Revolutionary War Pension and Bounty Land Warrant Application File R 9674, for Benjamin Smith, New York
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(8 - 1776)
Service New York
Smith, Benjamin Abba Abigail
Number R9674
Contents
on Long Island, N.Y.
d. May 1833.
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State of Pennsylvania County of 
88 : 
On this Seventeenth day of July
1854 before the subscriber a Justice of the Peace in and for said County personally appeared Robert Smith a resident of the town of
in said County aged forty six years and made oath according to law that he is directly interested in a claim against the United States for a pension 
supposed to be due to his mother B
Smith a Revolutionary Soldier and to his widow Abbie Smith their 
dependent is one of the children
and he herby appoints Samuel Lar
of Buffalo, N.Y. his Attorney to prosecute said claim, and examine all papers and documents in relation thereto, on file in any of the Departments at Washington City or elsewhere, and to receive from the officer authorized to issue the same, a certificate for a pension or any arrears or increase of pension, or any 
as Deponent might or could do were he personally present at the doing thereof; and her hereby revokes all former powers if any inconsistent with the above hereby ratifying and confirming whatsoever Deponent's said Attorney shall lawfully do or cause to be done in the premises. In witness whereof the said Deponent has hereunto set his hand and seal the day and year first above written.
Robert Smith 
[L.S.]
SWORN TO SUBSCRIBED AND ACKNOWLEDGED, before me, on the day and year first above mentioned, and I certify that I believe that Deponent to be directly interested in the claim above mentioned, and the identical person therein alleged and described, and that I have no interest in the result of said claim and am not concerned in its prosecution.
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Luzerne County SS.

[a taped over seal]

J. Anson Curtis Prothonotary of the Court of Common Pleas in and for Said County of Luzerne Do. Certify that G. Burrows Esq. before whom the within + forgoing acknowledgment was taken was at the time of takeing the ^same and now is an acting Justice of the Peace in and for Said County Duly Commissioned and sworn this acts as such are intitled to full faith and Credit and that his Signature to said acknowledgment is in his own Proper handwriting .

In Testimony where of I have hereunto signed my name + affixed the seal of said Court at Wilkes Barre this 17, day of august AD 1854.

A Curtis, Prothonotary
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No 12564

Abba Smith
Widow of Benjamin

["NY" crossed out] Penn

act 7 July 1838

[bottom left] 9674

[perpendicular on right side] Report to John A Curtis Huron Wayne Co NY
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Declaration

In order to obtain the benefits of the act of Congress of the 7th of June 1832

State of Pennsylvania }
County of Luzerne } SS

Personally appeared on this 2d day of December 1845 before the Subscriber a Judge of the Courts in and for the County aforesaid Abba Smith of Exeter in Said County aged Eighty Years & After being duly Sworn deposeth and saith that she is the widow of Benjamin Smith late a soldier in the war of the Revolution and who died the twenty ninth of May 1833. Eighteen hundred and thirty three. This deponent doth on her oath make the following declaration in order to obtain the benefits of the Provisions made by the act of Congress of the 7th June 1832 That her aforesaid husband Benjamin Smith, Enlisted in a Company Commanded by Capt Jackson in 1777. Seventeen hundred and Seventy Seven. for during the war Served to the Close of the war, Was twice taken prisoner by the British, Was in the Battle of Brandewine and other Battles was wounded in his left leg by a Ball and two buck shot, which remained in his leg untill his death. That he was Honorabby discharged and drew Bounty land That this Deponent was married to the said Benjamin Smith in Hempsted on Long Island in the State of New York. This deponent in the name of the deceased Husband Benjamin Smith Makes the above application for the Pension due to her aforesaid Husband Benjamin Smith at the day of His Death be the twenty ninth of May 1833

That Her Said Husband never drew a Pension in this State or in the United States. To Substaneiate this Claim this deponent Submit the following annexed proof Sworn to and Subscribed before me This 2d day of December 1845

Henry Pettebone
Associate Judge

Abba [her x mark] Smith

I Certify that the above named Abba Smith is a highly Respectable old lady. That I Concidir her to be of the age Represented by her. That on account of Bodily infirmity She Cannot attend the Court to make this her declaration
Henry Pettebone
Associate Judge

Report to John F Curtis Huran Wayne C NY
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Declaration

In order to obtain the benefits of the act of Congress of 7th July 1838 granting half pay and pension   to certain widows -- and of the act of March 3d 1843 and of June 17th 1844.

