Revolutionary War Pension and Bounty Land Warrant Application File S. 42331, for Isaiah Smalley, New York
Page 1

New York     
Smalley, Isaiah     
S42331     
BLWt.536-160-55.
Page 2

7454
[illegible] & N.Y.
Revolutionary War
Isaiah Smalley Private
---
Revolutionary Pension
Capt Walker
Col Cortlandt
N.Y.  Line
Capt. Walker
N.Y
Col. P. V. Cortland Cont'l. Line
[illegible]
Allot'mt 160 acres
May 24/'55
Boynton

Warrant No 536 Issd May 24/55
Ira Meade
Carmel
Putnam Co
N.Y.
Vol 81, page 143
Page 3

New York
Isaiah Smalley
of Putnam County in the State of New York
who was a Private in the company commanded by Captain Walker of the Regiment commanded by Colonel Van Cortlandt in the New York line, for the term of 16 months from March 1782 to June 1783
Inscribed on the roll of New York
at the rate of Eight Dollars per month, to
commence on the 22d day of May 1830
-
Certificate of Pension issued the 22 of May
1830 and sent to the Hon. H.B. Cowles, House of Reps
Arrears to 4th of Sept 1830 $27-69
Semi-anu'l all'ce ending
$27-69
{Revolutionary Claim,
Acts March 18, 1818, 
and May 1, 1820.}
Recorded Book D. Vol 5 p. 138 
B.S. Beale
Page 4

7454

Isiah Smalley
application


Ira Mead
   agent
Carmel Putnam
Co. N. York
Page 5

State of New York
County of Putnam ss
On this 19th day of March 1 1855 personaly appeared before me Ira Mead clerk of the Putnam County Court within + for the County and State aforsaid Isiah Smalley a resident of Kent Putnam County in the State of New York aged 97 ninety seven years who being sworn according to law declares that he is the identical Isiah Smalley who was inscribed on the pension roll on the 22d day of May 1830 under the Act of March 18 1818 at the rate of ninety six dollars a year that he was in actual service in the war of the Revolution for more than fourteen days as will appear by the papers accompaning his application for a pension under the act aforesaid. He makes this declaration for the purpose of obtaining the bounty of land to which he may be entitled to under the act approved March 3 1855.  He further states that he has never received a warrant for County land under this or any other act of Congress.  That he did once apply for bounty land under a former law but did not receive and Ira Mead was his agent in applying for said bounty land last refered to that he has never made any other application except this one.  That said Smalley served in the company commanded by Captain Walker in
Page 6

in the Regiment commanded by Colonel Van Cortlandt in the New York Line.
He would refer to the papers accompaning his application for a pension and now on file in the Pension department for the date of enlistment and discharge and further that he was honorably discharged.
Isiah (his x mark) Smalley

We Isiah Smalley Junior and Diantha Smalley residents of Kent in the state of New York up our oaths declare that the forgoing declaration was signed and acknowledged by Isiah Smalley in out presence and that we believe from the appearance and statements of the applicant that he is the identical person he represents himself to be.
Isiah Smalley Junior
Diantha (her x mark) Smalley

The forgoing declaration and affidavit were sworn to and subscribed before me on the day and year above written and I certify that I know the affiants to be credible persons that the claimant is the person he represents himself to be and that I have not interest in this claim.
Ira Mead Clerk of the Putnam County Court
Page 7

State of New York
County Putnam}
I, Ira Mead Clerk of the County Court
and for the County & State aforesaid do hereby certify that Ira Mead whose genuine signature appears to the forgoing application and affidavit was at the time of signing the same a clerk of the
County Court in & for said County duly
commissioned & sworn and residing in said
County and authorized to take the same
according to the laws of this State.
In testimony whereof I have hereunto set my hand and seal of the said Court
the 20th day of March 1853
Ira Mead
Clerk of the
Putnam Co Court
Page 8

p. 1937
Isaiah Smalley
affidavit Private
Putnam County, N.Y.
1782 - 3 years
Col Van Cortlandt's
regt. N.Y. line.
4th May 1818
-
Not on the rolls-
Rejected
9 Apr 1819
H.B. Cowler
Barnabas Carver
Judge,
Carmel, Putnam Co.
New York
Page 9

State of New York
County of Putnam} ss:

On the 4th day of May 1818 before me the
subscriber one of the Judges of the Court of Common pleas in and for said County, personally came Isaiah Smalley aged 56 years resident in the Town of Kent in said County, who being by me duly sworn according to Law doth on his oath make the following declaration in order to obtain the provision
made by the late act of Congress entitled an act to provide for certain persons engaged in the Land and naval service of the United States in the Revolutionary War; that he the said Isaiah Smalley first enlisted under the
Continental enlistment in the State of New York in March of the year 1782 in the Company Commanded by Capt Walker & Lieut. Dodge in Col Philip Van Cortlandt's Regiment, 2nd. department of the New
York Line for three years or during the war that he continued to serve in the said Regiment until peace took place and was then in the year 1783 Hon. discharged from the army of the United States at a placed called Snake Hill in Orange County State of New York by proper
Authority and that he is in need of assistance of his Country for support and that he has no other evidence now in his power of his said services.
Sworn to and declared before me the day and year aforesaid
James Townsend for witness
Barnabus Carver 

Isaiah Smalley 
(x) his mark

I, Barnabas Carver Jury of the Court of Common pleas in & for this County do certify that it appear to my satisfaction that the said Isaiah Smalley did serve in the revolutionary war as stated in the preceding declaration against the Common Enemy and I now transmit the proceedings and testimony taken and had before me to the secretary for the department of War, pursuant to the directions
of the aforementioned act of Congress the date above
-
Barnabus Carver
Page 10

State of New York
County of Putnam} ss:
I Barnabas Carver Judge as aforesaid do certify
that I am personally acquainted with the within named Isaiah Smalley and know him to be a man in [illegible] circumstances in life & stands in need of assistance from his Country
July 7th 1818
Barnabas Carver

Putnam County
Clerks office      } ss:
James Townsend Jr Clerk of the County of Putnam do hereby certify that Barnabas Carver, Esq. before whom the preceding affidavit and proceedings had thereon appears to have been taken is an acting Judge of the Court of Common pleas in & for said County of Putnam and to whose Judicial Acts full faith & credit ought to be given and whose
Signature appears to be genuine.
In witness whereof I subscribe my name & affix the seal of said Court

James Townsend Jr
July 7th 1818
Page 11

Putnam County
State of 
New York ⎬  ss:
On this fifteenth day of April in the
year one thousand eight hundred & thirty personally appeared in open Court in the Circuit Court of the second Circuit
of the State of New York being a Court of Record with unlimited Jurisdiction & proceeding according to the course of the Common Law Isaiah Smalley resident of the said town of Kent in the said County of Putnam aged sixty seven years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the eighteenth March one thousand eight hundred & eighteen & the first of May one thousand eight
hundred & twenty, that he the said Isaiah Smalley enlisted for the term of three years or during the war in the spring of the year & as this deponent believes in the month of March in the year one thousand seven hundred & eighty two, this deponent distinctly remembers that it was early in the spring
of the year preceding the spring he was discharged from the service, in the Company commanded by Captain Walker in the Regiment commanded by Col. Van
Cortlandt in the line of the State of New York,
that he continued to serve in said Corps until
the spring or summer of the year following his
enlistment when he was discharged from the service at Snake Hill near Newburgh in the State of New York that he hereby relinquishes every claim whatever to a pension except the present, that his name is not on the roll of any other State except the State of New York & that the following are the reasons for not making earlier application for a pension.
That in the month of May one thousand eight
eighteen he applied to Barnabas Carver Esquire
Page 12

then one of the judges of the said County in order to make an application to be placed on the pension roll as a revolutionary soldier when he made the declaration which is hereto
annexed and which as this deponent was informed & believes was sent on to the City of Washington to the office of the Secretary of war, that sometime afterwards his said application was returned rejected & that his name did not appear on the roll, that this deponent then supposed that there was an end put to his application -  that he lives in a very remote & secluded spot in the mountains
of the said town of Kent that he seldom goes from home, that he has had no person to advise with in relation to his claim to be put upon the roll of revolutionary pensioners, that he did not know that his application would be reconsidered until some time in the course of last fall or winter, when Judge Boyd of the said
County came to the house of this deponent and advised him again to make application for a pension & informed him, this deponent, that if proper measures were taken deponent could yet be placed on the pension roll.
And in pursuance of the Act of the first of May one thousand eight hundred & twenty I do solemnly swear that I was a resident citizen of the United States on the eighteenth day of March one thousand eight hundred &
eighteen & that I have not since that time by gift, sale, or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself
within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary war," passed on the eighteenth March one thousand eight hundred & eighteen, and that I have not nor has any person in trust for me any property or securities, contracts or debts due to me, nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed
Page 13

that since the eighteenth March one thousand eight hundred & eighteen the following changes & no other have been made in my property. My real property is the same now as on the eighteenth March one thousand eight
hundred & eighteen, the personal estate is the same except I owned then a yoke of oxen which several years age were disposed of & have been applied to the support of myself & my wife & to the payment of sundry small 
debts - These oxen were sold to Joseph Parks
about the year one thousand eight hundred & twenty six which money went to pay a debt I was owing Jarvis Washburn a merchant for necessaries purchased of him for my family.

Sworn to & declared in open Court on the 15th day of April one thousand eight hundred & thirty before me.
J Morehouse Clerk of said Circuit Court

Schedule of the estate of Isaiah Small[e]y the revolutionary soldier appearing in Court & making oath to the declaration hereto annexed

Real estate between one hundred & one hundred fifty acres of mountain land situate in the town of Kent, a large proportion of which is mountain & rocks entirely valueless, the whole with the improvement thereon may be worth about three hundred dollars, upon which is a mortgage of one hundred dollars
given by this declarant to the loan office twenty years ago is still due & unpaid.

Two old horses worth ten dollars each-$20.00
one of which horses this declarant purchased a few days ago for ten dollars & now owes that sum for him
One other horse worth about $40.00
One Cow with calf worth 13.00
Page 14

Two farrow Cows   ---- 20.00
Two calves, yearlings,---8.00
One old Waggon-------10.00
Two old sleds-------------2.00
Three new chains, three old chains--2.50
One Kettle, one spider, one tea kettle, shovel
tongs & Andirons----------1.50
some earthen bowls, cups saucers & the
crockery for family use----1.50
One table, & one cupboard----3. 00
One wooden clock----------4. 00
This declarant further states that besides the
debt secured by mortgage upon his land as before stated he is now indebted + actually owes to sundry individuals in several small sums, in all amounting to about the sum of two hundred dollars.
This declarant also states that his occupation
is that of a laborer or farmer, that from age
& infirmity & especially from the rheumatism with which for the last five or six years he has been afflicted he is & has been unable to labor for several years last past, that his family consists only of himself & wife, that his wife from age & infirmity is also unable to labour, that he & his wife live in one room in a small house upon the land herein before mentioned, that his son occupies the other room in said house who has a wife & three small children dependent upon his labour for support,
who has the charge of this declarant's land aforesaid who provides for & takes care of this declarant & his wife with the assistance of a grand daughter aged about fifteen years who lives in the family & assists & takes care of this declarant's wife.
Signed
Isaiah Smalley
Page 15

I, Jonathan Morehouse Clerk of the County of Putnam do hereby certify that it appears to the satisfaction of the Court that the said Isaiah Small[e]y did serve in the
Revolutionary war as stated in the preceding declaration against the common enemy for the term of nine months under one engagement on the continental establishment.
I also certify that the foregoing oath or affirmation and the schedule thereto annexed are truly copied from the records of the said Court and I do further certify that it is
the opinion of the said Court that the total amount in value of the property exhibited in the foregoing schedule is four hundred & twenty four dollars & twenty five cents.

