemung County Clerk's Office }
I S. L. Rood Clerk of said County, do certify that B.B. Payne Esq before whom the foregoing affidavit of Thomas Maxwell was made was when the same bears date Justice of the peace of said County duly qualified, and that his signature above subscribed is genuine. Witness my hand and seal of office the 24 day of December 1844 
S L Rood Clerk
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GEO. L. WHITNEY -- Printer.
State of New-York, 
ONTARIO COUNTY CLERK'S OFFICE.}  SS  
 I, Alexander H. Howell, Clerk of said County, do hereby certify, that Charles J Folger Esquire, before whom the annexed instrument was subscribed and sworn, was at the time the same purports to have been so subscribed and sworn a Judge of Ontario County Courts in and for said County, duly elected, sworn and authorized to act as such And further, that I am well acquainted with the hand writing of such Judge and verily believe his signature subscribed to the said affidavit, to be genuine. 
In Testimony Whereof, I have hereunto subscribed my name, and affixed the Seal of said County, this tenth day of  December AD 1844 
R. Murray Jr. Deputy Clerk
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State of New York 
Ontario County ss. }  Ebenezer Smith late of Elmira in the County of Tioga in said State, in addition to his declaration, claiming a pension under the act of June 7. 1832 hereto annexed, doth depose & say (having been previously duly sworn according to law), that in consequence of his advanced age & infirmities, and loss of memory necessarily attendant thereupon, he cannot now state the various to performed by him while in service in the Revolutionary war, but from his best recollection after reflection thereupon, he served in the several years of the war hereunder stated, not less than the Several periods therein mentioned, to wit
In the year 1777 as a private in Capt Olmstead's company  
mounting guard in the Town of Ridgefield 
Three months } 3 months
In the year 1778 as a private in the same company in guarding the town of Ridgefield & the adjoining neighborhoods   Six months } 6 months
In the same year (1778), as a private in the same Company on guard at Norwalk (Conn) 
3 weeks. } 3 weeks
In the year 1779 as a private in the same company when Fairfield was burnt 2 weeks }  2 weeks
In the same year 1779 as a private in the same 2 company guarding Ridgefield and the adjoining neighborhoods  - Six months  } 6 months
In the year 1780  as a private in the same company, guarding the said town of Ridgefield & the neighboring country. Four months } 4
20 months 1 week
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the same year 1780 as a private in a company commanded by Capt Boughton, Lieut Rockwell & Ensign Forrester on duty at Middlesex 
Three months } 3 months   
In the year 1781 as a private in Capt Olmsteads company in guarding the Town of Ridgefield & the county adjoining    four months }  4 months
27 months 1 week
Making in all Twenty Seven & ¼  months service for which he claims a pension: he also states that he never received a written discharge.   
Eben’r Smith
Sworn & Subscribed the 19th day of January 1833 before me  
Horace Pennell J. Peace 
Ontario County ss. I Horace Pennell a Justice of the peace in & for said County do hereby certify that on the 19th day of January 1833 the above named Ebenezer Smith appeared before me & made oath in due form of law to the truth of the foregoing statement- 
Horace Pennell J. Peace
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State of New York 
Ontario County ss }  I Charles Crane, Clerk of the said County do hereby certify that Horace Pennell  before whom the above affidavit was made was on the day when the same is dated a Justice of the peace in & for said County duly commissioned sworn & authorized by law to administer oaths: That I am acquainted with his handwriting and verily believe the signature above subscribed to be genuine.   
Witness my hand & the Seal of the said County the 28th day of January A.D. 1833 
Charles Crane
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Ebenezer Smith's affidavit
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At a Court of Common pleas held at the Court house in the Village of Elmira in and for the County of Tioga in the State of New York commencing on the First Tuesday in September 1832 the same being a Court of record having a Seal and Clerk 
Present  
Hon G. B. Baldwin First Judge 
John R Drake 
Elijah Shoemaker 
Joseph L. Darling 
Darius Bently Esq Judges 
State of New York
Tioga County } ss  Personally appeared in open Court on the 5th day of September 1832 before the Judges above named now sitting Doctor Ebenezer Smith a resident of the Town of Elmira in the said County of Tioga who being duly sworn according to law doth on his oath declare in order to obtain the benefit of the act of Congress passed June 7 1832.   
