Revolutionary War Pension and Bounty Land Warrant Application File R 9792, for Benjamin Smith, Connecticut
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(3-1776)
SERVICE
Continental (Conn.)  
Smith, Benjamin
Lydia
NUMBER
R9792
CONTENTS
S. Born in East Haven, New Haven Co. Conn.-
died Mar. 22,1794
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I Daniel Smith of East Haven in the County of New Haven and the state of Connecticut aged forty nine years. Depose and say that I am a son of Benjamin Smith deceased and of Lydia Smith widow of the deceased and that with the intention of establishing the marriage of my parents. I repaired to Colchester in New London County   it being the native place of my mother and where the marriage was performed and there made diligent and enquiring for the record, of Elias Watherington.  The Justice of the peace by whom they were married but could find not even a child or grand child of the said justice and could none of his records. I then applyed to the keeper of the of the ecclesiastic records to which the family of my Mother then belonged, who examined but could find no such marriage --I then applied to the keeper of the Town records, and obtained his Deposition certifying that there was no such record to be found- after which I obtained the deposition of Mr. Rogers [Hogen?] who was present at the marriage.  The justice of the peace. Fredric Morgan  Esq'r. a justice of the peace before whom the said Depositions were sworn to informed me that there was no occation [occassion] of procurring a Certificate from the Clerk of the County that he was a justice of the peace and a judge of Probate as it was well known at the Pension Office by document recently sent to him to prove that he held said office
[signed] Daniel Smith
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State of Connecticut  }
New Haven County  } Ss  East Haven

Be it known that on this 9th day of October [1838]
before the Subscriber a justice of the peace in and for the county aforesaid personally appeared Daniel Smith signer of the within Deposition and who is well known to me for credibility and made oath to the truth of the same
Bela Farnham Jus't. of peace
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I hereby certify that I have made diligent search among the records of the town of Colchester and find no record of the marriage of Benjamin Smith and Lydia Gates
Joshua B. Wheeler Town Clerk
Colchester Oct. 5, 1838

I hereby certify that Joshua B. Wheeler is Town Clerk of the town of Colchester & that he signed and made oath to the truth of the above statements the day and year above written before me Frederic Morgan Justice of the Peace

I Ebenezer Rogers of the town of Salem, county of New London and the state of Connecticut age ninety four years the 15 day of June last, depose and say that Benjamin Smith and Lydia Gates were married in the town of Colchester New Salem Society about the first of October AD1781 by Elias Wortington a Justice of the Peace for the county of New London.
I well remember the time of their marriage in consequence to having taken place soon after the storming of Fort Griswold and the burning of New London. I was present at the wedding as a family communion having about seven years before that is to say in the year 1774 myself married Elizabeth Gates a sister of the said Lydia Gates
[signed] Ebenezer Rogers

Sworn to and subscribed at Colchester this 5'th day of October AD 1838 before me Frederic Morgan Justice of the Peace and I
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further certify that I am acquainted with the before named
deponent Ebenezer Rogers, and know him to be a credible person and have full confidence in the truth and accuracy of his statement of facts --
Frederic Morgan Justice of the Peace and Judge of Probate for the District of Colchester
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501
Lydia Smith
widow of Benjamin
Con
act 7 July 38
5 years
Capt Browns Company
to 1780 - then in Capt
Thomas from which
the deserted 5 ap'l 80

