Revolutionary War Pension and Bounty Land Warrant Application File S. 29044, Seth Burr, Mass.
Page 1

(8-1776)
SERVICE
Mass

Burr, Seth

NUMBER
S.29044

CONTENTS
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15.895
Massachusetts
Seth Burr
of Norfolk in the State of Mass
who was a private in the Conf commanded by Captain [illegible] of the [illegible] commanded by Col. Dayly in the Mass---
line for [illegible]
{illegible]

Inscribed on the Roll of Mass at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 7 day of Aug. 1832 and [illegible] E.S. Leland Roxbury

Arrears to the 4th of [illegible] $73.32
Semi-anl. allowance ending [illegible] 18.33
$91.66
Revolutionary Claim,
Act June 7, 1832
Recorded by [illegible] Clerk, Book E. Vol. 2 Page 8.
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No. 26.112
Seth Burr Norfolk County Massachusetts
[illegible] 11 Monthly

---

E. S. Leland Roxbury Massachusetts
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WAR DEPARTMENT,
Pension Office,
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 shew what is necessary to be done. Those 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 compling with this request, greatly facilitate the investigation of your
claim.

A Statement, showing the Service of Seth Burr Norfolk County Massachusetts

Period when the service was rendered┃
Duration of the claimant's service. Years./Months/Days.┃
Rank of the claimant┃
Names and rank of the Field officers under whom he served┃
Age a present, and place of abode when he entered the service.┃
Proof by which the declaration is supported┃

Vol. 1 Jany. 1776 ┃--/3/-- ┃prvt.┃Cap. Crooker, Col. Bayley┃75 years Wretham Massachusetts

Vol. 1. June 1776┃--/6/--┃prvt.┃Cap. Randall,┃Traditionary evidence & two
witnesses certified credible and one
piece of documentary evidence
papers not property attached

Vol. . . 1777┃--/2/--┃Lieut. Scott



-
I am, respectfully
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
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, mucicians 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 7th, 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:

[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. 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.]

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 in the State of          .
Sworn to and subscribed the day and year aforesaid.                 A. B.
[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 and subscribed the days and year aforesaid.
[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 clergyman, resident in the                                                              and that C. D., who has also signed the same is a 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
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8
alleged service, as they are known at the Department. A very full account of the services of each person 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 atlempted [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 clergyman, 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 Clergyman, 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 a 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 the 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 authenticated 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 county 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 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 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 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 length of his service. The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the name 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 fix 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.

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 in 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 interrogation must all be written, and sent to the War Department with the declaration.
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COMMONWEALTH OF MASSACHUSETTS.
County of Norfolk SS.  
On this fifth day of March in the year of our Lord one thousand eight hundred and thirty three personally appeared in open court before the Honorable Judge of the Court of Probate now sitting at Dedham in and for said County, Seth Burr a resident of Wrentham in said County, aged seventy five, 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 7th A. D. 1832. That he was born at Bridgewater in the County of Plymouth on the 15 day of December AD 1757 & that there is a record of  his birth in the records of said town of Bridgewater:  THAT he was in the United States service from about the first of January A. D. 1776, to the first of April A. D. 1776, three months as a private in the Massachusetts militia: that he was residing at Easton in the County of Bristol when he entered the service; that he was a volunteer and served for the period aforesaid under the command of Captain Elijah Crocker of Colonel John Bayley's Regiment : that he march from Easton to Roxbury when he was stationed and served with other militia troops; that he was in (illegible) battle & at the end of his service received a verbal discharge.  ALSO: that he was in the United Stated service in the year 1777, for two months & 15 days as a private in the Massachusetts Militia: that he was residing at said Easton when he entered the service; that he was a (illegible) and served for the period aforesaid under the command of Leiut Seth Pratt of what Regiment he does not recollect, nor does he recollect the name of any of his officers (illegible) Lieut Pratt: that he marched from Easton to Rhode Island where he was stationed & served with other militia troops, & at the end of his service received a verbal discharge. 
Notably worn of old age & the consequent loss of memory he cannot state this service with any  more precision but that he verily believes that he served the fully (illegible) of time stated & that he well remember that said Seth Pratt was his Lieutenant. 
THAT he         upon the pension roll under the act of 18      as a        in the        and that at the time of his         application, he was residing at
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He hereby relinquishes every claim whatever 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.
Sworn to and Subscribed the day and year first aforesaid.     
Seth Burr

We   (blank space)    a clergyman, residing in the 
(blank space) and  (blank space)   residing  in the  (blank space)  hereby certify that we are well acquainted with   (blank space)  who has subscribed and sworn to the above declaration; that we believe him to be  (blank space)  years of age;  that he is reputed and believed in the neighborhood, where he resides to have been a soldier  (blank space)  of the revolution, and that we concur in that opinion.
Sworn and subscribed as aforesaid.

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 certify that it appears to them that Josiah J. Fiske Esquire, who has signed the preceding certificate, is a resident in the said Wrentham; and that Howard Lothop who has also signed the certificate annexed is a resident in Easton and they are credible persons and that their statement is entitled to credit & the Court further certify that Josiah J. Fiske is a Justice of the Peace through the Commonwealth & that the names signed by them consecutively to the certificates to the depositions hereto annexed are their signatures (illegible) & hand writing
Sherman Leland of Probate 
I, Samuel Haven, Register 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 Seth Burr for a pension.

