Revolutionary War Pension and Bounty Land Warrant Application File R. 1458, John Burke, Va
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(3—1776)
SERVICE
Va.
Burke, John
NUMBER
R.1458
CONTENTS
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State of Indiana
Clark County
Circuit Court May Term 1834
On this twenty first day of May one thousand eight hundred and thirty four personally appeared in open court before the Judges of the Circuit Court within and for the County aforesaid now sitting John Burke a resident of Monroe Township in said County of Clark and State of Indiana aged seventy four years, who first being 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 7th 1832.
That he entered the service of the United States under the following named officers , and served as herein stated vig
His first service was under Capt. Frederic Edwards and Lieut. John T. Sawyer Col. Campbell commandant – that at the time he entered the service, he resided on New River a branch of the Kanawha, in the County of Montgomery in the State of Virginia; he was a volunteer; and as he believes commenced his service a little before harvest of the year of the battle of Guilford Court House. That he marched under the officers aforesaid up New River into North Carolina against the tories, that in the expedition he was in an engagement, and that after serving about three weeks he was discharged and
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suffered to return to his home. In the later part of the same summer he again volunteered in the same company under the same officers. Col. Preston commandant – and was marched in a detachment commanded by Lieut. Sawyer to guard some ammunition to near the head of Reed river in Montgomery County. vig; that on this tour he served about two weeks and was discharged.
About a week or ten days before Christmas of the same year he again volunteered in the service of the United States at his residence in Montgomery, Lieut. John T. Sawyer commandant Lt Col Walter Crocket, marched to the long islands of Holstien in Virginia as a place of rendezvous, preparation to suppressing the Cherokee Indians, was out in this trip about four weeks when he was suffered to return home. In about a week or ten days after his last named return to Montgomery County, he again entered the service of the United States as a volunteer under the command of Col. Preston Lt Col. Crocket Capt Edwards and Lieut Sawyer, marched to the neighborhood of Hillsborough in North Carolina; and in that section of country was marched and [illegible] marched sometime in pursuit of the enemy, and at [illegible], retreating from them, until the fifth of March 1781 when he was engaged in the skirmish with the British at the Rudy Fork of Haw River, near Witzell’s Mill. In this engagement he was in the company of Capt. Edwards and under the com-
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mand of Col Preston. He recollects that the latter, who was a very corpulent man, was thrown from his horse in the retreat of the Americans which succeeded the fight. While maneuvering in the neighborhood of Hillsborough he saw Col Lee and Col Washington, and well recollects the fine appearance of the horse of the latter officer
He thinks that Col Williams took an active part in the skirmish of Rudy Fork; and remembers having it said at the time, that he ordered the retreat, but has no recollection of ever having seen him, nor does he remember that he saw, during his services in the revolutionary war, any Continental officers than Cols Lee and Washington. After having served under his last named engagement about seven or eight weeks he was discharged and suffered to return home. That he never had any written discharge from the service, nor has he any documentary evidence nor does he know of any person, whose testimony he can procure, who can testify to his service. He has no record of his age.
That in whole he served in all at least sixteen weeks, that he never had any written discharge. That he is as he believes in his seventy fourth year of age. His birth day is 15th day of July. He continued to live in Montgomery County supposes for ten or twelve years after the war. From Montgomery County he removed into Tennessee; where he lived about fifteen years. Then he lived in Shelby County Kentucky about three years. He removed then into the state of Indiana where he has resided ever
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since. He hereby relinquishes every claim whatsoever 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 of the United States
Sworn to and subscribed in open court the day and year first above written.
John Burke
The undersigned citizens of the County of Clark aforesaid hereby certify that for the last fifteen years they have been acquainted with John Burke who has sworn to and subscribed the previous declaration, and that from their acquaintance with him they believe he is of the age he represents, that he is reputed & believed in his neighborhood to have been a revolutionary soldier, and that they concur in that opinion
John Caldwell
James Caldwell
And the said Circuit Court do hereby certify, after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant John Burke was a revolutionary soldier and served as he states; and the court further certifies that it appears to them that John Caldwell & James Caldwell who have signed and sworn to the preceding certificate are residents of the county and state aforesaid and are credible persons and that their said statement is entitled to credit
I Henry Harrod Clerk of the Circuit Court of the County and State aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Burke for a pension
In testimony whereof I have hereunto set my hand and affixed my seal of office this 21st day of May 1834
Test Henry Harrod Clk
30.804
John Burke
Indiana
In – Jon Crook
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[typed form, with handwritten responses]
1458
P. O. John Burke
Service:
Enlisted:____, 18
Discharged:____, 18
Application filed:_____, 18
1852 Printed Book directed and suspended claims gives reasons for rejection “He did not serve six months”
Attorney:
P. O.
Recognized. ____ Contract.
