Revolutionary War Pension and Bounty Land Warrant Application File S. 18753, William Burnam, N.H.
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SERVICE  N. H. 

Burnam. William

NUMBER  S.18753

Carded.

CONTENTS [blank]
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Vermont, 16,686
William Burnam
of Ruttland in the state of Vermont who was a private in the comp commanded by Captain Ellis of the regt commanded by Colonel Scammel in the N .H.cont line, for 1 year

Inscribed on the Roll of Vermont, at the rate of 40 Dollars  00 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 26 day of Sept 1833, and sent to A Warner, East Poultney, Vt.

Arrears to the 4th of Sept. 33 -  $100.00
Semi-anl. allowance ending 4 Mar '34  - 20.00
  [total]  $120.00


{Revolutionary claim, Act June 7, 1832.}

Recorded by Ele Brown, Clerk,
Book E. Vol. 3, Page 54
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William Burnam

Declaration

20584
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STATE OF VERMONT
RUTLAND COUNTY, ss}
On this 15th day of August A.D. 1832 personally appeared before the Probate Court for the District of Fairhaven in the County of Rutland William Burnam a resident of the County of Rutland and State of Vermont, aged 70 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 7, 1832.  That he enlisted in the Army of the United States, in the year 1779 and served in the  [blank] Regiment of the New Hampshire line under the following named officers, Alexander Scammell, Col, Lieut. Stark acting as adjutant, Capt William Ellis, Ensign Weare was ensign at the time of his enlistment & previous to his discharge Robert B. Wilkins was appointed Ensign.  That his Regiment was attached to Brigadier Genl. Poors Brigade.  That at the time he enlisted he resided in Linn Borough [Lyndeboro?] in the county of Hillsborough & State of New Hampshire.  That soon after he enlisted he went to Fish Kill Barracks about five miles east of the Hudson River, where he remained until November under the command of Lieutenant Frost - and then went to Danbury Connecticut and joined his Regiment .  In March following being in the year 1780 he marched with the Brigade to which he belonged to West Point, where he remained stationed in Fort Arnold with his Regiment until his time of service expired, when he was discharged, having served one year.  The discharge which he then received was signed by Col Alexander Scammell, that he has lost the same, not having seen it for several years
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He hereby relinquishes every claim whatever to a pension or 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] William Burnam


And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.  


I Lelah H. Merrill , Clerk of the Court of Probate, aforesaid do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of William Burnam for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, at Castleton this 13th  day of August A. D. 1832.
[signed] L. H. Merrill
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20584

William Burnam

Admit
1 year
$40--

Claimant care of the 
Clerk of the County
Rutland Vermont
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WAR DEPARTMENT
Pension Office,
June 5, 1833
Sir:  The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  These points to which your attention is more particularly directed, you will find marked in the margin with a brace. (thus: } ).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of William Burnam of Rutland County, Vermont
Enlisted 1779  -  1 year  -  Private
Capt Ellis,  Col Scammell,  Gen Poor
Battles: none
Country through which he marched:  from Hillsborough to Fish Kill barracks - then to Danbury Conn. then to West Point N. York
Abode when entered service: Hillsborough County New Hampshire
Present age:  70 years
Evidence:  Living Witness

I am, Respectfully, Your obedient servant.
[signed] J. L. Edwards,
Commissioner of Pensions.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
   This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State Troops." "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers. &c., Teamsters, Boatmen, &c.   Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
   Four general classes of cases are embraced in this law:
1.  The Regular Troops.
2.  The State Troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service.
4.  Indian Spies.
   As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides.  And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the act of Congress of the 7th of June, 1832.
State, Territory, or District of_____}
County of_____ } ss.
   On this_____day of_____personally appeared (a) before_____A.B. a resident (b) of_____in the county of_____and State, Territory or District of_____aged (c)_____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 7, 1832.  That he enlisted in the Army of the United States in the year (d)_____, with _____and served in the _____(e) regiment of the_____line, under the following named officers:
    [in brackets:]  Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched.  (L.)  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c. [end of brackets]

   He hereby relinquishes every claim (f) 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, or (if any) only on that of the Agency for the State of
   Sworn to and subscribed the day and year aforesaid.
     [in brackets:] And then will follow the certificate of the Court.

   And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
   I_____of the Court of _____do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of_____for a pension.
   In testimony whereof, I have hereunto set my hand and seal of office (i) this _____day of_____&c.

