Revolutionary War Pension and Bounty Land Warrant Application File W. 24983, for Sylvester Smith, Vermont
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Conn.             Smith, Sylvester,                Vt 24983
Vt                              Hannah

[identifies court term and date of death of Sylvester Smith]
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17-277
Vermont
Sylvester Smith

of Randolph County in the State of Vermont
who was a Private in the Company commanded by Captain Safford of the Regiment commanded by Colonel Williams in the Connecticut line for 22 months.

Inscribed on the Roll of Vermont at the rate of 73 Dollars 33 Cents per annum, to commence on the 4th day of March 1834.

Certificate of Pension is issued the 14th day of August 1103 and seventh
J.K. Parish Randolph

Arrears the 4th day of March 1833     $146.66
Semi- annual allowance ending 4 September $36.66
$183.32
(Revolutionary Claim Act June 7, 1832)
Recorded by W.L. Williams Clerk
Book []   Vol. 3 Page 91
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5729
Montpelier, Vermont

Hannah Smith widow of Sylvester Smith who was a private in the Connecticut Line

Inscribed on the Roll at the rate of 73 Dollars 33 Cents per annum, to commence on the 4th day of March 1843

Certificate of Pension issued the 18th day of June 1844 and sent to J. K. Parrish, Esq., Randolph, Vermont

[Act of March 3, 1843]
Recorded in Book A, Vol. 1, Page 33
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949
Widow
Hannah Smith 
Vermont
Act July 7th 31
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Declaration in order to obtain the benefit of the Act of Congress of the 7th day of July 1838 entitled and Act Granting Half Pay and Pension to certain widows".

State of Vermont)
District of Randolph)

On this 10th day of August 1843 personally appeared before the Probate Court within and for said District now in session in Williamstown in Orange County District and state aforesaid Hannah Smith aged seventy-seven years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 7, 1838 entitled "An Act Granting Half Pay and Pensions to Certain Widows".  That she is the widow of Sylvester Smith who was a private in the War of the Revolution and a Pensioner of the United States upon the roll of the Vermont Agency under the Act of 1832. That he belonged to the Connecticut line. That he received a pension of about seventy-three dollars per annum. She further declares that she was married to the said Sylvester Smith at Woodstock on the 18th day of January seventeen hundred and eighty-seven and that her husband the aforesaid Sylvester Smith died on the 8th day of June 1839. That she was not married to him prior to his leaving service but the marriage took place previous to the first day of January 1794, to wit on the 18th day of January seventeen hundred and eighty-seven as above stated, and that she remains a widow.

Hannah Smith
Sworn to and subscribed in open court the day and year above written. Before me, D.F. Weymouth, Register.

The Court further certifies the aforesaid Hannah Smith the above-named declarant is entitled to full credit as a person of
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health and veracity and as that she is the widow of the said Sylvester Smith late a pensioner as above stated. 
[] my hand and the seal of said Probate Court this day and year above written.
D.F. Weymouth, Register
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I William Smith of Williamstown in the County of Orange and State of Vermont aged forty-eight years depose and say that Sylvester Smith late of Williamstown deceased was my father and I was present at his death which took place on the 8th day of June 1839. I further testify that my said father was a Pensioner of the United States at the time of his death. I further testify that my father's family consisted of seven children three of whom were older than myself and three younger. I have always resided with my father from my birth until his death and his widow my mother Hannah Smith still resides in my family and is present in Probate Court with me. I further testify that the paper hereto attached purporting to be a family record is to the best of my belief true and at any rate is recognized and considered as the true family record by the family of the late Sylvester Smith deceased. The said paper or record above referred to is now marked in Probate Court "Sylvester Smith's Family Record A".
William Smith

Sworn to and subscribed in open Probate Court this 10th day of August 1843 before me D.F. Weymouth, Register

I further certify that William Smith the aforesaid deponent is considered by this Court as a person of truth and veracity.
D.F. Weymouth, Register
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Family Record
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Sylvester Smith and Hannah Wayman were Married January the 18th 1787. 