In testimony whereof I have hereunto
set my hand and affixed the seal of the
said Court on this fifteenth day of April
one thousand eight hundred & thirty
J. Morehouse Clerk
of said court.
Page 16

7454
ACT OF MARCH 3, 1855.
Received May 22, 1853
---
Isaiah Smalley
Capt Walker
Rev. War

Warrant No 536
Alld 160 acres May 24/55
J Mead
Carmel
N. Y.
Page 17

42331.
INVALID.
Revy
---
File No. 42331
Isaiah Smalley
Private Rev War
Act: 18 March 18
Index: -- Vol. 3 , Page 468
[Arrangement of 1870.]
Page 18

Pens Act, 18,
N.Y. roll
Boynton
Page 19

536
160 acres
Page 20

7454
Page 21

Carmel March 25 1855
Hon. L.P. Waldo Com
Sir Enclosed I send the application of Benjamin Knapp and Isaiah Smalley for bounty lands under act of March 3d 1855
Ira Mead
Carmel Putnam Co
N York
Page 22

to
Hon L. P. Waldo
Comm of Pensions
Washington, D.C.
Page 23

p 49

This Indenture, MADE the the twenty eighth day of June the year of our Lord one thousand eight hundred and eight BETWEEN
Isiah Smalley  of Fredericks in the County of Dutchess of the first part, and the Commissioners for loaning Money of the county of Dutchess of the second part, Witnesseth, That the said Isaiah Smalley for
and in consideration of the sum of One hundred and five dollars to him well
and truly paid, by the commissioners aforesaid hath granted, bargained, sold, aliened, released, enfeoffed and confirmed, and by these presents doth grant, bargain, sell, alien, release, enfeoff and confirm, to the Commissioners aforesaid, and their successors and assigns forever, All that certain tract and parcel of land and premises situated and laying in the town of Fredericks, County of Dutchess & State of New York
Bounded as follows viz. 
Beginning at a stake & stones in the northwest corner of Danl Wixson's farm thence running north seventy eight degrees west thirty seven chains, forty four links, with said Wixon's land to a stake and stones thence north 36 degrees west 36 chains with the line of the said Rowland Baileys and to a stake and stones at the south part of Thomas Carles' farm, then westerly along the line of said Carles' farm as entered in the publick records of the County of Dutchess to a large white oak tree marked therein along John Booth's land, courses taken from said Booth's deed South ten degrees thirty minutes west 13 chains and 60 links along said Booth's land, to a white oak stump thence South 17degrees East along the same to a black oak tree marked, then south ten degrees 45 minutes east, 4 chains & 40 links to a white oak sapling thence on the same south 25 degrees 45 minutes East, ten chains 50 links to a stake, thence on the same south 10 degrees west, 5 chains 24 links to the place of beginning estimated at one hundred acres, be the same more or less

Together with all and all manner of improvements, hereditaments, and appurtenances whatsoever to the same
belonging, or in any wise appertaining, and all the estate, right, title, interest, claim and demand whatsoever, of the said Isaiah Smalley
of, in and to the above bargained premises, and every part thereof :

To have and to hold the above bargained premises, and every part thereof, with the appurtenances, unto the said Commissioners, and their successors and assigns forever, and for the uses and purposes mentioned in
an act of the legislature of the state of New-York, entitled "An act authorising a loan of monies to the citizens of this state," Provided always, and these presents are upon this condition, That if the said Isaiah Smalley, his
heirs, executors, administrators or assigns, shall pay, or cause to be paid, to the said Commissioners, the interest of the said sum of one hundred and five dollars at the rate of seven per cent per annum, on the first Tuesday of May yearly, and every year, and shall also pay to the said Commissioners the said principal sum of one hundred and five dollars with all the interest then due for the same, when the same shall be by them demanded, at any time after the first
Tuesday of May, which will be in the year of our Lord one thousand eight hundred and fifteen, then the above grant, bargain and sale, and every article and clause thereof, shall be void; but if failure be made in any of
the payments above mentioned, then the above bargain and sale is to remain in full force and virtue; and the said Isaiah Smalley
for his heirs and assigns, hereby agree to be
absolutely barred of and from all equity of redemption of the premises after the expiration of twenty-two days after such failure, and the said Isaiah Smalley
for his heirs, executors, administrators and assigns, hereby covenant, grant and agree to and with the said Commissioners, and their successors well and truly to pay to them the interest of the said sum of one hundred and five dollars at the rate aforesaid annually, on the first Tuesday of May in every year,
and the said principal sum of one hundred and five dollars with all the interest then due thereon, when demanded as aforesaid, after the first Tuesday of May, which will be in the year one thousand eight hundred and fifteen. And that at the time of sealing and delivering of these presents, the said Isaiah Smalley
Page 24

[duplicate copy of most of prior page, new text begins at "*" below] (citi)zens of this state;" Provided always, and these presents are upon this condition, That if the said Isaiah Smalley his heirs, executors, administrators or assigns, shall pay, or cause to be paid, to the said Commissioners, the interest of the said sum of one hundred and five dollars at the rate of seven per cent per annum, on the first Tuesday of May yearly, and every year, and shall also pay to the said Commissioners the said principal sum of one hundred and five dollars with all the interest then due for the same, when the same shall be by them demanded, at any time after the first
Tuesday of May, which will be in the year of our Lord one thousand eight hundred and fifteen, then the above grant, bargain and sale, and every article and clause thereof, shall be void; but if failure be made in any of
the payments above mentioned, then the above bargain and sale is to remain in full force and virtue; and the said Isaiah Smalley
for his heirs and assigns, hereby agree to be
absolutely barred of and from all equity of redemption of the premises after the expiration of twenty-two days after such failure; and the said Isaiah Smalley
for his heirs, executors, administrators and assigns, hereby covenant, grant and agree to and with the said Commissioners, and their successors, well and truly to pay to them the interest of the said sum of one hundred and five dollars at the rate aforesaid annually, on the first Tuesday of May, in every year, and the said principal sum of one hundred and five dollars --
with all the interest the due thereon, when demanded as aforesaid, after the first Tuesday of May, which will be in the year one thousand eight hundred and fifteen. And that at the time of sealing and delivering of these presents, the said Isiah Smalley [new text from prior page (*)]
lawfully seized of the above bargained premises, of good, sure, perfect, absolute and indefeasible estate of inheritance; and that the
same now are free, and clear of and from all former and other gifts, grant, bargains, sales, liens, judgments, recognizances, dowers, rights of dower, and other incumbrances whatsoever:  And also, That the above bargained premises, upon the sale thereof, pursuant to the directions of the said act, will yield the principal and interest aforesaid, remaining unpaid at the time of such sale, and until the first Tuesday of May next, after
such sale, together with charges of such sale.
In Witness whereof, the said Isaiah Smalley
hath hereunto set his hand and seal the day and year above written

SEALED AND DELIVERED IN THE
PRESENCE OF US.
Jos H. Cunningham
Char R. Mitchell

Isaiah Smalley (LS)
(x) his mark
Page 25

State of New York
Putnam County} ss: 

Daniel Kent of the town of Patterson in said County of Putnam being sworn says that he is one of the commissioners for loaning money
of the said County of Putnam (which was in the year one thousand, eight hundred and eight a part of the County of Dutchess) and that the within is a true copy of a mortgage remaining on the records of said office against
Isaiah Smalley; this deponent further says that he was not a commissioner for loaning money at the time said Mortgage was given, but that according to the laws of the State of New York said mortgage must necessarily have been
originally given for money lent to the said Isaiah Smalley and this deponent verily believes said mortgage was given solely for money lent; this deponent further says that there is now due, owing and unpaid on said mortgage the whole of the principal sum of one hundred and five dollars mentioned
therein together with interest thereon from the twenty eighth day of June last
Daniel Kent
Sworn this 15th day of May
1830 before me
Samuel Washburn
Judge of Putnam
County Courts

State of New York
Putnam County } ss:

I Jonathan Morehouse Clerk of the said County of Putnam do hereby certify that Samuel Washburn is and during more than six months last past has been a judge of the county courts of said County, duly authorized to administer oaths and that I am acquainted with the hand writing of the said Judge & verily believe the signature "Samuel Washburn" subscribed to the Jurat of the above affidavit to be the proper hand writing of the said Judge. 
In testimony whereof I have hereunto set my hand and affixed the seal of the said County & said Court the 15th day of May A.D. 1830
J. Morehouse
Page 26

21.195
Isaiah Smalley
Page 27

[illegible]
Cortlandtown
March 25
18 m/h

James L. Edwards Esq.
First Clerk in the Pension
Office War Department
in the City of Washington
and District of Columbia
Page 28


Cortlandt Town March 23. 1830

Dear Sir
In conformity with your request I have made
the Enclosed certificate, and following your approved mode of Introduction not only by name but also of Rank in Office, Permit me therefore to inform that I was a Lieut.
Colonel in June 1775, a Colonel of the Second New York Regiment the 21st day of November 1776 and continued as such to the end of the War, having previously received from Elias Baudinot, President of Congress a Commission
with the rank of General in the army of the United States....
and with the highest respects
I am your obedient
Humble Servant
Ph. V Cortlandt

J. L. Edwards Esq

This is to Certify that in the Books kept for the second New York Regiment by Lieut. Christopher Hutton the Adjutant of the Regiment, I find the name of Isaiah
Smalley of Captain Walkers Company. Furlowed on the sixth day of April in the year 1782 and that he returned the 14th and afterwards "he having enlisted for Three years
only" was by order of the Commander in chief Discharged but I cannot find by the Books when he enlisted or when he joined the Regiment.  Given under my hand
in Cortland Town the 23d day of March 1830
Ph V. Cortlandt
Page 29


Free
H.W. Cowles



J.L. Edwards Esq
War Department
Washington
Page 30


Washington May 21. 1830

Sir -
I have received the authenticated
copy of the mortgage required by the department as suggested in your note of the 23d  attached. I presume there is now no objection to the application of Isaiah Smalley for a pension
You will please inform me of the determination
time of his case, & the time from which his pension will commence.
From the letters I have received, it would
seem to be Mr. Smalley's opinion that he
is entitled from his first declaration made
Page 31

some years ago-- will you be so good as
to inform me upon this point.
Your ser[vant]
Henry B Cowles

J.L. Edwards Esq


P.S.  I enclose this copy mortgage & your note of the 23rd also.
Page 32


Washington April 22nd 1830

Sir--
I herewith enclose to you the papers of Isaiah Smalley, an applicant for a pension. It is supposed that the papers are now perfect and unexceptionable, and that he is entitled to a pension from the time of his first
application.

