Revolutionary War Pension and Bounty Land Warrant Application File S. 29964, for Barak Lealand, Massachusetts

SERVICE
NUMBER
Mass.
Leland Barak
S. 2996 H
CONTENTS

21. 319 Massachusetts
Sarah Lealand of Middlesex in the State of Mass who was a Private in the Company commanded by Captain Ballard of the 8th Regt by Col. Brewster in the 1st Regt line for 20 months
M.
Inscribed on the Roll of Massachusetts at the rate of 60 - Dollars - 67 - Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12th day of Sept 1833 and Sarah Lealand Fiske Est Cambridge Mass
Arrears to the 4th of Sept 1833 $ 166 67 Semi-ant. allowance ending March 1834  33 33
$ 200 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by K. C. Brown Clerk Book E Vol. 2 Page 58

6887
Barak Leland
Prints 20 Nos
16 08
March 29 1833
P. 315
33.34
33.33
66.67
Isaac Fiske Regr Probate Cambridge Middlesex Mass

6887  BRIEF in the case of  Barak Leland  of Middlesex Co in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years. Months. Days.     April '75-   July In 1776 to Dec. 8 Private Gen. Bullard Col Brewer   July '77 4 & few days " Col Chamberlain   July '77 4 " Col Winch Col Bullard   Dec. '77 3 " Col Burbank Col Perry   July '80 1 " Col Leland Col Perry  
 5. In what battles was he engaged? Concord - Bunkerhill - at Capture of Burgoyne  6. Where did he reside when he entered the service? Sherburn 
 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 4 living witnesses 
 8. Are the papers defective as to form or authentication? and if so, in what respect? The affidavits not properly authenticated 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. B. Easton Examining Clerk.  23 Jan'y 83

Having examined the Records of the Town of Sherburne for the date of the birth of Barak Leland of Sherburne, I hereby certify that the following is a true Copy of the original Record now in my possession.
"Barak Leland the son of William and Jemima Leland was born on ye 24 th day of March 1756"
Attest. Dalton Goulding, Town Clerk.

Mark Leland 1888/
[Faint, mirrored text bleed-through from the reverse side of the page]

Commonwealth of Massachusetts.
Middlesex ss.
On this Nineteenth day of December in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, Barok Leland a resident of Sherburne in the County of Middlesex and Commonwealth of Massachusetts, aged Eighty six 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 7, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated:
He enlisted the latter part of April 1775, having been in the battle at Concord 19 th of April, being a few days before he enlisted; — Col. Benjamin Bellows of Sherburne commanded. Col. Jonathan Moseman commanded the Regiment. — He was in Brinker Hill battle & was, after being stationed at Cambridge & remained in the service under this enlistment for the term of Eight months: —
He again enlisted in the month of July 1776 into a company commanded by Col. Staples Chamberlain of Holiston in Col. Wheelock's Regiment; — he marched to Charlestown N o . 4 & there joined the Regiment & then marched to Skeensborough, now called White Hall; then down the lake to Ticonderoga. & there remained till December 1776 & was then dismissed, having served a few days over four months. —
He again enlisted in the month of July 1777 for the purpose of taking Burgoyne, into a company commanded by Col. Wind & Col. Samuel Bullard's Regiment. — He marched to Bennington & then to Lake George, thence to Skeensborough & then to Still water & joined General Gates Army & was at the capture of Burgoyne; — He served under this enlistment four months. —
He enlisted into a company commanded by Col. Saml. Burbank & Col. Perry's Regiment, in the month of December 1777. & marched to Providence, thence to Greenwich & was stationed at the house of one George Reynolds in the town of North Kingston in Rhode Island to guard against the crew of an English Ship. & was there dismissed. — He served under this enlistment three months. —
He was drafted in the month of July 1780 into a company commanded by Col. Joshua Leland in a Regiment commanded by Col. Perry: — Col. Broad, was major: — He marched to Scituate & then to the Island: — The French Fleet then lay in Nantasket. He was in the service under this enlistment one month. —
He has no documentary evidence: —
He was born in Sherburne, 24 th of March 1756. a copy of the record is herewith forwarded. —
He was living at Sherburne at the times of his several enlistments. & has lived there ever since. He enlisted on every occasion, except the last, when he was drafted. —
General Green was the Genl. at Prospect Hill: — at Ticonderoga. General Brackett commanded under Genl. Gates.
He never received any discharge; & never received any pension. —
He is known to the Rev. Nathl. Horn of Hopkinton & Deacon William Clark of Sherburne —