Catey was born October the 25th 1787
John was born November the 14th 1789
Joseph was born May the 1th 1792
William was born May the 19th 1795
Benjamin Wayman Smith was born June the 17th 1800
Abida was born June the 9th 1803
[] was born August the 1th 1806
John Died August the 26th 1808
Catey Died January the 13th 1814
Sylvester Smith died June 8th 1839
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State of Connecticut
Comptroller's Office
Hartford 01st Oct 1843

On application for widow of the seven of servicer of Sylvester Smith in the War of the Revolution, alleged to have "7 months in 1770 under Putnam and Tucker, and in 1776 some time under McClellan and probably in some other Regiment" I have provided the record and files of this office and certify as follows.
There is on file "A Pay Roll of the 7th Co. B" Regiment raised for Order of General Ephraim Manning of Connecticut 1778".John Tucker was Lieutenant Colonel of the B Regiment. There is on said Pay Roll, the following entry "Sylvester Smith, private, time enlisted May 11, time discharged Dec. 15th. In service 7 months four days."
There are no Pay Rolls of service under McClennan from 1776 forward. Samuel McClennan was Lieutenant Colonel under John Eby in a Regiment [] December 1776 by Act of Assembly to join and serve in the Continental Army near New York until 15th March 1777; but served only in the State of Rhode Island from January to March 1777" - of this service, I find no rolls. At a later point Col. McClennan had command of a Battalion, but I find no rolls of that service (1778) nor have I met the name of Sylvester Smith in any of Pay Rolls of this office except as above.
Gideon Welles, Comp.
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Town Clerk's Office Williamstown, Vt Nov. 2th 1843

This certifies that in the Book of Records of Marriages and Births and death recorded in said town and kept in this office is the following entry on Page 6th of the said records to wit:

Sylvester and Hannah Smith married January eighteenth seventeen hundred eighty-seven

Their offspring
Caty born in Woodstock in the State of Conn. October 25th 1787
John born in Williamstown Nov. 14th 1789
Joseph born in Williamstown May 1st 1792
William born in Williamstown May 19th 1795

I Jonathan Farr Jr. assistant town Clerk of the Town of Williamstown aforesaid hereto certify that the above is a true copy of the record with the exception of the date which is expressed in fair legible figures Jan. 18, 1787.
Jonathan Farr, Jr.

State of Vermont     )
District of Randolph)

