Revolutionary War Pension and Bounty Land Warrant Application File W. 22,238, for Richard Smith, New York
Page 1

New York
Smith, Richard
Mary
Number W.22.238
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5384 - New York City - Mary Smith dec.d - widow of Richard Smith - who served in the Revolutionary War as a Pri., Corpl., and Sergt. - Inscribed on the Roll at the rate of 25 dollars 87 cents per annum to commence on the 4th day of March 1848 and end on the 11th day of May 1848, when she died. - 
Certificate of Pension issued on the 16th day of Mar. 1850 and sent to W. K. Hoyt, New York- [cut off] to her only surg. children Jacob Smith and Richard Smith - Recorded on Roll of Pensioners under act January 2, 1848, Page 188 Vol. 4. - 
Sent to W.K. Hoyt March 21 1850 
Decision of the 29th March 1850 affirmed by the Secretary of the Interior, Apr 8, 1850, see his letter filed with "Decisions." -- 
Hon David Baker 28 May 1850 - 
Reported to Secy 3 June 1850 - 
Decision affirmed by the Secy Intr June 29 1850 see his letter filed with "Decisions"
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State of New York - Westchester County - No.1 Dec 30th 1844- Family Record (Transcriber's note: some of this is illegible to me but I have done my best) - Mrs. Mary Smith being duly sworn deposes and says that she has no record of her marriage to Richard Smith and does not recollect that she can  [illegible]  and state the following are the names and dates of the birth of her children as they were set down by Richard Smith her husband and their father deceased according to her best recollection
Esther Smith was born January 1st, 1785
Jacob Smith was born March 13th, 1787
Phebe Smith was born August 27th, 1789
Isaac Smith was born September 3rd 1791
Sophiah Smith was born April 8th 1793
Richard Smith was born March 4th, 1796
Benjamin Smith was born June 1st 1799
Sworn to and subscribed on the day and date above written before me
[[signature]]Dwight Capran[[/signature]] Justice of the Peace
[[signature]]Mary Smith X[[/signature]] her mark
I do hereby certify I took this leaf out of the bible belonging to Mrs. Mary Smith the widow of Richard Smith which is said and which I believe to be all the family record she or her family have or ever had and which as far as it goes I believe to be correct & true __December the 30th 1844
Dwight Capran Justice of the Peace.
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family record
Benjamin Smith was born October the 26 day 1712
Deborah Smith was born July the 30 day 1720
Maurice Smith was born June the 17 day1738
Able Smith was born August the 18 day 1740
Nathaniel Smith was born december the 30 day 1742
Benjamin Smith was born november 30 day 1744
Easter Smith was born February the 13 day 1746
Richard Smith was born January the 19 day 1738
Sarah Smith was born May the 20 day 1752
Deborah Smith was born August the 1 day 1756
Isaac Smith was born december the 27 day 1756
Elisabeth Smith was born June the 2 day 1759
James Smith was born June the 4 day 1761
Esther Smith was born January 1 1785
Jacob Smith was born march 13, 1787
James Smith was born January 31 1788
Phebe Smith was born August 27, 1789
Isaac Smith was born September 3, 1791
Sophiah smith was born April 8 1793
Richard Smith was born march 4 1796
Benjamin smith was born June 1, 1799
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W1.
State of New York West Chester County and
township of North Castle SS.  On this Eighth day of
October AD 1844 - personally appeared before me
Dwight Capran Justice of the Peace
Mrs Mary Smith widow of Richard Smith deceased aged
ninety years in June last passed a resident of the State
County & township aforesaid, who being personally known
to me and first duly sworn according to law makes the
following declaration in order to obtain the benefit of the
provisions made by the different acts of Congress passed
for the relief of the widows of the deceased soldiers &
officers who served the United States in the War of the
Revolution and says she is the widow of Richard Smith
formerly of this said County who served in the defense of
the United States in the Militia in & during the Revolutionary
War & who entered the service in this County and served
a part of the time in this County and a part of the time in
the adjoining counties or [[which?]] was then called [[?]]
under Captain John Thomas under whom he served a part of
his time say from one to two years, after which he served
under Captain Hobby in Colonel Thomas Regiment &
after that as near as she can recollect he served under
Captain Moses St John, but how long he served under
these different officers she does not now recollect but
she knows that he did serve as aforesaid, as she resided in
the same neighborhoods with her parents where her said
husbands parents resided in different neighborhoods as they
were compelled to move several different times being driven
from their residences by the refugees and British.  And she
was married to her said husband deceased as near as she can
recollect in the year AD 1784 in the winter after the War
of the Revolution and were joined in wedlock in the township
of Wry [[Rye]] in this said County by Samuel Lyons Esquire
who was a justice of the peace at that time and authorized
[[?]] And she this deponent further says she
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the same neighborhoods with the parents where her said
husbands parents resided in different neighborhoods as they
were compelled to move several different times being driven
from their residences by the refugees and British. And she
was married to her said husband deceased as near as she can
recollect in the year AD 1784 in the winter after the War
of the [Revolution] had started and were joined in wedlock in the township
of Wry [[Rye]] in this said County by Samuel Lyons Esquire
who was a justice of the peace at that time and authorized
to marry as aforesaid.  And she this deponent further says she
made a declaration several years ago for a pension through
the agency of a man by name of Mitchel a lawyer at
White Plains - but for same cause to her unknown he
did not get her pension granted as he informed her and her
Son he had sent her papers to Washington.  And she now
declares if there was any error in her former declaration it
was either committed inadvertently by her through her great
age and consequent infirmities or by the young man
who drew her declaration & in support of her claim in virtue
of the services of Richard Smith who served as a private
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a part of the time and she thinks he served as a sergent a part of
the times she herewith produces the best testimony that the nature
of her case will admit. And she [[strikethrough]]herewith produces the best
testimony[[/strikethrough]] hereby relinquishes all claim to a pension or annuity
through any agency except the present.  And she declares her
name is not enrolled by any agency in any state except
as aforesaid - And she does hereby empower constitute
and appoint William K Hoyt of New York City as
her lawful attorney and [[agent?]] to attend to sending
this her declaration to Washington with other accompanying
documents necessary [[strikethrough]]documents necessary[[/strikethrough]]to
support her claim.  And also to attend to all the business
and correspondence that may be hereafter necessary in
securing to her her right of claim.  And she [[wishes?]] [[?]]
government may grant her in virtue of the services of her
husband deceased who died about twenty eight years ago
may be transmited through the New York Agency

