Revolutionary War Pension and Bounty Land Warrant Application File R. 9,793, for Elijah Smith, Maryland
Page 1

Service
Md.
Smith, Elijah Margaret
Number
P. 9793
Contents
Page 2

Certificate of Marriage 
Elijah Smith, 
and 
Margaret Preston 
8. Aug. 1783 
Claims under 
Acts 1826 & 1838. 
Chs. C. Tucker 
Atty. 
Present.
Page 3

A List of Marriages solemnized by John Newman 
between the 26th day of July 
1783 & the 28 day of January 1784 Viz 
Elijah Smith & Margaret Preston Augt 8th 1783 by Publication 

State of Virginia 
County of Henry ⎬ SS 
I Jeremiah Griggs Clerk of the County Court within and for 
the said County do hereby certify that the for the foregoing is a true copy 
from the Records of the said Court which is a Court of Record having 
general jurisdiction.
In testimony whereof I have hereto set my hand and 
affixed the seal of the said Court at office this 26th day of June 1854 
J Griggs ck
Page 4

No. 15.192.
Declaration of 
Levi Smith, Admr 
Claim of 
Elijah Smith, decd 
Ky. 
Act 1828. &
Margaret Smith, decd 
his widow. Act 1838. 
Afft Sylvester Adams 
Certif Court of Deaths 
and Administration 

C.C. Tucker, 
Atty.
17 July 54 }
Present.
Page 5

State of Kentucky 
Rockcastle County ⎬ SS 
On this twenty seventh 
day of February in the year one thousand eight hundred and fifty four (AD 1854) personally appeared 
in Open Court before the County Court in & 
for the County and State above named Levi
Smith who being duly sworn according to law made the following declaration That he is a Son of 
Margaret Smith deceased and is also the Administrator on her estate and his said Mother was 
the widow of Elijah Smith deceased who was a Soldier of the Maryland line in the war of the Revolution 
and as it is believed in the Regiment Commanded 
by Colonel John Gunby, that he enlisted 
for during the war and served untill 
its close having been honorably discharged 
during the month of November in the year 1783 
after having performed a service of upwards
of three years, for which service he is 
informed and believes that his Father the 
Said Elijah Smith received from the United States Soon after the close of the Revolution one 
hundred acres of bounty land, That 
the said Elijah Smith died at his residence 
in the County & State aforesaid on the fifteenth 
of September (AD 1831) in the year One thousand 
eight hundred & thirty one. That he has always 
understood that his said Father & Mother were married 
in Henry County State of Virginia There is 
no Bible or family record of their marriage 
within his knowledge nor has he as yet obtained 
an record evidence of their manage, but will endeavor to do so, and if he does obtain such 
evidence it will be filed herewith
Page 6

That his mothers name before said marriage, was 
Margaret Preston and that she remained a widow 
from the death of her said Husband untill 
her own death, which took place at Mount Vernon in the County and State aforesaid on 
(the 28th day of April AD 1843) the twenty eighth 
day of April in the year one thousand eight 
hundred and forty three, leaving the following 
named children all of whom are now living 
and are the only Surviving Children of the Said
Margaret Smith deceased Viz. Levi Smith, this declarent, Aquilla Smith Ann [Houtte?] late 
Ann Smith Tabitha Flory late Tabitha Smith 
& Elizabeth Walker late Elizabeth Smith 

He makes this declaration for the purpose 
of obtaining for himself and the other heirs 
above named the arrears of Pension to which their Father the said Elijah Smith was entitled 
under the Act of Congress passed 7th June 1832 and 
the arrears of Pension to which their mother the 
said Margaret Smith was entitled at her death 
under the provissions of the Act of Congress passed 
Levi Smith Admin
of the estate of Margaret 
Smith deceased
Page 7

State of Kentucky Rockcastle County  } Sct
January County Court 1853
Upon application of Levi Smith letters of Administration 
with the noncupative Will annexed 
granted to him on the Estate of Margarett
Smith Decd Who had the necessary oath adminstered 
to him and Executed Bond agreeably to 
Law with W. H. Kirtly & Wm McClure his Security 
A Copy 
all 
M J Miller Clk 

