Revolutionary War Pension and Bounty Land Warrant Application File R 9733, for Francis Smith, Connecticut

SERVICE
Conn. N. H.
Smith, Francis
NUMBER
R 9733
CONTENTS
At the office at Norwich Conn. resided with Norwich Conn & Cassana N.H. In 1833 res. of Attica, Genesee Co. N.Y.

No 23908.
Francis Smith Genesee County, New York
9933
Suspended
Moulton Durham Attica. New York
2

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 subjoined 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. These 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, shewing the Service of Francis Smith Genesee County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Entered March 1777 - 3 - private Col Ledyard 70 years Newburgh Traditionary evidence Holgermans Certificate, Witness certified credible by the Judge, who also certifies applicant's inability to appear in Court - papers not properly attached -   Sub - 1777 - 3 - private Col Ledyard Connecticut   Enlisted March 1778 1 - - private Capt. Lys, Col. Smith   Vol. Oct. 1779 1 Capt. Jones Battle at Rhode Island   Sub Sept. 1776 - 3 - Lieut. Peck   10 -  
+ Capt Lys and his friends at that time
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
It cannot be readily admitted the service alleged is not susceptible of proof, and the regulations require that applicants furnish the best in their power.

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
Sworn to and subscribed the day and year aforesaid.
A. B.
[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 days 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 the 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 [j] 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.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Declaration in order to obtain the benefit of the act of Congress passed June 7, 1832 -
State of New York } ss County of Genesee }
On this twelfth day of March in the year of our Lord One Thousand Eight hundred and thirty three personally appeared before me Isaac Wilson first judge of the Court of Common Pleas
in and for the County of Genesee was sitting Francis Smith a Resident of the Town of Attica in the County of Genesee and State of New York aged Seventy years who being first duly sworn according to Law doth on his oath make the following declara- tion 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 on the seventeenth day of April in the year 1778 at Norwich in the State of Connecticut he enlisted
That in the month of March in the year 1777 he the said Francis Smith entered the service of the Militia as a substitute for Uriah Abel who was drafted for the term of three months at Norwich in the State of Connecticut. That he soon and immediately

after as such substitute marched from Nor- wich aforesaid to New London and was placed under the command of Colonel Sed- gwick at Fort Trumbull and that in the said Francis Smith as such substitute served as a private soldier under the said Colonel Sedgwick at Fort Trumbull in repair- ing the same for the term of three months at which term he was discharged but re- ceived no written discharge. There were no commissioned officers commanding at Fort Trumbull except Colonel Sedgwick and about sixty soldiers were there to work on said Fort with him That while he was to work there he helped draw cannon into the said Fort - That he was in no battle while he was there - That he was discharged at Fort Trumbull.
3.
That before he left the said Fort and after he was discharged which was in June 1877 Samuel Abel arrived at the said fort who was drafted for three months to serve at said Fort and that in the said Francis Smith as a substitute for the said Samuel Abel entered the service for him for the term of three months which said term of three months in the said Francis Smith served as a private soldier at said Fort Trumbull under the said Colonel Sedgwick no other officers commanding there and was duly discharged at

at the expiration of the said three months at said Fort Trumbull but received no written discharge which was in the month of September 1777. That while he served at said fort he helped build and repair the same -
That at the time of entering the service both times as aforesaid he resided at Norwich in the State of Connecticut. That he was in no battles. That no continental or militia regiments or companies served at said fort with him except those who worked on the fort about sixty in number as near as he can recollect.
That he thinks on the seventeenth day of October  March in the year 1778 at Norwich aforesaid he the said Francis Smith enlisted as a private soldier for the term of one year into the company commanded by Captain Lay of Lime in Connecticut Lieutenant Levi Dick of Norwich aforesaid and Ensign Staunton of Grafton and Colonel Smiths Regiment and Lieutenant Colonel McClellan of said Regiment. That he served in said company and Regiment for the said term of one year and was discharged he thinks on the seventeenth day of October  March 1779 at New London Connecticut. That soon after he so enlisted he joined said company at New London aforesaid and was stationed at New London in said company under the said officers till August next after he so enlisted when he marched with said company to Block Island in General Sullivans expedition.

And until that expedition his said company did not join said Regiment as the several companies thereof were stationed in different places on the sea shore in Connecticut and Captain Whitney's company of said Regiment was stationed at Stonington Point on the outer side of the River Thames as he understood - That until said expedition no company or Regiment was stationed at New London except Captain Lays company to which the said Francis Smith belonged and in which he served - That in August 1778 he marched with said Com- pany to Rhode Island in General Sullivans expedition and there joined the said Regi- ment commanded by the said Colonel Smith of Connecticut State Troops and Lieutenant Colonel McClellan and the Brigade commanded by General Tyler of Rhode Island - As he understood He joined the said Regiment and Brigade on Rhode Island - That he served in said Brigade on Rhode Island one month that in the last of August Sullivan's Army was attacked by the British Army and that battle commenced the sun about two hours high in the morning and lasted till about half after Eleven O'Clock in the fore noon and the American Army retreated off from the Island in the evening of the next day after the battle That his brigade was not very closely engaged with the British Army - That he saw General Sullivan

