Revolutionary War Pension and Bounty Land Warrant Application File W. 22,237, for Ezekiel Smith, New York
Page 1

(3 - 1776)
SERVICE
New York
Smith, Ezekiel
Elsa
NUMBER
W. 22.237
CONTENTS

b. July 21, 1751(4) in R.I. removed when young to North East, Dutchess Co., N.Y.
d. Mar. 1, 1821 in Newfield, Tompkins Co., N.Y.
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8668
New York
Elsa Smith, dec'd., widow of Ezekiel Smith
who was a Private in the Revolution
18 Mo. & 20 days
---
Inscribed on the Roll at the rate
of 62 Dollars 22 Cents per annum, to commence on the 4th day of March, 1843.
& end 7th Jany 1847, when she died
Certificate of Pension issued
the 15th day of Oct. 1849
and sent to
L. M. Drury
Canandaigua
New York
[Acts of March 3, 1843 & June 17, 1844.]
Recorded in Book A, Vol. 2, Page 85
Page 3

Surviving children
Ephraim Smith
Daniel Smith
Herman Smith
King Smith
George Smith
Rhoda Wickham

Reports

Letter to
C. Farnham Sep 9, 1852
Page 4

State of New York
County of Monroe } ss:
On the 1st day of November 1848 personally appeared in open Court Ephraim Smith of
the town of Ogden in said County, aged sixty four years who being first duly sworn according to law doth on his oath make
the following declaration in order to obtain the amount due to the heirs of Elsa Smith, widow
of Ezekiel Smith, deceased, under the act of
7th July 1838.
This Declarant states that he is the son of Ezekiel Smith who was a soldier in the war of the Revolution as this Declarant has heard his father say; that his said father was a native of the State of Rhode Island and that when quite young he removed to the State of New York, County of Dutchess and town of North East, that he was in the service of the United States in the Revolutionary war at various times --
That he entered the service in the early part of the war as this Declarant has heard his
said father say, and was at the battle of Bunker Hill. That the names of his officers in the
tour of duty in 1775 he does not know.  That some time after this period of service he enlisted into the New York Regular Line
in a company commanded by Capt
Page 5

Pellon in Dutchess County in said State, and served about nine months; that the name of his Colonel is not remembered.  That he
was in the battle of White Plains as he has heard his said father say - that after this term expired he again enlisted or was drafted into
a regiment commanded by Col. Willett and served in New York State about nine or ten months near the close of the Revolutionary
War in a company commanded by Capt Whelp.
This Declarant further states that his said father died on the first day of March 1821.  This Declarant further states that his father was married to Elsa King (this Declarant's mother)
on the tenth day of March in the year 1783 as appears by the annexed family record which
is the original record that belonged to this declarant's said father and has been in existence and has been familiar to this Declarant from his earliest recollection.  That it
was prepared by his said father and contains as this Declarant believes a true statement
of the time of his marriage and birth
of Children.
This Declarant further says that about twenty five since he took
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a transcript of said record containing the time of his parents' birth and the birth of their
children -- and that said transcript has been preserved by this Declarant and has been
used as his own family record, and that it contains the date of the births of this Declarant's own children also - that it was
made in his family Bible and that the entire leaf containing the above entries is hereto annexed.
This Declarant further states that his said mother died on the seventh day of January in the year Eighteen hundred and forty seven (1847) -  that after the death of her said husband she did not again intermarry.
This Declarant further says that his said parents left six children surviving whose names
are Ephraim, Daniel, Herman, King & George Smith & Rhoda Wickham - And further saith
not.
[signed] Ephraim Smith
Sworn & Subscribed
this 1st day of November 1848
before me
J. Cutler, Com'r of Deeds
Page 7

State of New York
County of Monroe } ss:
I John C. Nash, Clerk of said County do
hereby certify that at a term of the Supreme Court held on the 1st day of November 1848
it was duly proved by the Exhibition of testimony satisfactory to said Court that Ezekiel Smith died first March 1821. That his
widow Elsa Smith died on the seventh (7th) day of January Eighteen hundred and forty seven
(1847) - that the said Ezekiel & Elsa Smith left six children surviving them whose names
are Ephraim, Daniel, Herman, King & George Smith and Rhoda Wickham.
In testimony whereof
I have hereunto set my hand and affixed the official seal of said Court & County this First day of November 1848.
John C. Nash
Clerk
Page 8