In Probate Court holden at Williamstown in the said District this 27th day of Nov. 1843 Jonathan Farr, Jr. assistant Town Clerk of the Town of Williamstown and to this court well known as a credible person and was duly sworn to the truth of the foregoing certificate and deposition and subscribed the same. 
D.F. Weymouth, Register
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Sylvester Smith
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Sylvester Smith
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State of Vermont )
District of Randolph)
On this 17th day of August 1832 personally appeared in open court before the Probate Court for said district now sitting at Brookfield in Orange County District of state aforesaid being a Court of record and Sylvester Smith and Sylvester Smith of Williamstown in said County of Orange and State of Vermont aged seventy-four 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 Act of Congress passed June 7, 1832 "That he entered the service of the United States at Woodstock Court under Capt. Ephrain Manning the last of May or First of Juen 1775 and enlisted for seven months and marched immediately for Roxbury, Mass and remained there and in the vicinity during the full time of his enlistment after returning during the full term of his enlistment. After returning home he again in the winter enlisted for two months and thinks under Capt. Joseph Dasher and marched to Cambridge and remained there and in Dorchester till after the British troops left Boston and after the expiration of said two months was dismissed. Also in the fall of the same year 1776 he again entered the service in the Militia of Connecticut under Captain Amos Paine in Colonel Williams Regiment and was ordered to the North River. He crossed the river at Fort Washington marched into New Jersey to a place called Barquin and after the expiration of three months he was dismissed at a place called the English Neighborhood in New Jersey. That in the fall of the year 1777 he again enlisted at said Woodstock Connecticut for two months under Capt. William Lyon and was ordered to Providence, Rhode Island and remained there and at Lewiston during his enlistments. He does not remember the colonel but recollects that General Spencer commanded.
That in the winter after the attack by Arnold in New London he again enlisted at said Woodstock and marched to Fourt Griswold. Does not now remember his captain but Colonel Samuel McClellan commanded. Was at the Fort most of the time and served during this enlistment two months.
He also states that in the year 1780 in the month of June he was in the [] and enlisted under Lieutenant Lyons for six months and served said time at Royalton and Bethel Forts. The Forst was commanded by Capt. Joseph Safford.
He hereby relinquishes any claim whatever to a  pension annuity except the for the present and declares that his name is not on the Pension Roll of the Agency of any State. The best proof of his service are herewith forwarded being affidavit of Luther Skinner, James Smith, and John P[]
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Jack Davis a Clergyman and Darius Pride Town Clerk both hereby certify that we are well acquainted with Sylvester Smith who has subscribed and sworn to the above declaration that we believe him to be 74 years of age, that he is reputed and believed in the neighborhood where he resides to be a solder of the Revolution and that we concur with that opinion.
Jack Davis
Darius Pride
Sworn and subscribed the day and year aforesaid.
Frederick Griswold, Judge Probate Court

And the said Court do hereby declare the opinion after investigating the matter and putting the interrogatories prescribed by the aforementioned that the above-named applicant was a Revolutionary Soldier and served as he states.
That the said Court further certifies that Jack Davis a clergyman and Darius Pride both to the Court well known, residing in Williamstown who have signed the preceding certificate are credible persons and their statement is entitled to credit.

I, J.K. Parish Clerk or Reg of the Probate Court aforesaid do hereby certify that the forgoing contains the original proceeding in the matter of the application for a pension by Sylvester Smith before Court.
In testimony whereof I have hereby set my hand and seal of office this 17th day of August 1832. 
J.K. Parrish, Clerk or Reg.
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State of Vermont     )
District of Randolph)

On this 12th day of June 1833 personally appeared in open Court before the Vermont Probate Court now sitting at Brookfield in Orange County Sylvester Smith of Williamstown in County who being first duly sworn according to law doth on his oath make this 2nd additional declaration in order to obtain the benefit of Act of Congress passed June 7, 1832.
That this first declaration made on the 17th day of August 1832 is correct in point of fact he states that he is unable to stat exactly by what authority the last service was prescribed but that he knows there were troops kept stationed at forts and in the vicinity of White and Connecticut rivers and that during several years previous and a while after his service [] Royalton was burned by Indians while he was in the last tour of service.
[] if necessary to his neighbors Hon. Elijah Paine, Cornelius Lynde, Darius Pride, and Joel Bass, Esq. for evidence of his own credibility.
Sylvester Smith
Sworn and subscribed this day and year aforesaid.
Calvin Blodgett, Judge

I, William Hebard, Clerk or Register of the Court of Probate aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court of this 12th day of June 1833 in the manner of the application of Sylvester Smith for a pension.
In testimony whereof I herewith set my hand and seal of office this 12th day of June 1833.
William Hebard, Clerk or Register
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I, Luther Skinner of Royalton County of Windor State of Vermont and formerly of Woodstock, Windham County Connecticut of the age of seventy-one years testify and say that I am personally acquainted with Sylvester Smith of Williamstown Orange County Vermont and formerly of Woodstock in the County of Windham Connecticut and knowing to his being in the Army in the War of the Revolution in the year 1775 in a Company commanded by Captain Ephraim Manning and the Regiment of Colonel Durkee - the exact term of service I do not recollect but should think seven or eight months.  Further this deponent sath not. 
Luther Skinner