That the said Brigade and he with them returned to Providence Rhode Island and stayed there a month - That about the first of October 1778 the said Captain Lay's Company was detached from said Regiment and Brigade and he with them and marched back under the said Captain Lay to New London and there he the said Francis Smith served in the said company under the command of said Captain Lay till he was discharged as aforesaid but received no written discharge - That at the time he enlisted as aforesaid he resided at Norwich aforesaid - One Peters was Brigade Major of the said General Tyler's Brigade That he knew all the above named officers That after he returned from Providence to New London the said Captain Lay and Captain Whitney's companies were all the troops that were stationed in New London till he was discharged as aforesaid and the said Lieutenant Colonel McClellan remained there with said companies - That he was in no battles except on Rhode Island - That three days before the general battle when he was at work in the intrenchments he lost his right eye and has never seen any since that time with that Eye - That one John Dower was surgeon of said Regiment

That in the month of October 1779 at Canaan in New Hampshire where he then resided he volunteered for the term of One month under Captain Jones of Canaan aforesaid to fight the Indians - That he served in the Company commanded by said Captain Jones Lieutenant Baldwin George Gahrius which was not attached to any Regiment as he knew - That immediately after he so volunteered he marched with said Company to Royalton in Vermont and arrived there the next day after it was learned by the Indians and when they got there they ascertained  were informed that the Indians had retreated to Haveril and they marched back to Dartmouth College and from there to Haveril as it was called on the big of how on Connecticut River and there the said Company and he with them were stationed for the term of just One month under the said officers - That no other troops besides said Company were stationed at the big of how where he was stationed there as aforesaid - That at the expiration of the said month he was discharged but received no written discharge and from the time he volunteered and marched it was five weeks before he re- turned home having served at least one month. And having served in the said service five weeks during the Revolutionary War not less than one year & Ten months as a private Soldier for which he claims a pension.

Francis Smith's Pension Papers
23908

# 1 st That in the month of September in the year 1876 but what time he does not know he entered the service of the United States as a substitute for Uriah Abel who was drafted for the term of three months in the Militia to guard the Sea Shore - The said Abel was drafted at Norwich aforesaid and that at Norwich soon after the said Abel was drafted he the said Francis Smith took his place as a substitute and as a private soldier and immediately marched from Norwich to Stonington on the Sea Shore in the state of Connecticut and there joined the Company under the command of Lieutenant Beck and Ensign Stanton and served in said Company under the said officers for the said term of three months as such substitute and was discharged at Stonington Point in the month of December next following but received no written discharge - That he was in no battles - That he saw no other troops stationed there; but one Company was stationed in the fort on the point but he did not go in the fort - That he resided at Norwich aforesaid when he so entered the service as last aforesaid - That he had no captain

That he was born at Norwich aforesaid in Connecticut in the year 1762 April 15 th
That he has a record of his age in his Bible at his dwelling house
That when called into service he resided at Norwich and Canaan aforesaid and that since the Revolutionary war he has lived in Canaan aforesaid - Norwich aforesaid - Pittstown Rensselaer County and State of New York - Richfield Otsego County New York - Covington Greene County New York - Attica Genesee County New York - and now resides in Attica aforesaid -
That he never received a written discharge -
That the names of persons to whom he is known in his present Neighborhood and who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution are Rufus Okey a clergyman & George Cooly Esq. of the town of Attica -
That he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service in the Revolutionary war.
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 this day and year aforesaid
Francis Smith
Isaac Wilson Justice

as aforesaid
We Rufus Cheney & clergymen residing in the Town of Attin in the Genesee and state of New York and George Cooley Esquire residing in the said Town of Attin hereby certify that we are well acquainted with Francis Smith who has subscribed and sworn to the above declaration; that we believe him to be seventy years of age; that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Sworn to and subscribed the day and year aforesaid
Rufus Cheney George Cooley
Isaac Wilson first Judge as aforesaid
And the said Isaac Wilson first Judge of the said Court of Common Pleas in and for the said County of Genesee does hereby declare his opinion after the in- vestigation of the matter and after putting the interrog- atories prescribed by the War Department that the above named applicant was a Revolutionary soldier and served as he states - And the said Judge further certifies that it appears to him that Rufus Cheney who has signed the preceding certificate is a clergymen resident in the Town of Attin in said County of Genesee and that George Cooley who has also signed the same is a resident in the said Town of Attin and is a credible person and that their statement is

entitled to credit — And the said Judge further certifies that it appears to him that the said Applicant cannot from bodily infirmity attend the Court to make the foregoing Declaration
Isaac Wilson first Judge and affiant
State of New York Genesee County
ss I Timothy Fitch Clerk of said County Certify that Isaac Wilson before whom the foregoing Declaration affidavit and proceedings purport to have been taken and and made was on the day of the date thereof First Judge of the Court of Common Pleas in and for said County, and that I am well acquainted with the handwriting of said Judge and verily believe his signature to said Declaration affidavit and proceedings to be genuine
In testimony whereof I have hereunto set my name, and seal of Office this fifteenth day of March 1833
Timothy Fitch Clerk
Leah Pension Papers 23908

Francis Smiths Pension Papers
First Certificate Collected for Fanny Smith Genesee County New York

