Revolutionary War Pension and Bounty Land Warrant Application File R. 6,261, for Stephen Leech, Connecticut

SERVICE
SERVIC Conn.
Leach, Stephen
NUMBER _____
R 6261
CONTENTS

22.633
Stephen Leech, Deceased, late of Otsego county New York died May 32
I. auj
rejected
Henry Sill Burlington Otsego N. York

WAR DEPARTMENT,
Pension Office,
May 30
183 9
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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Stephen Leech , Otsago co New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted cont 1777 1 private Capt Douglas Col Douglas White Plains 82 Norwalk Tradition   Previous to the above Volunteered time not stated Maj Coit Bunkerhill Roxbury New York   Enlisted 1 Capt Chapman Capt Faulkin New London  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
X Dead - Time not stated.

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 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 } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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) , with and 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 on that of the 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 do hereby certify (h) 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 (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 and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 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

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 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. 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 traditional 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 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 _____ 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 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 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 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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Wilbana Gait was commander at the Bunker Hill Battle I went as a Volunteer
Then I enlisted under Capt James Chatmon one year and Lieutenant Darrow and George Sattermon Infine
then I enlisted for one year under Capt Josiah Duglefs and served the year out and Selvester Minner was in the service the same time I was in the Bat at White Plains the same year then I enlisted under Capt Jonathon Calkins and was in the Battle at New London and served one year with said Calkins
Ezekiel Smith and John J Smith were sworn evidences to my being in the service Stephen Leach
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

no what I say
State of New York County of Otsego
Henry Sill of said county being duly sworn before me the undersigned Judge of Otsego County depones and saith that he was well acquainted with Stephen Leach Deceased the person mentioned in the accompanying declaration that said Leach did in his life time often apply to this deponent for aid in obtaining a pension from the U. States for Revolutionary services that said Leach did hand this deponent the within paper as a memorandum to draw up his declaration from which this deponent does believe is the hand writing of said Leach and contains a memorandum of his service the additions with a pencil were made by this deponent. That this deponent told him that unless his service was in the original continental army and that he could procure the testimony of two witnesses who could testify to his service or the testimony of an officer his application would be rejected and this deponent advised him to state nothing more than what was strictly true and what he could distinctly recollect that this deponent believing the within to be a true statement of his service gave said Leach a form of an affidavit for him to procure the testimony of the witnesses mentioned. That afterwards said Leach informed this deponent that he had not been able to find them nor had not at his death to the knowledge of this deponent and that this deponent has no knowledge of any person whose testimony can be procured to prove his service. Sworn and subscribed this 18th day of June 1833
Jarvis C. Walworth before me a Judge etc. Henry Sill I certify that the above mentioned Henry Sill is a credible person Jarvis C. Walworth a Judge of Otsego County 1833

County of Otsego ss: On this seventh day of February 1832 personally appeared in open court, being a court of Records, for the County of Otsego. Stephen Leech resident in said County, aged eighty two years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the provisions made by the Acts of Congress of the 18 th March 1818 and the 1 st May 1820: That he the said Stephen Leech enlisted for the term of one year in the summer before the battle of White Plains in New York in the State of New York in the Company commanded by Captain Douglas in the Regiment afterwards commanded by Colonel Douglas in the line of the State of Connecticut on the regular continental establishment, and that he continued to serve in said corps until the end of the year at the expiration of the term of his enlistment, when he was discharged from the service in White Plains in the State of New York. That previous to the above named service, he served as a Blunder under William Brit in the Battle of Brandy Hill. Also that he served one year under Captain James Chapman, Lieut. Darrow, Ensign George Lattimore in Roxbury in the State of Massachusetts; And that subsequently to the above named service, he enlisted under Captain Jonathan Gaulkins and served one year under said Capt. Gaulkins, and was in the battle of New London. That he hereby relinquished every claim whatever to a Pension except the present; That his name is not on the rolls of any State except of Connecticut. — And that he did make an application for a pension about nine years since, through the agency of Judge Moyer M. E. from Chenango County, and that he did not then obtain a pension. —

And the reason that he has not sooner pursued his application for a pension is, that he could not find the proof of his service, that he was informed that it would be necessary to produce to substantiate his claim. —
And in pursuance of the Act of the 1 st May 1820 I do solemnly swear that I was a Resident Citizen of the United States on the 18 th March 1818, and that I have not since that time, by gift, sale, or in any manner disposed of my property or any part thereof, with intent thereby so to diminish it as to bring myself within an Act of Congress, entitled "An Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary war," passed on the 18 th day of March 1818: And that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts due to me, nor have I any income, other than what is contained in the Schedule hereto annexed and by me subscribed, I have a Wife to support aged 80 years. —
viz: One Cow worth $20. 7 Hens 1. 10 Geese 5. 2 Beds 20. 5 Chairs 1 table (old) 3. Cooking utensils 4. Wearing apparel of myself & Wife 20. $73. 00
Sworn & subscribed the 7 th day of February 1832 in open Court. Stephen Leach
Horace Lathrop, Clerk.
We the undersigned Judges of the Court of Common Pleas of Otsego County, have examined the above Inventory.

and do appraise the articles therein mentioned, at the sum of seventy three dollars. Witness our hands in open court this 15 th day of February 1882.
Geo. Morell First Judge Otego NY Elisha Root & Judges. J. O. Morse
Otego County Clerk's Office p: I Horace Lathrop Clerk of the Court of Common Pleas of said County, do hereby certify, that the above has been compared with and is truly copied from the Records of the said Court. —
Given under my hands and Seal of Office, at Cooperstown in the County of Otego, the 6 th day of March 1882. —
Horace Lathrop, Clerk

