Revolutionary War Pension and Bounty Land Warrant Application File W. 3727, for James E Smith, Pennsylvania
Page 1

(3-1776)             

SERVICE                                                  NUMBER  
Continental (Penn)   Smith, James E.        W.  3727    
                                  Jemima  {B. L. Wt. 2027-200  
                                   {Capt-Lieut. Pa. Art
                                   {Issued Sept. 9, 1 
                                   { no papers.      
________________________________________________________________________________________________________
CONTENTS

In 1818 res. of Phila. Pa. aged 59 yrs.
d. June 14, 1835
Page 2

2914
Pennsylva Phila ja
Jemima Smith
a widow of 
James E. Smith
Penn
who served in the Revolutionary 
war, as a Lieut of Arty

____________________________________________________
Inscribed on the Roll at the rate of 400 Dollars ____________ Cents per annum, to commence on the 4th day of March, 1848.
____________________________________________________
Certificate of Pension issued the 10 day of Jan 7. 1849 and sent to 
Jas [James} Adams
Cash Bk of Washington
________________________________________________________________________________________________________
Recorded on Roll of Pensioners under act January 2, 1848, Page 268  Vol. 4
Page 3

No 873
Pennsylvanial
________________________________________________________________________________________________________
James E. Smith     4
Captain
Proctor Pennsylvanial Artillery 6 years
the army of the United States during the Revolutionary War.
________________________________________________________________________________________________________
Inscribed on the Roll of Pennsylvania at the rate of Twenty Dollars per month, to commence on the 1st. of May 1818.
________________________________________________________________________________________________________
Certificate of Pension issued the 5th of June, 1818. and sent to the Pensioner in Philadelphia, (22 Aug.)
________________________________________________________________________________________________________
Arrears to 4th of Sept. 1818
[{Semi-anl all'ee ending
                                                   __________________
                                                   __________________
4 months 4/30                                     $82.66  
                                                   __________________
                                                   __________________  

{Revolutionary claim,}
{Act 18th March, 1818.}

No/62      C√ontinental
City of Philadelphia
Page 4

[Left side written vertically

The Commission copied for Capt. Smith
26th Sept. 1828.



notifications sent September 26, 1820 to D. Caldwell Philadelphia, Pennsylvania Sept from the Role under Act 15 May 1828 see letter 22 October 1838 to Pension Agent
Page 5

United States Eastern District}
            of Pennsylvania at Philadelphia}  js

     On this twenty eighth day of July A.D. 1820 personally appeared in open Court James E Smith aged sixty two years resident in the City of Philadelphia in said District, who being first duly affirmed according to Law, doth on his Affirmation declare that he served in the Revolutionary War as follows- the date of his first Commission was the 14th March 1776 in the 4th Regiment of Artillery, Commanded by Colonel Thomas Proctor Pennsa [Pennsylvania] Line; continued to serve in the said Corps to the end of the War; his Commissions accompanied his Original Declaration made May 1st 1818 No of his Pension Certificate 871.

And I the said James E Smith do solemnly affirm that  I was, a resident Citizen of the United States on the 18th day of March 1818. and that I have not, since that time by gift, sale or in any manner whatever deposed of my Property, or any part thereof, with intent thereby so to diminish it as to bring myself within the Provision of an Act of Congress entitled " The Act to provide certain Persons engaged in the Land and Naval Service of the United States in the Revolutionary War," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me any Property or Securities, Contracts or Debts due to me, now have I any Income other than what is Contained in the Schedule hereto annexed, and by me subscribed
James E. Smith

Approved to and declared}
on the 28th day of July1820}
D. Caldwell Clk. Dist Ct}

Schedule
One Silver Watch not exceeding in Value $10.00  The Watch is the only Article of Property at this Time owned by the Declarant, he having through Losses and adverse Circumstances as a Merchant, his then Profession, and in December 1816 assigned his
Page 6

has all of Property and Claims of every description and delivered the same up to Assignees for the use of his Creditors since which Time he has not acquired any Property.
James E. Smith

Affirmed to ut Supra}
D. Caldwell Clk. Dist Ct}

The Family of the within declarant residing with him viz
His Wife Jemima Smith   aged  .     .     .  55 years
       Son James S. Smith      "     .     .     .  29
Daughter Elizabeth R Smith "    .     .     .  25
        Son Joseph R. Smith     "    .    .     .   21
       {Mary R Smith                "    .    .     .   16
Daughters {Jemima R Smith "    .     .    .   11
      { Hannah S Smith            "    .     .     .    8

