Revolutionary War Pension and Bounty Land Warrant Application File W. 2635, for Darby Smithhart, South Carolina
Page 1

(3 - 1776)

SERVICE
S. C.

Smithhart, Darby,
Dorcas

NUMBER
W. 2635
B.L.Wt. 26941-160-55
Page 2

Eastern Tennessee [the word Kentucky is crossed out]
Darby Smithhart
of Whitley Co. in the State of Kentucky who was a private in the company commanded by Captain Moultre [Captain Thomas Moultrie] of the regt commanded by Col. [Francis] Marion in the S. Carolina line
for six months
Inscribed on the Roll of Kentucky 
at the rate of 20 Dollars -- Cents per annum, 
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of February 1836 and Sent to Hon P. Williams, H.R.
Arrears to the 4th of Sept 1835 $90.--
Semi anl. allowance ending 4 March 36 10. = $100.
Revolutionary Claim Act June 7, 1832
Recorded by Wm S Allison Clerk 
Book C2 Vol. 7 Page 45

Paid at the Treasury under the act of the 6th April 1838 from 4 Sept 1837 to 4 Sept 1838
Agt Notified 3 July 1839
Paid as above from 4 Sept 1838 
to the 4 Sept 1839. Agent Notified 
4 Sept 1840
Cir to Pension Agt & Letter to T. J. Campbell 10 Decr 1841
To East Tennessee from 4 Septr 1840 - 23 Decr 1841. Notification to Hon T. J. Campbell H. R.
Paid as above from 4th Septr 1840 
to 4th Septr 1841. Agt notifd Septr 1st 1842
Page 3

99.763
Mch 2/55 - Apl 26/55
Dorcas Smith hart, wid of
Darby Smith hart Decd
Priv
Rev War
No 26941 issd May 7/56
Pensioner
Ky  Feby 53    2272
Ad:160 Acres May 21 / 56
Boynton
M
P.H. Eastham
Mt Vernon Ky

Cir PH Eastham Decr 10/55
Vol S 1. page 155.
Page 4

No. 2272
Kentucky
Dorcas Smith hart
widow of Darby Smith hart
who served in the Revolutionary war,
Private S C line
Lexington agency.
Rate 96 Dollars _ cents per annum.
Commencing July 27 1868,
[illegible]
Certificate dated May 24, 1869
and sent to Jackson Mc [illegible]
Whitley Ky
Recorded on Roll of Pensioners under act February 3, 1853, Page 133 Vol. H
1868
Page 5

2272
Kentucky,
Dorcus Smithhart
widow of Darby
who served in the Revolutionary war
as a Private
Inscribed on the Roll at the rate
of 20 dollars 00 cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued 4 day of Oct., '53, and sent to W. L. Cook
Whitley  C. H., Ky.
Recorded on Roll of Pensioners under act February 3, 1853, Page 177 Vol. A

1868 Nov 17    Letter to claimant   
In. application
Page 6

State of Kentucky Whitley County Court set
On this twenty first day of February AD one thousand eight hundred & fifty three personally appeared before the Judge of the Whitley Country Court in open court Darcas Smithhart a resident of Whitley Court House in Whitley County p State of Kentucky aged fifty eight years who being sworn according to law doth make on her oath the following declaration in order to obtain the benift of the provisions of the Act of Congress passed the 3rd day of Febry 1853 that she is the widow of Darby Smithheart who was a pensioner at the rate of twenty dollars per year that he the said Smithhart resided at the time he was allowed a pension is placed on the pension rolls in Whitley County in the State of Kentucky is that he the said Smithhart drew his pension at Knoxville in the State of Tennessee 
      She further declared that she was married to the said Darby Smithhart on the on the 6th day of September in the year in the year eighteen hundred & thirty seven that her husband the said Darby Smithhart died on the seventh day of July Eighteen hundred & forty six that she was married to him at the time above stated she further swears that she was a widow at the passage of the act & is still a widow & that she has never before me as application for a pension
s/ Dorcas Smithhart

State of Kentucky Whitley County Court} the above named Dorcas Smithhart this day subscribed & swore to the above declaration in open court before me John Smith presiding judge of said court & I certify that I am well acquainted with the said Dorcas Smithhart & that she is the widow of said Darby Smithhart & that he died  on or about the 6th day of July 1846 & that he was a Revolutionary pensioner  & I certify that I have no interest in said Pension this day & date above written.
John Smith PJ WC

State of Kentucky Whitley County Court } I hereby certify that John Smith Esqr before whom the foregoing declaration was made & who has thereto subscribed his name was  at the time of so doing Presiding Judge of the Whitley County Court 
duly commissioned & sworn
In testimony whereof I have hereto set my hand and affixed the seal 
of my office as Clerk of the Whitley County Court at office in the town of 
Williamsburg this 25th day of July 
1853
John P Lye [illegible]
Page 7

State of Tennessee 

I William Carry Clerk of the County 
Court of Campbell County do hereby certify that 
I have searched for the record
of the marriage license of Darby Smithhart and Dorcus Smithhart and cannot find any record of the marriage in the office of the 
County Court of said County
In testimony whereof I have 
hereunto set my hand and 
affixed the seal of our said 
Court at office in Jacksboro 
this 21st day of July 1853
s/ William Carry Clk
Page 8

