Revolutionary War Pension and Bounty Land Warrant Application File S. 16252, for Nicholas Smith, New York
Page 1

(3 - 1776 )
SERVICE
New York
CONTENTS
Smith Nicholas
-
---
-
-
NUMBER
S. 16252
1000
bees
Page 2

Rep
to Welmon July 17'45
32.328.
New York, Albany
Nicholas Smith
Montgomery in the State of New York
who was a private in the Company commanded
by Captain Ogden of the Regt commanded
by Col Wamp in the New York
line for troops for 9 months
Inscribed on the Roll of Albany
at the rate of 30 Dollars - Cents per annum,
is commence on the 4th day of March, 1831.
Certificate of Pension issued the 13th day of May
1845
and sent to G. F. Yates
Present

Arrears to the 4th of
Semi-annual allowance ending
the soldier
receive
= =

Revolutionary Claim,
Recorded by F. S.
Act June 7, 1832. ⎬
Evans
Book E. 2. Vol. 4 Page 68.
Clerk,

This pensioner was a fraud the soldier was already receiving one under cy2479v
Page 3

No. 12045
Nicholas Smith
by. 5. 17
352
B
of
Adriel Ely
Watertown
X
Jefferson Co
the
Hon D. Wardwell
65
13.33
78.55
Page 4

No 12865
County
in the case of Nicholas Smith of Orleans
of Jefferson
in the State of New York
(Act 7th June, 1832.)
Was the declaration made before a Court or a Judge? Before a Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Seventy Seven years 77
4. State his service, as directed in the form annexed.
[table] Period / Duration of Service. / Rank. / Names of General and Field Officers under whom he served.
served as a drafted militiaman in
1777 / 1 [mo] / private /Col. Camp, Capt John Ogden
1778 in the boat house / 1 [mo] / " /Tunis Vischer
1779 same service / not stated / " /Tunis Vischer
1780 enlited at Albany / 4 [mo] / " /Major Worleys reg CaptJohn Lansing of
1781 enlisted / 9 [mo] / " /Major M Towles, adje Fonded
  
5. In what battles was he engaged?
not any
6. Where did he reside when he entered the service?
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls? Traditionary evidence

8. Are the papers defective as to form or authentication? and if so, in what respect?
No
I certify that the foregoing statement and the answers agree with the evidence in the case above
Chas G Wilcox Examining Clerk
Page 5

May 19 '48
Enquiry of heirs of
Nicholas Smith, decd
Act 1832.
on Roll
by
one
Washington
Wm J. Bottum
Red Creek,
New York

Hon J L Edwards
Washington DC
Page 6

Red Creek May 9th 1848
Nicholas Smith was a pensioner
of Jefferson County New York and Annel
on the 13th day of December 1845 as I am
informed. The arrears which became due
at his death from the time of his last
Sumi-annul payment in September has
never been collected
Wm Smith during his life time and
his children now claim he was not
pensioned high enough as he served
as an officer a part of the time I accordly
stated the case in full to you on the 25th
of Oct last forwarding power of search
from one of the children. asking for a
statement of Mr Smiths service as set
forth by him in his declaration which
would enable me to make search at the
Secretary Officers to prove the ballance of
his service
Most Respectfully
Wm J. Bottum
Page 7

Watertown Jeff. Co. N.Y.
Feby 5. 1841
Sir
Nicholas Smith was pensioned under the
act of 1832 $78.33. I believe I made
out his papers he has lived in this County
ever since & long before he was pensioned
and his regularly drew his pension up to
4 Sept last past & died in December last
having an arrears of Pension of about 3 months
some time last spring a young man reposing himself as agent of G. F. Yates Esq
called on the old man who was then a
men child and told him that Mr Yates
could get him back pay & he signed
some papers & some time in August last
Mr Yates called on the old man and
informed him that he succeeded in
his application and paid him $110
& did not tell him on what account or
the amount (so say the family) I have ascertained
that Nicholas Smith was inscribed on the
Rolls 14 May 1845 $30 per annum & the sum of
re was $420 Any last to James F Church Atty
Nicholas Smith. I do not know but
this is all right, but it look, singuler
, that the same individual should
have two certificate at the same time
Page 8

one dated March 5, 1834 the other
$30 pr annum-
What I wanted to know whether
the heirs of Nicholas Smith are entitled
to the [illegible] of his pension
both certificates [illegible] $30
4 March 1841 to December 1841
the time of his death & the other
4 Sept 1841 $78. to his death
Mr Yates nor his agent have never
delivered the $30 certificate
Respectfully
but
Adriel Ely


Col. J. L. Edward
Com of Pensions
Washington
Page 9

State of New York
Jefferson County
This may certify that at a Surrogates Court
held this 31st day of March 1846 at Water
town in the County and State aforesaid present
Nathaniel P. Wardwell Esq Surrogate
it was proved by the adduction of testimony
satisfactory to said Court that Nicholas
Smith late of the town of Lyme in the
County and State aforesaid deceased was a
Revolutionary Pensioner of the United States
at the rate of Seventy Eight dollars and thirty
three cents per annum by certificate dated 5
March 1834, which pension he continued to
[illegible] rightely to the 4th Sept. 1845, and it is further
certified that it has been proved to the satisfaction of said Court that another pension was procured
for the said Nicholas Smith by Pension
certificate bearing date 14 May 1845 at the
rate of thirty Dollars per annum and that
said pension was paid to the 4 March
1845 and that said certificate is with but
retained by a man of the name of Van Horne
residing somewhere in Montgomery County
and cannot be procured by the administration
of the Estate of said Nicholas Smith. It is
further certified that it has been satisfactrily proved to the said Court that the
aforesaid Nicholas Smith died in
the town of Lyme in the County of Jefferson
in the State of New York on the thirteenth
Page 10

day of December One thousand Eight hundred
and forty five leaving no widow and the
following named children to wit: Harmonius
Smith, Elias Smith, Robert Smith, Betsey Rouse
wife of Daniel C Rouse Rebecca Bruner wife
Robert Bruner Peggy Johnson wife of Charles
Johnson, all residing in the County of Jefferson
foresaid except Harmonius who made in St Lawrence County New York & Peggy who resides a Herkimer
County New York - I further certify
that
Robert Bruner of the town of Lyme in
the County and State aforesaid has been a
printed and is the administrator of the Estate
of the said Nicholas Smith deceased
In testimony whereof I have
hereunto set my hand and
affixed the seal of my
office of Watertown this
31st day of March 1826
Nathaniel Wardwell
Surrogate
Know all men by these presents, That I Robert
Bruner of
Lyme Jefferson County New York
Adminstrator of the Estate of Nicholas Smith
a Revolutionary Pensioner of the United States
deceased who died on the 13th day of
December 1845 do hereby constitute and
appoint R. M.S. Pease Albany my
true and lawful attorney for me and in
my name to receive from the agent
Page 11

 
of the United States for paying pensions in
the City of Albany State of New York the
arrears of the Pension 7$78.33 of the said
Nicholas Smith from the 4th day of September
1845 to the 13th day of December 1845 that being
the day of his death and also to receive the amount of the pension of the said Nicholas Smith of $30,
per annum from the 4th day of March 1845
to the 13th day of December 1845 the day of his death
Witness my hand and seal this 31 day
March 1846
N P Wardwell  Robert his x mark Bruner
Sealed and delivered [illegible]
Advil Ely

State of New York
Jefferson County Be it known, That on the 31st
day of March 1846 before the Subscriber Surrogate of
the County of Jefferson personally appeared Robert
Bruner above named and acknowledged the foregoing
power of Attorney to be his act and deed
In testimony whereof I have hereunto set my
hand the day and year last above mentioned
N Wardwell
Surrogate

-
STATE OF NEW-YORK.
ALBANY COUNTY,
Be it known, That on the
day of April
1846, before the subscriber, a county deeds
in and for said county, personally appeared H.M.S. Peace
the attorney named in the foregoing power of attorney, and made oath that the same was not given him by reason of any sale,
transfer, or mortgage of the pension, or arrears of pension therein authorised to be received by him.
Sworn and subscribed the day and year last above mentioned, before me,
Page 12

12.045
N.C
Admit Ely
Aget
[illegible]
decln N Y
4 mo fire
13 m 2 sergt
admd
4 mo pri
13 - Sergt
Page 13

STATE OF NEW YORK, ss.
Jefferson County,
On this 11
day of September
1832, personally appeared in open Court,
before the Judges of the Court of Common Pleas, in and for said County, now sitting, Nicholas
Smith
a resident of Orleans
in said County, aged 77 years,
who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain
the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein
stated. In 1777, and as a drafted Militiaman at the taking of Burgoyne
under Col Comp Capt John Ogden, Dont[?] recollect the name of his Lieut an ensign served one month [illegible] home. In the same year enlisted
3 months under Capt. Nicholas Van Vranken Lieut Carr
[illegible] at Albany & assisted in taking up prisoners
In 1778 enlisted in the Boat service for Nine months in the North river [illegible]
Tucus Visser Capt. Sergeant Adin was baid off about the 1 Jany
1779 received no discharge. In the spring of 1779 again enlisted in the
Boat [illegible] him under Tunis Vischer & was taken [illegible] company
spot under the command of Capt. Oden went to Fishkill landing was
there discharged after his time [illegible]  
In 1780 Enlisted at Albany under Capt. John Lawson Maj Hawkings
Regiment for four months went to Kingsbridge, back to Schoharie
lay in the middle fort at Schoharie, was at the Battle of Schoharie
first between the Americans and Tories indians arrived at Fort Plain in
pursuit of the Enemy the same day that Col. Brown was killed at stone
Arabia & then joined Col. Jellis Fonda's Regiment & followed the  British &
Indians, two days up the Mohawk return to [illegible] was then discharged & at the request of the Officers, Volunteered [illegible] to
Stone Arabia dug up the body of Col. Brown & Buried it with the honor of man.
In 1781 Enlisted under Capt House for Nine month, Sergent May William Sowles   adjutant Jellis Fonda Commanded
by Col. Willitt, send at fort plain on the Mohawk river  [illegible] in Schenectady  No regular discharge given to him
says he was in the battle at [illegible] between the americans & indians [illegible]
by Butler, the Indians were defeated,[illegible] when Butler was shot on the East Canada creek by a Mohawk Indian called "Saucy Nic" saw Butler after he was dead & scalped. was [illegible] in Schenectady in 1755. Since the revolution he resides in Saratoga county [illegible] in the town of Abans in the County of Jefferson N York. [illegible]
Page 14

