Revolutionary War Pension and Bounty Land Warrant Application File S. 4,859, for Martin Smith, New Jersey
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New Jersey    Smith, Martin     S. 4,859

                                                                carded
[Illegible] Dec.20,1756 in Lebanon Twp.
Humterdon Co. NJ
Res at [Illegible] in 1832, Readington Twp.
Hunterdon Co. NJ
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17.987 New Jersey

Martin Smith
of Hunterdon in teh State of NJ who was a Muso in the [Illegible] commanded by Captain 
------- of the Regt commanded by Col Johnson in the New Jersey No for Mo -------

Inscribed on the Roll of NJ at the rate of 22 Dollars ---- Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 22 day of October 33 and Sent to N Santon Flemington NJ

Arrears to the 4th of Sep. 1833       $55.00
Semi-anl. allowance ending March    11.00
                                                              -------
                                                             $66.00
 {Revolutionary Claim, 
  Act June 7, 1832.}
Recorded by E. D. Bullark Clerk, 
Book E Vol.3 Page 131
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Let to Pen Act. April 6, 1837

[Illegible] 
Paid at the Treasury under the Act of the 4 April 1838 from 4th March to 4. Sept 1840. 
Agt [Illegible Illegible] 18. May 1841.
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Treasury Department,
 Second Comptoller's Office,
May 15, 1841.

Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing teh payment of the same at the Treasury of the United State," The widow of Marttin Smith, dec..., a Pensioner on the Roll of the New Jersey Agency, at the rate of twenty two dollars and ----Cents per annum, under the law of the 7th  June 1832, has been paid at this Department from teh 4th of March to the 4th Sept. 1840.

Respectfully yours, 
Albion K. Parris
Comptroller.
   
To the Commissioner of Pensions,

                                     Present.
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Application of Marin Smith 20258