Of the Two Sons James S and Joseph R. [{Smith} crossed out] are able to support themselves, and contribute in a measure by paying board toward the support of the other Members of the family.  Elizabeth R. by her Industry is enabled to provide for her own Clothing--the minor daughters are unable to assist much towards their own support
James E. Smith

Affirmed to in Open Court}
July 28th 1820}
D. Cadwell Clk Dist Ct}

     I D. Caldwell Clerk of the District Court of the United State, in and for the Eastern District of Pennsylvania do hereby Certify, that the foregoing Affirmations and the Schedule thereto annexed, are truly  Copied from the Records of the said Court and I do further Certify that it is the Opinion of the said Court that the total Amount of the Property exhibited in the aforesaid Schedule  is two dollars
     In Testimony whereof I have hereunto set my Hand and affixed the Seal of the said Court on this twenty eighth day of July A.D. 1820. and in the forty fifth year of the Independence of the said United States.
D Caldwell-Clk. Dist. Clk.

[Seal affixed stating {SEAL OF THE DISTRICT COURT IN PENNSYLVANIA}
Page 7

Correct original commissions inclosed.
Page 8

District of Pennsylvania js-

On the first day of May 1818, before me the Subscriber Chief Justice of the Supreme Court of Pennsylvania, personally appeared James E Smith, aged fifty nine years, Resident in Philadelphia, in the said district, who being by me first duly Sworn according to Law, doth on his oath make the following declaration, in order to obtain the Provision made by the late Act of Congress entitled an Act to provide for certain persons engaged in the Land and Naval Service of the United States, in the Revolutionary War.  That he the Said James E Smith entered the Service of the United States on the fourteenth day of March one thousand seven hundred and twenty seven, as Second Lieutenant of Artillery as appears by a Commission hereunto annexed, granted by John Say and entered in the war office on the 18 May 1779-  That he continued to serve in the Pennsylvania Regiment of Artillery commanded by Col. Thomas Proctor, untill the end of the war, and was discharged in Philadelphia in August 1783 in Philadelphia State of Pennsylvania as appears by a Brevet Commission, dated the 5 day of December 1783, Signed Thomas Mifflin, hereunto annexed.  That he was in the Battles of White Plains, Trenton, Princeton, Brandewine, Germantown, Green Springs, Yorktown,
Page 9

& Hunts Bluff Combehee [Combahee] River S Carolina-&. And that he is now in Reduced circumstances and in need of assistance from his country.  And that he hopes the foregoing evidence will prove satisfactory being all in his power to offer.

James E. Smith

Sworn to and declared before me the day and year aforesaid
Wm Tilghman

I, William Tilghman, Chief Justice of the Supreme Court of Pennsylvania, do Certify that it appears to my satisfaction that the said James E Smith did serve in the Revolutionary Was as stated in the preceding declaration, against the common enemy and I now transmit the procedings and testimony taken and had before me; to the Secretary of the Department of War. pursuant to the directions of the aforementioned Act of Congress.

Wm Tilghman
Philadelphia the 1st day of May 1818-

I John Conrad Prothonotary of the Supreme Court of the Eastern District of Pennsylvania & do hereby Certify that William Tilghman whose name is subscribed to the foregoing Certificate at the time of so doing and still Chief Justice of the Supreme Court of Commonwealth of Pennsylvania and to all whose acts as such full faith and Credit are and ought to be given.  In testimony whereof I have unto set my hand and affixed the seal of the said Court at Philadelphia first of May AD 1818

John Conrad Pro
Page 10

District of Pennsa- SS

Before me William Tilghman, Chief Justice of the Supreme court of the State of Pennsylvania, Personally appeared James E Smith named in the annexed declaration. who being by me Sworn according to Law deposeth and Saith, that in the year One Thousand Seven hundred and Ninety nine he annexed the Letter E to his name as a distinction there being at that time several of the name of James Smith residents of Philadelphia that he has uniformly Since that time used the E in his Signature that at the time the accompanying commissions were granted his Signature was . James Smith.
Sworn & subscribed Aug, 18.
1878. before me Wm. Tilghman    James E. Smith

Before me William Tilghman, Chief Justice of the Supreme Court of the State of Pennsylvania, Personally appeared William Campbell who being by me duly Sworn according to Law.  Deposeth and Saith that James E. Smith the above deponent and named in the annexed declaration is the person who served in the Pennsylvania Regiment of Artillery Commanded by Thomas Proctor in the Capacity of Lieutenant and afterwards as Captain.  having served under him during the Revolutionary War in Said Regt.
Sworn & subscribed Aug. 18.
1818 before me                    William Campbell
Wm. Tilghman
Page 11

2 yr    [{23} Xed through]  No. 210.

