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James Smith Esq, 1732 - abt 1804

Sidney and Murray Townships

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WHY I AM INTERESTED IN THIS SETTLER
James Smith is mentioned in many secondary accounts as one of the earliest settlers at the mouth of the River Trent around 1790 and as such more needs to be known about the man and his role in the area.

"In 1790, James Smith, a UEL, became a permanent settler, erecting a log house at the base of Bunker Hill, and in the same year John Bleecker, a son in law of Capt Meyers, a UEL who settled in Sydney, became another settler, and erected the first inn at the place which was designated to become the Trenton of the future. These appear to be the first real settlers of Port Trenton."
Source: The Evolution of Trenton, Thomas Jarrett, 1913, reprinted 1986, Kiwanis Club, Trenton. p. 4


Thanks to Peter Johnson and Frank Doherty for their assistance.

This is a long web page - so use these links to navigate up and down the page.
  1. Overview
  2. Commission of Conspiracies, 1777
  3. Petitions of James Smith Esq
  4. Will of James Smith Esq
  5. Children and grandchildren
  6. James Smith, eldest son of James
  7. Peter J Smith, son of James
  8. 7A. Children of Peter I Smith
  9. Henry Smith, son of James
  10. John Smith, son of James
  11. 9A. Children of John Smith
  12. Petitions of other local "Smiths"
  13. 1814 Map of the mouth of the River Trent
  14. James Smith, Constable, Crum Elbow, Nine Partners

1. OVERVIEW
James Smith was a Judge of the Court of Common Pleas in Dutchess County, New York who took on the rebels and was tarred and feathered for his actions in 1775. During the revolutionary war he was a prisoner for three years and then was back with the British and had a warrant to form a regiment under Col Abraham Cuyler. Coming to Upper Canada in 1789 he petitioned for land and was granted 700 acres, receiving 200 in Sidney Township. With 500 acres still due to him, in 1793, he moved and  made improvements to what he thought was vacant land on the eastern bank at the mouth of the Trent River. The surveyors had reserved this land and through a number of petitions and reports he finally was successful in getting possession of the land and in the process had his total grant enlarged to 1200 acres, "to put him on a footing with other Magistrates" in Upper Canada. He is last noted in the 1803 Murray Township census as a 71 year old man (thus born about 1732) probably living next to his son John. His will is dated 13 May 1803 and it was probated on 21 June 1805 so his death date is being rounded to 1804. He sold land in May and June in 1803 likely in an effort to settle his affairs.

No records have been found that describe what type of business James conducted - merchant, potash, farming, lumbering are all possibilities. As a magistrate he would have received income from certifying oaths and sitting in on Quarter Sessions but no records have yet been found naming him in these activities. His eldest son James stayed in New York State but sons Peter I Smith, Henry and John Smith all came to Upper Canada.  His youngest son John claimed in a petition that he had been operating a ferry service across the Trent since 1792. No daughters are named in his will so he either had none or they were married and may have already received a gift from James. James's wife is unknown and early records in Dutchess County or other parts of the north eastern US need to be researched to find out more about his American roots. It is possible that he had a brother Isaac Smith.

A good place to start the story is with the report of James Smith being tarred and feathered in 1775.

“New. York, September 27, 1775.
We hear from Dutchess County, that on Saturday, the 16th instant, James Smith, Esq., a Judge of the Court of Common Pleas for that County, was very handsomely tarred and feathered, for acting in open contempt of the Resolves of the County Committee, as was Coen Smith, of said place, for the like behaviour; they were carted five or six miles into the country. The Judge undertook to sue for and recover the arms taken from the Tories by order of said Committee, and actually committed one of the Committee, who assisted at disarming the Tories, which enraged the people so much, that they rose and rescued the prisoner, and poured out their resentment on this villainous retailer of the law.”

Source: American Archives: A Documentary History, A collection of authentic records, state papers, debates and letters and other notices of publik affairs, Pub. Peter Force, 1837, Series Four, Vol 3, 823, Internet Archive
Source: Diary of the American Revolution from newspapers and original documents, Frank Moore, vol. ii. New York, Charles Scribner, 1860, 138, (it quotes the above source and also Upcott, iv. 327), google books. The Upcott source has not been found.

Frank Doherty, author of the famed Settlers of Beekman Patent, had this to say about trying to identify James Smith Esq in the Dutchess County records. "Your James Smith is possibly the James N. Smith Esq. who was taxed Crum Elbow Precinct (Nine Partners).  There are a couple of references to a James Smith in the Committee of Correspondence minutes.  He was apprehended, there were depositions about him, he was named by mistake, and he was paroled.  In light of his presumed birth of 1730 I doubt it is the same man.  James Smith Esq. was first taxed 1744 and would have to be born ca. 1722 or so.  There are several other James Smiths in the county but none that seem to fit." [email 27 Dec 2010]

Regarding the above; the James N Smith may be a different man from the James Smith mentioned in the Committee records. In the section below on Commission of Conspiracy records it is speculated that the James Smith of Murray is the same man as the James Smith in the NY record.

James made 5 lengthy petitions to the Executive Council in Upper Canada and they are transcribed in the petitions section below. They make interesting reading and demonstrate the workings of the Land Board. He states his case in the petitions and the Council usually requests a report from the Surveyor General. Sworn certificates are often included verifying the truthfulness of the critical parts of his story. Decisions were often slow to be made.

The details of his years during the Revolutionary War are spread amongst the petitions and it matches well with the letter quoted above. In his first petiton in 1789 he states that he was a "Judge of the Court of Common Pleas in the County of Dutchess" and due to the "exertions of an unruly Mob and Committees was most inhumanly abused and partly lost the use of his right hand" and "had been tarred & feathered in the basest manner they could effect and afterwards much harrassed in Gaol and on board the prisonships for the space of three years" and "after that term ... was sent within the British Lines." He then states that he received half a dollar a day pension until "his family was sent within the British Lines" when he recived £37 per quarter for support.

James declares that he was a Captain and was given a warrant to raise a regiment under Col Cuyler. There are a number of accounts of this in the petitions below and the clearest and likely most accurate one is in the deposition by Cuyler himself in petition 24.

28th May 1793, To Whom it may concern, I hereby certify that Michael Stooth received from me the ??? in the month of October 1779 at New York, a warrant to Levy his proportion of men as Lieutenant in Capt James Smith Company of Refugee Volunteers, destined for the service of the North River under my Command and under the orders of Sir Henry Clinton then Commander in Chief of His majestys Forces at N York. Given under my hand & seal
[signed] A Cuyler Lt Col Commandant at half pay

In this first petition he requested 2000 acres but only received 200 acres [lot 3, Con 2, Sidney Township] with the additional statement that the "Land Board directed to propose the balance to make up 700 acres in total."

Curiously James was never added to the UE Loyalist lists maintained by the Council. Others who came after 1789 were added so his late arrival is not the main reason. Perhaps it is that he never actually raised his regiment that he was not added. His sons never petitioned for land as sons of a Loyalist. However James was given a generous grant so his support for the British cause was rewarded.

At some point James returned to New York to settle some matters and he wrote that he had taken his land warrant for 700 acres with him and he had left it with his family. Further he states in petition 24 that, "My family expecting my papers to be examined by the Rebels as thay had done before thought if thay found my warrant I should sertinly be put to Death and they Destroyed it on that account." This was to explain why he no longer had his warrant in 1793 when he petitioned to claim his remaining land.

In 1798 James states in petition 185 that he understood that he had "an additional 700 acres and to locate the same in any township then vacant" and that he "then settled on the east side of the River Trent in the township of Murray in the year 1793."

In 1793 James explains in petition 151 how he "took Lotts No 1, 2, 3 & 4 and began my improvements on the second lott on the North [sic - actually the east] side of the River" and asks for this land to be granted. Council sends it to the surveyor and DW Smith, [no relation] Acting Surveyor General reports two years later in 1795. It needs to be explained that the Trent River flowed through Murray Township and both shores of the river were in Murray. Sidney Township stretched from Belleville all the way west to just a few hundred yards short of the Trent River up to the eastern boundary of Murray Township. DW Smith in his report explained that to grant Smith the land along the eastern shore of the river "would materially interfere with the regularity of the Township of Murray, and that Mr Smith, some years ago, rec’d official information from Mr Chewett, as well as from Mr Aitken that all the space between the west boundary of the Township of Sidney and the east bank of the River Trent on which he has settled has been reserved by Mr Collins in the year 1787 for works of defence, etc."

