Revolutionary War Pension and Bounty Land Warrant Application File S. 30708, for Fleming Smith, South Carolina
Page 1

(8-1776)
SERVICE
S.C.
Smith, Fleming
NUMBER
S30708
CONTENTS

In Dec 1746 in Fairfax Co. Va.
[illegible]
In 1883 res of Monroe Co. Ky
Page 2

Date of death not on DB
of
22.315
Kentucky
Fleming Smith
Monroe in the State of Kentucky
he was a private in the com commanded
Captain James of the regt commanded
by Col Thomas in the S Carolina
line for 7 months and 15 days
Inscribed on the Roll of Kentucky
the rate of 25 Dollars - Cents per annum
commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Octr
1833 and W Butler
[" Monroe" crossed out] Tompkinwillick
Arrears to the 4th of Sept 62.50
Semi-anl. amount allowance ending 4 March 1250
$75.o
{ Revolutionary Claim,
Act June 7, 1832.}
Recorded by Danl Boyd Clerk,
Book 6 Vol. 7 Page 28
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No 25790
Fleming Smith, Monroe County
Kentucky
from 1780 private
7 1/2 months,
$25. -
Will Butler Clk Monroe County
Kentucky
Page 4

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules and
the subjoined notes you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. the notes and the regulations will shew what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
Statement, showing the service of Fleming Smith Monroe County Kentucky
Period when the service was rendered.
Vol Octr 1780
Vol - Jany 781
Vol. Sept. 1782
Duration of the claimant's service.
Years. Months. Days.
- 3 -
- 3 -
- 1 15 
Rank of the claimant.
private " "
Names and rank of the Field officers under whom he served.
Cap James, Col Thomas
Same officers, Gl. Pickins
Cap Mapp, Genl Pickins
Age at present, and place of abode when he entered the service.
87 years
County of
Spartanburg
S. Carolina
Proof by which the declaration is supported.
Traditionary evidence - paper defective
Seal not properly attached -
Battle of the Cowpens
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions
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2 REGULATIONS UNDER THE ACT OF JUNE 7, 1832. The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies. As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance , make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. DECLARATION. In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory District of County of On this ---day of --- personally appeared (a) before ----- A. B. a resident (b) of ----- in the county of ---- and State, Territory or District of ----- aged (c) --- years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the pension made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ----, with ---- and served in the ---- (e) regiment of the ---- line, under the following named officers (Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I -------------------- of the Court of ----------------------------- do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of --------------- for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this ------- day of ------------------ & c. If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the ------------- and C. D. residing in (the same) hereby certify, that we are well acquainted with ---------------- , who has subscribed and sworn to the above declaration; that we believe him to be -------- years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. ------ who has signed the preceding certificate is a clergyman, resident in the and that C.D., who has also signed the same is a resident in the ------- and is a credible person, and that their statement is entitled to credit. I, -----------Clerk of the Court of ---------------- do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this --- of ---- & c. Every applicant will produce the best proof in his power. This is the original discharge or commission ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3 
alleged service, as they are known at the Department will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war , and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. {a] the declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rules laid down for his guidance [b] The declarant must make his declaration in the county were he resides. If he should fail to do so he must assign a sufficient reason for not conforming to the rule. [c] The age of the claimant must invariably be mentioned. [d] the declarant must mention the period or periods of the war when he served [e] Every Continental officer or soldier must give the name of the colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every clamant must state, 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. 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 worn, deposes and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the persons mentioned below, and in the following grades: For --- years ---- months, and -----days, I served as a . For months and days, I served as a ----- for ----- months ----days, I served as a ----- and for such service I claim a pension." it is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite , and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the miliia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority ; that was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit, [f] The law makes the relinquishment indispensable. [g] The opinion of the Court is always required. [h] The Clerk must give his certificate in every case. [i] The Clerk must affix his seal, and if it has no device or inscription by which in can be distinguished from any other seal, or if he has no public seal of office the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers. Mode of authenticating papers. in every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon the ends of which must pass under the seal of office of the certifying once, so as to prevent any paper from being improperly attached to the certificate. Proof of Service. [j] in a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the 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 credibly of the witnesses and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. the notes [a] to [i] are equally applicable to the cases of militia men, volunteers, and state troops The proof required by rule in note [j] applies to continental troops only. [k] This traditionary evidence is indispensible in militia cases [l] if a witness cannot be found, the declarant must state the fact. [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration
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State of Kentucky
Monroe County
on this 3rd day of June 1833 personally appeared in open Court before in Ric. Mazy Philip Emmet, M G Howard & James Flippen
acting Justices of the peace who compose the Monroe County
Court now sitting Fleming Smith aged Eighty seven years
in December last 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 7th June
1832
he states that he entered the service of the United States under the following officers and served as herein stated - he
lived in Spartanburg County South Carolina and Volunteered as a private under the command of Captain Charles James about the
first of October 1780 and was commanded by Col John
Thomas - he served at that time three months - he does
not recollect the number of the regiment - he states that he
volunteered as a private in the same County under the same officers - some time in the month of January 1781- they marched and
joined the army under the command of General Pickens
and Morgan at a creek called Thickety and was in the battle at the Cowpens some time about the 17th of January and about the tenth or twelth  of March following he was in an other engagement against the tories on Bush River - he states that he do not recollect the precise time he was discharged or dismissed but he thinks it was shortly after the engagement at Bush River- to the best of his
recollection he served at that time three months - he states that he again volunteered in the same county and State under Captain John Mapp in General Picking's
Brigade some time in the month of September 1782 and Marched to the Cherokee towns crossing the Chatahochee River and served one month and half - he states that he was attached to Col. Elijah Clark's Regiment from the State of Georgia or was in company with said Regiment - he states that the situation of the country in which he be
Page 8

