Revolutionary War Pension and Bounty Land Warrant Application File R. 9851, for Caleb Smith, Vermont
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Service: Green Mt. Boys Vt.

Smith, Caleb 
	    Sarah  

Number: R. 1851

Contents:
res. at enl. Wells, Rutland Co. Vt. 
d. at Middletown, Vt. July 10, 1808
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State of New York 
Genesee County ss 
On this twenty third day of January in the year of our Lord one thousand eight hundred and thirty seven personally appeared before me William Mitchell first Judge of Genesee County Sarah Smith a resident of the town of Bethany in the County of Genesee and State of New York aged eighty one years and upwards who being first duly Sworn according to Law doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed July 4th 1836 That she is the widow of Caleb Smith who was a private a Sarjent and an ensign in the malitia in the war of the Revolution. That in the year 1775 she resided with her husband the said Caleb Smith in the town of Wells in the County of Rutland in the State of Vermont that in the month of April or May as she believes her said husband volunteered under Colonel Ethan Allen and went to ["Saragota" stricken] Ticonderoga and was with the said Colonel Allen at the taking of Ticonderoga that he was absent from home at least two weeks. That in the year 1777 her said husband was in the service of the United States as an Orderly Sargent at Castleton in the State of Vermont and had the command of the station at that place he was also at Bennington and Stillwater in the same year and was absent from home at least four months that in the year 1778 her said husband was again in the service at Ticonderoga when it was surrendered by the British troops to the Americans and also at Fort edward being drafted and served as a [illegible- private? soldier he then being at White book [?] in the State of New York that he was in the service in the year 1778 not less than six weeks  that in the year 1780 he moved back to Wells Vermont and in the spring of the year he went again into the service from the middle of April to the middle of June not less than two months  that he was an ensign and performed the service at Ticonderoga and Crownpoint  that in the year 1781 the
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said Caleb Smith again went into the service as an ensign at Castleton that he was absent from home at least six months  She further declares that she was married to the said Caleb Smith on the 22 day of October 1771 seventeen hundred and seventy one at the town of Dover in the County of Dutchess in the State of New York that her husband the afforesaid Caleb Smith died on the 10' day of July 1808 at Middletown in the County of Rutland and State of Vermont and that she has remained widow ever since that period as will more fully appear by reference to the proof hereto annexed she further declares that she has no documentary evidence in support of her claim 
Sarah (X  her mark) Smith
Sworn and subscribed before me the 23d day of January 1837 
[Signed] William Mitchell first Judge of Genesee County 

I William Mitchell First Judge of Genesee County do certify that Sarah Smith who has subscribed and sworn to the foregoing declaration from age and bodily infirmity is unable to attend Court and that the said declaration was drawn up and Subscribed by her at her Place of Residence and that she made her mark thereto not being able to write. 
[Signed] William Mitchell 