Amended to be added to N. Tapton Flemington NJ
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State of New Jersey Hunterdon County on this tenth day of December in the year of our Lord one thousand eight hundred and thirty two - on [illegible] court before court of common pleas helder at Flemington in and for the County of Hunterdon [illegible] [illegible] [illegible] Martin Smith a resident of the township of Reading Town in the said county of Hunterdon and state of aforementioned after 76 years and the month of December who [illegible] first duty going according to law doth on his oath make the following declaration in  order to obtain the benefit of the act of congress passed June 7 1832. When he enlisted the [illegible] [illegible] of the United States in teh Revolutionary War under the following named officer and friend as he was needed. [Illegible] The informant says. I was born in the Township of Lebanon County of Hunterdon and State of New Jersey. - I do not recollect whether [illegible] was entered in a Bible or not. I never did see any such record of it. I have been told that my birth or danme was entered int he book of the German Lutheran Church of New German Town where I was said I was baptized, but I never saw it. I do not know that it was certainly entered there. I ws born as I have been to my partents on the 20th day of December 1756. I shall be 76 years old on teh 20th of Dec 1832. I loved with my father in Lebanon until I was 8 or 10 years old when he moved a few miles into the township of Readingtown in the County of Hunterdon, when I continued with my parents til I was about 15 hears of age when I was put out to learn the Taylor trade to one William Disher and afterward one Henry Bailie, with them I learned all together about 4 1/2 years in Annandale Township in said county and then returned to my father in Reading Twp where I lived at the commencement of the War in the year 1776. I got wounded and  in that township til the was was over. Since then I have lived lived part of the time in Readingtown  and
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part of the time in Lebanon until about 13 or 14 years ago there which [illegible] I have lived alltogether in Readingtown at the commencement of the war in the winter of 1776. I was enrolled in Capt. Benjamin Allyay Compnay of Readingtown Militia. - In the spring of 1776 there was a call for men  to go out in the  [illegible] of five months (afterward call the flying [illegible] there was so many men called far out of our company we went. I a number and myself away the [illegible] volunteered down in the farm with me. There was a full comany made up under Captain David Frazer, David Schank. I J Mink Jacob Anderson were Lieutenants and John Toms New Germantown was [illegible]. Philliip Johnson was Colonel. I do not recollect the major. [Illegible] [illegible] any under Capt Frazer not at the White House in Readingtown about the 4 May 1776 and marched from there to Newark then [illegible] over to New York and then lay there about 11 weeks. From New York we marched up to Fort Washington and helped to build that fort. There was no fort there when we first went. there was two other [illegible] [illegible] (of the 5 months men I believe)up with us at Fort Washington under Capt. Houghton, & Van Cleve, from Fort Wshinton we march down to New York lay there a little while and then we crossed over on to Long Island at New York. We were joined by other troops. We lay on Long Island about three weeks before the battle took place. We lay near a place called Cobble Hill that was our alarm [illegible]. We were billeted out at different [illegible.] I was at one in the homw the British landed, and the battle took place at Flatbush about a mile from Cobble Hill I ws at the battle with the company.
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In marching from where we lay to meet the British we had to cross a bridge over a small pond. The great part of the Regiment go over to the greater part of our company. Some did not. The British came in sight and attacked us as our Regiment was ad amnning atop the [illegible] with [illegible] field [illegible] obeyed with great shot our Col. Philip Johnson, was killed on the beach or not far from it. He was in front. I was in the Fife for our company was in the area and did not get over the bridge - the British sacked any land upon our tracks & soon after Col Johnson was killed they were obliged to retreat there was so many men killed on the bridge that the hooks called not [illegible] and a great many of them were driven into the mule pond & attacked  us from south and a number of men were drowned. All that could get over retreated & we went back that night to the places where we had been billeted to before the battle. And very early the next morning we crept over to New York.  All that was left of our compnay go over but there was some troops that did not get over til the comany was stopped. The British shipping stopped it & they took what lefto on the Island about 600 were take prisioners -- General Sullivan commanded t the t Battle on Long Island. General Putnam was there from New York. We marched across every bridge and every ferry. There we crossed the North River into Jersey. Came down the North River through Newark. Crossed the Rarity at the Foundary bridge two miles above New Brunswick and then marched down to New Brunswick. While we were in Brunswick the British arrived at the Foundary bridge. We marched out to the first mile run that night & the British came into New Brunswick. The [illegible]morning was the 5 October & our time was out.
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Our officer mustered the company & discharged us. I [illegible] on this way five months from the river we marched from the white house to the line. We were discharged at [illegible] mile run. All the time as the fifer of the company I accrued 5 month more than the private, my pay was 45 a month. We did not get any written discharge but were discharged verbally. After I was discharged I returned home. I remained at home for about two weeks. The militia was called again to go down to Millstone. My brother John Smith was drafted to go out for a month but could not go. I went as a substitute in his place. My father went with me down to Millstone. The militia lay there. Col: John Mehelm was there. John Taylor who was after wards Col: was then a captain. I was at Millstone VIllage with a company. I found his company and served a month as fifer of that company. We lay at Millstone Village, while then this way a party of British came up to the [illegible] [illegible] of Millstone approached the village, & there was from quarry atop and they killed one of our militia belonging to another company that ws with us, at the same time [illegible]A  [illegible] party of British came up to the Millstone at Van Nest's mill about 2 or 3 miles below the village. I had a number of baggage waggons with them. Our militia attacked them had a [illegible] engagement there. I took a number of baggage waggons. [illegible] I staid until my month was out on a regular tour of duty. I was out afterwards on a regular [illegible] with a scouting party a few days only.  I served with them two weeks & [illegible] months.I havw no documentary eveidence to show my service. The officers  under whom I served are all dead except Col David Schump, who was my Lieutenant under Capt Frazier in the field.
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and Jacob {illegible] Joseph Ramsey who was Lieutenant was with me in that service [illegible] [illegible][illegible] I can testify as to my service & character at that period. I [illegible] relinquish all claims whatever to a pension or annuity except the present & [illegible] that my name is not on the Pension roll of the agency of any state. Joseph Ramsy is [illegible] feeble. Jacob Anderson lives in Bethlehem [illegible] int he County. 
Sworn & subscribed in open court this 6th day of December AD 1832. Martin Smith
Benjamin Egbert [illegible] Joseph Johnston
Richard Coxe
Hunteredon County of: David Schamp being duly sworn according to Law on his oath saith he is acquainted & has been acquainted with him as long as he can recollect & has lived almost of his life near him. That he knows the said Martin was out in the services of the United States in the Revolutionary War, he was a fifer in the company in which I was Lieutenant in what was called the Five Month service where he served the whole time. Above stated in his declaration further saith not.
Hunterdon County of: Christopher Row being duly sworn according to Law on his oath saith he is well acquainted with Martin Smith the within named applicant & has been from their youth. He knows the said Martin was out in the Revolutionary Army of the United States. He was a fifer to our
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company under Captain [illegible] & also to what was called the Brook Company we having no fifer then at the battle of Millstone where I well recollect seeing him.
Richard Coxe
Sworn & transcribed in open court this 6th day of December  AD 1832     Joseph Johnston
Benjamin Egbert Richard Coxe

Mr. John Thompson and  [Illegible] [illegible] two of the justices of the peace residing in the township of Readington & County of Hunterdon [illegible] & also freeholders of the said township also hereby certify that we  are well acquainted with Martin Smith who here subscribes & swore to the above declaration that we believe him to be upward of 75 years of age that he is reported & believe in the neighborhood where he resides to have been a soldier of the Revolution & that we concur in that opinion.