He hereby relinquishes every claim whatever to a pension or annuity except the present; and declares
that his name is not on the Pension Roll of the Agency of any State.
Sworn to, and subscribed, the day and year aforesaid.
Nicholas his x mark Smith
Burchard Clerk
 
We, Charles Everitt
a Clergyman, residing in the Town of Obans
in said County, and Peter E Visger
residing in Brownville hereby certify,
that we are well acquainted with Nicholas Smith, 
who has subscribed and sworn to the
above declaration; that we believe him to be 77.
years of age; that he is reputed and believed
in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in
that opinion.
Sworn to, and subscribed, the day and year aforesaid.
P. Burchard Clerk

Charles Everts
Peter E Visger
---
And the said Court hereby declare their opinion, after the investigation of the matter, and after putting
the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that Charles G Everts who has signed the preceding certificate, is a Clergyman, resident in the town of Orleans
and that Peter E Visger who has also signed
the same, is a resident in Brownviille and is a credible person, and that their statement
is entitled to credit.
  
I. PELEG BURCHARD, Clerk of the Court of Common Pleas, do hereby certify,
the foregoing contains the original proceedings of the said Court in the matter of the application Nicholas Smith for a Pension.
In testimony whereof, I have hereunto set my hand and seal of the Court, this eleventh day
September 1832
P Burchard Clerk
Page 15

INVALID 16252
File No 16252
Nicholas Smith
Sergt Rev War
---
Act: June 7" 39
Index: - Vol. 1 Page 349
Arrangement of 1870.}
Page 16

June 8
1897 - History to
R. Brown
Water
town, N.Y
Page 17

 24795 New York
Nicholas Smith
Jefferson Co in the State of New York 
was a Pri & Sgt. in the Company commanded
Captain Lansing of the Regt
commanded 
Col Willett in the N York
line for 4 months private
13 months Sergeant
Inscribed on the Roll of New York
the rate of 78 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5 day of March 
1834
and sent to Hon D. Ward
well, A.R.
Arrears to the 4th of March 34 $234.99
Semiannl. allowance ending 4 Sep 34 3916
$274.15

Revolutionary Claim,
Act June 7, 1832. ⎬
Recorded by John Cromwell Clerk
Book E Vol. 4
Page 122
Page 18

Send this back to my room when the letters are copied. GMC

Letter to Adml Ely May 1st 1846.
do to Giles F.Yates same date
To each of the above 15th May '40

P Wetmon July 19 18
all letters in the claim
Page 19

New York
Revo
 
Nicholas Smith
Suspended
Let to Adriel Ely
Augt 23
all letters in the claim
and
Act 7 June 32
Page 20

N. York 34922
Nicholas Smith
let to P. Wetmore 2. Dec. 1839
to same 9. May 1840
Hon John Sandford Dec. 14, 1841
do to same Jany 28th 1842
M J Bovee April 1842
same May 7th 1842
all letters
in the claim

Act June 1832
Page 21

 
To Hon J. L. Edwards Comm of Pensions
Sir
I have empowered Wm J. Bottum
of Red Creek Wayne Co NY. to investigate an claim to arrears of pension due my father
Nicholas Smith who was a pensioner of the
United States at his death
Dated [illegible] Oct 24 1847
Robert Smith
Page 22

Nicholas Smith
1777 militia 1 mo 1dy
1778 Segt Fish 9 "
1780 [illegible] 3 8
1781 - Capt Willett 9 "

22 mo 9
Page 23

Nicholas Smith in his declaration, under the act of 7th
June 1832, alledges service as follows
In 1777- summer-- in campaign against Burgoyne - 0 mo & 31 days

fall under Capt Lansing & [illegible]
of the Rangers
-
1778. Capt. Tunis Fisher of the Batteaumen
9 "
1779. Enlisted in said Co of Fisher, but was
transferred to Wm Adair & Co. West point
9 "
---
1780 - Enlisted in the spring again under Capt.
Lansing, who was taken sick & other officers
commanded him
4
1781 Enlisted under Capt House Col. Willett
& served at Fort Plain, Johnstown &
9

alleged in all 36 mo & 1 dy
Page 24

 State of New York
Jefferson County Personally appeared before me
the undersigned a Justice of the Peace in and for
said County Nicholas Smith who being duly
sworn deposeth and saith, that by reason of
old age and the consequent loss of memory he
cannot swear positively as to the precise length of
his service, but according to the best of his recollection he served not less than the period mentioned selves and in the following grades
at Schenectady in the month of October 1777 I land
out to go to Stillwater against Burgoyne and was
Private in Capt. John Ogden's Company
Colonel
Weffs Regt N. York miliar and was in the battle of
Still water joined the army at half man at
march to Saratoga & retreated the still water when
we had a Battle and was under the command
of Gen Gates and performed service one month
when the company returned home and & was dis
missed-- I then enlisted for three months in
Capt. Nicholas Van Branken's Company, Lunt
Carr. Orderly Sergt Garret Clute, adjutant John
Lansing
then was three companies of dont
---
collect who was land - marched from Schenectady
to Albany & then kept garrison
was in played
in taking up prisoner & conducting them to
Hartford in Conneticut when they were put
on board of a ship and was discharged about
the first of March 1778 having served at least
three months. In 1778 in mediately after being dis
charged in the then months enlisted for
months in the Boat Service under Capt Tennis
-
Vischer & took a Lord & Provision
for the Army
from allay to work out - on arriving at a
kill I was taken out of the Boat service
Page 25

and placed as waiter to Col. Hay and Major Hay
of the Continental Army- who kept the commissary
Store & [illegible] provisions for the Army and had comd
of the Continental Horses-- I cooked for the
three months I was then ordered to Hays Quarters
West Point and then was detailed as waiter General
Duane who was wounded by a shot in the head
at the taking of Stoney Point and was under his
command seven weeks -- When Gel Duane
had recovered and I left him at New Windom
on the North River & by his direction joined the
company of Boatman & served in all the full
term of nine months & was dismissed
The next year served nine months wholly a boat
man in the spring of 1780 Enlisted for four months
Second Sergeant in Capt John Lansing's Company
Major Woolsey Commander-- Went on board
a sloop at Albany and repaired to Head Quarters
West Point and was ordered down the River to
Kingsferry (Not Kingsbridge) and then Landed & Struck
our tents-- after about three weeks was ordered to
Schoharie was in the battle at Schoharie Fort
burned the enemy after the battle to Stone Arabia
to Fort Herkimer some ways into the woods -my
period of enlistment expired as we reached the
River & I volunteered under the same officers &
fifteen days longer in the service making Four
months and fifteen days - again in the spirit
of 1781 about the first of March Enlisted for nine
months under Capt House, at Marinus Willets That
at Schenectady second Sergeant in said Company and
was stationed at Fort Plain & Fort House
above Eight Miles from Fort Plain on
the
Page 26

Mohawk and had command of that Fort
for three months of the time-- I had one comporal
and twelve men under me-- While at this
Fort We took a spy by the name of John
Ryckman & sent him to Col Willet who sent
him to Head Quarters at the expiration of
the nine months at the request of Col Willet
volunteer for further service and remained till
We were relieved by soldiers who assisted in the
of capture of Cornwallis and was there discharged
having served nine months and fifteen days
During this last nine months service was of the Battle of
Johnstown & when Butler was killed at Camden
and also in a Battle in Shara Woods
---
I claim a Pension for the following services reconsituated, as private in the year 1777 at the capture of Burgoyne - one month as Private in 1777 at Albany
three months
as second sergeant - 1780 at Schoharie Four & half months as [second]
" Sergent - 1781 "
Fort Plain nine & half with
making eighteen months served fourteen of which
was that of Sergeant. I think I ought to be
allowed for nine months, Enlisted a Boatman
but so for and the Militia Law as to have been
ordered into service & actually served Four Months
three weeks of the time or other than out
sum I leave it with the department to determine whether this nine month or any pay it shall
be allowed to me I lived in Schenectady during the
Revolutionary War - at West Point when we to it
Duane I saw Gen Washington I saw Gen Duanes
Regt Light infantry when they marched off in the afternoon
from West Point to take Stoney Point
I had a
written discharge & further saith not Nicholas  his x mark Smith
Sworn & Subscribed to this
day April 1833 before sun
Danl Lee Justice of the Peace
Page 27

