Revolutionary War Pension and Bounty Land Warrant Application File W. 9657, for James Smith, Maryland
Page 1

(8-1776)
SERVICE
Md.
Smith, James
Margaret
NUMBER
W. 9657
CONTENTS
s.In Sept. 1755
res. at inl. Frederick Co. Md.
In 1832 res. of Adair Co. Ky
In 1835 in Gibson Co. Ind
d. Jan. 29, 1838.
Page 2

Indiana
22139
[Kentucky, crossed out]
James Smith
of Adair Co in the State of Kentucky
who was a Sergt & pr in the com commanded
by Captain Craizer of the Regt commanded by " in the Mayland line for 5 months private 4 months Sergeant
Inscribed on the roll of Kentucky
at the rate of 36 Dollars 66 Cents per annum
to commence on the 4th day of March, 1834.

Certificate of Pension issued the 12 day of Oct
1833 and Robert Cravens Columbia

Arrears to the 4th of Sept 91.65
Semi-anl allowance ending March 18.33
_______
109.98
_______
[Revolutionary Claim],
[Act June 7, 1832.]
Recorded by Danl Boyd Clerk,
Book E
Vol. 7 Page 28

died 29 January 1838
See Co To May 16, 1835

Transfered to Indiana from-
-4 Sept 1834. Ap. 1835--

Letter to J. F. D. Lanier 3d Audn
12 March 1841.

Paid at the Treasury under
Sergeant the act of the 6th April 1838
from 4 Sep 1837 to 30. Jany
1838. Agt Notified 15 April 1841

Paid at the Treasury under
the act of the 6th April 1838
from 4 Sep 1837 to 30. Jany
1838. Agt Notified 15 April 1841

let: 25th March 1842 
A.C .Miles
 



 
-
Page 3

Indian
2688
Madison
Margaret Smith
widow of James Smith
who was a Pri & Sgt
in the Md line
for 5 mo Pri.
4 " Sgt
-
Inscribed on the Roll at the rate of
36 Dollars & 66
Cents per annum, to commence on
the 4th day of March, 1843.
Certificate of Pension issued the
10th day of Nov. 1843
and sent to
W Manley
Marshall
Illinois
[Act of March 3, 1843].
Recorded in Book A
Vol.1
Page 181
Reject Nov 10
Page 4

 
10569
James Smith
Kentucky
from 1776 private
& Sept 9 months,
Pa. 5 mo 16.66
Sept 4 "   20.
_______
36.66
Papers again returned
Augt 1833
6.17
1833
5______
91.65
Robert [Creveng-crossed out ]^ Cravens
Columbia K
Page 5


BRIEF in the case of
James Smith
County of Adair in the State of Kentucky
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 77
4. State his service, as directed in the form annexed.
Period.
In 1776
1781
Duration of Service.
Years, 
Months,
3
2
2
2
Days.

Rank.
As a
Sergeant

Names of General and Field Officers
under whom he served.
Gen.
Capt Craiger  Lt Smith
Capt Carmock, Capt Morfit
5. In what battles was he engaged? York Town
6. Where did he reside when he entered the service? Maryland, Frederick County
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls? tradition
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Ch Wonest [illegible]
Examining Clerk.
Page 6

James Smith [Partial Page]
Page 7

10569
James Smith
lease
Declaratian [Declaration]
Page 8

Declaration of James Smith
State of Kentucky Adair County towit
 and this day of August 1832 personally
appeared before the Justices of the County
Court of Adair now sitting James Smith
a resident of Adair County aged seventy
seven 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 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated-
He entered the service in the State of
Maryland under Capt Craiger in the
year 1774, 5, or 6 to the time not exactly recollected Philip Smith was first Lieutenant of the company was in a ^skirmish about 7
miles from Brunswick in the State of
New Jersey. He resided at the time he
entered the service in the State of Maryland
Frederick County his first tour was 3
months as a regular. He then served 2
months under Capt Carmock & marched over
parts of the State of Jersey into the State of New York. He then served 2 months under
Page 9