State of Vermont)
Windsor County  )
In Royalton in the County aforesaid this 12th day of August 1832 personally appeared Luther Skinner the signor of the foregoing deposition and made solemn Oath to the truth of the statements therein contained before him.
Jonathan Kinney for Justice of the Peace

I certify that Luther Skinner is a man of good reputation and entitled to full credit for truth and veracity.
Jonathan Kinney Justice of the Peace

State of Vermont )
Windsor County ) 
Woodstock County Clerks Office 16 August 1832, I Benjamin Swan clerk of Windsor County Court do hereby certify that Jonathan Kinney is one of the Justices of the Peace within and for said County, and that the above is his Signature.  In testimony whereof thereto affix the Seal of said Court, and subscribe my name this day and year last above.
Benjamin Swan
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State of New York )
St. Lawrence County)

I, James Smith, of the town of Gouverneur in said county being duly sworn deposes and says that he is a brother so reputed of Sylvester Smith of the town of Williamstown, Orange County, State of Vermont, that this deponent is the junior of said brother by about seven years. That when this deponent was out eleven years old in the year 1775, and his said brother Sylvester was about Eighteen years old, he the said Sylvester enlisted in the Continental service in the state of Connecticut and continued in said service seven months with the American Army at Cambridge, Massachusetts - that as this deponent believes in the year 1777 said Sylvester was two months in the State of New Jersey in the militia service. This deponent also verity believes that said Sylvester served in the American or Continental service in Rhode Island two months and in Groton Connecticut two months and at Cambridge another two months, but this last making in all six months. This deponent does not so clearly recollect as to be willing to testify there as facts. This deponent also clearly remembers that said Sylvester served in the Stat of Vermont at Bethel and Royalton six months during the year that Royalton was burned.

James Smith
Sworn and subscribed this 2nd day of August 1832 before me, Howard Z. Madison, Justice of the Peace and Commissioner
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I John Paine of lawful age testify and say thus: I am seventy-six years of age and now live in the Town of Brookfield in the County of Orange and State of Vermont and that in the year 1776 I lived in Woodstock in Connecticut and in the aforesaid year I was [] the Militia about three months in Captain Amos Pain's Company and that Sylvester Smith now living in Williamstown in the County of Orange and State of Vermont was [] with me in the same Company and did did duty as a soldier at least three months in the United States service and I further state that I have been acquainted with Sylvester Smith about sixty years and I always have and now do consider him to be a man of truth and sincerity.
John Paine 

State of Vermont )
Orange County    )
August 2, 1832 John Paine personally appeared and made solemn Oath that the foregoing deposition by him subscribed  contains the truth and nothing but the truth before me. Nathaniel Wheatley, Justice of the Peace

The above named John Paine who subscribed the foregoing affidavit is to me generally well know and is a credible witness. Nathaniel Wheatley, Justice of the Peace
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State of Vermont
Secretary of State's Office
Montpelier, August 13, 1832

I hereby certify that Nathaniel Wheatly, Esq. is a Justice of the Peace within and for the county of Orange in said state and that his arts and attestations as such full faith and credit ought to be given. 
Testimony whereof I have hereunto set my hand and affixed the seal of this office this 13th day of August 1832.

Timothy Merrill
Secretary of State
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Affidavit of John Paine
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I, John Paine of Brookfield in the County of Orange and State of Vermont formerly of Woodstock in the State of Connecticut and of the age of seventy-six years testify and say that in the year 1776 I was in the Militia three months in Captain Amos Paine's company and Colonel Williams' regiment and that Sylvester Smith now living in Williams Town in the County of Orange, State of Vermont was out with me in the same company and did duty as a soldier not less than three months in the United States service and I further say that I have been acquainted with Sylvester Smith sixty years or more and I always have and now do consider him to be a man of truth and sincerity. I further testify and say that said Sylvester while in the American service marched to Burgain Town and a place called English neighborhood in the state of New Jersey and further the deponent saith not.
John Paine

Sworn and subscribed this eighth day of June 1833.