State of New York
Jefferson County I Peleg Burchard Clerk of the said County do certify that
Daniel Lee before whom the within affidavit purports to have
been sworn was at the date of the same one of the Justices of
the Peace in and for the said County And that I am
acquainted with his handwriting and verily believe his name subscriribed to the said affidavit to be his proper hand writing and signature
Witness my hand and seal of office this 30th day of April 1833
Peleg Burchard Clerk
By David Finley Dept Clk
Page 28

34.922
Nicholas Smith
N.Y
Act 7 June 32
adm
9 mo Cast Vischer
$30
F. Yates Esq
Present
Page 29

In order to obtain the benefit of the act of Congress of the
7th of June in the year one thousand Eight hundred & thirty
two-

State of New York
Montgomery County ss
On this Eleventh day of March A.D. One thousand Eight
hundred and thirty nine personally appeared before the
General Sessions of the peace
Court of of the County of Montgomery aforesaid Nicholas Smith a resident of Stratford
in the County of Fulton and State of New York
aged Eighty two years who being first duly sworn
according to Law doth on his oath make the following
declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th
one thousand Eight hundred and thirty two. That he
entered the service of the United States under the following
named officers and served as herein stated
That the applicant Nicholas Smith resided in the town of
Clifton Park in the County of Saratoga in the 
year 1777. & that he was drafted into the Militia & Marched
to Saratoga under the command of Captain Ogden
& Colonel Wamp Both of Schenectada & remained there
till after the surrender of Burgoyne & that he was shortly
after discharged having served thirty one days being drafted
for only one month and the applicant further declares
that shortly after his return home in the fall of 1777-
he enlisted in the Army of the United States with
Captain John Lansing of Schenectady for four months; that said Captain Lansing was within about a month
Page 30

Superseded in commanded by Captain Nicholas Van Vranken
of Rosendolph or Miskinna with whom the applicant
remained & the service performed was ranging through the
country & taking up deserters from Burgoynes army and
Lodging them in Jail at Albany and after they were so
collected in marching them to Hartford in the State of
Connecticut; the applicant served his time out was
discharged towards spring; the applicant further declares
that he next enlisted in the month of April following
of
for nine months under Captain Tunis Vischer of Albany in
the batteau service on the Hudson or North river
& served his time out in boating on provisions, arms &
amunition to the army up the river to Saratoga &
different points along the river when he was discharged
the first of January 1779. and that in the spring following this applicant again Enlisted under the same Capt
in for nine months in the same service, but served
only a short time under Captain Vischer but by Draft
was transfered to west point under Captain William
Adier & served at West point about five months in
the same service, when he was sent to Fishkill town
& there served as a waiter Cook &c Under Colonel Willet
& Major Willet who had the care of the Continental
store at that place, the applicant remained here
until January when he was discharged making nine
months being the time for which applicant enlisted-
Page 31

the applicant further declares that he enlisted again in
the spring following being in the year 1780 under Captain Lansing who was shortly after the applicants enlistment
taken sick and the applicant never saw him the
applicant was shortly afterwards marched to Schoharie
under the command of Major Wolsey lay at what was
called the Middle fort until the British & Tories burnt Schoharie when the party & this Deponent followed there to near
fort Plain where they crossed the Mohawk river & went to Stone
Arabia & Deponent was near enough to hear the firing at the
battle of Stone Arabia at the time Colonel Brown was with
the applicant & others followed the enemy one days march beyond
Herkimer & there returned to Stone Arabia & applicant was
present when the boddy of Col. Brown was taken up &
Buried in the Honors of war was one of the number who
fired over his grave at this time Major Wolseys time having
Expired Gelles Fonday took command of applicant & others
& Marched us to Schenectada when applicant was discharged
having reserved four months being the time for which applicant
Enlisted. The said applicant further declares that the
following spring being the spring of 1781 that he again
enlisted & entered the service of the United States service for
nine months under the command of Captain House at
Fort Plain & Lieut Simon Vrooman & Lay at the fort
at that place for most of the time except when out
on scouting parties during that summer was in an
engagement in Sharon under Col Willett with the Indians
tories & was also in the Battle at Johnstown and after
Page 32

the battle was over pursued the enemy to east Canada creek
where Col. Butler was killed the applicant was discharged
at the Expiration of his time being nine month. This applicant
is not advised that any of his officers above named are alive
apt Major Woolsey who he has been informed lives some
where in the western Country of the soldiers who served
with the applicant he knows of none now living which
he can find but Thomas Mabb at who has made a departion at the request of applicant and get on Franken
who was an orderly Sergeant under Capt. John Lannes and
Capt. Nicholas VanVranken who now lives in
[illegible]
the County of Fulton & two or three others who are so aged & their memories so impaired that they recollect
but few circumstances in relation to the applicants
service the applicant further states that he has no
written or documentary evidence in his possession in
relation to his service that If there is any it is on file
at the war office. He hereby relinquishes every claim
whatsoever to a pension or an annuity except the present
he declares that his name is not on the pension roll
of any agency in any state or territory in the United State
or elsewhere

Nicholas  his x mark Smith

Sworn to & subscribed the day year aforesaid
in open Court
the 12th day of March 1839
A J Connie Clerk
Page 33

In the matter of
Nicholas Smith
Atty 
Agt
[illegible]
Page 34

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Nicholas Smith
which require
further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason
assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served:
V. Has he mentioned with precision the length of his service, and the different grades in which he
served, in language so definite as to enable the department to determine to what amout of pension
he is entitled? No
did [illegible] give a more detailed answer if he services in each tours
VI. Has he given the names of the officers under whom he served, in conformity with the regulations: None
of officers not legible
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of
June 7, 1832?
yes
VIII. Has the Court given their opinion?
yes
IX. Has the Clerk given his certificate?
yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished
from any other seal? yes
Page 35

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain
ing it? yes
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary
service?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one
living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who
administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under
his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age,
as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct?
yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered?
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how
long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being
duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he
cannot swear positively as to the precise length of his service, but according to the best of his recolelection
he served not less than the periods mentioned below, and in the following grades: Foryear
-- months and - days, I served as a
For months
and days, I served as a ; and for such service I claim a pension."
Page 36

It is important in all cases to determine with precision the period for which the applicant served,
and the particular rank he held, as the law directs the pension to be paid according to the grade of
the pensioner and the length of his service. The use of the phrase about three or four months is too
indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he
must prove his service by two credible witnesses, who are required to set forth in their affidavits
the time of the claimants entering the service, and the time and manner of his leaving the same, as well as
the regiment, company, and line to which be belonged. The magistrate who may administer
the oaths must certify to the credibility of the witnesses, and the official character and signature
of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not
written on the same sheet of paper which contains the affidavit, or other paper authenticated, the
certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.
Page 37

P. Wetmore
2. Dec. 1839
C
Page 38


War Department
Pension Office
Dec 2, 1839
Sirs
The papers of Nicholas Smith an applicant for
a pension under the act of June 1832 has been examined
and filed. The claimant should assign a sufficient reason
for therein delayed his application so long of he final
as alleged in his declaration for evidence thereof [illegible]
be here by application to the Comptroller of New
York. Bates Cook Esqr
P. Wetmore Esq
Spraker Basin
New York
Page 39

Comptrollers office
Albany February 11 '40

Sir 
I have [illegible] enclosed certification relative
to the Revolutionary services of Nichs Smith
I am very repectful
 Yr Obt Svt
Philip Phelps
Dep Coptr

P Wetmomre
Page 40

The Number & Amnt of certificates issued by the treasurer
of the State of the State of New York for Levies & Militia services
to whom given
1780 July 31 .17.8.98 Nicholas Smith priv 7 11 1
1780 Oct 23.17.961 [Nicholas Smith] Priv 7 7 6

State of New York
Comptrollers office
Albany Feb. 13. 1840 I hereby certify the above to be a
true extract from Book 4, now remaining in this office
& also that it appears from the same book that the said
Smith served the 1 & 2 terms above name under Capt
Isaac Bogert & that on the 30 Nov. 1780 Albert Pawling was
Col. Commdt
for
34
Bates Cook Comp
Albany Oct 8, 1784
please to day Compton or his order the pay due me for the
year one thousand seven hundred & Eighty one for my services as a
corporal in Col Marinus Willett Regt of New York State
heirs for value rend of him, his receipt shall be a
discharge for the same
Nicholas his x mark Smith

Witness Samuel Brayton to the person
appeared for the present of the aforesaid Agt.
and on Back of Above)
and New York 18 Oct. 1784 of Col Manus Willett the sum of twenty four
bounds three shillings on the within order
24.3.0 -
Empton
for Edw Compton, Martin Burke
by her Ally Feb 14. 1844 I hereby certify the and to be a
us 34
part of the copy of a paper on file in this court
Page 41

Copy Letter
of
Bates Cook & my
Letter to pension office
&
copy certificates of
Comptroller
Nicholas Smith
Boonville
Chs Johnson
[illegible]
past officer Brochert
Bridge
Fulton

P Wetmore
Canajoharie NY
Page 42

Canajoharie Village N.Y. Feb. 17, 1840
Hon. Geo. W. Trump actory
Commissioner of Pensions