Finally, six years later, in 1798 this matter gets resolved. On June 2, the Board declines the grant for the river bank land saying that "they do not consider themselves authorized under the ??? ???? to admit the petitioner to the portion of land he would have been entitled had he been commissioned as a Captain" but they do grant him 1200 acres to  "put him on a footing with other magistrates." (see petition 24). However 5 days later things change in Smith's favour.

On June 7 1798 James Smith petitons again (185) and on the very same day the Land Board issues this verdict.

Ordered that the Surveyor General be authorized to include the lots on which the petitioners improvements are placed in his location of the lands still wanting to complete the 1200 acres Ordered notwithstanding they may fall within Mr Collins Reserve, and should the improvements incroach upon any lot intended to be reserved, the Surveyor general is directed not to place the reserve upon that lot.

James Smith got his land! Why did he petition again on June 7 and get a same day response? Clearly the fix was in. We can imagine that he may have travelled to York, made his case and won support and was asked to petition again and he would get his land. In May 1800 Chewett & Ridout, surveyors issue a report and in June 1801 lots 1, 2, 3 in the 1st and  2nd concession of Murray lying between the eastern boundary line of the township and the River Trent. 649 acres, are granted to James Smith. In November of 1798, son Peter I Smith petitions on behalf of his father who is "an old man" for his 1200 acres and states that James Smith is living at Carrying Place, a few miles from the mouth of the Trent. Possibly he was living with his son John at that location.

Death of James Smith
In petitions 110 and 144 in the years 1797 and  1800, son John Smith petitions as "the son the late James Smith Esq." The word late is crossed out in the 1800 petition. In 1803, James Smith, age 71 is listed in the 1803 Murray Census beside what is most probably his son John, age 31. Usually petitions were written by a clerk for the petitioner who could not write his own petition. John's petitions appear to be in a clerk's hand and it is very possible that the clerk thought James was deceased. In the second case the error was seen and crossed out. James is not in the 1804 or any later census so 1804 is taken as his probable year of death. This is consistent with his 1803 will that was probated in 1805.

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2. COMMISSION FOR CONSPIRACIES, 1777
OVERVIEW
It is reasonable to conclude that James Smith Esq of Murray is the same James Smith Esq named in the Commission of Conspiracy minutes from 1777 below.

Committees of Safety evolved in Colonial America so that by 1775 they had become the operating governement of rebel side of the Revolution. New York abolished all committees in favour of the "Commissioners of Conspiracies".

Below are quotes from the minutes of the Commission for Conspiracies of NY involving James Smith Esq. There is no other James Smith in these extensive minutes. There is an excellent match between the minutes of the Commission for Conspiracies and the petitions of James Smith of Murray and this is the basis to speculate that they involve the same man.

James Smith Esq, in a petition in Upper Canada, states that he was a Judge in the Court of Common Pleas in Dutchess County, and in 1775 due to the "exertions of an unruly Mob and Committees was most inhumanly abused and partly lost the use of his right hand" and "had been tarred & feathered in the basest manner they could effect and afterwards much harrassed in Gaol and on board the prisonships for the space of three years" and "after that term ... was sent within the British Lines."

The Commission minutes below describe a James Smith Esq. The use of "Esq" is not insignificant as it denotes a man of some standing; a Judge for example. In 1777 he had been "removed to a neighbouring state for Notorious Disaffection". On Apr 29 1777, an order had been served for group of men to attend a meeting of the Board and that "some" felt it should be served to each individual and that James Smith demanded to see a copy of the order; an action that speaks to a demanding legal mind at work. Finally, 15 May, he is named in a list of men who are sent to prison ships at Esopus Creek. [Esopus Creek is a tributary of the west side of the Hudson River at Ulster County.]  The next day, 16 May, he is given a 5 day parole to go home. Presumably he returned to the prision ship and after 3 years of being in jail and on the prison ship "was sent" to the British lines.

COMMISSION MINUTES
Source: Minutes of the Committee and of the first Commission for detecting and defeating conspiracies in the state of New York, December 11, 1776 - September 23, 1778, with collateral documents : to which is added Minutes of the Council of appointment, state of New York, April 2, 1778 - May 3, 1779, New York Historical Society, Vol 1, 1924, available on Internet Archive, Thanks to Frank Doherty for stating that a James Smith was in this record.

Page 256
21 April 1777 Commission for Conspiracies, Board met.
Whereas James Smith Esqr one of the Persons comprehended in the Resolution of Convention of the 7th March last he having been removed to a Neighbouring State for notorious Disaffection to the Liberties of America hath most contumaciously and contemptuously neglected to appear before this Board agreeable to their Order of the 10th March last notwithstanding he has long since known thereof
 
Resolved that Col° Sutherland be requested to issue his orders to an officer of the Militia under his Command to cause the said James Smith to be apprehended and bro't before this Board forthwith and that this Board will defray the Expence thereof.
 
Page 264
24 April 1777 Commission for Conspiracies, Board met.
Lieut Jonas Parks appeared & informed the Board that he had apprehended & brought Prisoner James Smith Esqr.
And produced his accot amountg to £1..16
 
 
Page 269
29 April 1777 Commission for Conspiracies, Board met.
Stephen Atwaters being duly sworn, Deposeth & Saith That on the day before the last Fast Day in March last there were at the Deponant's house, James Smith Esq, Simon Nueum, John Wilsey, & Jas Atwaters Esqr. That a Conversation arose about the Order of this Board requirin[g] the Attendance of persons comprehended in the Resolution of Convention of the 7th of March last. That some of the Company Imagined that there ought to be a special service of it on each Individual whereupon said James Atwaters said that it was to be distributed through the Country, and that the persons who were the Objects of it were bound to take notice of it. That James Smith Esqr expressed a great desire to see the Order, and desired the said James Atwaters Esqr to procure him one, that a printed Copy of the said Order, has been affixed up at the Deponant's house, during which Time the said James Smith has several Times been there but whether he ever read it or saw it, the Dept does not of his own knowledge know. The Dept farther saith that the said James Smith was in the hearing of the Dept told that Israel Lewis had the Order, whereupon the said James Smith requested of the said Simon Nueum that if he saw Israel Lewis, to desire him to send it to him.
 
Isaac Smith being duly sworn, Deposeth & Saith That lately conversing with his Brother about the Order of  this Board of the 10th of March last, his Brother said, that he had heard there was such a thing abroad which he understood ought to be served upon him and that he did not wish to see it, or words to that Effect.
[margin note] Isaac Smith’s depn abt James Smith Esqr
 
Page 291
15 May 1777, Commission for Conspiracies, Board met. 
Resolved, That the following persons be sent up to Esopus, to be confined on Board the Vessells Station'd [prisonships] there for that purpose, Viz
 
Samuel Wood
Nathaniel Akerley
George Aims
Benjamin Burrows
William Yates
Elisha Powell
Edward Howard
[John Cummins]
John White
[Philip Sisco]
James Golin
Jonathan Thorne
[Michael Vincent]
Griffin Corey
Simon Knoxon
[James Smith Esqr]
Silas Dewel
Corns Luyster
David Garrison
Constant Nickerson
Robert Mc Edew
Charles Traver
Jacob Bush
Thomas Lawrence
Anthony Breamer
John Medler
Dominicus Muntfort
Johannis Laroy
William Wilsey
Barent A Van kleek
Enoch Lester
Jacob Backer
Francis Laroy
[Coonradt Smith]
Lewis Shear
[Stephen Thorne]
[John Cook]
Jabez Thorne
Nathaniel Worden

And the Commandg Officer at Esopus, or other person properly authorized to have the Charge & Custody of prisoners to be confined on board the Vessels there, is hereby required to receive & confine the said persons till the further order of this Board, or the Executive authority of this State
 
Page 293
16 May 1777 Commission for Conspiracies, Board met.
James Smith Esqr are permitted to go home on their parol, to deliver themselves in five Days from this Date, to the officer having the Charge & Custody of the prisoners at Esopus Creek.