State of New York}
Genesee County} ss. 
I certify that William Mitchell was First Judge of Genesee County at the time of taking
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the foregoing declaration and duly authorized to take the same and that the foregoing signatures subscribed to the forgoing certificates are his handwriting
In Testimony whereof I have hereunto set my hand and official seal this 25 January 1839-[Signed] U.U. [?] Soper Clerk of Genesee County
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State of New York} 
County of Cayuga} ss.
Gill Mallory of Cato in said County of Cayuga being duly sworn deposes & says that he is eighty three years of age, that he was personally acquainted with Caleb Smith, that deponent and said Smith resided in the town of Wells County of Rutland & State of Vermont; that in the year 1775 or 1776, or in part of both years this deponent knew said Caleb Smith to be engaged in the service of his Country as a militia-man under Captain Abel Merriman who commanded a company of volunteers and that said Smith was engaged and employed as a scout; and that said Smith was employed as such militia man and in actual service as such eight or nine months during the said years 1775 & 1776 to the knowledge & present recollection of this deponent; and may have been more as this deponent was not in a situation to know at all times how much said Smith was engaged as such militia-man; that at some period during said years, but at what time this deponent does not now distinctly recollect, this deponent went from Wells in said County of Rutland with said Caleb Smith as such militia-man to Castleton in said County, where said Smith was stationed for a time, but how long they [?] was stationed there this deponent does not now recollect and that Abel Hubbard was a drummer and was also at Castleton with said Smith & this deponent. This deponent further says that he was during the year 1777 solicited to go into the fort at Ticonderoga after the same was in the possession of the British but declined going & after this deponent declined he was informed and believes that said Smith was solicited by the American officers to go and did go into said fort with a yoke of Oxen to sell, that he sold them & remained a day or more in the fort, and then returned to the American lines, that as said Smith was returning from the fort he was met by a scout named Bradley who knew said Smith and his business, but who pretended not to know said Smith as an American, and who fired at him as he was passing & that others fired at him, but without any intention of hitting said Smith, and that as soon as said Smith returned he was taken into a council of officers to relate what discoveries he had made & while he was relating what he saw & heard news came to the Officers
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[Offi]cers who were then convened in the Council Chamber at Bennington in Vermont that the British forces were approaching to make and attack upon the Americans, that an engagement immediately followed and that the Officers convened in Council would not let said Smith go into the engagement but sent him another way so that he should not be taken by the British & be executed by them as a spy 
And further this deponent says not 
[Signed] Gill Mallory

Subscribed & Sworn before me}
this 17th day of July 1838}
[Signed] John J.B. Rudes Justice of the Peace

Cayuga County ss.
I John J.B. Rude Esq the justice of the Peace before whom the foregoing affidavit was made & taken do Certify that the said Gill Mallory is to me personally known as a person reputable & of credibility & I do verily believe him to be a person of credibility.
[Signed] John J.B. Rudes Justice
Witness my hand this 17th day of July 1838

Cayuga County ss.
I William Richardson Clerk of said County do hereby certify that John J.B. Rudes Esqr was on the day of the date of the above certificate a Justice of the Peace in and for said County duly qualified, that I know his hand writing and that the above signature purporting to be his is genuine. Witness my hand & Seal of Officthis18th day of July 1838
[Signed] G. Warren Foster Dep Clerk
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I Betty Ford of [?]town in the County of Rutland and State of Vermont of lawful age being duly sworn do depose testify and say That the widow Sarah Smith of the town of Bethany in the County of Genesee and State of New York is my sister. She was married to Caleb Smith in 1771 then of Dover County of Dutchess State of New York - I commenced residing with my sister in her family in the year 1771. I was then 13 year old I resided in her family from that time for about thirteen years- I knew of her husband being absent in the revolutionary service at diferent times as a volunteer, he was at the taking of Ticonderoga and was at Ticonderoga when it was given up as I then understood - he was absent from home and in the army the year that Burgoyne was taken (in 1777 I believe) from Spring till fall more than six months, his family then resided in White Creek New York, in 1779 he was gone from home as I then understood in the army four diferent times. his family then resided in Wells Vermont he was absent for more than a week at each time I should think about two months in all - that Season - The time of the taking of Ticonderoga which was I believe in 1775, he was gone from home as I then understood was a soldier in the army, he was absent that season more than five months - Caleb Smith died in Middletown Vermont in the year 1808 with the consumption, my sister has not since being married to my knowledge or belief, She is still the widow of said Caleb Smith -
Betty (X  her mark) Ford
Witness- O Clark 

State of Vermont}
Rutland County ss.}  Middleton Sept. 26th 1834. Then personally appeared Betty Ford who signed the foregoing deposition and made solemn oath that the same was true before me 
[Signed] Orson Clark Just Peace 

I certify that I am acquainted with the afsd Betty Ford She is a credible witness- the words for more than four "months" erased and the words "diferent times" interlined before signing 
[Signed] O. Clark Just Peace
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State of Vermont} 
Rutland County ss} 
I Robert Pierpoint Clerk of the County Court for the County of Rutland certify that Orson Clark is a Justice of the Peace for said County, and that his signatures to the foregoing Certificate are genuine
In testimony whereof I have hereunto set my hand and affixed the Seal said Court at Rutland this 26th September AD 1836
[Signed] R. Pierpoint
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Wyoming NY
Apr 7

