Revolutionary War Pension and Bounty Land Warrant Application File R 9699, for Bryant Smith, North Carolina
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SERVICE N.C.
Smith, Bryant
R 9699

Contents

b near Winchester, Va. Aug. 8, 1763 –
res at enl Randolph Co. N.C.
res in 1843, Marshall Co. Ala.
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35558

Bryant Smith
Alabama
Act 7, June 32
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On this the twenty third day of June one thousand and eight hundred forty three personally appeared before me as acting Justice of the Peace in and for this County of [illegible] & State of Alabama Bryant Smith of the County and State aforesaid aged eighty years and [illegible] months; who being duly sworn and according to law doth on his oath make the following declaration in order to claim his Benefits of the act of Congress passed June the Seventh AD 1832.  That he was born near Winchester in the State of Virginia on August the 8th  AD 1763.  My father migrated from there to North Carolina Randolph County when I was in my third year of life & was raised until within five months of my seventeenth year.  [illegible] there I entered the service of the United States a private volunteer in a [illegible] Company under the command of Captain William Grady.  Commanded by Colonel Dougan in [illegible] the Regiment Commanded by Col Littrell on this first day of May AD 1780.  We rendezvoused at Randolph Court House North Carolina.  from there we marched directly for the main army near Guilford Court House in Guilford County North Carolina.  Two days after our arrival to the main army [illegible] Battle at Guilford Court House was fought which occurred on the fifteenth day of March AD 1781.  We were commanded by Genl. Green and the British by Lord Cornwallis.  The engagement commenced about the middle of the day by cannonading after which the British advanced in a column and attacked that portion of our army which was composed of the North Carolina militia which at the first attack on ran.  Many [illegible] firing a single [illegible].  [illegible] lines fought with courage and those of us  who at first [illegible] returned to assist those engaged and we kept up a heavy fire for about two hours [illegible] at length [illegible] the British being more disciplined and better soldiers.  We lost in this engagement between four and five hundred men killed and wounded.  Cornwallis three or four days after the battle returned [illegible] and a place called Washington.  We pursued after him but had not marched over one hundred miles before the company to which I was attached was
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Ordered back to Randolph Couty North Carolina to surprise the [illegible].  Warfare there had broke out and was carried on by [illegible] Tories commanded by a man by the name of Fanning in the mountains in this county.  We came upon him and his company at Ransom Mills on Deep River in which we had a [illegible] skirmish which however was not attended with any loss on either side as the Tories made their [illegible] to pursue them which we could easily do from the traces of their [illegible] until we came upon them again at a place called Cane Creek meeting house where we had an engagement with them in which the Tories lost fifteen and then we continued in the county [illegible] two different stations on Deep River at Bells Mills at the cross roads about five miles apart our services principally [illegible] watching the movements of the Tories and preventing their [illegible].  I remained engaged in this manner until my forms of service expired which was for one year.  At which time I received my discharge from Col. Dougan which has been lost many years ago by the burning of my father in law’s house with whom I then lived in Surry County North Carolina.  I afterwards moved back to Randolph County.  From there I moved to Hawkins County Tennessee then to Blount County Alabama where I resided until the territory belonging to the Cherokee Indians was ceded to the United States out of a portion of which the new county of Marshall was constituted in which I now reside.  I know of no living persons by whom I can corroborate the above statements.  I hereby relinquish any claim whatever to a pension or annuity except the present and declare that my name is not on the pension roll of the agency of any state if any only on those of the agency of the State of North Carolina.  

Signed and swore to before me this the 23rd day of June AD 1843
B S Parsons
Justice of the Peace 

My
Bryan X Smith
Mark
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I William C. Mynate a minister of the gospel in the county of Marshall and State of Alabama hereby certify that I am well acquainted with Bryant Smith and that I [illegible] and swear on the above declaration that I believe him to be eighty years old and upward.  that he is reputed and believed in the neighborhood in which he resides to have been a soldier of the Revolution and concur fully in that opinion

Signed and sworn to this day and year aforesaid 
B S Parsons
J Peace

William C Mynate

And I the said B S Parsons am acting Justice of the peace in and for the County of Marshall and State of Alabama do hereby declare it as my opinion after the investigation of the matter and after pulling the interrogatories prescribed by the War Department that the above named Bryant Smith who from bodily infirmity is unable to attend a Court of Record was a Revolutionary soldier and served as he states and do further certify that William C Mynate who has signed the preceding certificate is a minister of the Gospel and is a credible person and his statement entitled to implicit credit