Capt. Humphreys in the State of Virginia
and marched down about Williamsburg
& James Town Va. He then served a
2 months tour under Captain Morfet
and was at the taking of Cornwallis
& assisted in guarding prisoners to
Potomac river, there the militia took
^them and guarded ^them up to Fredericktown He states that he has no documentary evidence to prove his services and that he knows of no person, whose testimony he can procure, who can testify to his service.
He states that he was in all in service
about nine months. that he was at
taking of Cornwallis in Orderly Se^argent
previous to that time was Seargent of
lower grade. He hereby relinquishes
every claim whatever except the present, and declares that his name is not on the pension roll of the agency of any state, [a (if usage) only in that of the agency of Kentucky - crossed out]

Sworn to and subscribed, the day & year aforesaid
James his x mark Smith
 
We Samuel Wilson a clergyman residing in the County of Adair and [illegible] J G Walker 
residing in (the same) hereby certify that we
Page 10

are well acquainted with James Smith
who has subscribed & sworn to the above
declaration, that we believe him to be 77
years of age; that he is reputed and believed
in the neighbourhood where he resides, to have been a soldier of the revolution, and that
we concur in that opinion-
Sworn to & subscribed the day & year
aforesaid
Samuel Wilson
J G Walker
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 [James Smith - crossed out] Saml Wilson who has signed the preceding certificate, is a clergyman, is a resident in the County of Adair and that Jos G. Walker
who has signed the same is a resident in
the County of Adair and is a credible
person and that their statement is entitled
to credit
I William Caldwell Clerk of the County
Court of Adair County do hereby
Page 11

certify that the foregoing contains the
original proceedings of the said Court in
the matter of application of James Smith
for a pension
In testimony whereof I have hereunto
set my hand and seal of Office this
23rd day of August 1832 and Year
of the Commonwealth of
Kentucky
Wm Caldwell
[Paper seal]
Page 12

By way of amendment to his original Declaration the subscribed states that Maj. Cox was with the troops where this Applicant was at the time he marched upon a two months tour down about Williamsburg & James town and states that he was under Col. Campbell at the taking of Cornwallis. He states that if he even received a written discharge he does not recollect it if however he did he has lost it. He was born in the year 1755 in the month of September the day not recollected. He has no record of his age.  He states that he is known in the neighbourhood where he
resides by Samuel Wilson & Joseph G. Walker who have certified their belief of his service as a soldier of the Revolution and is known to a great many others who would testify that he is a man of veracity & that he is and has been reputed a soldier of the Revolution if it were necessary but ^he conceives that the certificate of the forgoing
named gentlemen is sufficient to fulfil the
requisitions of the Department -
his
James x Smith
mark
 At a county court began and held for the County of Adair at the Courthouse in Columbia on monday
the 1st day of April 1833 the amended declaration of James Smith for a pension was this day exhibited in open court subscribed and sworn to by said Smith and ordered to connected and attached
to his original declaration made of the
last August Term of this court and the said
Court declare their opinion that the statements made in said amended declaration are true
Page 13

Kentucky Adair County Set
I William Caldwell Clerk of the County
aforesaid do hereby certify that
the foregoing contains the ^original proceedings of said Court
in the matter of the application of James Smith
for a pension in his amended declaration
 In testimony whereof I have hereunto affixed the set my hand & affixed the seal of said court this 11th day of May 1833
Wm Caldwell acccs
 [Paper seal]
Page 14

Revolution Maryland
WIDOW, &c.
File No. 9657
Margaret Smith
Wid of
James Smith 
Sergt Md. line
-
Act: Mch. 3rd 43 ┃
Index: -- Vol. M, Page 220
[Arrangement of 1870.]
Page 15