25
Hon J.L. Edwards Esqr.
Commissioner of Pensions
Washington
D.C.

Crosswise: Apr 17 [?]40
Sarah Smith

Upside down:
Sarah Smith
Page 10

J. L. Edwards, Esq ,
Dear Sir 
Some three years ago Sarah Smith Widow of Caleb Smith sent her papers to the Pention Office at Washington for the purpose of obtaining a pention on the service of Caleb Smith then her husband for Service done in the Revolutionary War  we Sent by Rev. C. G. Ives, youngest son of the Declarant, [illegible] at the Office at the time Your Honor [?] was confined in New Jersey for injury done on the Railway-Car [?] at that time there was not any of her papers to be found but since we heard by Letter sent to Judge Michell that the first papers we sent have been found and on them you say you can give a five years pention on the Affidavit of Betty Foard that she was married to Caleb Smith in the year 1771. and proved service by Abel Hubbard and her statement and the afidavid of Jedediah Smith Son of the Declarant and a Discharge from General Isaac Clark as an [illegible] these were our first papers sent, the aditional papers was Gill Malloy afidavid and a sertificate from the Town Clerk of Dover  that there was not any List of Marriages Kept at that time the said town  these are the additional papers and now if the papers are all found we wish a Decision  if not we wish you to write immediately and Direct what papers you wish for  You send a sertificate for the whole amount if not the Certificate for the five years pention and then we will send the additional papers and we wish you to send the whole amount 
I wish you to write as soon as you receive this and Direct your letter to Middlebury post [office?]

Bethany April 7th 1840
[Signed] Jedediah Smith
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Record Division. 
April 28, 1910

Mrs. Mary H. Lane, 
Hadley, Mass..

Madam:
In reply to your letter dated the 4" and received the 9" instant, you are advised that in the Revolutionary War pension claim, Rejected File No. 9,851, it is alleged that Caleb Smith married at Dover, Dutchess County, New York, October 22, 1771, Sarah -----, and lived at Wells, Rutland County, Vermont in 1775; that he was under Colonel Ethan Allen at the taking of Ticonderoga; that in 1777 he was an Orderly Sergeant and went as a spy into the fort at Ticonderoga when it was occupied by the British, and in 1778, 1779 and 1781 he also rendered military service. He died at Middletown, Rutland County, Vermont, July 10, 1808. A son Jedediah was alive in 1840.
Soldier's widow Sarah applied for pension January 23, 1837, at which date she was eighty-one years of age and a resident of Bethany, Genesee County, New York. Her claim was rejected on the ground of no specific proof of service. 

Very respectfully, 
Acting Commissioner.
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Noted on left side:
1910 Apr 26 Hist to
Mary H. Lane  aw


9851
Sarah Smith
widow of Caleb Smith
REJECTED
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75 	Col. E. Allen  	Vt.  	  Ti.  		Pri. 	--14 [ds ?]
77	Commd.	        Vt.	  Castelton -  	Sergt 	4 --
78.		     NY Militia	  Ti.		        Pri. 	
80.			       Vt.	 Ti.		        Ensign 2 --
81.			       Vt.	 Castleton	Ensign 6.
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No. 5081
Sarah Smith 
widow of Caleb.
New York
Act July 4, 1836

Suspended.
Letter to Wm Mitchell Mar 21, 1840.
do to Hon S. M. Gates June 8 1840 
to same 9. Sep 1840 
to same Jany 18 1841
 to same Feby 8. 1841.

