PENSION: Capt. Leonard TenBroeck; Livingston, Columbia co., NY submitted by Donald E. Lampson (dlampson @ earthlink.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** Leonard Ten Broeck's July 23, 1832 Declaration: State of New York} }Ss. Columbia County } On this 23rd day of July 1832 before the Justice's Court of the City of Hudson, County aforesaid, in open court, personally appeared Leonard Ten Broeck, a resident of the Town of Livingston in said County ---seventy nine years, who duly sworn according to Law makes the following declaration in order to obtain the benefit of the Act of Congress as per June 7th 1832. That he was born in Claremont in said County in 1752. That in the year 1776 he received a commission of Captain in the Militia of New York under said Col. Peter R. Livingston & Major Samuel Ten Broeck, the Brother of this applicant. That in the same year he went under said Major with his Company to Schenectady & thence on to Saratoga, where he was discharged at the expiration of one month or more. In 1777 early in the spring he was again ordered out in the same Regiment to Fort Edward & shortly afterward was discharged, but was again ordered out on the approach of Burgoyne from the north, marched to Schaghicoke Landing. Marched then to Van Schaick's Island, thence marched to Bemis Heights & was there on the day of the Battle of Stillwater but the enemy had retreated before they came up, he then crossed the River on a floating Bridge with two pieces of Brass Artillery. Marched to Schuyler's Mills where he * * * till the surrender of Burgoyne & his Company was discharged. He believes he was in actual service, during the two years, ten full months. He was again ordered out in 1778 in the Regiment of Col. Hopkins to West Point where he was encamped three months. He held the Commission through the war. In 1778 or 79 he volunteered in the Regiment of Henry Livingston, afterwards a General, & served as Capt., in said Regiment nine months. This applicant further declares that he was frequently out on smaller tours after the Tories & robbers, & believed that he served as Capt. not less than two full years in the Militia of New York as aforesaid. And he further declares that he has no documentary evidence of his services, that he relinquishes all claim to any pension except the present, & that his name is not on the roll of any State agency. /s/ Leonard Ten Broeck Subscribed and sworn to The day and year aforesaid. /s/ Hiram Wilbur, Clerk Mr. Edwin Holmes a clergyman residing in the Town of Livingston in the County of Columbia and John W. Edwards of the City of Hudson of the same County hereby certify that we are well acquainted with Captain Leonard Ten Broeck who has subscribed and sworn to the above declaration, that we believe him to be Seventy nine years of age, that he is accepted & believed in the people born here where he resides to have been a soldier of the Revolution & that we concur in that opinion. /s/ Edwin Holmes /s/ J. W. Edwards Subscribed and sworn to this Day and year above written /s/ Hiram Wilbur, Clerk I certify that I am well acquainted with Leonard Ten Broeck the above named applicant & have known him for many years; and for then, that I have always supposed that he served as a Captain of a Militia Company in the whole war of the Revolution & have no doubt that he served as he states in the above declaration. /s/ G. Crawford Subscribed & sworn to the day & year aforesaid before me. /s/ J. W. Fairfield, Justice. (Note: The Col. Hopkins he refers to was the Colonel who commanded the 6th Dutchess Militia Regiment. The Col. Henry Livingston he refers to was Lt. Col. Henry Livingston who commanded the 10th Albany Militia Regiment in the field, and also served as Lt. Col. in Col. Morris Graham's Regiment of Levies.) _____________________________________________________________ Leonard Ten Broeck pension file. His Nov. 1832 sworn statement. State of New York} }Ss. Columbia County } On the 8th day of November 1832 personally appeared before me, one of the Justices of the Justices' Court of the City of Hudson, County aforesaid, Leonard Ten Broeck, who being duly sworn, deposes and saith he is same identical Leonard Ten Broeck who subscribed & swore to the above Declaration; that he makes the following statement in accordance with Interrogatories Nos. 5, 13, 16, & 17, noted in a Brief sent to him from the War Department, Viz. - That he held a Commission of Captain during the whole War of the revolution. That by reason of old age & consequent loss of memory he cannot swear positively as to the particular date of entering & leaving active service at each particular period, but according to his best recollection he served not less than the periods following. In the year 1776 - one month & a half. In the year 1777 - nine months. In the Year 1778 - three months under Col. Hopkins. & Three months in the night watch. In the year 1779 - nine months. In the year 1780 - on night watch, in my own County. In the year 1781 - " " " " In the Year 1782 - " " " " That the only record of his age is the family Bible. That when called into service he lived at said Livingston & since that time at said Livingston. That the names of officers under whom he served are General Schuyler, & General Clinton, Colonels Livingston & Hopkins, & Major Ten Broeck. That he held the Commission of Captain, signed by Governor Clinton, during the war. That his said Commission of Captain is lost - or mislaid & that he cannot find it. That he has found neither can find any living witnesses of his service, other than that of his brother Major Ten Broeck whose testimony --- ----- -----, & that of David Potts, since discovered. - That he never had any written discharges. And he further says that he was in actual service with most of his Company on night watch in the year 1778 in his own County as much as three months, mentioned above - That in the years 1780, 1781, 1782 he served as above stated almost continually. - That in all his said service in the Revolution, he was actually engaged as much as three years. /s/ Leonard Ten Broeck Subscribed & sworn to This day & year aforesaid before me, Justice as aforesaid. /s/ J. W. Fairfield [Certification of good character and veracity omitted.] ______________________________________________________ Leonard Ten Broeck. 