Revolutionary War Pension and Bounty Land Warrant Application File R 9693, for Benjamin L Smith, New Jersey
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(3-1776)
Service
Navy
New Jersey
Smith, Benjamin L.
Number R.9693

Contents
b. in Freehold Monmouth Co N.J. thereat enl. 
In 1833 res of Wayne Co. N.Y.
IN 1840 res of Hillsdale, Mich
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23320
Benj Smith
Wayne Co
New York

Cullen Foster Clk
Lyons, N. Y.
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War Department
Pension Office
May 25th 1833
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 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 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 (this:  } ).  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 Statement, showing the service of Benjamin Smith, Wayne County New York
Period when the service was rendered

Duration of the claimant's service
Years. Months. Days.
Rank of the claimant
Names and rank of the Field officers under whom he served.
Age at present, and place of abode when he entered the service
Proof by which the declaration is supported
Ordered out 1775 | 4 & 5 weeks | Private | Capt    Nixon | 83 Monmouth N.J. | tradition

1776 shipped on board the Providence Paul Jones, Capt. | 9 mo. | gunner | Paul Jones | several sea fights under Com. Jones  battle of Trenton | Perth Amboy Tranburg Trenton 

Enlisted in 1777 a row gallery under Capt | 1 yr | seaman or mariner | Commodore Hopkins | Reedy Island, Lamberton, Philadelphia | witness proves the applicant was in service

Commissioned and served various short tours 1778 |  9 & 10 \ Ensign  Capt Gillespie | 
2+ | do | Lieut Harris
1 | do | Capt Beasley
1| 12| do | Col Lawrence

Making a service of two years & five months of 6 mo was as ensign, 9 as gunner, 12 as a seaman or mariner, the balance as a private

Commissions and vouchers all lost!

