Revolutionary War Pension and Bounty Land Warrant Application File W. 1093, for Elisha Smith, Massachusetts

SERVICE
NUMBER
Mass.
Smith Elisha
Mr. 1093
Margaret
B.L.Wt 26223-160-55
CONTENTS
born in Boston Mass. Feb. 15-1759
res at sub. Ashfield, Hampshire Co. Mass.
died at Pompey Oneida Co. N.Y. Aug. 8, 1837

Wisconsin 2649
New York
Margaret Smith, widow of Elisha Smith
who served in the Revolutionary
war, as a private
Inscribed on the Roll at the rate of 40 Dollars 00
Cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued the 25th day of October, 1853, and sent to
Chester Babcock McGrawville N.Y.
Recorded on Roll of Pensioners under act February 3, 1853. Page 85, Vol. a
1855 Ap. 7. Joel C. Ketchum Transferred from Albany to Wisconsin from 4. Sept. 1854.

14879 New York
Elisha Smith
of Ellsburgh in the State of New York who was a Private in the Company commanded by Captain _____ of the Regt. commanded by Col. Mosely in the Massachusetts line for 12 months
Inscribed on the Roll of New York at the rate of 40 Dollars — Cents per annum. commence on the 14th day of March, 1831.
Certificate of Pension issued the 25 day of July 1833 and sent J.C. Shittenden, Adams, N.Y.
Arrears to the 14th of Mar '33 — $ 80. Semest. allowance ending 4 Sep '33 20. $ 100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Ino Cromwell Clerk, Book E Vol. 4 Page 78

Act. of. L. Ketchum, Aug 29/55
Wicon
July 53- no 2649
Vol 11. page 155.
41810 } Act March 5/55 } April 6/55
Margaret A. Smith wid Elisha Smith Jr
Ms 2223 1/2
Revolutionary War
July 53-2649
Ms 16000 May 16/55 B.O. [signature] M [signature]
A. C. Ketchum Portage City Wis

Elisha Smith
Pension papers
12.020
12
admed
12 mo. pri
40 3/4
+ on p. 41

State of New York, County of Jefferson. On this 11 th day of September in the year eighteen hundred & thirty two personally appeared before the Judges of the Court of Common Pleas in & for the County aforesaid, now sitting Eliske Smith now a resident of the Town of Alburgh in the County of Jefferson State of New York aged Seventy three 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 th 1832. — That he entered the service of the United States under the following officers, & served as herein stated, viz. In the month of August in the year 1776 he was residing in the Town of Ushula County of Hampshire State of Massachusetts at which place he was drafted in the Mass Militia to serve for two months, in the Company of Capt. McCollan, in the regiment of Col. Mosley & brigaded of Genl. Lincoln the other officers forsook us. — They immediately proceeded via Guilford & Long Island to New York City for the purpose of opposing the British. Then landing there, but as the British had got possession of the city. They went no farther than Kingsbridge on the North river, where they met the American army under Genl. Washington & Putnam on the retreat. — From Kingsbridge they went to White Plains & made a stand. The army was divided into two parts. One on the East hill, the other on the West hill. After remaining a few days there, a battle was fought by the detachment on the W. hill & the British retreated. He was on the East hill, & don't remember any particulars of the battle except that one officer whom he knew, a Col. Brooks was engaged in it. He remained there till some time in

Oct. when his term of service 3 Mos. having expired, he was discharged & went home. In January or February following, he enlisted at Ashfield aforesaid in the Mass. line, or to make out what was called the Mass. quota, for 3 months in the Company of Capt. Phillips. & whether his company was attached to any regiment or if so, who the officers were he has forgotten - He went to a block house, at the outlet of Lake George, where Stationed there alone, for the purpose of keeping guard & transporting boards, from a mill there to Ticonderoga where the Northern army was Stationed through the winter, he thinks under Genl. Schuyler. He remained until his term of enlistment 3 Mos. expired, when he returned home to Ashfield. After being at home a few days only he again enlisted, thinks near the V. of time it was as above, in the company of Capt. Childs Lieut. Bryant in the regiment of Col. Wells Majr. Montague, & returned directly to Ticonderoga, where the Ar. army continued under the Command of Genl. Schuyler St. Clair he thinks.
They with some more of the army were Stationed at a place called Ft. Independence, about 1/2 mile from the main army - Sometime in July, or a short time before his term expired, the British army under Burgoyne, approached Ticonderoga, which the American army abandoned after a little skirmishing, & retreated down the North river. Soon after this his term expired & he was discharged & returned home. In the latter part of August or the fore part of Sept. following, he again enlisted, as above, for 3 months in the company of Capt. Harvey, Regiment of Col. Wells, aforesaid & Majr. Whitmore, a Brigade of Genl. Lincoln's Ar. (mentioned). They proceeded to Pawlet, Vt. a place of rendezvous, & remained there 1 or 2 weeks,

