Revolutionary War Pension and Bounty Land Warrant Application File R. 9,710, for David E Smith, Pennsylvania
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Penn.
R.9710
Penn. Sea Service
Contents

B. Nov 2, 1755in Chester Co Pa. thereof [ill]
In 1832 Mr. Pleasant [ill] Jefferson Co, Ohio
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11961
David E Smith
Jefferson Co, Ohio
Return for proof of service
ask his 
Rejected[?] Carlin[?]service
All the naval service
private armed vessel
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BRIEF in the case of David E Smith
of Jefferson Co in the state of Ohio
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge?  a Judge

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [left blank]

3. How old is he?  77

State his service, as directed in the form annexed.

Period / duration of service / Rank / Names of General and Field Officers under hwom he served.

In 1776 / 2 months / Private / Gen Roberdeau, Col Pascal, Captain Jones

in 1778 (building fort) / 8 months / [blank] / J. Glen Superindendent

1779 Navy / 5 months / seaman/  Capt'n Hammond 

1779 / 3 months / [implied seaman] / Capt'n Hammond 

5.  In what battles was he engaged?  none, battle with a broadside 16 gun brig--

6. Where did he reside when he entered the service?  Pennsylvania Chester County

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary

8. Are the papers defective as to form or authentication? And if so, in what respect?  authenticated

I CERTIFY that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Jon. H. Ashton
Examining Clerk
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State of Ohio
Jefferson County Ss.

On the 30th day of August in the year of our Lord 183[obliterated] personally appeared before me Thomas George one of the Judges of the court of common pleas in and for said County -- David E Smith a resident of Mount Pleasant township Jefferson County Ohio aged 77 years who being first duly [struck out - sworn] affirmed according to law doth on his affirmation make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832;

That he resided in Chester County, Pennsylvania when he entered the service by being called out in the militia, under the following named officers and served as hereafter stated viz, General Robertdoe and was commanded at Amboy New Jersey and Connal Pascal were two of his field officers and Captain Hugh Jones, Wm Brook first lieutenant, and Iisac Vanlier second lieutenant, were the commanders of commission, 

That he marched with the troops from Philadelphia in the beginning of August in the year 1776, to Perth Amboy in New Jersey, from thence to Bergin[sic] in New Jersey, on the march to Elizabethtown, we distinctly heard the Battle of Flatbrush, do not recollect the name of the superior officer in command at Bergin, he is not certain whether there were any continental regiments or companies in service either at Amboy or Bergin he is certain the greater body if not all the troops were militia, whilst at Elizabethtown, on our march through New Jersey an alarm was made in the night that the hessians were landing on the front, when we were called out under arms, the alarm proved to be false, the whole regiment was called out together, in this service he continued for two months and was discharged in Philadelphia.  

In the year of 1778 he entered into the United States service for 8 months and was engaged in building the publick brick buildings near the town of Carslile in the State of Pennsylvania during which time he was under the United States control under the superintendent James Glen he
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had to attend muster on the call of the roll drew station & served the time out and was paid off and discharged by James Glen; In the month of February 1779 he entered on board the commissioned sloop Ranger carrying eight guns bound from Philadelphia to Cape Francois commanded by Captain John Hunn.  The sloop carried provisions to the French authorities and brought back [ill] for the American Government.  In this service, he continued five months when he was discharged, upon the return of the sloop in to the port of Philadelphia; On the 10th day of [August?], in the same year he shipped on board the ship Jay carrying 18 guns commanded by Captain Harmon Courter and sailed for St. Ustatia[St. Eustatius?] on the voyage had an engagement with a British 16 gun brig she made her escape from us, we gave chase, but could not overtake her, our ship had under convoy a fleet of Merchantmen, about ten days after the engagement, a British frigate have on sight said to carry 36 guns, our commander gave signal for the merchantmen to continue their course whilst he changed course to the north the frigate gave him chase and continued to chase until late at night, when we again changed our course to the port of our destination and saw her no more, we arrived safe at St Ustatia[St. Eustatius?] where we found the company had arrived before us, In this ship's service he continued three months when he has discharged, being afterwards cast away on the Spanish main.  He shipped as a passenger on board the Dutch vessel bound to Carrizon, and was taken prisoner by the British and carried into Jamaica where he remained a prisoner two months, he made his escape together with four more from the British vessel by swimming.

