Revolutionary War Pension and Bounty Land Warrant Application File W. 3653, John Burt, Conn.

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(3 - 1776)
SERVICE Conn. 
CONTENTS
Burt, John
Eunice
NUMBER W. 3653

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Burt, John

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[missing text] 40
New York
Eunice Burt
widow of John Burt Conn who served
in the Revolution war, as a Private
Inscribed on the Roll at the rate of
46 Dollars 66 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 20th day of July 1833 and sent to
W Burlingham
Holland
Erie Co. N.Y.
[handwritten 35 next to round stamp]
[Black round stamp: ]  THEN NATIONAL ARCHIVES OF THE UNITED STATES 
[Missing text[ on Roll of Pensioners under [missing text] 84S, Page 69 Vol. [missing text]

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20576 New York
[Second New York crossed out] Michigan [written over top]
John Burt
of Allegany in the State of New York
who was a private in the Comp [company commanded by Captain Burges of the Regt [regiment] commanded by Col. Johnson in the Connt [Connecticut] line for 14 months
[Albany New York crossed out]
Inscribed on the Roll of New York
at the rate of 46 Dollars 66 Cents per annum
commence on the 4th day of March, 1831.
certificate of Pension issued the 23 day of Sep
1833 and sent to D Raymond Cuba
Arrears to the 4th of Sep 33 $116.66
Semi-anl. allowance ending 4 M '34 23.33
$139.99
Revolutionary Claim,
Act June 7, 1832.
Recorded by Go C Stiles
Book E Vol. 4 Page 48
*Michigan* [quadruple underlined]
 
[Illegible] March 21 [Illegible]

Transfer to Michigan from Albany fr. [from] 4th 
Sept '35  - Apl 4th '37

Cer [certificate] to Pen [pension] ag [agent] Viz.   Tr. [transfer] Cer [certificate] to Penr [Pensioner] 11 Nov 1887

To Albany N.Y. 4 March 1837 - 11 Jany 1838. Notification sent to Pensioner
Rushford N.Y.

Cer [certificate] to Pen [pension] agt [agent] 24th Jany 1842

To Michigan from 4th Sep 1841. 
2nd March 1842. Notification to Plymouth, Michigan

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State of New York
Allegany County ss.
On this 30th day of October 1832 personally appeared in open Court before John Griffin, Asa S. Allen and Josiah Utter Judges of the Court of Common pleas of the County aforesaid now sitting
John Burt a resident of the town of Haight in the County and State aforesaid 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 was born in the town of Barclay in the County of Plymouth and State of
Massachusetts on the 20th of January 1763. thinks his age is recorded in Barclay, has
no other record of it
In December 1780 being then a resident of the town of Canterbury with his father in the State of Connecticut his father sent him into the service of the colonists as a substitute for John Bradford for two months, in the drafted militia-- Burges was Capt. Dyer Johnson, Colonel, and-- Spencer of East Hadam his general-
Marched from Canterbury through Plainfield and Voluntown to Providence in
Rhode Island, stationed in the city from December till February following then took his
discharge and went home to Canterbury - saw General Putnam at Providence-
About the first of March 1781 in enlisted a volunteer for one year at Canterbury in the State troops under Lieut. Aaron Cleveland-- Rendezvoused in Scotland society
in the County of Windham under Capt Abner Roberson in Col McLannins Regt [regiment]
In April or May Marched by Hartford and New Haven in Connecticut to Horn Neck and then to White Plains-- stationed there till after Independence then
marched up to West Point, staid [stayed] there till the last of September. Then to to [sic]
to Canterbury through Kent and bye [by] Farmington Meadows, soon after to New
London where he took his discharge and went home in the month of March having Served out his years enlistment
During this years service saw Col Dungy's regiment and thinks also that he saw Col's Meigs and Wyllis (regular troops) at White planes [Plains]
At West Point McLannen's Regt was stationed at the foot of the old fort and Col Malcom's was stationed farther back from the river at the upper end of the grand parade.
First saw General Washington at White Planes [Plains] and afterwards at West point, Was once are sentinel at the gate when he inspected the fort there.
On his march from Canterbury to New London having a pack and his arms &c he slipped on the frozen ground, fell down, and broke his wrist, which has been lame ever since-- Recollects the chain across the Hudson at West point saw how it was fastened to a rock at one end, and also saw the pine logs out in the stream which served as bearers to buoy up the various parts of the chain - Col Cocisco
small French man was the engineer at the fort. Baron De Struben [von Steuben] he saw at White Planes [Plains]
In September '82 at the time New London was burnt he went out at the sound of the alarm under Capt. Benjamin Bacon of the Militia but did not arrive there in time to see an enemy, was probably gone from house 3 or 4 days 
The whole time he was in the service was not far from Fourteen months possibly a few days more but surely not less than that time -for the years service was paid in paper money called "Connecticut New Emission" and worth no more than a nominal value -
Had two other discharges long since destroyed as worthless - In '83 or '84 moved from Canterbury to Cambridge in this state and has never lived out of N. York State since
He has on documentary evidence but has the testimony of Nathanial Parrish whose affidavit is herewith accompanied which proves that he served one year in the war.

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[top is partial duplicate of page 5 prior - between **] ** the time New London was burnt he went out at the sound of the alarm under Capt. Benjamin Bacon of the Militia but did not arrive there in time to see an enemy, was probably gone from house 3 or 4 days
The whole time he was in the service was not far from Fourteen months possibly a few days more but surely not less than that time -for the years service was paid in paper money called "Connecticut New Emission" and worth no more than a nominal value -
Had two other discharges long since destroyed as worthless - In '83 or '84 moved from Canterbury to Cambridge in this state and has never lived out of N. York State since
He has on documentary evidence but has the testimony of Nathanial Parrish whose** affidavit is herewith accompanied which proves that he served one year in the war of
the revolution Jonathan Thompson 1830 made a similar affidavit he has died since
Asahel Tyler at the same time made an affidavit that he knew John Burt during the revolution and that he was in the war more than one year Both of these were sent to the war department in July 1830 and it is presumed they are on file at this time in the war office. Don't know where Tyler is now
He hereby declares that his name is not on the pension roll of the agency of any State
Sworn to and subscribed the day and year aforesaid John Burt
J W Sherman Clerk
We Abraham Folsom a Clergyman residing in the town of Cuba in the County of Allegany aforesaid and Stephen Cady of the same place hereby certify that we are well acquainted with John Burt who has subscribed and sworn to the above declaration; that we believe him to be sixty nine years of age; that he is reputed and believed in the  Neighborhood where he resides to have me a soldier of the revolution and that we concur in that opinion
Sworn and subscribed the day and year aforesaid

