Revolutionary War Pension and Bounty Land Warrant Application File R 9732, for Francis Smith, Virginia
Page 1

SERVICE
Va.

Smith, Francis

NUMBER
R 9732
B. L. Wt. 2074-200-Lieut.
Issued Apr. 26, 1798
No papers.

CONTENTS
Page 2

General Land Office
March 21st, 1856.

Sir:
I have to inform you in reply to your letter of
the 5th instant, that U S [Illegible] No
2194, for 200 acres, issuedApril 26th, 1798, in
[Illegible] of Lieut Francis Smith, Continental
Line, was [illegible] amounting to [illegible]
acres, located in the U S [illegible] district, Ohio
on Lot No 2,. [illegible] 4 Range 16'', and
patented in 1800, in favor of [illegible] Wells, & [illegible]
This tract of land is situated in Delaware
County, Renton Township, Ohio
J. W. [illegible], G
Abingdon,
Co.
I am Sir,
[illegible] Obt Servant
Thos Asterly
Commissioner
Page 3

I William Smith of the county of Greenbrier, do hereby certify that my Father Francis Smith late of the county of Chesterfield & State of Virginia, departed this life about the 3 of April 1833, as I have been informed by my nephew Dr. F. W. Roddy of the city of Richmond - I can also add that I have always understood that my Father was an officer in the war of the revolution 
Wm Smith

Va Greenbrier County towit-
This day personally appeared
before the undersigned a Justices of the peace in & for the
County of Greenburn aforesaid William Smith and made
oath-- that his foregoing certificate is true. Given under
my hand of this 18th day of June 1855
Mark L Spotts J.P.
Page 4

Wart 2074 fro  200 acres iss
Apr26th 1784 Frances Smith
Lt Va Line _
Recd Commutation pay
Vol. 4. Page 9
Rec Land from Virginia
Page 5

The Declaration of Catharine Findlay Grand Daughter
of Lieutenant Francis Smith, an officer of the
Revolution in the Original Continental line for
the purpose of obtaining his Bounty Land and
pension due from the United States, under the
Acts of Congress passed 1778, 1780 + 1828, Granting
Bounty Land, half pay, and full pay for life.
State of Virginia
County of Washington ⎬ SS. On this 25th day of April
1854 personally appeared in open Court, for the County
aforesaid, Catharine, wife of Alexander Findlay 
who in due, and solemn form of Law, doth, on
her oath declare, that she always understood
her Grand Father [crossed out: Grand Father] Lieut Frances Smith
was an officer in the War of the revolution, and
by Certificate from the Auditor of the State of Virginia,
it is shown, that the said Lieut Francis Smith,
was a liutenant in the Virginia Continental line
that he served in said war, and in said line
from the 1st day of February 1777 to the 24th day
of december 1782 - that he received for said
service from the State of Virginia, the amount
of Bounty Land promised by said State Viz.
2666 2/3 acres, and that Warrant did Issue to the
said Liet. Frances Smith for said amount of
Bounty Land on the 22d day of December 1782
marked and No. 70. that the said Liet Francis
Smith, did, on the 23d day of November, 1784.
receive sixteen hundred dollars, commutation ┃
pay, under the Act of Congress of 1783. that the said
Lieut Francis Smith, died in the County of Chesterfield
State aforesaid on the __ day of 1833, that
under the act of Congress of 1780, Granting to officers

[In right margin:] Act granting Bounty Land 1778-1780. - Act granting half pay for After 1780. - Commuted by act of 1783.
Granting five years full pay to officers & $80 ea year to soldiers, Act of 15th of May 1828 granting
full pay for life and [illegible] in the line and soldiers $80 ea year
Page 6

half pay for life, the Heirs Claim said half pay
up to the passage of the act of 1783, granting five
years full pay, the pay under the [inserted:] last of 1780 is two
years and seven months at 320$ per anum or
half that and. that being the monthly pay
make the sum of..............................................................................................$413
They Claim Interest on that sum from the
yea. r 1783, up to 1854 - Making Seventy one years
Which makes the sum of..............................................................................1759.38
this is the amt of Claim under the act of
of 1780...............................................................................................................$2172.38
the Heirs Next claim under the
Act of Congress passed on the 15th day May
1828 Granting full pay for life, to take
Effect from the 3d of March 1826 and that
he never received said full pay, which, from
March 1826 to 1833 in seven years at
$320 pr Annum will make the sum of.....................................................2240
they claim Interest on said sum from the
year of his death 1833, up to 1854, making
Eleven years, at Six for [illegible] will make the sum of....................1478.41

this amt claimed, under act of 15th of May........................................$3718.41
1828, added to the amt under Act of 1780. Will
make the sum of............................................................................................$5890.79
Exclusive of 200 acres of Bounty Land
promised by Congress
That when the said
Lieut. Francis Smith died, he left no widow,
but left the following named children, viz, Rebecca
unmarried who died in the County of Chesterfield
in the year 1850, Francis, who resided in the County
of Washington who is dead & left Issue one Daughter
Page 7

Wife of Wyndham Robinson of said County
Catharine, who married Hickmon Spiller, who is
dead, leaving Issue two children, Catharine Flindlay
the Declarant, of Washington County and her brother
William H. Spiller of the County of Wythe Lewis
Smith of the County of Washington, who is dead leaving
Issue one son Ballard, of said County, Ballard
and William Smith of the County of Greenbriar
Sarah Smith, who married Frederick Y. Roddy
a widow, residing in the Town of Manchester
Joseph Smith, who is dead, leaving Issue, three
Children Viz Elizabeth, who is the wife of John L.
Mitchell of Washington County, Francis who resides
in the State of California & Catharine who was
the wife of Alexander Campbell of the County of
Smyth who is dead, leaving Issue, (Viz.. Thomas
Joseph, Francis, Elizabeth, and Ellen S. Campbell,
these are the children, and Grand Children of
the said Lieut. Francis Smith, and his Heirs at Law
the Heirs set forth their claim, on the facts, 1st, that
Lieut Frances Smith did perform the service claimed
which they prove by Certificate of the State Auditor,
2d for that service, [illegible] part of his part-to wit, his
Bounty Land from the State of Virginia, 3d that
he did receive $1600, under the act of 1783, up to 1788,
at which time, said act Expired 4th What they now
Claim, is under the act granting Bounty Land, 200
acres & half pay under the act of 1780 to the passage
of Act in 1783, called Ccommutation; they claim
the Interest, 5th, they claim under the act of
Congress of the 15th of May 1828; taking effect in
1826, up to the day of his death, and the Interest
thereon till paid, 6th they pretend not to claim
Page 8

under the act of the 9th of June 1832, believing
such a claim would not be just. nor would
he be [illegible] by Sum.
Catherine A Findlay

Sworn to subscribed & acknowleded in open
Teste
Jacob Lynch C. C.

State of Virginia. Washington County to wit
I Jacob Lynch Clerk of the Court of the said County of
Washington do hereby certify that the foregoing declaration
of Catharine A. Findlay Grand daughter of Lieutenant
Francis Smith an officer of the Revolution in the Virginia
Continental line, was subscribed and sworn to in open
Court on the 25th day of April 1854 and that the same
was ordered to be certified. And I do further certify that
I was further ordered to be certified that it appears by legal
and satisfactory evidence to the court, to wit, by the testimony of
Peter J Branch who personally appeared in court, and was
duly sworn, that the said Catharine A Findlay the
person who signed and made oath to the said declaration
is the Grand daughter of the said Francis Smith deceased,
and that she and the other persons named in the said
declaration are the children and grand children of
the said Francis Smith deceased. that the said
Peter J Branch further on his oath stated that he is
now fifty eight years of age, was born and raised in
the County of Chesterfield, that he knew the said
Francis Smith from his earliest recollection up to the
time of his death which he thinks was in the year 1833
that he has always been and is now intimate with
Page 9

the family of the said Francis Smith, and I was
further ordered by the court to be certified that the
said Peter J Branch is a reputable person, and that
he is of the age above stated.
In Testimony whereof, I have hereunto
subscribed my name and affixed the
seal of the said Court this 26th day of
April 1854
Jacob Lynch C. C.
Page 10

March 14, 1938.

BA-J/ILL
Francis Smith
R. 9732

Mrs. L. B. Hall
5406 Vanderbilt
Dallas, Texas.

Dear Madam:
Reference is made to your letter in which you request the
Revolutionary War record of Lieutenant Francis Smith (wife Elizabeth
Waddy) of Virginia, also, the records of Joshua Smith (son of James
Smith) of Louisa County, Virginia, and that of James Smith of Louisa
County.

Because of the great demand for Revolutionary War data and
the limited clerical force available for furnishing such information,
it is impossible to comply in full with each request pertaining to
soldiers of that war. The record has been found of only one Lieutenant
Francis Smith of Virginia; the data which follow are found in the papers
on file in pension claim, R. 9732, based upon his service in that war.

Francis Smith was born and reared in Chesterfield County,
Virginia, his age, and the names of his parents are not shown.

Francis Smith entered the service in the Revolutionary War about
February 1, 1777, was appointed a Lieutenant in the Virginia Line,
acted as Adjutant in 1780, at Chesterfield Court House, and [crossed out: left the] [inserted:} served until 
[crossed out: service] November 29, 1782. The date of his commission as Lieutenant is
not shown in this claim.

On account of his service as Lieutenant in the Virginia troops,
War of the Revolution this officer was allowed 200 acres of bounty land on
warrant #2074, issued April 26, 1798, by the United States. He was allowed
land, also, by the State of Virginia on account of said service as Lieutenant.

Lieutenant Smith died in Chesterfield County, Virginia,
Page 11

the date of his death is shown as April 19, 1835, copied from the
account book of "Fr. Smith, Jr.", executor of "Captain Ff. Smith of
Chesterfield".

Lieutenant Francis Smith married in Chesterfield County, Virginia,
Miss Price; the date of this marriage is not shown, nor her
given name. There is no reference to any other marriage of this
officer in this claim.

The names of the children of Lieutenant Francis Smith, the
above noted officer, are shown as follows:

Rebecca, unmarried, who died in 1850, in Chesterfield County, Va.

Francis, who resided in Washington County, Virginia, deceased
in 1834, survived by one daughter who was the wife of
Wyndham Robertson in 1854.

Catharine, who married Hickman Spiller of Wythe County, Virginia,
deceased in 1854, survived by two children, William
R. Spiller and Catharine Findlay, the wife of Alexander 
Findlay,

Lewis, of Washington County, Virginia, deceased in 1854, 
survived by one son, Ballard Smith.

Ballard - a resident of Lewisburg, Greenbrier County, Virginia, in
1854, designated as Hon. Ballard Smith.

William -  a resident of Lewisburg, Greenbrier County, Virginia, in
1854, called Captain William Smith.

Sarah - who was the widow of Frederick Y. Roddy in 1854, at
which time she resided in Manchester, Virginia; she was
deceased in 1856.

Joseph - deceased in 1854, survived by three children- Elizabeth,
the wife of John D. Mitchell of Washington County, Francis
who resided in California in 1854, Catharine, who married
Alexander Campbell of Smyth County, deceased in 1854; in
1854, said Catharine's children were Thomas, Joseph, Francis,
Elizabeth and Ellen S.
 
2.
Page 12

April 25, 1854, Mrs. Catharine Findlay, the granddaughter of
Lieutenant Francis Smith, applied for the pension which might have
been due the heirs of said Lieutenant Smith on account of his service
in the Revolutionary War; the resided then in Washington County,
Virginia. The claim for pension was not allowed as there was then no
provision of law under which children of soldiers of the Revolutionary War
were entitled to pension, based upon service in that war.

In 1855, Wyndham Robertson, son-in-law of the above noted officer,
resided at "The Meadows, Virginia.

If you desire information in regard to the location of the land
which was granted Lieutenant Francis Smith by United States, you
should address the Commissioner, General Land Office, this city, and
furnish that official the following bounty land warrant #2074-200 acres,
issued April 26, 1798. Information in regard to the land which was
granted Lieutenant Francis Smith by the State of Virginia on account of
his service in the Revolutionary War might be obtained from the Librarian,
Virginia State Library, Richomad, Virginia.