Indiana 6902
Margaret Smith
widow of James Smith
who was a pensioner under the Act of 1832
and who died on the 29th January 1838
of Gibson Co. in the State of Indiana
who was a Pr. & Sergeant in the Maryland
commanded by Captain Craiger
of the regt. commanded by
the Maryland
line for 
5 mo Pr.      16.66
4  "    Serg.t 20.00
------------$36.66
Inscribed on the Roll of Madison Indiana
at the rate of 36 Dollars 66
Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the
12th day of
December 1842 and sent to A. C. Mills, Esq.
Princeton, Indiana
Arrears to the 4th of March 1841 $183.30
[Semiannual allowance ending- crossed out]
Rec.
[Act July 7, 1838.]
[missing text]
 Clerk
2, Page 221
Page 16

Reported to Agent
sent to A. C. Mills of
Princeton, Indiana on
13th. Dec. 1842.-
Also, see letter to A.C.
Miles (or Mills?) July 22
1842 in claim of
Aaron Redman, W. 9622
A letter written by
A. C. Miles which is in
claim of John Pritchett, N.C.
---
which pertains to this case
mmHJ
Page 17

State of Indiana
Gibson County Set
I. John R. Montgomery Clerk of the Gibson Circuit
Court do hereby certify that this day personally appeared Stephen Daugherty
before me who being by me duly sworn deposeth and saith that
Margaret Smith the Identical person who appeared before Robert McCray
one of the associate Judges of the said Gibson Circuit Court on the 9th
day of April A.D. 1842 and made a declaration in order to draw a
pension is the widow of James Smith Late of Gibson and State of Indiana
Deceased who was a pensioner of the United States
Stephen Daugherty
Subscribed and sworn to before me this 30th day of June in the year
of our Lord one thousand eight hundred and forty two: In Testimony
whereof I have hereunto set my hand and
affixed the Seal of my office at Princeton
the date last mentioned. I also certify that the
said Stephen Dougherty is a man of respectability
J R Montgomery, Clk
Page 18

Princeton J.A. March 12th 1840
Dear Sir
Some time in the fall of 1840 the Hon ^able George H. Proffit
took some vouchers with him to file in the war office of the United States
concerning obtaining a pension for ^Alice, Margaret Peggy Smith formerly
Peggy Alice Margaret Truax and not hearing any thing from him
or from the War office on the subject the old Lady wishes me to lay
the matter before you and request of you to see if said vouchers were
ever filed. her husband James Smith was a revolutionary soldier
and drew a pension up to the time of his death which I think
took place some time in the spring of 1838 on 39 and his Certificate
was sent by me to the pension agent some time in the first of March
1841 and by him Transmitted to the war office at Washington I herewith transmit all the voucher I can obtain of the Marriage
of the said James Smith and Margaret Smith Formerly Margaret
Truax and if by examination of the papers should you find her entitled
to receive a pension on behalf of her deceased husband it will be a
great relief and a consolation to her for she is very poor living
almost on Charity and is so old as to be almost entirely helpless and her
Children almost worn out by age and has to depend on one of her sons
who is himself very old and has the misfortune himself to become a
Criple [sic] there is no mistake but that her husband was an old veteran
of the Virginia Line and is entitled to a Land County but being poor
and having no friends to see to it for him he has never received it
but I am informed it is granted him and now on file in your office
and if she or her son could obtain the right to it now [] would
make their few remaining years years of hapiness [sic]
Page 19

They have sent by several members of Congress to see about it
and they say his name is registered and his title to draw the said Lands
matter of record and if your honor on inspection should find the old
lady entitled to draw a pension and the heirs of James Smith entitled to
land in question please inform me what is necessary to do to obtain
both or either as soon as he the said James Smith obtained his discharge
at the close of the revolution in 83 he went to his native county and married and soon after left for the wilds of Kentucky and from thence
was one of the first settlers of Indiana (or at least his Children were)
and has labored under the disadvantage of many of his comrades in
arms in not knowing how to obtain his Lawfull [sic] rights
and now if your honor will take the trouble to examine
into the matter and send me the necessary Information you will confer
a Lasting benefit on the old Lady and a numerous progeny.
I also about the same time transmitted to the war department
Sundry vouchers to obtain a pension for Mary Corbett widow of
Robert Corbett of the Pensylvania [sic] Line and have not received any
information of their fate
with the greatest respects I am dr Sir
your humble servant
A. C. Miles
The Hon Secretary of War}
Page 20