1838 sworn statement of Major Samuel Ten Broeck in the application of the widow of Captain Leonard Ten Broeck. State of New York} }Ss. Columbia County } Samuel Ten Broeck being duly sworn says that he is ninety two years of age. That Leonard Ten Broeck deceased was a brother of this deponent & the husband of Gertrude Ten Broeck who has applied for a pension on account of the services of her said husband. That this deponent & said brother belonged to the Regiment of Militia commanded by Col. Peter R. Livingston. This deponent was a Major & said Leonard was a Captain in said Regiment That this deponent on account of his age & the failing of his memory can not be specific as to the exact period of the service performed by said Leonard during the Revolutionary War , but will state the same according to his best recollection. And this deponent says that he & the said Leonard served together in said Regiment at the north during the season of 1777. They were called out quite early in the season & marched first to Fort Edward & were encamped there for considerable time, & then were discharged & ------ at home but a very short time when they were called out again to stop the advance of Burgoyne who was coming from Canada. They went this time to ------- Landing & remained there a while & moved from there to Van Schaick's Island where they were encamped for some time where this deponent was taken sick & came home for a short time, but thinks that Leonard stayed with the Regiment, & on return of this deponent the troops moved to Bemis Heights & were in the Battle of Saratoga , & there remained till after the surrender of Burgoyne, & this deponent thinks & believes that said Leonard served during these two campaigns not less than six months. And this deponent further says that said Leonard performed twelve months service out of the above Regiment. The first time he thinks was for three months at West Point when he is confident Leonard served as Captain. This service he thinks was during the fall & winter of 1777 or 78, but under what officers this deponent cannot recollect. The second was a service of nine months performed somewhere at the south, but this deponent cannot say at what point this service was performed nor under what officers, but thinks it was Col. Livingston of the Regular Army. And he cannot say that he acted as Captain in the nine months service. All he can say is that he was a Captain in the 9 months service --- & this deponent further says that said Leonard performed much other service of which he supposes War Department have full records as this affidavit is made only in reference to the years 1777 & 78 as requested in the letter of the Hon. J. L. Edwards hereto annexed. And this deponent further says that said Leonard was almost continually in service in this County when not on service abroad as ------- Scouts & guards, - this deponent would refer the Department to the affidavit made by him on the first application of said Leonard for a pension, & further says not. /s/ Samuel Ten Broeck Sworn before me this 24th day of February 1838 /s/ ? W. Fairfield Commissioner of Deeds [Certification of good character and veracity omitted.] (Note: See also the pension file of Major Samuel Ten Broeck which contains a joint statement with Leonard Ten Broeck.) _____________________________________________________________ RETAINED COPY IN FILE OF LETTER BY PENSION COMMISSIONER WITH NOTE CRITICISING REJECTION OF WIDOW'S APPLICATION: Rev. War section June 1, 1917 Mrs. Fred A. King P. O. 112 Trumansburg, New York. Madam: In response to your letter dated the 23" ultimo, you are advised that from the papers in the Revolutionary War pension claim R. File No. ******* it appears that Leonard Ten Broeck was born in Clermont, Columbia County, New York, when on October 30, 1775, he was appointed First Lieutenant in Colonel Peter R. Livingston's Regiment of Albany County, New York Militia; on January 15, **** he was promoted to be Captain of the First Company of said Regiment, and he served at various times during the Revolution, about two years in all. He was allowed a pension on his application executed July 23, 1832, at which time he was a resident of Livingston, New York. He married August 18, 1776, Gertrude - - - and died November 11, 1836, aged 84 years and 1 day. She died September 8, 1838, aged 88 years, 10 months and 19 days. They were buried at Clermont, New York. In 1846 Catherine Pitcher aged 59 years and Leonard W. Ten Broeck were the only surviving children. No other ****** ** children are stated. Very Respectfully, ****************** Commissioner. Office Note. No mention made of rejection of widows claim, it being so obviously unjust and such a legal quibble. The soldier's Statement of his services is not only corroborated by the Comptroller of N. Y., see reports in the claim, but it is borne out by the printed archives Edited by Fernow in 1887, Vol. I, p. 269, and his brother's (the Major) testimony. The fact that she may not have been able to prove that he served six months was absurd in view of all the evidence and does not now cut any figure at all as he was appointed in 1775, reap. In 1777 & again in 1778. *** ***** June 1, 1917