Revolutionary War Pension and Bounty Land Warrant Application File W. 22,247, for Simon Smith, Rhode Island
Page 1

R.I.     Smith, Simon       W.22.247
           Rachel

res. of Barrington, Bristol Co R.I.
died in Aug 1780.
Page 2

6137
Rhode Island
Rachel Smith dec'd late widow of Simon Smith dec'd
and who died in the year 1780 of Bristol in the State of R. Island who was a Ensign and Segt  in the Compy commanded by Captain Talbert of the Regt commanded by Col Green in the R Island line for 8 mos. Ensign & 7 mos. Sergeant  Increased from $80/y an.

Inscribed on the Roll of Rhode Island at the rate of 115 Dollars - Cents per annum, to commence on the 4th day of March, 1836. & ending 18th September 1838 the day of her death.

Certificate of Pension issued the 25th day of May 1841 and sent from J L Tillinghast, M. C. Present

Arrears to the 4th of Sept 1838 $287.50
Allowance ending 18th Sept 1838 the day of her death $4.47
$291.97
-----
{Act July 7,
1838.}

Recorded by D. D. Addison Clerk,
Book A, Col 2a Page 23
Payment to be made to Lucy Smith Administratrix of said deceased}

Set to Pen Agent 
May 29 1984
Page 3

State of Rhode Island:
County of Bristol sc
On this fifth day of June AD 1837 personally appeared before me Christopher Smith a Justice of the Court of Common Pleas within and for said County. Rachel Smith of Barrington in said County aged 88 years  upwards, who being duly sworn according to law doth on her oath declare that she is the widow of Simon Smith of said Barrington deceased who was an officer in the War of the revolution, that in 1775 he served as Sergeant in Capt. Matthew Allen's Company & Col Hitchcock's regiment of Rhode Island troops stationed near Boston as much as eight months at least. That after that service he was appointed & Commissioned as an Ensign in the army on the Continental establishment & served
Page 4

in said capacity at the battle of Red Bank near Philadelphia but in what regiment he was, she does not remember. She believes General Greene commanded the Troops, & it is out of her power to recount his services particularly. She must rely on the testimony of those who were acquainted with his services for their accounts. And she further declares that she was married to the said Simon Smith on the 3rd day of May AD 1779 as will appear by the record of said town. That about the seventh of August 1780 her said husband went to sea in a merchant vessel from Providence as mate of the ship & was lost at sea. He never returned, nor she does know the exact day of his death but she supposes it was not a great while after he sailed. Since his death she had remarried a widow
Page 5

oh her said husband & is now re married wherefore she requests that the same pension which her husband the said Simon was entitled to under the Act of June 7th 1832 may be extended to her and she now makes this declaration in order to avail herself of the provisions of the Act of Congress of July 4th 1836 which extends the benefit of said act to her.

Attest Chrisr Smith 
Rachel x Smith
Her Mark

Bristol sc In Barrington June 5 1837
Sworn to & subscribed before me and I further certify said Rachel is a person of respectability & her statements entitled to full faith and credit.

Christopher Smith
J C C Pleas
Page 6

State of Rhode Island
Barrington Town Clerk's Office June 5, 1837

I certify that it appears from the records of said town that Simon 
Smith and Rachel Tiffany were married on the 5th day  of May AD 1777.
Witness: John Tyler Clerk

Bristol ss
In Barrington June 5, 1837 sworn to and subscribed before me by the said John Tyler, known to me as Town Clerk of said town.
Chrisr Smith
J C C Pleas
Page 7

State of Rhode Island &c.
At a Court of Probate holden within and for the town of Barrington in the County of Bristol, on the fourth day of February AD 1839. Be it remembered that satisfactory evidence is produced before said court that Rachel Smith, the widow of Simon Smith, formerly of said Barrington and an officer in the army of the Revolution, died on the eighteenth day of September AD 1838, in said Barrington, that before her death she  made an application for a pension as the widow of said Simon Smith under the Acts of Congress granting pension to certain widows.
And be it further remembered that at the time of her death she left no children, that she never had but one child, to wit, Samuel Smith who intermarried with Lucy Armington who is now his widow that said Samuel died on the 19th day of July AD 1826, leaving the following children by said Lucy, to wit..
Lucy A Smith, Susan K Smith, Charlotte T Smitt, Samuel W Smith, who are now all over twenty one years of age and Rachel T Smiith, who is now under twenty one years to age to wit, nineteen years of age.
Page 8

And be it further remembered that Lucy Smith, the widow of said Samuel Smith is now the administratrix on the estate of the said Rachel Smith, deceased, duly qualified to act in said capacity and is also the guardian of the person and estate of the said Rachel T Smith, a minor under twenty one years of age as appears by the records of said Court.