State of New York Yates County } - - - - - }
ss. On this fifteenth day of June 1833 personally appeared before me the undersigned Harvey Putnam a Justice of the peace in and for said County Francis Smith of the Town of O'Fallon in said County who being duly sworn deposeth and saith that he is the very same identical Francis Smith who has subscribed and sworn to the declaration for a pension herunto annexed - And further the said Francis Smith deposeth and saith that he stated in his said declaration that he had no documentary evidence and knew of no person whose testimony he could procure to prove his services as a soldier of the Revo- lution - And further he deposeth and saith that he has sent to Pittston where he formerly lived to ascertain if he could obtain any witnesses soon after the act of 1832 was passed and was credibly informed that Clegg, Ellis and Ingraham are dead who served with him in Rhode Island and at New London - Isabel Burghard is also dead and died in Herk Co. Livingston County New York about four years ago who served the whole time with this Deponent in the Revolution - And he further saith that all the officers and all the other persons whom he has named in said declaration for a pension are dead, and that the surgeons are dead - And further this Deponent saith that he is positive and certain that there is no person to his knowledge living by whom he can prove his Revolutionary services or any part thereof and that it is impossible and wholly out of his power to furnish any further proof or any more evidence to prove said services - That he is very infirm and has no property

to try to find any further proof - All the persons that served with him whom he now remembers are dead according to credible information which he believes to be true - And further he deposes and saith that he has set forth in his said declaration all the answers to the interrogatories required -
3 That he entered the service as a substitute March 1777 and served as a private three months in Garrison at New London as he stated in said declaration - A man who was called Colonel Gallup was there whom he did not state in said declaration -
3 That in June he entered the service 1777 as a substitute and served as a private in the field Garrison at New London three months as stated in said declaration - The said Colonel Gallup was there
12 That in March 1778 he enlisted for one year which he served as a private in Garrison except what he served in General Sullivan's expedition and then he served in the field as stated in said declaration
1 That in October 1779 he volunteered for one month which he served as a private in the field as stated in said declaration
3 That in September 1776 he entered the service as a substitute for three months which which he served as a private at Stonington Point in the field as stated in said declaration
That he served all of said terms with an embattled corps called in to service by competent authority: And for the terms during which the said service was performed he was not employed in any civil pursuit that he served in the whole of said terms

as a private soldier in the Revolutionary War for the full term of One year and ten months and for which service he claims a pension - And further saith not - Sworn to and subscribed this Francis Smith 15 th day of June 1833 before me - Harry Putnam J. Peace
State of New York } Genesee County } As I Timothy Fitch Clerk of said County do hereby certify that Harry Putnam before whom the above Affidavit purports to have been taken and made was at the date of taking the same a Justice of the peace in and for said County and that I am acquainted with the hand writing of the said Justice and verily believe his name sub- scribed to said affidavit is genuine In testimony whereof I have hereunto set my name and seal of Office at Batavia this Seventeenth day of June 1833 -
Timothy Fitch Clerk By B. Pringle Deputy

From the papers in the Revolutionary War pension claim, R. 8733, it appears that Francis Smith was born April 15, 1753 in Norwich, Connecticut.
He alleged that while residing in Norwich, Connecticut, he served as a private with the Connecticut troops, as follows- from September 1776, three months under Lieutenant Peck; in 1777, six months under Colonel Ledyard at Fort Trumbull; from March 1778, three months under Lieutenant West; from June 1778, six months in Captain Lee Lay's company, Colonel Smith's regiment, was in Sullivan's expedition, and lost an eye at this time; from December 1778, three months under Lieutenant Becket.
While residing in Canaan, New Hampshire, he stated that he enlisted in October 1779 and served one month as private in Captain Jones' company, in an expedition against the Indians in Vermont.
After the Revolution he lived in Canaan, New Hampshire, Norwich, Connecticut, Pittstown, New York, Richfield, New York, Covington, New York, and Attica, New York.
He applied for pension, March 9, 1833, then a resident of Attica, New York.
The claim was not allowed, as satisfactory proof of his service was not furnished.
There are no data as to his family.
Very truly yours
A. D. HILLER Assistant to Administrator
Sept. 16. 31
Letter addressed to Cong. Richard P. Freeman for Mary B. Bishop - see letter returned - this under no letter.
Other records furnished Daniel Denison W 17718 John Greenman W 24305 Benjamin Hart 5.37080

REJECTED
94 38.
1931-Sept. 16-Hist. in Cong. Richard P. Freeman for Mary B. Briscoe-her letter returned & he wrote no letter away.
P. O. Francis Smith
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Reasons: The printed list of 1852 gives cause of rejection as Re-enlisted: "Proof of service defective"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

New York Revo
Francis Smith
Suspended
let. to M c Farham 8 Oct. 1833
let. to M c Lay 15 Feb 1834 let to M c Farham
7 th Oct 1834
let 7 Oct 1834 to M c Farham
Act 7 June 32
disst Hon D.M. May this letter cannot be found 26 Oct 1834

MS. A. 9. 2. 20
7, October 1834
A. 6.
Rec. Vol. 33. pa. 157.

War Dept Pension Off Oct 1854
Sir
In reply to yours of 25 th ult I have to state that the depositions of yourself & Mr. Day furnish no evidence of Francis Smith's service. Any ser- vice rendered in Connecticut is sus- ceptible of abundant proof by the surviving still residing there & the regulations require the best evidence in the power of claimants to produce.
You have no doubt rec d mine of 18 th ult respecting the claim of John Grey.
Oct 7 June
M. Farnham Esq Attica N.Y.