That he is of the age of Seventy years and upwards; that he resided during the Revolutionary war in the town of Ridgefield in the County of Fairfield & State of Connecticut:   That sometime in the year 1777, he was enrolled in a company of militia in Ridgefield of which David Olmstead was Captain, Job Smith the Lieutenant, and John Keeler Ensign, and continued in the same during the year 1777, 1778, 1779, 1780 & 1781. That the County of Fairfield from its vicinity to the coast was subject to alarm & agitation from the inroads of the enemy who could approach the coast by Sea, & from frequent attack from Tories & British troops who were in force on Long Island from whence they made constant irruptions for the purpose of plundering, burning & committing depredations along the seaboard. The frequency of such attacks required the militia to be in service or on guard the greater portion of the time and the company to which the deponent was attached, was always actively engaged when necessity required. The deponent in addition to his services in Ridgefield was frequently out with the said company at various points where aid was necessary
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He was present at a skirmish on the 27 April 1777 when there was a skirmish at Ridgefield: between a party of British Troops & the militia under Col. Benedict Arnold; he was then in Capt Olmstead's Company in a Regiment at that time commanded by Col Beardsley. He was at Norwalk in the month of March 1778 as he thinks, in consequence of the British having taken possession of Norwalk Island, & was the on guard two or three weeks; he was also out with his said company when Fairfield was burnt & when the depredations were committed at Greenfield & Green's Farms in July; from there the company was ordered to Norwalk where after remaining a short time they were ordered to return to Ridgefield as the enemy were supposed to contemplate an attack. They proceeded in that direction as far as Poundridge where they had a skirmish with Sheldon’s horse.   During the said year 1777, 80 - 81 the Company under Capt Olmstead were under orders the greater portion of the time and could engage in no permanent business; they were much employed as guards in the town & frequently out in short expeditions as alarms took place.  Alarm guns were generally fired on Stebbins Hill in the said town and the company immediately repaired to the house of Timothy Keeler near the Presbyterian Church, which was the place of rendezvous.   The necessity for a guard in the town continued until near the close of the war. In the year 1780 a part of the said Company in which he performed military service was required to march to Middlesex where there was alarm in consequence of a party of British & Tories having proceeded from Long Island & taken possession of an Island near Middlesex. That men for three months service (as he believes) were required at that time, the company submitted to a draft for the number & time required. The deponent was one among the drafted and marched with the others to Middlesex a village
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between Norwalk & Stamford) in a company commanded by Capt Boughton of Danbury, Lieut James Rockwell & Ensign Forrester, where he continued until he was regularly discharged, at the expiration of the term of service required that he does not now recollect & therefore cannot now detail, all the particular times in which he was called out, except a few prominent events which remain in his recollection & are detailed above. From the frequency of the calls however, & the time employed at Ridgefield & of elsewhere, he has no doubt, & so states, that from 1777 to the close of the war he performed more than two years Service.   
In answer to the questions propounded by the War Department he says that he was born at Ridgefield, Connecticut on the 3d of October 1761; that the record of his birth was kept by the Clerk of the said town, and an extract from it is contained in the affidavit of Samuel Stebbins hereto annexed who is the Clerk of the said town; and the record in the Deponents Bible agrees with it. That the only person now living who served with him (that he recollects) is Samuel Stebbins Esq of Ridgefield whose affidavit is annexed. The only surviving officer whom he served under (Lieut Job Smith) died a short time since, as he has learned by a publication in a Litchfield paper.   
He has no documentary evidence of his services. That he continued to reside in Ridgefield until the year 1787, when he finished his medical Studies & removed to the County of Dutchess N.Y. where he remained about two years, & thence to Westchester County N.Y from whence in March 1791 he removed to New Preston, Litchfield County, Conn, where he continued until 1826 & removed to Oswego in New York from which latter place in December 1829 he removed to his present residence in the said Town of Elmira.  
He refers to the Hon G B Baldwin, Joel Jones and Elijah Jones of the said Town of Elmira for his reputation as to truth & veracity & their belief of his revolutionary services.
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the officers whom he knew in service were Gen Waterbury, Col. Sheldon & Col. Arnold.   
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 State 
Eben’r Smith
Sworn & subscribed the day & year aforesaid
 Green M Tuthill Clk 
On the  day & year aforesaid personally appeared before the Judges above named Reuben Barber of Catlin in the said County of Tioga aged Seventy seven years & upwards who being duly sworn says that he recollects many of the events related in the above declaration of Dr Ebenezer Smith: that he lived in Ridgebury in the town of Ridgefield above mentioned: that he well recollects the company commanded by Capt Olmstead, Lieut Smith & Ensign Keeler during the war & knows that the company performed a great deal of service, being minute men: that he was himself in service at Middlesex in 1780 when Capt Boughton, command above mentioned was there in Service, that he remembers Ensign Forrester & Lieut Rockwell were officers in Capt Boughtons Company: that when so in service at Middlesex he was in Capt Sean's company of militia. That he recollects Saml Stebbins Esq of Ridgefield whose affidavit is hereto annexed, 
Reuben Barber
Subscribed & sworn the day & year aforesaid 
Green M Tuthill Clk
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We Simeon R. Jones a Clergyman residing in the Town of Southport in the said County of Tioga and James Robinson Esquire residing in the town of Elmira in said County do hereby certify that we are well acquainted with Doctor Ebenezer Smith who has subscribed & sworn to the foregoing declaration: that we believe him to be of the age of Seventy that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.   
Simeon R. Jones 
James Robinson
Subscribed & Sworn the day & year aforesaid
Green M Tuthill Clk 
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories required 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 Simeon Jones who has signed the preceding Certificate is a Clergyman, resident in the town of Southport & that James Robinson Esq. who has also signed the said certificate is a resident of the town of Elmira in the said County is a credible person and that their statement is entitled to credit. & also Reuben Barber the witness above named.   
J. B. Baldwin First Judge 
I Green M. Tuthill Clerk of the Court of Common pleas above named do hereby certify that the above are the original proceedings of the said Court in the matter of the application of Ebenezer Smith for a pension.   Witness my hand & the Seal of the said Court the 4th day of September 1832 
Green M. Tuthill Clk – 
[unreadable] Sept 6 1832
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Eben’r Smith
Post office Elmira N.Y. 
Care Tho Maxwell Agent
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State of New York 
Steuben County ss}  Nehemiah Sherwood of the Town of Bath in said County aged Seventy one years & upwards being duly sworn deposeth & saith that he is well acquainted with Doctor Ebenezer Smith now of Elmira in the County of Tioga in said State; that he knew the said Ebenezer Smith during the Revolutionary war, in the Town of Ridgefield in the State of Connecticut: That the said Smith was in the service during the war, that the State of alarm in Ridgefield & the neighborhood towns during the war, in consequence of their vicinity to the sea coast, and the frequent landing of British Troops & tories to commit ravages in the neighborhood, was so great that the militia were kept in service & in readiness the greater part of the time that he recollects on one occasion, the said Ebenezer Smith was drafted. That after the war, he always understood in the neighborhood, that the said Smith was considered as a Revolutionary soldier; that his reputation for truth & veracity was good & from his own knowledge of Mr Smiths services & the character he always sustained the deponent would place implicit reliance in his statement.  
Nehemiah Sherwood
Sworn & subscribed the 6th day of Sept 1832 before me 
B Hanks J.P. 
I Brigham Hanks Justice of the peace in for the County of Steuben aforesaid do hereby certify that Jeremiah Sherwood who has this day made & subscribed the foregoing affidavit before me, is in my opinion a reputable & disinterested witness, and that his statement is entitled to credit - Sept. 6. 1832 B Hanks J. Peace
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State of New York 
Steuben County ss }  I David Rumsey Clerk of the said County of Steuben do hereby certify that Brigham Hanks Esquire - before whom the foregoing affidavit of Nehemiah Sherwood appears to have been made was when the same bears date a Justice of the peace in & for said County duly commissioned Sworn & authorized to administer oaths & that full faith & credit are due to his official acts. That I am acquainted with the handwriting of the said Justice & verily believe the signature of "Brigham Hanks” subscribed to the foregoing affidavit & the certificate to the same are are genuine & in the proper handwriting of the said Justice.   Witness my hand & seal of office at Bath the seventh day of September 1832.  
David Rumsey 
[unreadable]
Nehemiah Sherwood
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Ebenezer Smith
8425
Post Office Elmira N.Y.
Care Tho Maxwell agent
Admd [admitted]
2 years
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Ridgefield 12 August 1832.
Dr Smith 
Dear Sir I recd your letter dated the 7th Inst and I hasten to comply with your request therein contained, so far as my recollection enables me to do.  Attached to this communication is my affidavit which you can sever if it will be of any service to you and happy should I feel myself if my recollection would enable me to more for you. When the enemy came through this Town on their return from Danbury my father sent me with horse loaded with his best effects to South Salem, and of course, I knew nothing of your services at that time. The Tour when Fairfield was burnt, I have noticed in my Testimony. When Norwalk was burnt I was unwell and consequently staid at home. When the Presbyter Chh [church] he was burnt at Poundridge our company was called out and we pursued the enemy as far as North Castle, but do not now recollect that you was with us. The time you was with me on Middlesex is noticed in my affidavit. The three months which you mention and your service of two of them, I have no recollection of.   The three months service which you mention performed at Middlesex in 1780 I could have no knowledge of as I was that year in the Continental Army in New Jersey, and did not return home until about the first of December. I will name to you a number of applicants for Pensions living in this Town, most of whom you must remember, and perhaps some one or more of them were on duty with you. They are Messrs Riah Nash, Thos Hawley, Elisha Hawley, Matthew Keeler,  Matthew Olmsted,  Alex’r Resseguie, Gamaliel Benedict, Thos Mead, Azariah Smith,  Joseph Gray,  James Abbott,  Benj’n Lymes, James Northrop, Jacob Resseguie, Jonathan Sherwood, & Thomas Sherwood.  Should you recollect to a certainly that one or more of the above named persons were with you, their affidavits might probably be obtained. You will perceive that my Deposition is sworn to before Jesse S. Bradley Esq. one of the associate Judges of the County Court for Fairfield County, and a certificate of the Clerk of said Court and sealed with the seal of said County certifying that said Bradley is an associate Judge of said Court has been forwarded to the Secretary of War at Washington. I mention this that if necessary you can refer the Secretary to said Certificate.   
The health of my family remains good, and they desire to be remembered to you and yours.  Mr. Amos Smith & his family,  Mrs Platt, and all your other connexions in this Town enjoy health. The Cholera has not visited us as yet and may God preserve us all from its deadly ravages. 
You mentioned to me in your last a Mrs Benedict and I presume you meant the widow of Abijah Benedict, If so please if you have opportunity to present my best respects to her and to her children and say to them I have not forgotten them, and I wish them prosperity and every earthly blessing. If I can be of any further service to you, I will do it with pleasure: 
Your friend in sincerity & truth 
Samuel Stebbins.
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I Samuel Stebbins of the Town of Ridgefield in the County of Fairfield, and State of Connecticut, aged sixty nine years, being first sworn as the Law directs, do depose and say, that from childhood have been acquainted with Doctor Ebenezer Smith, formerly of said Ridgefield, now of the Town of Elmira in the County of Tioga and State of New York. That until after the close of the Revolutionary War he lived with his Parents distant from the house in which I was born and in which I now reside not more than sixty rods. That I have examined the Publick Records of the Town of Ridgefield now in my possession on do find his Birth therein recorded in the words and figures following, viz. “Ebenezer the son of Ebenezer and Hannah Smith was born October ye 3d 1761,”  That his name was enrolled in the Militia company in said Ridgefield and he performed military duty in said company. That my name was enrolled in said company at the age of sixteen years, and said company was then commanded by Captain David Olmsted. That in the years 1778, 1779, 1780, and until about the close of the war, the company to which we both belonged were frequently called out on alarms to meet the enemy who were plundering, burning, and committing depredations on the sea coast in the County of Fairfield, and this Deponent verily believes the said Ebenezer was ever ready and did turn out and march with the company whenever these alarms were made. That at the time the Town of Fairfield was burnt by the Enemy. this Deponent recollects said Ebenezer was one with himself and others, who went to meet them. That in the year 1779 if his memory is correct, in the spring of the year, the said Ebenezer with this Deponent and others belonging to the company were called out on an alarm. marched to the will in the Town of Norwalk, and were there stationed on Guard for the term of two weeks or more, That in the fall of the year of 1781 in the month of October as this deponent verily believes, he the said Ebenezer was one of a company with this Deponent, which company were stationed in the Parish of Middlesex (since a Town by the name of Darien) and under the command of a Captain Boughton of Danbury, Lieut James Rockwell, and Ensign William Forrester. That the said Company were stationed and did duty for the term of one full month at five mile river in said Middlesex, and further that at the several times when the said Ebenezer & this deponent were in the service together, he the said Ebenezer performed his part like a faithful soldier and was honorably dismissed or discharged. 
Samuel Stebbins 
State of Connecticut 
County of Fairfield ss}  August 11th AD 1832  
Be it remembered that on the day and year above written personally appeared Samuel Stebbins well known to me and whom I certify to be a person of truth and credibility and made oath to the truth of the facts stated in the foregoing deposition by him subscribed in my presence  
before me Jesse S. Bradley Justice of and associate Judge of County Court Fairfield County
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State of Connecticut 
Fairfield County } ss I Thomas B Osborne Clerk of the County Court within and for the County of Fairfield in said State of Connecticut, do hereby certify that Jesse S. Bradley Esquire, whose own proper signature known to me to be genuine is annexed to the Certificate on the other side hereof is now & was at the date of his said Certificate an associate Judge of said County Court for Fairfield County and also a Justice of the Peace for said County duly commissioned and in either capacity duly authorized to administer oaths & take depositions.   In testimony whereof I have hereunto set my hand & affixed the Seal of said County Court in Fairfield this 26th day of December AD 1832.   
Thomas B. Osborne Clerk said County Court
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W. H. Smith 
Oct 29th 1853  
Relative to the payments of a Pension to the widow of Ebenezer Smith a deceased Pensioner
Respectfully referred to the Department of the Interior War Dept Nov 3/53 
Respectfully referred to the Commr of Pensions for reply 
Dept Intr Nov 5/ 53 }  Geo C. Whiting 
Chf Clk
Ack. Refer to Com for reply 
C. C. 
Pritchett 
4 Mar 1853
Page 27

Hon Jefferson Davis 
Dear Sir  - will you be so kind as to inform me whether there is being paid a pension to the widow of Dr Ebenezer Smith who recd a pension for a numb of years as a minute man in the Revolutionary war & supposed his widow would get the same.   
When he first received his pension he lived in Elmira Chemung Co NY.   
If you will inform me you will oblige me very much.   
It may not be amiss to say to you that the Reason of my asking is we endeavored to get it & our agent said it could not be got & I have been
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informed that it might be possible that he was drawing it for himself.  Yours Respectfully  
W H Smith 
Geneva Ontario Co NY
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39  
Elizabeth Smith N.Y 
Suspended 
Let to Hon A. Dana Jany. 6 ’45 NY
Let to Harvey Smith 3d Aug ‘45 
Let to T. Maxwell Aug 1 / 9
Let to W H. Smith 8 Nov 53
June 17 ‘44
Page 30

New Haven July 20. 1832 
Thos Maywell Esq. 