Probate Clerks Office, Barrington, February 5th, 1839
I Ebenezer Tiffany, clerk of said court do certify the preceding to be a true copy from the records of said court duly examined by me
In testimony whereof I have hereunto set my hand and affixed the seal of said court this fifth day of February AD 1839.
Ebenezer Tiffany, Probate Clerk
Page 9

WIDOW, &c
File No. 22,247
Rachel Smith
Widow
Simon Smith
Sergt Rev War
Act July 7 1838
Index: Vol A6, Page 224
Page 10

Free
J L Tillinghast

Hon. Jas L Edwards
Commissioner of Pensions
Washington DC 

Mar 29
Jm. at
Smith R. I.
Page 11

Rachel Smith
Rhode Island

Suspended, see let to Hon J L Tillinghast
Dec 27, 1837
Let to Hon J F Tillinghast, 11 July 1838
Benj Cowell July 21, 1838

Act 4 July 1836
Page 12

Ltr Hon J L Tillinghast
Oct 27, 38 same
9 Jany '39
do-do- Feby 26, '39
do-do- Apl 1, '39
" B Cowell Nov 13, 1840
Act of 7 July 1838
do G Dexter 14 Jany 41
Page 13

IN CONGRESS
The DELEGATES of the UNITED STATES of New-Hampshire, Massachusetts -Bay. Rhode Island, Connecticut, New-York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, TO Simeon Smith Gentleman
WE, reposing especial Trust, and Confidence in your Patriotism, Valour, Conduct and Fidelity, DO, by these Presents, constitute and appoint you to be an Ensign in a Regiment from the State of Rhode Island commanded by Colonel Christopher Greene to take from the Seventh day of June 1777 seventy seven in the Army of the United States, raised for the Defence of American Liberty, and for repelling every hostile Invasion thereof.  You are therefore carefully and diligently to discharge the Duty of an Ensign by doing and performing all manner of Things thereunto belonging.  And we do strictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as an Ensign.  And you are to observe and follow such Orders and Directions from Time to Time, as you shall receive from this or future Congress of the United States, or Committee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the Army of the United States, or any other your superior Officer, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you.  This Commission to continue in Force until revoked by this or a Future Congress.  Dated the 5th January 1778
By Order of the Congress 
Henry A. Laurens, PRESIDENT
ATTEST.  Cha Thomson jug
Page 14

6137
Rhode Island
Rachel Smith widow of Simon Smith dec'd 
and who died in the year 1780 of Bristol in the
State of R. Island who was a Ensign  in the Compy commanded by Captain Talbert of the Regt. commanded by Col Green in the R. Island line for 

Inscribed on the Roll of Rhode Island at the rate of 80  Dollars - Cents per annum, to commence on the 4th day of March, 1836, and ending 18th September 1838 the day of her death.
Certificate of Pension issued the 15th day of April 1841 and sent held J L Tillinghast Providence R I.
Arrears to the 4th of Sept 1838 $200.00 allowance ending 18th of Sept 1838 the day of her death 3.12
$203.12
{Act July 7, 1838}
Recorded by D D Addison, Clerk,
Book A Vol. 2 Page 23
Payment to be made to Lucy Smith administratrix of said decd
Let to Pers Ag
.apl. 19th 1784
Let to J L Tillinghast 
May 24 1784
Page 15

I Jonathan Andrews of East Greenwich in the County of Kent and state of Rhode Island being now in the 76 year of age on oath do testify and say that in the year 1777 I lived in Barrington in the County of Bristol in said State. and on the 17th of May of said year I enlisted as a private a little before I was sixteen into Col Christopher Greene's  regiment for three years and served out my time and was honorably discharged. Thomas Arnold was our Captain, one [illegible] one Lieutenant and Simon Smith our Ensign.  I well remember said Simon, he belonged to said Barrington and afterwards married Rachel Tiffany with whom I was well acquainted also and who I understand is still living in said Barrington,  I also well remember that at the battle of Red Bank on 22 October same year that said Simon was an Ensign during said battle,- very soon after my enlistment said Simon Joined as a
Page 16

an Ensign and so continued until the end of the year and according to my impression until after Sullivans expedition  in August 1778 when I think he resigned I afterwards understood he went to sea and was lost, in a storm.
Jonathan Andrews 
Kent sc  At East Greenwich this twelfth day of June AD 1837 Subscribed and sworn to before me 
John Brown Jus C C Pleas
I further certify the above witness to be a man of truth and character
John Brown Jus C C Pleas
Page 17

