Revolutionary War Pension and Bounty Land Warrant Application File W. 18686, Joseph Burk, Vt.

Page 1

(3-1776)
SERVICE           NUMBER
                           W18686

Vt.     Burk, Joseph
                    Abigail

CONTENTS

Page 2

Vermont 9957 Somph Durk of Do in the Piate of Hermont who was a pointer in the company commanded by Captain Safford of the Regt. commanded by in the Vt. ona lone for Items inscribed the Peoll of. a en at the tate of 70 Dollars or Cents per to commence on the 4th day of March, 1831. Certificate of Pension ifound the 2g day of June 1/33 and Rank to I. At. Willard burears to the 4th of March 1333 firs. 32 Pemi-anl. allorance ending Hiph n 38.03 figs.00 G Revolutionary Claim, bot June 7, 1832. } Recorded by any Clerk, Book & Vol. 3 Page 53

Page 3

[verso]

3601.
Vermont Poultney
Abigail Burk widow of Joseph Burk who served in the Revolutionary Vt. war as a private
______
Inscribed on the Roll at the rate of 76 Dollars 66. Cents per annum, to commence on the 4th day of March, 1848.
______
Certificate of Pension issued the 1 day of feby 1849 and sent to Hon. L. B Peck H of R

Recorded on Roll of Pensioners under act February 2, 1848, Page 38 Vol. 3,

[margin note: Reg 26891]

[recto]

Reported 
feby 1/49
Agency changed it to Montpelier Feb 24. '49
& certif's returned to Hon LB Peck

Died June 30, 1857

AK

Page 4

9407
Joseph Burk

Adm'd per W. E - 

23 mo's
$76.66

S. A. Willard Esq
['Pensioner' crossed out]
Morristown Vt

Page 5

BRIEF in the case of Joseph Burke District of Orleans - in the State of Vermont
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? in Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 69 - 
4. State his service, as directed in the form annexed.
[column headings: Period.|Duration of Service.(Years, Months, Days.)|Rank. As a|Names of General and Field Officers under whom he served.|]
April In 1778...|(..., 5, ....)|Private|Capt. Jesse Safford|
in 1779...|(...., 9, ....)|do|Major Whitcomb|
in 1780....|(...., 9, ....)|do|same officers as above.|
[end of columns]

5. In what battles was he engaged? none
6. Where did he reside when he entered the service? Westminster Vermont.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary and in part by living witness but no certificate from the Justice of the peace or of the clerk attached.
8. Are the papers defective as to form or authentication? and if so, in what respect? Opinion of the court-not-issued by a Judge, and the papers are not attached as required by the regulations.
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

/s/Sam J. Potts
Examining Clerk

Page 6

State of Vermont
District of Orleans ss} At a Probate Court holden at Morristown in and for the District of Orleans

On this 23rd day of August AD. 1832 ['Personally appeared in open Court before the Hon'l the Probate Court now sitting' crossed out] present the Hon'l John Kimball Judge personally appeared in open court Joseph Burke a Resident of Morristown in the County of Orleans and State of Vermont aged Sixty nine 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 act of Congress passed June 7th 1832 that he entered the army of the United States under the following named officers and served as herein stated - 
That in 1777 he lived with his Father in the Town of Westminster in Vermont - that his Father was then a Soldier in the militia at Ticonderoga and in the same year was wounded in Hubbardton Battle and was not afterwards able to perform the duties of Soldier - 
That the next year 1778 his Father sent him into the service as a Substitute. that he marched about the 1st of April under Capt. Jesse Safford to Castleton in Vermont when there were two other Companies of Militia commanded by Capt's Hutchins & Sawyer, also a Company of Rangers under the command of Major Whitcomb and Major Whitcomb had the command of all the forces in that plan; that he staid at Castleton till a cessation of hostilities was agreed upon between Vermont and the commanders of the British forces, which he thinks was

