Revolutionary War Pension and Bounty Land Warrant Application File W. 7186, for Jacob Smith, Maryland
Page 1

(3-1776)

SERVICE 
Md.

Smith, Jacob
Catharine

NUMBER
W. 7186
B.L.Wt. 39337-160-55

CONTENTS
[illegible] autumn of 1758
res at enl. Sharpsburg, Md.
In 1833 res. in Morgan Co. Va. died there July 26, 1834
Page 2

16,718
Virginia

Jacob Smith
of Morgan Co. in the State of Virginia 
who was a private in the company commanded 
by Captain Chaplin of the regt. commanded 
by Col. Rawlings in the Md. [illegible]
line for 6 mos.

Inscribed on the Roll of Virginia 
at the rate of 20 Dollars 00 Cents per annum, 
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 16 day of Septr.
1833 and Sent to 
Jno. Sherrard Berkley Springs.

Arrears to the 4th of Septr. 1833 - $50.00
Semi-anl. allowance ending 4 March '34 - 10.00
$60.00
=====

{ Revolutionary Claim, }
{ Act June 7, 1832. }

Recorded by W. L. Williams Clerk,
Book E Vol. 6, Page 27
Page 3

239.793 Act Mar. 3. '55
Mar. 28. '56

Catharine Smith, wid.
Jacob Smith, pri.

Revy. War
[Note written vertically across page]
No 39337 issd. Acrge 27/56

Pens? Act Feb. 3. 1853.
[illegible]: 160 Ac. Augt 21/56
Boynton
Feby 53 [illegible]

Henry A. Byrne
Berkely Springs
V
Page 4

April 17/60 Warrant enclosed to George Bailey Richmond Va
duplicate dclined [declined] and advising to refer warrants to
[illegible] Gen Land Office for instructions in regard to the 
assignment [initials illegible]

[Note written vertically in right margin]
Vol. J=1=162
Page 5

[Two columns]
[Left column]

3337
Virginia Richmond

Catharine Smith 
widow of Jacob Smith 
Md
who served in the Revolutionary 
war, as a private

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

Certificate of Pension issued the 
24th day of Decr /53
and sent to 
Geo. By. Dyche
Ho. Delegates 
Richmond
Va.

Recorded on Roll of Pensions under act 
February 3, 1853, Page 129.  Vol A

[Right column]

Let Hon G. B Dyche
6 Jan 1854
Let: to Jno: T. Sylus. Mch: 5/55
Page 6

No. 25871
Jacob Smith Morgan County 
Virginia
Adm. 6 months

Jno. Sherrard Berkley Springs
Virga. Morgan County
Page 7

WAR DEPARTMENT,
Pension Office.

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has 
been examined, and the papers are herewith returned.  The following is a statement of 
your case in a tabular form.  On comparing these papers with the following rules, and 
the subjoined notes, you will readily perceive that objections exist, which must be removed, 
before a pension can be allowed.  The notes and the regulations will 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 compling with this request, greatly facilitate the investigation of your 
claim.

A Statement, showing the Service of Jacob Smith Morgan County Virginia
=======================================================
Period when the |
service was |
rendered. |
_______________ |
Draft 1781 |

Duration of the |
claimant's service. |
_________________ |
Years. |
______ |
-- |
Months. |
_______ |
6 |
Days. |
______
-- |

Rank of |
the |
claimant. |
________
private

Names and rank of the Field of- |
ficers under whom he served. |
___________________________ |
Capt. Chaplin, Colonel |
Rawlings |

Age at present, |
and place of abode |
when he entered |
the service. |
__________________ |
75 years |
Sharpsburg |
Maryland |

Proof by which the declaration is supported.
______________________________________
Traditionary evidence & one 
witness certified credible 
papers correct.

