Nacogdoches County, TX - Civil War Pension Application - J. E. Smelley **************************************************************** Contributed by Margie Kinney Butler Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm **************************************************************** Confederate Pension Application (James Erwin Smelley) (Pg. 1) REPRODUCED FROM THE HOLDINGS OF THE TEXAS STATE ARCHIVES Ok 10-29-18 (hand written) 35465 DEAD 1-27-30 (hand written) Form A SOLDIER'S APPLICATION FOR PENSION. The Commissioner of Pensions reserves the right to call for additional testimony if he deems it necessary. Name of Applicant J. E. Smelley Nacogdoches County. Post office Mahl Tex Filed: 10-7-18 Approved 10-29-18 Pension allowed from 12-1-18 J. C. Jones Commissioner of Pensions. (Pg. 2) Form A For Use of Soldiers Who are in Indigent Circumstances THE STATE OF TEXAS County of Nacogdoches I, “James E. Smelley” do hereby make application to the Commissioner of Pensions for a pension to be granted me under the Act passed by the 33rd. Legislature of the State of Texas, and approved April 7, 1913, on the following grounds: I enlisted and served in the military service of the Confederate States during the war between the States of the United States, and that I did not desert the Confederate service, but during said war I was loyal and true to my duty, and never at any time voluntarily abandoned my post of duty in the said service; or (that I was in the service of the State of Texas during the war, to protect said State against the Indians and Mexicans for more than 6 months.) That I was honorably discharged or surrendered "May 2, 1865 on account of the surrender." that I have been a bona fide citizen of this State since prior to January 1, A.D. 1900, and have been continuously since a citizens of the State of Texas. I do further state that I do not hold any National, State, city or county office which pays me a salary or fees of $300.00 per annum, nor have I an income from any other employment or other source whatever which amounts to $300.00 per annum nor do I receive form any source whatever money or other means of support amounting in value to the sum o f $300.00 per annum, nor do I own in my own right , nor does any one hold in trust for by benefit or use, not does my wife own, nor does any one hold in trust for my wife, estate or property, either real, personal or mixed, dither in fee or for life, of the assessed value of over one thousand dollars, exclusive of a home of the value of not more than $1000.00; nor did I receive any aid or pension from any other State, or from the United States, or from any other source, and that I am not an inmate of the Confederate Home, and I do further state that the answers given to the following questions are true: 1. What is your age: "74 years”. 2. Where were you born? "Bibb Co. Ala" 3. How long have you resided in Texas? "59 years" 4. In what county do you reside? "Nacogdoches" 5. How long have you resided in said county, and what is your post office address? "51 year, Mahl Texas." 6. Have you applied for a pension under the Confederate pension law and been rejected: If rejected, state when and where "NO" 7. What is your occupation, if able to engage in one: "Farmer." What is your physical condition? "average." 8. In what State was the command in which you served organized? "Texas" 9. How long did you serve? Give, if possible, the date of enlistment and discharge "March 1862- May 2, 1865" 10. What was the letter of your company, number of battalion, regiment or battery? "Co. G 24th Texas Dismounted Cavalry. Grandberry Brigade." 11. If transferred from one command to another, give time of transfer, name of command and time of service. "NO" 12. What branch of the service did you enlist in-- infantry, cavalry, artillery or navy: "Cavalry." (Pg. 3) 13. If commissioned direct y the President, what was your rank and line of duty: "NO" 14. If detailed for special service, under the law of conscription, what was the nature of your service and how long did you serve? "NO" 15. What is the assessed value of your home, if you own a home? "about $700.00" 16. What is the assessed value of your other property: "about $200.00." 