From thence a part went to Whitehall & the rest to a place called the manors, about half way between Whitehall & Ticonderoga - he went with the party to Whitehall. While there a party went out & took a quantity of stores belonging to Burgoyne. Some prisoners at a landing place on Lake George. After staying there 2 or 3 weeks, they went to Stillwater, & joined the main army under Genl. Gates & Arnold a few days before the last battle between the armies, which was at a place called Bemis heights, in which he was slightly wounded. All the regiments of Genl. Lincoln's brigade except Col. Wells were in the heat of the battle, & his regiment was in the field all the while, but was not so much engaged as the rest. After the battle in which Burgoyne was defeated, the American army pursued the enemy until Burgoyne surrendered, which was about the middle of Oct. he thinks. - After the surrender, he, with most of the army, went down the M. river to White Plains & joined the army under Washington. He remained there but a few weeks, when his term of service, I mean having expired he was discharged & went home. Some time in the fall of 1778, when the Indians were committing depredations on the Mohawk, he again enlisted as above, for 9 months in the company of Capt. Rice, & Lieut. Bosiat Johnson. The field officers he has forgotten, as they marched by companies to Albany N.Y. & were near formed into a regiment as the Indians had been dispersed, & his company was discharged after having been in service one month. - All of which times make one year which time he was in actual service -

It cannot specify any continental regiments or companies with which he served. nor does he remember the names of the regular officers any further than as above. He never had any written discharge. nor does he know of any person living who can testify to his service. He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State.
Elisha Smith
I do hereby subscribe the any year aforesaid P. Burshard Clerk
We Martin E. Cook
residing in the town of Ellsworth in the county aforesaid & Calvin Clark residing in the same place hereby certify that we are & long have been well acquainted with Elisha Smith who has subscribed & sworn to the above declaration. that we believe him to be seventy three years of age that he is reputed & believed in the neighborhood where he resides to have been a soldier of a revolution. & that we concur in that opinion that the said applicant's declaration is entitled to full credence.
I do hereby subscribe the any year aforesaid
P. Burshard Clerk
Martin E. Cook
Calvin Clark
And the said court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department

that the above named applicant was a revolutionary soldier & served as he states. And the court that it appears to them that Martin G. Cook who has signed the preceding certificate is a blaggard resident in Ellistown aforesaid & that Calvin Black who has also signed the same is a resident in the same town & is a credible person & that their statement is entitled to credit.
I Phebe Burchard Clerk of the Court of Common Pleas in & for the County of Jefferson aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elisha Smith for a pension in testimony whereof I have hereunto set my hand & seal of my Office this 11. day of September One thousand eight hundred & thirty two.
P. Burchard Clerk

State of New York Schoharie County
On this 10 th day of April 1803. personally appeared before me, the undersigned, a Judge of the Court of Common Pleas in & for the County of Schoharie, Elisha Smith of the town of Allshuille in said county & who is known to me to be the person named in the annexed petition, who being duly sworn, deposes & saith, that he was born in the town of Boston in the Commonwealth of Massachusetts on the fifteenth day of February 1759 as he has been informed by his parents & truly believes to be true. That the only record which he has of his age is his own family record, which he commenced making soon after his marriage & when he was in his 22 nd year & which he has made additions to of his children, as they have been born & received since. That record is not in any book, but is a paper by itself & it contains the his age in the words & figures following to wit: "Elisha Smith was born February 15. 1759" - & was made from the information of his age, received from his parents -
Elisha Smith
Sworn to & subscribed this day & year aforesaid -
Benjamin Wright one of the Judges of Schoharie Co. Courts (council)

