Revolutionary War Pension and Bounty Land Warrant Application File S. 14532, for Theophilus M Smith, Connecticut
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Conn.

Smith Theophilus M.

S. 14532

carded
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9:946

9646

Connecticut

Theophilus M, Smith

of Litchfield in the State of Connecticut who was a Sergeant in the company commanded by Captain Peck of the Brigade commanded by Col. Cook in the Conn. Militia for 2 years.

Inscribed on the Roll of Connecticut at the rate of 120 Dollars – Cents per annum, to commence on the 4th day of March 1834.

Arrears to the 4th of Mar. 1833 $ 240.00
Semi-anl. Allowance ending 4 Sep 33  60.00

$300.00

{Revolutionary Claim
Act June 7, 1832}

Recorded by Geo. B. Whiting Clerk,
Book 6
Vol. 3
Page 40
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Declaration in order to obtain the benefit of the act of Congress, passed June 7th 1832.

State of Connecticut}SS
County of Litchfield

On this 31st day of August 1832, personally appeared in open court before the court of Probate for the District of Waterbury at Plymouth in Litchfield County in said District.

Now sitting, Theophilus M Smith a resident of Plymouth in the county of Litchfield and State of Connecticut aged seventy four 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 act of Congress, passed June 7th 1832.

That he entered the service of the United States under the following named officers and served as herein stated,  That is to say, that some time in the month of January 1776 he enlisted as a private soldier into a company of State Troops of the State of Connecticut commanded by Capt. Samuel Peck of Milford; he does not recollect the names of the other officers
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that he served in said company three and a half months and left the service in April of the same year; that immediately after he enlisted he marched to the city of New York and there joined a regiment which was reviewed by General Sterling; from New York he passed over to Long Island and was there employed during the whole time in building a fort at Brooklyn; at the end of three months and a half he was dismissed but received no written discharge – he believes the other officers under which he served were Lieutenant Parsons, & Ensign Humphrey, that he has no documentary evidence of this service but can prove the same by the testimony of Samuel B. Smith whose deposition to that affect is hereto annexed. 

That in the month of August in the year 1776 he does not recollect the day of the month, he again entered the service as a private soldier at Milford in the State of Connecticut in a company of Militia to which he then belonged, commanded by Capt. Benjamin Peck, Lieutenant Samuel Clark and Ensign William Clark, the whole of said company being drafted or called out, that he marched from said Milford to
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Stratford in this state and from there sailed to the city of New York where they were annexed to a regiment under the command of Colonel Thompson and crossed over to Brooklyn on Long Island and there remained until the retreat of the United States troops to New York City where he then returned and from there retreated to a little below Kingsbridge in the state of New York, where he remained until the company in which he served was dismissed which he thinks was in October of the same year and was then & there dismissed, having served two months in this town, but received no written discharge, that he has no documentary evidence of this service but can prove the same by the testimony of Jedediah Stow and Caleb Nettleton whose deposition to that effect is hereto annexed.

That he again entered the service as a private soldier at said Milford by enlistment in a company of State Troops of the State of Connecticut, in the last of December 1776 or beginning of January 1777 and continued in the service three months: The company was commanded by
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Capt. Benjamin Hine & Lieutenant Bejamin Ferm, the name of the ensign he does not recollect; That he marched from Milford aforesaid to and through West Chester in the state of New York, to East Chester and the towns in that vicinity in the same state, where he remained till he had served the full term of three months for which he enlisted, when he was dismissed at said West Chester but received no written discharge; that the regiment in which he served was commanded by Colonel Cook and the brigade by General David Wooster, that he has no documentary evidence of this service but can prove the same by the testimony of Ephrain Strong, whose deposition to that effect is hereto annexed.
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That he again entered the service at said Milford by enlistment in the Connecticut State Troops sometime in the summer of 1777, he does not recollect the month, or day of the month of his enlistment, that he served at this term between two and three years; he cannot recollect the exact term of this service; That the officers under whom he served were Capt Benjamin Hine, Lieutenant John Pridden & Capt Peter Harbin, that the whole of this term of service was performed in a fort at said Milford built by the State of Connecticut that he was dismissed from this service, after having served more than two years, but does not remember the exact time of dismission, that he received no written discharge and has no documentary evidence, but can prove the same by the testimony of Samuel B. Smith and Jedediah Stow whose depositions are hereto annexed.

