Revolutionary War Pension and Bounty Land Warrant Application File W. 4644, Joseph Burnett, Va.
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(98-1776)
SERVICE  Va
Burnett, Joseph Mabel
Number W. 4644.
Contents
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5007 
Virginia Richmond 
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Mabel Burnett decd widow of Joseph Burnett who died on the --- of Bedford Co. in the State of Virginia who was a private in the Compy commanded by Captain Childs of the Regt commanded byCol -- in the Virginia line for 18 months 
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Inscribed on the Roll of Richmond at the rate of 60 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831. & End 18 Oct 18[illegible] when she died
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Certificate of Pension issued the 11th day of March 1837 and sent to P. Godwin
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Arrears to the 4th Present Semi-annual allowance ending 
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Revolutionary Claim, Act July 4, 1836, Section 3d
Recorded by  H.R. Weightman
Book 2, Vol 2, Page 377
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State of Virginia Franklin County, to wit 
On this 13th day of March 1850 before me Peter D. Holland a Justice of the peace in and for the County aforesaid personally appeared Anna Wilks of said County, and of sound mind- who being first duly sworn according to law doth on her oath say that Mabel Burnett whos Maiden name was Melton and was the widow of Joseph Burnett departed this life in the County of Grayson in said State on the 18th day of October 1845 
[signed] Anna Wilks X her Mark 
Sworn to and subscribed the day and year above Written Before me 
[signed] Peter D Holland JP
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Aff of of Anna Wilkes
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No 7.63.8 
Mabel Burnett decd.
wid of Joseph 
Act July 4, 1836.
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State of Virginia, Bedford County to wit
On  this 4th day of May 1850, before me J L Winfield a Justice of the peace in and for said County, personally appeared John P Nichols, a respectable resident of said County, a man of veracity, and of sound mind, who being first duly sworn according to law, doth on his oath say That he is 79 years old, and moved to the County of Bedford during the early part of the Revolutionary war and became acquainted with Joseph Burnett, who married Miss Mabel Milton the daughter of Abraham Melton of said County about the year 1779 at which time they had at least 3 children if not more-- and that he had frequent conversations with him, from time to time, on the subject of his services in the Revolutionary war and that he the deponent, understood from him the said Burnett that he served as a regular soldier in the Revolutionary war at the north, and he thinks it was in the early part of said war, but that he does not recollect the Battle he was in or how long he served, but deponant is satisfied he stated this truth and that he was a credible person, and had the reputation of having been in the regular Service. but that he deponent cannot at this time recollect the  name of the captain he enlisted under. Said Bennett died in said County about 55 or 60 years ago and his widow moved to Grayson Co. about 40 years ago where she died several years ago. Said Burnett, and his wife Mabel, had some children, Absalom, Anna, Lucy, now Lucy Wilkes - and who is about the 3d child. and must be about 70 years old - and from the ages of said Burnetts older children - he must have been married before the Revolutionary war and as early as 1774 - or about 76 years ago, and as such must have been in service after he was married. Said Burnett lived on deponants land, near Cal Caseys, where, there was a store.
[signed]  John Nichols 
Sworn to and subscribed the day and year above written 
Witness [signed] Rebecca Miller
[signed] R F Gray ⎬ 
Before me of [signed] Jas L Wingfield JP.
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State of Virginia
Bedford County
I John R. Steptoe Clerk of the County Court of said County, do hereby certify that James R Wingfield is and was of the time of signing the preceding certified an acting Justice of the peace in and for the said County of Bedford, duly commissioned and qualified, and that full faith and credit are due to all of his official acts.
Given under my hand and the seal of said Court this 13th day of May 1850.
[signed] Jno. R. Steptoe clk.
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State of Virginia Franklin County to witt 
On this 26 day of February 1850 before me Petered Holland a Justice of the peace in and for said County, personally appeared Mrs Lucy Wilkes maiden name Burnett a resident of said County Aged 70 years the 24th of August next - who first being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 4th day of July 1836 - allowing pensions the to widows of Revolutionary soldiers, who were married previous to the expiration of their last term of service.