Rachel Smith
{illegible]
Page 18

I Caleb Whitman of Coventry in the County of Kent being now 82 years of age on oath do testify and say that in the year 1775 I then lived on Prudence Island and in April, a few days after the Lexington Battle I enlisted as a private in Capt Mathew Allen's Company and Col Church's regiment for Eight months and served out my time and was discharged in December; and immediately on my return I enlisted into Col. Richmond's regiment.  When I enlisted into Capt Allen's Company I well remember Simon Smith was one of our Sergeants, one James Smith was Lieutenant and one James Brown Ensign and one Philip Trafton was orderly Sergeant and he had a little son a musician.  Said regiment was a Rhode Island regiment raised for eight months said Simon served out his time and was discharged with he rest of us stationed near Boston
Caleb Whitman

Kent sc.  In Coventry June 27th 1837 Sworn and subscribed before me, and I further certify said Caleb Whitman is a credible witness, and his deposition entitled to full credit.
Samuel Arnold Justice of the Peace
Page 19

Rachel Smith decd
widow of Simon
Rd Id
2654
act 7 July 1838
Capt Tolbert 
Col. Green
admd. 7 May
8 mo. to 5 July 78
Ensign
80$
To Lucy Smith admx
of Rachel Smith decd
widow of Simon Smith decd
Ensign sc from 4 
March 36 to 18 Sept 38
the day of her death

Hon J.L. Tillinghast
Providence
R.I.
Page 20

State of Rhode Island  sc
County of Bristol sc
On this 28th day of August 1838 personally appeared before me Christopher  Smith one of the Justices of the Court of Common Pleas within aforesaid County, Rachel Smith resident in the town of Barrington in said County who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the act of Congress of July 7 1838 entitled "an act granting half pay of pensions to certain widows" vis that she is the widow of Simon Smith formerly of said Barrington who was an officer in the war of he Revolution, that he served eight months as a Sargent in Capt Mathew Allen's Company in Col Church's regiment in 1778 of Rhode Island Troops that he afterwards served as Ensign in Col Greene's Regiment of Continental Troops a year or more.  He also performed, she believes some other services which she cannot specify
Page 21

And she further declares that when the act of July 4th 1836, was passed she made an application for a pension under said act thinking she was entitled to a pension under said act from the circumstances that two respectable witnesses could testify and did testify that they saw her husband in service, after her intermarriage with him.  She cannot say from her own knowledge that he served after the marriage such a length of time has lapsed and her mind's memory being so much broken neither can she say that he did not serve as the witnesses have testified. She declares that she was married to him at the time specified in her said declaration to wit on the 3rd day of May 1779,  and she refers to the evidence in her said declaration for the [illegible] of her marriage and of his service and she avers that her husband died at the time mentioned in said declaration, to wit in August AD 1780, that she has ever since remained unmarried.  If the Secretary of War is  not satisfied that she is entitled to a pension under the act of July 4th 1836 she requests a pension may be allowed her under the act of July 7 1838
[illegible] Rachel Smith
Page 22

BY HIS EXCELLENCY,
William Sprague
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.
BE IT KNOWN, That the name, "HENRY BOWEN," to the aforewritten attestation subscribed, is in the proper hand writing of Henry Bowen, Esquire, who at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law:  Wherefore unto his said attestation full faith and credit are to be rendered.
  In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed, at Providence, this eighteenth day of September in the year of our Lord one thousand eight hundred and thirty-eight and of Independence the sixty third
Wm Sprague
By His Excellency's Command,
Henry Bowen Secry
Page 23

State of Rhode Island and Providence Plantations.
Secretary's office Sept 18th AD 1838
I Certify that at the session of the General Assembly of said State holden on the first Wednesday of May last, Christopher Smith was elected associate Justice of the Court of Common Pleas within the County of Bristol for one year, and Commissioned accordingly; as appears of record in this office.
Witness  Henry Bowen Secry
Page 24

Bristol Sc
  In Barrington August 28 1838 Sworn to and Subscribed before me and I further certify said Rachel is too infirm to attend Court, and also that her statement is entitled to full credit.
Chris Smith
Justice of the Court 
of Common Pleas
Page 25

Lucy Smith,
Page 26

State of Rhode Island sc
County of Bristol
Lucy Smith of Barrington in said County administratrix on the estate of Rachel Smith widow of Simon Smith late of said Barrington deceased, declares and says that the said Rachel in her lifetime made an application for a pension under the act of Congress of July 4 1836 as the widow of said Simon Smith who was an officer in the war of the Revolution but not being able to produce evidence satisfacting to the War Department, that the said Simon and Rachel were married before the expiration of the last term of service.  she the said Rachel made another declaration under the Act of Congress of July 7 1838 entitled "an act granting half pay and pension to certain widows" but did not declare in said last declaration, as she believes,
Page 27

that she was not married to her said husband prior to his leaving the service as the regulations of the Pension office required
Now the said Lucy further says that the said Rachel departed this life on the 18th day of September AD 1838 having no child or children, but grand children and that she the said Lucy has been duly appointed administratrix on her estate and Guardian to one of her grand children who is under twenty one years of age as will appear by the Records of the Court of Probate of said town and that the said Lucy is now satisfied that no satisfactory proof can be produced to show that the husband of the said Rachel performed any military service after their marriage, and therefore she relinquished all claim under the act of July 4, 1836 and requests that the arrears of Pension under the act of July 7 1838 may be paid to her believing that upon a full investigation of the claim of the
Page 28

said Rachel at the War Department that the said Rachel was not entitled to the benefits of the act of July 4th 1836
Lucy Smith