Yours very respectfully
H. P. Cowles


J. L. Edwards Esq
Page 33

[illegible] 
 BLWt.26143-160-55
Page 34

[left-hand column]
New Jersey
Elizabeth Smally
[widow of] Jacob Smally
served in the Revolutionary
as a private
[illegible] on the Roll at the rate of
26 Dollars
per annum, to commence on
[illegible] February 1853
---
Certificate of Pension issued the 4th day of June 1853
and sent to F. E. Hassler
Present-
1853

Recorded on Roll of Pensioners under act
[illegible ]Page 98, vol. a
1832

[right-hand column]
Let. Hen A. Polk, Pennington
March 8/55
Same Mch 19, 1853
Hon. Wm Pennington
Jan 23/60
Page 35

[left-hand column]
[illegible]
NJ
 Aug 11
Feby 13 no 583
Vol [?] 1, page 155.

[right-hand column]
25,400 [illegible] March 30/55

Elizabeth Smalley, widow of
Jacob Smalley Pri

No. 26143 iss May 19/56
War of Revolution
Recd Pension
[illegible] 53-583
[?] 160 acres May 16/56
Boynton

F. E. Hassler
Washington Cty
20
Page 36

Let to Isaac
Smalley Nov. 3 1841
Thos A. Hartwell
Jany 31st 1842
---
31.894
New Jersey
Jacob Smalley decd late
of Somerset in the State of N Jersey
who was a private in the Comp commanded
by Captain McCoy of the regt commanded
by Col Wines in the New Jersey
line for 8 months

Inscribed on the Roll of N Jersey
at the rate of 26 Dollars 66 Cents per annum
to commence on the 4th day of March, 1831 and ending 22 August 1836 the day of his death
Certificate of Pension issued the 14 day of Oct
1841 & sent to Isaac Smalley Esq
Plainfield New Jersey
Arrears to the 4th of March 36 $133.30
allowance ending 22d Augt 11.46
1836 the day of his death________________
                                            $144.76
-
Revolutionary Claim,
Act June 7, 1832 ⎬
Recorded by Theo. L. Moody Clerk
Vol. 2. Page 161
Elizabeth Smalley
of said deceased
Page 37

Elizabeth Smalley, applicant
Revolutionary
Claim of
Elizabeth
widow of
Jacob Smalley
N. Jersey Pension
Act of 1853
Filed 5 April 1833
F.E. Hassler
Washington
Page 38

State of New Jersey
County of Somerset
On this twenty first day of March A.D. 1850 personally appeared before the Court of Common pleas for the County and State aforesaid Elizabeth Smalley a resident of Plainfield in the County of Essex aged Seventy three years, who being first duly Sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of congress passed 3rd of February 1853 entitled
that
she is the widow of Jacob Smalley who was a
Revolutionary Pensioner of the County of Somerset and State aforesaid. She further declares that she was married to the said Jacob Smalley on the Eleventh day of June A.D. 1803 at Warren Township County of Somerset & State aforesaid by one
Lebens Lathrop a baptist Clergyman, and that there is no record-Proof of any kind in existence that can be produced of her marriage aforesaid - but that there are persons living who were present at her marriage aforesaid and saw her married to the said Jacob Smalley. That her said husband the aforesaid Jacob Smalley died at Warren township in the County of Somerset & State aforesaid on the twenty second day of August A.D. 1836.  She further swears that she is still a widow.
Elizabeth Smalley (x) her mark

Sworn to and subscribed on the day and year above written before the Court of Common Pleas for the County of Somerset & State aforesaid in open Court.
In testimony whereof I have hereunto signed my name and affixed the seal of the Court of Common Pleas for the County aforesaid this 21st day of March 1850
Henry D. Johnson Clerk
Page 39

State of New Jersey
County of Somerset} ss:
On this twenty fifth day of March in the year 1853 personally appeared before me Amos Giddes a Justice of the Peace within and for the County and State aforesaid,
residents of the State of New Jersey and County of Somerset who being duly sworn according to law declares that Elizabeth Smalley is the widow of Jacob Smalley deceased, who was a Revolutionary Pensioner of the County and State aforesaid. That the said Elizabeth Smalley was married to the said Jacob Smalley deceased on the Eleventh day of June A.D. 1803 at Warren Township in the County and State aforesaid by one Lebens Lathrop a Baptist Clergyman -  that the witnesses aforesaid were personally present and saw the said Elizabeth Smalley and Jacob Smalley married, and they further swear that the said Jacob Smalley died at Smalley town in the County and State aforesaid on the
twenty second day of August A.D. 1836 that the said Witnesses saw the said Jacob Smalley after he was dead and attended his funeral. That the said Elizabeth Smalley is still a widow, and they swear that they are disinterested Witnesses.
Elizabeth Willet (x) her mark
Catharine Coles

Subscribed and sworn to before me this twenty fifth day of March A.D. 1853, and I hereby certify that Elizabeth Willet
and Catharine Coles are credible witnesses.
Amos Giddes, Justice of the Peace
Page 40

State of New Jersey
County of Somerset} ss:
Know all men by these presents, that I Elizabeth Smalley of the County and State aforesaid do hereby constitute appoint and fully empower and authorize irrevocably, and with Powers of Substitution, F. E. Hassler
of Washington City D.C. as my true and lawful attorney for me and in my name and stead to examine into, to prosecute, to demand and to receive from the officers of the United States Government my rights in all, and in any manner of claim for increase or arrears of Pension or land that may be due me as widow of Jacob Smalley, who died leaving the same undrawn as in right of law she may be entitled.

In Witness Whereof she has on this
day of March A.D. 1853 hereunto signed her name and affixed her seal.
Elizabeth Smalley (x) her mark
Witnesses present
Amos Giddes
Daniel Cory

Signed, Sealed, acknowledged and sworn to before the day and year above written, and I certify that Elizabeth Smalley aforesaid is the widow of Jacob Smalley deceased who was a
Revolutionary Pensioner of the County and State aforesaid.
Amos Giddes    Justice of the Peace
Page 41

State of New Jersey
County of Somerset} ss:
I hereby certify that Amos Giddes Esq. before whom the foregoing affidavits and Power of Attorney were made and who has thereunto subscribed his name, was at the time of so doing a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and
that his signature thereto is genuine.
In testimony whereof I have hereunto
signed my name and affixed the
Seal of the County Court for the
County aforesaid this 29th day
March A.D. 1853

[Seal]  Henry D. Johnson, Clerk
Page 42

WAR DEPARTMENT
Pension Office,
24th May 1833.

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus:   }). You will, when you return your papers to this Department, send this printed letter with them; and you will by complying with this request greatly facilitate the investigation of your claim.

(1)Period when the service was rendered: 1776
Duration of the claimant's service: 21 months
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Col Wines
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(2)Period when the service was rendered: 1777
Duration of the claimant's service:21 months
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Col Wines
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(3) Period when the service was rendered: 1777
Duration of the claimant's service: 1 month
Rank of the Claimant: Private
Names and Rank of the Field officers under
whom he served: Col. Freilinghuysen
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(4) Period when the service was rendered: 1777
Duration of the claimant's service: 8 months, 6 hours
Rank of the Claimant: Private
Names and Rank of the Field officers under
whom he served: Co. Freilinghuysen
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(5) Period when the service was rendered: 1776
Duration of the claimant's service: 2 months
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Capt. VanAsdalen
Age at present, and place of abode when he entered the service:  77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(6) Period when the service was rendered: 1777
Duration of the claimant's service: 2 months
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Capt. McCoy
Age at present, and place of abode when he entered the service:  77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(7) Period when the service was rendered: 1777
Duration of the claimant's service: 1 month
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Capt. Corey
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(8) Period when the service was rendered:  1777
Duration of the claimant's service: 2 months
Rank of the Claimant: Private
Names and Rank of the Field officers under
whom he served: Capt. Jacob Ten Eyck
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(9)Period when the service was rendered:
Duration of the claimant's service: 1 month
Rank of the Claimant: Private
Names and Rank of the Field officers under
whom he served: Capt. David Smally, Col. Wynes
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(10) Period when the service was rendered: 1777
Duration of the claimant's service: 1 month
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Capt. David Smally, Col. Wynes
Age at present, and place of abode when he entered the service:  77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(11) Period when the service was rendered: 1777
Duration of the claimant's service: 2 months
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Capt. David Smally, Col. Quain
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(12) Period when the service was rendered: 1777
Duration of the claimant's service: 1 month
Rank of the Claimant: private
Names and Rank of the Field officers under
whom he served: Capt. VanArsdalen, Col. Quain
Age at present, and place of abode when he entered the service:  77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

(13) Period when the service was rendered: 1777
Duration of the claimant's service: 1 month
Rank of the Claimant: Private
Names and Rank of the Field officers under
whom he served: Col. Freilinghuysen
Age at present, and place of abode when he entered the service: 77, Somerset County
Proof by which the declaration is supported:  Living of Traditionary

I am, respectfully, 
Your obedient servant,
J.L. EDWARDS, Commissioner of Pensions.
Page 43

                                    2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia" and "volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c.  Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
                         DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory of District of  }
County of                              } ss.
On this               day of
personally appeared (a) before
A. B. a resident (b) of               in the county of
            and State, Territory or District
of,         aged (c)                  years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)          , with              ,  and
served in the                (e) regiment of the      
             line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of                          .
Sworn to and subscribed the day and year aforesaid.        A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I,                                   of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of                the application for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of                   & c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the

and C.D. residing in (the same)
hereby certify, that we are well acquainted with                                           , who has
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the
and that C. D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,                                  , Clerk of the Court of
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
                   for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this
day of                     & c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 44

