Revolutionary War Pension and Bounty Land Warrant Application File S. 9156, Leroy Canaday, Va.

SERVICE
NUMBER
Va.
Canaday, Leroy or Canaday
S 9156
CONTENTS
Carded

Virginia 16. 196
Leroy Canaday
of Madison in the State of Virginia who was a pri in the company commanded by Captain Watts of the regt commanded by Col. Barbour in the Virginia line for 9 months
Leroy Canaday
Records corrected. Dec. 12/04.
Inscribed on the Roll of Virginia at the rate of 30 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of July '31 and sent B. Cooke Madison C. H. Va.
Arrears to the 4th of March '33 — 60 Sem-ant. allowance ending 4 Sept " — 15
$75
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book { Vol. 6. Page 5

Declaration
In order to obtain the benefit of the Act of Congress passed June the 7 th 1832
State of Virginia Madison County SS
On this 8 th day of March 1833 personally appeared before Charles R Gibbs a Magistrate in and for the County of Madison (Virginia) now sitting (to take down the declaration of Leroy Canady who is unable to appear in court by reason of bodily infirmity) Leroy Canady a resident of Madison County in the State of Virginia aged Twenty five years the 25 th of March 1833 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 the 7 th 1832
In the months of June or July 1778 I was drafted in the County of Essex in the Militia where I then resided to perform a tour, the length of which I am at some loss to say I marched under the command of Capt. John Hunshaw I marched to the village on the Rappahannock called Hobs-hole for the purpose of protecting the place against the depredations of a Piratical Vessel under the command of a Man by the name Goodridge who had been the means of depriving their owners of several hundred Negroes and had taken a vessel then lying at Hobs-hole loaded with wheat This vessel we succeeded in retaking with the

2 of only one man killed, The vessel we took to a place of greater security in the River near Hobshole and protected from the Pirate Goodraged, In the course of the next year I was again attacked in a regular way to perform a Tour The length of which I cant say will any thing like certainly nor can I remember the name of the Captain but this I can say with certainty that the object of the Tour was to defend the plantations on the Rappahannock against the Enemies marauding vessels - and though I speak of but two Tours in those years yet in fact I was held to march at a moments warning and often had to make short Tours of observation some times four or five days and at other times not more than one or two, I claim only three months for all the above believing it to be more than the double of it that I was actually from my home and business.
In the year 1781 I removed from the County of Essex (Va) to the County of Culpeper and in the months of April or May, I was drafted for a Tour of three months under Capt. Elijah Kirtley and march to the tide water country and joined that part of the American Army under the Command of Genl. Lafayette at that time near the Ground squirrel Bridge in the County of Hanover and after various marches

3 and counter marches The American Army Had to retreat to the direction of Raccoon Ford in the County of Culpeper where The Troops under Genl. Wayne formed a junction with the Army under Lafayette The Army Then marched in the same direction it had so lately retreated from by taking a new road observing the Movements of the Enemy and finally the British Army declined to give battle In the making The above Road my strength enabled me to fill the Forest trees with great success, I was finally discharged from this tour at a place called Malvern Hills something like thirty Miles below Richmond
In the months of July or August 1781 and in a short time after reaching home from the performance of the above Tour I was again drafted for a Tour of three months under the command of Capt. William Watts I marched to the Neighborhood of Williamsburg and attached to the Regiment under the command of Col. James Barbour from there to Yorktown and reached just in time to hear the firing from the first cannon, On the next day my business was in the trenches with Spade

- Shovel and Pick Axe, I have the consolation of believing that in the siege of York Town my bodily labour was as severe; and as cheerfully exerted in the cause of my country; as any soldier belonging to the Army, I claim a Soldiers compensation for services rendered hereby relinquishing my claim whatever to a Pension or annuity except the present and declaring that his name is not on the pension Roll of the Agency of any State
* I have no documentary evidence except Humphrey Major  that  certificates and Adam Rouse, who were both in service with me a part of the time the discharge from Young in the Metetel long since lost Leroy Canaday I would refer to the following gentlemen To wit my nearest Neighbour Capt. Churchill Gibbs, Capt. Angus Rucker Col. Linn Banks and Gen. William Madison, Given under my hand this 8 th day of March 1833
I wrote to and subscribed Leroy Canaday The day and year aforesaid
W. P. Gibbs #
# It is known at the War Department that same a Magistrate in and for the County of Madison

No 24 O 75
Deeroy Canady — Madison Co Virginia
Adams private 9 mo — $ 30.
C. H. Gibbs — Madison Co Virginia