In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel Haven
[the image of the seal of massachusetts suffolk county appears on the bottom left corner]
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Rev. and 1812
Wars Section
AWF/eel
(illegible)

July 31, 1929

Henry P. Rosemont 
432 Surf Street
Chicago, Illinois

Dear Sir:
I advise you from the papers in the Revolutionary War pension claim, s.29044 (s.29044 is underlined  it appears that Seth Burr (Seth Burris underlined) was born December 15, 1757, in Bridgewater, Plymouth County, Massachusetts.
While residing at Easton, Bristol County, Massachusetts, he enlisted and served as a private with the Massachusetts Troops  as follows:
From January 1, 1776, to April 1, 1776, in Captain Elijah Crocker's Company, Colonel John Bailey's Regiment; from June 1, 1776, to December 1, 1776, in Captain Matthew Randall's Company, Colonel Thomas Marshall's Regiment; in 1777, two  months and fifteen days under Lieutenant Seth Pratt.
After the Revolution, he lived in Norton, Mansfield and Wrentham, Norfolk County, Massachusetts, where he was living when he was allowed penion on his application
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executed March 5, 1833.
There are no data as to family.

Very truly  yours,

EARL D.  CHURCH
Commissioner.
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29044
Revy INVALID
____________________________
File No   29,044
Seth Burr
Priv Rev War
_____________________________
Act:   June 7"  32"
Index:_ Vol. 2      Page  59

[Arrangement of 1870]

[also written on the document and sideways to the official form is:  ]

1929 July 31  Hist to Henry P. Rosement see her letter in Sylvannus Burr  W. 24686 (illegible)
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I Josiah J. Fiske residing in Wrentham in the County of Norfolk hereby certify that I have been acquainted wiht Seth Burr who has signed and subscribed the foregoing declaration that I believe to (illegible) as he has stated and that he is reputed and believed in the neighborhood where he has resided to have been a revolutionary soldier and that I concur in that opinion.
Josiah J. Fiske Just. Peace
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I Ziba Randell of Easton in the County
of Bristol and Commonwealth of Massachusetts aged Seventy two years, testify & say that I Am knowing to, I served with Seth Burr, of Easton in the revolution war in the year
of 1777 at Obdikes [Updikes] Newtown, in the State of Rhode Island & was there between two and three months according to the best of my remembrance and Seth Pratt of Easton was Lieutenant of the Company to which I belonged
Ziba Randell
Bristol [ss] Easton September 7th 1832
personally appeared the above Named
Ziba Handell and made oath that the above
Deposition by him subscribed is true
-
I further say that the said Z Randell is a
man of veracity, before me
John Selee Justice
of the peace
annexed by me
and Probate


Prev
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I James Field of Raynham in the County of Bristol & Commonwealth of Massachusetts aged seventy eight years, testify & say that I am knowing to & served with Seth Burr, (then of Easton in the County of Bristol) three months in the Revolutionary War in the year 1776 At Roxbury in the Months of January, February & March of said year, in the Company commanded by Elijah Crocker Captain & in the regiment Commanded by John Bayley Colonel.  James Field

Bristol Ss. Sept 7th 1832 
Then personally appeared the above named James Field a credible witness & made oath to the truth of the above Deposition by him subscribed.     Before me, Amyntas Shaw 
Justice of the Peace 

annexed by me
(illegible) of Probate
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I Howard Lothrop of Easton in the County of Bristol and Commonwealth of Massachusetts do testify and say that for many years I have been more or less acquainted with Seth Burr who til lately has resided in my vicinity and I have never known any thing against his character for truth and veracity and have no reason to doubt the correctness of his statements as to his age and service in the Revolutionary War
Howard Lothrop

Suffolk SS.  Council chambers Sept 14, 1832 then the above named Howard Lothrop, a member of the Executive Council & a credible witness, made oath to the truth of the foregoing affidavit.
Before Josiah J Fisk   Justice of the Peace
Throughout the Commonwealth.

Annexed by me
(illegible) of Probate
Page 16

Roxbury April 8th, 1833

Sir
I herewith return the Pension applications of Samuel Copen, Samuel Tolman & Mathew Holmes, with the necessary correction, & I also transmit the applications of Polla Pond, Thomas Vinson, Seth Burr, & Eliphaz Thayer.
Respectfully your 
Obt Servant
E.S. Leland

James L. Edwards Esquire
Commissioner of Pensions
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COMMONWEALTH OF MASSACHUSETTS.
____________________________________________
Secretary's Office, March 30th, 1833.

I Hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Seth Burr is born upon the Pay rolls of Capt Mathew Randall's Company, in Col Thomas  Marshall's Reg't & it appears that he served in said Company for the period of six months & half of a day, commencing the first day of June, 1776.
I further certify that there are no rolls of Capt Elijah Crocker's Company upon the files from the year 1776.
Edward D. Bangs  Lg(?)