Kentucky Rockcastle County Court  } sct 
March Term 1854 
Satisfactory proof was this day made in open Court that Margarett Smith Widow of 
Elijah Smith Decd departed this life in the 
Town of Mt Vernon Rockcastle County 
Ky., on the 28th day of April 1843, and 
that the said Elijah Smith departed this 
life in the County aforesaid on the 15th 
day of September 1831, and that said Margarett 
Smith remained a widow untill her 
death aforesd, And afterwards (Towit) 
On the same day Levi Smith Son and Admr 
of Margarett Smith Decd filed in open Court & swore 
to a Declaration for a Pension to the Children 
and heirs of said Margaret & Elijah
Smith and it [?] that said Decedent Margarett
Smith left at her death the following Children only (Viz) Acquilla Smith Ann Hanks[?]
late Anne Smith Elizabeth Walker late Elizabeth Smith Tebetha Flory, late Tebetha 
Smith and Levi Smith the Admr aforesd
all of which is ordered to be certified to
Page 8

The Commissioner of Pensions

Kentucky Rockcastle County } sct
I Milton J. Miller Clerk of the County 
Court for said County certify that the 
foregoing Transcript on the [reverse] side of this paper is a true copy of the Record 
In my office.
In Testimony of which I have 
hereunto subscribed my name and 
affixed the seal of said County 
the 23d day of March 1854 
M J Miller Clk
Page 9

State of Kentucky 
Rockcastle County   } Sct 
On this eighteenth day of 
March AD 1854 Personally appeared before 
me the undersigned a Justice of the Peace 
for the County and State aforesaid Sylvester Adams a resident Citizen of said County and a credible witness 
who being duly Sworn by me according to 
Law made the following Statement on 
Oath towit, that he was well acquainted 
with Elijah Smith & his wife Margaret both 
now deceased, that he was intimately acquainted with 
the said Elijah Smith from the close 
of the War of the Revolution untill 
his death which took place in 1831. He knows 
that he was the same Elijah Smith who 
was reputed to have served in the Maryland 
line, he did not see him inlist but it 
was understood that he inlisted in Baltimore 
and when he came out of the service I understood
from him & it was reputed that 
he served untill peace was made
I do not know how long he served. He and Margaret Preston were married after the War in Henry County Virginia I did 
not see them married but I heard it and 
have no doubt of it; we moved to Ky
Shortly after the war and were mostly neighbors untill his death. I know that Margaret 
his wife remained a widow untill her death 
I am a pensioner myself & about ninety 
years of age I am not interest directly nor 
indirectly in this application Sworn to 
before me the date above Jesse Lear JP
Page 10

State of Kentucky Rockcastle County  } sct
I Milton J Miller Clerk of the 
County Court for said County certify 
that Jesse Lear whose genuine signature appears to the foregoing Certificate is 
and was at the time of signing 
the same an acting Justice of the 
Peace in and for said County duly Commissioned 
and sworn according to Law 
and that his official acts are entitled 
to full faith & credit 
In Testimony of which I have 
hereunto subscribed my name and 
affixed the seal of said County 
the 25th day of March 1854
M J Miller Clk
Page 11

Know all men by these presents that 
I Levi Smith of the County of 
Rockcastle & State of Kentucky Admr. 
of the estate of Margaret Smith decd 
Widow of Elijah Smith do hereby Constitute 
and appoint Charles C. Tucker 
of Washington City D.C. my true and lawful 
Attorney for me and in my name, to prosecute 
the claim for arrears of Pension 
due the above named Margaret Smith 
& her husband Elijah Smith at their 
deaths and to receive the Certificate 
that may be issued therefor which 
Certificates I wish made payable at 
Lewisville Kentucky hereby wishing and countermanding all former Powers 
of Attorney that may have been given 
for the above special purpose 
Witness my hand and Seal this 25th day of March 1854 
Levi Smith [handwritten] seal
Attest
[?] Moore 


State of Kentucky 
Rockcastle County  }
March 25 1854 
Personally appeared 
before me the above named Levi 
Smith and acknowledged the foregoing 
Power of Attorney by his [?]
to be his act & deed Given under 
my hand a Justice of the Peace in & 
for the County & State afsd
B R Bethurum j p RC
Page 12

REJECTED
9793
[P].0. Margaret Smith
Service: Md. of Elijah Smith
Enlisted: _, 18
Discharged: _, 18
Application filed: _, 18
Alleges:
Re-enlisted:
Attorney:
[P].O.
Recognized.
Contract.
Page 13

No 15.192 
Margaret Smith decd 
widow of Elijah 
Ky 

C.C. Tucker 20 July 1854. 
Let [?] Aug. 5, 1854 

9793

Act 7 July 1838 & 
15th May 1828
Page 14

Elijah Smith, decd 
Act 15 May 1828, 
and his widow, 
Margaret Smith, decd 
Act 7. July 1838 
Kentucky 

Original Claim 

Chas C. Tucker, 
Atty.