Sworn to and subscribed on the day
and year first above written
before me

Dwight Capran Justice of the Peace

her
Mary  X  Smith
mark
Page 8

I hereby certify that I am acquainted with Mrs Mary Smith the
applicant in the forgoing [[decaration?]] for a pension in virtue of
the services of her husband deceased and know her to be a
respectable and worthy woman and to be the widow of
Richard Smith whom she represents herself to be and whom [[her?]]
believes to be a person of truth and veracity & her statements
entitled to full confidence as such.

Dwight Capran


I hereby certify that I have examined the following affidavits
and the [[subscribers?]] thereto & also the applicant -  And
after a full and thorough investigation I give it as my
opinion she is justly entitled to her pension in virtue of the
services of her dec'd husband according to her declaration.

Dwight Capran J.P.
Page 9

State of New York,
County of Westchester, SS.

[obscured word] [partially obscured initial] LOCKWOOD, Clerk of the County aforesaid, DO HEREBY CERTIFY, That Dwight Capron Esq whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed thereon, was, on the day of the date of the said certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorised to take the same. And, further, that I am well acquainted with the hand-writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.

In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County, the Eighth day of October 1844.

[illegible] Chauncey Smith Dept Clerk.
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State of New York
Westchester County S.S.

It has been satisfactorily proven before us that Mrs. Mary Smith late of said County the widow of the late Richard Smith deceased on the eleventh day of May AD 1848, & who was a claimant for a pension at the time of her death. And she the said Mary Smith left but two children her surviving, whose names are Jacob Smith & Richard Smith both now residing in the town of North Castle in the said County of Westchester

I testimony whereof we have hereunto set our hands in open court on this nineteenth day of February AD 1850
Robt R Oakley Clk

[an inverse-scalloped edged seal with a woman in the center is to the left of the signature]
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North Castle Dec 29th 1844
To all whom it may concern
This certifies that Mrs. Mary Smith widow of Richard Smith Deceased is a member in good & regular standing in the Methodist Episcopal Church in the above Town & has been for at least the last Twenty Years

Charles F Pelton
Paster of Said Church


To all whom it may concern
This certifies that Mrs Mary Ann Ferris the subscriber to the foregoing Affidavit is an [[acceptable?]] Member of the Methodist Episcopal Church in the above Town & has been for many years past.

North Castle           Charles F Pelton
Dec 29th 1844        Paster of Said Church

[noted in lower right margin: Dec 44]
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WIDOW, &c.

File No. 22,238
Mary Smith
widow of 
Richard Smith
Sergt Rev War

Act  Feb 29, 48
ndex: Vol.  M,   Page  224

(Arrangement of 1870}
Page 13

Papers in the case of
Mary Smith
widow of
Richard Smith
Act July 7th 1838.
----------
[[17?]]
The testimony of [[Acherdy?]] Miller & others identifies the within Richard Smith with all the various services shown to have been rendered by a man of that name, by the within record. I think pension should be allowed, for at least as much time as the record shows.

I. J. Coombs

[note down left margin: Act July 7th 1838.
Page 14

let 25 Aug 69 W.K. Hoyt
-----------------------
Ser. to D C. Goddard
Oct, 24./49


[notation: 13]
11396 [notation: 13]
Mary Smith.
New York
Certs W. K. Hoyt Oct 6. '41.
"  [illegible] [illegible] [illegible] March 1845
"  W. H. Harrison Sept [illegible]. '45
"   Hon. T M Woodruff  Feb 2nd '46
"   H. K. Hoyt  Augt 13th. 67
"  to same Sept 1st 47
Act July 7th 1838.