War Dept Pension Off 1873
Sir
The claim of Francis Smith has been examined & disallowed suspended. He alleges 12 mo Continuous service in (one of the State Regts of Cont in '78. It is established by the records of that state that their troops were only 6 mo in actual service during that period. This throws a distrust over his claim which strengthens the considerations which had induced the call for some evidence. Since the 1 st examination of the claims of Nehemiah Bese & Jacob Parmenter it is ascertained that there are rolls of the service respectively alleged by them in the proceedings of Mass. And as the regulations require the best evidence in the power of claimants to produce it will be necessary to obtain the certificate of E.H. Bangs Secy. of State (Boston) in relation to their service. Mr. Parmenter's service in 80 in Vixens Regt is established by the rolls of the office.
Ebenezer Bullock & Hyall Palmer assert an amt. of service which would appear to be susceptible of proof. They should at least show that they have sought evidence where it is most likely to be found before it can be admitted that they have produced "the best evidence in their power". The

papers of Francis Smith are placed on our files & those of the other claimants above alluded to herewith recd
21 st June
Mr Farnham
Sept 1833
De
Recd. geol 30 = p. 13.
Moulton Farnham Esq Attica N.Y.

Rev. S. M. Lay (M) 15. May 1834 O. C.
Ms. Vol. 30. pa. 154.

War Department Pension Office May 15. 1834
Sir
The papers of Francis Smith have again been examined. The explanation afforded by the supplemental affidavit in this case in regard to the twelve months service in 1778 under Capt Lay is not satisfactory. The claimant is referred to Elisha Pheps Esq. Comptroller of Public Accounts of the State of Connecticut for further evidence of his service. The papers remain on file
Genl G W Lay Home Rep. (U.S.)

Atkins Sept 29, 1834
J. L. Edwards Esq. Dear Sir,
Sir I wrote to you some time since when I sent to you the pension papers of Jonathan Albon and John D. Conklin concerning the application of John Casey for a pension I sent my own affidavit stating that I forwarded to you a true copy of Benjamin Connel's certificate which copy I presume you received - When you sent me returns of Jonathan Albon & John D. Conklin's papers you did not mention any thing concerning the papers of John Casey - Will you please on the receipt of this to either send me the pension certificate of John Casey or instructions; for it is now two years since he made application for a pension - I see nothing further wanting in his case - I send you herewith an affidavit of James B. Lay & myself to support the claim of Francis Smith for a pension - I have full confidence that Francis Smith served the full time he stated and because he might have made a small mistake in the manner of his entering the service in his old age I see no good reason why that should debar him from a pension But I think the affidavit of James B. Lay

remains very doubt on the subject and I think his claim for a pension can no longer be rejected - Will you please as soon as convenient either to forward to me his pen- sion certificate or further instructions as it will be 2 years next winter since he applied for a pension -
Yours very respectfully
Clayton Purnham
The papers of Francis Smith are all on file in your office
J. L. Edwards Esquire Commissioner of Pensions Washington City

State of New York } ss. Yunseer County }
I James B. Lay of said County being duly sworn deposes and saith that he is thirty seven years of age and that he this Deponent is the son of Lee Lay deceased - And further this Deponent saith that ever since his this Deponent's remembrance his father the said Lee Lay resided and died in the Town of Lyme in the County of New London in the State of Connecticut and that he died in the year 1872 at Lyme aforesaid And further this Deponent saith that his father the said Lee Lay was a Captain in the Revolutionary War in Colonel Smith's Regiment and General Tyler's Brigade and he this Deponent has always understood from the said Lee Lay and the rolls of the said Lee Lay which he kept a long time after the Revolutionary War and which this Deponent believes were destroyed or lost soon after the death of the said Lee Lay And further this Deponent saith that said rolls contained the names of soldiers who served under the said Lee Lay during the Rev

16 17 18 olutionary War and which said Rolls this Deponent has seen and examined a great many times before the death of the said Lee Lay - The said Lee Lay called them his Company Rolls - And further this Deponent saith that he has seen for a few times within a year past Francis Smith of Attin in the said County of Greene who said he had made application for a pension - And recently this Deponent had a conversation with the said Francis Smith and he stated that he served under Captain Lay in Sullivan's Expedition on Rhode Island And this Deponent thereupon was well satisfied that the said Francis Smith served in the said Lee Lay's Company from Circumstances and facts which he related in that campaign which were the same that were often related by the said Lee Lay to this De- ponent and from the Circumstances also of this Deponent's seeing the name of Francis Smith on the said Rolls of the said Lee Lay - And further this Deponent saith that he well recalls of seeing the name of Francis Smith on the said Rolls

of his this Deponent further the said Lee Lay; but he does not recollect what year the said Rolls stated that he served or what time he entered the said Lee Lay's company or left the same or how long he the said Francis Smith served therein - And further this Deponent saith that from the con- versation which he has had with the said Francis Smith he this Deponent has not the least possible doubt but that the said Francis Smith who has made application for a pension is the same identical Smith whose name this Deponent saw frequently on the said Rolls of the said Lee Lay - And this Deponent hath frequently heard his father the said Lee Lay relate that he served as a captain in said Regiment and brigade in Sullivan's Expedition on Rhode Island and this Deponent has not the least possible doubt but that his father the said Lee Lay served as a captain in Colonel Smith's Regiment in General Tyler's Brigade in Sullivan's Expedition on Rhode Island - And further this Deponent saith as to - James B. Lay
Sworn to and subscribed this 23 rd day of September 1834 before me Matthew Farnham Justice of the peace
Genesee county ss. I Matthew Farnham the above named Justice of the peace before whom the above affidavit of James B. Lay was sworn to and subscribed do hereby cer- tify that I am well acquainted with the said James B. Lay and have been well acquainted with him for ten years last past and that he is a printer by occupation and that he is of a good moral character and reputable for truth and veracity and that the utmost confidence may be placed in his affidavit - Dated September 23 rd 1834 Matthew Farnham Justice of the peace

