Revolutionary War Pension and Bounty Land Warrant Application File S. 4541, for George Leiby, Pennsylvania
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SERVICE   Penn.
Leiby, George
NUMBER  S. 4541
carded
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Ohio  13.090
13090
George Leibey of Hamill in the State of Ohio who was a Private in the company commanded by Captain Lordy of the Regt command by Col. Carr on the Penna line for 8 months 
Inscribed on the Roll of Ohio at the rate of 26. Dollars 66 Cents per annum to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 10 day of May 1833 and Sent to H.P. Gaines Cincinnatti Ohio    
Arrears to the 4th of March ’33    53.32   
Semi-anl. allowance ending 4 Sept 33. 13.33
$66.65
{Revolutionary Claim, Recorded by June 7, 1832.} 
Recorded by Wm. R. Palmer Clerk 
Book E  Vol. 8. Page 15. 
1888 July 19 – S. F. Cary history- Prior 
Date of death not on AB [Agency Book]
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George Leiby Hamilton County Ohio
Adm. for 8 Months
H. P. Gaines Cincinnatti Ohio
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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 shew 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 compling with this request greatly facilitate the investigation of your claim. 
Statement, showing the Service of George Leiby Hamilton County Ohio
Period when the service was rendered Entered & served in different Tours of 2 Months Each  Duration of Claimant’s Service  8 Months   Rank of claimant.  private    Names and rank of the Officers under whom he served.   Cap. Lordy  Col. Carr     Age at present and place of abode when he entered the service.   79 years  Wuhr County Pennsylvania   Proof by which the declaration is supported. Traditionary evidence & Clergyman’s certificate, witness certificate, credible applicant unable to appear in Court as stated by the Justice of the Peace – papers correctly attached   
I am respectfully 
Your obedient servant 
JAMES L. EDWARDS, 
Commissioner of Pensions.
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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 of 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 in stance, 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 day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District years, who being first duly sworn, according to law, doth on his oath make the in 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) served in the (e) regiment of the 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 that of Agency in the State of    
Sworn to and subscribed the day and year aforesaid. 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 of the Court of hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of for a pension.               
In testimony whereof I have hereunto set my hand and seal of office (i) this day of & 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C.D. residing in (the same) who has 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 day and year aforesaid.                 
[And then will follow the certificate of the Court.]     
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary 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 and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.               
I, Clerk of the Court of contains the original proceedings of the said Court, in the matter of the application of for a pension. do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of & 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
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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 Town officer 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 he 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. 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 Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed 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 declaration herein required is made, the parties interested will transmit such evidence as they can cure, taken and authenticated before a Court of Record, showing the services of the deceased, the person 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 must 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 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---yearmonths , anddays , I served as amonths and --- days, I served as 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 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 that they served two 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 shown 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.    
[f]  The law makes the relinquishment indispensable. 
[g]  The opinion of the Court is always required.  
[h]  The Clerk must give his certificate in every case. 
[i]  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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 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 must 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 of 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 wife nesses, 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 in note [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.
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George Leiby 
to the United States
application for a pension
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State of Ohio, 
County of Hamilton } SS  
On this sixth day of April 1833, personally appeared before me Rich’d Mufford a Justice of the Peace in and for the Cty & Township of Cincinnati in said County of Hamilton and State of Ohio, George Leiby, a resident in the same City, County and State  aged seventy nine years who being first duly sworn according to law, doth, on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832. 
That he entered the service of the United States under the following named officers, and served as herein stated;- that at the time at which the British army attacked the Flying Camp on Long Island, and took them prisoners (the year of which he the said George Leiby does not now recollect) he was on his march from Berks County Pennsylvania, his then residence to Amboy; and on the said March passed through Easton
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in the State last named; that while on of the his way, he heard the news of the capture of said troops called the “Flying Camp”;  in this expedition of the said George Leiby he states that he was a Militia man in Capt. Jacob Lordy's Company and Col. Walter Carr’s Regiment of Pennsylvania Militia that as well as can now recollect the period of Marching as aforesaid was in the fall season, and his tour of duty, of two months continuance that he went as a private, and because that according to the arrangement of said Company to which he belonged, it had come to his turn, that in the said tour of duty as well as in three subsequent ones of equal duration, each (making eight months service in the aggregate) he was included  with half of said Company it being
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so arranged that one half of said Company had to serve two months, which when done, they would return and the other half would me succeed them and soon thereof it he the said herby had in four tours of two months each, served eight months as aforesaid that in the time of these several tour he served under several different captains and Colonels, but he cannot now recollect the names of any of them, he being at that time totally unacquainted with the English language, and able to speak the German Language only; that at the expiration of his fourth and last tour of duty, he was finally discharged, or rather, it never afterward came to his turn to perform any other military duty that the place of his said discharge will at Reading Pa. where he had
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been by some time, employed in guarding Tories, bringing them in &c  but he never in any of said tours of duty was in a battle; that he does not recollect the names of any of the officers regular or militia, with whom he served in said of duty; & for the simple reason, that when he heard their names in Eighth, he did not understand them; and finally, he the said Leiby states that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service. 