In the year 1783 being in the service of a merchantman off north [ill] on the coast of South Carolina was taken by two British privateers, was carried to St Augustine in East Florisa where he remained a prisoner three months and was discharged about time of general peace.  Despondent was born in Chester County, State of Pennsylvania ont he second ay of November, 1755, he has no record of his age, his
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Father had one kept in a book of his which this deponent hath frequently seen, knows not what has become of it, this deponent hath lived since the revolution war part of the time in Chester County, Pennsylvania, and for the last twenty seven years has lived in Jefferson County Ohio where he now resides, he was called out into the service in the militia by the whole regiment be called out to which he belonged, there was one continental officer both at Amboy and at Bergin in New Jersey but does not recollect their names, he was discharged from service in the militia in Philadelphia by his captain when the whole company was discharged, does not recollect receiving any written discharge.  He is known to a great many in his neighborhood who he believes can testify to his character for veracity and their belief of his services as a soldier of the revolution, mentions especially Thomas Evans John Watson Esq.  He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of any other agency of any State or Territory, he is now too infirm to attend the court which is held twenty one miles from the place of his residence, this deponent further states he has no documentary evidence and that he knows of no person whose testimony he can procure to testify to his servide -- affirmed and subscribed to the day and year aforesaid --- 

David B Smith [signature]

I Thomas Evans residing in the town of Mount Pleasant Jefferson County and State of Ohio [partly obliterated]certify that I am well acquainted with David E Smith who transcribed and affirmed to the above declaration from the period of my earliest recollection when a boy I knew of many of the facts therein stated and heard the whole of them so often repeated when there could have been no prospect of gain from the relation
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of them - that I have no doubt of the truth of the within statements and also he is reputed and believed in the neighborhood where he resides to have been a soldier of the REvoltion, I also believe him to be about 77 years of age and further know him to be a man of strict veracity - affirmed and subscribed the day and year aforesaid

Tho Evans

And the said Thomas George one of the Judges of the Court of common please in and for the county of Jefferson and State of Ohio as aforesaid and do hereby declare his opinion after the investigation of the matter and putting the interregatories prescribed by the War department that the above named applicant was a revolutionary Soldier and in the naval service and served as he states.  And the said Judge further certifies that it appears to him that Thomas Evans John Watson Esq and Dr Wm Hamilton who has signed the same are residents in the town of Mount Pleasant in the County of Jefferson as aforesaid and are credible persons and their statements are entitled to credit and also appears to said Judge that the applicant can not from bodily infirmity attend the court of common pleas as aforesaid.

Thom George
Associate Judge
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State of Ohio Jefferson County Ss.

I James Ross Wells Clerk of the Court of Common Pleas for said County of Jefferson do certify that Thomas George Esquire whose signature appears to the foregoing certificate is one of the Associate Judges of the Court of Common Pleas for said County of Jefferson and that the signature annexed thereto is his genuine signature.  In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Steubenville the 31st day of August AD 1832

James R Wells, Co
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information as contained in his (or his widow's) application for pension on file in this Bureau.

Dates of Enlistment or appointment / Length of service / Rank / Officers under whom service was rendered, Captain / Colonel / State

1776 / 2 months / Flush Jones / Pascal /Pa militia
1778 / 8 mos / ??? / ?? James Glen [??] [??] [??] buildings
Feby 1779 / 5 months / John Hunn / on Sloop Ranger
Aug 10 1779 / 3 mos / Harmon [???]  / on ship Jay

afterwards being cast away on the Spanish Main he shipped as a passenger on board a Dutch vessel and was taken prisoner by the British and carried into Jamaica where he remained a prisoner 2 mos escaping by swimming, in 1785(?) being in service of a merchantman of North Carolina he was taken prisoner by British, carried to St. Augustine, and detained a prisoner 3 months.