X Battle of the Kegs this tour

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 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, or District of
County 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 entered 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.  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.    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      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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8
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 Milita, 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 service.
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 the 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 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 in the following words:  “Personally appeared before me, the undersigned, a Justice of the Peace, &c.  A.B. who, being duly sworn, deposeth and saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he served no less than the periods mentioned below, and in the following grades :  -- For ----- year ------months and -------- days, I served as a -------.  For ------months and ------days, I served as a --------; and for such service I claim a pension.”
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 employed 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 paper.
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 officer, 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 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.  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. 
 The notes from [a] to [l] 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.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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In the matter of Benjamin Smith
Revolution [illegible]
[illegible] 20
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State of New York
Wayne County ss.
On the twenty first day of January 1833 personally appeared before me Thomas P. Baldwin a Judge of Wayne County Courts in said state Benjamin Smith, a resident of the town of Walworth in the county & state aforesaid whom I do hereby certify from advanced age & bodily infirmities is unable to attend personally at the court house in said County for the purpose of making the following declaration in open court, who first having been duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7, 1832
That he is aged 83 years and has a memorandum of his age now at the house of his son in law Isaac Barnhart in the town of Macron in the county and state aforesaid which memorandum was taken from a Bible which is now the property of this applicant's daughter, the wife of Samuel Estlow.  That he was born in the town of Freehold, County of Monmouth, State of New Jersey within two miles of the battle ground of Monmouth battle.  That he had certificates of the services and discharges from his officers herein after narrated but they were lost in a shipwreck which this deponent suffered near little Egg Harbor Inlet on the coast of New Jersey about 27 years since.  That in the summer of the year 1775 then residing in the town of Freehold in the State of New Jersey he belonged to a company of militia and commanded by Capt Robert Nixon and with the said captain & company did march from Freehold to North Amboy or Perth and there captured about 300 stands of arms that he been but in arsenal
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there by the then King's Government and from there went with the same captain & company on to Staten Island and did their best to disarm the Tories on that Island and from thence went to Hyde's town and Cranberry in Middlesex County in said state where they (the guns) were left for safe keeping - and was engaged and employed in this expedition & service between four and five weeks.  That in the month of July 1776 he shipped as a gunner on board of the ship Providence armed by congress and commanded by Commodore John Paul Jones at Reedy Island on the Delaware River for 9 months and sailed on a cruise under the command of said Jones and was engaged in several fights, one with a British frigate off the Islands of Bermuda and took several prizes and after the expedition of six or seven weeks returned to Rhode Island where with two others who with this applicant were sick were put ashore with passports from the captain to join the fleet commanded by Commodore Hopkins as he thinks at Reedy Island on the Delaware.  That after this applicant had recovered his health and one of his shipmates had died on Rhode Island he travelled on his way to Reedy Island and at Lamberton in the State of New Jersey near Trenton he met with Captain Barry of the Navy, who with a party was going against the Hessians at Trenton, this was the night
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of the 25 Dec 1776 and with this party and under this command the next day went to Trenton and captured the Hessians, then in the afternoon went and arrived some time in the night to Lamberton, it was rainy and snowy weather and very much fatigued with drawing the cannon which was done by hand not having any horses.  From Lamberton in one or two days went to Philadelphia, staid there two days and then went to Reedy Island and went on board of an army ship commanded as he thinks by a man named Salter in a fleet commanded by Commodore Hopkins, does not remember the name of the ship - stayed there until his time was expired.  Capt. Jones came in and paid off his own men and this applicant received his discharge from him which was lost in the shipwreck mentioned above at Little Egg Harbor inlet.  On the day he got his discharge he entered on board at Reedy Island on board of a row galley there were five or six of them and Captain Pomeroy who was afterward hanged for stabbing a man named Hurley, commanded the galley he entered for the term of one year.  He remained in the Gallies until after Philadelphia was captured and also the Fort of Red Bank and Mud Island and was on board of the galley and within one mile of the British Frigate Augusta which & where it was blown up.
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by a red hot shot from a gun on the Jersey side of the Delaware.  Soon after this they were ordered to run their gallies into Coopers Creek a little above Philadelphia where they were laid up and this applicant was discharged and paid off for the whole year - which discharge was lost as above stated, at Mud Island fort this deponent saw the late Genl John Swift who was killed by the enemy in the last war near Fort George in upper Canada, who was there in the army and stationed at that place.  After this applicant was discharged from the Gallies he returned home to Morris's River in Cumberland County and received an ensign's commission in a company of militia, which was lost at the shipwreck above mentioned and at various times served under that commission on volunteer engagements (Job Gillespie being Captain and Uriah Mahno Lieutenant) as alarms were given.  One time at Pumpton and Piramus above Morristown in Jersey near and among the mountains, Genl. Hurd and Woodbridge were general in command and was engaged between nine and ten weeks on that tour.  Afterwards when the British were in possession of
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Philadelphia in the year 1778 this applicant was an Ensign of a company of volunteer militia and stationed at Cooper's ferry near Philadelphia commanded by Lieutenant James Harris and was there on duty two months, this was at the time of Sir Peter Parker's celebrated "battle of the Kegs".  This applicant remembers this celebrated battle and saw the fire from the British seventy four gun ship the "Roebuck" at the Kegs.  This deponent afterwards in 1780 or 1781 at Toms River in New Jersey about 30 or 40 miles from Monmouth court house in Monmouth County and near the sea shore served one month as an ensign of a drafted company of militia, John Beasely being captain and Col. Samual Furman being commanding officer.  Afterwards in the year 1780 or 1781 cannot remember, this applicant went as an ensign of a volunteer company of militia under the command of Col. Elisha Lawrence & Genl. David Furman against the Tories in Monmouth County and between Monmouth courthouse and the sea shore where they captured and hung a number of Tories and was engaged on this duty about six weeks according to his best recollection. 
Benjamin Smith

Written the above I namely Reuben Randolph
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And this deponent further said that since the dates of the above services he removed to Stafford township in Monmouth County N. Jersey and from thence to his present residence in Wayne County N. Y. and that he does not now know of any person living where testimony of his revolutionary services he can obtain, that he refers to James Kent Esq, Doctor Levi Ward, Levi Wood, Isaac Barnhart, Reuben Randolph, his present neighbors who can testify to his good character for veracity and to the general belief of the neighborhood of his having been a revolutionary soldier.  And 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.
X his mark
Benjamin Smith
Sworn to & subscribed the day & year above mentioned
Thos P. Baldwin a Judge Wayne County Courts