Sir enclosed I send you the comptrollers certificate of some of Nicholas Smiths Revolutionary services. 
I see no good reason why Mr. Smith should set
forth a reason for having delayed his application to
the present time, but there are several weighty reasons
the informs me that he applied to a Lawyer who
lived in Jefferson or Lewis County in this state. Shortly after the paying of the act, giving him a right to a pension
& that his declaration
was made shortly afterwards & sent to
Washington as he was informed but that before any [illegible] was retained the lawyer got a large amount of money in his hands & went away to the west
 
Mr Smith lives near 40 miles north of this village
in the woods he is lame exceeding poor so much so that all of this expenses of his application this far has been raised by donations he has been out 3 times on foot to attend to his business & 
 this winter in account of his lameness I [illegible] cannot come out I wrote to him [illegible an affidavit but there is no post office within reach of him & he has [illegible] If his lawyer sent on papers as he represents they can be found at Washington if I can get his affidavit, or that of some other person
I am respectfully your obt svt
P Wetmore
Page 43

9 May 1840
Page 44


Pension Office
9 May 1840

Sir
 the certificate of the Comptroller of New York
showing payments made to a private in the New York
Levies of the name of Nicholas Smith is unavailable
as evidence in support of the claim of Nicholas Smith
under the act of June 7, 1832. He has not in his
declaration asserted any service of that description
in his application to the Comptroller
he should call for evidence of his services under the
officers under whom he served and the certificate
should embrace evidence of such service only 
There were a number of soldiers of that name in the militia State troops and in line
If he has any person to assigns for his delay in
applying for a pension they must be made under oath
P Wetmore Esqr
Canajoharie
N. Y.
Page 45

Hon John Sanford
Dec 14 41
OC
Page 46

153
Pen off
Dec 14, 41
Sir
I have the honor to inform you that the claim of Nicholas
Smith has been again examined
with the benefit of the depositions of
claimant & Charles Johnson which I
may be remarked are not authenticated as the rules require
they are unavailing to remove the
principal objection-
He gave
a narrative of his services in
his declaration and subsequently presented the certificate of the Comptroller shewing
that Nicholas Smith was credited with
certain terms of service which did not correspond
with those set forth in his declaration
He also refered to one of his officers
& several of his comrades whose evidence has not as yet been adduced
Hon. John Sanford
HR
Page 47

Jan 12 1842
NY
N Smith

JL Edwards
Pension Comm
Washington DC

Hon J Sanford
HR
Page 48

House of Representatives Jan y 12 1842

Sir
Enclosed is a letter from P Wetmore in reference to the evidence in support of the claim of Nicholas Smith

[illegible] to his circumstances

Respectfully
J Sanford
Page 49


Pen off
Jany 20, 42
Sir
I have the honor to return
you the letter of Mr Wetmore & in reply
to inform you that the depositions
of Nicholas Smith & Charles Johnson in
the case of Nicholas Smith forwarded
by you to this office on 12 [illegible] are
duly authenticated by the Clerk under
his official seal which was overlooked
 when my letter of 14 all was addressed
to you-- they are however unavailing
as stated in said letter
Hon J. Sanford
HR
Page 50

Apl 22 1842

[stamp] AMSTERDAM NY APR 46

NY
Nicholas Smith

JL Edwards
Commsr of Pensions
Washington D.C
Page 51

[illegible] April 18. 1842
Sir
I spent last Saturday in Congeharie
and while there was employed to examine the
case of Nicholas Smith under the act of June 1832
from this County I examined some letters you
had sent Mr Wetmore the Agent of Mr Smith
and among your letters I found one
Addressed
to the Hon. J. Sanford dated December 11, 1841
which he is now before me in which you state-
He gave a recitation of his service in
his declaration
and subsequently presented the certificate of the Comptroller showing that Nicholas Smith was credited with
certain term of service which did correspond with
those set forth in his declaration, as I understand the Rules of the War department Mr Smiths
case is made out by your own showing I cannot
discover a doubt in the case-- you will be pleased
to forward me a certificate for the committee
made out by the certificate of Comptroller & other testimony
Smith as he has seen more than 3 years
I am yours respectfully
Hon J. L. Edwards
Matthias J Bovee
Page 52

M J Bovee

April 27th 1842
Page 53

Pen off
apr 29th '42

Sir

In the case of Anthony &
Harmanus Ehle you are referred to my
letters to you within the last 5 or 6 years
their cases can not be examined again
without some supplemental statements
from the claimants themselves under
oath duly sustained by evidence-
If my letter to Mr Sanford of 14 Dec last
in the case of Nicholas Smith is
correctly quoted by you there is an
error in saying that the terms of service set forth in the declaration or
corresponded with these credited to the name of
Nicholas Smith on the Comptrs book
It should have been "did not correspond

M. J. Bovee E
Amy Widow
N. Y.
Page 54

Free

[stamp] AMSTERDAM NY May 1

May 4 1842 NY

Hon J. L. Edwards
Commr of Pensions
Washington D.C
Page 55


Amsterdam April 30. 1842
Sir
In reply to yours of the 27th [illegible] in the
case of Nicholas Smith I would say that you
cannot see by examining the Copy of the letter
you forwarded to the Hon John Sanford weather
I am correct - I can see no reason why
Nicholas Smiths certificate should not be issued
at once - If you have objections to his claim I wish
to be advised of such objections so that I may be able
to remove them - If your letter to Mr Sanford is
correct then the case is settled
I am respectfully
Matthias J. Bovee
in J.L. Edwards
Page 56

W J Bovee
May 7th 1842
Page 57

Pen off
May 7th 42

Sir
In answer to yours of [illegible]
in the case of Benajah Miles I beg leave
to remark that it is irregular to receive
a narrative of a claimants service thro
his atto. the claim for service i  in Nixons or any other Regt
of the Mass Line has been disallowed
for reasons heretofore assigned in my
correspondence with Hon J. Sanford
In yours of 30 ult you say that you
and not see why the certificate of Nicholas
Smith did not issue altho my letter then
before you shewed the reason by that
there was no proof of service the terms
credited to that name in the comptrs certified
did not correspond with his terms of service
as set forth by himself & consequently
could not refer to him
M. J. Bovee Esqr
Amsterdam NY
Page 58

Adriel Ely
7 Augt 33
Page 59

War Department
Pension Off
July 1833

Sir

The claim of Nicholas Smith has been examined - They alleged service in transport boats is not provided for and the military service should be proved - It cannot be admitted that 9 mo continuous service under Col Willet is insusceptible of proof by a claim ad still residing in al upon the border of New York, and the regulations required the best evidence in the power of the applicant to produce
His claim is suspended & his papers filed in this office

Act 7 June

Adrial Ely Esq
Watertown
Page 60

Madison County ss Jellis A. Fonda of the town of Suttin
in the County of Madison being duly sworn saith
that Nicholas Smith now residing in Orleans Jefferson
County in the State of New York as this Deponent has
been informed & believes was a private soldier & there
Deponent thereby had a Sergeants warrant & acted as
such in a company commanded by Jacob Lansing
in the Regiment commanded at that time by
Col Morris Graham & served in said Company into
year one seven hundred & eighty in different
places two of which this Deponent distinctly recollects at West point & Stone Arabia in the  County of Tryon in this State; This Deponent
was adjutant of the Regiment. Afterward
said Smith on the expiration of his previous
time of service reenlisted in a company commanded
by Capt. Gross in the Regiment of Col. Marinus Willett
in which said Smith served nine months & this
Deponent believes acted under a sergeants warrant
during the whole of said time. This deponent
having been transferred to said Regiment & being
adjutant thereof

Tilles A Fonda
Sworn before me this 16th day
September 1833
J. B Yates First Judge of
Madison County Court


I certify that I am well acquainted with the Deponent
Jellis A. Fonda Esqr That he is a credible witness on whose
statements full reliance may be placed
J B Yates [illegible]
Page 61

Nvm 1 47
Power of Attorney
Nicholas Smith

Hon J.L. Edwards
Washington DC

Free
Page 62

Red Creek N.Y. Oct 25th 1847
Sir

Nicholas Smith died a
Revolutionary pensioner of the United States
late of Clayton Jefferson County New York
died on the 13th day of December
1845. The arrears which become due at
his death have not been drawn
Mr Smith always felt
dissatisfied with the amount of his
pension as he claimed long service in
the war of the Revolution the proof
of which was not satisfactory to the
department and he was pensioned 
at only sixty Eight Dollars per ann
it is now thought that satisfactory
proof can be produced
A coppy of that part of his
declaration setting forth his service
and a state of what terms of his
service were allowed is respectfully
requested to aid in the investigation
Very respectfully beg
Wm J. Botham
Page 63

Pen Off
May 1st '46

Sir
A letter this day recd from
Adriel Ely Esq of Watertown Jefferson
County renders it necessary that
I should submit to you the
following statement-
Nicholas Smith of Orleans Jefferson Co made
a declaration in that County on 11 Sept
32 Claiming service in 1777 under Capt John
Ogden Col Camp same year under Capt
Van Vranken - in 78 in the boat Service
under Capt Vischer - in so under Capt
John Lansing - & in 81 under Capt House
Col. Willett was in the battle of Johnstown
at E. Canada Creek when Butler was
shot by "Sancy Nic"
His claim was allowed for 78.33 pr anm
on March 34 & certificate sent to his repr
Hon D. Wardwell
Nicholas Smith of Montgomery Co. made
declaration in 11 March 1839 in which
he claimed to have served under Capt Ogden
Page 64

same year under Capt Lansing in 78
under Vischer of the Batteaux men - in 79 same
officer but transfered to Col Willett as his
waiter -in 80 under Capt Lansing
& in 81 under Capt House Col Willett when
Butler was killed at Canada Creek
On the 27 Oct 41 he made a supplement
in Montgomery Co. and hailed from
Boonvill Lewis  Co in which he de[illegible]
the reasons why his claim had not
been sooner asserted this claim was
presented by P. Wetmore Esq. & subsequently sustained by M. J. Bovee Esqr from
fall of 39 to May 42 - but was accompanied by the deposition of David VanDerhayden
 of Senectada dated 19
Sept 38 drawn up in your hand
writing you for evidence for
the Compt office in May 1845 and
received a certificate in his behalf
for 30$ 
The letter of M Ely above refered to sta[illegible] that Nicholas Smith of Jefferson has been regularly drawing his pension of 

