Revolutionary War Pension and Bounty Land Warrant Application File W. 24988, for Nathan Smith, Vermont
Page 1

(3-1776)

SERVICE

Smith, Nathan
Sally

NUMBER
W. 24988

CONTENTS
Page 2

20287
New York
========
Nathan Smith
of Wayne Co in the State of N York
who was a Sergent in the Comp commanded
by Captain Ormsby of the Regt commanded
by Col. Allen in the Vermont
line for 14 mo Sgt}
3 " Priv}
========
Inscribed on the Roll of N York
at the rate of 80 Dollars - Cents per annum
to commence on the 4th day of March, 1831.
========
Certificate of Pension ifsued the 12 day of Aug
1833 and Sent to D Eddy
Marion
========
Arrears to the 4th of [illegible] $160
Semi-anl. allowance ending 4 [illegible] 40
=====
$200
=====

{Revolutionary Claim,
Act June 7, 1832.}
Recorded by Go C Stites Clerk
Book E. Vol 3 Page 79
Page 3

5763
New York Albany
Sally Smith
widow of Nathan Smith
Conn
who served in the Revolutionary 
war, as a Sergeant

Inscribed on the Roll at the rate of 80 Dollars 00
Cents per annum, to commence on
the 4th day of March, 1848.

Certificate of Pension issued the
23 day of Sep 1851
and sent to 
S B Gavett
Lyons New Y

Recorded on Roll of Pensioners under act February 2, 1848, Page 190 Vol. 190
Page 4

Lyons Aug 19, 1851

Sir
In your note of Aug 11 you say that if Mrs Sally Smith was alive on the 3d March 1851 she & her heirs are entitled to a pension from the date of her husbands death.

Mrs Smith was alive at that time and is yet alive. What kind of proof do you want to satisfy the (illegible) of the fact? be pleased to inform me immediately

Yours respectfully &c
S.B. Gavett

J. L. Edwards
Page 5

In the matter of the application of Sally Smith of Lyons N.Y. for a pension

Affdt of Elijah Burton of Marriage
Page 6

State of Vermont Bennington County ss
Elijah Burton of the town of Manchester in said county aged eighty six years being duly sworn says that he was well acquainted with, & is the brother in law of, Nathan Smith late a revolutionary pensioner of the town of Lyons in the State of New York, deceased: That he this deponent  married the oldest sister of the said Nathan Smith as his wife who is now deceased: That he was present at the marriage of the said Nathan Smith to Sally Henesy in the said town of Manchester, and well recollects the fact: That such marriage took place in said town of Manchester on the twenty fifth day of September one thousand Seven hundred and eighty four. That the marriage ceremony was performed by Martin Powell, a justice of the peace of said town who is now deceased
Elijah Burton
Page 7

State of Vermont Bennington County ss
Manchester Oct. 16th 1836
Then personally appeared the above named Elijah Burton & took & subscribed the foregoing oath in due form before me John Cooke Justice of the Peace

I hereby certify that the above named Elijah Burton is a respectable citizen & his deposition entitled to full credit & belief
John Cooke Justice Peace

State of Vermont Bennington County ss
 Samuel H Blackmer Clerk of Bennington County Court do hereby certify that John Cooke whose name is subscribed to the above was at the date thereof a Justice of the Peace within & for the county of Bennington duly authorized to administer an oath & that I verily believe his signature is genuine.

In witness whereof I have hereunto subscribed my name & affixed the seal of said county this 22nd day of October A.D. 1846
Saml. H. Blackmer Clerk

