Revolutionary War Pension and Bounty Land Warrant Application File S. 15,022, Joseph Burley, N.H
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(3-1776)
Service Number
N.H. Burley, Joseph s.15,022
carded
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2806
New Hampshire
Joseph Burley
of Merrimack in the State of N H who was a Private in the company commanded by Captain [blank] of the Regt commanded by Col Poor in the N H line for 9 mos 1 day Sergt, 13 mos Private

Inscribed on the Roll of N H at the rate of 88 Dollars 49 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6th day of Dec 1832 and sent [to] Joseph C West  Concord N H

Arrears to 4th Sept 1832 - - - - - - - - - $132.73
Semi=anl. allowance ending 2 March '33 - -44.24
[total] $176.97

{Revolutionary Claim, Act June 7, 1832.}

Recorded by J H McBlair, Clerk
Book [D?]  Vol. 1st  Page 143.


[right side of page]
Paid at the Treasury under the Act of the 6 April 1838 from 4th Sept 1838 to 6 Oct 1838, the day of his death [unknown] Notified 3rd Dec 1840
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W.C.E

Sergt 9 mo & 1 day
Private 13 [mo]
[total] 22 mos.

Adm

$88.49

J. C. West
Concord N H
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11,492
BRIEF in the case of Joseph Burley of Franklin 
of Merrimack in the State of New Hampshire
(Act 7th June, 1832.)

1.  Was the declaration made before a Court or a Judge? a Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]

3.  How old is he? 77

4.  State his service, as directed in the form annexed.
Period. May 1775 - 1 Jan 76
Duration of Service.  7 months 
Rank. private
Names of General and Field Officers under whom he served.  Capt Norris Col Poor

Period.  Jan '76
Duration 3 months
Rank [private]
Officers  Capt Lane  

Period.  summer '76
Duration 3 months
Rank [private]
Officers  [unknown]

Period.  Jan '78
Duration  X 1 year
Rank Sergeant
Officers  Capt Worthin  Col Peabody

5.  In what battles was he engaged?  none mentioned

6.  Where did he reside when he entered the service? Epping N. H.

7.  Is his statement supported by living witnesses, by documentary proof, by incidental evidence, or by the rolls?  2 living witnesses

8.  Are the papers defective as to form or authentication? and if so, in what respect? Right


)( Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
[signed]  W. C. Easton
Examining Clerk.

X on Roll of service as a sergeant 9 mos & 1 day
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TREASURY DEPARTMENT
Second Comptroller's Office
December 26th, 1840
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 Executor of Joseph Burley, a Pensioner on the Roll of the Concord, N.H. Agency, at the rate of Eighty eight Dollars and 49 Cents per annum, under the law of the 7th June 1832, has been paid at this Department from the 4th of Sept, 1838, to the 6th October 1838, the day of his death.
Respectfully yours, 
[signed] Albion K. Parris  Comptroller

To the Commissioner of Pensions,
Present.
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DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June. 1832

State of New Hampshire,
County of Merrimack } ss.
On this 29th day of August 1832 personally appeared before the Judge of the Court of Probate for said County Joseph Burley , a resident of Franklin in the County of Merrimack and State of New Hampshire aged seventy seven years, who, being first duly sworn, according to law, 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 1775 with Captain Norris and served in the Col Poors regiment of the New Hampshire line, under the following named officers:

That he enlisted at Epping in New Hampshire in the month of May 1775 for seven months in the company of Infantry commanded by Capt Norris in the Regiment commanded by Col Poor and marched to Winter Hill in June said year and served there until the first of January 1776 & then dismissed had no written discharge
That in January 1776 he enlisted at Epping aforesaid for three months in the company commanded by Capt Lane and marched to Charlestown Mass. and there served until the expiration of the three months and dismissed had no written discharge
That in the summer of 1776 he enlisted at Epping aforesaid for three months and marched to Peekskill New York and was stationed there and at Fishkill until the expiration of the three months and discharged had no written discharge
That in January 1778 he enlisted at Epping aforesaid as Sergeant in the Company commanded by Capt Worthin for one year in the New Hampshire line in the Regt commanded by Col Peabody and marched to Providence in Rhode Island, went onto the Island with Gen Sullivan & remained there till he retreated & came off the Island with him & remained within sight of the Island until the expiration of the year and dismissed had no written discharge

He hereby relinquishes every claim whatever 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.
Sworn to and subscribed the day and year aforesaid  
[signed] Joseph Burley

And the said Court do hereby declare their opinion, that the above applicant was a revolutionary soldier, and served as he states.
[signed] Boswell Stevens  Judge of [unknown]

I, H. B. Chase, Register of the Court of Probate for said County of Merrimack, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of the said Joseph Burley for a pension.