That to the interrogations propounded to him as set forth in the regulations of the War Department, he answers, that he was Milford, in New Haven County of State of Connecticut on the ninth day of November 1757. He knows of no record of his age, that when called into service he was living in said Milford, and there continued to reside until he was 44 years old.
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And to the interrogations propounded to him as set forth in the regulations of the War Department he answers, that he was born in the town of Milford in the State of Connecticut on the 9th day of November 1757, but has no record of his age that he was living in said town of Milford when he entered the service at each of the times stated in the foregoing declaration, that he continued to live in said Milford until the year 1801 when he moved to that part of New Haven in this State which is now a part of the town of Orange, where he continued to live until May 1807, when he removed to the town of Plymouth in this State, where he ever since did, & now does live, that he was called into service at the several times when he entered the same in the manner herein before set forth, that he has already stated all the names of the officers, the regiments, and all the circumstances of his service which he can recollect that he has no recollection of ever receiving any written discharge from either term of this service.

The names of the persons to whom he is known in his present neighborhood, who can certify to his character for veracity and their belief of his service as a soldier of the revolution are Rev Luther Hart and Calvin Butler Esq
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on
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the pension roll of the agency of any State sworn to and subscribed the day and year aforesaid Theophilus M Smth

Mr Luther Hart a clergyman residing I the town of Plymouth aforesaid and Calvin Butler Esq residing in the same hereby certify that we are well acquainted with Theophilus M Smith who has subscribed and sworn to the above declaration that we believe him Seventy Four years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion.
Sworn to and subscribed the day and year aforesaid.

Signed
Luther Hart
Calvin Butler

And the court do hereby declare that opinion after investigation of the matter and after putting the interrogations prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as stated. And the court further certifies that it appears to them that Luther Hart who has signed the preceding certificate is a clergyman resident in the Town of Plymouth and that Calvin Butler who has also signed the same is a resident in the town of Plymouth and is a credible person and that their statements is entitled to credit.

 I Robinson S. Hinman as clerk of the court of Probate do hereby certify that the foregoing contains the original
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proceedings of the court in the matter of the application of Theophilus M. Smith for a pension.

In testimony whereof I have hereunto set my hand and seal of office this 31st day of August 1832

Signed 
R.S. Hinman Clerk
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We Jedediah Stow and Caleb Nettleton of Milford county of New Haven and State of Connecticut of lawful age depose and say that we belonged to a company of militia in Milford aforesaid commanded by Capt. Benjamin Peck of said town and that in the month of August in the year 1776 we went with said Peck commanding said company to Long Island and there were in the vicinity of New York served in said company for the space of two months, and we further depose and say that Theophilus M Smith formerly of Milford but now residing in Plymouth in said state of Connecticut belonged to the aforesaid company commanded by Capt Benjamin Peck and went and served with us in said tour for the same space of time against the common enemy in the revolutionary war and further the deponents say not.

Signed 
Jedediah Stow
Caleb Nettleton

New Haven County SS Milford August 10th 1832
Personally appeared the above named deponents and made oath to the truth of the above deposition by them subscribed before me.

Signed 
Abijah Carrington Justice of Peace 

I Jedediah Stow of Milford New Haven County and State of Connecticut of lawful age depose and say that about the year 1777 a fort was built in said town of Milford by authority of said state of Connecticut and that I enlisted and served in said fort for two or more years and so further depose and say that Theophilus M Smith formerly of Milford but now of Plymouth in said State served in the same fort for the same space of two years against the enemy of his country in the revolutionary war and further the deponent saith not.

Signed
Jedediah Stow

New Haven County SS Milford August 10th 1832
Personally appeared the above named deponents and made oath to the truth of the above deposition by him subscribed before me.

Signed 
Abijah Carrington Justice of Peace
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New Haven County SS Milford February 19th 1833
This certifies that the within named deponents Jedediah Stow and Caleb Nettleton are men of credibility and full confidence in to be placed in this testimony.

Signed
Abijah Carrington Justice of Peace
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We Samuel B Smith and Benjamin Gillet of Milford County of New Haven  & State of Connecticut of lawful age depose and say that in January 1776 we enlisted in a company of state troops commanded by Capt Samuel Peck and served in said company for three and half months and was employed in in [illegible] fort of Brooklyn on Long Island and about the city of New York and they further depose and say that Theophilus M Smith formerly of Milford but now of Plymouth in the State of Connecticut aforesaid served in said company during said term of three months & a half in the revolutionary war and further the deponents saith not.