I am, respectfully,
Your obedient servant, 
J. L. EDWARDS,
Commissioner of Pensions.
Page 8

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 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 claim
ing the benefit of this law as officers, non commissioned officers, mucicians 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 } ss.
County of } 

On this [blank] day of [blank] personally appeared (a) before [blank]
[blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District
of [blank] aged (c) [blank] 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) [blank], with [blank] and 
served in the [blank] (e) regiment of the [blank] 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 serv
ed 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.  [index finger pointing right] This form is to be varied so as to apply to the cases of officers and per
sons 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 [blank]
Sworn to and subscribed the day and year aforesaid. [blank] , 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 revolu
tionary solider, and served as he states.
I [blank] of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
[blank] day of [blank] &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 [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration ; that we believe him to be [blank]
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 Revo
lutionary 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 [blank]
and that C. D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank]
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this [blank] day of [blank] &c.

Every applicant will produce the best proof in his power.  This is the original discharge or commis
sion ; 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 ser
vices 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
Page 9

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 on the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be at
tempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex
pected.  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.
 {To a Soldier. { Did you ever receive a discharge from the service, and if  {so, by whom was it giv
6. {en, 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 tes
tify 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
inquiry 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 pro
cure, 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 fol
low 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 not 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 embodied corps called into service by competent au
thority ; 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 pub
lic 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 con
tains 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 the 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 wit
nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[index finger pointing right] The notes from [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.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 10

State of Virginia } Ss
County of Morgan }

On this 20th day of Feb
ruary 1856 personally appeared before me, a justice 
of the peace, within and for the County and 
State aforesaid Catharine Smith aged about 
near seventy years, a resident said County and 
State, who being duly sworn according to law 
declares that she is widow of Jacob Smith 
deceased, who was a private in the war of 
the Revolution, and performed military duty 
therein for the term of six months.  That her 
said husband was placed on the pension list 
under the act of June 7th 1832, at the 
rate of twenty dollars per annum; that by 
force of the 2d. section of the act of Congress 
of 3d. February 1855, she (Catharine Smith) was 
inscribed on the United States pension at the 
rate of twenty dollars per annum, by war
rant dated at the department of Interior 
December the 24th day of December 1855, 
an attested copy of which warrant now 
in her possession is hereunto subjoined. 
That she is still a widow,
That she makes this declaration for the pur
pose of obtaining the bounty land to which she 
may be entitled under the act approved March 
3, 1855  Catharine her X mark Smith

Witnesses
We Jas. H. White and Henry 
A. Byrne residents of Morgan County in the State 
of Virginia certify and on our oaths declare 
that the foregoing declaration was signed and 
acknowledged by Catharine Smith in our pres
ence; and that we believe from the
Page 11

2

Statements and appearance of the appli
cant that she is the identical person she 
represents herself to be  Jas. H. White
Henry A. Byrne

The foregoing declaration and affidavit were 
sworn to and subscribed on the day and year 
above written; and I certify that I know 
the affiants to be credible persons; that the clai
mant is the person she represents herself to 
be, and that I have no interest in the claim
Wm. Hunter JP

State of Virginia }
County of Morgan } Ss

Be it known that on this 
21st day of February 1856 personally appeared 
before me a justice of the peace within & for 
the County and State aforesaid Catharine 
Smith who subscribed and swore to the above 
declaration and made oath in due form of law 
that she is the identical Catharine Smith 
named in an original pension certificate 
in her possession and produced before me, 
of which, I certify, the following is a copy:

"Department of the Interior.
Widow's Pension
I hereby certify that in conformity with the 2d 
section of the act of February 3, 1853 
Catharine Smith widow of 
Jacob Smith, who was a private 
in the Revolutionary War, is inscribed on 
the Pension list at the rate of twenty dol
lars per annum commencing on the 3d. of 
February 1853, and continuing for life,
Page 12

unless she should again marry, in which case the 
pension is not payable after the time of such 
marriage.  
Given at the Department of the 
Examined and } Interior this twenty fourth day 
Countersigned } of December one thousand 
L.P. Waldo } eight hundred and fifty three
Commissioner } P McClelland Secretary 
of Pensions }. of the Interior"

