The information below was researched and compiled by Tracey Holmes Marcelo. If you have information to add or correct, please get in touch.

---

John Smith Sr. was likely born about 1730. He died before 3 March 1797 in New Brunswick, Canada.¹

The name of his wife is unknown.

He seems to be the John Smith of Oxford Township, Sussex County, New Jersey, and is found there as early as November 1763, when he and other men signed a petition about assembling a defense for the area. Other Smiths on the petition included Thompson Smith, Jacob Smith, and Gleason Smith.² There is speculation among some Thompson Smith descendants that this John Smith and Thompson were brothers.³

In the available tax lists of Sussex County in 1773, there is a Thompson Smith and a John Smith in Oxford Township, along with Peter Smith, Moses Smith, and Christopher Smith.⁴ The other John Smiths in the Sussex County tax lists of the same period were in Montague and Knowlton townships.

John Smith was part of the 5th Battalion of the New Jersey Volunteers as early as 27 August 1777.⁵ Some of the other Sussex County men in that battalion were Jeremiah Bonker, Henry Boughner, Henry Decker, William Brittain, and David Young.

In fact, David Young was married to John Smith’s daughter Eleanor.⁶ David Young died around 1780, and his residence was Oxford Township.⁷

John Smith continued in the 5th Battalion until 7 May 1778, around the time that it was merged with the 1st Battalion, in which his son John was already serving.⁸⁹ In the muster roll on that date, both John Smith Sr. and John Smith Jr. were listed. John Smith Jr. was part of the 1st Battalion as early as January 1777.¹⁰

On 20 June 1778, John Smith Sr. and John Smith Jr. were included on a list of men suspected of joining, aiding, or assisting the army of the King of Great Britain.¹¹ The men were grouped according to their townships, and John Smith Sr. and Jr. were listed among the men of Oxford Township. The inquisition was conducted by the Sussex County commissioners William Bond and George Warner.

The complete list of Oxford Township men is:

Philip Kinchline or Kicklin, Robert Goodwin, Peter Appleman, Coonrod Rightmyer, John Waddington, Ludwick Wessigh, David Young, Barnabas Banghart, Joseph Lowery, Joseph Lowery Jr., John Rice, William Rice, Isaac Amerman, Rubin Green, Philip Force, William Ickler, Michael Lemmon, John Smith Sr., John Smith Jr., and John McEowin.

In December 1778, notice was given to creditors that the men on the list might forfeit their property if found guilty.¹²

Just before that notice, the muster rolls reflect that John Smith Sr. deserted on 24 November 1778.¹³

I have found no further record that can be conclusively identified as this John Smith during his lifetime. The Upper Canada land petitions of two of his daughters, Eleanor Smith Young Thompson and Elizabeth Smith Camp or Kemp, state that he died in New Brunswick, Canada.¹⁶ Elizabeth’s petition was written on 3 March 1797, establishing that her father had died by that date. Another daughter, Mary Smith, petitioned on 11 March 1797 and likewise identified herself as the daughter of “John Smith deceased,” a U.E. Loyalist.¹⁴

I have not been able to match him to any of the John Smiths found in New Brunswick in the post-Revolutionary War period. It is also unclear how he reached New Brunswick after being listed as a deserter from the British army. The only mention of him that I have found in the prominent published sources concerning the Loyalists in Ontario is in Centennial of the Settlement of Upper Canada by the United Empire Loyalists, 1784–1884, which contains the brief entry, “Smith, John . . . Who died at Brunswick.”¹⁵

John Smith Sr.’s Children in Upper Canada

The evidence presently identifies at least six children of John Smith Sr. who settled in Upper Canada: Eleanor, John, Mary, Elizabeth, David, and Cornelia.