I Peleg Burchard Clerk of the County of Jefferson do hereby certify that Benjamin Wright Esq before whom the within affidavit was taken and whose name is subscribed thereto was on the day of the date of the same a Judge of the court of Common Pleas in said County of Jefferson and duly authorized by law to take affidavits; and I do further certify that I am acquainted with the hand writing of the said Ben- jamin Wright, and truely believe the signature to the said affidavit to be his own proper hand writing.
In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said County this 15 day of April 1833- P. Burchard Clerk.

Application of Margaret Smith for Bounty Voucher
No 41810
M. Kelchner Agt Portage City Wisconsin

State of Wisconsin } County of Columbia } ss
On this 29 th day of March A.D. 1855 personally appeared before me a Notary Public in and for said County and said State, Margaret Smith aged 80 years, a resident of the Town of Belora in said County of Columbia and State of Wisconsin, who being duly sworn according to law, declares that she is the widow of Elisha Smith deceased who was a Private in the company commanded by Captain (She has forgotten the name) in the regiments of (does not recollect) commanded by (does not recollect) in the Revolutionary War, that her said husband enlisted at some place in the State of Massachusetts but at what place she has now forgotten, and that such enlistment was some time during the revo- lutionary war, and continued in actual service in said war until the close of said war, and was honorablely discharged, but the place of discharge she has now forgotten.
She further states that she was married to the said Elisha Smith, in the town of Powney in the County of Onondaga and State of New York in the month of December A.D. 1835 by an Elder James a Minister of the Gospel, and that her name

before her said Marriage was Margaret Hunter That her said husband died at Pamey in the County of Oneida and State of New York on the first part of the Month of August A.D. 1835- and that she is still his widow, she makes this declaration for the purpose of obtaining the homestead to which she may be entitled under the act approved March 3rd 1855.
Subscribed & sworn to before me this 24th day of March A.D. 1855
her Margaret X Smith
We, Arnold Pratt and Esther Luther residents of the Town of Lebanon in the County of Columbia State of Wisconsin upon our oaths declare that the foregoing declaration was signed and acknow- -ledged by Margaret Smith in our presence, and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be
Subscribed & sworn to before me this 24th day of March 1855 A. B. Retelham
Arnold Pratt Esther Luther
Notary Public Columbia County Wisconsin

The foregoing Declaration and affidavits were sworn to and subscribed before me on the day and year above written, and I certify that I know the affiants to be credible persons, that the claimant is the person she represents herself to be, and that I have no interest in this claim.
A. H. Retchum
Notary Public
Cal County
Wisconsin

No. 12020 Elisha Smith
Oct. 17. 16
room 2
The Chittenden
Adams
Jefferson boy
W. 3

No 12020
BRIEF in the case of Elisha Smith of Ellsborough County of Jefferson in the State of New York (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Before a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy three years. 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     was drafted in August In 1776 — 2 — private Gen. Lincoln's brigade, Col. Moseley's reg. Mass. troops   Enlisted in June or July following — 3 — private Capt. McCallum's company Capt. Phillips' company of the Mass. Key Stone Battery.   Enlisted again, thinks near the 1st June 1777 until some time in July not stated say 7 — private Col. Wells, Major Montague Capt. Hill's company Lieut. Bryant   Enlisted a 4th time part of Aug. or Sept. part of Sept. following in the Fall of 1778 — 3 — — Br. Lincoln, Col. Wells, Capt. Harvey, Capt. Rice Lieut. Smith's company   Enlisted some time — 3 — — —  
5. In what battles was he engaged? Making 1 year that he was in actual service - Bemis heights
6. Where did he reside when he entered the service? Adams Hampshire Co. Massachusetts
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By traditional evidence
8. Are the papers defective as to form or authentication? and if so, in what respect? No
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. Wilson Examining Clerk.