[up the left margin; let to W. K. Hoyt Sept 23rd  47; " to same May 5 '47]
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Oct '44    11396 city
Mary Smith dec'd
widow of Richard
N.Y.
Act of July 38.
admitted
Pr[[i?]] Corpl, & Sergt - $25.87
[[?]] 4 March 1836 to 4
March 1841, from 43 to 4
March 1848 from 4 March 48
to 11 [[Mar?]] '48
Capt Purdy Col. Thomas
N.Y. [[troops?]]

when she died, children
Jacob Smith Richard
Smith
A.
W.K. Hoyt
New York
[[?]]
Page 16

State of New York West Chester County and town
ship of North Castle SS. On this Eighth day
of October AD 1844 [[?]] personally appeared before me
Dwight Capran
[[N?]] 3
Samuel Miller aged Eighty Eight years in November next
a resident of the Township of New Castle in the State
and County aforesaid. Who being personally known to me
and first duly sworn according to law doth on his
oath depose and say - he is now and always has been
acquainted with Mrs Mary Smith the applicant in the foregoing
declaration for a pension in virtue of the service of Richard
Smith deceased who was the husband of the said applicant
And whom this deponent [[saw?]] married and joined in
wedlock at the time and place she has stated in her
declaration and by the said Lyon whom she states as he
this deponent being present and knowing some particular
circumstances that transpired at that time he knows
that he cannot be mistaken. And he further says he is a [[brother?]]
to the said applicant & knows she is the person whom
she represents [[herself?]] [[?]] - And he further says
he himself served as a soldier in Militia state service in
and during the war of the revolution in this said County
where he now resides and draws a pension in virtue of
his service as aforesaid - And he further says he served
in the same Regiment and Company with Richard
Smith who was the husband of the said Mary Smith
And the said Smith served with him several successive
years in the Militia under Captain John Thomas & Colonel
[[illegible]]
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she represents [[herself?]] [[?]] - And he further says
he himself served as a soldier in Militia state service in
and during the war of the revolution in this said County
where he now resides and draws a pension in virtue of
his services as aforesaid - And he further says he served
in the same Regiment and Company with Richard
Smith who was the husband of the said Mary Smith
And the said Smith served with him several successive
years in the Militia under Captain John Thomas & Colonel
T Thomas also some part of the time under Captain
David Hobby who then belonged in North Castle in this
said County - And also he served some if not all
the time from 1777 to 1779 under Colonel Thomas
and some of that time under the aforesaid Captains
& occasionally under Captain Moses St John and
he further says that according to his best recollection
he the said Richard Smith together with himself
served some of their time under Colonel Hammond
and Major Grayham but how much time he served
under those officers he does not distinctly recollect
But says he belonged to the State troops himself one year
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or upwards. And at the time he himself was in
the state servise the said Richard Smith was in the
Militia Service. And as the officers were frequently
changed and companies also changed, divided and
consolidated he this deponent does not now recollect
if he ever knew all the names of the different commanding
officers under whom the said Smith served
But he knows he did serve in the Militia from the
commencement to the cessation [[after ends?]]. As from
1779 to 1782 he this deponent and the said Richard
Smith served together a most if not all the time in
the Militia, when ever they were called upon at alarms
and the said Smith was always ready to go on all
occasions & did faithfully perform his duty as aforesaid
And that he served in the same company some part of the
time with John [[Griffin?]] in virtue of whose services his widow
now draws a pension - And this deponent further says he
once made his affidavit in the case of Richard Smith
through the agency of Mr Mitchel & if there should be any
discrepancy in the statements made by him that it
is either through his great age and the long lapse of time
or through the error of the young man who made
out the papers and drew the affidavit, & he further saith not
sworn to and subscribed on the day
and year first above written

before me Duigh Caprin J P.
Samuel Willan
I hereby certify that I am personally and well acquainted with
Samuell Miller the subscribing witness to the foreging
affidavit and know him to be a reputable man and
worthy citizen and considered in this community
the he has always resided as I am informed and believeand
I belive him to be a man of truth and varacity and that his
statements are entitled to full confidence as such
Dight Capron
P.
Page 19

State of New York,
County of Westchester, }ss.
[stamp] MUNSON I. LOCKWOOD, Clerk of  the County aforesaid, DO HEREBY CERTIFY, That Dwight Capron [?}
whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed
Instrument, and endorsed thereon, was, on the day of the date of the said certificate, a JUSTICE OF THE PEACE in and for the said County, residing in the said County,
commissioned and sworn, and duly authorised to take the same. And, further, that I
am well acquainted with the hand-writing of the said JUSTICE, and verily believe that the
signature to the said Certificate is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County, 
the Eighth day of October 1844
[?] Chauncey Smith [?]
Page 20