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3. PETITIONS OF JAMES SMITH ESQ

PETITION 178
Kingston, 30 July 1789, Kingston, 
To his Excellency the Right Honorable Lord Dorchester Captain General, Governor and Commander in Chief of the Colonies of Quebec, Nova Scotia, New Brunswick, and there dependencies. Vice Admiral of the same Captain General, Commander in Chief of all his Majesty’s forces in said Colonies and the Island of Newfoundland etc etc
 
The Memorial of James Smith Esq humbly showeth
That your Lordships Memorialist bore his Majesty’s Commission as Judge of the Court of Common Pleas in the County of Dutchess in the Province of New York at the commencement of the late unhappy dissension in America, your Memorialist discharging his duty in that office by endeavouring to put a stop to the unlawful proceedings and exertions of an unruly Mob and Committees was most inhumanly abused and partly lost the use of his right hand
 
Your Memorialist had been tarred & feathered in the basest manner they could effect and afterwards much harrassed in Gaol and on board the prisonships for the space of three years ~
 
After that term Your Memorialist was sent within the British lines to New York where he obtained a warrant to train a company of men in the Colol Abram C Cuyler’s Corps after your Memorialist used his utmost exertions and unwearied pains at the loss of a vast expense in raising men for the said Corps, Still was frustrated in his most sanguine expectation in that point ~
 
But your Memorialist was allowed half a Dollar a day, as a pension for his support of untill his family was sent within the British Lines at the very time his Excellency Sr Guy Carlton took the Command, When his Excellency in his benign & humane goodness and wisdom ordered thirty seven pounds pr quarter for the support of your unfortunate Memorialist and his distressed family ~ Which benevolence was continued to them untill the treaty of peace was established
 
Your Memorialist’s indisposition and allacrity of other unfortunate circumstances prevented his leaving the United States till this present juncture of time by which unhappy event he omitted to put in his claim of losses which amounted to three hundred and sixty pounds well authenticated and proved as may appear
 
Your Memorialist prays that your Lordship will be pleased to consider his embarrassments and the services he had done and in compassion to his helpless & distressed family who could not possibly sooner claim the indulgence of government, be pleased to order him Two Thousand Acres of land in any place not already located in the district of Mecklinburg
 
And your Memorialist shall as in duty bound ever pray
James Smith
 
Kingston, July 30th 1789
His Excellency Guy Lord Dorchester Captain General Governor & Commander in Chief in Council, Quebec
 
178b
These may certify that Abrm C Cuyler And his Excellencys Sir Henry Clinton warrant for Raising a Regiment of foot under said Coll James Smith Esq Had a warrant to raise a Company as a Captain if I remember Right the appointment was in the year 1779 at New York
Adolphustown 24th June 1789
To whom it may concern
[signed] P.V. Alstine
 
Personnaly appeared before me Daniel Cole and maketh Oath that to the best of the His Recollection he knew James Smith Esq to be Possessed of a warrant to raise a Company of men in the year 1779 to be under the Command of Abraham C Cuyler Esq ? Order of His Excellency Sir Henry Clinton
Danl his x mark Cole
Sworn before me at Adolphustown
This 24th day of July 1789
Nicholas Hagerman JP
Source: UCLP, RG1 L3, LAC, S/Misc 1787 – 1794, V494, 178, film C-2832
 
1790 QUEBEC LAND BOOK ENTRY
[155] "And on the claims of James Smith, Martin Fraleigh & John Ferrier the Committee are led to consider them as meriting consideration from the remarks made on the petitions, by the Board at Mecklenburg as men of tried loyalty; they therefore humbly offer their opinion, that Alexander Chisholm, James Smith, Martin Fraleigh and John Ferrier may obtain or ??? the bounty granted by the  board at Mecklenburg, an additional quantity to make in all 700 acres to each"
[167, 169] James Smith, date of location 12 Aug 1789, 200 acres, Lot 3, Con 2, Sydney
Land board directed to propose the balance to make up 700 acres in total
Source: 20 Jan 1790, Quebec Land Book, 1787 - 1791, AO, C-100, pages 155, 167, 169   
 
PETITION 151
24 Dec 1793, Sidney, James Smith, your petitioner came to this province in 1789 and made application to the Honorable Board for Land who advised me to petition Lord Dorchester which I did and his Lordship was pleased to order me Seven Hundred Acres to be taken up any place not already granted and on enquiry found none would answer until I came to the River Trent and was informed those lands were vacant. I then took Lotts No 1, 2, 3 & 4 and began my improvements on the second lott on the North side of the River sending my credentials to Mr Jones then Acting Deputy Surveyor at Niagara for a full confirmation of my lands which your petitioner prays your Excellency will take into consideration and grant it to him as the loss of his possession added to his former in the late War will be the entire ruin of him. I have  for your perusal enclosed Dr Stewarts letter & who at the time of my obtaining the order from the Governor and Council at Lower Canada was on the Board in this District for granting lands to Loyalists which may with so many other just pretentions induce your Excellency to grant my prayer in which your petitioner will be in duty bound to pray
[signed] James Smith [151a and b]
[on fold] Report ot Surveyor Genl to report on the claim of petitioner
 
Newark, 28th June 1794, the memorial of Peter Van Alstine Esq in behalf of James Smith Esq late of Dutchess County, state of New York
Humbly Sheweth that James Smith Esq has not long sonir? memoriald Your Excellency in Council for a grant of land on the River Trent for seven hundred acres of land, as followes, beginning at a certain stake standing on the north side of the said running forty chains Northwest as the River runs one hundred and seventy five chains, from there southwest till it strikes the said River always keeping forty chains from the River which will contain seven hundred acres with the usual allowance of land for highways in should be added, and Your Excellency memorialist as in duty bound will ever pray.
[signed] P.V. Alstine [151c]
Read in Council June 28 1794 Prayer of petitioner granted referred to Surveyor General respecting the location. [151d]
Source: UCLP, RG1 L3, LAC, S1 Misc/151 1792 – 1796, V448a, film C-2806
 
PETITION 15 [check again]
On 24 Dec 1793 at Sidney, James Smith, having been in Upper Canada since 1789, petitions for 700 acres on the north [sic] side of the River Trent and which he previously took -  lots 1, 2, 3 and 4 and improved lot 2. 
Source: UCLP, V448, S1/15, AO, C-2806, see also Land Book A, pages 148, 181 

REPORT 174
On 24 Apr 1795, DW Smith, act Surveyor General submits a report that states that James Smith's petition for 700 acres can’t be satisfied. It clarifies that the river runs north south and that James Smith has started to settle the east side. He writes that the lands "would materially interfere with the regularity of the Township of Murray, and that Mr Smith, some years ago, rec’d official information from Mr Chewett, as well as from Mr Aitken that all the space between the west boundary of the Township of Sidney and the east bank of the River Trent “on which he has settled “ has been reserved by Mr Collins in the year 1787 for works of defence, etc." 
Source: UCLP, S1/174, V448, AO, C-2806, see Land Book A, page 252 

PETITION 24
(Spelled as written, difficult to read and appears to be written in his own hand.)
Rec’d 24 May 1797, The patiuon James Smith Esq to Peter Russell Esq Acting Governor, that your patuonor had a warrant as Capn of Company of Foot in a Regiment or Coy Comanded by Abraham C Cuyler who had a warrant from Sir Henry Clinton as Liet Colo in the late American war to raise a batalion or Comy For the British forces by your petitioner.
 
Hath all ready drawn Nine Hundred acres of land, two hundred by a surtificate from the Board at Kingston and seven hundred by the order of your Honorable Council and the remainder of my draw your Excellency will please to ordor:
 
I should have sent you my warrant but as my return home from New York after peace was concluded on:
 
As soon as I came into the County of Dutchess whare the rest of my family was was from with a warrant by the Sherif and Committee to ??? for returning home contrary to my order of banishment which was during ?? and left any papors at home with my warrant.
 
My family expecting my papers to be examined by the Rebels as thay had done before thought if thay found my warrant I should sertinly be put to Death and they Destroyed it on that account. But to surtyfy to you ?? I had one I send you Colo Vanalstines sertificate and you may see Mickel Slutts [note: Michael Sloot granted lot 20, Con 1, Sidney] papors sertyfyed by Colo Cuyler thats ??? that his warrant undor etc etc if ?  ???? your ordor should be glad to have it as soon convenient and your petitioner shall ever pray
[signed] James Smith
 
[on fold 24a] Read 2 June 1798, The Board having made conscious the possessions of the petitioner & finding that the petitioner had only a warrant to raise men for Corps to be commanded by Lt Col Cuyler which had not been confirmed by a commission they do not consider themselves authorized under the ??? ???? to admit the petitioner to the portion of land he would have been entitled had he been commissioned as a Captain. But in consideration of the Petitioners sufferings & former services to the King the Board orders that the land he has received be made up twelve hundred acres under the old regulations P.R. [Peter Russell]
 
[24b] 28th May 1793, To Whom it may concern, I hereby certify that Michael Stooth received from me the ??? in the month of October 1779 at New York, a warrant to Levy his proportion of men as Lieutenant in Capt James Smith Company of Refugee Volunteers, destined for the service of the North River under my Command and under the orders of Sir Henry Clinton then Commander in Chief of His majestys Forces at N York. Given under my hand & seal
[signed] A Cuyler Lt Col Commandant at half pay
 
