Revolutionary War Pension and Bounty Land Warrant Application File S. 7553, for Amos Smith, Massachusetts

SERVICE
NUMBER
Mass.
Smith, Amos
S. 7553
carded
CONTENTS
July 5, 1762, New Marlborough, Berkshire Co. Mass. store at cul. reside 1834 Whitesboro, Oneida Co. N.Y.

14359
65 New York
Almos Smith 1 st
Albany Co in the State of New York who was a private in the Company commanded by Captain Renick of the 2 nd reg t command at Allenton in the Chap ? an for 11 mos
Supp d
Subscribed on the Roll of New York the rate of 3 6 Dollars 66 Cents per annum to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 21 day of May 1833 and sent to J. C. Baker Ballston
arrears to the 4 th of March 1833 $73.32 semi-annual allowance ending 4 th Sept — 18.33
$91.65
{ Revolutionary Claim, Act June 7, 1832: }
Recorded by W. L. Williams, Clerk Book Vol. 4 Page 77

Letts to John Fleming Sept. 15. 1834
" " Purvis Octob 14 "
" " Simon Smith Oct
" " J. E. Barker Esq. 2. Nov. 1835
" " David Moulton February 11 th 1836 A. C. Gray, Jan. 27. 1857
Dale Grant Norton as

diver testimony affidavit
A Smith
18/65
4

Declaration in order to obtain the Benefit of the Act of Congress passed June 7 1832
State of New York } On this tenth  eleventh day of Septem- Meida County } ber 1832 personally appeared in open Court before the Judges of the Court of Com- mon Pleas in & for the said County, nowat- ing Amos Smith a resident of the Town of Whitestown in the County of Meida and State of New York aged seventy 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 act of Congress passed June 7 1832
That he entered the service of the United States under the following named officers and served as herein stated
That he was born at New Marlborough in the County of Berkshire in the state of Mass- achusetts on the 5 th day of July 1762, that he has no record of his age except a family record which he himself made but he sup- poses there is a record of his birth in New- Marlborough aforesaid. That all times when he entered the service as herein after stated he resided at New Marlborough aforesaid. That he continued to reside there until the month of February 1789 when he removed to the then town of Whitestown in the County of Meida aforesaid but that part of the town of Whitestown where he removed to was subsequently formed into a town by the name of Westmoreland that he continued to reside in Westmoreland until about twelve years since when he re- moved to the present town of Whitestown where

he has ever since & now resides.
That in June 1777 he was volunteered went as as a substitute for one Daniel Whiting of New Mark- -borough who he thinks had been drafted that he went from New Marlborough afterwards in the com- -pany commanded by Lieutenant Eli Harman he believes the adjutant sergeant was Adams Gason the other officers of said Company he does not recollect, there was no Captain, that he was in Colonel John Collier's Regiment that he does not recollect the other officers of the regiment that he was in General Fellows Brigade that they marched from New Marlborough to Fort Edward in the State of New York & staid there a while & then marched to Fort Anne & from there to Kingsbury & marched to different places that they were retreating before Burgoyne's army some time, that he believes he was at or near Kingsbury when he was discharged he believes the last part of the month of August & re- -turned to New Marlborough, that he was un- -der the command of General Schuyler when at Fort Edward, that he thinks Gen- -Nicholson Brigade was in the service at the same time, that according to his best recollec- -tion he was in the service at this time about two months that he received no written discharge.
That in the month of May or June 1779 & which month he can not state with certainty he which volunteered at New Marlborough afterwards in the term of nine months, & was marched from there to Great Barrington & there was mus- -tered & was marched from there to Springfield & was there first under the charge of a regular officer but his name he does not recollect.

that they marched from there to West Point & there joined the Continental Army, he believes in Captain Rindcke's company (but he can not be positive as to the Captain's name) the names of the Lieutenants & serjeants he can not recollect that they were in Colonel Brewer's regiment but he thinks Colonel Sprout afterwards commanded it. The other Officers of the regiment he can not recollect with certainty but he thinks Major Tupper belonged to the regiment, that they were in General Patterson's Brigade in the Massachusetts line, that Genl Washington head quarters were there at West Point a part of the time, he recollects seeing Genl Washington several times, that they staid at West Point until the first part of winter when they were marched to Fort Hill Barracks & there remained until he was discharged which he thinks was in February having been in the service at this time the full period of his enlistment. We nine months & returned to New Marlborough aforesaid, that Genl Arnold was there at West Point a part of the time, that he well knew Captain Luke Hitchcock who was a Captain in the Continental line who he believes belonged to the same regiment, that he also knew one Lieutenant Foot who was in the Continental line & who he thinks belonged to the same regiment. He can not remember whether he received a written discharge or not if he did he has lost it, he was in no battle.
That the whole time he was in actual service which was at a private soldier's was about eleven months.
That he has no documentary evidence of his services, that he knows of no person who can whose testimony he can procure who