Records created after Mary Smith Gardiner’s death in 1845 provide particularly important evidence about the structure of the family. Her estate proceedings identify David Smith of Gainsborough as her brother and her only surviving brother.¹⁸ Records concerning the descent of her land identify the deceased John Smith of Pelham Township as her eldest brother and his son John as his eldest son and heir at law.¹⁹

ELEANOR SMITH. Born around 1758. She first married David Young and had six children with him before his death in 1780. Before 1797, Eleanor married Robert Thompson. In March 1797, she petitioned for land in Upper Canada as a daughter of John Smith, deceased, a Loyalist who had died in New Brunswick.⁶ Eleanor died in Upper Canada before 1822.

The names of her children with David Young are unknown. She had at least seven children with Robert Thompson: James, John, Jane, Andrew Heron, Alexander Garner, Ann, and Robert Jr.

JOHN SMITH JR. Born around 1760. He died between August 1844 and January 1845 in Pelham Township, Welland County, Canada West. He served with the 1st Battalion of the New Jersey Volunteers beginning as early as January 1777. He was taken prisoner on 22 August 1777 during the Battle of Staten Island. He remained listed on the muster rolls of the 1st Battalion through the last known roll, dated 24 August 1783, at which time he was still recorded as a prisoner.¹⁶

On 2 January 1804, he petitioned the government of Upper Canada for land based upon his own service in the Jersey Volunteers and as the son of John Smith, deceased, a U.E. Loyalist who had also served in the Jersey Volunteers. At that time, John Jr. had a wife and six children.¹⁷ His wife’s name is unknown.

The petition was rejected. In March 1804, the Executive Council ruled that “the Petitioner is not the Son of a U.E.” and that the prayer of the petition could not be complied with. A clerk’s annotation on the petition records the problem: “The Name John Smith of the Home District appears Three times on the U.E. List.” Faced with multiple men named John Smith, the land authorities could not, or did not, determine which one was his father.

A man who had spent six years recorded as a prisoner of the rebels was denied the son-of-a-Loyalist grant because his father shared one of the most common names in the province.

John Smith Jr. named only his sons in his will, but he also had daughters. I believe I have identified at least four of the six children who had been born by January 1804:

• Mary Smith, born about 1791 and died in 1862 in Fonthill, Welland County, Canada West. She married Joseph Carter Price before 1807.
• John Smith, born about 1793 and living after 1861, probably in Gainsborough Township. He married Catherine Schram before 17 November 1819 in Grantham Township.
• James Snyder Smith, born about 1796 and living after 1871, probably in Gainsborough Township. He might have had a son named William or Willson, born about 1839.
• Anna Smith, born about 1798 and living after 1871, probably in Bayham Township, Elgin County, Ontario. She married George Clark of Thorold sometime around 1810–1820. Anna Smith and George Clark had at least three children: Nelson Clark, Richard Clark, and John Clark.

MARY SMITH. Born 2 October 1766; died at the Town of Niagara, Canada West, on 11 June 1845, and was buried in St. Mark’s churchyard there.²⁰ She was unmarried and thirty years old on 11 March 1797, when she petitioned the government of Upper Canada for land as a daughter of John Smith, deceased, a U.E. Loyalist.¹⁴

Her petition succeeded. On 30 June 1801, the Crown patented to Mary the whole of Lot 12 in the 14th Concession of Burford Township, containing two hundred acres. She retained the property for the remainder of her life and never conveyed it.¹⁹

Between 1801 and 1824, Mary married Alexander Gardner (or Gardiner) of Niagara, a native of Perthshire and master mason in the Royal Engineer Department at that post. Alexander died in 1824 at the age of sixty-five and lies beside her in St. Mark’s churchyard.²⁰ Mary survived him by twenty-one years, did not remarry, and left no children.

Mary died intestate, leaving a personal estate valued at nearly £940, of which all but approximately £16 consisted of money out at interest. On 1 November 1845, administration was granted to her brother David Smith of Gainsborough, yeoman, who was identified as her only surviving brother.¹⁸

Her land descended separately to her nephew John Smith, eldest son and heir at law of her eldest brother, John Smith of Pelham Township, deceased.¹⁹

ELIZABETH SMITH. Born around 1769. She died on 23 January 1823 in Hamilton Township, Wentworth County, Upper Canada. She married Robert Camp, whose surname was also recorded as Kemp, before 1795. Elizabeth and Robert arrived in Upper Canada in 1792 with two children.

