Revolutionary War Pension and Bounty Land Warrant Application File S. 19466, for Augustine Smith, Virginia

SERVICE
NUMBER
Va
Smith, Augustine
8.19466
carded
CONTENTS
b. in Westmoreland Co. Va. d. in Nelson Co. Va. Dec. 1, 1832, aged 80 yrs res. at sub. Lynchburg Co. Va.

V. 24. Jan 15: 1835
Augustine Smith Resided in the State of Va He was a Pr. in the ————— commanded by Captain ————— of the Rgt ————— commanded by Col. Taylor in the Va for 2 years [Died Dec. 1. 1832. Cert. ip o in favor of Mary Smith, Executrix Aug. 3. 1835.] cut sent to J. B. Spence Petersburg Va.
Inscribed on the Roll of Virginia at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Ap. 34 and Luke Spotswood Garland. Lovington C.H. Va
Arrears to the 4th of Mar '34 240 — Semi-ant. allowance ending Sept. 1 — 40 — $280. —
{ Revolutionary Claim, } { Act June 7, 1832. } Recorded by Nath. Rice — Clerk, book C Vol. 6 Page 33

Augustine Smith
Pa
No. 30.594
Adm l as a purch- Dyer p 80
Spotswood Gardens Livingston Ct Pa

State of Virginia, In the county of Nelson -
On this first day of November 1832, personally appeared before me Littleton Henry N. Ellison - (Oath of Office and qualification of the peace for the said county of Nelson,) Augustine Smith, a resident of the county of Nelson in the county of Nelson, and State of Virginia, 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 th 1832 - That he enlisted the service of the United States under the fol- lowing named officers, and served as herein stated - to wit That he enlisted for two years in the Seventh Regiment under Captain Samuel Cabell, at Amherst court house, in Amherst county Va. he thinks it was on a court day; that he remained there a short time, and then Marched to Williamsburg Va. under said Cabell, but he does not recollect the other officers names, but thinks the lieutenant was named Benjamin Toliver, and the ensign, James Barnett: he remained at Williamsburg some consider- able time and was promoted to a sergeant; and then came from Williamsburg up to Amherst court house again, on the recruiting service, and remained at said court house several weeks, or perhaps longer, during which he enlisted four men, - of the following names, to wit, Aus- tin Smith, James Weeks, Isaiah Jones, and David Barnett, and then marched with them to Williamsburg. Some time after he returned there; a part of the troops were ordered to a place, called Sandy Point; to guard some flour and provisions which were there; he was one who marched with them, but he don't recollect who commanded, but remembers that Capt. Samuel Cabell, and Capt. Hopkins, and lieutenant Williams were there - That he and the troops sent from

Williamsburg, arrived at Sandy point about dusk and found some other troops there, and recollects that he pass'd by a centinell: and was hailed by him; — next morning two british tenders made their appearance, and a sergeant was sent down to hail them; they fired a swivel at him, and he run back to camp; the tenders immediately came up, and fired on the troops with grape shot, and cannon ball. — One of the cannon balls struck near the spring, where, said Smith was standing and tore up the ground, and cast a great deal of dirt upon him. The british continued firing during a considerable part of the day, and late in the evening they succeeded in taking the flour &c from our troops. During the engagement some militia men came in from the adjacent country, and were in the engagement; and one of them got his arm broke by a grape shot, whilst standing by a tree, but he don't remember his name, neither does he remember whe the any of the rest of the troops were injured or not; nor can he remember the officer who commanded, but recollects that Capt. Cabell, and Atkinson were there, as aforesaid. — After our men retreated from Sandy point, he, with the rest of them, were then marched back to Williamsburg, and afterwards in various directions in the lower parts of Virginia, and back to Williamsburg, he thinks Col. Taylor, was at Williamsburg, but can't recollect whe the he commanded or not — Some time after the engagement the engagement, some wagons were engaged in halting provisions from Richmond; there was a negro wagoner who took sick, and said Smith drove the wagon in his place; after he recovered, he drove another trip to Richmond, and Smith went with him, for another load of flour; on their return he was in the wagon, and the negro was driving, and through his carelessness in driving the wagon turned over, and some of the barrels of flour fell upon Smith.