State of New York County of West Chester and Township of North Castle SS
On this eighth day of October AD 1844 personally appeared before me Dwight Capron J.P. No. 4, Josiah Quinby aged eighty one years on the first day of November next [illegible], a resident of this said County & Township of New Castle which has recently been set off from North Castle in the same county and the division line [illegible] between his own farm and the one where he is now about taking his oath of affirmation [illegible] to his being personally known come and first duly affirmed according to law doth on his oath of affirmation depose and say he is personally and intimably acquinted with Richard Smith who was the husband of the Mary Smith who is now his widow and the applicant in the forgoing declaration for a pension in virtue of the [illegible] her said husband deceased who served the United States in the war of the revolution in the defence of the rights of the country. As this deponant was born and brought up in the said county and neighborhood where he was & always has resided and within three quarters of a mile of where the said Richard Smith was born and brought up, though he said Smith was a number of years older then this deponant [illegible] about [illegible] and fifteen years his signor. And this deponant further says that he [illegible]
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deceased who served the United States in the war of the revolution in the defence of the rights of this country. As this deponant was born and brought up in the said county and neighborhood where he was & always has resided was within three quarters of a mile of where the said Richard Smith was born and brought up though the said Smith was a number of years older then this deponant  about [illegible] and fifteen years his seignor. And the deponant further says that he saw the said Richard Smith very frequently during the revolutionary war who took a very active part in the war and whom this deponant frequently saw in the service under arms & whom he there served in the militia at all times and on all occasions during the whole war. And he further says that his own fathers family and the said Richard Smiths family were on [illegible] of [illegible] though his the said [illegible] family were friends or [illegible] in their religions [illegible] [illegible] [illegible] did not taken any active part in the war but being intimate with the said Smith and his fathers family & he knows the said Richard [illegible] as [illegible] but not being in the
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in the service himself he does not know the names of the officers under whom he served. And though the said Smiths family moved out of this amediate neighborhood from [illegible] being [illegible] away by the British or [illegible]. Yet they continued until same [illegible] and the [illegible] was always [illegible] up during the [illegible] of the [illegible] and after the war they the said Smith and his fathers family came back on to [illegible] own place where they always lived with the [illegible] of a [illegible] control until he died. And in the same neighborhood. [illegible] his widow now resides.
Josiah Quinby

Which is duly approved and subscribed before me on the day and year first above written.
Dwight Capran Justice of the Peace

I hereby certify I am well acquainted with Josiah Quinby the subscriber to the forgoing affidavit. And know him to be a very respectable & worthy citizen and [illegible] [illegible] considered [illegible] the people generally where he has always resided. And I am thus he believes to be a man of truth and veracity and his statements entitled to full confidence as such. Dwight Capran J.P.
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State of New York, County of Westchester, ss.
I, Munson I. Lockwood, Clerk of the county aforesaid, Do Hereby Certify, that Dwight Capron Esqr whose name is subscribed to the Certificate of the proof or acknowledgment of the annexed Instrument, and endorsed, theron, was, on the day of the date of the said certificate, a Justice of the Peace in and for the said County, residing in the said County, commissioned and sworn, and duly authorised to take the same. And, further, that I am well acquainted with the hand-writing of the said Justice, and verily believe that the signature to the said Certificate is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County, the eighth day of October 1844
for Chauncy Smith Dept Clerk.
Page 24

N 2
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the setlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
6th Mar 1779 Richard Smith Corpl. [illegible] 17 9
9th June 1779 Richard Smith Corpl. 1 9 4
22d July 1779. Richard Smith Seg't. 4 18 8
6th Aug 1779. Richard Smith Priv 1 12 0
19th Sept 1779. Richard Smith Priv -- 17 9
1st [illegible] 1780. Richard Smith Priv -- 8 10
31st July 1780. Richard Smith Priv -- 7 1
31st Oct 1780. Richard Smith Priv 8 0 0
24th Mar 1779 Richard Smith Priv. 2 2 8
40 14 01

State of New - York, Comptroller's Office, Albany, Oct 10th 1844.
I hereby certify the above to be true extracts from Book No. 2. 3. 6. & 9. now remaining in this office, and that the service for which the certificates above named were issued, were performed unthe the following officers, viz:

First - Under Lt Wm Wright in Col. Thomas Thomas Regt
Second - under cpt. Jacob Purdy in Col Thomas Thomas Regt.
Third - under Capt. Jacob Purdy in Col Thomas Thomas Regt.
Fourth - under Capt. Silas Childs in Col Alexander Webster Regt.
Fifth - under Capt. Silas Childs in Col Alexander Webster Regt.
Sixth - under Capt. Silas Childs in Col Alexander Webster Regt.
Seventh - Under Capt. Colbe Chamberlain in Col. Lewis Dubois Regt.
Eighth - Under Capt. Colbe Chamberlain in Col. Lewis Dubois Regt.
Ninth - under Capt. John Crane in Col. H;eny Ludington Regt.

Philip Phelps, [illegible] Comptroller
Page 25

Department of the Interior
June 29. 1850.
Sir,
I herewith return the papers relating to the claim of Mary Smith in which your report was affirmed by this Department on the 8th of April last and that I find nothing in the case as now presented calculated to change the opinion then repressed.
I remain very respectfully your obt. servt.
Signed, T. Ewing

J.L. Edwards
Commissioner of Pensions
Page 26

New York Sept 5th 1847
Sir,
In answer to yours of Sept 1t 1847 in the case of Mary Smiths claim for a pension, respecting the affidavit of Deacon Silas son Austend which was obtained and sent or mailed for the pension department on 12th day of September 1846. We did not presume to suppose the above named affidavit was or could be with the original papers of the claimant which at the time that document was sent  were in the possession of the Hon T.M. Woodworth formerly a representative in Congress from this district. Which with [illegible] holding the above papers at the time was wholly unknown to myself & of which I was not appointed until [illegible] months after. And this is the way the mislaying or derangement of the papers has accured. The above document having been had during the [illegible] that the original papers were withdrawn it probably might have been put with other papers of a like date, name or place, inadvertently, which
Page 27

wont be a very reasonable conclusion to arive at without inputing the loss or [illegible] of the same to any issue of those having charge of that department. As the business of the department is constantly multiplying. It wont be very resonable to presume an event of the kind might occur with the most action accurate & [illegible] business prior to whom your department are entitled to great credit & considering the amount of business that passes through I am [illegible] & sourly an [illegible] or to occur. In this case I do not presume to say that there is any mistake in relation to that document, but I am readily perceive had such a mistake might occur. It may be the above paper never reached the department and it was certainly mailed by myself and of which I retain and still have a correct copy of the affidavit.
I am very respectfully your humble servant Wm K Hoyt
no 667 Glendich Il