He hereby relinquishes every claim  whatever to a pension or annuity except the present and declares that his name is not on the pension roll the of the agency of any state.
And at the same time above mentioned, the following interrogatories
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were propounded by and the said Richard Mufford a Justice of the Peace as afore said & he answered thereto as follows 
1st Where and in what year were you born? 
Answer. I was born in Berks County Pennsylvania near a mound, called “Pittsberg” - on the 17th of November 1753. 
2nd Have you any record of your age, and where is it?  
Answer. I have a copy of the Register of my birth, taken from my fathers bible a number of years since by an Old School Master; - this makes the day of my birth, the 17th instead of the 27th Novr 1753, as stated before by my father
3rd Where were you living when called into service; where have you did since the Revolutionary war, and where do you now live?  
Answer:  I was living in Berks County Pennsylvania, when called into service, & remained there until about the close of the war, then removed to the vicinity of Chambersburg Pa where I remained a year or about that time; & I afterwards lived near Hagerstown Maryland Lexington Ky, & now live & have lived in Cincinnati Ohio, about twenty one years 
4th How were you called into service
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were you drafted, did you volunteer or were you a substitute? And if a substitute for whom?
Answer. I never was drafted, as I recollect; but had to go with the half of my company when it came to my turn as before stated. - I was not property & volunteer, nor was I a substitute.
5th 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 service. 
Answer - I did not understand the English language, when I was in the army & if I heard the names of the Regular of Militia Officers, or their Regiments, did understand them, therefore have no farther recollection than I have stated above 
6th Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it 
Answer - I never received a written discharge as I recollect, but was merely permitted to go home, at the and of each term of two months as before stated.- 
7th State the names of persons to whom you are known in your present neighbourhood
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and who can testify as to your charter for veracity, and their belief of your services as a soldier of the revolution. 
Answer. I am known in the City of Cincinnati (where I now reside, have long resided,) by Wm Burke, Col. F Carr, the Post Master, Danl Gano, Clerk of the Court of said County, Jno. Mahard Esq. and nearly all of the old settlers of said city, & they will testify to my veracity & their belief of my having been a soldier of the Revolution 
Sworn to and subscribed the day and year aforesaid. 
George Leiby his mark  
Attest Rd. Mufford
And I the said Richard Mufford a Justice of the Peace as aforesaid do hereby certify that by reason of advanced age & bodily infirmity, the said George Leiby is unable to attend Court Although the said Court is now in session in the his City of Cincinnati, his place of residence and I do further certify, that I have been for a number of years acquainted with him, and now state with pleasure, that his truth and veracity
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he the said George Leiby, bears as Well deserved Character amongst his neighbors and acquaintances in said City – Given under my hand and seal this 6th day of April 1833 
R. Mufford  J. Peace [seal]  
Court of Common Pleas of Hamilton County Ohio – 
We  William Wright Clergyman residing in the City of Cincinnati, County of  Hamilton and State of Ohio, aforesaid and Richard Fosdick, residing in the same County and State, hereby certify that we are well acquainted with George Leiby who has subscribed and sworn to the above declaration; that we believe him to be seventy nine years of age that he is reputed and believed, in the neighbourhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.- 
William Burke
Rich’d Fosdick 
Sworn to and subscribed the day and year aforesaid in open Court. 
Danl Gano clk
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And the said Court do hereby declared their opinion, from the foregoing examination of the above named George Leiby and his answers to the interrogatories attached to his declaration as certified by the above named R. Mufford, a Justice of the Peace of said County of Hamilton, as well as from the foregoing certificate of William Burke and Richard Fosdick, that the said George Leiby was a soldier of the Revolution as he has stated in his declaration - And the Court further certifies, that it appears to them that Willam Burke, who has signed the preceding certificate, is a Clergyman , resident in the said City of Cincinnati County of Hamilton, and State to of Ohio, and that Richard Fosdick who has also signed the same is a resident in the same City County and state,
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is a credible person, and that their statement is entitled to credit.
 Attest- Danl Gano clk E H. T. H.C. Ohio  
I Daniel Gano Clerk pro tem of the Court of Common Pleas of the this aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court, as far as the same purports to have been before them, in the matter of the application of George Leiby for a pension; and I do further certify that Richard Mufford whose certificate is hereto attached, was at the date of said Certificate, a Justice of the Peace of said County of Hamilton; & that full faith & credit is due and ought to be given to all of his act and deeds as such.  - In testimony whereof I have hereunto set my hand and the seal of office, this 15" day of April 1833. 
Danl Gano Clk pro tem H. C. Ohio 
George Leiby 
Application for a Pension
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November 13, 1934 
BAJ/EEL 
George Leiby- S.4541
Mr. E. B. Leiby 
138 West Church Street 
Bergenfield, New Jersey 
Dear Sir: 
Reference is made to your letter in which you request the Revolutionary War records of George and Frederick Leiby, of Pennsylvania, also, information in regard to the various classes of service during the Revolutionary War.
There is no claim for pension on file based upon service in the Revolutionary War of a soldier with the name Frederick Lyby or any other spelling. The record of George Leiby, of Pennsylvania, and later of Hamilton County, Ohio, has been found. His record is given herein as shown in pension claim, S.4541, based upon his service in the Revolutionary War.  No other record of a George Leiby is on file. 
It is suggested that you apply to the Adjutant General, War Department, this city, who is custodian of military records for the information you desire in regard to the various classes of military service.
George Leiby was born in Berks County, Pennsylvania, November 17, 1753. The names of his parents are not shown. 
While residing in Berks County, Pennsylvania, he enlisted and served two months as a private in Captain Jacob Lordy's Company , Colonel Walter Carr's Pennsylvania Regiment. He afterward enlisted and served three tours of two months each; no names of officers are given for these tours and no dates are shown for any of his service.  
Could not identify officers Sol. Not in Pa. Archives
He continued to reside in Berks County, Pennsylvania, until the close of the Revolution; then moved to the vicinity of Chambersburg , Pennsylvania, where he lived for about one year. Afterward, he lived near Hagerstown, Maryland, and in Lexington, Kentucky
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George Leiby was allowed pension on his application executed. April 6, 1833, while residing in Cincinnati, Hamilton County, Ohio, where he had resided for twenty-nine years. 
There are no data as to soldier's family. 
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, George Leiby (S.4541) you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data: 
George Leiby (S.4541), Certificate No. 13090, issued May 10, 1833, rate $36.66 per annum, commenced March 4, 1831, Act of June 7, 1832, Ohio Agency. 
Very truly yours A. D. HILLER 
Executive Assistant to the Administrator.
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ELIAS B. LEIBY LAWYER 
138 WESTCHURCH STREET 
BERGENFIELD, NEW JERSEY 
October 16, 1934. 
Veteran’s Bureau
Washington D. C.
Gentlemen: 
I am informed by the State Librarian of the State of Ohio that one George Leiby served in the Revolutionary War; that he either served from Hamilton County, Ohio, or died in that county; that he held the rank of General. 
Would you be kind enough to inform me what records, if any, you have concerning this George Leiby, if he served in the Revolution, details of the service, his rank, particularly whether he bore that of General during the period of war or whether it was thereafter conferred. 
The Pennsylvania archives show the enlistment for the period of three years, and the discharge at the end of that period of one Frederick Leiby in the archives the name is given as Frederick Lyby). Do your records show anything respecting this service? Being a three year enlistment, it strikes me that the service may have been in the Continental Army. 
Would you be kind enough to inform me briefly, or refer me to a source of information respecting the different classes of service -- the militia, the Continental Army, or other class of service and the distinctions among them. 
Very truly yours, 
E. B. Leiby
E. B. Leiby
EBL:J
RECEIVED OCT 17 1934 MAIL SUB-DIV VETS ADM
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1934 – Nov  13. Hist to E. C. Leiby ERM 
Rev War 4541   
File No. 4541 
INVALID. 
George Leiby 
Privt Rev War 
Act: June 7. 1832 
Index: -- Vol. A Page 219 
[Arrangement of 1870.]
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p.25
24577
Free
James L. Edwards Esquire
Washington C. D.
care of the Hon  Lewis Cass Secretary of
War -
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Cincinnati Ohio April 15th 1833 
Sir
You have, inclosed, the declaration and vouchers of George Leiby for pension – He is old and infirm as to be unable to leave his house, and of course unable to attend Court.- hence his examination was taken at his residence by a justice of the Peace, in pursuance of the directions from the War Department. 
This old and is well known to Messrs Elijah Haywood & Sackett Reynolds, formerly of this City, but now in Washington & they will vouch for his general character veracity and the strictest honesty. 
I am not however aware that they know any thing of  his reputation for having been a soldier in the Revolutionary War, as neither of those gentlemen resided in the same part of the City with him. 
Please send on return in all of my cases as soon as you can. 
Respectfully your &c
H. P. Gaines