State of Pennsylvania }
County of Luzerne } SS.

On the 2d day of December 1845 personally appeared before the subscriber a Judge of the Court in and for the County aforesaid Abba Smith of Exeter in said County aged Eighty years. After being duly Sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provisions made by the act of Congress of the 7 of July 1838 granting half pay and pensions to certain widows and of the act of Congress of March 3d 18[43] and of the act of June 17, 1844. That she is the widow of Benjamin Smith who was a soldier in the war of the Revolution. That he resided during the War of the Revolution on Long Island in the State of New York That he Enlisted in the year 1777 Seventeen hundred and Seventy seven for during the war under Capt. Jackson Served under Genl. Putnam was in the Battle of Brandewine and Several other Battles. was twice taken prisoner By the British, was wounded in his left Leg by a ball and two buck shot which remained in his leg untill his death. That he obtained an Honorable discharge and drew Bounty Land. This deponent further deposeth and saith that She was married to the Said Benjamin Smith in the town of Hempsted on Long Island in the fall of the year 1783. Seventeen hundred and Eighty three. That her Said husband died in the month of May 1833. Eighteen hundred and thirty three That She knows of no Record or documentary proof of her marriage and believes there are none That she was not married to him prio to his leaving the Service, but that the marriage took place before the first of January 1794 [illegible] at the time above stated. That she has not since married but remained his widow.

Subscribed to and Sworn before me }
this 2d day of December 1845 }
Henry Pettebone }
Associate Judge

Abba [her X mark] Smith

I Certefy that the above named Abba Smith is a respectable person and worthy of Credit. That I consider her to be of the age Represented By her. That on account of Bodily infirmity she Cannot attend the Court to make this her declaration

Henry Pettebone
Associate Judge

State of Pennsylvania }
County of Luzerne } SS.

Personally appeared before the Subscriber a Justice of the Peace of the County aforesaid Sarah Cary of Exeter in said County aged fifty nine years. after being duly sworn according to law deposeth and saith that Abba Smith who is applying for a pension as the widow of Benjamin Smith who was a soldier in the war of the Revolution is this deponents Mother and that the said Benjamin Smith was this deponents father That her said Father and Mother were living together as husband and wife at the time of this deponents first recollection. That they continued to live together as such untill his death which took place the twenty ninth of May 1833. Eighteen hundred and thirty three, that her Said Mother has since remained his widow. That this
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deponent has often heard her said father tell of being in the war of the Revolution. This deponent always understood and believed her said father Served during most of the war of the Revolution and thereby became entitled to Bounty land. That her said father was always since this deponents first Recollection a criple in his left leg. That this deponent always understood and believed that it was inconsaquence of a wound he Received while in the Service of the United States during the war of the Revolution That her said father died without having obtained a Pension

Subscribed and Sworn before me }
This 25th day of September 1845 }
Harris Jenkins J.P.

Sarah [her x mark] Carey

I Certify that the above named Sarah Cary is a respectable human and worthy of Credit.

Harris Jenkins

State of Pennsylvania }
County of Luzerne } SS.

Personally appeared before the Subscriber a Justice of the Peace of the County aforesaid Betsey Phillips of Exeter in Said County aged fifty Eight years. after being duly sworn according to law deposeth and saith Abba Smith who is applying for a Pension as the widow of Benjamin Smith is this deponents Mother, and that the said Benjamin Smith who was a Soldier in the war of the Revolution was this deponents Father. That her said father had a wound in the left leg which he always said he Received while in the war of the Revolution. That he died the twenty ninth of May Eighteen hundred and thirty three leaving as his widow the present applicant for a pension Abba Smith who still remains his widow.

Subscribed and Sworn before me }
This 25th day of September 1845 }

Harris Jenkins J. P. 

