Revolutionary War Pension and Bounty Land Warrant Application File R. 9751, for Eli Smith, Virginia

SERVICE
NUMBER
Va.
Smith, Eli or Al or Aly R. 9751 Jane
CONTENTS
[Faint handwritten text, possibly a date or name]

A list of children born to Eli Smith and Jane his wife.
Elias born the 11th. September 1784
Patrick born the 4th. October 1786
William born 21th. October 1788
Eli born the 27th. January 1795
James born the 9th. February 1793
Elizabeth born the 10th. September 1790
Nancy born November the 8 th 1799
His Smith was born May 29 th 1814

Mrs J Smith
6031
Jane Smith 7 Oli Jen:
act 4 July 36-
Mrs J Smith

Declaration
In order to obtain the benefit of the third section of the act of Congress of the 4 th July 1836 and the joint resolution of July 7 th 1838 State of Tennessee } Campbell County } ss
On this 6 th day of November 1843 personally appeared in open court before the worshipful County Court M rs Jane Smith a widow of said County and State aforesaid who first being duly sworn according to law with an oath make the following declaration in order to obtain the benefit of the provision made by the act of July 4 th 1836 and the joint resolution of July 7 th 1838 that she is in the seventy fifth year of her age and is the widow of Col y Smith who was a private and Indian spy in the Virginia Militia in the war of the Revolution that he entered the service in the year 1778 or 1779 and served at different times under the following named Officers viz Col Campbell Captain Scott and Capt Thompson further declares that her husband the aforesaid Col y Smith entered the service at the above stated time and continued to act as a spy and other military duty up to the close of the war of the Revolution and that her husband was captured in the same expedition that the battle of the Kings mountain was fought but being apprehensive of Indian hostilities he was sent back to fort the frontier she further declares that the services performed by her husband the aforesaid Col y Smith both before and after the marriage exceeded three years in the war of the Revolution

and owing to the laps of time she cannot ascertain the Officers or the drafts as that which performed but as to the true gross service she is positive one half of the time as a spy and the other part of the time varying parts. She further declares that she was married to the sd Olly Smith on the 8 th day of April 1783 and her husband the aforesaid Olly Smith died on the 19 th day of April Eighteen hundred and thirty six and she has remained a widow ever since
her Jane Smith mark
In order to obtain the benefit of the act of Congress of March 3 rd 1843 entitled an act granting me gross pay and pension to certain widows
State of Tennessee } Campbell County } ss On the 5 th day of November 1843 personally appeared in open Court before the Court now sitting Jane Smith a resident of said County and State of Tennessee and being duly sworn according to law with make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed March 3 rd 1843 granting me gross pay and pension to certain widows for particulars she refers to the above declaration that she was married to the her husband the aforesaid Olly Smith on the 8 th day of April 1783 and her husband the aforesaid Olly Smith died on the 19 th day of April 1836 and she has remained a widow ever since
her Jane Smith mark

We the undersigned Joseph Hart and John Rinecaid Esqrs Residing in the County of Campbell and State of Tennessee hereby certify that we are well acquainted with Mrs Jane Smith who has subscribed and sworn to the within declaration that we believe that her husband Col Smith to have survived as she stated and that she is respected and believed in the neighborhood where she resides and that we concur in that opinion
Sworn to and subscribed in open Court day of November 1842
Joseph his Hart John Rinecaid Esq
William Cary Clerk
And the court further certifies that it appears to them that Joseph Hart and John Rinecaid who has signed the preceding certificate resides in the County of Campbell and State of Tennessee are creditable persons and that their statements are entitled to credit I William Cary Clerk of the County Court of Campbell County and State of Tennessee do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Jane Smith for a Pension
In testimony whereof I have hereunto set my hand and the seal of our said Court at office in Jacksborough this seventh day of Nov in the year of our Lord one thousand eight hundred and forty three
William Cary Clerk

Oct 14; From J. with widow of the South.
Additional power of attorney
Oct 14/52
Joseph Bryan of the South

I know all men by these presents, That I, Jane Smith of the County of Campbell and State of Tennessee for divers good causes and considerations herein moving have and by these presents, do nominate constitute and appoint Tazewell W. Newman of the Town of Tazewell and State of Tennessee my true and lawful attorney for me in all causes, to prosecute the General Government of the United States, for a pension due me under the act of Congress, of June 7 th 1838, and by the expiration of that act, for the services of my late husband Ali Smith who served in Western Virginia against the Indians in the war of the Revolution. further authorizing my attorney to use all proof on file, and to file all proof that may procure the claim due me from the General Government of the United States, and to examine and use all proof, all papers filed in the Department that may go to establish the service of my late husband and the marriage between me and him, having filed proof, same time in the year eighteen hundred and fortyfour which proof he is authorized to use in the procurement of my pension, further giving power to my attorney to do any and every act, or acts that I might or could do were I personally present at the closing thereof, and to receive all communications, and certificates that may be coming to me further authorizing my attorney to have the same made payable at the Agency at Tazewell Tennessee
In testimony whereof I have hereunto set my hand and affixed my Seal this 1 st day of March A.D. 1852,
Signed Sealed and delivered in presence of Green B. Bates Elizabeth Bryant
her Jane + Smith (Seal) mark
State of Tennessee County of Campbell } ss.
On this 1 st day of March A.D. eighteen hundred and fifty two personally appeared before me Mrs Jane Smith and acknowledged the above power of attorney to be her act and deed for the purposes therein contained. In testimony whereof I have hereunto set my hand the day and year above written
Joseph Marshall
Justice of the Peace for Campbell Co Tennessee