9851
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Hadley Mass Apr 4. 1910 

Bureau of Pensions

Dear Sirs,
Mrs. Melita Page of Fairport N.Y. gt granddaughter of Capt. Elijah Lillie who enlisted from Windham Ct. in the Revolution had for her grandfather Roswell Lillie son of Capt Elijah and her grandmother was Abial Smith - and the family knew Abials father was Caleb Smith but none of the descendants knew where he was from, but had heard that he was in the Rev. War. & "volunteered to go into the British Camp before the battle of Bennington as a spy & while there Shod Burgoyne's horse." This the family had as a part of their family history-- When Mrs Page (wishing to become a D.A.R.) wrote to get her gt grandfathers War record, she also was desirous to hear about Caleb her other gt-gd-father - & she was sent a record of Caleb Smith of Hadley, whose wife was Olive - He died in 1818 & she had pension granted her in 1852. Now these dates fill the bill for Caleb Smith of Hadley [underlined] who is buried very near my home - his wife Olive also. but though there are many of his descendants about here -There are none who ever heard of a daughter Abial [underlined]. Three grandchildren of his to whom Abial [underlined] would have been our own aunt never heard of Abial and she did not die till '43, when they would have heard of her death - even if she did live in Vermont to which place the Lillie family moved some after the war, in 1786. We in Hadley feel very sure there must be another Caleb Smith - who was Abial Smith-Lillies ["grand" stricken] father. This Caleb whose wife was Olive

[STAMP: APR 12 1910]

Written in the right margin:
Mrs. Page is much undecided & has sent for family records
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(Hubbard) had an uncle Caleb Smith born in 1733, but of whose family the Hadly history had no genealogical records. He might have gone to Vermont & Enlisted there, or he might have possibly lived in Hatfield near this Caleb [underlined] husband of Olive, who was in Hadley only the Connecticut river being between - In the record of this Hadley Caleb [underlined] nothing is said of his being at Bennington, and in his military record from Washington nothing is said of any battles in which he was engaged.
Further Capt Elijah Lillies wife was Anna or Amy Smith [underlined] and as they moved from Windham Ct when he was about 30 years old it is probable his wife was a Smith from Windham Ct. There may have been other Smiths their [sic] to whom this Caleb (Abials father) was one & he might have moved to Vermont - and the family not have remembered when he died and he might have enlisted from Windham when Elijah Lillie did. 
I have made a long story, and I think the Bureau of Pensions must get sick of letters from women who are D.A.R.s - or who want to prove they are whether they can or not, not to make them D.A.R.s but to secure [?] accurate family records. Several [underlined] families are interested in this. They do not want to add names to their genealogical records which do not belong there. Mrs. Page & all their families (of Lillies) evidently cannot belong to this Caleb Smith who died in 1818. The dates of births &c, also go to prove it. Can you find a Caleb in Windham or in Vermont or in Hatfield or Hadley who was [written up the right margin] probably [illegible] the shoer [underlined] of Burgoyne's horse.
Yours - Mary H. Lane

[2 stamps of receipt:] 
U.S. PENSION OFFICE APR 9 1910 
U.S. PENSION OFFICE APR 1? 1910
Page 17

State of Vermont. }
Secretary of States Office, } 
Montpelier, Jan. 4. 1841. }
I certify that there is on file in this office a paper, purporting to be ""A Pay Roll of Capt. Benjamin Hickok's Company in the service of the State of Vermont, under command of Capt. Gideon Brownson, June 29, 1776." I further certify that the name of Caleb Smith, as sergeant, appears upon said pay roll, with an allowance for twenty-eight days' service annexed. 
I further certify that there is on file in this office another paper, purporting to be ""A Pay Roll for Capt. Daniel Culver's Company, Col. James Mead's Regiment of Militia for three tours to Ticonderoga, June 29, 1777." I further certify that the name of Caleb Smith, a sergeant, appears upon said pay roll, with an allowance for seventeen days' service annexed. 
I further certify that there is on file in this office, another paper, purporting to be "A Pay Roll of Capt. Abel Merriams Company of Militia, Col Ebenezer Allen's Regiment, for their tour to Castleton, Oct. 11. A.D. 1780." 
I further certify that the name of Caleb Smith, a private, appears upon said pay roll, with an allowance for ten days' service annexed. 
I further certify that the said payrolls appear to have been examined, allowed and ordered to be paid, by a committee acting under the authority of this state, and that the same were duly paid by the treasurer. 
I further certify that a part of the pay rolls containing evidence of military services of the Vermont troops in the Revolutionary War, originally filed as
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vouchers in the treasurer's office, and now transferred to this office for custody, are mutilated or lost, and are not to be found.
Given under my hand and Seal of office, at Montpelier this 4th day of January, 1841.
[SEAL]
[Signed] Chauncy L. Knapp
Secretary of State.
Page 19