And I further certify that I have the 
most satisfactory evidence, to wit, my own [word struck out]
personal knowledge, that the said applicant 
Catharine Smith is the identical per
son named in the said pension certificate.
Given under my hand this 21 day of Febru
ary 1856.
Wm. Hunter JP

State of Virginia & County of Morgan

I L S Allen Clerk pro tem of the County Court 
in the County and State aforesaid hereby certify 
that Wm. Hunter whose genuine signature is affixed 
to the above acknowledgement, was at the time 
of signing the same a Justice of the Peace, duly 
authorized by law to take such acknowledgment 
and that full faith and credit are due to all his 
official acts as such.
[Burred seal of Court] Given under my hand the seal of the Court 
of record this 21 day of March 1856
L S Allen Clerk M. C.
Page 13

Virginia to wit, 

In the record of the proceedings of the County Court of 
Morgan, amongst others is the following, to wit.
At a Court held for Morgan County, on Monday the 27th day of May 
1833, Present, Robert Gustin, Samuel Abernathy, Henry Myers, Jacob 
Ash, & Isaiah Bush, Gentlemen Justices.

State of Virginia,
Morgan County to wit, 

On this 27th day of May 
1833, personally appeared before the Court, of the County of Morgan, in 
the State of Virginia, it being a Court of Record, Jacob Smith, a 
resident of said County, and State, aged seventy five 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 entered the militia services of 
the United States, in the Revolutionary War, as a drafted militia man, he 
believes in the year 1781 and marched from Sharpsburg, in the State of Mary
land, the then place of his residence, under Captain Joseph Chaplin and 
marched to Frederick Town, in the State of Maryland, where he was engaged 
in guarding British prisoners, the prisoners were afterwards removed to Fort 
Frederick, in Washington County, Maryland under a guard of which this appli
cant was one, that he guarded said prisoners for three months at Frederick Town, 
and afterwards three months at Fort Frederick, he only marched from Sharpsburg 
in Maryland to Frederick Town, and from thence to fort Frederick above mentioned, 
during the above mentioned time, the corps he was attached to was command
ed by Col. Rawlings who was either in the militia or regular service, he 
does not recollect which; he does not recollect the date when he entered 
the service, nor where he left it, so as to be more explicit, he was in no
battles; there is no clergyman living in the neighbourhood [neighborhood] where he re
sides.  He hereby relinquishes every claim 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.
Sworn to & subscrbed the day & year aforesaid  Jacob his X mark Smith
Test J. Reichard, C. M.C.

Questions by the Court, where, and in what year were you born?
Answer, I was born in the fall of the year 1758.

Have you any record of your age, if so where is it?
Ans., I have no record of my age, it was entered in a Bible, in the possession
of
Page 14

of my brother, who died some years ago.  The Bible was sold at the sale of 
his estate, my nephew who resides in that County, retained in his possession 
the leaf on which my age was entered & I believe still has it.

Where were you living, when you were called into service, where have 
you lived since the Revolutionary War, and where do you now live?
Ansr., When called into service, I lived in Sharpsburg, Maryland; at the 
close of the Revolutionary War, I removed to the neighbourhood [neighborhood] of Boons
borough Maryland, and about fifteen years ago removed to Cheat River 
Virginia, Monongalia County, and about four years ago, removed to 
Morgan County Virginia, my present place of residence.

How were you called into service, were you drafted, did you 
volunteer or were you a substitute, and if a substitute, for whom?
Ansr. I was drafted.

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.
Answer.  I am now seventy five years old, my constitution nearly 
worn out, so deaf as scarcely to be able to hear any thing, my mem
try has nearly failed me.  I can recollect nothing more than I have 
detailed above, except a Major Ott, Lieutenant Coontz, Lieutenant 
Witkins, Major Good, General Sprigg, Colo. Hughes, who were with the 
troops, but do not know whether they belonged to the militia or 
regular service.