Before Homer Hatch, Justic of the Peace
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State of Vermont
Secretary of State's Office
Montpelier

June 11, 1833

I hereby certify that Homer Hatch, Esq. was on the eight day of June 1833 and now is, a Justice of the Peace, within and for the county of Orange in said state, duly constituted and commissioned and that to his arts and attestations as such full faith and credit ought to be given, and that I believe the within to be his signature.

On testimony whereof I have herewith set my hand and affixed the seal of this office, this eleventh day of June in the year of our Lord Christ one thousand eight hundred and thirty-three.
Timothy Merrill
Secretary of State
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I James Smith of Williamstown in the Count of Orange and State of Vermont, late of Gouverneur, New York and formerly of Woodstock in the State of Connecticut of the age of sixty-eight years, testify and say that I am a brother of Sylvester Smith of said Williamstown aforesaid. That said Sylvester Smith then of Woodstock in the State of Connecticut in the month of May 1775 enlisted into the Continental service in what was then called Connecticut State troops and continued in the service seven months with the Continental Army at Cambridge, Massachusetts and this occupant further saith that in the year 1777 said Sylvester was in the State of New Jersey in the Militia Service. I further say that I well recollect the said Sylvester joining the American Army and marching for Rhode Island at one time for Groton, Connecticut at another time and for Cambridge Massachusetts at one other time, but the length of time served at the three last mentioned towns I cannot state positively, but should think it must be that two months each time. And I also further say that the said Sylvester served in the State of Vermont at Bethel and Royalton six months during the year that Royalton was burned. Further this deponent saith not.
James Smith
Sworn and subscribed this twenty-fourth day of May 1833 before James Lynde Justice of the Peace
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State of Vermont
Secretary of States Office
Montpelier
June 11, 1833

I hereby certify that James Lynde, Esq. was on the fourth day of May 1833, and now is a Justice of the Peace, within and for the County of Orange, in said state, duly constituted and commissioned and that his arts and attestations as such, full faith and credit are and ought to be given, and that I believe the above and within to be his signatures.

In testimony whereof I have here unto set my hand and affixed the seal of this office this eleventh day of June in the year of our Lord Christ one thousand and eight hundred and thirty-three.
Timothy Merrill
Secretary of State
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Affidavits of Jack Smith
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3510
Sylvester Smith
22 months
$73.33


Indexed

J.K. Parish, Esq.

Randolph
Vermont
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War Department,
Pension Office.
DD Rafiel 1833

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined and the [apers 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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Sylvester Smith
[Table]
1775, seven months, private
1776, two months, Col. Williams
1776, three months
1777, two months
after attack , 2 months, Col McClellan
1780, six months, Capt. Safford
1.10

I am, respectfully,
Your obedient servant,
J.L. Edwards,
Commissioner of Pension
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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, 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 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 or private armed vessels are also excluded from the benefit of the law, as well persons who turned out in patrols, or were engaged 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 declarations, which will be made before a Court of Record of the County where such applicant resides. And every Court having 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 (1) regiment of the line, under the following named officers:
[Here set forth the names & rank of the Field and Company Officers, the time he left the service (and if he served under more than one term or enlistment, he must specify the particular period & 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 counties through which he marched. *This form is to be varied so as to apply to the 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 rumination of the proper record, the names of applicants making such declaration cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration, similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the        
    and C. D. ,         residing in (the same)
hereby certify, that we are well acquainted with 
       , who has subscribed and sworn to the above declaration; that we believe him to be
               years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the above-named applicant was a Revolutionary soldier, and served as he states. And the Court further certifies that it appears to them that A.B and C.D. who has also 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 proceeding or the said Court, in the matter of the application for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this, day      of 

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 service of the applicant, 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,(/J and he will also, whether he produces 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 to the Department. A very full account of the service of each person
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-3-

will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The  Court will 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 Virgina. 
1. Where and in what year were you born?
2. Have you any record of your age, and ifso, 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 who?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer.  { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that 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 required 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.