State of New York Genesee County
ss. I Timothy Fitch Clerk of the Court of Common Pleas in and for said County do hereby certify that Clayton Farnham before whom the annexed and foregoing affidavit and certificate purport to have been taken and made was at the time of taking the same and on the day of the date thereof a Justice of the peace in and for said County duly authorized to take the same And that I am well acquainted with the hand writing of the said Justice and that the signatures of the said Justice subscribed to the said affidavit and certificate are genuine -
In testimony whereof I have hereunto set my name and Seal of Office at Batavia in said County this 24 th day of September 1834 -
T. Fitch Clerk of Genesee County
State of New York Genesee County
ss. Clayton Farnham of the County of Genesee in said County being sworn saith that he is well acquainted with Clayton Francis Smith named and described in the foregoing affidavit - And further this deponent saith that he made out his papers
for a pension which are on file at the War office in Washington City as he has been in formed by J. L. Edwards and further this deponent saith that he has had a number of conversations with the said Francis Smith and from the facts and circumstances related by the said Smith this deponent has not the least possible doubt but that the said Francis Smith served as a private in the Revolutionary War the full term which he has stated in his declaration for a pension and that he served as a part of that time one year in Captain Lays Company as he stated in his amended affidavit and declaration for a pension which is also on file - And further this deponent saith not -
Sworn and subscribed before me this 24 th day of September 1834
Clayton Farnham
T. Fitch Clerk of Genesee County
I Timothy Fitch Clerk of Genesee County do certify that I am well acquainted with the above named Clayton Farnham who has sworn to the above affidavit before me and that he is a man of truth and veracity and that he is a Justice of the peace of said County and confidence should be placed in his affidavit - Dated Sept. 24. 1834
T. Fitch Clerk

Francis Smith
add. eo.
Washington City.
Commission of Attorney
J. L. Edwards Esquire
Yrs
July 10. Attorney July 30 —

Atkins Jr near Coeymans New York July 2 nd 1834
Dear Sir I received yours of May 15: 1834 in which you stated that the papers of Francis Smith have again been examined & that the explanation afforded by the supplemental affidavit in his case in regard to the 12 months service in 1778 under Capt Lay is not satisfactory - you write that the claimant is referred to Elisha Phelps Esq. Comptroller of public accounts of the state of Connecticut for further evidence of his services - I wrote to Elisha Phelps Esq. stating that Francis Smith served in Captain Lay's company 1778 and I got a letter from Roger Huntington which is herewith annexed - Will you please write to me informing me if anything further must be done for I have the utmost confidence that Francis Smith did serve the whole time which he has alleged in his declaration for a pension and his supplemental affidavit; but he was unfortunate in stating that he served a year.
Yours &c Manton Farnham J. L. Edwards Comm ee of pensions

State of Connecticut Comptroller's office Hartford June 25. 1834
Moulton Farnham Esq
Sir. Your Letter of June 3. is before me. There are no Pay Rolls of the Troops in service at the times mentioned in your Letter - 17 December 1778. Col Oliver Smith was paid for the services of part of his Regiment of Coast Guards stationed at New London. and the same charged to the United States 18. May 1779 Col Oliver Smith was paid for the expense of a Journey after the pay for his Regiment at Rhode Island and the same charged to the United States.
Your most ob t Roger Huntington Comptroller of Public Accounts

Francis Smiths amended declaration & affidavits N.Y.
Hn. George H. Lang. HR

State of New York } ss Francis Smith of the Town Genesee County } of Attica in the County and State aforesaid being duly sworn deposeth and saith that a year ago he this Deponent made his declaration for a pension before Isaac Wilson first Judge of the Court of Common Pleas of said County which declaration was soon thereafter together with all the other papers filed in the pension office as he has been informed and verily believes; and further this Deponent saith that in his said declaration he stated that in the month of March 1878 he enlisted for the term of one year at Norwich Connecticut. And this Deponent has been informed that his claim is rejected for the reason he stated that he enlisted for a year - And this Deponent fur- ther saith that he was mistaken as to the term of the said enlistment and that he served a year as follows - In March 1878 he entered the service of the United States as a substitute for Thomas Crocker who was drafted for three months at Norwich where this Deponent then resided into the company of the Connecticut Militia commanded by Lieutenant West - That this Depo- nent joined said company at Norwich and was marched from there to New London - That this Deponent entered the service into said company as a private for the term of three months as such substitute and that he served as such in said company at New London for the term of three months under said Lieutenant West and was discharged at the expiration of three months in