Page 7

in September of the same year at which he took a certificate of his services, was discharged and returned home to Westminster.
That the next year 1779 he marched again as substitute for his Father under the same Captain about the first of April to Meeds Mills in Rutland Vermont. when he again found Captain Hutchins & Sawyer with their companies of Militia and Major Whitcomb with his Rangers and that all was under the command of Major Whitcomb that he served nine months on that tour and then took a certificate of his services and was discharged and again returned home to Westminster
That the next year 1780 he went again for his father and marched under the same Captain J. Safford to Pittsford in Vermont about the first of April. staid at Pittsford till June and then marched to Royalton in Vermont. and from Royalton & Bethel in the same state; and at Bethel they built a Fort called Fort Fortitude. that he served nine months that year and there rec'd a certificate as before - That in this year Royalton was burnt by the Indians.
That he rec'd no other written discharge than the Certificate above named which he thinks were directed to the Council of Safety and certifies that he had well performed the service &c that he delivered them to his Father and does not know what became of them.
That he was born in the town of Westminster in Vermont in June 1783 and moved to Morristown in the County of Orleans and State of Vermont in 1800 and where he now lives and has ever since he knows

Page 8

that he knows of no person living in the vicinity ['except' crossed out] who can testify to his services excepting Mr. Nathan Robinson Mr Nehemiah Perkins & Mr Simeon Burke whose certificates will accompany the Declaration
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 & year aforesaid
/s/Joseph Burk

We David P. Noyes and Truman Denney both Residents of Morristown aforesaid do hereby certify that we are well acquainted with Joseph Burk who has subscribed and sworn to the above declaration. That we believe him to be sixty nine years of age. That he is respected and believed in the neighbourhood now where he resides to have been a soldier in the Revolution and we concur in that opinion
Sworn and subscribed the day & year af'd
/s/David P. Noyes
/s/Truman Denny

And the court hereby declare their opinion after the investig 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.

Page 9

I John H. Kimball Register of the Probate Court in the District of Orleans aforesaid do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of application of Joseph Burk for a pension [margin note: Bank]
[court seal affixed] In testimony whereof I have hereunto set my hand and Seal of office this 29th day of August 1832
/s/John H Kimball Register

Page 10

Declaration
In order to obtain the benefits of the act of Congress of 2d of Feby 1848 entitled an act - making provisions for Surviving widows and Soldiers of the Revolution 
State of Vermont
District of Lamoille
County of Lamoille} On the 23d day of may AD 1848 personally appeared before H. P. Smith - Judge - Abigail Burk a resident of Morristown in s'd State District and County aged about Eighty years and being 1st duly Sworn according to Law - doth on her oath make the following Declaration in order to obtain the benefit of the provisions made by the act of Congress passed on the 2d day of Feby 1848 - granting pensions to Widows of Persons who Served during the Revolutionary War. that She is the Widow of Joseph Burk Late of Morristown aforesaid deceased - and who was a private in the War of the Revolution p She further declares that She was married to s'd Burk at Westminster in the County of Windham and State of Vermont in the month of November 1787 by Esquire Burt a Justice of the peace within and for s'd County of Windham that her said husband died at s'd Morristown on the 8th day of September 1845 - that She was not married to him previous to Leaving the Service - But the marriage took place previous to the 1st day of January 1794

Page 11

yet at the time above Stated - 
She further declares that her said husband Joseph Burk, was Inscribed List of the United States, as a Revolutionary - Soldier - agreeably to his pension certificate herewith annexed and transmitted at the sum of Seventy Six dollars and Sixty Six cents per annum, which is made a part of this declaration & to which I refer for a fuller description of his belief a Pensioner aforesaid I am Ignorant of and not knowing to  his particular Services in the War of the Revolution - previous to my s'd marriage with the s'd Burk and after; I always understood he was in the Service of the United States in the Revolutionary War - and from time and time ['and from time to time' crossed out] Had heard him and others so conversed - which Left no doubt with me that Such was the  past - I must refer to s'd Certificate and papers on file ( If need be to the Latter) for a full confirmation that I am the widow of a Revolutionary Soldier and Pensioner She further declares she is still a widow. the five on 2nd page erased before signed - 
/s/X her mark Abigail Burk
/s/ D. Smith witness
Witness /s/J Sawyer