The letter of Mr. Ely above refered to stay
that Nicholas Smith of Jefferson had be
regularly drawing his pension of
Page 65

pr anm and having died in Dec last he
is informed by the family that some time
last spring the pensioner was called upon by an
Agent of yours who informed him that
you "could get him back pay and
obtained his signature to some papers"
& sometime in Aug Mr Yates called on the
old man and informed him that he
succeeded in his application & paid
him 110$ but did not tell him on
what account The pensioner refered 
to in Jefferson County had been pensioned
from 1834 and the certificate of pension
delivered to you in May 1845 was an original
& he in favor of an applicant from
Montgomery of Lewis County and it
appears that its proceeds in part were paid
to the Jefferson Co. man who at that
time was drawing a much higher
pension under the same act upon
another certificate
this facts are communicated
to you for the purpose of obtain
Page 66

all the information you profess or may collect which shall clear up the mystery

Giles F Yates
May 1st 1846

Giles F Yates Esq
Albany NY
Page 67

Pen off
May 1st 46

Sir
In reply to yours of 5
Feby in relation to the case of
Nicholas Smith died of Jefferson
Co. I would inform you that a
declaration was made by Nicholas
Smith of Montgomery County
 in March 39 in which he
set forth the very service embraced
by the declaration of Nicholas Smith
made in Jefferson Co in 1832, and for which
he had been drawing a
pension since 1834 - In May 45
Mr Yates filed evidence from the Comptrollers Office which was applied to the
application of Nicholas Smith of Montgomery & then pending upon which a
pension for 30$ pr anm and was allowed
the certificate delivered to Mr Yates the
facts communicated by you have
for the first time brought the papers
made out in Jefferson Co in 1832 &
Page 68

those made out in Montgomery in 1839
the whole affair is involved in mystery unless the Jefferson County Pensioner
became a party to an application
in a distant county to obtain and
the pension under the same act
The above statement may enable
you to obtain further facts towards
ascertaining the true character of these
transactions which you will be please
to communicate

Adriel Ely Esq
May 1st 1846
Watertown
NY
Page 69

P Wetmore
July 17 '45
Page 70

Pension office
July 17. 1845
Sir
In reply to your letter of the 12th
wit I have to inform you that a pension
Certificate was issued for Nicholas Smith
on the 13th of May last, at the rate of $30
per annum, which was handed to Mr
Giles F. Yates, who was then in this City.
P Wetmore, Esq
Canajoharie
N. York
Page 71


Watertown N. York
Oct. 1877
Sir
I send you
herewith the affidavit
of Col. Fonda in behalf of Nicholas Smith
Col. Fonda is any day from the third
Willis Regt 9½ Mo. his
having proved thus much conformed to all
the regulation respecting traditionary evidence
It is to be hoped a Pension will be allowed
Mr Smith without further delay, or requiring
proof for service in the
to be sent
Adriel Ely

Hon. J. L. Edwards-

the official character of Judge at his
been so frequently certified to in the claim now
in you office that the Clerk certificate
[illegible]
Page 72

 State of New York
Montgomery County
Town of Minden
Nicholas Smith of Boonvill in
the County of Lewis an applicant for a
pension under the Act passed June 7, 1832 being sworn says that
when the same was made the applicant resided
in Root in the County of Montgomery. This
Deponent further saith that the reason that the
delay applying for a pension so long
in the first place was that applicant lived
more there a hundred miles from Naskinna in
the County of Shenectada where he supposed
some of his witnesses resided, that being poor
applicant was not able to go there for
some length of time & when he did go which
was in the fall of 1838 he found but three
alive & they were so old & decriped that they
could not recollect but little of the service
Applicant then returned for the purpose
of getting some one to do the business that he
Afterwards got one Cornelius Van Devolgon to
assist him but after laying & putting applicant
off some time he took the business from his
got Pythagoras Wetmore Esq. to proceed with
the business Applicant can assign no other
particular reasons for not having applied sooner
it was his wish to have obtained his pension long
ago, but his witnesses were all living in other this
& applicant was too poor to pay the expenses
to attend the County in the County where he resided
& further this deponent saith not
Taken & subscribed before me
this 27th day of October A.D. 1841
Before me
J. W. Hamilton Justice

Nicholas his x mark Smith
Page 73


Montgomery County ⎬

Clerk's office I Henry Cook Clerk of the said
County do hereby certify that Jas W.
Hamilton Esqr. who has subscribed his name is
to
the Jurats of the within affidavits was at the date of said
affidavit a Justice of the peace in and for the County of Montgomery duly Elected and qualified to act as such Justice
&
and that I am acquainted with the hand writing of a
Jas W. Hamilton and that the signatures to the said affidants
purporting to be the hand writing of the said Jas W. Hamilton
I verily believe to be his genuine hand writing.
In testimony whereof I have hereunder
my hand and affixed the Seal of the
county of Montgomery the 10th day of November
-
H. Cook Clerk
Page 74

Affidavits of Nicholas Smith & Chs Johnson on N. Smiths application

Hon John Pauford HR
Page 75

State of New York
Montgomery County
Town of Minden
Charles Johnson of Oppenhance in
the County of Fulton, formerly Montgomery, being
duly sworn deposeth & says that he is
acquainted with Nicholas Smith an applicant
for a pension & whose affidavit is hereunto
annexed & at whose request the this deponent
makes this Affidavit that this deponent has
been acquainted with said Applicant about
nineteen years, that it has always been under
stood & never disputed in the neighberhard &
by all who knew him that said Applicant was a
revolutionary soldier that after the
passage of the act of June 7th 1832 to wit
about the year 1838 this deponent accompanied
the applicant to riskinner in the County of
Schenectady to look up witnesses for the purpose
Applying for a pension that deponent saw several
persons they were very old & decriped & could remember
but little some of them recollected his being in the
army but could not remember but little else
the applicant returned home & looked for others the
Applicant was their discouraged suposing that he
could not find any who could see to the service the
Applicant the Deponent that he had been out
west to look for witnesses & could not find any that
knew the circumstances deponent believes that the
reasons of the Applicant not having applied
for a pension before the 12th March 1839 was
in consequence of his poverty & his living so great
 distance from his witness & from where any
Page 76

free

Hon J L Edwards
Comm of pensions
Washington DC

Speaker bureau
April 9 1839

NY Nicholas Smith
Act 7 1832
Page 77

Bankers Basin Apr 9, 1839
J. L. Edwards Esq
Comm of Pensins
Sir Enclosed I send you the papers
the Ncls Smith I understand by the
[illegible] now at Washington that his
name appears among the paper in war
office  will you have the goodness
to look into his case soon
I am yours sc
P Wetmore
I have also to request the return of the papers
of me John J Van Vranken which I sent you
some time since and so [illegible] you with
Much oblige your
P Wetmore
Page 78

June

Hon C S Benton
M C
Washington DC
Page 79

 
Carnajoharie N.Y. Jan. 16, 1845
Hon. Giles F. Yates
Dr Sir, on the 12 March 1839 Mr Nicholas
Smith formerly of Clifton Park, made an affliction
for a pension his papers are now on file at Washington
were examined & filed the 2d Dec. 1839. The acting company
then stated that of he served as stated in his papers
some evidence can be found in the Compt office
I examined the offer & the comptroller sent
a certificate which I also forwarded to the pension office
In may 1840 I received a letter from Mr. Edwards in which
he requests that Smith should assigns a reason for his
delay in applying for a pension. I sent him such
proof as I [illegible] was sufficient but he answered that
It was not sufficient - he stated that he served in
the militia & also in the regular Army, will you
look at his papers & see what is [illegible] & with
me & I will see you liberally paid out of
his pension if he succeeds
I am truly your
P Wetmore
Page 80

Hon C.S. Benton
Dr. Sir I take the liberty of addressing this
Letter to you in relative to a pension for
one Nicholas Smith Will you hand the same
to Giles F. Yates Esq. of Schenectada who is
understand at Washington & oblige you
Canaghie  June 16. 1845
P Wetmore
Page 81

Nicholas Smith
Comptroller's Certificate

G F Yates Esq
Washington D.C.