State of Kentucky } 
County of Whitley } Sct

The deposition of Jesse Walker before Isaiah Bird a Justice 
of the Peace for Whitley County to be read as evidence in behalf of Dorcas 
Smithhart who is now an applicant for a pension as the widow 
of Darby Smithhart under the provisions of the act of the 3rd 
February 1853 taken at the clerk's office in the town of Williams
burg the deponent being first duly sworn according to law 
deposeth & saith that he is seventy years old a resident 
of Whitley County & that he is acquainted with Dorcas 
Smithhart who is now an applicant for a pension That 
she is the widow of Darby Smithhart who was a pensioner, 
that he was present & saw them married in Campbell County 
in the State of Tennessee at the house of Michael Broils 
That they were married on or about the 6th day of 
September 1837 That the said Michael Broils who 
was a minister of the gospel married them & 
that the said Dorcas Smithhart is now a widow 
& That he has interest in her claim for a 
pension And further deponent saith not
Jesse Walker
Page 9

The deposition of William Rains taken at the same time & 
place & for the same purpose the deponent being first duly 
sworn according to law deposeth & saith that he is 
now fifty five years old a resident of Whitley County 
& that he is well acquainted with Dorcas Smithhart 
who is now an applicant for a pension as the widow of 
Darby Smithhart who was a pensioner. That he saw them 
married that they were married in Campbell County 
in the State of Tennessee at the house of Michael Broils on 
or about 6th day of September 1837 he does not recol
lect the exact date of the marriage that they were 
married at the date of his death & that the said 
Dorcas Smithhart is now a widow & has remained 
a widow ever since his death he further states that 
said Smithhart first drew his pension at Lexington 
& then is was changed & he afterwards drew it at 
Knoxville agency in the State of Tennessee That 
the said Darby Smithhart departed this life on 
or about the 7th day of July 1846 that he has 
no interest in the claim of the said Dorcas Smithhart 
for a pension And further deponent saith 
not William Rains

The deposition of Richard Woods taken at the same 
time & place & for the same purpose the deponent 
being first duly sworn according to law deposeth 
& saith that he is forty two years old a resident 
of Whitley County & State of Kentucky That he was well 
acquainted with Darby Smithhart & Dorcas Smithhart 
his widow that he knows they were legally married 
That he was present & saw them married That they 
were legally married by Michael Broils a minister 
of the gospel he was also a Justice of the Peace for Campbell 
County he does not know in which capacity he
Page 10

acted when he married them That they were 
married at the house of the said Michael 
Broils in Campbell County in the State of 
Tennesse on or about the 7th day of 
September AD 1837 he further states that 
the said Darby Smithhart was a reputed 
soldier of the Revolutionary war & that 
he drew a pension That his pension 
was drawn at Knoxville in the State of 
Tennessee He further states that the 
said Dorcas Smithhart is now the widow 
of Darby Smithhart That she lived with 
[repeated: with] him at the date of his death 
& was recognised [recognized] by him as his wife 
& that the said Darby Smithhart dep
arted this life at his residence on the 
farm of Thomas Adkins in Whitley County 
in the State of Kentucky on or about 
the 6th Sixth or Seventh day of July (AD 1846) 
eighteen hundred & forty six He further 
states that the said Dorcas Smithhart 
who is now an applicant for a pension 
has remained a widow ever since & 
is now a widow & that he has no in
terest in her claim for a pension
And further deponent saith 
not Richard Woods

State of Kentucky }
County of Whitley } Sct

The foregoing depositions of 
Jesse Walker, William Rains & Richard Woods 
was taken subscribed & sworn to before me 
the day & date above written & I certify
Page 11

that I am well acquainted with Dorcas
Smithart & was also acquainted with
Darby Smithart who was a pensioner & I believe the statements of the above named deponents are true. given under my hand this 7th day May
1853 & I certify I have no interest in
said pension. s/ Isaiah Bird JP

State of Kentucky County of Whitley
I John Smith presiding Judge of the Whitley County Court do certify that I am well acquainted with Richard Woods, Jesse Walker & William Rains whose depositions are hereto annexed & that their statements
are entitled to credit & that I believe their statements. that I am well acquainted with Dorcas Smithart who is now an applicant for a pension that she the widow of the said Darby Smithart & I further certify that her husband the said Darby Smith hart drew a pension, that they lived together as man & wife & that satisfactory testimony has been
produced to me that they were legally
married by Michael Broils at the
date set forth in her petition. that I
was well acquainted with the said
Michael Broils & know that he
was a minister of the Gospel & legally
authorized to celebrate the rites of Matrimony. Given under my hand this 24th day of July 1853 
s/ John Smith PJWC
Page 12

[duplicate of previous page 11]
Page 13

State of Kentucky Whitley County at
I John P Lye clerk of the court aforesaid do certify that Isaiah Bird whose genuine signature appears to the foregoing certificate was at the time of so doing an acting Justice of the Peace duly commissioned and qualified according to law that all his official acts are entitled to full faith and credit, that the aforesaid court is a court of record having general jurisdiction
Given under my hand & seal of office this 25th day of July 1853
John P. Lye esq.
Page 14