Page 12

Sworn to and Subscribed on the day and year above written - 
/s/Harlan P Smith Judge
I H. P. Smith - Judge of Probate within and for the District of Lamoille aforesaid certify that the Declaration of Abigail Burk hereto annexed; was duly made before me In open Court and subscribed and sworn to - 
In Testimony whereof I have hereunto subscribed and affixed the seal of office - and Said Court at the Probate Court In Hydepark in s'd District this twenty third day of May AD 1848.
/s/Harlan P. Smith Judge -
[court seal affixed] 
State of Vermont
Lamoille County Clerks office Hydepark August 4th 1848 - I H. P. Smith Deputy Clerk of Lamoille County Court

Page 13

certify that H. P. Smith is Judge of Probate in and for the Probate District of Lamoille - in s'd County of Lamoille - duly commissioned and qualified & that his commission bears date October 30th 1847 and will expire on the 30th day of 1848 - and that his Signature within and above written is genuine - In In testimony whereof I hereunto set my hand affix the Seal of s'd Court - The day & year first above written
attest /s/Harlan P Smith Deputy Clerk 
Clerk of Lamoille County Court
[court seal affixed]

Page 14

[addressed envelope]

Hyde Park
11 Feb. 29

Paid 5

Alvin Goodell Esquire
7 Vest
Westminster Vermont
 [postmark: WESTMINSTER VT [illegible date]]

Page 15

State of Vermont - Windham County Court Clerk's Office
New Fane May 12th AD. 1848
I Marshall Miller, Clerk of said Court, certify that Alvan Goodell is a Justice of the Peace in and for said County duly commissioned & qualified, that his commissioner bears date October 30th, 1847 and will expire on the 30th day of ['December' crossed out] November 1848 and that his signature within written is genuine 
In testimony whereof I hereunto set my hand and affix the seal of said Court the day and year first above written
[court seal affixed] 
Attest /s/Marshall Miller Clerk

Page 16

State of Vermont
Windham Cy SS.} I Asenith Goodale of Westminster in in the  County of Windham and State of Vermont aged about Eighty three years Testify and Say that more than fifty Eight years past I was present, at the marriage and wedding of my younger Sister, Abigail Petty, to Joseph Burk, both then of Said Westminster - by Benjamin Burt Esquire, then, and for a Long period of time before and after a Justice of the Peace, in and for said County - that they immediately went to keeping house - and after Some years, removed to North point of Vermont where I understand, Burk died and my Sister is now Living  having raised a numerous family - that they have been seperated from my residence - between forty and fifty years at Least - and further the deponent saith not 
/s/X her Mark Asenath Goodell

State of Vermont
Windham Cy. ss} Westminster March 13th AD 1848
Then, personally appeared before me, Asenith Goodale who - Signed the above affidavit - and made Solomn oath that the Same was true and I further testify that She is a credible witness and full faith and credit ought to be given to her Testimony whenever given
/a/Alvern Goodell Justice of the Peace

Page 17

[typewritten letter]

February 24, 1934
xxxxxxxxxxxxx

JOSEPH BURK
W.. 18686
BA-J/MLB (initials: own]