17. July 54. Present.
Page 15

No 4 
Affidavit of 
Col. Elisha Smith 

Claims of 
Elijah Smith, decd 
& 
Margaret Smith, decd 

Chs. C. Tucker 
Atty. 
Present
17 July 54.
Page 16

State of Kentucky Rockcastle County 
Be it known that on the 27 of 
June 1854 before J K. Bathusin
a Justice of the peace for the 
County of Rockcastle State of Kentucky 
Elisha Smith Atty At Law aged fifty three, and reliable resident citizen of the County 
afsd first sworn as required by law 
upon his oath made and subscribed 
to the following declaration 
That from ten years of age 
(perhaps 12) he has been well acquainted 
with Elijah Smith and wife Margaret 
(whose children are now applicants 
for a pension) to their death 
The said Elijah departed this life 
as he now believes in 1831 and 
his wife in 1843 in the County afsd. The 
wife remained a widow to her death. 
They lived in the said County, with 
the exception of one years removal 
to another part of the State. The 
Cairacter of said Smith was [? notoriously]
good, for piety and of all 
the qualities that purtain to a 
good Citizen. He knew their children, 
Levi the Administrator of his mother, 
Aquilla, Ann, now Ann Hanks, 
Tebitha, now Tebitha Flory, and
Page 17

one or two, or three others, names not recollected 
They lived together as man and wife.
& so recognized by the community.
He has no doubt of them being lawful 
man and wife. About 1824 he applied 
to said Smith to make application 
for a pension. He said no, that he 
did not want to be a begger on 
the Goverment, that so long as he was 
able to maintain himself he would
not apply. Some time before his death 
said Smith told him, that he was frail,
giting very old, his wife quite helpless 
and he was poor he should apply. 
He went off in serch of proof
He retd with a declaration from 
one of his comrades in the Army
perporting to have been sworn to before a Justice 
of the peace of Ohio, but [?] did to it
He proved three years or more 
in the service to the close of the War, 
in the Maryland line, the same said 
Smith told him (affiant) in 1824. He had 
no doubt said Smith told 
what was truth. He is no connection 
of said Smith or wife, or by marriage to his children; has no interest in 
the application either directly or indirectly.
Page 18

E. Smith
Sworn to and subscribed 
and I certify the witness 
is reliable and I further 
certify that I have no 
interest in the application 
this 27 of June 1854  }
B K Bethurum JP

I certify that the deponent E Smith 
above is respectable and credible & 
that I am not interested in the result 
of said claim nor in the prosecution 
of it B K Bethurum JP

State of Kentucky Rockcastle County }Sct 
I Milton J Miller Clerk of the County Court in said County certify that B K Bethurum whose genuine signature appears to the foregoing Certficate is and was at the time of signing 
the same an acting Justice of the peace 
in and for said County duly commissioned 
and sworn according to Law and that his 
official acts are entitled to full faith and Credit 
In Testimony of which I have hereunto 
Subscribed my name and affixed the 
Seal of said County the 10th day of Jul 1854 
M J Miller Clk
Page 19

No 2. 
Amendatory Declaration 
26. June 1854. 

Claims of 
Elijah Smith, decd 
& Margaret Smith, decd 

Reasons why they did 
not apply
Dates of Death, 
& other particulars. 