Sworn & transcribed in open court December 6th AD 1832
John Thompson John S. Stires Benjamin Egbert
Richard Coxe
State of New Jersey Hunterdon County for Isaac G Farlee Clerk of Common Pleas of the County of Hunterdon do hereby certify that the forgoing [illegible] account of the original forwarding of the said court in the matter of the application of Martin Smith for a pension and that Benjamin Egbert, Joseph Johnson Richard Coxe John Thompson Whom names are attributed to the allocution of the forgoing declaration affidavits and certificates of the court, are respectively judges of the said court duly commissioned and forsworn to whom official full faith [illegible] [illegible] [illegible]. In  testimony where of I have [illegible] to set my [illegible] and affixed the seal of said court at Flemington this 7th day of December AD. 1832.
Isaac G. Farlee.
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State fo New Jersey  Hunterdon County.  I Benjamin Egbert one of the judges of the court of commissioner, of the County of Hunterdon before whom the above affidavit of David Schamp and Christopher Row, & certificate of John Thompson and John S. Stires was respectively made and [illegible], Do hereby certify. - That the said David Schamp and Christopher an credible person; and within statement is entitled to credit. And I do further certify that John Thompson and John L. Stires who have signed the above certificate are two of the [illegible] of Mr. [illegible] of the County of Hunterdon, the said John Thompson one of the Judges of the court.  That their certificate was taken instead of that of a clergyman & another  Clergy, than being his clergyman present to certify to that affect. -
Given under my hand June 22, 1833
Benj'n Eghert

Hunterdon County State of New Jersey as appeared [illegible] of the court of common pleas of the county of Hunterdon held at Farminton in aforesaid county June 22nd, 1833 -
And the said court do hereby declare their opinion after the investigation fo the matter, and after scullery the interogations prescribed by the war department.  That the above named  applicant Martin Smith - was a revolutionary soldier and served as he states. - And the court further certifies that it appears to them. that John Thompson is a judge of this court & John L Stires is a Justice of the peace of this county who on account of their personal knowledge of the applicant signed the above certificate instead of a clergyman & there being no clergyman present acquainted with the applicant. -
Done in open court June 22, 1833
Benjamin Egbert
Samuel Hill
Luther Mycke
[illegible]
Wm Probasco
R T Reading
John Barton
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Martin Smith's Affiliations
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Be It remembered that on this first day of July - [words are crossed out, unreadable] in the year of our Lord Eighteen hundred & thirty three before me George Henry one of this Judges of the Superior court of common pleas in for this county of Hunterdon state of New Jersey at a special Term of this said court held this day under out to an adjournment at the court Lands in Flemington personally appeared Martin Smith the person who has sworn to subscribe the foregoing declaration who being first duly sworn according to law on his oath maketh the following answers - to the following Interrogations propounded to him by the same court 

2. I Where In what year was you born
Answer  I was born in the Township of Lebanon in the county of Hunterdon & state of New Jersey on The 20th day of December AD 1756 as I have been informed by my parents

2. II Have you any record of your age and If so where is it
Answer I have no record of my age but have been informed that I was baptised in [large ink splotch over this word, mostly unreadable.] The German Lutheran church at New Germantown [large ink splotch over this word.] and that my birth & age was recorded in the church book of that church have never seen the record: I stain my knowledge  only from information, 

2 III Where were you living when called into service? Where have you lived since the revolutionary war & Where do you now live
Answer I lived in the township of Readington in county of Hunterdon aforesaid. at the [crossed out] when I first entered the service of the United as [crossed out word, unreadable] militia man in the war of the revolution and continued to reside in that township during the whole war of the revolution after the close of that war I resided part of the
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time in Readington township & part of the time in the township of Lebanon aforesaid until about 14 years ago when I removed to Readington aforesaid where I have resided ever since & now reside.