Cert. of Dis. Searched for _____, 18
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30.004
John Burke
Clarke County
Indiana
Act of June 1832
Susp
Cer sent to Clerk of Probate Court Charleston Indiana.
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30. 004
John Burke
Indiana
Rejected, did not serve six months see letter 30 mar ’34 to Hon John Carr.
See let: 29 Jan 1840
Hon. O. H. Smith
Copies of papers sent to Hon. J. A. Wright feb 3 1844
1458
Act 7 June1832
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Charleston In		Free
August 21
His Excellency the Secretary at War
War Department
U. S.
Pension Office
Washington City,
D. C.
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30.004
John Burke
Indiana
Copd
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State of Indiana
County of Clark
Before the Honl William W Goodwin (sole) Judge of the Probate Court of said County of Clark in open court on this eighth day of the month of February and in the first day of the February session of the Probate Court of the said State of Indiana within and for the County of Clark aforesaid in the year of our lord one thousand eight hundred and forty one personally appeared in open court, the court aforesaid (the same being a court of record), now sitting, John Burke a resident of Monroe township in the said county of Clark and State of Indiana aged seventy nine years on the fifteenth of the month of July in the year one thousand eight hundred and forty 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, 1832. That he entered the service of the United States under the following named officers and served as herein after stated. That the declarant in the month of June immediately before the month of July when he was twenty one years of age in the county of Mtgomery in the State of Virginia entered the service of the United States in the War of the Revolution in a company of volunteers of riflemen in the Militia of Virginia which company he declarant joined and continued to belong to as a private therein until the fifteenth day of the month of March following and the March next after that he was twenty one years of age that the company was first commanded by Captain John Draper and Lieutenant Andrew Crocket and Lieutenant John Thompson Sawyers that he declarant with a part of the company under the immediate command of Lieutenant [illegible] first pursued ag-
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ainst the enemy in the vicinity and region of New River in North Carolina (the enemy were said to be led or commanded by one Roberds or Roberts declarant does not now recollect precisely which) that after he declarant was gone several weeks in North Carolina (he cannot now recollect the precise length of time otherwise than that he was gone several weeks as above stated) in the detachment under Lieutenant Sawyers as above stated he declarant returned under Lieutenant Sawyers with that part of the company then under his command to Mtgomery County in the State of Virginia where they remained refreshing and recruiting themselves and their houses a few weeks until the company were ready late in the fall either in the Month of November or December following in the same year he declarant cannot now recollect precisely which of these months he declarant with the company again under the immediate command of Lieutenant Sawyers marched to the islands of Holston in the State of Virginia in pursuit of the enemy and continued marching and watching and protecting the inhabitants against the British until some time after the new years of the following year and then returned with the company under the command of Lieutenant Sawyers to the County of Mtgmery aforesaid where they remained about two weeks until the company their horses were again recruited and prepared for another campaign and then the declarant with the whole of the company under the command of Captain Edwards of the same company and Lieutenant Sawyers above named marched to North Carolina against the tories and the British there under Lord Cornwallis where he declarant with the company remained until the fifteenth day of
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the month of March above mentioned when he declarant was discharged that on the sixth day of this same month of March he declarant with the same Company under the Command of Captain Edwards and Lieutenant Sawyers above named being joined with the other American troops there had an engagement or skirmish with the British there or near by the Reedy Fork of Haw River in North Carolina in which the Americans lost six or seven killed and some wounded (declarant does not recollect that he ever knew entirely how many were wounded in that engagement) – he recollects that William Simpson of Capt. Edwards Company fired the first gun on that occasion and killed or shot one of the British so that he fell the Americans on that occasion fired several rounds and then retreated to prevent their being surrounded by the enemy after that they had fought a short time that Lieutenant Sawyers above named was wounded and taken prisoner on that occasion – he Lt Saiwers was wounded in his right side but recovered from the [illegible] got well escaped from the British and returned home afterwards – that declarant recollects that it was then stated generally understood and currently believed at that time that the enemy lost 70 or 80 killed and about 150 wounded but whether the British there lost so many declarant can not tell nor venture an opinion but certain he is that many of the enemy were lost as he declarant saw several of them fall he declarant not being more than about good rifle quartet from the enemy when the firing commenced that he declarant recollects that the Regiment to which his company was attached or belonged on that occasion
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and during that expedition was commanded by Major Joseph McClayd and he declarant believes by Col Walter Crocket and Colonel Preston of Mtgmery County that on one occasion during this expedition or campaign he declarant with his company under Capt Edwards with the other American troops there were in the pursuit of the British who he understood were under Tarleton and took three of them one Hessian and two British soldiers