James L. Edwards Esq
Commissioner of Pensions
Page 28

Sit,
I herewith send you Mrs. Mary Smiths declaration with the accompanying proof for a pension in virtue of the soldiers of Richard Smith her husband deceased. Which I trust will recieve your due consideration at the earliest convenience.
I am Sir Very Respectfully Your Humble Servant William K. Hoyt
No 97 Barrow Street
New York Oct 16th 1844

J L Edwards Esq
Commissioner of Pensions &c.
Page 29

New York June 9th 1845
James L. Edwards Esq
Sir
I herewith send you the aditional [illegible] in the case of Mrs. Mary Smith whose [illegible] papers define but to your case Oct 16th 44 causing a pension in actual of the [illegible] of the [illegible] often heard because [illegible] who was [illegible] [illegible] I [illegible] in the war of the revolution.
I have [illegible] in [illegible] [illegible] to [illegible] to learn if there were [illegible] [illegible] [illegible] Smith who [illegible] either in West Chester county or in this part of the state in [illegible] were of the [illegible] but therein [illegible] & not show [illegible] other one then the one for whose [illegible] we [illegible].
I am very respectfully your [illegible]
[illegible] William H Hoyt
no 97 Barrow Street
Page 30

(Copy)
Department of the Interior
April 8, 1850
Sir
I herewith return the papers in the case of Mary Smith widow of Richard Smith deceased, and I have to inform you, that your decision of the 29th [illegible] has been affirmed.
I am Very Respectfully Your Obt. Servt.
Signed T. Ewing Secretary
Page 31

New York August 16th 1847
Sir
In answer to yours of the 13th just on the case of Mary Smiths claim for a pension. I would deny I sent the affidavit of Dea Silas Southerland in support of the above case & decided on the 10th day of Sept 1846. And [illegible] at New York addressed to the pension department Sept 12th 1846. And which if last or [illegible] cannot be obtained again. As the witness has since deceased as I have been informed. If the above affidavit cannot be formed I wish to be [illegible] of the fact.
I am very respectfully Your [illegible] 
Wm. K. Hoyt 667 Greendich St.

James L. Edwards Esq
Commissioner of Pensions
Page 32

July 27. 47
Return papers
Mary Smith
NY

James L
Page 33

Sir
I have with return the papers pertaining to the pension claim of Miss Mary Smith which were with [illegible] from the pension department by the Hon T.M. Woodruff & brought to N.Y. without any knowledge which facts have but recently been [illegible] [illegible] to use. I supposing the same to have been still in the pension office & obtained some additional testimony in the case about one year ago & sent the [illegible] to the pension department which the commissioner will please examine.
Respectfully yours &c. Wm. K.  Hoyt
NY July 24th 1847

James L. Edwards Esq
Commissioner of Pensions
Page 34

Pension Office
October 24th 1847
Sir
In the case of Mary Smith, widow of Richard Smith, under act 7th July 1838 in which an appeal is made by Mr. W.K. Hoyt, service is alleged in the New York troops, under several different engagements, and the certificate of the Comptroller of New York is [illegible], showing payments made for service in 1779 and 1780.
It would seem that the service credited to the name of Richard Smith, was in different Regiments, which were raised in other sections of the state of New York, than that to which the claimants husband belonged, and could not therefore relate to one individual or to him.
The first three payments have heretofore been admitted to the credit of the claimants husband, but the amount does not cover a service of six months. There are witnesses who testify to service of claimants husband, but their testimony has been deemed insufficient to identify him as the same person to whom all the payments were made.
Enclosed are the papers numbered from one to 13.
Very Respectfully Your Obt Servant. 
J.L. Edwards

D.C. Goddard, Esq
Acting Secretary of the Interior
Page 35

New York Sept 11th 1845
Sir
In answer to yours of the 3d ult. I have to say I have written to the Comptroller of our State who holds most of the revolutionary militia Rolls that are now accessible here and in reply to my requests for searches to be made in accordence with your suggestions he says he cannot find the name of the said "Benjamin Akerly or even Captain Ferris under whom some of his services were said to be rendered. And as there now are but a very few of the militia rolls or returns of the service performed at that day to be found within this or other States it cannot be considered strange by the department at Washington that either the name of the witness of this case and many others who rendered military service at that time are not to be found. And Sir In relation to Mrs. Smith claiming credit to be given her husband for all the service performed by men of his name I can assure you this is not the charactar of the woman. She only wishes justice to be done her according to the discretion and judgment of the department who have the adjudication of this and all similar claims founded upon the testimony adduced. Aided by your great experience, you must
Page 36

to better judges than interrested parties or those who know less of the facts and circumstances to be taken into consideration in adjusting the same. She therefore humbly and respectfully requests your most charitable consideration and liberal construction to be put upon her case. And says if the department think they can allow her any thing if it is not what she thinks she is entitled to she should be grateful for it as  small amount would greatly relieve he present necessities and it is not long she can enjoy even that.
I am Very respectfully your Humble Servant
Wm H Harrison 532 Grand St NY