Abraham Folsom
Stephen Cady 
J W Sherman Clerk

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 Abraham Folsom who has signed the preceding certificate is a clergyman resident in this said town of Cuba and that Stephen Cady
 who has also signed the same is a resident in the same place and is a credible person
and that their statement is entitled to credit

Judges of Com Pleas
John Griffin
Josiah Utter
Asa S Allen
 
I Judson W. Sherman Clerk of the Court of Common pleas said County of Allegany do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of application of John Burt for a pension
In testimony whereof I have hereunto set my hand and seal of office this 29th day of October 1882

J W Sherman Clerk

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Note. Mr Burt the applicant lives near the town
time between Cuba and Haight and is better known in Cuba than in his own town
All communications in the matter of John Burk to be directed to Daniel Raymond of Cuba Allegany County N. York

Allegany County ss 
On the 11th day of October 1832 personally appeared before me John Griffins first Judge of the court of Common pleas in and for
the the [sic] County of Allegany in the State of New York [illegible] Parrish[Parish] of the County of Cattaraugus who being duly sworn deposeth and saith that he lived in the town of Canterbury in the state of Connecticut during the revolutionary war and was then personally acquainted with John Burt the above applicant
and distinctly remembers that he the said
John Burt went out into the service of
the United States at that time  ^ was absent^ about one year at one time, said to be in the war under the command of Capt Abner Roberson and further this [sic] this deponent saith not 
Nehemiah Cornish

Sworn and subscribed the 11th Day of October 1832
John Griffin Judge
Allegany County
Clerks Office ss.

I Judson M Sherman Clerk of the said County do hereby certify that John Griffin before whom the above Affidavit purports to have been sworn was upon the date of the same one of the Judges of the court of Common
Pleas in & for said County And that I am well acquainted with his handwriting and verily believe his name subscribed thereto is his own proper handwriting & signature
 
Witness my hand and seal of Office this 
31st day of October

J W Sherman

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State of New York Ss.
Allegany County
On this 3 day of June 1833 personally appeared before me the undersigned
a Justice of the peace of the said County of Allegany at my office in Cuba John Burt a
resident of the town of Haight in the said County who being duly sworn deposeth and
saith in answer the said justice he
to the interrogatories prescribed by the war department and put to him sepparately [separately] by me the said justice he made the following answers as written below. 
1st Where and in what year were you born
Answer - Barclay Plymouth County Mass on the 20th Jany 1768
2nd Have you any record of your age?
Answer - None. It is recorded in Barclay

3d Where were you living when called into service? Answer Canterbury in Connecticut question continued where have you lived since and where do you now live? answer-- continued in Canterbury in Connecticut still in Feby 1784 then moved to Cambridge in New York state moved from there to Rome same stated in 1787. has lived in this town since.

4th How were you called into service? answer ^the first time^ answer his Father sent him a substitute for [John - crossed out] ^Joshua ^ Bradford the second time enlisted a volunteer in the state troops and this with Capt. Robertson in the drafted Militia on an alarm with Capt Bacon

5th state the names of some of the N.Y. [illegible] officers &c answer; saw Gen Putnam at General Spencer's quarters at Providence Dyer Jones was his Col. there. Attest point saw Col Wyllis, and Hessian Regts. [regiments] who enlisted after they were prisoners at White Planes [Plains] saw Genl Washington & Gates
 4 July 1781 also said Capt Hardin of the Navy at New London My Col Malcom at West point

6th Did you ever receive a discharge from the service &c? answer. yes one certain at New London of Capt Robinson long since Burnt
thinks another at Providence but is not quite certain

And further this deponent saith on his oath after a full investigation and examination of the declaration which is written on the [within -crossed out] side of these two sheets of paper that this is the same declaration which he made
Sworn to and signed in open court at Angelica on the 30th day of October 1832 without any 
alteration or diminution or addition
John Burt
Sworn to and subscribed on the day and year first above written at my office in Cuba
in the County of Allegany aforesaid before me
John Powers Justice
State of New York
Allegany County ss
Clerks office
18234
[Illegible paper seal attached]
I Judson W Sherman Clerk of the
County of Allegany aforesaid do hereby certify that John Powers before whom the above certificate and proceedings purport to have been instituted is a Justice of the peace of the said County in the town of Cuba & that I am acquainted with his handwriting and that
his signature subscribed above is his proper
handwriting

Witness my hand and seal of office this 5 day
of June 1833
J W Sherman
[John Burt, Declaration dated Allegany count N. York - crossed out]

Admd
14 Mo pri [months private]
46.66

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State of New York
Allegancy county 
On this fourth day of June 1888

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State of New York
Monroe County [illegible]

On this 15th day of October 1829 personally appeared in open Court being the the Court of Common Pleas, in and for the County of Monroe proceeding according to the course of the Common Law, with a jurisdiction unlimited in point of amount and keeping a record of its proceedings, John Burt resident in said County aged sixty six years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March 1818 and the 1st of May 1820: That he thus said John Burt enlisted for the turn of one year in the month of March, but on what day of March this Deponent cannot say, nor can he say what year he enlisted, but this Deponent remembers distinctly that he enlisted in the month of March in the year after Arnold had sold West-point and believes it was in the year [blank]  in the town of Canterbury in Windham County in the State of Connecticut in the company commanded by Captain Aaron Cleveland in the regiment commanded by Col. Mc.Clelland or Mc. Lallan in the line of the State of Connecticut on the Continental establishment that he marched with his company from Canterbury where he enlisted to the White Plains-where he stayed with his company about 15 or twenty days as near as this Deponent can recollect-from White Plains he marched with his company to West-point and stayed there and did military duty every day until late in the fall, and according to this Deponents best recollection until in the month of November that while at West-point he served under Colonel Malcolm Commandant of that place-he then with his company marched from West-point to Farmington in the State of Connecticut-he then being near his native town was allowed to go home-where he stayed about four days-he was then ordered to join his company and did so and marched with his Company to New London-that on the march to New London he fell on the frozen ground and broke his left wrist-that he stayed at New London, and served in his Company there through the winter and until the time of the expiration of his enlistment in the month of March-that he was then discharged honorably and returned home to Canterbury, having served in actual military duty his full time of enlistment-And this Deponent further says that the reason why this application for a pension was not made earlier is: that in October 1826 he contemplated applying for a pension and made application to an attorney one Richard C. Jones to make out the necessary papers that his own affidavit was taken before the Hon. Timothy Childs one of the Judges of Monroe County and that the affidavit which is hereto annexed of one Jonathan Thompson the former fellow soldier of this Deponent was also taken before the said Timothy Childs at the same time-that the said Richard C. Jones, who is now dead informed this Deponent that the

