Revolutionary War Pension and Bounty Land Warrant Application File S. 13720, for Joseph Leseur, Rhode Island

SERVICE
NUMBER
R J
Lesieur Joseph
813720
boarded
CONTENTS

19797
New York
Joseph Lesieur
of Cayuga Co in the State of New York who was a private in the Company commanded by Captain Blackman of the Regt. commanded by Col. Hitchencock in the R. I. ma line for 10 mos.
Inscribed on the Roll of New York at the rate of 33. Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of May 1833 and sent to A. Gould Auburn
Arrears to the 4th of March 1833 $ 111. 16 Semi-annual allowance ending Sept. 16. 16
$83.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 15

10/19/97
Joseph Leseno Cayuga 6° N. York
admitted. 10 mo Pirate.
A Gould age Salurn. N. York

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 subjjoined 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. These 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 Lesuer  bayanga 6 th NYork
   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.     Enlist 1775 8 Prior Cap Black M c Man Corp Cutler Col Hite Col Ray Gen. Sullivan Gen. Green Penns va Jamaica Plains Pocahontas Hills Pa 80 Pocahontas 8 th Dist Writings   Enlist 1778 2 New Port  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 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 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.
[1] 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.
[2] The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [1] applies to continental troops only.
[3] This traditional evidence is indispensable in militia cases.
[4] If a witness cannot be found, the declarant must state the fact.
[5] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Joseph Lebeur
1779

State of New York Cayuga County } ss Eleanor DeSeur of Sennett in said County being duly sworn says that she is aged seventy two years, that she is well acquainted with Joseph DeSeur mentioned in the accompany- ing declaration and has been acquainted with him ever since they were children that they were both brought up in the same town & neighborhood and continued to reside there until the time of the Revolutionary War and during said War that she has always understood, and it has always been believed that said Joseph was a soldier in the said war - that she has frequently seen his written discharge from said eight months service signed by Samuel Morton - that said discharge was left in Rhode Island as mentioned in said declaration - that said Joseph has always sus- tained a fair character as a moral man and a man of truth and veracity - that he is now old and subject to turns of insanity but is now as same as he ever has been for a number of years - that his memory is very much impaired - and that from her knowledge of the times and from her knowledge of his services she has no doubt that he did serve a term of ten months or more during said war
Sworn & subscribed the day 24 th day of year of November A.D. 1882 before me Daniel Sennett Judge of Cayuga County Courts
Eleanor DeSeur Mark
I certify my opinion that the said Eleanor DeSeur is a person of truth & veracity. Nov 24 th 1882
Daniel Sennett Judge of Cayuga County Courts

State of New York Cayuga County ss
On this 24 th day of November
AD 1832 personally appeared before me Judge of the Court of Common Pleas in and for the County of Cayuga & State of New York Joseph Deane of Sauquoit aged 80 & 1910 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 th 1832
That he entered the service under the fol- lowing named officers and served as herein stated. that he was born in the town of Gloucester in the County of Providence & State of Rhode Island AD 1752 as he believes but has no record of his age. that he continued to reside in said County of Providence until the commencement of the Revolutionary war that in the month of May 1775 as he believes AD 1775 at Gloucester aforesaid he enlisted into a company of Rhode Island State troops commanded by Captain Nathaniel Blackmer, & Lieutenant Samuel Thornton in the Regiment commanded by Col Daniel Hitchcock for a term of eight months. that he marched first to Providence where he joined said Regiment, from thence he marched to a place called Jamaica Plains, where he continued about one month from thence he marched to Prospect Hill about three miles from Boston where he remained in the Barracks until about the month of January following. when he was discharged. that he was confined part of the time sick in the said Barracks. that he continued in said service during the whole of said term of eight months. that the enemy at this time lay in Boston. He further says that in the month of July AD 1775 at the said town of Gloucester he again entered said service by enlistment as a private in the company of State troops as he believes commanded by Capt.

