Revolutionary War Pension and Bounty Land Warrant Application File W. 26480, for Ezekiel Smith, North Carolina
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[upper left hand corner stamped] (3-1776)

[stamped] SERVICE

N.C. Smith, Ezekiel or Smyth Margaret or Peggy

[stamped] NUMBER W. 26480

B.L. Wt. 35690-160-55

[stamped]
CONTENTS

res at enl. Wayne Co. N.C.
In 1833 aged 69 yrs & res. Of Lauren’s Co. Ga.
Died in June 1839 in Montgomery Co. Ga.
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[left hand side margin]
Duplicate certificates issued 11 July 1873
[double line rule]
Sent July 12th 1873

[stamped upper right hand corner with a line leader] No.

3775
Restoration

Georgia [double line rule]
Peggy Smith Widow of Ezekiel Smith
Rank Private
[crossed out word Company] in the war of the 
[crossed out word Regiment] Revolution
[double line rule]
Rate per [crossed out word month] annum $80.
Commencing 5 Mar. 1860
Ending 26 July 1868
[double line rule]
Certificate dated 22 May 1873,
and sent 27th 1873.
Payable at Washington Agency.
S. W. William Attorney.
Fee $10
[double line rule]
Act [crossed out 14th July, 1862.] 3 Feby. 1853
Book _______ Vol. _______ Page _______
[signed]W Mayse Clerk.
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Georgia

Ezekiel Smith - [image missing] [illegible] in the State of Georgia was a Rs: in the [blank] commanded [image missing] of the Rgm commanded [image missing illegible] in the N. C. [image missing illegible]

[image missing illegible]
On the Roll of Georgia [image missing illegible] The rate of 80 Dollars _____ cents per annum [image missing illegible] commence on the 4th day of March, 1831.

Certificate of Pension issued the 1st day of Jan 34 in Dublin [?] and sent Eli Warren Geo:

[image missing illegible] To the 4th of Sept 1833 200 -
Semi-anl. Allowance ending 4 Mar 34 40 -
$240

Revolutionary Claim, Act June 7, 1832
[image missing illegible] [signed] by A Rice [signed] Clerk
E Vol. 6 Page 103
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Paid at the [illegible] as [illegible] under the acts of the C. [ink blot] 1838 from 4 Septr 1837 to the 4 March 1838. Agt [illegible] 25 Jany 1839

[signed] John R Cochran July 26/53
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3. 775

Georgia Savannah
Peggy Smith
widow of Ezekiel who served in the Revolutionary war, as a private 

Inscribed on the Roll at the rate of 80 Dollars 00
Cents per annum, to commence on the 3d February, 1853.

Certificate of Pension issued the 1st day of March 185[cut off] and sent to J. R. Cochran
Duplin Laurens Co Geo

Recorded on Roll of Pensioners under act February 3, 1853, Page 154 Vol. A
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Let [illegible] S. Agt

23 Jan ‘55 &
Feby 3. 1855 & 16th -
Let. To John R. Cochran Feby 16. 1855
“ C. C. Smith Mch 23/57
John McRae Mch : 2[?]/59 [ink blot]
D. D. McRae. Apl [blurred by ink blot]
1860 Oct 11. Pension agent
“ “ “ J. R. Cochran 
1873 May 6 S. W. William of her name being on the roll
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209838 Act [illegible]
Sept 10 55
[signed] Peggy Smith
[crossed out Margaret] Smith widow
Of Ezekiel Smith Pssr
[written diagonally] No3590 is July 29 / 56

Revaly War Tensioner Act Mar 3rh 1853
[illegible] 53 - 37.75
[signed] Will Cochran July 23, /56
[illegible signature]

Claimant Care of D. D. McRae Little York P.O
Montgomery Co Geo
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State of Georgia 
County of Laurens 

On this the 13th day of August A. D. One thousand 
eight hundred and fifty five personally appeared before me a 
justice of the Peace within and for the county and 
state aforesaid Margaret Smith aged about 45 or 50 
years, a resident of Laurens county State of Georgia, who 
being duly sworn according to law declares that she is the 
widow of Ezekiel Smith deceased who was a Soldier in 
the Revolutionary War. 