In March 1797, Elizabeth petitioned for land as the daughter of John Smith, deceased, a U.E. Loyalist who had died in New Brunswick. In Robert Kemp’s land petition, he stated that Elizabeth’s father had not received any land.¹

DAVID SMITH. Born 14 March 1775. He died on 29 August 1861 in Gainsborough Township, Lincoln County, Canada West. He married Mary Kennedy in Sussex County, New Jersey, on 21 January 1796. David and Mary moved to Upper Canada around 1800.

In 1804, David petitioned as a son of John Smith, deceased, a U.E. Loyalist who had served in the Jersey Volunteers. At that time, he was described as David Smith of Gainsborough and had a wife and five children.²¹ David, who signed his petition with an X, met the same fate as his brother. On 10 March 1804, the Executive Council marked his petition “Not Privileged” and rejected it on the same ground: that he was not the son of a U.E. Loyalist.

David was still living when his sister Mary died in 1845 and was then identified as her only surviving brother. He served as administrator of her estate.¹⁸

CORNELIA SMITH. Born about 1776. She died before 1819 in Upper Canada. She married William Shingler in Sussex County, New Jersey, on 22 March 1798.²²

I have not located a land petition for Cornelia or William. William Shingler was, however, a witness to a deed between his brother-in-law John Smith and neighbor Patrick McGaw in Gainsborough Township in 1805.²³ In addition, John Smith Jr.’s will mentions a mortgage he had given to William Shingler Jr.²⁴

A Note on Identity—and a Future Update

The Executive Council’s problem in 1804 is also the genealogist’s problem in 2026. If the name John Smith appeared multiple times on the U.E. List for the Home District alone, how do I know that the John Smith discussed in this article—the Oxford Township ratable, the 5th Battalion soldier, and the November 1778 deserter—is one man and the father named by these petitioners?

In a future update, I will walk through the evidence that links these records together and distinguishes this John Smith from the other men of the same name who lived in, or made claims from, the same places.

