Revolutionary War Pension and Bounty Land Warrant Application File S. 11412, for Elwiley Smith, Maryland
Page 1

(3-1776)

SERVICE
Md

Smith, Elwiley

NUMBER
S.11412
carded

CONTENTS
Page 2

R [E?] Smith July 14 1854 

32.959 
District of Columbia 
Elwiley Smith 
of St. Marys County in the State of Maryland 
who was a Private in the Company commanded 
by Captain John H Able of the — commanded 
by — in the Maryland 
line for 6 months 

Inscribed on the Roll of District of Columbia 
at the rate of 20 Dollars — Cents per annum, 
to commence on the 4th day of March 1831 to end [?] January 1845 
Certificate of Pension issued the 12 day of Dec 1831
and sent to F. S Evans Present 

Arrears to the 4th of 
Semi-annual allowance ending 

{Revolutionary Claim, Act June 7, 1832}

Recorded by A.H. Markland Clerk, 
Book E Vol. 6 Page 117
Page 3

Maryland Saint Marys County Court. On this eleventh day of August eighteen hundred and thirty two Elwily Smith of said County personally appears in open court before the County Court of Saint Marys County in the State of Maryland. I Elwily Smith resident of the said County and State aged sixty eight years and twelve days, 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 at June session 1832 that he entered into the service of the State of Maryland during the revolutionary war under the following officers Col. Richard Barnes Capt John Horn Abell William Bennett 1st Lieutenant, Benjamin Williams 2d Lieutenant, Robert Armstrong ensign, he entered the service in the year 1780, that he did not leave until the peace but continued to serve whenever called to resist the operations of the enemy in their incursions in Saint Marys County and that he consientiously believes that he was in the service eighteen months. that he was enrolled and entered into service when called, that he was engaged in an action at Pointlookout and that he also assisted in taking a small prize from the British vessels at Pointlookout, he also assisted in taking three persons in a petty anger belong to the british, that he was principally engaged in resisting the enemy on the shore of the Potomac River, that he knows of no person who can testify to his services save Josiah Biscoe, the rest of the officers & men are dead and that he has no documentary evidence in relation to his service. He hereby relinquishes every claim whatever to a pension or anuity except the present and declares that his name is not on the Pension Roll of the agency of any State.
Elwily Smith

Sworn to and subscribed in open Court the day and year aforesaid.
Jo Harris JP

We Peter Gough and Jenifer Taylor residing in the neighbourhood of Elwily Smith are well acquainted with Elwily Smith who has subscribed and sworn to the above declaration that we beleave him to be at least of the age of sixty eight years that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution engaged in the military service and we concur in that opinion.
Jenifer Taylor
Peter Gough

Sworn to and subscribed the day and year aforesaid in open Court
Jo: Harris Clk
St Marys County Court
Page 4

Interrogatories propounded to Elwily Smith a volunteer in the militia of the State of Maryland, Saint Marys County in the Revolutionary war who is an applicant for the benefit of the act of Congress passed 7th June 1832.
First. Where and in what year were you born
Answer. I was born in Saint Marys County in Maryland on the 29th July 1766.
Second. Have you any record of your age, and if so where is it.
Answer. My father John Smith kept a family register or record of the ages of all his Children. after his death my brother Peter Smith carried the register or record to Virginia where he resided until his death. since then I know nothing of the record.
Third Intero. Where were you living when called into service. where have you lived since the revolutionary war and where do you now live.
Answer. At the time I was called into the military Service I lived in Saint Marys County Md I have lived in Saint Marys County ever since the revolutionary war and still live in the same County.
Fourth Intero. How were you called into Service. were you drafted. did you Volunteer, or were you a Substitute, if a Substitute for whom
Answer. In July 1780 I Volunteered in the Militia Company commanded by Capt. John [illegible] Wm Bennett first Lieutenant, Benjm Williams Second Lieutenant and Robert Armstrong Ensign
Fifth Intero. State the name of Some of the regular officers who were with the troops where you served Such continental and militia redgments [sp] as you can recollect and the general circumstances of the Service.
Answer. There were no officers of the regular army in the Militia where I served. I do not recollect the number of our redgment [sp] I know that Col Richard Barnes Commanded the militia of our County and I believe that Col Ignatius Fenwick was Second in command to Col. Barnes. I assisted in taking three prisoners in a [illegible] [illegible] belonging to a British Vessel called Jack in a [illegible] at Pointlookout. I also remember that the British Vessels landed about 200 men on Pointlookout under the protection of their canon and compelled our Company to leave the point. the year after the above occurance I assisted in taking a small
Page 5