That she is the wife of Archibald Wilkes and the only surviving child of Joseph Burnett decd of the County of Bedford who was an enlisted soldier in the Revolutionary war for the term of 18 months, at one time, which was in the first of the war - being at the time a married man with one child, if not more and that he the said Joseph Bennett, served out said term of enlistment for 18 months at the North under cap. [illegible] in Genl. Washingtons Army - and that he was at the Battle of Brandy Wine, for one place that she can recollect of his saying he was in. He may have been in other Battles and at other places-- and served more than the 18 months in all, but this is all her memory serves her about.
That her father the aforesaid Joseph Burnett was married at New London on the then County of Bedford now Campbell by the Revd [illegible] a minister of the church of England to Wife Mabel Melton- to whom they went to be married, as was the custom there about the year 1774, or 1775 or about 74 or 75 years ago, it must been, at least as declarant had one brother, and one sister --- older than herself, named Absolam and Anna
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Burnett about 2 years between each. And that her declarants mothers maiden name was Mabel Melton that her father the said Joseph Burnett decd died in the County of Bedford as aforesaid over 60 years ago, it being when declarant was about 7 years old - and that her mother the said Mabel Burnett, the legitimate widow of said Joseph Burnett decd died in the County of Grayson in said State - to where she moved in or about the year 1810 about 4 years ago-- the exact date she cannot state at this time - leaving declarant her only child alive. That her Father, Joseph and Mabel, as above had 4 children in all 3 of whom are dead leaving declarant as aforesaid the only surviver. And that her decd father Joseph Burnett aforesaid, was married previous to the expiration of his last term of service as aforesaid - having at least one child at the time- to witt, Anna Burnett All of which will fully appear by reference to the  proof annexed. 
[signed] Lucy Wilkes X her mark 
To wife Mable Melton underlined before signed Peter D Hollolland JP Sworn to and subscribed the day day and year above mentioned- Before me [signed] Peter O Holland JP. in presence of [signed] R H Gray 
[signed] Doshia Holland 
Declarant says that her mother Mabel Burnett died in Oct 4 years ago last October as well as she can now recollect. 
[signed] Peter Holland JP
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State of Virginia 
Franklin County to wit: 
At a Court holden in and for said County on the 6th day of May 1850 - The declaration of Mrs. Lucy Wilkes of said County was presented in Court, setting forth that she is the daughter and only legal living child of Mrs. Mabel Burnett decd of the County of Grayson, who was the widow of Joseph Burnett decd, a regular soldier by reputation in the Revolutionary war, from the County of Bedford together with the affidavits of William Arthur and Archibald Nichols and Anna Wilks respectable residents of said County and persons of veracity, and the affidavit of Jno. Nichols of the County of Bedford, and the certificates of Patrick A. Bassett and Peter D. Holland Esqr. of said County and Jas. E. Wingfield of the County of Bedford, and Jas. E. Heath Auditor of Virginia - And the Court having examined said papers, do certify to the Department of the Interior, that they are satisfied that the said Lucy Wilkes is the daughter and only surviving legal child of said Joseph Burnett and said Mabel his wife, whose maiden name was Millon. the daughter of Absalom Milton, all of the County of Bedford - That the said Joseph Burnett from the evidence, was in service at least 18 months as a regular soldier in the Revolutionary War, besides his militia service, and that he died about 60 years ago in the County of [struck out Grayson] Bedford and that his widow Mabel Bennett moved to the County of Grayson, where she died about the 18 day of October 1845, leaving the one only child, the aforesaid Lucy Wilkes who is now a resident of the said County of Franklin, and that from the evidence in the case, the Court is satisfied that said Joseph Burnett and Mabel his wife, were married prior to the Revolutionary war, or about the year 1774 or 75 - and that said Burnett was in service during
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the Revolutionary war - after he was married as aforesaid, and that Peter D. Holland and Patrick A. Bassett are acting Justices of the peace in and for said County, duly commissioned and qualified as such, and that the several signatures purporting to be theirs, affixed to the papers in this case are genuine. 