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papers had been sent to the Secretary of War and this Deponent did believe for a long time that the said papers were sent accordingly- that after he discovered they were not sent, he neglected for some time to make further application- that he next applied to another attorney and was delayed by him, who informed him that he must make out new papers and that it would take some time- that he then applied to his present agent, and these papers are now forwarded.

And in pursuance of the Act of the 1st May 1820 I do solemnly swear that I was a resident citizen of the United States in the 18th day of March 1818, and that I have not, since that time, by gift, sale or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to being myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" passed on the 18th day of March 1818 and that I have not nor has any person in trust for me, any property, or securities, contracts, or debts due to me: nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed necessary clothing and bedding excepted.
one table, six chairs, eight knives and forks, ten cups and saucers, fourteen plates, six bowls, 2 platters, 1 milk pan, 2 bed stands, 1 spinning wheel, 2 pails, 1 churn, 1 chest, 1 candle stand, 1 five pail kettle broken, 1 pot broken, 1 dish kettle, 1 tea kettle, 2 iron basons, 1 trammel, 1 tea pot, 1 cream cup, 1 sugar bowl, 1 weaving loom, 2 chains, 1 old lumber waggon, 2 old hoes, 2 axes, 1 shaving knife, 1 pork barrel, one cow-This Declarant has also a demand for staves against one Samuel Smith for about $90 that the same is involved in a Lawsuit which is now contested and this Deponent cannot say what the result of the suit maybe- that the said Smith is reputed to be a litigious man and this declarant fears that in a contested suit the cost will be greater than the amount he can recover.
John Burt

This Declarant is by profession a shoe maker, and has usually enjoyed good health for an old man until the summer last past, when he was much out of health, and yet feels the effects of it but if yet able to work the greater part of the time- his wife Eunice aged 52 years is in feeble health and has been so for many years- and has been sick for a part of the past summer- his son John L. Burt aged 22 years has been sick for the year past and not able to do any work- this Declarant has to maintain him entirely and believes that he is in such a feeble condition that he will never be able to earn a subsistence- that during the past winter he was wholly confined to the house and to his room- that his sickness was caused by excessive labor and fatigue- his two

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Daughters one Jennet aged about 18 years, the other Esther aged about 17 years, both work out at service for other by the week, and make their home when unemployed with this Declarant- his son Sylvenus C. Burt aged 15 years is in good health and able to earn his living- his daughter Harriet aged 12 years has been dangerously sick for about two months and is yet sick and feeble- his youngest child is Charles a boy between 7 and 8 years old and can not earn his living- all these children have their home with this Deponent.

That since the 18th of March 1818 the following changes have been made in my property- This Declarant has not owned any land for more than 16 years last past- that this Declarant according to his best recollection about the year 1818 or 1819, was permitted by a Mr. Wadsworth to occupy a lot of land of about forty five acres in the town of Ogden now County of Monroe, said lot having about 4 acres only cleared the residue being wild land, on condition that this Declarant would pay the taxes- that he occupied it about 8 or 9 years- Mr. Wadsworth at that time having the agency of the said lot, for the owner- that a Mr. Willey afterwards had the agency of the said lot of land when this Deponent was compelled to have the lot- but this Declarant never had any title to said lot of land.
And the Declarant further says, that according to his best recollection remembrance and belief, on the 18th day of March 1818 he owned a yoke of oxen, two cows, and two hogs- that the oxen he exchanged for another yoke of oxen and that he a number of times exchanged, and sold and bought oxen until about two years ago he bought a yoke of oxen and agreed to pay for them in pipe staves- that he failed to make the payment and the oxen were taken back- that the said cows he either kept or exchanged and took other cows until about 3 years since one of the cows was killed by the falling of a tree- and this Declarant can not recollect that he had any other property on the 18th day of March 1818, than that above set forth in the schedule and immediately above.

This Declarant indebted to Dr. Ambrose Smith of Sweden Monroe County about $21 for medicine and medical attendance for his family- to Dr. Solomon B. Finlay of Greece in said County about $10 or $12 for medicine and medical attention to this Declarant's family- to Dr. John B. Elliott of said County of Monroe about $17 for medical services to Horace Gay of Gates in said County, attorney at law about $50- for Law business and services done for the Declarant in a Lawsuit with one Jeremiah Smith.
John Burt

Sworn and subscribed to in open Court the Day and Year first above written.
William Groves Clerk} M. Chapin First Judge
James Smith 
Saml Castle} Judges

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John Burt    21302



Nathaniel Bacon
agent
Rochester
Monroe Co.
N. Y.

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State of New York
Monroe County

I William Groves clerk of said county of Monroe do certify that it appears to the satisfaction of the court that the said John Burt did serve in the Revolutionary War as states in the preceding declaration, against the common enemy for the term of nine months, under one (indeterminable text). Next, on the continental establishment, I also certify, that the foregoing oath and fee schedule hereto annexed are truly copied from the records of the said court: and I do further certify that it is the opinion of the said court, that the total amount in value of the property exhibits in the aforesaid schedule is twenty one dollars and eighty three cents 

In testimony whereof, I have hereunto set my hand and affixed the seal of the said court, on this twenty third day of March 1830

Wm Groves Clerk of 
Monroe County Courts

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Eunice Burt
Pension Claims

W Burlingham
Attorney Holland 
Erie Co, N.Y.