prize from two British Vessels at Pointlookout. and I continued 
in the militia service till the end of the war in  1783. 
Sixth Intero.
Did you ever receive a discharge from the Service 
Answer 
No I never did. 
Seventh Intero.
State the names of persons to whom you are known in your 
present neighbourhood and who can testify as to your character 
for veracity and their belief of your Services as a soldier 
of the revolution. 
Answer 
Jenefer Taylor and Peter Gough are in my neighbourhood 
and can testify as to my character for veracity and Josiah Biscoe 
of my neighbourhood can testify as to his belief of my services as a soldier of the revolution. Elwily Smith 
Sworn to and subscribed this 11 day of Aug 1832 in open Court 
Jo. Harris C
St. Marys County Court 

State of Maryland, Saint Marys County Sc. 10th August 1832. We 
Jenifer Taylor and Peter Gough of the County and State aforesaid 
do hereby certify that we believe that Elwily Smith of said County 
is of the age he represents, and that he is reputed and believed in the 
neighbourhood to have been a revolutionary soldier, and that we concur 
in that opinion 
Jenifer Taylor 
Peter Gough 

And the Court do hereby declare their opinion that Elwily Smith 
the above applicant was a revolutionary Soldier and served as he States 
C. Dorsey
I Joseph Harris Clerk of the Court of Saint Marys County, do 
hereby certify that the foregoing contains the original proceedings of 
the said Court in the matter of the application of Elwily Smith for a pension 
In Testimony whereof I have hereunto set my hand and Seal of Saint Marys County Court office this twelfth day of November in the year of our Lord one thousand eight hundred and thirty two 
Jo. Harris Clk 
St. Marys County Court
Page 6

State of Maryland 
St. Marys County Sc.
Satisfactory evidence has been adduced before me
by the Testimony of Wm L Smith and Wm A. Kirk Esq. 
respectable Citizens of the State and County aforesaid, and 
who are entitled to full credit, and upon their oathes [oaths] testify 
and say, that they were well acquainted with Elwily Smith deceased late of St. Mary's County aforesaid, who 
departed this life on the 10th day of January 1845 who 
left surviving the following Children viz Caroline E. Miles George H. Smith, Robert E. Smith, Mary E. Young, who are the only children surviving him. 
Wm. L. Smith 
Wm. Alex. Kirk 
Sworn and subscribed to before me the undersigned a Justice of the Peace of the State of Maryland, in and for St. Mary's County, on this 27th day of November 1851.
N. Furck J.P.
Page 7

Maryland Saint Marys County to Wit 
I hereby certify that N. Furk Gentleman 
before whom the aforegoing affidavit appears to have 
been made and who hath thereto subscribed his name was at the time of so doing and still is a Justice of the peace of the State of Maryland in and for Saint Marys County aforesaid, duly Commissioned and Sworn- 
In Testimony whereof I hereunto 
Set my hand and affix the Seal 
of Saint Marys County Circuit Court, 
this 29th day of November in the 
year of our Lord, One Thousand eight 
hundred and fifty one - 
James T Blakestone Clk
Page 8