[illegible] recvd reg'd

Bela Farnham Esq'r.
East Haven
Con
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STATE OF CONNECTICUT.
NEW HAVEN COUNTY
COUNTY COURT CLERK'S OFFICE
SS.
I, Jno Beach Clerk of the County Court, within and for said County, and Keeper of the Seal thereof, and of the
Commissions of Justices of Peace, within and
for said County, hereby certify that
Bela Farnham
Esq. is a JUSTICE OF PEACE within and for
the said County, duly appointed Commissioned
and sworn, with power to administer oaths and
take the acknowledgment of Deeds: that his
Commission is dated the 28 day of May
A.D. 1838, and will expire on the twentieth
day of June, A. D. 1839. That I am
acquainted with his hand writing, and that the
signature hereto annexed, purporting to be his,
is his genuine official signature. In testimony whereof, I have hereunto set my hand and
the Seal of said Court, this 28th day of August A.D. 1838
Jno Beach
Clerk.
[seal]
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State of Connecticut
New Haven County
On this 10th day of August 1838 personally appeared before the Judge of the county of probate in and for the probate district of New Haven. Lydia Smith is resident of the town of East Haven in New Haven County and that of Connecticut aged 81 years. Who being first duty sworn according to ??? doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress ratified July 7 1838 entitled "an act granting half pay and pensions to certain widows" That she is the widow of Benjamin Smith late a soldier in the war of the Revolution. That he enlisted in the month of April 1777as a private  under Captain Jonathan Brown to serve for the term of three years being an artillery company served some time under Capt. Brown after which he was under Capt. Joseph Thomas in Colx-Lambe Regiment and was employed in service in the state of New York and in New Jersey and was continued in the Continental Service the full term of three years for proof of said service the would refer to the deposition of John Pierpont that the known of no other person living that was in said company and knows of no documentary evidence unless it may be found in the department of the war office.
The further declares that her maiden name was Lydia Gates of Colchester in New London County in said stateand she was married to Benjamin Smith at said Colchester on the ?? day of October 1781. that the marriage was performed by Elias Washington a Justice of the peace of said Colchester- that is the spring of the year 178??
she with her husband the above said Benjamin Smith moved to the said East Haven it being his native place and where she has resided ever since and that her husband died on the 22nd day of March 179?? that she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January 179?? at the time above stated. she further says that she knows of
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no documentary evidence to prove the marriage and presumes there is none, and knows of no one now living that was present except a younger sister Eve Ely Tuttle now residing in this town and who was then about ten years of age -- and must depend on the depositions with respect to the marriage and the decease of the said Benjamin Smith. The word "removed" interligned before signing.

Lydia Smith

Subscribed to, and sworn before me, da an date agove, or before written.
Nathaniel R. Clark, Judge of the Court of Probate, for the District of New Haven

State of Connecticut
New Haven County

I, Jno. Beach Clerk of the Court of Probate in New Haven in said county hereby certify that Nathaniel R. Clark is Judge of the Court of Probate for the District of New Haven & that the foregoing is his genuine offical signature.
In Testimony whereof, I have herunto set my hand & affixed the seal of said Court hits 18th day of August 1808.
Jno. Beach, Clerk
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I, John Pierpont of the town of North Haven in New Haven County and State of Connecticut gate 77 years depose and say that in the month of April 1777 I enlisted as a soldier in the Continental service in the War of the Revolution in an artillery company under Capt. Jonathan Brown in Col. Lambs Regiment and continued in service under said Jonathan Brown something like two years when Capt. Joseph Thomas had the command of said company and I continued in the service to the close of the war. And was employed on the North River in the state of New York and in the state of New Jersey - and Pennsylvania. Was present at the capture of Fort Montgomery and at various other engagements. And I am well knowing that Benjamin Smith of East Haven in said county enlisted as a soldier at or near the time that I did and served in the aforesaid company and regiment, for the term of three years or more. 
John Pierpont

State of Conneccticut
New Haven County} Ss. North Haven
On this 13th day of August 1832 personally appeared before the subscriber a Justice of the Peace in and for the county aforesaid, John Pierpont who is well known for truth and veracity by me, and made oath in due form of law to the truth of the foregoing deposition by him subscribed.
Bela Farnham Justice of Peace
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I Elijah Bradley aged 78 years of the town of East Haven in New Haven County and state of Connecticut depose and say that I was well acquainted with Benjamin Smith late of said East Haven, deceased, from a youth to the time of his death, both of us being natives of this town. And well remember that soon after the Revolutionary War he removed his wife the present widow Lydia Smith to this place and that they lived together in a family state to the time of his death, and had a large and credible family of children. That the said Benjamin Smith in his lifetime sustained as respectful a character as any person in the neighbourhood, and that his widow the said Lydia Smith is now residing in the place as the widow of the deceased Benjamin Smith, not having been married since his decease, which according to my recollection he died in the Spring of the year 1796. And that the widow has always sustained a very respectable reputation among her acquaintance and has no reason to doubt and never heard it doubted but that they were lawfully married and that ti was always reputed and believed that the said Benjamin Smith served in the War of the Revolution and that he belonged to Colonel Lambs Regiment of Artillery.
Elijah Bradley

State of Connecticut
New Haven County} Ss. East Haven
On this 14th day of August 1838 Personally appeared before the subscriber a Justice of the Peace in and for the county aforesaid, Elijah Bradley, the signer of the foregoing deposition and who is well known for truth and veracity and made oath in due form of law to the truth of the same.
Bela Farnham Justice of the Peace
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I Laban Smith of the city and county of New Haven and state of Connecticut aged 73 years depose and say that I am a brother of Benjamin Smith late of East Haven in said county. And I I am well knowing that he enlisted as a soldier in the Continental Line in the War of the Revolution according to my best belief in the year 1777 and in Capt Jonathan Brown and continued in service I am persuaded a term of three years or more. And I am knowing that after his service in the war he resided in the county of New London in this state. And in the spring of the year 1784 he with his wife the present Lydia Smith removed from Colchester to said East Haven, his native place and where I resided, and that he continued there to reside with his wife and family during the remainder of his life. And I am knowing that he died in March 1794. And that Lydia Smith now residing in East Haven was considered his lawful wife and she remains his widow not having been married since his decease.
The word "Smith" interlined before signing.
Laban Smith