June 1778 at New London but had no written discharge - The said company had no captain and Russell Chapin was orderly serjeant - that about 20 or 25 belonged to said company and while they were at New London they were employed in guarding the light house and belonged to no Regiment while in service This deponent and said company were not stationed at the fort at all - he saw no other troops but said company - And further this Deponent saith that at the expiration of said term in the month of June 1778 he the Deponent at New London enlisted as a private for the term of six months into the company of Connecticut Militia commanded by Captain Lay of Lyme about 8 miles from New London, Lieutnant Peck, and Ensign Staunton Colonel Smiths Regiment as it was called but this Deponent never saw Colonel Smith till the said Regiment went on to Block Island in Sullivan's expedition as stated in his said declaration and this Deponent never saw him after said Regiment left the Island - And when said Regiment went on the Island in said expedition it was attached to General Tylers Brigade and Peters was Brigade Major - The said Captain Lay did serve with said company during the said six months - Captain Whiting's Company belonged to Smiths Regiment while on the Island in said expedition but never saw them after - This Deponent saw Colonel Jacksons Regiment of Negroes in said expedition - This Deponent has been informed that the pension agent says Captain Lay was not in the service at that time but this Deponent knows he was then the said six months and this Deponent saw him

almost every day during the said six months but this deponent did not mean to state in his said declaration that Mr Lanning was Lieutenant Colonel under Colonel Smith for this Deponent did not see said Mr Lanning till after the said expedition - This Deponent served in said Captain Lays Company in Colonel Smiths Regiment as it was called but he never saw Colonel Smith at New London; and after he and the said company returned from Sullivan's expedition to New London Colonel Mc Lanning was the commanding officer there - This Deponent was discharged after the expiration of the said six months in the month of December 1778 at New London but received no written discharge And this Deponent further saith that after the expiration of said six months in December 1778 at New London he entered the service and joined a Militia Company as a substitute for Valentine Wightman for the term of three months who was drafted for that term which company was commanded by Lieutenant Becket and Nathan Orderly Sergeant - The Company had no Captain or Ensign and belonged to no Regiment and there were not over 20 or 30 in said company - that this Deponent served in said company at New London as a private full 3 months as such substitute in said company under said Lieutenant Becket and was discharged at New London in March 1779 but received no written discharge - This Deponent served as a private as above stated full one year and not less than one year with an embodied corps called into service by competent authority and during that term he was not employed in any civil pursuit - And further this

Deponent saith that when he made his said declaration he thought he enlisted for a year as he knew he served a year; but on mature deliberation he is now confident that he made a mistake as he is very forgetful; and he is now very confident that the foregoing is a true and correct statement of his years service in the Revolutionary War whether it agrees with the rolls or not - - This Deponent lived in Norwich when he entered the service
Sworn to and subscribed this 22 nd day of February 1834 before me
Francis Clouth
Winton Farmhouse
Justice of the peace

State of New York } ss Greene County }
Arnold Allen and Smith Elliott of Attire in said County and State being duly sworn deposite and Smith that they have been acquainted with Francis Smith who has sworn to and subscribed the declaration for a pension hereunto annexed for the term of fifteen years last past and that he is a man of truth and veracity and always has been a man of truth and veracity and strict integrity and we do not believe he would make any statement with or without oath , in order to obtain a pension and fur- ther we have heard the said Smith more than ten years ago state his Rev- olutionary services and he then stated them then as he has stated them in his said declaration and that he served a year in Captain Lays Company in the year 1778 as he has stated in his said declaration - And further we have not the least possible doubt but that the said Francis Smith served as a

private in the Revolutionary War for the full term he has stated in his said declaration and that he is intitled to a pension for such services - and further the said Elliott is thirty nine years of age and the said Allen thirty nine years of age and that we are now well acquainted with the said Smith and live a near neighbor to him
Sworn to and subscribed this 13 th day of March 1834 before me
Montton Farnham Justice of the peace
Arnold Allen Smith Elliott
I Montton Farnham the above named Justice do hereby certify that I am well acquainted with the above named Arnold Allen and Smith Elliott and that they are credible Witnesses and men of truth and veracity and the utmost confidence may be placed in their affidavit
Montton Farnham
Dated March 13. 1834
Justice of the peace

State of New-York Genesee County } ss
The undersigned of the Town of Attire in said County and State being duly sworn deposeth and saith that they are well ac- quainted with Francis Smith who has sub- scribed and sworn to the declaration for a pension herunto annexed and that we live near neighbours to him and have been well acquainted with the said Smith and have known him for two years and a half last past and further the said He Francis Smith is a man of truth and veracity and strict integrity and that is his character when he is known and these depo- nents and the people generally when the said Francis Smith is known have the utmost confidence in the said Francis Smith for truth and veracity and these Deponents have not the least possible doubt but that the said Francis Smith served as a Revolution- ary soldier for the full term which he has stated in his declaration and amended declaration herunto annexed and that he ought to have a pension for those services and these depo- nents have heard the said Smith relate his Revolutionary services and he states them in such a manner that we believe he has stated such services correctly - And further

these Deponents do not believe the said Smith would make any statement for the purpose of obtaining a pension which is not true
And further they say not-
Subscribed and sworn to this 22 day of March  April 1834 before me Ellington Farnham
George Cooley Thomas Cooley
Justice of the peace
I Ellington Farnham the above named Justice do hereby certify that I am well acquainted with the above named Thomas Cooley and George Cooley and have been well acquainted with them for ten years past and that they have held the office of Justices of the peace and supervisors of the said Town of Clinton and are men engaged in public business and are reputable for truth and morality and strict integrity and the utmost confidence should be placed in their affidavits Dated April 22, 1834
Ellington Farnham Justice of the peace