State of New York } County of Onondaga } ss
John Smith of the Town of Pompey in the County of Onondaga & State of New York being duly sworn according to law deposes and says that he is a son of the late Elisha Smith deceased, who was a Revolutionary Pensioner at the rate of forty dollars per annum, and who died on the 8 th day of August A D 1837. That Elisha Smith the above named, kept a family record, and on said record is recorded the marriage of Elisha Smith and Margaret Hunter, of which the following is a true Copy.
"Elisha Smith and Margaret Hunter were married December 1832."
That the record of the Marriage of which the above is a copy was made in the year 1833. Deponent knows this fact as he made said record, by the request of his Father the said Elisha Smith.
Sworn and subscribed before me this 11 th day of August 1853
Levi Wells Justice of the Peace.
John Smith
I hereby certify that the above named John Smith is personally known to me and that he is a reputable Witness
Levi Wells Justice of the Peace,

State of New York, Onondaga COUNTY.
On this fourteenth day of May A. D. 1853, personally appeared before the undersigned, a Justice of the Peace within and for the county and state aforesaid, John Smith aged sixty five years, a resident of Pompey in the county of Onondaga and state of New York who, being duly sworn according to law doth depose and say,
That he is a son of Elisha Smith deceased, who was a revolutionary pensioner at the rate forty dollars per annum, that he resided in Jefferson County New York, at the time when he obtained his pension, and subsequently he resided in this Onondaga County; Deponent says that his mother died about the year 1831, and in the month of December 1832 his Father and Margaret Hunter were lawfully joined in marriage, deponent was present and witnessed that event, They were married by one Abraham Ennis, a Baptist Minister, who is now dead, and that there is no public record of their marriage within his knowledge.
Deponent was present when his Father the said Elisha Smith died, and that he died in the town of Pompey County of Onondaga & State of New York on the 8th day of August A D 1837, and at his death he left the said Margaret Smith his Widow, and that she still remains his widow and is now a resident of said Town of Pompey John Smith
Sworn to and subscribed the day and year aforesaid, before me,
Levi Wells Justice of the Peace,
I certify that the above named deponent is a reputable witness; and I further certify that I have no interest in the result of the case where this is to be used, and am not concerned in its prosecution.
Levi Wells Justice of the Peace

State of New York, Onondaga COUNTY, ss.
On this 30th day of May A. D. 1856, personally appeared before the undersigned, a Jurice of the Peace within and for the county and state aforesaid, Jacob Bush aged fifty seven years, a resident of Pompey in the county of Onondaga and state of New York who, being duly sworn according to law doth depose and say that he was acquainted with Elisha Smith , deceased, who was a Revolutionary pensioner and resided in the Town of Pompey in said County of Onondaga. Deponent is also acquainted with Margaret Smith who is the widow of the above named Elisha Smith . Deponent says that he was present and witnessed the marriage ceremony at the time when the said Elisha Smith and Margaret (then Margaret Hunter ) were lawfully joined in marriage which took place in Pompey County & State aforesaid some time in the Month of December A.D. 1832. That the said Elisha Smith is dead, and that Margaret his widow, is still living, and has always remained his widow.
Jacob Bush
Sworn to and subscribed the day and year aforesaid, before me.
Levi Welf Justice of the Peace.
I certify that the above named deponent is a reputable witness; and I further certify that I have no interest in the result of the case where this is to be used, and am not concerned in its prosecution.
Levi Welf Justice of the Peace.

STATE OF NEW-YORK. ONONDAGA COUNTY CLERK'S OFFICE.
I Certify, That Levi Wells , whose name is subscribed to the Jurat of the annexed instrument, was, at the time of taking the same, a Justice of the Peace in and for said County, and duly qualified and authorised to take the same. And I further certify that I am well acquainted with his hand- writing, and verily believe the signature to said Jurat is genuine.
In Testimony Whereof, I have hereunto set my hand and affixed the Seal of said County, at Syracuse, this 6 day of June 185 3 .
Barnard Slocum Clerk.