State of Indiana Ss.
I Samuel Hall president
Judge of the Circuit Court of Gibson County
in the State aforesaid, do certify that the
within certificate of John J Neely Clerk of
said Court is in due form, and by the proper officer
Given under my hand this
12th day of February A.D. 1835.
Saml Hall
Page 21

James Smith
(To Indiana)
J. L. Edwards Esqr Free
War Department
Pension Office
Washington City
D.C.
Princeton 
Feb 14
attn for transfer
77 Feb 26
James Smith
Assn Mar 3rd 3[illegible]
Page 22

Princeton La Feby 14th 1835
J L Edwards Esqr
Sir
 Inclosed [sic] you will find the
affidavit of James Smith a revolutionary
Pentioner together with the testimony of two
respectable citizens by which you will
discover that he wished to be removed from
Kentucky agency to that of Indiana

I am aware of the frauds which has
commited [sic] on the government but in
case you may rest assured there
thing of the kind in this case to the old
gentleman was present in my office
he made the affidavit
I am &c
John J Neely
Page 23

James Smith
Ken
(5.1
Robt Cravens 
Columbia
Page 24

BRIEF objections to the admission of Pension Claims, of which those
further proof or explanation.
answered in the negative, in red ink, will apply to the claim of
James Smith
which require further proof or explanation
1. 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? yes
V. *Has he mentioned with precision the length of his service, and the different grades in whom he served, in language so definite as to enable the department to determine to what amout [amount] of pension he
is entitled? Yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
No
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 25

2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary
service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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's name is not found on the rolls of military service, has he produced a witness
or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?
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? 1, 2, 5, 6, 7
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 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.
Page 26

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 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 shewn 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.
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 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.
QUERE XVI. Mode of authenticating
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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

Should state in which tours he served as a Sargent.
Page 27

State of Indiana
Gibson County Ss.
 I. John R. Montgomery, Clerk  
of the Probate Court in and for the county
and State aforesaid do certify that Alexander
Mitchel
is an acting Justice of the Peace in
and for said County duly commissioned
and qualified and that the foregoing signatures purporting to be his are genuine
In testimony whereof I have
hereunto set my hand and
affiseed [affixed] the seal of said Court
this Seventeenth
day of July in
the year of our Lord one Thousand and
eight hundred and Forty three
J R Montgomery, Clk
Page 28


TREASURY DEPARTMENT.
Second Comptroller's Office,
March 15th 1841
Sir:
Under the act of the 6th of April, 1838, entitled "An
act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States," The widow of James Smith
a Pensioner on the Roll of the Madison, Ind. Agency, at
the rate of Thirty Six Dollars and 66 Cents
per annum, under the law of the 7th June 1832, has
been paid at this Department, from the 4th of Sept. 1837.
to the 30th Jany 1838.
Respectfully yours,
Albion K. Parris
Comptroller.
To the Commissioner of Pensions,
Present.
Page 29

[Black Stamp: MARSHALL ILL JUL 23]
[Black Stamp: FREE]
J L Edmonds Esq.
Comr. of Pensions
Washington City 
DC
3242
July 31/43
Mag Smith
March 3rd/43
Indiana
$36.66 per An
William Lee Marshall
Illinois
Page 30

Marshall Ill. 22d July 1843
Sir. I have the honor to enclose the
application of Mrs Smith of Ind.
for a pension under Act 3d March 43
Very Respectfully
W. Manly
J. L. Edwards Esq
Page 31