Very truly yours,

A. D. HILLER,
Executive Assistant
to the Administrator.
Page 13

LAND OFFICE MILITARY WARRANT,
To the Principal Surveyor of the Land set apart for the Officers and Soldiers of the Commonwealth of Virginia.
THIS shall be your WARRANT to survey and lay off in one or more surveys, for
Francis Smith, his
heirs or assigns, the quantity of two thousand, six hundred, sixty
six and 2/3 acres of Land, due unto the said Francis Smith
in consideration of his services for
three years as a Lieutenant in the Army
agreeably to a certificate from the Governor and Council, which is received into the Land Office.
Given under my hand and the seal of said office, this 24th day of December in the year
one thousand seven hundred and 82
Acres.
(Signed.) John Harris
Reg'r Land Off
Page 14

In pursuance of an                       I certify that this Warrant
has issued in conformity with laws of Virginia, in force prior to the cession by that State of her Western Lands
to Congress; and I furthermore certify, that no other Warrant has issued from the Land Office of Virginia, on
account of the services of the within mentioned
and that no grant has issued on this Warrant,
Given under my hand, and the seal of the said office, this    day of     A.D. 
R.L. Off
SURVEYOR'S OFFICE,
For the Virginia Military District, in the State of Ohio.
I, ELEAZER P. KENDRICK, Surveyor of said Military District, do certify
that the foregoing is a copy of Warrant No. 70 in the name of
Lieut. Francis Smith.
in my possession
Given under my hand and seal of office, at Chillicothe, this 4th day of October one
thousand eight hundred and 55 and the 80th year of the Independence of the United States.
E. P. Kendrick
[xxx] of a Military
Land Warrant
Page 15

State of Virginia
County of Washington ⎬ SS On this day personally appeared
before me a Justice of the peace for the County aforesaid
Peter J. Branch Esqr. who in due and solemn form of
Law, doth, on his Oath, declare that he was well,
and intimately acquainted with Lieut Francis Smith
of Chesterfield County in the sale aforesaid, that he
knew his children, that when he died in the
year 1833, his then surviving Children, Were Frances
Lewis, Ballard, William & Sarah [inserted:] Rebecca that since
the death of the said Lieut Frances Smith, his two
Sons, Frances And Lewis [two words, inserted:] & Rebecca have died, and now, his
only surviving Children, are, Hon Ballard Smith
William Smith, residents of the County of Greenbriar.
and Sarah Roddy of Richmond City, that
his knowledge of Lieut Smith & family commenced
in his Early Boyhood, and continued of Lieut Smith
to his death, and of his children up to this day.
Peter J. Branch
Sworn to and subscribed before me, the 7th day of
August 1855, and I certify Mr Branch is a Gentleman
of truth, and can be relied on. Given under my
hand the date above written
Nobel McGinnis J.P.

Virginia
Washington County ⎬ SS
I John G Mager deputy Clerk of the
County Court of Washington in the State of Virginia
do hereby certify that Noble J McGinnis is whose
Page 16

name ppears to the foregoing affidavit is and
was at the time of signing the same an
acting justice of the peace in and for the
county and State aforesaid, duly commissioned
and qualifed as such
-
In Testimony whereof I John
G Kreger deputy Clerk of the
County afforesaid, have hereunto
subscribed my name and affixed
the seal of the said Court at the
Courthouse this 7th day of August
A D 1855.
John G Kreger D.C
Page 17

Affirmative, Lieut. F. Smith Case
1st, We have proved service by Certificate of Virginia
2d. We have proved that he performed the service.
3d We have proved by Capt Branch, Identity of children
4th We Show, by Col. Munford of the Commonwealth, who
knew Frances, that he has reason to believe him
the same Francis Who performed the service,
5th by Col. Munford that Ballard & others named
are his children
6th We show by Certificate of Col. Parker, that
there is no other Lieut F Smith, in either one of
Virginia who recd Bounty land & that he
is the one
Negative
You ask us to show how & to whom he disposed
of his Bounty land
1st in absence of knowledge of the fact, or fact of
memory, in the laps of seventy years, when the
Main facts are proved. We are not bound to
show, how, or to whom disposed.
2d the Identity of Wm & Ballard Smith & Mrs Roddy
who is since dead, is conclusive on that
point
3d his place of residence, when he went into the
Army, was Chesterfield, where he lived
and died in 1834 19 April
4 that he may have been, and where he was
Adjutant, of the army in Virginia in 1780
5th that he actually served six years & nine
months, to near the close of the War, his
Grand Daughter says he resigned, in consequnce
of sickness of his wife & death of a child
in Chesterfield County Virginia
6th this will, shows, Identity of children, and
without his will, Good reputation, prove it.
Stevens
Page 18

7th he was born and raised in Virginia & never
resided elswhere, (that however is not material, he
was a resident of Virginia where he entered the Cont
Line, was a resident of Virginia, when the war
closed, and remained a resident to the day of
his death, and his two remaining children
Ballard & Wm are residents of Virginia nor
did any child he had ever reside out of the
State, Lieut Smith, where a young man was
not rich, when he married, he recd by his wife a
tract of Land in Chesterfield, on it, he resided
he was by trade a Carpenter, and after the
war was over for many years followed his
trade, although his became sick by [illegible]
& labour. he kept [inserted:] his work bench in his yard
to the day of his death, although or [illegible]
he was of the old school of Virginia Gentlemen
on  some then very eccentric, would talk for
hours, of his trials in the War, fight his battles
over & again, when I was a boy 14 years of age in 18?4
on my way to service I stayed at his house, with
Capt Wm his son, he set up half the night.
talking of nothing but the he war, it was
his only theme from that day to the present,
I have been intimately acquainted, not only with
Ballard and William, but some of those who
are dead (Lewis. I knew no man better than I
did him,
Page 19

Land Office of Kentucky
Sept 10th 1853

J. W. Stone Esqr
Dear Sir,
Six hundred & sixty-six &
two thirds acres of land we entered by and surveyed
for Francis Smith in Virginia Military Warrant No
70 which issued for 2666 2/3 acres. This Survey was
on the 17th Nov. 1795 assigned by Francis Smith
to Robt Campbell, and grant issued to said
Campbell on the 25 Decr 1796
The tract lies on the waters of Tradewater
in either Hopkins or Union County
I am not entitled to fee for for this information
but you failed to send me a stamp for return
portage. It is not by any means my [illegible] to pay
any attention to letters which are not accompanied
by the postage
Your Obt Set
Andrew McKinley R. L. O
Page 20

Francis Smith de?
Virginia
J. Stevens 3 } Jany 1885
..............................185 [illegible, page torn]
Same May 9 1855 [illegible, page torn]

May 18 1855 Same [inserted:] July Ju 
4 1855. Same July 25
1855 Same August 9
1855 _ Same August 30
1855 _ Same Sep 17 1833.
Same Sep 24 1855 Sam [illegible, page torn]
Oct 11 1855 _ Same Octo 2 [illegible, page torn]
1855- Secy Interior, Feby
[inerted:, two words in margin:] not found 16 1856 Decision affirmed
See letter to J.W. Stevens Feby 20 1856
Same Apl 15. ..
Let same May 14/56
Same June 11 1856-
Hon. John Letcher, June 27/56
.. H.A. Edmundson Mch 16/53

9732
Page 21

RECEIVED
FEB 11 1938
MAIL SUB-DIV.
VETS ADM
READER # 18

5406 Vanderbilt
Dallas, Texas.
Feb. 9. 1938.

Veterans Administration
Washington D.C.

Will you please send me the Revolutionary War
pension record of Lieut. Francis Smith wife Elizabeth
Waddy) from Hanover Co. Virginia was in Cavalry from 1776
to 1782. All family data you can furnish will be greatly
appreciated.
I also desire the Rev. Pension record of Joshua Smith [inserted in margin: only one Va, Tenn [illegible]]
(son of James Smith) of Louisa [insterted, handwritten: stated] Co. Va. I understand he applied
for pension with a brother Charles in 1777, please give family
data.
Thanking you.
Very truly yours,
Ruth Hall
(Mrs. L. B. Hall )

If you dont find a Joshua Smith
in your files will you please
send instead the record of James
Smith (Louisa Co. Va.) Rev. War?
Page 22

9732
9732.

P. O. ____
Francis Smith
Service: ____
REJECTED 
Enlisted: ______, 18__.
Discharged:  ______, 18__.


Application filed:  ______, 18__.

Alleges: ____
Re-enlisted: ____

Attorney: ____
P. O. ____
____Recognized. ____Co [page torn, illegible]

[In margin:] 1938 Mar. 14- Hist to Mrs. L. B. Hall- ILL.
Page 23

Showing the location
of land warrant
Page 24

Land Office of Kentucky
December 8th 1885

J. W. Stevens Esq

Sir:
It is a rule of the Office not to reply to
letters unless return portage is sent, but I will make an exception
in your favor as you do not live in the State and may not
therefore know the Rule.  Military Wt Nr. 70 issued to Francis
Smith for and in consideration of his services for 3 years as a
Lieut in the Va Continental Line
On that Wt [illegible] patent has issued from this office in the
name of Robt Campbell for 666 2/3 acres lying in the County
of Union on the waters of Tradewater River. The remainder
of said Wt as far as the records of this Office shew
has not been located. It may have been treated
in the Military District of Ohio. The whole warrant
is for 2666 2/3 acres
Your obt St
Andrew McKinley R.
Page 25

Land Office of Kentucky
March 31st 1856

J. W. Stevens Esq

Dear Sir:
Military Warrant No 70 which issd
to Lieut Francis Smith for 2666 2/3 acres has been satisfied in part
by a patent to Robt Campbell for 666 2/3 acres lying on Tradwater
River. The balance of the Wt has not been entered, surveyed
or patented in this State. The Surveyor R. C. Anderson made a
memorandum, in the survey on which the aforesaid patent issued
in which he states that the original Wt No 70 is in his possession
at the date of the Survey. The Wt has never been returned to this
Office. The records of this Office do not shew to when Robert Campbell
conveyed the 666 2/3 acres nor [crossed out: do] are any conveyances from the General
Government, nor from any individual of record here. This office
only contains the records of grants from Virginia & Kentucky of
lands in this State. Under the act of Congress of 31 August
1852, the heirs or assignees of Francis Smith are entitled to [illegible],
at the rate of $1 25/100 per acre for the unsatisfied portion of
this Wt amounting as above stated to 2000 acres equal to $2500
The charge for a certificate of the non-location of said 2000
acres in this State, will be Five dollars
Your obt Svt
Send stamp for return partage
Andrew McKinley R.
Page 26

Assignment & ocation 
of a Land Warrant
Page 27

Warrant N. 70 for 266675 issued to Francis Smith
for his services as a Lieut in the Va. Cont Line _
Located as follows, in his name
Survey No. 374 _ 666 2/3 in Kentucky
N. 560 -1000
No. 1139 750⎬ in Ohio
N. 8718} 250 in Ohio
8969
& 8892⎬ in Ohio

He also drew Warrant No. 5359 for 333. This warrant
was assigned to Robert Means, and located in Mean's
name _
This office contains nother in relation
to the U. State Bounty. If Lieut Smith
desires a Warrant from the Genl Government
it was probably located in the U. States
Military Dist
I include to you a copy of
Warrant No. 70, supposing it may be of
some service to you
My is $1.00 which you can enclos by mail
Very respectfully
E.P. Kendrick

Surveyors Office Va. M'it Dis't
Chillicothe O. Oct. 4. 1855

J. W. Stevens Esq
Page 28

Abingdon June 23d 1856
Court of Pensions
Judge Mindt
My Dear Sir.
Your [illegible] was recd some days
as in relation to the Smith Case (bear with me
I pray you without offences though we both Worship
at the Same Shrine yet I am Sorry, We are so far
apart in opinion in this case. My friend, you ask 
me to show to whom Smith conveyed his land, and
who is now the occupant, I hope, I am not saying
two Much, when I say, Smith recd his Warrant from
the Fedl Goverment 200 acres & his Warrant from
Virginia for his services, that he sold a part of
his Virginia Warrant to Robert Campbell, & the residue
of the Virginia Land, with the 200 acres to Armstrong
& Wells, and as the Fed Govt assumed for Virginia
the patent was made to the whole by the Fedl.
Govement_. I cannot expect to find conveyance
in any office other than the Land Office of
the U States_  tho I am seeking certificate of
conveyances in Kentucky & Ohio, where the Lands lay.
taken, all together, - that the patents were made by the
Land office at Washington, as the assignments were
the Warrants, _ on which the patent was based, _
We have but little hope of given any further
Information of proof in the case, _ We cannot in
relation to his children given any Information from
them, they were then, in infancy, all they know is
the assertion of their Father, that he had sold his
his Bounty Lands, but when or to whom, they are
ignorant, but they do know he served our Country
Page 29

us Land, in the Revolution, they say, upward of
five years.
You my Dear Sir, may think, I am, and
have pressed this case, with uncessary Zeal, let me
say truly to you in reply, I may have done so, why,
1st,, I as honestly, as I know, I am of [illegible], believe in
its truth, I know personally, from the old man, to
[illegible] Him, that truth & Honour are & is paramount
to all gain, yet their just rights they will not
relinguish. [phrase, illegible] Ballard
& Wm Smith, the Claim was good, _ I feel my
reputation duly at stake, the poor, the Free
would be of service to me, _ but be assured, that is
the least consideration, _ I have made this
truthfull statement, to your Honr with all
the confidence of man to man. I well know
and feel your responsibility, in your position
and as God is our Judge, I would ask, or
desire you, to do [inserted:] no an act, repugnant to Justice,
but, as I have said, this case of Smiths Heirs, with
all the light of facts resting on my mind, is truly
Just, I trust your Honr, on mature reflection, taking
all the papers, filed, in this case, showing he was the
[illegible] Lieut Smith, that he did serve, that for sd Service
he recd his Land & commutation pay [illegible] you
will like myself, believe all is right
Your friend
J W Stevens
my
My best regards to our President, Mr Pierce,_ when you
see him, would to God, he had be nominated, my
whole heart is & was for him
Page 30

Abingdon July 20th 1856
for Judge Mindt
Dear Sir
I have written to Ohio
and Kentucky. hoping to assert who the
present occupants are of Lieut Smiths land
patented by the goverment under his sale to
Wells & Armstrong in, or of Ohio, & Campbell
in Kentucky. I have as yet had no response to
my letters, Subjecting me to cost at every step.
My Dear Sir, would not a court, be fully
satisfied, when we showed our Identity, that
we were the Smith, that performed the service
and the Smith, that recd the Bounty land.
th Smith, that sold to Armstrong & Wells
& Robert Campbell, he could only sell his
right to the Bounty lands, not having recd
patent, and the patent, or title was in the
Goverment, who, on his transfer, made
patent to the aforesaid Armstrong & Wells
& Campbell-- Would the Court, require us
to show all the mutations of occupancy, or
title since patent Issued, to those persons. I
should presence not. they would be satisfied
with the main facts, the gist of the case,
Identity & do. do which, I much trust. We have
shown to your Hon. be assured, notwithstandes
this case, has cost me much, in Cash, & in labour
If I could be made believe for one moment, it was
unjust, I would cast it to the winds, but
knowing, the family, & the Soldier himself and
Investigating, the whole case, and all the
circumstances, Impressed, in all truth, as they
Page 31

are, were I on the bench, and the case
to come before me for decision, I would
most certainly award to the clamants.
this I say, my dear sir, in all deference to
your Honr opion.- I may be wrong, but
If I am._ it is an honest wrong, there is
no case, that I have more maturely investigate
and the more, I examine the whole ground
of claim, the more I am confirmed, in the
report and Justice of the claim.

Permit me to say one word in relation to the
Ans. _ They are above suspicion _ they are
the steadfast supporters of our Goverment.
they cannot be made believe, that their
claim will be repudiated by the department
What do they say further, our Father was the
only Lieut F Smith in the Contl line do do &
they say much, in the case, I still soothe
them, in telling them to be patient, Justice
will be done to them, If the case is just.
they will get it. When I say Just, they become
Indignant,_ they are so positive of the
Justis of the claims, I have soothed
them with the assurance, as soon as the
convention was over in which, we all
felt much anxiety, the case would be
taken up, and probably disposed of, If
the force in the department would Justify,
I have to resort to language of conciliation
in many cases, which I do not consider
derogatory to truth & where the passions, or
Page 32

Encitements can be allayed, and a state of
harmony produced, it is our duty to do so.
If not done at the sacrafice of truth.

I have said this much to your Horr in all deference
and high respect, and I cannot believe. It
will give offence, when I assure you, such
is further from the heart & head. If two
impulsive, I pray you to attribute it to an ardent
desire, to be freed from any, and all imputation
of Wrong in this case. I am poor, and my
Fee, would help me _ but it is but dust, in
comparison to my Good name in life, to my
helples little family. who are droping off one by one,
I hope your honr to accept
my highest Esteem &
consideration
JW. Stevens
Page 33

Land Office of the
State of Kentucky
I Andrew McKinley, Register of said Office (after
a careful examination of its papers and Record) do
certify, that Military Warrant No 70 which issued from
the Land Office of the State of Virginia, to Francis
Smith, on the 24th day of December 1782, for 2666 2/3
acres of land in consideration of his services for three
years as a Luntenant in the army, agreeably to a
Certificate from the Commissioners of War, has been listed
in part in this State as appears by a patent which
issued from this office, on the 26th day of December
1796, to Robert Campbell for 666 acres of land lying on
Tradewater River. I do further certify that the survey in
which the aforesaid patent issued, was made for Francis
Smith aforesaid, and was by him assigned to said Robt
Campbell on the 17th day of November 1795.
I do further certify that the remainder of said
Warrant, amounting to two Thousand acres, has not been
entered, located [inserted:] surveyed or patented in Kentucky, and that there
is no evidence on file in this Office, that said Warrant
or any portion thereof has been alienated by said Smith
or his heirs.
In Testimony whereof I have hereunto
set my hand and affixed my seal
of Office at Frankfort this Seventeenth
(17) day of April Eighteen hundred
and fifty-six, and of the Commonwealth 
the 64th
Andrew McKinley R. L. O
Page 34

Hon H A Edmundson
Mb. 16
Page 35

Pension Office, March 16. 1858

Sir.

In reply to the enclosed letter of Mr. Wm Smith
I have the honor to state that the claim
of the heirs of Francis Smith [crossed out: illegible] for
[inserted:] Arears of pension alleged to be due him under act of
May 15, 1828, was rejected by this office in
1856, and upon appeal this decision was
affirmed by the Secretary of the Interior.
With great respect
?C


Hon. H. A Edmundson
House of Reps
Page 36

Abingdon Jay 20th 1857
Wm G. Writing
Comr of Pensions
Dear Sir
I am pleased to see
the Senate has passed the half pay bill for the
officers of the Revolution, your Honor will find the
declaration of the Heirs of Lieut Francis Smith, who
Was Adjutant and Quarter Master, and with
the declaration, proof of Service, Identity of the
kins, and Administration, you will perceive in
the declaration, they claim this half pay under the
resolution of Congress, deducting therefrom, his
Commentation pay of $1600, - they also claim his
full pay under the act of the 15th of May 1828,
from 4th March 1826, up to the [illegible] of his death
19th April 1833 - I make this statement, only for
the purpose of keeping it in the memory of
your Hon. in the multiplicity of duties.
his Honr Judge Mindt last May where, I was
in the Office, in anticipation of the passage of
the bill, advised patience, untill the bill would
pass, for at that time, all that could be done
would have been the payment under act of 1828
begining future action for the half pay, as the
department could take no action under the
resolution of Congress of 1780-83
I am Dear Sir
yours truly &c
J. W. Stevens
Page 37

Abingdon June 17th 1857.
George C. Whiting Esqr
Comr of Pensions,
My Dear Sir,
I deem it right,
to say to you, as I am atto for the Heirs of Lieut
Frances Smith, of the Virginia Conl. line
claiming pension, under act of 15th May 1828
and under the Resolution of Congress of [Illegible] 1780
Granting to Officers half pay. _ I have a
few days since forwarded to Mr. Thompson
of your city a power of atto, as atto, in fact,
for the Heirs respectfully asking copies of
papers filed in your office, for the claim
aforesaid, knowing you have no power to act
on said resolution, and knowing the decision
of the Supreme Court in the case of Baird Heirs
the desire in advance of the action of the
Senate on the half pay bill to file Copy of
our claim, in the Court of Claims, for action
of Interest, & recognition of said Court, I draw
up the power in much hast, should you
detect any [illegible], I beg to say, the
Intention is without Error. I respectfully ask
that Mr M Thompson may be furnished with
Copies of the papers, by so doing you will
oblige Yours Most truly
J W Stevens
Page 38

19
Pension Office 
Jany 3 1855
Sir
The children of Francis Smith of Va or
one of them should make a declaration setting
forth and describing his services, and should
show that he was the man who received
Land Bounty from the U. S. for services to
the "end of the war," They must show the
exact date of his death and what children
now survive him, - I have filed the
papers forwarded by you under the act
of May 15 1828

J W Stevens Esq
Abingdon
Va
Page 39

Hon John Letcher
Page 40

Pen: Off: June 27, 1856

Sir,
In reply to the letter of Lewis &
Garnett communicated by you
& which is herewith retd, I have the
honor to state that the claim of
the surviving childn of Francis Smith
for arrears of pension in [illegible] of his
service in the Revolutionary war, was
rejected by the office in Feb. last, & upon
appeal to the Sec of the [Illegible] that decision
was affirmed. The case could not consequently,
be reopened except upon the
production of new & material testimony
The Clerk failed to prove the service
of their father as set forth in their Dec
I am &c
Hon John Letcher
Ho Reps
Page 41

J. W. [Probably] Stevens
[Illegible] 18/35.
Page 42

Pension Office
May 18, 1855.

Sir,
I have received your letter of the 12th
instant, and filed it with the papers in the
case of Francis Smith, deceased, act 15th May
1828. As soon as you transmit the
additional proof referred to, the condition
of the claim will be reported to you.

Very respectly
? C

W Stevens Esqr
Abingdon,
Virginia
Page 43

May 9/35.
Page 44

Pension Office
May 9 1835

Sir
The supplemental declaration of the administrator
of Francis Smith decd of Va has been
examined and filed,
[Crossed out: Do] Are there any of his children alive?
The administrator says nothing to this point,
We must be shown that your Francis Smith
was the [crossed out: old] man who received Land from
Virginia for his services.

J. W. Stevens Esq
Abingdon
Va
Page 45

Abingdon March 3 1856
Hon Judge Mindt.
Dear Sir
2d Hon McClellans, letter
I have just
recd Hon McClethans, letter, Enclosing
yours in relation to the Heirs of Lieut Smith
I should not have replied, but for the
Injustice you do me in your letter to
him, _ you say I do not seem willing to
[crossed out: I am willing to] push my Enquiries, as
Sugested, to trace the land given to Lieut
Smith, _ My Dear Sir, in that portion you
do me great injustice, and just before
that remark, you speak of my fail
in preparing the case, I would ask, in
the Name of God, What Interest have I
more than an honest duty to perform.
You know by the papers, I have sought at
Much labour, & some Expense to trace
the disposition of this mans land, we have
traced all, except, what he recd from the
US. Why hand me with apparent fraud,
you like myself, are acting as Fiduciaries,
I know, & feell my position to be a dellicate
one. It is will weighed in my own action, and
I feel the words used unkind, I have
never Impugned, your motives, and If
duty, prompted zeal, in the performance of
duty, It should not be construed, my [illegible]
to [illegible] shrinking from an honest and honorable
Investigation, I am well aware you are
beset, probably daily with unjust, claims
Page 46

Will calcutated to irritate, yet, the Innocent.
should not be confounded with the Guilty.

I shall again, Seek in Kentucky and
Ohio, to Whom Smith Conveyed his land
notwithstanding the case is rejected. It is
true & to be base? Simply, because we
do not know, So & So. Stimmulated
[illegible] to further exertion, and if we [illegible]
without any disrespect to your Honor,
Congress will be the last, where I will
be personally present, truth must prevail,

I beg your Honor to think, I offer
any disrespect in this communication,
It is not intended-- but it is intended
as a justification of myself wherein
I feel Injustice
I am Dear Sir
Your Obt St
JW. Stevens
Page 47

Abingdon March 25th 1856.
Comr of Pensions
Dear Sir,
I trust, I shall be
pardoned, for again asking a notice of this
communication, and to assure your Hon. I am
not [illegible] to the [illegible] of the case, you
are Guarded by the Law, and all I desire is, that the
ends of justice may be attained, under the
Law. There can be no devissity of opinion on that
point. If my recollection is correct, we were required
to show what disposition. Smith made of his
Bounty Land, including 200 acres redc from the
Fedl Government, In and to many letters on that
subject, I have just recd One, in which I am
Informed that Warrant 2074 for 200 acres, issued
April 26th 1798, in favour of Lieutenant Francis Smith
Virga Contl line & said Warrant, with other Warrant
or Warrants amounting to 4000 acres, was, & is
located in WS Military District Ohio, on Lot No 2
Township 4 Range 16, and patented in 1800 in favour
of S. Wells, & - - -, the name I cannot make out, but
appears to read Shim String, or something like it,
this tract of Land is in Delaware County, Trenton
Township Ohio, I hope your Hon. Will reconsider
the case. If this case was not Just. I would
not write a word in relation to it.
I am Sir Yours truly
and respectfully
JW. Stevens
Page 48

I have carefully examined and
can find no conveyance from Francis Smith
of his county Lands your letter would have
been answered long ago if you had done as you
did this time such a stamp to pay the Postage

Respectfully yours
man, petifull
Lela Chatham C
of C C C

Illegible] Man, pitifull,
one stamp, forgotten to be enclosed,

this from Chesterfield Court House Lieut Smiths
County,
Page 49

J. W. Stevens
Abingdon
Va
Page 50

Penne Office
May 14, 1856

Sir:
This office will consider any additional
testimony which may be submitted
in support of the claim of Francis Smith
do issued under the Act of May 15, 1828
whether presented in person or by letter
It is not [illegible], however, that the former
[llegible] would add weight to the testimony,
which will, a day was seen the
consideration [illegible to end of sentence].

J.W. Stevens, to
Abingdon
Eugene
Page 51

J. W. Stevens
Abingdon
Va
L28
Page 52

Pension Office
June 11 1856

Sir
If the several bodies of land allowed Francis
Smith of Va were granted to the father
of the applicants in the case for which
you are attorney, why can they not trace
it back to their father? Can they not show
by such proof as would satisfy a County
Law that their father made the transfer
by which the land went into other hands?
The locality of the land is known what is
the difficulty about ascertaining in whose
possession it now is? how has the present
occupant come [inserted, three words:] into possesion of [crossed out: by] it, & thus go back to the
Francis Smith who received it for his services.
The several transfers must be a matter of
record some where.

J.W. Stevens Esq
[Crossed out, illegible] Abingdon
Va
Page 53

Abingdon April 24th 1856
Comr of Pensions
Dear Sir
Some ten days ago,
I took the liberty of saying to your Honr, I had
at much trouble and expense, [illegible], the
disposition Lieut F. Smith, had made of his
Bounty land, not only what he had recd from the State of
Virginia, but what he recd from the Fedl Govnt
On yesterday, I recd your note in anger, that the
Information was no proof  unauthenticated,
which is certainly true, but as the proof of what
he had done with his Bounty Land, was the
gist of the case, _ I made the statement for
the purpose of your Honors Investigation
in the departments of the facts, whether, the
affirmation was based on truth or not.
I now have the pleasure of saying to your
Hon. I have this proof in legal form, and
Surely, the Heirs Will not be denyed a hearing
or opening of the case, when it is based
on truth & Justice _ believing that in all
such cases, the departments are clothed
with the just attributes of Equity as well as law
I hope we will not be denied a rehearing in
the Case, & if your Hon. Will signify to me
that the case, shall be considered, I will
personally present the proof in your office
I am Dear Sir
Yours truly
JW. Stevens
Page 54

I would most respectfully, refer to proof filed
of the fact from Va. that there was but one
Lieut F. Smith in the continental line, and
he recd Land from Va.  Again, that [illegible]
was sent, in said line & did receive his
Bounty Land Warrant No. 70 located
666 2/3 acres in Kentucky, conveyed to Robert
Campbell, the use due in Ohio, and his
Warrant No 2074 from the Fedl. Goverment
200 acres with other Warrant, making
4000 acres is located in Ohio &
conveyed, I have the particulars
in legal form of authentication, in
a manner recognised by the office
JW. Stevens

I do not wish to be understood as annoying
the office, there is no annoyance where
Justice & right is at Stake, and I can truly
say, If I was not convinced of the truth
of this case, I would not press it, and
When the grounds of negation are removed
we may hope most cheerfully, that Justice
not prejudice will be open for Examination,
Page 55

General Land Office
April 15th 1856

Sir:
I have to inform you in [illegible] to your letter
of the 9th instant, that Virginia Military Wart
No 70, for 2666 of acres, issued on account of 
the service of Francis Smith, a Lieutenant
in the Va Continental Line, has been Satisfied
by location and patent, in the Virginia
Military District, Ohio, iss the 666 2/3 acres, 
located and patented in Ky:
The patent issued in [illegible] of Philip Goode,
Duncan McHuston, & Joseph Sill of dale
July 12th, 1818, Augst 31st, 1818, & May 1st, 1832.

I am Sir,
[Signature, illegible]

[Illegible]
Commissioner.

J. W. Stevens Esqr
Abingdon,
Va
Page 56

J. W. Stevens
April 15.
Page 57

Pension Office
April 15th, 1856

Sir:
The last action taken in the case of Francis
Smith, deceased, of Va. having been an affirmance,
by the Secretary of the Interior, on appeal of the decision
of this office, disallowing the claim, it would be contrary
to all rule and precedent, as well as reason, to reopen
the case upon a statement of so little importance as
that contained in your letter of the 25th ultimo. Even
if the fact stated possessed the important bearing upon
the case which you claim for it, it is not authenticated,
and therefore cannot even be regarded as evidence.

J.W. Stevens Esq
Abingdon
Va
Page 58

1828
J W Stevens Esqr
Feby 20th _ 1856
Page 59

Pension Office
Feby 20 1856
Sir
The decision of this office, refusing to
allow the case of Francis Smith decd of Va
has been affirmed by the Secretary of the
Interior, upon your appeal,

J.W. Stevens Esq
Abingdon
Va
Page 60

Copy of the Secretary's 
report
affirming the
decision of this
Office in the case
of Francis Smith
decd of Virginia

original retained by the
Commissioner
Page 61

Department of the Interior
Washington Feby 19 1856

Copy

Sir
Your decision of the 16th Instant, in the case of the Heirs
of Francis Smith, has been affirmed, and the papers
accompanying your report therein, are herewith returned
to your office,

I am very respectfully
Your Obt Servt
Signed/ R McClelland
Secretary

Honble
J Minot
Commissioner of Pensions
Page 62

Abingdon Debr. 17th 1855.
Comr of Pensions,
Dear Sir
On a former
Occation, I took the liberty of saying, that
Every light obtained, in the dispostion of
Lieut Smiths Bounty land, would be
adduced, whether for or against us. In
and to my letter, desiring to know what
& to whom his Bounty Lands were
Conveyed, I have just recd the within
letter. Not to my mind. meeting the requirements
My obgect is & has been to know and
assertaine to whom he conveyed the
200 acres given by the Fed Government.
For it must have been patented.  If
not by any other authority, by the Comr of
the Land Office. I am satisfied of the
Justile pursued by the rigid course of the
Government, it is all perfectly right.
Now do we complain, rather applaud,
for [illegible] Stringent rules of Evidence
were laid down, to be complied with
Imposition would daily occur our
knowledge, and belief of the Justice of
the Claim, is no evidence to the
department _ but still. If the department
shall believe the claim is just, on the
proof adduced, (notwithstanding we Cannot
Show to whom he conveyed, I hope the
claim will be recognised as Just & true
It is only, on that ground we claim
Page 63

In the case of Mrs. Madison, I am fully
satisfied. If I had not of done, as I did
in taking the appeal, I would not
have performed my whole duty to her
but now, it is settled there is [inserted:] no appeal
unless there should be a change in
the law, at present I file her case
away as refuted, for want of legal
proof.
I am Dear Sir
veryy respectfully
JW. Stevens
Page 64

Abingdon Nov. 27th 1855. 
Comr of Pensions
Dear Sir
I must, veryo
Respectfully sugest in the case of Lieut
F. Smith, that it appears Insolvant to
the case, to pry into the private transactions
of Lieut Smith, in the disposition of his
Land. It should as appears to me to
ansr the ends of justice, be sufficient
for us to show he is or was the Man
who recd said County Land Not going
behind that to prove how he disposed
of it, we have shown conclusively
he is the Identical man, and that 
the Heirs who claim, are his children,
Justice, truth & light, sums to say, we
should obtain all the papers are
on file. I have written to the military
district Office in Kentucky & Ohio &
may be able yet to show to whom he
sold, his lands, but if we should not
be able to show, that it should not
prejudice the [illegible]. I hope you will
Concur
I am Dear Sir
Very respectfully
Your obt St
JW. Stevens
Page 65

Va. L. Office, Richmond, Nov 22nd 1855.
J. W. Stevens Esq.
D Sir:
Yours of the 19'' Inst was recd yesterday
& contents carefully noted.
I have recd no answer from Judge Daniel and I
think it probable that he will not be willing to become
a witness in such a case.
It appears to me very remarkable that the Department
should require you to show how Lt Smith disposed of
his Bounty land. If the Government be satisfied that
he recd Bounty Land warrant, I should suppose
that it would not require you to prove the manner in
which he disposed of it.
It is not in Col Munford's power to give you any
other information than that already given
I am D Sis:
Yours very truly
S. H. Parker
Page 66

Abingdon Octr 25th 1855.
Comr of Pensions
Dear Sir,
In relation to our
Claim, in light of Lieut F. Smith, your Hon will
observe, We, have first proven service, 2d, we have
proved his Bounty Land. 3d we have proved, the
Location of that Bounty Land from Virginia
4th We have proved his Identity in the Conl line
5th We have proved the Identity of his children
6th We have proven, that he was the only Lieut
F Smith of Va Cont line who recd Bounty Land
7th We have further proved that he recd
additional quantity of 300 acres of Bounty from
Virginia for said service, and proved its location

Put all this proof together, & what do you make of it.
You must admit, that he is the Identical man
the Claim under, [illegible], deny the record of Virginia
and virtually say, the testimony adduced is untrue,

You desire us to prove what he done with his Bounty
Land, with all due respect, we think, that demand
Irrelevant to [inserted:] the case. We cannot be supposed to [inserted:] know his
subsequent acts in disposing of his land, these lands
was located in Kentucky & Ohio, so long ago, that 
we can, as yet, find no living proof to say what
disposition he made of them. If sums, sufficient for
us [inserted:] to show, what we have shown, (aside from subsequent
acts, to entitle the Heirs, If there had of been, more
Lieut F. Smiths than one in the Va cont line, then
the latter requirement, would not rest on Just Grounds.
In that case certainty should be had.
I am Dear Sir
yours most respectfully
JW. Stevens
Page 67

Abingdon Apr 16th 1855
Com of Pensions
Dear Sir
We have
already shown that Lt. F. Smith
located 666 2/3 acres of his Bounty land in
Kentucky - we now show that 
the [illegible] was located in Ohio, and
we Show additional Bounty, from
the State of Virginia to him located in
the Name of Means, If Lt. Smith
at an early day, sold his land to A.B.C.,
or [illegible], and his children then young, not
Cognizant of the fact, shall they be
compelled to show, to whom he sold,
I presume not, we have shown there
was no other Lt. F. Smith of the Va
Conl line, but Mr Smith who no Bounty
Land, in relation to the Bounty Land
he recd from the Fedl Goverment, we
know nothing. Yet certain it is, if he
recd it, he sold it. I shall endeavour
to trace it up, and show further proof
in the case. If necessary to us, the whole
matter is so plain, it sums not to
admit of a doubt and much hope
your Honr May View it in the same light.
as before stated. If we would for one moment
believe we were wrong, we would desist.
we ask nothing that is wrong if we know
it.
Yours most
respectfully
JW. Stevens
Page 68

I hereby certify, that I have heard my
deceased Father, Francis Smith late of Chesterfield
County Virginia speak of his having been an
officer, in the war of the revolution. Of the fact, that 
he was an officer in that war, I have no doubt whatever,
and there is an indistinct impression on my mind
that he received some bounty land warrant or warrants
on account of his revolutionary services, but
how, or from whom that impression is derived I
cannot now say. If I ever heard anything said
in relation to the sale of said warrant or warrants, I
do not now remember it. I know nothing of the
supposed or alledged sale.
W. Smith
October 3, 1855
Virgina Greenbrier County Court