C.C. Tucker 
Atty 
Present
17. July 54
Page 20

Amendatory Declaration 
State of Kentucky 
Rockcastle County ⎬ SS
On this 26th day of June 
AD 1854 before the undersigned a Justice 
of the peace in and for the County 
afsd Personally appeared Levi Smith 
a resident of said County aged fifty nine 
years who being duly sworn according 
to law doth on his oath make the following 
declaration as amendatory of his declaration 
made in open Court on the 27th day of 
February last (1854) in order to obtain such 
amount as may be due himself and the other 
children of his late Father & mother as Pension 
for the services of his said Father Elijah Smith 
deceased who was a revolutionary soldier, that 
heir is a son and the Administrator of 
Margaret Smith deceased who was the widow 
of Elijah Smith who was a soldier in the 
Maryland line in the Revolutionary war; 
that he believes his Father was in the 
Regiment commanded by Col. John 
Gunby, enlisted for during the war, served 
more than three years, was honorably discharged 
in November 1783 and in 1790 received from the United States a land 
warrant for 100 acres which he disposed 
of without the knowledge or recollection 
of this deponent; that he has always 
believed his said Father was married
Page 21

to Margaret Preston in Henry County Virginia 
soon after the close of the Revolutionary war,
probably in seventeen hundred & eighty five;
and he is obtaining all the proof he 
possible can on that subject to be filed with 
the claim; that his Father the said Elijah 
Smith died in this County on the 15th day 
of September 1831, & his mother the 
said Margaret Smith died in this County 
on the 28th day of April 1843, as stated 
in his previous declaration before refered 
to: that his said Father never applied for 
a pension while living but was preparing 
to do so when he died; his mother never 
applied he supposes she never knew 
that she was entitled to it; and that he 
makes this declaration for the purpose of claiming 
(thru, his Attorney Charles C Tucker of 
Washington City) such pension as may 
be due under the Acts of 15th May 1828 
7th June 1832 7th July 1838 3d March 
1843, or any law under which his 
said Father & mother may be entitled; 
that his oldest sister daughter of the 
said Elijah & Margaret Smith is now
68 or 69 years of age (Tebitha Flourny late 
Tebitha Smith) For proof of the death 
of his said Father & Mother, the names of their Children and of his Administration he refers 
to papers heretofore sent to his said Attorney 
which will be filed with this 
Levi Smith 
Sworn to and subscribed the day 
& year aforesaid before me 
B K Bethurum
Page 22

I certify that the above Levi Smith is 
a respectable and credible person and 
that I am not interested in the result of 
said claim, nor its prosecution 
B K Bethurum JP

State of Kentucky 
Rockcastle County } Sct
I Milton J Miller Clerk of the County Court 
for said County certify that B.K. Bethurum
Whose genuine signature appears to the foregoing 
Certificate is and was at the time of signing 
the same an acting Justice of the peace in and 
for said County duly commissioned and sworn 
according to Law & that his official acts are 
entitled to full faith & credit 
In Testimony of which I have hereunto 
Subscribed my name and affixed 
the seal of said County the 10th day 
of July 1854 
M J Miller Clk
Page 23

Washington City 22. Sept. 1854
Hon. L. P. Waldo 
Commissioner of Pensions. 
Sir 
In the case of 
Elijah Smith, decd. of Kentucky, Act May 15, 1828, and of his 
Widow Margaret Smith decd., Act July 7. 1838, your letter 
of 5th ult. required "an autographic signature of the said 
"Elijah”, and I immediately wrote for it, and have the honor 
to enclose herewith a letter from J. A. Moore Esq. (the gentleman 
who sent me the claim) stating that the Administrator 
informed him that Elijah Smith could not write, and 
that the Administration Bond was executed under the 
Revised Statutes of Kentucky by which sureties are bound 
for whatever amount comes to hand. 
As to the definite information concerning 
the Land Warrant received in 1790, the Son has already stated 
that it was disposed of without his knowledge and recollection, 
meaning, it is presumed, that it was all the family history 
that could be given of it; which is reasonable to suppose 
from the fact that in 1790 when squatter Lands were so 
abundant, 100 acre warrant was of too small value 
to cause an account of its sale to be kept 
Very Respectfully, 
your Obt Servt 
Chas.C. Tucker
Page 24

Pension Office
August 5, 1854

Sir:

I have filed the additional testimony which accompanied your letter of the 31st inst in support of the claim of Elijah Smith
Page 25