Mrs. Peter C. Olsen
69 Water Street
Perth Amboy, New Jersey

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of Joseph Burke, of Orleans County, Vermont, who received a pension.
The history of Joseph Burk (as he signed) follows as found in the papers on file in pension claim, W. 18686, based upon his service in the Revolutionary War.
Joseph Burk was born in June, 1763, in Westminster, Vermont; the names of his parents are not given.
While residing with his father at Westminster, Vermont, he  enlisted April 1, 1778, as a substitute for his father who, while serving in the militia at Ticonderoga, had been wounded in the battle of Hubbardton and unfitted for further service; he (Joseph) served as a private in Captain Jesse Safford's Vermont company and was discharged in September, 1778. He enlisted April 1, 1779, served as a private and substitute for his father in Captain Jesse Safford's Vermont company, and was discharged after serving nine months. He again enlisted April 1, 1780, and served as a substitute for his father under the same officers, length of this tour nine months, during which period he assisted in building Fort Fortitude and was Royalton when the town was burned by the Indians.
In 1800 the soldier moved from Westminster, Windham County, Vermont, to Morristown, Orleans County, Vermont, where he resided until death. 
Joseph Burk was allowed pension on his application executed August 23, 1832, at which time he was a resident of said Morristown, Vermont.

Page 18

[typewritten letter]

The soldier died September 8, 1845, in Morristown, Vermont.
Joseph Burk married in November, 1787, in Westminster, Vermont, Abigail Petty; they were both residents of said Westminster.
Soldier's widow, Abigail Burk, was allowed pension on her application executed may 23, 1848, at which time she was aged about eighty years and a resident of Morristown, Lamoille, Vermont.
Joseph Burk and his wife, Abigail, reared a large family of children but no names were given.
One Simeon Burk, born in October, 1769, was in 1780 residing in Westminster, Vermont, and in 1832 in Stowe, Washington County, Vermont, or is that part of Chittenden County which was later formed into Lamoille County, Vermont, no relationship to soldier stated. 
In 1848, Asenath Goodell, aged about eighty-three years, a younger sister of soldier's wife, Abigail, was residing in Westminster, Vermont. In the same year, one Alvan Goodell was Justice of the Peace for Windham County, Vermont. The relationship of the two with surname Goodell was not shown.

Very truly yours

A. D. HILLER
Assistant to Administrator

-2-

Page 19

[verso]

Rev WIDOW, &c.
_____
File No. 18686
Abigail Burk widow of Joseph Burk Pri Rev War

Act: Feb 20 48
Index: - Vol. A, Page 115
[Arrangement of 1870.]

[recto]

1934 Feb. 24. Hist. to Mrs. Peter C. Olsen - MLB

Page 20

560
Vermont. Poultney
Abigail Burk widow of Joseph Burk who was a private in the Revo'l
______
Inscribed on the Roll at the rate of 76 Dollars 66. Cents per annum, to commence on the ['4th' crossed out] eighth day of ['March, 1844' crossed out] Sept'r 1845.
Certificate of Pension issued the 1 day of february 1849 and sent to Hon. L. B. Peck HofR
______
[Act of JUNE 17, 1844.]
Recorded in Book A
Vol. 2. Page 68.

Page 21

Declaration - 
Abigail Burk ['for' crossed out] - Widow of J Burk for a pension
Payments to be made at Burlington by Sec'd U. S. Pri. Bank Agent for paying Pensioners, in the Agency of Vermont

Joshua Sawyer Agent - 
acts 17 June 1844 and Feb. 2. 1848
com: 8 Sept. 1845
L. B. Peck H. Rep.
Hon. L. B. Peck House of Rep
Recorded in the Pension Office, in Book E Vol. 3 Page 53 by W. L. Williams Clerk.

Page 22

WAR DEPARTMENT.
Revolutionary Claim.

I certify that, in conformity with the law of the United States of the 7th June, 1832, Joseph Burk of the State of Vermont who was a Private in the war of the Revolution is entitled to receive Seventy Six dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1881, and payable semi-annually on the 4th of March, and 4th of September, in every year.
[official seal affixed] GIVEN at the War Office of the United States, this Twenty Ninth day of June one thousand eight hundred and thirty-Three
/s/John Robb
Acting Secretary of War.

Examined and Countersigned.}
JL Edwards
Commissioner of Pensions.