No 8248
Margaret Smith
1 of James
Indiana
Page 32

State of Indiana Gibson County S.S.
On this ninth day of April one
thousand eight hundred and forty two personally appeared before me, Robert McCrary, one of the associate Judges of the Gibson Circuit Court
Margaret Smith, a resident of Montgomery Township in the County of
Gibson and State of Indiana aged Eighty seven years, (whom I hereby
Certify Cannot, from bodily infirmity, attend the Court) who being
first duly sworn according to Law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision
made by the act of Congress passed July 7, 1838 entitled "an act granting half pay and pensions to certain widows"" that she is the widow of James Smith who was a
in the army of the revolution and a pensioner
of the United States, and his Certificate for drawing his said
pension has been transmitted to the war department, she further declares that she was married to the said James Smith on the twenty eighth day of January in the year Seventeen hundred and eighty three,
and that her husband, the aforesaid James Smith died on the
twenty ninth day of January in the year Eighteen hundred and thirty
eight, and she was ^not married to him prior to his leaving the service,
but the marriage took place previous to the first day of January
Seventeen hundred and ninety-four, viz: at the time above stated
Witness A.C. Mills
Emeily Daugherty
her 
Margaret x Smith
mark
Sworn and scribed on the day and year above written before me
Robert M. Crary As J G.C.
State of Indiana
Gibson County set
⎬
I John R. Montgomery Clerk of the Gibson Circuit Court
Page 33

do hereby certify that Robert McCrary Esqr is one of the associate Judges
of the Gibson Circuit as aforesaid and that the foregoing signature purporting
to be his is genuine. In Testimony whereof I have hereunto subscribed
my name and affixed my seal of office
this Eleventh day of April in the year
of our Lord one thousand eight hundred and
forty two
J R Montgomery, Clk
Page 34


Princeton April 12th 1842
Dear Sir
I have in the first place to thank on behalf of the old Lady who is the subject of the communications passed between, for the promptness you answered my
Last. I have sin endeavoured to comply with the Law and requisitions, in the instructions
Sent as Close as the nature of the Circumstances would admit the old lady is aged
and suffering with an attack of the palsy which disenable her to go abroad and is
not able in fact to go out of her room without help, and I have to get Judge McCray
to go to her the distance of 16 miles, which by the bye is not much in a wooden Countryy but rather Tedious for me. who is not a mile from my office once in three
months. I hope the declaration will be satisfactory to your department as the old
Lady is living on Charity She could not recollect whether her husband was a private
soldier or an officer and I have therefore left that part blank but I presume the
certificate, for his drawing his pension is filed, as I remitted it some two years ago
to the agent for Indiana in order to be sent to the war department, and although
I have transacted business for him to enable him to draw his pension I have forgotten
other also, If for the amount she may be entitled to draw a certificate of an order
on the treasury Department could be forwarded I could immediately convert it
into Current funds for her, more expeditiously and at less cost, than to draw from our
agent here, but I do not understand your regulations
I Sir perceive by your promptness and the Cleanness of doing business in your
department that perhaps you can give me more light on the subject than any person
else I could aply to therefore, I would say that I wrote to the Hon Secretary of War
concerning some land that James Smith the husband of our present subject was entitled
to draw by out of Legislature of Virginia giving bounties to certain soldiers &c of the Revolution [] and not having received any communication on the subject I therefore
would request of you sir if not incompatible with your duty to give me some instrution concerning it. Mr Sherod Williams, once informed a son of the Late James
Page 35

that he had seen his name enrolled, and the particular lands allotted to him,
but on account of ill health a want of knowledge and a removed into the wilds
at that time, of the west, he never received the benefit of it, if it is his right and
it could be attained it would go for to relieve the declining years of the old lady
and a cripled [sic]son who is also an old man, your duties sir I presume to be arduous
and I would not wish to give you any additional trouble but by the regularity
I perceive to exist in your department thought perhaps you could inform me with
more Clearness than any person else and knowing that you had been so long
time at the head of the pension bearau [sic], and a wish that that the old soldiers and
their offering may not go down to the grave, with unkind feelings for an ungratfull [sic] Country is my appology [sic] for this communication
I am an sir with feeling of Greatfullness [sic] your most obedient Servant
A. C. Mills
J.L. Edwards Esqr
Page 36

