Revolutionary War Pension and Bounty Land Warrant Application File R. 9779, for Joseph Smith, New York
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( 3-1776 ) 

SERVICE 
New York 

Smith, Joseph 

NUMBER 
R. 9779 

CONTENTS
b. June 22, 1759 in Swago, Dutchess Co. N.Y.
res. at enl. Dutchess Co. N.Y.
res. in 1833 Johnstown, Montgomery Co. N.Y.
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Joseph Smith
Montgomery
Co
N york
e.f.

John V. Berry
Johnstown,
Montgomery
NY
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WAR DEPARTMENT. 
Pension Office, 
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 
A Statement, shewing the service of Joseph Smith

[BEGIN TABLE]
Period when the service was rendered  |  Duration of the service Years. Months. Days.  |   Rank of the claimant.  |  Names and Rank of the Company officers under whom he served.  |  Rank of the General and Field officers.  |  Battles in which the applicant was engaged.  |  Country through which he marched.  |  Place of abode when he entered the service, and age at the present period.  |  Evidence by which the declaration is supported.  |
Feby 1777  |  3 Months.  |  Private  |  Capt not recd Lt Holmes  |  Colo Carpenter  |  Stillwater  |  Marchd to Kings Bridge  West Point  hunting Tories  Dutchess to Stillwater in 1777  |  73 years Dutchess Co New York  |  Traditionary & Clergyman  |
Sumr. 1778 “after his return from West Point he was appointed a non Comd officer of the Company Capt Shaver” “that he was out for the greater part of two years”  |  1 Month  |    |  officers not recold.  Capt Shaver |    |    |    |    |    |
1777  |  1 Month 15 Days  |    |  Capt Platner  |    |    |    |    |    |
[END TABLE]
The deponent states “that he can safely state that he served at least one year”
I am, respectfully 
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot be admitted that the claimant’s allegations are insusceptible of proof, and the regulations require the best evidence to be produced. My Dear Sir we say we have given you the best proof in our power, traditionary; and this is all Gov Cass in his instructions requires don’t violate his own rules
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: 
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION. 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory or District of County } ss.
On this ___ day of ___ personally appeared (a) before __ A.B. a resident (b) of ___ in the county of ___  and State, territory or District of ___  ages (c) ___ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___  , with ___ and served in the ___ (e) regiment of the ___ line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which marched. [ ]This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ___
Sworn to and subscribed the day and year aforesaid. ____ A. B. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I _____ of the Court of ____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ___for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this ___ day of ___&c. 
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
 (k) We, A. B., a Clergyman, residing in the ___ and C. D. residing in (the same) hereby certify, that we are well acquainted with ___ , who has subscribed and sworn to the above declaration; that we believe him to be ___ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. ___ who has signed the preceding certificate is a clergyman, resident in the ___ and that C.D., who has also signed the same is a resident in the ___ and is a credible person, and that their statement is entitled to credit. 
I ___Clerk of the Court of ___ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of ___ for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 
1. Where and in what year were you born? 
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6.  {To a Soldier} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?}
6. {To an Officer.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?}
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. 
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned. 
[d] The declarant must in the period or periods of the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination claim cannot be had. Every claimant must state, with precision, the length of his of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: 
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection he served not less than the periods mentioned below, and in the following grades:--For __ year ___ months , and ___ days I served as a ___. For ___ months and ___days, I served as a ___; and for such service I claim a pension." 
It is important, in all cases, to determine with precision the period for which each applicant served, and 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 that 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 declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent 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.  [side note] Answered
[f] The law makes the relinquishment indispensable. 
[g] The opinion of the Court is always required. 
[h] The Clerk must give his certificate in every case. 
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no 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.
Mode of authenticating papers. 
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 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. 
Proof of Service. 
[j] In a case where the name of the applicant is not found 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 claimant’s 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. [side note] answered
[ ] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies in continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
All the interrogatories answered in new & old together
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Joseph Smith 
22044 
Please send answer to Jno. V. Berry Johnstown M. C. N.Y 