Page 23

[addressed envelope]
Hydepark Vt.
August 5

free

Hon James L. Edwards Comm'r of Pensions
Washington City. - 
D. C. - 

[annotated: rec of applic'n 1642
34
Aug 12 48 
Mr Cole
Ames
H
Hon L. B. Peck HR]

Page 24

Hon James L. Edwards - Commissioner of Pensions
Sir - The enclosed_ are the papers of [obscured: torn paper] Burk for a widows pension - The [obscured: torn paper] Proof of Marriage o Widowhood - and that Joseph Burk - her husband was a Pensioner by the certificate annexed to her Declaration - Burk died 4th September 1845 - of course It is Supposed - She will be subscribed to 
drawn if at all - 4th of September 1845 - 
Hydepark Augt 5 1848 With high respect your obt Servt /s/JSSawyer Agent -

Page 25

State of Vermont
Lamoille County ss} I Nehemiah Perkins of Stowe in the County of Lamoille - and State of Vermont aged about Eight one years Testify and Say that In early manhood or Life, I Lived in the Town of Westminster County of Windham and State of Vermont - that I was well acquainted with Joseph Burk Late a Pensioner for many years as I understood and have no doubt and also Abigail Petty - afterward his wife. I married his wife at said Westminster - sixty years past Last four ['years ago' crossed out] - The said Joseph and Abigail were published or cried off - as the common expression is - on the Same Sabbath that myself & wife were the   marriage of s'd Joseph & Abigail Immediately followed us was currently reported as such things usually are - we were not at the wedding - But understood it well at the time - they Lived there a number of years -as man and wife - I moved with my family to the Town of Stowe in the County of Chittenden But afterwards formed into the New County of Lamoille - In the year 1803 - ['Said Burk' crossed out]

Page 26

Said Burk removed from Westminster to Stowe 1st then the adjoining Town of North [Morristown] about the year AD 1800 - he removed with his s'd wife Abigail - and a young family of children where I knew the untill his death 3 or 4 years since - and. understand the Said Abigail is now Living there at Morristown his widow - Esquire Burt (afterward Judge Burt:) whose Christian name I have forgotten was a Justice of the Peace in the Town of Westminster in the County of Windham and then, & as the same is now, authorized to perform the marriage ceremony - said Justice Burt married myself and wife, who I understand married Burk and wife who I understand married Burk and wife - at the Inn of John Norton Esquire In s'd Westminster - about the time that we were married - and  not but a few days - after we were published as above stated - Said Burk & wife Immediately moved on to a farm and remarried there untill they removed to Stowe - at the times Burk & said Abigail were married & published & Lived within about one half mile from there - I was at their house - after they went to Keeping house they raised up a Large family of children - and I have no doubt of the Legitimate  marriage than I have of

Page 27

[illegible] and no doubt was ever raised about their marriage to my knowledge and further that informant saith not
/s/Nehemiah Perkins

State of Vermont
Lamoille County SS} Stowe Feby 26th 1848
Then personally appeared before me Nehemiah Perkins who signed the above affidavit - and made solemn oath that the was above true according to his best knowledge & information and belief - and I further certify that he is a credible witness - and of genuine veracity and full credit ought to be given to his testimony - whenever known and I further certify that all [illegible] were made before the same and signed and sworn to
/s/Joshua Sawyer Just Peace

State of Vermont
Lamoille County SS} Clerk office Hydepark August 3rd, 1848. I, H P Smith Deputy County clerk of Lamoille County Court within

Page 28

within and for said County
Certify that Joshua Sawyer J.P. a Justice of the peace in and for Said County of Lamoille duly commissioned and qualified that his commission  bears date on the 30th day of Oct'r 1847 and will expire on the ['first' crossed out] 30 day of ['December' crossed out] November 1848 - and that his Signature within written is [margin note: Perkins] genuine - In testimony whereof I hereunto set my hand and affix the Seal of Said Court - 
[court seal affixed]
attest /s/H. P. Smith Deputy Clerk of Lamoille County Court