Jemima Smith
Pa

admitted
Lieut 2 yr $400


J. J. Moore
Phila.
Page 12

Married 1787 February 5th. James Smith and Jemima E. Russell, say Seventeen Hundred and Eighty Seven February Fifth by Mr Blackwell


City of Philadelphia
                              I hereby certify that I am the Sexton of Christ Church, in the City of Philadelphia, and that above is a true copy from the Marriage Record of the said church in my possession, with the exception of the day month and year written out, witness my hand this Third day of September.  At One thousand Eight Hundred and Thirty Eight
Sworn and Subscribed
before me                Robt. R. Bringhurst.
Peter Christian                       Sexton


I do hereby certify that the above named deponent Robert R Bringhurst is the Sexton of Christ Church in the city of Philadelphia. and that I am well acquainted with him, and that full faith and audit can be given to his Statement.
Peter Christian
          Atn

Philadelphia County S.S.
I, Robert Morris, Prothonotary of the Court of Common Pleas of the City and County of Philadelphia, hereby certify that Peter Christian, before whom the foregoing certificate was made and who has  attached his upon
Page 13

true thereto was at the time and state is an alderman and ex-officer a Justice of the Peace of the City of Philadelphia , duly an [illegible] & qualified.
                   Witness my hand
The Law of said Court
the 3rd September 1838
Robert Morris
Prnthy [Prothonotary]
Page 14

State of Pennsylvania}
City of Philadelphia]
     On this Third day of September A.D. 1838 Personally appeared before me an alderman and Justice of the Peace in an for the said City and State aforesaid Jemima Smith resident of the before named City, who being first duly affirmed according to law, doth declare an say that she is the widow of James Smith, who was a Major by brevet and Captain by Commission during the Revolutionary War, and drew his pension until his death which took place in the year 1835  And further declares that she was Married by the Reverend Mr Blackwell on the Fifth day of February Seventeen hundred and Eighty Seven as will more fully appear by reference to the annexed certificate of Marriage from the records of the church, and that she has remained his widow since the period of his death the aforesaid James Smith
Affirmed and Subscribed}
before me Septr [September] 3 1838] Jemima Smith.

William Milnor
Aldr [Alderman]

I do hereby Certify that the above named Declarant Jemima Smith is a high y Respectable and Intelligent old lady and that full faith and confidence can be given to her statement
William Milnor
Aldr {Alderman}

Pennsylvania}
Philadelphia County} js
                        I Robert Morris Prothonotary of the Court of Common Pleas of said County Do Certify that William Milnor Esqr before whom the aforegoing affidavit was made and by whom the aforegoing certificate
Page 15

was made and given and whom in his own proper hand-writing has thereunto severally subscribed his name was at the time of so doing and now is an alderman in and for the City of Philadelphia and ex officer a Justice of the Peace duly commissioned and qualified to all whose acts are such full faith and credit are and ought to be given as well in Courts of the [illegible] thereout.

In Testimony whereof I have hereunto set my hand and affixed the Seal of the Said Court at Philadelphia he is this 3 Sept r[September] 1838.
Robert Morris
     ___________ Prothy [Prothonotary]


[Seal Affixed here]
Page 16

√ 210
Jemima Smith
Pennsylvania
Page 17

State of Pennsylvania}
City of Philadelphia}
                    On this Eleventh day of July A.D. 1838 personally appeared before the Honorable Archibald Randall Judge of the Court of Common Pleas, in and for the said County and State aforesaid, [begin underline] Jemima Smith [end underline] Resident of the City of Philadelphia. aged [begin underline] Sixty nine [end underline] years on the Fourteenth day of January last, who being first duly affirmed according to law doth on her solemn affirmation make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed July 7th 1838" Entitled an act for she half pay and pension of certain widows
                        That she is the widow of [begin underline] Major James Smith deceased, [end underline] who was a [begin underline] Major in the Pennsylvania Line [end underline] during the Revolutionary War, and served until the close of the war as will more fully appear by reference to his declaration and proof thereto annexed, filed in the war department when he obtained his pension, which he drew until the time of [begin underline] his death, which [end underline] took place on the [begin underline Fourteenth day of January, Eighteen hundred and Thirty five, [end underline] as will more fully appear by reference to the proof filed in the department at the time she drew his arrears of Pensions.  And further the declarant states that she was [begin underline] married to the said Major James Smith, on the Fifth of February, in the year Seventeen hundred and Eighty Seven, and has [end underline] remained his widow ever since the period of her husband's death the said Major James Smith as will more fully appear by reference to the proof
Page 18

hereto annexed, affirmed and Subscribed to in open Court on the day and year above written before me a Judge of the said Court.
Arch Randall
Judge Com Pleas                 Jemima Smith