B S Parsons
Justice Peace

The State of Alabama
Marshall County 

R S Randles Clerk of the County [illegible] County and State of and in do hereby certify that Benjamin S Parsons whose name appears in the foregoing attestation is and was an acting Justice of the peace in and for the County and State aforesaid and that all his acts as such is entitled to full faith and credit.  Given under my hand and ^ [illegible] ^ and there being no seal offered this the 27th day of June AD 1843

R S Randles Clerk 

The State of Alabama
Marshall County

I W T May Judge of the County Court for the County and State aforesaid
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Certify that [blank space] whose name appears in the foregoing certificate 

[rest of paragraph illegible due to ink bleeding through from other side of document]

W T May 
Judge of the County Court

[written along the left side of document] 35559 Bryant Smith Alabama Act 7 June 32
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Amended Declaration of Bryant Smith 

The State of Alabama
Marshall County

Personally appeared before me the undersigned a Justice of the peace County and State aforesaid, Bryant Smith who being duly sworn deposeth and sayeth that by reason of old age and consequent loss of memory he cannot swear positively as to the precise time and length of his service but according to the best of his recollection since making out his former statement that instead of joining the army at the time therein specified, he entered the Army early in the year 1778 in a company of cavalry under Col Dougan and Captain Gray for six months after the expiration of which time, and towards the close of said year Proclamation was made to raise troops for five years, or for during the War when deponent enlisted for five years, or for during the War under Captain Shepard.  The name of the Regiment he cannot recollect (in Randolph County State of North Carolina) as a private.  Deponent further states that he was in the engagement at Guilford Court House, the American Army commanded by General Green, the detachment deponent was under was commanded by Genl Henger.  Deponent was in several skirmishes with the Tories – one at Cane Creek Meeting House another at Ramsers Mills. -  Deponent further states that he remained in active service stationed at different places [illegible], Bells Mills Speedwells Iron Works the Cross Roads Saulsbury Hillsboro – The officers
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Of the Army I can call to mind were Generals Moran, Sumpter Henger & Green.  The Cols were Littrell Lee Washington Howard & Pickens.  The Army was furloughed after the cessation of hostilities and permitted to go home in 1783 – Deponent states that he received a Discharge from Col Dougan when the time of his first service expired – which he losst [lost] by the Burning of his Father-in-Laws House – Deponent further states that he knows of no living witness in this county to prove his services by – Deponent further states that he was born on or about the 8th of August AD 1763 – entered the army in the Spring of 1778 in his 15th year – served out his time [illegible] 6 months Received a Discharge and in the latter part of the fall of the same year [illegible] AD 1778 enlisted as above stated under Captain Shepard for 5 years or for during the war remained in the army until the first of October AD 1783 when he was furloughed and returned home.  Deponent lived after the war in Surry and Randolph Counties N Carolina afterwards settled in Hawkins County Tennessee thence to Blount now Marshall County Alabama – He hereby relinquish every claim whatever to pension or annuity except the present and declares his name is not on the Pension Roll of the Agency of any State – 

his
Bryant X Smith
mark

Sworn to and Subscribed on this the 25th day of December AD 1845

Isaac Childress
Justice of the peace
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The State of Alabama
Marshall County

I Isaac Childress an acting Justice of the Peace in the County and State aforementioned do hereby certify that I am well acquainted with Bryant Smith who has subscribed and sworn to the above and appended Declaration, that I believe him to be 82 years old, and I do further declare in my opinion after the Interrogatories prescribed by the War Department that the above named applicant was a soldier of the Revolutionary war and served as he states – and that he is totally unable from bodily infirmity and old age and the great distance he lives from the Court House to attend in open court – given under my hand and seal the day and year above written – 

J Peace Childress
Justice of the Peace

The State of Alabama
Marshall County 

We Edward Cox and Thomas Heale residing in the County and State aforesaid do hereby certify that we are well acquainted with Bryant Smith, that we believe him to be 82 years of age – that he is reputed and believed in the neighborhood where he resides and also in Hawkins County Tennessee where he lived before he emigrated to this State to have been a soldier of the Revolution and that we concur in that opinion.