Betsey [her x mark] Phillips

I Certify that the above named Betsey Phillips is a respectable person and worthy of Credit

State of Pennsylvania }
County of Luzerne } SS

Personally appeared before the subscriber a Justice of the Peace in and for the County aforesaid, William Osborn of Lacawana in Said County aged sixty six years. after being duly sworn according to law deposeth and saith that the last forty Eight to fifty years he has been personally acquainted with Abba Smith who is applying for a pension as the widow of the late Benjamin Smith. That this deponent was also equally well acquainted with the Said Benjamin Smith and his family. That at the time this
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deponent first became acquainted with the Said parties they war living together as husband and wife and had had the reputition of being such. That they then had Children the oldest of which was then nine or ten years old and is the Same person that has Signed the foregoing affidavit. (Namely). Sarah Cary. That Betsey Phillips was always Reputed to be their Child and was Eight or nine years old when this deponent first knew the family That the present applicant for a Pension widow Abba Smith is the Same Individual that was living with the Said Benjamin Smith as his wife forty Eight or fifty years Since. That the Said Benjamin Smith died in May 1833, leaving his widow the present applicant for a Pension Abba Smith

Subscribed and sworn before me }
this 25th day of September 1845 }
Harris Jenkins J.P.

William Osborn [signed in William Osborn's own writing]

I Certify that the above named William Osborn is a Respectable person and worthy of Credit. 
Harris Jenkins

State of Pennsylvania }
County of Luzerne } SS.

Personally appeared before the subscriber an Associate Judge in and for the County aforesaid Harris Jenkins of Pittston in Said County aged Sixty one years after being duly Sworn according to law deposeth and saith, that for the last fifty (50) -- years he has been personally acquainted with the present applicant for a Pension Widow Abba Smith and with her late husband Benjamin Smith. That the said parties war living together as husband and wife for the said fifty years and had the reputation of being such That [crossed out "Betsey Cary and"] Sarah Cary and Betsey Phillips are and always have been Considered Children of the Said Benjamin Smith and the present widow Abba Smith. That from this deponents long acquaintances with the family he thinks the above named Sarah Cary + Betsey Phillips are of the age represented by them in their affidavits as above. That the Said Benjamin Smith died in May 1833, leaving the present applicant for a Pension as his widow who still remains a widow.

Sworn & Subscribed before me December 4, 1845
Henry Pettebone
Associate Judge

Harris Jenkins [signed in Harris Jenkins' own writing]

I Certify that the above named Harris Jenkins is a Respectable person and worthy of Credit.
Henry Pettebone
Associate Judge
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State of Pennsylvani
Luzerne County SS }

I Andrew Bedford Prothonotary of the Court of Common Pleas for the County of Luzerne aforesaid, do Certify that the Hon. Henry Pettebone before whom the foregoing affidavits were made, is an acting Associate Judge of the Court of Common Pleas, for said County, duly Commissioned & Sworn into office and that the signature purporting to be his in genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Wilkes Barre this fifth day of December A.D. 1845.

A. Bedford Prothonotary
By Hugh Fell

State of Pennsylvania }
Luzerne County 

I Andrew Bedford Prothonotary of the Court of Common Pleas of said County do Certify that Harris Jenkins Esquire before whom the foregoing affidavits were made war at the time of so doing an acting Justice of the Peace for the County of Luzerne aforesaid and that the signature purporting to be his genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Wilkes Barre this fifth day of December A.D. 1845

A. Bedford Prot.
By Hugh Fell
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Papers in care of Abigail Smith.

Abba Smith

wid of Ben

Aug 6 52
S A Peugh
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POWER OF ATTORNEY--Revolutionary Pension Claims.

Know all Men by these Presents, That I, Elizabeth Philips [illegible] Daughter of Abigail Smith who was the Widow of Benjamin Smith of Ransom in the County of Luzerne of the state of Pennsylvania do has hereby constitute and appoint Samuel A. Peugh of Washington City of the District of Columbia my true and lawful Agent and Attorney, to prosecute the Claim of a Pension for the Heirs of Abigail Smith for any amount of Revolutionary Pension, or Increase of Pension, that may be due ; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere ; to file additional evidence or arguments ; and to receive the Certificate which may be issued for said Claim, which Certificate I wish made payable to Heirs of Abigail Smith

to appoint one or more substitutes under him for the purposes herein expressed ; and to do all things that I might or could do were I personally present. Hereby ratifying and continuing all that my said Attorney and Agent shall lawfully do in the premises. & hereby revoking all other powers made in the [illegible]
Witness my hand and Seal this eighth day of July -- A. D., 1852.

