Revolutionary War Pension and Bounty Land Warrant Application File R. 9833, for Samuel Smith, North Carolina
Page 1

N.C.
Smith, Samuel
Rachel
R. 9833
Page 2

7428
Kentucky
Samuel Smith
of Cumberland the state of Kentucky
who was a private in the company commanded
by Captain Whitson of the [illegible] commanded by
______ in the NC line
for 9 months.

Inscribed on the Roll of Kentucky
at the rate of 30 Dollars Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 10 day of April
1883 and sent to Wm Owens Columbia
Arrears to the 4th of March 60.00
Semi-anl allowance ending 4 Sept 15.00
$75.00

Revolutionary Claim
Act June 7, 1832
Recorded by Daniel Boyd Clerk
Book E Vol. 7 Page 27
Page 3

No. 21.000

Samuel Smith
Cumberland Kentucky
from 1778 private
9 months $30

Whit?
N.C.

Wm Owens
Cumberland Ky
Columbia
Page 4

BRIEF in the case of Samuel Smith
County of Cumberland in the State of Kentucky
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge?  Justice of the peace 
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  No [crossed out] yes 
3. How old is he? 77 years
4. State his service, as directed in the form annexed.

Period. Vol. In 1778
Duration of Service. 9 months
Rank. As a.  private
Names of General and Field Officers under whom he served. Gen. Capt. Whitson

5. In what battles was he engaged? (engaged in scouting parties and as a spie)

6. Where did he reside when he entered the service? Burk County N Carolina

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

8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

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

M. Clagett [signature] Examining Clerk
Page 5

State of Kentucky Cumberland County

On this 12th day of December 1832 personally appeared before me Frances H. Winfrey one of the Commonwealths Justices of the Peace in and for the County of Cumberland of a State of Kentucky Samuel Smith a resident of Cumberland County State of Kentucky age 77 years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7th, 1832. That he entered into the service of The United States of America in the year 1778 in the county of Burk state of North Carolina as a Volunteer Militiaman under the Capt Thomas Whitson Lieut John Morgan he does not recollect the name of the Ensign. He immediately was marched onto Davidson Station on the frontier of North Carolina where he remained for some considerable time spying and scouting about the Indians and was after some time sent on to Griders Fort a distance of about 60 miles where he performed similar services he was kept spieing scouting & guarding at and about the forts & frontiers from earl in that year until about Christmas he cannot state precisely the length  he was in service but positively states and charges that it was nine months he thinks it was longer but will not
Page 6

poisitively charge for more than nine months which time he charges he did serve he further states that he did not volunteer for any particular length of time. his engagement was to serve as long as his officers and the government would require. the object was to guard the frontier. out and spit after the Indians and therefore did not turn out for any specific time but has no doubt as he has before stated that he served more than nine month; and was honorably discharged by Cape Whitson and returned home he further states that He is now aged and so much afflicted that he cannot attend court indeed he has been for many months unable to go out of his house without assistance he state that he was born in County Pitsylvania Virginia in the year 1755 agreeable to the information of his parents which he believes to be true he has also a register of his age which he believes truly made which corespond with the above date he remains in Virginia until he was 18 or 19 years of age when he moved to North Carolina Birk County where he remained untill about 1802 when he moved to Kentucky Cumberland [unreadable] where he now lives he further states that he took
Page 7

no written discharge for his service nor has he any documentary evidence he can prove his service by John Grider Sen and Valentine Grider whose affidavits he herewith presents annexed hereto he hereby relinquishes every claim whatever to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any state

sworn to and subscribed before me a justice of the peace this day and year of 
F. H. Winfrey JPCC

Samuel Smith 
His Mark

We Valentine Grider residing in the County of Cumberland and John Grider son residing in the County of Adair do hereby state an oath that we are well acquainted with Samuel Smith who has subscribed and sworn to the above declaration that we knew him in the Revolutionary war we believe him to be the age he has stated in said declaration and we further state that we know that the said Samuel Smith served as a volunteer under Cape Thomas Whitson in the service of the United States as he has stated in his declaration that we have no doubt but state most positively that he did serve as he [unreadable] states both as to the
Page 8

manner and time sworn to and subsister [?]
This day & year before me
F H Winfrey JPCC
State of Kentucky
Cumberland County