In testimony whereof, I Moses G. Casper Clerk of the said County Court of Franklin, have hereunto subscribed my name and affixed my seal of office this 7th day of May in the 1850. M. G. Casper, Clk
[seal affixed]
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Revy WIDOW, &c. 
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File No. 4644 
Mabel Burnett Wid Joseph Burnett
Pvt Va. line
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Act: July 4th 17/36, Sec 3d 
Index: -- Vol. A, Page 101
[Arrangement of 1870.]
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This is to certify, That it appears from a List in this office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 28th day of November 1783, in the name of Joseph Burnett as a soldier of Infantry for £36.0.0, which Certificate appears to have been delivered to Thos Lumpkin and was given for services prior to the 1st January 1782. 
Given under my hand at the Auditor's Offce, Richmond, this of the 8th day of January 1847 Jas E Heath AUDITOR.
P 105 
No Seal of Office.
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Jos. Burnett 
£36-- 
Enlisted by [illegible]
Cap Grass [Grass] Scuggs 
Geo Lambeth 
or Alex Cummins
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State of Virginia Bedford County ⎬ Set
I John R. Steptoe Clerk of the County Court of said County, in the State aforesaid, do hereby certify that I have diligently examined the records of said Court, from the year 1754 to the year 1820 and have not been able to find any record evidence of the marriage of Joseph Burnett and Mabel Melton. Given under my hand this 2nd day of April 1850. 
Jno R. Steptoe Co
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No 7638. 
Mabel Burnett Widow of Joseph 
Act 4 July 1836 - - 
[crossed out Ohio]
Virginia
Let Hone J L Taylor 
Nov 12 /50
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Department of the Interior,
WASHINGTON, September 5, 1849
Sir: In view of the many frauds attempted to be practised upon the Pension Office, by persons claiming benefit of the act of 11th February, 1847, I have to recommend the adoption, by you, of a rule, in addition to those already adopted, requiring that the witness should answer the following questions.
Were you acquainted with A B?
Where, when , and how long did you know him?
In what town, county. State, or country?
What was his age, his complexion, and the color of his hair and eyes?
What was his trade or occupation?
With whom was he living?
Did you know his parents, or either of them?
Where did they reside? In whose house? And in what town, county, and State, or country?
Are his parents living or dead? And if dead, when and where did they die?
How do you know of their death?
Had he brothers or sisters?
How many, and what were their names?
Are they living or dead? And if dead, when and where did they die, and how to you know of their death?
Was he ever married or was he single?
If married, when, where, and by whom?
What was the name of his wife before marriage?
Is she living or dead?
Where did he live when he enlisted or volunteered?
Where has she been living since?
Was he of foreign or native birth?
If a foreigner, when, and form what place, did he emigrate? Who came with him? At what port did he land?

It is not expected that any one witness should be able to answer all these questions; but enough should appear upon the face of the affidavits to show that the witness is really acquainted with the circumstances and family of the deceased, and to render it improbable that the witness is prevaricating.
Answers to these or similar questions should be required in all cases where the identity of the claimant is to be established.
Very respectfully, your obedient servant, 9signed) T. Ewing, Secretary
Commissioner of Pensions
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Pension Office 
November 12 /50 
Sir,
The declaration and accompanying papers papers in the case of Mabel Burnett, deceased, have been received.
It is stated that her husband was in the regular service, but neither the name of his Captain nor of his Colonel is given. The truth of his allegation cannot be tested without such a description as will enable us to appeal to the Records in the Office. The final testimony adduced in the case cannot be assessed
 as satisfactory evidence. The witnesses of the opening of the Revolution were from 7 to 4 years of age and of course can remember nothing that was not more personally interesting to them than the service of a stranger. But even they do not pretend to fix any period to his service. The reason which have so long prevented the claimant, and which also prevented her mother
[end of page]
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from making application must be satisfactorily explained.
 I am respectfully Your obt. Serve.
J.L. Edwards
Commissioner of Pensions
R. H. Gray Esq Lynchburg Virginia 
Nov 12/50 
From -- J L Edwards Lucy Miller case Mrs Mabel Burnett 
Examine the rolls of Cap [illegible] Rifle area capts [illegible] Cummings and Geo. Lambeth.