Jacob Smalley
No. 6079
Page 45

State of New Jersey County of Somerset. On this Thirteenth day of August in the year of her Lord one thousand Eight hundred and thirty two, Personally appeared in open Court before the Court of Common pleas of said County of Somerset now sitting Jacob Smally, a resident of the township of Warren in the County and State aforesaid, aged Seventy
Seven years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the Benefit of the act of Congress passed June 7
A.D. 1832- This deponent says that he was drafted in the militia of the County of Somerset in the year 1776, and marched to Elizbeth town where stopped two months then relieved by others under Capt. VanArsdale. The year following was at Elizabethtown two months as a militiaman, left there in the month of April, served under Capt. McCoy, served one month under Capt. Corey
at Pompton in the County of Morris.  The next time served was one month under Capt Corey at Elizabethtown -- then served at Amboy under Capt Jacob Ten Eyck two months,
when was relieved.  --Then served under Col. Wynes and David Smally one month at Plainfield-- Then at Bound Brook
one month under Col Wynes.   Served at
Hackensack two months under thinks under Col Quain -- was out in the service at the Battle of Cresswick Creek under Capt VanArsdale.  He marched to Monmouth
where was at the Battle which took place there. We were out then one month -- was in the Battle at Springfield, Battle at Piscataway at the time the British evacuated New Brunswick.   Was in the Battle at Spanktown (now called Bridgetown) at another time at a Battle at last named place.  During the whole of the time above deponent served as a militiaman in the said State.  At the Battle of Monmouth, served under Col. Frelinghuyson. This deponent lived the whole of the
time he so served in the County of Somerset, where he
Page 46

has lived ever since. He hereby relinquishes every claim whatever in a pension or annuity except the present and Declares that his name is not on the pension roll of the agency of any State --
Sworn and subscribed the day and year aforesaid in open Court
Wm B Gaston         Jacob Smalley

Somerset County, NJ - Be it Known that on this 13th Day of August 1832, personally appeared in open Court Isaac Smally who being first Sworn according to law, doth on his oath say that he is the twin brother of the above applicant that he knows he served in the war of the revolution, knows he served
at Pompton one month under Capt Cory at Elizabethtown at least two months at the Connecticut Farms. Knows that he was at Brunswick and other places, has always understood that he was in the Battle of Monmouth. --

Sworn & Subscribed in open 
Court the day & year aforesaid}  Isaac Smalley
Wm. B. Gaston

Peter Allen being Duly Sworn as above doth
Depose and say that he was with Jacob Smalley in the Battle of Monmouth under Gen Hurd and with him in the service at Elizabethtown with Capt. [illegible] Hatfield. 
 During the time mentioned served as a militiaman.
Sworn & subscribed in open
Court the day & year aforesaid}
Peter Allen
Wm. B. Gaston
Page 47

in the same place. Do hereby certify that we are well acquainted with Jacob Smalley, who has subscribed and sworn to the above declaration and that we believe him to be seventy seven years of age. That he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn and Subscribed the
day and year aforesaid
Wm. B. Gaston
Wm D Stewart
Squire Terell
---
And the Court do hereby declare their opinion after the investigation of the matter and after the putting the interrogatories prescribed by the war department, that the above applicant was a Revolutionary Soldier and served as he states. And the Court further Certify that it appears to them that William D. Stewart, Esq.,
who has signed the preceding certificate is ________ resident in the Township of Warren aforesaid, and that Squire Terell Esq who has also signed the same is a resident in the same place and Credible persons and that the statement is Entitled to Credit. ---
Wm. B. Gaston

The Court do further certify that there is no Clergyman residing in the neighborhood of the above applicant to whom the said applicant is known. The Clergyman residing therein has lately come to that congregation and is not sufficiently acquainted with the applicant to sign his certificate.
Wm. B. Gaston
Ferd. Van Derveer
Wm. L. Hooper
-
State of New Jersey
Somerset County      } ss
I John M Mann Clerk of the Inferior Court of Common Pleas in and for said
Page 48

County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jacob Smalley for a pension --
In Witness whereof I have hereunto set
my hand and seal of office this
fifteenth day of August Eighteen
hundred and thirty two
J. M. Mann
Page 49

Interrogatories presented by the Court to Isaac Smalley,  the applicant for a pension
1. Question
Where and in what year were you Born?
Answer
I was born in the Township of Barnard in the County of Somerset and State of New Jersey on the 11th day of August, seventeen hundred and fifty-five.
[signed]  Jacob Smalley

2. Have you any record of your age and if so, 
where is it?
A. There is a record of my age in the possession of my brother, Isaac.  We are twin brothers and he has made affidavit of my services.
[signed] Jacob Smalley

3.  Q.  Where were you living when called into service;  where have you lived since the revolutionary war, and where do you now
live?
A. I lived in the County of Somerset when I was called in the service. where I have lived ever since to the present time.
[signed] Jacob Smalley 

4. Q. How were you called into service were you drafted, did you Volunteer, or were you a substitute, and if a Substitute for whom?
4. A. I was drafted into the Militia of the County of Somerset, I was only a substitute at any time of my service in the revolutionary War, Except one monthly tour for a man whose name I cannot now recollect.
[signed] Jacob Smalley

5. Q. State the names of some of the regular officers who were with the troops where you served, such Continental and militia regiments 
as you can recollect and the general circumstances of your service?
5.A.  At the Battle of Monmouth, Gen Washington was Commander in Chief,
Major Davison was our Major.  The day before the Battle of Monmouth, with others under Major Davison tore down the bridge across cow pasture creek where we had an engagement with the British behind our
brushworks.  The British fired with cannon grape shots and large balls; they shot in the trees over our heads, the trunks of the trees fell amongst us.  We marched from there and joined the main body of the army at the Scottish meeting house in the County of Monmouth.   After the Battle at Sparktown we took a Baggage waggon, some said it had the small pox in it.  We then abandoned it and left it. Col Wynes commanded this

[* this is continued on next page at asterisk]
Page 50

6. Q.  Did you ever receive a discharge from the service; and if so by whom was it given and what has become of it?
A. I never received a written discharge; we were discharged verbally when the relief came
[signed]    Jacob Smalley

7. Q.  State the names of the persons in your own neighborhood to whom you are at present known and who can testify to your character for veracity and their belief of your service as a soldier of the revolution.
A.  I am known to all my own neighborhood and who can & will all testify to my character for truth and veracity, among whom are William D. Stewart, Esq. a member of the Legislature of this State; Squire Terrell Esq., a Judge of our Court; Truman Cole, a Justice
of the peace, Mahlon Smally, Esq. Township Collector and many others.

[* this section is continued from the asterisk on the previous page, question number 5.]
After the same year we had an engagement at the same place with the British picket Guard. I perceived one of the picket guard and
fired at him. [H]e threw away his guns, knapsack, cartridge and Bayonet which [I] got and brought in to the Company. Our object was to surround the picket guard and take the prisoners, but did not do it.  Col Wynes again commanded, do not recollect the year; this
this was in the spring of the year.  -- Was in another Battle when the British left New Brunswick. David Smally was our Captain;
thinks Col. Wynes commanded.  The battle took place in Piscataway, in Middlesex County. The British marched on towards Elizabethtown and the said Jacob Smally doth further depose and say that by reason of old age and the consequent loss of memory he cannot swear positively to the period length of his service or positively to the periods of the war when the series were rendered. But according to best of his recollection he served not less than the periods mentioned below and in the following grade, Eight months as Sergeant and the residue, to wit for months as a private, for which service I claim a pension
Sworn & Subscribed this 17th day of June, 1833. 
Jacob Smalley

Wm. B. Gaston
Page 51

25,400
___________________________________

Claim of
Elizabeth Smally
FOR A PENSION.
widow of Jacob Smalley
ACT OF FEBRUARY 3, 1832.

War of Revolution
E. HASSLER,
ATTORNEY,
WASHINGTON CITY, D. C.
Page 52

NEW PENSION LAWS.
FORM OF WIDOW'S DECLARATION No. 1

STATE of New Jersey
COUNTY of Somerset} ss.

Elizabeth Smalley of Somerset Co. New Jersey
makes oath and says that she is the widow of Jacob Smalley, deceased, who was a Revolutionary soldier and pensioner of the County and State aforesaid
---
that the said Jacob Smalley died at Warren Township N.J. on or about the 22nd day of August A. D. 1836
She further states that she was married to the said Jacob Smalley in Warren Township N.J. on the eleventh day of June in the year eighteen hundred and three by one Lebeus Lathrop, a
Baptist Clergyman and that her name before her said marriage was Elizabeth Willet
and that there are_________children of the said
now living, whose names are as follows:
______________, only surviving children of the said____________deceased, and that she now
applies for Bounty Land under Act 3rd March, 1855 never having received or heretofore applied for.
She furthermore by these presents constitutes and appoints irrevocably F. E. HASSLER, of Washington, D. C., her true and lawful attorney to prosecute and demand from the U. S. Government any pension or money or land that she may have right to--hereby confirming her said attorney's lawful acts in the premises.
Elizabeth Smalley (x) her mark
    [Seal]
-
Subscribed, acknowledged, and sworn to and before me, this 24th day of March 1855,
and I further certify I am not interested in this claim.
Isaac P Lindsley
-----------------------------------------
It is hereby certified, that satisfactory proof has been exhibited before me, the undersigned, one of the Judges of the Court of Common Pleas Court, in and for the County and State aforesaid, by the affidavits of Daniel Cory and Isaac Titus of the above named
County and State, being personally known to me and who are entitled to credit, that Mrs. Elizabeth Smalley is the Widow of the late Jacob, who was a private in the United States service, in the Revolutionary war and that the said Mrs. E. Smalley is now, and was on the 3rd March 1855, the widow of Jacob
Smalley to the best of their knowledge and belief.
In testimony whereof, I have hereunto set my
hand and seal this twenty sixth day of March
in the year 1855
Isaac P Lindsley
Daniel Corey
Isaac Titus
Page 53


STATE of New Jersey
COUNTY of Somerset } to wit:
I hereby certify, that the Hon. Isaac P Lindsley,
before whom the annexed affidavits were made, and who has thereunto subscribed his name was at the time of so doing, a Judge of the Common Pleas Court of the State of New Jersey in and for the said County, duly commissioned and sworn, and that the signature is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of the Common
Pleas Court, this 26th day of March in the year 1855.
Henry D. Johnson Clerk

-------------------------------
25,400

Claim of Elizabeth Smalley FOR A PENSION
widow of Isaac Smalley
ACT OF FEBRUARY 3, 1853.

War of Revolution
F.E. HASSLER, ATTORNEY
Washington City, D.C.