Valentine Gryder [signed]
John Grider Sr
His mark

And I the said Frances h Winfrey a Justice of the peace in and for the county of Cumberland and of State of Kentucky before whom the the foregoing declaration of Samuel Smith was taken as also the above affidavit of Valentine Grider and John Grider Sr was taken do hereby declare my opinion after the investigation of the matter and after putting the interrogations presented by the war department that the above named applicant Samuel Smith was a Revolutionary Soldier and served as he states and I further certify that it appears to me that Valentine Grider who has signed the above certificate is a resident of Cumberland County and that John Grider Sr. who has also signed the above Certificate is a resident of Adair County and that they are credible personages their statements are in[unreadable] to credit and I further certify and declare that the above applicant Samuel Smith is so aged infirm and afflicted that he cannot attend Court from under my hand as a Justice of the peace as of this day & year of 
Francis H Winfrey JPCC
Page 9

Saml Smith
21,000.
Page 10

Kentucky Cumberland County Sel.
I, Milton King, clerk of the County Court for said County, do hereby certify that Francis H. Minfrey, Esquire, whose signature is subscribed to the declaration of Samuel Smith
and the affidavit of Valentine Grider and John Grider Jr. hereto attached, is and [illegible] the dates thereof, an acting Justice of the peace in and for the County aforesaid, duly commissioned and qualified that his official acts are entitled to credit, and that his signatures are genuine 

Given under my hand and the seal of my office, in Burksville, this 13th day of December A.D. 1832
M. King
[signature]
Page 11

No 7. 806
Rachel Smith,
[illegible] of Samuel
Kentucky
July 4, 1836

Claimant,
[illegible]
[illegible] to
Kentucky
Page 12

State of Kentucky
Cumberland

Be it known that before the undersigned a Justice of the Peace in and for Cumberland County, K., duly authorized by law to administer oaths personally appears a Rachel Smith, window of Samuel Smith [illegible], who was a pensioner of the United States at the rate of thirty dollars per annum, and made oath on due form of law, that she is the identical Rachel Smith widow of Samuel Smith [illegible],who was a [illegible] Pensioner as above stated, and that she makes this affidavit for the purpose of drawing the pension to which she may be entitled by the Laws of Congress in such cases; That she is still the widow of the said Samuel Smith [illegible]; That she now resides in Cumberland County, K, and has for the [illegible] 46 years previous [illegible] she resided in Adair County, K, That she was married to the said Samuel Smith in the year 1777 and that she is now 94 years old.

Sworn and subscribed before me this 4th day of February 1852

           her
Rachel X Smith
           mark

H Coffey IPCC
G.A. Wheat

We the undersigned I.H. Winfrey and Charles Back, citizens of Cumberland County, do swear that we have known the above Rachel Smith, widow of Samuel Smith, who was a pensioner, for forty odd years, and that she was then the wife of Samuel Smith, and had children then between the ages of 23 and 27 years, and were recognized and respected as man and wife by the neighbors.
I.H. Winfrey
Charles Back

Sworn before me, Humphrey Coffey a justice [illegible]
H Coffey IPCC

The word fifty was erased and forty was inserted before signed
H Coffey IPCC
Page 13

State of Kentucky
Cumberland [illegible]

Be it known that I Rachel Smith of Cumberland County, State of K, and widow of the late Samuel Smith who was a revolutionary Pensioner of the United States, constitute and appoint JE Heath 

My true and lawful attorney for me and in my name I draw from the [illegible] of Pensions, any pension that may be due me from the United States from the 4th day of June 1851 up to the 4th day of September 1851

[illegible] my hand and seal this 4th day of February 1852

Rachel X Smith
her mark

Sworn before me
I certify that the above [illegible] the 4th day of [illegible] 1851 was in [illegible] signed H Coffey IPCC
GA Wheat

I do certify that Samuel Smith, who was a revolutionary pensioner of the United States in the aforesaid county departed this life June 4th 1851 and that Rachel Smith acknowledged the above to her power of attorney to be her act and deed in testimony when of [illegible] here with [illegible] my hand and seal day 
an a date above men lined
H Coffey IPCC

State of Kentucky
Cumberland County
I, James Haggard, Clerk of the County Cort of Cumberland County, certify that Humphry Coffee is a Justice of the Peace in an aforesaid county and that his official acts are entitled to full faith and credit, also that I am personally acquainted with the above mentioned Rachel Smith and I believe her to be of the age stated and that she is the widow of Samuel Smith [illegible] who was a pensioner as above stated

Sworn under my hand this 9th of February 1832
J. Haggard [illegible]
Page 15

State of Kentucky
Russell County
On this 22 day of July 1852 appeared before
me a justice of the peace in and for said County John Grider sr aged 79 years and made oath in due form of law, that he knew and has known Samuel Smith
dec'd and Rachel his wife to live together as man & wife in the State of North Carolina & County of Burke
from his earliest recollection, and they had two or three children (John - Nancy and Martin) who resided with them and they were of such an age and size that
he is confident that the said Samuel Smith & Rachel his wife must have been married as far back 1776
about the year 1804 he came to this country and the said Smith came out the year or two before and have lived in his vicinity since up to the death
of the said Samuel Smith, and that the said Rachel Smith, who now applies for the benefit of the Law of Congress
of July 4 1836 is the identical Rachel Smith which he
knew in the State of North Carolina & since as the wife of Same
Smith who was a pensioner of the United States.
Sworn & subscribed before me this day
and date above and that the said
John Grider sr is entitled to full 
faith & [credit] in any statement he
may make  |
John Girder
Wm B Armstrong. J. P. R.C.
Page 16