State of Indiana
Gibson County Set ⎬
On this Twelfth day of February 1835
before me the Subscriber a Justice of the Peace for the said
County of Gibson personally appeared James Smith who on
his oath declares that he is the same person who formerly
belonged to the company commanded by Captain Humpheys
in the Regiment commanded by Col Campbell in the service of
the United States that his name was placed on the Pension Roll
of the State of Kentucky from whence he has lately removed
that he now resides in the State of Indiana and in the said
County of Gibson where he intends to remain and wishes his
Pension to be there payable in future. The following are his
reasons for removing from the State of Kentucky to the State of
Indiana, to wit, That all his children had removed from
Kentucky to the State of Indiana and that he removed there
for the sole purpose of spending the remnant of his days
with his children
James Smith
Sworn to and subscribed
before me the Day and
aforesaid.
A. C. Mills J Peace

State of Indiana
Gibson County Set
On this 13th Day of February 1835
Andrew Smith and Stephen Dougherty
personally appeared
before me the subscriber a Justice of the Peace for the County
aforesaid who being first duly sworn according to Law depose and say that from a long and uninterrupted
Page 37

acquaintance with James Smith they know that he is the identical person described in the foregoing affidavit to which his name is subscribed and further they
say not.
his
Andrew x Smith
mark
Stephen Daugherty

Sworn and subscribed to
before me the day and Year
last aforesaid
A. C. Mills I Peace
I also certify that [James - crossed out] ^Andrew Smith and Stephen Dougherty
are reputable persons and persons
of truth and veracity
A. C. Mills J. Peace

State of Indiana
Gibson County Set 
I John J Nieley Clerk of the Circuit Court
for the County ^aforesaid certify that Asa. C. Mills whose name is subscribed to the foregoing certificates is and was at
the time of subscribing the same a Justice of the Peace for the County afsd duly commissioned and qualifyed [sic]
and the afsd signatures purporting to be his aregenuine- 
In testimony whereof I hereunto set the
Seal of said Court and subscribe my
name this 12th day of February 1835
John J Nieley Clk
Page 38

State of Indiana
Gibson County ss On this thirteenth day of July
in the year of our Lord one thousand eight
hundred and Forty three personally appeared
before the subscriber an acting Justice of
the Peace in and for said County Margaret
Smith a resident of the State of Indiana in
the County of Gibson aged Eighty six years, who being first duly sworn according to law
doth on her oath make the following Declaration in order to obtain the benefit of the provisions made by the act of Congress, passed on the 3rd of March 1843 granting Pensions to widows of persons who served in the Revolutionary war, that she is the widow of James Smith, who was a private in the Army of the Revolution and served as set forth in his
original Declaration now on file at the war
office of the United States, that she was a penscones [sic] under the act of July 7th 1838 at the rate of Thirty six Dollars and sixty six cents per annum. she further declares that she is still a widow, and I Alexander Mitchel the
acting Justice in the case do hereby declare
that the above named Margaret Smith is
personally known to me and I believe her to
be the widow of the aforesaid James Smith
Page 39

Sworn to and subscribed
this thirteenth day of July
in the year of our Lord one
thousand eight hundred and
Forty three.
Alexander Mitchel
Justice of the Peace [Handwritten seal]
her
Margaret Smith
Mark
Wm Lynn
Jesse Montgomery
 
State of Indiana
Gibson County Ss.. Before the subscriber a Justice of the Peace in and for the County and State aforesaid personally appeared Stephen Daugherty and Jane Daugherty who being duly sworn according to law
upon their oaths say that they have been acquainted for a long series of years with Margaret Smith named in the foregoing declaration and that she is still the widow of James Smith and has not intermarried since his death
Stephen Daugherty
her
Jane x Daugherty
mark
Sworn to and subscribed
before me Alexander White
this thirteenth day of July 1843]


I certify that Stephen Daugherty and Jane
Daugherty, who subscribed and swore to the
foregoing deposition are credible witnesses
Alexander Mitchel JP [Handwritten seal]
Page 40

