Revolutionary War Pension and Bounty Land Warrant Application File R. 9,716, for Elijah Smith, Massachusetts

SERVICE
NUMBER
Mass.
Smith, Elijah
P 9716
CONTENTS
Jan 30, 1776 at Waltham, Middlesex Co Mass. then at end of in 1841

Elizabeth Smith.
Oct 1838 — Mass a
Elyah Smith 32 yrs

State of Massachusetts County of Middlesex
Be it Known, that on this ninth day of November A. D. 1852 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Marshall Smith
resident of Waltham in said County, and made oath according to law that he is a son and one of the legal heirs of  Elijah Smith late of Waltham who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 1
That he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint SAMUEL M. KNIGHT , of Washington City , my true and lawful Attorney to prosecute the claim of Elijah Smith for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Marshall Smith Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Marshall Smith to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Jobiah Rutter Justice of the peace.
State of Massachusetts County of Middlesex
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of Common Pleas within for the said County, that Marshall Smith the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the son of the reputed soldier aforesaid. I further certify, that Jobiah Rutter Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office said Court this thirteenth day of November 1852
Seth Ames Clerk
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

I Nathan Smith of Natick in the County of Middlesex and Commonwealth of Massachusetts aged eighty five years do depose and say, that I was born in this town, and that I have always resided in this town, except about five years that I resided in Bedford in D. County, which was from the year 1774 to the year 1779. and that I have a brother by the name of Zephaniah Smith who died near twelve years ago; and I have a brother now living by the name of Elijah Smith, and I well recollect after I returned from Bedford in 1779 or so or near that time of hearing it often stated that my brother Elijah Smith was in the revolutionary service at Cambridge and Prospect Hill and Winter Hill; but I am not able to state how long he was there, or what officers he was under in that service. I further state that I have no recollection of my brother Zephaniah's ever being in the service, or of hearing it stated that he was. Nathan Smith Commonwealth of Massachusetts
Middlesex ss. Natick October 5 th 1840. Personally appeared the above named Nathan Smith well known to me as a credible witness and made oath that the above affidavit by him subscribed is true. Before me Luther Foster Jus. Peace.

Commonwealth of Massachusetts Middlesex County ss.
I Isaac Burke Register of the Court of Probate in & for the County of Middlesex do hereby certify that Luke Burke Esq. is a Justice of the Peace within & for said County duly commissioned & qualified & that his signature within written is his genuine signature.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this eighth day of October in the year eighteen hundred & forty.
Isaac Burke Esq.

Brighton Oct. 7 th 1890
Mr. Deane Fish Esq.,
Sir I enclose herewith an affidavit of Nathan Smith, in support of the claims of Elijah Smith of Waltham, and Sir I trust that this, with a careful examination of Mr. H. D. Dowsings will satisfy the Commissioner that Elijah Smith is the identical person that rendered the service in Capt. Dimes Company as expressed in Mr. Smiths Declaration.
I have not received any reply from the Commissioner on my last statements of two months service rendered by Convers Bigelow at Cambridge in Capt. Abel Wheelers Comp previous to June 12 th 1877, as stated in a Receipt now in my possession, (one of Mrs. Anna Bigelows), Being Resp Your Oldest Servant Elijah Black
This this paper is entered by way of reference J. H.

Hn W. Parmenter A 22

I, Elijah Smith of Waltham in the County of Middlesex and Commonwealth of Massachusetts Farmer, being now eighty one years of age, do depone and say, that I performed service in the revolutionary war, and that I served as set forth in my declaration last June before the Hon. Sam l P o Fay Judge of Probate for Middlesex County, that the service which I rendered at Cambridge in Capt Abram Pierce's Company in guarding Burgoyne's troops as substitute for my Brother Zechariah Smith is true as I before stated, my Brother Zechariah was drafted out to do that service, and after he had been at Cambridge not more than seven days, he returned home, and being engaged in the Blacksmith's business, and not pleased with the service, he offered me as his substitute and I was accepted and went and served his time of service out. I further testify and say that the reason that I did not apply for a pension before last June, is that I was never made acquainted with the act of Congress which would have granted me a pension until within two years, and even then I had supposed that the kind of service and the length of time, and as a substitute might make it difficult to obtain a pension, but learning that others in like circumstances did obtain, I applied. The whole time I was in the army was more than seven months, and I now ask after a lapse of more than sixty years for compensation for services rendered. The interlining above by the word the in two places was made before signing.
Elijah Smith
Commonwealth of Massachusetts Middlesex S.S. Waltham February 18 th 1841 Then Personally appeared the above named