This day personally appeared
before the undersigned a justice of the
peace in & for the County aforesaid, William Smith
and made oath that his foregoing certificate
is true to the best of his knowledge & belief. Given
under my hand this 3 day of October 1855 -
William Cary J.P.
Page 69

State of Virginia
County of Greenbriar SS .
I Joel McPherson, Clerk of the
County Court for the County and State aforesaid,
do herby certify that William Cary whose
name is subscribed to the foregoing certificate
is an acting Justice of the Peace in and
for said County, duly commissioned and
qualified, that full faith and credit is and
ought to be given to all such his official
acts accordingly, and that the signature purporting
to be his is genuine
Given under my hand and
Seal of said Court at Lewisburg
this 3 day of October A.D. 1855

Joel McPherson Clk
Page 70

Abingdon Oct 8th 1855.
Comr of Pensions
Dear Sir,
In my letter to you
a few days ago. I then stated, in the case of
Lieut F. Smith [illegible] that Necessity compelled
to avail ourselves of all Testimony, that
would throw any light on the case
We desire nothing that is wrong. but truly
believe we are in the right, I not Enclose
the affidavit of his son Capt Wm Smith,
his recollection in relation to his Bounty
Land is not distinct, but we give you all
the testimony, whether for or against us,
and hope we shall be able to show to
you Satisfactorily that he is the Identical
Lieut F. Smith who recd Bounty land
I am Dear Sir
very respectfully
Your ObtSt
J W Stevens
Page 71

J.W. Stevens,
Oct. 11' 1835
Page 72

Pension Office
October 11 1853

Sir
The affidavit of Neal Nelson has been examined
and filed with the application of the
children of Francis Smith of Va under the
act of May 15 1828, and will await further
evidence of identity,

[In margin:] 1818)

J W. Stevens Esqr
Abingdon
Va
Page 73

J.W. Stevens
Oct 23/55
Page 74

Pension Office
October 23. 1853
Sir,
I have received the additional testimony
transmitted by you in the case of Francis
Smith, deceased, formerly of Virginia _ at
May 15, 1838 and filed it with the
other papers. The claim is further
suspended until the evidence identifying
your client as the person who received
land from the State of Virginia is
filed.
I am
& C

J. W. Steven Esqr
Abingdon
Virginia
Page 75

J. W. Stevens
Sep 24/33
Page 76

Pension Office
Sep 24 1855
It is freely and fully admitted that a man named
Francis Smith served more than two years as a
Lieutenant in Virginia during the war of the Revolution
and that Land was awarded him by the State of
Virginia and by the United States for his services,
the surviving children of a Francis Smith of
Virginia are claiming arrearage of pension which
they suppose to be due their father for their services [crossed out, illegible]
The point at issue is, was their father the Lieutenant
referred to? This point cannot be conceded
but must be proved. Then how is it to be proved?
The modes of doing so have been pointed out to you 
several times. I believe you will not contend that you have
complied with the requirements of the office, I will
refer to them again and assure you that the claim
can not be allowed with [inserted:] out a substantial [illegible]
Page 77

with the demands of the office, First, Service must
be proved or identification with Record made by
witnesses who know that the allegations of claimant
are true and that the record points to the parties in
whose right they claim, the propriety of this demand
where claimants have their declaration upon Records
known to be in existence is to obvious as to need no
comment.- [Illegible] that no such testimony can be
procured in this case; but fortunately for the claimants,
if the claim is a valid one, the soldier whose services
are admitted received Land, both from the State in
which he rendered terms and from the United 
States. The transfers of these lands, as well as their granting,
must have been matters of Record, They should be and
certainly can be traced. [Sentence crossed out, illegible], And
if the transfer of there lands [crossed out: are] [inserted:] is traced to the father of the
applicants for whom you are acting, the pension will be
allowed _ I cannot doubt but that the gentlemen
who are pressing this case are satisfied
of its validity, but before I can, as an
Page 78

executive officer, acknowleddge myself satisfied,
and order the payment of public money.
the proof must be on file which wl'd leave
no reasonable doubt as to the correctness
of the conclusion,

1828

J. W. Stevens Esqr
Abingdon
Va
Page 79

Pen offer
Sept. [crossed out: 18] 17. 1855

Sir
In reply to your [illegible], you are
informed that we have no evidence of the
resignation of Lieut F. Smith of the Virginia
Continental Line in this office. [illegible]
a Lieut F Smith of the State Line
who resigned in 1781 - but he [illegible]
[much of this line, illegible], he had no
claim to Land from the U. States, nor a
claim to the [illegible] of the Act of May 18,
1828 at the [illegible] of his death

J.W. Stevens
Abingdon
Va
Page 80

Abingdon Septr 18th 1855
Comr of Pensions
Dear Sir
I adduce
further evidence in the case of
Lieut F Smith, in whose right
we or claiming for the Heirs

I am Sir
very respectfully
Your ObtSt
JW. Stevens
Page 81

This covers abundant
evidence that one Francis
Smith did serve as a
Lieutenant in Virginia
for three years and received
a Lieutenants proportion
of land
Our rolls show that he
served to the end of the war
and received land from the
U States
Page 82

Va L.. Office. Richmond, Sep. 15. 1853
J.W. Stevens Esq.
D Sir:
Yours of the 11th Inst was re. yesterday.
Enclosed you will find papers [illegible] -
If Munford's certificate should be insufficient
I have no doubt that there are two person, who
evidence will be entirely satifactory, & which I can
no doubt obtain for you, hereafter -
The bal to your credit by my [illegible] is $1.46 E. E.
Yours truly
S. H. Parker
Page 83

only one man
named Francis
Smith received Land
from Va as a Lieutenant
Page 84

Va. L. Office, Richmond, Sept 11th 1855
I do certify that it does not appear
from the Records in this office, that more than
one Francis Smith ever received Bounty Land
for service in the war of the Revolution, as a
Lieutenant in either the State or Continental Line.
Teste,
S. H. Parker
Reg. L. Office.
Page 85

Abingdon Sept 15th 1855
Comr of Pensions
Dear Sir
I Enclose
letter from Cor of Land Office of Kentucky
Showing that our Lieut F. Smith located 666 2/3
acres of his warrant in Kentucky, and hope
I shall show where the other two thousand
was located, (the Case is places,
I am Dear Sir
very respectfully
your obt St
JW. Stevens
Page 86

Abingdon Sept 28th 1855
Comr of Pensions
Dear Sir
I Enclose the
affidavit of Mr. Nelson, in relation to
Lieut Smith
I am Dear Sir
very respectfully
your Bot St
J W. Stevens
Page 87

Abingdon Sept 28th 1855,
Comr of Pensions
Dear Sir
yours in relation
to the claim of the Lieut. F. Smith, was
recd On yesterday, I make this communication
for the purpose of placing the Heirs, and myself
in our true position in the estimation of your
Honr- as prosecuting attorney, I am well aware
of the requisition of the service in this case, and
would at once comply, with connected proof as
as required, but from laps of time, we have to
seek proof over a large extent of country
Much consumed much time in the Interval
We seek, and obtain such proof as has
the slightest bearing on the case when we
get all the proof together, when compared
and rigidly analised, hope we shall
have succeeded in satisfying your Honor
of the justness of our claim, be assured. My
Dear Sir, I should be the last to prefer an
unjust claim against our Country. If I for
a moment [crossed out: could] believed it so, but knowing
Lieut Smith in his life time, and all his family.
and that they are above the shadow of suspicion
or dishonesty I am led to believe the case a
just one, I shall shortly introduce the testimony
of Mr. Nelson, an old Friend of Lieut Smith, whose
timony at least, will identify the Heirs, and
that he was an officer in the conl. line and recd
Bounty Land, at least so informed by Lieut. Smith
himself, Mr Nilson is a high minded honorable
man, whose word is considered, as an oath,
Should, I, or If I have pressed this case with more
Zeal than may seem right or proper to your Honr
Page 88

I beg to say-- It was done under an obligation of duty.
Not intending [inserted:] in the slightest [inserted:] degree disrespect to your Honr
you will know attorneys, two often, become so deeply
[illegible] with their cases, that they fall into Error, and
but for the Enlightened deliberation of the Court, Great
Injustice would be done, in this case I may be
in Error your Honor is the Court, who will calmly
decide on the broad principle of Law and right.
After making this explanation I trust, no Offence
will be taken, I may be Impulsive, but not offensive
acting in obedience to a maxin of my life, what
I undertake to do,. to do it promptly, with this
assurance on my part
I am Dear Sir
Most truly and
respectfully your
Obt St
JW. Stevens
I beg your Honor to bear with us, the case is a tedious
one, all will come right
Page 89

Geo. W. Munfords 
certificate. He believes
Francis Smith, the
father of an acquaintance
of his was the Lieutenant
of the record.
Page 90

State of Virginia
City of Richmond⎬ to wit
I George W. Munford do
certify that I was intimately acquainted with
Francis Smith deceased of the County of Washington
in this State & that he has often spoken to
me of his father Francis Smith who resided
in the County of Chesterfield & lived to an advanced
age in that County & I have every reason to believe
from information I have received that the Lieut
Francis Smith who acted as adjutant in the
year 1780 at Chesterfield Courthouse is the
individual who was the father of the Francis
Smith with whom I was acquainted. Given
under my hand this 15th September 1855
George W. Munford
Page 91

Hon Secretary
of the Interior
Dear Sir
On yesterday I
detailed to your Honr. the sayings and
impressions of Mrs Findlay, She is this
morning on a visit to my Family, and
now in my office, in relation [inserted:] to her
Grand Father resigning before the
Close of the War, _ she says, the
fighting was over, but, peace was
not made _. I asked her how
these things were impressed on her memory,
ansr, my Grand raised [inserted:] me from five years
old, untill I married and his reporting
these things so often [crossed out, illegible] impressed my mind
& memory.
Mrs Findlay is not interested
in the pension in light of Lieut. Smith,
She would not have any part of it.
She does not need it. She [illegible] this
Explanation,

JW Stevens
Page 92

Abingdon Sept 14 1855.
Comr of pensions
I enclose a Certificate
showing there no other Lieut Francis Smith
of the Virginia, State or Continental line
Who recd? Bounty from Virginia and
you have the certificate on file showing
that he did receive, and the amt, our
Francis under whom we claim, resided
during the War in the County of Chesterfield
(rather his Family) and continued to reside
there to the day of his death in 1834, anything
I may say personally avails nothing,
but I can say- that I knew Lieut F personally
and in 1814 when I was young I was at his
House with son Captain Wm Smith, and
to us be narated his service in the War,
said, [illegible] here, Sir, my wife & children
lived all the time I was gone-- If the
Identity of Smith, there cannot be a doubt
of his children, none will dispute, and to
whom he sold his Warrant for Bounty we
yet have not assertained, nor can I suppose
It can prejudice the claim, when the other
facts are so plainly proved,
I am Sir
Very Respectfully
Your ObtSt
JW. Stevens
Page 93

Abingdon Sept 9th 1855.
Comr of Pensions,
Dear Sir
In a conversation
with Mrs. Finday, Grand Daughter of Lieut F. Smith
he informs me, she heard her Grand Father
say, he resigned his commission, in the Continental
Service a short time before the close of the War
in consequence of the sickness of his wife, and
death of a child, _ does any record in
the department, show the resignation of Lieut
F Smith. If so, he is our man. I am
however seeking Other required proof in
relation to the disposition of his Bounty
Land, if Obtained, it will be enclosed.
I am Dear Sir
Yours truly
JW. Stevens
Page 94

ABINGDON
AUG 25 
Va.