17. Have you transferred to others any property of any king for the purpose of becoming a beneficiary under this law? "NO" Wherefore your petitioner prays that his application for pension be approved and such other proceedings be had in the premises as are required by law. (Signature of Applicant.) James E. Smelley Sworn to and subscribed before me, this 17th day of May A.D. 1918 J. F. Perritte [seal] County Judge of Nacogdoches County, Texas. ---------------------------------------------------- AFFIDAVIT OF WITNESSES [Note.] ---There must be at least two creditable witnesses. THE STATE OF TEXAS County of Nacogdoches Before me J. F. Perritte, County Judge of Nacogdoches County, State of Texas, on this day personally appeared "J. C. Melton---I. D. Parmley " known to me to be credible citizens , who, being by me duly sworn, on oath state that they personally know "J. E. Smelly", the above named applicant for a pension, and that they personally know that the said " J. E. Smelly" , the above named applicant for a pension, and that they personally know that the said J. E. Smelly has been a bona fide resident citizen of the State of Texas since prior to January 1, A. D. 1900, and that they have no interest in his claim. (signature of Witness) "J. C. Melton" (signature of Witness) "I. D. Parmley Sworn to and subscribed before me this 1st. day of Oct A. D. 1918 J. F. Perritte [seal] County Judge Nacogdoches County, Texas ---------------------------------------------------------------- AFFIDAVIT OF WITNESSES (If possible the two witnesses should have served with the applicant in the army, and if so, let them, or either, state it in their oath, their source of knowledge; also any information regarding applicant's army service.) THE STATE OF TEXAS County of Nacogdoches Before me, J. F. Perritte, County Judge of Nacogdoches County, State of Texas, on this day personally appeared "J. P. Risinger Mrs. M. R. Baker" who are personally (Pg. 4) known to me to be credible citizens, who being by me sworn, on oath state that they are personally acquainted with the foregoing applicant, and that the facts set forth and statements made in his application are correct and true, to the best of their knowledge and belief, and that they have no interest in his claim, and said applicant's habits are good and free from dishonor. And "they" further make Oath to the following facts touching the applicant's service in the Confederate Army: (State fully you source of knowledge.) (NOTE These statements are attached on separate sheet of paper, subscribed and sworn by J. F. Perritte. See pgs. 5 & 6 mlb) (Signature of Witness)_______ (Signature of Witness)_______ Sworn to and subscribed before me, this_____ day of____, A. D. 191_ ________________ County Judge____________ County, Texas [seal] ---------------------------------------------------------------------------------------------------------- CERTIFICATE OF STATE AND COUNTY *COLLECTOR (*NOTE: ASSESSOR marked through, COLLECTOR hand written in.) I, J. C. Melton, State and County *Tax Collector (*Note: hand written in, Assessor marked out ) in the County of Nacogdoches State of Texas, do certify that J. E. Smelly, or his wife, or his trustee, or trustee for his wife, whose name is sighed to the foregoing application for a pension, under the Act of the Thirty-third Legislature, approved April 7, 1913, is charged on the tax rolls of said county with a homestead of the value of " $780.00" Dollars, and of other property, real or personal, or both, of the value of $240.00" Dollars. Given under my hand, this 1 day of Oct. A. D. 1918. J. C. Melton, State and County Tax Collector . (Pg. 5) Statement of Witnesses J. F. Perritte County Judge Nacogdoches, Texas, _________________191_ State of Texas} County of Nacogdoches} J. P. Risinger being by me duly sworn deposes and says. I know J. E. Smelley. I knew him at the time of the War between the State at the time the War began. I was 10 years of age He at that time lived in the same community. Though a boy I recollect him returning home. I heard him talk of the times he went through during the war. I also heard his Lieutenant say that he was one of the best soldiers in the Army. This was in Tyler County, Texas. J. P. Risinger Subscribed and sworn to before me this Oct. 1. 