Left side:
S Smith

Right side:
"V"
5081
Sarah Smith
Act July 4, 1836
Marrd 22d October. 1777
Husbd died 18 July 1808

Hon S.M. Gates
HR
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I Abel Hubbard of Middletown in the County of Rutland and State of Vermont of lawful age being duly sworn do depose testify and say - That I was acquainted Caleb Smith of Middletown in 1780 & 1781. he then resided in Wells in the County of Rutland Vermont was the husband of Sarah Smith now the widow Sarah Smith - in the year 1781, I volunteered with said Smith to go into the service. I went in company with said Smith to Castleton, where we served as soldiers under Colonel Ethan Allen. I stayed there at that time in company with said Smith between two and three weeks, and then I returned home and said Smith stayed-- I should think six months. I lived a neighbour to said Smith and new [sic] of his being absent. I did not see said Smith at Castleton after my return home - but I was then informed and believe he remained there as a soldier during of the time he was absent . 
[Signed] Abel Hubbard

State of Vermont}
Rutland County ss.} Middleton Sept 26th 1836 - Then personally appeared Abel Hubbard who signed the foregoing deposition and made solemn oath that the same was true before me 
[Signed] Orson Clark Just Peace
Page 21

I Certify that I am acquainted with the within named Abel Hubbard - he is a Credible witness.
[Signed] Orson Clark Just Peace 

State of Vermont} 
Rutland County ss.} 
I Robert Pierpoint Clerk of the County Court for the County of Rutland certify that Orson Clark is a Justice of the peace for said County, and that his Signature above is genuine 
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 26th day of September A.D. 1836
[Signed] R. Pierpoint
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[NYS Emblem]

STATE OF NEW-YORK, }
County of Duchess,} ss.
I, DANIEL W. BRADLE, Clerk of the County of Duchess, DO hereby Certify, That Luther S. Dutcher Esq whose name is subscribed to the annexed Certificate of an Affidavit, was at the state thereof a Justice of the Peace, duly Elected and Sworn in and for the County aforesaid, dwelling in the said County in the Town of Dover
AND FURTHER, That I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said Certificate of an Affidavit genuine. 
In Testimony Whereof, I have hereunto set my hand and affixed the Seal of the said County, the 3d day of July A.D. 1839 
[Signed] Danl. W. Bradle Clerk
[SEAL]
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State of New York }
Dutchess County ss.}  
I, Simeon M Collier Town Clerk of the town of Dover being duly sworn according to Law Saith that I have searched the records of said town and that there is no record of Marriages kept in the town Clerk office of the town 
[Signed] Simon M Collier 
Town Clerk 

Sworn and subscribed before me this 28th day of June 1839
[Signed] Luther S Dutcher Justice of the Piece [sic]

I do hearby [sic] certify that Simeon M Collier is Town Clerk of the said Town of Dover above mentioned 
Dover June the 28th 1839
[Signed] Luther S Dutcher Just of piece [sic]
Page 24

Copy 
Pen. Office 
Feb. 7, '41 

Sir:
I have the honor to inform you that agreeably to your request the claim of Mrs. Sarah Smith, has been carefully reviewed in connection with your synopsis of the evidence. The regulations for the adjustment of a pro rata pension require that the length and grade of the service should be ascertained with satisfactory precision. Hence it is necessary that the period length and grade names of officers, stations, etc. and of each term of service for which a claim is asserted should be specified in order to adjudicate it understandingly. The specifications in this case are imperfect and unsatisfactory. The declaration sets forth in a very general term
Page 25