Mr. Godwin is authorized to present[?] this claim in my behalf
Robt.H Gray Agent
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from making application must be satisfactorily explained. I am respectfully Your obt. Serve. J.L. Edwards Commissioner of Pensions R. H. Gray Esq Lynchburg Virginia  Nov 12/50  From -- J L Edwards Lucy Miller case Mrs Mabel Burnett  Examine the rolls of Cap [illegible] Rifle area capts [illegible] Cummings and Geo. Lambeth.  Mr. Godwin is authorized to present[?] this claim in my behalf Robt.H Gray Agent
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Mabel Burnett dec widow of Joseph Va Act 4 July 1836 Adm 18 mo. Private $60. pr Annum Comm. 4 March '31 to 18 Oct '45. when she died. Payable to Lucy Wilkes only child Cert to S. Godwin Present
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No 7.638 
June 14/50. 
Decd. Mabel Burnett dec. 
wid: of Joseph 
July 4, 1836. 
Jas. L Edwards Esq 
Comm of Pensions 
Washn. City D.C.
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Washn. City June 13th 1850 
Sir
Enclosed is the declaration of Mrs Lucy Wilkes only child of Mrs Mabel Burnett dec., the widow of Joseph Burnett dec a soldier in the Contl. line of service for 18 mo. at one time - as per evidence filed. which is positive, and his Identity made satisfactory by the fact, that Thos Lumpkin who recd. his certificate of Bal of pay due was resident in Bedford - close by  whose store said Joseph Bennett lived, and no doubt dealt with - and that this same Thos Lumpkin was delegate from the County of Bedford in 1783, as will appear by reference to the Journals of the Va. Leg. of that ye[ar as]was their custom, settled the pay of soldiers in the in [illegible]. Recd their certificates - The app of W. Arthur Jno. Nichols, and Archd. Nichols go to prove that said Joseph Burnett enlisted in the regular service after he was married and was no doubt in the service as a Malitia Man or otherwise after he returned from the 18 Mo. tour of enlistment. Cap Jno Chiles , alluded to in the appl of Archd Nichols was at one period of the Revo. War a [crossed out "conductor of Mil Stores'"] Commissary, or Q. Mastr [illegible] Bedford County in 1781 - as will appear by Journal Va Leg. of Novr 25, 1784 - and it was no doubt adl. service rend by Burnett the 18 Mo. referd to Arch Nichols, in his  aft.  It is also clearly shewn that Joseph Burnett, and Mabel Melton, the mother of declarant was married as early as 1775 and that he was in service as a regular for 18 mo. if not more after that time, and the fact that Mrs Wilkes had no person earthly, to school her as to her fathers service and would make no other statement, but that her father told her mother, and the family that he served 18 mo. at the North and was at the Battle of B. Wine is strong proof of said service and the Service as stated are fully confirmed by the certificate of $36 due him for his services. There is neither Family Register nor return of Marriage as appears by clerks certificate. This case is analagous to that of Mrs Mary Lafoy allowed on appeal to McEwuing yours R H Gray
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Respt on Mabel Burnett decd and wife Josh 
See the Register 
Free
Jas. L. Edwards Esq.
Com. of Pensions
Washn City
D.C.
P.S. In the case of Lucy Wright Act July 36 instead of 8 mo under this act which claim you offered to offer a certificate for 6 cosunder the Act of July 7, 1838.  The parties being needy are compelled to accede to your offer - reserving to our selves the right to increase hereafter.  Please forward the certificate as soon as possible.
Tho F. G esq.
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Lynchburg Nov 18th 1850 
Sir.
Yours of the 12th is before me rejecting the claim of Mrs Lucy Wilkes of Franklin Co Va. daughter of Mrs Mabel Burnett decd of Grayson Co. Va - widow of Jos. Burnett decd who was a regular private soldier for 18 months at one time, besides - a tour in the malitia afterwards.
You object to the evidence first on account of the age of witnesses at the time of service rendered and required reasons to show why this claim was not prosecuted sooner.  To the 1st objection, we would observe, that you are entirely mistaken as to 2 of the ages of the witnesses- that of Wm Arthur, and the older W. Nichols- Arther was a man grown, and in service himself, and was a neighbour, and not a strange to Burnett, as you seem to suppose, the elder of the Nichols was a waggon boy at the beginning of the Revolution & we did not introduce them as witnesses to prove the exact services of Burnett, but to prove the fact, that he was in service to the North as a Regular soldier from Bedford County Virginia - and to identify him as the same person, named in the Certificate of the Auditor of Va. showing by the settlement of his a/c in 1783 - that there was $36 due him for services in the Regular line -equal to 18 months - by proving by the two  Mr Nichols that the name Joseph Burnett who had the reputation of having been in the Regular service as above did live about the time of the war did live only one or two miles from where Thos Lumpkin kept a store - and consequently was well acquainted with each other - and Burnett being a poor man was no doubt in debt to Lumpkin for goods and he Lumpkin being elected to the Va. Legislature, no doubt took the discharge of Burnett along with him, and obtained the certificate of pay due him of $36, as was a common practice in such cases and that
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the Thos. Lumpkin name in the certificate of pay filed with the papers is no other person than the Merchant in Bedford to whom Burnett lives so near and the delegate from Bedford and who settled Burnetts account of Services for him. This evidence and coincidents of facts in the case is sufficient to satisfy any impartial mind that this Jos. Burnett who went into service from Bedford, is the Identical person named in the certificate of pay delivered to Thos Lumpkin in 1783 or 84, as the deligate from Bedford. Again When I went to Franklin to take the declaration of Mrs Lucy Wilkes- I supposed that Burnett had served at least 2, if not 3 years (from the Neighbourhood talk;) but Mrs. Wilkes, had recd it from her father, and so handed it down by tradition as it were, that she always heard him say that he served 18 months at the north as a regular - being a married man at the time. This adherence of hers to the - 18 mo. service, is entirely corroborated by the certificate of pay delivered to Mr Lumpkin, the delegate from Bedford, with whom her Father dealt no doubt in his life time, being so near a neighbor.  This statement of Mrs. Wilkes is no copying of the statement of others, but is a distinct recollection of her own, and indeed differs with the neighbors as to their recollections in regard to her husbands services - they supposing that he had served longer than 18 months. The certificate of pay for 18 mo services identified as Burnett is as strong, if not stronger evidence that if the name of Jos Burnett was found on the Roll of any particular captain, which we might name - and not fully identified - for in the latter case it may have been another person, but in this case it is impossible. 
If you were a pension agent in this part of Virginia and having the knowledge that I have of the face of the Country, and
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the want of education of this class of people you would not have found it necessary to ask the questions you have why this claim has not been put in a state of prosecution.
Mrs. Burnett belonged to the most illiterate, and uninformed class of society and living as she did for many years in Grayson Co as you will see by the papers - she had no access even up to her death to any person, who knew any thing of her right on this subject and Mrs Wilkes is equally ignorant and obscure as her mother was in her life time - nor is this a solitary case of neglect to prosecute what was at one time good claims for pension, for I know of many cases, which if they had informed me of from some 5 to 10 years ago could easily have been established. Then answer to your last interogatory - we have merely to say, that both Mrs. Burnett and daughter the declarant were entirely ignorant of their rights on the subject until investigated by myself. 
Joseph Burnett having died about 40 years ago and the widow being many years apart, and dying apart from her daughter Mrs Wilkes, the latter has lost sight of the Captains name that her husband was under. It may have been under Capt. G[illegible] Scruggs[?] Rifle Co., Alex Cummings, Geo. Lambert , [illegible] Paulding [illegible] all of whom recruited in that part of the State. It is more likely however that he was under one of the 3 first named captains, all of whom was in service at the North in 1776 and 77.
I think upon a reconsideration of the case you will be satisfied, that it is clearly shown, that the services of Joseph Burnett decd the Father of declarant is clearly made out, and Identified - and that his daughter Mrs Wilkes is entitled to the pension under the act of July 36 to the time of her mothers death in Octr. 1845 at the rate of $60 per An.
yours respectfully Robt. H Gray
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P.S. In the case of Lucy Wright Act July 36 instead of 8 mo under this act which claim you offered to offer a certificate for 6 cosunder the Act of July 7, 1838.  The parties being needy are compelled to accede to your offer - reserving to our selves the right to increase hereafter.  Please forward the certificate as soon as possible.