NOTES.
1. Which must be made before a judge of a court of record in open court, unless applicant is from bodily health unable to appear;
it then can be made before the judge, who will certify to the fact of the disability to appear.
2. Must here state, whether a revolutionary soldier or officer, or pensioner, naming the State where the pension was paid
or if the husband served and died in the service during any war since 1790 -- naming them thus: Wayne's, or Indian wars prior to 1800; War with Great Britain, 1812; Seminole War, 1817 and 1818; Black Hawk War, 1832;
Florida War, 1835 to 1842; Cherokee and Creek Disturbances, 1836, &c.; Mexican War, 1846 to 1848; and giving the name of the
Captain, Company, Regiment, and Colonel; and whether militia, volunteers, or regular army; and place of muster, discharge, or death.
7. Name of the minister, or justice of the peace; and if married in any State or county where any public records of marriages are
kept the marriage should be proved by a duly certified copy of the record, or by the testimony of credible witnesses who were present at the marriage; and where such testimony exists, and is not produced, satisfactory reasons must be stated, under oath, why it is not produced; and, in all cases where record evidence of the testimony of witnesses who were present at the marriage could be procured and is not, the claim will be rejected, unless other testimony of a very full and satisfactory character is produced. If it is shown by affidavit that no record evidence or testimony of eye witnesses can be procured, the claimant may then produce the best other evidence in her power, such as the testimony of witnesses, who were acquainted with her and her husband during his lifetime, knew them to live together as man and wife, and that they were reputed so to be, and that the fact of their having been married was never called in question by their
acquaintances.
In no case, however, will the mere statement of the witnesses, that the claimant is the widow of the deceased, be taken as
evidence of the marriage; but the witnesses must state the facts and circumstances from which they derive their knowledge or opinion
that she is the widow of the deceased.
A certificate from the clergyman or magistrate who solemnized the marriage is not competent evidence, unless the genuineness of the certificate be proved, and the person who gave it be shown to have been authorized to solemnize marriages.
9. This blank is left for the purpose of the applicant's stating whether any bounty land or pension has at any time been received by any one; if so, by whom, and when.
10. Naming the war.
All records or copy of records must be attached to the original declaration by a tape the ends of which must pass under the
seal of the court, in order to prevent the improper addition of any evidence after the papers have been duly executed and certified to by the judge and clerk.
If the widow was re-married, all the facts of marriage and death of second husband must be proven.
A probate court is the most convenient court in which to make these proofs.
The law (3d February, 1853 ) grants pensions to the widows of revolutionary soldiers, without reference to date of marriage
who served six months and over.
as
Page 54

Revy WIDOW, &c.
File No. 6081

Eliz[abe]th Smally
Widow [of]
Jacob Smalley
Pvt. Rev War
Act: Feby 3/1853
Index: -- Vol. M, Page 219
[Arrangement of 1870.]
Page 55

House of Representatives:  Washington
March 1st, 1855

Dear Sir:

Will you oblige me by stating what or the amount of the pension allowed to the widow of
Jacob Smalley of New Jersey & from what time this pension has been allowed.
Yours respectfully,
H. W. Pennington
Page 56

House of Representatives
Washington
19 Jany 1860


Dear Sir:
one letter taken out 
Will you do me the favor to send the two accompanying letters and give me an answer to the enquiries there made.
You needn't answer what about meeting the American party in person.

Very respectfully,

Wm Pennington
Court of Pensions
Page 57

New Jersey
Jacob Smalley
Suspended

Ans.: Hon. F.S. Schenck
June 7. 1834

Let. W. Thomson 22 Mar 38
ltr to to applicant 25 July 1836
Ltr to applicant 27 Aug 1836
Ltr to Elizabeth Smalley March 16, '37
Ltr to Isaac Smalley August 18, 1841
Page 58

26,143

[illegible]
Page 59

let. to Elizabeth Smally May 16. '43
Page 60

Power for
Examination of Papers
Elizabeth
widow
Jacob Smalley
New Jersey Rolls

Filed  23 Feby 1852
Ex by Mr Hassler
March 4/52

Copy
Page 61

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, & c.*

State of New Jersey
County of Somerset }

Be it known that before me Alfred Berry Justice of the Peace, personally appeared Elizabeth Smalley, aged 74 years, who being duly cautioned and then sworn in due form of law, states that she is the Widow of Jacob Smalley who was a Revolutionary Soldier, or Pensioner of the State of New Jersey, and that he died on the 22 day of August 1836 and that  they were married on the 11th day of June in the year 1803 and that they were residents of Somerset in the State of New Jersey and that they resided there thirty years, and that
she resides in Essex, New Jersey and that furthermore BY THESE PRESENTS, constitutes, appoints and fully empowers and authorises irrevocably and with powers of substitution -- F. E. Hassler of Washington City, D. C., as her true and lawful Attorney for her and in
her name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government Officers he rights in all and in any manner of claim for increase or arrears of pension or Land, that may be due her as Widow of Jacob Smalley, who died leaving  the same undrawn, as in right of law, custom, or equity she is or may be entitled.

IN WITNESS WHEREOF She has on this 13 day of February 1852, she has hereunto signed her name and affixed her seal.
(X) Elizabeth Smalley
Her Mark
Witness: Daniel Cory
Witness: Jonathan Cory }

Signed, Sealed, acknowledged and sworn to before me, on this 13 day of February 1852.
Alfred Berry J.P.

At the same time personally appeared before me Alfred Berry, Justice of the Peace, two credible and disinterested witnesses named Daniel Cory and Jonathan Cory, residents of the aforesaid County and State, who having been by me cautioned and then duly sworn according to law, do depose and say each for
himself, that he has always heard it said and it is generally believed by the community that Jacob Smalley was a Revolutionary Soldier and that Elizabeth Smalley, was by him always treated as his wife and is by the witnesses believed to be the Widow of the said Revolutionary Soldier.
Daniel Cory
Jonathan Cory
Sworn to before me the day and year first above written.

A Berry, J. P.

State of New Jersey
County of Somerset } to wit:

I HEREBY CERTIFY, That
Alfred Berry, Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his
name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of Somerset County Court this Sixteenth day of February
one thousand eight hundred and fifty two
Henry D. Johnson Clerk
* If a Widow applies state "the date of marriage, and date of death of her husband."
Page 62

S499

July 23, 1826
Pension Office
N.J.
Page 63


Plainfield NJ
July 20          Jn
Lewis Cass Esq
Secretary at War
Washington
D. C
Page 64

July 18th 1831
Dear Sir

The undersigned, a revolutionary Soldier
having forwarded his papers or credentials
to the City of Washington sometime
since for the purpose of obtaining his
Pension, and having heard nothing concerning
them, he is anxious to ascertain the cause of
the delay. You therefore will be pleased to communicate to him such information as you may be able to give on the subject relative to the same.  Please write as soon after the receipt of this note as practicable as I wish to know whether the papers have been lost or mislaid, and if you should find them and on examination of the same you believe him to be entitled to his pension, you will please
send on his certificate to the Plainfield post office, Essex County, State of New Jersey.
Yours respectfully,
Jacob Smalley

Mr Lewis Cass
Secretary of war
Page 65

Oct 9, 1841
Pension Office
N. Jersey
Smally
To the Secretary of War
Page 66

Honorable Secretary of War
Sir:  According to the statement you sent me Respecting my Clame [sic] to Draw the pention [sic] that is due to my husband which according To your letter is for Eight months pay.  But he is entitled to eighty dollars per month from the time of his first applying Till the day of his Death as you will see in the papers from the Court.
Your letter is returned by the Court for you to Rectify.  Please send the pension certificate as soon as possible to the Plainfield Post office, Essex County, State of New Jersey.
Elizabeth Smalley

Direct your letter to
Isaac Smalley Senior
Plainfield Post office
Page 67

Geo. Wm Crump
Acting Comm. of Pensions

New Jersey Aug. 10. 1836

Sir your favor of the 25th of July last touching
objections respecting my application for a pension under the act of 7th June 1832 has been received.
You state as being the most prominent
objection that four tours of two months each
are set down.  At the time I made my
declaration before the courts it was not thought practical to state the month tour separate, and where two months were performed within the year 1777 under Capt. McCoy were set down together and never intended to be Tours of two months each in length.  And so of the other two months tours as set down with the exception of one more
month,  I served in succession one month
for my own Tour and one month as a
substitute.
Another request is that I ought to have more particularly set out the officer under whom I served and dates - not knowing at the time my declaration was made and at this time from my advanced age and consequent infirmity I cannot certify them more particularly than you now have in your office.

I am Respectfully, your obedient servant,
by name Jacob Smalley

New Jersey
Somerset County 
personally came before me, Squire Terell,
one of the Judges of the Court of Common Pleas of the County of Somerset, Jacob Smalley and being sworn according to Law did depose and say that the above statement is in all things true
Subscribed and sworn to
before me August 10 1836
Jacob Smalley
Squire Terell
Page 68

I do hereby certify that Jacob Smalley, the within named deponent with whom I am well
acquainted is a man entitled to full credit.
Squire Terell
Augt 10, 1835-
-
In addition I would beg leave to state that
I have from my earliest been well acquainted
with the said Jacob Smalley who by his words
is now in his eightieth year.  I as one can cheerfully recommend him to you as being entitled to the bounties of Government perhaps as much as any man in our section of Country.
In hearing those ardent patriots who achieved
the liberties of our County recount over their
perils long before the present act was passed for their benefit, I have Captain Smalley spoken of as a patriot and I claim & as an evidence his compassion soon after the close of the war, elected him Capt of the Militia and commissioned by Richard Arswell, the then Governor of New Jersey,  which Commission is now before me.  I would further by leave to say that Jacob Smally is now very infirm & poor and much in want of the necessities and
Comforts of life and to whom a small pittance at this time would be very acceptable.

I am Sir Respectfully
Your obedient servant, 
Squire Terell
August 10 1835

Geo Wm. Crump
Acting Comm of Pensions

You will please give me the earliest information of the further disposition of my claim and if any affinity should occur, I refer you to the office of of Don L. Conach of N. Jersey with whom I am well acquainted.

by and - Jacob Smalley
Page 69

25400
Elizabeth Smally

E. Smalley
26143
P. O .Recpt. 160

Suspd 26,143
160
Revolutionary
Page 70

PENSION OFFICE,
.
March 30
1855.
Sir:
The claim of Elizabeth wid. J. Smalley
No. 25.400 for Bounty Land under the act of 3d March, 1855, has been received, and will be attended to in its turn.
As it must be some weeks before we can commence issuing warrants under this act, it is respectfully requested that the applicant will wait a reasonable time before making application to know what has been done in relation to the claim. All applications will be disposed of as fast as the nature of the
business will admit, and immediate notice given to the parties, or their agents.
I am, very respectfully
Your obedient servant
L. P. WALDO,
Commissioner.
F. E. Hassler Esq
Present
Page 71

Jan 27.42
NJ
E Smalley

[FREE]
J. L. Edwards, Esq.
Pension Dept
Washington
Page 72

Pension Office
November 3d 1841

Sir, 
A letter from Mrs Elizabeth Smalley addressed
to the Secretary of War on the subject of the pension allowed her deceased husband Jacob Smally has been referred to this office, and in accordance with her request, I make the reply to you.
Mrs Smally, it would appear from her letter does not rightly comprehend the case.
The pension certificate sent to her, was for the
arrears of pension due her late husband under the act of June 7, 1832, and not a pension under either of the acts granting pensions to widows.
Jacob Smalley being dead, the certificate for
the amount of services performed by him, being 8 months was issued in the name and payable to his widow. She has now received all that her husband would have been entitled to, had he lived.
I am, very respectfully,
Your Obed. servant, 
J L Edwards