Nicholas Smith
Page 82

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 services in the late war. and for other purposes therein mentioned" the following certificates have been issued, bearing interest at five percent per annum vis:

31 July 1780  L 7-11-1
23Oct " 7-7-6
30 Nov 1781 4624 do Corpl 21-4-4
31 Dec " 4697 " " 2-18-8

State of New York
Comptroller Office
Albany May 6 1845

I hereby certify the above to be true extracts from book No 2 & 4 now remaining in this office, and that the service for which the certificate above named were issued, were performed under the following officers vis:
1 [illegible] Capt Isaac Bogart Col John Harper Regt
2 " " Do " Do "
3 " " Lawrence Gross " Marinus Willett "
4 " " Do " Do "

Philip Phelps
Dep Comptroler
Page 83


I send you a statement of all that appears except
that embraced in the certificate

Nicks Smith
18 Augt 179 D Do " 14. 2 1/2
30 Sept 180. Jacob J Lansing Morris Graham
5.6.8
26 Oct 180 Do D 2.6.2
27 Oct 180. John A Witbeck Anthy. Van Bergen 1, 2,2

The annexed certificate embraces all the service
contained in the cert, sent me the two periods of service
under Capt [illegible] by. 21, 4.4 & 2.18.8, making 24.3.0
being the amt of his order on Col Willett. therefore I
do not send you a copy of that order & receipt
Your reference to Book B And Appt page
262 is for 7 years half pay due to the children of
Nich Smith who was slain in the service 10th May 1779

Yours J Gardiner

G F Yates
Washington D.C.
-
L8:15
$20.
1.88
$21.88
Page 84

Fwd

Giles F Yates Esq

Recozorh
Page 85

 
Fonda June 3d 1846
Giles F Yates Esqr
Dear Sir. In answer to your letter I
Received some time ago Relative to A Nicholas Smith case, you
wrote me you had recd a letter from the Hon the Commissner of pensions at Washington, that in the case of Nicholas
Smith then was fraud practiced on Goverment at
cannot be in your part, I will give you a detail of all
kow about the case, some three years ago I was at
Canajoherry Village Pethagoras Witmore Esq called on me
& made enquire of me where you was at that time if you
was at Washington I told him I did not know where you
was then Wetmore told me he had a difficult case on hand
he could not get along with a pension case, he wished
to have you to assist him in the case he told me his name
was Smith he was living at the time with his son in law
Johnson In [illegible] County or had been living
with Johnson the said Smith was very poor & needy that
he Wetmore had made all the advances he had been to Albany
and other places & proven Witnesses & [illegible]
he had spent much money & he would loose what he had advanced if
 he did not get the case he told me if I recollect right
the old man Smith had offered half or 
more if he could procure his pension of what he
should live Back pay he said it would be
a first rate case of it could begat he Wetmore also stated he believed the old man had gone farther north
he had not heard from him In Longtime after
this was at Herkimer at Mohawk Village the Hon
C. H. Benton our member of Congress made made enquire
of me about you he told me he had sent you two
& written to you but could not name were one of the
persons was living but told me you should
Enquire of P Witmore of [illegible] this is all I
can say about it so far last spring or fore part un
Page 86

I believe  In May or June I recd your Letter to me in the
following Langagage, I cannot ascertain with whom
I must communcate in relation to the claim for a pension
of Nicholas Smith Pithagorus Wetmore was the agent several
years ago Benton can say where he lives he is confined to his
sickbed I am told you then go on & was to me Immediately
to see if I can find him I immediately went In pursuit
of him to find heirs called on Esq Wetmore at C[illegible]
he told me he had not heard from him
In three or four years he had removed from Oppenhiem & had
gone further North he told me I had better and his [illegible]

I went out to oppenhiem could not find Johnson he was a
poor man & had moved off & returned home had been out
two days then I then called on Wetmore for Information
to said Smith he told me a man by the Name of Cornelius
Van Develiger being in the town of Root who had the case
In hand first took me one day to go & J Van Develeger
Jose Van Devolger he told me he could not tell  what
had become of him he had gone north Wetmore took the case from him he could do nothing with the case so Wetmore
took the case he told me I must see Wetmore then again on
Wetmore he told me he had the copy of the Declaration
& the Copy of the affidavit of Johnson I have forgotten
the Christian name of Johnson at this time, I had [illegible] Wetmore to pay him for his papers the money he
had expended before he would let me have the copies
to put me on track to find Johnson so as to find
Smith I went in pursuit of Johnson Went [illegible]
all the principle men at Last found he had moved to
Salsbury went to Salsbury & found he had moved to fairfield
for Fairfield I was told he had moved & Remson or Boonvill
went on to Remson on the Carleton the Superson & Made the 
enquiry of the post master they told me there was no such
man as Johnson or Nicholas Smith In that town
I then went to Boonvill & made the like enquiries
Page 87

for Johnson & Smith after four days Labour & traveling
over two hundred miles other I then give up the chase I told my
son who was unmarried he could go in pursuit & find smith
he  went off[illegible]  or 2 days & come home he told me he
found Smith out Now the [illegible] with
[illegible]In a day Chart with a [illegible] he said Smith was the man he first fond
Johnson In mater place in the town of Kent
two miles off in [illegible] what he had to travel afar
to find him this Johnson is a [illegible]
that is the way he tried her out & found him what
he made with Nicholas Smith I do not know
he told me Smith had he would pay him for
finding him he said after he told Smith what truble
her he Smith told him after paying gates
for Gitting his pension. In acct him well for
find him you likely know how he had
my son & Never son the papers of Belie this is
about all I know about the lease I do not know
If my son ever told you what smith paid her
he never told me you resptfull &
[illegible]
Abas A VanHorne
I would not be hired to go if sum days out
& he my business & further expenses with a horse
& Waggon short of $25 or $30 & par With ten on
Peter Dallas besides nine or and one out of the
may I told my son he was well to all I had
dow of he got my they of Smith since I have
heard that he drew a pension before this you get
he must have sworn fals also his [illegible]
Johnson that is all the Fraud that can be in
no one to blame but Smith & Johnson an
confident from my knowledge you are not to
blame this is all I know but the are
Page 88

Col. J.L. Edwards
Commr of pensions
Page 89

Albany, May 18th 1846.
Sir
I have received your letter of the 15th May
instant in reply to my explanatory letter in the
case of Nicholas Smith
Young Van Horne who
had the interview with Mr Smith, had never before
had any thing to do with pension business in any
its forms and details, is underrated, and unacquainted
with business affairs generally. I am sorry that his
the father entrusted him with this business. I have
never obtained from Van Horn Elder or junior a
full explanation of their proceedings, but I will
venture to assert that the $105 paid in advance
not intended as a payment in full.
I stated in my last that I had
written letters to certain individuals in reference
to this matter, which they have thus far declined
to answer. If they had I might perhaps now
have had it in my power to make some suggestion
of the kind you ask for. It may be in my power
erelong. If I get no replies to my letters I shall
visit persons who will be able think to furnish
a [illegible] to remove the mystery.
It would be a point gained
could I ascertain who applied to me for the Van
Dukeyson affidavit. Perhaps your correspondence
may furnish this information
Either Smith knew or he did
not know in 1838 & subsequently that a pension had been
awarded him in 1834. If the fact had been
Page 90

concealed from him (such cases I have heard of
the old man may have been "more sinned against 
than sinning (In his declaration the paper, he alludes
to as having been previously filed may have been
those on which a pension was granted in 1834) who
those persons were that instigated and urged him
to make his application in 1838 & persevere in
his assertion of the claim subsequently, if there were
such persons should be known. Charles Johnson who
accompanied him in his travels and sworn for
him, is, I am told his son in law & a Methodist
Clergyman
Having become unwittingly [illegible]
in this matter I feel it my duty to aid in
"probing it to the bottom," My exertions to the
end shall not be wanting
very respectfully
yours to serve -
B. F. Yates
 
Col J L Edwards
Comr of Pensions
Washington D.C
Page 91

P.S. Gormanb what I stated in a previous
letter relative to mistakes being made by census
takers it may be of use to notice that in the
census of pensions living in 1840, to "Nicholas
Smiths " will be found recorded both living in
Jefferson County N.Y. but in different towns
I presume there were not two of that name pensioned & hailing fro the same county.
G.F.Y.
Page 92

32 Nicholas Smith
Payments to be made at New York by the Presd. Nchs BK Agent for paying pensioners, in the Agency of New York

Recorded in the Pension Office, in Book E Vol. 4
Page 122 by Jno Cromwell Clerk

4 Sept 1840
Page 93

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States
of the 7th June 1832 Nicholas Smith of
the State of New York
who was a Private and Sergeant in the Revolutionary Army is
entitled to receive-- Seventy-eight dollars and
thirty three cents per annum, during his natural life, commencing on the 4th of March 1831, and payable semi
annually on the 4th of March and 4th of September, in
every year.
Given at the War Office of the United States
this 5th
day of
March one thousand eight
hundred and thirty four.
Lew Cass
Secretary of War.


Examined and
Countersigned.}
Edward
Commissioner of Pensions

never learned to write
4th Sept 1840
half a year in
Lyme N. York
previous in
Stratford NY
Page 94

Pen Off May 15th 46
Sir
In reply to yous r in the
case of Nicholas Smith decd
I would inform you that enough
has been disclosed to shew that
he had practised a hand upon
the government by making a
second application from a different part of the State and assigning the reasons having delayed
his application that the very time
he was drawing
a pension- No
balance is due him his
second application was made
in 1838 in Montgomery Co and was
pending last spring when Mr Yates
applied to for aid in establishing that claim- He furnished evidence
of the 9 mo service under Capt Vischerand

the certificate was issued & delivered to him-- He turned the certficate to his partner Van Horne to
Page 95

ascertain the whereabouts of the
pensioner. Van Horne found him
in Jefferson Co & made out the voucher
upon which payment was made
the guilty parties are probably in
Montgomery Co

Adriel Ely
Esqr
Watertown
N.Y.