Washington jCity, 31st July 1854.
Hon. L. P. Waldo
Commissioner of Pensions.
Sir, 
I have the hour to enclose herewith, additional evident in the claims of Elijah Smith, of Kentucky, under the Act of 15, May 1828, and Margaret Smith, his widow under the Act of 7 July 1838 and 43' being two certificates from the Land Office at Annapolis, MD. by which it appears that he served in the Maryland Line, 4th Regt from 22 April 1778 to 2nd April 1780, and from 1 Aug 1780 to 15 Nov 1783, and received the $80 Bounty; also a certificate from the General Lane Office showing he received in 1790, 100 acres of Land from the U. States as a Soldier in the Maryland Line, being Land Warrant No. 11,648.
On the 21st inst. (the day previous to the receipt of our letter of 20th inst.).  I sent you a Certificate 
of the Clerk of Henry County, Va. showing the marriage to have been 8th Aug. 1783. 
In the Original Declaration sent you on 17th inst. there is a certificate of Court showing the dates of the death of the soldier and widow, and the name of the Administrator and as the Administrator must have given security to satisfy the Laws of Kentucky, it is submitted whether the delay of sending out there to ascertain the amount of his Bond may not be dispensed with, especially as it has not been heretofore required. 
I have the honor to be Very Respectfully,
Your ob. Serv. 
Chas C Tucker
Attorney
Page 26

Certificate of Genl Land Office
Revolutionary Land Warrant
No 11648 issued to Elijah Smith in 1790 late in Soldier of Maryland Line.
25. July 1854
Claims of 
Elijah Smith 
Act 1828
and Margaret Smith
Act 1838 
C. C. Tucker Attorney 
Present 
31. July '54
Page 27

General Land Office 
July 15th 1854. 
Sir
You are informed in reply to your letter 
of the 22d instant, that it appears upon an examination 
of our “Revolutionary Bounty land records” 
that Warrant No. 11,648 [or 11,048], for 100 acres, issued to Elijah Smith, late a Soldier in the Maryland 
line, Feb 7th 1790, which has been satisfied 
by patent in the “U.S. Military District” [Towit?]
The letter from the Commr of Pensions is herewith returned.
Respectfully 
Your Obdt Sevt,
John Wilson
Commissioner 
Chas D. Tucker[?] [?]
Present.
Page 28

CHARLES C. TUCKER,
Attorney for Claimants,
and agent obtaining 
PENSIONS, BOUNTY LAND, ARREARS OF PAY, EXTRA PAY, PRIZE MONE, &c.. FOR MILITARY AND NAVAL SERVICE.
Revolutionary, Naval, Invalid and Half Pay Pensions obtained, also Bounty Land for services in all the wars in which the United States have been engaged, and for the services of Volunteers of the Texas Revolution of 1836.
Will attend to the prosecution and recovery of all Claims in law or equity, against the United States, before Congress or the Executive Departments, against Foreign Governments, before Boards and Commissioners, and to the settlement of accounts with the State, Treasury, War, Navy, Interior, and Post Office Departments, and obtain  the remission of fines, penalties, and forfeitures for alleged violations of the revenue, post office and other laws. 
Collections and legal business attended to with promptness throughout the United States and Canadas.  Points inaccessible to banks and brokers, reached and claims collected at reasonable rates. 
Land Warrants and Land Scrip bought and sold. 
General Claim and Pension Agency,
Washington D.C. 
July 21, 1854.
Hon. L. P. Waldo,
Commissioner of Pensions.
Sir:
On 17th. inst. I sent you certain papers in support of the claims of Elijah Smith, dec. of Ky. Act of 15 May 1828; and Margaret Smith dec. his Widow, Act of 7 June 1838, in which the Declarant stated that he knew of no public or private record of the Marriage. 
Since those papers were sent me, the claimants have ascertained that there was a Public Record in Henry County, Virginia, and I have just received from them the enclosed Certificate of the Clerk of said County Court, stating that Elijah Smith and Margaret Preston were married "Aug. 8, 1783, by Publication", which please have filed with the other papers.
Very Respectfully,
Your Ob. Serv.
Chas. L. Tucker
Page 29

Pension Office
20th July 1854.
Sir,
The Application of Margaret Smith dec. widow of Elijah of Kentucky has been received and filed under Act 7th July 1838.
I would inform you the evidence is insufficient to show that Elijah Smith served to the end of the Revolutionary War. 
There is no proof as to the date of the marriage of Elijah and Margaret.  The witnesses who testify to the date of their death must show by what events they able to fix them accurately.  The amount of the Administration Bond and the name and number of the surviving children have not been satisfactorily shown. 