Mr Isaac Smally
Plainfield P.O
N. Jersey,
Page 73

Sommerville January 24th
1842
J.L. Edwards, Esq

Mrs Elizabeth Smalley has requested me to apply to the pension Dept for her certificate as the widow of Jacob Smalley.
The annexed shows that a balance under the act of 1832 has been paid her.  Her brother-in-law, Isaac Smalley, informs me that she has transmitted to the Dept. the necessary proof to establish her claim under the act granting pensions to widows.
Please inform me, whether this has been done - if the papers are deficient in what manner.
Your respectfully, 
Thos. A. Hartwell
Page 74

The Honorable Secretary of War
Dear Sir as respects the pension
certificate you wrote to me, I think there must be some mistake about it as I wrote to the late
Secretary John Bell for a pension that was due my late husband, Agreeable to the military act
which would entitle him to Eighty Dollars per annum, as the Rest of the Revolutionary soldiers draws that sum.
I cannot see why he is not equal with them as respecting his pension.  The Reason that I write is that you Have not sent me the money that is due to my husband but you sent
me the widows pension instead of my husband's.   I do not pretend To have any claim as a widow but want that which my husband Is Entitled to which is the some [sum]
stated above.  The pension certificate that you sent to me only allows the Twenty Six Dollars and sixty six Cents per annum.  I will state to you some of the reasons that my husband
Did not Draw his pension before his death. He Employed Wm Tompson, an attorney at law and be neglected it after sending up the
the papers to your office.
Page 75

He Did not do any thing more with it.
As my husband was not able to attend
to it on account of sickness, it was Left till after his death and then I Employed Lewis Condit to do the Business for me, which he did Not pay any attention to getting It for me. So I thought I would try to get to it myself. I think if you
Examine the papers in the office you will find that there is money a Coming to me and if your Honor Finds it so, please send me a certificate for the Balance that is due me on His account. If I am Not Entitled To any, Please let me know.
Please Direct your letter to
Plainfield Post office to
Elizabeth Smalley
Isaac Smalley Senr
Oct 28th 1841
Page 76

Smally
Page 77

Brief in the case of Elizabeth Smally, widow of Jacob Smally
Somerset County and State of New Jersey
3d February, 1853
Claim, "(original,") 
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was a pensioner under the
act of June 7, 1832
Marriage proved by parol
evidence certified to be credible
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
E. Hassler Esqr
Present
Name and residence of Agent
R Geddis
Examining Clerk.
Page 78

6079
Jacob Smalley, decd.
NJ
Act 7 June 32
Aomd 
8 Mo., pri.
$26.66
to Elizabeth Smalley
widow from 4 March
31. to 22 Aug. 36, the
day of his death
Isaac Smalley, Esq.
Plainfield
NJ
Page 79

Pension Office
August 18th 1841

Sir.
The letter of Mrs Elizabeth Smalley widow of Jacob Smalley decd addressed to the Hon Secretary of War has been referred
to this Office, and in reply I have to state
that upon the production by the widow of
the proof and certificate of the Court, shewing the time of said Smalley's death, and that she is his lawful widow, a certificate will be
issued to her for 8 months service as a
private up to the time he died.
I am, very respectfully
Wm Mobb, eft.
J.L. Edwards

Mr. Isaac Smalley
Plainfield
Essex County
New Jersey
Page 80

Somerset Pleas October Tenth 1841

Upon the application of
Elizabeth Smalley Widow
of Jacob Smalley who was
a pensioner of the Revolutionary war

State of New Jersey, Somerset County SS
I, Dermont Frelinghysen, Clerk of the Court of Common Pleas of said County of Somerset,
do hereby certify that satisfactory evidence (on oath) has been exhibited to said Court that Jacob Smalley was a pensioner of the United States, was a resident of the township of Warren, Somerset County & State of
New Jersey, and died at his residence in
said township on the 22d day of August 1836, that he left a widow whose name is
Elizabeth Smalley.

In testimony. whereof I have
hereunto set my hand and
seal this fifth day of October
1841.--
The words "last" & "1841" were
expunged before signing.
D. Freilinghuysen
Page 81

Know all men by these presents that I Elizabeth Smalley the Widow of Jacob Smalley deceased, late of the township of Warren, County of Somerset, and State of New Jersey who was a pensioner of the United States
do hereby constitute and appoint J L Edwards
my true and lawful attorney for me, and in my name to receive from the Pension office of the United States at Washington a certificate of 8 months service of said Jacob Smalley as a private in the Revolutionary War up to the time he died. As per instructions per Letter herewith enclosed, from the said pension 
office. 
Witness my hand & seal this fifth day of
October AD 1841.
Elizabeth Smalley

Sealed and Delivered}
the presence of  }
W. B. Gaston
Frazee Coles

State of New Jersey
Somerset County ] ss.
Be it Known that on the fifth day
of October A D 1841 before the Subscriber, a Justice of the Peace in and for said County personally appeared Elizabeth Smalley above named and acknowledged the foregoing power of attorney to be her act & deed.
In testimony whereof, I have hereunto
set my hand the day and year last above mentioned.
W. B. Gaston, Justice of the Peace
Page 82

State of New Jersey
Somerset County } ss

Personally appeared before me, William B.
Gaston, one of the Judges of the Court of Common Pleas in and for said County, Catharine Cole, of full age who being duly sworn according to law, upon her oath saith that she was well acquainted with Jacob
Smalley in his life time. I was present at the
time of his marriage to Elizabeth Willet, now
(Elizabeth Smalley) which took place about thirty seven years ago in the township of Warren and County of Somerset.  They were married by the Revd W. Lathrop, a Baptist Clergyman resident in said township of Warren, that said Jacob Smalley departed this life on the twenty second day of August last past (1836) and left his said Widow Elizabeth Smalley who is still alive and has not intermarried since the death of said Jacob Smalley - and further deponent saith not.
the words" last past" was
erased before signing and Sworn to-
Catharine Cole
Sworn and Subscribed this 5th
day of October AD 1841
before me--
W. B. Gaston Judge &c
Page 83

No. 6079
Jacob Smalley
Somerset, N. Jersey

Jacob Smalley



Return to L Conditt
Morristown, N.J
Page 84

I William B Gaston the magistrate who administered the foregoing oaths do hereby certify that Isaac Smalley & Peter Allen are persons of truth and veracity, and their statements, severally, are entitled to credit and belief.
W. B. Gaston
-
State of New Jersey
Somerset County  } ss
I, John M Mann, Clerk of the Inferior Court of Common Pleas in and for said county do hereby certify that William B. Gaston before
whom the amended proceedings hereto annexed in the matter, the application  of Jacob Smalley for a pension was had, was at the time thereof and now is a Judge of said Court duly authorized to administer oaths : and that the proper signature of the said William B. Gaston is subscribed to said proceedings.
In Witness whereof I have hereunto set my hand and affixed the seal of said Court at Bridgewater, the Seventeenth day of June Eighteen hundred & thirty three
J. M. Mann
Page 85

The Declaration of Jacob Smalley of Warren in the County of Somerset and State of New Jersey made agreeably to the instructions of the War Department of the 22nd of June A.D. 1833 in order to obtain a pension under the
late act of Congress & etc.
and the said Jacob Smalley Doth hereby depose and swears that at the time when
his original papers and declaration was made out he did not know that there was any difference made in the Law Between a private and Sergeant and that the first time I was informed of the difference was when my original declaration and papers were returned for amendment and I was informed of the difference made by W Thomson who told me
that it was necessary to state the Service as a
Sergeant. And the deponent doth further depose and say that all the witnesses, as far as he can ascertain, by whom he could, if they were living, prove his services as a Sergeant, the last one, (Isaac Moore), died a short time ago, and that he has not any person to call for to prove his services as a Sergeant in the Revolutionary War and Does hereby declare and repeat that he did do the duty as a
Sergeant which he has stated in his amended Declaration.
Jacob Smalley

Sworn and Subscribed before me
this 16th day of Aug A.D. 1833.

Wm. Terell Justice of
the peace and a judge of the
Court of Common Pleas of
the County of Somerset
6
Page 86

State of New Jersey
Somerset County }
I, John M. Mann, Clerk of the said Court of Common Pleas in and for said County do hereby certify that Squire Terell before whom the within amended declaration was sworn to and whose proper signature is thereto subscribed was at the time of the date thereof and now is a Justice of the peace in and for said County and Judge of said court duly commissioned.
In witness whereof I have hereunto set my
hand and affixed the seal of said Court at Bridgewater, this nineteenth day of August Eighteen hundred and thirty three-
-
J. M. Mann
Page 87

Hon. F. S. Schenck
Page 88

State of New Jersey Somerset County ss:
Personally came before me, Squire Terell, one of the Judges of the Inferior Court of Common Pleas of the County of Somerset, Jonathan Ruckman, of the Township of Warren in the County of Somerset, aged Eighty four years and being duly sworn according to Law doth on his oath depose and say that he is well acquainted with Jacob Smalley who he believes to be about Eighty years of age and that he has has always been a resident of the same neighborhood of this same deponent says that in the Commencement of the war
of the Revolution this deponent was called into the service of the United States and that this deponent and the above named Jacob Smalley met and Joined Col. Wines at Liberty, Conn. in the County of Somerset and that they marched under the orders of the said Wines through Quibble town and Spark Town (now Bridge town or Rahway) was at a Battle there and took a Baggage waggon, says that Jacob Smalley and himself were together and thinks they served a tour of one month  under the
command of Captain Benjamin Cory --
this deponent further says that he and Jacob Smalley were out one other tour, were called to New Brunswick, thinks on account of a report of the Pennsylvania Line revolting (in cold weather fall or winter) and stayed at New Brunswick until we were discharged, thinks they served one month that tour, does not recollect the names of the officer particularly they were under.  This deponent further says that he was out at another month tour with Jacob Smalley under Captain Cory; were stationed at Pompton Plains; was at an alarm at that place when they were aware that the Brittish had gone - and that Jacob
Smalley served the month tour and acted as
Page 89

a sergeant does not recollect any of the
dates particularly, but the Last mentioned
tour was in the month of May. This deponent
also recollects that he and said Jacob Smalley
was in the service at the Battle of Monmouth under Capt. Cory, does not recollect how long they were out; they stayed until they were discharged; was under the command of Col. Freilinghysen; this deponent recollects of being out at another time and assisted four men with two high Loads of contraband Goods in Washington Valley and said Jacob Smalley was one of the party in taking them, and they took the Goods and men before Justice Kelly and left them in his charge.