James L. Edwards Esq.
Commissioner of Pensions &c.
Page 37

New York July 14th 1849
Sir
In obediance to your commands of the 12th Just for us to state the points at issue in the federal pension claims now pending in that department. And which we have on the 9th of the present month appealed to the Secretary of the Interior. We will state first in the case of Mary Smith, widow of Richard Smith claiming a pension in virtue of the Revolutionary military soldiers of her late husband deceased. She assisted her claim to a pension or intended so to do under the act of 4th of July 1836. And the subsequent act under which the service would be admissable (in the month of Oct 1844) and in support of whose claim we proved by parole evidence of the late Samuel Miller who served a considerable length of time in the Militia in the second regiment company with the said Smith in Westchester County and other counties in this state in the Revolutionary War a sufficient length of time to entitle the widow a pension. And the said Miller was at the time [illegible] a pensioner in virtue of his own services. We also supported the marriage by the same witness who was present when it was so [illegible]. We also proved service by Benjamin Akerley who served with said Smith. We also showed by Military Records yet existing in the state archives of N.Y. Military Service credited to Richard
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Smith of said state as having been rendered under officers of that and other counties in N.Y. during said War and that the said service was performed under several requisitions. And as far as the Militia Military records extend which are very imperfect at best, go to show that the said Richard Smith of Westchester county N.Y. did serve as alledged by claimant and supported by testimony. As for Report on the case in question bearing late pension office December 6th 1844 seems to raise a question of difficulty in defining the length and peariods of service claimed to have been rendered by the said Richard Smith in distinction from [illegible] other Richard Smith of the intended or northern part of this state & to whom military service of that [illegible] has been found credited. And for which a claim many years since has been asserted. But as we have been advised was rejected on the same grounds that the obligations founded in this case. That the name Smith was so common that it seemed difficult to define the services of one. And hence the conclusion to reject the whole, but as the distinction is to be made not only by the [illegible] an names of the parties but by the localities of their service. The names of the officers under whom said service was rendered and also the localities and residences of the witnesses to said service is who actually performed their order service at the same times & places in which the services of the said Smith is claimed to have been rendered. Hence we can come to no other conclusion than that the
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services, were rendered by the claiments husband as there is set forth. It seems to be the questions or points at issue in this case between the claimant and the pension department to define the identity length and peariods of service rendered by claimants busband. And for which military service a pension is demanded. And the objections raised by the commmissioner to the allowance of said claim. We believe and continue to assert to have been fully answered to the extent of all the legal requirements under which we demand its settlement. The Second question at issue seems to be that of the precise date of the alleged marriage, which we [illegible] by a witness present on the occasion & who witnessed the seremony that it believed in the year 1784 which was ten years prior to the limitation of the statute. We also proved by their family record births of children &c &c. We also proved by parole evidence the reputation of the parties to be good and that the marriage was legal beyond a question of doubt. We therefore must come & can come to another conclusion than that the proof in support of this case & acknowledged to be there on file covers all the legal requirements. But in addition to what evidence is acknowledged to have been rendered in support of the same we on 16th of Sept 1846 transmited the affidavit of one Silas Southerland in further proof the identity and services of the said Richard Smith. But which document is said not have been received at the pension department, but cannot be replaced as
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the witness soon thereafter deceased.
We believe the points herein & fourth are  all the points at issue between the claimant and the pensions department.
I am &c Yours Wm K Hoyt
Solicitar for Claimant Mary Smith

To James L. Edwards Esq
Commissioner of Pensions
Page 41

In the month of July 1849 the five following cases (claims for pensions or) one appealed from the Pension Department to the Secretary of the Interior viz C Rider, E Lutz, M Smith, H Cox & E Romans widow of Capt B. Romans revolutionary claims. Subsequent to taking the appeal, a demand was made for a statement from us of the points at issue in the above cases before the same should be refused to the office of the Interior which statements we made in obediance to such order and mailed in New York on the 17th July last 49. Subsequently we wrote to know if the above cases had been acted upon and recd for answer from the Pension Department. So soon as a report was made to this Department the same would be communicated to us.
I have this morning called to make inquiries at the office of the interior respecting the above cases and have there been informed that no such claims as above stated have ever been referred to that office. If such are the facts we respectfully request the the above named claims with all the documents having any bearing on the same [illegible] this morning be referred to the Office of the Interior. We should also be pleased to receive some explanation on the above subject and to learn why this procrastination in refference to the above appeal.
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and any communicaitons intended for me may be addressed through the Post Office in this place until otherwise directed.
I am very respectfully yours 
Your humble servt
Wm K Hoyt