Certificate to his service except Gen. Oliver Colts of New Hartford & Deacon Salmon Butler of Hirkland, County of Middle aforesaid who knows something of his ser- vices.
That the names of persons to whom he is known in his present neighborhood & who can testify to his character for veracity & their beliefs of his services as a soldier of the revolution are as follows viz. Reverend John Frost Pastor of the Presbyterian church at Whiteboro, Rev George Fote Pastor of the Presbyterian Church at New York Mills, Benjamin Walcott Esq. Manufacturer 10 Judge Coddham Maynard of New Hartford Ephraim Barnard Inn Keeper, Colonel Ambrose Loney Mechanic, Doctor Horton Pates, Physician
He 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
Sworn to and subscribed { the day & year aforesaid { J. B. Read Dep. Clerk
Amos Smith
We John Frost & George Fote a clergymen residing in the Town of Whiteboro & County of Middle aforesaid and Coddham Maynard, Farmer residing in the Town of New Hartford hereby certify that we are well acquainted with Captain Amos Smith of Whiteboro who

has subscribed and sworn to the above declaration that we believe him to be about seventy 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 { John Frost, Ghylyn and day and year aforesaid } Stephen Maynard J. B. Read Dep Clerk George Root
And the said Court do hereby declare this 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 Amos John Frost & George Root who have signed the preceding certificates are a clergyman, resi- dent in the Town of Whitesboro aforesaid and that Stephen Maynard who has also signed the preceding certificate is a resident in the Town of New Bedford and is a credible person and that their statement is entitled to credit By the Court C. Hayden, first pres.
I George Brown Clerk of the Court of Com- mons Pleas in & for the County of Middle do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Amos Smith to a pension. In testimony whereof I have hereunto set my hand and seal of office this Eleventh day of September A.D. 1832. Geo. Brown Clerk

State of New York } Oneida County }
ss - Salmon Butler of the Town of Herkland County & State of New York aforesaid being duly sworn says that he is of the age of seventy one years & resides in the Town of Herkland aforesaid, that he is well acquainted with Capt. Amos Smith of Whetstone County aforesaid the applicant for a pension named in the foregoing declaration which this deponent has heard read & knows the contents thereof, that this deponent was acquainted with the said Amos previous to the revolutionary war ever since they were boys, & has been well ac- quainted with the said Amos ever since that this deponent in the year 1777 was drafted at New Marlborough State of Massachusetts in the same Company with said Amos under Lieut. Harman, in Colonel John Babbitt's Regiment that in Gen. Fellows Brigade that he entered the service in the month of June & said Amos entered at the same time that they marched to Fort Edward -ward & the other places as said Amos states in his declaration, that he was discharged in August & this deponent can not tell the precise time he & the said Amos were in the service at this time but it was called a two months tour, that this de- ponent knows that it was said & reputed in the neighborhood that the said Amos was in the ser- -vice as a soldier at other times & although this deponent was not with the said Amos at any other time, yet from his recollection of what was said at the time in the neighborhood he has has no doubt he was in at the other time as stated by him in his declaration that the said Amos is now present at the time of this drawing & subscribing this affidavit
Sworn & subscribed this 2 nd day of October 1832 & I certify that the said Salmon Butler is well known to me to be a man of truth
Salmon Butler
Benjamin H. Chickering Justice of the Peace
Amos Smith's Pension Papers Whetstone Co. N.Y.
ho

State of New York } p Oliver H. Collins of the Town of County of Oneida } New Hartford County of Oneida in the state of New York aged sixty nine years being duly sworn deposes & saith that he was a soldier in the army of the revolution & now receives a pension from the United States under the act of the 15 May 1828 that he is well acquainted with Amos Smiths Esq. of Whites- town in said County & who resides within about two miles of him & has resided at the same place for about twelve years, that this deponent has resided in the Town of New Hartford which was formerly the part of Whitestown for upwards of forty four years, that the said Amos Smiths moved to the Town of Whitestown & within about five miles of this deponent about forty three years ago & there settled in a part of the Town which was subsequently inclu- ded in the Town of Westmoreland & is now the Town of Westmoreland in the County aforesaid, that the said Amos lived there from that time untill he moved to the town of Whitestown about twelve years since, that this deponent has been intimately acquainted with said Amos during that time, that this deponent first became ac- quainted with the said Amos Smiths at West Point in the state of New York in the month of June 1779, that the said Amos was then in the service of the United States as a private soldier, that this deponent & the said Amos was put into the same company, the name of the captain this deponent can not recollect nor is he positive whether there was any, but Lieutenant Pray commanded the company & in Colonel Brewers Regiment in General Pattersons Brigade, that it was the Massachusetts Line, the term of their enlistment being nine months, that this deponent continued in the same company & regiment with the said Amos for about the term of three months that this deponent then exited out of said company into the regular troops for & during the war in Colonel Grimes Regiment, that the said Amos was taken sick & this depo- nent was directed to take charge of him & did so for a a few days & untill the said Amos was removed to the hospital that this deponent did not see the said Amos after he was remo- ved to the hospital untill he removed to Westmoreland aforesaid about forty three years since, that this deponent