Wayne County ss.  We Isaac Barnhart and Reuben Randolph of the town of Walworth in said county do hereby certify that we are well acquainted with Benjamin Smith who has subscribed and sworn to the above declaration.  That we believe him to be of the age of 83 year.  That he is reputed and believed in the neighborhood where he resides to be a person of truth and veracity to have been a soldier of the revolution and we concur in that opinion.  And we do further certify that we were well acquainted with the said Benjamin Smith
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and in the neighborhoods where he resided in the Counties of Cumberland and Monmouth in the State of New Jersey and that it was generally reported, understood and talked of, as these deponents have often heard in those neighborhoods that the said Benjamin Smith had been an officer of militia in said counties and as such engaged in the service of Congress in the revolutionary war and we have no doubt but such was the fact.  
Reuben Randolph
Isaac Barnhart

Sworn to & subscribed this 21st day of January 1833 before me
Thos. P. Baldwin a Judge Wayne County Courts

And I the said Thomas P. Baldwin do further certify and declare my 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 I further certify that I know Isaac Barnhart and Reuben Randolph who have signed the above certificate and as residents of Walworth in said county and that they are credible persons and their statements are entitled to full credit. 
Dated Jany 21 1833
Thos P. Baldwin
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State of New York
Wayne County ss.
I Cullen Foster acting clerk of said county do hereby certify that Thomas P. Baldwin before whom the above proceedings were had and by whom the foregoing declaration and certificates were taken was at the dates thereof & now is a Judge of the County Courts of said County and that his name subscribed thereto is his genuine signature.  
In testimony whereof I have hereunto subscribed my name & affixed the seal of said County this twenty second day of January A.D. 1833
Cullen Foster, Acting Clerk
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State of New York
Monroe County ss.
Elizabeth Dook of Greece in said county being duly sworn says that she had heard her father Ezekial Embley and her mother frequently say that Benjamin Smith was in the Revolutionary war.  That her father then lived in Cumberland County in the State of New Jersey, that her father was also in the Revolutionary War and he used to say that said Smith was a Lieutenant in the Revolutionary War.  That near the close of the war, this deponents father took the colors and succeeded said Smith.  That she remembers distinctly that her father had the colors.
X her mark
Elizabeth Dook
Sworn to and subscribed before me at Rochester Jany 18, 1833
& I believe her to be a credible witness.
William S. Bishop
Justice of the Peace

State of New York
Monroe County }ss.
I, the subscriber, First Judge of said County do hereby certify that William S. Bishop Esquire whose signature appears above is now an acting Justice of the Peace of said County.
Sam L. Feldon
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Benj Smith
N Y Act 32

Ex by H.C. Spaulding
July [illegible]
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Washington July 12th 1851

Honorable Jas E. Heath
Comm of Pensions
Dear Sir
I have the honor to submit the accompanying power of attorney authorizing me to examine the papers filed in the Department, in the case of the application of Benjamin Smith of New Jersey who was a Revolutionary Soldier, and whose application for a pension was filed about six years ago by John C. Smallwood of Woodbury New Jersey.
Benjamin Smith died about three years ago without having obtained his pension.  His heirs now wish to obtain it.  You will please permit me to see the papers. 
Very respectfully
Your Obt. Servt
H. C. Spauling
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Rev War Section
August 31 1922

Mrs. D. K. Moore,
25 S Broad St
Hillsdale, Mich.

Madam:
In response to your letter of the 18th instant, you are advised that from the papers in the pension claim, R. File 9693, it appears that Benjamin L. Smith was born in Freehold, N.J. and lived there during the Revolution. 
He applied for pension Jan. 31, 1833, while living in Walworth, N. Y. aged 83 years, and alleged that he served in 1775 about one month, under Capt. Robert Nixon, in the N.J. Milita, and from July 1776, as a gunner on the U.S. Ship Providence, for six or seven weeks.  Also that he joined a party and fought at the battle of Trenton.  That he was on an armed ship at Reedy Island in the Delaware River, where he also served on a row galley, and that later he was an Ensign in the N.J. Militia and served at various times.  His claim was not allowed as he failed to furnish proof of service, as required by the pension laws.
He moved to Michigan about 1840, with his children, whose names are not stated.  Sons-in-law are referred to, Isaac Barnhart and Samuel Estlow.  Name of wife not on record.