C. C. Tucker Esq.
Present.
Page 30

Washington City, 17. July 1854.
Hon. L. P. Waldo
Commissioner of Pensions.
Sir:
I have the honor to enclose herewith, sundry papers, which establish the claims, (never before presented_ reasons assigned,) of 
Elijah Smith, deceased of Kentucky under Act of 15 May 1828, who died 15 September 1831.  and of Margaret Smith dec. his Widow under Act of 7 July 1838, who died 28. April 1843, leaving five children only one of who is Levi Smith, Administrator.  
The papers enclosed are-
No. 1- Declaration of Levi Smith, son and Adm. that his Father served over three years in Col. John Gunby's Regiment of the Maryland Line, to the close of the War, for which he received 100 acres of land from the U. States; that he died in 1831 and his mother in 1843, as above, and that there  is no public or private record of the their marriage to his knowledge, but he will send such proof on that subject he can obtain.  Also a certificate of Court of the dates of their dates, and the names of children and them administration of Levi Smith. Also the affidavit of Sylvester Adams, a Pensioner, who was very well acquainted with the soldier and widow from soon after the close of the Revolution till their deaths, and identifies his as a soldier of the Maryland Line.  Also a Power of Attorney from Levi Smith to me, to prosecute the claim.
No. 2- Amendatory Declaration, stating that his Father at first refused to apply for a Pension, but afterwards  concluded to do so,
Page 31

and was making preparation when he died; that his mother never applied because he supposes she never knew that she was entitled; that he believes his Father served in Col Gunsby's Regiment more than 3 years, was honorably discharged in November 1783, and in 1790 received a Land Warrant for 100 acres, which he disposed of without the knowledge of recollection of Deponent; that his Father and Mother were married soon after the Revolution about 1785; and that their eldest Daughter is now 68 or 69 years of age.
No 3- Affidavit of John A. Moore, Attorney at Law, who was well acquainted with the Solider and Widow since 1812, has often heard his Father and Elijah Smith dec. converse on their trials in the Revolution, gives particulars of Elijah's efforts before his death to apply for a Pension, that said Elijah obtained a Deposition of some man in Ohio as to his service 3 years under Col. Gunsby in the Maryland Line, which Deposition has been lost; that said Elijah and Margaret were beloved and respected members of the Baptist Church up to the day of their deaths.  This witness considers himself interested but his account looks like an honest story, that Justice certifies to his credibility and he himself says that what he has states is the truth; further most of his statement are corroborated by
No 4- The Affidavit of Col Elisha Smith Attorney at Law, who swears he is not connected with the family either by marriage or otherwise and is not interested in the claim. knew Smith and Wife many years, that in 1824 he refused to apply for a Pension, but shortly before his death he obtained the affidavit of a Comrade to 3 years service in the Maryland Line; gives other facts proving the identity, marriage, deaths, heirship, etc-
Page 32

The claimants have not been able to obtain Record proof of the Marriage, but the evidence herewith sent proves clearly that they lived together as Husband and Wife long before 1794 and that their eldest daughter is not 68 or 69 years old. 
It being well known that Col. Gunsby served in the Maryland Continental Line, you will probably find the name of claimant on the Rolls of your Office; and if the statement of the Son is correct as to his having received Bounty land from the U. States about the year 1790, the service must of course be proven in your office. 
The Soldier having died in 1831, after commencing his application (but little known of the rules in relation to Pensions, at that early day) the whole account appears to be honestly given and proven with as much precision as count be expected under the circumstances and I trust you will find the statements corroborated by the Records of your Office; and admit the claims.
I have the honor to be,
Very respectfully 
Your Obt. Serv.
Chas. L Tucker
Page 33

Elijah Smith
service from 
22 Apl 1778 
to
2 April 1780


C. C. Tucker
Atty Present

31 July '54
Page 34

Law off of (illegible)
July 29, 1854
I certify that it appears by the written roles receiving in this office that Elijah Smith enlisted as a private in the 4th Maryland Regiment on the 22nd April 1778, and was discharged on the 2nd April 1780.
In testimony whereof I hereto subscribed my name and affix the seal of the Land office of Maryland the day and year first above written.
(illegible signature)
Page 35