On this 4th day of February A.D.  1839,
Lucy Smith Administratrix on the Estate of Rachel Smith late of Barrington Deceased, personally appeared before the Court of Probate of the town of Barrington and County of Bristol, and Subscribed, and made Oath to the preceding declaration and the Court Order it further to be certified that the Statement of the said Lucy is entitled to full credit
Witness Ebenezer Tiffany Probate Clerk
Page 29

State of Rhode Island sc.
County of Bristol
Be it remembered that at a Court of Probate in the Town of Barrington in said County satisfactory evidence is produced before said Court that Rachel Smith of said Barrington, widow of Simon Smith formerly of said town and an Officer in the war of the Revolution departed this life on the eighteenth day of September 1838 and at the time of her death she left no child or children, but she left five grand Children to wit. Lucy A. Smith, Susan K. Smith, Charlotte T. Smith, Samuel W. Smith , and Rachel T. Smith, who are the Children of Samuel Smith the son of said Simon Smith and Rachel, and Be it further remembered that after the death of said Rachel, Letters of Administration were granted to Lucy Smith of Said Barrington who took upon herself said trust and qualified herself to act in said capacity and that she is now the Administratrix  on the estate of said Rachel Smith, and is the legal Representative.  All which appears of Record
  In Testimony whereof I have herewith set my name and affixed the Seal of said Court this Twenty fifth day of November A.D. 1840
Ebenezer Tiffany Probate Clerk
Page 30

Rachel Smith
V3,038
act 4 July 1836

Green Capt Talbert
Bundle 8 bg. No. 8.
discharged 3 Jan
'78 May 1777 Ensign

Hon J L Tillinghast
H R
W Ded
Page 31

  I Nelson Miller of Bristol in the County of Bristol being now almost 83 years of age do testify and say that I was formerly acquainted with Simon Smith of Barrington in said County and the husband of Rachel Smith now his widow.  In the year 1780 I was a drum major and stationed at said Bristol and sometimes was in one company and sometimes in another.  In the month of March of that year I well remember that said Simon Smith served in the senior class in a company commanded by Capt. Allen.  He had been drafted and served a month at least, stationed at Bristol.  I saw him every day being drum major.  I think he was a subaltern officer but am not positive as to his grade.  But I have a distinct recollection of his service.  I always understood that before that service he had served in Col. Greene's regiment of continental troops as an officer, but had resigned and that was the reason why he was in the senior class, they being liable to be drafted in case of emergency as well as the other militia.  I was myself in the service from 1775 until the course of the summer of 1780 in various regiments.  I was always acquainted with said Smith and knew him before the war.  During the war I lived in Warren and he in Barrington just opposite on the other side of he river.
Nelson Miller
Page 32

State of Rhode Island etc.
Bristol sc  At Bristol this 22nd day of August 1837 Then personally came Nelson Miller and gave the before written deposition and signed and made oath to the truth of the same before me.  And I further certify that I am well acquainted with said Deponent and that he sustains a good character for truth and veracity.
Jos. H. Blake
Just. Peace
Page 33

I Joseph Munro of Bristol in the county of Bristol and State of Rhode Island being now in the 78 year of age on oath do testify and say that I was formerly very well acquainted with Simon Smith formerly of Barrington in said county and the husband of Rachel Smith now his widow.  I well remember that in 1778 general Varnum's Brigade of continental Troops came from the outward to Rhode Island to form Sullivan's expedition in the summer of that year said Simon Smith was then an Ensign in Col Israel  Angell's regiment of Continental Troops he had been serving in Col Greene regiment and was in the regiment at the battle at Red Bank serving in said capacity as I always understood and I further testify that I well remember that soon after Sullivan's expedition said Simon resigned  his Commission in the Continental Service and went with the militia and as such did military duty in the year following.  I well remember in the year 1779 in the month of June I served a month with him in Cap[illegible]  Allen's company stationed at Bristol said  Allen was Capt of the senior class and the said Simon served as private in said company and I also well remember in the month of August following I again served with him another month in Capt Robert Carr's Company stationed at said Bristol said Simon served as a private in same company which was also a company composed of the senior
Page 34