Wherever 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 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 rue 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 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 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 deposes and says 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 ____ years and ____ months and _____ days, I served as a _________. For ______ months and ______ days, I served as a  _________; and for such services 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 pension 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 declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps, called into service by competent authority;  that he was eighter 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 is to be authenticated the paper 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 in 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 [] are all equally applicable to the cases of Militia men, volunteers, and State Troops. The proof required by rule [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 31

WIDOW, &c.

File No. 24983
Hannah Smith
Widow of Sylvester Smith
Private, Connecticut Line

Act: March 3rd 1843

Index: Vol. L, Page 225

[Arrangement of 1870]
Page 32

Hannah Smith
under joint resolution of 230

January 1845 and act 7th July 1838

155

[] : @ $73.33 per annum from, 4th March 1836 to 8 June, 1839 


J.K. Parish
Randolph, Vermont
Page 33

Declaration in order to obtain the benefit of the Resolution of the 23rd January 1845

Whereas the act of the 30th of April 1844 prohibited me from drawing a pension for the same period during which my husband was a Pensioner, I now make the following statement under oath to obtain the benefits of the resolution above mentioned. I am the widow of Sylvester Smith who was a Private in the War of the Revolution.

I have drawn a Pension at the rate of Seventy-three dollars and thirty-nine cents per annum from death of my said Husband till the 5th of March 1841 and also from the 4th of March 1843 and now ask for the amount due me from the 4th day of March 1836 to the time of the decease of my dead husband which was on the 8th day of June 1839 when my former pension commenced.

Hannah Smith
Sworn to and subscribed before me on this 6th day of March 1845 at Williamstown in the County of Orange and State of Vermont.

J.K. Parish, Justice of the Peace
I certify that the declarant is personally known to me and that she is the same individual she represents herself to be in the foregoing affidavit.
J.K. Parish, Justice of the Peace

I, Calvin Blodgett, Clerk of the County Court do hereby certify that J.K. Parish who has signed the foregoing is a Justice of the Peace for the County of Orange in the State of Vermont and that the above is his signature. In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 6th day of March 1845 at Chelsea in Orange Co aforementioned.
Calvin Blodgett, Clerk
Page 34

Sylvester Smith:
Certificate
Page 35

State of Vermont
Secretary of State Office 
Montpelier 28-1843

I, J. Mc M Shafter, Secretary of State of the State of Vermont, hereby certify that upon an original Pay Roll of Captain Jesse Safford's company for Revolutionary services on file in this office occurs the name of Sylvester Smith with an allowance to him of $1-4 for 12 miles travel in July 1780. That this allowance was made by a committee acting under the authority of this state and was paid by this state.
In testimony whereof I have hereunto set my hand and the seal of this office the 28th day of Oct. 1843.
J. Mc M Shafter
Secretary of State
Page 36

Rec of Loren Grunwell $1. The amount of the [ ]

J. Mc M Shafter
Page 37

8480
Montpelier, Vermont

Hannah Smith widow of Sylvester Smith who was a Pensioner under the Act of 1832 and who died on the 8 June 1839 of Randolph in the State Vermont who was a Private in the Company commanded by Captain Safford of the Connecticut line for 2.2 months.

Included in the Roll of Montpelier at the rate of 73 Dollars 33 Cents per annum to commence on the 8 June 1839.

Certificate of Pension issued the 13th day of June 1844 and sent to J.K. Parrish, Randolph Vermont

[Act July 7, 1838.]