Elijah Smith, and subscribed the above affidavit, and made oath that the facts therein set forth are true.
Before me Nahum Hardy Justice of Peace for Middlesex
I hereby certify that the above named Elijah Smith is personally known to me as a man of unquestionable veracity and of sound mind and an assured and aged citizen, my acquaintance with Mr. Smith is of more than thirty five years standing. Nahum Hardy Justice of Peace
I Calvin Smith, Farmer of Lincoln, in the County of Middlesex and Commonwealth of Massachusetts, of lawful age, depose, and say, that my Father, Zachariah Smith was a native of Waltham, in said County of Middlesex, that he removed from Waltham to this Town near the year 1707. That he has been dead eleven years, I well recollect of hearing my Father speak of the revolutionary War, I think he stated that he never was out but a few days, and it is my full impression that I have repeatedly heard my Father state that he hired men, to go, and do service for him as his substitute my Father was engaged in Waltham as a Blacksmith also engaged in the same business in this Town, and from due reflection it is my belief that my Father never rendered any length of service in the Revolutionary War.
Calvin Smith
Commonwealth of Massachusetts.
Middlesex ss. Lincoln February 23 d 1841 Personally appeared the above named Calvin Smith and made oath to the truth of the above affidavit by him subscribed before me Charles Wheeler Justice of Peace. I hereby certify that the above named Calvin Smith is a man of truth, and veracity Charles Wheeler Justice of Peace

Jonas Smith of Lincoln, in the County of Middlesex and State of Massachusetts, of lawfull age, depose and say, that my Father Zachariah Smith, was a native of Waltham, in said County, that he lived and died in this Town I well recollect of repeatedly hearing my Father state, that he hired sums of money to substitutes who did service for him and from the many statements I have heard him make, I am fully of the impression, that my Father never did but a few days service in the revolutionary War, and it is my impression, that I heard my Father say, that he went to Cambridge to guard Burgayne's Army; that he did not stay there but a few days —
Jonas Smith
Commonwealth of Massachusetts Middlesex ss. Lincoln February 23 d 1841
Personally appeared the above named Jonas Smith and made oath to the truth of the above affidavit by him subscribed — before me Charles Wheeler Justice of Peace
I hereby certify that the above named Jonas Smith is a Man of truth and veracity — Charles Wheeler Justice of Peace
Commonwealth of Massachusetts
Middlesex ss. I do hereby certify of the Court of Probate in & for the County of Middlesex hereby certify that Nathan Hardy Esq & Charles Wheeler Esq are respectively Justices of the Peace within & for the County of Middlesex duly commissioned & qualified & that their signatures written on the foregoing papers are their genuine signatures. In testimony whereof I have hereunto set my hand & affixed the seal of said Court this twenty fifth day of February in the year of our Lord one hundred & forty one Jonathan Dyer

Commonwealth of Massachusetts County of Middlesex, ss.
On this thirtieth day — of June eighteen hundred and forty. Personally appeared before the Hon. S. P. P. Fay Judge of Probate in and for the County of Middlesex, and State aforesaid, Elijah Smith a resident of Waltham in said County, and State, aged eighty 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, Seventh A.D. 1832, Granting Pensions to Surviving Officers and Soldiers, who rendered service in the Revolutionary War,
That he entered the service of the United States under the following named officers, and served as herein stated viz.,
That near the first of December 1776, he enlisted and went to Boston, and rendered three Months service in a company commanded by Capt. Caleb Brooks in Col. Dikes Regt., as a cook in said Capt. Brooks Mess, that this service ended near the first of March 1777.
That he then enlisted, and rendered one Month's service as guard of stores and Arms, at Boston line, and Dorchester Heights, that the company was commanded by Capt. Jonathan Warrington, as he believes according to his best recollections.