Battles engaged in, [ill] [ill] British Brig

Residence of soldier at enlistment, [ill] [ill] Co Penna

Date of application for pension, Aug 30 1832

Residence at date of application. Mt. Pleasant Twp, Jefferson Co Ohio

Age at date of application, 77 yrs born in [ill] Pa Nov 2, 1755 - [ill] 25 1776

REmarks: [ill] [ill] [ill] was not allowed as the service performed was not considered military service under the Act of June 7 1832 under which he applied (and [ill] more military service  was required by said act
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11961
Jefferson Cty Ohio
David E Smith

9700
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of David E Smith which require further proof or explanation.

I [1]. Does the declaration show where the applicant resides?  yes

II [2]. Did the applicant make the declaration in the county where he resides?  yes

III [3].  If the application did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV [4].  Has the Declarant mentioned the period of the war when he served?  yes

V [5].  Has he mentioned with precision the length of his service, and the different grades in which he served, ion language so definite as to enable the department to determine what amount of pension he is entitled?  yes

VI [6].  Has he given the names of officers under whom he served, conformity with the regulations? yes

VII [7].  Has he made a relinquishment of every claim to any other pension than the one under the Ace of June 17, 1832?  yes

VIII [8].  Has the Court given their opinion?  yes

IX [9].  Has the Clerk given his certificate?  yes

X [10].  Is the Clerk's seal affixed?  And if so, has it a device or inscription by which it can be distinguished from any other seal?  yes
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XI [11].  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  Witnesses

XII [12]. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No

XIII [13].  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  [struck out - not that he [ill] ]

XIV [14].  If the applicant' name is not found on the rolls of military service, has he produced a witness or witnesses to his service?
  If he has produced direct proof of service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses?
  Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes

XV [15].  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have personal knowledge of the applicant's service?

XVI [16].  Are the papers authenticated as the regulations direct?  yes

XVII [17].  Are the seven interrogatories prescribed by the War department answered satisfactorily?  And, if not, which of them is not so answered?

EXPLANATORY NOTES

QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he servedm he should amend his declaration by making an affidavit in the following words:

"Personally appeared before me , the undersigned, a Justice of the PEace, &c. A. B. who, being duly sworn, desposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades;  For ___ year and ___ months, and ___ days, I served as a ___ For ___ months and ___ days, I served as a ___; and for such service, I claim a pension.
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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the
officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the
applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths
must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

QUERE XVI. Mode of authenticating
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of
office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.




The 8 months service in 1778 can not be admitted -- must prove his naval service -- [ill ill]
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Jac Ross Wells
Stebenville
10 Apr 1833
Rec Vol 25
Page 27
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~ War Department
Pension Office 10 April 1833

Sir

The case of David E Smith has been examined.  The service performed by him at the Carslile Barracks in 1778, and his naval service cannot be admitted. __

The Act of June 7, 1832 requires 6 months service to secure its provisions and as his service is but two months deducting the aforementioned, his claim is rejected and the papers are retained on the files of this office.

I am your obt Serv't [obedient servant]

James Ross Wells Esq.
Clerk
Steubenville
Jefferson County
Ohio
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(Ed. 10-9-1902 -- 230,000,)
No. 17. TREASURY DEPARTMENT

Wash DC Jan 27 - 08

Commissioner of Pensions, Wash D.C.

Gentlemen,

Can you give me any information relative to the services of  Wm Huffman of Ohio or Penn in Rev War also of David Smith of Ohio or Penn

Resp Yours
J.M. Huffman
#702  - Ht U. U.

[stamp] U.S. Pension Office Jun 29 1908
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(3 - 223)
No. 9710  
Revy 
OLD WAR INVALID
David E Smith of Ohio

P.O.
Service:
Enlisted:  , 18__
Discharged:  , 18__

Application Filed:  , 18__

J. R. Wells Apr 10, 1833
1908 July 6 Hist to J M Huffman