[vertical text]
Joseph Smith
application
Sworn
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State of New York 
Montgomery County ss. 
Personally appeared before me the undersigned a Justice of the peace in & for said county. Joseph Smith, who being duly sworn deposeth and saith, that, by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below & in the following grades: In the year 1777 under Lieut Holmes, there was no captain belonging to Col Carpenters Regiment. I served 3 months as a private. In the militia. In the year 1778 under Capt Jacob Shaver Lieut Peter Bogart Ensign Philip Nickerbacker in Col Carpenters Regiment. I served one month at West Point. In the fall of 1777 I served 1 month & 15 days as stated by me in my declaration as a private. In 1780 I served 2 months as a corporal in Capt Shavers Company, at this time he lived in Dutchess County Livingstons manor & went from there to Saratoga and along the North River up in the then County of Tryon, he went on a scout: In the year 1781 I served 2 months under the last mentioned officers in the County of Dutchess on the frontiers of said county on alarms as a corporal and for this service I claim a pension. he did not serve in garrisons and that he was not employed in any civil pursuit during the time which the service was performed He drafted & volunteered into the service he cannot state any other or more circumstances then have been stated by him in his first declaration 
[signed] Joseph Smith
Sworn & Subscribed this 21st day of July 1833 Before me 
[signed] Aaron Haring Jus Pacis. 

State of New York 
Montgomery County } ss  I George D Ferguson Clerk of Montgomery County do hereby certify that Aaron Haring Esquire before whom the above affidavit purports to have been sworn was on the day of the date of the Same a Justice of the peace in & for said County; and I am well acquainted with his hand writing & verily believe the name thereunto subscribed as such Justice to be genuine 
Given under my hand & seal of office this 31st day of July 1833 
[signed] Geo: D. Ferguson
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State of New York 
County of Montgomery } SS 
On this 21st day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before Aaron Haring First Judge and Samuel A Gilbert John Hand Henry S Diefendorf and Abraham Morrell assistant Judges of the Court of Common Pleas of the County of Montgomery and State of New York now sitting Joseph Smith a resident of the town of Johnstown in the County of Montgomery and State of New York aged Seventy three years on the twenty second day of June last past who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832: That he entered the service of the United States under the following named officers and served as herein stated 
In the year seventy seven sometime in the month of January or February which month and what day of the month this applicant is unable to state, he went in the service of the United States, that the militia were called out in mass from the place where he this applicant then resided, Dutchess County and State of New York and marched from the last mentioned place his said place of residence to Kings Bridge fifteen miles this side of new York, for the purpose of retaking Fort Washington or Independence he forgets which, which had been taken by the British Gen Howe sometime in the month of October or November 1776; that the Regiment which he belonged to was commanded by Colonel Carpenter, that he does not recollect the names of any of his company officers except Lieutenant Holmes & Ensign Ely or other field officers except his Colonel that he was in the service at that time for the space of three months and that he has no other recollection of any circumstances that occurred during this time and that he has no other or further evidence of his service during that time aforesaid except this his own declaration; that he, again, in the summer following in the year 1778 he thinks drafted and went to West Point and remained there for the space of one month, that he cannot recollect the names of any of the officers under whom he served, at that time, he this applicant went out about the first of June and returned a short time before harvest
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making in all a little more than one month; but the said applicant being wholly unable on account of the failure of his the said applicants memory to state the precise date when he drafted and when he returned, does not claim pay for a longer time than the space of one month during the said time he remained at West Point, and this applicant says that he has no other or further proof of this said term than his own imperfect narrative. After his return from West point, he was appointed a non-commissioned officer of the Company of Captain Jacob Shaver and Lieutenant Peter Bogart & Ensign Knickerbacker this company was a militia company raised at the place where this applicant then resided (Dutchess County aforesaid) for the purpose of hunting out the Tory Robbers, that he was out for the greater part of two years precisely in this manner, sometimes two or three days during a week and sometimes he this applicant was out all night and he this applicant says that he spent the greater part of this two years in this manner; and he further says that all his witnesses are dead with whom he might, if they were alive prove those services And this applicant further says that also in the year 1777 sometime in the month of September in that same year after his aforesaid return he again drafted in the three months service, that he went from Dutchess County aforesaid, to Sillwater [Stillwater], under Gen Gates, that he does not recollect the names of the Regimental officers, the company to which he belonged at this time was commanded by Captain Marcus Platner and the other officers names he does not recollect, that he was at the Battle of Still water and at the capture and surrender of Burgoyne at Saratoga in seventy seven, that after the Surrender of Burgoyne they returned home to Dutchess which surrender was on the sixteenth day of October; that the distance they travelled between those two places were between seventy and Eighty miles, that he was out at that time at least a month and a half during that time, that they came down as far as Albany and were then discharged and that he has no other evidence except this his own statement.
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He your applicant, says, that he can safely state that he served at least one year during the Revolution. He was born in a place called Swago Dutchess County, State of New York in the year 1759 He has a record of his age his fathers Bible in which was recorded the birth of his children. He has resided in Dutchess County during the whole time of the war. He has resided since the Revolution in Johnstown aforesaid his present place of residence: He has no documentary evidence of his service and knows of no person living by whom he can prove his services or any part of them. He is acquainted with the following persons in his neighborhood who can testify as to his character for truth and veracity and their belief of his service as a soldier of the revolution to wit, Rev Simon Hosack & Aaron Haring: He recollects no regular officers names 
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 
[signed] Joseph Smith
Sworn and Subscribed the day and year aforesaid
[signed] Geo: D. Ferguson, Clerk 