Also, That in December 1777, or January 1778, he engaged and did a term of service as a substitute for his Brother Zariah Smith, guarding Prisoners of War at Cambridge in a Company commanded by Capt Abraham Pierce, in Col. Brock Regt. That this service ended near the middle of April 1778, and that his Brother Zariah Smith is not living, and his said Brother never received any Pension and has no Widows living.
Also, That in July 1778, he engaged and went to Winter Hill in Charlestown, and guarded Prisoners of War, fifteen days, and according to the best of his recollections he believes his Captains name was Capt. Sargent.
That at the time he engaged in the above named services, he resided in Waltham aforesaid, where he has resided the principle part of his life, and that he is not knowing to any one, now living that can testify as additional proof to the services here set forth.
We hereby relinquishes every claim whatever to a Pension or annuity except the present, and declares that his name is not on the Pension Roll of the agency of any State, and that he has never received any pension within the United States.
Elijah Smith
Subscribed Asworn to in open Court the day & year first above written by said Elijah Smith — before
J. P. P. Day Wrob.

I Elijah Fiske residing in Waltham hereby certify, that I am well acquainted with Elijah Smith of said Waltham, who has subscribed & sworn to the above declaration, & that I believe him to be eighty years of age & that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & I concur in that opinion — I know that he had a brother Zariah, who died about fifteen years ago — & left no widow — Elijah Fiske
Middlesex ss: June 20. 1820. Personally appeared Elijah Fiske well known to me as a credible person & made oath to the truth of the foregoing deposition before me. J. P. P. Day Clerk J.P.
And the said judge does hereby declare his opinion, after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named affiant was a revolutionary soldier & served at the states. And said judge further certifies, that it appears to him that Samuel Ripley is a clergyman residing in Waltham aforesaid, & that Elijah Fiske, who has signed the above certificate is a resident in said Waltham & is a credible person. & that their statement is entitled to credit. J. P. P. Day J. P. P.

I Isaac Burke Register of the Court of Probate in & for the County of Middlesex do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Elizabeth Smith for a Pension.
In testimony whereof I have hereunto set my hand & seal of office this thirteenth day of June in the year Eighteen hundred & forty
Isaac Burke Reg

Elyah Smith's application for Pension etc.
(35,080.
Mass
Act June 7. 1832
W. S. Farmer O. 2

Extract from the Records of the Town of Waltham County of Middlesex & Commonwealth of Massachusetts
Elijah Smith, son of Jonas & Thankfull Smith born Jan y 30 1760.
Extract from the report of a Committee appointed to estimate what each one has done in the war, by bearing arms personally or their paying money to encourage others to do the same and proportion the same by a tax upon the Polls and Estates of the Town &c.
We likewise find that there went to Dorchester Hills and to Boston lines in the winter of the year 1776, that did duty as Soldiers: It Isaac Bemis Joseph Brown Elisha Stearns Ezra Pierce David Stearns George Stearns Shaddens Bemis Elijah Smith Timothy Flagg Charles Butler Josiah Hastings Jr Flagg Jonathan Sanderson and Samuel Green.
We also find that there went last July (1778) a number of men to guard prisoners of convention 15 days. viz George Stearns Elijah Smith Joseph Lock William Pierce Samuel Gooden and Coburn think that the sum of 44 £ be allowed, amounting to 24 £.
Which is hereby Submitted by Hon or Sanderson
Waltham Oct 19. 1778.
Peter Warren John Bright Jonas Child } Committee
I certify that the above is a true Copy of the Records. Joseph Bond Jr.
Middlesex ss. Waltham June 15- 1840. - I Joseph Bond Jr. above named depose and say; that I hold the office of Town Clerk in the Town of Waltham, in the County, and Commonwealth aforesaid, and that the above is a true extract from the records of said town and I further state that the above named Elijah Smith is now living in this town, and to my best knowledge and belief, is worthy of full confidence
Joseph Bond Jr. Clerk of the Town of Waltham.
Commonwealth of Massachusetts
Middlesex ss. On this fifteenth day of June 1840. Joseph Bond Jr. Clerk of the Town of Waltham personally appeared and made oath to the truth of the above certificate, by him, subscribed is true
Before me. Nathan Hardy Justice of the Peace