State of Tennessee } County of Campbell } To Wit,
I, William Gamy Clerk of the County Court in and for the County Court State above written do hereby certify that Mrs Jane Smith is the identical Jane Smith who is the Widow of Ali Smith who was a Soldier in the war of the Revolution, that she is still alive and a widow and that she is now the same person who made application for a pension some years since, I further certify that Joseph Marshall Esq before whom the foregoing acknowledgement was made is an acting Justice of the Peace in and for the County and State aforesaid duly Commissioned and sworn and the signature purporting to be his is genuine In testimony whereof I have hereunto set my hand and affixed my Seal of office at office in Jacksborough this 7 th day of March A.D. 1852 William Gamy Clerk

State of Tennessee Campbell County } ss
On this 10 th day of November 1843 personally appeared before the subscriber a Justice of the peace for said County Mr Richard Bratton a resident of said County and State aforesaid aged Seventy Eight years and after being duly sworn according to law doth make the following Affidavit: That he is well acquainted with Mrs Jane Smith who resided in this County and was well acquainted with her husband Alzy Smith up to the time of his death which took place in April 1836 That he knew them to live together as man and wife for some time before the breaking out of the War of the Revolution up to the time of his Alzy Smiths death and knew the sd Alzy Smith to be a soldier and Indian Spy in the Virginia Militia under Capt Campbell Capt Scott and Captain Thompson Affiant further declares that the services rendered by Alzy Smith was full three years under the above named Officers the greater part of the time as a Spy and was considered a good spy and woodsman Affiant further declares that he is at this time receiving a pension of $84 16 for services rendered at the same time that the aforesaid Alzy Smith was in service and the aforesaid Alzy Smith was much longer in the service than Affiant
Allen McDonald Justice of the peace
Richard his Bratton mark
sworn to and subscribed on the day and year above written before me a Justice of the peace for the County aforesaid I further certify that full faith and credit may be given to his Richard Bratton statement in writings whereof I have hereunto set my hand
Allen McDonald Justice of the peace

Rachel Warfield affidavit

State of Tennessee Campbell County } 55
on this 4 th day of December 1843 personally appeared
before the subscriber a justice of the peace for said County Eliz. Rachel Hatfield a resident of said County in the Eighty fourth year of her age and after being duly sworn according to law doth make the following declaration that she was well acquainted with Sly Smith, deceased and his wife Jane Smith at this time a resident of this County and being well acquainted and present when Sly Smith and Jane Danna was joined in wedlock by a Mr. Simson, Cook County, Esq. on the 8 th day of April 1783 then a fore said Rachel Hatfield further states that she well knows that the above named Sly Smith was in the service of the revolution- -tion any more five or six years after an some two or three years as an indian spy
Rachel Hatfield mark
Sworn to and subscribed on the day and year above written before me a justice of the peace for the County a fore said and I further certify the said Rachel Hatfield that full faith and credit may be given to her statements in witness whereof I have hereunto set my hand
Albin M. Donald Justice of the peace

State of Tennessee Campbell County. I William Gory Clerk of Campbell County Court do hereby certify that Allen Mc Donald whose name appears to the within affidavit is and was at the time of signing the same a justice of the peace in and for said County duly commissioned and qualified and that full faith and credit is and ought to be given to all his official acts as such and that the signature purporting to be his is genuine Witness my hand at office this seventh day of November 1843-
William Gory W.R.

Sir
Pen A Aug Sep. 2. 44
21
In the case of Jane Smith it is very apparent from the whole exhibits that her husband was not engaged in any organized military corps of the revo. war - What she the witness term "spying" affords no ground for a claim - and the allegation that he was in the same service after her marriage in Apr. 83 (when peace was proclaimed) is corroborative of the opinion that she has confounded the vigilance of settlers with the service of soldiers in an embodied corps in field or garrison - The only military force in Western Va was the militia who served in tours of 3 months under regular calls of the public authority - & there was no other service which is provided

for - Unless at least six months of - the service is duly made out & estab- lished as the rules required, there can be no claim to a pension - no reason has been offered for her hus- bands failure to assert his claim -
Jacob Newman 2. Sept. 1844
Jacob Newman Esq Knoxville Tenn:

Knoxville Tennessee Nov 20 th 1863
De Sin
In the claim of Mrs Smith I can get a half my undivided interest persons to testify to her presence and and that he was one of the best spys and workmen in the whole Western frontier. Yours with respect Isaac Newman
Owing to an injury that Col. Hart received in his right hand he was compelled to mark, his mark in witness for Mrs Smith
28

Joseph Dryan March 28 th 1853

234 Pension Office March 28 1833
Sir
No additional evidence, in the case of Jane Smith of Lew - Act July 4 1836 - ac- companies the Power of Attorney. Filed by you. There is no sort of proof with the original papers of her marriage, and none of ser- vice, which can be regarded of any use weight,
Miss Bryan (of Ala) Esq Present,

Letter to J. Newman 2. Sept 1846 Jos. Bryan Welch 28 1853
9757

9751
P. O. _____
Jane Smith
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
found on the list of 1862
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.