that during the time of his service above mentioned many of the tories were shot and some were stages some time wounded and many made their escape pursuit of which he declarant saw but can not now recollect how many he saw killed of the tories they were always armed and with the enemy of that occasion that he declarant believes as well as he can now recollect that the full name of Capt. Edwards was Frederick Edwards that he declarant recollects Colonel Preston during his service thinks he had chief command at times over the regiment to which Capt Edwards Company was attached or belonged 
that he declarant recollects Colonel General Lee thinks that he was called colonel also colonel Washington
whom declarant understood to belong to the regular that he declarant was never particularly acquainted with any officers of the army or service beyond his own company except that he saw Major McClayd where he saw him on parade or commanding – well as Col Preston and Col Crocket above named
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(5)
that during his service he declarant was with a part of the same company (to which he belonged) under the command of Lieutenant Sawyers guarding a quantity of ammunition to protect the same from the tories while it was being carried from Chissel’s Mill on New River or New River hills to Holtson for the use of the American Army but before they arrived at the place to which it was being carried Lieutenant Sawyers detachment was relieved by another detachment of the American Troops who undertook to guard the ammunition to the point or place of destination and then Lieutenant Sawyers with his command turned in different direction in pursuit of some British parties the company returned to Mtgomery County aforesaid this was done during or about the months of September and October next after declarant volunteered joining the company and entering the service.
That he declarant entered the service in the month of June immediately next before the month of July of the same year in which he was twenty one years of age as above stated but entered served as a volunteer as a mounted riflement in the manner and during the time as aforesaid until the fifteenth day of the month of March following but owing to the lapse of time since, the troubles and misfortunes of life and old age and consequent loss of memory he declarant cannot swear positively as to the precise day of the month of June aforesaid when he entered the service or the precise length of his service but according to the
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best of his recollection he served not less than the period put below that is to say from some time near a little before or a few days only after the first day of the month of June until he was discharged, the fifteenth of the month of March following as above mentioned and for such service he declarant claims a pension – And that owing to the same course he cannot recollect the date or number of the year otherwise than as above stated that is that he was twenty one years of age on the fifteenth day of the month of July immediately next after the immediately next preceding month of June in which he entered the service as aforesaid. And that he will be eighty years of age according to the best of his recollection on the fifteenth day of the month of July next in the year one thousand eight hundred and forty one that when he entered the service he resided in the county of Mtgomery in the State of Virginia aforesaid and that he was a volunteer and served as such during the period as aforesaid – that he declarant has no documentary evidence – and that he knows of no person whose testimony he can provide who can testify to his service
He declarant adds that he has no record of his age and never had any that he found and provided himself with his own horse guns arms and accoutrements clothing and his own provisions and horse feed at his were found him a few weeks at the Long Islands on Holston in Virginia and that his powder and lead were all furn
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ished him by the Government and his horse once shod at the expense or charge of the United States and that he has never received any pay for his services that he depends on tradition and recollection alone of the facts and statements in his declaration having no record or documentary evidence and he has not nor ever had any written discharge that owing to the circumstances of old age lapse of time and bodily infirmity and consequent loss of memory as above stated he has forgotten much and many of the circumstances of his service especially of the precise dates and periods of times of any many circumstances of his service but that they are all true in substance and facts as above stated – that he as then poor never has been rich though he has hitherto until very recently obtained moderate competency by honest industry and hard labour which he is no longer able to perform and is now at the verge of want and is in fact to some extent dependent on charity for support of himself and wife who being now about seventy four years of age is feeble from old age and has been wholly helpless and unable to do anything eight years past
That declarant cannot state in what year he was born otherwise than as he has above stated that he was born (from the best information that he has and according to the best of his recollection of all the information that he has ever been able to obtain and as he in truth believes he was seventy nine years of age the least the fifteenth day of
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July last and will be eighty years of age the fifteenth day of July next that he has not and never has had any record of his age that he was born in Shenandoah County in Virginia that he was living in Mtgomery County in Virginia when he volunteered and entered in the service of the United States in the war of the Revolution aforesaid.