I, Josiah Hastings of Weston, in the County of Middlesex, and Commonwealth of Massachusetts, a soldier of the Revolution, aged eighty years, and formerly a native of Waltham in said County, do testify and say that I rendered service in the revolutionary war, and that in November or December 1776 I enlisted in a company commanded by Capt. Caleb Brooks, in which I served near three months in guarding stores in Boston; and I further testify that I well recollect one Elijah Smith of Waltham who was in the same company during the time I was in it; and I also understand and believe that the said Elijah Smith is now living in Waltham.
Josiah Hastings
Commonwealth of Massachusetts, County of Middlesex ss. On this fifteenth day of June 1840, personally appeared the above named Josiah Hastings, known to me as a credible witness, and made oath that the above affidavit by him subscribed, is true.
Before me Benj m James Justice of Peace
I, Samuel Ripley, of Waltham, in the County of Middlesex, Commonwealth of Mass. do testify & say, that I came into said Waltham in the year 1809, & was ordained Minister of said town in Nov. of that year - that ever since that time I have known Elijah Smith of Waltham, who was then a member of the church of which I was made pastor - that he is still living in Waltham, is still a worthy member of the church, a sincere & humble Christian, & in my opinion, worthy of entire confidence as to any statement he may make concerning his affairs - that he has been a Selectman in the Town & is universally esteemed as an upright & honest man
Samuel Ripley
Commonwealth of Massachusetts
Middlesex ss. June 15. 1840. Then the Rev Samuel Ripley, who is personally known to me, as a credible witness, subscribed the above affidavit & made oath that the same is true.
Before me Joseph Bond Jr. Justice of the Peace.

Commonwealth of Massachusetts Middlesex County ss.
I Isaac Root the Register of the Court of Probate in and for the County of Middlesex aforesaid, hereby certify that Nathan Hardy, Priscilla James & Joseph Bond in are respectively justices of the Peace within & for said County duly commissioned & qualified & their several signatures written on the foregoing Paper are their genuine signatures.
In witness whereof I have hereunto set my hand & affixed the seal of said Court this thirteenth day of June in the year one thousand eight hundred & forty

REJECTED
9716
P. O.
Elijah Smith
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: The printed list of 1852 gives cause of suspension as follows;
Re-enlisted: "Proof of service from the rolls offered is defective - name not alike -"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

9715
Hon W. Parminter 29 Jan 1841 35,080
let to Hon W. Parminter Jan 29 '44 ✓ x " Henry W. Mygale Apr 9 '44 ✓
Elijah Smith's Isaac Dike 21 Oct 1840 ✓ See list to Hon. W. Parminter 97 Hon W. Parminter 5 March 1841. ✓ July 7, 1840, not found
Mr. Elijah Clark Sept: 5. 1840 not found Hon. W. Parminter Dec: 28. 1840 ✓ do do June 15 1841 ✓
x mistake of the cash -

1840 80 1760
Elijah Smith. af 80.
Dec 7th ① 3 mo. Walt Brooks. Dike as a book
② 1 mo. guard of Story Boston Capt John H. Harrington
Dec 77 ③ 3. Abram Pierce, as sub for Bro. Zachariah
July 78 ④ 15 d. guard pris Capt Sargent 7 1/2
① doc. evi 2 of service.
④ " " . 15 d.
Vol 21 p 209 Zachariah Smith on roll Nov 3 78 21 d. Vol 22 p 103 pages 2 mo. on Journal History, cut on