Elizabeth [her x mark] Philips ["Seal" written in the center of a scribbled circle]

Signed and Sealed in the presence of }
Witness Benjn Smith
Witness Malissa Phillips

State of Pennsylvania }
County of Luzerne } ss:

On this Eight day of July 1 A. D. 1852 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Elizabeth Philips and acknowledged the foregoing Power, of Attorney to be her act and deed, for the purposes therein mentioned.

In testimony whereof, I hereunto set my hand, the day and year aforesaid. }
Benjn Smith J. Peace.
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Claim of
Act of

-------------------

State of Pennsylvania }
County of Luzerne } ss.

Be it known, That on this Eighth day of July. A. D., eighteen hundred and fifty two, before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Elizabeth Philips a resident of Ransom in said County, and made oath according to law that she is the daughter of Benjamin Smith of the Revolutionary service and of Abigail Smith his Widow, deceased, that the said Abigail Smith was an Applicant for a Revolutionary Pension

[crossed out "who was a Revolutionary Pensioner"]

[crossed out "at the rate of Dollars per annum"] ; that she has been informed that the said Pension ought to be allowed that she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as [crossed out "my"] her Agent may use in prosecuting said claim.

Sworn to and subscribed, the day and year aforesaid, before me. }
Benjn Smith J. Peace. }

Elizabeth [her x mark] Philips

I, Benjn Smith Justice of the Peace, in and for said County do hereby certify that Elizabeth Philips who executed the foregoing paper is a respectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.
Benjn Smith J. Peace.

I, Clerk of the Court in the County and State aforesaid, do hereby certify that before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to administer caths; and the name thereunto subscribed is signature.

In testimony whereof, I have hereunto subscribed my name and affixed my official Seal, this day of A. D. 185

Clerk.
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State of Pennsylvania and 
County of Luzerne } ss.

It is hereby certified that satisfactory evidence has been exhibited before me Justice of the Peace that Benjamin Smith was in the revolutionary service & left as his a Widow Abigail Smith that the said Abigail Smith was an Applicant for a Revolutionary Pension, of the United States [crossed out "that was a Revolutionary Pensioner of the United States at the rate of $ per annum"] and that she died on the Twenty Eighth day of July A.D. eighteen hundred and forty seven leaving surviving her Sarah Cary, W of Barnabas Cary, Mary Brewer, Widow of Francis Brewer, Elizabeth Philips, wife of Hosea Philips, Deborah Belcher, wife of David Belcher, John Smith, Robert Smith, Abigail Millage, wife of Levi Millage and Catherine Spinks, wife of Charles Spinks. and that-- Sarah Cary, W of Barnabas Cary, Mary Brewer, Widow of Francis Brewer, Elizabeth Philips, wife of Hosea Philips, Deborah Belcher, wife of David Belcher, John Smith, Robert Smith, Abigail Millage, wife of Levi Millage and Catherine Spinks, wife of Charles Spinks are now the only surviving children of the aforesaid. Abigail Smith, deceased.

In Testimony whereof, I have hereunto set my hand and affixed my seal of office this Eighth day of July one thousand eight hundred and fifty. two

Benjn Smith J.P. ["Seal" written with a circle scribbled around it]
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REJECTED [stamped]

9674

P.O. Alba Smith

Service: Benjamin

Enlisted: , 18
Discharged: , 18

Application filed: , 18

Alleges:

Re-enlisted:

Attorney:
P. O.

Recognized. Contrac
Cert. of Dis. Searched for , 18
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[small dark square]

act July 7, 1838
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Buffalo N.Y. August 26th 1854.

Sir. -

Enclosed please find affidavit of Robert Smith one of the children and heirs of Benjamin and Abba Smith deceased who applied for a pension in their life time, but died without receiving the same.

The Enclosed affidavit is made for the purpose of [illegible] the situation of the claim. what service was claimed to have been performed, what proof has been made, and what objections still exist to allowing the pension to the children or him. A full report in the case is most respectfully [illegible].

I am very respectfully,
Your Obt. Servt.
Samuel Lake
By H.C. Mead

L.P. Waldo Esq.
Com of Pensions
Washington
D.C.
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State of New York }
Secretary's office }

I certify that it appears by the Military Register in this office that on the first day of January 1777 Benjamin Smith enlisted as a Soldier in the Fourth New York Regiment commanded by Henry R. Livingston Capt. Jacksons company to serve during the War and was Mustered to January 1782.

Archd. Campbell
Dep. Sec. of State

Albany Dec. 17, 1845.

paid fees 25 cents