State of Connecticut
New Haven County}ss. New Haven
On this 18th day of August 1835 before the subscriber a Justice of the Peace for the county aforesaid personally appeared Laban Smith the signer of the foregoing deposition and who is well known to me for credibility and made oath to the truth of the same.
Bela Farnham Just of Peace
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I Eve Ely Tuttle of East Haven in New Haven County and state of Connecticut aged 67 years depose and say that I am a sister of the widow Lydia Smith of this town and well remember that she was married to Benjamin Smith in October 1781 although I was at that time only in my tenth year. I well remember that the marriage was at my fathers home and was performed by Elias Watherington in the town of Colchester, in New London County in said state. And that in the month of April 1784 I removed with the said Benjamin Smith and my sister from said Colchester to East Haven and continued to reside in his family to the time of his death which was in the month of March 1794. And I am knowing that the said Lydia Smith now residing in this town was his lawful wife and that she remains his widow not having been married since his decease.
Eve Ely Tuttle X her mark

State of Connecticut
New Haven County }ss. East Haven
On this 15th day of August 1838 personally appeared before the subscriber a Justice of the Peace in and for the county aforesaid, Eve Ely Tuttle who has subscribed to the foregoing deposition and who is known to me be a credible person and made oath in due form of law to the truth of the same.
Bela Farnham Just of Peace
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[page too dark illegible]
9792
Act 7 July 1838
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Free

J. L. Edwards Esq
Commissioner of Pensions
Washington City, D. C.

East Haven CT
May 6

Conn May 9
Lydia Smith
rej
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East Haven Connecticut May 6 1839
Sir, Yours of the 15th April was received in which it appears that the claim of Mrs. Lydia Smith widow of Benjamin Smith who served in the War of the Revolution is disallowed - setting forth that the said Benjamin Smith served from April 1777 to April 1780 a term of three years when he deserted whereby the claims are forfeited by the act of June 7 1832.
It has always been believed by his friends that he enlisted and served for the term of three years only. I was not aware of the circumstance of his leaving the service....but on a careful examination of the acts of Congress for many years past, and in particular the act of June 7, 1832, and have had the opinion of able judges and no one has discovered wherein the claim is rejected. The act of June 7, 1832 appears to refer to the act of May 18, 1823 which granted pensions to none but those that enlisted and served to the close of the war. And the act off June 7, 1832 to those who served in a period of two years during the war of the revolution and who are not entitled to any benefit under the act of May 15 1825. Here no mention is made by any requisition only the actual service.
But if the wisdom of the act of Congress of June 7 1832 with the subsequent provisions do not embrace the claims of the said widow, it is particularly requested that the documents and papers of him making the application may be returned.
Very respectfully
yours
Bela Farnham

J. L. Edwards Esq
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East Haven Oct 11th 1838

Sir
In the case of Lydia Smith widow of Benjamin Smith deceased, I send hereby the accompanying depositions relative to the marriage which is believed to be as satisfactory as can be found. The certificate of the from the county clerk certifying that the Justice of the Peace before whom the depositions were taken has been neglected in consequence of the distance. And the advise of the Justice that he was known at the pension office as such. But should it be necessary such a certificate will be procured.
Respectfully yours
Bela Farnham

J. L. Edwards
Commissioner of Pensions
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East Haven August 18 1838

Sir
As Agent Lydia Smith who has made application for a pension in consequence of the service of Benjamin Smith, I would remark that I am knowing that he died the time as set forth by the widow and that he and his widow and his family have always sustained a reputable character. And no one doubts of their marriage, if necessary more circumstantial evidence may be produced. But it is thought that a sufficient has been procured with respect to his service in the revolutionary war, no further positive evidence is known of. Any enquiries that may be necessary please address the subscriber - East Haven County

Yours respectfully
Bela Farnham

J. L. Edwards Esq.
Commissioner of Pensions
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91792.
P. O. REJECTED
Lydia Smith    aw
Service: wid. of Benj
Enlisted: , 18.
Discharged: , 18.
Application filed: , 18.
Alleges:
Re-enlisted:
Attorney:
P.O.
Recognized.
Contract
Cert. of Dis. Searched for 18