Very respectfully
Burlington Lawrence
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April 14, 1924

Henry R. Drowne
Cor. Broad & Pearl Sts.,
New York, N.Y.

Sir:
I have to advise you that from the papers in the pension claims, R. 9693, it appears that Benjamin L. Smith was born in Freehold, New Jersey and lived there during the Revolution.
He applied for pension January 21, 1833, while living in Walworth, New York, aged 83 years, and alleged that he served in 1775, about one month, under Captain Robert Nixon, in the New Jersey Militia, and from July 1776, as a gunner on the United States Ship Providence, for six or seven weeks.  Also that he joined a party and fought at the battle of Trenton.  That he was on an armed ship at Reedy Island in the Delaware River, where he also served on a row galley, and that later he was an Ensign in the New Jersey Militia and served at various times.  His claim was not allowed as he failed to furnish proof of service as required by the pension laws.
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He moved to Michigan about 1840, with his children, whose names are not stated.  Sons-in-law are referred to, Isaac Barnhart and Samuel Estlow.  Name of wife not on record.

Respectfully.

Acting Commissioner
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Ovid, N.Y. March 25 '47
Sir
Please allow me to refer to the case of Benjamin Smith of Branch Co Michigan.  I am the agent in this case.
I know not what the declaration is therefore I cannot judge as to the service in his name, whether it be his, or another of the same name.  Therefore please allow me to refer you to the service of Benjamin Smith in the 2nd New York Regt Col. Van Cortland & the 4th N. York Reg. Col Livingston, & then it will be for you to determine whether this service was performed by B. S. of Michigan, of course I know not how it is & I only ask you to decide it, pension or no pension.  
Respectfully, 
Your obt Servt
Arad Joy

Hon. J. L. Edwards
Comm of Pensions
Washington
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N. Leake
Jan 18, '47
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310
Pension Office,
Jan. 18, 1847

Sir
The several transfers of Power of Attorney made to you by Arad Joy, Esq have been filed with the respective cases to which they apply.  In all these cases you are referred to the cases evidence which has heretofore taken place for the objections which exist against allowing a pension in each, respectively.    The cases referred to are those of Nathl Palmer, Betty Brister, Thebus Hotchkiss, Lois Cole and Benj Smith. 


N. Leake, Esq.
Present
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Hillsdale, Hillsdale Co. Michigan  18th Sep 1840
Secretary of War
Dear Sir - The Benjamin Smith of Gerard, Branch County in this state has requested me, in his behalf to make some enquiries relating to a pension which he claims, as a Revolutionary Soldier belonging to the New Jersey Militia.
Mr. Smith is now ninety three years old and removed to this state last year with some of his children. 
He informs me that he made application some 5 or 6 years since from Wayne County, New York for a pension as Ensign which commission he avers he held, but that (as he understands) the evidence was not sufficient on that point, the records at Trenton not affording any evidence in his favor.
His real name is Benjamin S. Smith, but was called Benjamin Smith and known by none other in the war.  
Wm. Davis a pensioner on the roll of Mich says he was with Smith at the battle of Trenton. 
any information will be thankfully received.
Your Obt Servt
William T. Howell
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W. T. Howell
30 Sep 1840
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289
Pension Office
30. Sept.  1840

Sir
In reply to your letter of the 18th instant relative to the claim of Benjamin Smith formerly a resident of Wayne County State of New York, I have to inform you that the service alleged by the claimant as an Ensign in a Company of Militia in the State of New Jersey in 1778 and his services on board of the Providence under Capt. John Paul Jones in 1776 is not supported by any proof.  The Providence at the period referred to was not under the command of Captain Jones.  (yes he did, see Lossing Vol 2 P 639 aw) Reference was made on the examination of this card in July 1836 to the records in the office of the Secretary of State of New Jersey for further proof.  But no additional witnesses have as yet been produced.  If the claimant served as an Ensign in that state the records thereof at Trenton will furnish evidence of it.  