Fus 25 ts.
Page 8

State of New York Wayne County ss
Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832.
On the 6th day of June 1833 personally appeared in open court before the Judges of the Court of Common Pleas in and for the County of Wayne aforesaid and State of New York now sitting Nathan Smith a resident of the town of Lyons in the county and state aforesaid aged 72 years who being first duly sworn according to law, doth on his oath mak the following declaration in order to obtain the benefit of the act of Congress passed the 7th of June 1832.
That he entered the service of the United States under the following named officers, and served as herein stated, to wit--
That in the year 1777, he lived in the town of Manchester State of Vermont and from thence was called into the service of the United States as follows, when Burgoyne came from the north some time in June, the militia were called out enmass and this applicant was called out with the rest, the regiment he belonged to was commanded by Major Nathan Smith this claimants father. the Col. of the regiment (Ira Allen) was absent in Congress. The inhabitants, men women & children all fled before the approach of the British Army, this claimant was sent as one of a detachment to take care of and guard the women and children. And take them to Lenox in Massachusetts; in going to the place we passed through Sunderland, Arlington, Shaftsbury, & Bennington, in the State of Vermont, Williamstown New Ashford Lanesborough Pittsfield to Lenox in Massachusetts Staid at Lenox untill Burgoyne was taken, in a few days after that event, this claimant returned by mainly the same rout that he went to Manchester aforesaid from thence to Rutland, in Vermont under the command of Captain Gideon Ormsby and continued then to serve untill some time in the last of December when he was discharged had no written discharge, this claimant served six months this campaign, as a private. And had no other employment while engaged as above stated, And that in the year 1778, he enlisted some time in the month of August, under the command of Lutenant Solomon Soper
Page 9

marched to Rutland where he was put under the command of Capt Seuster, Col. Warners regiment of the Continental line, altho we were militia. At this place this claimant was employed in building a pukit fort and scouting for Indians and Tories and continued to serve his term of three months for which he was enlisted, which expired some time in the month of November and was discharged had no written discharge, and then returned home to Manchester.
Some time in the spring of the year 1779 a company of rangers was raised by Capt Jonathan Ormsby they were to be volunteers. Articles of enlistment were drawn up for three years this claimant enlisted into the company the conditions of service were that every man engaged to furnish himself with and keep on hand arms powder and ball, three days provision that he could command at any time and a horse saddle and bridle if possible and to be ready for any emergency in a (illegible) five minute. This deponant served in this company or belonged to it untill the close of the war. The following will show the time he was in active service he did not always go under the command Capt. Ormsby but went with other officers the first time that he was call'd out after the above mentioned enlistment, he was sent under the command of Lutenant Blanchard some time in the month of June and marched to Castleton Vermont and built a fort and scouted for Indians and Tories this claimant was a Sergeant in the campain served and his three months for which he was engaged which ended some time in September, and was discharged had no written discharge Returned back to Manchester. He thinks the regiment that he was attached to in this Campain was Col. McCrakens, Some time in the summer of 1780 in compy of rangers under Capt Ormsby was called out this claimant was one of them and a Sergeant And was called on by General Ethan Allen to attend him personally. He rode with the General on horseback for Manchester to Castleton. After he arrived at Castleton he was employed in scouting parties, from that place along the shores of Lake Champlain. Staid here two months which expired some time in the month of October. And was discharged, had no written discharge, then returned home to Manchester in the year 1781 he thinks, the militia or rather Ormsbys Company were called upon to furnish some of his Rangers to accompany some troops under the command of Gen. Evans, Col. Ebn'r Walbridge, Capt. George Sexton was the Captain under whom he served. This claimant went with them to Skeensborough at the head of Lake Champlain
Page 10

Was Employed in building a picket fort and Scouting. Continued at Sceensborough until he was discharged, no written discharge
this Claimant Served in this Campain five months at least that is to say from the first of June untill the last of October returned home to Manchester; this claimant from the time first above mentioned was engaged at different terms and a great many times in scouting for Indians and torres, took a good many prisoners at one time 18 prisoners were made Some times he was out [illegible] days Some times six days Some times then days but Cannot remember the dates of the different times, but is Sure that he was engaged in this way at least one month
and that he hereby relinquishes every claim to a pension or an annuity except the persent and that he declares that his name is not on the Pension Roll of any agency of any State and that this claimant was born in the Nine Partners County of Dutches State of New York in the Year 1761 this claimants father Removed from that place to the Town of Manchester Vermont when he was a child, from thence this claimant Removed to Shoreham Vermont. from thence to Madrid St. Lawrence County State of New York from thence to Lyons in the County of Wayne State of New York where he Still Resides, the following are the answers to the interrogatories proposed by the War department 
In 1st. he was born in the Nine Partners Dutches County New York state in the Year 1761.
In 2 he has a record of his age in an old bible at his dwelling house
In. 3. he lived in the Town of Manchester State of Vermont when first Called into Service, Since the Revolutionary War he has lived in the Town of Manchester, in Shoreham State of Vermont Madrid St. Lawrence County State of New York, he now Resides in the Town of Lyons County of Wayne and State of New York where he still resides
In 4th. he enlisted, was Called out once in mafs & volunteered
In 5th. he has already embodied in the above declaration the names of Many officers with whom he was acquainted Such a General Ethan Allen Gen Stark Col Ira Allan, Col Walbridge, Col Warner, Col. Mcracken, Capt Hutchinson
In 6th. he never did receive a written discharge
In 7th Lucas Hubbel, Abel Lyman, William H. Adams and Myron Holly, Willia [illegible], will testify to his Character as being good for truth and veracity
Page 11