Names ------------Birth--------Merges
______________________________________________
Ezekiel Smith- July 21, 1751 - March 10th, 1783
Elsa Smith -   April 10, 1760 - March 10th, 1783
Ephraim Smith - March 20, 1784
Daniel Smith  -  June 14, 1786
Herman Smith - Decem 14, 1788
Rhoda Smith -    Jan 4, 1791
Armea Smith  -   Jan 29, 1792
Achsah Smith  -  April 4, 1795
King Smith  -      April 13th, 1798
George Smith -  May 1, 1800
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FAMILY RECORD

BIRTHS.
Ezekiel Smith, born July 21, 1754
Elsa Smith, born April 10, 1760
___Father and Mother_______________________
Children:
Ephraim Smith, born March 20, 1784
Daniel Smith, born June 14, 1786
Herman, born Jan. 14, 1788
Rhoda, born Jan. 4, 1791
Anne, born Nov. 28, 1792
Achsah, born April 4, 1795
King, born April 13, 1798
George, born May 1, 1800
________________________
Phoebe Smith, born Aug. 12, 1782
________________________________
Children of Esmath Foster Smith
born September 11th, 1811
Tabytha, July the 24, 1816
Ely Smith, 11 of March 1822
George Smith July 30 1823
___________________________
Second Set
Filancy Smith, Febury 22, 1827
Ephraim [illegible] Smith Junior
March 8, 1831
Page 10

FAMILY RECORD
MARRIAGES

Ephraim Smith and Phebe Carney was Maried on
the 30th of July in the year 1809

Ephraim Smith and Liley Stevens was Married the
28 of July in the year 1827
Page 11

Payment to be made at Albany
by F. W. Olcott, Agent for paying pensioners,
in the Agency of New York
Recorded in the Pension
Office, in Book
Vol  Page by
J.F. Chase, Clerk
Page 12

DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 3rd March 1843 and 17th June 1844, Elsa Smith, deceased, late of New York, Widow of Ezekiel Smith who was a private in the Revolution and died on 1st March 1821 is inscribed in the roll of pensioners at the rate of $62.22 per an'm
Commencing on the 4th March 1843 and ending 7 Jany 1847 when she died.
The amount is due & payable to Ephraim Smith, Daniel Smith, Herman Smith, King Smith, George Smith, & Rhoda Wickham
only surviving children of the said Elsa Smith deceased.
Given at the Department of the Interior,
this 15th day of October, one thousand eight hundred and forty-nine.
Secretary of the Interior.

Examined and
Countersigned. }
Commissioner of Pensions
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WIDOW, &c.
File No. 22,237

Elsa Smith
Wid of Ezekiel Smith
Pri Rev. War
Act: March 3d/43, June 17th/44
Index: -- Vol. M, Page 224
[Arrangement of 1870.]
Page 14

July 2d, 1832
Rel: to case of Ezekiel Smith, Dec'd.

Kirby

R.C. Fainham
Water Port Orleans Co., N.Y.

Waterport N.Y. June 28

Commissioner of Pensions
Washington, D.C.
Page 15

W. 13740
Elsa Smith dec'd
N.Y. and Ezekiel
Hon C. B. Holmes
Dec 28,
Act 7 July 1838
Page 16

Wash. Dec 9. 1848
J.L. Edwards Esq

Dear Sir,

At the request of D.C. Mann Esq of Rochester, N.Y. I send you the enclosed Pension papers in
the case of the heirs of Elsa Smith-- 
Resp'y yours, 

E. B. Holmes
Page 17

Payment to be made at Albany
by F. W. Olcott, Agent for paying pensioners,
in the Agency of New York
Recorded in the Pension
Office, in Book
Vol Page by
J.F. Chase, Clerk
Page 18

DEPARTMENT OF THE INTERIOR.
Claim for Military Service.
I certify that, in conformity with the law of the United States, of the 3rd March 1843 and 17th June 1844, Elsa Smith, dec'd, late of New York, Widow of Ezekiel Smith who was a private in the Revolution and died on 1st March 1821 is inscribed in the roll of pensioners at the rate of $62.22 per annum Commencing on the 4th March 1836 and ending 4th March 1841.
The amount is due & payable to Ephraim Smith, Daniel Smith, Herman Smith, King Smith, George Smith, & Rhoda Wickham
only surviving children of the said Elsa Smith dec'd.
Given at the Department of the Interior,
this 15th day of October, one thousand eight hundred and forty-nine.
Secretary of the Interior.