State of Kentucky
Adair County Ss.
Be it Remembered that on this 12 day of Sept
1833 before the subscriber a Justice of the
peace in and for the County of James
Smith a resident of the County of Adair
State of Kentucky and made oath in
due form of law that on the 9th day of
August 1832 he made his declaration
in the Worshipful County Court of
Adair for a pension under the act of
Congress of June 7th 1832 and on the
1st of April 1833 he in the same Court
made an amendment thereto to which
Declarations he offers this as an amendment, he here beg leave to correct
a mistake in his original declaration
as to his first tour he now sees it is
stated to have been a tour of three months
as a regular this was clearly a mistake
he served as a volunteer matcheman [sic]
instead of regular as there stated afterward
the company was classed and he served
as he has hiritofore [sic] stated in his former
Declarations and send making said declaration he recollects that some short time
after he served the first tour under
Page 41

Cape Cormack of two months he was according to his Class called out a second time
for two months under the said Capt Cormack and Joined Col Woods regiment in
this tour he was marched ^to Jersey and had a
skirmish in that State near quibble
town he faithfully served out his tour
of two months and was Honorably
Discharged the recd no written discharge
he states that the tour he served
under Capt Humphreys he was a
Sergeant what is called Second Sergeant
and the tour he served under Capt
Moffet at the taking Cornwallis he
was regularly appointed orderly Sergeant
when he entered the service and continued to discharge that duty the whole of the
Tour and untill [sic] he was discharged
the second tour he served under
Cormack is an addition to the services
named in his former declaration
which when aded [sic] makes a service
of Eleven months all of which
Page 42

services he most positively states was
done and performed by him in the
war of the revolution for and in
behalf of the United States in a
Corp Called into service by Competent authority and for the time
during which the services was performed he was not employed in
my civil pursuit and that he
was in the field or in garrison
and for which service he claims
pension subscribed and sworn to
this day and year of? 
his
James x Smith
mark
State of Kentucky
 Adair County ⎬ ss
 I Daniel Suddarth one of the Commonwealth Justice of the peace in and for the County of ? do hereby Certify that on this day James Smith of this County signed and sworn to the above declaration before me and I further certify that
said Smith is a Credible person and
his statement is entitled to Credit and
I have no doubt he served as he states
Given under my hand as Justice aforesaid
the day & year first written
Daniel Suddarth JP
Page 43

State of Kentucky Adair County Set
I William Caldwell clerk of the County Court for the County aforesaid
do hereby certify the Daniel Suddarth
whose name appears to the foregoing certificate
is an ^was at the time of Signing an acting Justice of the peace in & for the County of Adair & that faith & credit
is due & ought to be given to all of his office
al acts as such & that [his- crossed out] ^the signature [is genuine- crossed out] annexed to said certificate is his genuine Signature
In testimony whereof I have
hereunto set my hand & affixed
[my Said - crossed out] ^the seal of [office- crossed out] Said office. Given under my hand
this 14th day of September 1833
& 42nd year of the Commonwealth
of Ky. Test
Wm Caldwell
cacc
[Paper Seal]
Page 44

[Black Stamp: PRINCETON InD NOV 29]
[Black Stamp: FREE]
Hon Hugh S. Legare
Attorney General U.S.
Washington City
D.C.
$36.66 per ann.
Act 7 July 1838
-
Send cert: to
A. C. Mills Esq
Princeton,
Indiana
Page 45

25
[Black Stamp: Illegible]
A. C. Mills Esqr
Princeton
Gibson County
Indiana
Page 46