I Nicholas Thwing of Roxbury in the County of Middlesex & State of Massachusetts eight one years of age do hereby now say that I rendered service in the Revolutionary War. That I remained over three months service in Cambridge guarding Brattle Street in the first part of the year 1775 in the Company commanded by Capt. Abraham Pierce of Waltham in said County of Middlesex. That I knew a man in this Company by the name of Smith. I believe that Elijah Smith of Waltham is the man that was in this Company with me as I have before testified, there was but one man in said Company of Capt. Pierce by the name of Smith and after reflecting since I testified before I am of the full belief that Elijah Smith of Waltham is the identical man that was in this service with me.
Nicholas Thwing
Commonwealth of Massachusetts, Middlesex ss. December 8 th 1840
Then personally appeared the above named Nicholas Thwing known to me to be a person of sound mind and truth & made oath that the above affidavit by him subscribed was true.
Before me
Seth Davis. Justice of the Peace
Commonwealth of Massachusetts, Middlesex ss. I Isaac Dyer Clerk of the Court of District Court and for the County of Middlesex do hereby certify that Seth Davis Esquire is a person of the same authority & for the County of Middlesex duly commissioned & qualified & that his signature above written is genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this twelfth day of December in the year Eighteen hundred & forty.
Isaac Dyer Clerk

I Elijah Fiske of Waltham - in the County of Middlesex and Commonwealth of Massachusetts, in the seventy sixth year of my age, do testify and say that I have always resided in this Town, and for the most part of the time on this place, which is situated within three fourths of a mile of the residence of Elijah Smith. The Dr. Elijah Smith resides on the place that was owned and occupied by his father Jonas Smith at the time of the Revolution. I have always been acquainted with the Dr. Elijah Smith and his brother Zechariah Smith. In the time of the Revolutionary war the Dr. Zechariah Smith resided near his father and was engaged in the Blacksmith's business. I have no recollection or knowledge of the Dr. Zechariah Smith being gone from his shop or ren- -dering any service in the Revolution. It was at that time a common practice for those who were engaged in business, to hire some one to do their business when they were drafted out, and it is my full belief, that the Dr. Elijah Smith rendered several different services in the Revolution, and that the situation of the Dr. Zechariah and Elijah Smith was such at that time as would prevent Zechariah Smith from leaving home; and that Elijah Smith did render service as a substitute for Zechariah. Since I believe that it is and has been very generally expressed that the Dr. Elijah Smith ought in justice to receive a Pension. Elijah Fiske
Middlesex p. Waltham June 18 th 1840 Personally appeared the above named Elijah Fiske and made oath that the for- -going affidavit by him subscribed was true according to his best knowledge and belief; and I certify that the Dr. Elijah is of sound mind and entitled to belief. Before me S. H. Estlin Jr. P.

I, Josiah Hastings of Weston, in the County of Middlesex and Commonwealth of Massachusetts, eighty one years of age, do testify & say, that I rendered service in the Revolutionary War; that I was in the service of a guard of stores in Boston, in Capt. Caleb Brooks company; at Cambridge in Capt. Abraham Prince's company; at that time my residence was in Waltham, an adjoining town. I was at that time well acquainted with Elijah Smith and Zachariah Smith both of Waltham, and I am fully of the belief, that the said Elijah Smith rendered service in the Revolution. I do not recollect that he was in the mess with me in either of the places where I was, and I have no knowledge or recollection of Zachariah Smith being in the service - but I do recollect that the said Elijah Smith and myself came home from Boston or Cambridge in company together while on a furlough, Captain Prince's company was made up of men from Waltham, Newton and Watertown, and some from Lexington. I recollect that William Coolidge was orderly sergeant, and that he and Nicholas Hoving belonged to one company. Josiah Hastings
Commonwealth of Massachusetts.
Middlesex ss. June 4 th A.D. 1841. Personally appeared the above named Josiah Hastings, known to me to be of truth, and made oath, that the above affidavit, by him subscribed, is true.
Before me Benj. James Justice of Peace.
Commonwealth of Massachusetts
Middlesex County ss. I Isaac Dike Register of the Court of Probate in & for the County of Middlesex do hereby certify that Luke Dike & Benjamin James Esquires are respectively Justices of the Peace within & for said County of Middlesex duly commissioned & qualified & that their names written in the foregoing paper are respectively their genuine signatures.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this 10 th day of June in the year of our Lord one thousand eight hundred & forty one. Isaac Dike