 2 IV How were you called into the service : were you drafted, did you volunteer or were you a substitute and if a substitute for whom
Answer I volunteered into the service for five months - I was a substitute for my brother John Smith for one month

2 V State the names of some of the regular officers who were with the troops where you served : such continental militia regiments as you can recollect and the general circumstances of your services
Answer I do not recollect the names of any of the Regular officers who were with the troops where I served or any militia or continental regiments or other general circumstances of my services more particularly or fully than I have already stated in my declaration

2 VI Did you ever receive a discharge from the service of so by whom was it given and what has become of it
Answer I never did receive a written discharge - they were all verbal -

2 VII 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 as to your service as a soldier of the revolution
Answer John Thompson and John S Stein Esquire have already testified as to my character for truth of veracity & their belief as to my service

[signed "Martin Smith"]

Sworn t subscribed in New court this day of July AD 1833

[signed "Geo Henry"]

[vertical squiggly line after the preceding sentence separating it form Martin Smith's signature.]
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State of New Jersey Hunterdon County SS 

[a seal is affixed to the document. it is a very faint circle with unreadable words.]

I Isaac G Farlee Clerk of the court of common pleas of the county of Hunterdon Do hereby certify that the foregoing contains the Original proceedings of the said court in the matter of the Application of Martin Smith for a pension - And farther That Benjamin Egbert Samuel Hill Luther Opdycke [large blurry smudge in black ink "A"]

William Probasco Robert K Reading John Barton and George Henry who have signed the foregoing certificate & before whom the last above declaration of the said Martin Smith was made. Are respectively Judges of the said court - duly commissioned and sworn to all whom Official unto full faith and [can't read it perhaps "indeter denn"]

In Testimony Where of I have here unto fix my hand and affixed the public Seal of said County. At Flemington this Second day of September in the year or our Lord One thousand eight hundred and thirty three.

[signed in black ink "Farlee Clk" with a squiggly decorative line underneath the signature."
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N920258

Martin Smith Hunterdon County
New Jersey

Return i f m

[unreadable word crossed out - can only make out "nall"]

6 mo Musician

22 00
[line separating the numbers]
44 00
11 00
[line separating the numbers]
55 00

N. Saxton Flemington N Jersey
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WAR DEPARTMENT,
Pension Office,
[written by hand "7th June"] 18[written by hand "33"]

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 companing 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 show what is necessary to be done. These 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.

[a line across the page to separate the top from the table below]

A STATEMENT, showing the Service [written by hand "Martin Smith Hunterdon County New Jersey"]

[column headings: Period when the service was rendered. Duration of the claimant's service: Years, Months, Days. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.]

Enrolled Winter 1776. - 5 - Fifer {Cap Aludy Cap Frazer}. Gr Sullivan Col Johnson. Long Island. Marched to Newark, to New York, to Fort Washington. 76 years Huntingdon County New Jersey. Traditionary evidence which is not certified Credible - 2. living witnesses not certified credible - no clergiman [underlined] & no reason given - The Court gave no opinion Papers not properly attached.

Sub 1776. - 1 -. Fifer. Cap Taylor. Col Mcholm.

I am, respectfully,
Your obedient servant,

J. L. Edwards,
Commissioner of Pensions.
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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 included 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 the 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, County of or District of } ss.
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 provision 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 though 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 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. A.B.
[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. 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 applicacation of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this day 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 alleged service, as they are known at the Department. A very full account of the services of each person
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3

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 propose 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 [large ink stain on paper perhaps the words under it are "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.

[black line drawn across the center of the page, to separate the body of the text from the foot notes.]

[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 rule laid down for his guidance.
[b] The declarant must make his declaration in the county where 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 claimant 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 to 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 to the precise length of his service; but, according to the best of his recollection, he served not less that the period mentioned below, and in the following grades: --For----year----month, and -----days, I served as a --------. For ---months and ------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 militia, &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 he 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 it 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.

[large parenthesis on both sides of this paragraph.}
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 officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[large parenthesis on both sides of this paragraph.}
[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 claimant's 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. [underlined "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.

J.) The notes form [a] to [i] are all 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 indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[large parenthesis on both sides of this note.}
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 21

Martin Smith married Charity Roden Caugh

Son of John Henry & Christine Smith
Was born in 17756 in Raritan Township Hunderton Co New Jersey
Died 1840 Buried near Flemington Hunderton Co N. J.
Fifer in 3rd Hunderton Co NJ Regt also NJ State Troops Continental Army
A Census of Pensioners for Revolutionary and military services wth their names ages and places of residence in 1840 Shows Martin Smith was living in Raritan Twonship Hunderton Co N. J. 