Copy Will of 
Elwiley Smith
Page 9

In the name of God Amen. I Elwily Smith of Saint Mary’s County in the 
State of Maryland being in perfect health of body and of sound and 
disposing mind memory and understanding considering the certainty 
of death and the uncertainty of the time thereof and being desirous to 
settle my worldly affairs and thereby be the better prepared to leave 
this world when it shall please God to call me hence do therefore 
make and publish this my last will and testament in manner and 
form following that is to say — First and principally I commit my 
soul into the hands of almighty God and my body to the earth to be decently buried 
at the discretion of my executor hereinafter named and after my debts 
and funeral charges are paid I devise and bequeath as follows — 
Item 1st I give and bequeath to my daughter Caroline E. Miles for her sole 
and seperate [separate] use exclusive of any control of her husband Thomas H Miles 
the following negro slaves now in the possession of the said 
Thomas H Miles to wit: Negroes Betty, Edward, Betty, Arthur Patrick 
Gilbert, Martin, Arnold, Matthias, Sandy, Peter, Teresa, Susan, Sally 
Charles and Louisa and their increase, for and during the term of the 
natural life of her the said Caroline E. Miles and after her death 
I will devise and bequeath that the said Negro slaves, and their increase 
so herein before bequeathed to my daughter Caroline E Miles 
for her natural life should be and become the property of her 
husband Thomas H. Miles during the term of his natural life, and 
after the death of the said Thomas H Miles and Carolina Miles my will is and I hereby so direct and bequeath that the 
said negro slaves and all their increase and issue therefrom shall 
be divided between my granddaughter Ann Celestin Miles 
and my grandson George E. Campbell in the following proportions to wit 
Two thirds thereof in value to my grandaughter Ann Celestin Miles; 
and the remaining third thereof in value to my grandson George 
E. Campbell, and my further will and desire is and I hereby so 
direct and bequeath that if my said grandson George E. Campbell 
should die before the age of twenty one unmarried and without 
issue at the time of his death then all the interest hereby bequeathed 
to him in the said negro slaves and their increase and issue 
shall enure to and be the right and property of my granddaughter Ann Celestin Miles: and if both my said grand daughter Ann Celestin Miles and my said Grandson George E should die unmarried before the age of twenty one and without issue at the time of
Page 10

their deaths then I will and bequeath all the interest herein before bequeathed to them in the said negro slaves and their increase and issue to my son George Henry Smith to him and his heirs forever. Item 2 - I will and bequeath all the household and kitchen furniture forming utensils, stock of every kind and carriage now remaining in the possession of Thomas H Miles to my daughter Caroline E Miles for life remainder to Thomas H Miles for his life and after the death of the said Caroline E Miles and Thomas H Miles to be equally divided between my granddaughter Ann Celestia Miles and my grandson George E Campbell. Item # - I give and bequeath to my grandson George E Campbell and my granddaughter Ann Celestia Miles the sum of seventeen hundred and fifty dollars each the said sum of seventeen hundred and fifty dollars each by my executor herein after named to be paid to the said George E Campbell and Ann Celestia Miles after the death of my daughter Caroline E Miles. Item 4 - I give and bequeath the annual interest on the three thousand five hundred dollars (bequeathed in the foregoing Item to my grandson and granddaughter) to my daughter Caroline E miles during her life for her separate and exclusive use. Item 5 - I give and bequeath to my grandson George E Campbell the sum of one thousand dollars without interest to be paid to the said George E Campbell by my executor herein after named when he the said George E Campbell shall arrive at the full age of twenty-one years. Item 6 - I give and bequeath to my son Robert E Smith negro boys Theodore and John. Item 7 - I give and bequeath to my daughter Mary E Young three negroes to wit: Susan, Jane, Lucinda and Stanislaus now in possession of Holy Young Esq. Item 8 - I give and bequeath to my granddaughter Ann Celestia Miles negro girl named Rose now in the possession of Thomas H Miles. Item 9 - I give and bequeath to my grandson George E Campbell the following negro slaves to wit: Jane, Nealy, Natty and Little Peter the son of Mary. Item 10 - All the rest and residue of my estate both real and personal and misxed of whatever nature I will devise and bequeath unto my son George Henry Smith to him and his heirs forever. I hereby appoint my said son George Henry Smith executor of this my last will and testament; expressly charging the estate hereby devised and bequeathed to him with all my just debts and
Page 11

with all the pecuniary legacies herein before bequeathed.

In testimony whereof I have hereunto set my hand and affixed my seal this twenty-third day of March in the year of our Lord eighteen hundred and forty-four.

Elwiley Smith

Sign sealed and published and declared by Elwiley Smith the above-named testator as and for his last will and testament in our presence who at his request and in his presence and in the presence of each other hand subscribed our names as witnesses thereto.