I John Clark of Waltham in the County of Middlesex and Commonwealth of Massachusetts Aged seventy four years, certify and make affidavit that I am now, and have been acquainted with Elijah Smith of said Waltham, that said Smith now lives within three miles of my residence, that he is I think eighty years of age, that I have had much dealing with said Smith and always found him to be an honest and upright person, and a person of undoubted truth & veracity, and I the said Clark have no doubt that any statement or certificate that said Smith has made or may make on oath may be relied on as perfectly true: my acquaintance and dealings with said Smith have been for a term of sixty years & upwards, to the best of my knowledge & belief.
John Clark
Commonwealth of Massachusetts Middlesex County ss.
January 8th 1841
Then the above named John Clark, personally appeared before me the subscriber a Justice of the Peace within & for said County, and made oath that the above certificate by him subscribed is true.
Amad Moore, Justice of the Peace
Waltham Jan'y 8th 1841
I Amad Moore above named, also certify that I am and have been for eight years last past been acquainted with the above named Smith & Clark, that said Clark is a person of undoubted truth and veracity and that as far as my knowledge extends I fully concur with said Clark in the above certificate.
Amad Moore, Justice of the Peace

Commonwealth of Massachusetts.
Wadsworth County ss. I Isaac Fisher Magister of the Court of Probate in and for the County of Wadsworth aforesaid, hereby certify that Brad Henry Fisher, is a person of the Peace within the said County of Wadsworth, duly commissioned & qualified & that his signatures within written are his genuine signatures.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court this ninth day of January in the year of our Lord one thousand & eight hundred & forty one; — Isaac Fisher

Elijah Smith case additional evidence
Elijah Smith -

Commonwealth of Massachusetts Middlesex County ss.
I Nicholas Irving of Newton in the aforesaid County aged eighty years. Upon and say that I was in the Army of the Revolution and that I served about three months in the former part of the winter of 1778 in the company of Abraham Pierce of Waltham and my were stationed at Cambridge near Boston.
I further depose and say that there was in the same company with me a person by the name of Smith and that I have this day been to Waltham and seen and conversed with Elijah Smith of said Waltham and it is my firm belief that he the said Elijah Smith is the identical person who was with me there during that campaign as he relates many transactions which transpired during the time of which we both have a perfect recollection and from various other circumstances I have no doubts whatever concern- ing the same.
In witness whereof I have hereunto set my hand this twenty ninth day of July one Thousand eight hundred fifty.
Nicholas Irving
Commonwealth of Massachusetts Middlesex ss July 29 th 1840
Then the above named Nicholas Irving being a person known as a credible witness and of sound mind personally appeared and made oath that the above declaration by him subscribed was true before me. Seth Davis Justice of the Peace

Commonwealth of Massachusetts Middlesex ss. I Isaac D. Dyer of the Court of Probate in & for the County of Middlesex hereby certify that John Dyer in a petition of the Probate within & for said County duly acknowledged & qualified & that his signature within written is his genuine signature.
In testimony whereof I have hereunto set my hand I affixed the seal of said Court this twenty eighth day of August A.D. 1820 Isaac D. Dyer

Brighton Augt 26, 1840
Mr Isaac Tink Esqr
Sir, I enclose herewith the affidavit of Mr Nicholas Drowning in support of the claimes of Elijah Smith of Waltham, which I wish you to forward to the commissioners of Pensions, and I trust it will be satisfactory, as its the best evidence on that service of Mr Smiths, that I am able to obtain at this time,
Very Resp. Yrs. C. H. S. Elijah Smith