(2 ) 
that her late husband served under Col. Allen, 14 days in May '75 at Ticonderoga, but no proof or corroboration of it is furnished. 
The next service set forth by the claimant is four months in '77 at Castleton as Seg't Com and the evidence of Gill Mallony, is that he saw him in service in Capt. Abel Merriman's Company of volunteers in 75-6 and thinks he served 8 or 9 months in those years as a scout or spy. This statement is not connected with the known course of the service in Rutland Co. at that time which consisted of very short tours rarely exceeding 20 days. The rolls show the tour only in 76 under Capt. Rickack (not Capt. Merriman) for 28 days. Mallony's testimony is unavailing to prove any particular service, the testimony of Betty Ford supply its
Page 26

(3 ) 
deficit The depositions of both are too indefinite and general consisting of opinions and estimates the data for which are not furnished. They appear too to relate to servior for which the claimant has not asserted a claim. The term asserted is for four months as Light Corn in at Castleton the rolls show three terms of service rendered not at Castleton but at Ticonderoga, in Capt. Culvers company during the year '77 amounting in all to 17 days only. There was no such service in 77 at Castleton as that described. And the Vermont Militia were not liable to be called out or drafted for such service. No other service can be allowed for 77 than the three under Capt. Calver The alleged of weeks in 78 in the New York Militia is neither specified
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(4) 
nor supported by proof as the regulations require. The next tour is set forth as an Ensign in 1780 to Ticonderago [sic]. The rolls show that he was a private and served but 10 days. The last term for which she claims is 6 mo. as Ensign at Castleton in 1781. It is believed that all the service rendered by the troops specially raised for manning the forts at Castleton and Pittsford, in '80 and '81; can be verified by the rolls. They consisted of a few companies who served from the breaking up of winter, in the spring until the return of the next. There is no evidence of his commission as Ensign, nor does Hubbard assert that he was an officer, Hubbards own papers do not show that he was in service after March 1780. If his name is not borne on the rolls it is conclusive that he
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(5) 
did not serve at Castleton in '81. The names of his Capt and Col. are not given as required by the rules. And neither the grade nor the length of the service established by the rolls. 
The certificate of the Secy is no doubt true as to the loss of some rolls, for the service of 75 and 76, but from an inspection of an index of them it is very apparent that the rolls are full and complete at least for 80, 81, 82 and 83. The service of her late husband duly established is 1 mo. 25 days which is not sufficient to entitle her to a pension. 
Hon. Seth M Gates 
H. R.
Page 29

SM Gates 
M.C.
[Stamp] FREE
[Postmark illegible]
Hon. J.L. Edwards
Coms of Pensions
Washington D.C. 

Crosswise: 
Sept. 8, 1840
Smith
NY.
Page 30

LeRoy Sept 4 1840
Sir 
During the last session I presented papers in behalf of Mrs. Sarah Smith of this County for a pension, as the widow of the Mr. Caleb Smith a Revolutionary Soldier. The papers were prepared by Judge Mitchell of Genesee.
You sent me a letter stating the defects in her proofs, & what was necessary to be done before her pension could be granted. That letter I sent Judge Mitchell & he has lost it. Will you please cause to be copy of it to be made from the Copy in your office & send it to me as soon as convenient 
I am Sir, Very Respectfully
Your Obt Servt 
S.M. Gates

Hon J.L. Edwards 
Comsr of Pensions
Page 31

H.R. Jany 13 1841 
Sir 
I herewith enclose Certificate of the Secty of Vermont in regard to the Revolutionary Service of Caleb Smith. I trust as he expressly states some of the Pay Rolls have been lost or destroyed that this Certificate will not be allowed to Control the case, & prevent the allowance of other services proven to have been rendered- 
I am Sir, very Respectfully 
Your Obt Servt 
Seth M Gates 

Hon. J.L. Edwards Comsr. &
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Bethany NY 
Dec 3 
[Crosswise:] Dec 9
NY 
free 
JL Edwards Esqr
Commissioner of Pensions
Washington
Page 33

Bethany New York December 2d 1839
J L Edwards Esq 
Dear Sir 
one or two years Since I sent to the pensions office a declaration or aplication of Sarah Smith widow of Caleb Smith a revolutionary soldier, with affidavits of his service and her marriage and subsequently an affidavit of the Town Clerk that her marriage was not on record.  I am informed that these papers have not be found in the pension office  The examination was made in your absence  Will you have the goodness to make a further examination and inform me of the result. The affidavits of Betty Ford, Abel Hubert Gill Mallory and Jedediah Smith and Certificate of Col. Isaac Clarke were sent to the office 
Yours with much Respect 
William Mitchell
Page 34

"V"  5060 [stricken]
Sarah Smith
widow of Caleb.
N.Y.
act. 4 July 36
Page 35

Bethany NY
Feb 27
free
JL Edwards
Commissioner of Pensions
Washington D.C.