Washington Oct [illegible] 49

James L. Edwards Esq
Commissioner of Pensions
Page 43

State of New York City and County of New New York ss
On this twenty ninth day of August A.D. 1845 personally appeared before me. Mr. Benjamin A. Kerley at present of the City of New York aforesaid who being first duly sworn according to law doth on oath depose and say he is now aged rising of eighty years and that he was born an brought up from a child in West Chester County and in the Township of North Castle in the State aforesaid and that he distinctly recollects most of the events of the Revolutionary War that came to his personal knowledge at that time. And that he himself served as a private in the militia in that said County under Captain Ferris and others two or three of the last years of the war who also resided in the same town and county with this deponant. And he further saith that he was well acquainted with Richard Smith whose family also resided in the same town and but a short distance from this deponants family. And knows the said Smith was constantly out in the service from the commencement of the War before this deponant became old enough to serve and served in various capacities viz: as a private as a Corporal and Serjent some of the time & in 1780 he himself served with the said Smith in the same company in three monthly tours under Col. F Thomas & Cap. Jacob Purdy, Silas Childs & in 1781 he was called out and service four or five tours under Lewis Dubois, Chamberlin & Alexander Webster also with the said R. Smith who served with them generally but not always as their company was sometimes divided & sometimes two companies were put into one. Therefore both companies were commanded by the officers of one. And he further saith that the said Richard Smith had a brother who also served with him frequently & in 1782 he was also called out in the militia as many as four or five different times. Some of the time under Cap. Ferris & some of the time under Cap. Crane & Col. Henry Luddington, who belonged to what was then called Duchey County. And the said Smith served with him this
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deponant more than one year during the last years of the war in which he served.
And he further saith that the militia was frequently called and draughted to serve under other officers than those of the same County in which they resided and which was a very common thing at that day to raise companies for short periods and unite them with State troops on certain express and particular occasions. And though this deponant cannot define each and every period of service that ever he himself rendered yet he knows the said Richard Smith did serve more than two years during the seven years of the war & did serve a great part of the war and was a faithful and true patriot to his country. And he further saith not. Benjamin Akerley
Sworn to and subscribed on the day and year first above written before me. Charley J. Ridge ald of 11th ward & Judge of the Court of Common Pleas

I hereby certify that Benjamin Akerly the subscriber of the foregoing affidavit is a worthy member of the North Baptist Church in this city of which I myself am the Pastor and that the said B. Akerly is in the full enjoyment of his mental faculties and that his statements are entitled to full faith and credit for truth and veracity.
Jacob H. Brouner
Pastor of the North Baptist Church
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State of New-York, City and County of New-York ss.
I, James Conner, Clerk of the City and County of New-York, Do Hereby Certify, that Charles J. Dodge before whom the annexed deposition was taken, was, at the time of taking the same, an alderman & Judge of County Court in and for said City and County, duly commissioned and sworn, and authorized by the laws of this State to take the same; and that I believe the Signature of said alderman thereunto subscribed is genuine.

In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County, the 29 day of August 1845.
James Conner Clerk.
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[illegible]
State of New York West Chester County and Township of North Castle ss
On this thirtieth day of December AD 1844 personally appeared before me Dwight Capran [illegible] of the [illegible] in and for the town and county afforesaid.
Mrs. Mary Ann Ferris a resident of the state and town [illegible] aforesaid aged eighty four years in July last passed, who being personally known to me and first duly sworn according to law doth on her oath depose and say she is personally and intimately acquainted with Mrs. Mary Smith the widow of Richard Smith and she has always been acquainted with her ever since her children (or [illegible] the [illegible] [illegible] of [illegible]) as they were both brought up near neighbors together though Mrs. Smith whose maiden name was Mary Miller  was several years the eldest. And she this deponant was also acquainted with Richard Smith deceased who was the husband of the said Mary who is now his widow. And she knows the said Mary and Richard prior to their marriage and before the Revolutionary War. And she frequently saw the decd. Richard no time of the war whilst he was in the American service under arms & in the line of his state as a soldier. And after the war as aforesaid in the year AD 1784  according to her best recollection the said Richard and Mary were married and joined in wedlock as she was informed and always believed though she this deponant did not see them married. But knows they always lived together in good repute as hubsand and wife and she this deponant never heard their characters or the legality of their marriage called in question but she knows the said Richard died about twenty years ago and his widow as aforsaid has always
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(illegible)
Page 48

Washington March 18th 1850
Sir
We acknowledge the receipt of the certificate issued on the 16th Jan in favor of the being of the late Mary Smith widow of Richard Smith under the act of 7th July 1838, and other acts subsequent thereto to the 11th May 1848 the day of said claimants decease & which said certificate entitles the heirs of the said Mary & Richard Smith to twenty five dollars 87/100 per annum during the period the mother was entitled to the same. And according to the computation of said amount much of the evidence in the case must have been rejected and on the receipt of the late report on the above case. We respectfully request an explanation thereon to know what part of the evidence and why the same has been rejected. Will you do us the favor to advise what proof and why the same was disallowed and thus
Oblige Your Very humble servant Wm. K Hoyt

James L. Edwards Esq.
Commissioner of Pensions
Page 49

State of New York
Westchester County SS.