Edward Cox
Thomas Hale

Sworn to and Subscribed by Thos [Thomas] Hale – Edward Cox this the 27th of December AD 1845

R S Randles
Justice of the Peace
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The State of Alabama
Marshall County

I Montgomery Gilbreath Clerk of the County Court of the county aforesaid and State aforesaid – do hereby certify that Isaac Childress and Richard S Randles are acting Justices of the peace in and for said County and their acts as such are entitled to full faith and credit

Given under my hand and Seal this the 27th day of December AD 1845
Just [Justice] M Gilbreath Seal Clerk

The State of Alabama
Marshall County

I Washington T. May Judge of the County Court of said County do hereby certify that Montgomery Gilbreath whose name appears to the foregoing certificate is Clerk of the County Court of said County and that his acts as such is entitled to full faith and credit –

Given under my hand and seal this 27th day of December AD 1845

Washington T May Seal
Judge of the County Court [illegible]
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State of North Carolina

Office of Secretary of State

I William Hill Secretary of State in and for the State of North Carolina, do hereby certify, that it appears from the muster rolls of the Continental line of this State in the revolutionary war, that Bryant Smith a private Soldier in Capt. Shepard’s Company of the 10th Regiment, enlisted some time in the year 1778, that a land warrant was issued for his services on the 22nd day of October 1783 for 342 Acres, being the quantity of acres allowed for 45 months service.  The warrant is No. 146, and was obtained on the certificate of a Field Officer.

Given under my hand this 26th day of November 1843.

Wm [William] Hill Secretary of State
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Raleigh 24th Nov. 1843

Mr. James T. Laurie

I Herewith send you the certificate requested by your letter of the 14th instant.  The fees & postage on your letter amounts to 65 Cents.  South Carolina money is good here, but Georgia, Alabama & Tennessee is not.  

My certificate is as full as I can make it, containing all that appears in the muster rolls.

Yours &c

Wm [William] Hill
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[At top left of document appears a circular postmark with text – Raleigh Nov 25 N.C.]


Mr. James T. Laurie
Cedar Bluff
Cherokee County
Alabama
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[At top right of document appears a stamp with text – REJECTED]

9699

Bryant Smith
Service:  

Enlisted:   ___, 18
Discharged: ___, 18
Application filed: ___, 18

Alleges: ___

Re-enlisted: ___

Attorney: ___

P.O. ___

___ Recognized.   ___ Contract.

___ Cert of Dis.   Searched for ___, 18    .
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Raleigh N. C.
Comptroller Office

I William F. Collins Comptroller of Public Accounts in and for the State of North Carolina, do hereby certify, that the name of Bryan Smith, appears of record as having had the following payments made him for Military Service (viz) in book of Settling of the Army accounts of the North Carolina line by Wilie Jones Benjamin McCullock and Henry Montford Commissioners of Halifax in the years 1783 & 1784 he is represented as having received One Hundred and Thirty Five Pounds Five Shillings and Six pence (£ 135.5.6) amount due him and paid as follows.  Thirty Three Pounds Sixteen Shillings and Four pence was paid him in Cash and One Hundred and One Pounds Nine Shillings and Two pence in Certificates – Bryan Smith is also represented in Book No. 23 page 12 as having had a special certificate issued in his favor for Nine Pounds (£ 9) The name of B. Smith appears of record as having had the following
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Certificates issued in his favor (Viz) One for Nine Pounds Two Shillings in Book No. 26 page 33 also another for Nine Pounds Two Shillings (£ 9.2) see Boo No 24 page 47 also in same book page 60 another for Twenty Pounds five Shillings (£ 20.5) Also in same book page 68 another for Sixty Pounds (£ 60)  Also in Book G No 16 another Certificate for Forty Three Pounds Three Shillings and five pence (£ 43.3.5) (page 69) Also in same book and page another for Twenty Three Pounds Three Shillings (£ 23.3) given under my had and seal this 29th day November 1845

Wm [William] F. Collins Compt. [Comptroller]
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Raleigh N.C.
November 29 1845

Mess Laurie & Cain

Sirs,

Your letter has been read dated Nov 12th in which you desire me to make a certificate upon the payments made to Bryan Smith which payments you suppose have reference to Bryan Smith.  By your request I herewith enclose you on the first page of this sheet all the payments made to [underlined: Bryan Smith} and [underlined: B. Smith] which I have been able to find on my records.  This certificate may not correspond with the one already furnished you but I have been very particular in making this research, and having had some of my records alphabeted since making you the other certificate I may have found additional payments to Bryan Smith.  however this certificate I think includes all payments which my records contain.  He may however have other payments not given in these records, as it is very
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frequently the case that the Capt or Col receives payment for his whole Company without giving the names of his [underlined: men].  I hope you will let this letter accompany the certificate as it will explain the discrepancy in the Certificates (if any) before the Department which also embraces the view which you desired me to make to the Department in relation to officers having received pay for their Company.  This however I had before made known to Mr. Edwards by a Special Communication in relation to these Military Records.

I am very truly Sirs

Your obt [obedient] Sert [Servant],

Wm. F. Collins
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Jan 14, 1846

Amended dec
Bryant Smith 

Case of Bryant Smith 

J. L. Edwards Esq.
Commissioner of Pensions.
Present.
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[Top of letterhead – Letters addressed to this Office must be post-paid.]

UNITED STATES AGENCY AND NOTARIAL OFFICE,
WASHINGTON CITY,
2 January 1846. 

[Text clockwise from top of square seal on letterhead – United States Agency and Notarial Office, Established in 1843. Seventeen doors east of the Treasury Department. E. F. Brown]

[Text inside of square seal on letterhead – EDMUND F. BROWN, ATTORNEY AND AGENT FOR CLAIMANTS, Notary Public, Illinois Commissioner, &c., Continues to settle all kinds of business with the several branches of Government, with his usual promptness, efficiency and fidelity; especially CLAIMS FOR PENSIONS, PATENTS, LANDS, Post Office and other Contracts, &c., F STREET, NEAR 14th STREET, WASHINGTON CITY.]

J. L. Edwards Esq.
Commr. [Commissioner] of Pensions.

Sir:  

Enclosed I send you an additional Certificate, and letter, from the Comptroller of North Carolina, in the case of [underlined: Bryant Smith], which was sent you sometime since by Mess.rs [underlined: Laurie & Cain], of [underlined: Cedar Bluff, Ala.] who wish me to be recognized as Agent for all the claims they have in your Office, as the Hon. R. Chapman of Ala. will testify if necessary.

Very Respectfully
Yr. Obt. [Obedient] Sv. [Servant]
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Jan 9. 1845.

[illegible] case
Bryant Smith.

J.  L. Edwards Esq.
Commissioner of Pensions.
Present.
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[Top of letterhead – Letters addressed to this Office must be post-paid.]

UNITED STATES AGENCY AND NOTARIAL OFFICE,
WASHINGTON CITY,
14th January 1846. 

[Text clockwise from top of square seal on letterhead – United States Agency and Notarial Office, Established in 1843. Seventeen doors east of the Treasury Department. E. F. Brown]

[Text inside of square seal on letterhead – EDMUND F. BROWN, ATTORNEY AND AGENT FOR CLAIMANTS, Notary Public, Illinois Commissioner, &c., Continues to settle all kinds of business with the several branches of Government, with his usual promptness, efficiency and fidelity; especially CLAIMS FOR PENSIONS, PATENTS, LANDS, Post Office and other Contracts, &c., F STREET, NEAR 14th STREET, WASHINGTON CITY.]

J. L. Edwards Esq.
Commr. [Commissioner] of Pensions.

Sir:  

In the case of [underlined: Bryant Smith}, sent you by Mess.rs Laurie & Cain of Cedar Bluff, Ala.  I sent you on 2nd inst.  a Certificate of the Compt.er [Comptroller] of North Carolina, and now enclose an [underlined: Amended] Declaration and Certificate of Identity, which please have placed with the other papers.

Very Respectfully,
Your Obt. Servt.
Edm. F. Brown
Agent.
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Jan 14. 1846.

[illegible] case
Bryant Smith.

J.  L. Edwards Esq.
Commissioner of Pensions.
Present.
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[Circular postmark – CEDAR BLUFF ALA MAR 20]

Mar 29 45

Mr. James L. Edwards
Commss of Pension
Washington City
DC
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Cedar Bluff Ala
March 20th / 45

Hon James L. Edwards 

Sir

Your of the 20th January requiring evidence of identity in the case of Bryant Smith I believe can be furnished and in order to comply with the rules and governing the Dept you will please forward the rules to me.  I cannot hesitate to believe that he is the individual named in Certificate of [crossed out text] N. Carolina the Secretary of N. Carolina.  I cannot find the name of any other Bryant Smith on record in the State.  from my knowledge of the old man’s infirm situation I am convinced he is totally incapable of making out a court statement from memory of his services.  But perhaps I may be enabled to obtain from corroborating testimony satisfactory to the Dept.  You will oblige by sending me a copy of the Pension Act of 1843 & 44 and any instructions you can transmit touching his claim will be duly appreciated.  I shall renew the claims also of Silas C Sterling and Mrs. Elizabeth Allen and desire you to inform me on what evidence I may rely to be in compliance with the rules &c.  I feel sure these are bona fide claims and cannot consent yet to consider them hopeless – please comply and oblige your obnt Servents