Crosswise:
Mar 5 1840
NY.
S. Smith
Page 36

Bethany New York 
February 25th 1840 

J.L. Edwards Esqr.

Dear Sir
Some time since I sent to the Pension Office the application of Sarah Smith of Bethany New York for a Pension on account of the service of her late husband Caleb Smith who was a Soldier in the Revolutionary war the Proofs accompanying the application set forth that the service was performed in the Vermont Militia that she was Married in 1771 as appeared by the affidavit of Betty Ford a friend of Mr Jedediah Smith the Son of the Declarent Caleb at the Pension office last fall in the absence of the Commissioner of Pensions to make inquiries concerning the application when (as he writes) the papers could not be found upon learning this I wrote to the Commissioner of Pensions to make further inquiries and recd for answer that no additional Papers had been recd and that it appeared the Declarent would be entitled to a five years Pension if any. 
The object in now writing is to inquire whether the Papers have been found in part or in whole if a part only will the department inform me what Papers are in the office and what further are wanting, if they are all there what is the determination upon them, if no papers have been recd at the office we wish to make a new Application. the additional Papers sent was the certificate of the Town Clerk where the Marriage was Solemnised that no record of Marriages were kept in that Town and the affidavit of Gill Mallory proveing the Services of Caleb Smith, your answer to these inquiries will much oblige 
Your humble Servant 
William Mitchell
Page 37

In left margin:
Hon SM Gates  HR

Caleb Smith's Service- 

First - Widow assets he served as a volunteer under Allen in 1775 at the taking of Ticonderoga 2 weeks ["14 days" noted in margin]
This is substantiated by Betty Fords testimony 
Gill Mallory also swears to service in 1775 & 1776 
That he saw him in the service at Castleton once 
& that he was employed as a Scout or Spy [underlined]  - 
8 or 9 months service in those 2 years 
The Pay Roll shows 28 days service in 1776 ["28 days" noted in margin]

Widow swears to 4 months at least in 1777 as a Sergeant at Castleton Burlington & Still Water.
Betty Ford also swears to his absence in the Army more than 6 months that year as she thinks. The Pay Roll shows 17 days service only, as Sergeant, for 3 tours to Ticonderoga This should certainly be satisfactory proof of at least 4 months service that year. 
The widow & a person resident in his family swear to it, & the Rolls show him in the service & not in the Enemy's service, & it is Expressly stated that part of the Rolls are lost, Besides it appears from Betty Fords testimony that he lived at White Creek, or
Page 38


1m- 12 days brot ovr

Whitebrook as the widow calls it in New York &  not in Vermont in 1777. He probably moved there after serving in Culvers Co. the 17 days & he might have served in the New York ["Troops" is stricken] live [Levies?] & not in Vermont for most of that time. 
He certainly ought to be allowed as much as the shortest time named by either of these witnesses which is 4 months & he was then a Sargeant ["4 mos." noted in margin]

Six weeks service in 1778 not proved.
In 1780 Widow swears she thinks he served 2 months - Pay Rolls prove only 10 days & no other testimony ["10 days" noted in margin]
In 1781 widow swears he was in service at least 6 months at Castleton. 
Hubbard swears he volunteered with Smith & went to Castleton & served with him 3 weeks & left Smith then under Allen & Smith served six months he thinks.
He lived a neighbour to him & knew of his absence & left him in the Army & service This is clearly & fully proved, & thef act of the Pay Roll's not showing it,
Page 39

5. mo. 22 brot up 

cannot disprove it. Hubbard is proven by one of the other witnesses to have been a drummer & in the service himself. There is satisfactory proof of Six months service here.
["6.00" noted in margin]
[=]
11.m 22d service in all, & 4 months of that as Sergeant 
If however Betty Fords testimony should not be held sufficient, as she only knows he was absent & reputed to be in the service, as to the 4 months service in 1777, there he will only be allowed for that the 17 days shown by pay Rolls, & then will be deducted
3.m 13d from the above & it will leave 
[=]
8.m 9d -Eight months nine days about which it seems to me there should be no dispute.