Peter P Smith, R.M. Siscoe, Richard Clarke.

The last will and testament of Elwiley Smith late of Saint Mary's County deceased being this day during the recess of the orphan's Court exhibited to me for probate and Thomas H Miles who married a daughter and one of the next of kin of the said deceased appearing and thereto absenting and no one making objection to or filing any caveat thereto. I George Cumby Register of Wills for Saint Mary's County proceeded to take the probate thereto accordingly.

Certified by

G. Combs - Reg of Wills
for Saint Mary's County

Saint Mary's County to wit - The 4th day of March 1845 then came Peter P Smith and Robert M Biscoe two of the three subscribing witnesses to the aforegoing and annexed last will and testament of Elwiley Smith late of Saint Mary's County deceased and made oath on the Holy Evangels of Almighty God that they did see the testator therein named sign and seal this will and that they heard him publish pronounce and declare that same to be his last will and testament. That the time of so doing he was to the best of their apprehensions o sound and disposing mind, memory and understanding and that they respectively subscribed their names as witnesses to this will; in the presence and at the request of the testator and in the presence of each other; and talso that they did see Richard Clarke the other witness to this will subscribe the same in the presence and at the request of the said testator
Page 12

Certified by G Combs  Reg [registrar?] of Wills 
for St. Marys County

State of Maryland Saint Marys County to wit
I hereby certify the aforegoing is a true copy
In testimony whereof I have hereunto set
my hand and affixed the seal of the said
Court this the eleventh day of March in
the year of Our Lord one thousand
eight hundred and forty five

G. Combs Reg [registrar] of Wills
for St Marys County
Page 13

Rev War
11412
INVALID.
File No. 11.412
Elwiley Smith 
Priv. Rev. War
Act: June 7th 1832. 
Index:--Vol. A, Page 347 
[Arrangement of 1870.]
Page 14

Sept 19th 1851
Papers in case 
of Elwiley Smith 
of Maryland  14
Richard M Young 
Clerk of H. of Reps

Capt Triplett

James E. Heath
Commr of Pensions 

[Stamp:]
FREE 
R. M. Young 
Clerk
Page 15

5

ANNAPOLIS Md. 30 OCT

[illegible] H. Dunkinson, Esq
Washington,
D.C.

Mail
Page 16

Elwiley Smith, Maryland 

[illegible]

1832

[illegible]

L.M.
R. E. Smith
Page 17

No 38.212

Elwiley Smith dec'd
Md.
Act of 7th June 1832
___

Ths. Ewing Jr. Sept 22 18__
H. S. Erans Act 29 / 51

Sec'y of the Interior
Nov 25 1857
Page 18

County of Washington
District of Columbia

Personally appeared this 5th of December 1832 before me the subscriber a justice of the peace for the county aforesaid Elwiley Smith a resident of St Mary's County MD aged about sixty-nine years who being first duly sworn on the Holy Evangelist of Almighty God 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, 1832 that he volunteered his services in the militia of the state of Maryland during the revolutionary war, that he was actually & constantly in the service for eighteen months and upwards, that he was in the company of Capt. John H Abell and attached to the regiment commanded by Col Richard Burns all of said county & sate - that he has no documentary evidence to prove that he was in the service nor is there any witness living who can solely testify to the fact of his having been in the revolutionary war - that he supposed that Isiah Biscoe of St Mary's County could prove that he served in the revolutionary war as above stated but that he does not positively recollect that fact, although he says that he believes it - that at the time the deponents papers were made and he could not procure a clergyman to testify in the case as there were none within six or eight miles and it was not believed to be ultimately necessary.

Elwiley Smith

Sworn & subscribed to before me.
Tho Carberry
J Peace

I have been personally and intimately acquainted with Mr. Elwiley Smith of St Mary's County Md for many years and know him to be one of the most respectable men in that county - from my knowledge of Mr. Smith & his character for truth & punctuality, I feel confident that what he has testified to in regard to his revolutionary services is strictly & substantially true and that nothing could induce him that would make him to make a false representation either in this matter or anything else.