Source Citations

1. Robert Kemp and Elizabeth Smith Kemp, Upper Canada Land Petitions, vol. 268, petition K3/5, microfilm C-2116, Library and Archives Canada. Elizabeth’s petition, dated 3 March 1797, identifies her as a daughter of John Smith, deceased, a Loyalist who died in New Brunswick. ↩
2. “1763 Sussex County, New Jersey Petition,” transcription, USGenWeb Archives, files.usgwarchives.net. ↩
3. Don Smith, Ancestry username toolwiz1, message to Tracey Holmes Marcelo, June 2020. Don Smith is a descendant of Thompson Smith, born about 1740–1750 and died in 1815 in Stokes County, North Carolina. The correspondence concerned a reported Y-DNA match with a descendant of David Smith, son of John Smith Sr. ↩
4. Oxford Township tax ratables, Sussex County, New Jersey, 1773, “Tax Ratables, Sussex County, 1773–1822,” Family History Library microfilm 865491, image group 7895283. ↩
5. New Jersey Volunteers muster roll, 27 August 1777, British Military and Naval Records, RG 8, C Series, Library and Archives Canada, microfilm C-4217, image 167. ↩
6. Eleanor Smith Young Thompson, Upper Canada Land Petitions, vol. 495, petition T2/52, microfilm C-2833, Library and Archives Canada. ↩
7. David Young estate, 1780, abstracted in New Jersey Archives, first series, vol. 34, Calendar of New Jersey Wills, Administrations, Etc., Volume V, 1771–1780, p. 588, citing Probate Liber M, p. 88; also “New Jersey, U.S., Abstract of Wills, 1670–1817,” database and images, Ancestry.com, subscription database. ↩
8. “A History of the 5th Battalion, New Jersey Volunteers,” The On-Line Institute for Advanced Loyalist Studies, royalprovincial.com. ↩
9. New Jersey Volunteers muster roll, 7 May 1778, British Military and Naval Records, RG 8, C Series, Library and Archives Canada, microfilm C-3873, image 708. ↩
10. New Jersey Volunteers muster roll, 20 January 1777, British Military and Naval Records, RG 8, C Series, Library and Archives Canada, microfilm C-4217, image 143. ↩
11. “Whereas Inquisitions Were Found the 20th Day of June 1778,” New Jersey Gazette, 16 September 1778; digital image, GenealogyBank, subscription database. ↩
12. Notice to creditors of the Sussex County men, dated 10 December 1778, New Jersey Gazette, 27 January 1779; digital image, GenealogyBank, subscription database. ↩
13. New Jersey Volunteers muster roll recording John Smith as having deserted 24 November 1778, British Military and Naval Records, RG 8, C Series, Library and Archives Canada, microfilm C-3873, image 719. ↩
14. Mary Smith, Upper Canada Land Petitions, vol. 449, petition S2/141, microfilm C-2806, Library and Archives Canada; petition dated or received 11 March 1797. Mary stated that she was thirty years old, unmarried, and a daughter of John Smith, deceased, a U.E. Loyalist. ↩
15. Centennial of the Settlement of Upper Canada by the United Empire Loyalists, 1784–1884 (Toronto: Rose Publishing Company, 1885), Appendix B, p. 256; digital image, Canadiana, image 267. ↩
16. New Jersey Volunteers muster roll, 24 August 1783, British Military and Naval Records, RG 8, C Series, Library and Archives Canada, microfilm C-3874, image 78. ↩
17. John Smith, Upper Canada Land Petitions, vol. 453, petition S6/63, microfilm C-2809, Library and Archives Canada. The petition was dated 2 January 1804 and acted upon in March 1804. View the petition. ↩
18. Estate of Mary Gardiner, 1845, Court of Probate, Canada West, file marked “RG 22 / 6-1-A / GARDINER, MARY 1845,” Archives of Ontario. The proceedings identify David Smith of Gainsborough, yeoman, as Mary’s brother and only surviving brother; administration was granted to him on 1 November 1845. The series designation should be confirmed against the current Archives of Ontario catalogue description. ↩
19. Abstract Index to Deeds, Burford Township, Lot 12, Concession 14, Brant County Land Registry Office; Crown patent to Mary Smith, 30 June 1801; and memorials nos. 10, 549, and 646 registered against the property, 1853–1855. The 1852 memorial and the abstract index incorrectly describe John Smith as Mary’s eldest brother. The memorials registered in 1855 clarify that he was the eldest son and heir at law of Mary’s eldest brother, John Smith of Pelham Township, deceased. ↩
20. Gravestone of Mary Gardner, St. Mark’s Anglican Cemetery, Niagara-on-the-Lake, Ontario, read from a photograph; also “Mary Smith Gardner,” memorial no. 233850644, Find a Grave. The stone gives her age as 78 years, 8 months, and 9 days. The partly effaced death date is read as 11 June 1845, consistent with her estate file; calculation from that date produces a birth date of 2 October 1766. Alexander Gardiner’s adjoining stone is transcribed in Janet Carnochan, Graves and Inscriptions in the Niagara Peninsula, Niagara Historical Society, St. Mark’s section. ↩
21. David Smith, Upper Canada Land Petitions, vol. 453, petition S6/64, microfilm C-2809, and vol. 462, petition S14/20, microfilm C-2814, Library and Archives Canada. View the 1804 Smith petitions. ↩
22. William Shingler and Cornelia Smith marriage, 22 March 1798, Sussex County, New Jersey, “New Jersey, U.S., Marriage Records, 1670–1965,” database and images, Ancestry.com, subscription database. ↩
23. Patrick McGaw and Hannah McGaw to John Smith, deed no. 5569, 23 December 1805, Gainsborough Township, Lincoln County, Upper Canada; land records, vols. G–H, instruments 4900–5968, 1815–1821, Family History Library digital film 008198576; images, FamilySearch. ↩
24. Estate of John Smith, 1844, Lincoln County Surrogate Court Estate Files, 1794–1859, RG 22-235, Archives of Ontario. ↩