State of Tennessee McMinn County⎬ On this eighth day of November eighteen hundred and forty one before me the subscriber, a justice of
the peace for the County of Mcminn aforesaid personally appeared Tyree Lawson a Citizen of the County of Mcminn aforesaid, with whom I am personally acquainted and who is a man of veracity. and who being
first duly sworn declares upon oath
that he is and has been well acquainted with Darby Smith hart for many years, the person who has taken the foregoing oath, for a transfer of his pension from
Kentucky to Tennessee and that
he is the identical person described in
the affidavit as being on the pension
roll of Kentucky- 
Tyree Lawson X his mark
Sworn & subscribed to before me the day and year aforesaid
s/ J. McGaughy Justice of the peace

State of Tennessee McMinn County⎬ I Thomas Vaughan Clerk of the
 County Court for the County and
State aforesaid do certify that John McGaughy Esqr whose name appears to the within affidavits is now and was at the time signing the same an
acting Justice of the peace duly commissioned and qualified for said County of Mcminn and that all his official acts are entitled due faith
and credit and that his name appears to be in his own proper hand writing
given under my hand and seal of
Office at Office in Athens this
13th day of November 1841
s/ J. Vaughan Clerk
McMinn County Court
Page 15

State of Tennessee McMinn County ⎬ I A. Stover Chairman of the County Court of Mcminn County & State aforesaid do certify that Thomas Vaughan whose name appears to the within certificate is the Clerk
of the County Court of said County and the seal is the seal of said office
and all his official acts are entitled
to due faith a Credit given under
my hand & seal this 13th day of Nov
1841
s/ A. Stover Chairman of the County
Court of McMinn County
Page 16

State of Tennessee McMinn County ⎬
On this eight day of November eighteen hundred and forty one, before me the subscriber, a Justice of
the peace in and for the County of McMinn aforesaid, personally appeared Darby Smith hart, who on his oath declares that he is the same person who formerly belonged to
the Company commanded by Captain
[Thomas] Moultrie in the Regiment commanded by Colonel [Francis] Marion in the service of the United States that his name was placed on the pension roll of the State of Kentuckey, from whence
he has lately removed; that he now
resides in McMinn County Tennessee
where he intends to remain and
wishes his pension to be there payable in future-- the following are his reasons for removing from Kentucky - to wit
Because he is very old and feeble
and having near relations in McMinn
County Tennessee, he came to reside
with one of them hoping to receive
kindness and attention from their
hands in which he has not been
disappointed. 
Darby Smithart X his mark
Sworn and subscribed to before me the day and year aforesaid
s/ J. McGaughy
Justice of the peace
Page 17

allow for
six months.
$20
Page 18

State of Ky Whitley County
On this day of June 1835 personally
appeared in open Court, before the Hon Joseph Eve, Judge of the 15 Judicial Circuit in Ky, Darley Smithhart, a resident Citizen of said
County, aged being born the 22 of Octr 1759  who being duly sworn upon his Oath make the following declaration in order to obtain the benefit of of the provissions
made by the act of Congress passed June 7 1832. That in the forepart of August before the defeat of General
Nash [John Ashe] at Brier Creek in Georgia, he enlisted in Craven (then called) County in South Carolina betwixt the Pedee Rivers in the company commanded by Captain
Thomas Moultrie (brother to the General) for three years on Continental establishment in the 2nd
Regiment in the South Carolina troops commanded by Colonel Francis Marion (General Marion
afterwards) for the term of three years. After he enlisted he was marched to Sullivan's Island about 7 miles from Charleston South Carolina where he was stationed till in march, when Major Peter Orea or Olie [Horry], was detached with a force of about 150 men to go to reinforce our troops at Purrysburg on Savannah River, three days before we reached there General Nash [Ashe] was defeated and he met some of the retreating troops. He was then marched back
towards Charleston and was pursued by the British, many gave out, some were captured, but he escaped and returned home to where he was enlisted, and joined
Page 19

the [company of] Capt. Henry
Council, whom he was under when he enlisted, and was then in service in the militia of the State of South Carolina. When he returned Captain Council was still in a like service appointed him a Sergeant of his Company in the Regiment commanded by Colonel Culp, then in the service of the State in Militia. Culp was afterwards killed by the Tories & his house burnt. He served under Council six months and upwards, when the Tories burned his house and he quit his command and moved to Virginia as was understood through fear. Daniel Sparks was Lieutenant
and assumed the command of the Company and he served under him till near the close of the War in the Regiment commanded by Major Morris Murphy who rose to the Colonel [Lieutenant Colonel Maurice Murphy] when Culp was killed & [Lemuel] Benton was Major, who had been Captain – under these engagements he served upwards of three years, when he was taken by surprise by the Tories as a prisoner, but owing to a truce concluded by General Marion he was released and after that he was in no more service
until peace came. He was in no battles then or many scouts, besides marching to & fro from through the State,
Page 20

on the waters of Pedee, thence to Georgetown & towards Charlestown. The whole troop, or Regiment was always on the orders of General Marion, who frequently marched
in body and in scouting detached parties. He got no written discharge. He hereby relinquishes every claim to a pension or annuity except the present, and he declares his name is not on the pension roll of any agency in any State. At one time, the Regiment with him marched to fatevill
[Fayetteville] in North Carolina for the assistance of the People. The reason why he joined Captain Council was that his (2) Regiment was broken & dispersed and was advised to join to
serve out his term. He thought he was so bound to do. He said he served upwards of 2 years as a
Sergeant. The Regiment under Colonel Culp and afterwards under Colonel Murphey were troops raised by the State called "Minute men" that they were almost constantly on duty by order of General Marion, either in a body for their own safety and to awe the Tories, or marching, sometimes in a body and different detachments through the Country by order of General Marion.
Page 21

He was born in North Carolina in Brunswick County. He has a record of his age in his Bible, the time is truly stated. He lived in the County where he enlisted when the Revolution commenced. Since he lived there till he moved to this County in Kentucky about 17 years past. He entered
the service on his own Act, as a Continental regular. As to his officers he has stated except he saw General Lincoln on the Savannah River, he has forgotten the name of his Lieutenant in the 2nd Regiment in which he enlisted there were 10 captains viz. – Dunbar Captain of the Grenadiers, Captain Moot, Captain Lesayne of Infantry [Thomas Lesesne], Captain Musick [Daniel Mazyck], Captain Martin, Captain Hart, Captain Piroo (Frenchman), Captain Haleton, Capt. Charnick, Capt. Mootey or Multree [Thomas Moultrie].
S/Darby Smith Hart, X his mark 

We William Hays a preacher of the
Gospell and Andrew Crais Clerk of
the Whitley Circuit Court, both resident in the County of Whitly Ky, do hereby certify upon Oath in open Court that they have many years been acquainted with Darby Smithhart, who has subscribed and acknowledged the above signature
of his name to the foregoing declaration and that he is generally reputed
Page 22

to be a man of honesty & integrity belonging to the Methodist Church and has so long as we have known him been reputed to be a very pious
man. All of which we fully concur. From our personal knowledge of his good character as a man of good favor for honesty & truth we do not doubt but the Statement made by him in the foregoing declaration are true in point of fact. Sworn to in open
Court. s/  William Days
s/ Andw Craig
And the Court do hereby declare its opinion after the investigation
of the matter and after putting the interrogatories prescribed by the war Department the answers to which are hereto attached by the sd Darby Smith hart and of the above certificate of Wm Hays and
Andrew Craig, both of whom the Court Certifies to be credible and to be believed upon Oath, are of opinion that the said Smith Hart did serve in the Revolutionary as a soldier as stated by him. And it further appears to the Court, that _ who
Page 23

signed the presiding certificate is
an ordained Clergiman and Preacher
of the Gospel, resident of the City of
Whitley and that Andrew Craig
is a resident of said County
are reputable persons and their
statement entitled to credit
I, Andrew Craig Clerk of the Whitley Circuit Court do hereby Certify that the foregoing contains the original
proceedings of said Court in the matter of the application of
Darby Smith Hart for a pension. In testimony of which I have hereto set my hand & affixed the seal of said
Court this 16 of June 1835
s/  Andw Craig Clerk of the Whitley Circuit Court Kentucky
Page 24

Mt Vernon Rochcastle County
17th June 1835
James L Edwards Esq.
De Dir

You will much oblige me by giving the accompanying documents your immediate attention and advise Col Elisha Smith of the
result at Mt Vernon, Mr Smithhart
the applicant named within is a very
old and infirm man and poor  his
wife is a crippled old woman
Very respectfully
Your obt servt
Martin Beaty
Page 25

Dorcas Smithhart
her { claim
Bounty land
99.763


Eastham
Page 26

State of Kentucky
Whitley County 
On this 9th day of April AD One Thousand Eight hundred and fifty five personally appeared before me a Justice of the Peace in and for the County and State afore said Dorcas Smithhart aged sixty one years, a resident of Whitley in the State of Kentucky who being duly sworn according to law declares that she is the Willow of Darby Smithhart deceased
who was a soldier in the Revolutionary war
with Great Britain the states that the does not know who her said husband served under nor  the term or time of service, but the states that her said husband drew a pension for his services in the Revolutionary war in his life time, and since his death she has made application for a pension for the service of her said husband but has not yet received my
but has drawn a certificate for it money therefore, as will appear by the proof on file in the pension office which is referred to and made apart of this application. The states that she is now a widow. She makes this 
application for the purpose of obtaining the Bounty land to which she is intitled under the Act passed March the 1835. never having received Bounty land or knowing that she is
entitled except for the above services
Page 27

and she believes that no Bounty land
was ever receive by her said husband
She Revokes any application for Bounty
land previously made or that may
have been presented in her name
and she hereby constitutes James
Eastham of Elvemen Kentucky her 
attorney to prove her warrant
Dorcas Smithhart    her mark

Sworn to subscribed and acknowledged
before me the day and year above written
and on the same day personally came before me Enoch Cox and B. D. Ward residents 
of Whitley County State aforesaid to me known as credible witnesses who being duly sworn declare that they are personally acquainted with Dorcas Smithhart Widow of Darby Smithhart who has made and subscribed the foregoing declaration and that she is now a Widow and that the said Darby Smithhart is dead and that she is his widow and that they were present and saw her make her make
to the foregoing declaration and that she has a certificate for a pension
B D Ward
Enoch Gott
Sworn to before me, and I certify that
I am not interested  in the claim
nor the (illegible) of the same.
I Saiah Bird JP
Page 28

State of Kentucky Whitley County ⎬ Set
I J C Watkins  Clerk of the Whitley 
County Court do certify Isaiah Bind
whose signature appears to the foregoing
certificate is and was at the time of Signing the same and acting Justice the peace in and
for the County of Whitley the amined
and that his signature is Genuine
and qualified in testimony whereof I have
here unto set my hand and affixed
the seal of my office done at
office in the Town of Williamsburg
this 9th day of April 1853
J. C. Watkins clerk
Page 29

Revy
WIDOW, &c.
_________
File No. 2635
Dorcas Smith hart,
Widow
Darby Smith hart,
Pri Rev. War
Act. Feb. 3. 1853.
__________
Index: -- Vol. M, Page 218
[Arrangement of 1870.]
Page 30

Aug. 4, 1853.

Appl. of Dorcas
Smith hart

widow of Darby
Smith hart

Whitley Co.,
Kentucky

P 820
30412

Act 3d Feby. 1853

Rev
Admt $20 per annum

Commencing 3d Feby 1853

W. L. Cook

Whitley C. H.
Kentucky

DEPARTMENT OF THE INTERIOR,
PENSION OFFICE. OFFICIAL BUSINES:

Commission
Page 31

√  √  √

26.941


[illegible]
Page 32

[illegible]
Compt   General
of
South Carolina
recd July 16.  35
Darby Smith hart.


[illegible] July 17

[illegible postal stamp]

23

George Wm Crump Esq
Washington
D.C.
Page 33

Comptroller Generals Office
Columbia S.C. 11 July 1835
George W. Crump Esq
Sir
the receipt of your favour of the 29 rect. is herewith acknowledged.
Agreeable to your request I have a careful examination in this Department, and can find no
evidence of the Revolutionary services of
Darby Smithhart
Respectfully
Yr. Obt. Sert.
John T. Seibels 
for
Wm Laval Compt Genl.
Page 34

State of Ky. Whitley County 
On the 25 of Sept 1835 before the
Hon Joseph Eve Judge of the Whitly Circuit Court, Darby Smithhart appeared in open Court and filed as matter of record, upon oath the following additional statement to his pre: filed in said Court, at the June term last of this Court.
He is surprised to hear that the war
Department supposes he deserted. The truth by way of a more particular
declaration and explination, he would
say, that the army had been defeated
under General Nash [John Ashe] and he was under the command of Major Olea [Peter Horry] who was going to assist Nash but after the defeat of Nash his command they met
retreating in a confused condition and his Olea's Corps likewise turned to flight, the British were in hot pursuit – indeed sometimes in sight, his brother had been badly burned by the bursting of his powder horn, when standing over the fire cooking his meal – he was so badly burned, that his life was fought to be in danger, and he by the advice of
Page 35

of his friends in the Army, when the
troops were retreating in disorder & no order preserved, that he should take his brother home to be cured. He did so – and immediately less than 3 weeks repaired to the Company he first enlisted under and served as time except the time spoken of being under the Tories, when during
the truce between Marion & the Tories he moved to North Carolina – he was balloted for 18 months he again repeats his first statement to be true, but did not, not being called on, these
being made serve, or called on.
S/ Darby Smithhart, X his mark
Test.  E. Smith , W. Davis
It is therefore considered by the Court, that the foregoing be Certified to the Secretary of War as true in the opinion of this Court. And I Andrew Craig, Clerk of the Whitly Circuit
court, Ky, do certify that
Page 36

the foregoing is the original pro:
filed as a suppliment by Darby
Smith hart in open Court .Given
under my hand to which I hereby attach the seal of my Office this 25 of Sept. 1835
s/ Andw Craig Clk Whitley Circuit Court

Whitley County State of Kentucky
This day Isam Jones of Whitly County Ky. aged 33 or 34 years upon oath, made the following declaration
"That previous to the death of his mother, about 2 years since, and many years before his death she often heard her say that the apt Darby had been during the Old war a regular soldier in the old War in South Carolina. she stated, that she knew he was a regular soldier and had served a long time, that he had
Page 37

served with her brother, she often spoke of his services in the Old War, and said the people said he was a brave soldier. she stated she lived near to him and knew him well during the War, and has known him ever since lived near to him hear him
when she died. It has for many
years been generally reported and believed in the neighborhood that S. Darby Smithart was a regular soldier
in the Revolution; and this deponent
has no doubt of the fact.
Smithart has ever since he knew
him been a member of the Church and remarkably zealous and pious. his character is beyond reproach as a man of truth & honesty.
I certify that the foregoing affidavit was subscribed and sworn
to before me this 27 of Sept 1835
Given under my hand as a Justice of the peace
Page 38

for Whitly County Ky. And I also certify that the said Isam Jones is a reputable witness & to believed upon Oath. s/ William Davis JP of Whitly County Ky

I Andrew Craig Clerk of the Whitley County Ky, do certify that
Wm Davis whose name appears
to the foregoing certificate
is and was a Justice of the peace
for Whitly County at the time
of signing the same and that the signature is in due form.
Given under my hand and to which I
have affixed the seal of my office
this 27 of Sept. 1835
Andw Craig clk of the Whitley County
Court KY
Page 39