State of New York, COUNTY OF Onondaga
On this 14 th day of May A. D. 1853, personally appeared before the underigned  Surrrogates Court within and for the county and state aforesaid Margaret Smith aged Seventy seven years, a resident of the town of Pompey in the county of Onondaga and state of New York who being duly sworn according to law, doth on her oath, make the following declaration in order to obtain the benefit of the provision made by the act of Congress approved the 3d day of February, 1853:
Who says that she is the widow of Elisha Smith deceased, who was a private in the war of the Revolution, and was pensioned under the act of June 1832 at the rate of $ 40 per annum, and was paid at the Albany agency. She further declares that she was married to the said Elisha Smith on the day of December 1832 in the Town of Pompey in the county of Onondaga in the state of New York , that she was not married to him prior to January eighteen hundred but that it took place at the time above stated ledge and there is no public record of her marriage within her kin
She further declares that her husband, the aforesaid Elisha Smith died in the town of Pompey in the county of Onondaga and state of New York on or about the eighth day of August A D 1837
She further declares that she was a widow at the passage of the act, and is still a widow, and that she has never before made application for a pension.
Attest } J. H. Viscey Chester Babcock  Margaret Smith
Sworn to and subscribed the day and year aforesaid, before me,
J. H. Viscey Surrrogate

In reply to your request of _____, received for a statement of the military history of Elisha Smith a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. W. file 1093.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Aug. 76 2 mos. McClellan Moseley Mass.   Jan. or Feb. 77 3 mos. Phillips ✓   June 77 3 mos. Childs Walls   Aug. Sept 77 3 mos. Harvey { Walls Walls   Fall 78 1 mo. { Phillips  Rice in pursuit of Indians on the Mohawk river Lt Josiah Johnson ✓  
Battles engaged in, Second Stillwater
Residence of soldier at enlistment, Ashfield, Hampshire Co., Mass.
Date of application for pension, Sept. 11. 1832
Residence at date of application, Ellisburgh, Jefferson Co., N.Y.
Age at date of application, Born Feb. 15, 1759. Boston, Mass.
Remarks: Sol. wife (name not stated) died in 1831 and he Sol. man - Pompey Oneida Co. N.Y. in Dec 1832 Margaret Hunter
Sol. died Pompey Aug. 8. 1837
Wid. appln. May 14, 1853 at 77/No. Pompey, N.Y.
1853 wid John at 65, June 11th died 1831
Very respectfully,
Office Pensions Dept. Oct. 79. note

1907 Oct. 12. Hist. to Mrs. C.P. Gillette
Ray  WIDOW, &c.
File No. 1093
Margaret Smith
Widow
Elisha Smith
Rev. War
Act: Feb. 3, 1853
Index:—Vol. M , Page 217
[Arrangement of 1870.]

Respectfully forwarded to Mr. C. M. Bryant, Chief Old War Div., for his consideration and reply to writer, to whom one dollar in currency has this day been returned.
W. H. Campbell (K.M.) Acting Chief Finance Div.
Oct. 4/07.

Sept. 30 th 1907.
To
The Commissioner of Pensions, Washington D. C.
Dear Sirs:-
According to a tradition in my father's family, my great grandfather was a Private under Gen. Gates during War of the Revolution .
Can you give me any information on the following questions?
 1. Was Sylvanus Rice of Charlemont Mass, a captain under Gen. Gates?  2. If so did Capt Rice have a Private - one Elisha Smith who was a native of Buckland, Mass? 
Any information you can give will be esteemed a favor as I am anxious to have an authentic record of our tradition.
Respectfully
(Mrs. C.P.) Clara Smith Gillette
620 Elizabeth St. Fort Collins Colorado.
$1. 00 in currency which accompanied this letter returned to Mrs. Gillette on Oct. 4/07. R.M. Finance Div.

Appel of Marga- ret Smith, widow of Plisha,
Onondaga co.,
N. Y.
4023 #40 Act 3 d Feb., 185
P Rn. $40.00 Rn An Com-Feby, 3 d 1853, Chester Babcock, M c Grannville, Cortland co., N. Y.

