Revolutionary War Pension and Bounty Land Warrant Application File S. 8113, John Burgess, Va.
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(3 - 1776)
SERVICE
Va.
Burgess, John
NUMBER
S. 8113
Carded

CONTENTS
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Dead
Paid at the Treasury under
the Act of the 6th April 1838 from 4 Sept 1834 to 16 Feby 1835 the day of his death - Agt
notified 12 January 1839

23,207
Virginia
John Burgess
Fluvanna Co in the State of Virginia
who was a private in the Company commanded
by Captain Henry of the Regt commanded by Col Dabney in the VA [ ?] line for Con.

Inscribed on the Roll of Virginia at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 30 day of Nov. 1833 and sent to  J. Winn  Winnsville Va
Arrears to the 4th of Sept 1833.  $50.00
Semi-anl. allowance ending 4 March  10.00
                                             $ 60,00
     Revolutionary Claim,
Act. June 7, 1832
Recorded by W. L. Williams Clerk
Book  [?]  Vol.6 1/2 Page 3
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M Evans
Notification
Corrected
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Treasury Department
Second Comptroller's Office
December 24th, 1838
Sir:
Under the act of the 6th of April, 1838 entitles "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," Daniel M Burgess, son of John Burgess, a Pensioner in the Roll of the Richmond Virginia Agency at the rate of Twenty Dollars and ______ cents per annum, under the law of the 7th June 1832 has been paid at this Department, from the 4th of Sept. 1834 to the 16th February 1835 to [cross out] the day of his death. 
Respectfully yours,
Albion K. Parris
To the Commissioner of Pensions,
Present.
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29748
Jno  Burgess   Va

Returned [efm]
Admit as a private
$ 4 mo $20

J. Winn
Winnsville  Fluvanna Co. Va.
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WAR DEPARTMENT
Pension Office
14th May 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 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 complying with this request, greatly facilitate the investigation of your claim.