Did you ever receiv a discharged from the service, and if so 
by whom was it given, and what has become of it?
Answer.  I recollect nothing about my discharge.  I presume I lost it 
many years ago, and have not thought of it for many years, I know 
not who signed it.

State the names of persons to whom you are known in your 
present neighbourhood [neighborhood] who can testify to your character for veracity 
and their belief of your service, as a soldier of the Revolution.
I am known to John Ellenberger, Michael Pentony, John
Sherrard, Robert Gustin, Jacob Reichard, Clerk of the County and 
Superior Courts of Morgan County, indeed to allmost [almost] all the citizens 
of the neighbourhood [neighborhood] in which I reside, but few of them have any 
knowledge of my Revolutionary services, except from what they have heard. 
All of them would, I believe, testify to my general character for veracity,
Page 15

We Michael Pentony & John Elllenberger, residing in the County of 
Morgan, and State of Virginia, hereby certify, that we are well acquaint
ed with Jacob Smith, who has subscribed and sworn to the above decla
ration, that we believe him to be seventy five years of age; that he 
is reputed and believed in the neighbourhood [neighborhood] where he resides, to have been 
a soldier of the Revolution, and that we concur in that opinion.
Sworn to, and subscribed the day & year.  Michael Pentoney
aforesaid.  Test, J. Reichard, C.M.C.  Johannes Ellenberger
(John Ellenberger in English)

John Ellenberger personally appeared this day in open Court, held for the 
County of Morgan, and made oath in due form of law, that he 
knew the before mentioned Jacob Smith, in the Revolutionary War, and 
from a variety of circumstances, know to this deponent, and with 
which the said Smith is familiar, as he heard said Smith [illegible]
there, he is satisfied that the said Smith must have served as he states, 
in the Revolutionary war, at Frederick Town, Maryland, and Fort Frederick 
in Washington County Maryland.  Test,
J. Reichard, C.M.C.

And the 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 Michael Pentony &
John Ellenberger, residents in this County who signed the preceding certificate 
are credible persons, and that their statement is entitled to credit.

I Jacob Reichard, Clerk of the Court of Morgan County, do hereby cer
tify, that the foregoing contains the original proceedings of the said Court in 
[repeated: in] the matter of the application of Jacob Smith for a pension.
[Blurred seal of office] In testimony whereof, I have hereunto set 
my hand and seal of my office, this 29th day 
of May, in the year of our Lord 1833.
J. Reichard
Page 16

State of Virginia } SS
County of Morgan } On this 8th day of October 1853 
personally appeared before me Peter Dyche 
the undersigned Justice of the peace in and for the County 
aforesaid and one of the Justices of the Court of said 
County it being a Court of Record, Catharine Smith a resident 
of said County and State, and being duly sworn, on her 
oath, makes the following declaration in order to obtain 
the benefit, and to obtain such pension as may be allow
ed in her case, by the provisions of such act or acts of 
Congress as are applicable:  That she is the widow 
of Jacob Smith deceased, who was a pensioner of the United 
States under the act of Congress of June [blank] 1832, as she 
believes; That her late husband Jacob Smith was 
put on the pension list probably about the year 1833, 
and that he died in this County July 26th 1834, there 
being then due to him some arrearage of pension, 
to wit from March 4th 1834, untill [until] the time of his 
death, which arrearage was paid her by the pay agent
in Richmond Va. on her proving satisfactorily that she was 
the widow of the said pensioner Jacob Smith decd.
Applicant thinks that she sent on to Richmond the 
pension warrant when she applied for the arrearage 
of her deceased husband's pension.  She further declares 
that she was married to the said Jacob Smith at San
dy Creek Glades 15 miles from Morgantown Virginia by 
a Baptist preacher of the name of Kid Smith, in what year 
she does not recollect, but probably about the year 1814, 
and that her name before her marriage was Catharine 
French; and she further declares that since the 
death of her said husband she has not married, 
but still remains a widow.  In support of her claim 
for a pension, if the law allows her any, which she does 
not know as she is very ignorant, she refers the depart
ment to their own records, and submits the annexed 
testimony
Subscribed and sworn to } Catharine her X mark Smith
before me }
Peter Dyche J.P. }
Page 17