and that he knows of no person that he can obtain who can testify to his Services except the affidavits hereunto annexed and this claimant does rely on traditionary Evidence as well as the written, that accompanies this declaration
Nathan Smith
Sworn and Subscribed the day and Year aforesaid} 

We Lucas Hubbell, a Clergyman Residing in the Town of Lyons in the Said County, and Abel Lyman of the Same place, hereby certify that we are well acquainted with Nathan Smith who has Subscribed and Sworn to the above Declaration that we believe him to be 79 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 Lucas Hubbell
Abel Lyman
Sworn and Subscribed the day and Year aforesaid in open court, C. Foster Clerk

And the said Court do hereby declare their opinion, after the Investigation of the matter, and after puting the Interroatories  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 Lucas Hubbel who has Signed the preceeding certificate is a Clergyman Resident in the Town of Lyons County of Wayne and that Abel Lyman who has also Signed the Same is a Resident of the Same place and is a credible person and that their Statement is Entitled to Credit
Page 12

In the matter of
Nathan Smith
application for a 
Pension

David Eddy Agent
Marion N. York

May 1833
Page 13

I Cullen Foster acting clerk of the court of Common Pleas of the county of Wayne do certify that the aforegoing contains the original proceedings of the said Court in the matter of the application of Nathan Smith for a Pension
In testimony whereof I have hereunto set my hand and Seal of office this 6th day of June 1833.
Cullen Foster Acting Clk
Page 14

Nathan Smith
13701

admd
14 mo Segt
3 mo pri.

David Eddy
Agent
Marion New York
Page 15

State of New York
St Lawrence County fs: On this fourth day of September 1832 personally appeared before me the undersigned Silas Baldwin [illegible] + one of the Justices of the Peace in and for the said County John Richardson to me well known a resident of the Town of Canton in said County and being by me sworn says that he is seventy five years of age. That he was well acquainted with Nathan Smith formerly a resident of the Town of Manchester in the State Vermont in the revolutionary war and now as he is informed a resident of the Town of Lyons in the County of Wayne and State of New York. That the deponent removed from the State of Connecticut to [illegible] said [illegible] of Manchester in Vermont in the month of February of the year 1781 and then immediately became acquainted with the said Nathan Smith and [illegible] him well for several years afterwards. That the said Smith [illegible] acknowledge [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] [illegible] during the years 1781 and 1782 in the service of the Revolutionary war as a sergeant, in the Vermont Militia and State Troops a number of different times, but he cannot remember the particulars of his services. He says it was well known and understood in their neighborhood in Manchester that the said Smith was a considerable part of the town in the years 1781 and 1782 in actual service against the enemy
John Richardson
Sworn and Subscribed before me this Day + year aforesaid
J Baldwin J} Justice of the Peace
Page 16

State of New York
St Lawrence County fs: I the the before named Justice of the Peace do certify that I am well acquainted with John Richardson the before named deponent and that he is a man of undoubted character and veracity and that his deposition is intitled to full credit
S Baldwin J} Justice of the Peace