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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Leroy Canaday Madison Co. Va.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     at the time of July 27 1798 3 Private Capt. Stanshaw 75 years living witnesses & traditional evidence   12th Nov 1781 3 Capt. Kirtley Essex Co Virginia   about July 1782 3 Genl. Lafayette   Genl. Wayne   Capt. Watts   Col. Barker  
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) _____, who has 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 days 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 _____; 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 , 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.
John N. Ashton

Rev War
9156
INVALID.
Am
File No. 9156
Leroy Canaday ★ Bi Rev War
Act: June 7 th 32
Index: Vol. 11, Page 59
[Arrangement of 1870.]
Leroy Canaday ★ Records corrected. Dec. 13/1844

Virginia. Madison County To Wit:
Personally appeared before me the undersigned a Justice of the peace in and for said County, + Leroy Canady who being duly sworn deposes 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 grade of Soldier - and under the offerings and at the periods stated in my declaration to which this is amending That is Nine months and for such service I claim a pension, Given under my hand Seal This 14 th day of June 1833 - + Interlined before signed
Leroy Canady
W. H. Gibbs
I hereby certify that Humphrey Major and Adam Rousd who have given certificates of Leroy Canady service, hereto annexed are well known to me - I knew them both to be men of veracity, Given under my hand This 14 th day of June 1833
W. H. Gibbs

State of Virginia, Madison county ss.
I Belfield Cave clerk of the county court of said county, do hereby certify that Charles R. Gibbs, before whom the foregoing Declaration of Leroy Canaday has been taken and sworn to, and also the foregoing before whom the foregoing affidavits, viz. of Archibald H. Lamon & Adam Rouse, Adam Rouse, Humphrey Major, have also been taken and sworn to; and the supplemental declaration of said Leroy Canaday, also taken and sworn to before said Charles R. Gibbs, is and was at the time of the acts aforesaid, an acting Justice of the peace in and for said county, and duly authorized to administer oaths. And that the foregoing signatures purporting to be his are genuine. In testimony whereof I have hereunto affixed the seal of my office and subscribed my name this 14th. day of June 1833.
Belfield Cave clerk

I Adam Rouse of the County of Madison in the State of Virginia; aged Twenty Years do hereby certify that I was drafted from the County of Culpeper in the year 1781 It was the only tour I performed, I will remember that Leroy Canaday was in the same mess with me at the Siege of Yorktown in Virginia I take pleasure in saying that I have been well acquainted with Leroy Canaday ever since the year 1781 and that he is a man of great respectability, Given under my hand this 7 th day of March 1833
Adam Rouse
Virginia Madison County To Wit
This day the above certificate was sworn to before me by Adam Rouse, Given under my hand this 7 th day of March 1833
K. H. P. Gibbs

24075 Leroy Canaday
Declaration

We Archibald H Lamon a clergyman residing in the county of Madison (Virginia) and Adam Rouse residing in the same, hereby certify that we are well acquainted with Leroy Canaday who has subscribed and sworn to the above declaration, that we believe him to be nearly seventy five 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, Given under our hands.
Archibald H Lamon
Sworn and subscribed the Adam Rouse day and year aforesaid
Chas R Gibbs
I the above named Charles R Gibbs do hereby certify that Leroy Canaday is unable to attend a court of Record by reason of bodily infirmity and hereby declare it to be my opinion, after the investigation of the matter and putting the interrogatories prescribed by the War department, that the above named applicant Leroy Canaday was a Revolutionary Soldier and swed as he states, I further certify that it appears to me that A H Lamon is a clergyman residing in this county and Adam Rouse who has also signed the same is a resident of this county, and is a credible person, and that their statement is entitled to credit, Given under my hand & seal March the 8 th 1833
Chas R Gibbs (Seal)

Humphrey Mays
Confucius
for
Guoy Canaday

I Humphrey Majors of the county of Madison in the State of Virginia aged Twenty Six years do hereby certify that I was drafted in the year 1781 from the county of Gulpeper Virginia for a tour of three months, and I will remember that Leroy Canady of this county county was in the same draft, from his tour we were discharged at the Malvern hills below Richmond, he was likewise drafted again the same year for the same length of time, and was at the siege of York town towards the end of the tour. At the same time I was detailed with others to drive cattle in various directions, for the purpose of keeping them out of the reach of the enemy, I take pleasure in saying that Leroy Canady is a man of highly respectable character in the estimation of all that know him, I have reason to believe he was in service before 1781 from the county of Essex when we were both raised, I was under my hand this 7 th day of March 1833
Humphrey Majors

Virginia Madison County To Wit This day Humphrey Mays personally appeared before me Charles R Gibbs a Magistrate in for the County aforesaid and made oath to the facts stated in the within certificate, Given under my Hand and Seal this 4 th day of March 1833. C. R. Gibbs (Seal)