Revolutionary War Pension and Bounty Land Warrant Application File S. 22997, for Eliphalet Smith, New Hampshire

SERVICE
NUMBER
N.H.
Smith, Eliphalet S. 22997
CONTENTS
at Fort Sandwich, St. Croix, Me. Nov. 1832 - Apr. 1833.

New Hampshire
Eliphalet Smith 21077 of Strafford in the State of N. H. who was a private in the Comp y . commanded by Captain Reed of the — commanded by — in the N. H. line for 6 months and 2 days
Inscribed on the Roll of N. Hampshire at the rate of 20. Dollars 22 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 9 th day of July. 1834 and sent to Paul Wentworth. Sandwich N.H.
Arrears to the 4th of Sep 1833 $ 50. 55 Semi-ant. allowance ending 4 Mar 34 . . 10. 11 $61.66
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, book 8, Vol. 1. Page 118

15684
Epiphany Smith
on Plate Capt. Swainson's 3 Mar - 23 days

June
DECLARATION IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS PASSED June 7, 1832.
STATE OF NEW-HAMPSHIRE.
COUNTY OF STRAFFORD ss.—
COURT OF Common Pleas ,
October TERM, 1832 -
On this 10 th day of October 1832, personally appeared before the Justices of the Common Pleas now in session at Gilmanton within and for said County of Strafford, Eliphalet Smith a resident of Sanbornton in said County of Strafford and State of New-Hampshire, aged seventy years, who being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832. That he enlisted in the army of the United States, in the year 1779
and served as follows: — I enlisted the first of September in the town of Sanbornton with Bradbury Prescott for two months and marched to Fort Constitution below Portsmouth on the Island done fatigue duty and on guard under Capt. Sias & Lieut. Ray & Ensign Beyond Col Dame commanded the whole consisting of four companies; when I served the full time I returned home — On the second week of June 1780 I enlisted with four others with Capt. Daniel Bacle and marched to old Kingston, there passed muster before Col Bartlett attached there to Capt. Sinklas company. Lieut. Ray & Ensign Sinklas who was a son of the Captain, from there marched to Worcester, drew three days rations and went on to Springfield Massachusetts from there through Great Barrington & Fishkill to West point — was there about two months, then went down the river to Kings ferry with about 300 others, being a draft from two Regiments Lieut. Pinkham commanded the company I was in & Ensign Sinklas tarried there about seven weeks, from there by land through Peks kill to West point & there discharged the 19 th day of October, but not a written discharge —
He hereby relinquishes every claim 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.
Eliphalet Smith
Sworn to and subscribed the day and year aforesaid, in open Court.
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
ATTEST — A. Pierce , CLERK.
I, Andrew Pierce Clerk of the Common Pleas for said County, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Eliphalet Smith for a pension.
testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this 18 th day of October in the year of our Lord one thousand eight hundred and thirty two.
ATTEST — A. Pierce , CLERK.

15664 Euphales Smith St Hampshire
Rejected 26 March 1833. —
Ad- 6 m 2 nd issue
Paul Wentworth Sandwich N 19

WAR DEPARTMENT,
Pension Office,
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Elephalet Smith Stafford Co Penn 18
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlist 1779 1780 2 Privt Capt Prescot Beebe Col Dame Bartlett Portsmouth Morristown Springfield Fishkill Westpoint Kings Ferry 70 Canadua 3 traditional evidence   not stated  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
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 day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of Eliphalet Smith a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. 522997
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sept. 1. 1779 2 mos. Pvt. Sias Dame N.H.   June 1780 Oct 19 1780 Sinclair Barthell   1781 13 days. Jacob Smith r        
Battles engaged in, None stated.
Residence of soldier at enlistment, Sandwich Strafford Co. N.H.
Date of application for pension, Oct. 18. 1832. His claim was allowed.
Residence at date of application, Sandwich Strafford Co. N.H.
Age at date of application, 70 years.
Remarks: There is no family data on file.
Respectfully,
Commissioner.

CAMBRIDGE MASSACHUSETTS
Rec. War? 1861 19 Agassiz St.
November 23, 1915.
Pension Bureau - Washington, D. C.
Dear Sir -
Will you kindly send me what record you have of Eliphalet Smith, private, New Hampshire Militia, who was placed on the Pension Roll January 9, 1834, age 72, and then lived at Sandwich, Stafford Co., N. H.
Thanking you in advance for whatever information you can give me, I am
Very truly yours - Walter C. Smith.

CARRIE ANN PENSION

Proclamation
22 997 INVALID.
File No. 22,997
Elizabeth Smith
Rev War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 280
[Arrangement of 1870.]
1915. Nov. 30: History to Walter C. Smith. M.B.H.