Philadelphia Court S.S.
I, Robert Morris, prothonotary of the Court of Common Pleas of the city and county of Philadelphia, hereby certify that Archibald Randall, before whom the previous affidavit was made, was at the time & still an associate judge of the Law Court, duly commissioned & qualified.
Witness my hand & the seal of Law Court, this 11th Aug. 1838
Robert Morris
Prnthy [Prothonotary]

[Seal affixed here]
Page 19

State of Pennsylvania
City of Philadelphia
On this First day of August A.D. 1838.
personally appeared before me an Alderman and
Ex officio Justice of the Peace in and for the said
City Mary R. Smith a resident of the said City
who being duly affirmed according to law, doth
declare and say that she is personally acquainted
with Jemima Smith, widow of the late Major
James Smith who died in the month of January
Eighteen Hundred and Thirty five. And that the
said Jemima Smith has remained a widow
ever since the death of her husband the said Major James Smith
Affirmed and subscribed before me John Thompson
Aldn & Ex Officio J. P.
Mary R. Smith


I do Certify that the above named affirmant
Mary R Smith is a highly respectable lady
and that full credit should be given to her
Statement
John Thompson
Adn. & Ex Of. J.P.

Philadelphia [illegible] S.SI,I [illegible] [illegible]of the Court 
Common Pleas of Philadelphia County hereby that  John Thomson, before whom the foregoing
affirmation was made, was at the time & still is 
an Alderman & ex Officio a Justice of the 
Peace of the City of Philadelphia  only
Commissions &[illegible]
Witness my hand & the seal
said Court the 11th Aug 1838
[illegible Morris, Clerk
Page 20

1820 refers to children,

JAMES s.       ae    29
Elizabeth R.          25
Joseph R.              21
Mary R.                 16
Jemima R.             11
Hannah S.                8
Page 21

In reply to your request of ________, received ____
for a statement of the military history of James E. Smith a soldier of the REVOLUTINARY WAR, you will find below the desired information as contained in his (+ his widow's) application for pension on file in this Bureau.     M. File 3.727
____________________________________________________
[Column headings] DATES OF ENLISTMENT OR APPOINTMENT. I LENGTH OF SERVICE . I RANK. I OFFICERS UNDER WHOM SERVICE WAS RENDERED.  I STAFF.
[Secondary headings] CAPTAIN. I COLONEL.  I

Mch [March] 14, 1777 to Oct 27 1783.  I 2" Lieut & Capt & Lieut. I Thomas Proctor I 4 Continental Artillery
& Dec. 1, 1783 I √ I Bot. Capt. in the Army of the United States.

Battles engaged in Oct. 76 White Pl-Dec .76 Trenton- Jan.  77 Prince-Sept 77 Brandy- Oct 77 Germ- Aug 80 Gr. Springs-Oct 81 Yorktown. Hunts Bluff S.C., Aug 1, 1780
Residence of soldier at enlistment,  √
Date of application for pension, May 1, 1818.
Residence at date of application, Philadelphia, Pa.
Age at date of application,   59
Remarks:  He m. (copy record Christ Church, Phila, Pa.)   Feby. [February} 5, 1787 Jemima E. Russell
he died Jany [January] 14, 1835
& she was alld [allowed] pens. [pension] on her applic. [application] exec. [executed] July 11, 1838 while 69 yrs of age & a res [resident] of Phila,. Pa.
                                                                   over
Very Respectfully
In 1799 he add the initial "E" to distinguish him from other James Smiths in Phila.
             -----------------------
31793b5m1C-07         Commissioner.

Heit-pris Hancock's Bridge Mch. [March] 21. 1778 ex Dec. 1780
Page 22

Revy       WIDOW, &c.
                ________

File No.   3727
Jemima Smith
        Widow
James E. Smith
         Lieut. Rev. War
                  ________

Act: Feby, 2, 1848
Index:- Vol. M,    Page 218

[Arrangement of 1870]
Page 23

May 28 96.
said pensd
to Min Deslin
Pension Bureau

LWB
see P 36037
1910 Nov. 9.  Hist. to Mrs. D. S. Merritt and Mrs. C. O. Reilly
Page 24