Edwards & Smith
Agents for Atty.

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State of New York
Allegany County } ss.
On this 28th day of August one thousand eight hundred and fifty one, personally appeared, before the Supreme Court of the State of New York holden in the aforesaid County, Eunice Burt a resident of Cuba in the County of Allegany, aged seventy five years, who being 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 the 29th day of July 1848, that she is the widow of John Burt, deceased, who was a revolutionary pensioner at the rate of $46.66 per year, his certificate bearing date the 23d day of September 1833.
She further declare that she was married to the said John Burt, on the 28th day of September in the year seventeen hundred and ninety eight, that her husband the aforesaid John Burt, died on the twentieth day of February, eighteen hundred and forty two: that she was not married to him prior to his leaving the service but the marriage took place previous to the second of January eighteen hundred, viz at the time above stated. She further swears that she is now a widow and that she has never before made any application for a pension.
She also further declares that the annexed leaves are from the original family record of said John and Eunice Burt of which she has had the possession for the last six years that they were taken by

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her from said family record and that it is in the handwriting of Richard J. Burt.
Eunice Burt

Sworn to and subscribed before the Court, the day and year above written, and the Court do hereby certify that the annexed record was cut from the family Bible of said John and Eunice Burt in their presence by the said Eunice Burt.
Seth Esau
Justice of the Supreme Court presiding in the Court above mentioned

State of New York
Allegany County Clerks Office}
I John J. Rockafellow Clerk of said County and of the Courts thereof, do hereby certify that the foregoing contains the original proceedings of the Supreme Court of the State of New York now holden in the aforesaid County, in the matter of the application of Eunice Burt for apension.
In testimony whereof I have hereunto set my hand and seal of office this 28th day of August 1851.
John J. Rockafellow Clerk

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Family record
BIRTHS
John Burt was born in the town of Canterbury County of Windsor Connecticut State in the year of our Lord one thousand seven hundred and sixty two on the twentieth day of January.

Eunice Burt was born in Stephentown in the County of Reasaler State of New York on the twenty second day of June in the year of our Lord one thousand seven hundred and seventy six.

Richard John Burt a child and son of John and Eunice was born on the twenty fifth day of November in the year of our Lord one thousand eight hundred four.

John Seymour Burt a child and son of John and Eunice Burt was born on the twenty eight day of May in the year of our Lord one thousand eight hundred and seven.

Janet Burt child and daughter of John and Eunice Burt was born on the twenty fifth day of May one thousand eight hundred and ten.

Esther Burt a child and daughter of John and Eunice Burt was born on the fifteenth day of August one thousand eight hundred and twelve.

the four above was born in the town of Rome

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Family Record
MARRIAGES

John & Eunice Burt was married on the twenty eighth day of September in the year of our Lord one thousand seven hundred and ninety eight in the town of Rome Oneida County State of New York

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Family Record
BIRTHS

Silvenas Chapman Burt a child and son of John and Eunice Burt was born on the twenty fifth day of July one thousand eight hundred fifteen in the town of Sweden Genesee County State of New York.

Harriet Burt a child and daughter of John and Eunice Burt was born on the fifth day of October one thousand eight hundred and eighteen.

Charles Henry Burt a son and youngest of the family of John and Eunice Burt was born on the sixth day of June one thousand eight hundred and twenty two in the town of Ogden in Monroe County NY

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Family Record
DEATHS

John Burt died in the State of Michigan on the twentyeth day of February in the year of our Lord one thousand eight hundred and forty two, aged eighty years old.

John Lyman Burt died on the 3d day of April 1841.

Silvanus Chapman Burt died on the 12th day of July 1841.

Both died in the town of Cuba, Allegany County, State of New York

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No 18234
John Burt Allegany County
New York

admd


93.33
23.33
------
116.66

Danl Raymond Cuba Allegany County
New York

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WAR DEPARTMENT
Pension Office
                                    183

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 regulations will show 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 Burt Allegany County New York

Period when the service was rendered: Sub Dec 1780
Duration of the claimant's service: 2 months
Rank of the claimant: private
Names and Rank of the Company officers under whom he served: Capt Burges
Names and Rank of the General and Field officers: Gl. Spencer, Col. Johnson
Battles in which the applicant was engaged:
Country through which he marched: marched to Providence, marched to Stratford and New Haven to Horseneck & to White Plains West Point to New London
Place of abode when he entered the service, and age at the present period: 69 years, Canterbury Connecticut
Evidence by which the declaration is supported: traditionary evidence, clergyman &c witness certified credible- one living witness not certified credible- papers not properly attached

Period when the service was rendered: Enlisted 1 March 1781
Duration of the claimant's service: 1 year
Rank of claimant: private
Names and Rank of the Company officers under whom he served: Cap. Roberson
Names and Rank of the General and Field officers: Col. Mc Laumies

Period when the service was rendered: Vol- Sept 1782
Duration of the claimant's service: 4 days
Rank of the claimant: private
Names and Rank of the Company officers under whom he served: Capt. Bacon


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 this 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 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, nave, &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 the applicants, making such declaration, cannot be found, they will produce such proof as the rule given on not (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 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 that C. D., who has 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 alleged service, as they are known at the Department. A very full account of he services of each person

Page 25

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 int he Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and 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 live now?
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 service.
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 are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of you services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodies 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 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 by reason of 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 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 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 services I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant serviced, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for a pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officer, and other particulars respecting their service; 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 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 interrogatories must all be written, and sent to the War Department, with the declaration.

Page 26

WAR DEPARTMENT
REVOLUTIONARY CLAIM
I certify that, in conformity with the law of the United States of the 7th June, 1832, John Burt of the State of New York who was a private in the Revolutionary army is entitled to receive Forty six dollars and sixty six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 23 day of September one thousand eight hundred and thirty three.
Lew Coss
Secretary of War

Examined and Countersigned{
J L Edwards
Commissioner of Pensions

Page 27

Payment to be made
New York
[unk]
Agent for paying Pensioners, in the Agency of New York.