Sworn and subscribed before me March 31. 1836
Squire Terell
Jonathan Ruckman

New Jersey Somerset County, ss: Personally come before me Squire Terrell, one of the Judges of the Court of Common Pleas of the
County aforesaid, Benjamin Moor, of United States residence, and being sworn according to law did depose and say that he has been acquainted with Jacob Smalley more than sixty years, recollects that Jacob Smalley served a tour in the service of the war of the revolution at Amboy as a Militiaman, don't recollect the names of the officer particularly at the time, only it was during the war.
Benjamin Moor
Sworn & Subscribed before me April 3, 1834
Squire Terrell
Page 90

State of New Jersey
Somerset County   }

Personally came before me Squire Terell one of the Judges of the Inferior Court of Common Pleas of the County aforesaid, Benjamin Corrington, now a United States Pensioner resident in the Township of Warren in the County aforesaid, and being sworn according to Law says he is now in his seventy seventh year and that he is acquainted with Jacob Smalley of the same Township of Warren and that he knew him in the time of the war of the revolution and knows that he Jacob Smalley served one tour of one month in the service of the war, thinks near the close of the war, was at the time the British evacuated New Brunswick, was at Quibble town and Piscataway and had a battle there.  Does not recollect the date, also this deponent knows that at that time Jacob Smalley acted as a Sergeant.
Sworn and Subscribed
before me April 3. 1834
Benjamin Corrington
Squire Terell
Page 91

State of New Jersey
Somerset County  } Personally appeared before me Squire Terell one of the Judges of the Inferior Court of Common Pleas of the County of Somerset, Jeremiah Coon of the Township of Warren in the County and State aforesaid now a Pensioner of the United States and being sworn according to Law Says that Jacob Smalley Served a tour in the war of the revolution of one month, was under Lieut Joseph Carter him and Captain Benj. Corey, was stationed at [Venter?] near Plainfield
in Somerset - recollects of Jacob Smalley being at Sparktown (now Bridgetown) and took a Baggage Waggon, thinks they were commanded by Col Wines - he further says that Jacob Smalley served one month, was stationed at Bound brook in Somerset; was under the command of Capt Platt Baily and thinks Col. Wines, and that Jacob Smalley acted that tour as a Sergeant; this month tour expired a short time before a Battle took place there, does not recollect the time of the above service, was out at the same time and knows that J. Smalley served as above stated.
Jeremiah Coon
Page 92

State of New Jersey
Somerset County  }
I John M Mann Clerk of the Inferior Court of Common Pleas in and for said County do hereby certify that Squire Terell before whom the above affidavits were made and whose proper signature is thereto subscribed was at the time of the date thereof and now is a Judge of said Court, duly
commissioned and sworn &. In Witness whereof I have hereunto set my hand and affixed the seal of said Court at Bridgewater this fifth day of May in the year of our Lord one thousand eight hundred and thirty four.
J.M. Mann
Page 93

11 May 1840
Plainfield N.J.
May 6 /43
Elizabeth Smalley
for a pension
S. 169. Rec May 11 /43
Pension Office.
Pension office
FREE
Secretary of War
Washington
D. C

[postmark Plainfield, NJ May 9]
Page 94

The Honorable Secretary of War
Sir I see that Congress has passed
An act in their last session in favour
of the Widows of the Revolutionary
of all such as has drawn a pension.
I therefore Elizabeth Smalley Late widow
of Jacob Smalley Dec'd. of the County of
Somerset and State of New Jersey
Having Never drawn anything
In my one Name Nor in the Widows
claim and being Necessitated and not
Able to employ an agent to Do
My Briefs for me I thought I would
Write to your honor my self soliciting
your honor to assist me by informing me
Whether I am entitled to any further
Claim in behalf of My Widowhood as
you will find all the papers of my late
Husband in your office stating the
Time of my Marriage to him and the
Time of his death and continue to be
His Widow. By attention to this you
will oblige your friend very Much.
Elizabeth Smalley 
Please to Direct your
Letter to Isaac Smalley senior and at
Plainfield Post office.  yours with
Respect
Elizabeth Smalley
---
May the 8th 1843
Page 95

M. Geo. Wm Crump
acting Comm of Pensions
Washington D.C.

Plainfield, NJ
March 5
Page 96

Warren, Somerset County Feby 28th 1837
D Sir
I would hereby inform you that since your answer relative to the Pension papers of my husband Jacob Smalley in July last, that he is now dec'd. and as I am informed the widows
of the Revolutionary soldiers are or will be
entitled to the pension or a pension in consequence, and although my husband failed to obtain his just claims as a pensioner during his Lifetime in consequence of errors committed by those he employed to assist him, still I expect to be able to establish my claim as his widow, & for that purpose I do respectfully request that you will forward to me the Documents & papers that are lodged in the pension office belonging to the said Jacob Smalley, to the Post office at Plainfield New Jersey if you will oblige.
yours &c
Elizabeth Smalley

To
Mr. Geo. Wm Crump
Page 97

carded
CONTENTS
Page 98

8381 New York

Reuben Smalley
of Whitehall in the State of New York
who was a Private in the company commanded by Captain_________of the Regt
commanded by Col Bailey in the Vermont
line for 2 years
=======================
Inscribed on the Roll of New York
at the rate of 80 Dollars - Cents per annum
to commence on the 4th day of March, 1831.
========================
Certificate of Pension issued the 4 day of April
1833 and sent to J. C. Parker
N. Granville , NY
======================
Arrears to the 4th of March 1833 $160.00
Semi-anl. allowance ending 4 Sep 1833 40.00
$200.00
Revolutionary Claim,
Act June 7, 1832.
Recorded by Jno Cromwell Clerk
Book E Vol. 4 Page 31
7849
Page 99

1st Brief
No 7849.
Reuben Smalley
adm'd
proof req'd
16
14 Dec. 32
P 156.
J. C. Parker
Agent
Page 100

No 7849

BRIEF in the case of Ruben Smalley of Whitehall County of of Washington in the State of New York (Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? In Open Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? ---

3. How old is he? 70 Years

4. State his service, as directed in the form annexed.

Period. April in 1776
Duration of Service. Years, 1, Months, 6 
Rank.
As a substitute
Names of General and Field Officers under whom he served.
Gen. Major Horsington
Col Bailey


Period. April in 1781
Duration of Service. Years, , Months, 8. 
Rank.
As a Volunteer
Names of General and Field Officers under whom he served.
Gen. Peter Gainesvoort

Period. April in 1781
Duration of Service. Years, , Months, 9. 
Rank.
As a volunteer
Names of General and Field Officers under whom he served.
Col Willet

5. In what battles was he engaged? -

6. Where did he reside when he entered the service? Norwich County of Windsor, Vermont.

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By traditionary evidence.

8. Are the papers defective as to form or authentication? and if so, in what respect? They appear to be in due form. 

Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

James Rd Examining Clerk.
Page 101

Reuben Smalley
to be sent to J. C. Parker, north
Granville Wash. Co. N.Y. from
the war Department.


adm'd
2 years pri.
$80
Page 102

I, Jesse S. Leigh Clerk of the Court of Common Pleas in and for the County of Washington do hereby certify that the annexed declaration of Reuben Smalley, the affidavits of George Chandler & Thomas Bigelow and the
decision of the Court together with my original certificate at the foot thereof contains the original proceedings of the said Court in
the matter of the application of Reuben Smalley for a Pension.
And that the affidavits of Jonathan Paul, Isaac Doty & Samuel Standish thereto annexed and the explanatory Declaration of the applicant have since been added thereto. And that John C. Parker before whom the several affidavits hereto annexed purport to have been taken & Deponent & Declarant Sworn was at the several times thereof a Justice of the Peace in & for said County duly authorized to administer oaths and that I am acquainted with the hand writing of the said Justice and his name Signed to the several Jurats and certificates is his proper hand writing.
In testimony whereof I have hereunto set my
hand and affixed the seal of the said Court at the top of this my certificate upon the red tape binding all the papers together this 13th
day of March one thousand Eight hundred and thirty three
J. S. Leigh Clk
Page 103

State of New York
County of Washington } ss:
On the twenty eighth day of August
1832 personally appeared in open Court, before the Judges of the Court of Common Pleas in & for the County of Washington, aforesaid, now sitting, Reuben Smalley, a resident of Whitehall in the County of Washington & State of New York aged Seventy years on the 26th day of March late past, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That he was residing at Norwich in the County of Windsor in the State of Vermont in April 1776 when his father Elijah Smalley volunteered or enlisted in Capt. Joseph Hatch's Company under Commandant Major Horsington in the Green Mountain Rangers, that he took his father's place in said Company & marched to Royalton in Vermont, where they built a Picket Fort, and where he remained with said Company until the June following in 1777. The battalion to which said company belonged consisted of three companies - the company of Capt. Hatch being the only one stationed at Royalton,
the other two being stationed, one at Onion
River under Capt. Sackel and the other at the mouth of Otter Creek under Capt Hall. That in June 1777 he with his company marched to Onion River, and from thence to Mount Independence, where they remained a few days, and then retreated to Castleton & thence on to Bennington, he being placed with the baggage remained with it until the battle of Bennington, and so being with the baggage was not in said battle.  That after the battle, the Company to which he belonged went home & there remained five or six weeks, but were not discharged, and early in October of the same year he marched with Capt Hatch with his company in Col. Bailey's Regiment for Stillwater, and arrived on the East side of Hudson's River, opposite to Stillwater, about the line of the battle but did not cross the River until after the battle was encamped about half a mile
Page 104

he volunteered in Capt. Miller's Company. Lieut. Peter Loup, Ensign John Tosbury in Col. Peter Gansvoort's Regiment, and Marched to Albany & from thence to Schoharie in New York where were stationed three company of levies for nine months, and there they kept garrison & scouted during the season. He does not remember the names of the officers of the other companies. His Major Commandant was Major Woolsey, the Col. being at Fort Stanwix. Was dismissed on Christmas day having served eight months this year. He was informed of an ambush where they found Col. Brown, who was killed by the Indians as he believes-
And he further states that while residing at New Concord, New York, in the early part of April 1781, a portion of the Militia were called on & classed to serve for nine months, that he volunteered in Capt. Joseph Harrison's Company, Joined Col Willet's Regiment
and marched to Albany & thence to Schoharie to the middle Fort where he remained until July following, when he was sent with a detachment under Lieut Thomas Skinner with thirty men, to a place called Woodstock on Catskill Creek about fifteen miles west of Hudson's River, where he remained until the fore part of October when they went back to Schoharie & joined their companies. About two weeks after their return the enemy came to Schoharie & burnt the town, killed or took & carried away the cattle, horses & hogs, burnt the hay & grain in the barns, and attacked the Fort which was successfully defended and towards night retreated & attacked the lower Fort which was also defended, & the enemy then retreated towards the Mohawk River, and were pursued by the garrison & Militia.
Page 105

up the Mohawk River to Fort Herkimer & Fort Plain and on towards the Oneida lake. While on the pursuit they met some of the Americans who informed them that the enemy had gone on board their boat.  The purusuit then retreated back to fort Plain, & then back to Stone Arabia. They there buried Col. Brown, who with a party under his command had been stationed at Stone Arabia, & having pursued a party of Indians was led into ambush & killed, with about thirty of his men. Col. Brown had been scalped by the Indians and the Indian who had his scalp being killed by a rifleman. The scalp was obtained and replaced upon the head of the deceased Colonel and buried with the body & this declarant was one of the bearers at his funeral. From this place they marched down the Mohawk River to Schenectady &
were there discharged on the 26th December, this declarant having served nine months. During this campaign he knew Col. Willett & his Regiment, Col. Brown and Col. James Seeley of the Militia & Gen. Van Rensselaer also of the Militia. On reflection the death of Col. Brown should have been stated in the service of 1780, as stated in this campaign, that part should have been stated in 1780. All the other facts are truly stated as they should be according to his best remembrance.
1.  That he was born at Washington, Litchfield County, Connecticut on the 26th March 1762
2.  Has a record of his age at home
3. Was living in Norwich Windsor County, Vermont when first called into the service. And the subsequent times when called into the service at New Concord in the County of
Albany & State of New York. And since the Revolutionary War, has lived at Stephentown Rensselaer County, New York, where he resided about six years, thence removed to Comwall in Connecticut where he lived three years - thence to Northumberland, Saratoga County, New York, where he lived till the
year 1817, and thence to Whitehall, Washington County, New York, where he has lived ever since & still lives -
5. For the first time of his service he volunteered as a substitute.
Page 106

for his father and for every other time he volunteered.
5. That he cannot state the names officers & Regimentals names 
particularly than he has herein above stated there.
6. That he never received a written discharge.
7. That he is known by Thomas Bigelow, Thomas Griffith & Jonathan Paul