Pennsylvania [illegible]
Jemima Smith
widow of James E. Smith dec'd [deceased]

who was a pensioner under the Act of 1818 & 1828
and who died in the year 1835
Philadelphia in the State of Pa. 
who was a Lt of Arty in the Company commanded
by Captain __________of the Regt. commanded by Col Proctor in the Pa line for 6 years
________________________________________________________________________________________________________
Inscribed on the Roll of Penna at the rate of $400 Dollars _____Cents per annum to commence on the 4th day of March 1836.
________________________________________________________________________________________________________
Certificate of Pension issued the 22 day of Oct 1838 and sent  J. J. Moore Philadelphia Pa
________________________________________________________________________________________________________Arrears to the 4th of Sept 1838                                 $1.000.00                                                                     
Semi*annual allowance ending 4 Mar '39,     200.00
                                                                     _________
                                                                     _________
                                                                    $1200.00
                                                                     __________
                                                                     __________

                                                          [Act July 7,}
                                                          {   1838.     }

Recorded by D. D. Addison Clerk
Book  A.  Vol. 20   Page 165
Page 25

                                                                                  996
Pennsylvania,                                                           Phila
__________________________________________________________________________________________________________________________
Jemima Smith,

widow of James E. Smith
who was a Lieut. of Artillery
in the Pa. line
for 6 years.
__________________________________________________________________________________________________________________________
Inscribed on the Roll at the rate of 400 Dollars _______ Cents per annum, to commence on the 4th day of March, 1843.
__________________________________________________________________________________________________________________________
Certificate of Pension issued the 19th day of July, 1848 and sent to J. S. Smith, Jr.
                             Phila.
__________________________________________________________________________________________________________________________
[Act of March 3, 1843.}
Recorded in Book A
Vol. 1  Page 136.

[Right side}  Rev July 79
Page 26

√
Jemima Smith
Pennsylvania
      ______
Act of July 1838
     _________
suspended
    _______
Per Let 29 Aug & 
1838 J. J. Moore
Page 27

1799 sol. added "E" to his name.

Heitman- captured at Hancock's Bridge
                 Mch. 21,1778-exch. Dec.4.1780
Page 28

No. 36559 warrant in favor of Jemima Smith, widow of James E. Smith {a Pensioner under the Act of May 15 1828] for pay from 3rd Sept. 1834 to 14 January 1835, to day of his decease-$146.66. J D.W.
Page 29

                                                           Nov. 9. 1910

Mrs. D. S. Merritt
19117- Spruce St
Phila. 
          Pa

         &
for Mrs. C. O Reilly
cy DW
Page 30

                                    Southwark Bank

Dear Sir
               About the 20th October last I forwarded to the pension Department at Washington the necessary papers to have Mrs. Jemima Smith widow of James E Smith an officer in the revolutionary war placed on the pension roll of this city.
               Not having any advice from the pension Department I fear my letter may have miscarried-  Will you do me the favor to inquire at the department whether such papers have been received and whether Mrs Smith has been placed on the pension list-  She had been on the pension list for some years past, and her pension for life was continued by Act of Congress of 2d Feb 1848-
An answer this John B. Austin Esq 
will greatly oblige your friend

[begin underline] James S. Smith [end underline] Jr.
Jan 5. 1849

To James Adams Esq. Cash
Bank of Washington
Page 31

THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED

For James Smith Gentleman in Greeting.  We, reposing special trust and confidence in your Patriotism , Valour, Conduct, and Fidelity. DO by those presents constitute and appoint you to be a Second Lieutenant of Artillery, ________________
_______ in the Army of the United States, to take rank as Such __________________ from the 14 day of March A.D. 1777.  You are therefore carefully and diligently to discharge the duty of a Second Lieutenant by doing and performing all manner of things thereunto belonging.  And we distinctly charge and require all Officers and Soldiers, under your command, to be obedient to your orders, as from time to time, as you shall receive from this or a future Congress of the United States, or Committee of Congress for that purpose appointed a Committee of the States 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 inforce until revoked by this, or a future Congress, the Committee of Congress before mentioned, or a Committee of the States.


[Stamp affixed beside above paragraph]

Entered in the War Office
and examined by the Bount
Attest
P.  Scull Secretary of War


Witness "his Excelly" [Excellency] John Jay Eighth  President of the Congress of the United States of America, at Philadelphia the 18 day of May A.D. 1779, and in the Third- year of our Independence. ____________
John Jay
Page 32

                 IN PURSUANCE

                   of an ACT of

                     CONGRESS
of the Thirtieth Day of SEPTEMBER
                     A.D. 1783





James Smith Esquire
is to Rank as a Captain ___________ by Brevet,
in the ARMY of the UNITED STATES
of AMERICA.