Elijah Smith
Service from
1 Aug 1780 to
15 Nov 1783-

C.C.Tucker
Atty
31 July 54'
Page 36

Law Office of Maryalnd 
July 29, 1884
I certify that it appears by a pay role, remaining in the office that Elijah Smith a private in the 4th Reg. Maryland Line received of John (illegible) agent of the Maryland Line $60.40 arrears of pay from 1st August 1780 to 1 January 1782 also $80.00 [ay from 1st January 1782 to Jan 1783. also $43.30 from 1st January 1783 to 15th November 1788.  Gratuity $80 In all $263.70
I testify whereof I hereto subscribe my name and affix the seal of the Law Office of Maryland the day and year above written.  
J. Avery 
Court of the (illegible)
Page 37

No. 3
Affidavit of John A. Moore
Claims of Elijah Smith dead
and 
Margaret Smith dead

C. C. Tucker 
Attorney
1st July 54 
Present
Page 38

State of Kentucky 
Rockcastle County 
On this 27th day of June AD 1854 personally appeared before me the undersigned a Justice of the Peace in and fore the County and State aforesaid a (illegible) Attorney at Law a citizen of Mt. Vernon County and State aforesaid and stated upon oath that he was well acquainted with Elijah Smith and his wife Margaret since the year 1812 that affiants  father William Moore was a solider of the Revolution of the Va. Continental Line that said William Moore moved from Va in 1809 and that shortly after say some 2 or 3 years.  Affiants Father and the said Elijah Smith became neighbors and in 1812 and during the War of that period he often heard his Father and the said Elijah Smith speak of the Revolutionary War and of their services in the same tho they did not know each other in the service.  And I have heard them at different times during their lives tattling over their trials and troubles in the Revolution. Affiant always understood from Smith that he belonged to the Maryland Line.  After affiant was grown up and the pension land of 1818 and 20 passed he told the said Elijah Smith that he ought to apply for the benefit the pension land.  Smith was stubborn independent kind of man in his disposition.  the poor he said he did not intend to call on government for any thing for his services as long as he could live with
Page 39

without it.  but many years afterward and shortly before he died the said Smith told affiant that he was getting feeble and frail and had a notion to apply for a pension and said he could prove his services by some one in Ohio who either served with him or otherwise knew of his service and he went to Ohio and returned with the deposition of some person sworn to before a Justice but the Clerk had failed to certify that the Justice was such, he showed the deposition to Col Smith Atty at Law of Mt Vernon who has given his statement accompanying this deposition prove his services to the extent he had always told me.  Upwards of 3 years services in the Maryland Line under Col. Gunty.  This deposition cannot now be found whether he left it with me or kept it I can not now recollect- my best recollection is that it was rather informal and badly written and that he left it with me and that I agreed to draw him an dorm and that he was to go back and have it done up right but he died shortly after. I have examined much for their document amongst my papers since this application of the administrator had been pending or commenced but can not find it.
I was well
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acquainted with the said Elijah Smith and his wife Margaret (Aunt Peggy as she was called) from 1812 up to their respective deaths (except about one year the lived in a different county from me.  They were members of the Baptist Church all the while up to their death, beloved and respected.  The Administrator Levi Smith is a respectable farmer honest and indentures with a large family, but poor as I think all the Children are.  From what I know my self of the Character of Elijah Smith and what I have heard him say about his services I have no double that he was a soldier of the Revolution.  as now claimed by his children My father who knew facts going to prove Smith's services, circumstantially died shortly after Smith I consider that I am interested in the result of the application for the pension aforesaid. Never the (illegible) what 2 have stated is the truth. 
A. Moose
Sworn to and subscribed before me the date above written 
B E. (illegible signature)
And I certify that the above named man is a credible person and a man of truth.
B. E. (illegible signature)
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State of Kentucky Rockworth County 
I Milton J Miller Clerk of the County Court foresaid county that B K Berthman whose genuine signature appears to the foregoing certificate is and was at the time of signing the same an acting Justice of the Peace in and for said county duly commissioned and sworn according to law and his official acts are entitled to full faith and credit.
In testimony of which I have hereunto subscribed my name and affixed the seal of said court this 10th day of July 1854.
M. J. Miller Clerk