FREE

Comr of Pensions
Pension Office
Washington City
D. C.
Page 95

Abingdon August 24th 1855,
Comr of Pensions
Dear Sir
in ansr to your letter a
few days [inserted:] ago in relation, to the disposition made
by Lieut F. Smith of his Bounty Land from Va
and the Fed Goverment, I would very respectfully
refer to the Rolls of Virginia- those it will be
asertained of there [inserted:] were more Lieut. F. Smiths than
one in the continental line, and who
No Bounty Land,  - he is the only one of that
Grade & name who recd from Virginia, so I
am told by the Heirs, and the Land Office
at Richmond Va. I much hope that
fact will shed some light, reliable on the case
and Identity of F. Smith & Him
I am Dear Sir
Very respectfully
Your ObtSt
JW. Stevens
Page 96

Abingdon August 21 1855
Comr of Pensions
Dear Sir
your favour, in
relation to Identity of Frances Smith, was
rcd on yesterday, and I beg to say to you, we are
fully apprised of the necessity of legal proof being
adduced in compliance with rules laid down
in such cases, but I assure you we have to
obtain it by halves as we can. I often send
on proof. Well knowing it is not fully, but rely
on time and exertion to complete it, such has
been the case, in Frances Smith, to be sure.
Wm Smith is a party interested, consequently, what
he says is no proof. that his Father was an Officer
in the Revolution, but the fact (aside from the
knowledge of the Department, has always been
notorious that he was a Lieut in the continental
line, but aside from this. I hope to be able to
Show if posible the disposition he made of his
Bounty land, given by Virginia, his Heirs was
not apprised of his having rcd his Bounty land
from the Fedl Goverment, in a conversation
with his Grand daughters here, they remember to
have heard, but how they cannot say, that he sold,
his claim at an early day, either in Warrant
[illegible], or after location, I have written to his sons
Hon Ballard Smith & Wm Smith probably they
may be able to throw some light on the subject,
Frances Was, Born in the County of Chesterfield
Married there and the sickness of his wife during the
War, often called him home on furlough, so says
Mrs Findlay his Grand daughter, & when on his
death bed, spoke of pension
due him, I gave it to Mrs Findley,
Wheen obtained,
I am Dear Sir, truly
 & respectfully your Obt St
JW. Stevens
Page 97

Abingdon August 10th 1855.
Comr of Pensions
Dear Sir
a few days ago, I enclosed
to you the affidavit of Mr Peter J. Branch, who had
previously proved identity of the children, now living
and then living, of Lieut Frances Smith, Who an
claiming pension _ this affidavit is supplementory
Confirmation of that previously made in open
Court, at the time declaration was made by
Mrs Catharine Findlay his Grand Daughter, which
I by reference to (subsequently when administration
was appointed, another declaration was made
in the Name of administrator Wm K Huskle,
which please find on file, also that of Mr.
Robertson showing the date of Death filed, which
Was the last required by your Honbl predecessor.
And I much hope you will find all, fully
Satisfactory, and that certificate will Issue
you will perceive, the Heirs claim his half pay
from 1780 to 1826. & his full pay under act of 1828
up to his death in 1833. And his Bounty land.
deducting $1600 paid him from the above
claim & they ask this sanctioned by the same of
1855, including his
Commutation pay
46 years half pay,
5 years Commutation pay
7 years full pay Exclusive
of Fractions of time
& deduct $1600 recd
& Bounty land & Issue Warrant for Bounty land, this is the
Claim of Hon Ballard Smith. Wm Smith & Sarah Roddy
only children, & Heirs at Same, of Lieut Frances Smith deceased

I am SDear Sir
Very respectfully
your Obt St
JW. Stevens
Page 98

Pension Office
August 9 1853
Sir
I regret that I have been so peculiarly
unfortunate as to have writen five letters to
you without having succeeded in any one of
them in conveying intelligbly my apprehensions 
as to the nature of the evidence required
to establish the claim of the children of Francis
Smith of Va to [crossed out: supposed] arrearage of pension
supposed to [crossed out: been] have been evidence at his
death. I shall endeavor once more to make my
self understood,
I desire that the exact date of his death shall
be proved by, at least two witnesses, who shall
be certified to be credible by the officer before whom
the affidavits are made, by the same character
of testimony it must be shown who are
his only children now surviving. A Lieutenant
Francis Smith received Land of the
Page 99

and from the U. States,
State of Virginia for his services rendered [crossed out: in]
during the war of the Revolution. If it can 
be shown that the Lt Smith who received
this Land was the father of the applicants
in this case a pension will be allowed,
Probably the simplest way to do this will
be to trace the land, What was done
with it? Where was it located? to
whom did Smith [illegible] for it? Or is
it still in possession of the family? If
these suggestions can not be carried out, the
services for which a pension is claimed must
be proved by witnesses who know of its rendition_
Your experience as a pension agent
must have taught you by now the absolute
reality of connecting the man in where right
a pension is claimed with the Record adduced
in support of the claim, by competent testimony
A mere coincidence as to names is clearly
insufficient.
undered in
J. W. Stevens Esq
Abingdon
Va

[In right margin:] 183?
[Illegible] 9/53
Page 100

Abingdon August 7th 1855.
Comr of Pensions
Dear Sir
a few days ago.
I respectfully refered you to the declaration of
Mrs Catharine Findlay - for proof of identity
of the Heirs of Lieut Francis Smith that proof
was made by Mr Branch, I now enclose
Mr. Branchs affidavit of Identity, and much
hope, it may be satisfactory
I am Dea Sir
my respectfully
your obt St
JW. Stevens
Page 101

Pension Office
Aug 30, 1855.

Sir
In reply to your letter of the 24th
[illegible] instant to the claim issued on right
of Frances Smith, under the Act of May
15. 1828, I again repeat that it is, in the
first place necessary to [illegible] by the certificate
of a Court of Record, whether then
a child of the said Frances Smith
now living _ and if so, that their names
ages as stated to the certificate _ and
[crossed out: fourth] [inserted:] also the precise day on which he
died. The facts must be within the
personal knowledge of the Judge, also
[crossed out, illegible] may sign the certificate, [crossed out: or] & the
names and [crossed out: the] places of residence of the
witnesses, a when evidence his certificate [illegible]
land, be stated, [inserted:] and so, their afficavits [crossed out, illegible]
[crossed out, illegible] proper authentication, [crossed out: stated]
appended to the said certificate.
Page 102

Here is the preliminary measure-  for unless
there are children of the said Francis living
there is no claim.
It must, next, be shown not the sons children
are the children of Lieut Francis Smith,
who was a Lieut and Adjutant in the
Continental Line of Virginia, and received Land
from [several words, illegible] and the United States, _
and also his commutation pay per the
latter if they are the children of that party
the fact can be established by the most direct
proof, for the archives at Richmond
which must show not only where the said
party resided _ where he was appointed,
[illegible] when he applied for the Land
[crossed out: did] [inserted:] and other facts to which he can be 
directly traced, But independant of that testimony
[crossed out: it is not an] there must be abundant [crossed out, illegible] [inserted:] evidence
[crossed out: any the Records], if not among the private
papers of the family, [serveral words, illegible], which
Page 103

must also prove the fact of [serveral words, illegible] so. But
yet the testimony adduced to establish [illegible]
undoubtedly is of the next [two words, illegible],
and enabled to no weight whatever,

J.W. Stevens
Abingdon
Virginia
Page 104

J.W. Stevens Esq
Abington, Va
Aug 30/55
Page 105

Pension Office
July 25 1855

Sir
The affidavit Mr Wyndham Robertson
has been received and filed with the papers
of Francis Smith Decd of Va under the
Act of 1828 and await the proof of
dentity required

1828

J. W. Stevens Esq
Abingdon
Virginia
Page 106

S. H. Parker's letter
to Mr Stevens detailing
what Mr Mumford
believed,
Page 107

Va. L. Office Richmond. Sep. 7. 1855
J. W. Stevens Esq.
D Sir:
Yours of the 5 Inst. was recd yesterday.
I have carefully examined the papers on filein this Office and
have not been all to ascertain his place of residence.
I have examined the Rolls of enlistment in Chesterfield &
find his name as a soldier. I have also examined
the papers on the Secretary's Office & have found evidence which
will probably be satisfacting to the Department. There
is a certificate there which describes him as serving in
the Capacity of Adjutant at Chesterfield Ct. House from
1st April 1780 to 1 Sept following.
The Secretary, Col. Munford says that he knew him
as a resident of Chesterfield, of his being the father of
Ballard  & others mentioned. His time he cannot
swear that he served in the war, but has no doubt
of the fact in his own mind.
If you think the Certificate referred to will be of
service (and I think it [illegible],), I will forward it
to you. the for for the copy, to the Secretary will be $1.50.
My fees 75 cents. And due me E.E. is $1.54.
I am D Sir
Your &c.
S. H. Parker
Page 108

Va L. Office. Richmond, Aug 23 1855.
J.W. Stevens Esq

Der:
Yours of the 21st Inst was to to say
It appears that wt No 70 iss fr 2666 2/3 acres as to Lt.
Francis Smith of the Conl line _ and that 2000 acres
part thereof were located in Ohio, and the residue
666 2/3 acres located in Ky,
The Comr of the General Land Office can
inform you in whose names the locations were
made & to whom the patents issued: I cannot.
Fees 50cts
I am D Sir.
Yours &c
S. H. Parker.
Page 109

Abingdon August 28 1855,
Mr. S. P. Waldo
Dear Sir,
A few days ago. I was required
to prove Identity of the Heirs of Lieut Francis Smith,
I would very respectfully refer to the declaration of
Mrs Catherine Findlay his Grand Daughter, filed
in the Office, in which not only his living children
but the Grand Children are Identified, his
living children you will percieve are Honl
Ballard Smith and Wm Smith, of Greenbriar
County, and Mrs Roddy of Richmond, since
the filing of Mrs Findlays declaration, I had
administration [inserted:] taken and made subsequent
declaration in the Name of Wm Huiska
the administrator, and unless the declaration
made by Mrs Findlay is mislaid, you will
find therein proof of Identity.

I am my Dear Sir.
Yours truly and
respectfully
J W. Stevens
Page 110

Abingdon July 12th 1855.
Comr of pensions
Dear Sir
Enclosed is the
affidavit of Wydham Robertson, in the
case of Lt. F. Smith, he swears to date
of death, from entry in his Sons Book, who
was Executor of his estate. Mr Robertson
confirms, Mr Branchs oath of Identity
of the children of Lieut Smith to wit,
Hon Ballard Smith Wm Smith & Sarah
Roddy _ these are his only surviving
Children,
I am Dear Sir
Very respectfully
Your obt St
JW. Steverns
Page 111

Pension Office
July 4 1835
Sir
Please endeavor to comply with the requirements
of this office, in the case of Francis
Smith of Va. Let him be identified as
the man who received land from the State 
of Va for his services and have the date
of his death properly proved and show
who are his surviving children. I must
confess I can not perceive the utility of
enclosing certificates if to be filed in case
which you admit to be wholly valuable
as evidence, but [inserted, two words:] to examine which consumed
a great deal of time and labor in the office.