and washed, and bruised him very much, and broke his back; he was then carried on a horse, assisted by a man named Harris, about a mile, to the house of a man named Capt. Bowers, who lived in a fine house near the road, and who was a kind of a doctor, and attended him; he remained there he thinks, about twenty days, unable to walk, and recollects (among others) a neighbor man coming to see him named Corbin who owned a great many slaves, - after became a little better, he was carried to Williamsburg, by some person, whom - whom he does not recollect, where he remained some time, a month or two, or perhaps longer; and not being able for service in consequence of being so badly crippled, he was permitted by his commander to come home on a furlough, to stay until he recovered. Soon after he started home, he was met by his brother John Smith, and a man named Joel Thompson, (who are now both dead) and they aided him in returning home, he recollects he purchased a parcel of cotton and put it into a bag to ride on, and returned home until several years after the two years expired, for which he was enlisted, he does not recollect what he done with his said furlough, nor does he know what has become of it - he thinks Col. Taylor was at Williamsburg, and he knew a lieutenant Williams there who was charged with the breaking open a trunk belonging to some other officer, and stealing from him a sum of money, for which he was broke of his commission, and sentenced to run the gantlett, he thinks he was probably a militia officer - he does not recollect the date when he enlisted as aforesaid, nor has he any papers to show - but he knows he returned home on furlough as above stated, but a short time, before the said two years before the said two years expired, tho. he cannot remember how long - he don't know his age, but supposes it to be about eighty years, - his parents

in their lifetime, told him, that he was born in the  the  said  said  county  county and that they removed with him to the said county of Amherst  Amherst , where he was a small boy. He has no recollection of his age; since the revolutionary war, has resided, (the whole time) in Nelson County  County for nearly a part of the said county of Amherst  Amherst . That he never received any discharge from the army, more than the furlough before mentioned. That he has been confined to his bed by rheumatism for the last fourteen years, and has never been out of his house for some thing like the last ten years. When he enlisted  When he enlisted he resided in the said county of Amherst  Amherst . He, the said Augustine Smith, hereby relinquishes every claim, what so ever, 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 he further declares, that he cannot recollect the first time (precisely) he served as a soldier, but he knows he enlisted under Capt. Saml. Cabell, and served in the war of the revolution, — between the united states and
Great Britain, as aforesaid; and that he never received from the said him  him he received, until after the war had ended, — and he also declares, that he enlisted in, and served in the seventh regiment, but cannot recollect the name of the Colonel who commanded said regiment. In witness whereof he hereunto sets  sets his hand &c —
Augustine Smith
Nelson county va. 8c — This day Augustine Smith personally appeared before me a Justice of the Peace for the county aforesaid, and subscribed and swore to the foregoing declaration — given under my hand this first day of November 1832
Littlebury N Sigourney J.P.
I Sarah Lowe of Nelson county va. being called upon to state what I know respecting the services of Augustine Smith (who subscribed to the foregoing declaration) as a soldier of the revolution, do hereby certify that I recollect the time, when he enlisted, and left the county of

Amherst va - to go to the army, - I also recollect when he returned to said county for the purpose of enlisting men, - and I also recollect when he returned home from the army badly crippled, I think John Smith a local Shropshire man with him - and it was several years after said before he recovered - go with my hand this 1 st Nov. 1832
Sarah Love with
Subscribed and sworn to before me in due form a I sister of the peer for the county of Nelson and State of Virginia - in due form this 1 st day of Nov. 1832
Littleberry N Ligon
I, Joseph Fox of Nelson county Virginia, being called upon to state what I know respecting the revolutionary service of Augustine Smith (who has subscribed and sworn to the foregoing decla- ration) do hereby certify that I recollect the time when said Augustine Smith enlisted in the army of the revolution, I was not present when he enlisted, but I was born and raised within a mile and a half of where he then resided and when he has continued to reside since, and I recollect the time when he returned home from Amherst west here and said that he had enlisted and it was so understood by the whole neighborhood; I also recollect the time when said Augustine Smith marched from the county to join the army at Richmond or Williamsburg. And I also remember when he returned home from the army badly crippled, appeared to be - his back was broke as he stated, but I did not examine it particularly myself - he was confined to his bed and it was several years after his return home, before he recovered; - I cannot now recollect how long he remained in the army, but he was gone some considerable time - I was not old enough at that time to be put upon the muster roll myself I was then between fourteen and eighteen years of age and I will be sixty seven years of age on the fifth day of next April - I have been acquainted with the said Augustine Smith ever since I can remember and I consider him a man of honesty and truth & that is his general character - the said Augustine

