Revolutionary War Pension and Bounty Land Warrant Application File S. 1944, John Burns, N.C.
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(3-1776)
SERVICE
N.C.
Burns, John
NUMBER S.1944
carded
CONTENTS
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7295
West Tennesse            
John Burns

of Bedford in the State of W. Tenn 
who was a private in the company command by Captain Nelson of the Regt commanded
by Col. Martin in the N. Carolina 
line for 7 months 21 days 

Inscribed on the Roll of West Tennessee
at the rate of 25 Dollars 66 cents per annum 
to commence on the 4th of March, 1831.

Certificate of Pension issued the 27 day of March 
1833 and sent to J McKisick Shelbyville Tenn
Arrears to the 4th of March $51.32
Semi-anl allowance ending 4 Sept 12.83
$64.15 
Revolutionary Claim,
Act June 7, 1832
Recorded by Daniel Boyd 
Book E   Vol. 7   Page 2.
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Declaration in order to obtain the benefit of the
act of Congress passed 7th June 1832.
On this 10th day of August in the year of our Lord
one thousand eight hundred and thirty two personally
appeared in open Court before Samuel Phillips, John
P Neill and John B. Armstrong Esquires gentlemen
Justices of the peace appointed to hold the Court of pleas 
and quarter Sessions for Bedford County in the State of
Tennessee, now sitting, John Burns Senr. a resident
of the County and State aforesaid aged Seventy nine
years and six months, who first being duly sworn according to law doth on his oath, make the following
declaration, in order to obtain the bennefit 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. That he entered the service
of the United States as a volunteer in the County of Guilford
and State of North Carolina, in Captain John Nelsons
company attached to a Regiment commanded by Col
James Martin, he states his Lieut. was by the name of
Josiah Gates. and that he volunteered and was mustered
into service in the Spring or Summer of 1776.
he thinks about the 1st of June; He states he was marched
from Guilford Court house in North Carolina to Salsberry from that to [illegible] an Cataba river
from thence into the Cherokee nation to Cataba Town
At which place, one of our men killed an Indian; our 
troops distroyed [sic] Cataba Town and a great many other
Towns that he cannot recollect the names of; he recollects 
Turkey Town, the Americans distroyed [sic] the corn that
was growing by cutting it down &c. [...]
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[...] deponent further states that he remained in the nation for some time
and was then, marched back home and discharged
or dismissed at Robert Nelsons in Guilford County North Carolina
he thinks, and does believe about the first of
November in the same year - He also states that afterwards he was Numbered when every ten men had to
furnish one man for the Continental Service and in this
way my class furnished three men at different times
He does not recollect the year. He further states that the
governor of North Carolina called for troops to
guard the legislature of the State Conveaned [sic] at
Salem he does not recollect the year but he thinks he
served about one month as a volunteer on this
occation [sic] under John Nelson as Capt. He afterward
Volunteered under Captain John Nelson in Guilford
County aforesaid, to go against the Tories who were
imbodied [sic] on the Yadkin river about a mile
from the shallow ford on said river, but they were
driven from that place as he was informed by Col
Campbell from Halston before Capt Nelson and
his men reached that place; he states that Capt
Nelson returned home with his men in about six
or seven days after when they were dismissed, he states
that afterwards he volunteered with the same Capt
John Nelson, his Lieut. was Josiah Gates, his Col.
was James Martin, he thinks he volunteered about the
first of February in the year 1781. He states he
was mustered into service at a Mr Mauganeries
about six miles below Guilford Court house in the State of N. Carolina in general Greens army he states the troops remained for some
time where they were mustered into Service, but
but was ordered and marched to Works bridge on Haw river [...]
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[...] He states that he was ordered from place to pilot
some baggage waggons [sic] to the rockey Springs
now in Rockingham County North Carolina and
after some days was ordered to have said waggons [sic]
moved across Dan river into Henry County Virginia, which he performed agreeable order; he states that 
afterward he was marched to the battle ground of
the Guilford [illegible] to bury some of the Americans who fell
in that battle and were left on the ground they found
six men and buried them; he thinks he served in
this tower of duty about one month and a half
and was then dismissed, making in all about
Seven months and twenty one days. He states he knew Major John Nelson of the Continental line
but does not know what Regiment he was attached
to - He further states that he has no documentary
evidence and that he knows of no person whos [sic]
testimony he can procure (except the testimony of William Cunningham whose affidavit is hereto
annexed who can prove a part of one tower) who
can testify to his service. He hereby relinquishes
every claim whatever to a pension or annuity except the present, and declares that his name is not 
on any pension roll of any agency in the 
United States
Inrrogatories [interrogatories] by the Court
Intr. 1st Where and in what year were you born
Ansr. I was born in Baltimore County in the State of
Maryland on the 10th day of February 1753
as I have been informed by my parents.-
Intr. 2nd Have you a record of your age and if so where is it
Ansr. I have not record of my age [...]
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[...] Intry. 3rd Where were you living when called into service
where have you lived since the Revolutionary war;
and where do you now live?
Ans. I lived in Guilford County State of North Carolina
[illegible] I entered the service of the United States, and still
remained there untill [sic] after the revolutionary war
and moved from that county in the year 1807.
to Bedford County State of Tennessee where I now reside.
Intry. 4th How we called into service; were you drafted,
did you volunteer or were you a substitute; and if
a substitute, for whom?
Ans. I was a volunteer; all the time I served;
Intry 5th State the names of some of the regular officers
who were with the troops where you served. Such continental Militia Regiments as you can recollect,
and the general circumstances of your service
Ans. I recollect Major John Nelson who was a regular
officer, I cannot recollect any particular Regiment
except those under Col Martin and the Militia and
Volunteer Regiments under general Green the Nos.
of which if I ever knew I have forgotten.-
Int. 6. Did you ever receive a discharge from
the service.-
Ans. I never did;
Intr. 7th. State the names of persons to whom you are known
in your present neighbourhood, and who can testify
as to your character for veracity and their belief
as to your services as a revolutionary
Soldier.-
Ans. The Rev. John Brooks John A. Marrs, Thos.
Davis, Benjamin Strickler, John Earkin and John
C. Caldwell Sworn to and subscribed the day and
year aforesaid 
John Burns
Jas McKisick Clk
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Rev War
1944
INVALID.
File No. 1944
John Burns
Pvt. N.C. line
Act: June 7, 1832
Index: -- Vol. A, Page 49
[Arrangement of 1870.]
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Jn. Burns
from 1776 private
7 mo 21 days
$25.66/100
Nelson
Martin
N.C.
J. McKisick
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
John Burns 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? [blank]
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
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?
yes
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
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2
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? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [blank]
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?
Has one witness in relation to part of service
XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who
administered the oath certified that he, she, or they are persons of credibility? [blank]
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? No
XVI. Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered? Yes