William T. Howell Esq
Hillsdale, County of Hilldale Michigan
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War Depart
Pension Off
Feby - 35
Sir
I have the honor to inform you that the claim of Benjamin Smith has been again examined agreeably to your request.  His claim as asserted in his declaration consists of one month service in 75 under Capt. Nixon of the New Jersey militia, 9 mo as a gunner in 76 on board the Providence Capt. Jones - 12 mo as a marine on board the Row Gallies in the Delaware commanded by Com Jse Hopkins & several short tours imperfectly set forth as an Ensign in the New Jersey militia.  No evidence of services is produced - altho it is not to be questioned that any service rendered in the grade of Ensign in the Monmouth Co. militia must be susceptible of abundant proof by the survivors still residing there.  The regulations require the best evidence in the power of claimants to produce.  His claim is therefore suspen
Page 28

-ded for a more perfect recital of the period & length of each term of service in the grade of Ensign & for satisfactory proof of the service & grade.  HIs papers are placed on file.  Noah Jennings has been required to produce the certificate of the comptroller of Conn't as to his first term of alleged service in support of which he has produced no proof altho  he has obtained satisfactory evidence of his 8 mo service as a matross in the coast guards from his old neighbors & command in Connecticut.

act 7 June
Hon S. Clark
Ho. Rep.  

Hon S. Clark
25th Feby 1835
OC
Page 29

YN.Y.
Hon James L. Edwards
Washington

Walworth NW
July 20

July
Please direct reply to Walworth P.C. N.Y.
Pentian Office Department
Page 30

Walworth, Wayne County State of New York

Sir
By the request of an honorable and aged soldier of the revolution Benjamin Smith I request you to return to him his pentian papers that are on file in your office for the purpose of making some additional proof.
Your respectfully
John Stevens

Hon James L. Edwards
Page 31

Pension Office
June 9th 1847

In the case of Mary Woodward widow of Peter Woodward, the record of this office shows that her husband was commissioned a Lieutenant in Col. Sambs regiment on 23 March 1781 and served in that rank until the conclusion of the war.  She was allowed the highest pension the law authorizes us to grant.  Her husband rendered no services as a captain.
Some proof of the date of Mrs. Woodwards death such as is afforded by the affidavit of the Physician who attended her in her last illness, or the minister or undertaker who officiated at her funeral should be produced to authorize the issuing a certificate under the Act of 3 March 1813 and 17 June 1844 to her children. 
No additional evidence has been received in the case of Benjamin Smith, formerly
Page 32

of Wayne County N.Y. since the date of my letter of 30 Sept 1840 to William T. Howell, a copy of which is herewith enclosed. 

Arad Joy Esq
Onid N.Y.


June 9 ' 47
Page 33

Rev. J. H. Jacockes
May 13 / 50
Page 34

376
Pension Office
May 13, 1850
Sir
In reply to your letter of the 18th of January last, you are informed that the claim of Benjamin Smith, for service rendered during the War of the Revolution in troops of New Jersey &c. has not been admitted.  The accompanying copy of a letter addressed to Willam T. Howell Esq on the 30th of Sept 1840 will show you the last action of this office upon the claim.

Rev. J. H. Jacockes
Union City
Branch Co
Michigan
Page 35

New York
Benjamin Smith
Suspended
Lett 25 Feby 1836 to Hon S. Clark
Let to John Stevens Esqr July 20 1836 cannot find
To W.T. Howell 30 Sept 1840
N. Lecke, Jan 18 ' 47
to Arad Joy June 9 ' 47
Rev J. H. Jacockes May 13 / 50

9693
Act 7th June 1832
Page 36

Union City Jan 18 1850
Hon J. L. Edwards
Commissioner of PEnsions
Sir
Will it please you to give information in reply to the following inquiry
Has there since the first day of January Eighteen hundred and forty seven been a pension claim allowed & paid to Benjamin Smith or his heirs or to his or their agent in his or their behalf for service rendered during the Revolutionary war either as an officer or private soldier.  Said services having been rendered among the troops provided by the State of New Jersey for the service of said war.  
And if such claim has been allowed & paid one or either will it please you to forward to my address a certified copy of the same with attestation of payment and thereby much oblige
Your obedient Service
Z H. Jacokes

