Revolutionary War Pension and Bounty Land Warrant Application File S. 38,376, for William Smith, Maryland
Page 1

(3-1776)
SERVICE                       NUMBER
Md.    Smith, William    S.38,376

CONTENTS
[very faint writing follows]
ent. in Frederick Co. Md
aged 66 yrs and res Berkeley Co, Va in 1878
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429

Virginia 4

William Smith 
of Berkley Co in the state of Viriginia
who was a private in the regiment commanded by Colonel Smallwood of the Maryland Line for the term of three years.

Inscribed on the Roll of Viriginia at the rate of 8 dollars per month, to commence on the 30th of September 1818

Certificate of Pension issued the 26th of March 1819 and sent to Robt White Esquire Winchester, Virginia

Arrears to 4th of Mar 1819; 5 Mos 1/30 6/31 $41.29
Semi-anl all'ce ending 4 Sept 1819  $48.00 for Total of $89.29

{Revolutionary Clai, Act 18th March 1818}

Continues
Page 3

Left side Margin

Dead - see letter to J Sherron Sept 29, 1830

Notification sent to John Sherron, Esq. 4 Oct 1821 Berkley Springs, Va
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Faint seal
Number 2497

Robt White - Judge
Winchester, Va
Rec'd Oct 22, 1818

Sent to the auditor general Annapolis, MD for examination by rolls.

Sent to aud gen'l 6 March 1819
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State and District of Viriginia Berkley County

On this 30th day of September 1818 before me the subscriber [illegible] and proceeding Judge of the Superior Court of Law for the county aforesaid personally appears William Smith aged sixty one years, resident in the said county, state and district who being by me [illegible] 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 William Smith sometime in the spring of the year 1776 enlisted in the county of Frederick in the state of Maryland as a private soldier to serve for one yar in a company B riflemen in the district of the United States and afterward [illegible] to a Maryland regiment in the service of the United States commanded by Col Smallwood that the company he enlisted in was commanded by Captain Shicher, that he served in the said corps until the time of his enlistment ended when he was discharged. That afterwards sometime in the spring of the year 1778 he again enlisted for three years in Philadelphia state of Pennsylvania in a company commanded by Captain Roxbury in the first Maryland regiment on continental establishment, that he continued to serve in the said corps as in the service of the United States until the expiration of the said term of three years, when he was discharged from service in [illegible] in South Carolina, that he was in the Battles of Long Island, White Plains and Camden, that he is in reduced circumstances and stands in need
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need of the assistance of his country for a support and that he has no other evidence of his said services now in his power except the annexed afidavit of Peter Snouder.

Sworn to before me the day and year aforesai.

Robt. White

State and District of Virginia Berkley County 
made oath before me Robert White, Judge of aforesaid on this 30th day of September 1818 Peter Snouder of the county aforesaid. That he was in the year 1776 and ever since has been [illegible] acquainted with the above applicant William Smith, that he understood that the said applicant had enlisted in Captain Shichers company of riflemen and marched to the northward as stated on his declaration. That afterwards in the same year 1776 he was himself called into the service in the flying camp and marched to the northward into the state of New York where he met with the said William Smith who was then actually in the service of the United States in the aforenamed company. And that during the fall of the same year he saw him frequently in same service. That the applicant was as near neighbor of the applicant [illegible] that time and always understood that he had after the expiration of his first enlistment had expired re-enlisted in the service of the United States and knows that he was absent from the neighborhood for something more than three years. When he returned with General Gates after his defeat and lived with him sometime 
in the character of an overseer.  That the applicant
is very poor & stands in need of the aid of his Country for a support
Sworn to before me the day and year aforesaid.
Robt White
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Robert White Judge as aforesaid and &c
Do certify that it appears to my satisfaction
that the aforesaid William Smith did serve in
the revolutionary war against the common
enemy for more than nine months on the
continental establishment as is stated on the
preceding declaration.  And I do further
certify that it also appears to my satisfaction
from testimony this day given before me that
he is in reduced circumstances and stands
in need [word struck out] of his Country's aid for a support.
And I now transmit the proceedings and
testimony had and to [illegible] before me to the
Secretary of the Department of War pursuant
to the directions of the aforementioned Act of
Congress.  In testimony whereof, I have [word struck out] sub-
scribed my name above the seal of the 
said County of Berkeley.
Robt. White

Virginia Berkeley County Ss

I Harrison Waite Clerk of the Superior Court of
Law holden in and for said County Do hereby certify
that Robert White Esq under whose hand the afore-
going Certificate was made, was at the time of so doing
and still is the Sole & presiding Judge of the said
Superior Court of Law.  In testimony whereof I 
have hereunto set my hand and affixed my seal (there
being no seal of office to the said Court) this 12th day of 
October 1818 and in the 43rd year of the Commonwealth.
H. Waite CBSC [word Seal encircled]
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William Smith of
Morgan County Va.
Sept 1819

Con
J. L. E

[Following lined through: See papers
J. L E]
Page 9

SCHEDULE.
9th Circuit Court
[word District lined through] of Virginia SS.