The said Amos remained at West Point during the time this deponent was in the same company with him. That this deponent had the command of the Post at Sackett's Harbor during the late war, being then a Brigadier General of the Militia which was in the year 1814 & was also there at Brownville in the service as Brigadier General in 1813. Oliver Collins date July 14 1832.
Before me George Balis one of the Justices of the peace of the Town of Whitestown in the County of Oneida in the state of New York this day personally appeared General Oliver Collins of New Hartford Oneida County above said with whom I have long been acquainted and who being by me duly sworn makes oath and saith that the facts set forth in the foregoing affidavit by him subscribed are true and I further certify that as to truth and veracity no man stands higher than General Collins and his good character is unquestionable
Geo Balis Justice Peace
State of New York } Clerk's Office
Oneida County ss. I George Brown Clerk of said County do hereby certify that Benjamin Hickcox Esq before whom he annexed affidavit of Salmon Butler purports to have been sworn and George Balis Esq before whom the foregoing affidavit of General Oliver Collins purports to have been sworn were respectively Justices of the peace in and for the said County of Oneida at the date of the same respectively duly authorized to act as such Justices & that I am acquainted with their hand writing & verily believe the signatures of Benjamin Hickcox & George Balis who subscribed the same to be their proper hand writing respectively.

Witness my hand & seal of office at the city of Utica this fifteenth day of October A.D. 1882 Geo. Thorne Clerk

State of New York County of Wayne
Josiah Smith of the town of Walworth in the county of Wayne
Being duly sworn deponeth and saith that he resides in the town of Walworth in the county aforesaid and State of New York that he is of the age of sixty eight years & is the brother of Amos Smith of Whitestown Oneida county & State aforesaid who has lately deceased a few days & who is present at the taking of this affidavit that he well recollects that when they both lived at their father's house at New Marlborough Berkshire County State of Massachusetts that his said brother Amos went from his said father's house in the summer of 1844 into the service of the United States as a private soldier as a substitute for one Josiah Whiting of New Marlborough aforesaid who he thinks had been drafted that he went from New Marlborough aforesaid as he understood from his brother Amos in the company commanded by Lieut. Eli Harrison & he understood that the orderly sergeant was Adam Casper the other officers of said company he does not recollect that he was in Col. John Collier's regiment & Gen. Fellows brigade & under the command of Gen. Schuyler when at Saratoga as this deponent understood from his brother Amos & others at that time & this deponent understood that they marched from New Marlborough to Fort Edward in the State of New York & staid there awhile & then marched to Fort Ann & from thence to Kingsbury & moved to different places as this deponent understands they were retreating at that time before Burgoyne and American Kingsbury when discharged & this deponent further saith that he thinks according to the best of his understanding that the said Amos returned the latter part of summer or some part of the fall to New Marlborough and that he was absent in the said service about two months according to the best of his recollection & this deponent well recollects that on his return from said service that he went with a horse & met his said brother Amos at or near Great

Boynnton and assisted his said brother Amos here and this deponent has no doubt at this time and had none at that time but what the said service wherein mentioned as stated which was then under by this deponent & his father's family and the Neighborhood generally & further saith not
Subscribed & sworn before me } This eighth day of November 1834 } & I certify that I am well acquainted with Jedediah Smith that his character for truth & veracity is good that I believe him to be of the age stated in said affidavit & that his statement is entitled to full credit }
Jedediah Smith
Jonathan Boynnton J. Pease
State of New York County of Wayne
I certify that Jonathan Boynnton Esq. whose signature appears to the above affidavit, was at the time the same purports to have been taken, a Justice of the peace in and for said County, duly qualified
Witness my hand & the Seal of said County, Nov 13 1834
D Chapman Clerk