The only instance named in the Comsr. letter of the 18 Jany. when there is a disagreement exists between the Secretarys Certificate of Pay Rolls, & the witness, is that the Witness Mallory says he served 8 or 9 months in 1795 & 6. or both in Captain Meriman's Company & the Certificate shows he served only 10 days & that in 1780. This is not a contradiction - Because he served in Merriman's Company 10 days in 1780, it
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does not follow that he did not serve in Merriman's Company for 9 months in 1775 or 1776 or both as Mallory states. Besides this witness might be mistaken as to the name of the officer. Again he states he was employed as a Spy or Scout & he would not probably while so employed be regularly enrolled & a member of a company. 
I trust upon a review of this case it will be found that inasmuch as it is Certified that portions of the Records or pay rolls are actually lost, that Smiths name has been found on the Pay Rolls at 3 different times showing that was a soldier in the service of his Country, & inasmuch as he was employed too as a scout or spy, & his service is proven by a person living in the family at the time, & by a credible witness who was with him 3 weeks in one tour & left him then in service, and near him, & knew of his continued absence for 6 months at least as the widow swears, that it will be found his services entitle his widow to a pension for 11m 22 days, & certainly to 8mo. 9 days if the whole is not allowed-
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In left margin: Hon SM Gates HR  

Caleb Smith's Service-   
First - Widow assets he served as a volunteer under Allen in 1775 at the taking of Ticonderoga 2 weeks ["14 days" noted in margin] 
This is substantiated by Betty Fords testimony  Gill Mallory also swears to service in 1775 & 1776  That he saw him in the service at Castleton once  & that he was employed as a Scout or Spy [underlined] -  8 or 9 months service in those 2 years  
The Pay Roll shows 28 days service in 1776 ["28 days" noted in margin]  

Widow swears to 4 months at least in 1777 as a Sergeant at Castleton Burlington & Still Water. 
Betty Ford also swears to his absence in the Army more than 6 months that year as she thinks. The Pay Roll shows 17 days service only, as Sergeant, for 3 tours to Ticonderoga This should certainly be satisfactory proof of at least 4 months service that year.  The widow & a person resident in his family swear to it, & the Rolls show him in the service & not in the Enemy's service, & it is Expressly stated that part of the Rolls are lost, Besides it appears from Betty Fords testimony that he lived at White Creek, or
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 1m- 12 days brot ovr  

Whitebrook as the widow calls it in New York & not in Vermont in 1777. He probably moved there after serving in Culvers Co. the 17 days & he might have served in the New York ["Troops" is stricken] live [Levies?] & not in Vermont for most of that time.  He certainly ought to be allowed as much as the shortest time named by either of these witnesses which is 4 months & he was then a Sargeant ["4 mos." noted in margin]  

Six weeks service in 1778 not proved. 

In 1780 Widow swears she thinks he served 2 months - Pay Rolls prove only 10 days & no other testimony ["10 days" noted in margin] 

In 1781 widow swears he was in service at least 6 months at Castleton.  Hubbard swears he volunteered with Smith & went to Castleton & served with him 3 weeks & left Smith then under Allen & Smith served six months he thinks. He lived a neighbour to him & knew of his absence & left him in the Army & service This is clearly & fully proved, & thef act of the Pay Roll's not showing it,
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The National Archives
Form Vam-51
12-5-41
Division Of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*

NAME:  Smith, Caleb   GRADE: Private   LINE: New York
WARRANT NUMBER: 7747  ACREAGE: 100  ISSUED: April 19, 1791 to Abel Woodhull, assignee

The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.