Page 29

I Nehemiah Perkins of Stowe in the County of Washington and State of Vermont aged Sixty six years certify and say that I am acquainted with Joseph Burk of Morristown in the County of Orleans and State of Vermont who has this day filed his Declaration in court in order to obtain a Pension under the act of Congress passed June 7th 1832 that he resided in Westminster in Vermont in the year 1781 and that I went to live there at that time and lived near said Burke for several years. that was there generally understood in the neighbourhood that said Burke was a soldier and ['did' crossed out] served  in the militia at Royalton and other places that just was the general opinion and I concur'd and do now concur in that opinion
/s/Nehemiah Perkins
Sworn to and subscribed the 23d day of Augt 1832

State of Vermont
Orleans District ss} I John H Kimball Register of the Probate Court for the District of Orleans & [State of Verm ' crossed out] do hereby that on this 23d day of August 1832 personally appeared in open court Simeon Burk Nathan Robinson and Nehemiah Perkins the signers of the three foregoing certificates and ['were' crossed out] severally make oath that the same are true and I further certify that it appears to the said Court that the said Burke Robinson and Perkins are credible witnesses 
[court seal affixed] In testimony whereof I hereunto set my hand and Seal of office this 23d day of August 1832
/s/John H. Kimball Register

Page 30

I Simeon Burke of Stowe in the County of Washington and State of Vermont aged Sixty two years in October last certify and say that I am acquainted with Joseph Burke of Morristown in the county of Orleans and State of Vermont who has this day Filed his declaration in court in order to obtain a Pension under the act of Congress passed this 7th of June 1832 and that I lived in Westminster in Vermont in the year 1780 when Royalton was burned and know that the said Joseph Burke in that year was a soldier in the militia or knows of his returning or date - other than Fall and said he had been in militia service and & this Deponent believes the said Joseph Burke had been on duty in the militia as he stated /s/Simeon Burk
Sworn and subscribed on this 23d day of Augt 1832 - 

I Nathan Robinson of Stowe in the county of Washington and State of Vermont aged seventy seven years certify and say that I am acquainted with Joseph Burke of Morristown in the County in Orleans and State of Vermont who has this day filed his declaration in Court in order to obtain a Pension under the act of Congress passed June 7th 1832 that ['he was' crossed out] I lived in Westminster in Vermont in 1780 the year Royalton in Vermont was burnt and that the said Joseph Burke came home in the fall and said he had been doing duty in the militia at Royalton and Bethel. and all the said Deponent believes the said Joseph Burke had been in the militia service - and further I understood he was out in the service before that such was the general belief in the neighbourhood /s/Nathan Robinson

Sworn to and subscribed the 23d day of Augt 1832

Page 31

[handwritten letter]

House of Rep. Feb. 23.

Sir,
Mrs. Burke, the widow, of Jos. Burke, resides within some twenty miles of the Montpelier Agency, as I am informed, & it will be a matter of very great convenience to receive her pension at that agency. that the proper entry may be made. I send you her certificate - 
Respectfully
/s/L. B. Peck

Hon. J. L. Edwards

Page 32

[handwritten letter]

69 Water St.
Perth Amboy, N. J. 
Feb. 8th, 1934.

[receipt stamp: RECEIVED FEB 10 1934 MAIL SUB-DIV. VETS. ADM. READER 15]

To the Pension Department
Washington - D.C. 

[receipt stamp: RECEIVED FEB 13 1934 PENSION INDEX SECTION]

Dear Sirs, - [margin note: no decision 2/13 *)
Will you please sent me all the information you may have in regard to [margin note: 3) Joseph Burke of Orleans Co. Vermont - Pensioned Pay $76.66 according to "Vermont Antequarian" Pg 690

Page 33

[handwritten letter]

If you have his wifes name or children's names I would appreciate your including that.
Thanking you - I am
Very truly yours,
(Mrs.) Peter C. Olsen
Frances Burk Olsen.

Page 34

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41

Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD* 

NAME Burk, Josiah GRADE Private LINE Massachusetts

WARRANT NUMBER 3780 ACREAGE 100 ISSUED Apr. 7, 1792
to --not shown--

* The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrant 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.