Class I have a clear and distinct recollection of those two monthly tours of said Simon but how long he served in Col Angell's and Col Greene's regiments I do not know I knew him well when he was an Ensign in those regiments and saw him frequently when he was on Rhode Island and Ensign in said General Varnum's Brigade and I do further testify that in 1780 in August or September he went to sea in a vessel commanded by Capt Aborn as first Mate and was lost at sea during a hurricane in the West Indies nearly twenty sail were lost at the same time as Penderston since the death of said Simon said Rachel has remained his widow and is now his widow I have always been acquainted with her both before and since her husband's death In the senior class men obliged to do duty until they were sixty years of age
Joseph Monroe
Bristol sc
  In Bristol September 5 1837
Sworn to and Subscribed before me and I further certify said Joseph is a credible Witness
Christopher Smith Justice
of the Court of Common Pleas
Page 35

I Nelson Miller of Bristol in the County of Bristol and State of Rhode Island  being near eighty three years of age on oath do further testify and say, in addition to and in explanation of my former affidavit given in behalf of Rachel Smith, widow of Simon Smith.  It having been stated as I am informed by the Commissioner of Pensions, that I made no mention of any service I performed in the war of the Revolution in my Declaration for a pension after the year 1777, I do now say that if I did not, the reason was that when I made my declaration I was told it was unnecessary to prove any more than two years service.  I do not remember what service was stated in my declaration, but I am sure however that I detailed to John Howe Esq. who assisted me in obtaining my pension all the services which I performed, which were as follows.  In 1775 I enlisted for eight months in Capt. Martindale's company in Col. Church's regiment and served out my time ending December 31s of that year.  I then enlisted for a year in Capt. Loring Peck's company in Col Lippett's regiment and served out my time at the Westward and came home.  I then enlisted in the fifteen months service in Col. Crary's regiment which terminated March 1778 was drum major not particularly attached to any company but was attached to the regiment and quartered with Capt. Carr's company.  After this service I again enlisted in Col. Crary's regiment for a year and was drum major and served out my time which terminated in March 1779.  After this I went to sea in the Gen Stark and was gone six months.  After my return home from sea I was in the militia and served as drummer and also served on board the Guard boats There were three guard boats about Bristol and Warren.  Said Simon Smith and myself were together and served on board one of them and I also remember of his standing sentry on the shore at Rum Stick Point, stationed there as a guard and did duty as such but how long I do not remember.  I once gave him the counter sign while on guard.  I was knowing to his serving about a
Page 36

month's in Capt. Allen's Company as I stated in my former affidavit.  His service on board the guard Boats and standing sentry I have remembered since my former affidavit was given.  I think I stated in my first affidavit my services in Col. Crary's regiment terminate in March 1780 but upon reflection I think they terminated in March 1779.  It was the first two enlistments of the regiment that I served, But I well remember after y return from sea in the Fall of 1779 that said Smith did the above service.  I was in service from 1775 to 1780  as I stated in my first affidavit.
Nelson Miller
Bristol sc  At Bristol this  14th of March AD 1838
Then personally came Nelson Miller above named and gave and subscribed the afore going  deposition and made oath to the truth of the same before me.  And I also certify that I was well acquainted with said Deponent and that he sustains a good character for truth and veracity.
Jos. M. Blake
Just. Peace
Page 37

I Joseph Monroe of Bristol in the County of Bristol and State of Rhode Island do further testify and declare in addition and explanation of my affidavit given in behalf of Rachel Smith the widow of Simon Smith formerly of Barrington in Said County Incl. a length of time has elapsed since the said Simon and myself were serving together during the war of the revolution that it is probable I might have been mistaken as to some facts which I stated in my former affidavit.  I have a distinct recollection that said Simon did perform military service at Bristol in the Summer of 1779 once or twice.  I remember of serving as a substitute for my father under Capt Carr who commanded the senior class and at the same time and Simon was doing duty in the same company.  My father belonged to the Senior Class also and I served for him.  I stated in my former affidavit if I rightly remember, this was in August 1779 but on reflection it might have been in September or October. I went to sea in November 1779 this service as a substitute for my father was but a short time before.  I went to sea and was taken prisoner and did not get home until 1781.  I did not mean to be understood in my first affidavit that I belonged to Capt Carr's Company.  I belonged to Capt Throop's Company but served as a substitute for my father in Capt Carr's Company a little before I went to sea and then said Simon was in it and did duty.  In 1776 I did service in militia.  In 1777 and 1778 I was in the boat service under Nathan Monroe Capt. upwards of eleven months and in the Militia.  After Sullivan's Expedition I was a teamster until the summer of 1779 and then did service in the Militia until I went to sea
Joseph Monroe
Page 38

Bristol sc.  in Warren, March 23, 1838
Personally appeared before me Joseph Monroe and made solemn oath to the truth of the preceding deposition by him subscribed and I further certify that the said Joseph is known to me and he is a credible witness
Chas Magoun
Justice Peace
Page 39