Sandwich N.H. Dec. 16 1833.
Hon James L Edwards Commissioner of Pensions
I have the honour of forwarding you the papers of Eliphalet Smith as I advised you on my receiving paper No. 2. herewith — I should have sent them before, but I knew you must have a great press of business on hand, and this closes my applications —
I am Sir, with high consideration your Ob t Serv t
Dane Wentworth

Sandwich Me Dec. 13 1833
We certify that we are well acquainted with Eliphalet Smith and Samuel Burley who have resided in this town for sixty years or more both of whom we consider credible persons and that their statement is entitled to credit. And we have no doubt that said Smith performed the services as set forth in his declaration made before the Probate Court on the fifth instant.
Neal Mc Gaffey } Selectmen P. M c Intosh } of W m Randall } Sandwich

War Department
Tuscarora Office
March 27. 1833
Sir
The declaration of Ephraim Smith has been examined and placed on our files. It appears from his statement that he entered the service in 1779 in Capt. Sears's Company and served two months & that in June 1780 he again entered in Capt. Sinclair's Company. From the rolls of service of the latter named officer's Company, it appears that he served therein only three months and twenty three days. It appears therefore he only served 5 months and 23 days. As the act of June 7. 1832 provides for those only who served at least six months. His claim cannot be allowed.
Very Respectfully Your Pet. St.
J. L. Edwards
Paul Wentworth Esq. Sandameh New Hampshire

I Samuel Burley of the Town of Sandwich New- Hampshire of seventy two years of age, do certify and say, that I am well acquainted with Eliphalet Smith of this town (who has made a declaration in order to obtain a pension from the United States for Revolutionary service) for fifty years and more - he having resided prior to the war in this town with my wife, & we have resided here ever since - In the first week of June seventeen hundred and eighty saw Smith enlisted with me and three others and marched as said Smith has declared in his declaration. In three days from enlisting we were mustered at Old Kingston and marched to Worcester Massachusetts at which place we drew three days provisions and I should judge it was then about the middle of June - I returned home to this town with said Smith on the last day of October 1780. and think we were discharged on the 19 th Oct. in the morning at West Point - when discharged Col Bullitt said we must get home the best way we could and we should be paid; said Smith was absent at this time with me in the service almost five months -
Samuel Burley
Sandwich N.H.
Dec. 12. 1833
State of New Hampshire Stafford ss. Dec. 12, 1833.
Then personally appeared the above named Samuel Burley and made solemn oath that the above certificate by him subscribed is just & true.
Before me. Paul Wentworth Just Peace & Quorum,

STATE OF NEW-HAMPSHIRE.
COUNTY OF STRAFFORD ss.—
at a
COURT OF Probate held
December
TERM, 1832 at Sandbornton in said County
On this fifth day of December 1832, personally appeared before the Justices of the said Court of Probate now in session at Sandbornton within and for said County of Strafford, Eliphalet Smith a resident of Sandwich in said County of Strafford and State of New-Hampshire, aged seventy one years, who being first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832. That he enlisted in the army of the United States, in the year 1779 and served as follows:— On the first day of September 1779. I enlisted in the town of Sandwich with Bradbury Prescott for two months and marched to Fort Constitution below Portsmouth on the Island done fatigue duty and on guard and was on service two months under Captain Elias Licut Ray & Ensign Osgood. Got Name commanded the whole consisting of four Companies. — On the second week in June, 1780 I enlisted with four others with Capt. Daniel Beebe, and marched to Red Kingstown there passed muster before Genl. Partridge, attached there to Capt. Sinclair Company. Licut Ray and Ensign Sinclair from there marched to Worcester drew three days rations and went to Springfield Massachusetts, from there to Great Barrington & Housatonic to West point — was there about two months, then went down the river to Kingsbury with about 300 others being a draft from two Regiments. — Licut Pinkham commanded the company with Ensign Sinclair that I was in — tarried there about seven weeks — from there by land through Pekskeel to West point and there discharged on the 19 th October but not as written discharge. — In 1781. I enlisted again in Sandwich under Captain Jacob Smith and marched to Conway and tarried there until they joined, then on account of my health I had permission to return home — was on duty at this time thirteen days — —
He hereby relinquishes every claim 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.
Eliphalet Smith
Sworn to and subscribed the day and year aforesaid, in open Court.
And the said Court do hereby declare their  its opinion that the above named applicant was a revolutionary soldier and served as he states.
Daniel C. Atkinson Judge of Probate
ATTEST— James Bartlett Reg.
I, James Bartlett Reg.  Clerk of the Court of Probate for said County, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Eliphalet Smith for a pension.
In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, this fifth day of December in the year of our Lord one thousand eight hundred and thirty two  three
ATTEST— James Bartlett Reg.

We John Pinkham a clergyman residing in the town of Sandwich N.H. and Jeremiah Furber residing in the same hereby certify that we are well acquainted with Ephraim Smith who has subscribed and sworn to the within declaration. That we believe him to be seventy one 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 - Sandwich N.H. Dec. 12. 1833.
John Pinkham
State of New Hampshire
Jeremiah Furber
Stratford N.H. Sandwich Dec. 12 1833 Then personally appeared the above named John Pinkham a clergyman and Jeremiah Furber a justice of the Peace & Quorum for the County of Strafford and made solemn oath that the above certificate by them subscribed is in their belief just and true.
In testimony whereof I have hereunto set my hand and affixed my Notarial Seal the day last above mentioned.
Paul Wentworth Notary Public