Required that the Whigs should always be in readiness and that from the time Col Shelby came into that section of the country he was out upon other different routes than those mentioned before but is not able to give the particular date dates or length of time as to those short tours
or routes but states that he received L70 [pounds] - from government for his services

He states that he was born in Fairfax County in the State of Virginia some time in the month of December in the year 1745 agreeably to the best information he has of his age. He states that he has no record of his age, he states that he has no recollection of having ever received a written discharge but was dismissed by his captains James and Mapp

He states that he lived in Spartingburg County in South Carolina when he entered the service of the United States and lived there until he thinks in the year 1802 when he moved to the State of Kentucky Cumberland County and remain until the county was divided and Monroe
County formed he now lives in the said County of Monroe State of Kentucky in answer to the 7th question he would name John Mayfield, William Moody, & Benjamin Rush

He states that he has no documentary evidence that he knows of no person whose testimony he can procure who can testify to his service he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state sworn to and subscribed the day and year aforesaid
Fleming Smith [signature]
Page 9

We William Dewitt Clergyman residing in Monroe County and William Moody, Benj Rush & John Mayfield residing in the same County and neighborhood of Fleming Smith hereby certify that we are well acquainted with Fleming Smith who has subscribed and sworn to the above
declaration that we believe him to be 77 years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
sworn and subscribed the day & year aforesaid
Wm Dewitt
John Mayfield
William Moody
Ben James P Rush [signatures]

and the said court do hereby declare their opinion after the investigation of the matter and after putting the Interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states and the court further certifies that it appears to them that William Dewitt who has signed the preceding certificate is a Clergyman resident in Monroe County and that Wm Moody John Mayfield & Benjamin Rush who has also signed the same is a resident in said County and Neighborhood of Fleming Smith and is a credible person and that their statement is entitled to credit
Philip Immert JP
Rice Manny JP

I William Butler Clerk of the Monroe County Court do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Fleming Smith for a pension. in testimony whereof I have set my hand and seal of office this 3rd day of June, 1832
Will Butler clk
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I Philip Emmert Justice of the peace for Marion County certify that John Mayfield, Benj Rust, Wm Moody are persons of credit & that their evidence is entitled to full credit in a court of Justice and that they are person of reputable character given under my hand this 3rd day of June 1833
Philip Emmet JP

I, William Butler Clerk of Monroe County Court do hereby certify that Philip Emmert is and was at
the time of signing the foregoing certificate acting Justice of the peace for Monroe County and due faith and and credit should be given to all his official acts as such in testimony whereof I have hereunto set my hand and seal of office the 3d day of June 1833
Page 11

July 25, 1938

BA J/AWF
Fleming Smith
S.30708

The Quartermaster General
Memorial Branch
War Department
Washington, D.C.