1918 J.F. Perritte County Judge Nacogdoches Co Texas (Pg. 6) Statement of Witnesses J. F. Perritte County Judge Nacogdoches, Texas, _________________191_ State of Texas} County of Nacogdoches} Mrs. M. R. Baker being by me duly sworn deposes and says I know Mr. J. E. Smelley the applicant. I knew him during the War between the States. I was 14 years of age when the War broke out. Mr. J. E. Smelley was living with my brother at the time. Mr. Smelley in company with three of my brothers joined the Confederate Army and went to the War. After that Mr. J. E. Smelley came home on furlough I saw him at that time. After the surrender he stopped at my fathers house on his return from the War. I know that he was gone for more than six months. M. R. Baker [TX] Subscribed and sworn to before me this Oct. 1, 1918. J. F. Pirritte County Judge Nacogdoches County Texas (Pg. 7) APPLICATION FOR MORTUARY WARRANT THE STATE OF TEXAS County of Nacogdoches I "Jno. W. Smelly" do hereby certify that I am the person to whom is entrusted the paying of the accounts and indebtedness of the late "J. E. Smelley ", who was a pensioner of the State of Texas, and whose file number was "35465 and whose original county was Nacogdoches. The said pensioner, "J. E. Smelley", died on the "20 Day of January, 1930", in the town of "Nacogdoches, County of Nacogdoches, Texas". The pensioner died in the home of "his own 7 miles from City Nacogdoches" who was related to the pensioner as "father". That the warrant, which application is hereby made for shall be applied to paying all or part of the funeral expenses incurred by the said pensioner "J. E. Smelley". I further certify that the warrant for the current quarter has not been cashed by the pensioner, to best of my knowledge and belief. I am related to the pensioner as "SON" that my post office address is "Appleby Tex. R2". signed "John W. Smelley" Sworn to before me this 30th day of January, 1930 Thos E. Bakery Notary Public in and for Nacogdoches County, State of Texas. {Must return before 40 days expires from date of Pensioners' death} ______________________________ CERTIFICATE OF UNDERTAKER I, The County Store Per R.E. Matlock, do certify that I am undertaker in the town of Nacogdoches, County of Nacogdoches, State of Texas that I had charge of the body of J. E. Smelley, who died in the town of________, County of Nacogdoches, State of Texas on the 21, day of Jan. 1930. That said body was prepared for burial by me on the 21 day of Jan 1930, and that I am of the opinion that warrant herein applied for should be issued to the said J. E. Smelley who makes the fore going application. Signed R. E. Matlock, Undertaker. ____________________________ CERTIFICATE OF PHYSICIAN I, Patrick O Lowe, M.D., do certify that I am a practicing physician, and that I attended Mr. J. Smelley in his last illness, and am of the opinion that his ailments were "Chronic Myocardi???" & "Chronic Nephritis", with "General Arterial-Sclerosis Immediate cause of death "Cerebral Hemorrhage" I further certify that I am of the opinion that the Mortuary Warrant above requested should be issued in the name of the aforementioned applicant, in accordance with Act passed by the Thirty-eighth Legislature and approved March 2, 1923. Signed Patrick O. Lowe, M.D. Physician's Address Appleby, Texas 1-27-30 (Pg. 8) GREENSBORO, NORTH CAROLINA May 2nd. 1865 In accordance with the terms of the Military Convention, entered into on the twenty- sixth day of April, 1865, between General Joseph E. Johnston, Commanding the Confederate Army, and Major-General W. T. Sherman, Commanding the United States Army in North Carolina, JAMES SMELLY ??? ( unable to determine