A Statement showing the service of John Burgess, Fluvanna Co. Va
Period when the service was rendered
 Early in the war 
Year Month Day not stated 6 or 8
Rank of the claimant   pr.
Names and Rank of the Company officers under which he served
Cap Henry
Names and Rank of the General and Field officers.
Col Dabney
Col Morgan
Battles in which the applicant was engaged. [Blank]
Country through which he marched.
Va
Place of abode when he entered the service and age at the present.
88   Fluvanna Va
Evidence by which the declaration is supported.
[trady? ] & witnesses who swear that he served as a soldier in the Rev. - not certified to
I am, respectfully, Your obedient servant
J.L. Edwards,
Commissioner of Pension.
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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 onboard of Private Armed Vessels are also excluded from the benefits of the law, as well as person 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 office, 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 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 rand 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 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, via:
(k) We, A.B. 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 day 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 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 produces such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and is 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
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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 what year were our 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, ad where do you now live?
4.  How were you called into service; were you rafted, 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 and 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 person 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 he 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 enquiry 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 partied 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 service, 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 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 a 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 follow 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 about three or four months is to 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 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 as performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinions 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 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.
[1] The notes for [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 interrogatories must all be written, and sent to the War Department, with the declaration.
W.L. Williams   Ex. Clk
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State of Virginia
Fluvanna County  S.S.
On the 3d day of October 1833 personally appeared before me John Winn a justice of the peace for the County of Fluvanna, John Burgess, a resident of the County and State aforesaid aged eighty nine years who being sworn according to law, doth, on his oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed June 7th 1833.
That he served in the Revolutionary War, under the following named officers, and as herein stated.  To Wit. That in the year 1775 (as well as he can recollect) he joined a company commanded by Captain William Henry, as a substitute for Jesse Burton and marched from the said County of Fluvanna, to Williamsburg, Hamton and Sundry other places in the lower part of Virginia, and after serving three months (as well as he can recollect) was discharged - That said Captain Henrys Company he thinks, was attached to Col    Regiment.
That in the early part of the year 1776, he enlisted for twelve months, in a company under Captain Roger Thomson, to be in readiness to take the field at a minutes warning, and were called minute men.  That in a few days thereafter the said Company was ordered into service, and he marched therein from the said County of Fluvanna under Captain Thompson, to Richmond, Hanover Town, New Kent Court House, Burwells Ferry and other places in the lower part of Virginia- where they were in service several months - Thence the said Company was ordered to the western part of said state against the Indians, and marched under the Command of Col Haynes Morgan to Holstein River where they remained in service, he is of opinion three months.,  That a treaty of peace having been concluded with the Indians the said Company returned to Fluvanna.  That on the return of said Company to Fluvanna, they were permitted by their officers to disperse amongst their friends until called on to complete said term of service agreeable to enlistment, which he thinks they never were so called on.  In what particular manner they were discharged he cannot say.  That he served in said Company as aforesaid, not less than Six months, (he thinks he might say eight months.)  That he has no recollection of having received a written discharge.  The said John Burgess upon his oath as aforesaid further saith, That by reason of old age, bodily infirmity, and the 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 as a private in Capt Henry's Company not less than three months, and in Capt Thompsons Company not less than six, months, the periods mentioned above for which he claims a pensions - That the Corps with which he served (so far as he was informed) were called into service by the competent authority, That
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he was either in the field, or in Garrison for the time during which the service was performed.  And that he was not employed in any civil pursuit.
That he was born in the said County of Fluvanna that he resided therein at the time he was called into service & still resides there- That he has no record of his age, but from the best information he can obtain he is of the age above mentioned.
That Thomas Shores, Jesse Hughes, John Bashaw and Austin Seay are persons to whom he is known in his present neighbourhood, and who can testify as to his character for veracity, and their belief of his services as a soldier of the Revolution.
He hereby relinquishes every claim whatsoever to a pension or annuity except the present, and declares that by name subscribed the day and year aforesaid
his
John X Burgess
mark
And I the said John Winn Justice of the peace as aforesaid, do hereby certify, that the said John Burgess in my opinion from blindness and bodily infirmity, cannot attend the Court of Said County.
J. Winn J.P.
Affidavits
Thomas Shores a credible person, this day made Oath before me John Winn a Justice of the peace for the County of Fluvanna and state of Virginia, that in the year 1775, John Burgess, marched with him the said Shores, from the said County of Fluvanna in a Company of Militia under Captain William Henry to Williamsburg and other places in the lower part of Virginia, where they remained together in service, he thinks at least one month, but whither he remained longer in said Company or was transfered to another he cannot say- That said Captain Henrys Company was attached to Col --- Regiment.  That he is the same John Burgess and still resides in the County of Fluvanna
    Thos. Shores
Sworn and subscribed this 19th day of Septr 1833
 J. Winn J.P.
Jesse Huges a credible person this day personally appeared before me John Winn a Justice of the peace for the county of Fluvanna and made oath, that in the year 1776 John Burgess enlisted with him for twelve months in a company under Captain Roger Thomson, that said company was enlisted as minute men to take the field at a minutes warning.  That Shortly, or in a few days after said enlistment they were ordered into service, and marched from said
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County of Fluvanna under said Captain Thompson, to Williamsburg, Barwells Ferry and other places in lower Virginia, where they served as well as he recollects in Col Merideths Regiment two months, Thence they were ordered to the West against the Indians, and marched to Hosteen River.  That they remained at Holstein, as well as he recalls in Colonel Morgans Regiment, three months, and after a treaty of peace had been made with the Indians, returned to Fluvanna.  That on their return to Fluvanna they were permitted to disperse and remain with their friends until again called on to complete said term of enlistment.  That in a few days after said return to Fluvanna, this affiant and several of his comrades enlisted in the Continental service and proceeded to York Town.  That he was never regularly discharged from said company, but secured from his officer a certificate of his service and drew his pay at Williamsburg.  That he is of opinion, the said John Burgess served in said company with him not less than six months, up to the time they returned to Fluvanna - That he has reason to believe the said Company was never required to Complete the term for which they had enlisted.  That the said John Burgess who now applies for a pension is the same man and resides now in the said County of Fluvanna.
Jesse Hughes
Sworn and Subscribed this 24th day of August 1833
J Winn JP
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That said Company served, he thinks about three months.  That he is under the impression, said Company was attached to Col Scotts Regiment but cannot be certain.  The said Austin Seay further affirmed as aforesaid, that in the year 1776 The said John Burgess, enlisted with him and others from Fluvanna for twelve months in a Company of Minute Men under Captain Roger Thompson and marched to Williamsburg, Burwells Ferry where they remained between two and three months.  They were ordered then to the Western part of the state against the Indians but as this affiant was taken sick, and permitted to remain in his own County on furlough, where he remained until said Company returned he cannot say more than that he is of opinion the said John Burgess marched with said Company to the west and returned to Fluvanna, and that he performed all the duty required of him in said company, which must have been at least six months, he thinks as much as eight months but will not be positive and that he is entitled to pay for the time he claims in the foregoing declaration
his
Austin X Seay
mark
Affirmed and subscribed as aforesaid this 21st day of August 1833. J. Winn JP.
We John Goodman a Clergyman residing in the county of Fluvanna and John G. Hughes residing in the same County, hereby certify that we are well acquainted with John Burgess who has subscribed and sworn to the above declaration, that we believe him to be at least Eighty years of age, that he is reputed and believed in the neighbourhood wherein he resides, to have been a soldier of the Revolution, and that we concur in that opinion.  Sworn and subscribed this 3d day of October 1833
John Goodman
John G. Hughes
And the said John Winn Justice of the peace as aforesaid do hereby declare his opinion, after the investigation of the matter, and after puting the interrogatories prescribed by the War department, that the above named applicant was a Revolutionary Soldier and served as he states-  And the said John Winn Justice of the Peace as aforesaid further certifies, that it appears to him, that the said John Goodman, who has signed the preceding certificate is a clergyman, resident in the said County of Fluvanna, and that John G. Hughes who has also signed the same is also a resident in the same County and is a credible person, and that their statement is entitled to credit.  Given under my hand this 3d day of October 1833.
J Winn J.P.
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Revolutionary War Records Section  3-525
Department of the Interior
Bureau of Pensions.
Washington, D.C.