Dear Sir:
Reference is made to your request for the Revolutionary War record of Fleming Smith who served from South Carolina, and later lived in Kentucky pension number, S. 30708.
The data furnished herein were obtained from papers on file in pension claim, S. 30708, based on the military service of Fleming Smith in the Revolutionary War.
Fleming Smith was born in the month of December, 1745 in Fairfax County, Virginia. The names of his parents were not stated.
While a resident of Spartanburg County, South Carolina, Fleming Smith volunteered about October 1, 1780, and served three months as private in Captain Charles James' company, Colonel John Thomas' South Carolina regiment. He volunteered sometime in January, 1781, and served three months in same company and regiment, and was in the battle of Cowpens, and in engagement with Tories on Bush River. He volunteered sometime in September, 1782, served about six weeks in Captain John Mapp's South Carolina company, and marched to the Cherokee towns. He had other short tours under Colonel Shelby, no details given.
He moved from South Carolina about 1802 to the
Page 12

State of Kentucky.
The soldier, Fleming Smith, was allowed pension on his application executed June 3, 1833, at which time he was living in Monroe County, Kentucky.
The papers on file in this claim contain no data relative to the family of the soldier.
The application for headstone for Fleming Smith is returned herewith. There was no correspondence enclosed.
Very truly yours
A.D. Hiller
Executive Assistant
to the Administrator
Page 13

[envelope]
Tompkinsville Ky   Free
June 7

To the Secretary of War
Pension Bureau
City of Washington

[sideways]
June 29
Ky
25.790
Page 14

File No. 38.708
Fleming Smith
Pri Rev War
---
Act June 7th 32.
Index: -- Vol. A, Page 381
Arrangement of 1870.)
Page 15

Room 1333, 30 N.LaSalle St.,
Chicago, Illinois,
July 13, 1917.

Bureau of Pensions,
Washington, D.C.

Dear Sir:-
Will you kindly furnish me a certificate of service of my ancestor for use in the D.A.R. at first convenience?

His name was Fleming Smith, served in the Revolutionary War as Pt. in Militia, S.C. Born about 1745 and lived to be old. He lived in Monroe County, Ky, where he received pension. I do not know when he died or where unless it was Edsill, but again referring to the Bible I see he died Aug. 27, 1847, aged 102.
Thanking you very much, I am, sincerely,

Mrs. Lulu Payne Conner,
Room 1333
30 N.LaSelle St.,
Chicago, Ill.
Page 16

Room 1333,
No.30 North LaSalle Street,
Chicago, Illinois,
Aug.27, 1917.

Bureau of Pensioners,
Washington, D.C.

Gentlemen: -

Doubtless my letter must have been overlooked and am wondering if I can't have a reply from you whether you will or will not furnish me a certificate of service of my ancestor Fleming Smith, who served in the revolution and obtained a pension while residing in Kentucky. He was born in 1745 and lived to be 102 years.
Thanking you for reply of some character, I am with appreciation of whatever you see fit to do.
Very sincerely,
Lulu Payne Conner.
Address as above.
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[stamp]
US PENSION OFFICE
O AUG 29 1917
Page 18

REVOLUTIONARY WAR RECORDS SECTION.  3 -- 525
S. F. 30.708

DEPARTMENT OF THE INTERIOR.
BUREAU OF PENSIONS.
Washington, D. C., _____, 19__ 

In reply to your request of ______ received ______  for a statement of the military history of Fleming Smith soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

DATES OF ENLISTMENT OR APPOINTMENT.
Oct. 1780
Jany 1781
Sept. 1782

LENGTH OF SERVICE.
3 mos.
3 mos.
1 1/2 mos.

RANK.
Pvt.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Charles Daniel
Charles James
John Mapp
COLONEL.
John Thomas
John Thomas

STATE.
S. C.
Battles engaged in, Cowpens Bush Run
Residence of soldier at enlistment, Spartanburg Co. S.C. until 1802 or 1803
Date of application for pension, June 3 1833 His cl. was al.
Residence at date of application, Monroe Co. Ky.
Age at date of application, Born Dec 1745 in Fairfax Co. Va.
Remarks: There is no data on file as to his family

Respectfully,
Commissioner.