18165
Amos Smith
Onida county New York
Debited 11 mo for
$36.66
The Soldier on the roll of the 12 th Reg t L Pension not the final individual - If the Pension Fund should be altered he would have been on the roll under the act of 1818
J. C. Baker Ballstown New York

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 subjunctive 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 Amos Smith, of Onondaga county, N. York
   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.     outstitute Josiah 1777 Whiting 2 private Lieut Harman Colonel Geller Fort Edward Berkshire 70 tradition   1779 9 Capt Denick Colonel Brainer Col Grosvenor Fort Ann Kingsbury Springfield West Point Fishkill Albany Witnesses both then of service  
I am, respectfully,
Your obedient servant,
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 A. B. Sworn to 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 (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 he 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.
J. H. Bradford

November 26, 1954
XXXXXXXXXXXX
Mrs. Herman L. Sweet 7 Avery Place Utica, New York
AMOS SMITH S. 7585 BA-J/MLB am
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Alexander Parkman who died April 4, 1888, in Westmoreland, New York, at the age of eighty-one, and Amos Smith, born in 1768, in New Marlboro, Massachusetts, lived also in Westmoreland or Whitestown, New York, and died in New York Mills, New York, in 1845.
Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon military service of soldiers in that war.
A careful search of the records fails to show such claims on file on account of the Revolutionary War service of Alexander Parkman. The record of Amos Smith was found and is given herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

November 26, 1934
XXXXXXXXXXXXXXXX
DA-3/ENL Amos Smith-S.7553
Mrs. Herma L. Sweet 7 Avery Place Utica, New York
Dear Madam:
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.7553, based upon the military service in that war of Amos Smith, the only soldier of that name who was pensioned while residing in Oneida County, New York.
Amos Smith was born July 5, 1762, in New Marlborough, Berkshire County, Massachusetts. The names of his parents are not shown.
While residing in said New Marlborough, he volunteered in June, 1777, and served two months as a private under Lieutenant Eli Hermon, Colonel John Collier's Massachusetts Regiment; he enlisted in May or June, 1779, served as a private in Captain Remick's Company, Colonels Brewer and Sprout's Massachusetts Regiment, and was discharged in February following.
In February, 1789, he moved to Whitestown (that part which was later Westmoreland), Oneida County, New York, where he resided until about 1820, when he moved from Westmoreland to the place which in 1832 was known as Whitestown, New York, of which latter place he was a resident when he was allowed pension on his application executed September 11, 1832.
It is not stated that soldier was ever married.
In 1834, soldier's brother, Jediah Smith, was aged sixty-eight years and resided in Wayne County, New York.
There are no further family data.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

Miss Florence M. Howes 15 Jewett Place Utica, New York
Amos Smith-S.7553
Dear Madam:
Reference is made to your letter in which you request the record of your great great great grandfather, Amos Smith, a soldier of the Revolutionary War, who is buried in Westmoreland, New York.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.7553, based upon the military service in that war of Amos Smith, the only soldier of that name who was pensioned while residing in Oneida County, New York.
Amos Smith was born July 5, 1762, in New Marlborough, Berkshire County, Massachusetts.
While residing in said New Marlborough, he volunteered in June, 1777, and served two months as a private under Lieutenant Eli Hermon, Colonel John Coller's Massachusetts Regiment; he enlisted in May or June, 1779, served as a private in Captain Remick's Company, Colonels Brewer and Sprout's Massachusetts Regiment, and was discharged in February following.
In February, 1789, he moved to Whitestown(that part which was later Westmoreland)Oneida County, New York, where he resided until about 1820, when he moved to Whitestown, New York. of which place he was a resident when he was allowed pension on his application executed
It is not stated that soldier was ever married. September 11, 1832.
In 1834, soldier's brother Jedediah Smith, was aged sixty-eight years and resided in Wayne County, New York.
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, Amos Smith(S.7553), you should address The Comptroller General, General Accounting Office, Records Division,
Found Roll in Mass Ats VOL 14 page 340 & 341 Found all officers called also spelled Callat. This is Capt Timothy Remick

this city, citing the following dates
Anna Smith, Certificate No. 14889, issued May 21, 1888, rate $25.00 per annum, commenced March 4, 1881, Act of June 7, 1882, New York Agency.
Very truly yours
A. D. MILLER Assistant to Administrator.