Mt Vernon Ky }
October 24th }

J. L. Edwar(ds)
                       P

Darby Smith 
hart          Ky
[illegible] 
Nov 2
Ky
Page 40

Rockcastle County Ky
Octr 27, 1835
Sir Enclosed I send you the amd dec of Darby Smithhart. I hope it will do.
communicate the result to the Honl Sherrod Williams, member of Congress from this District, lately
represented by Mr Bearty
on the meeting of Congress
Resp &c
E. Smith
Page 41

House of Rep Feb 17th 1836
J.L. Edwards Esq
Sir
from the Language employed in your
Letter to me enclosing the declaration
to me and herewith returned to you
I am authorized to conclude that
you will allow to Smith heart &
Nix $20 each per annum. the
Language I allude to is as follows
In case, where applicant who served
as militia men and who cannot specify their tours of actual service as the regulations require it has been customary to allow a pension of $20 per annum which is the lowest rate. I hope therefore you will allow those old & I have no doubt deserving men in sum aforesaid and enclose to me
there certificate
yours respectfully
Sherrod Williams
Page 42

TREASURY DEPARTMENT
Second Comptroller's Office,
August 22. 1840.

Sir:

Under the act of the 6th of April, 1838, entitled "An
act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States, Darby Smithart,
a Pensioner on the Roll of the Kentucky Agency, at
the rate of Twenty Dollars
per annum, under the law of the 7th June 1832, has
been paid at this Department, from the 4th of Sept, 1837
to the 4th Sept. 1838,

Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
Page 43

Pension Agency Office 16 December 1841

Sir:

In reply to your letter of the 10 inst 
I have to inform you that Darby Smithhart a 
pensioner now on the roll of this Agency under 
the act of 7th June 1832 at the rate of Twenty 
Dollars per annum was last paid on the 4th 
of September 1840 and will not in future be paid 
at this agency.

I am respy
Your obt St

James A Grimstead
Pension Agent

To
J. L. Edwards Esq.
Commissioner of Pensions 
Washington City 
D. C.
Page 44

TJ Campbell Esq
Darby Smithhart
Pension Papers
Notary
Hon TJ Campbell HR
Page 45

TREASURY DEPARTMENT
Second Comptroller's Office,
August 24. 1842.

Sir:

Under the act of the 6th of April, 1838, entitled "An Act directing 
the transfer of money remaining unclaimed by certain Pensioners, and author
izing the payment of the same at the Treasury of the United States, 
Darby Smithart,
a Pensioner on the Roll of the Knoxville , Ten:
Agency, at the rate of Twenty Dollars and 
----Cents per annum, under the law of the 7th June 
1832, has been paid at this Department, from the 
4th of Sept, 1840,  to the 4th Sept. 1841,

Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
Page 46

Smithart
To
Coms Pensions
Page 47

Whitley C H Ky
Jany 19 

Free
Comr Pensions
Washington
DC
Page 48

Whitley CH Ky
Janry 11/53

To the Commissioner of Pensions

Sir Darby Smitthart died 
in the year 1846 & the 6th of July I think 
he left a widow who was put 
on the pension Roll under the 
act of Febry 1853. Smithhart drew 
his pension at Knoxville Tenn 
his widow thinks he did not 
draw at March 1846 & that his 
pension from 4th Septr 1845 
to 6th July 1846 is due her 
from the Pension Office will  
you please inform me upon 
this subject

Your Obt Servt

W. L. Cook
Atty for Dorcas Smithhart
Page 49

Brief in the case of Dorcas Smithhart, widow of Darby Smithhart
Whitely County and State of Kentucky
act 3d February 1853 
------------------
Claim, (original.)
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was pensioned under the
act of June 7, 1832 at $20 per annum

Marriage proved by Jesse Walker,
William Rains and Richard Woods, who
swear they were present at the wedding
Certified to be credible witnesses
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

W. L. Cook Esq
Whiteley Court House
Name and residence of Agent Kentucky
R. Geddes
Examining Clerk.
Page 50

Pension Office
Oct. 3/53
Sir,
Please certify the time to which the witnesses named pensioned was paid; and, if in your power, the date of his death
Very respectfully,
Your Obt Sert.
L.P. Waldo
Commisioner

F. Burt Esq
3d Auditor
Present

Darby Smithhart, Oct 1832 $20. p. an. --- Paid to 4th Sept. 1845, No date of death on our Books.

F. Burt
Auditor.
Page 51

Dorcas Smithhart, wid. of Darby - aged 58
Dec. Married 6, Sept '37
"       Died 7th, July '46

Jesse Walker, saw them married - Cred. --
Wm. Rains         "   "                 "
Richd. Woods   "      "          "
Page 52

Whitley CH Ky
July 25th 1853
Dorcas Smithhart
Proves by three witnesses that
she was married to Darby Smith hart Michael Broils who married her is now dead he failed to return the marriage license to the Clerk of the
Campbell County Court or if he did they have been lost. there is no record in the County Court Clerks office only the license are filed. the Presiding Judge of the Whitley
Circuit court also certifies that she is the widow of Darby Smith Hart & that he drew a pension. his death is also proven by three witnesses & the Judge of the County Court. there can be no doubt as to her being his widow & that she is entitled to a pension the question then that I wish to urge is that she is entitled to his pension from the date of his death. think she is, that the act under which she applies if liberally construed certainly gives it to her. I am not apprised
of what has been the decision of the
Commission upon this point but I think it clear that it was intended by the act that in a case where the Pensioner died leaving a widow that she should draw from the date of his death & not from the date of the act.
If the act is liberally construed
such will be in force & application
Page 53

