Revolutionary War Pension and Bounty Land Warrant Application File S. 23766, for Joseph Leavitt, Vermont
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SERVICE     NUMBER
Vt   Leavitt, Joseph     S 23766
CONTENTS
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24.679
New  York
Joseph Leavitt Otsego Co in the State of New York who was a pri & O in the Company commanded by Capt Hopkins of the reg't commanded by Col. Mott in the Vermont line for 4 mo. pr - 13.33
4  "  Corpl - 14.66
4  "  Sgt - 25.
1  "  Ensign - 10.00/$43.00
______
Inscribed on the Roll of New York at the rate of 63 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
______
Certificate of Pension issued the 4 day of Feby 1834 and Sent To W. Eager Orville
_____
Arrears to the 4th of Sept 1833 $15[illegible]
Semi-anl. allowance ending 4 March 34 31.[illegible]
$189.0[illegible]
{Revolutionary Claim, Act June 7, 1832.}
Recorded by W. L. Williams Clerk
Book E Vol. 4 Page 105
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State of New York
Onondaga County ss: 

Personally appeared before me Elijah
C. Rust a Justice of the Peace in & for the County of Onondaga Joseph Dewitt of the town of Pompey in said County who being duly sworn deposeth and saith, that by reason of old age and the consequent loss of memory, he can not swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the period mentioned below and in the following grades; for four months as substituted soldier, I served as a private soldier, for four months I served as a corporal, for five months I served as orderly Sargent
and for one month. I served as Ensign during the periods detailed in my declaration heretofore made before the Hon. Daniel Morley Esq Vice Chancellor & hereto annexed, in the army of the Revolution and for which I claim a pension. The said Deponent further says that that he was born in the month of September A.D. 1753 in the town of Suffield County of Hartford & State of Connecticut that he expects that there is a record of his age in the Clerks office of the said Town of Suffield but he has no document in his possession showing the date & place of his birth. That he has stated the names of all the officers who
were with the troops where he served, in his said Declaration, so for as he can recollect them, except that of Brigadier Genl Horatio Gates & Genl. Benedict Arnold the latter of whom commanded the [illegible] to which Deponent was attached. That Chauncey Hinsdale Samuel Hubbard & Isaac V. Hubbard, Thomas Barnum  & the Revd Daniel Marsh are amongst the most prominent men of this neighborhood of his present residence with whom he is personally acquainted & who are competent to testify to his truth & veracity & his reputation of having been in the Revolutionary army - he further states that he is informed & believes that -- mostly is about holding his circuit courts and will probably be about two or three weeks and that he has never received information till today of the [illegible] of his papers from the war department.
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/s/Joseph Leavitt
Subscribed & Sworn to by the above named Joseph Leavitt with whom I am personally acquainted & know to be a man of truth & veracity the day & year above stated in the foregoing affidavit viz. June 4th 1833 -} 
/s/Elijah C. Rust J. P. 
State of New York, Onondaga County ss: William Eager of Manlius in said County, Attorney & Counsellor at Law being duly sworn deposeth & saith that the Declaration of Joseph Leavitt made on the 18th day of September last is not in the hand writing of this Deponent except the interlineations & marginal note (all of which are his) which were all made before it was sworn to, & Deponent has examined the same since returned to him from the War department and verily believes that no alteration has been made to it since sworn to, and he believes the Certificates to be precisely as when they were signed & the Seal of the Court affixed. And further that he is acquainted with the applicant and with the two Witnesses Now Rec'd Daniel Marsh & Thomas Barnam ju'r. That the said Marsh is a very respectable Clergyman and the said Leavitt & Barnam are both professors of Religion in regular & good standing in the Church and both are Honored with the Title of Deacon and entitled to full faith & credit as men of veracity & truth as this Deponent verily believes. 
/s/William Eager
Sworn & Subscribed before me by William Eager with whom I am personally acquainted & whom I believe to be a man of truth & veracity this 10th day of June A.D. 1833 - 
/s/John Dumford J.P.
State of New York. Onondaga County ss: I Reuben L. Hess Clerk of the Court of Common pleas in & for the County of Onondaga do hereby certify that Elijah C. Rust and John Dumford Esquires are Justices of the peace in & for the said county of Onondaga and were so at the time of the dates of the foregoing certificates signed by them: That I am acquainted with their hand writing & believe the signatures purporting to be theirs to be genuine. 
[court seal affixed] In Witness whereof I have hereunto set my hand and affixed the seal of the said Court this tenth day of June A.D. 1833.
/s/R. L. Hess clerk
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13097

Joseph Leavitt



63
__________
126
   31.50
___________
157.50

W. Eager
Orville
New York



Small stamp far left

Commissioner of Pensions
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WAR DEPARTMENT, Pension Office, 
Sir: 
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 
A Statement, shewing the Service of Joseph Leavitt
[column headings: Period when the service was rendered|Duration of the claimant's service.(Years.|Months.|Days.)|Rank of the claimant.|Names and Rank of the Field officers under whom he served.|Names and Rank of the General and Field Officers|Age at present, and place of abode when he entered the service.|Proof by which the declaration is supported.|]
1775.|([blank]|4|[blank])|Private|Capt. Wate Hopkins under Col'o Seth Warner(Lieut. Tehan(Tahan) Noble}|79 Years at date of Declaration|Declarants own oath|
1776.|([blank]|5.|[blank])|Corp'l|in Colo. Motts Regt under Cap't John Harmon. 2 Lieuts Benj'n Hammond & one Abby}| " |The like " "|
1777.|(*|2|[blank])|Ensign|under Capt. Jonathan Wadsworth, in the Regm't of Col. Cook| " |The like & by the oath of Benj'n Denslow|
1777-8-9&80|([blank]|4|[blank])|The like & generally ['if not always' crossed out] under Cap't Eastman in the Reg't arm'd by Col. Bronson| " |Declarants own oath|
[end of columns]
I am, respectfully, Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions. 
*A chief says Sergeant
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2 
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line,' State troops," " militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits et the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval Service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of} County of} ss. 
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers : 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. ⇒This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank] 
Sworn to and subscribed the day and year aforesaid. [blank] A. B. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c. 
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
[margin note: an application to the comptroller of the State of Connecticut Elisha Phelps Esqr will doubtless enable the declarant
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute: And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.{To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer.{Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are  requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons-one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the, declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform; and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he most assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making au affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith. that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below. and in the following grades:- For ____ year ____months, and ____days, I served as a ____ . For ____ months and ____days, I served as a ____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held; as the law directs the pension to be paid according to the grade of the pensioner and the length of service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of declaration is highly objectionable. It must, in every case, be clearly shown under what officers, the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f]The law makes the relinquishment indispensable.
[g] The opinion or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
⇒The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
[margin note: to know evidence of his service under Col Evans]
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Revolution
23466
INVALID.
23.466

Joseph Leavitt
Pri Rev War
Act: June 7" 32
Index:-Vol 2, Page 239
[Arrangement of 1870.]
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W Eager Esq
Orville
Onondaga County
New York
(illegible) 17 Jany 1834 W.C.

Upside down:
E. Phelps Esq
(illegible) Leavit
Page 11

It appears by the records of the State, that the Gen'l Assembly of the State of Connecticut at that session June 1776, ordered a battalion to be raised & to serve until the 1st December 1776, & associated John Douglass Col. of the same, & John Harmon Ju'r of the Captains. 
/s/E. Phelps
Comptrollers Office 
January 10th 1834. 
I Elisha Phelps, Comptroller of Public Accounts do certify, that under date April 22nd 1777, the pay roll of Capt. John Harmon, Mott's Reg't, is charged to the United States upon the books of the Pay Table; & that no roll of his company has been found.
(N.B. By the journal of the Council of Safety under date July 2nd 2776,, that Col. John Douglass resigned his command, Lt. Col. Samuel Mott was appointed Col. to command the regiment)
And that under date August 27th 1777, there is charged on the books of the Pay Table to Capt.
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Jonathan Wadsworth, viz, "To order on Treasurer as advance pay of 2 of each his company detached militia ordered to join the Northern army per rate £80,00. No roll of the company has been found," or proof of the direction of these services.
/s/E. Phelps
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[addressed envelope]
T. Merrill Esq. as to J. Leavitt
[illegible], Jany. 1834
[postmark: MONTPELIER Vt] 372
W. Eager, Esquire,
Orville
Onondaga Co. N. York.
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[handwritten letter]
Montpelier, Jany 14. 1834

Dear Sir,
I rec'd yours, requesting a certificate in relation to the revolutionary services of Joseph Leavit (Leavitt). I regret to state that there are no pay-rolls or documents of any kind, in this office in relative to the subject. - Much inquiry has been had, but I believe no documents have been found; and probably, none exist in any department of the government. 
The two dollar bill enclosed in your letter is herewith returned. 
I am, dear Sir, with great respect Your Obt Serv't
/s/T. Merrill.
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[addressed envelope]
Orville N.Y. 
6 Oct. 
[postmark: [illegible] NOV 9] free
War Department
[margin notes: N. Y. Nov 11 ret'd susp'd]
STEAM BOAT F1
Hon. James L. Edwards
Comss'r of Pensions
Washington D.C.
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[handwritten letter]
Orvile N.Y. 5. Nov'r 1833.

Dear Sir,
It is only within about 30 minutes that I have been enabled to enclose the papers of Dec. J. Leavitt and that for the third time, to the War Department, and I do hope that no further expence & delay growing out of objections, will be necessary  and it does indeed appear to me as though the objections as to the mode of authentication of the papers ought not to have been continued in the present case after the affts returned with the papers last, & in reply that objection has cost the applicant about 4 weeks delay & some expence - In as much however as That's whose duty it was to settle that question have thought differently and the alteration now made it is confidently hoped that the papers will now be deemed sufficient and a certificate forwarded in due time for the amount claimed - In the case of Amos Bolls who died since the original application was read The papers have been continued in favour  of the Widow & were forwarded by me at the time In reply Leavitt's papers were returned the 2d time in July I think - have they been acted upon? - I have been looking a long time an answer to that application 
I am Dear sir with great respect Your Obt. Serv't
/s/W. Eager
N.B. It will readily be perceived on comparing the original Decl'n and the affd't of Denslow that there is an Error in Mr. Leavitt's amendatory aff't as to time it probably was mine. it should have been 2 instead of one month. I have filled up the blank Table sent me with the last communication in the say I supposed was designed if it was indeed such for that purpose at all
/s/W Eager
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[addressed envelope]
Orville 21 Jan 
Free War Department
[margin note: Jany. 27. 1834 add'l evidence for Joseph Leavitt [illegible signature]
Hon. James L. Edwards
Comss'r of Pensions
Washington D.C.
Page 18

[handwritten letter]
Orville 20th Jan 7. 1834.
Dear Sir,
I am now enabled by the rec't of Mr. Merrill's Letter in answer to mine requesting his Cert. in the case of Dan'l Leavitt this day to forward all the Evidence in his case that can be obtained at the Comptrollers Office of the State of Connecticutt and at the Secretary's office of the State of Vermont.
It is indeed to be requested that nothing for the case can be obtained and that so much expence both to the Government and the applicant should be incured to so little purpose
I am Dear Sir, with much respect Your Ob't Serv't
/s/W. Eager
Page 19

Joseph Leavitt
Page 20

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Leavitt Onondaga N York which require further proof or explanation. 
I. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he resides? yes 
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [blank] 
IV. Has the declarant mentioned the period or periods of the war when he served? no 
V. *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? no Applicant will furnish the date & length of each tour of service, with the names of the officers, and the best evidence he can procure to sustain his declaration. 
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no
VII. Has he made a relinquishment of every claim to any other pension than the other under the Act of June 7, 1832? yes 
VIII. Has the Court given their opinion? yes 
IX. Has the Clerk given his certificate? yes 
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [blank]
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? [blank]
XIV. +If the applicant's name is not found on the rolls of military service has he produced a witness or witnesses as to his service? [blank]
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? [blank] 
XVI. ↕Are the papers authenticated as the regulations direct? noNO
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? [blank] 
EXPLANATORY NOTES. 
*QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For ______year______months, and______days______, I served as a______For_______months, and______days______, I served as a______;and for such service I claim a pension.
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3
It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. 
+QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of  his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
↕QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
⇨ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany papers.
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State of New York
Otsego County ss} [court seal affixed] I Horace Lathrop Clerk of said County do hereby certify that Oliver Judd before whom the within affidavit purports to have been sworn was at the date of the same one of the Justices of the peace in and for the said county and that I am acquainted with his hand writing and verily believe his name subscribed to the said Affidavit to the within certificate to be his proper hand writing and signature. Witness my hand and seal of office this 3rd day of October 1833
/s/Horace Lathrop, Clerk. 
State of New York
Onondaga County }ss: Joseph Leavitt being duly sworn by me this tenth day of October 1833. says that his military services as stated in his original Declaration before his Honor Judge Moseley on the 18th day of September 1832 and hereto annexed were all ordered to the best of his knowledge and belief and as he understood at the time of said ['said' crossed out] service as and whilst a member of an embodied corps called into service by competant authority and that his said service was in the field and that during the periods of his said service he was not employed in any other than that of military service he further says that all his papers in ay way relating to his military service during the revolutionary war have long since been lost, and that there is no person known to the Deponant to be now living except Benjamin Denslow whose affidavit ['affidavit' crossed out] he has procured (& is annexed) at the expence of a journey (on purpose) of at least seventy or eighty miles & that said Denslow informed him that he knew of no person now living, by whom this Deponant could make any further proof deponant further says that he knows of no written public Documents by which he can shew his service or any part of it
/s/Joseph Leavitt
Subscribed & sworn before me by Joseph Leavitt personally known to me to be the person described in & who made the Declaration annexed - } /s/W. Eager, Coms'r of Deeds
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State of New York
Otsego County }ss: Benjamin Denslow of the town of Westford ['Worcester' crossed out] in said County being duly sworn saith that he is of the age of seventy three Years & rising that he was in the Army of the United States and is now and has been for many Years past, a Pensioner under the laws of the United States in consequence of a wound received in an engagement of the American Army with Gen'l Burgoyne in 1777. - Deponant says that he served in that campaign under Col'o Cook & in the Company commanded by Cap't Jonathan Wadsworth whose Lieutenant was Austin Phelps and whose Ensign was Isaac Owen - that he is well acquainted with Joseph Leavitt who served in the same company with this Deponant as ['orderly' crossed out] Seargent for two months as a substitute for one Enoch Smith and was in the Battle with this Deponant at the time he received the would for which his Pension was granted - Deponent further says John Harmon raised a company of volunteers in Connecticut in 1776 to go to the north & that it is his impression & belief that Joseph Leavitt enlisted & went with him - 
/s/Benj'a Denslow
Sworn & subscribed before me by Benjamin Denslow with whom I am personally acquainted & believe to be a person of truth & veracity this 3d day of October A.D. 1833. - 
/s/Oliver Judd  Just Peace
State of New York 
[court seal affixed]
Onondaga County }S.S. I Alanson Edwards Jr. Deputy Clerk of the County of Onondaga do certify that William Eager before whom the affidavit of Joseph Leavitt purports to have been sworn (upon this paper) was at the date thereof a commissioner of Deeds for the County of Onondaga & duly authorisd by Law to take affidavits that I am acquainted with his Signature & believe his Signature to the certificate thereof to be genuine - Witness my hand & Seal of office this 10 day of October 1833. 
/s/A. Edwards Jr. Dep. Clk.
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adm'd
4 mo. pri
4 - Corp'l
5 - Serg't
1. Ensign
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State of New York,
County of Onondaga.} ss.
On this 18th day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared, in open court before The Honourable Daniel Moseley Vice chancellor of the Seventh Circuit for the State of New York at Court of Chancery now sitting*, Joseph Leavitt, a resident of the town of Pompey, County of Onondaga, & State of New York, aged seventy nine years, who being duly sworn according to law, doth, on  his oath, make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States, according to the best of his recollection, the last of August in the first year of the war of the Revolution, (1775) as a volunteer in the Militia of Vermont, in the regiment of Colonel Seth Warner, called the "Green Mountain boys." He enlisted in the company of Captain Wait Hopkins of Bennington, Vermont; and about the same time he recollects that Joh Hubbard, Seth Harmon, and Elijah Spear enlisted in the same company. The name of the Lieutenant in said company was Tehan (Tahan) Noble. The time for which he enlisted he does not recollect except from some circumstances. He thinks that it was about the last of December of the same year, as lake Champlain was frozen over and they were obliged to leave their boats. He therefore thinks that it could not have been less than four months (thought it may have varied a week or two) for which he enlisted. He further says that immediately  after enlisting, he, with the company to which he belonged, marched for Skenesborough, when they embarked for Canada, under the command of General Montgomery - After tarrying a few days at Isla St. Croix, which the Enemy had just evacuated, they 
* at the town of Onondaga for the said Circuit
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proceeded to St. Johns, to which siege was laid which lasted several weeks. Before the surrender of St. Johns, Colonel Warner's regiment was sent to the St. Lawrence, where they were soon engaged in the battle of [illegible] in which not a man of said regiment was killed and but one wounded which was his Captain. He further says that he and the company to which he belonged did not go down to Quebec with General Montgomery, as their term of service would have expired long before said expedition could terminate; but returned to Rupert Bennington County, Vermont, where he then resided; however the winter after he removed to Connecticut. He further says that in the aforesaid expedition, he served as waiter & to his Lieutenant Lehan Noble, as aforesaid. Other officers which he recollects were Captain Gideon Bronson and Majors Brown & Walbridge. 
Said deponent further says that in the year one thousand seven hundred and seventy six, or the second year of the war of the Revolution, while living in Suffield, Hartford County, Conn. he enlisted as a volunteer in the Connecticut troops under Captain John Harmon of Suffield as aforesaid, for the term of five months; of this he is positive. [margin note: Connecticut 5 mo Corp. 5] He was immediately chosen corporal, but for some part ['about half' crossed out] of the campaign he acted as orderly sergeant, or clerk, in the place of one Waters who was taken sick. He cannot distinctly recollect the month he enlisted this year but thinks that it was in May. In his company new were Lieutenants viz. Abbey of Enfield and Benjamin Harmon of Suffield as aforesaid. Colonel Mott [Mott Genl' crossed out] commanded the regiment in which he served but he does not distinctly recollect the other field officers. Immediately after enlisting he
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Marched for Mount Independence where he continued until late in the fall of that year when he returned for Connecticut, having ben engaged the whole season in fortifying the above place, without being engaged in a single battle. 
Deponent further says that in the year one thousand seven hundred and seventy seven, or the third year of the War of the Revolution he enlisted as a substitute for Enoch Smith, of Suffield as aforesaid, in the Captain Wadsworth of Hartford, State of Connecticut, and the regiment of Connecticut militia commanded by Colonel Cook for the term of Two Months as nearly as he can recollect. [margin note: 2 mo Ensign] He enlisted immediately after the Battle of Bennington, however he does not recollect the day or the month. He further says that Lieutenant Austin Phelps and Ensign Isaac Owen were in the same company in which he served; also Benjamin Denslow, the only person now living as he believes, able to testify to any of his services. Since Denstow, who, as he is informed, is now living in Cherry Valley N. York, was involved in the second battle with Burgoyne, and could not of course, testify to the length of time since deponent served in this campaign. He further says that he was in the battle with General Burgoyne - that after his capture he was ordered to Albany to prepare for the reception of General Howe. His party was about a week erecting fortifications on the Hill west of said city, and was there ordered down the Hudson where after reconnoitering until his time had expired he was discharged. In this campaign he had the office of ['Orderly' crossed out] sergeant. [margin note: 4 wks ensign In [illegible]]
Said Deponent further says, that in June of the following year he removed to Vermont, town of Rupert, County of Bennington and further that he was called out every Autumn, from that time, he thinks (Vary late he recollects 4 Years successively) to the close of the war to defend the frontiers against the Enemy, who then had
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command of lake Champlain, that sometimes he was out longer than others - ['often' crossed out] repeatedly as much as from four to five or six weeks, and he thinks at no time less than four weeks - That he always stood ready to go when where was an alarm - ['always positive drafted and volunteered' crossed out] always volunteered, that he is positive of being engaged in the Vermont Militia four seasons, viz, in the fourth, fifth, ['and' crossed out] sixth and seventh years of the war - that he held the office of Orderly Sergeant during the fourth fifth and sixth years of the war and during the remainder of the war and for several years thereafter he held an ensigns's commission which he received from Governor Chittenden of Vermont. - that he thinks he was engaged in the eighth years of the war but is not positive. He only knows that whenever the Militia of Vermont were called out, he went - He supposes it will be known at the War Department whether the Vermont Militia was called out in the last years of the war; and if so, he was out with them. He further says that he generally served under General Ethan Allen, however one season he remembers to have been under General Eno (Enos) and always under Captain Eastman and in the regiment commanded by Colonel Bronson - {margin note: officers commanded war - Sec) He further says that his discharges, received during the war, was always verbal and not written, and that the above mentioned commission which he held, and the rolls he  kept while orderly Sergeant are lost, and that he has no documentary evidence of any kind to show the length of his service, his age, or even that he was a Soldier of the revolution; and that he knows of no person living who can testify to his service, save the aforementioned Benjamin Denslow. 
He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares
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that his name is not on the pension roll of the agency of any State or Territory - 
/s/Joseph Leavitt
Sworn to, and subscribed this day and year aforesaid - Sworn this 18. Sept'r 1832
/s/Daniel Moseley Circuit Judge & Vice Chancellor
We Daniel Marsh a residing in the town of Pompey and ['Robert Barnum' crossed out] Thomas Barnum Jun'r a resident of the same town hereby certify that we are we are well acquainted with Deac. Joseph Leavitt, who has subscribed and swore to the above declaration; that we believe him to believe, in the neighborhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion - 
/s/Daniel Marsh
/s/Thomas Barnum Jr.
Sworn to, and subscribed, this day and year aforesaid - }
/s/Daniel Moseley Circuit Judge
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the War department, that the above mentioned, applicant was a revolutionary Soldier and served as he states. And the court further certifies, that it appears to them that Daniel Marsh who has signed the preceding certificate is a clergyman, a resident of the town of Pompey as aforesaid, and Thomas Barnum Jun'r has also signed the same is a resident in the same town, and is a credible person, and that their statement is entitled to credit - 
/s/Daniel Mosely Vice Chancellor}
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I Daniel T. Moseley Deputy Clerk of the Court of Chancery of the Seventh Circuit for the state of New York, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Leavitt for a pension - 
[court seal affixed] In Testimony whereof I have hereunto set my hand and seal of office this eighteenth day of September eight hundred and thirty two
/s/Daniel T. Moseley Deputy Clerk
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I Daniel T. Moseley Deputy Clerk of the Court of Chancery of the Seventh Circuit for the State of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Leavitt for a pension
In testimony whereof I have hereunto set my hand and seal of office this 20th day of October in the year of our Lord One thousand eight hundred and thirty three
Daniel T. Moseley
Deputy Clerk