words, mlb) Greenberry's Brig.Com. has given his solemn obligation not to take up arms against the Government of the United States until properly released from this obligation; and is permitted to return to his home, not be disturbed by the United States authorities so long as he observes this obligation and obey the laws in force where he may reside. J. B. M. Letcher W. A. Ryan Maj. & CM U.S.A. Lient. Col. C. S. A. Special Commissioner, Commanding (Pg. 9) (The following is a hand written description of dates of engagements for James Erwin Smelley in C. S. A. during the Civil War mlb) Comp. 24 & 25 Texas Granburys Brig Battles that the 24 & 25 Texas _______ engaged Since Jan 1860 Ark. Post State of Ark Jan. 9, 10, 11 (**James captured 1863) (Released May 26, 1863) Chickamauga, Tenn Sept 19 & 20 Tunelhill Tenn. Nov 24 & 25 Ringold Gap Ga. Nov 27 Dug Gap Ga Feb. 28 (**1864) Dug Gap May 8 Resuca (?) Ga. May 16 New Hope Ga May 27 28 Golgotha Church Ga June 16 Kennesaw Mountain June 18, 19, 20, 21, 22, 23, 24, 25, 26,27, 28, 29, 30, July 1,2,3 Chattahoochee River July 5,6,7,8,9 Atlanta Ga July 20, 21, 22 Moved to the left of Atlanta Aug. 9, Stayed 18th Moved East Point Ga Aug. 19 remained Aug 30th Jonesburough Ga Aug 31st Sept 1 Moved Lovejoy Ga Sept 2 Moved to Jones Borough Sept 18 Moved to Palmento Ga Remained their until 29 Sept Moved from their by the way of Dalton Ga, Sand Mountain to Decatur Ala Left Decatur Oct 28 arrived at Tuscumbia Ala Oct. 31st Remained their until 8th Nov Moved Florence, Ala remained their until Nov 21 Arrived at Columbia Tenn. Nov. 27 moved to Springhill Tenn. engaged the enemy the evening 29th of Nov Moved to Franklin Tenn. engaged the enemy the evening Nov. 30 Nashville, Tenn. Dec 25th 26 th Ruford Creek Dec. 18 Bentonville N.C. Mar 19th 20th (**1865) ADDITIONAL INFORMATION ON SERVICE: (Pg. 10) FORM NO. 2 (VOUCHER to ABSTRACT A) PROPERTY IMPRESSED BUT NOT APPRAISED. THE Confederate States, To------------------------------------------------------------------------Dr. 1863 Dollars. Cents. $ (This page was not filled in, so I did not copy it any further. The only writing is a list of numbers in a column down the middle of the page.........50, 32, 24, 21, 36,________163 the 163 is the added sum of those numbers. (Pg. 11) J. F. Perritte County Judge Nacogdoches, Texas, 10/1/1918 Hon J. C. Jones Austin Texas Dear Friend Jones: I am sending application of J. E (Jim) Smelley for Pension. We have been unable to get on of his comrades. But sending affidavits of ______????. It is known or believed that Mr. Smelly went through the Confederate Army. In fact he was shot in the head. I have known him for a number of years. He is considered an old soldier. Takes a great part in all their meeting. I hope you find the proof sufficient. He kept a list of Battles which I send in which he participated. Respectfully, J. F. Perritte (pg. 12) Office of COMMISSIONER OF PENSIONS STATE OF TEXAS AUSTIN To the Adjutant General, War Department Washington, D.C. Dear Sir: I have the honor to request the military record of J. E. Smelly who is reported to have enlisted in Company G, Regiment 24th Texas Dismounted Cav. Grandberry's Brigade in service in the Confederate States Army. Purpose: The____________________person above named is an applicant for a Confederate pension granted by the State, and I desire to verify his proof of service. Very Respectfully,- Commissioner of Pensions. (NOTE: Hand written near bottom of page ) A 25 Tex Cav Co G. Grandbury Tex Brig (Pg. 13) WAR DEPARTMENT. The ADJUTANT Generals Office, Washington, Oct. 14, 1918 Respectfully returned to Commr of Pen State of Texas Austin with the information that J. E. Smelly Pvt. Co. G, 24 Regt. Tex. Cav. C.S.A. (also known as Dismounted Cav.) enlisted Mch 22, 1862 and appears on roll for Mch & Apr. 1864 last on which borne, absent on furlough to Texas under G.O. No. 14 Mch. 12, 1863 Union Prisoner of War records show him Paroled at Greensboro N. C. ---1865 (Roll dated Apr. 28, 1865) He belonged to Granbury's Brig. P. C. Harris Acting Adjutant General