[24c] Adolphustown, May 13th 1798, This is to certify that I was knowing to James Smith Esq having a warrant as Captain of a company in a Regiment or Comy in that was to be Commanded by Abraham C Cuyler Lieutanent Colo in the British services and that I had a warrant under him as Lieutenant as a witness my hand & seal
 And I have drawn land on the same ???
To Whome it may concern
[signed] Michaell Stooth
 
[24d-f]
Aug 21 1793, Kingston, Dear Sir, According to Promise, I have made all the Inquiry possible, respecting your lands; and, it appears that no memorandum of that business has been made by the Clerk of the Land Board. Therefore, I can only certify, personally, what I recollect of the affair. Which is, - That, on your arrival here, / the year I cannot specify / you applied for, and obtained a Grant from our Board for 200 acres of land. – Some time afterwards, at our Recommendation, you presented a memorial to L. Dorchester, in which your sufferings & services were particularly set forth; in Consequence of which, his Lordship was pleased to order that you should receive 700 acres of Land: - This order you produced to the Board; or it was communicated to them, in the minutes of the Govr & Council from Quebec: I do not precisely recollect which: Bit I know that such an order did exist – And I apprehend the reason that this does not appear in our minutes, is, that your Business, after the Govr granted the Prayer of your Petition, was with the surveyor, and not with the Land Board; especially, as the lands which you desired to locate, were not within the limits of our Jursidiction, being on the west or south side of the River Trent, - This is all that I remember of the business in Question; If it is of any service to you, I shall be very happy; and you have my Permission to make what up you pleae of my name, a sfar as the contents of this letter will authorize.
I am sir
Your Friend & very Humble servant
[signed] John Stuart
[address] Mr James Smith near the River Trent, Bay of Quente, Mr J Ferguson
 
[24g, h]
Sepr 3 1790, Kingston, Dear Sir, I received your letter, and am sorry to hear of your distress: But, I hope, before this time, you may have found means to extricate yourself from your difficulties. – I sent a verbal message to you, in the latter part of the winter, by a Mr Isaac Vanderpool; which I find, has not reached you. I can now inform you, that the Board has received an answer to your memorial, and his Lordship has consented to allow you seven hundred acres of land – and, I need not add, that you will find no difficulty in obtaining Possession of it, as soon as you can appear here in person.
I am dear sir Your very hum Servant
[signed] Jno Stuart
[address] To Jnage [sic] Smith, Montgomery County, The care of M Frey
 
[24i]
Adolphustown, 27th January 1797, To whom it may concern, These may certify that James Smith Esq had a warrant as Captain from Abraham C Cuyler who was under warrant from Sir Henry Clinton as Lieut Collenel in the late American War to Raise a Batalion or Core for the British Services
[signed] P.V. Alstine
Source: UCLP, RG1 L3, LAC, S1/24,  1797 – 1799, V450a, film C-2807
 
PETITION 185
Rec’d 7 June 1798, James Smith, came into the province in 1789 and received a certificate of the Land Board at Kingston  for 200 acres of land in Sidney Township. The Land Board then informed him that he must acquaint Lord Dorchester of his approach, his Lordship being acquainted with of your petitioners services and loyalty, ordered an additional 700 acres and to locate the same in any township then vacant in the province of Upper Canada.
 
Your petitioner then settled on the east side of the River Trent  in the township of Murray in the year 1793. Mr Atkins, deputy Surveyor General asked your petitioner under what pretense he held that land saying it was reserved by Mr Collins in the year 1797. Your petitioner then made known his claim by a petition forwarded by Capt Peter V Alstine which indulgence His Excellency was pleased to grant – referred to the Surveyor General for his report – the Honorable Surv. Gen . has returned the report reserved – Your petitioner prays your Excellency will take into consideration and grant him the privilege of obtaining a title in fee simple for the within mentioned seven hundred acres of land in which indulgence … will ever pray. James Smith
[fold] Read the same day. Ordered that the Surveyor General be authorized to include the petitioners improvements in his location of the lands still waiting to complete the 1200 acres ordered notwithstanding they may fall within MR Collins reserve and should the improvements incroach upon any inteneded to be reserved the surveyor general is directed not to place the Reserve on the lot. PR.
Source: UCLP, RG 1 L3, LAC, S4/185, 1797 - 1799, V451, C-2808

LAND BOOK
7 June 1798, James Smith Esq, Praying to be confirmed in the 700 acres ordered him by Lord Dorchester, and that an additional allowance may be assigned him, to put him on a footing with other Magistrates, and also to have the reserves taken of [off] his lots on which his improvements stand.
Ordered that the Surveyor General be authorized to include the lots on which the petitioners improvements are placed in his location of the lands still wanting to complete the 1200 acres Ordered notwithstanding they may fall within Mr Collins Reserve, and should the improvemenets incroach upon any lot intended to be reserved, the Surveyor general is directed not to place the reserve upon that lot.
Source: Upper Canada Land Book D, Dec 1797 to June 1802, RG 1 L1, Vol 21, LAC, C-101
 
MIDLAND DISTRICT c1800
James Smith is shown as having been granted lot 3, Con 2, Sidney and no other lot in Sidney.

Source: Return For Midland District, Schedules and Rolls, 1794 - 1922, Vol 5 - 16, Vol 11, c1800, RG1-30-0-5, MS400, reel 7, AO

TOWNSHIP PAPERS
* 23 May 1800, survey report to James Smith Esq UE regarding parts of lots 1, 2, 3 in the 1st and  2nd concession of Murray lying between the eastern boundary line of the township and the River Trent. 649 acres. Chewett & Ridout 
* 9 Sept 1800, Fiat of a grant of 659 acres being of the above to James Smith Esq. 
Source: Township Papers, Murray, RG 1-58, AO, MS 658, reel 330, items 654/7


MURRAY TP
*  Lot 2, Con 1: The abstract index for Murray shows James Smith being granted that part east of the Trent and Eliakim Weller being granted that part west of the Trent in June 1801 and May 1802 respectively. 
*  Lot 1, Con A: 1 Mar 1801, patent to John Blacker for 17 acres. On 31 Dec 1821 John and George Blacker sell the land to Adam Henry Meyers.
Source: Abstract index for Murray Tp, Northumberland Co, GSU197818 or GS4767


SELLS TO JOHN ROW
#17, 26 May 1803, James Smith, Esq, Murray sells 95 acres to John Row, miller, part lot 2, Con 2, Murray   … witnessed by John Smith, William Cunningham and Henry Ripsom all of Murray.
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #17

SELLS TO HENRY RIPSOM 
Note, In 1808 Hnenry Ripsom sells this land to Adam Henry Meyers including the mill that had been erected on the land.
#26?, 25 June 1803, James Smith Esq, Murray sells to Henry Ripsom, Miller, 10 acres, lot 2, Con 2, Murray, south easterly corner of a “ piece of land sold by James Smith to William Fairfield for a mill seat” north to land sold by James Smith to Peter Row, witnessed by Peter Row and Henry Smith, reg 3 Oct 1803
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #26?
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4. Will of James Smith Esq
[Note: Peter I Smith is a son who died before April 1800 and his children are identifed in this will. Also note that there are 7 beneficiaries who share in equal parts. John's proportion is not part of the shared remainder.]

The last will and testament of James Smith, late of the Township of Murray in the County in Northumberland in the District of Newcastle and Province of Upper Canada, Esquire.
 
In the name of God Amen. I James Smith ……. Being weak in body but of perfect mind and memory and knowing that it is appointed for all men once to die, do make and publish this my last will and Testament in manner and form following, First, I recommend my soul into the hands of God, that gave it me and my body to the Earth from whence it came not in, in the least doubling but I shall receive a Joyful Resurrection, and as to what Estate it hath pleased God to bestow me with, I dispose of as follows – I have already given to my youngest son John, Lot No one in the first concession of Murray, and one yoke of oxen, which is his full proportion.
 
The remainder of my estate real and personal, I dispose of as follows – First I order, that my just debts and funeral charges be paid by my executors that is hereafter named, and the remainder to be divided in equal parts viz James, Henry, and the Heirs of my deceased son Silas, Dorcas, Easter [Esther], Phebe and Bathsheba or their heirs – and I do hereby appoint my son James Smith, junior, with my trusty friends Mathias Marsh and William White both of the Township of Sidney in Upper Canada, my executors, and for their trouble give each of them on Guinea a piece over and above all expenses and trouble – and I do hereby denounce, and declare all former wills to be void and this to be my last will and Testament. Given under my hand and seal this thirteenth day of May and in the year of our Lord one thousand eight hundred and three.
 