In testimony whereof I have hereunto set my hand and seal of said Court, this twenty-ninth day of August A.D. 1832.
[signed] H. B. Chase, Register of Probate.
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P
INVALID.
15022
File No. 15,022
Joseph Burley
Priv Rev. War 

Act:  June 7th 1832
Index:--Vol. 1, Page 52

[in brackets] Arrangement of 1870.
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11,492
Joseph Burley
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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 Joseph Burley, 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?  yes

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?
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[Page] 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?  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?  [blank]

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?  yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  yes

XV.  Does it appear from any of the papers that the witness was in a situation, or of such an age, as to have a personal knowledge of the applicant's service?  yes

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?  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_____ year____months, and ____days, I served as a _______, For _____months and _____days, I served as a _____; and for such service I claim a pension."
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3

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. 
+QUERE XIV . Proof of Service.
In a case where the name of the applicant is not found on 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 certificated 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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Richardson for Burley
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I Joshua Richardson of Canaan in the County of Grafton and State of New Hampshire being seventy four years of age, do depose and say, that in the month of January 1778 at Hampstead in said State I enlisted into the army of the Revolution in the company commanded by Capt Ezekiel Gile in Col Peabody's Regiment . I soon after marched to Rhode Island and joined the army at Providence, in the spring of said year 1778 I became acquainted with Joseph Burley who then was a sergeant in said Regiment and for one year, I cannot certainly say who his captain was, but was well acquainted with said Burley being often on duty with him during said year, we were discharged at a place called Narrangasett, I was well knowing to the said Burleys serving out the said year and being discharged with the Regiment.  I further testify that Joseph Burley of Franklin in the County of Merrimack in the State of New Hampshire is the same Joseph Burley who served as above stated, as I have been well acquainted with him ever since the service, living most of the time within five miles of him.  I further testify that I have no interest in the application of the said Joseph Burley for his pension.  [signed] Joshua Richardson

State of New Hampshire  Grafton ss.  August 17, 1832.  Then the above named Joshua Richardson signer of the above affidavit came before me and made solemn oath that the same is just & true
[signed] Elijah Blasdell  Jus Peace

I hereby certify that Joshua Richardson the signer of the above affidavit is a man to whose testimony full credit may be given
[signed] Elijah Blasdell  Jus Peace
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State of New Hampshire Secretary's Office, Aug. 17, 1832
I hereby certify that the before named Elijah Blaisdell is a Justice of the Peace for the County of Grafton. duly constituted and sworn, and his signature as such genuine.  In testimony whereof I have hereunto set the Seal of the State
[signed] Ralph Metcalf  Secretary
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Haley for Burley
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I Samuel Haley of Epping in the County of Rockingham and State of New Hampshire of seventy three years of age testify and say that Joseph Burley of Franklin in the County of Merrimack and State aforesaid enlisted into the service in the year 1775 to serve seven months in the Company of Infantry commanded by Capt Norris and Regiment commanded by Col Poor and marched to Winter Hill until the first day of January 1776 he then returned to Epping and the same January he enlisted for the term of three months into the company commanded by Capt Love and returned to Charleston Mass. and was stationed there until our time of enlistment was out and then discharged and in the summer of the year 1776 he enlisted in the company commanded by Capt Gordon for three months and marched to the State of New York and was stationed at Peekskill and Fish Kill and remained there until his enlistment was out and then returned to Epping  I was with said Joseph Burley all the time he performed the above named services
[signed] Samuel Haley

Rockingham ss  July 6th 1832
Personally appearing the above named Samuel Haley and made oath that the above affidavit by him subscribed is just and true  Before me [signed] Geo W Plumer  Jus Peace

I hereby certify that Samuel Haley who subscribed the above affidavit is entitled to credit as a man of truth & veracity
July 6th 1832  {signed] Geo W Plumer J. Peace

State of New Hampshire  Sect Office  July 6, 1832.
I certify that the above named George W. Plumer is a Justice of the Peace for our County of Rockingham duly constituted and sworn, and his signature as such genuine   In testimony whereof I have hereunto set the Seal of the State
[signed] Ralph Metcalf, Secretary