Recorded by F. L. Swann, Clerk
Book D, Vol. 1, Page 139

Cert. No. 155
Issued under J.G. Reso Jan. 23, 1845 and sent to J. K. Parrish, Randolph, Vermont
Page 38

1843 No. 6057

December 12, 1843

Hannah Smith
1838

Married to Sylvester Smith 18 Jan. 1787. Husband died 8 June 1839.
$73.33 per annum to commence 8 June 1839
Montpelier, Vermont roll
Two Certificates
The Act 1838 and another with act 1843
Cert to J.K. Parrish
Randolph, Vermont
Page 39

Randolph Vermont
Dec. 6. 1843

Sir:

Agreeable to the requirement in your letter of the 16th of October last, I applied to the Comptroller of Connecticut for certification of the services of Sylvester Smith in the war of the Revolution and also to the Secretary of the State of Vermont both of which I herewith provide to the Department. It will be seen that they are very important as Mr. Welles states there are no rolls under McClellan in 1776. The Secretary of Vermont only certifies in relation to travel but shows June of 81.

I have no doubt but that Sylvester smith performed all the services proved when he obtained his pension under the Act of 1832. I do not know who were his witnesses but I cannot think the Department will require the widow of such persons who have drawn under good and sufficient proof of service to be cut down unless the rules absolutely require it. This case has been submitted. Yours, J.K. Parish

I forward proof of the marriage as sworn in the Town of Williamstown. In this state our laws require annually that there be appointed an assistant town clerk and his certificate is herewith forwarded. The Town Clerk being absent.

Comm. of Pensions
Page 40

I, Elijah Paine, of Williamstown in the County of Orange, State of Vermont, Judge of the District Court of the United States for the Vermont District, aged seventy in years testify and say that I have been well acquainted with Sylvester Smith of said Williamstown for more than forty-five years and that during the whole of that time he has been a near neighbor to me and that during the whole of that time he has sustained the character of a man of truth and veracity. It has been during the whole of the aforesaid time been believed in this town that he immigrated from Woodstock in the County of Windham Stat of Connecticut into Vermont.

I further testify and say that in the latter part of August or beginning of September in the year seventeen hundred seventy-six, soon after the British took possession of Long Island, the whole of Colonel Williams' Regiment of Pomfret in the County of Windham and State of Connecticut was ordered to forward to New York and I believe that all of that Regiment except for Invalids and [] went to that place. I belonged at that time to that Regiment went to New York and that Regiment included the Town of Pomfret, or Woodstock, and I believe [] -At that time I lived in Brooklyn a fourth of Pomfret Line formed into a town.  I do not recollect that I heard an individual of that Regiment who did not live in Pomfret excepting a W Mc Lellan of Woodstock who was with the Lieutenant Colonel or Major of that Regiment, with whom I have previously been acquainted. My memory does not enable me to say, which officer W Mc Lellan nor that of Lieutenant Colonel or Major.  The Regiment was ordered out for three months and thereupon served the full term. 
A few days before our arrival at New York by land the British took possession of the City and the Regiment and the Company's marched to Fort Washington and sheltered there for a few days, when they were ordered to Bergen in Jersey by way of Fort Lee.  In 1776 and long before that time all able-bodied males in Connecticut were involved in the Militia when they attained the age of sixteen years. And further sayeth not this deponent. 
Williamstown, June 10, 1833
Elijah Paine
 
Sworn to and subscribed before me June 10, 1833. 
James Lynde, Justice of the Peace
Page 41

I hearby certify that I am formally acquainted with the Hon. Elijah Paine signer of the within affidavit and that he sustains the character of a man of the strictest
Page 42

March 15, 1845

Sarah Durkee
and
Hannah Smith

Re Jan 23, 1845

Comm.

J. L. Edwards, Esq.
Commissioner of Pensions
Washington City
Page 43

Randolph Vt. March 7th 1845

Sir,
Enclosed is the application of Sarah Durkee window of Asahel Durkee for arrers of pension for due.
Also the application of Hannah Smith window of 
Sylvester Smith.
Please make as early       as is convenient- 
I am Sir very Respectfully

J.K. Parish

J.L. Edwards
          of Pensions