State of Virginia, Morgan County Ss

On this 8th day of October
1853 personally appeared before me the undersigned justice of
the peace in and for the county aforesaid Henry Spohr
and Stephen Pentoney residents of said county and being
duly sworn on their oaths say, that they have been well
acquainted with the foregoing named Catharine Smith
now an applicant for a pension, that they also were well
acquainted with Jacob Smith many years past, and that
they believe that the said Catharine Smiths statements of
her marriage with him and the time of his death are
true. These affiants further say, that during the lifetime
of the said Jacob Smith, he and the said Catharine cohabitated
as man and wife, that the said Catharine was always
recognized by the said Jacob Smith as his lawful
wife and that she was so esteemed by all that knew
them; and further that as far as these affiants know
no doubt ever existed as to her being his lawful
wife.
Subscribed and sworn
to before me the day 
above written
Peter Dyche JP

Stephen Pentoney
Henry X ^his mark^ Spohr

Morgan County to wit. I the undersigned
Justice before whom the above affidavit of Stephen
Pentoney and Henry Spohr was taken ^do certify that they^ are persons of
credibity and good character, and as such entitled to full
credit on their oaths. And I further certify that I am
of the opinion that the statements made by the above
named Catharine Smith in her annexed declaration are
true I was personally acquainted with her late husband
Jacob Smith previously to his death, and to my own personal
knowledge she was notoriously considered his wife
and no doubt was ever raised on the subject
Peter Dyche JP
Page 18

State of Virginia
Morgan County to Wit}
I John O Ferrall, Clerk of the County
Court of Morgan County in the State of Virginia, do certify that Peter Dyche who hath
given the foregoing certificates was at the date thereof an acting Justice of the Peace in
and for the County aforesaid duly Electe, Commissioned and qualified, that full
credit is due to his official acts and the signatures thereto are in the proper genuine
hand writing of the said Justice.
In Testimony Whereof I have hereto
set my hand and affixed the Seal of the 
said Court in Office this Tenth day of
October 1853 and in the 78th year of the 
Commonwealth
Jno O Ferrall

[image of a stamp on lower left; lady justice holding balance scales in one hand and a sword in the other; wording around outer edge as follows: MORGAN COUNTY VIRGINIA [illegible]]
Page 19

Revolutionary War
WIDOW, &c.
File No. 7186
Catharine Smith
Widow
Jacob Smith
Feb 3d - 1848
Act: in Rev War
Index:-Vol. M, Page 221
[Arrangement of 1870.]
Page 20

39.337
Rev War
Page 21

No 3328
Catharine Smith
Wid:-
Jacob-

Set to HA Byrne 21 Oct/53

Act 3 Feby: 1853
Page 22

2 Rep. & Co: 26" July, 34
"Boynton"
Page 23

Oct: 13" 1853.
Appl. of Catharine Smith
Wid: of Jacob
Morgan Co:
Va
Act /53
$20.00 per an:
Com: Feby: 3. 1853.
Revy

Geo: B Dyche, Esq
Ato: Dilipath
5132
Bichmond
Page 24

S Pen: off.
21st Dec: /53.
Sir Please Certify the time
to which the within named
pensioner was paid. On
the date of his death.
Very Respectfully,
LP Waldo
Commissioner,

Jacob Smith, Act 1832
$20 per annum
Died 20 July 1834 paid
F Gurt
Auditor

Francis Burt, Esqr
Third Auditor, [illegible]
Page 25

Richmond 11 Apl. 1860
Sir
The enclosed Warrant for 160 acres
is returned to be cancelled and a new one
sent me in stead, at your earliest convenience
Very Respectfully
Your ob St
George Bagley