Signed sealed and delivered in the presence of
[all signed]
Samuel Gifford
Daniel M Dean
Isaac Dean
 
James Smith
Registered in the Court of Probate 21 June 1805 and a probate thereof issued to the executors dated the 5th March 1816
 
I William White of the Township of Sidney, in the Midland District being one of the people called Quakers Solemnly affirm that I do believe the above will to be the last will and Testament of James Smith deceased and that I will faithfully administer the goods chattels rights and credits of the said decedant and pay his debts as far as his affects will permit & the law shall bind me
[signed] William White
The affirmation when before me at York this 21st day of June 1805.
A Ferguson JP
Source: Probate Court Estate Files, UC, 1793-1859, AO, RG 22-155, MS658, reel 65, item 3
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5. CHILDREN and GRANDCHILDREN of James Smith Esq.

This is just a quick overview of each child. See the more extensive records in each section below.

James Smith Esq, wife unknown, from Dutchess Co, NY, likely has a brother Isaac, settles in Murray Twp.
His Children:
  1. James Smith [junior] - He stays in New York state and in 1812 is described as a yeoman from the Township of Canojoharie, Montgomery County, NY and in 1835 he is a 'gentleman' living in Salina, Onondaga Township, Jefferson County, NY. 
  2. Peter I Smith was a Lieut in the Kings American Regiment, came to Upper Canada and died about 1800. His children below are all named in his father's will. Some of his children have been found in other records - see below.
    • Silas - He was possibly living as a 6 year old with his uncle John Smith in Murray Township 1803 and later as a farmer in Sidney Township. Likely Silas was a younger child of Peter.
    • Dorcas - She stayed in the US and record says her "father was an officer in the British army during the Revolutionary war" and she married Joseph Carpenter, who was a merchant of Bangall, and a justice of the peace of the town of Stanford. [Nine Partners Patent, Dutchess County]
    • Esther - no further record has been found.
    • Phebe - no further record has been found.
    • Bethsheba - She married a man named Thompson and her daughter was Rebecca Thompson of Township of Amenia, Dutchess County, NY
  3. Henry came to Upper Canada around 1794 wife his wife, daughter of George Elmes UE, and died before 1817. His son Seymour is identified in a land record.
    1. Seymour lives in Sharon Township, Schoharie County, NY
  4. John, the youngest, comes to Upper Canada and marries Phebe Lake, daughther of Nicolas Lake UE and settles in Murray Township as a yeoman. Children Silas (1797), Polly (1799), Betsy (1809) and maybe Martha have been identified below.
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6. JAMES SMITH, eldest son of James

OVERVIEW
James Smith [junior] stays in New York state and is described as a yeoman from the Township of Canojoharie, Montgomery County, NY and in 1835 he is a 'gentleman' living in Salina, Onondaga Township, Jefferson County, NY. It appears that James, "eldest son and heir" bought out the one seventh shares of his brother John, nephew Seymour and nieces Bathsheba and Dorcas (see below) and then sold his entire holding to Henry Ripsom in 1835.

LAND RECORDS
#378, 16 March 1812, B&S, John Smith, Murray, yeoman, sells to James Smith, Township of Canajoharry [Canajoharie] County of Montgomery, State of New York, yeoman, 100 acres, part of lot 1 and 2, east side of the River Trent, Con 1, Murray, beginning on the bank of the Bay of Quinte, in the centre of lot 1, north to the concession line between the first and second concession then south then east till it “intercepts the River Trent, thence down the river as it runs to the place of beginning” … “except the reservation in the original grant from the crown”, witnessed by John R Bleecker and george Bleecker. Both yeoman, Murray, reg 24 June 1813.
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #378
 
#574, 5 Sept 1817, “Seymour Smith of the Township of Sharon in the County of Schoharie, State of New York, Grandson of the late James Smith of the Township of Murray, Esquire, deceased, and son of Henry Smith, deceased, who was the natural son of the said James Smith aforesaid, by the last will and testament of the said James Smith made heir to one seventh of all lands and tenaments the said James Smith possessed of within the said province” sells to Henry Ripsom, Murray one seventh of all lands of lots 1 and 2, Concession 1, and lots 1, 2 and 3, Con 2 in Murray not sold by James Smith before his decease …. Lying on the easterly shore of the River Trent, also one seventh of lot 19, Con 5, Haldimand … witnessed by John Finkle and Warham Noble, both of Murray, Registered 18 Sep 1817
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #574

#868, 4 Mar 1818, deed of conveyance and right of heirship from Rebecca Thompson, Township of Amenia, County of Dutchess, State of New York, only heiress of Bursheba [Bethsheba] Thompson, deceased, who was one of the heirs of James Smith, Esq, for $200 to James Smith, Township of Canajoharry, County of Montgomery, State of New York, her equal share of lands in Murray, easterly side of the River Trent, parts of lots 1, 2 and 3, Con 1 and lots 2 and 3, Con 2, Murray, witnessed Henry Ripsom, William Row, reg 1 Dec 1821
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #868  

#866, 22 Feb 1820, B&S, Henry Ripsom, Murray, £25, sells to James Smith, all the right Title interest claims and demands the said Ripsom now holds by purchase of Seymour Smith the only heir of Henry Smith who was one of the the heirs by will to the estate of James Smith deceased … witnessed by John Smith and John R Bleecker, Murray, reg 3 Nov 1821.
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #866  

#814, 23 Feb 1820, B&S, James Smith, Township of Canajoharry, County of Montgomery, State of New York, for £160/10/0, sells to Henry Ripsom, Murray, 130 acres, parts of lots 2 and 3, Con 1, Murray, from a white oak sapling standing at the rear of Con 1, then north and then west till it intercepts the River Trent, witnessed by John Smith and John R Bleecker, reg 23 May 1921
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #814  
 
#869, 22 Feb 1820, being the equal part of a number of broken lots in the District of Newcastle .. being lands given by will to Dorcas Carpenter, namely lots 2 and 3, Con 2, Murray and lots 2 and 3, Con 1, Murray, formerly granted to James Smith Esq by government … she hath sold for $200 to James Smith, witnessed Henry Humphrey, Henry Ripsom and Bartlett Bump?, reg 1 Dec 1821
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #869

#3788, 25 Feb 1835, James Smith, Town of Salina, County of Onondaga, State of New York, Gentleman, formerly of Canagoharie [sic], County of Montgomery, State of New York, eldest son and heir at law of James Smith, late of the Township of Murray, esquire, deceased sells to Adam Henry Meyers, Murray, Esquire, Barrister, £400, 646 acres in Murray, lots 1, 2 and 3 in Con 1 and lots 1, 2 and 3 in Con 2 on the east side of the River Trent … as described in the original letters patent of a grant thereof from the Crown to james Smith Esquire, deceased, also … 100 acres, south or front half of lot 6, con 2, Percy township which is more particularly described in the letters patent, witnessed David Murphy, Town of Water town, County of Jefferson, State of New York laborour? and Edward Kemp of the same place trader, sworn at Kingston, 26 Feb 1835
Source: East Northumberland County, Deeds, Murray Twp, Vol 2, AO, GS4769, #3788
 
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7. PETER J SMITH, son of James

OVERVIEW
Peter J Smith identifies himself as a son of James Smith Esq of Murray in petition 58. Lieut Peter J Smith has a very distinctive signature and it may be that he is Peter I Smith but in comparing his handwriting in a few petitions it appears that his name is Peter J Smith. In petition 31 Lieut Peter J Smith declares in Feb 1796 that he was a "late Lieut in His Majestys Kings American Regiment of Foot [KAR] … was in the Province of Upper Canada for this three years and has made considerable improvements on lands which he has purchased in Sydney on the Bay of Quinty." In  petition 213 he is asking for lot 11, Con 1 in Sidney and states that "I am erecting a sawmill near it". In 1797 Peter leads a group of inhabitants in and around Rawdon Tp, up the Trent, to petition about the need for a mill and he records that he has 2000 acres of land. In Nov 1799, his brother John petitions to be given the 2000 acres in Rawdon that were granted to his "deceased brother, Peter I Smith".

On 7 April 1800 a small number of men petition about the fact that they "are creditors of the late Peter J Smith, Esq, deceased, to a large amount. In his lifetime he bargained away 2000 acres to James Frederick, a tranchent person, to build a sawmill and race." One wonders if some of the 2000 acres was part of the 1200 acres still owing to his father.