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 of any state,
Barach Leland
We, Nathaniel Howe — the town of Hopkinton near Sherburne residing in said Sherburne — and William Clark — residing in said Sherburne — hereby certify, that we are well acquainted with Barach Leland —
a clergyman, residing in the who has subscribed and sworn to the above declaration; — that we believe him to be seventy six — 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.
Nathaniel Howe William Clark
Sworn and subscribed the day and year aforesaid.
J. P. P. Fay Probate
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 certify, that it appears to them that Nathaniel Howe who has signed the preceding certificate, is a clergyman, resident in Hopkinton adjoining to and that William Clark — who has also signed the same, is a resident in Sherburne — and is a credible person; and that their statement is entitled to credit.
J. P. P. Fay Probate
Isaac Fiske Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Barach Leland for a pension.
In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Fiske

Aut: June 1, 1870
Vol. 3 Page 32
[Arranged at 1870.]

6889
Barak Leland
Isaac Fiske Rev of Probate Middlesex Co Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Barak Leland 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? ✓ IV. Has the declarant mentioned the period or periods of the war when he served? Yes 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? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one 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

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? Y
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Y - 2 not
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Y
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? Y
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Y
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.”

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.
†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 authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

William Clark's Affidavit

I William Clark of Sherburne in the County of Middlesex and Commonwealth of Massachusetts of lawful age testify and say. That sometime in the month of May 1775, I joined the American Army at Cambridge near Boston, and was placed under the Command of Capt. Benjamin Bullard of Sherburne in the Regiment commanded by Col. Jonathan Brewer; Barak Leland of said Sherburne was in the Company commanded by said Capt Benjamin Bullard when I joined the Army. We remained at Cambridge till the morning of the memorable seventeenth of June following, when we marched to Bunker Hill where we fought under the command of said Bullard and Brewer. After the Battle and retreat from Bunker Hill, we marched to Prospect Hill where we remained stationary till the last day of December following, when we were dismissed, having served out the time of our enlistment, being about eight months. I am now seventy eight years of age, and cannot recollect the precise day of May that I joined the Army, but I am confident it was sometime in May, and that said Barak Leland was in the Army when I joined the Army, and that he remained with us till the last of December, when the eight months service expired. Furthermore your deponent saith not.
William Clark
Middlesex. ss. Sherburne August 17th 1832. Then the above named William Clark made Oath that the foregoing Affidavit by him subscribed is true. I also certify that the said William Clark is a man of truth & a credible Witness.
Dalton Goulding Justice of Peace

I, Salas Bacon of Dover in the County of Norfolk and Commonwealth of Massachusetts being of the age of seventy three years, do hereby testify, that Barak Leland of Sherburne in the County Middlesex and Commonwealth aforesaid was an a soldier in the same Company with me in the year of our Lord one thousand seven hundred and seventy seven, and served the term of four months in the Massachusetts Line of Militia, which term commenced the beginning of August, and terminated the beginning of December of the same year, the Regiment then being commanded by Col. Samuel Billings of Sherburne in the Company of Joseph Winch of Framingham Joshua Fiske of Nahik being Lieutenant; the Company paraded in Framingham and marched to Bennington and Manchester in Vermont, from thence was detached under the command of Col. Brown of Vermont, marched from thence to Lake George, Landing where after a short Battle we succeeded in capturing between two and three hundred of the enemy - Thence up Lake George, and was defeated at Diamond Island. marched from thence to Stillwater by way of Skeneborough from thence to Saratoga and present at the surrender of Burgoin; thence down the Hudson River to Tarrytown and White Plains in the State of New York and there discharged - Furthermore, I also served with Barak Leland aforesaid three months in the winter next succeeding the above date in the State of Rhode Island which term of service commenced about the last of December, or first of January in the year one thousand seven hundred and seventy eight, under the command of Capt Samuel Burbank of Holliston and Lieut. Joshua Leland of Sherburne, the Company being cantoned into several Guards, have no recollection of a Regiment being formed at that period, and have no knowledge of Field Officers except, that one Col. Tyler had a command in that vicinity - We were stationed at the house of one George Prunells in the Town of North Kingston in Rhode

