Revolutionary War Pension and Bounty Land Warrant Application File S. 5488, Leonard Hale, Va.

SERVICE
NUMBER
Wa
Heale, Leonard
S 5488
CONTENTS
Carded

12.121 Virginia
Leonard Hale of Nelson in the State of Va - who was a Pri - in the - commanded by Captain - - - of the Regt commanded by Potfield in the Va line for 2 years.
Inscribed on the Roll of Virginia at the rate of 80-Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 th day of March 1833 and Smith Charles Percy. Livingston. Nelson Co. Va.
Arrears to the 4th of March 1833 160 Semi-ant. allowance ending 4 Sep - - 40 $ 200
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Book E Vol. 6 Page 11
Head Paid at the Treasury under the Act of the 6. April 1838 from 4 March to 4 Sept 1837 Agent Notified 28 July 1838

Leonard Hale's Declaration for a Pension
10,323
See V o Roll — on the rolls State Troops

Virginia,
At a Court held for Nelson County, on the 29th day of August 1852.
State of Virginia, County of Nelson ss.
On this 29th day of August 1852, personally appeared before the Court of Nelson County, Leonard Hale a resident of said County of Nelson and State of Virginia, aged seventy six years, who, being first duly sworn, 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 1778, in a Company commanded by Captain David Hawn of the Virginia line, and served in the Fourth Regiment of the Virginia line, under the following named Officers, Captain Hawn, Major McGill, and Col. Charles Porterfield, that he was discharged from the service at Richmond after the capture of Cornwallis at York, that he was constantly in the service under various Officers from the time of his enlistment till he was discharged at Richmond as aforesaid, that he resided in the town of Williamsburg in the state of Virginia when he enlisted, that he was at the battle of Camden in North Carolina, where Col. Porterfield was wounded, of which he died, that the soldiers under him were then passed to other Regiments or under other Officers, that he continued to remain in the service under other officers, all of whom he does not recollect, part of the time he was under Genl. Davis of North Carolina, and under Genl. Green. He was also at the battles of Ninety Six and at the Eutaw Springs. He thinks he was discharged from a Company commanded probably by Capt. Walloway, but of this he is not certain, and from the 1st. Regiment of the United States' army. He also states that his name will be found, as he is informed by a Gentleman who has seen it, on the Virginia Roll, and that he is the same Leonard Hale.
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 Agency of any State.
Sworn to and subscribed the day and year aforesaid.
Leonard his Hale
And the Court do hereby declare their opinion that the above named applicant was a Revolutionary Soldier, and served as he states.
Copy. In testimony whereof, J. Spotswood Garland, do hereunto set my name as Clerk of

the Court of Nelson County, in the State of Virginia, and do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Leonard Neale for a pension
In testimony whereof, I have hereunto set my hand and seal of office, this 11th day of September, 1852, and in the 57th year of the Commonwealth.
Sp. Garland

Howard Hale
Yrs
Admit as private Def n on the V th State line Col o Palisade p 80 per acre from 1778
Charles Perrow Esq
Sunnyside Nelsa Co Yrs

BRIEF in the case of  Levin Hale  County of Wilson  in the State of  Pa  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76 years  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.     In 1778 As a Gen. Capt Mann Col d Porterfield Other officers    He states that he was in service from the time of his enlistment until he was discharged at Richmond after the capture of Gen l Cornwallis
 5. In what battles was he engaged? Brandywine, Red Bank, Red Bank, Red Bank  6. Where did he reside when he entered the service? Williamsburg Va a  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Documentary  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Clough Examining Clerk.

Leonard Heale
See p. 100

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Leonard Hale Wilson  6-10 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? no 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? no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? no 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? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 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 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 shewn 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.
†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 authenticates 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 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.
In every case where the clerk of the court, or other certifying officer, 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.

SEP
FREE
Wm C Roberts Post Master Mount Vernon Nelson county Va
James E. Heath Circles

I do hereby certify that it appears by the army Register in this office, that a certificate issued on the 9 th of May 1783 for £45. 14. 8 being the balance of his full pay  depreciation to Leonard Hale a soldier of infantry in the State line, being for the balance of his full pay or depreciation, and that the said Certificate appears to have been delivered to Martin Hawkins. Given under my hand this 3. September 1832 at the auditors office of Virginia. J. E. Heath and
And Off. Sept 3. 1832
Dear Sir
I send you a certificate for Mr. Hale which contains all the official information which this office will afford. There is no evidence here of the period of his service or the time of his discharge.
I am very respectfully
Yours
J. E. Heath
[Handwritten flourish]

Treasury Department,
Second Comptroller's Office,
July 26. 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The widow of Leonard Hale deceased, a Pensioner on the Roll of the Richmond, Va Agency, at the rate of eighty " Dollars and " — " — Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 4 th of September 1837
Respectfully yours,
Abner E. Parris Comptroller
To the Commissioner of Pensions, Present.

Rev May
5488
INVALID.
File No. 5488
Leonard John
Dis Rev War
Act: June 1 th 32
Index:—Vol. M , Page 159
[Arrangement of 1870.]