   If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
   Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
   (k)  We, A.B., a Clergyman, residing in the _____and C.D. residing in (the same) hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____years of age; 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.
   Sworn to and subscribed the days and year aforesaid.
    [in brackets:] And then will follow the certificate of the Court.
   And the said Court do hereby declare their 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 them that A.B. who has signed the preceding certificate is a clergymen, resident in the_____and is a credible person, and that their statement is entitled to credit.
   I,_____Clerk of the Court of _____do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____for a pension.
     In testimony whereof, I have hereunto set my hand and seal of office this _____day of_____&c.

   Every applicant will produce the best proof in his power.  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
   If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his  alleged service, as they are known at the Department.  A very full account of the services of each person  [end of page]
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3
will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the county in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
   The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State Troops, or Volunteers, except the Militia of New Hampshire and the State Troops of Virginia.
1.  Where and in what year were you born?
2.  Have you any record of your age, and if so, where is it?
3.  Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
4.  How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
5.  State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.  To a Soldier {  Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

   The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
   The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons---one of whom should be the nearest clergymen, if one lives in  the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergymen, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
    The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
   Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of the Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
   Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of Court or County, under his seal of office will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
   No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authorized before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

  (a)  The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
   (b)  The declarant must make his declaration in the cpounty where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
   (c)  The age of the claimant must invariably be mentioned.
   (d)  The declarant must mention the period or periods of the war when he served.
   (e)  Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, 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.  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."
   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 [in italics:] about three or four months, [end italics] in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
   (f)  The law makes the relinquishment indispensable.
   (g)  The opinion of the Court is always required.
   (h)  The Clerk must give his certificate in every case.
   (i)  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

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 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends 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.

Proof of Service.
   (j)  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 claimant's 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.
   [double brackets]  The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers, and State Troops.  The proof required by rule [?] note (j) applies to continental troops only.
   (k)  This traditionary evidence is indispensable in militia cases.
   (l)  If a witness cannot be found, the declarant must state the fact.
   (m)  The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

[handwritten post script] Must provide another witness as his name is not on the rolls.
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18753
INVALID.

File No. 18,753
William Burnam
Priv Rev. War 

Act:  June 7th '32
Index:--Vol. 1, Page 52

[in brackets] Arrangement of 1870.
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45526
INVALID.
Revy
File No. 45526
William Burnam
Priv Rev. War 

Act:  18 March 1818
Index:--Vol. 3, Page 70

[in brackets] Arrangement of 1870.

[written along right side]
Consolidated with D. W. Inv. File 18,753.
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17,016
New  Hampshire

William [Burrows crossed out with a star above it] 2nd
of Rockingham in the state of N H  who was a private in the regiment commanded by Colonel Scammel of the New Hamp line, for the term of one year

Inscribed on the Roll of N Hampshire, at the rate of 8 Dollars per month, to commence on the 26th of Oct 1819.

Certificate of Pension issued the 17 of May 1820,
and sent to Hall Burgin Esq
Pembroke,  N H

Arrears to the 4th of March 1820 -  34.58
Semi-anl. all'ce ending 4 April [1820]  - 48.--
4 mo [?]  [total]  D's 82.58

[star]  Burnam
W. D. K. June 22, 1910.

{Revolutionary claim, Act 18th March, 1818.}
Page 13

The applicant in this case sends a certificate of the Secretary of State of New Hampshire which shows his name on the Master Roll of the New Hampshire Forces in that Office, which he believes will be as satisfactory to the department as if provided by another witness.
He requests that his certificate when granted may be addressed to the subscriber.
Poultney July 4, 1833
[signed] Almon Warner
East Poultney Vermont
Page 14

I hereby certify that William Burnam enlisted as a private into Captain Ellis company on the 22nd day of July 1779 - as appears on a "Return of the non commissioned officers and privates who have been in Captain William Ellis Company in the third Battalion of New Hampshire Forces, Commanded by Col. Alexander Scammell from the first of January 1777 to the first of January 1780 - showing the time of their enlistment discharges &c.:  Return made by Ensign Nathan Weare, and certified by Danl. Livermore - Capt Commandant. 
 