Smith has been confined to his bed by rheumatism for something like the last thirteen or fourteen years, and last night, and deem it proper to state that he departed this life on the first day of this month, and that I am not interested in any way whatever, in his estate - as witness my hand this 21 st day of December 1832 -
Joseph his Fox mark
Sworn & subscribed to before me a justice of the peace for the county of Nelson & State of Virginia in due form & I also certify that Joseph Fox and Sarah Low are credible persons. Given from under my hand this 21 st Dec r . 1832.
Littleberry N. Ligon
And I the said Littleberry N. Ligon a justice of the peace in & for the county of Nelson & State of Virginia do hereby declare my opinion, that the aforesaid Augustus Smith, was a revolutionary soldier & served as he states. I also certify that the said Augustus Smith, when he subscribed & sworn to the foregoing declaration was confined to his bed by infirmity - & as I have understood had been so for several years & that his residence from the court house of Nelson County is something like eighteen or twenty miles & the residence of Joseph Fox & Sarah Low about the same distance. Given under my hand this the 21 st Dec r . 1832.
Littleberry N. Ligon

the Peace in (and for said County, duly Commissioned and qualified; and his Commission was dated on the 20th day of July, 1820, and will continue during good behaviour, and that his signatures above written are genuine.
Given under my hand and the seal of said County, this 20th. day of March, 1834.
Sp. Garland, Clk
P
SP

Virginia:
At a Court held for Nelson County, at the Courthouse, on the 24th day of March, 1835.
On the motion of Mary Smith, It is ordered to be certified to the War Department at Washington City, and to the Agent of the United States for paying Pensions at Richmond, State of Virginia, that it satisfactorily appears to the Court, that Augustine Smith, late of this County, departed this life on the first day of December, 1832, having previously thereto made and published a last Will and Testament, in which he appointed the said Mary his sole Executrix, which said last Will and Testament hath been and is only recorded in the County Court of this County, and the said Mary hath duly qualified to, and taken upon herself the execution of the said Will, a copy of which for greater certainty, marked A, is hereto annexed. That it also appears to the Court, that previously to the death of the said Augustine Smith, he had declared for a pension, under the Act of Congress of the 7th June, 1832, and had transmitted his Declaration to the Pension Office in Washington City, which application was undecided until the 21st. of April, 1834, when it was allowed. That it also also appears to the Court, that the said Augustine Smith died leaving neither wife, nor child, or children surviving him, and that he never was a married man.
Exhibit "A", referred to in the foregoing Order:
"In the name of God Amen - I Augustine Smith, of Nelson County, and State of Virginia, being weak of body, but of sound and disposing mind, memory and understanding; considering the certainty of death, and the uncertainty of the time thereof; and being desirous to settle all my worldly affairs before it shall please God to call me hence, do make and publish this my last Will and Testament, in manner and form following. That is to say -
First, and principally, I commit my soul into the hands of Almighty God, who gave it, and my body to the earth, to be decently buried by my Executrix hereinafter named. And as to such worldly Estate as I own and possess, the same I do devise and dispose of as follows - My will and desires, that all my just debts be paid -
Item 1st. I give and devise unto my sister Mary Smith, all my personal estate of every description to her and her heirs forever.
Item 2nd. I give and bequeath unto my said sister Mary Smith, all the land which I own, or may die possessed of, on this special trust and condition, that the said lands, or any part thereof, shall not be sold during the natural life, or the life, or lives of my sisters Sally Dowe or Judith Smith, or either of them - but it is my will and intention and I particularly devise that my said two sisters Sally