She further declares that the said Ezekiel Smith deceased 
was the identical Ezekiel Smith formerly of Laurens county Georgia 
who was placed on Pension about the Year 1835 at about 
Eighty dollars per annum. She further declares that 
she made an application for Pension as the widow 
of the aforesaid Ezekiel Smith about the Month of 
October or November A. D. 1852 and appointed John R. 
Cochran of Laurens County Georgia her attorney to 
obtain said Pension at which time she was a 
resident 
of Montgomery County Georgia and she has been 
informed that she was placed on Pension on the 
3rd day of March 1853.
She says further that she was married to the said 
Ezekiel Smith in Laurens County State of Georgia on or about the [blank space] day of [blank space] A. D. 1830 or 
1831 as near as she can remember by one Mr. Evan’s a minister of the gospel and 
that her name before her marriage was Margaret 
Chapman. And for proof of her said husband’s service and of her personal identity she refers to the
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muster rolls & to the evidence that my be on file in the Department at Washington. 
She makes this declaration for the purpose of obtaining whatever bounty land she may be entitled to under the act approved March 3rh 1855 or previous scat’s of Congress. She also declares that she is now a widow and that her said husband died in Montgomery County Georgia about the year A.D. 1839 [added small under this line} and that she never made any other application for bounty Land. Margaret her mark X [very bold ink X] Smith

We Tillman Rolin and William Coney residents of Laurens county state of Georgia upon our oath declare that the foregoing declaration was signed and acknowledged by a Margaret Smith in our presence: and that we believe Ezekiel Smith Served in the revolutionary war as stated in the above declaration and that he was placed on pension about the time stated. We also swear that the said Margaret Smith made an application for pension as the widow of the said Ezekiel Smith and appointed John R. Cochran of Laurens county Georgia her attorney in October or November 1852 We also swear that we were [caret] well acquainted with the said Ezekiel Smith and Margaret  Smith and know that they lived together as husband and wife and were allways so respected. We also swear that the said Ezekiel Smith died in Montgomery County Georgia about the Year 1839 and that the said Margaret Smith is now a widow. We also swear that we are disinterested 

witnesses. [signed] Tillman ralin [signed] 
William his X mark Coney 

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year
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above written and I certify that I know the affiants to be credible persons that the claimant is the person she represents himself to be and that I have no interest in this claim
Sworn to and subscribed before me the day and year above written
[signed] Samuel Miller J.P.

State of Georgia [squiggly lines] Laurens County
I Francis Thomas Clerk of the Inferior Court of Laurens county and State of Georgia do hereby Certify that Samuel Miller before whom the foregoing declaration and affidavit were taken was at the time of taking the same and is now an acting Justice of the peace [caret] in the county and state aforesaid duly qualified and commissioned and that his signature of Samuel Miller J. P. Is his genuine Signature.
Witness my hand official Signature and Seal of office this the 17 day of August A.D. 1855
[signed] Francis Thomas JP
J.C.L.C.
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Little York Montgomery Co. Geo. Aug. 20th AD 1835
Commissioner of Pensions
Please send my warrant
To the case of D. D. McRae
Little York P.O. Montgomery Co Geo
Yours & c
Margaret Chapman
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Georgia
Laurens County

On the second day of April Eighteen hundred & thirty three personally appeared before me Lott Warren in open Court. [illegible] own cannot in & for the Southern Court now sitting at Laurens Court House in aforesaid county being one of this counties constituting the Southern the last [illegible] Ezekiel Smith resident in the county & State aforesaid [illegible] yours who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefits of the act of congress paper the 9th June 1832.
That this deponent relinquishes by every claims whatsoever to a pension or annuity except the present & declares that his name is not on the Pension roll of the agency of any State,  that the first Term of his tour in the revolutionary Service was commissioned as Substitute for Zachariah [Mauer] for three months
in Maine County , North Carolina on the twentieth
 of January 1781 under Capt John Granger Col.
John [illegible] rendezvoused at Same State remained at Kingston till the 9 or 10 of March 
next following, thence marched through to Edgecomb County on to [illegible]thence to Guilford County then [illegible], then joined Genl. Greens [illegible] quarters about the
2d of March, then called on a [illegible] party to make cartrages this [illegible] 24 rounds & three flints, thence marched in pursuit of Cornwallis to Chatham County 
Rumsey’s Mill on Deep River where Cornwall last made his upper camp-- then  [illegible]
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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, or District of County of On this ____ day of ____ personally appeared (a) before ____ A. B. a resident (b) ____ 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. [____ 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 ____ 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 days 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 ____ 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
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3
alleged service, as they are known at the Department. A very full account of the services of each person 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 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 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 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 not less than the periods mentioned below, and in the following grades: For ____ year ____ 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 in 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. 
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. 
[k] The notes from [a] and [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 [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.
John Northton