State of New York}
St Lawrence Count} fs. I Alvin C Low Clerk of the County of St. Lawrence in the State of New York do hereby certify that Silas Baldwin Junior before whom the foregoing affidavit and by whom the above Certificate purport to have been made was at the time of taking said affidavit and making said Certificate a Justice of the Peace in and for said County duly elected and sworn and that I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said affidavit and Certificate purporting to be his are are genuine
In witnefs whereof I have hereunto set my hand and affixed the Seal of said County this 4th day of September 1832
A C Low Clk
Page 17

[Left side]
12837
Declaration of
Sally Smith widow
of Nathan Smith
for a pension

[Right sice]
12837
Sally Smith
N.Y.
Act 7 July, 1838
----------
Married 1784
Hus died 2 Oct 1845,
Adm 14 mos Sgt $70
" 3 " pri 10
-----
$80

Acts 27 June 1844
+ 2 Feb 1848 com
2 Oct 1845

Albny

S B Gavitt
Chas P Lawton Esq [Name of "Chas" crossed off]
Lyons,
N.Y.
Page 18

Declaration
In order to obtain the benefit of the act of Congrefs of the 7th July 1838 entitled "An act granting half pay and pensions to certain widows."
State of New York
Wayne County fs:
On this twenty ninth day of May one thousand eight hundred and forty six personally appeared before the Court of Common Pleas held at the Court house in Lyons in + for the County of Wayne in the State of New York aforesaid Sally Smith a resident of the said town of Lyons in the County of Wayne aforesaid aged Eighty years, who being first duly sworn doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the act of Congrefs pafsed July 7 1838 entitled "An act granting half pay and pensions to certain widows" That she is the widow of Nathan Smith who was a Sergeant in the Revolutionary Army of the United States. That for the evidence of the military services of her deceased husband the
Page 19

said Nathan Smith, she refers to the application + proofs on file in the office of the Commifsioner of Pensions of the United States furnished by her said husband upon his application for a pension under the act of Congrefs pafsed June 7th 1832 and which with the Certificate of the Court of Common pleas of said County of Wayne were filed in the said Pension office in the year 1833. That she has not to her knowledge any other evidence that can be produced of such services.
She further declares that she was married to the said Nathan Smith on the twenty fifth day of September in the year Seventeen hundred and Eighty four that her husband the aforesaid Nathan Smith died at Lyons in the said County of Wayne on the second day of October one thousand Eight hundred and forty five: that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January Seventeen hundred and ninety four, viz. at the time above stated: That she has no
Page 20

record evidence of the said marriage except the affidavit of Philip Smith the brother of her said husband Nathan Smith which is hereto annexed + which she has recently caused to be procured from the State of Vermont for this purpose.
Sworn to + Subscribed on the day and year above written before.
Sally Smith (her x mark)

Sworn + subscribed on the day and year above written before me
J B Gavitt Dep Clerk
of Wayne County Courts
Page 21

State of Vermont}
District of Addison fs} Be it Known, that before the Probate Court for the District of Addison aforesaid, at a sefsion there of holden at Shoreham in and for  the said district on the 30th day of April 1846, personally appeared Philip Smith of said Shoreham in the eighty second year of his age, and being duly sworn, deposes, testifies and says, that he was a younger brother of Nathan Smith, late of Lyons in the State of New York, deceased; That he well recollects being present in Manchester in the State of Vermont at the marriage of his said brother Nathan Smith to Sally Hennefsey [Sally Hennessey] of said Manchester, they were married by Martin Powel Esqr a justice of the Peace.
From his great age the deponent is unable to fix the date of the said marriage, but he is certain it was as early as 1788, for in that year this deponent removed from the said town of Manchester to Shoreham aforesaid, and the marriage took place before his removal to said Shoreham -
Philip Smith
Sworn and subscribed this day and year first above written
Before S H Jenison, Judge

I certify that I have been acquainted with the affiant for more than forty years, that he is a person of respectability, and altho his facilities are much impaired by old age, I consider him in the matter of the foregoing affidavit a credible witnefs
S H Jenison, Judge
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State of Vermont}
District of Addison fs}
I Jedidiah S. Bushnell Register of the Probate Court for the District of Addison do hereby certify that the foregoing are the original proceedings of the Probate Court aforesaid in the matter of the application of Sally Smith for a pension
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 5th day of April A.D. 1846
Jed S Bushnell Register
Page 23