Whitley CH Ky
July 25th 1853

Dorcas Smithhart 
proves by three witnesses that 
she was married to Daby Smithhart Michael 
Broils who married her is now dead he failed to 
return the marriage license to the Clerk of the 
Campbell County Court or if he did they have 
been lost There is no record in the County 
Court Clerks office only the license are 
filed The Presiding Judge of the Whitley 
County Court also certifies that she is the 
widow of Darby Smithhart & that he drew 
a pension his death is also proven 
by three witnesses & the Judge of the County 
Court there can be no doubt as to 
her being his widow & that she is en
titled to a pension The question then 
that I wish to urge [argue] is that she is entitled 
to his pension from the date of his death 
& I think she is & that the act under which 
she applies if liberally construed cer
tainly gives it to her I am not apprised 
of what has been the decision of the 
Commission upon this point but I think 
it clear that its intended by the 
act that in a case where the pensioner 
died leaving a widow that she should 
draw from the date of his death 
& not from the date of the act 
& if the act is liberally construed 
such will be it [illegible] & application 
I should like to have your opinion 
upon this question. Yours truly 

W. L. Cook 
Agent & Atty for Dorcas Smithhart
Page 54

I would further suggest that in drawing the petition or declaration of Mrs Smith hart I have spelled her name Smith hart she is unlearned & does not know how her husband spelled his name (his name in the printed report of the names Revolutionary Pensioner taken
when the cencus of 1840 is spelled
Darley Smith heart. Mr Jas T Curd who took the cencus of Whitley County in that year states that it is incorrect that his name was Darby & that he does not know how the old man spelled his name whether Smithart,  Smithhart or Smithheart there can be no doubt but she is the widow as will be seen by the testimony & that her husband
Darby Smith hart drew a pension
s/ WL. Cook
Page 55

[illegible]
48    63
49 6311


Payment to be made at Louisville
by
Isaac Caldwell

Agent for paying Pensioners, in the
Agency of

Kentucky

Payable on the 4th September and 4th
March

Recorded in the Pension Office on the
Roll of Pensioners under act February
3d, 1853, Page 177 Vol. A

G. T. Getty Clerk.
Page 56

DEPARTMENT OF THE INTERIOR.
WIDOW'S PENSION.
I certify that in conformity with the 2d section of the act of February 3, 1853
Dorcas Smithhart widow of Darby Smithhart who was a private in the revolutionary war, is inscribed on the pension list at the rate of Twenty
dollars and _ cents per annum, commencing on the 3d of February, 1853, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the Department of the Interior, this fifth day of October
one thousand eight hundred and fifty three
s/ Howe Ellion 
Secretary of the Interior
Examined and Countersigned.
LP Waldo
Commissioner of Pensions.
Page 57

Declaration for Increase of Pension
State of Kentucky County of Whitley
On this 29th day of February 1868
personally appeared before me, John W. Siler Clerk of the Whitley County
Court a court of Record within
and for said County, Darcas
Smithhart aged 74 years, a resident
of Whitley County in the State of
Kentucky, who being duly sworn
according to law declares that she
is the identical Darcas Smith hart
to whom was granted pension certificate No _ Payable at Lexington Ky. at the rate of 20 dollars per year
issued under the act of 18
That she makes this declaration in order to secure the increase of her pension to which she is entitled
under the 13th Section of the act of
July 27th 1868. My Post office address is Whitley C.H. Whitley County Ky.
Darcas Smithhart X her mark

Also personally appeared Isaac
Woods and Wesley Faulkner residents of Whitley County Kentucky, persons whom I certify to be respectable and entitled to credit, and
who, being by me duly sworn, say
that they were present and saw
Darcas Smithhart sign her name by mark
Page 58

to the foregoing declaration; and they 
further swear that they have every 
reason to believe, from the appearance 
of the applicant and their acquain
tance with her, that she is the 
identical person she represents herself 
to be, and that they have no interest 
in the prosecution of this claim.
Isac Woods
Wesly Faulkner

Sworn to and subscribed before me 
and I certify that affiants and applicant 
are all respectable persons entitled to 
full credit on oath. That they knew the 
contents before signing the same 
and that I have no interest in 
this claim. Given under my hand 
and official seal at Williamsburg 
this 29th day of Feb 1869
John. W. Siler Clk
Page 59

State of Kentucky County of Whitley

Know ye that I Darcas Smithhart 
do constitute and appoint Jackson 
McDowell my true and lawful agent 
or attorney for me and in my name 
to prosecute for me a claim for 
increase of Pension. And my said 
agent is hereby authorized to exam
ine all papers relative to said claim 
to, do any and all lawful acts to 
accomplish the object of his appoint
ment, and to receive the certificate 
which, may issue to me on account 
of said claim Signed and acknowl
edged in presence of.
J. S. Gatliff | Darcas her X mark Smithhart
Joel Wilder 
Subscribed and acknowledged 
before me this 27 day of March 
1869 John W Siler Clk
Page 60