Peter Johnson, past president of the UEL Assoc of Canada had this to say about Peter J Smith. "In checking my listings of Regiments who served in the South  (Carolinas etc.) I find in the KAR a Lt. Peter T. SMITH so that matches, and as we know that "T" may have been a different letter as the transcription could be off.  Besides, he is a lieutenant. The Muster is dated 1781. The KAR was a NY area regiment, but many of these regiments were sent South when the main action shifted to that area, so finding these people farther South at that time is to be expected. In short what is in the petition of Peter "T" SMITH seems to be confirmed. As for The Executive Council List, there are several Peters, but one is Peter "I" or "J" - hard to tell. Definitely not "T". I would think this is the Peter in question.  Listed as of Marysburgh and Sophiasburgh." Of course to find KAR veterans in 'our' area is not the norm. The KAR was disbanded in the Maritimes. Of course it is possible - like the STONEBURGH case. [email 27 Dec 2010]

Peter died between 6 Nov 1798 when he petitions and the 18 Nov 1799 petition of his brother John where Peter is stated as "deceased." His father James lists Peter's children as heirs of "my deceased son" in his 1805 will.

UE LIST - LOYALIST
Peter J Smith: Marysburgh and Sophiasburgh, Lieut. Kings American Reg't
Source: The centennial of the settlement of Upper Canada by the United Empire Loyalists, 1784-1884; the celebrations at Adolphustown, Toronto and Niagara, with an appendix, containing a copy of the U.E. List, preserved in the Crown Lands Department at Toronto, 1885, Rose Pub, page 257

PETITION 213
8 Jan 1795, Sidney, Lieut Peter J Smith, has been in the province for this three years and has done everything in his power to promote this good and will??? Government and has as yet not as yet had any lands granted him and there is ??? that has been drawn by one Daniel Celly? [Note: Lt Daniel Killen was granted the land] Lotts No 11 in front and rear and said Celly not ever having taken possession or made the least improvement but went amediately to the States where he now lives …. Prays the lotts may be granted to him [signed] Peter J Smith
 
[fold] Referred to Surveyor Geneal to report on the quantity of land the petitioner may be entitled to & the ?? ??? . Entered in Land Book B, page 58
 
9 Nov 1793, sworn deposition of John Lott of lawfull age, that he owns lot 10 in the first and second concession of Sidney and hath improved the same since the year 1787 and further saith that the person who owns lott 11 in the first and second concession of Sidney hath done nothing on said lott … and that he John Lott hath assisted in clearing the Road thru said lott from time to time but saith that he knows not the man who holds the certificate … witness John his  X mark Lott. Sworn before me Caleb Gilbert, JP
… [on the same page there is a second deposition of Henry Seaman [actually Simmons] who owns lot 12 saying the same things.]
 
8 Jan 1795, Sidney, Peter J Smith, Dear Sir, you will pardon my taking this freedom by intruding on your goodness But the land I have petitioned the Governor for is the Land I acquainted you of some time a gone and they are lying men? – Some lands I have purchased which will be very convenient for me as I am erecting a sawmill near it and there is good timber on those lotts but if not soon taken care of will be destroyed. It is very much hurt already I taken the liberty of inclosing some ???? and a petition to his Excellency and shall be under many obligations to Majr Littlehals? If he will deliver them and send me permission? By my brother who will be the bearer. Peter J Smith
Major E B Littlehals
Source: UCLP, RG 1 L3, LAC, S2/213, 1796-1797, V449, C-2806
 
PETITION 31
1 Feb 1796, York, Peter J Smith, late Lieut in His Majestys Kings American Regiment of Foot … was in the Province of Upper Canada for this three years and has made considerable improvements on lands which he has purchased in Sydney on the Bay of Quinty – prays that he may have His Majestys bounty of lands granted to him in the land of Murray if ???? in the nearest vicinity to him  which lands your Petitioner is ready to improve … for ever duty bound
[fold] rec’d 19 Feb 1796, No 794, Lieut Peter I Smith, produced his commission
Source: UCLP, RG 1 L3, LAC, S Misc/31, 1796-1798, V447a, C-2805

PETITON 13
28 March 1798, To John Small Esq, Sometime last Jan I left in your office the following papers which Mr Lawnsberry is requested to obtain the warrants for –
            Joseph Rosebush – a certificate from the Land Board appoints? for such purposes at the bay of Quinty
            Solloman Rosebush a similar one given by the same Board –
A Petition by Hannah Finkle daughter of George Finkle a petitioner now wife to Sollomon Rosebush who prays for his Majestys bounty as a Daughter of a subject –
            Jacob Fuss? son the Frederick - a soldier in Sir John Johnsons First Battalion Now of full age prays for a warrant
 
Sir, you will observe the lanberd? ? ?its is of an ?? ?? the Petitioners I gave and have taken full affadavits and vouches? for my Proceedings? – you will be pleased to observe these papers are amongeth those I enclosed to you at Niagara with a number of others. If you will be please to forward Mr Lownsburry in this business you will be serving your friends at the Bay of Quinty who wish is to please you in all respects – My Compliments to the Mrs Small and Family. I am yours. Peter J Smith
Source: UCLP, RG 1 L3, LAC, S Misc/13, 1796-1798, V447a, C-2805

PETITION 58
York, 6 Nov 1798, Peter Smith, on behalf of his father James Smith Esq of the Carrying Place, Bay of Quinte, UE, Humbly Sheweth
That your petitioner’s father is an old man and is desirous to receive a Patent for the 1200 acres of land granted him & located – a great part of which is considerably improved.
That your petitioner is purposly comes to this place in order to receive the said patents, but as the descriptions have not as yet passed the Surveyor Generals Office, your petitioner himself prays your honor to pleased to dinot [denote] them to pass as soon as the Surveyor General can make it convenient and your petitioner ever duty bound will ever pray
[signed] Peter J Smith
Rec’d 6 Nov 1798
Source: UCLP, RG1 L3, LAC, S Misc/58, 1783 – 1818, V446a, film C-2805

PETITION 16 
7 Apr 1800, Kingston, petitioners are creditors of the late Peter J Smith, Esq, deceased, to a large amount. In his lifetime he bargained away 2000 acres to James Frederick, a tranchent person, to build a sawmill and race and James Frederick on his part has not the smallest degree filled. Asking him to finish mill or settle the matter fairly. Joseph Anderson, Peter VanAlstine, John Blacker, Asa Wallbridge, Nathan Curtis. 
Source: UCLP, RG 1 L3, Vol 1, A Misc, #16, film C-1619
 


7A. CHILDREN OF PETER J SMITH
  1. SILAS - A man named Silas is living with John Smith in the 1803 Murray census and may be the younger son of Peter I Smith who came to Upper Canada with his father.
    1. 28 Oct 1822, Belleville, Silas Smith, yeoman of Sydney, petitions for a lease of lot 26, Con 9, Sydney, held under the Clergy Reserve. He is granted the request. In an affadavit dated 1 May 1822; Solomon Hazelton certifies that "Silas Smith of the aforessaid township, son of a UE loyalist, hath taken the oath of allegiance ..." Source: UCLP, RG 1 L3, S Leases 1818-1831, #257, V 492, C- 2831, pp. 441-8
  2. DORCAS: #869, 22 Feb 1820, being the equal part of a number of broken lots in the District of Newcastle .. being lands given by will to Dorcas Carpenter, namely lots 2 and 3, Con 2, Murray and lots 2 and 3, Con 1, Murray, formerly granted to James Smith Esq by government … she hath sold for $200 to James Smith, witnessed Henry Humphrey, Henry Ripsom and Bartlett Bump?, reg 1 Dec 1821
    Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #869

    “Daniel Carpenter ... was born in Hempstead, and in 1752 came to Dutchess county, where he bought a farm at Crum Elbow, Hyde Park, and there died in 1777. On February 4, 1729, he married Sarah Hall, of Hempstead, by whom he had six children: (i) Joseph Carpenter, who was a merchant of Bangall, and a justice of the peace of the town of Stanford, married  Dorcas Smith, whose father was an officer in the British army during the Revolutionary war; they had five children: John and Smith (who both entered the naval service), Joseph, Benjamin and Dorcas. (2) Daniel, who was a resident of Fishkill. (3) William. (4) Joseph. (5) Benjamin. (6) Mary, Mrs. John Carpenter.”
    Source: Commemorative biographical record of Dutchess County, New York, J. H. Beers & Co., 1897, 21-22, Internet Archive
  3. BETHSHEBA: #868, 4 Mar 1818, deed of conveyance and right of heirship from Rebecca Thompson, Township of Amenia, County of Dutchess, State of New York, only heiress of Bursheba [Bethsheba] Thompson, deceased, who was one of the heirs of James Smith, Esq, for $200 to James Smith, Township of Canajoharry, County of Montgomery, State of New York, her equal share of lands in Murray, easterly side of the River Trent, parts of lots 1, 2 and 3, Con 1 and lots 2 and 3, Con 2, Murray, witnessed Henry Ripsom, William Row, reg 1 Dec 1821
    Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #868  
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8. HENRY SMITH, son of JAMES
OVERVIEW
Henry Smith came to Upper Canada in 1794 with his wife Mary, daughter of George Elmes, and 3 children and was granted 200 acres. A Henry R Smith received lot 21, Con 7, Sidney and this may be the same man. The land books for 1797 did not survive so finding what lot he received needs more work. In 1817 his son Seymour identifies himself as the only heir of Henry Smith, deceased suggesting the other children were deceased or not mentioned in Henry's will. No will has been found. Henry is re-elected Twon Clerk for Sidney a number of times. See Sidney Minute Book.
 