13701

Nathan Smith
Wayne County
New York

ef

David Eddy esq
John L. Cuyler Clk 
Wayne County Court
New York
Page 24

WAR DEPARTMENT,
Pension Office,
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necefsary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
----------------
A Statement, shewing the Service of Nathan Smith, Wayne County, NY
==========
Period when the service was rendered.
----------
called out 1777
Enlisted 1778
" 1779
" "
Enlisted 1781
Deponent states that he continued to serve in a company of Rangers until the close of the war
==========
Duration of the claimant's service
----------
Years. | Months | Days
----------
- 6 -
- 3 -
- 3 -
- 2 -
- 3 -
==========
Rank of the claimant.
---------
Sergeant
"
Private
Sergeant
Sergeant
==========
Names and Rank of the Company officers under whom he served.
----------
Capt Ormsby
Lt. Soper
Capt Ormsby
Lt Banchard
Capt Saxton
==========
Names and Rank of the General and Field Officers.
---------
Col Allen
Maj. Smith
Col. McCracken
Genl. Allen
Col Walbridge
==========
Battles in which the applicant was engaged.
==========
Country through which he marched.
----------
From Manchester to Rutland (Vt.)

Marched with Genl. Allen to Castleton
==========
Place of abode when he entered the service, and age at the present period.
----------
Aged 71
Manchester (Vermont)
==========
Evidence by which the declaration is supported.
----------
Living Witnefses

I am, respectfully,
Your obedient servant,
J L EDWARDS,
Commissioner of Pensions.
Page 25

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Records.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of ___}
County of ___} ss.
On this ___ day of ___ personally appeared (a) before ___ A. B. a resident (b) of ___ in the county of ___ and State, Territory or District of ___ aged (c) ___ 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 provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___, with ___ and served in the ___ (e) regiment of the ___ line, under the following names officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which he marched. [Right pointing hand symbol] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ___
Sworn to and subscribed the day and year aforesaid. ___ A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I ___ of the Court of ___ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ___ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this ___ day of ___ &c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the ___ and C. D. residing in (the same) hereby certify, that we are well acquainted with ___ , who has subscribed and sworn to the above declaration; that we believe him to be ___ 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 and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do 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 A. B. ___ who has signed the preceding certificate is a clergyman, resident in the ___ and that C. D., who has also signed the same is a resident in the ___ and is a credible person, and that their statement is entitled to credit.
I, ___ Clerk of the Court of ___ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of ___ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___ &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but it neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
Page 26

3

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroboration the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were your born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
{To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
-------------
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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 amount of pension he is entitled. 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 recollection, he served not less than the periods mentioned below, and in the following grades: - For ___ year ___ months, and ___ days, I served as a ___. For ___ months and ___ days, I served as a ___; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each 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. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. [THERE IS A BRACE (thus: ) ) ON THE RIGHT SIDE OF THE [e] PARAGRAPH.]
[f] The law makes the relinquishment indispensable.
[g] The opinion of the court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
[There is a brace, (thus: } ) to the right of c, d, and e.]

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends 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.
[There is a brace, {thus; } ), to the right of the above paragraph.]

Proof of Service.
[j] 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 claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he 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.
[Right pointing hand symbol] The notes from [a] to [i] are all equally applicable to the cases of Militia men, volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 27

WCS

Rev. & 1812 Wars Section

August 21, 1926

Mrs. V. H. Gottschalk
559 W. 156 St.
New York City

Madam:
I have to advise you that from the papers in the Revolutionary war pension claim, W. 24988, it appears that NATHAN SMITH was born in Nine Partners Township, Dutchess County, New York, in 1761 and was the son of Major Nathan Smith.
While a resident of Manchester, Vermont, he enlisted and served with the Vermont Troops as follows:
From June, 1777, six months as private in Captain Gideon Ormsby's Company in a Regiment commanded by Major Nathan Smith (who was his father).
From August, 1778, three months in Captain Sawyer's Company in Colonel Warner's Regiment; he was engaged in building a picket fort.
He served at various times from June, 1779, until sometime in 1782 as a sergeant under Lieutenant Blanchard, Captains Jonathan Ormsby and George Sexton, Colonels McCracken and Ebenezer Walbridge; he was engaged in building forts and scouting for Indians and Tories and the entire length of this service amounted to about eleven months.
He moved from Manchester to Shoreham, Vermont, date not stated.
Page 28