Examined and
Countersigned. }
Commissioner of Pensions
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10746
New York.
=
Elsa Smith dec'd
Widow of Ezekiel Smith
who was a pensioner under the Act of ____
and who died on the 1st March 1821
of ______ in the State of New York
who was a Private in the Company
commanded by Captain Pelton of the
Reg't. commanded by Col. Willett in
the New York line for _____
Inscribed on the Roll of Albany N.Y.
at the rate of 62 Dollars 22 Cents per annum, to commence on the 4th day of March, 1836.

Certificate of Pension issued the 15th day of
October 1849 and sent to
M. Drury, Canandaigua N.Y
Total amount, $_____

[Act July 7, 1838.]
Recorded by J.F. Chase, Clerk
Book D, Vol. 1, Page 545
Page 20

Surviving Children

Ephraim Smith
Daniel Smith
Herman Smith
King Smith
George Smith
&
Rhonda Wickham
Page 21

Family Record
Page 22

Eph'm. Smith - Born Saturday
Daniel Smith - born Wednesday
Herman Smith - born Sunday
Rhoda Smith - born Monday
Anne Smith - born Wednesday
Achsah Smith - born Saturday
King Smith - born Thursday
George Smith - born Tuesday
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13740
Valentine Bradd
Affidavit

Elsa Smith, dec'd
wid. of Ezekiel
NY
Act 7 July 1838

Ezekiel Smith
admitted
Pr. 18 mo. 20 da /$62.22
com. 4 March 1836 to
4 March 1841, and
under act 3 March 1843
D. 17 June 1844 from 4
March 1843 to 7 Jany
1847, children, Ephraim,
Daniel, Herman, King
George Smith & Rhoda
Wickham.


L.M. Drury
Canandaigua
N. Y.
Page 24

Daniel L Smith being duly Sworn deposeth and
Saith that he is the son of Ezekiel Smith and that he, the said Ezekiel Smith, died in Tompkins County and Town of Newfield something like one hundred miles from where I lived but I have a record of his death which I took a short time after he died (I was there), which I believe to be correct, that states his death to be on the First day of March in the year 1821 & that my Mother died on the Seventh day of January 1847 about 7 or eight O'clock in the evening and that her grave was dug the 8th of January and was buried on the 10th. She died at my house. And further I know that my father made an effort to obtain a pension and got what he considered sufficient proof of his service and that after finding that the Law was such that he could not draw a 
pension and and possess property that
he then possessed, he seemed rather to dispense [with it] and what became of his papers I am not able to say.
I recall as well that that Father went away for the purpose of getting this evidence and when he returned he said he thought he had sufficient evidence of
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his service.
[signed] Daniel S Smith
Sworn and subscribed
before me this 15th
day of November in
the year 1848
Herman Treadwell Justice of the peace

State of New York
Delaware County Clerks Office ss:
I Wm McClaughey Clerk in and for said County do hereby certify that Herman Treadwell Esqr whose name is Subscribed above and before whom the annexed deposition purports to have been taken was at the time of taking such deposition a Justice of the peace in and for the County of Delaware aforesaid elected and Sworn and duly authorized by law to take the same and that his signature thereto is genuine.
In testimony whereof I have hereunto set
my hand and affixed the seal of the said
County this 27th day of November AD. 1848
Wm McClaughey Clerk

[written on margin: "Affidavit of Daniel Smith."]
Page 26

Ingraham Powers
Affidavit
Page 27

Samuel Remington being duly Sworn deposeth
& saith that he has been personally acquainted with Elsa Smith the Mother of Daniel S Smith and Ephraim Smith and that he dug her grave on the
eighth day of January in the year 1847 as nigh
as he can recollect.
[signed] Samuel Remington
Sworn & Subscribed
before me this 15th day of November 1848
Herman Treadwell Justice of the Peace
Page 28

Ingraham Powers being duly sworn deposeth and Saith that he preached the Funeral of Daniel S. Smith's mother on the Tenth day of January in the year 1847 by a reference to his Records.
[signed] Ingraham Powers, Pastor of Baptist Church of W. Meredith
Sworn and subscribed before
me this 16th day of November 
Herman Treadwell, Justice Peace
Page 29

Valentine Bradd being duly sworn deposeth and Saith he was acquainted with Ezekiel Smith in the Town of Newfield and County of Tompkins and that he saw him when he died and was at his funeral and that the statement made by Daniel S. Smith in regard to the time of his death on the 1st day of March in the year 1821 he fully believes to be correct, 
he recollects well the year but not the
precise day but says it was in the Spring of the year.
[signed] Valentine Bradd

Sworn & Subscribed
before me this 15th
day of November in the year 1848
Herman Treadwell Justice of the peace
Page 30

Waterport, Orleans Co. New York
June 28th 1852

Commissioner of Pensions, etc.