Tho Carberry
5 Dec 1832

SEAL
Page 19

State of Maryland
County of Saint Mary's

Before the subscriber a acting Justice of the Peace in and for the county and state aforesaid personally appeared William Langley aged 85 years who being duly sworn according to law deposeth and saith,

That he is the identical Wm. Langley who lately made an affidavit to the service of Elwiley Smith which is now he understands on file in the Pension Office.

That he lived on a farm adjoining that of Elwiley Smith during the revolutionary war - that the said Smith entered the service of the United States about the year 1780 as a private in a company commanded by Captain John Horn Abell which was stationed in St Inigoes district and engaged in protecting the shores of the Potomac and Chesapeake Bay against the British fleet - that said Smith continued in service being almost constantly under arms until the close of the war - a period of from two to three years.

Being there but about 16 years of age, did not himself enter the service but he frequently accompanied said Smith on his line of march, carrying his musket and messing in his tent.

His recollection of these incidents of that service is fresh and distinct.

Deponent states that Benjamin Wiliams was 2nd Lieut. in said company and knew him well, also knew Wm Bennett and Probe Armstrong, Mathias Clarke, James Langley, M R Biscoe, Joseph Bennett. He very often accompanied Mr. Smith and others because he had a brother James Langley who was drafted but hired Osten Swallow to go in his place. The greatest time the company was and sometimes six weeks and more and pretty constantly. He recollects when the ship Defense came from Baltimore to cut out some of the British fleet in the absence
Page 20

of the ship Roebuck as she went after water but the Roebuck returning chased the Defense up the Bay.

That the said Elwiley Smith died in Saint Mary's County in January 1845 and that he has no pecuniary interest whatever in the application of the heirs of said Smith for pension.

Deponent further states that in a skirmish with the British, the Americans had to retreat Captain John Horn Abell gave him his watch to run off with as he was young and could run better than he.

William Langley

Sworn to and subscribed before me tis 9th day of October 1850 and I hereby certify that the said William Langley is a man of undoubted truth and veracity.

N. Turck - JP

Maryland Saint Maryl's County

I hereby certify that N Turck gentleman before whom the aforegoing acknowledgment appears to have been made and who hath thereto subscribed his name was at that time of so doing and still is a Justice of the Peace of the state of Maryland in and for Saint Mary's County duly commissioned and sworn.

In testimony whereof I hereunto set my hand and affix the seal of Saint Mary's County Court this fourteenth day of October in the year of our Lord one thousand eight hundred and fifty-one.

Wm Maddox Clk
St Mary's County Court
Page 21

Ridge Md
July 9th

5

Wm H Dunkinson Esq
3 Audt Office
Treasury Dept
Washington 
D.C.
Page 22

State of Maryland
County of Saint Mary's

On this first day of July AD one thousand eight hundred and fifty-one personally appeared before me the subscriber a Justice of the Peace within and for the County and state aforesaid, William Langley aged eighty-eight years a resident of Saint Mary's County in the state of Maryland who being duly sworn according to law declares that Elwiley Smith served in the Revolutionary war and that he entered the service as a private in the company commanded by one Capt. John Horn Abell, regiment not recollected. That he served to the best of his knowledge between two or three years having seen him at different periods during the war in active service in St Inigoes District, St. Mary's Co. Md where said company was stationed to watch the movements of the English feet that were lying in the Potomac River. These facts are perfectly within his recollection and that he is a disinterested witness.

William Langley - SEAL

Sworn to and subscribed before me the day and year above written.

N Turck - JP

State of Maryland County of Saint Mary's

I hereby certify that Nicholas Turck Esq before whom the above acknowledgment was made and who has hereunto subscribed his name was at the time of so doing a Justice of the Peace in and for the County aforesaid duly commissioned and sworn.

In testimony whereof I have hereunto set my hand and affixed the seal of the St Mary's County Court for the o aforesaid this fifth day of July 1851.