He was allowed pension on his application executed June 6, 1833, at which time he was a resident of Lyons, Wayne County, New York. He died there October 2, 1845.
He married September 25, 1784, in Manchester, Vermont, Sarah or Sally Henesy. She was allowed pension on her application executed May 29, 1846, at which time she was eighty years of age and was living in Lyons, New York.
Her daughter (her name not stated) married William Voorhies.
Respectfully,
E W MORGAN
Acting Commissioner
Page 29

[Left side]
1926 Aug, 21, hist
to Mis V h Gottschalk
wes

[Right side]
Revy WIDOW, &c.
=====
File No. 24988
Sally Smith
wid. of
Nathan Smith
Sergt. Rev war
=====
Act Feb 2nd 1848
Index: Vol S, Page 225
[Arrangement of 1870.]
Page 30

691
New York Albany
=====
Sally Smith
widow of Nathan Smith
who was a Sergeant
in the Revolution
=====
Inscribed on the Roll at the rate
of Eighty Dollars 00
Cents per annum, to commence on the 2d day of October 1845
Ending 4 Mar 1848
=====
Certificate of Pension issued
the 23d day of Sep 1851
and sent to
J B Gavitt
Deputy Clerk
Lyons NY
=====
[Acts of June 17, 1844]
Recorded in Book A
Vol. 2 Page 92
Page 31

[Left side]
Let Secy of Int Mch 29 / 58

V 12837
Sally Smith
N.Y.
------
Let to C P Lawton, July 27, '46
to same Dec 10 '46
to same Mar 29 '47
let to Hon E B Holmes March
9th 1848
Sent to Sec of Int March 21 / 58
Act 7 July '38
Page 32

12837
------
NY
------
Let to S B Gavitt 11 Agt 57

-----
Acts 7 July 1838
Page 33

In the matter of the
Application of
Sally Smith of
Lyons N.Y. for
a Pension
-----
Certificate of town Clerk
of Manchester Vt.
of no Record of
marriage
Page 34

I John Cooke of Manchester in the county of Bennington + State of Vermont of lawful age being duly sworn do depose + say. That I hold the office of town Clerk in said town of Manchester + county + State as above written + that I have carefully + diligently examined the records of said town + find no record of the Marriage of Nathan Smith to Sarah or Sally Henesy there recorded
John Cook Clerk
of the town of Manchester aforesaid

Sworn before me this 29th day of Aug 1846
J F Farnsworth Justice of the Peace
Page 35

State of Vermont
Secretary of State's Office
February 24 1847

I J M M Shafter Secretary of State of Vermont hereby certify that upon an original Pay Note of the revolutionary service of Capt. Jacob Odel's company on record in this office occurs the name of Nathan Smith with an allowance to him as Corporal for twenty five days service in an alarm commencing October 11th AD 1780.
I also certify that upon a like recorded payroll of Capt. John Benjamin's company occurs the name of the said Nathan Smith with an allowance to him of 81-6-8. for service from the beginning of the campaign to the 30th of June AD 1781.
I also certify that upon another like recorded payroll of the said Capt. John Benjamin's company occurs the name of the said Nathan Smith with an allowance to him for one hundred and fifty days service from the 1st day of July to the 27th day of November AD 1781.
Page 36

In witness whereof I have hereunto set my hand and affixed the seal of this office this 24th day of February AD 1847

J M M Shafter
Page 37

Dear Sir
The accompanying certificate is all that can do you any good. except the service of 45 days under Lt Soper. This service stands in the name of Nathl Smith. I haven't the original rolls here but should be at Montpelier on the 18th when I will see if the name is not mis recorded.
The rest of the service only tends to show that there was another of the same name as the service is at the same time with this certified. If I find anything under Soper that is if the original roll shows the name of Nathan Smith I will send an additional certificate
J M M Shafter
[illegible] $? [illegible]
Page 38