Ymoro all men by these presents that we James Smith an John Meane an held and firmly bound unto his excellency
Benjamin Harrison Governor of the Commonwealth of
Virginia for the time being on the full and just sum of Fifty pounds current money to be paid to the said Benjamin Harrison
and his successors in trust for the said Commonwealth
we bind ourselves and each of us our and each of our heirs
executor and administrators jointly and severally party by
these presents signed with our seals and dated the 25th day
of January 1783
The condition of the above obligation is such that
whereas there is a marriage shortly intended to be hand and
solemnized between the above named James Smith & Margaret Truax spinster of Shelburne Parish. Now if there shall be
no lawful cause to obstruct the said intended marriage, then
the above obligation to be void else to remain in full force and nature
James Smith [Handwritten seal] 
John Meane  [Handwritten seal] 
Sealed and delivered
in the presence of
Chas Binns
A Copy Tiste
C W G Eskridge CLK

Virginia Loudoun County to wit
I Charles G Eskridge Clerk of the County
Court of London in the State aforesaid do hereby certify
that the foregoing is a true transcript from the original bond as the same now remains filed in my office
In testimony whereof I have hereunto
set my hand and affixed my seal
of Office this 2nd day of February
1841 and in the 65th year of the
Commonwealth
C W G Eskridge CLK
Page 47

[Black Stamp: PRINCETON Ind MAR 15]
[Black Stamp: FREE]
The Hon Secretary of War
Washington City
D.C.
Page 48

Sir
I have sent you the only evidence of the marriage of Wm Berry and Margret Truax. it appears that the said did not
require the ministers to return a list of Marriages until about
the year 1799 as appears for the record of marriages in my office, this evidence has in the general been received
yours Respectfully
C W G Estridge
---
Princeton Ind.  Mch 12/42
A.C. Miles
What action has there
been on pension claim of Margaret Smith& Mary Cosbolt
M 122 Recdmarch 24/42
Pension Office.
Wm Allrin
Page 49

Princeton Gibson County Ind Nov 21st 1842
Dr Sir
Some time in March last I addressed a letter to the Hon Secretary of War on behalf of an Indigent old lady the widow of a Revolutionary Soldier concerning a pension for her, and in answer to the same on the 7th of April
[] I recd a communication from the Commissioner of Pensions of which I
give the closing paragraph" Mrs Smiths husband died in Jany 1838 and the
was married in 1783. She is therefore entitled to claim a pension under
act of July 7th 1838, and should make a declaration as required in the one
closed printed sheet. the Proof of the period of the marriage has been filed with
her husbands paper. (Signed) J L Edward "this of course gave the old
lady great joy to think now in her old age and being entirely helpless she
would no longer have to depend on cold Charity for her support, according to
the enclosed from the commissioner I had the declaration made out and directed
the same to him. Shortly afterwards I Recd from the Commissioner a further
communication dated April 25th 1842 the first paragraph of which touching that
matter I give a sir the declaration of Mr Smith, Widow of James Smith
Decd has been examined and filed before a final decision can be made some
evidence of her identity as the widow of James Smith, late a pensioner,
should be produced (Signed, J.L. Edwards, which proof I had accordingly
made out and returned the same to the Commissioner, shortly after I had a
further communication from him dated July 22d 1842 the first paragraph
touching that matter I give a "Sir the additional proof in the case of Mrs
Margaret Smith Widow of James Smith has has been filed. The attorney
General has recently given it as his opinion that those widows whose husbands were alive on the 7th June 1832, are not entitled to the benefits of the act of July 7. 1838. James Smith died on the 29th January 1838. The claim
of Mrs Smith cannot therefore be allowed," if the aforesaid opinion has been
given and is correct. (which I clannot doubt) I am sorry for the old lady for
she is bound for the ballance [sic] of her few days to live on the charity of the world
while her husband was alive and drew his pension they got along tolerably well
I cannot see the reason why a poor widow whose husband have died "since 1832
should not be entitled to relief as well as those that died previous, and such is
the oppinion [sic] of the attorney General, I think such like case should be reported
Page 50

to Congress
Dr sir, this old lady's disappointment (after thinking she had relief just at home), is my appology for troubling you with this communication which I so at her request in order the better to pacify her feelings and in hopes that you may look at said decision.
I am sir your most obedient servant
A.C. Mills

Hon Hugh S. Legare
Atty General