May 15th 1846
Adriel Ely
Page 96

Pen Off
May 15th 46

Sir
your explanatory letter
& its enclosures in the case of
Nicholas Smith decd have been filed
with the other papers-- The Nicholas
Smith of Jefferson Co who recd
in
in March 34 a pension certificate
for 78.33 is identical with the  Nicholas Smith who in 1838 make
his declaration in Montgomery assigned
in 1839 reasons for not
applying sooner was again
pensioned in 1845 & found by
Van Horne in Jefferson when
the vouchers were prepared upon
which 420$ were drawn & 105$ pd
to him. This summary will apprize
you of the scheme of  [illegible] which has
been practised upon the governer
& extortion upon the claimant of
you can make any suggestion
Page 97

which could assist the Dept to ferret
out the perpetrators of the fraud
it will be
gratefully received
Giles F. Yates Esq
Albany
15th May 1846
my
1
Giles F. Yates
Page 98


Watertown Jefferson County
May 8. 1844

Sir
I wrote to you a few days since at
your request detailing all the facts
within my knowledge and all
that I had heard regarding a
New Pension Certificate issued to
Nicholas Smith of Jefferson County
now deceased I had [illegible] for
Mr Jenkins the particulars in regard
to the New Pension Certificate and when
it became necessary to ask for the amount
a pension due to Smith's death I
caused the same to be embodied in
the Surrogates Certificate so far as to
a description of the certificate & the time
to which it had been paid & I wrote
W Jenkins that I did not expect payment excepting on the old certificate which
amounts to $21.53 Mr Jenkins has returned
the papers-- I now enclose the
papers to you for your action upon them
If you decide that this amount be
paid I will thank you to enclose
Page 99

them to Mr Jenkins with direction to
pay to the attorney of Mr Bruner the
administrator. I find that I was mistaken when I said in my letter that
I believed with certificate had always
been left in my possession for safe keeping
I made out his papers in Sept 1839
and not again until September 1840
the siemiannual dividend or payment
due in March 1840 must have been recd
through the agency of some person
Herkimer County as I find on the
Pension Certificate my pencil writing
that he moved from Shatford Herkimer
County March 1840 to by Co
Respectfully
yr ob svt
Adriel Ely
Col JL Edwards
Com of Pensions
Washington
Page 100


Watertown May 4. 1846
Sir Your letter of the 1st in relation to
Nicholas Smith did requesting further information in regard to what appears the
two pensions for the same individual is
before me and in reply I have to say that
Nicholas Smith has been a resident of Jefferson County for a great many years past
until his death certainly for many years
before his application for a pension under the
[illegible] 1832. If I recollect rightly I made
out his papers and that some objections
made to him which were removed
by an affidavit of a Mr Yates I think them
resident of Skenectada or an affidavit
of his procuring-- I think Mr Smith
went to Schenectady in order to procure
Nicholas Smith proceeded his certificate
and lodged it in my hands for safe keeping
I have had it in my posession until
recently when I sent it to the Agent for
paying pensions in Albany in order to
obtain the arrives at his death I
think the old man spent a winter
with wine of his children living on the
Mohawk a member of years ago. I know
Page 101

that he went there and was gone a few
months & it was probably in 1839. But I am
quite confident that I have semiannually
made out his papers for him. I think
he lost his wife a member [illegible]
The old man has often said to me that
his pension was not in amount
he was entitled to. Last Summer a
young man called on me to ascertain
the residence of Nicholas Smith, and
ascertained on guard that he was
going to make an effort to obtain an
increase of his pension & I told him that
it would probably result in a dimuntion instead of an iron because at
the time the old man was pensioned
and proof was not known to exist & was
not in all cases required and as the lands
were extremely in perfect I thought it was
doubtful whether [illegible] proof of as much
service could be found of had been allowed
him but that I did not know how it
I think I shoved have the brink
Page 102

came due, when I was informed
Mr Yates & 
Mr Van Horn who by the bye, was the above
man above referred to, had procured for this
Nicholas Smith what he called back pay and
had both been to the residence of the old
man & he had signed some papers before
Justice of the Peace and that he Smith
had received $105. I told Smith's son in
law with whom he lived it could not be
so, at last I could not understand it: that
if his pension had been increased, his old
certificate would have been required, he
assured me that these were the facts but
he did not know whether it was a pension
or not, did not see any certificate nor had
there any been left with the old man
Nor do I suppose that any of the family to
this day know in what account the old
man received the $105 other than it was
called back pay - It is proper to add
that Nicholas Smith has for some seven
or eight years past been mentally disqualified in my opinion from giving
any court history of his services
I do not think it was possible for
him in 1839 to have give the history
Page 103

of his revolutionary compaigns as he did in
1832, but I may be mistaken as to the time
and that it is since 1839 that his mind
filed him-
Smith died 13 December 1845
the pension he enjoyed during life which
was procured by me was at the rate of
$78.33  per annum the arears this
being about $21  his administrator has
asked the Agent in Albany & the original
certificate returned.
not getting an immediate
answer to my letter to you [illegible] from Mr. 
Jenkins that a Pension certificate of $30
and
had been granted to Nicholas
Smith of Jefferson County and as there
was but one Nicolas Smith even
the
County the administrator also asked pay
in that paid to March 1845 to 13 December
1845 amounting to $23.25 which I did
not expect would be paid & the only object
in making the claim was to bring out all
the facts should however this be paid I
will retain it until I hear from you
The above on all the facts within my
knowledge and history I have no doubt
of all that any of the family have knowledge to
I believe  Mr Smith to have been honest
& his son in law with whom he lived last
summer is a very ignorant man, not being
able to read, but sustains the character of
an honest man-
Respectfully
You obt Svt
Adriel Ely


J.L. Edwards Esq.
Comr of Pensions
Page 104

Col. J. L. Edwards
Comm of Pensions

Albany N.Y. May 4 1845.
Sir
Having but just
returned to this city after a week's absence I did
not receive your communication relative to the
pension matter of Nicholas Smith until this
the evening-- and I now hasten to reply to the
same.
Since the passing of the law of 7th June
1832 I have been applied to in hundreds
of cases for and in procuring testimony documentary
& Parole. I have not preserved a record or memoranda
of all these cases, and of those I have preserved
I cannot now tell as to three fourths of them by whom
applications were made to me. At the time I received
a letter or a verbal request I noted down the name of
the soldier or officer, and as soon thereafter as convenient
instituted search and made memoranda of the
result under each name. I find I have over 500
names thus noted, and among the rest the name of
Nicholas Smith. But whether it is the same
Nicholas Smith for whom I obtained last spring a
$30 certificate I have no means of determining. I have
not the least recollection of getting Mr Van Derhayden's
 affidavit in the case in question, but of course
must have done so, if the affidavit is in my
handwriting, Schenectada being sort of headquarters
during the revolution for the Quarter Mr Genl Dyrh
under Col Chris Yates & Henry Glen D. Mss
Genl who both resided then it necessarily happened that much information about service in that Department was known
to the surviving revolutionaries living in & about
Schenectada. As to the service in Tunis Fisher's
company of Batteaumen I well remember that 
Van Derheyden was about the only surviving man
be of that company in Schenectada, and
Page 105

that I procured his testimony for several applicants
and for himself also obtained an increase of his pension
on account of his service in said Company, the
the aid of the Hon. John J. De Graff whose particular
friend he was. So much for my participation in
procuring Mr Van Derheyden's affidavit
I have not the most faint recollection of having ever in my life seen the Nicholas Smith
in question, or any pension applicant of that name. Mr Ely spoke on misinformation when he stated, that I had called on the Nicholas Smith of Jefferson
County. Most probably Mr Van Horne's son who attended to the execution of the papers last August for his
father (as my agent) was taken for me and what
amount was paid or advanced to Mr Smith I am
not personally cognizant of. But I know I paid
him some $40 or $50 for expences actually
incurred by him and his father in travelling
hundreds of miles and travel several weeks
in trying to ascertain the whereabouts of Nicholas
I was in the habit of furnishing the
parole testimony before alluded to free of charge
& under a promise that if the applicant or his attorney was successful in the claim, that I should
be paid. But that was generally the last I heard
of the claim or claimants or their attorneys
whoever it was then called upon me for the affidavit
of Van Derheyden has never called upon me since
nor left any clue for me to discover who or where
he is, if [illegible]
I was never employed as attorney
or agent to present the claim in question till
last may when being at Washington, at the request
the Hon Mr Benton M.C. (now with you, he having been
applied to by the Agent P Wetmore Esq
I brought up the case before you. As I knew
nothing about the merits of the claim or what particular services were alleged in the declaration, & to the
name of Nicholas Smith was a common one I
thought there might be several of that name
who had served in the revolution & at the same
time I had reason to believe, that the usual object
to the want of Documentary evidence, obtained in
this case, I wrote to the Comptroller of N. York and
obtained from his office the evidence you say I filed in may last. But on inspecting the enclosed paper
marked D. which Mr Van Horne procured for me
Page 106

last fall from Mr Wetmore I find that he had filed the same
evidence before. I wrote to the Comptroller for all the