1828

JW Stevens Esq
Abingdon
Va
Page 112

Abingdon, July 30 1855,
Comr of Pensions
D Sir to my Mary solicitations
for Certificate of the date of the death
of Lieut Frances Smith, It seems Impossible
to get parties to understand the necessity
of making oath to the facts they State,
Capt Wm Smith made a certificate,
Stating date of death, on the Information
of his nephew & that not authenticated,
I wrote Wydham Robinson, to make
certificate, of the same fact from the
hand writing of his Father in law Feak [sic]
Smith, who was Executor Mr Robinson
has enclosed to me the enclosed note
siting forth the date of death 19 April
1833, which is no doubt true, and of in
proper form Sworn to would ansr
the requirement, I have written to Mr
Robinson enclosing affidavit, to be
Sworn to, and hope I may get it sent
back for authentication to send to the
the department, Some Gentlemen seem
to think, it is only necessary to say such a
thing, taking it for granted their word
Will go as far as an Oath Generally,
not reflecting, that the law makes no
distinction in matters of this sort,
am Dear Sir
very respectfully
your Obt St
JW. Stevens
Page 113

J. W. Stevens
Lt. Francis Smith- decd
Page 114

Abingdon Sept 15th 1854
Comr of Pensions
Dear Sir
your favour is just recd in
relation to the Claim of the Heirs of Lieut F Smith, 1st you
mistake me, in supposing, I claimed half pay for
life in behalf of the Heirs, If you will attentively
had the declaration, you will see, we only
Claims 2 ½ years. or 2 years 7 months half pay
up to the time, the half pay was commuted to
five years full pay, in 1783, that is the amt of
half pay we claimed, not believing the law
of 83, could abrogate What was then due
I am still of that opinion, in the absence of
better information, [illegible] We were not before apprised
of Lieut Smith having recd his Bounty & five years
full, or commutation pay _ so far Eight,
3. you tell me it is not competent for Grand
children to claim under act of 15th May 1828
have you attentively had the declaration, If
you have you will see his two sons Ballard
& Wm Smith of Greenbriar County Claim said
pension under said act, all his children living
& dead are named, and Grand Children, and his
two sons living so far from here requested Mr
Findlay to declare for their benefit. Lieut
Smith died in 1834, the Heirs Claim full pay
under said act from 3d of March 1826 1826 to
the day of his death, 8 years, & Interest from 1834
time he and till paid _ is there any wrong in this.
If there is, it is only in relation to the Interest.
We hope & Expect payment under act of 1828
Most respectfully
Your Obt St
JW. Stevens
Page 115

Abingdon Octr 23d 1854
Comr of Pensions
Dear Sir,
I would most respectfully
call attention to the case of Lieut Smith, whose sons
Ballard & William are claiming pension under
act of 15th May 1828. _ they reside at Lewisburg
Some 150 miles from this place, and authorised
their niece Mrs. Findlay to make declaration
which is on file, you will perceive Lieut
Smith died 1834, I think Jun, they claim his
full pay from March 1826 to time of his
death. Say Seven years. I shall on Monday
have administration taken, and desire to
relieve you, as well as myself of these cases
by final Settlement.
I am Dear Sir
Most respectfully
your Obt St
JW. Stevens
Page 116

Hezekiah Morton Certified
that Francis Smith was
a Lieutenant to the end of
the war - given in 1807.
It has not been shown
that this Francis Smith
was the man in whose
right a pension is sought
to be obtained,
Page 117

I do certify that Francis Smith entered the service
of the United States about the beginning of February
seventeen hundred and seventy seven and was afterwards
appointed a Lieutenant in the army on Continental establishment,
and as such continued to the and of the
late Wer. Given under my hand this 23d day of August
1807.
Hezekiah Morton
Late Capt Army

Prince Edward County to wit
This day Hezekiah Morton appeared before
me T. A. Morton a Justice of the peace for the County
aforesaid and made oath to the above. Given
under my hand this 23d day of August 1807
Tho A Morton

I Thomas A Morton a Justice of the peace for
the County of Prince Edward do hereby certify that
Hez. Morton who hath subscribed his name to the
above certificate is a person of credibility, & that full
confidence may be given to his certificate. Given under
my hand this 23d day of August 1807
The A Morton

Lieut Frances Smith has drawn 26663 acres
Page 118

the certificate states for service "from the 1st
day of February 1777 to this day" & is dated
29th November 1782
Wm Price Regr.
Decr 29th 1807

Executive Department
Richmond Sept 14 1855
The foregoing is a true copy of papers on
file in this department
George W. Munford
Secy of the Comth

I do certify that Lieutenant Francis Smith
acted as adjutant in the year 1780 from the first day
of April to the first of October following at the Genl
Rendezvous at Chesterfield Courthouse
William Davies Col
Page 119

Executive Department
Richmond Sept 15th 1855
I hereby certify that the foregoing paper is a true
copy from the original on file in this department,
George W. Munford
Secy of the Comth
Page 120

Evidence that it
Francis Smith received
Land of the State of
Virginia
Page 121

War Office November 29, 1782
I certify that Lieutenant Francis Smith is
entitled to a Lieutenants bounty of lands
for military service from the 1st day of
February 1777 to this day
 William Davies

No. 70
Warrant for 2666 2/3 and Issued to Francis
Smith, December 24th 1782.

Va &lt;. Office, Richmond Feby 1st 1854
I certify that the foregoing is a copy from the
Records of the Virginia Land Office
Teste
S. H. Parker
Reg. L. Office
Page 122

Comr of Pensions
Sir
your favour in relation to
the claim of Lieut F Smiths Heirs is just to hand
you again ask for the record of F Smiths Children
If any-- you have that proof filed, the Court
Certified the living, and dead children of
Lieut Smith at the time his grand daughter
Mrs Findlay made declaration, and in
ansr to your former letter, proof was made
before a Magistrate of his children,
he now has but two sons living-- others
having died since declaration was made
his living children are Hon Ballard Smith
and William Smith, both of Greenbriar
County Va you next ask for the precise day on
which he died. We have adduced that proof
and it should be on file, the Judge did not, nor
could not know of himself, when he died, but
Mr Robertson made such proof from Record
as satisfied your Hon to predispos on that
point, to wit April 1833 (Thank 19th day). I shall
Enclose to you as soon as I hear from his sons.
in the mean time, should be pleased. If
you would examine all the papers from
the declaration of Mrs. Findlay to the present
In relation to the identity of the children of the said Francis
in what may are we to show that, other than by Genl
reputation, and his recognition, his two sons are old
men; And surely, there can be none living who were
present at their birth, If not, we fall back as stated
reputation, and recognition by the Father, what is
his recognition, (it is his last Will and testament, in
which he calls them by name, is this proof. ┃
Sr. you have it, in the Certificate of the Court
Page 123

Which in Spirit Embraces all the facts, the next
point is to show that he is the Identical Francis Smith
who recd Land Bounty from Virginia & the Fed Govt
how will this be done, we know he did receive from
Virginia (I say may I mean the Heirs) he disposed of the
Warrant as they think, but we are making an effort
to trace it up, of his County Land from the Fed Govt
they know nothing, nor can it be expected after a
case of seventy years, unless he had located the
Land and kept in his family under all the
Circumstances, If we from Indentity of the soldier, and
his service of his children, whether we are able
to show what he done with his land is immaterial
We show he recd [iserted:] it should suffice, and that he
did receive it as the Identical man who performed
the service, and the children are the children
of that Identical Man Lieut Smith was Comd
as Lieut, we know him as such, and it is often
the case, that Lieuts are taken as Adjutants
that may have been the case with Smith,
We do not know it. beyond the Information
you give on that point. which we fully believe,
as to his commutation, we were aware of his receving
$1600, but he [inserted:] Heirs did not know by name. What it Was,
the Old Gentleman a short time before his death,
was advised to apply-- he then said, he had recd
after the War pay to the amt [inserted, two words:] of 1600, We are right in
this claim, and hope we will be able to
convince you also. We are not complaining
but only state that ane facts,
I am Sir
Very respectfully
Your Obt St
JW. Stevens
Page 124

State of Virginia
County of Washington} SS On this day personally appeared
before me a Justice of the peace for the County
aforesaid Neal Nilson, who in due and Solemn
form of Law, doth, on his oath declare, that he is
Seventy nine years of age, that he resided in the
City of Richmond from the year 1801 to 1812,
that he was personally acquainted with Lieut Francis
Smith who was reported to have been a Lieut in the
Continental [inserted:] line of Virginia, who received Bounty land
his wife was a Miss Price whose family were
intimate with Lieut Smith and family, and it
was always [illegible] that Lieut Smith was an
Officer in the Revolution, and that he is the
Father of the Hon Ballard Smith, and
William Smith & other children who are
now dead, and from his knowledge of
Lieut Smith, and what he has generally
heard and reported at that day, he believes
he is the Lieut Smith who recd Bounty land
for services rendered, he has heard him say he was an
officer in said War. and recd Bounty Land
Neal Nelson

Sworn to and subscribed before me the 27th day of
Sept 1855, and I certify, affiant is a Gentleman
of truth, and can be [illegible]. Given under my
hand the date above written.
John McGinnis J.P.
Page 125

State of Virginia
Washington County
I Jacob Lynch Clerk of the Court of the said County
do hereby certify that Noble J. McGinnis whose genuine signature
appears within now is and was at the time of signing the same
an acting justice of the peace in and for the said
County, duly elected, commissioned and qualified
In Testimony whereof I have hereunto
subscribed my name and affixed the
seal of the said Court this 27th day of
September 1855
Jacob Lynch Cl.
Page 126

Catharine A. Findlay
Page 127

State of Virginia County of Washington
On the 25th day of April One Thousand Eight Hundred and Fifty four before me
John L Bradley a Justice of the Court, in and 
for said County and State, authorized by law to admininister oaths, personally appeared Mrs Catharine Findlay

the identical person whose name is attached to the annexed Power of Attorney, and being duly questioned, acknowledged
the same to be her free act and deed as specified. In testimony whereof I have hereunto set
my hand, and affixed my name, the day and year last above mentioned.
John L Bradley J. Court

State of Virginia County of Washington Sc
I, Jacob Lynch Clerk of the County Court, in and for the County and State aforesaid,
do hereby certify that John L Bradley whose genuine signature appears
to the foregoing affidavit, is, and was, at the time of signing the same, a Justice of the peace
in and for the county and State aforesaid, duly commissioned and sworn; that all his official acts as such, are entitled
to full faith and credit; and that the aforesaid County Court is a Court of Record having general jurisdiction.
Given under my hand, and the seal of my Office at Abingdon this 26th day of April A. D., 1854.
Jacob Lynch Cl.
Page 128

Know all men by these presents, That I Catharine Findlay
a resident of county of Washington, and 
State of Virginia do hereby select, ordain, constitute, and irrevocably appoint, with power
of substitution, JW. Stevens of Abingdon my
true and lawful Agent and Attorney, for me and in my name, place and stead, to examine into, enter,
prosecute, file and defend, before the proper Department of Government, or other tribunal, any claim, or suit, in my
behalf, or in which I may be legally interested, by virtue of my Claim, and the Claim of [illegible]
(Heirs Lieut. Frances Smith for pension & for Bounty Land and
Further empowering my said Agent and Attorney, or his substitute, to apply for and receive any Money, Bounty
Land or Bounties, Pension Claim or claims or other Dues, of any kind whatsoever, that may be found to be due
the Heir for Said Claim for Millitary service in the Virginia [illegible]
Continental line (War of the Revolution,
And further empowering my said Agent and Attorney, and authorizing him to receipt therefor, and give full
and free acquittance thereof in his name, as my Agent and Attorney in fact, but all for my benefit and behoof.
Hereby ratifying and confirming whatsoever my said Agent and Attorney may lawfully do or cause to be done,
as in these premises specified; and as though I were present personally and acting for myself, binding the
heirs, legal representatives and assigns to comply with, and fully carry out and complete any obligation, contract,
or agreement, that is or may be made between me and my said Agent or Attorney, his legal representatives,
heirs or assigns.
In virue whereof I do hereunto affix my hand and seal, this 25th day of April 1854
Cat Findley
Witness,

Signed, sealed and acknowledged
in presence of}
Page 129

In regard to the claim for [inserted, two words:] half & B. L. by the grand children
of Lt Francis Smith an officer of the Va Contl line
you are informed that U. S. L. W. 2074 for 200 acres issued
Apl. 26. 1798 to afsd. Lt. Francis Smith _
In the decl of the heirs they admit that Lt. Smith
recd on 23 Nov. 1784 certs for his com. pay under the
the act of Congress 22nd March 1783 - also that he
recd from the State of Va 2666 2/3 acres-
The land granted to Lt. Smith by the U.S. & the
certs for com pay were all that, that office was
entitled to, at the close of the war of the rev.
Your idea that he was entitled to [?] pay for life under
the res of Congress. Oct 21. 1780 is entirely erroneous _ Said Resolus
having been abrogated by the passage of the Res. of Congress of
March 22, 1783, granting 5 years full pay in lieu of [?] pay
for life, promised by the Rev. of Oct 21, 1780 -- In regard to this
claims for the 5 years full pay just referred to, they [illegible] barred
by acts of limitation passed as early as the year 1790- such claims,
therefore cannot now be recognized by any of the Ex. Office of the Govnt
Page 130

[crossed out: and all applications for [illegible]], must be submitted to Congress.
All apps for same or any interest due thereon [above sentence to be inserted here] - [Illegible, two words]
[crossed out, illegible] [inserted:] will perceive that the account which you set forth in
relation to pay & interest is utterly vague & untenable
& that there is nothing did in pay or land to the heirs
of the afsd. Lt. Francis Smith_
The heirs also claim pay under the act of 15 May 1828
[Two lines crossed out, illegible]
Page 131

Abingdon August 23d 1854
Comr of Pensions
Dear Sir
the Heirs of Lieut. F. Smith,
desire me to say to the department, they will be
pleased if their claim can be examined in its
regular order of business-- I made that assurance
to them, and to gratify them make this
communication.
I am Dear Sir
Most Respectfully
your Obt St
JW. Stevens
Page 132

Abingdon April 28th 1854,
Hon Comr
Dear Sir,
I enclose the claims
on declaration & certificate of the Heirs of
Lieut Fr. Smith of the Virginia Continental
line for pention and Bounty Land.