[to the right of the above paragraph an oval stamp. inside it "DISBURSING CLERK" below that "AUG 2 1 1924" below that "MISC O" below that "U.S. BUREAU OF PENSIONS"]

Sarah Smith married John S Stires

Daughter of Martin & Charity Smith
Born Sept 11th 1784
Married 1808
Children of John & Sarah Stires
Tunis  born   1809
[underlined "Mary Ann"]  1811
Margaret.    1813
Eliza.     1815
Hannah.   1817
John.   1819
Catherine.   1822

Mary Ann Stires married Mahlon L Fisher
Children of Mahlon & Marah Ann Fisher
John.
Anna.
Elizabeth.
William.
Alfred.
Mary.
Charles.
George.
Page 22

[written by hand "M Cont."]

Rev. J 1817 Wars Section

April 25, 1927

Miss Mary J. DuFour
179 Bloomingdale Ave.
Wayne, Pa.

Madam:

I have to advise you that from the papers in the Revolutionary War pension claim, S. 4859, it appears that MARTIN SMITH was born December   20, 1756, in Lebanon Township, Hunterdon County, New Jersey.

While residing in Reading Township, Hunterdon County, New Jersey, he enlisted in May, 1776, and served as a fifer in Captain David Frazier's Company in Colonel Philip Johnson's New Jesey Regiment, and in the battle of Long Island and was discharged October 5, 1776. He enlisted soon after and served one month as a fifer in Captain John Taylor's New Jersey Company and was in the battle of Millstone. He was afterwards called out on an alarm and served a few days, dates and details not given.

He stated that he married during the Revolution buy he did not give the name of his wife.

He was allowed pension on his application executed December 6, 1832, at which time he was a resident of Readington Township, Hunterdon County, New Jersey.

He died December 4, 1840, and was survived by a widow.

Respectfully,

WINFIELD SCOTT
Commissioner
Page 23

[written by hand "Rev War" a check mark "4859"]

INVALID.
[a decorative line separating the top from the rest.]

File NO. [written by hand 4859 Martin Smith Musc. Rev War"]

[a decorative line separating parts of the information]

Act: [written by hand "June 7" 1832"

Index: - Vol. [written by hand "M", Page [written by hand "346"]

[Arrangement of 1870.]

[a check mark]

[written by hand "1924, Sept. 24 - Hist to Mrs Chas. D. Wolfe. u n"]

[a line across the page separating the next part.]

[written by hand "1927. Apr. 25. best to Miss Mary J. DuFour. M.C.D."]
Page 24

Trenton Bank
Pension Office
March 11 1837

Sir

I enclose for your direction authorizing payment, Certificates and evidence of Pensions not applied for more than one year

I remain with great respect
Your Obt Servant

[written in lighter or faded ink "John P. Bateman
dutisified of Magister"]

[signed in dark ink "phil Dickinson Presi"]

[signed in faded but readable ink "JL Edwards Esq
Commissioner of Pensions"]
Page 25

August 20/924

Ye, my Aunt and myself, would like to join Daughter's of American Revolution. My Aunt Mrs Mary DuFour is a daughter of the late Mahlon and Mary Ann Fisher While I am a grand daughter of Mahlon and Mary Ann Fisher my maiden name was Margaret Ross Fisher. Hoping to have a favorable reply I am sincerely
Mrs Charles D. Wolfe
1014 W 4th St Williamsport Pa
Page 26

[on the top right of the page n oval ink stamp. inside the oval "DISPURSING CLERK" on both sides are stars. between the stars "AUG 21 1924" below that "MISC O" below that "U. S. BUREAU OF PENSIONS"]
Page 27

September 24, 1924.

Mrs. Charles D. Wolfe,
1014 W. 4th St.,
Williamsport, PA.

Madam:

I have to advise you that from the papers in Revolutionary War Pension claim, S.4859, it appears that Martin Smith was born December 20, 1756, in Lebanon Township, Hunterdon County, New Jersey.

While residing in Readington Township, Hunterdon County, New Jersey, he enlisted in May 1776 as a Fifer in Captain David Frazier's Company, Colonel Philip Johnson's New Jersey Regiment, was at the battle of Long Island and was discharged October 6, 1776. He enlisted soon after and served [written by hand "one month"] as Fifer in Captain John Taylor's New Jersey Company and was at the battle of Millstone. He was afterwards called out on an alarm and served a few days, dates and details not given.

He was allowed pension on his application executed December 6, 1832, while a resident of Readington Township, Hunterdon County, New Jersey.

Soldier stated that he "got married and lived in that
Page 28

township (Readington) till the war was over," name of wife not stated.

He died September 4, 1840, and was survived by a widow.

Respectfully,

Acting Commissioner.

[written by hand "Note:
Sol enrolled in Capt Benjamin A_ _ _'s Co. in winter of 1776 but as Captains name could not be verified & he had no actual service in the Co., I have omitted if from his his history. - He had a bro., John.
U M-