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 [blank]
year [blank] months and [blank] days, I served as a [blank]. For [blank] months 
and [blank] days, I served as a [blank]; and for such service I claim a pension."
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It is important in all cases to determine with precision the period for which the 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 to
indefinite, and all such qualifying expressions are objectionable.
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 be belonged. The magistrate who may administer
the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.
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4720
John Burns
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State of Tennessee
Bedford County Court, August Sessions 1832.
We John Brooks a clergyman residing in Bedford County
Tennessee and John A. Marrs residing in the same
County do hereby certify that we are well acquainted with
John Burns Senr. who has subscribed and sworn to the
foregoing declaration that we believe him to be Seventy
nine years and six months old; That he is reputed and 
believed in the neighbourhood where he resides to have
been a soldier of the revolution and that we concur in that 
opinion. Sworn to in open Court day and year
aforesaid;
Jas. McKisick Clerk
J. D. Brooks
J. A. Marrs

This day being the 11th day of August 1832 personally
appeared in open Court William Cunningham and after
being qualified according to law deposeth & saith
That he entered the service of the United States as a
drafted soldier in Captain John Nelsons Company where
I became acquainted with John Burns who signed
the foregoing declaration, in the year 1776 in an
expedition against the Cherokee nation of Indians
the sd. Burns was a private soldier in the same company
with [illegible] and he was informed had been in the company
before he joined it; said Burns remained in said company during the whole time he remained with it, which
he thinks was about three months; and how long he said Burns remained
with said company afterwards he does not know
Sworn to in open Court
11th August 1832
Jas. McKisick Clerk
Wm. Cunningham
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And the said court do hereby declare their opinion
after the investigation of the matter, and after putting
the interroggatories [sic] prescribed by the war department
together with the affidavit of William Cunningham
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 John Brooks
who has signed the preceeding [sic] certificate is a clergyman of good standing in the Methodist Church
and also that he is a resident of Bedford County
And that John A Marrs who has also signed
the same, is a resident of the same County, and
is a credible person, and that their statement is
entitled to credit.
J. P. Neill
Samuel Phillips
John B. Armstrong

I James McKisick Clerk of the Court of pleas & Quarter
Sessions for the County of Bedford in the State of Tennessee
do hereby certify, that the foregoing contains the original
proceedings of the said Court, in the matter of the application of John Burns for a pension-
In Testimony whereof, I have hereunto
set my hand and seal of office,
at office in Shelbyville this 10th day
of August 1832
Jas. McKisick
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An amendment to the declaration of John Burns
made at August Term 1832 of Bedford County Court
in order to obtain the benefit of the act of Congress passed
the 7th June 1832.
State of Tennessee
Bedford County
Personally appeared before me the undersigned
an acting justice of the peace in and for Bedford
County John Burns who being
duly sworn, deposeth
and saith that by reason of old age and the consequent loss of memory; he cannot swear possitively [sic] to
the precise length of his service, but according to
the best of his recollection he served not less than
the periods below and in the following grades, to wit
That he served not less than five months on his first
tower of duty to the Cherokee nation in Captain Nelsons
company, as a private Soldier; and that he served not less
than one month at [illegible], but from the great length of 
time since, he cannot state the year, he says he served
six days on his third tower against the tories at the Shallow
ford of the Yadkin, but does that recollect the year
and that he served on his last mentioned tower of duty
not less than one month and a half as a private soldier making in
the whole a term of service of not less than seven
months and twenty one days for which he claims a
pension - Sworn to and subscribed this 5th day of
January 1833
Nathan H Schooler (JP)
John Burns
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State of Tennessee
Bedford County
I James McKisick clerk of the Court of pleas
and Quarter Sessions of said County do hereby certify
of
that Nathan H. Schooler Esquire before whom John
Burns was qualified, to the foregoing amended declaration is now and was at the time of qualifying him
thereto an acting Justice of the peace for said county duly commissioned
and qualified and that full faith and credit are given
to all his official acts as such. And I further
certify that William Cunningham, the witness that was
qualified to part of Jno. Burnses Service, filed his
declaration at August term of Bedford County Court 1832
which is yet on file in my office, in which he states
[illegible] he is Eighty four years six months and nine days old on the 11th day of August 1832.
In Testimony whereof I have hereunto
set my hand and affixed the seal
of Bedford County Court at Office
this
8th day of January 1833.
Jas. McKisick Clerk