We William G. Angel a member of Congress residing in the town of Exeter in the County of Otsego and State of New York and James C. Walworth a judge of the Courts of Common Pleas residing in the town of Burlington in the County of Otsego aforesaid hereby Certify that we were well acquainted with Stephen Leek (Deceased) the person who subscribed and swore to the foregoing declaration that we believe he was Eighty two years of age at the time he made the said declaration that he was repulsed and killed in the neighbourhood where he resided to have been a soldier of the Revolution, and that we concur in that opinion Sworn and subscribed this 16 th day of October 1832 in open court.
William G. Angel Horace Lathrop Clerk J. C. Walworth
And the said Court do hereby declare their opinion, after the investigation of the matter, that the above named applicant was a Revolutionary Soldier and served as he states has stated in the foregoing declaration. And the Court further certify that it appears to them who has signed the preceding certificate that William G. Angel, is a member of Congress resident in the town of Exeter in said County and that James C. Walworth who has also signed the same is a Judge of the Court of Common Pleas resident in the town of Burlington in said County and their statement is entitled to credit.
James C. Walworth } Judges E. Root

State of New York
Otsego County ss: I, Horace Lathrop, Clerk of the Court of Common Pleas in & for the said County do hereby certify, that the foregoing contains the original proceedings, at at the present term of said Court, in the matter of the appli- -cation of Stephen Leech for a Pension. In testimony whereof I have hereunto set my hand and seal of Office this 19 th day of October 1892.
Horace Lathrop, Clerk.

State of New York County of Orange
Personally appeared before me the sub- scribed a justice of the peace of said County David Newcomb of the town of Edmeston in said county who being duly sworn deponeth and saith that he was well acquainted with Stephen Leech, the person who made the annexed Declaration in said Leech's lifetime that this deponent made the coffin in which said Leech was buried That this deponent lived nearest neighbour to said Leech & That said Leech died on the 28 day of May 1832 and was buried on the 30 th day of May 1832 That this deponent assisted in laying him out and in burying him
Sworn and subscribed this 17 th day of June 1833 Before me M. B. Smith Justice David Newcomb
I hereby certify that the above deponent is a person of truth and veracity and his statements are entitled to credit M. B. Smith J.P.

State of New York Oneida County ss
for I Horace Lathrop, Clerk of the said County, do hereby certify, that Moses B Smith Esq. 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 & 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 & signature. Witness my hands, and Seal of Office this 22 nd day of June 1833
Horace Lathrop, Clerk.

State of New York County of Otsego We David Newcomb Silas Kelsey Roswell Kelsey and Abraham Parker all residents of the town of Edmeston in the County of Otsego and State of New York hereby certify that we were near neighbours to and well acquainted with Stephen Leach Deceased the person who made the accompany- ing Declaration, that we believe him to have been Eighty two years of age at the time he made the same that he was always reputed and believed in the neighbourhood where he resided to have been a Soldier of the Revolution and that we concur in that opinion - and that he always sustained the character of a man of truth and veracity and we do believe that he did do all the matter set forth in his declaration
Sworn and subscribed this 17 th day of June 1833-
before me
M.B. Smith Justice
David Newcomb
Silas Kelsey Roswell Kelsey
Abraham Parker
I hereby certify that I am well acquainted with the above named David Newcomb Silas Kelsey Roswell Kelsey and Abraham Parker and that they are res- pectable citizens of the town of Edmeston in said county and are all credible persons and entitled to belief
I further certify that I was well acquainted with Stephen Leach was employed as his physician and that I concur in the statements of the above deponents above -
M.B. Smith Justice

State of New York
Otsego County - ss.
I Horace Lathrop Clerk of the said County do hereby certify that Moses B Smith Esq. before whom the within Affidavit purports to have been sworn, was at the time, in and for the date of the same one of the Justices of Otsego County herein . 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 & signature. Witness my hand & Seal of Office this 22 nd day of June 1838.
Horace Lathrop. Clerk.

State of New York } County of Otsego } of the June term, Now sitting,
Court of Common Pleas of said County
And the said Court do hereby certify that on this 18 th day of June 1833 that after a careful examination of the claim of Stephen Leach younger for a Pension and the accompanying papers heretofore submitted to this court and the accompanying affidavits of Henry Sill David Newcomb Silas Kelsey Roswell Kelsey and Abraham Parker all known to this court to be good men and true and also the certificate of Moses B. Smith a justice of the peace of our said County - The court again declare their opinion that the evidence adduced is satisfactory to this court that the said Stephen Leach deceased did serve in the Revolutionary War more than the two years as he has stated - and that said claim had ought to be allowed and further it satisfactorily appears to this court that the said Stephen Leach died on the 28 th day of May 1832.
Done in open Court on this 18 th day of June 1833
James C. Walworth Seth Chase Judges Sheldon Page
State of New York } Otsego County } ss: I Horace Lathrop, Clerk of the said Court of Common Pleas in & for the said County of Otsego, do hereby certify, that the above contains the original proceedings of the said Court, held on the eighteenth day of June last, in the matter of the claim or application, on behalf of Stephen Leach for a Pension. In testimony whereof I have hereunto set my hand, and the seals of said Court this 22 nd day of June 1833 Horace Lathrop, Clerk.

Rev. New York Supreme act 7/22/32 Rejected letter 18 Oct 1833 to
Henry Sill 6261

Acts of July 14, 1862, and March 3, 1873.
REJECTED
P. O.
Stephen Leach Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .