Revolutionary War Pension and Bounty Land Warrant Application File S. 11428, for Elisha Smith, Massachusetts

SERVICE
NUMBER
Mass Vt.
Smith, Elisha
S. 11428
CONTENTS
cardeed
Apr 2, 1888 at Old Hadley, Hampshire Co. Mass. Res. at Mt. Mansfield, Cummington Co. Vt. In 1893 was of Henry, Charlotte Co. N.Y.
[Empty lined area for additional notes]

14556
New York
Elisha Smith of Jerry in the State of New York who was a Private in the Company commanded by Captain _____ of the Regt commanded by Col Brewer in the Vermont line for 2 Years.
Inscribed on the Roll of New York at the rate of 80 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 31 day of May 1833 and sent E. Tucker Pinedonia N.Y.
Arrears to the 4th of Mar 33 $160. Semest. allowance ending 4 Sep 33 40
200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Jno Cromwell Clerk Book E Vol. 4 Page 77

Elisha Smith.
22842
It will be perceived that the applicant in this case will be 85 years old on the 3 d day of April 1833 which shows that a pension, in order to do him any good must come quickly - He has no property and is now supported by the charities of his friends & relations - In addition to bodily infirmities, consequent upon old age, he has a cancer upon his face which will soon bring his life to a close.
Please direct the Answer to this application to
Chauncey Tucker. Fredonia
Chautauqua Co. N. York
ad m d
2 years pri
80 $

Orleans County ss: Oliver Smith being duly sworn says that he is the Brother of Elisha Smith of the town of Gerry in the County of Chautauqua and State of NEW YORK & that he has been acquainted with the said Elisha the most part of the time for more than seventy five years last past, that he was particularly acquainted with him during the Revolutionary war and that he well recollects that the said Elisha Smith served a considerable time as a private soldier in the said war - That he cannot recollect distinctly the particulars of his services but the following is according to the best of his recollection - That in the Spring of the year 1776 as near as he can recollect the said Elisha Smith went in a company of volunteers or militia he dont recollect which to Ticonderoga - This company was commanded by Capt. Peter Lieut. Todd in Col. Brown's Regt. - That he saw the said Elisha in the service at Ticonderoga & thinks that he served through the season about six or seven months - That in the year A. 1777 the said Elisha Smith went again to Ticonderoga in Capt. Robinson's Company of Militia under an enlistment for six months in Col. Herrick's Regt. That he dont know whether the said Elisha served out his six months or not but understood at the time that he did - That he saw the said Elisha at Bennington whilst in the service whilst the American Army were there (thinks in 1777) and that the said Elisha was in the battle at that place - That the said Elisha Smith was called out several other times on Alarm -
Oliver Smith
8.0 Subscribed and sworn } the 31 st day of } January - 1832 } before me Clark Hays J. Justice
County of Orleans ss: I hereby certify that I am well acquainted with Oliver Smith who has subscribed & sworn to the above affidavit and that he is a credible person & his statement is entitled to credit - Dated the day & year aforesaid Clark Hays J. Justice

State of New York Ostego County } ss
I H. Mills Clerk of the said County do certify that Clark Haysen before whom the succeeding affidavit purports to have been sworn was at the date of the same one of the justices of the peace in & for the said County And that
I am acquainted with his hand writing & verily believe his name subscribed to the said affidavit to be his proper hand writing and signature
Witness my hand and Seal of Office this 2 nd day of February 1833
H. Mills Clerk

State of New York Chautauqua County } ss:
On this thirteenth day of February A D 1833. Personally appeared in open Court before the Judges of the Court of Common Pleas of said County of Chautauqua, (now sitting, Elisha Smith, President of the Town of Erie in said County, aged eighty four years on the third day of April last, 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 the service of the United States under the following named officers and served as herein stated. —
That in the Spring of the year 1775, at the town of Stamford in Bennington County, Vermont, his then place of residence, he went as a substitute for one Amos Mead in a Company of Militia commanded by Capt. Sloan, Lieut. Parker, and he thinks Ensign Sabin. This Company was in the Brigade commanded by Genl. Patterson and Adjutant Walker, — That he does not distinctly recollect the names of any more of the Field officers — That they marched directly from Stamford on a march to Cambridge in Massachusetts, that he remained in the service at Cambridge with his Company until the time for which his principal was bound to serve had expired, (which was at least eight months after he took his place. — That their principal business while at Cambridge was in guarding the Place and building fortifications & making entrenchments — That he does not recollect of being in any battle regular battle, except that the enemy frequently fired upon them with Cannon from their shipping & the enemy once landed at a place called Scarbro Point, but they were soon driven off by our men & retreated to their shipping — That after serving out the term of service for which his principal was bound to serve, he was discharged and returned home. That on his way home & within five miles of Stamford aforesaid he came across Capt. Reuben Hinman who commanded a company of Volunteers, and that he volunteered and went to Saratoga in the said Capt. Hinman's Company — That they marched directly to head Quarters which he thinks was on the Plains of Abraham, when they remained awhile, when it became necessary that a Party should