Direct ot Union City Branch County Michigan to the address of Rev. Z. H. Jacokes
Page 37

I assign my agency to N. Leake Esq. 
Arad Joy
Page 38

To Hon J. L. Edwards Comm of Pensions Sir We the surviving children of Benjamin Smith have appointed Arad Joy of Ovid New York, our attorney to investigate our claim to a pension due to our said father
Michigan
October 25th 1846
Benj. H. Smith
Elly Estlow
Page 39

Hon. S. Clark H R
Page 40

State of New York
Wayne County }ss.
I Levi Cambrin a clergyman residing in the town of Mandon in said county hereby certify that I am well acquainted with Benjamin Smith who has subscribed and sworn to the annexed declaration and I believe him to be of the age of eighty five years, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that I concur in that opinion. 
Levi Cambrin

Sworn to and subscribed this 27th day of January 1825 before me John Stevens a Justice of the Peace of said county.
Page 41

Daughters of the American Revolution of MIchigan
State Regent
Mrs. L. Victor Seydel
143 Lafayette Ave., N.E., Grand Rapids
State Vice Regent
Mrs. Addison Drake Kent
622 State St., St. Joseph
State Chaplain
Mrs. Jared W. Finney
271 East Kirby Ave., Detroit
State Recording Secretary
Mrs. Burritt Hamilton
"The Lilacs", Battle Creek
State Corresponding Secretary
Mrs. Charles Kingsley White
915 Second St., Jackson
State Treasurer
Mrs. Volney R. Young
519 North Farragut St., Bay City
State Consulting Registrar
Mrs. Donald K. Moore
2476 Taylor Ave., Detroit
State Historian
Mrs. Thomas Milton McFarland
218 East Maumee St., Adrian
State Librarian
Mrs. P. Roger Cleary
7 North Normal St., Ypsilanti
State Directors
Mrs. George E. Pomeroy
520 Liberty St., Flint
Mrs. Charles E. Lytle
328 East Ridge St., Marquette

Hillsdale, Mich.  Aug 18, 1922
Pension Bureau
Dept of Interior
Washington D.C.
Will you please send me the Revolutionary record of Benjamin S. Smith who served from the colony of New Jersey and lived in Wayne Co. N.Y. and later in Branch Co., Michigan, where he died?
Thanking you for the courtesy of an early reply.
Very truly yours
Vivan Lyon Moore
(Mrs. D.K.)

25 S. Broad Street

Stamped:  U S Pension Office 
F
Aug 21 1922
Page 42

Sons of the Revolution
in the State of New York
Fraunces Tavern
Corner Broad & Pearl Streets
New York City

March 13, 1924

Pension Bureau
Washington D.C.

Gentlemen:
Will you please send me the Revolutionary Service of Benjamin Smith who was born in Freehold, New Jersey in 1750 and died in Girard, Michigan.  We have a copy of his affidavit when he applied for his pension from which it would appear that he was in the New Jersey Militia in 1775, gunner on the ship Providence, commanded by John Paul Jones in 1776, in the Battle of Trenton, Dec. 26, 1776, in Naval Service in Philadelphia in 1777, Ensign in Volunteer Militia and ensign of Drifted Militia in 1780.  What we really need from you is a letter stating that pension was granted to him for this service. 
Yours very truly,
Henry Russell Drowne
Secretary

Stamped:  U.S. Pension Office March 14 1924


HRD/MC
Page 43

REJECTED
9693
P.O.
Benjamin Smith
Service:
Enlisted: _________,18  .
Discharged: _________,18  .
Application Filed: _________,18  .
Alleges:  The printed list of 1852 gives cause of rejection as "Suspended in July 1836 and proof required from the N.J. records which has not been sent"
Re-enlisted:
Attorney:
P.O.
Recognized.
Contract.
Cert. of Dis.
Searched for  _________,18  .

1922 Aug 31 Hist to Mrs. D.K. Moore aw
1924, Apr 14 Hist to Henry R. Drowne