Joseph Cutler that he marched with said company to Providence where he was stationed at the time of Gen Sullivan's expedition against the enemy at New-Port in which expedition he was engaged that he marched to the Island of new New-Port and was in the battle of New-Port, that after the battle of New-Port he returned to Providence where he was discharged having served a term of two months as he believes. That whilst at Prospect Hill in the eight months service he was under the command of Gen Green - that he saw there also Gen Lee, Gen Putnam, Gen Washington and others - that he continued to reside in said town of Gloucester until about twelve years ago when he removed to Hones in the County of Cortland and State of New York where he resided until about four years ago when he removed to Venice in the County of Cayuga where he resided until about one year the month of May A D 1827 when he was removed to the County poor house of said County of Cayuga where he has resided ever since dependent wholly upon the charity of his fellow citizens for support - that he received a written discharge from said eight months service signed by Genl Samuel Huntington but left the same in Rhode Island when he removed from there which discharge is now lost as he verily believes - that he has no documentary proof of said service neither any proof of said service but the accompanying - that he is now very old and infirm, and his memory greatly impaired - that he has been subject to turns of insanity for a number of years past but is now in the possession of his reason and judgment that he performed other tours of duty than those above mentioned but cannot recollect when or where they were - or the names of his officers - that he served more than ten months but only claims a h. i. -

cannot recollect when or where they were - or the names of his officers - that he served more than ten months & that each claims a pension for that length of time - that he is not able to set forth the names of his Regiment or company officers any further than above - that he was in the eight months service at the time of the battle of Bunker Hill but was not engaged in said battle that in the expedition against Newport he was under the command of Gen Green - that he knows of no clergyman in his neighbourhood who can testify as to his character for truth & his belief of his said services because he has no acquaintance with any clergyman in said neighbourhood - but that Hollibut Miller & Sylvester Willard can give such testimony
He hereby relinquishes all claim to a pension except the present and declares that his name is not on the pension roll of any state or territory Sworn & subscribed the day and year aforesaid Daniel Sumner Judge of Cayuga County Courts
Joseph Leeson
We Hollibut Miller Ruler of the County poor house in & for the County of Cayuga resident in Bennett in said County and Sylvester Willard a physician to said poor house resident in the same town do certify that we are well acquainted with Joseph Leeson who has subscribed and sworn to the preceding declaration - that we believe him to be eighty years of age that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution & that we concur in that opinion
Sworn & subscribed the 24 th day of November A D 1832 before me Daniel Sumner Judge of Cayuga County Courts
Hollibut Miller Sylvester Willard

And I the said Judge do hereby declare my opinion after an investigation of the matter and after putting the interrogatories prescribed by the war department that the said applicant was a Revolutionary Soldier & served as he states I further certify that Hollebut Wilson who has subscribed and sworn to the preceding certificate is the keeper of the County poor house in & for said County of Cayuga and Sylvester Willard who has also signed the same is a physician to said poor house resident in said town of Sennett and is a person of truth and veracity and that their statement is entitled to full credit. I further certify that the said applicant cannot attend Court by reason of old age & bodily infirmity.
State of New York,
Cayuga County ss
I Michael S Myers Clerk of the Court of Common Pleas in & for said County do certify that the foregoing contains the original proceeding of the Hon Daniel Sennett in the matter of the application of Joseph L Scur for a pension. I further certify that the said Daniel Sennett before whom the foregoing declaration & certificate were made and by whom the foregoing certificate was made was on the day of the date thereof one of the judges of the said Court of Common Pleas in & for said County - that I am well acquainted with the handwriting of the said Judge and believe his signature to the said affidavit declaration & certificate to be genuine Witness my hand and seal of office the 24 th day of November AD 1832.
M. S. Myers

Perman
13720 INVALID.
File No. 13 720
Joseph Losen Briv Rev. War
Act: June 7 1832
Index:—Vol. 1 , Page 221
[Arrangement of 1870.]