Sarah and Judith Smith, shall have and enjoy an equal share of the profits and comforts of said tract of lands, with my sister Mary, during their lives, and have possession of the same during their lives, - in case they shall survive her, and in the event of only one of them surviving her, then that one to enjoy it during her life - and at the death of all my said sisters, then the said lands before mentioned, to belong to the person or persons, to whom my said sister Mary Smith may devise or convey the same - it being my will and intention, and I hereby devise my said tract of lands to my said sister Mary Smith, to her and her heirs forever - but the said devise to be subject to the interest of my other two sisters Sally and Judith, herein before mentioned; my will and desire is that no one shall interrupt them in the possession of the said lands with their sister Mary Smith - and I also particularly devise and direct, that William Dowd with whom my sister Sally intermarried, and who has long been absent shall have no benefit of, or control over any interest in said land by virtue of any devise herein to my said sister Sally. - And lastly I hereby nominate, constitute and appoint my said sister Mary Smith executrix of this, my last Will and Testament. In witness whereof, I have hereunto set my hand & seal this twenty sixth day of February, in the year of our Lord, one thousand, eight hundred and thirty.
Augustine his Smith (Seal) mark
Witnesses.
John B. Spence
John Rudisill
Richard Fox.
At a Court held for the County of Nelson, the 24th day of December, 1832.
The last Will and Testament of Augustine Smith deceased, was presented in Court, and proved by the oath of John B. Spence, a subscribing witness thereto, and ordered to lie for further proof. And at a Court held for the County aforesaid, on the 25th day of February, 1833, the said Will was further proved by the oath of John Rudisill another subscribing Witness thereto, and ordered to be recorded. And at a Court held for the said County, on the 26th day of August, 1833. On the motion of Mary Smith, the Executrix named in the last Will and Testament of Augustine Smith deceased, who personally appeared in Court, and made oath, and, together with John B. Spence her security, entered into and acknowledged a bond in the penalty of Two hundred dollars, with the condition required by law, certificate is granted her for obtaining probate of the said Will in due form.
True copies from the records of the said Court.
In testimony whereof, J. Spotswood Garland, Clerk of the said Court, do here to sign my name and affix the Seal

of the said Court, this 26th day of May, 1835, and in the 59th year of the Commonwealth.
Sp: Harland, Clerk.
State of Virginia, } Nelson County, } ss.
Be it known, that before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Mary Smith, and made oath in due form of law, that she is the sole and acting Executrix of Augustine Smith deceased, and that the said Augustine was the identical person named in an original certificate in her possession, of which, (I certify) the following is a true copy:
"War Department. Revolutionary Claim."
I certify that, in conformity with the law of the United States of the 7th June, 1832, Augustine Smith of the State of Virginia, who was a private in the War of the Revolution is entitled to receive Eighty dollars per annum, during his natural life, commencing on the 4th March, 1831, and payable semi-annually, on the 4th of March, and 4th of September in every year.
G. G. D. Given at the War Office of the United States this 21st. day of April, one thousand eight hundred and thirty four
Examined and } Countersigned. }
Geo W. Clegg Secretary of War."
J. B. Edwards.
Commissioner of Pensions."
That the said Augustine Smith resided in the County of Nelson aforesaid at the date of his death, which event took place on the 1st. day of December, 1832.
Sworn and subscribed this 27 th day of May - 1835, before me. }
Mary Smith mark
John Dugger J. B. }
State of Virginia, } County of Nelson } ss.
May - the 27 th , 1835.
I John Dugger a Magistrate in the County above named, do hereby certify, that I have the most satisfactory evidence, that is my own personal knowledge, that Mary Smith who this day appeared before me, to take the oath of identity, is the identical Mary Smith who is the sole and acting Executrix of Augustine Smith deceased who was a Revolutionary Pensioner of the United States, and the person named in the Pension certificate which she has exhibited before me, numbered 23,911, and bearing date at the War Office, the 21st. day of April 1834, and signed.