In testimony whereof I have hereunto set my hand and the seal of the State at Concord, this twenty ninth day of June A.D. one thousand eight hundred and thirty two.
[signed] Joseph Robinson {Deputy Secretary of the State of New Hampshire
Page 15

I Robert Bradford Wilklins of Boston, County of Suffolk, and Commonwealth of Massachusetts declare on oath that I was a Lieutenant in the New Hampshire line in the Revolutionary Army and was personally acquainted with William Burnam who enlisted as a soldier in Capt William Ellis' Company in Col Alexander Scammels' Regiment of said line - about the 20th of July 1779 - And faithfully served until about the 20th of July 1780 -  And was honourably discharged at that time at West Point, dated at Boston this 30th day of June in the year of our Lord, One thousand Eight hundred & thirty two
[signed] Robert B Wilkins

Commonwealth of Massachusetts
Suffolk ss City of Boston  June 30th 1832.  The above named Robert B. Wilkins personally appeared and made solemn oath to the truth of the above affidavit by him subscribed before me
[signed] James Allen  Justice of the Peace
Page 16

Commonwealth of Massachusetts
Suffolk ss.
I John Stickney, Clerk of the Common Pleas, a Court of Record for the County of Suffolk, certify that James Allen Esquire, who certifies to the [unknown] of the foregoing affidavit, is a Justice of the Peace for the County of Suffolk, and that I believe his name thereto subscribed to be of his proper hand.
Witness the Seal of said Court at Boston the Thirtieth day of June A.D.N. Eighteen Hundred & Thirty Two.
[signed] John Stickney, Clk
Page 17

Evidence in the case
of Wm Burnams claim
for a pension
Page 18

I Robert B. Wilkins of Concord in the County of Rockingham in the state of New Hampshire, on oath declare that I was a Lieut. in the New Hampshire line in the Continental Revolutionary Army, but was an Ensign in the 3rd New Hampshire Regt Commanded by Col Alexander Scammell in the year 1780 - and was personally acquainted with William Burnam, who enlisted as a private soldier for one year in Capt. William Ellis' Company in said Regt on or about the 21st or 22nd of July 1779 where he continued faithfully to serve as a soldier aforesaid upon the continental establishment until the 22nd or 23rd of July 1780 when he was honorably Discharged , his discharge expressed that he had faithfully served one year it being the term of his enlistment and was signed by Col Scammell - and I further declare that Mr. William Burnam now of Greenfield in said State, who is now in my presence is the identical man which rendered the Services above stated
[signed] Robert B Wilkins

State of New Hampshire
Rockingham ss }  Concord  Oct 26th 1819
Be it known that on the twenty sixth day of October A.D. 1819 before me Joseph Low, Notary Public in & for said State personally appeared Robert B. Wilkins & made solemn oath that the above certificate is Just & true

In Testimony whereof I have hereunto set my hand & affixed my Notarial Seal at Concord, in the County & State aforesaid on the day aforesaid
[signed] Joseph Low, Notary Public
Page 19

Evidence in the case
of Wm Burnams claim 
for a pension
Page 20

State of New Hampshire
Secretary's Office}  October 26, 1819

I hereby certify that among the documents relating to the war of the revolution filed in this office, is one purporting to be a return of commissioned officers & privates in Capt. William Ellis' company in the third battallion of New Hampshire forces commanded by Colonel Alexander Scammell; that among the privates enumerated in said document, the name William Burnam is mentioned, and by the remarks opposite the name of the said William Burnam, it would appear that he enlisted into said company on the 22nd of July 1779 for the term of one year
[signed] Saml Sparhawk  Sect
Page 21

Willm Burnams
Claim for a pension
enlisted 22 of July 1779
in Scammels New Hampshire Regt- one year
Page 22

I William Burnam of Greenfield in the County of Hillsborough in the State of New Hampshire testify and declare that on the twenty second day of July 1779 I enlisted for one year in the Company commanded by Capt William Ellis in the Regt commanded by Col Scammell in New Hampshire line in the Revolutionary War against the Common Enemy   I served said time of one year faithfully & was honorably discharged at West Point on the 23rd of July 1780 by Col Scammell which discharge I have lost.  I am now fifty eight years of age, am in reduced circumstances in life & need assistance from my Country for support
Allenstown  October 26th 1819
[signed] William Burnam

Taken & sworn to, the day & year above 
before me [signed] Hall Burgin  {one of the Judges of the Court of Common Pleas for the County of Rockingham in the State of New Hampshire}
Page 23

I hereby certify that it appears to my satisfaction that the said William Burnam did serve in the revolutionary war against the common enemy as he states in the preceding declaration by him signed & I now transmit the proceedings & testimony taken and had before me to the secretary for the Department of War, pursuant to an act of Congress passed March 18th,1818.  I am also satisfied that he stands in need of assistance from his country for support.
Allenstown  October 26th 1819
[signed]  Hall Burgin {a Judge of the Court of Common Pleas for the County of Rockingham in the State of New Hampshire}

Attest P Chadwick  Clerk of the Court of Common Pleas for said County