Wm Maddox - Clerk
St Mary's County Court

SEAL
Page 23

Eliviley Smith 
Act 1832
Revolutionary pension
=
5
Presented by
Thn Ewing Sr.
Atty
Page 24

District of Columbia
County of Washington
Before the Subscriber an acting Justice of the Peace in and for the County and District aforesaid personally appeared Thomas H. Miller who being duly sworn according to law deposeth & saith:  That he is a resident of St. Mary's County  St. Inigors[?] District in the State of Maryland and for more than twenty years have been personally acquainted with William Langley a resident of the same District, who made deposition on the 1 of July last to the services of the Elwiley Smith , an applicant for a Revolutionary pension - that the said William Langley is a man of undoubted veracity in that community.
Tho. H. Miles
Subscribed and sworn to before me this 4th day of August 1851.
Saml. Smith J. P.  {seal}
Page 25

Elwiley Smith
Elwiley Smith

Jan 16, 1833
Ref to the Com on Revy Claims

Jan 18 1833
Ref to Comm Rev Pensions

Jan 22, 1833 - Com [illegible]

Mecklenburg Dist to Mil Pens
Mr. Jenifer
Page 26

22d Congress
2d Session

Congress of the United States
In the House of Representatives

January 16, 1833

On motion of Mr. Jenifer

Resolved that the committee on Revolutionary Pensions be instructed to inquire into the expediency of placing Elwiley Smith of St Mary's County, Maryland, and old soldier on the Pension list.

Attest: Mr. S. Clarke
Clerk
Page 27

5

ANNAPOLIS Md. 31 DEC

William A. Dunkinson, Esq
Washington City
District of Columbia

Mail
Page 28

Land Office
Annapolis, 30th Dec 1850

My Dear Sir

Having been absent from town for ten days past, your two letters did not reach me until my return home, or I should have replied to them before. The records of the Revolution in this office have been very carefully examined and they afford no evidence of the service of Elwiley Smith, there are no muster or payrolls of the company's or regiment of the officers under whom he is alleged to serve to be found anywhere. In regard to the services of Joshua Owings, I find upon a return of the select militia of Baltimore County that Joshua Owings was appointed 1st Lieutenant in the soldiers Delight Battalion commanded by Col Isaac Hammond on the 29th Aug 1777 but he record does not show how long he was in service or that he ever performed continuous service. The rolls of the militia troops are very imperfect, all the payment amounts, pay rolls etc. were sent on to the City of Washington many years ago to enable the General Government to adjust and settle the accounts between the Government and state and were destroyed by the burning of the public buildings and information of the details of their payments is not now ascertainable.

Very respectfully yours

G.G. Brewer

William A Dunkinson, Esq.
Page 29

Washington Oct 29, 1951

I have known William Langley for upwards of twenty-five years having been raised in the same neighborhood in which he has lived all his life and near neighbors to each other. My father owning a farm adjoining his - Mr. Langley has always been esteemed a man of honesty & truth - I have often heard his evidence in courts of Justice and have known him to be called by farmers of the place who did not exactly understand the boundary lines of their farms to have them adjusted by the evidence of Mr. Langley - which has never failed to give satisfaction, and I have never heard his honesty or veracity ever questioned. This I believe to be his general character.

Wm H Dunkinson
Page 30

We the undersigned were well acquainted with the late venerable Elwiley Smith for many years and always knew him to be a man of strict veracity & integrity. He was a planter of prominence & high consideration among his neighbors.

Washington, 30th October 1851.

W Matthews Rector of St Patrick's Church
Ed N Roach - Reg of Wills
Geo Thomas

I was well acquainted with Mr. Smith and know that all the statements put forth in the above paper are true. I am a native of St Mary's County and have had opportunity of knowing all his family.

James E Morgan - MD
Page 31

Washington City
Oct 29th 1857

I have been asked whether I know the late Elwiley Smith of St Mary's County, Md and answer that I did know him well by almost intimately and can with great pleasure say that he had as superior in all these sterling duties that characterized the gentleman of his day and did without concerning with the most significant epitaph inscribed upon his tomb an honest man is the noblest man of god - his word was his bod and as much to be credited always as if under the immediate solemnity an oath

R J Queen.
Page 32

Washington City October 29th 1851

I have been requested to state if I were acquainted with the late E Smith of Saint Mary's County, Maryland - in reply I will remark that his standing in the community for integrity and honor of the most elevated character belief and esteem by all who knew him.