State of Kentucky ⎬
Russell County

Be it known that on the 29th day
of July 1852. appeared William Perryman a Revolutionary
Pensioner of the US, aged about 94 years and
made oath in due form of law, that he was a resident
of Burke County North Carolina, during the early part of
his life and that he lived in about one mile of Samuel
Smith & Rachel Smith his wife, for about 15 years, and that he
knew them to live together as man & wife during that time
but was not present at the marriage but he well recollected
that they were living together when he quit the service the year
that peace was declared and that they had children then
and that he verily believes that they were married on or
about the year 1776, as well as his recollection serves him
one thing he well recollects, that there was strong opposition to his his Same Smiths Marriage and that after he
was married he entered the service and served
after he was married, leaving his wife at home and that he had known them to live together as man & wife since
up to the death of the said Samuel Smith, and that Rachel Smith who now applies for the benefits of the Law of Congress
is the identical Rachel Smith (formerly Grider) who was
married to the said Same Smith about the year 1776
Sworn and subscribed to
before me the day & date at
be mentioned     |    
William his mark Perryman
Wm B. Armstrong J P R C
Page 17

Cumberland County SS. 
I, James Haggard
Clerk of Cumberland County Court do certify
that Humphrey Coffey is an acting and
Commissioned Justice in and for said
County, and that the signature here with appended is genuine and that all his official
acts are entitled to full faith and credit
Given under my hand and
seal of office this second day of
August   1852,
James Haggard Clk
Russell County SS
William S Patterson
Clerk of the Russell County Court do certify
that Wm B Armstrong is a Justice, acting
duly commissioned in and for said County &
that his signature hereunto appended are
genuine and that all his official acts are
entitled to full faith & credit,
I further certify that I am personally
acquainted with William Perryman
& John Grider and believe them to be
of the ages stated and know them to be
men in good standing, reputable, and their
statements are entitled to full faith and
Credit Given under my hand
this 9th
day of August 1852
Will S Patterson
Clerk Russell Co Court
Page 18

State of Kentucky ⎬  SS
Cumberland County
on this day of
1852. Personally appeared before Humphrey
Coffee a Justice of the peace in and for said County Rachel Smith a resident of said County and State aged
95 years who being first duly sworn according to Law declares
in order to obtain the benefits of the provisions made by the act
of Congress passed July 4 1836. That she is the widow of Samuel Smith who was a private in the army of the Revolution and was entered on the Pension roll and
drew a pension regularly from the US up to his death
the further states that she was married to the
said Samuel Smith on or about the 7th day of
August
Seventeen Hundred & Seventy Six
that her husband the aforesaid Samuel Smith
And in the County & State aforesaid on the 4th day of June 1851, and that she has remained a widow ever since that period as will be shown by the proof hereto
annexed,
Sworn and subscribed to before me this
day of          1852  }   Rachel her mark Smith

H Coffee J. P.C.C.
A. Clayton

I further certify that Samuel Smith above spoken of dec'd on or
about the 4th day of June 1851 and that the said Rachel Smith is still a widow
H. Coffee JPCC
Rachel Smith
To Address
in
Conclusion
Page 19

9833
P.O. Rachel Smith
Service:
REJECTED
Enlisted:          ,18.
Discharged:         ,18.

Application filed:            ,18.


Widows claims filed too late
to be entered on list of rejected
claims printed in
1852.
Attorney:
P. O.
Recognized.
---
Contract.
Page 20

No 7. 806
~
Rachel Smith,
Page 21

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Samuel Smith      which further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason
assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulation? the Capt'n only
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VII. Has the Court given their opinion? the Justice of the peace, has
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 22

2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No

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

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 2 living witnesses

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes

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? Yes

XVI. Are the papers authenticated as the regulations direct? Yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 5.

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
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 23

3

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions
merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

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

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

In every case where the clerk of the court, or other certifying officer, has no public seal of
office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
Page 24

Columbia 13th Decr 1832
Dear Sir
I enclose you the declaration
of Samuel Smith of Cumberland
County which you will be
good enough to examine
and communicate to me as soon
as convenient address me at Columbia Ky.
Yours respectfully
Wm Owens