proof that appeared on his Books in the name of
Nicholas Smith & not presuming that all would apply
to the case before me, but so that of comparing the same
with the allegations in the declaration, that part, if any,
which did apply, might be used. Although Dr Crump
did not, if I remember right, express himself in so
many words, yet the inference I drew from what he
did say, was that the 9 months boat service was all
that was made out satisfactorily I acquired in the
decision, because as before observed the name of Nicholas
Smith was a common one, and it was not unreasonable
to suppose that the Comptroller's proof applied to some
other Nicholas Smith
The only memorandum I had to refer to
to identify the claim in question, was the one containing
the information in the paper enclosed marked B. the
original of which is no doubt on file with the papers
In this Mr Wetmore states the reason why Mr Smith
had delayed applying for a pension. That he had applied
to a lawyer in Lewis of Jefferson County shortly after
the passage of the act of 1832. that his declaration
had been sent to Washington, but before any answer
was returned, the lawyer aforesaid got large amount
of money in his hands and ran away to the west. That the
Smith) was so very poor that the expences
of his three journies on foot some 40 miles & more (this
must have been from Lewis County) to Canajoharie to
see Mr Wetmore, were paid by charitable donations
This was in 1840, & does not look as if he were
then enjoying a pension. And Mr Wetmore further states,
in said draft or copy of a letter B. that if said lawyer
had sent on his declaration, it would no doubt be found
on file in your office
the
While still at Washington last May
and before obtaining the $30 certificate, I could find
among my papers no flee to Mr Smith's place of res
idence. I did not know but he might be dead, in which
case the necessary proof of death & would have to be
made before the Surrogate & presented to your office
I designed to engage Mr Van Horne a relative, residing in
Montgomery County and extensively acquainted with the
inhabitants of that County, to ascertain the necessary
facts. I thereupon wrote to Mr Benton then at his home
(in Mohawk Montgomery County N.Y.) about the matter
He replied that he could not possibly tell the whereabouts
of Mr Smith. He thought that the letter requesting him to see to
the claim was from P. Wetmore Esqr, but he could not give me
Witneses P. O. Address, and that when I saw or wrote to him
witnese) I should tell him that he (Benton) had
put the case in my hands. Mr Van Home and this
Page 107

or me. He afterwards wrote to me that he had called on
M Wwtmore at his residence (Canajoharie N.Y.) & obtained
from him copies of the affidavits made in 1841 by Rich
Smith, & Charles Johnson & in 1839 by Thos Malt also
also a letter from you dated 20 Jany 1842, all relating to
the claim, and besides an analysis of the declaration
all of which I now have in my possession) these served as a guide
to Mr Van Horne in trying to find out Smith's residence which no
body seemed to know
note that Mr Smith in his affidavit
says that he resided in Root, Montgomery County when his
declaration was made by the runaway lawyers, & that his
second declaration was made in 1838 that in 1838 he
went to Schenectada for proof (he may then have called
upon me. & got the Van Ducheyden afft Mr Van Horne in
making his report to me of his proceedings, said he had seen
Mr Johnson & I think the Mr Van Derheyden also whom M
Smith employed as his attorney before he engaged Mr
Witmore, He travelled through Montgomery County & what is
called the Blackson County including Lewis & Jefferson
Counties & by dint of continual inquiry here there & every where
& after a long search traced the Nicholas Smith for whom
Johnson Malb had testified & for whom Mr Witmore was
the agent to remote part of the County of Jefferson near
the Canada lines, so the matter rested for two months or
more, when having occasion to visit Cayuga County on
literary business. on my way back I travelled on purpose
-
& many miles out of my way to Watertown Jefferson County
to make inquiries myself. I enquired of many of the oldest
inhabitants of that place and at the Bank in that place
where pensioners as I was told, were in the habit of letting
their money, & I then met with some persons from that
part of the County near the Canada lines & they informed
me that there was an old man living there in a secluded
spot who they had heard was an applicant for a pension
was told at the Bank to call on A. Ely who
the said made it his business to attend to pension matters
I remained several days at Watertown being unwell & called
every day at Mr Ely's store (I do not know him personally
but unfortunately he was
but could I have seen him
I might perhaps have changed my opinion as to Nich Smith
residing near the lines as aforesaid being the person in quest
of My reason for wishing to examine myself was because
I had seen on the census Book of 1842, the name of his
Nicholas Smith a pensioner living in Jefferson County. But I
know whether he was then (1845) still alive, nor yet
but that the name had been put down by the census taker
incorrectly a pensioner, while he was nothing but an applicant for a pension (I have been told of such cases nor yet
but that he might be a different person from the one I was
in quest of. I expressed to Mr Van Horne my fears, that
he had not found the right Nicholas Smith. But he related
to me so many particulars & circumstances about him
Page 108

which he had learned in his travels when in search of him
expressed his opinion so decidedly, that whether he
was a pensioner or not, he & he only could be the person
described in Wetmores papers, that I could not but concur
in his opinion. I could not for a moment entertain
the idea that he could deliberately while drawing
pension & having drawn it for four or five years, persevere for several years in succession in trying to get
another pension, & more especially allude to before having been filed shortly after 1832. which if done & passed
upon, it seemed incredible would not be discovered at
your office. That he should travel a great distance to accomplish such a purpose so fraudulent & foolish for it
could not escape detection. I therefore concluded that on
a more thorough examination of the files in your office
it would yet turn out that the Rich Smith for whom
obtained a pension & the Rich Smith who has
apparently been a pensioner since 1834 were different
persons. If it be asked why I did not call upon
Mr Smith & satisfy myself by a personal interview, I
answer that I would not have called upon him in
my the peculiar state of health for twice the amount of
his pension. Because as Mr Van Horne had represented
time he was very deaf & hence close contact would be
necessary) and disgusting in his appearance, and that
from a fever sore on his leg, or other similar cause every
of air within ten feet feet of him was contaming
with a most intolerable stench. I must not submit to no
is that the questions I had propounded to him to so
certain his identity corresponded with his declaration
not long after payment had been
made to the Smith I enquired about the matter at the
office of the agency for paying pensions in Albany & on
inspecting the vouchers on which payments had been
made & the Books of the office I saw that Nicholas Smith
from Jefferson County had been regularly for years draw
ing a pension at the rate of $7833 per annum. I called
the agents attention to the subject, and suspicions or my
mind as to the identity of the two Smiths began to arise
I promised to write to you on the subject, but to do this
would require a long detail, and as I intended to visit
Washington shortly, I concluded it would be best to make
the necessary representations in person. This was last fall
and in the meantime at my suggestion he
keep a look out & not make any future payment
to any person of that name till the matter had been
investigated at Washington, sickness & other causes
by and my control having having prevented me last
fall & again last winter from proceeding to Washington
as I intended, I passed a letter last February detailing most
of the foregoing circumstances, but having again
Page 109

made up my mind to visit Washington soon I did not
forward my letter, more especially for the reason that
all further payments would be withheld on the then
coming 4th March. I now learn on enquiry at
said office that papers to draw the Balance on the
$73 certificate were recently presented by A. Ely
Esq & payment refused
From a comparison of the
alleged service of the $78.3e Nicholas Smith with the
$30 Nicls Smith as given in your letter to me &
the statement of Mr Ely who must have known
Smith for many years, what was at first surmise
with me is now for the first reduced to
Although the date of service in each declaration, is
not exactly alike, yet it is almost too much like
to pass for two different persons
The semiannual payments from 1834
& for several years thereafter were made at the
New York agency, & therefore the name of the attorney
cannot be ascertained here. An examination of
the vouchers and on enquiry of the different attorneys
who drew the money of the $78.33 certificate from
1834 to 1844 may lead to the ascertainment of
the fact of the identity in question, if it exists.
The "wheread from time to time of the Orleans
Nicholas Smith as closed by the semiannul vouchers
as if compared with the residences of Mr Smith
for whom I obtained a warrant, and covering the
period of the applications through Messes Bove &
Witmore must show the identity of the 2 Smith,
if they be identical. I must say I still have my
doubts.
All I can do to unravel the mystery
& rectify wrong I am ready & willing to
I expect to see Mr Van Home shortly
may collect some information from him, and
being in correspondence with Mr Ely I shall write
to him.
In the interim
I am your Obt Sert
G.F. Yates
Page 110

May 8 1846
Recd
Nicholas Smith

Col J.L. Edwards
Commissioner of Pension

Washington DC
Page 111

J.L. Edwards
Commission of
Pensions
Washington
D.C.

Nichl Smith

July 17 '45
Page 112

 
Canjahoraie July 12, 1845
J.L. Edwards Esq
Sir I wish to be informed
in relative to the application of
Nicholas Smith for a pension the
department a long time ago admitted
his claim but wished him to give
some reason why he had not applied
before I sent what I supposed to be
satisfactory Evidence. The claimant had A
give up all hopes of obtaining a
pension but I was & have been
so well satisfied of the Justice of his
claim & his ultimate success that I
have paid out all the money that
was required to probate the matter
I have lately understood that the
department had decided the claim
in his favor. If to I hope that the
papers will be ferreted to me
without delay as he is in my
circumstances & the little pittance which
the remaining few of the old Soldiers
left will being on to the best of some

I am your ob
P. Wetmore
Page 113

Watertown NY May 20 1897

Com'r of Pensions
Dear Sir
Please send me
the record of Nicholas
Smith
a Revolutionary
soldier in the Pension office
I think he was from
this State. He lived many
years before his death or
Stone mills Jeff lco by
yours truly
Elon R Brown
Page 114

[stamp] OLD WAR & NAVY 26 1897

[STAMP] US PENSION OFFICE MAY 22 1897