That after he served in the Revolutionary War as above stated he continued to live in Mtgomery County in Virginia until he was about 21 years of age when he removed to Big Pigeon River in the state of Tennessee where he lived until about 27 years of age when he removed to Shelby County in the State of Kentucky where he lived about three years and removed to Monroe [illegible] the County of Clark and State Indiana where he now lives as above stated
He was called into the service and served as a volunteer as above stated
He recollects Col or General Lee and Colonel Washington (above named)
who were of the regular officers and were with the troops in North Carolina where he served he does not recollect so as to distinguish the continental or militia regiments otherwise than as above stated and that he recollects Colonel Washington’s regiment or battalion of light horses or cavalry
Declarant recollects seeing General Pickens in the army but whether he was of the regular army or not declarant cannot recollect that he declarant received no written but he received a verbal discharge from Lieutenant Sawyer above named no written discharges were given as declarant saw or heard on that expedition
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Thence he removed to Franklin County in the State of Indiana where he lived two years thence he removed to Dearbourn County in the said State of Indiana where he lived fifteen or twenty years and thence he removed to –
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That he declarant is known to William Lockheart and John Caldwell in his neighborhood and many others who can testify as to his character for veracity and their belief of his service as a soldier of the Revolution. He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state
John Burke
Sworn to and subscribed in open court being the court aforesaid the 4th day of the month of February AD 1841
Attest 		Henry Harrod Clerk
We William Lockheart residing in the County of Clark and State of Indiana and John Caldwell residing in the same hereby certify that we are well acquainted with John Burke who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age and upwards 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.
John Caldwell
William Lockheart
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Sworn to and subscribed the day and year aforesaid in open court aforesaid
Attest
Henry Harrod Clk
The above named John Caldwell being solemnly sworn according to and in due form of law upon his said oath deposes & states that he has been acquainted with the above named John Burke who has subscribed & sworn to the foregoing declaration about fifty years and that during all that time the said John Burke has been reputed & believed to be a soldier of the Revolution and that deponent has been reputed to be strictly honest and honorable man and a soldier of the Revolutionary in the different neighborhood where he has lived and that deponent has never heard it doubted & believes it to be true as said declarant has stated in his foregoing declation that deponent [illegible] forty or fifty years ago had conversations at different
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times with Mr. John Hardin and his father and several other gentlemen of standing credit and veracity and who had been acquainted with Mr. John Burke the said declarant above named in Virginia in time of the Revolution and those gentlemen in all their conversations informed deponent and stated that they knew said John Burke to be a soldier in the Revolution and that he served as such to that effect-
The above information deponent derived from those gentlemen on French Broad River in East Tennessee
William Lockheart
Sworn to and subscribed in open court aforesaid the day and year aforesaid
Attest Henry Harrod Clk.
And the said court do hereby declare his 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 said Court that William Lockheart resident of the county of Clark and State of Indiana and John Caldwell resident in the same, and who have subscribed the preceding certificate and who have respectively subscribed and sworn to their respective affidavits as above as next preceding are credible persons and that their statements are entitled to credit (signed) by the court W. W. Goodwin
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I Isaac Shelby Clerk Pro Tem of the said Probate Court within and for the said County of Clark in the state of Indiana aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of the said John Burke therein named for a pension
In testimony whereof I have hereunto subscribed my name and seal of office this 24th day of the month of August AD 1841
Test
I. Shelby Clk Postem