Isaac Fiske
Oct 21 1840
OB

Pennon Office Oct 21 1840
143
Sir
I have in the affidavits of Nathan Smith, touching the services of Elyah Smith, his brother as a substitute for Zachariah Smith in the company of Capt Pierce, and have placed it on file with Mr Elyah Smith's papers.
As the affiant appears to have had no personal knowledge of the services of her brother Elyah, but having derived all her information from hearsay, her testimony cannot be rec d as satisfactory proof.
Yours OB
June 7 1832
35.080
Dear Perthe Esq Ear Cambridge Mass

11. Vermont
Dec: 28. 1840.
Q. 6.

217 Pioneer Office Sept 28. 1840
Sir,
I have examined the affidavits of Nicholas Thung in the case of Elyah Smith, and have filed it with his original papers. This testimony is not satisfactory. Mr Thung merely states that he believes that said Smith served with him in Capt. Purvis Co. — is certain that there was but one man in that Co. @ thinks his name was Elyah: yet the roll of pay Purvis Co bears the name of Zachariah Smith, @ none other of the name. If this is one of the claims mentioned in Mr Elyah Clarke's letter to you.
Hon Wm Parmenter H.R.
Frank Harris Dec Jan 7 1842 35.080

Hon. W. Parmach
Jan 29 1841
06

Interior Office Jan 29 1841
258.
Sir
The letter of Mr Elijah Clark is herewith returned. The affidavit of E. M c Clark respecting the character of Elyah Smith has been filed with Mr. Smith's papers. The claim of Mr. Smith may be a just one, but the proof the proof offered in support of it, is wholly unsatisfactory: affording no justifiable grounds for allowing it under the rules of equity adopted by the Department.
Had Mr. Smith made his application soon after the passage of the act of June 7 1832, he might have found less difficulty in substantiating his claim than at the present time. When he did not do He should give a satisfactory reason for not making earlier application. so he alone can tell. I have the honor a
Hon. W m P. Farnsworth A R
OC June 7 1832 35080

Hon. W. Parmenter March 5 1841
OC

Pension Office March 2 nd 1841
28
Sir
I have rec d the supplemental statement of Elizah Smith, and have filed it with his papers. The proof is supported by the depositions as I stated in my last letter, & Mr. Duffield's. Mr. Clark's letter is herewith. I have the honor
For Mr. Parmenter HR
OC June 7 1832 35080

Hon W. Parmeter
June 15, 41
OC
[Faint mirrored text from the reverse side of the page]

Pension Office
208
June 15 1841
Sir
I return herewith the letter of Mr. Kelack on the subject of the claim of Elijah Smith. The affidavits of Elijah Perke and Israel Hastings in behalf of said Smith are filed with his original papers.
The proof offered in support of the claim is not sufficient to substantiate the allowance. for I have the honor
to Mr. Payment HR
OC June 7 1832 ✓ 35.050

Then at Parma 29 Jan 44

Sir
Jan 29.
459 H.H.
I have the honor to return you Mr Clark's letter in the case of Elijah Smith & beg leave to call your attention to its contents, as affording the grounds upon which his claim is rejected. He did not serve & no agreement the alleged discredited service for his brother which is discredited. Sarah Burr's claim should be described by whom & when was it forwarded to this office - under what act &c. To a similar enquiry a letter was addressed to your colleague Mr Grinnell on 29 ult.
In the case of Sarah White the evidence is satisfactory as to the date of the marriage but the following services should be established by the certificate of the Secy of Mass.

Henry W. Allegheny 9th Apr. 1841.

Pension Office
April 7 44
Sir.
The additional evidence in the case of Elijah Smith claiming a pension under the Act of 7 th June 1832 has been examined and filed. The name given in the certificate of the Secretary of State of Massachusetts is Elisha Smith and not Elijah Smith and unless it be shown by satisfactory parol testimony that Elisha and Elijah Smith are one and the same or in other words that there was no Elisha Smith in service at the time, the evidence cannot be admitted.
Henry R Mygatt Esq o Oxford Chenango Co N.Y.
35-080 Act 7 th June '32