Recorded in the Pension Office, in Book E, Vol. 4, Page 48 by Go. C. Stiles
Clerk




BURT, JOHN

Page 28

REJECTED
1509
P. O. John Burt
Service:

Enlisted:                         , 18
Discharged:                   , 18

Application filed                        , 18

Alleges:


Re-enlisted:


Attorney:
P. O.

----------Recognized. ----------- Contract
-------Cert. of Dis.  Searched for -------, 18

Page 29

Revy WIDOW, &c.
File No. 3653
Eunice Burt
Widow
John Burt
Pvt. Rev. War

Act: July 29, 1848
Index:- Vol. A, Page 100
[Arrangement of 1870]

Page 30

960
Eunice Burt
N. Y.
Lt. Edwards & Smith
Jany 21/51
Let same mo. 24/51

July 29, 1848

Page 31

21302
John Burt
Monroe County
New York
act 18 March 1818

Rejected 25 May
1830 see letter to
Nathl Bacon Esq
1509

Page 32

Apl/ 3
In at
W. Bondone


James L. Edwards Esquire
Commissioner of Pensions
War Department
City of Washington

Page 33

Mechs & Farmers Bank
Albany Pension Agency
March 27, 1837

James L. Edwards Esquire
Commissioner of Pensions
Sir,
In reply to your several letters of the 18th, 20thm 21st, & 22d inst., I have to state that the following names Pensioners are paid to the 4th of Sept. 1836 viz.
+ David Wright under act of March 18, 1818
+ Abner Baker ---- ----- June 7, 1832
John Burt -------------- " ----------
Peter Prindle -------------- " " ---------
And the following named Pensions have been paid to the 4th of March 1837, viz
+ Isaac Braman---- Invalid
+ Eldad Kellogg- act of March 18, 1818
I am Sir, very respectfully your obt servt
Tho. M. Olcott
Priv. & [unk]

Page 34

Hon. James L. Edwards
Washington

Page 35

Rochester 18th May 1830
Sir-
I send you the papers in the case of John Burt a revolutionary soldier, who is an applicant for a pension. An affidavit of Mr. Thomson, taken some years ago is also sent. The causes of this delay arises from the neglect of Mr. Jones, the attorney first employed by Mr. Burt. He kept the papers until near the time of his death, and Burt supposed they had been already forwarded to the Department. After the papers were handed to me, great delay was caused by the difficulty in obtaining the affidavits of the creditors of Burt; they were scattered over a great extent of the county, and Burt, who is old, had difficulty in procuring them at all. We have also waited to procure the affidavit of a soldier, who served with Burt in the army, but have been unable to do so. We sent the papers as they are. I trust they will be satisfactory.
I am very respectfully, your obdt. servt.
Nathaniel Bacon

James L. Edwards Esquire

Page 36

feb. 7, 1842
J W Evans


James L Edwards Esquire
Commissioner of Pensions
War Dept
Washington City

Page 37

MECHANICS' & FARMERS' BANK
Albany Pension Agency
February 1st 1842

James L. Edwards, Esquire
Commissioner of Pensions
Sir, 
In reply to your letter of the 24th ulto I have to state, that John Burt a Pensioner under the Act of  7 June 1832 at 46 66/100 Dollars per annum was last paid to the 4 day of September 1841.
I am, Sir, very respectfully, your obt. servt.
Tho. M. Olcott
PRES'T AND PENSION AGENT

Page 38

J W Evand
Dec 11

J. L. Edwards Esq
Commissioner of Pension
City of Washington

Page 39

Bank of Michigan
Detroit Dec. 1, 1837

J. L. Edwards Esq
Commissioner of Pensions
Sir
In reply to your favor of the 16th ulto I have to say that John Burt has been paid up to the 4th March last, at this office.
I am Sir respectfully yours
E. P. Hastings
Pension Agt.

Page 40

Washington 17 Sept 1857
Sir,
Enclose we send in pursuance of your directions of the 21 July last, an amended declaration of Eunice Burt widow pf John Burt a revolutionary pensioner, which declaration was duly made before a Court of Record & also the family record showing the marriage & death of the soldier, as required. Please report to me.
Very respectfully,
Edwards Smith

J E Heath Esq
Com Pens

Page 41

Holland April 18th 1853

Sir

I send you additional proof to the pension claim of Mrs. Eunice Burt. said claim was filed by Edward B Smith for me as they were then acting with me in prosecuting claims. and as the firm is now discontinued you will please direct all communications relating to said claim to me.
Please by particular that the account parrying proof is properly filed with the claim
Very Respectfully Yours
W Burlingham

Hon. L. P. Waldo
Comm. of Pensions
Washington D.C.

Note: I do not remember the date that the claim was filed but it was survived about the precise date that the claim was filed. Mr. Simeon Smith, will inform you

W. B.

Page 42

Eunice Burt
widow of John
New York
Act July 29, 1848
admitted
at $40 66/100 per annum


Certificate to claimant

Agent
W. Burlingham
Holland 
Erie Co
N.Y.

Page 43

Brief in the case of Eunice Burt, widow pf John Burt
Allegany County and State of New York
act July 29, 1848

Claim, ("original")
John Burt of same co was pensioner under the act of June 7, 1832 at $46 66/100 per annum

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
marriage Sept 28, 1798- proved by Record and Parol
Identity proved by parol- sustained by Record and circumstances.

(If for increase)
Has additional evidence been filed since the admission of the claim? If so, what?

S. G. Dodge
Examining Clerk

Names and residence of Agent
W. Burlingham
Holland
Erie Co N.Y.