Signed 
Samuel B Smith
Benjamin Gillet


New Haven County SS Milford August 7th 1832
Personally appeared the above named deponents and made oath to the above deposition by them subscribed before me.

Signed 
Abijah Carrington Justice of Peace
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New Haven County SS Milford February 19th 1833
This certifies that the within named deponents Samuel B Smith and Benjamin Gillet are men of credibility and of the truth of their testimony there is no doubt.

Signed
Abijah Carrington Justice of Peace
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The' Smith
Con

Ex by Mr Addison
March 51
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State of Connecticut
New Haven County
I Nathaniel Smith of the town of Milford County and State aforesaid, son of Theophilus Smith deceased, who was a pensioner of the United States under the Act of 7th June 1832, and dies at Plymouth, Connecticut on the day of September 18, 1850 do hereby constitute and appoint D.D. Addison Esq. of Washington City my hire and lawful attorney for me and in my name respectfully to request the Commissioner of Pensions to re-examine my said fathers pension papers on file; with each additional evidence as may be presented, and allow such an increase of pension as he may justly and equitably be entitled to.

The testimony whereof I have hereunto subscribed my name this 6th day of February A.D. 1851

Signed
Nathaniel Smith

In presence of 
L. N. Beardsley
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Theo M Smith
5.16
RS Hinman
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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 Theophilus M. Smith which require further proof of explanation.

I. Does the declaration show where the applicant resides?

II. Did the declarant make the declaration in the county where he resides?

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

IV. Has the declarant mentioned the period or periods of the war when he served?

V. Has he mentioned with precision the length 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? The particulars of his service at Milford are not given in such terms as will enable a decision to be made whether any service was performed and if so how much.

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?

VIII. Has the court given their opinion?

IX. Has the Clerk given certificate?

X. 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?
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2

XI.  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?

XII. If the clergyman’s affidavit has not been produced, is there any reason assigned for not obtaining it?

XIII. 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?

XIV.  If the applicant has produced a witness or witnesses as to his service, has the magistrate ho administered the oath certified that he, she, or they are persons of credibility? No.
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?

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

XVI. Are the papers authenticated as the regulations direct?

XVII. 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 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 old age, and the consequent loss of memory, he cannot swear positively as the 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”
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3

It is important in all cases to determine with precision the period for which the 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. 

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 papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.
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THE CONNECTICUT SOCIETY

President,
Jonathan Trumbull,
Norwich.

Vice President,
Edwin S. Greeley,
New Haven.

Secretary,
D. L. Pierson,
Hartford.

Treasurer,
John C. Hollister,
New Haven.

Registrar,
Hobart L. Hotchkiss,
New Haven.

Historian,
Joseph G. Woodward,
Hartford.

New Haven, July 23, 1896

To the Commissioner of Pensions
Washington D.C.

Dear Sir: Will you favor me, as soon as possible, with a copy of the record of Theophilus M. Smith, of Connecticut, a soldier and pensioner, of the Revolutionary War.

Yours truly,

Hobart L. Hotchkiss
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U.S. PENSION OFFICE
D
JUL 24, 1896
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O.W. & N. DIVISION
JAN 17, 1900
RECEIVED

To the Commissioner of Pensions,

Dear Sir,

I find in the Record of Connecticut men of the war of the American Revolution that Theophilus M. Smith of Plymouth, Litchfield Co. Conn. Was a Rev. soldier and was granted a pension in 1832. I wish to obtain all information possible as to his record of service during the Rev. War. In what capacity did he serve? For how long? Where was his company recruited? Was he in any engagements. What was his company and who his commander
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How much of a pension did he receive? Etc. Any information on the subject will be gratefully received. Can you furnish such information? A reply is earnestly desired.

Mrs. Chas R. Ayres
216 Ogden Street
East Side Station
Bridgeport
Conn

Jan 12, 1900
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Mr. Smith, previous to 1808 lived in Milford, New Haven Co. Conn.
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U.S. PENSION OFFICE
K
JAN 13, 1900
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14.532
REV WAR
INVALID
File No. 14.532
Theophilus M Smith
Sergt: Rev War
Act: June 7th, 1832
[Arrangement of 1870]

Aug '96 said pens
to HL Hotchkiss
New Haven, Conn.