State of Kentucky County of Whitley
On this 27th day of March 1869 personally appeared before the undersigned authority within and for said County J. S. Gatliff and Joel Wilder who being duly sworn according to law say on their oaths that they have been well acquainted with Darcas Smithhart widow of Darby Smithhart, and that to our knowledge she has not remarried since the death of the said Darby her husband aforesaid.  And that they have no interest in her claim for increase of pension
[signature] J S Gatliff
[signature] Joel Wilder
Sworn to and Subscribed before me the day above writen [written] and I certify that J. S. Gatliff and Joel Wilder are respectable persons entitled to full credit on oath.  that they knew the contents before signing and that I have no interest direct or remote in any claim of Darcas Smithhart  Given under my hand and Official Seal at Williamsburg this 27th day of march 1869
[signature] John W Siler Clk
Page 61

Whitley C. H. Ky. April 12th 1869
Hon. Commissioner of Pensions:-
Dear Sir:-
You will percieve [perceive] that the enclosed claim has been on hand since Feb.  The old lady and her former Agent thought best to wait until she drawed her March Draw which I agreed to.  Since that time John Smith has been unable to find her old certificate which ought to be returned herewith.
I have therefore taken the affidavit of Smiith, and can make any proof you ask relative to said Certificate.  That it existed and has been lost recently.
Very Respectfully
[signature] Jackson McDowell Agt
Whitley C. H.
Page 62

State of Kentucky County of Whitley
On this 12th day of April 1869 personally appeared before me, a Clerk within and for said County John Smith Esq., who being by me duly sworn according to law; says on his oath, that he has for several years been the Agent and Attorney for Darcas Smithhart.  That he has attended to the drawing of her Pension all the time and been very often entrusted with her Pension Certificate.  That she, the said Darcas Smithhart, left her Pension Certificate with him the last time she came to make out her Voucher for pay; That he removed from town to the country a short time since, and got said certificate lost, in the move or some how else.
That it may be misplaced among his things where he cannot now find it, or some child may have got hold of and destroyed it.
That he has searched dilligently [diligently] for it and has been unable so far to find it.
That he may some day be able to find it, but does not wish to delay the increase of the old lady's Pension.  And he makes this affidavit to enable her to get her claim allowed.  (She is needy.)
That he has no interest in the prosecution of this claim for increase of Pension.
[signature] John Smith
Page 63

Sworn to and subscribed before me the day above writen [written], and I certify that John Smith is a respectable citizen entitled to full credit on oath, and that I have no interest direct or remote in this claim.  Given under my hand and official Seal at Williamsburg
[signature] John W Siler Clk
Page 64

Lexington
Page 65

Increase
Brief in the Case of
of Doras Smith hart, Widow of Darby
Private Rev War.            Whitley C. Ho
Whitley County and State of Kentucky

Act 2d Sec Act Feb. 3. 1853            Lexington
==============================
CLAIM FOR NEW PENSION CERTIFICATE,
Proof Exhibited,
Pensioner at $20. Pr. Ann-  Cert alleged to be lost
Claim  increase as provided by 13th he act July
27. 1868.
Personal identity and continued widowhood [illegible]
house

Admitted May 17. 1869 to pension at $96. pr annum
to commence July 27, 1868 deducting pay since.

Name and residence of Agent.
Jackson McDowell
Whitley Ky

W. E Trask
Examining Clerk.

[illegible]
Page 66

Official Business
Whitley C H Ky
NOV 8 / (?)8
Joseph H Barett
Comissioner of Pensions
Washington
Page 67

TREASURY   DEPARTMENT
Second Comptroller's Office,
August  22. 1840.

Sir:

Under the act of the 6th of April, 1838, entitled "An
act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States,  Darby Smithart,
a Pensioner on the Roll of the Kentucky  Agency, at
the rate of Twenty Dollars 
per annum, under the law of the 7th June 1832, has
been paid at this Department, from the 4th of Sept, 1838
to the 4th Sept. 1839,
Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
Page 68

Whitley C H  Ky 15 July 28th

free

To The Commissioner of Pensions
1883
Washington City  D C

C
1853
Revo.
Page 69

1854 Jany. 30-- Let to W. L. Cook
36 Decemr. 8.   Special order to
3rd Auditor___
2.272
Kentucky
Dorcas Smithhart
widow of Darby
who served in the Revolutionary 
war, as a private
============================
Inscribed on the Roll at the rate of
20  Dollars
Cents per annum, to commence on
the 3d February, 1853.
======================
Certificate of Pension issued the
4 day of Oct 1853
and sent to
W l. Cook
Whitley C.H.
Ky
============================
Recorded on Roll of Pensioners under
February 3, 1853, Page 177. Vol. A
Page 70

Vernon Ky Mch 31

Hon. Commissioner of Pension
Washington City
D. C.

Dorcas
Wid
Darby

C

Boynton
Page 71

Mt Vernon Ky
March 30th 1836
Honl Commissioner of Pensions
Dear Sir 
I understand that Congress
has passed an act dispensing with the necessity
of making Record proof of the service of the
Revolutionary soldier, to enable the Widow of
such soldier to obtain a Bounty land Warrant
If that is the law. You will please to in
form me of the fact as it will save me
of Considerable expense and trouble in obtaining such proof in the case of Dorcas
Smithhart for Bounty land for the services of Darby Smithhart, decd,
I would like to know what has been
done with the case of Sabra Stanley
and John Moore.   Moores Claim was
amongst the first Claims I sent on
Yours Respectfully
James Eastham