Mar 12 1841

Adal ter case
Sally Smith

10

Hon J L Edwards
Comm of Pensions
Washington
Dist Colu
Page 39

Lyons N.Y.
March 6 1847

J L Edwards Esqr
Comm of Pensions, &c

Drsir
Yours of the 10th Dec last was duly recd. + contents noted in reference to the application of Sally Smith for a Pension, as widow of Nath Smith decd. I have obtained a Certificate from the Secretary of State of Vt which you will please find inclosed.
You will perceive that it certifies to three items of services amounting to a little over 6 months. This I believe is sufficient + I hope you will find it consistent with a conscience discharge of your duty to allow her the pension - She is poor + suffering for the want of it + I can not but believe that hers is one of the worst meritorious cases on record
Your Obt Servt
C D Lawton
Page 40

45 days under Lt Soper name Nathl Smith - this is undoubtably our Nathan as he proves in his application a service under Lt Soper however there is enough without this - Yours +c
CDL
Page 41

Brief in the case of Sally Smith, widow of Nathan Smith, Wayne County and State of New York, 
acts 17 June 1844 + 2 Feb 1848.
======
Claim, ("original,)

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was a pensioner at $80 per ann, Marriage proved by living witnesses.

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?

S Cole
Examining Clerk.

Name of residence of Agent.
S B Gavitt
Dept Clerk
Lyons
N.Y.
Page 42

Ho of Reps
Feb 28. 1848

J L Edwards Esq

Dr Sir
Herewith please find a letter making reference in regard to Mrs. Sally Smith which I trust will give the desired result upon that subject
Yr
E B Holmes
Page 43

J L Edwards
Comr of Pensions
March 21. 1850

Respecting case of
Sally Smith Act of
July 7 1838.

Letter to S A Paugh
26th March 1850

84
2 Oct 45
Page 44

Pension Office
March 21st 1850

Sir:
In the case of Sally Smith, of New York, under Act 7th July, 1838, widow of Nathan Smith, in which an appeal is made by Mr. S. A. Paugh; her husband having been living so late as 2d October, 1845, and she not having been a widow at the time of the passage of the Act of 7th July, 1838, is not entitled to the benefits of that act, agreeably to a recent decision of the Department of the Interior.
I have the honor to be
Very respectfully
Your Obt Servant
J L Edwards
Page 45

Lyons Aug 6. 1851

Dr Sir:
I am requested by William Voorhies Esq of this place to make the following inquires of you, towit: Has there been any pension granted to Sally Smith wife of Nathan Smith within the last 4 or 5 years? if so how much? has any one procured the Certificate? Can you tell to whom. An immediate answer to this will very much oblige Esq Voorheis and your obedient servant
in his behalf
S B Gavitt

Saml Cole Esq
P.S. No particular news in this county. Please sent an answer to me.
S B G
Page 46

[illegible] Resolution
Sally Smith
wid of Nathan Smith
N.Y.

Mr Cole
March 5 1851

Ex by Mr [illegible]
March 1851
Page 47

Washington City DC
5th March 1851

Hon J C Heath
Comm of Pensions

Sir,

I herewith enclose you the application of Sally Smith widow of Nathan Smith of N York.
Her husband was pensioned at the rate of $80. per annum. The pension asked is at the rate of $120. per annum, as Sergeant for 2 years as the evidence abundantly proves. Mrs. Smith is now in her 90th year + hopis that the office will act with as little delay of her case as she is poor
Respectfully [illegible]
S A Peugh

P.S. I enclose you the old certificate of her husband.
S A P
Page 48

Payments to be made
at N York
by pusbd [illegible]
Agent for paying Pensioners,
in the Agency of
N. Y.

Recorded in the Pension Office,
in Book E Vol. 3
Page 19 by Go C Stiles
Clerk.
Page 49

WAR DEPARTMENT.

Revolutionary Claim.