A Henry Smith, "surveyor, Sidney" is a very frequent witness to land deeds in the Hastings County Copybooks. Unless proven otherwise, it is assumed that this Henry is the same man as above. Henry is first named in 1802 and first as a surveyor in 1805. He is named 16 times in Book A from 1802 to 1811. He is last named as a witness on 22 Jun 1814 in Book C - see instrument 311. His wife wife is named as Mary Smith in 1807 as a witness in a land deed in Book B - see instrument 114.

In 1817, Seymour Smith, son of Henry Smith deceased, sells his interest in the inheritance from James Smith Esq.

HENRY SMITH, SIDNEY
23 October 1797, Sidney, Henry Smith of Sidney, has been settled for three years past brought with him a wife and three children, his wife the daughter of George Elmes, who died in the British Service during the late War and have drawn no lands for himself nor family … prays for such quantity of land …. Recommended for 200 acres 13 Nov 1797, warrant same day.
 
Thomas E Matthews swears that George Elmes “went to the British during the late war where he died.” Alexander Chisholm, JP
Source: UCLP, RG 1 L3, LAC, S3/197, 1797, V450a, C-2807

GRANT
Henry R Smith is granted part of Lot 21, Con 7, Sidney
Source: Map of Sidney dated 1787. See the chart of the names.

#574, 5 Sept 1817, “Seymour Smith of the Township of Sharon in the County of Schoharie, State of New York, Grandson of the late James Smith of the Township of Murray, Esquire, deceased, and son of Henry Smith, deceased, who was the natural son of the said James Smith aforesaid, by the last will and testament of the said James Smith made heir to one seventh of all lands and tenaments the said James Smith possessed of within the said province” sells to Henry Ripsom, Murray one seventh of all lands of lots 1 and 2, Concession 1, and lots 1, 2 and 3, Con 2 in Murray not sold by James Smith before his decease …. Lying on the easterly shore of the River Trent, also one seventh of lot 19, Con 5, Haldimand … witnessed by John Finkle and Warham Noble, both of Murray, Registered 18 Sep 1817
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #574


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9. JOHN SMITH, son of JAMES
OVERVIEW
John Smith petitioned in 1792 that he recently was "admitted as a settler" and is granted 200 acres and on 10 May 1797 he petitions again and adds that during the revolutionary war, as soon as he was of age, he "joined the Kings American Rgt [KAR] as Volunteer." This is the same regiment as his brother Lieut Peter I Smith was in. On the very same day, Phebe Lake petitions for land as the daughter of loyalist Nicholas Lake and states that she is the wife of John Smith. There is another John Smith in the area at the time but the juxtaposition of these two petitions strongly suggests that this Phebe Lake married John Smith, son of James Smith Esq.

Furthermore John Smith is listed in the 1803 Murray Census as 31 with wife Polly (24) and children Silas (6) and Polly (4) right beside James Smith, age 71. This record naming Polly as his wife is a fly in the ointment. However in the 1808 Murray census his wife is named as Phebe. One can tell that census records were written out in good copy after the numeration and mistaking Polly for Phebe is possible. Also, Phoebe is named as the wife of John Smith Murray, tailor, in an 1804 court case (see below). It is my conclusion that Phebe Lake is the wife of John Smith, son of James Smith Esq.

If John was born in 1772 this makes him 11 years old at the end of the Rev War and this is very young but not unheard of for a boy to volunteer in a regiment at the end of the war, especially if your older brother is there to look after you. Peter Johnson of the UEL Assoc. reported that John was not listed in the KAR roll in 1781 with his older brother Lt Peter I Smith but he may have enrolled later in the war due to his young age.

In 1802, in petition 53 John states that "for the last eight years [he] has assisted travellers over the mouth of the River Trent" and he asks to be granted a lease to operate a ferry service across the mouth of the Trent River. Alexander Chisholm JP writes a condemning character reference and John does not get the lease. He applies again in 1808 supplying a petition of support from a number of inhabitants but he still does not get the lease.

John Smith is not named in the 1814 census and it is possible he returned to the US where most of his family resided. His brother Henry had also died and his son Seymor returned to the States.

PETITION 184
7 March 1792, Kingston, Memorial of John Smith, son of Mr James Smith “whose character & Loyalty are unquestionable and lately admitted as a settler in this District wishes to settle here & improve a farm of his own” and prays for the usual allowance of land.
John Smith
 
“District Mecklenburg, No 732, John Smith, Report Page 6 certificate granted 200 acres, 7th Mar 1792” [184b]
Source: UCLP, RG1 L3, LAC, S/Misc 1787 – 1794, V494, 184, film C-2832

PETITON 110
10 May 1797, Sydney, John Smith, son of the late James Smith Esq who was in his majesty’s lines during the late war and as soon as he was of ?? age joined the Kings American Rgt as Volunteer and has been there all the distress of the family -  and has been to large expenses – in defraying charges for himself and is only put on the same footing as other settlers – prays your Excellency in Council may take him in to consideration and grant him what he has ???? in which he will ever pray. John Smith
[fold] rec’d 26 Aug 1797, UE, read 24 April 1798, ordered 200 acres in addition under new regulations. AW 17 May 1799
[fold] 11 Dec 1817, York, I certify the Land Board certificate in the name of John Smith for lot 93 in 3rd Concession Ameliasburgh is not found in my office. Darcy Boulton, Atty Gen.
Source: UCLP, RG 1 L3, LAC, S4/110, 1797 - 1799, V451, C-2808

PETITION 252- PROBABLE WIFE PHEBE LAKE
10 May 1797, Sydney, Humble petitioner Pheby Lake, now wife of John Smith, daughter of Nicholas Lake, lawelist [loyalist], now wife as is settarth? to the ligne [sic] subject of His Majesty Prays she may receive lands ….
[fold] rec’d 26 Aug 1797, Phebe Smith formerly Phebe Lake, recommended for 200 acres, warrant 13 Nov 1797, the warrant ought to have gone to Phoebe Smith instead of Phoebe Lake, described 6197 to Phebe Lake.
Source: UCLP, RG 1 L3, LAC, S3/252, 1797, V450a, C-2807

Source: UCLP, RG 1 L3, LAC, S3/252, 1797, V450a, C-2807
Note: Nicholas Lake is granted lot 36, Con 5, Sidney. See chart of Sidney Map.

PETITION 8
Rec'd 18 Nov 1799, the Petition of John Smith, Humbly Sheweth, That previous to his brothers death, Peter I Smith, late Lieut during the American War, Your petitioner advanced him several sums of money at different times, seventy two dollars, and boarded him seventeen months - that your petitioner never received any compensation in it, more than making over all his lands to Your Petitioner as per annexed Bill of Sale or Letter of Attorney - Prays that the Military lands granted to his deceased brother that the deed, may issue in his own name - & Your Petitioner as in duty bound will ever pray [signed ] John Smith.

[8a - list of lands]
Lt Peter Smith
Lots 22, 24 - 1st Con
21, 23, 24 - 2nd Con
24 - 3rd Con
Rawdon, 2000 acres

[fold notes]
Rec'd 18 Nov 1799
Prays that the Military lands granted to his deceased brother may be given to him
May 27 1800
The pet[itione]r must give notice of the application to his Elder Brothers & call on them to state their objections to the prayer of the petitioner.
Source: UCLP RG1 L3, LAC, V447a, 1799-42, S Misc/3, C-2805


PETITION 144
Rec'd 20 May 1800, John Smith, son of late Judge James Smith, Esq, the Bay of Quinty, petitioner has a location for 200 acres in the Surveyor general's Office under the new regulations prays may be allowed to locate 100 acres of the said lands at the Carrying Place at the head of the Bay of Quinty, will settle and improve the same immediately.
[fold] 26 may 1800, Referred to His Excellency. 
Source: UCLP, S5/144, 1799-1802, V452, AO, C-2808 
 
PETITION 11 Lease
Rec'd 26 May 1800, John Smith petitions for a lease. He has obtained from his father south and east half of lot 3, 2nd Con, Murray, wished to build a mill on lot and wishes to lease the remainder of said lot. - deferred. See petition of Wm Fairfield Jr, GW Meyers and Matthias Marsh. 
Source: UCLP, S Leases/11, 1797-1809, V493, AO, C-2831 

PETITION 53
16 Dec 1802, York, John Smith, Murray, yeoman, petitions that for the last eight years has assisted travellers over the mouth of the River Trent and for the four last years he has been upon his own land adjoining the passage, but not having a legal right he has been at no great expense, prays that he be granted a lease of the ferry, he will engage to build a proper craft for the accommodation of travellers under such regulations as Your Excellency may ???. 
  