BY HIS EXCELLENCY,
John Brown Francis
Governor, Captain-General and Commander in Chief of the State of Rhode Island and Providence Plantations.
BE IT KNOWN, That the name, 'HENRY BOWEN,' to the aforewritten  attestation subscribed, is in the proper hand writing of Henry Bowen, Esquire, who at the time of subscribing the same, was Secretary of the State aforesaid, duly elected and qualified according to law :  Wherefore unto his said attestation full faith and credit are to be rendered.
In testimony whereof I have hereunto set my had and caused the seal of said State to be affixed, at Providence, this twenty ninth day of March in the year of our Lord one thousand eight hundred and thirty -eight and of Independence the sixty-second
John Brown Francis

By His Excellency's Command.
Henry Bowen
Secry
Page 40

State of Rhode Island etc.
Secretary's office March 29 AD 1838
I certify, that at the session of the General Assembly of said State holden on the first Wednesday in May last, Joseph M. Blake was elected as Justice of the Peace for the town of Bristol in the County of Bristol; and Elias Magoun Justice if the Peace for the town of Warren in said County, each for one year and they have been commissioned accordingly: as appears of record in this office.
Witness Henry Bowen Secry
Page 41

Rachel Smith
Page 42

State of Rhode Island and Providence Plantations.
Secretary's office April 28. 1841
I certify that a the session of the General Assembly of the Colony of Rhode Island  etc holden on the first Wednesday of May seventeen hundred seventy five (1775) Matthew Allen was appointed  Capt Lieutenant in Col. Church's Regiment of the army of observation ordered to be raised for Eight months.
  I further certify that at the session of the General assembly of said State, holden on the first Wednesday of May seventeen hundred seventy seven, (1777) Simon Smith was appointed Ensign in Col. Greene's Battalion of Continental  Troops - as appears of record.
Witness
Henry Bowen Secry
Page 43

Providence March 6 1839
Sir
  In answer to your letter of 26 that to the Hon J L Tillinghast respecting the claim of Mrs Rachel Smith widow of Simon Smith permit me to say--When Mrs Smith made her first declaration under the act of July 4 1836 she did not state any service nor assert that she remembered any after her marriage her memory she said was much broken and she would no allege under oath what she could not distinctly remember.  I drew up this declaration in her presence in the presence of Judge Smith and believe this was the fact.  The declaration will however speak for itself to which I pray you to turn and see if I am not correct.  Instead of alleging such service she refers to the testimony of others who had a better memory.  It appeared afterwards from the evidence of reputable and credible witnesses, that there was
Page 44

some service after the marriage, which with the other papers was transmitted to the Pension office but you did not consider this evidence satisfactory nor their explanatory affidavits afterwards given.   Further efforts were then made to obtain further testimony but Mr Smith her husband having been dead for nearly 60 years and almost forgotten except by his immediate connections no further evidence could be produced.  In the mean time the act of July 7, 1838 was passed and I advised her to relinquish her claim under the first act and get her pension under the second thinking there could not be the last difficulty in this course.  She assented, and I drew up her declaration under this act also and I can truly say, I believe it never came into her head, as it certainly did not in mine "studiously or ingeniously to evade" any thing as you seem to suppose.  She was frank and candid and had well sustained a respectable and most unimpeachable character and she would have disdained any such course.  In justice
Page 45

to her memory I feel called upon to defend her character from this accusation.  She could not consistently make the declaration that her husband did not serve after the marriage because two reputable witnesses had sworn he did .  She was willing however to relinquish her claim under the act of July 4 1836 and did relinquish it.  Soon after she made her second declaration she departed this life and leaving no children I thought her administratrix was the proper person to get the arrears of pension.  If there is any mistake in all this, it is my mistake and it ought not to prejudice the claim.  I thought it was proper for the administratrix to make a declaration but if it was not, I pray for liberty to withdraw it.
  You observe in your letter of 26 that there is probably "some misconception" on my part  in " [illegible] the meaning of the two acts for the relief of widows," all I can say is I have endeavored to understand them but if I have misconceived I pray my mistake may no be allowed to work any injury to others.  In conclusion I beg to know in behalf of the legal Representatives
Page 46

of Mrs Smith's estate what she must do to get the arrears of pension.  I never had a case like this in all particulars, and I would esteem it a favor to be informed what further proof must be made or what further proceedings must be had and by whom.
  I am very respectfully
yours
Benja Cowell

March 20.  Since the above was written I have read the late Attorney General's opinion in (Mr Butler) in a letter to the Secry of War of Feb 28, 1834, in which he says in case of the death of a pensioner leaving neither widow nor child the legal Representative is entitled to receive the amount.  In giving a contribution to the act of June 7 1832 he gave this opinion.
Page 47

Benj Cowell
(Lucy Smith
app
Feb 11
recd Feb 14
Sent with the paper to concur on Pensions
July 15
Amt..
Hon J L Tillinghast 
House of Rep
Washington