In reply to your request of ________, received _______for a statement of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his Widow's) application for pension on file in this Bureau.  S8113
Dates of Enlistment or Appointment
1775
1776
Length of Service
3 mos
6 mos
Rank.
Pvt.
Captain.
William Henry
Roger Thompson
Colonel:
Scott
Meredith
Haynes Morgan
State
Va
Battles engaged in ________
Residence of soldier at enlistment, Fluvanna Co. Va
Date of application for pension, Oct. 3 1833, His claim was allowed
Residence at date of application, Fluvanna Co. Va
Age at date of application, 89 years, born in Fluvanna Co.
Remarks:  he died Feb. 16, 1835, leaving Son Daniel M. Burgess
Respectfully
Commissioner
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Revolutionary           8113
INVALID
File No. 8113
John Burgess
Pri Rev War
Act: June 7th 32
Index: - Vol 1st, Page 50
[Arrangement of 1870'

1914 Sept 18 history to Mr.
Wirt Johnson Carrington [Mrgx?]Letter in S.F. 37,797 William
Burgess. M.B.H.
Page 15

State of Virginia
Fluvanna County S.S.
I Abraham Shepherd Junior Clerk of the County Court of the said County, do hereby certify, that John Winn whose name is affixed to the foregoing proceedings in the matter of the application of John Burgess for a pension and to the affidavits of Thomas Shores Jesse Hughes, John Bashaw, and Austin Seay, is and was, at the times mentioned therein, one of the Commonwealths Justices of the peace in, and for the said County; duly nominated, commissioned, and qualified according to the laws of the said state.  And that the several signatures thereto annexed, are his genuine signatures
In Testimony whereof I have hereunto set my hand a seal of Office this 13th day of November 1833 and in the 58th year of the Commonwealth.
Abra Shepherd,  jr Clk.

[affixed seal covered]
Page 16

The National Archives
Form Van-51
12-5-41
BOUNTY LAND WARRANT RECORD CARD*
Division of Veterans' Administration Archives
Name:  Burgess, Jonathan  
Grade: Private
Line:  Massachusetts

Warrant Number 3714     
Acreage 100
Issued: Feb. 23, 1797
to Benjamin Dana, assignee

The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in the National Archives.