Laurie & Cain
Pension Agents
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Washington City
Feby 27 1847

Jas. L. Edwards Esq

Sir-

I herewith enclose you a letter addressed to me and most respectfully request you to inform me at your very earliest convenience as to the condition of the cases therein mentioned.  With your reply please return the letter which I enclose you of [illegible].

Very Respectfully
F. W. Bowdon
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Certif of Comp
N.C.
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Raleigh N.C.
Comptroller Office

I William F. Collins Comptroller of Public Accounts in and for the State of North Carolina do hereby certify that the name of [underlined:  Bryan Smith] appears of record in this office as having had a Special Certificate issued in his favor for Military Service for [underlined: Nine Pounds] (£ 9) given under my hand and seal this 14th day August AD 1845.  Wm F Collins Compt
I further certify that the name [underlined: B Smith] appears of record as having had payments and Certificates made in his favor as [illegible] 

This given under my hand and seal
Wm F. Collins Compt
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[illegible] Landing Ala 3rd Oct 1847

Sir; 

I am requested by Bryant Smith of this County, who is an applicant for a Revolutionary Pension, & whose papers were filed about 2 or 3 years ago by Laurie & Cain as agents perhaps through me in your office, to inquire what decision has been made if any?  What evidence if any is required to make out his case &c.  

He states that he served in the North Carolina line under Capt. Wm Gray in a Regt commanded by Col [illegible] Dogan.  

I have to ask your reply at your earliest convenience addressed to [illegible]

Very Respectfully
Your Ob St
R Chapman

J. L. Edwards Esq.
Commr of Pensions 
Washington City
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[At top left of document appears circular postmark – CEDAR BLUFF ALA. JAN 2]

January 13 45

Hon. James L. Edwards
Commissioner of Pensions
Washington City D.C.
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Cedar Bluff Ala
January 1st / 45

Sir

Some months ago I transmitted to you by mail the Certificate of Secretary of the State of North Carolina in relation to the claim of Briant Smith an applicant for a Pension as a revolutionary soldier, which application was rejected last summer for the want of the evidence above alluded to.  I have not been informed by you whether the Certificate had been received in your office – You will do me the kindness to inform me at your earliest possible convenience whether it has been received.  Also whether it is considered by you as sufficient and satisfactory to establish his claim – Mr. S is old frail and infirm.  He is also very poor and in a helpless & almost friendless condition and is afflicted with the palsy and if his Pension can be allowed him it should be done as early as possible – as he only looks to it as his only hope for support in the few remaining days or years of his life – you requested me to have his second application [illegible] a court of records - if it is admissible under any circumstance no to require it – I hope you will indulge him with that privilege – for it
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Is barely possible him to get to the Court House of his County living at a distance of 12 –or15 miles and is a right mountainous country – If I recollect correctly the Certificate certified to some 45 months services and that a land warrant had been issued for his benefit for a quantity of land not a first of which he has ever received – please write me on this matter and oblige 

Very Respectfully
James T. Laurie
Pension Agent

Hon James L Edwards
Cmssr of Pensions 

[illegible] In relation to the Land Claim I would ask for information what course I am to pursue in order to obtain the Land on the claimant.

J.T.L.
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Cedar Bluff Ala
Sept 8th / 45

Hon James L. Edwards

Sir

Enclosed you will find a certificate from the comptroller Genrl of N Carolina in the case of Bryant Smith – This proof would have been furnished before now, but for loss of papers through mail.  I place this proof before you and ask your disposal hoping it may be sufficient to entitle the applicant to his Pension.  For if any one ever needed aid from some source it is this old man – he is almost helpless, and his wife is quite and they are dependent on the energies of a widowed daughter who is poor also.  I would amend the old man’s declaration but he lives at least 15 miles from the County Town, has the palsy very bad & is unable to get there.  He lives in an obscure portion of the county on the mountains away from any of the officers of the courts.  If [illegible] it conflicts with your duty to receive this certificate in support of his former Declaration and allow his pension it must be obtained though at a deal of trouble ^ & pain ^ & some expense to him – These facts can be amply corroborated by respectable testimony besides the additional testimony of the member to congress from that Dist.  This old man fought for his country’s cause, and now is neglected, cannot help himself even to means to furnish himself and his old Lady a cup of coffee in their declining years.  It is true there is a discrepancy in his statements in his Declaration yet he tells enough to convince the most incredulous that he was there ^ & served his country ^ wherein he could know nothing about it for he cannot read, & the enclosed Certificate fully confirms it.  Be so kind as to give me an early answer on this case.