Hon Wm Barksdale
April 9/60
Page 26

[round black stamp inscribed as follows: PENSION OFFICE APR 13 1860]
Page 27

Berkley Springs March 25th /56
Mr Faulkner
Sir
I send you the enclosed
declaration of Mrs Smith for bounty land, which
you will please ledge in the proper department.
I am asked by Mr Jas H. White who is acting
for Mrs Smith, to call your attention to the
propriety of applying to the proper office to
act on this application as soon as possible
ever out of turn if it can be done. I make
this request with diffidence, and leave the
matter to your discretion and better knowledge
of propriety. The reason why it is wished that
Mrs Smiths' case should be promptly acted
on is, that she is very poor, indeed almost
suffering, and if she had her warrant, the
could have it cashed and her present wants
Page 28

supplied. The return to the application
may be directed to Mr. Jos. H. White or myself
at this place - you see by the accompanying
that Dr Allen is our clerk pro tem.
Respectfully Henry A. Byrne

Hon. Chr J. Faulkner

[vertically on lower left of the page follows]

Your attention respectfully
[illegible] to this request
of compatible with your
rules
Ch J Faulkner
Page 29

Berkely Springs Morgan County Va. Oct. 10. 1853

To the Commissioner of U. States pensions

Accompanying this is the declaration of
Catharine Smith for a pension as the widow
of Jacob Smith who received a pension
of $20 per year in his life time.
She is informed that there is some act of
Congress allowing her something by way
of pension. I have not now accept to 
the acts of congress of course cannot say
whether she is entitled to any thing or not
Of late years some pension was recomend [recommended?] by
a James Wharton at admins. of his deseased [deceased]
mother Sarah Wharton who had been 
the widow of Zachariah Wharton do?
He had been a $20 pensioner. The pension
records have that Jacob Smith had
been a pensioner. Any communication
on the subject of this application can
be made to me
Henry A. Byrne.
Page 30

Richmond Decbr 27. 1853.
L.P. Waldo Esqr.
Washington
Sir. I ask for information, is not
Catharine Smith widow of Jacob Smith who a
private in the revolutionary war entitled to recieve [receive]pay
from the death of her husband.
Your Obt Sevt.
Geo. B. Dyche,

an application under Act of 1853 was chayer
to Geddy Dec 20/53
Adams

3337
Page 31

Brief in the case of Catharine Smith widow of Jacob,
Morgan County and State of Virginia 
act 3d. Febry. 1853.

Claim, ("original," [struck out: or "for increase,")]

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was a pensioner under the Act of 
7 June, 1832.
Two witnesses testify to the 
general reputation of marriage & 
cohabitation.

(If for increase.)
Has additional evidence been filed since the admission of the claim?  If so, what?

Geo. B. Dyche. Esqr.
Ho: Delegates.
Name and residence of Agent
Richmond,  S.C. Boynton
Va.  Examining Clerk.
Page 32

Berkeley Springs Va.
Febry. 28th. 1855.

Sir,

I write to make inquiries in behalf 
of "Mrs. Catharine Smith, widow of Jacob
Smith, who was a private in the Revolutionary 
War"

She has in her possession a certificate 
signed R. McClelland, Sectiy. of the Interior
and countersigned by L.P. Waldo, Comr. of 
Pensions, which certifies that she is inscribed 
on the pension list at the rate of Twenty 
dollars per annum, &c. and I write to 
enquire [inquire] how she must proceed in order 
to get the money.  She says she has drawn 
a small amount through the agency of 
our delegate to the Legislature but she does 
not know how it was done--not do I.

Her certificate is dated as being given 
at the Depart. of the Intr. on 24th. Decr. 1853-
and on the back of it I observe the figures 
3.337, being perhaps, its number.