Attest Charles H. Cook
State of New York } County of Genesee }
I, Timothy Fitch Clerk of the County of Genesee do hereby certify that Moulton Farnham before whom the foregoing affidavits purport to have been taken and made was at the date of taking the same a Justice of the Peace in and for said county duly qualified to act as such - and that his signature subscribed to the foregoing affidavits and certificates is genuine -
Witness my hand and seal of office this twenty sixth day of April 1832
Timothy Fitch Clerk By B. Pringle Deputy

Francis Smith pension papers
Isaac Davis' affidavit
Hm. G. W. Lay.

State of New York } County of Genesee } ss. Isaac Davis of the Town of Attica in the County of Genesee and State of New York being duly sworn deponeth and saith that he is eighty two years of age and upwards, And further this Deponent saith that he is now acquainted with Francis Smith of Attica in said County and that he this Deponent was acquainted with the said Francis Smith between thirty and forty years ago in Pittstown in the State of New York for the period of five or six years - And further this Deponent saith that in the summer of 1776 he this Deponent belonged to Captain Seth's Company and was detached with six others therefrom and attached to Captain Prichett's Company and out of said Prichett's Company this Deponent and about fifteen others were sent out of said Prichett's Company under corporal or serjeant to Horse Neck, where arrived at Horse Neck on Sturminster point not far from the first of September and when he arrived there he found Lieu- tenant Beck and a company of Militia

under his command and further this Deponent found the said Francis Smith a private in said Lieutenant Suck's company and this Deponent and the said Francis Smith served there together till the middle of October 1776 - This Deponent served with him there all of a month and a half and saw the said Francis Smith there during that period almost every day and this Deponent understand at that time that the said Francis Smith was at that time a three months Militia Man - And this Deponent has no doubt but that the said Francis Smith served at that time three months and the said Smith was there when this Deponent arrived there as aforesaid at Horse Creek in Connecticut - And further this Deponent saith that in the year 1777 this Deponent served as a private at Fort Trenchall under Colonel Ledyard in the months of August September & October all of two months during all of which time the said Francis Smith served as a private soldier in said Fort under Colonel Ledyard - This Deponent believes the said Francis Smith was in Lieutenant Stanton's company if it might be called a company - This Deponent belonged at that time in the said Captain Brichett's detached company. but present was not there And this Deponent under

Stood at that time from the said Smith and now verily believes that the said Smith arrived at the said Fort Trumbull the Spring previous and served there all summer, and this Deponent saw him at said Fort as much as two months. And this Deponent has no doubt but that the said Francis Smith served there that season six months.
And further this Deponent saith that in the summer of 1778 he this deponent was in the expedition and Battle on Rhode Island under General Sullivan and this Deponent then in that expedition belonged to Colonel George Root's Regiment. And further this Deponent saith that while he was so on the Island in the month of August 1778 he this Deponent saw the said Francis Smith then a private in Captain Lacy's Regiment Company in Colonel Smith's Regiment. This Deponent saw the said Francis Smith then as much as three weeks and this Deponent well recollects of seeing the said Captain Lacy and Colonel Smith on the Island in that Expedition. And further this Deponent well recollects that the said Francis Smith lost one of his eyes in that Battle and this Deponent saw the

said Francis Smith both before and after he so lost his Eye - As this Deponent had been acquainted with the said Francis Smith two years before, he took more notice of him - And this Deponent saw his eye dressed once after the Battle And this Deponent does not now recollect of seeing the said Smith at that time after he saw his eye dressed - And this Deponent does not now recollect of hear- ing the said Smith say in that Expedition how long he had enlisted or when he entered the said Captain Lays Company as it was a very busy time with the troops - This Deponent saw the said Francis Smith that year on the Island as much as three weeks and this Deponent did not see him till they arrived on Rhode Island - And further this De- ponent saith that while he knew the said Francis Smith in the service as aforesaid he was a good and active Soldier - And further this Deponent saith that when he knew the said Francis Smith as aforesaid in Petty Town the said Francis Smith was a practicing physician and was called an honest man and a person of truth and veracity - This Deponent does not believe that the said Francis Smith would make a false statement with or

without oath to obtain a pension and this Deponent further saith that he is not a relation of the said Francis Smith and has no interest whatever in his obtaining a pension. — And further this Deponent saith not. —
Sworn to and subscribed J. A. Davis by the above named Isaac Davis this 17. day of November before me and in my presence Mantton Farnham Justice of the peace
I Mantton Farnham the above named Justice of the peace do hereby certify that I am now well acquainted with the above named Isaac Davis who has subscribed and sworn to the above affidavit before me and have known him about 3 months, and on inquiry and from my own personal knowledge I believe him to be a man reputable for truth and veracity, and a very honest and upright man and that his affidavit is entitled to full credit Dated November 17. 1834
Mantton Farnham Justice of the peace
Giles County } ss. S. Timothy Fitch Clerk of the Clerks Office } Court of Common Pleas in and for the said County of Giles do hereby certify that Mantton Farnham before whom the foregoing