go to the Island of Orleans, nine miles distant by Water, to cut off all communication between the French Forces & the British and prevent the carrying of Provisions to the Enemy, that the different Companies were called on for Volunteers to go to this Island and that at the request of his Captain, he went - That he thinks that Capt. (Gideon) Brunsan commanded the party that went on to the Island. - That he thinks Capt. Brunsan was a resident of Sunderland V.T. - That he remained in actual service on the said Island until May 1776 when the Main Army retreated from Head Quarters which cut off the possibility of Capt. Brunsan's Company getting to head Quarters - That he then left the Island with Capt. Brunsan's Company & went on a different route to overtake our Main Army, which they overtook some distance before they arrived at Crown Point. - That he arrived at Stamford about 5 mo. the last of May 1776 having served at least five months under as a Volunteer under Capt. Hinman and Capt. Brunsan.
That he remained at home not more than one week when he enlisted in Capt. Porter's Company of Militia for six or eight months, he don't recollect which, to go to Ticonderoga and went, - This Company was in Col. Brewer's Regt. Sayal Dadd of the town of Adams Mass: was Lieut. of this Company. - That does not recollect the names of any more of the Field or Company officers. - That he remained at Ticonderoga in actual service at least six months & he thinks eight months, when he returned home to Stamford of course, when he remained until in the latter part of the winter or early sometime in the spring of 1777, when he volunteered again enlisted in Capt. Robinson's Company of Militia for six months in Col. Herrick's Regt. and marched with said Company directly to Ticonderoga where he remained in actual service until the place was evacuated, when he returned home to Stamford having served under this enlistment according to the best of his recollection at least four months - & he thinks longer.
That he was again called out in 1777 in Capt. Saml. Robinson's Company on an Alarm & went, and was engaged in the Benington Battle. - Don't recollect how long but was at Benington thinks at least one month. -
That he was called out on Alarms, several other times which put to 1 mo. gether would amount to at least one month -
But this declaration further says that he has no doubt he is

And this declarant further says, 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 as a private soldier, not less than two years and for such service he claims a pension. —
That about 28 years since he moved from Stamford to Rome Oneida Co. N York where he resided 10 years & removed to Empire County (now Orleans Co. N York), where he remained about 13 years when he removed to the town oferry, Chautauqua County N York where he has ever since resided and where he now resides. — That he cannot recollect distinctly any other officers than is mentioned above — That he knew many of the officers at the time but his memory has failed so much that he cannot recollect distinctly. — That he was born at Old Hadly, County of Hampshire, (Massachusetts) on the 3 d day of April 1748 That he has been informed by his relations that his age is recorded in the town books of the town where he was born but that he has no record of his age in his passport. — That there is no clergyman resident in the neighborhood of this declarant & that he is not acquainted with any clergyman in the said County of Chautauqua. — That he is well acquainted with George Campbell, Richard W. Stockton Esq. Lyman Little, Laurens Bates & Alphens Bates
resident inerry of whom who can testify to his character for veracity and their belief of his services as a soldier of the Revolution. — That he has never at any time received a written discharge from the service. — That he is the identical Elisha Smith named in the off g of Oliver Smith hereto annexed, and that he knows of no other person living who can testify to his services. — And this declarant further says that he is wholly destitute of property & that his health, which at best is poor, is now much impaired by a cancer upon his face, which is considered by physicians as incurable. —
He hereby relinquishes every claim whatever to a pension or annuity except the present & he claims that his name is not on the Pension Roll of the Agency of any state — Simon to & subscribed the day & year aforesaid. Elisha Smith by Melveth Judge

(We George Campbell & Lyman Little & Richard W. Stockton residing in the town of Gray of said, hereby certify, that we are well acquainted with Elisha Smith who has subscribed and sworn to the above Declaration, that we believe him to be eighty four years of age; that he is respected and beloved, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion - George Campbell Sworn & subscribed this day & Year of our Lord one thousand eight hundred and thirty three. George Campbell Lyman Little Richard W. Stockton
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories pre- scribed by the War Department, that the above named applicant was a Revolutionary soldier and that he served as he states, - And the Court further certifies that it appears to them that he cannot procure a clergyman's certificate without too much incon- venience and expense and that it further appears to them that George Campbell Lyman Little & Richard W. Stockton who have signed the preceding certificate are credible persons and that their statement is entitled to credit.
I James B. Lowry Clerk of the said Court of Common the Pleas do hereby certify that the foregoing contains the ori- ginal proceedings of the said Court, in the matter of the application of Elisha Smith for a pension. -
In testimony whereof, I have hereunto set my hand and seal of Office, this 13th day of February in the year of our Lord, one thousand eight hundred and thirty three. -
James B. Lowry Clerk By J. B. Young, Deputy Clerk.

No 22842
Elisha Smith
Chautauqua
N.Y.
cont.
John W. Lory 6th Chautauqua N.Y.

WAR DEPARTMENT,
Pension Office,
183
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.
A Statement,  showing the Service of Elisha Smith Chautauqua Co. N.Y.
    Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     sub Spring 1775 8 private Capt M c Lennan Genl Br Bennyto Cambridge 80 years Living & tradition   1st need 5 and Lieut Lennan Marrack Town of el evidence   vol Spring 1776 8 months Parker Col Brew setts Lee Stanford   cont Spring 1777 4 Ensign as Regt beck of Bonning   slaves 77 1 Lieut Col Hericks Abraham Ton County   - - - 1 Capt H c R as Regt Island of Vernot   man-Cap Orleans   Benson Teconda   Capt Br as regt   lieut   2nd   Capt Br   Roberson   enlist   
I am, respectfully,
Your obedient servant,
he states his service not less than 2 years -
J. L. EDWARDS, Commissioner of Pensions.

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, or District of } ss. County of }
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 of 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 day 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 alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. 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 services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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."
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 that 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
John N. Ashton

Rev. War
11428
INVALID.
Rev
File No. 11428
Eliska Smith
Rev War
Act: June 7 th 1832
Index:—Vol. A , Page 848
[Arrangement of 1870.]