Mar: 27-57
Recd the pension of Annie Smith deceased.
The Estate
to Health Dept. Home of Annie Smith 29-25

City of Victoria March 25 1887
Sir
I have been requested by the heirs of the late Amos Smith - deceased to ask information respecting the Pension of Mr Smith - They state that he was a pensioner under the Act of June 7 th 1832 - that he drew two or three payments of his pension - and that for some cause his pension was then discontinued - and that during the last ten years of his life he was deprived of his pension -
The heirs of Mr Smith - will return it - a favor Sir if you will inform them of the cause of the detention of the Pension due him -
I am Sir Respectfully Your obed Servt Aubrey Greville
James E Meath Esq o Court of Pensions City of Washington D - C -

Reuben
7553 INVALID.
184 Jan 30 - Had to pay forance M. Henson - 8.00 184 Nov 26 - Joint with John Leeman L. Rerut. Ex
No. 7553
Anna Smith
Priv. Rev. War
Act: June 7 th 1832
Index: Vol. 103 , Page 347
[Arrangement of 1870.]

Utica N.Y. - May 15, 1934
Veteran's Administration Pensions - Revolution -
Dear Sir -
Please send me the record - if any - of pensions issued to Alexander Packman - Lieut -
Born -
Died - Westmoreland N.Y. 4 Apr. 1828 age 81
4 of these ✓ Amos Smith - Capt -
Born - New Marlboro Mass 1762
Died - New York Mills, N.Y. 1843 (lived also in Westmoreland or Whitestown - N.Y.)
Very Truly yours
Mrs. Herman L. Sweet
7 Avery Pl.
Utica
N.Y.

15 Jewett Place, Utica, N.Y. January 19, 1934
Pension Bureau Washington, D.C.
4 Gentlemen:
I would like to enquire if you have the War Record of Amos Smith , who fought in the Revolutionary War. He is buried in the Westmoreland Cemetery, Westmoreland, N.Y. and the Oneida Chapter - D.A.R.'s is placing a marker on his grave this Spring.
I am a great, great, great granddaughter of his and would appreciate having his record.
If there is a charge for this, I would appreciate it if you would give me the charges.
Thanking you in advance for the information,
Very truly yours,
Florence M. Howes
Miss Florence M. Howes.
Oneida FMH:MHD
Stamp encl.

What connection the Certificate requires I do not know. I see no dis- agreement between the origi- nal papers, the certificate, & the roll over here. Perhaps there is something in the peculiar marks upon the papers, which  the  marks Percy (which I don't know) which you will un- derstand better than I can.
Sept. 27. '34.
R. B.

Whitestown Oneida County N.Y.
22 d Sept. 1834
Sir Enclosed I send you my Pension Certificate according to your request of the 15 th inst in order for Collection You will please order my Certificate from the U.S. Br Bank of New York to some Bank of Utica as I reside within about three miles of Utica it will be much more convenient for me to draw my money than
Yours very Respectfully
J. L. Edwards Corner of Pines } Amos Smith

Sept 10.
Miss Amos Smith
Free
Miss E. Edwards Com. of Pensions Washington

Whitestown Sept. 5. 1835
J. L. Edwards Com. of Pensions.
affid in case of Amos Smith who has heretofore had a pension but which has been suspended & the certificate returned to the Department. I suppose that these affid remove the defects in the original proof & entitle him to a new certificate
Respectfully Yourn obt. serv,
J. C. Baker By Coomstock Clk
Address " J. C. Baker Whitestown N. Y.

Jan 26. 1842.
N.Y.
James Smith Oneida Co. on roll
Friendship in name of the Lord Amen
Washington City
10

January 20 - 1842
Dr Sir
after an interview with J. C. Boker Esq., who has here to fore done the business of Amos Smith for years in the patent office, I am satisfied that we examined the wrong papers, as the papers examined by us had reference to Amos Smith of Canada, the Smith I desired to obtain information about is Amos Smith of New York in Onondaga County and has been a resident of that county 40 years, I trust therefore that on further examination you will find the papers of an other Amos Smith than the one we examined, will you have the kindness to cause the necessary examination to be made & state the reasons why Amos Smith of Onondaga County is not entitled to his patent.
Direct to Floyd S Onondaga Co
Yours Truly David McLellan

Amos Smith
Payments to be made at New York by Credit: U.S. Br. Bank Agent for paying Pension- ers, in the Agency of New York
Served in Capt. William L. Brown Company of Artillery in Col. 1 st Regiment
Resided in Watertown 13 yrs. March 1833
Recorded in the Pension Of- fice, in Book E V ol. 4 Page 77 by W. L. Williams Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Almos Smith of the State of New York who was a Private in the war of the Revolution ,
is entitled to receive Thirty Six dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United
States, this 21 day of
May one thousand eight hundred and thirty- Three
Lee
Secretary of War.
Examined and } Countersigned. }
J. Edwards
Commissioner of Pensions.