James Andrew Smith

James Andrew Smith, whose ancestry is unknown (or not traced here), was born at Maryland, in September 1755.¹ He died at Gibson Co., Indiana, 29 January 1838,² and was buried at the David Smith Cemetery, Owensville, Gibson Co., Indiana.³

James married Margaret Truax, daughter of John Truax and Margaret Mount, at Shelburne Parish, Loudoun Co., Virginia, 28 January 1783. Although some have said the marriage was in 1773, the copy of the marriage bond (in the pension file) clearly shows 1783, and the court affidavit includes the statement, "She was not married to him prior to his Leaving the Service..." A transcript dated 2 Feb 1841 of a marriage bond from Loudoun Co., Virginia, for "a marriage shortly intended to be held and solemnized between James Smith & Margaret Truax spinster of Shelburne Parish." James Smith and John Means were co-bondsmen. The bond was dated 25 Jan 1783 and another pension document shows the actual marriage date as the 28th. Printed volumes of Loudoun Co. marriages & bonds do not include this record and it is presumed lost.

The first two children, James & Polly, are either misplaced as to birth dates, are children of an earlier, unknown marriage, or belong to another Smith family entirely.⁴

On 9 August 1833, he made the following declaration:

Declaration of James Smith, State of Kentucky, Adair County towit:

At this 9th day of August 1832 personally appeared before the Justices of the County Court of Adair now sitting, James Smith a resident of Adair County aged seventy seven 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 7th 1832—

That he entered the service of the United States under the following named officers and served as herein stated—
He entered the service in the State of Maryland under Capt Ceraigen in the year 1775 or 6, the time not exactly recollected. Philip Smith was first Lieuteneant of the company. Was in a skirmish about 7 miles from Brunswick in the State of New Jersey. He resided at the time he entered the service in the State of Maryland Frederick County. His first tour was three months as a regular. He then served 2 months under Capt Carmock & marched over parts of the State of Jersey into the State of New York. He then served 2 months under Capt Humphrey in the State of Virginia and marched down about Williamsburg & Jamestown Va. He then served 2 months tour under Captain Monfet and was at the taking of Cornwallis & assisted in guarding prisoners to Pataomac river. There the militia took them and guarded them up to Fredericktown. He states that he has no documentary evidence to prove his services and that he knows of no person whose testimony he can procure who can testify to his service.

He states that he was in all in service about nine months, that he was at the taking of Cornwallis an orderly Seargent & previous to that time was Seargent of lower grades—He hereby relinquishes every claim whatever except the present, and declares that his name is not on the pension roll of the agency of any state—
Sworn to me and subscribed the day & year aforesaid
His
James X Smith
Mark

He later made an amendment (exhibited in court and ordered attached to the original, 1 April 1833):
By way of Amendment to his original Declaration the Subscriber States that Maj. Cox was with the troops where this Applicant was at the time he marched upon a two months term down about Williamsburg & Jamestown Va. He States that he was under Col Campfield at the taking of Cornwallis—he states that if he even received a written discharge he does recall it if however he did he has lost it. He states that he was born in the year 1755 in the month of September the day not recollected. He has no record of his age. He states that he known in the neighbourhood where he resides by Samuel Wilson and Joseph G. Walker who have certified their belief of his service as a Soldier of the Revolution and is known to a great many others who would testify that he is a man of veracity & that he is and has been reputed a Soldier of the Revolution if it were necessary but he conceives that the certificates of the foregoing named gentlemen is sufficient to fulfill the regulations of the Department.
His
James X Smith
Mark

Six months later he made a second amendment:
State of Kentucky, Adair County
Be it remembered that on this 12 day of Sept 1833 before the subscriber a Justice of the peace in and for the County afd James Smith a resident of the county of Adair State of Kentucky and made oath in due form of law that on the 9th day of August 1832 he made his declaration in the worshipful County Court of Adair for a pension under the act of Congress of June 7th 1832 and on the 1st of April 1833 he in the same Court made an amendment thereto to which Declarations he offers that as an amendment, he here begs leave to Correct a mistake in his original declaration as to his first tour he now sees it is stated to have been a tour of three months as a regular. This was so clearly a mistake he served as a volunteer militiaman instead of regular as there stated afterward the company was classed and he served as he has heretofore stated in his former Declarations and since making said declaration he recollected that some short time after he served the first tour under Capt Cormack of two months he was according to his class called and a second time for two months under the said Capt Cormack and Joined Col Woods regiment in this tour he was marched to Jersey and had a skirmish in that state near quibbletown. He faithfully served out his tour of two months and was Honorably dischared tho rec'd no written discharge. He states that the tour he served under Capt Humphreys he was a Sergeant what is called Second Sergeant and tour he served under Capt Moffit at the taking Cornwallis he was regularly appointed orderly Sergeant. When he entered the Service and continued to discharge that duty the whole of the Tour and untill he was discharged the Second tour he Served under Cormack is an addition to the service named in his former declaration which when makes a Service of Eleven months all of which Services he most positively states was done and performed by him in the war of the revolution for and on Behalf of the United States in a Corp called into service by Competint authority and for the time during which the services was performed he was not employed in any Civil pursuit and that he was in the field or in garrison and for which service he claims a pension subscribed and sworn to the day & year af'd.
His
James X Smith
Mark.⁵

On 12 February 1835, he reported to the pension bureau that he had moved from Adair Co., Kentucky to Gibson Co., Indiana because "...all his children had removed from Kentucky to the State of Indiana and that he removed there for the sole purpose of spending the remnant of his days with his children." Although clearly written by another (probably the Justice of the Peace, A.C. Mills), this document appears to be actually signed by James Smith, although he put his mark to his earlier declarations in Kentucky.

Andrew Smith and Stephen Daugherty attested to the identity of James. These were his son and son-in-law, although the relationships are not stated.⁴