Page 44

Monroe County ss. John Burt of said County being duly sworn deposes and says that Jonathan Thomson whose affidavit is herewith sent, died in the winter after the said affidavit was taken: That Richard C. Jones the attorney who drew the said affidavit is also dead; That this deponent was with said Thompson when said Jones drew the said affidavit, and that both this deponent and Thompson could not then tell in what year or years, this deponent served in the army. Nor did they or either of them pretend to tell  in what year or years they served, but both stated to said Jones that it was the year after Arnold sold West Point, and that deponent cannot give any reason why said Jones inserted any date, to the service of this deponent, that no date was given to said Jones.
John Burt
Sworn before me the 17th day of May 1830.
M. Chapin
First Judge of Monroe Co. N.Y.
& Justice of the Peace

State of New York
Monroe County ss.} I William Groves Clerk of Monroe County do certify that Moses Chapin was at the date of the above affidavit first Judge if Monroe County. That I am well acquainted with his hand writing and verily believe that the signature "M. Chapin" is in his proper hand writing.
In testimony whereof I have hereto set my hand and affixed the seal of the said County the twentieth day of May in the year one thousand eight hundred and thirty.
Wm Groves Clerk

Page 45

State of New York
Monroe County} ss. Arsahel Tyler of the County of Portage & State of Ohio being now in Rochester in said County being duly sworn depose and says that he knew John Burt of the said County of Monroe, in the revolutionary war- that he lived in the town of Canterbury in the State of Connecticut- that he lived within half a mile of the said John Burton for more than fourteen years and that he was a playmate when a boy, of the said John Burt, and knew from common report that the said John Burt enlisted in the revolutionary army and served as a soldier- that he know that the said John Burt left the town and was absent, as this deponent thinks for more than a year- that during that time he often heard very frequently of him when he was in the army at New London in the State of Connecticut, and that he always understood from his neighbors, and had no doubt himself but that the said John Burt was then serving and did serve for more than a year as a soldier in the revolutionary army.
Asahel Tyler

Sworn & subscribed before me the 23 September 1829.
M. Chapin
First Judge if Monroe Co N.Y.

Page 46

John BUrt
Pensioner

Page 47

State of New York
 Monroe County ss:
Jonathan Thompson of the Town of Gates in said County being duly sworn saith that he was acquainted with John Burt one year during the Revolutionary War while he served in the company of Captain Cleveland in the years 1778-78. That he this deponent served with him in said Company during said time. That he served under Colo. Malcolm commandant at West Point. That he was knowing to his being in actual service in the war for at least one year as a soldier. That he was with him at the time he broke his wrist and that they were then marching from West Point to New London. That it was very badly fractured and further saith not.
Jonathan Thompson
Sworn before me this 13th day of October 1826}
T. Childs Judge of Monroe Co Court

Page 48

In the matter
of
John Burt
---
Afft of Thompson

Page 49

Monroe County ⎬

Solomon B. Findley being duly sworn depose and says that John Burt is justly indebted to this deponent in the sum of fourteen dollars and twenty seven cents for medical aid and medicine. 

Solomon B Findley
Sworn before me the 13 day of January 1830

Mirtillo Warner
Justice of the peace ⎬

Monroe County Horace Gay Attorney at Law of the Village of Rochester in said County
being duly sworn deposes and says that John Burt of said County, who is an applicant for a pension, is indebted to this deponent in the sum of about Sixty dollars for legal services and business done for the said John Burt
in the defence and prosecution of law suits for the said John Burt
Horance Gay
Sworn & subscribed before me
January 16 -1830
William Bishop Justice of the peace

Page 50

Con fees $13,83
38 5 miles
14.21
7
1947
3
2984
497
3481
47.31
14.2
1943
29841
497
811
23
Elliott
Bill Mill

Page 51

I, John Elliott affirm that John Burt
in the town of Greese & County of Monroe state of N York is indebted to me to the amount of seventeen Dollars thirty one bits, for medical services bestowed upon his family
Brockport December 2, 1829 John B Elliott
2d day of Decr 1829
Chauncy Staples J R
---
Town of Swed
County of Monroe
Dec. 30 1829
then came before me the under named
Justice of the Peace and after being duly sworn
Slepeth & saith that he holds a note against John Burt who resides in the town of Erie in County of 
Eighteen Dollars and interest which Debt is honesty & Justly due him the
said Despondent for practice of Medicine
Subscribed & sworn
this day of Dec 11 29
before
Ambrose Smith
Joseph Randall

Page 52

John Burt
Affidavits-

Page 53

State of New York ⎬
Monroe County ⎬

James S. Wibert of said County being duly sworn
deposes & says that he has been acquainted with John Burt of said County, an applicant for a pension, for about three years-- that he knows him to be in very low circumstances as to property-- that he has long been poor so far as this deponent knew and has since he had been obliged to earn his living by laboring by the day, and that he has never known of his owning any land-- and that he has always been called
and has been a sober, temperate and industrious man-- and further that he knows that his son Lyman has been sick for about a year

James S Wibirt

Sworn & subscribed before me the 
14 November 1829
M. Chapin
First Judge of Monroe County


State of New York
Monroe County

I Williams Grove Clerk of the County of Monroe do certify that Moses Chapin before whom the foregoing affidavits of Abel Tyler & James S. Wibirt were at the respective dates thereof first Judge of the County of Monroe - and I do further certify that Timothy Childs before whom the annexed affidavit of Jonathan Thompson was taken was at the date thereof one of the Judges of the Monroe County Courts-- and I do further certify that Mistill Warner before whom the
annexed affidavit of Solomon B. Findley was taken was at the date thereof, a justice of the peace of said County of Monroe, and also that William S. Bishop before whom the annexed affidavit of Horace Gay was taken was at the date there of a justice of the peace in & for the said County of Monroe and I do further certify that Chancey Staples before whom the annexed affidavit of John B. Elliott was taken was at the 
date thereof a Justice of the peace in & for the said County of Monroe and I do further certify that Joseph Randall before whom
the annexed affidavit of Ambrose Smith was taken was at the

Page 54

date thereof a Justice of the peace in & for the said County of Monroe - and I do further certify that I am acquainted with the handwriting of the said Moses Chapin, Timothy Childs,
Mirtillo Warner, William S. Bishop, Chauncey Staples, and Joseph Randall respectively and verily believe that their respective signatures
subscribed to the parts of the foregoing affidavit are the proper hand writings of the said Moses Chapin, Timothy Childs, Mirtillo Warner, William S. Bishop, Chauncey Staples, and Joseph Randall
In testimony whereof I have hereto subscribed my hand and affixed the seal of the said County the 23d day of March in the year one thousand eight hundred
and thirty
Wm Groves Clerk of
Monroe County Courts

Page 55

County of Wayne

On this 6th day of March 1837
before me, the Subscriber a Justice of the Peace
for the area County of Wayne personally
appeared John Burt a Revolutionary
Pensioner of the United States who on his
Oath declares that he is the same person
who formerly belonged to the company
commanded by Captain Abner Robinson
in the Regiment commanded by Colonel
McClellan in the service of the United States
that his name was placed on the pension roll
of the State of New York from whence he
has lately removed; that he now resides
in the State of Michigan where he intends
to remain and wishes his pension to be there
payable in future. The following and his
reasons for removing from the State of
New York to Michigan (viz) he has
Children living in Michigan & he wishes
to be with his Children

Sworn and Subscribed to before me
the day & year aforesaid
J W Strong
John Burt

State of Michigan
County of Wayne ⎬ 
On the 6th day of March 1837
before me the subscriber a Justice of the Peace
for said County Personally appeared John
Jacob Snider who on his oath declares that
John Burt is the identical person named in
an Original Certificate of Pension in his
possession from the War Department and is also
the same person who has sworn to and subscribed the above Affidafit.