We Simon Hosack a clergyman residing in Johnstown and Aaron Haring residing in the same town hereby certify that we are well acquainted with Joseph Smith who has subscribed and sworn to the above declaration that we believe him to be 73 years of age. that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion 
[signed] Simon Hosack Pastor Prespln. Church Hohn. M. Co [Presbyterian [?] Church Johnstown Montgomery County]
Aaron Haring
Sworn and Subscribed the day and year aforesaid 
[signed] Geo: D. Ferguson, Clerk 

And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states: And the court further certifies that it appears to them that Simon Hosack who has signed the preceding certificate is a clergyman resident in the town of Johnstown and that Aaron Haring who has signed the same is a resident of the same town and is a credible person and that their statement is entitled to credit
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I George D. Ferguson Clerk of the Court of Common Pleas of Montgomery County, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Smith for a pension 
In testimony whereof I have hereunto set my hand and seal of Office this 21st day of September 1832 
[signed] Geo: D. Ferguson

Johnstown M. C. N.Y.
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9779.
P.O.
Joseph Smith
Service: 

[stamp] REJECTED

Enlisted:  , 18  .
Discharged:  , 18  .
Application filed:  , 18  .
The printed list of 1852 gives cause of suspension as “Officers’ names, times and places, and the duration and rank of the service are deficient.”
Attorney: 
P. O. 
Recognized.   Contract.
Cert. of Dis.   Searched for  , 18  .
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New York
Revo
Joseph Smith
Suspended
let J V. Berry
22 Oct. 1833
9779
Act 7 June 32
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TO THE HON. THE COMMISSIONER OF PENSIONS: 
I hereby appoint Mr. Giles F. Yates of Schenectady, N. Y. my true and lawful attorney, with power of substitution, to prosecute before you the claim of Joseph Smith of Johnstown N.Y. for a pension under the act of 7th June 1832 and I hereby revoke all powers of attorney by me at any time heretofore made. 
You will be pleased to allow him, or his substitute, to examine the papers on file in your office relating to this claim. Witness my hand and seal this 15th day of October 1852 
[signed] Jesse Smith J.P.
Signed, sealed and acknowledged before me –
[signed] H. C. Jones Justice of the Peace
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STATE OF NEW YORK, 
Fulton County Clerk’s Office, } ss.  I. PETER W. PLANTZ, Clerk of said County, do hereby certify that H. C. Jones Esquire, whose name is subscribed to the certificate of proof or acknowledgment to which this is annexed, was on the date of the same, a Justice of the Peace in and for said County, duly qualified and authorized by law to take the same, And further, that I am well acquainted with the hand-writing of said Justice, and verily believe that his signature to the said certificate is genuine. 
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, at Johnstown, this 15th day of October 1852 
[signed] Peter W. Plantz Clerk.

Oct 1852
G. F. Yates
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N.Y.
John V. Berry 
22d Oct. 33 
OC
Recd. vol 30 p. 63.
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War Department 
Pension Office 
Oct 22 1833 
Sir 
The papers relating to the claim of Joseph Smith have again been examined. The specification required on a former examination in regard to the officers under whom he served, time in which the service was performed not having been fully complied with nor any proof produced the case is suspended and the papers placed on file – 
There are numerous applicants for pensions who served at the same period, alleged by the claimant, & under the same officers: in order to a favorable decision on the case same proof is requisite 
John V. Barry Esqr 
Johnstown 
New York