I am Dear Sir
Very respectfully
Your Obt St
JW. Stevens
Page 133

Mr J.W. Stevens, Abingon _
Sir
In the [illegible] Book of W.F.
Smith, Exor of Capt. F. Smith of Chestd
I find, in the handwriting of the
former the following entry under the ┃
day of Jany 29th 1834 _
By Cash Collected by Becky Smith
from the 19th day of April 1833, the
day of Fr Smith's death, to Fr Smith
in taking on himself the execution
of the Will " [illegible]
I presume this memo will
answer your purpose as fully
as any other whatever _
Your Obt st
Wyndham Robertson
The Meadows, June 27 1855
Page 134

A supplemental declaration, made by William K. Heiskell
Administrator of the Estate of Said Frances Smith, for the
purpose of obtaining the Bounty land, and pension due to said
Lieut Smith, as set forth, in the declaration made by Mrs
Catherine Findlay _ now filed in the pension office, which
he refers to, and makes a part of this declaration
State of Virginia
County of Washington ⎬ SS On this day personally appeared
in open Court now in Session, William King Heiskell,
who in due and solemn form of law, doth, on his oath
declare, to the best of his knowledge and belief, that Lieut F
Smith, was a Lieutenant in the Virginia Continental line.
that, by proof filed, he served five years & seven months in
said line, that he recd for said service from the State of
Virginia, the Bounty land promised by said State, proof of
which is also filed in pension office, that he from
the Fedl Goverment, about [illegible] dollars
in commutation pay _ he claims the bounty land
promised by Congress, he claims the half pay under
act of 1780 promised under act of 3d March 1855.
he claims the full pay under act of 15th May
1828, from 3d March 1826 to 15th June 1834, the
time of his death [inserted, two words:] as believed and all other Interests due
the said Lieut Smith under various acts of Congress
number & Identity of Heirs, is filed in pension office in former
declaration file, also this
of administration [crossed out: it] [inserted:] all filed
Wm King Heuskell
Sworn to and subscribed in open Court this 26th day of
April 1855
Teste
Jacob Lynch Cl
Page 135

State of Virginia
Washington County ⎬Sc
I Jacob Lynch Clerk of the County Court of Washington
in the State aforesaid, do hereby certify, that the foregoing
supplemental declaration of William King Heiskell administrator
of Francis Smith deceased, was [illegible] a Court continued
and held for the said County of Washington on the 26th day of
April 1855. subscribed and sworn to in open court by the
said William King Heiskell, and the same was ordered
to be certified.
In Testimony whereof I have hereunto
subscribed my name and affixed the
seal of the said Court, this first day of May in
the year 1855
Jacob Lynch Cl.
Page 136

Abingdon May 2d 1855,
Comr of pensions
Dear Sir
I enclose supplemental
Declaration of W. Haskell, administrator
On the Estate of Lieut F Smith, for the purpose
of obtaining pension due, We have sought
the exact day, of Lieut Smiths death and the
best data is that stated stated viz 15th June
1834, we hope however, to obtain record
proof from Richmond
I am Dear Sir
Very respectfully
Your O B. St
JW. Stevens
Page 137

Abingdon June 22d 1855
Comr of Pensions
Dear Sir,
having written to Hon Ballard
Smith & his Brother Wm Smith for certificate of
the death of their Father Lieut F Smith of the
Revolution, in whole right the children are
claiming, I have just recd the within paperr
purporting to be certificate, Capt Smith being
a lawyer, ought to have known the necessity
of having it authenticated, and indeed, in my
letter I stated that fact in particular all
is, I have no earthly doubt true, but still there
is an omission, I would be glad if it
will be Recd
I am Dear Sir
Very respectfully
your obt St
JW. Stevens
Page 138

ABINGDON
JUN 25

FREE

Francis Smith
Va Jun 1828

Comr of Pensions
Pension Office
Washington City
D. C.
Page 139

Abingdon May 12th 1855
Comr of Pensions
Dear Sir
on last evening, I recd
yours [inserted:] in relation to Lieut F. Smith, Enquiring if any of
his children were alive, please refer to papers
filed, with the declaration made by his Grand
Daughter Mrs C. Findlay, in which, or with which
the Heirs are proven, and their Identity, to & of the 
Same Lieut Smith who recd Bounty land from Va
also in that declaration are set forth the names
of his Children, three of whom only are living viz,
Hon Ballard Smith & Wm Smith, of Greenbriar
County, and a Sister Mrd Roddy of Richmond
Miss Ballard & Wm, requested the declaration to
be made here, saying they would not be
troubled with it, and whatever was obtained
could from herre be distributed, there is but one
fact yet wanting, which is, proof of the exact
day of his death, the the Heirs say and alledge,
It occured about the middle of June 1834, [illegible]
Says 1835, I am Still Endeavouring to get the
Exact date from near Richmond, where the
old man lived ever since his service & Indeed
before, and where he died. the Identy is beyond
dispute, Mr. Branch, Clerk of our Superior Court
testifies to that fact, he was born & raised with
the family _ he is now Sixty odd years of age.
there is nothing more true, than they are the children of the
Identical F. Smith who recd
Bounty land from Va as set
forth, [illegible] Certificate of
Mr Parker on file.

I am Dear sir
Very respectfully
Your Obt St
JW. Stevens

It seems, his children have no record of his death
Page 140

Know all Men by these Presents, that I William King Huskle
a resident of the County of Washington and
State of Virginia do hereby select ordain, constitute, and irrevocably appoint, with power
of substitution, JW. Stevens of Abingdon my
true and lawful Agent and Attorney for me and in my name, place and stead; to examine into, enter
prosecut,e file and defend, before the proper Department of Government, or other tribunal, any claim, or suit, in
behalf, or in which I may be legally interested, by virtue of my Claims, as administrator
of the Estate of Lieutenant Francis Smith of the Virginia Continental
line, for pension in right of said Lieut F. Smith, and
Furthermore my said Agent and Attorney, or his substitute, to apply for and receive any Money, Bounty
Land or Bounties, Pension Claim or Claims, or other dues, of any kind whatsoever, that may be found to be due the Heirs
of said Lieut in Bounty land and in pension, as set forth in
declarations under the various acts of Congress,

And further empowering my said Agent and Attorney, and authorizing him to receipt therfor, and give full
and free acquittance in his name, as my Agent and Attorney in fact, but all for my benefit and behoof.
Hereby ratifying and confirming whatsoever my said Agent and Attorney may lawfully do, or cause to be done
as in these premises specified; and as such as though I were present personally and acting for myself Binding The
heirs, legal representatives and assigns to comply with, and fully carry out and complete any obligation, contract or
agreement, that is, or may be made between me and my said Agent or Attorney, his legal representatives, heirs
or assigns. In witness whereof I do hereunto affix my hand and seal this 23d 23d
day of April 1855.
Wm King Huskell
Witness,

Signed, sealed and acknowledged
in presence of}
Page 141

State of Virginia    County of Washington
On this 23d day of April One Thousand Eight hundred and Fifty five before me,
John Eakin Presiding Justice of Court in 
and for said County and State, duly authorized by law to administer oaths, personally appeared William King _ _Huskle
the identical person whose name is attached to the annexed Power of Attorney, and being duly questioned, 
acknowledged the same to his free act and deed as specified. In testimony whereof, I hereunto set my
hand, and affixed my name, the day and year last above mentioned.

John Eakin J P.

State of Virginia County of Washington Sc
I, Jacob Lynch Clerk of the County and in and for the County and
State aforesaid, do hereby certify, that John Eakin whose genuine signature appears
to the foregoing affidavit, and was, at the time of signing the same, a justice of the peace
in and for the County and State aforesaid, duly commissioned and sworn: that all his official acts as such, are entitled
to full faith and credit; and that the aforesaid County Court is a Court of Record having general jurisdiction.
Given under my hand and the seal of my Office at Abingdon this 1st day of May 1855.
Jacob Lynch Cl.
Page 142

Lieut F. Smith
Page 143

Abingdon Jany 8th 1855
Comr of pensions
Dear Sir
I Enclose Certificate
of administration on the pension of Lieut F. Smith
Va Conl. line. I will shortly be able to adduce
the desired proof of date of his death, also a
Supplemental declaration by his son Hon
Wm Smith
I am Dear Sir
Veryy respectfully
your obt st
JW. Stevens
Page 144

Virginia
At a Court held for Washington County the 25th
day of December 1857.
On the motion of William King Heiskell who took
the oath of an administrator prescribed by law and entered
into and acknowledged his bond in the sum of Six thousand
dollars with John D Mitchell Father Johnson, Adam
Hickman and John H Coleman his securities conditioned
as the law directs: A Certificate is therefore granted him
for the obtaining letters of administration on the estate of
Francis Smith Senr deceased in due form.
The foregoing is a true copy from the records of the
Court of the said County of Washington. In Testimony
whereof I Jacob Lynch Clerk of the
Court of the said county, have hereunto
subscribed my name and affixed the
seal of the said Court this 8th day of
January 1855
Jacob Lynch Cl.
Page 145

Abingdon Sept 22d 1854
Comr of Pensions
Dear Sir,
In relation to the case of Lieut
F. Smith. You will perceive by proof, he died in 1834. his
Heirs Claim pension under act of 1828 from 3d of
March 1826 to his death, his two sons, Ballard and
William Smith of Green Briar County Va authorised
their Niece Mrs Findlay to make declaration,
not supposing an exception would be taken to
that fact. When all the facts were presented
and as the Grand Children, under our laws would
be distributed of that portion of pension due
their parents, who [inserted:] were the children of Lieut Smith, the
only living children of Lieut F. Smith, we claim
said pension, tho in the name of Mrs
Findlay who declares.
I am Dear Sir
Very Respectfully
JW. Stevens
Page 146

State of Virginia
County of Washington ⎬ On this day personally
appeared before me a Justice of the peace for the
County aforesaid, Wydham Robinson Esqr. a resident
of this County, who in due and solemn form of
law, doth, on his oath declare, that Capt. Frances
Smith decd of Washington County, was Executor of
Lieut Frances Smith of Chesterfield County. That he
Wyndham Robinson is the son in law of the said
Frances Smith Sr decd of Washington, and administered
on his Estate - that he finds, in the hand writing of
the said Francis, Executor of his Father, the following
Entry under date of Jay 29th 1834. By Cash, Collected
By Becky Smith, from the 19th of April 1833 the day
of Frances Smiths death, to Frances Smith Jr taking
on himself the Execution of the Will of his Father
Lieut Frances Smith, on the Virginia Continental line,
and sd County Land from Va, Wyndham Robinson

Subscribed and sworn to before me this 9th day
of June 1855. I certify, Mr Robinson is a Gentelman
of truth, and Can be relied on. Given under my hand the
date above written

Abe McGinnin J.P.

Mr Robinson further makes oath, that Honl Ballard
Smith, Wm Smith & Mrs Sarah Roddy, are the only
surviving children of Lieut Frances Smith dcd, who
recd Bounty land from the State of Virginia for Services in the Continental line as a Lieutenant, J. P.
Page 147

State of Virginia
Washington County  S.S.
I Jacob Lynch Clerk of the court of the said
county of Washington, do hereby certify that Noble J.
McGinnis whose genuine signature appears within, now is
and was at the time of signing the same an acting justice
of the peace, in and for the said county, duly elected,
commissioned and qualified.
In Testimony whereof, I have hereunto
subscribed by name and affixed the
seal of the said court this 11th day of July
in the year 1855.
(signature of Jacob Lynch) C.C.
Page 148

Abingdon May 28 1855
Com. of pensions
Dear Sir
I hope I shall be
pardoned--for Imposing extra trouble on
the department,-- in Enclosing declaration
this morning, in the case of [illegible] Smith I
[illegible] the form of attorney accidentally
and now enclose it.
I am Dear Sir
Very respectfully
Your obt. st
(signature  J W. [illegible])