Hon J.L. Tillinghast
H R
Page 48

Providence Feb 11 1839
Dr Sir
  Enclosed is the certificate of the Court of Probate of the death of Mrs Rachel Smith widow of Simon Smith, also an application of Miss Lucy Smith her Administratrix for he arrears of pension, due up to the time of her death.  This application alleges and establishes the fact that she was not married to said Simon prior to his leaving the service and relinquishes all claim under the act of July 4 18836 which appears to have been the objection in the commissioners letter to you of October 27.  That this poor old lady has departed this life without obtaining her due but I do hope it may now be ordered to be paid to her administratrix.  Simon Smith when the war
Page 49

first broke out served eight months in Capt. Matthew Allen's Company and Col Church's Regiment and afterwards was an Ensign in Col Greene's regimen of Continental troops and was in the battle of Red Bank where he was wounded by the bursting of a Cannon.  Both the services and marriage were amply proved the only objection has been whether part of the services were after the marriage.
I am respectfully
Your obt sevt
Benja Cowell


Hon. J.L. Tillinghast
Page 50

Hon J L Tillinghast
Page 51

Providence May 10th 1841
Dr Sir
  There has been a mistake made in calibrating the pension on the claim of Rachel Smith which I will thank you to get corrected on your return to Washington.  It would seem by the certificate that nothing has been allowed for the 8 months as Sergeant Simon Smith served 8 months as Sergeant in Mathew Allen's Co, Col Church's regiment in 1775.  This service was amply proved by Caleb Whitman who served with him and the truth of his testimony is corroborated by the circumstances that when he made his own declaration for a pension nearly 20 years ago he mentioned this same service as will appear by a copy of it herewith enclosed, he has also, in one or two other cases, testified to the same service which has been deemed satisfactory by the commissioner.  More proof can however
Page 52

can be obtained of this service if necessary, not by any who served with him, for Whitman is the only witness living, but by those who know of his going and returning.
  It does not appear to me that enough has been allowed as Ensign he was appointed in May 1777 as will appear by the Secretary's certificate herewith enclosed and I believe  J. Andrews and others testify that he served a year or more in this grade from that date.  The witness, Andrews, is a very respectable man and served with him in Col Greene's regiment and stood next to him as he informed me a few days ago, in the battle of Red Bank.  I wish you to get these mistakes corrected all I want is what is right under the law.
I am respectfully
your obed Sevt
Benja Cowell

Hon J L Tillinghast
Page 53

Capt Jonathan Andrews of East Greenwich whose testimony is copied to this then annexed letter of Judge Cowell, is a gentleman long and well known to me, and is entitled to receive complete credit and confidence in whatever he states whether under oath or not.
Washington Aug 22, 1841
Joseph L Tillinghast
H R
Page 54

Free
J. L. Tillinghast

Hon. Jas. L. Edwards
Commis. of Pensions
Page 55

Providence R. I. March 25, 1827
Sir,
  I send herewith a letter of Judge Cowell in relation to the application of  the representative Mrs. Rachel Smith, decd-and  beg please also to refer you to my remarks made in the case of Mrs. Martha Potter, so far as they my be applicable to this claim and am with [illegible 2 words] yours, etc
Joseph L. Tillinghast
Page 56

J. L. Tillinghast
[illegible]

Hon. Jas. L. Edwards
Comm. of Pensions
Page 57

Providence R. I.  2 Oct 1827

Dear Sir,
  I enclose an application of Mrs. Rachel Smith under the late law, to avail her if it is decided that she is entitled under the former, and am
Respectfully
 Your etc
 Joseph L. Tillinghast

Hon Jas L Edwards
Com. of Pensions
Page 58

Providence April 5 1841
Sir
  In reply to your letter of Nov 13 1840 in which you observed the claim of Rachel Smith deceased widow of Simon would be maintained by any of his kindred or friends, if the Court would certify the day of his death and the fact of her leaving no children, the name of her legal representative and I have to state that soon afterwards I transmitted to you the certificate of the Court of Probate showing the above facts as directed but have had no answer.  From the length of time lapsed I am fearful the certificate has not been received, if not please inform me and I will get another and sent it.  If it has may I ask to have the claim examined and allowed.  I believe there was no objection to all the services as claimed before the marriage
I am respectfully your ob
Benja Cowell
J L Edwards Esq
Page 59