Samuel Miller of the Town of
North Castle of the said County being sworn saith
that he is the brother of Mary Smith named
the preceeding affidavit & was present at
the marriage stated therein & which took place
between the said Richard Smith & Mary Smith
the time and place stated in the said
affidavit & that the marriage ceremony was
performed by Samuel Lyon Esq. as stated in
the said affidavit - that this Deponent
is now a United States pensioner - having enlisted
in the United States service for the term of three
years in the Revolutionary War from year to
year - that this Deponent was well acquainted
during the Revolutionary War with the said
Richard Smith - that this Deponent and the
said Richard Smith in the year 1779 were
privates in the company of Militia - then
commanded by Moses St John who resided in
the Town of Bedford in the said County at
that time - that the said St Johns Company was
called out in the year 1779 & that the said
Smith & this deponent marched in the said
Company under the said St John from the
said Town of Bedford to the Town of White Plains
& thence to the Town of Eastchester - that to the
best of this Deponent recollection, the said Com-
pany was then under the command with other
companies of Col. Thomas Thomas who commanded
the Regiment to which St Johns Company there
belonged - that the said Smith and this
Deponent together with the said Company of
the said St John were then absent in the United States Service from six to eight weeks
according to the best of this Deponents knowledge
and belief - before the said Company was
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discharged.
And this deponent further saith that the
said Smith and this deponent afterwards
in the same year were called out as privates
in the Company [[strikethrough]]of[[/strikethrough]] commanded by William Woodworth as
Captain, whose company belonged to the Town of
North Castle adjoining Bedford, which company
was then under the command of Col. Thomas
Thomas & that the said Company were called out
in said year & marched from North Castle aforesaid
To the town of Rye in the said County & remained
out in service from two to three months before they were
discharged.
And this deponent further saith that the said
Smith and this deponent together with the said
Company so commanded by the said Woodworth
was afterwards commanded by Captain David
Hobby who took command thereof immediately
after Captain Woodwalt left the command
& that the said Smith & this Deponent with
the same company were called out into actual
service under the command of the said Hobby
as captain thereof, still belonging to the Regiment
commanded by Col. Thomas Thomas and this
deponent saith that he belonged to the same company
to which the said Smith belonged from the time they
were called out under Captain St John as above
mentioned until the close of the Revolutionary War
and this deponent further saith that the said
Smith and this deponent were actually out on
military duty in the public service during the
time aforesaid as much as the space of two years
that the said Company to which this deponent and
the said Smith belonged during the year 1779
1780. 1781, 1782 & 1783 and called out repeatedly
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during the said years exclusive of the time they were
out in actual service and that during those years
the said Smith to this deponents knowledge was
out on duty as much as two years
And this deponent further saith that previous
to the year 1779 this deponent was enlisted in the
United States Army and was absent from the
County of Westchester in the public service the greater
part of the time in the army and was not knowing
to the services the said Smith may have rendered
in the Militia previous to the year 1779
And this Deponent further saith that the
said Smith and wife lived in a family
state until his decease - that there are now
six surviving children of their marriage.

Personally appeared before me the [[signature]]Samuel Miller[[/signature]]
above named Samuel Miller to me known
who being sworn deposed that the matters
set forth in the preceeding deposition are
true.
Elijiah Guion
Comf. of Deeds & Justice of the Peace

W 2

State of New York
Westchester County. S.S. Jared Green of the Town of Bedford
in said County of the society called friends being duly
affirmed saith that he has been acquainted with the said Richard
Smith, deceased - and was well acquainted with said
Smith during the Revolutionary War that he saw said
Smith during said War frequently under arms, - that
he was under arms himself during that war - that
said Smith was considered as a soldier at that
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time.
And this Affirmant further saith that during said
War, he lived in the then Town of North Castle in said
County - and from three to four miles from said Smith &
in the same bear with him - that affirmant was
called out on several occasions as a soldier - once to
Mamaroneck in said County and at several other
times on occasions of alarms - that he saw said
Smith on said occasions & at other times under
arms, as a malitiaman [[militiaman]].

Personally appeared before me
the above named Jared Green to               Jared green
me known, who being affirmed
deposeth that the matters set forth in
the preceeding deposition are true
according to the best of his knowledge
information and belief -
Subscribed and affirmed
before me this 12th day of
December 1838.
Jabez Robertson
Mary Smith
Justice of the peace.

Feb. 24/45
Add [[?]] case of Mary Smith
No 3.


Dec '38

Wm K Hoyt
B.

In case of Mary Smith
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10868.        City
New York

Mary Smith dec'd
Widow of Richard Smith
who was a pensioner under the Act of
and who died on the
of
in the State of
who was a Pr. Corp & Sergt in the Company
commanded by Captain
of the
Regt commanded by
in the
line for

Inscribed on the Roll of New York City
at the rate of 25 Dollars 87
Cents per annum, to commence on the 4th day of
March, 1836.

Certificate of Pension issued the 16th day of
Mar. 1850 and Sent to
W. K. Hoyt, New York

Total amount,
$
[Act July 7, 1838.]
Recorded by J P Chase Clerk,
Book D Vol. 1 Page 545.
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8785     City
New York

Mary Smith dec'd
widow of Richard Smith
who was a Pri. Corpl. & Sergt
in the Revolution

Inscribed on the Roll at the rate
of 25 Dollars 87
Cents per annum, to commence
on the 4th day of March, 1843.

Certificate of Pension issued
the 16 day of Mar. '50
and sent to
W. K. Hoyt
New York

[Acts of March 3, 1843 & June
17, 1844.]
Recorded in Book A
Vol. 2 Page 89