✓ 26 223
S Rev Aug

Pension Office.
21 st Oct. /53
Sir.
Please certify the time to which the within named per- -son was paid, or the date of his death.
Very Respectfully,
S. Rice
for Commission.
Elisha Smith, $40.00 p. an. Act 7 th June 1832. - Died 8 th August 1837, Paid to his death.
F. Bank Auditor.
+ lived in Onondaga County, and died there. He is the same Smith sought after. - Marius Smith Esq., This Auditor. Treasr.

M c Grawville August 17 th 1883
Hon L P Waldo Sir
Enclosed is the application of Margaret Smith, who claims a pension under the act of Feb. 3 1878. When this claim is examined please report to me
Respectfully Yours Chester Babcock M c Grawville Cortland County New York

Brief in the case of Margaret Smith, widow of Elisha. Onondaga County and State of New York, act 3 d Feby. 1853.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was a pensioner under the Act of 7 th June, 1832.
Second Evidence of Marriage.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Chester Babcock Esq., Mc. Grausville,
Name and residence of Agent
Constant Co.
NY.
Examining Clerk.
H. B. Smith,

McGrawville Oct 14 th 1858
Hon S P Waldo
Dear Sir
Your favor of the 10 th which relates to the claim of Margaret Smith of Pompey Onondaga County N.Y. Widow of Elisha Smith who was a Revolutionary Pensioner, is just received - she alleged in her declaration, that her husband died on or about the 8 th of August 1837 - this fact is no doubt correct. The affidavit of John Smith, a son of the said Elisha Smith, is conclusive of that fact; he states that he died on the 8 th in the Town of Pompey. I think that such was the case - from the fact that at the time John Smith made the affidavit as regards his death, he (in my presence) examined the family record - and that record showed that he died on the day - sworn to by him
The said Elisha Smith resided in Jefferson & Onondaga Counties, while he was in the receipt of a pension, and not in Chenango - It appears that there were four Elisha Smiths in this State, who received Revolutionary Pensions, Two in Jefferson County one in Otsego and one in Chautauque Co., therefore you might have been mistaken in regard to the death of said Elisha Smith above referred to Yours Respectfully Chester Babcock

Pension Office Oct 10 th 1833
Sir,
Circumstances render it necessary that the precise date of the death of Elisha Smith, late a revolutionary pensioner of Chenango, should be proved. He appears to have lived and drawn his pension for many years after the time his decease is alleged to have taken place, by his widow, and the witnesses in her case. The claim of Margaret Smith for a pension under the Act of Feb 3 d 1833, is therefore suspended.
Very Respectfully, J. Mowat Commissioner
Chester Babcock, Esq. New York.

May 13 1850
Sir,
I am requested to examine the papers of Jacob Morris late of NY a prisoner under the Act of June 7 1832, by the Agent H. H. Mygale, whose letter addressed to you, I have given a day or two since.
Also the suspended or rejected case of the widow of Nathan Parker for an inuendo under the Act of July 9 1836.
Also the papers of Esther Smith, Act June 7 1832, whose prisoner has been reduced and suspended. These cases are also from NY under Mr Mygale's Agency.
I am Respectfully H. H. Mygale
Col Edwards General

Portage City March 29/1855-
To the Commissioners of Pensions
Dear Sir
Enclosed you will find an application for Pension, which you will confer a favor by directing the place of payment in this State. I am not aware that there is an agent in this State, for paying pensions, also you will find application of the same lady for Bounty Land, which do me the favor to hand to a proper officer for examination She being a pensioner, I suppose the Satisfactory evidence, is already in the Department entitled her to a Land Warrant. I am Sir very respectfully Yours obedient
Sands claims taken out
J. C. Wetmore

April 7 1859
Enclosed with this letter came vouchers for the same annual payment of Mrs Margaret Smith to Lt. March 1859. As these showed her migration from New York to Wisconsin she is transferred to Milwaukee & the vouchers returned to Riteburn, with letter. M c Kee

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Eliza Smith which require further proof or explanation.
I. Does the declaration show where the applicant resides? (Yes) II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned 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? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? Vide  Quen 16
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? See  Supplementary aff ts
EXPLANATORY NOTES.
* QUERE V. 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 the 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.
By careful examination it will be found that the papers are connected in such a manner that no paper could have been possibly attached after the Seal was affixed