[Stamp affixed here.]         GIVEN under my Hand, at Annapolis the first Day of December 1783.
Thomas Mifflin

Entered in the War Office
Attest J.os. Carlton Secy [Seretary]
Page 33

J. J. Moore Esqr.
Page 34

Phila [Philadelphia] August 10th 1838

J. J. Moore Esqr.

Dear Sir

            This is to certify that Mrs. Mary Gray widow of Capt Wm Gray and Mrs. Jemima Smith widow of Major James smith are entitled to aid from the Pennsylvania Society of the Cincinnati as widows of officers of the Revolutionary Army and Members of the Society.  
Wm. Jackson
Secretary of the 
Penn a Society Cincinnati
Page 35

Philad [Philadelphia] Oct 21, 1848

Sir

I forward herewith the declaration of Mrs. Jemima Smith, widow of the late James E. Smith in order that she may obtain a continuance of her pension under the Act of Congress of 2 February 1848.
Please direct to No. 272 South Second Street
With much respect
Your Obt [Obedient] Svt [Servant]

[begin underline] James S. Smith [end underline] Jr







To the Commissioner of Pensions
Washington City
Page 36

Jemima Smith

$400 per an



J. S. Smith junr [junior]
Philadelphia
Page 37

Philad [Philadelphia]  April 4 1843

J. L. Edwards Esqr
Commissioner of Pensions
Washington City

Dear Sir

I forward herewith a Declaration made by Mrs. Jemima Smith of this City in order to obtain the benefits of the Act of Congress of 5 March 1843 granting Pensions to Certain Widows-  Mrs. Smith was a pensioner under the Act of Congress of July 7. 1838-

With much respect
Your Obt [Obedient] Svt [Servant]
[begin underline] James S. Smith [end underline] Jr
Page 38

Philad [Philadelphia] Sept 3rd 1838.

Sir

     Enclose you will find the further proof as required by the Department in the Case of Mrs Jemima Smith widow of the late Captain James Smith, a Breveted Major.
     Your early Report will confer a particular favor on the widow, as well as to Sir
            Very Respectfully
                  Your Obat [Obedient] Svt [Servant}
                    Joshua. J. Moore
    


J. L. Edwards. Esq.
Commissr [Commissioner] of Pensions
Page 39

Revolutionary Claims.
    __________________
     Under the act, entitled "An act for the relief of certain Officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.

                              TREASURY DEPARTMENT,
                                         4 Oct 1828

SIR:

I have the honor to inform you, that James E. Smith formerly a Lieutenant in the Artillery Regiment of the Pennsylvania line of the Continental Army ; and who has heretofore received a pension at the Penn (Philadelphia) agency, has been admitted to the benefits of the abovementioned act.
I have the honor to be, 
     Very respectfully,
          Your obedient servant,
Richard Rush

The Hon. the Secretary of War
No 113


Sep 18
Page 40

I HEREBY certify that the accompanying page's numbered from one to three are __________ truly copied from the original's in the Department of War.

James L. Edwards

BE IT REMEMBERED,  That James Lewis Edwards, who has signed the foregoing certificate is charged with the general superintendence of the Pension Business in the Department of War, and with the safe-keeping of the Rolls, Books, Papers, and Documents, on file in said Department, in relation to said business; and that to his attestations full faith and credit are and ought to be given.  In testimony whereof I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this 26th day of September in the year of our Lord one thousand eight hundred and twenty eight.

P. B. Porter, Secretary of War.

[Seal affixed to left of above]
Page 41

                 (copy)
THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED

For James Smith Gentleman, Greeting. We, reposing especial trust and confidence in your Patriotism, Valour, Conduct, and Fidelity. DO by these presents constitute and appoint you to be a Second Lieutenant of Artillery, 
 in the Army of the United States, to take rank as Such from the 14 day of March A.D. 1777. You are therefore carefully and diligently to discharge the duty of a Second Lieutenant 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 Second Lieutenant.  And you  are to observe and follow such orders and directions, from time to time, as you shall receive from this or a future Congress of the United States, or Committee of Congress for that purpose appointed a Committee of the States 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, the Committee of Congress before mentioned, or a Committee of the States.