On this Tenth day of May 1821, personally 
appeared, in open court, (a) being a court of record (b) for the said [word district lined through], [circuit,
[following lined through: county, or corporation, as the case may be,] Court of Morgan County
William Smith ----- aged Sixty nine
years, resident in Morgan County in said [word district lined though], [circuit, [following lined through: county, or corpo-
tion,] who, being first duly sworn, according to law, doth, on his oath, declare that
he served in the Revolutionary war as follows; (c) he served in Edmd.
Smallwoods
Brigade of Maryland continental line and refers to his for-
mer declaration on which his [illegible] 26th. March
1819-------

And I do solemnly swear ([following lined through: or affirm, as the case may be,]) that I was a resident citi-
zen of the United States, on the 18th day of March, 1818; and that I have not, since
that time by gift, sale, or in any manner, disposed of my property, or any part there-
of, 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 and naval service of the Unites States, in the Revolutionary war," passed on
the 18th day of March 1818; 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 in-
come other than what is contained in the schedule hereto annexed, and by me sub-
scribed. (d) my property consists of four horses of little value
three cows 1 plow, 1 old waggon,[illegible] sheep, 2 chairs, six knives
and forks 1 cutting box, 4 [illegible] old [illegible].

I have a wife who is fifty five years old, very infirm
and incapable of rendering me any service  I have two chil-
drew living with me, one of whom is [word struck out] incapable of service
and I am incapacitated from age and other infirmities as not to be able to 
perform [illegible] of work.

Sworn to, and declared, on the Tenth day of May 1821 ------
---- before The Court

I, Cromwell Ovrick clerk of the said Circuit Court
do hereby certify, that the foregoing oath ([following lined through: or affirmation]) and the schedule thereto
annexed, are truly copied from the record 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 aforesaid schedule is one hundred [illegible] dollars and 75----
cents.  In testimony whereof, I have hereunto set my hand, and affixed the seal of the
said court, on this 12th day of July 1821.

[Blurred seal of Court] 

Cromwell Orvick
Clerk of the 9th Circuit Court for the County of Morgan 
in the State of Virginia
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(a) The whole of the form prescribed in the first section, to verify the amount of property of the
applicant, the oath of the party, and the certificate of the clerk excepted, must be down while the court is
in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of records by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of 
record ;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in
point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of
those attributes, are not courts of record, although they may keep a registry of their proceedings, and
possess a seal.  The court should, in every instance, state, on the face of the proceedings, that it is a court
of record, and state why it is such.--[(begin italics)Opinion of the Attorney General of the United States.(end italics)]
(c) Here set forth the regiment, company, and line, or ship, corps, or vessel, and the date of the
original declaration; and, if he has received a pension, the number of the pension certificate should be
inserted.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding ex-
cepted, and subscribe the same.  The declarant must also mention his occupation, his ability to pursue it;
the number and names of his family residing with him, their ages, and their capacity to contribute to their
support, in order that the department may be enabled to decide whether the applicant is in such indigent
circumstances as to be entitled to the pension.  It is the opinion of the Attorney General, that the words
of the third section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to
support himself without the assistance of his country," comprehend those only who are incapable of sup-
porting themselves without the aid of the government, except by private or public charity.
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M.C.S.
Rev. & 1812 War Section

November 10, 1927

Mrs. W. W. Johnson
Jamestown
Ohio

Madam:

I have to advise you that from the papers in the Revolutionary War
pension claim, S. 38376, it appears that WILLIAM SMITH enlisted in Fred-
erick County, Maryland, in the spring of 1776 as a private in Captain
Stricker's Company in Colonel Smallwood's Maryland Regiment and served
one year ; he was in the battles of Long Island and White Plains.  He
enlisted in the spring of 1778 in Captain Roxburg's Maryland Company
and served three years ; he was in the battle of Camden.

He was allowed a pension on his application executed September 30,
1818, at which time he was sixty0six years of age and was living in
Berkeley County, Virginia (later West Virginia).

In 1821 he was living in Morgan County, Virginia (later West
Virginia).  He then referred to his wife as being fifty-five years of age
and also referred to his two children but he did not give any names.

He died June 27, 1830.

Respectfully,

WINFIELD SCOTT
Commissioner

[Handwritten noted at bottom of page:
As there was
no identification
& report from
Auditors office 
Add [illegible]
used soldiers
statement as to
his service instead
of aud report]
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[Two columns]
[Left column]

38376
Revy INVALID.

File No. 38,376
William Smith
Priv Rev War.

Act: 18th March 18
Index :--Vol. 2, Page 384

[ Arrangement of 1870. ]

[Right column]

1927 Nov. 10 hist. to
Mrs. W.W. Johnson
M.C.S.
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MRS. W. W. JOHNSON
JAMESTOWN, OHIO.  Oct 29 1927

To the Commissioner of Pensions
Washington D.C.

Dear Sir:

Several weeks ago I wrote
asking for information concern-
ing William Smith - who
according to a history of
Shepherdstown W.Va ("Historic
Shepherdstown") was a private
in the Revolution - lived in
Berkeley Co. - and received 
a pension.
I should like to know whether your
records give any data as
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& family name of wife and
children - etc.
I hope you will send an
early reply.
Thanking you - I am
Very truly yours
(Mrs. W. W.) Ethel A Johnson

[Circular mail stamp
PENSION
A 
OCT 
U 31 S.
1927
OFFICE]
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Auditors Office Annapolis March 10th 1819

I hereby certify that it appears from the Muster Ro[remainder cut off]
remaining in the Auditors office that William Smith 
enlisted as a private [illegible] in the first Maryland
Regiment on the 10th of Decr. 1776 and was discharged
on the 1 Novr. 1780. Thomas Karney Auditor[illegible] Md
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Berkely Springs Va July 12

Sir

I enclose the schedule & certificate of Wm Smith who
hope may prove to be in correct form.

Respectfully
Jno Etherson