Dear Sir, 
I rec’d yours of the 9th two days ago, & have called on Dr. Day with your letter. Neither of us is acquainted with any tradition in N. Preston respecting Dr Smith's services during the war of the revolution. So far as I know, no man in New Preston sustained a fair character for truth & veracity than Dr. Smith. I am intimately acquainted with him, & regard him with respect & affections.    
Yours Respectfully 
C. A. Boardman 
Dr. Day will say the same thing in regard to the character of Dr. S.
Page 31

Utica July 11, 1832 
T. Maxwell Esq 
Dear Sir 
Yours of the 9th inst has just came to hand. In reply I have to say that I have no recollection of the tradition to which you refer, relative to Dr. Smith. The fact that he served in the Connecticut Militia during the war of the Revolution may have been stated in my hearing; but if it was, the impression is now entirely effaced from my memory. 
During the period of my residence in New Preston I was familiarly acquainted with Dr Smith. He was a worthy member of the Church, of which I have the pastoral charge. He was my family physician, and a neighbour. His character, as a man of integrity and uprightness, was unimpeachable  and as a prudent, Judicious & skillful Physician, he was highly esteemed.   
It would give me pleasure to afford
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to Dr Smith every aid, in my power, to attain so important an object as a just remuneration for services rendered in the defence of our beloved country. 
Be so kind as to present to Dr Smith the affectionate regards of Mrs Whittlesey and myself. 
Respectfully yours 
Samuel Whittlesey
Page 33

War Department 
Pension Office 
Nov 27th 1832 
Sir
I return you the papers in the case of Ebenezer Smith.  He should detail as far as his recollections will enable him, the several tours of his service, when he entered and left it. To allege an aggregate period composed of various terms of service is objectionable. The data upon which such an allegation is founded, should be before the department, for the purpose of testing the accuracy of it. The testimony should be duly certified to be credible, and the seal of the Clerk should accompany his certificate of the official character and signature of the magistrate. The witnesses should give a detailed statement of the several facts they are able to verify, instead of the indefinite affirmation of the truth of many of the events related in the declaration. 
I am Respectfully 
Yr Obt Svt
J.L. Edwards
Thomas Maxwell Esq 
Elmira N. Y.
Page 34

REJECTED 
9722 
Elizabeth Smith 
Ebenezer 
1-5
Page 35

Comptrollers Office, Connecticut 
Hartford June 16 1835 } 
On application for evidence of the service of Ebenezer Smith in the war of the revolution, I certify that I find no payroll of the officer under whom it is alleged Ebenezer Smith served, remaining in this office.   I find however an acct of the services of Capt. Olmsted and Capt Bouton as Capts in the revolutionary war.   
Under date of May 1775 is this entry in pay Table journal Capt David Olmsted Dr. 
To order on Treasurer to raise his Co in Col Meads Regt & acct for Recpt  }  £50 
March 3. 1779 is the following 
To order on Treasurer Capt David Olmsteds payroll  for his Co. Enos Botton, 78379} 3027.8.7
In Haskells receipts under head of expense of Post at Greenwich, I find the following 
1779 March 3 Capt David Olmsted  Post at Greenwich 433.8.3 specie value
1780 March 22 Capt David Olmsted Post at Greenwich 202.14.7  specie value
1781 June 20 Capt David Olmsted Post at Greenwich  1,839.141.10 State money 
1781 June 4 Capt Daniel Bouton Post at Greenwich  77.17.1 state money  
A Carrington, Comptroller
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[stamp] ELMIRA NY JUN 23
June 26 1845
[unredable]
Wid. Eben’zr Smith
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Elmira NY 
21 June 1845 
Sir
In your letter of Jan 6th 1845 in reference to the claim of the widow of Eben’r Smith on require proof of the service of E Smith from the records of Connecticut.
I forward the certificate of the Comptr shewing what remains of record in his office in reference to the service of Capts Olmsted & Boughton 
Yours &c
Tho Manwell 
J. L. Edwards Esq
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Geneva N.Y. May 16/45 
Hervy Smith 
Pension for his mother 
Feb 8 Rec May 21 15 
Pension Office 
Mrs Smith wid Hervey N.Y
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Geneva Ontario County N.Y  184 
16th May 1845 
Hon Wm L. Marcy 
Secretary of War 
Dear Sir 
In behalf of a widowed mother of advanced age I presume to address regarding her claim to the pension of deceased husband Ebenezer Smith.   