Sworn to and subscribed before me ⎬
the day and year aforesaid
Jacob Snyder
J W Strong P.W.C.M

Page 56

County of Wayne
I do hereby certify that Jacob Snider the witness a foresaid is a person of truth and
veracity. March 6. 1837.
J W Strong 

State of Michigan
County of Wayne
I Theos E Tallman
Clerk of the County of Wayne County, certify
that J. W. Strong is a Magistrate as
above, and that the foregoing signature
purporting to be his is genuine.
In testimony whereof I have hereunto affixed
my name and Seal of Office
this 6th day of March in
the year 1837-
Theos E. Tallman
County Clerk

Page 57

Detroit March 6th 1837
Sir
I herewith enclose you the application of John Burt for transfer, you will please make known the result to me.
Very respectfully
Your Obt Servt
Ellis Doty

J L Edwards Esqr
Com of Pensions

Page 58

Nov 15
J L Edwards Esqu
Commissioner of Pensions
City of Washington
Rushford NY
Nov 18

Page 59

Rushford Allegany Co. N.Y. 6th Nov 1837

Dear Sir
sometime in the month of March last
I wrote to you to have my Pension transferred
from Albany to Michigan to
be drawn their as I had taken up my
residence in that section of Country but
in consequence of ill health and inflammation
in my Eyes I left Michigan in the month
of June last and have returned and
to the County above mentioned and pray
you to transfer my Pension from Michigan to Albany again.
Please direct your letter to
Cuba Allegany County N York
J.L. Edwards Esq
Verry Respectfully your Obt Sert
John Burt
---
PS my Pension papers were made out and sent to Albany but could not be drawn in consequence of my being transferred to Michigan your of J. Burt

Allegany County 
John Burt being duly sworn depose that he has not drawn his pension in Mich since the 4th of March 1837.

Subscribed and [illegible]
me this 6th day of Nov 1837.
John Burt
B F Hapgood J Peace

Page 60

W Evans
Jan 10
Angelica Jan 2 N.Y.
J.L. Edwards Esqu
Commissioner of Pensions
Washington
Free

Page 61

APPLICATION FOR A TRANSFER.


County of Allegany
On this 15th day of December 1837, before me, the subscriber, a Justice of the Peace for the said County of Allegany personally appeared John Burt who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain Abner Roberson in the Regiment commanded by Colonel McClanin in the service of the United States; that his name was placed on the pension roll of the State of Michigan from whence he has lately removed; that he now resides in the State (District,
or Territory,) of New York where he intends to
remain, and wishes his pension to be there payable, in future. The follow are his reasons for removing from Michigan to New York
in consequence of ill health and
being inflicted with inflammation in the eyes was induced to return to the County and state aforesaid
John Burt

Sworn and subscribed to before me,
the day and year aforesaid.
A Ryen Justice

The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or
Notary Public, as the case may be, and that the signature purporting to be his is genuine.

The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.

In every case where the Clerk of the Court, or other certifying officer, has no public seal of office, the certificate of a member of Congress, proving the official character and signature of the certifying officer, should be sent with 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 which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small 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

Page 62

County of Allegany

On this 15th day of December 1837 before me the subscriber a Justice of the Peace for the said County of Allegany personally appeared Joel Griffin who on his oath declares that John Burt named in the before mentioned affidavit on the opposite side of this sheet is the identical person
described in the aforesaid affidavit

Sworn and subscribed to before me the day and year aforesaid
Joel Griffin

A Ryen Justice of the Peace
I certify that the above named witness Joel Griffin
is a man of truth and veracity
A Ryen

Page 63

State of New York
Allegany County
Clerks Office

I Judson W Sherman Clerk of said County
do hereby certify that Abram J. Lyon before whom the foregoing affidavit purports have been from was at the date of the same one of the
Justices of the peace in and
for said County duly commissioned from and further that I am well acquainted with his handwriting & believe his name subscribed
thereto is genuine
Witness my hand and the Seal of said County
this 30th day of December
1837
J.W. Sherman
Clerk

Page 64

Jan 17 1842
 To John G. Spencer
Secretary of War Washington D.C.
Free
Plymouth Mich Jan 8
Pension Affairs

Page 65

APPLICATION FOR A TRANSFER.

County of Wayne
On this Twentieth day of December 1841, before me, the subscriber, a Justice of the Peace, for said of county of Wayne personally appeared John Burt who, on oath declares that he is the same person who formerly belonged to the company commanded by Captain Abner Robinson in the Regiment commanded by Colonel McClellen in the service of the United States; that his name was placed on the Pension Roll of the State of New York from whence he has lately removed; that he now resides in the State of Michigan, where he intends to remain, and wishes his Pension to be there payable in future. The following are his reasons for removing from the State of New York to the State of Michigan, viz:
he lost two sons in the State of New Yorke so he [illegible] to move to Michigan when he has a daughter living
John Burt


Sworn and subscribed to, before me.
the day and year aforesaid.
Wm N. Stevens,
Justice of the peace

OATH OF WITNESS.
STATE OF MICHIGAN,
County of Wayne
On the Twentieth day of December 1841, before me, the subscriber, a Justice of the Peace for said county, personally appeared Moses Allan who, on his oath declares, that
John Burt is the identical person named in an original Certificate of Pension in his possession from the War Department, and is also the same person who has sworn to, and subscribed the above affidavit.
Moses Allen
Sworn to and subscribed before me, the day and year aforesaid.
Wm N. Stevens
Justice of the peace

INSTRUCTIONS.
The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office.
The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.