Dear Sir,
I wish to request of you concerning a Pension granted to the heirs of one Ezekiel Smith, a Revolutionary soldier.  I think the pension was drawn for the Widow of the above named Ezekiel, her name being Elsey Smith, by a
brother of the said Smith who is a
resident of Delaware County New York.
Some of the heirs of the said Ezekiel Smith, resident of this County have not
received any part of the money received
from the United States, and as the money
was not received until after the death
of the widdow of the said Ezekiel Smith,
they wish to know what amount was
drawn in order, if sufficient amount
was drawn, to take the proper steps to obtain
their just dues. The pension was drawn 
either in the year 1851 or 1857.  If you can
inform me the amount drawn, you will
confer quite a favor on the heirs resident in this County.
I am respectfully yours, etc.
H.C. [illegible]
Page 31

Canandaigua N.Y. Sept. 28. 1849

Sir:

The papers in the case of Elsa Smith dec'd,
widow of Ezekiel Smith, under act of 7th July
1838 have fallen into my hands.
I have your letter to Hon E.B. Holmes of December 28th 1848, together with a draft of the declaration made in the case.
It is alleged in the declaration that Smith served on a tour in the year 1775; that he served 9 months after this in the N.Y. Line in Capt Pelton's Co. and also for nine or ten months under Col. Willett.  
The certificates from the office of the Comptroller & Secretary of State of N.Y. are herewith presented in compliance with the requisition contained in your letter of the 28th Dec. 1848.
You will perceive that they sustain the allegations of the declaration in regard to the service of Ezekiel Smith.
No proof of the service in 1775, can be found
and you are doubtless aware, that neither the
Secretary or Comptroller's Office of N.Y. have any evidence of the service of the N.Y. Troops in 1775.
History however, as you are aware, shows that the Troops raised for that year were to serve
a term of 8 months-
Several affidavits
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are herewith presented, shewing that Ezekiel
Smith was reputed, in his neighborhood to
have been a revolutionary soldier, & also that
he asserted that he had served as such.
I am told that the affidavits on file, of
the son Daniel Smith, sets forth that his
father made efforts to obtain a pension
under act of 18th March 1818, but that he
relinquished his exertions upon learning
that his property excluded him from its benefits.
It is supposed, but not known that papers
are on file in the Pension Office - in support
of his claim under act of 18th March 1818.
As to the other requisition of your letter
to obtain the testimony of two or more witnesses who were in service with him to prove it, I would say that it is utterly out of the power of Claimants to furnish any such testimony, and it is unnecessary to say, that many claims have been allowed, without furnishing such proof.
In the regulations under the act of 7th June
1832, published about the time of the passage of that act, there occurs the following observations, to which I beg leave to call your attention - "To require from the applicant,
positive proof of service from a contemporary Survivor, would, after the lapse of so many years, be to deprive many of the benefit of the law" &c.&c.
If this observation was
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true in 1832, it has ten fold more force now, when there is scarcely a revolutionary soldier now living.
In respect to the proof of marriage, I would
request that your attention be given to an inspection of the records filed in support of it.
There is, I am told, the original family record
of Ezekiel Smith himself containing the date of
his marriage & birth of his children-
There is also the family record of the son Ephraim Smith containing a copy of his parents' record, and the dates of the births of his own family - sworn by him to have been made by him more than 20 years since - to have been regarded ever since as his family record in which he had placed the dates of the birth of his own children at the time that
they respectively occurred.
This testimony, it is respectfully submitted, is amply sufficient to establish the marriage
and the proof of the service is amply sufficient
establish that.
The case of Lois Patterson, widow of Wm.
Patterson & by Maketabel Lock, widow of Elisha Lock, may be referred to where family records of the children, were received as conclusive evidence of the marriage of the parents. 
Your attention is asked to a review of this case
to the end, that it may be allowed if the proof is deemed sufficient and if it is not deemed sufficient
Page 34

that it may be taken to the Secretary of
the Interior on an appeal.
I am very respectfully
Your Obt. Servt
L.M. Drury

J. L. Edwards, Esq.
Comr of Pensions
Washington D.C.
Page 35

State of New York 
Delaware County } ss:
Abigail Saterla being sworn says that she was acquainted with Ezekiel Smith, lived with him, has frequently heard him say that he was in the Revolutionary war; that she also lived with Ephraim Smith son of Ezekiel Smith
and that he, Ezekiel Smith, was reputed to be the father of Ephraim Smith, Daniel Smith, Herman Smith, George Smith, King Smith
and Rhoda Smith now the wife of Jeremiah Wickham.
[signed] Abigail Satterla