affidavit of Isaac Davis and certificate purport to have been taken and made was on the day of the date thereof and at the time of taking and making the same a justice of the peace in and for the said county of Greene - and that I am well acquainted with the hand writing of the said justice and that the signa- tures thereunto subscribed by him are genuine
In testimony whereof I have hereunto set my hand and seal of office this sixth day of December 1834
Timothy Fitch Clerk By R. Pringle Clerk
Phineas L. Tracy late a member of Congress do hereby certify that I have known the above named Isaac Davis who has sworn to the above affidavit six or seven years last past and that I never heard his character for truth and veracity impeached according to the best of my knowledge and belief and that from my general knowledge of him I do believe his affidavit is entitled to full credit - Dated Dec 6. 1834 Phineas L. Tracy

Home of Rep. Dec 2 15. 1834.
Sir,
Enclosed you will find an affidavit in the case of Francis Smith — Will you examine the case & send me the result of your examination.
I also enclose the Agents letter (which I will returned when you have made the necessary searches) in which he also asks information which has heretofore I have been refused: but hope that in this case it may be allowed.
Below you have my receipt for the papers in the case of William Head. Will you please send them to me thro the P.O.
May I also ask of you to send me a copy of the Pension acts compiled for the use of the Department. I find it impossible to get along without it & would have called at the Office & asked for it had not been confined to room for some days until yesterday. I am Respectfully,
George W. Day
John S. Edwards Esq.

Atkins W Dec 8 1834 }
Friend
George W. Lay Esquire Member of Congress Washington City

Chester December 8 th 1834 Dear Sir I take the liberty of sending some pension papers to your care as I presume you will attend to it promptly and feel an interest in the well fair of the Revolutionary soldiers I troubled you some last Winter with the application of Francis Smith who made application for a pension 2 years ago this winter and who I have not the least possible doubt has a meritorious claim for a pension for about 21 months service as a private soldier in the Revolutionary War and who lost his eye in the Battle on Rhode Island but unfortunately for him he stated that he enlisted in the Connecticut Militia a year when on reflection he stated in an amended declaration that he entered the service twice 3 months each and then enlisted for 6 months in Capt Lay's company without leaving the service and more unfortunately for the old man the War Department alledge that Captain Lay and Col. Smith were not in the service that season. but that is a mistake; for Capt Lee Lay was

in the Service in 1778 and so was Col Smith and they were both in Sullivan's Expedition on Rhode Island in 78 - Capt Lee Lay under whom Francis Smith served was father  father to James B. Lay and James B. Lay (whom you will know) has made affidavit that he saw Francis Smith's name on his father's rolls and has heard his father frequently relate that he was in Sullivan's expedition and that he belonged to Col Smith's Reg t & Gen. Tyler's Brigade - You will find in the other letter an affidavit of Isaac Davis who has lived in Batavia and who says he is well acquainted with you and who lives now in Attica stating that he knew Francis Smith in Service at Horse Neck in 76 and at Fort Griswold in 77. & saw him about 3 weeks on Rhode Island in Sullivan's Expedition in 78. - and I have procured as you will see the certifi- cate of B. L. Tracy as to his plausibility  testimony that Isaac Davis aff t is entitled to full credit - Will you please go to the pension office and hand the affi- davit to Edwards and do the best that you can to obtain the Old man's pension You know Isaac Davis and you can state to them that his affidavit should be entitled to credit - I think it will be suffi- cient - I presume it will be attended to without delay. I want to get you to do another favour for me if you please James Sanborn of Attica wishes to ob- tain a pension and I have nearly made

and his papers - he is, like all others of that class rather forgetful as to the time He alleges he served in the year 1778 3 months in Capt Lovetts Company in Col. Bartletts Regiment of New Hampshire Militia and he says he was in Sullivan Expedition on Rhode Island in 78 He thinks in Hampton CV Hampshire during the war - He never saw Bartlett in service and he further states that he served 9 months in the year 80 - that he enlisted in Capt Lovetts Company and Col Burt 1780 lets Regt of New Hampshire Militia Force and that he marched with C Martin Ensign to West Point - He thinks Capt Pinkham commanded him a short time and then  then was trans- ferred to Capt Patters Company Colonel Grys Ruds Regt of Continentals and served there till March 17 81  79 & thinks he was discharged at Danbury Connecticut in March 79-81 Now the important information which I want from you is To go to the pension office and there ascertain whether James Sanborns name is borne on the Rolls of Capt Lovetts Company, Col Bartletts Regiment in 78 of the CV. Hampshire Mili- tia (as they have the Rolls of CV. H. Militia) & when he joined & when he was discharged & how long he ser- ved also Also if in 1780 James Sanborns name is borne on the Rolls of Capt Lovetts or Capt Pinkhams Company Col Bartletts Regt of CV. H. Militia & when & how long (May be Capt Pinkham was in another Regt) and whether his name is on the Rolls of Capt Patter or any other Capt in Col. Grys Ruds Regiment in 78 or 79 or both & how long & when he enlisted & was discharged and please send me an answer as soon as in your power so I can make out his pap- ers without discrepancy - Yours Respectfully Hamilton Farnham G.M. Esq. H.R.