I remain yours
John F Dorsey
Page 33

Washington D.C.
Oct 29th 1851

I have been requested to state if I was acquainted with the late Elwiley Smith of St Mary's County and what was his character and standing among his acquaintances. I can with great pleasure state that I was well acquainted with him and knew him to be a gentleman of great respectability of high character and integrity and held in the highest esteem by all who knew him.

Very respectfully

James McSherry
Page 34

47

November 25 1851
Pension Office
Com of Pensions

Ret: to the case Elwiley Smith on appeal of F S Evans.

Papers returned to the Com of Pensions at the request of Evans & Fant who have withdrawn their appeal see their letter on file of Dec 13/5

Cleary
Page 35

Pension Office
November 25, 1851

Sir

I have the honor herewith to transmit the papers of Elwiley Smith dec'd on which Mr. F A Evans appeals. The papers number 18.

Mr. Smith in his declaration claimed to have served 18 months but introduced only one witness to sustain his [illegible arguments?], and that witness not himself a soldier. The witness states that when Smith was in service his own age was too tender to allow him to engage in it, he being then but 16 years old. It happens however that this was the exact age of Smith at the time as appears from his declaration: But aside from this discrepancy it is certain that Langley had no means of knowing the number of tours in which Smith was engaged nor their duration: Such circumstances would not impress themselves on the mind of a stripling wandering [illegible] into camp or following a parade. The only question in the case then is whether this case shall be made an exception to the general rule, and be allowed, not because the service is pro-
Page 36

ved, but because it is possible it was rendered. I see nothing in its circumstances which should exempt it from the operation of the principles applied to all other demands of the same sort.

Very respectfully
Your obt servt

J E Heath
Comm. of Pensions

Hon A. H. H. Stuart
Sec'ry of the Interior
Page 37

46
Nov 21-1857

Washington
Nov 19, 1857

French S Evans

Appeals from the decision of the Comm of Pensions in the case of Elwiley Smith 

Mr. Tuplett

Ref'd to Comm of Pensions for a Report
Dept Int
Nov 20/'57
Page 38

Washington, Nov. 19th 1857.

Hon. A. H. H. Stuart
Secretary of the Interior
[illegible]

I am instructed by the representatives of Elwiley Smith, deceased, late of Saint Marys County, Maryland, to appeal from the decision of the [illegible] of pensions, in his case. 

Very respectfully
Your [illegible] servant
H. S. Evans
for Evans + Hart
Page 39

No 38,212

Elwiley Smith, Dec'd
Maryland
Act 7 June 1832
Adm'd 6 mos. per $0 per annum Comm 4 March 1831 ending 10 January 1845
Payable to
George Henry Smith
Ex't for the benefit of
Caroline E Miles
Mary E young
Robert E Smieth III
George Henry Smith
only surviving children

Adm'd by Commissioner
Dist Roll

F.S. Evans
Present
Page 40

Clerks Office Ho. of Reps US
Sept 19, 1851

Hon J E Heath
Comm of Pensions

Sir

I transmit herewith the papers in the case of Elwiley Smith of Maryland in compliance with the request from your office of this date.

I am very respectfully
Your Obt servt

Richard M Young
Clerk  - H of Reps U.S.
Page 41

This case is to be reexamined and then report made to R. E. Smith, case of Thos. H. Miley
Washington   D.C
July 13. 1814

[2 lines 2 feint to decipher below date]
Page 42

Land Office, Annapolis
29th oct. 1857 [??1851]

Dr Sir,
Inreply toyrs of the 25th recd yesterday  I have to inform you, that I find Capt John Horne Abell to have commanded a company in a battalion raised in St Mary's County, but am not able to find a muster race of his Company & can therefore furnish no evidence of the service of Eleviley Smith

Yrs very resptly
[illegible] Brewer
for  George G Brewer
Mr H Dunkinsero [??] Esq
Page 43

Brief in the case of Eleven Smith, decd
St Mary's County and State of Maryland
act 7 June 1832

Claim, ("original,")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Allowed by the Commissioner

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

Name and residence of Agent.
Examining Clerk.