Feb 3, 1900
Mrs. Chas. R. Ayres
Bridgeport, Conn.
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3922
Theophilus M Smith
of Plymouth Ct.
Application for a pension
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I Ephrain Strong of Milford New Haven County and State of Connecticut of lawful age depose and say Theophilus M Smith formerly of Milford aforesaid and now of Plymouth in the county of Litchfield served in the year 1777 with me in a company under the command of Capt Benjamin Hine belonging to a regiment commanded by Col Cook of the Connecticut state troops of West Chester, East Chester and the vicinity thereof in the State of New York for the space of three months – said regiment was attached to and belonged to the brigade under the command of Gen David Wooster, and further deponent saith not.

Signed 
Ephrain Strong

New Haven County in Milford August 8th 1832
Personally appeared the above named deponent and made oath to the above deposition by him subscribed before me.

Signed 
Abijah Carrington Justice of Peace

I Samuel B Smith of Milford County of New Haven and State of Connecticut of lawful age depose and say that Theophilus M Smith formerly of Milford aforesaid but now a resident of the town of Plymouth in Litchfield county served with me an acting sergeant after he did change from a tour of duty in the state of New York in a fort in the town of Milford aforesaid erected by the governor and committed of [illegible] of the state for the whole space of two years commencing in the year of 1777 and further the deponent saith not.

Signed 
Samuel B. Smith

New Haven County in Milford August 8th 1832
Personally appeared the above named deponent Samuel B Smith and made oath to the above deposition by him subscribed before me.

Signed 
Abijah Carrington Justice of Peace
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New Haven County ss Milford February 19th, 1833
This certifies that Ephraim Strong and Samuel B Smith the written named deponents are men of credibility in whose testimony full confidence may be placed.

Signed 
Abijah Carrington J. of Peace
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State of Connecticut
Secretary’s Office, Aug 15, 1832

I Thomas Day, Secretary of said State, and Keeper of the Seal thereof, do hereby certify that Abijah Carrington Esq whose name is subscribed in his proper hand writing, to the foregoing certificates purporting to be signed by him, is, and for more than one year last past has been, a Justice of the Peace within and for the County of New Haven in said State, duly appointed, commissioned and qualified, and that full credence is due to his official acts and attestations.

In testimony whereof I have hereunto set my hand, and affixed the Seal of said State, at the City of Hartford, the day and year above written.

Signed
Thomas Day
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State of Connecticut 
County of Litchfield
March First 1833

Personally appeared before me, the undersigned, a Justice of the Peace for the County of Litchfield Theophilus M. Smith of Plymouth in said County, who being duly sworn, deposeth and saith, that by reason of old age and consequent loss of memory, he cannot swear positively as to the precise length of his service which he performed at Milford in the State of Connecticut, but according to his best recollection, and he is very confident he is not mistaken, he served not less than the period mentioned below, and in the following grades:
For thirty eight months and fifteen days I served as a private soldier, and for such service I claim a pension: Thirty months of which service was performed in a fort at Milford aforesaid during which time I was employed in keeping guard at said fort, watching the harbor, preventing the enemy from landing, the fort being built at the mouth of Milford Harbor, and preventing
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smuggling. There were in the fort several pieces of artillery which were used by me and others in the fort, for the purposes aforesaid. During all the time I served at this fort, which was certainly not less than thirty months as before stated, I took my regular turn of standing sentry and performed all the other duties of that station sworn to and subscribed the day and year aforesaid.

Signed 
Theophilus M Smith

Sworn to before me,

Signed 
Calvin Butler Justice of Peace

I, Thomas Day, Secretary of the State of Connecticut, and Keeper of the Seal thereof, do hereby certify and make known to whom it doth or may concern,
That Calvin Butler Esquire, before whom the foregoing Affidavit of Theophilus M. Smith was taken, is, and at the time of such caption, was, a Justice of the Peace within and for the County of Litchfield in said State, duly appointed, commissioned and qualified, having full power and authority, by the laws of said State, to administer oaths to witnesses and to take Affidavits and Depositions out of Court, and to give certificates thereof; that I verily believe the foregoing signature purporting to be his, is genuine; and that full credence is due to his official acts and attestations.

In testimony whereof, I have hereunto set my Hand, and affixed the Seal of said State, at the City of Hartford, in said State, the 26th day of March in the year of our Lord, one thousand eight hundred and thirty three.

Signed
Thomas Day