With due respect I’m your Obnt Servant
James T. Laurie
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[illegible]
March 4th ‘47
[illegible] R. Chapman
Oct 15 1847

9699

1832
Page 35

[check mark] 35558
Bryant Smith
St. to J. T. Laurie 8 Oct 1845

St to S. L. Henton Sep 4 [illegible]
“ “ Hon. R. Chapman 4 Feb 1844
[illegible]
[illegible]
Act 7 June 1832
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No 35558

Bryant Smith
Ala

St to S. L. Henton Sept 4 1843
“ “ [sent to] Hon R Chapman Feb 19 1844
“ “ [sent to] E. Evans July 17 “ [1844]
“ “ [sent to] E. Evans Oct 31 “ [1844]
“ “ [sent to] J. T. Laurie Jany. 31 45
“ “ [sent to] “ “ “ [J. T. Laurie] Oct 8 ‘45
“ “ [sent to] Laurie & Cain “ [Oct] 27 ‘45
“ “ [sent to] E. F. Brown March 13 ‘46
Act 7 June 1832
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Cedar Bluff Ala
October 18th 1845

Sir

Your favor of the 8th ultimo is now before us, from which we learn your reception of Bryant Smith’s Certificates, showing pay for (9 Lbs) which is equivalent to three months Service.  Your dictum in regard to what the certificate proves, is clearly ambiguous, for [double underlined:  it is] Per Se, Evidence, this applicant did render, the [underlined: Service], and being of that character of testimony (Record Testimony, [underlined: the highest known to the law], we humbly beg leave to differ in opinion, with yourself, in relation to what the Certificate proves; for it is evidence that the applicant [double underlined: is at least], entitled to something, from [underlined: this showing] [double underlined: for all Officers and Soldiers] alive on the 7th of June 1832, who had served in the [underlined: militia] or [double underlined: other Service] even 6 months in the Revolution, became entitled to a Pension, those who Served 2 years, to full pay for life from the 4th March 1831- Those who Served 1 year to ½ pay & those who Served Six months to 1/4 pay.  [double underlined:  intermediate periods in like proportion], the Services may have been in one, or in Several campaigns,:  [double underlined: all of this now is independent] of Certificate, acknowledging Services, for the amount of [double underlined: 45 months] – The applicant is entitled [underlined: to all this], as sure as there is a God in Heaven!  For no other Bryant ^Smith ^, can be, or has ever been heard of in the State of N Carolina, or in the Revolution.  We repeat the reason of these discrepancies is owing to the failure of the applicant’s memory in a great degree – we intend to appeal to the last tribune known to the Law in this case – if you find against him
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& If [underlined: If we cannot get his pension allowed elsewhere], far better would it be for the government to be filched by [underlined: ninety & nine unjust claimants], than for one [underlined: poor old war-worn and palsied] soldier to go unpaid and neglected by his country – you again repeat to us that [underlined: rules must] be complied with before any claim can be adjusted.  [underlined: We repeat] that we desire to comply [triple underlined:  if] [underlined: the same has not been done.] – That we cannot so far submit as to be considered approaching for the applicant in the attitude of more Supplicants, [underlined: but come forward], [triple underlined: demanding] under the Laws of a Republican Government, a fair, and honest, adjustment of the rights of this applicant, as well as Mrs. Aikins. (and indeed all Pension claimants which we have or may send up) – The Laws of the country secures to us this [underlined: privilege], while Justice and patriotism calls upon officers to extend to all applicants (who have periled their lives for the liberty we enjoy) the information and instructions necessary to facilitate prosecution of their individual claims.  What other step can we take, in this case than have been resorted to?  All within our knowledge have been exhausted.  But we hope through the aid of Special agents, residing at Washington, whose services we are preparing to secure, in connexion [connection] with the Hon Rueben Chapman and Genl F. G. McConnell to get at the information necessary for the effectual and successful adjustment of this as well as every other claim, that we now or may have in future to lay before the Department, and if the last objection you urge (viz) [underlined: delay] be one tis not our faults.  Neither is it known either to the Law or the Rules governing cases – many ^ are yet ^ ignorant of their rights. (for a great many years as is the
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^ case ^ with some whose claims we represent, while others would not consent to ask the Government, for their rights, until [until] compelled by bare necessity; at this late period of their lives, now shall it be said to them, “that although there are laws making provision for their benefit from year to year it is only to [double underlined: tantalize them] with false hopes until [until] they [underlined: die out].  in the name of Justice how can this plea prejudice their claim if supported by the same testimony upon which all claims have been allowed.  One claim in recollect was allowed (viz) Elisha Perkins) [crossed out: was allowed] on [underlined: weaker testimony than Bryant Smith, or Mrs. Aikens, ^ who ^ have already furnished [underlined: cumulative testimony], -- wherefore so many technical objections, and [underlined: inexplicable intimations] in relation to the two above referred to – But [underlined: one fact, their claims], we intend, to prosecute, so long as [underlined: pen, ink and paper can be procured; as mail facilities afforded; as agents can be procured at Washington.  We reside at a great distance from the department by and before whom, all claims are to be adjusted. – But the Law, nevertheless teach us the right of Pensioners.  While perhaps we are more conscious, of the cause of delay, or [underlined: reasons why cases are delayed], and [underlined: rejected] than Gentlemen [underlined: imagine; notwithstanding rules are established which are to govern testimony in these – Such rules we desire and intend to comply with, if we can arrive at them, in their full and legitimate requisition; and when relief cannot
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Be obtained under them we claim the right of appeal.  We address a letter of the same date with this to the Hon Saml. [Samuel] H. Laughlin in which he is authorized to act for us.  as we want these cases either promptly rejected or allowed soon, as we may have an opportunity of taking another [illegible] before they should die out; we act solely on kindness, [underlined: kinship and benevolence], as we are not authorized to expect any compensation, or remunerations, for our services – we have been applied to perform an act of kindness, in these cases, the [underlined: more we examine them] and look into the rules the more firmly convinced of their rights. 