Tho F. G esq.
Respt on Mabel Burnett decd and wife Josh 
See the Register 
Free
Jas. L. Edwards Esq.
Com. of Pensions
Washn City
D.C.
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Wm. Arthers Afft, as to the Revo Services of Jos. Burnett - North Cont Line
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State of Virginia, [crossed out] Bedford] [inserted] Franklin County to witt
On this 9th day of April 1845, before me Patrick A Bassett a Justice of the peace in and for said County, personally appeared William Arthur a respectable resident of the County of Henry, who being first duly sworn according to law, doth on his oath say - that he is 83 years old - and became acquainted in the Joseph Burnett dec of Bedford County during the Revolutionary war - the same person who married Miss Mabel Melton in said [crossed out] Bedford [inserted] County in the early part of the Revo. War.  He def. recollects distinctly serving and being in company with said Burnett just after he had return home in Bedford from a regular tour of service, he understood he was at the Battle of B. Wine, and other places at the north before he returned, and that he understood also, that he served several malitia tours but that he has no knowledge of them himself. Said Burnett died at least 45 years ago and his widow Mable, moved to Grayson where she died, as he is informed some 5 or 6 years ago.
[signed] William Arther 
"Franklin", Bedford" interlined before signed 
[signed Patrick A Bassett J.P.
Sworn to and subscribed the day and year above written Before me 
[signed] Patrick A Bossell J.P. 
In presence of -
[signed] Ro. H Gray 
deponent Wm Arther says further, that he understood from others, that said Joseph Burnett was an enlisted soldier in the Revo. War for 3 years service, and that he enlisted in the early part of the war 
[signed] Patrick A. Bassett J.P.
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Aff of Arch Nichols
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State of Virginia, Franklin County to wit 
On this 4th day of May 1850, before me Solomon Pasley a Justice of the peace in and for said County, personally appeared Archibald Wilkes [crossed out] Nichols [inserted], a respectable resident of the County of Franklin, and a man of veracity, and of sound mind; who being first duly sworn according to law doth on his oath say - that he is 82 years old - and came to Bedford County Va. - from Maryland in the early part of the Revolutionary war, and settled in the same neighborhood where Joseph Burnett lived a Revolutionary soldier- and became acquainted with him and that he knows the fact that said Burnett, enlisted as a regular soldier and was marched to the north, and was at the Battle of Brandy Wine before he returned, and was under the command of Capt Jno. Childs, from the County of Bedford who was captain of the Company or quarter Master, or held some other office in the Army, in the Revolutionary war, at the time they marched and it appeared to deponent, that said Burnett was gone at least two years before he returned home to his family - he the said Burnett being a married man at the time, having married a Miss Mabel Melton (the daughter of Absalom Melton of Bedford County) by whom he had several children - 2 of whom at least was older than Mrs Lucy Wilkes who was the 3rd child - and who is about 70 years old at this time. He thinks one of the other children was named Absalom. Deponant is satisfied, that said Burnett, and his wife Mabel, was married as early as 1774 or 75 or 75 or 76 years ago, and that he had one or two children when he went into said service.  Said Burnett, died about 60 years ago, in Bedford Co. and his widow Mabel, moved to the County of Grayson, 40 years ago, where she died about 4 years ago leaving Mrs. Lucy Wilkes her only child now alive.
[signed] Archibald Nichols X his mark
Sworn to and subscribed the day and year above written
 Before me 
[signed] Solomon Pasley 
In presence of 
[signed] Ro H Gray 
[signed] Martha Barnett
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Deponant further states that said Burnett lived  first after his marriage, near "Lumpkins Store" in Bedford Now called "Caseys" - before he moved over Goose Creek as he understood.
[signed] Solomon Pasley JP. 
The name of Nichols interlined, in the place of Wilkes written through mistake and erased -
[signed] Solomon Pasley JP