Island to guard against the encroachments of the Crew of an English Ship of War, which lay opposite our Station in Narragansett Bay, and was dismissed at that place.
Further your deponent saith not.
Silas Bacon
Middlesex ss. Sherburne, August 4th 1832. Then the abovenamed Silas Bacon made Oath that the foregoing Affidavit by him subscribed is true; & I also certify that the said Silas Bacon is a Man of truth and a credible Witness.
Dalton Goulding. Justice of Peace.

Commonwealth of Massachusetts
Middlesex ss. It is certified that the Court of Probate in and for said County; hereby certify that Dahlen Goring whose genuine signature is set to the within certificate & to the certificate in the deposition annexed of Mary M. Haines, Anna Leland & William Cook, & that Elias Putnam whose genuine signature is set to the certificate in the deposition of Grace Smith annexed, are justices of the Probate within said County
In testimony whereof I have hereunto set my hand & seal at Offin this Nineteenth day of August 1832
Francisake

Isaac Smith of Holliston in the county of Middlesex and commonwealth of Massachusetts. Yeoman do testify and say that Barak Leland of Sherburne in said county. Yeoman. then an Inhabitant of said Sherburne. Sometime in the month of July A.D. 1776. enlisted into the Militia Company commanded by Capt. Staples Chamberlain and in the Regiment commanded by Col. Ephraim Brick Wheelock. for a term of four months. and marched from said Sherburne to Charleston in the State of New-Hampshire. from then to Keeneborough from then down the Lake to Ticonderoga. and there remained until his enlistment expired and he was dismissed. and that I was in the service during the same time for three months with the said Leland.
Isaac Smith
Middlesex. S.S. August 18. 1832. Then personally appeared the above named Isaac Smith and made Oath that the above affidavit by him subscribed is true before me - Elias Bullard. Justice of the Peace
I Elias Bullard before whom the above affidavit was taken hereby certify that the above named Isaac Smith is a credible person.
His credibility Elias Bullard Justice of the Peace

has been a Man of strict integrity and veracity; and that I am fully satisfied he is a credible Witness.
Dalton Goulding. Justice of Peace.
Shoeburyness May 18 th 1833.

We Benjamin Haws of Leominster in the County of Worcester and Amos Leland of Sherburne in the County of Middlesex and Commonwealth of Massachusetts, of lawful age, testify and say, that in the month of July 1780, we marched to Kingston in the State of Rhode Island in the Company of Militia commanded by Capt. Joshua Leland of Sherburne; the French Fleet was then lying near Newport. Barak Leland of Sherburne aforesaid was in the Company with us. We remained at Kingston on duty as near as we can recollect between two and three weeks; we recollect being there two Sabbaths distinctly. The Company was ordered home, but at Medfield they received orders to return. We crossed the River to Sherburne and stayed over night, but marched again the next day for Kingston. How long we stayed at Kingston on our return, we cannot remember, but the said Amos Leland recollects distinctly that he played Ball there several days, and performed such duty as was required of them. We cannot say how long we were on duty precisely , but as near as we can recollect we were absent a month, or thereabouts. Furthermore your Deponents say not.
Benj r Haws
Amos Leland
Middlesex ss. August 28 th 1832 Then the above named Benjamin Haws and Amos Leland made Oath that the foregoing Affidavit by them subscribed is true. And I also certify that the said Amos Leland is a Man of strict truth and a credible Witness. The other Witness is a Stranger to me.
Dalton Goulding, Justice of Peace.
I further certify, that I have made inquiry of highly respectable people who have long been acquainted with the abovenamed Benjamin Haws, some of them for half a Century, and all concur in the assertion, that the said Benjamin Haws is, and always

has been a Man of strict Integrity and veracity, and I am fully satisfied he is a credible Witness.
Dalton Goulding, Justice of Peace.
Sheburne. May. 18th. 1833.