That he has no documentary evidence, and that he knows
of no person, whose testimony he can procure, who can testify to his service, and that there is no clergyman in his immediate vicinity

He hereby relinquishes every claim whatever, to a pension
or annuity except the present, and declares that his name
is not on the Pension Roll of the agency of any State
or Territory whatever.

Sworn to and subscribed the day and year aforesaid.
J. S. Leigh Clk
Reuben Smalley

Washington County George Chandler of Granville in the County
aforesaid being duly sworn saith he is well acquainted with
Reuben Smalley who has sworn to the above Declaration
and that he is reputed in the neighborhood where
he resides to have been a soldier of the Revolution
and he never heard it Doubted and that he
is a man of veracity and honour in the
belief that he was a Revolutionary soldier
Page 107

Sworn before me on this 29th day of August 1832

George Chandler

J. C. Parker. J. Peace and certify this Deponent is a credible person and of the first respectability. 
J. C. Parker. J. Peace

Washington County. Ss. Thomas Bigelow of Whitehall in said County being duly sworn according to law, saith he lives a near neighbor to Reuben Smalley who has signed the foregoing Declaration and that he is reputed and believed and in the neighborhood where he resides to have been a soldier of the Revolution and he never heard it doubted, and such reputation is general and he concurs in that opinion and believes he is seventy years of age. 
Thomas Bigelow

Sworn this 29th of August 1832
before me
J.C. Parker, J. Peace and that this Deponent is a credible person.
J.C. Parker. J. Peace

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the Interrogatories prescribed before the deponent - must that the above applicant was a revolutionary soldier and served as he states and the Court further certifies that George Chandler and Thomas Bigelow who have made the above affidavit are credible persons and that their Statement is entitled to credit, and that the applicant could not without too much expense and inconvenience produce in Court the said George Chandler and Thomas Bigelow.

I, Jesse S. Leigh, Clerk of the Court of Common Pleas aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Reuben Smalley for a pension. And that John C. Parker before whom the affidavits of George Chandler and Thomas Bigelow purport to have been take and sworn was on the day thereof a justice of the peace authorized by Law to administer oaths and that his signature thereto is his proper hand writing known to me.  In testimony whereof I have hereunto set my hand and Seal of Office this twenty ninth day of August 1832.
J.S. Leigh, Clerk
Page 108

State of New York
Washington County. Ss.
Jonathan Paul of Whitehall in said County being duly sworn saith he is aged forty five years of age and that he has known Reuben Smalley who has subscribed and sworn to the annexed Declaration and believe him to be seventy years of age and has known him twelve or fourteen years last past, that he was a neighbor to him the said Reuben Smalley, and he saith that the said Reuben Smalley is reputed in the neighborhood where he resides to have been a soldier of the Revolution and this Deponent concurs in that opinion that he is a man of truth and he verily believes he would not have made a Declaration as he has without having so sworn - and this Deponent verily believes he has heard Samuel Hatch who was a solider in the Revolution speak of the said Reuben Smalley being a soldier with him in the Revolutionary War, that said Hatch is now dead is he is informed and believes. 
Jonathan Paul

Subscribed and Sworn this 28th February
1833 before me
J.C. Parker, J. Peace. and I certify that this Deponent is a man of truth and reputable as a witness on any occasion.
J.C. Parker. J. Peace

[written sideways on left bottom of page] 
[Cap?] Reuben Smalley

To be sent to John C. Parker
North Granville, Wash. Co. N.Y. 
War Department 
7849
Page 109

State of New York
Washington County. Ss.
Isaac Doty of the Town of Granville in the County of Washington & State of New York, aged seventy three years and upwards being duly sworn deposeth and saith that in the year 1780 or 1781, he cannot say which, he was a solider at Schoharie in the State of New York at the time that place was burnt by the enemy and now having heard the Statement of Reuben Smalley of his being there at the same time and being stationed at the middle fort and the facts related by the said Reuben Smalley which took place there such as the manner of one Murphy a Rifleman going out of the fort towards the enemy and lying down that the enemy fired at him and then himself with a double barrel rifle firing at the enemy and returning into the fort and so for several times and also the manner in which the women behaved and their determination to defend the fort, and how a man was shot in the forehead and the time of day which it took place, and his conduct on the occasion, and about a man being wounded out of the fort near a stak [stack?] of wheat and two men [bearing?] him towards the fort and while so doing another shot killed him, and that the said Reuben Smalley was one of the men so bearing the wounded man and a tory was killed out of the fort and how one of our men took off his [uncertain] scalp and brought it into the fort - and how the Commanding Officer frowned upon the act, and sundry such little facts and having now heard the Declaration of the said Reuben Smalley read this Deponent does verily believe that no reasonable doubt but that the said Reuben Smalley did serve as he states on that occasion. But this deponent does not recollect the name of the said Reuben Smalley nor his pension at this late period that this deponent does not recollect names and never could as many others do, and from his age his memory has become impaired but many parts of the Revolution he well recollects better than names. And further saith that the said Reuben Smalley has [illegible] prior stated several facts in relation to the burial of Col. Browne who was killed at Stone Arabia and that he was one of the bearers - the deponent being also one of the bearers at the funeral but doesn't know the other bearers or any of them and he concurs with the said Reuben Smalley in the  rout [route?] and general manner of his [uncertain] pursuing the enemy from Schoharie.
Isaac Doty  his x mark

Subscribed and Sworn this 2nd day of January 1833, before me, 
J.C. Parker. Just. Peace
Page 110

[top of page possibly cut off]
And I the Justice aforesaid hereby certify that I am well acquainted with the above Deponent Isaac Doty for many years have been and the he is an honest reputable person and so universally esteemed. 

J.C. Parker. J. Peace

State of New York
Washington County Ss. 
Samuel Standish Jr., Postmaster at North  Granville in said County being duly sworn, deposeth and saith that he has been acquainted with Reuben Smalley who has signed and sworn to the annexed Declaration and has been acquainted with him for ten or twelve years last past or more and believes the said Reuben Smalley is seventy years of age from his appearance and that the said Reuben Smalley during all that period of his acquaintance with his has been deemed a man [of] good reputation for truth, and honest and industrious in his habits and this Deponent has heard him spoken of by his neighbors as a Revolutionary Soldier and does verily believe he would not have made the annexed Declaration of his services in the Revolutionary war if he had not so served as he has therein stated.
Samuel Standish

Subscribed and Sworn this 
1st day of March 1833 aforesaid

J.C. Parker. J.Peace, and I certify that this Deposement is a reputable person and of the first respectability in this place.
J.C. Parker, J. Peace
Page 111

State of New York
Washington County Ss.

Personally appeared before me the undersigned a Justice of Peace in and for the said County, Reuben Smalley, the above  Declarant who being duly sworn deposeth and saith that by reason of old age and the consequent lapse of memory he cannot swear positively as to the precise length of his service but according to his best recollection he served in his first campaign above stated (after making a Declaration for all the time he was at home) not less than than the period mentioned below and that the second and third Campaigns he served not less than the previous mentioned below in the following grades, to wit:

For one year and four months I served in my first campaign as a private Solider.
For eight months in my second campaign I served as a private.
For nine months in my third campaign I served as a private making in all two years and nine months which I served as a private soldier in the army of the Revolution.
Reuben Smalley

Subscribed and Sworn
this 7th day of March 1833
Before me
John C. Parker, J. Peace
Page 112

[diagonally across top of page] Reuben
14521
INVALID

File no. 14,521
Reuben Smalley
Priv. Rev. War

Act: June 7" 1832
Index:----Vol. 1, Page 349
[in brackets] Arrangement of 1870.
Page 113

Brief
No. 7849
Reuben Smalley

not found
[lev.?] 12

Nov.

[waits?]
N.Y. Rolls

J.C. Parker
agent
Page 114

No. 7849

BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Reuben Smalley which require further proof or explanation.

I. Does the declaration show where the applicant resides? 
Yes.

II. Did the declarant make the declaration in the country where he resides?
Yes.

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?
Yes.

V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?
Yes.
Not found on the Rolls - proof of service required

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes.

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832.
Yes.

VIII. Has the Court given their opinion?
Yes.

IX. Has the Clerk given his certificate?
Yes.

X. Is the Clerk's seal affixed? And if so, has it a  device or inscription by which it can be distinguished from any other seal?
Yes.
Page 115

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?

No [crossed out]

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

Yes.

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?

Yes.

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
And is the official character and signature of the magistrate certified by the proper officer under his seal of office?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? 

XVI. Are the papers authenticated as the regulations direct? 

No. 
Yes. [crossed out]

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?

Yes.

EXPLANATORY NOTES.

QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: For ------ year --------- months and --------- days. I served as a ---------. For ------months and ---------days, I served as a --------; and for such service I claim a pension."
Page 116

      It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months [italicized] is too indefinite, and all such qualifying expressions are objectionable.

QUERE XIV. Proof of Service [italicized]
      In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

QUERE XVI. Mode of authenticating papers. [italicized]
      In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificated must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Page 117

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41

Division of Veterans'

BOUNTY LAND WARRANT RECORD CARD

NAME Smalley, Thomas
GRADE Private
LINE New York

WARRANT NUMBER 7782
ACREAGE 100
ISSUED March 24, 1795. To ... not shown

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9. 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.