Witness his Excellency
 John Jay
Page 42

2
        President of the Congress of the, United [seal] States of America at Philadelphia the 18th day of May A.D. 1779, and in the third year of our Independence
         (signed) John Jay
Entered in the War Office
add examined by the Board
Attest,
(signed) P. Scull
Secretary of the Board of War.
Page 43

            (copy)                                                      3
In Pursuance of an Act of 
Congress
of the Thirtieth Day of September A.D. 1783. James Smith Esquire is to rank as a Captain by Brevet, in the Army of the United States of America.
                   Given under my Hand at 
[seal]           Annapolis the first day
                    of December 1783.
             (signed) Thomas Mifflin

Entered in the War Office.
Attest
(Signed) Jos. Carleton
                 Secty.  [Secretary]
Page 44

Declaration
     In order to obtain the benefits of the Act of Congress of the 2d February 1848 entitled an Act making further provision for surviving Widows of the Soldiers of the Revolution.

State of Pennsylvania}
County of Philadelphia] ss
 
     On this 21 t day of October 1848 personally appeared before me Robert Gaw an alderman of the District of Southwark in the County of Philadelphia Jemima Smith a resident of the District of Southwark in the County of Philadelphia, aged Seventy nine years, who being first duly affirmed according to law, doth on her affirmation make the following declaration in order to obtain the benefits of the provision made by the Act of Congress passed on the 2d of February 1848 granting pensions to widows of persons who served during the Revolutionary War.
    That she is the widow of the late James  e Smith who was an officer in the War of the Revolution and that the annual amount of the pension which she received under the act of the 17 June 1844 was Four hundred dollars. She further declares that she is still a widow.  Affirmed to and subscribed on the day and year above written before me.     Jemima Smith
[begin underline]Robt Gaw alderman [end underline] [{PL} encircled in cursive embellishment]

State of Pennsylvania}
County of Philadelphia] ss

     I Robert Gaw a Magistrate in the County above named do hereby Certify that I have the most satisfactory evidence viz, my own personal knowledge that Jemima Smith who this day appeared before me and [{made a} crossed out] affirmed to the truth of the foregoing declaration is the identical person she represents herself to be.
     Given under my hand at Southwark in the County above named this 21t day of October 1848.  [begin underline]Robt Gaw alderman [end underline] [{PL} encircled in cursive embellishment]
Page 45

State of Pennsylvania
County of Philadelphia Js

     I, John Smith, Prothonotary of the Court of Common Pleas, in and for the County of Philadelphia, Do certify, that Robert Gaw, is a Magistrate in the Court above, named, and that the foregoing [illegible] Signature , purporting to be his, is genuine.
In Testimony Whereof, I have hereunto affixed my Seal of Office, and Subscribed my name, this Twenty first day of October Anna Domini, One Thousand Eight Hundred and Forty Eight.
S Richard [Illegible] 
                       for
                             John Smith
                                          Prothonotary
Page 46

DECLARATION,

In order to obtain the benefits of the Act of Congress of the 3d March, 1843, granting pensions for one year to certain widows who have received pensions under the act of July 7, 1838.

State of Pennsylvania}
City of Philadelphia} ss

On this third day of April 1843 personally appeared before the subscriber of the City of Philadelphia Jemima Smith a resident of District of Southwark in the county of Philadelphia aged on 14 Jany [January] last Seventy four years, who being first duly [{sworn} crossed out] affirmed, according to law, doth on her [{oath} crossed out] solemn affirmation make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 3d March, 1843, granting pensions to widows of persons who served during the Revolutionary war.  That she is the widow of James  E Smith who was a Lieutenant of the Artillery in the Pennsylvania Line, in the War of the Revolution and the annual amount of the pension which she received under the act of July 7, 1838, was Four hundred dollars.
     She further declares that she is still a widow.
Affirmed [{Sworn} crossed out] to and subscribed on the day and year above written before me William Milnor and Alderman of the City of Philadelphia.  Jemima Smith

State of Pennsylvania}
City & County of Philadelphia}ss
                                                      April 3, 1843
I, William Milnor a Magistrate in the county above named, do hereby certify, that I have the most satisfactory evidence, viz. my own personal knowledge, that Jemima Smith who this day appeared before me, and made [{oath} crossed out] affirmation to the truth of the foregoing declaration, is the identical person she represents herself to be.