The Hon. Thos Maxwell has the matter in charge as all and has recently notified us of an objection raised by the Commissioner of Pensions as follows "That the date of the Marriage is sufficiently established, but the service requires to be established by the certificate of the Comptroller of Connecticut. He says he served under the above named officers 3 months in 1777; 6 months in 1778; two weeks in 1779; 6 months in 1779; in 1780 4 months; 3 months in 1780  under Capt Boughton and 4 months in 1781 under Capt. Olmsted.  The name of Ebenezer Smith is not found on the Roll of Capt Olmsted in 1778, the only roll of that Officer in this office which discredits the whole of the allegations of service and renders additional proof necessary.”
That additional proof of service should be be required at this time would certainly indicate a loss of the original testimony or a change in the pension laws since E Smith first obtained the benefit of his service, under Genl Jacksons administration with Governor Cass at the head of the war department, as no person would charge those gentlemen with lack of diligence or integrity in the administration of their several duties, and had you have known my father Ebenezer Smith you would be equally unwilling to charge him with willful misrepresentation in the premises, however strongly interest might prompt such a course in his part. That an apparent discrepancy may occur with regard to the name
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of the particular officers under whom he served is to me not very surprising as I will know that until the act was passed granting pensions to men of property, my father never expected a pension from his Country and only that extremely severe reverses overtook him he would not have asked this "rightful Boon”, even when he did, for motives of patriotism, would have deterred him, but under no circumstances of poverty or oppression could be have been induced to make a false statement to his country's officers, even to save his own, or the lives of his own family. of the truth of this I would pledge my life.  
In childhood I have heard him "fight his battles on" and recapitulate events of the "Old War” even in his days of firm manhood, and often who others were present and would have exposed on of falsehood or misrepresentation.  Temperate, firm and unassuming; he enjoyed the confidence of a very large circle of acquaintances, and friends by industry in his profession (that of M.D.) he acquired a handsome competence, which was lost on the altar of friendship.   Then and not until then could he have been induced to ask from the government which he had aided in bringing into existence the small annuity which a large majority of the nation had declared due her founders and defenders. He obtained this and I am happy to say enjoyed it many years in life and at his death bequeathed it as his all to his Widdow to aid her through an infirm old age at even this should be taken from her or the by heavy Expenses in the shape of lawyers fees and Examination fees would seem to me uncontemplated by the act granting widdows the pensions of the deceased husband, and highly unjust on the part of our Country.   Thrown upon this bequest and a small income bid for support, should the pension be witheld it will throw her upon the hands of those who however willing, ought not to be her supporters whilst
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the country by its own voluntary acts acknowledge indebtedness to her for that same support.  
That she will suffer is not very probable, but even had she her thousands it does not distroy her claim for this moiety. Earned, and richly earned by her husband and by his deceased left her (thanks to our countrys justice) as a strong and unfailing source of support I have taken a right view of the subject.  I am fully in the belief that the department over which you preside, will reconsider the case, or perhaps ere this you may have found all the testimony which would under any circumstances be required, but in no case can I find reason to doubt the faithful Examination of Officers at the first obtaining of my fathers pension, and knowing him, I do know and most solemnly aver that could officers have been duped his honesty and patriotism would have spurned the receipt of one cent of money from the country he so well loved and laboured so hard to establish.  
With these remarks I will close this Epistle, with our only wish & that is that you will reexamine the matter and testimony, and do according to justice & as the furnishing the testimony with attending fees &c &c. will rend the obtaining of her right of no possible benefit to her for his. 
I am Sir Respectfully Your Obt Servant 
Hervey Smith 
An answer is respectfully and earnestly so solicited on the subject
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[stamp] GENEVE NY MAY 17
Free
Honl Wm L. Marcy
Secretary of War
City of Washington Dist Columb