11 Sep 1803 to John Small Esq, ... respecting John Smiths Character as a person calculated to keep the ferry at the mouth of the River Trent. I can only say that he is a very improper person, in my opinion, for the Business. [signed] Alexr Chisholm 
  
25 Oct 1803, Council Chamber, The Board ... the petitioner cannot be recommended to have the within prayer complied with the Board concerning him unworthy of this or any other Favor from the Crown. Entered in Land Book 5, page 303. 
Source: UCLP, S6/53, 1802 -04, V453, AO, C-2809 
 
LAND BOOK
25 Oct 1803, John Smith of Murray …. Unworthy of this or any other favour from the Crown. No 388, S53 
Source: Land Books, land book E, p 303, AO, C-102 
 
ASSAULT
"Leonard Walden Meyers, Sydney, on 27 July 1804 did assault at Murray Twp, Northumberland District, Phoebe Smith, wife of John Smith, Murray, tailor" ... "with force and arms an assault did make and her, the said Phoebe Smith, then and there did beat wound and evil entreat and these to her other enormous things did to the great damage hurt her .."
Source: Newcastle District Court Quarter sessions, RG 22-31, Box 1, AO

PETITION 11
On 17 May 1808, we whose names are hereunto assigned petition  .. to consider John Smith, son of James Smith Esq, Loyalist, ... the said John Smith has been one of the first settlers in the Township of Murray on the River Trent for the space of twelve years has assisted travellers crossing over said River much to the benefit of the public - the said Smith has built two Scows for the conveniency of ferrying across the River Trent ... we pray therefore .. grant John Smith a lease of the ferry in preference to any other person. Note: there are 52 names of supporters on this petition. See the web page on the Trent River Bridge.
Source: UCLP, E Misc/47, 1797-1839, V174, AO, C-1887

SELLS
#5, 2 Apr 1808, John Smith, Murray yeoman sells to Patrick Smyth. Kingston, Merchant, lot 1, Con 1, Murray 200 acres witnessed Nicholas Hagerman, Adolphustown, Esquire and Christopher A Hagerman, same place, yeoman, reg 13 May 1806 [sic]
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #5

MORTGAGE
#202, mortgage, 23 Jan 1810, John Smith, Murray, Yeoman devisees unto Richard Cartwight, Merchant, town of Kingston, in consideration of £170 the west half lot 1, Con 1, Murray, 100 acres starting from a stake on the east bank of the River Trent then east, then north and “then along the rivers edge following the windings of the said river” subject nevertheless to a proviso that the same be void on the payment of the sum of £170 on the first day of August next, witnessed Joseph Franklin, Township of Pittsburgh, yeoman and Allan McPherson, Town of Kingston, Gentleman
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #202

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9A. CHILDREN of John Smith and Phebe Lake
It is very lucky to have early census data that names children and wives. The 1803, 06 and 08 Murray census give us a good idea about John Smith and Phebe Lake's children. In 1803 John Smith with children Silas and Polly is listed beside his father, James Smith. In 1806 they again appear and at this time so does John Drummond Smith, age 50 with a large family. In 1808 we see they now have 7 members in the family, one maore than in 1806. Also in 1808 John D[rummond] Smith is identified and a new John Smith shows up on the scene. A daughter Betsy is born in 1809. It is possible Silas is the son of his older brother Peter who died about 1797.

1803 MURRAY CENSUS
 16
 James Smith
  71
17John Smith31
 Polly Do24
 Silas Do6
 Polly Do4

1806 MURRAY CENSUS
John Smith34
Miss Do28
Silas Do9
Sarah Do7
James Do4
Harray Do1[male]

1808 MURRAY CENSUS
Names of Heads of FamiliesMales over 60Number males 16 to 60Number males under 16Number FemalesTotal of each family
John and Phebe Smith 1337
John and Elizabeth Smith
 11
24
John D and Elizabeth Smith
 9

CHILD - BETSY
"Parents: John Smith, Phebe Lake -- Child: Betsy -- Date born: 2 June 1809"
Source: Rev. McDowall's register, Thurlow Township baptisms, OGS publication,1980, Loral and Mildred Wanamaker, p. 58, email Eric Bowler, May 2012




10. PETITIONS OF OTHER LOCAL 'SMITHS'

WILLIAM SMITH, SIDNEY
9 Sep 1797, Thurlow, William Smith of Sidney, one of the first to come into this province …  wife and four children and since has five more and has not drawn land.
[150b] 16 Nov 1797, York, I do hereby certify that Wm Smith brought a wife & four children into the Province in the year 1787  & has another child before the year 1789. [signed] John W Meyers
Source: UCLP, RG 1 L3, LAC, S3/150, 1797, V450, C-2807

MIDLAND DISTRICT c1800
James Smith - granted lot 3, Con 2, Sidney
William Smith - granted lot 16, Con 1, 2, Sidney.

Jacob George Smith - granted lot 15, Con 1, 2, Sidney.
Michael Smith - granted lot 20, Con 2, Sidney.
Jacob Smith - granted lot 21, Con 2, Sidney.
Jacob Smith - granted lot 18, Con 3, Sidney.
Thomas Smith - granted lot 33, Con 6, Sidney.
Martin Smith - granted lots 35, 36, 37, Con 4, Sidney
Michael Sloot - granted lot 20, Con 1, Sidney
Source: Return For Midland District, Schedules and Rolls, 1794 - 1922, Vol 5 - 16, Vol 11, c1800, RG1-30-0-5, MS400, reel 7, AO

1787 MAP of SIDNEY
In addition to the above names, these are on this map but not on the list above.
Philip Smith - granted lot 13, Con 4 and lot 18, Con 3, Sidney
Catherine Smith - granted lot 20, Con 3, Sidney
Henry R Smith - granted lot 21, Con 7, Sidney
Source: 1787 Map of Sidney

JONAS SMITH
#237, 8 Mar 1808, Jonas Smith, Ernestown,  sells lot 4, con 7, Murray
Source: East Northumberland County, Deeds, Murray Twp, Vol 1, AO, GS4768, #237

PETITION 190
4 March 1791, Kingston, Peter Smith desirous very much to become an inhabitant of the Town of Kingston, prays … to give him a grant of a Town Lot No 85 in said Town which your memorialist intends to improve [signed] Peter Smith
[fold] District Mecklenburg, No 596, certificate granted, 6 Apr 1791, lot 85
Note: This Peter Smith, merchant, Kingston makes a number of petitions and is not to be confused with Peter I Smith. He is involved in land speculation in Murray and Cramahe at a later date.
Source: UCLP, RG 1 L3, LAC, SMisc/190, 1787-1794, V494, C-2832

JACOB SMITH
Jacob Smith, aged 90 y 2 months, farmer in North Fredericksburgh, died 25 March 1879 and his son John Smith of the same place was the informant.
Source: Ontario Civil Death Register, Lennox and Addington, #7834, Ancestry.com

THOMAS SMITH
Thomas Smith U.E.of Kingston Township. OC 14Aug1797.
Mate in the Marine Department on the Lakes during the revolutionary war. Was granted in 1797, 500 acres of land; L33, C6 Sidney, L11, C7 Uxbridge and L50, C2 Camden. Lived 2nd concession Kingston Township. Married Jacoba ---. Known children: Samuel m. Mary Buck and Moses m. Hannah Buck. Refer his will of 1817 and H&D commission, MS657, reel 51, Item #2676.
Source: email Eric Bowler, Apr 2012


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11. Map of the River Trent
Showing the western boundary of Sidney and how the right hand bank of the river is in Murray Township. This is the land sought by James Smith. Dated 1814?
pic

Source: Township Papers, RG 1C IV, Sidney, Item 2, AO, MS658, reel 442, 26
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12. James Smith, Constable, Crum Elbow
This section is under consideration. In April 2012 Catherine Tozer found and sent me a link to the work of Linda Smith about a James Smith, Constable etc, Crum Elbow, Nine Partners.

At this time we are examining things to see if the James Smith in these records is the same James Smith, the subject of this web page. Stay tuned.