by Delegates Secretary at War. Given under my hand in the County aforesaid, on the day and year above written. The words "that Mary Smith" interlined before signed.
John Higgs I.B.
Know all men by these presents, that I Mary Smith, sole and acting Executrix of Augustine Smith dec d , who was a Revolutionary Pensioner of the United States, do hereby constitute and appoint John Thompson Jr. my true and lawful attorney, for me, and in my name to receive from the Agent of the United States for paying Pensions in Richmond, State of Virginia, the arrearage of a Pension due to me in right of my Testator, the said Augustine Smith dec d , from the 4th day of March, 1831, to the 1st. day of December, 1832. Witness my hand and seal this 27 th day of May — 1835.
Sealed and delivered in the presence of } John B. Spiece }
Mary her Smith mark 
State of Virginia } Nelson County } S.S.
Be it known, that on the 27 th day of May — 1835, before the subscriber, a Justice of the Peace in and for said County, personally appeared Mary Smith, sole and acting Executrix of Augustine Smith dec d , and acknowledged the foregoing Power of Attorney to John Thompson Jr. to be her act and deed. In testimony whereof, I have hereunto set my hand the day and year last above mentioned.
John Higgs I.B.
State of Virginia } Nelson County } Set:
I, Spotswood Garland, Clerk of the County Court, of the County and State aforesaid, do hereby certify, that John Higgs is a Justice of the Peace in and for said County, duly commissioned and qualified, that his Commission was dated on the 21 st day of June 1808, and will continue during good behaviour, and that his signatures above written, are genuine.
Given under my hand, and the seal of said County, this 27 th day of May 1835. Sp: Garland, clerk!

Rev War 19.466 INVALID.
File No. 19.466
Augustine Smith
Rev War
Act: June 7 th 82
Index:—Vol. 2 , Page 379
[Arrangement of 1870.]

Aug 3 rd
August 3rd John G.
10 11
J. L. Edwards
FREE
Commissioner of Pensions Washington City
mass
3

Nelson Court House 27 July 1835
Sir,
I applied on behalf of Mary Smith Executrix of Elizabeth Smith (for the pension due to her on the enclosed Certificate) to the agent in Richmond, who declined to pay and made an longer assignment. Having the difficulty by the death of Smith before the conversion of the certificate — The agent showed me your reply, which directed that the certificate should be handed back to you in order that a new one might issue — I therefore enclose you the certificate and the proper proof of Mary Smith being the Executrix, that the deceased left no wife, child or children. Be pleased to forward to John B Spence Broadsville Albemarle the proper certificate for Mary Smith, Mr Spence being her neighbour and the gentleman who attended to the care for her estate in his life time.
Respectfully yours
J. L. Edwards
Env of Pensions.
John Thompson Jr

New Cert. if? 3 rd Aug 1835. is the Name of Mary Smith, executrix - for Aunt due to 1 st Dec. 1832, the day of the Purs's death.
Pen Cert. sent to Jn O B. Speece Brooksville Albemarle Co. Va.
23. 911

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Augustine Smith of the State of Virginia ————— who was a Private in the War of the Revolution
is entitled to receive — Eighty — dollars and ————— 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 April one thousand eight hundred and thirty- Four .
Examined and } Countersigned. }
J L Edwards
Commissioner of Pensions.

Office Bank United States, Richmond 10. June 1835..
Sir,
Application has just been made on behalf of the Executrix of Augustine Smith, a pensioner under the act of the 7 June 1832, for arrears of pension due to him at the time of his death. Altho' the papers are not altogether in the usual form, yet they contain all the facts and circumstances, duly authenticated, which are required in such cases. I feel some difficulty about it however, as it appears the pensioner died on the 1 st December 1832, and yet the pensioner Certificate is dated upwards of sixteen months after, and issued in his own name, altho' the Ex r was duly qualified sometime before the date of the Certificate. I may add, that more than twelve months have elapsed since the certificate was issued, before any application for the arrears has been made.
Upon

Upon the whole, I have thought it best to submit the case to you, for your opinion on it. I shall be glad of your attention to it, as soon as your convenience will permit, as the attorney will again be in Richmond in the course of six or eight days.
I am, very respectfully,
Your obedient servant
J. Robertson Cash
J. L. Edwards Esq.
Comr of Pensions