Subscribed and sworn before me on
this 19th day of June 1849

Seymour Cook Justice of the Peace
I certify that I am acquainted with Abigail
Satterla and that her statements may be relied on.
Seymour Cook Justice
Page 36

State of New York
Delaware County } ss:
Joseph Saterla being sworn says that he was acquainted with Ezekiel Smith; that he lived in the town of Meredith in the County of Delaware, State of New York, and that he has heard him say that he was in the battle at
Stannington and this deponent further says the the said Ezekiel Smith was generally reputed to be a revolutionary soldier; that he was the Father of Ephraim Smith, Daniel Smith, Herman Smith, George Smith, King Smith and Rhoda Wickham.
[signed] Joseph Saterla (X) his mark
Seymour Cook

Subscribed and sworn to before me this 19th of June 1849
Seymour Cook Justice of the Peace
in and for the County of Delaware

I certify that I am acquainted with this deponent and his testimony may be relied on.

Seymour Cook Justice
Page 37

State of New York
Delaware County Clerks Office } ss:
I, Wm McClaughey, Clerk in & for said County & Clerk of the Courts of said County do hereby certify that Seymour Cook Esqr. before whom the annexed deposition purports to have been taken was at the time of taking such deposition a Justice of the Peace in and for said County, Elected & sworn and duly authorized by law to take the same and
that his signature thereto is genuine.
In testimony whereof I have hereunto
set my hand and affixed the seal of
the said County this 12th day of September
A.D. 1849.
Wm McClaughey Clerk
Page 38

State of New York
Delaware County ⎬ ss:
Charlotte Stilson of the Town of
Meredith in said County & State being duly sworn deposes and says that she was acquainted with Ezekiel Smith & lived Neighbor to him for many years; has often heard him tell over things that transpired when he, Smith, was as he said, in the Revolutionary War; has heard him say at different times that he was in said War.  Said Smith was the reputed Father of Ephraim Smith, Daniel
Smith, Herman Smith, George Smith, King Smith and Rhoda Smith now the wife of Jeremiah Wickham.
[signed] Charlotte Stilson

Subscribed and sworn before
me this 20th day of June 1849
J. H. Graham Justice Peace

I certify that I am well acquainted with the
above deponent Charlotte Stilson and her statement may be relied upon.
J. H. Graham
Justice Peace
Page 39

State of New York
Delaware  County Clerks Office } ss:
I, Wm McClaughey, Clerk in & for said County & also Clerk of the Courts of said County do hereby certify that James H. Graham Esqr. before whom the annexed deposition purports to have been taken was at the time of taking such deposition a Justice of the Peace in & for said County aforesaid, elected and sworn and duly authorized by law to take the same, and that his signature thereto is genuine.

In testimony whereof I have hereunto set my hand and affixed the seal of said County this 12th day of September A.D. 1849
Wm McClaughey Clerk
Page 40

Eley Smith dec'd
Act of 7th July 1838.
Page 41

State of New York
Secretary's Office } ss:
Albany September 7, 1849
I hereby certify that it appears from the books of this office, that Ezek'l Smith, enlisted as private in Capt Pelton's Company, belonging to the 2nd Regiment of N.Y. Line, on the 5th May 1778, for nine months, that he served till the 7 Febr'y 1779, and was then discharged.
Arch'd Campbell
Dep. Sec. of State
Page 42

In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in
the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
1779 Nov 24 - Ezekiel Smith, Private
No of Cert issued 47.20 - 3.14.09
1781. Nov 30 - Ezekiel Smith Private
No. of Cert. issued, 4.432 - 17.19.01
1781 Dec 31 - Ezekiel Smith Private
No. of Cert. issued, 4.477 - 2/13/04
[total] £24.07.02

L.M. Drury

STATE OF NEW-YORK.
COMPTROLLER'S OFFICE, Albany, August 27 1849.
I hereby certify the above to be true extracts from Book No. 1, 2. 10---now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:

First - under Capt. Israel Vail in Col. Morris Graham Regiment
Second - under Capt. Ant'hy Welp in Col. Manning Willet Regiment
Third - under Capt. Ant'hy Welp in Col. Manning Willet Regiment

[Fourth through fifteenth are blank]

I have examined the rolls for the above, and
find £24.07.02 to be correct.
John Hancock.
Examining Clerk
W. Hunt
Comptroller