Hoping, in her behalf, an early answer
I am
Comr. of Pensions. Your Obt. Servt.
Washington Jno. T Siler.
D.C.
Page 33

Va 32

Catharine Smith 
wid
Jacob

16718
Geddes

Recd Dec 20/53
George B. Dyche Esq
House of Delegates
Richmond
Virginia
Page 34

State of Virginia }
County of Morgan } Ss

At a court of said County 
(being a Court of record) held by the justices thereof 
at the court house of said County on the 28th day of 
November 1853 personally appeared in open Court 
Catharine Smith a resident of said State and County 
aged as well as she knows about sixty [words out] nine 
[word struck out] seventy years, who being sworn, doth, on her oath, make 
the following declaration in order to obtain the benefit 
of any pension to which she may be entitled 
under any act or acts of Congress applicable to her 
case: That she is the widow of Jacob Smith 
formerly of this County decd. who was a United States 
pensioner under the act of June 7th 1832 (as she 
is informed) at the rate of twenty dollars per 
annum.  That her said husband Jacob Smith 
died in this County on the 26th day of July 1834.
That at the time of his death then was due 
a part of a semi annual payment, viz, from 4th 
March to July 26th 1834.  This arrearage was recd. 
by the present applicant from the pay agent 
at Richmond, by her giving satisfactory evidence 
that she was the widow of the said pensioner 
Jacob Smith deceased.  This applicant believes she 
sent on to Richmond her late husband's pension 
warrant when she applied for the arrearages due. 
Applicant further on her oath declares that she, her 
maiden name being Catharine French, was married 
to the said Jacob Smith at Sandy Creek Glades 
about 15 miles from Morgantown in Virginia 
by a Baptist preacher called Kid Smith (at what 
precise time she cannot now recollect) but
Page 35

She is of opinion it was not sooner than the year 1810 or 11 and may have been some years later & she further on her oath solemnly avers that she was married to the said Jacob Smith as before mentioned & by a minister as she --- believed, and yet believes was duly authorized to celebrate the rites of Matrimony. Your applicant further on her oath says, that after making all the search in her power she can find no record of her Marriage, and she believes none exists. She further on her oath declares that she never was married but to the said Jacob Smith and that since his death, she has remained unmarried and is now his widow (she submitted the following annexed testimony in support of her application) Subscribed and sworn to in open court this 28th day of November 1839 
Test Jno.O Ferrall C. M. C
 Catharine X Smith her mark 

And at the time aforesaid personally appeared before the said Court Matthias Ambrose, Phineas Ogden who being duly sworn do on their oaths say that they are well acquainted with the above named applicant Catharine Smith, that they know that she was in the lifetime of the above named Jacob Smith dec. publikly known, and by him and their neighbors recognized as his wife: that the said Jacob Smith said to be a United States pensioner died many years past in this county; what year they cannot now say, but they believe the statement of his widow as to the time of his death to be true
Page 36

they further on their oaths say that they are positive as to the identity of the above named Catherine Smith and that they certainly know that she has never married since the death of the said Jacob Smith, but that she still remains his widow 
 Test Jno J Ferrall C.M.C 
Matthias Ambrose Phineas Ogdon 

And the Court do hereby certify and declare that it is their opinion, that the above named Catherine Smith, was the wife and now is the widow of Jacob Smith in her declaration named and that Matthias Ambrose and Phineas Ogden are persons of credibility and entitled to belief on oath, they being the same persons whose names are subscribed to the above certificate 
Witness the subscriber presiding Justice of the Court Cromwell Orrick

 I John O Terrall Clerk of the Court of Morgan County do hereby certify that the above and foregoing contains the original proceedings of the said Court in the matter of the application of Catharine Smith for a pension, and do further certify that Cromwell Orrick whose name is subscribed to the said proceedings is the presiding Justice of said Court and the signature is his genuine proper hand writing 

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court in office this 1st day of December 1853 and in the 78th year of the Commonwealth 
Jno O Ferrall C.M.C.