Given under my hand at Philadelphia on the day and year above written.
William Milnor aldn [alderman]

I, Richard Palmer Junior Esq. Protoy [Prothonotary] or Clerk of the Court of Common Pleas of Philada [Philadelphia] county, certify that William Milnor Esquire is a magistrate as above, and that the foregoing signature, purporting to be his, is genuine.
         In testimony whereof, I have hereunto affixed my seal of office, and 
                                subscribed my name, this third day of April in the year 1843.
R Palmer Jr Prothonotary
Page 47

The Honorable the Secretary
for the department of War

     Sir

     I have the honor to return the papers, forwarded by the department , for Explanation, in June last, to the care of Judge Tilghman.
It unfortunately happened when the package was left at his house. the Judge was absent from the City which being laid aside was not observed by him untill Saturday last, which proved the cause of the delay in returning them, I hope the Explanation will prove Satisfactory.  I had in the first papers forwarded in March last, made the Explanation, when the forms were forwarded from the department and a Second wire forwarded it escaped, me.
                      I have the Honour to be 
                       with great respect Sir
                      [begin underline] James E Smith [end underline]

Phild [Philadelphia] 18 Aug 1818
Page 48

Act 1828
Settled at
Treasury
Conod with 
At on Wid [Widow]
File # 3727
Page 49

Revolutionary Claims
     ________________

          [ A. ]
Form of a Declaration to be made by the Officers
   For the purpose of obtaining the benefits of an act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved on the 15th of May, 1828, I, James E Smith of the City of Philadelphia, in the  county of Philadelphia, in the State of Pennsylvania, do hereby declare that I was an officer in the Continental Line of the Army of the Revolution, and served as such* from the 14 day of March 1777 until the 24th of October 1783.

at which period I was a Captain Lieutenant in the 4th regiment of the Artillery Pennsylvania line. 
And I also declare, that I afterwards received certificates 9cmmonly called commutation certificates0 for a sum equal of five years' full pay; which sum was offered by the resolve of Congress, of the 22d of March, 1783, instead of the half pay for life, to which I was entitled under the resolve of the 21st October , 1780.
And I do further declare, that I have received of the United States as a pensioner since the 3d of March, 1826, Three hundred and sixty dollars

     Witness my hand, this 26th day of September, in the year of our Lord one thousand eight hundred and twenty eight
____________________  James E Smith

Before me,  
R. S. Briscoe a Justice of the Peace in the county of Washington, in the {{State of} crossed out] District of Columbia, personally appeared, this day, R. M. Gallaudet and Charles G. Wilcox, of the said county who did severally make oath that James Smith by whom the foregoing declaration was subscribed, is generally reputed and believed to have been an officer in the Army of the Revolution, in manner as therein stated.
Witness my hand, this 26th day of Sept kl in the year 1828
R. S. Briscoe J. Peace
Note A, Certificate of being a Justice of the peace for the County  is filed in the office of the Sec of the hiay R. S. B.

[The following is struck out]
I, Clerk of the Court
the county of in the State of
do hereby certify, that
before whom
the foregoing affidavits were sworn, was, at the time, at and duly empowered to administer oaths.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the
[L. S.]      said Court, this
day of
Here insert. To the end of the war, or, (as the case may be,) to the time when the arrangement of the Army
provided by the resolves of Congress of the 3d and 21st of October, 1780, was carried into effect, and that I was
reduced under that arrangement.
Here insert, The sum of
dollars, paid to me by the agent for paying pensions in the State of
If the claimant has not been a pensioner, this part of the declaration
A Justice of the Peace, or other magistrate duly empowered to administer oaths, as the case may be.

[Written vertically on the left side of page]

The Letter S annexed to James Smith was introduced when it was found necessary in order to designate there being so many James Smith  going into business in the city of N York at the end of the war.
Page 50

                                                                  1085

No. of Original Payment = 668

       REVOLUTIONARY CLAIMS 
                    _____________
                    _____________

              TREASURY DEPARTMENT,
                                                27 Sept 1828.
James E Smith of Philadelphia in the County of ___________________ in the State of Pen a [Pennsylvania] has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved  on the 15th of May, 1828.  He states that he was an officer on the Continental line, and served as such to the end of the war,
at which period he was a Capt Lieut in the Artillery regiment of the Pena [Pennsylvania} line;  and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and further, that he has received as a pensioner since the 3d of March, 1826, the sum of three hundred sixty dollars, paid to him by the agent in the State of Pena (Philadelphia).
     The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.  By order of the Secretary F.A. Dickins

                TREASURY DEPARTMENT,
                                   Third Auditor's Office,   
                                    27.d September 1828

      It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to [begin underline] James Smith [end underline] Lt of Arty {Lieutenant of Artillery] in the Pennsylvania line, amounting to Two Thousand dollars.
     It further appears that [begin underline] James E. Smith [end underline]- Captain, is now on the pension list of the Pennsylvania (Phila) agency, and has been since the 3d March 1826. at the rate of Twenty Dollars per month.
For Peter Hagner Audt [Auditor}
J. Thompson
Chief Clk