I certify that, in conformity with the law of the United States of the 7th June, 1832, Nathan Smith of the State of N York who was a Sergeant in the Revolutionary Army is entitle to receive Eighty dollars and -- 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 12 day of Augt one thousand eight hundred and thirty three
Lew Cafs [Lew Cass]
Secretary of War.

Examined and countersigned.}
J L Edwards
Commissioner of Pensions.
Page 50

Lyons Sept 8 1851

Sam Cole Esq

Drfir [Dr Sir]:
Some time ago I was requested by Esq Voorhies of this place to make some inquires of you in regard to a pension for Mrs. Sally Smith his Mother-in-law. I Recd [Received] an answer to my letter to you from a Mr Evans. I think in your department, saying that Mrs Smith, if she was alive on the 3d March 1851, she or her heirs are entitled to a pension from the date of her husbands death! I immediately returned Mr Evans an answer saying that Mrs Smith was alive at that time and is now and requested him to say to me what was necefsary to the department to sufficiently establish that fact. to this I have received no reply! Now theres a matter I have no earthly interest in. no more than that which one neighbour falls to another. Esq Voorhies is an old man already seen his three score years and ten and the applicant is a very good woman. I may be asking Mr Evans too much to give me a little information as to what kind of evidence the department requires to establish the fact of Mr Smith being alive 3d March 1851 but if so small a matter was asked of
Page 51

me by an aged and respected woman or by any one in her behalf in my Official Capacity, I know that it would be a pleasure to answer.
Now what I want Mr Cole. is for you to give me this information. Will you be so kind as to write me as soon as pofsible?
Yours Respectfully S B Gavitt
Page 52

[Round stamp mark]
LYONS VT.
NOV 28

[Oval stamp mark]
PAID 20

Hon J L Edwards
Comr of Pensions
Washington
D.C.

Paid
Wa.75

[Written sideways]
Nov 27, 1846

Adal ter case
Sally Smith
Page 53

Lyons Wayne Co. N.Y.
Nove 21 1846

J L Edwards Comm
of Pensions}

Drsir,
In answer to yours of the 27th July last in relation to the application of Sally Smith widow of Nathan Smith decd. for a pension I herewith inclose the Certificate of the town Clerk of Manchester Vt. that there is no record of the Marriage in that office and the affidavit of Elijah Burton of the fact of the marriage he being present + of the date +c with certificate of his credibility + county Clerk's certificate which I believe supplies the defects +c -
The old lady is poor + feeble + is suffering for afsistence - + I trust you will find it consistent with your duty to grant her the relief she asks -
An early reply will much oblige
Your Obt. Servt.
C D Lawton
Page 54

[Round stamp mark]
LYONS VT
[Illegible]

20

Commifsioner of Pensions
Washington
Dist Cola

[Sideways of the left]
12837 June 8 1846

be
Sally Smith
June 7 1838
Page 55

Lyons N.Y. May 30 1846

Comr of Pensions
Sir,
Inclosed I send you the application +c of Sally Smith widow of Nathan Smith a revolutionary Pensioner for a pension under the act of July 7 1838
I believe it is full according to the instructions of the Department in all respects - She is a meritorious applicant and only waits but actually needs the pension - Please attend to the same promply + enclose certificate to me - or to her - at this place + oblige
Your Obt. Servt.
Chas D Lawton
Page 56

MRS. V. H. GOTTSCHALK
559 WEST 156TH STREET
NEW YORK CITY

Hon. Comm. of Pensions.
Pension Dept.
Washington. D.C.
Dear Sir.
Have you any record of the following men or their widows receiving pensions for their services.
War 1812 - Almeron (Almerin) Smith b. 1783 Manchester Vt. d. 1855/6 Dixon Fel. lived at Ticonderoga N. Y. Prob. Served from N. Y.
Revolutionary War - Isaac Whelpley of Vt. 
Gideon Smith of N. H. lived at Hanover
Nathan Smith of Shoreham Vt.
Sincerely yours
K C Gottschalk
559 W. 156th St.
N. Y. City

[Round stamp mark]
U. S. PENSION OFFICE
JUN 28 1926