Providence Nov 30 1840

Sir
  Agreeably to the directions in your letter of he 13 inst respecting the claim of Mrs Rachel Smith, deceased, widow of Simon Smith, I herewith enclose a certificate of  his death also of the fact she left no children duly certified by the Court of Probate.  The Court have also certified that Lucy Smith has been duly appointed Administratrix  on her estate and is now her legal Representative.
In behalf of Lucy Smith I have to request that a certificate may be granted for the arrears of pension, in whose hands as I understand from your letter it will by mine [illegible].  I believe there has been no objections to the service performed
Page 60

before the marriage--Simon Smith served 8 months as Sargent in 1775 and 12 months or more as Ensign in Col Greene's Regiment of Continental Troops as will appear by the evidence.  He was meritorious officer in the battle of Monmouth and served faithfully until he resigned
I am respectfully
your obt sevt
Benja Cowell
Page 61

BY HIS EXCELLENCY,
John Brown Francis
Governor, Captain-General, and Commander in Chief of Rhode-Island and Providence Plantations.
BE IT KNOWN, that the name, 'HENRY BOWEN,'  to the afore-written attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who a the time of subscribing the same was Secretary of the State aforesaid, duly elected and qualified according to law:  Wherefore unto his said attestation full faith and credit are to be rendered.
  In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed at Providence, this eighteenth day of September in the year of our Lord one thousand eight hundred and thirty-seven and of Independence the sixty second.
John Brown Francis
By His Excellency's Command.
Henry Bowen Secry
Page 62

State of Rhode Island and Providence Plantations.
Secretary's office Sept 18. 1837.
  I certify that at the session of the General assembly of said State on the first Wednesday of May last, Christopher Smith was elected a Justice of the Court of Common Pleas for the county of Bristol; Joseph Blake Justice of the Peace for the town of Bristol in said County;
John Bunn Justice of the Court of Common Pleas for the county of Kent, each for one year.  That at the session on the third Monday of June last, Samuel Arnold was elected a Justice of the Peace for the town of Coventry in said county of Kent for and until the first Wednesday of May next; and that they have been severally commissioned accordingly.
Witness Henry Bowen Secry.
Page 63

Providence Nov 10, 1840
Sir
  Will you be kind enough to inform me whether the law passed at the last session of Congress authorizing administrators to receive arrears of pensions due deceased pensioners will now authorize Lucy Smith administratrix of Rachel Smith the widow of Simon Smith to prosecute the claim and receive the arrears of pension due said Rachel al the time of her death under the act of July 7, 1838.  Rachel Smith made an application under the act of July 4 1836 but not being able to prove to your satisfaction any service after the marriage, she relinquished her claim under that
Page 64

act and made application under the act of July 7 1838 and departed this life soon afterward leaving no children but several grand children.  What I want now to know is whether the said Lucy can receive the arrears of pension due at the time of the death of the said Rachel.
When I transmitted the papers of the said Lucy you wrote me a letter stating the objections to her receiving it which letter I have lost or mislaid.  Will you be good enough to send me a duplicate of it.
I am respectfully 
your obt servt
Benja Cowell

J L Edwards Esq
Page 65

Smith
Millerd
Page 66

Sir,
  I enclose herewith the application of Lucy Smith, admx. of Rachel Smith, and accompany the papers by the letter of Judge Cowell explanatory of the claim with letter.  If you have no objection I will ask to have returned to me after read and considered.  
Very respectfully
Your obt sevt
Joseph L. Tillinghast

J. L. Edwards
Comm. of Pensions
Washington  Feb 15
1839

Will you have the goodness to inform me if the application of Eunice Millard, of R. I. under the act of July 1838, is yet acted on and
Page 67

R Smith
Payment to be made
at Providence R. Island by S.Materman Esq. Agent for paying pensioners in the Agency of Rhode Island

Open new certificate
8 mo ensign
7 mo Sergt
115$
old one cancelled
special report to Pen. agt.

Hon J L. Tillinghast
Recorded in the Pension 
Office in Book A. Vol. 
Page 23 by
DD Addison
Clerk
Page 68

War Department
Widow Pension
  I certify that in conformity with the act of July 7 1838, Rachel Smith, decd late widow of Simon Smith decd who was an Ensign in the Revolution and died in the year 1780 was entitled to receive Eighty dollars per annum, commencing on the fourth day of March 1836; and terminating on the eighteenth day of September eighteen hundred and thirty eight, the day of her death.  Payment to be made to Lucy Smith administratrix of said deceased.
  Given at the War Office
of the United States, this fifteenth day of April one thousand eight hundred and forty one
Jno Bell
Secretary of War
Examined and countersigned
J L Edwards
Commissioner of Pensions

Cancelled
Page 69

I Rachel Smith further make oath that my husband the said Simon Smith served in Col Church's regiment as I believed and not in Col Hitchcock's as I stated.  I further declare that his commission hereto annexed has been in my possession ever since the war
Rachel
Smith
X her mark

Bristol sc
 in Barrington Nov 6 1837
Personally appeared before me the above named Rachel Smith and made oath to the above supplement declaration and I further certify her statement is entitled at full credit
Chrisr Smith Justice
of the Court of Common Pleas