Given in Due Regard
Respectfully
Laurie & Cain
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Washn. [Washington] City
Augt. [August] 23rd 1844

J. L. Edwards Esq.
Commissr. [Commissioner] of Pensions

Sir:

I have the honour to solicit your reference [reference] to the letter from you to Samuel L Hinton Esq., dated Sepr. [September] 4, 1843, with a copy of which you favored me on the 17th ulto. [ultimo].  In that letter you speak of the claim of Bryant Smith, & of the deficiency in his testimony.

Enclosed is a certificate from the Secretary of State of North Carolina, in relation to which Mr. Laurie, in a second letter enclosing it to me says: “if his claim can be allowed on the strength of the certificate it will save the old man much trouble & expense.  Besides, he is now childish, his memory imperfect, & he is not capable of making a correct statement.”

You will, I presume, Sir, consider the certificate above mentioned as evidence that Mr. Smith served in the Continental Line.  If there is any error in his declaration, in his testimony, I humbly conceive that it should be attributed, (other papers in the case establishing the true facts,) to length of time and imperfection of memory.

I am fully aware that you have
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a great & interesting duty to perform – that you have to guard against imposition, & at the same time to effect the benevolent purposes & the deeply important policy of the government in relation to pensions.  But it should, I conceive, be considered & you no doubt do so, that claimant are often old, infirm, ignorant, & limited in their pecuniary means of doing justice tot heir claims;  that these are frequently the causes of delay in presenting them and of the imperfect evidence produced; that the greatest possible fulness & strictness in the testimony  is not always to be reasonably effected;  & that as it is more important to allow a good claim than to have erred in allowing a bad one, the public policy & feeling will rather favour a liberal decision.

In conclusion, Sir, I acknowledge your favour of the 26th of last month – accompanied by copies of letters from you to Mr. Laurie of the 20 and 22 of the same month; I remain, with Distinguished consideration [illegible] 

Your Obed Servt.
Estwick Evans

P.S.  Without intending any improper requisition upon your courtesy, allow me merely to suggest that if you have the Pension laws in pamphlet form in your office and can share one of them, I should be extremely glad to receive one; & also any additional act of last winter on the subject.  

With great respect, E.E.