The oath must be supported by the testimony of some respectable person, as to the Pensioner's identity. He must swear that the person who has taken the above
oath is the person described in the affidavit. The Magistrate must certify, that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed

Page 66

MAGISTRATE'S CERTIFICATE OF WITNESS.

STATE OF MICHIGAN.
County of Wayne

I do hereby certify that the witness aforesaid is a person of truth and veracity.
Wm N. Stevens Justice of the peace

I, Theo Williams, Clerk of the Court of Wayne County certify that William W. Stevens -- is a magistrate as above, and that the foregoing
signature purporting to be his is genuine.

In testimony whereof, I have hereunto affixed my Seal of Office, and subscribed my name, this Thirty first day of December in the year one thousand eight hundred
and forty one.

Theo. Williams Clk
per. G.F. May

Returns to be mailed to Plymouth,
Wayne County, Michigan

Page 67

Eunice Burt
Pension Claim
additional proof
Claims filed by
Edward & Smith, for me
W. Burlingham
Attorny Wolland
Erie Co. N.Y

Page 68

State of New York ⎬ ss
Oneida County

On this 2d day of April, A.D. one thousand
eight hundred and fifty three, personally
appeared before me a Justice of the Peace
within and for the County and State aforesaid H.C. Vogell, who being duly sworn according to law declares, that he is at present Pastor of the Baptist Church of Rome Oneida County N.Y. that he has searched the records of said Church and that he can find no record of the marriage of John and Eunice Burt amongst said records, that the records of said Church do not go back as far as the date of the marriage of said parties, which is reported to have been in Rome by Elder Burroughs, who is long since dead, & deponent has not found any record of marriages by Elder Burroughs
H.C. Vogell
Sworn to and subscribed before me the day and year above written.


State of New York,
ONEIDA COUNTY CLERK' S OFFICE,

I DO HEREBY CERTIFY, That Jay Hathaway
Esquire, whose name is subscribed to the annexed affidavit and thereof written, was, on the 2nd day of April 1853
a Justice of the Peace, in and for said County, and sworn and duly authorized. And
further, that I am well acquainted with the handwriting of such Justice, and verily believe
that the signature to the said affidavit
is genuine.

IN TESTIMONY WHEREOF, I have hereunto affixed the seal of the said County, and subscribed my name, this Fourth day of April 1953.
Richard Hulbert CLERK.

Page 69

State of New York ⎬ ss
Oneida County

On this 2d day of April, A.D. one thousand
eight hundred and fifty three, personally
appeared before me a Justice of the Peace
within and for the County and State aforesaid. H.C. Vogell, who being duly sworn according to law declares that he is at present Pastor of the Baptist Church of Rome Oneida County N.Y. that he has searched the records of said Church, and that he can find no record of the marriage of John and Eunice Burt amongst said records, that the records of said Church do not go back
as far as the date of the marriage of said
parties, which is reported to have been in Rome
by Elder Burroughs, who is long since dead, & deponent has not found any record of marriages by Elder Burroughs
H.C. Vogell
Sworn to and subscribed before me the day and
above written
Jay Hatheway
Justice Peace

Page 70

State of New York
Allegany County SS

On this 6th day of October one thousand
eight hundred and fifty-two, personally appeared
before me a Justice of the Peace within and for the County and State aforesaid Eunice Burt a resident of Cuba Allegany County New York, who being duly sworn according to law, declares that there is no other family record of John and Eunice Burt except the one sent to the Pension
office and further that they were married
by the Rev Amos. Burrows. pastor of the Baptist Church of Rome Oneida County N.Y. that the marriage took place on the 28th day
September 1798.

Eunice Burt
Sworn to and subscribed before me the
day and year above written
W. Hatch Justice of the Peace in & for Lee County

Page 71

STATE OF NEW YORK,
ALBANY COUNTY CLERKS OFFICE. S.S

I, John J. Rockafellow, Clerk of said County, and of the Courts thereof, do hereby certify, that W. Hatch Esq. whom the annexed Instrument in writing was proved or acknowledged, was, at the
time of taking such proof of acknowledgement, a Justice of the Peace in and for said County, duly elected sworn and authorized to take the same. And that I am well acquainted with his handwriting, and verily believe that the signature to said Certificate of proof or acknowledgment is genuine, and that said instrument is executed and acknowledged according to the Laws of
this State.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Angelica, in said county, this 7 day of Oct 1852.
John I Rockafellow Clerk of Allegany County

Page 72

State of New York ⎬ SS
County of Wyoming

On this 30th day of August A.D. one thousand
eight hundred and fifty-two personally appeared
before me a Justice of the Peace within and for
the County and State aforesaid Kenny Bouroughs
aged eighty one years a resident of Wyoming
County in the State of New York, who being duly
sworn according to law, declares, that he was well acquainted with John and Eunice Burt previous to the year eighteen hundred, that they were married and lived together as husband and wife previous to that date viz. 1800. that they were married by his father who was a Baptist minister a resident at the time, of Rome Oneida Co. N.Y. deponent further declares that he has no interest in the claim of the said Eunice Burt and was present and saw them married.
-
Kenny Burrows

Sworn to and subscribed before me the day and year above written. and I hereby certify that the said Kenny Bouroughs is a credible person, and that I believe him to be of the age above stated
David Filkins
Justice of the Peace

Page 73

X
STATE OF NEW YORK.
WYOMING COUNTY CLERK'S OFFICE

I CERTIFY, That David Filkins Esquire, was, at the date of the certificate of proof or acknowledgment of the annexed instrument in writing, a Justice of the Peace in and for said County, duly authorized to take
the same; that I am well acquainted with his hand writing, and verily believe that the
signature to said certificate is genuine; and that the annexed Instrument is executed
and acknowledged according to the laws of this State.

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of said County this 3rd day of September A.D.1852
Ransom B. Crippen
Clerk.

Page 74

SS
State of Wisconsin
Wolworth County
On this 13 day of December A.D. one thousand eight hundred and fifty-two personally appeared before me a Justice of the Peace within and for the County and State aforesaid, Jonathan Delap aged eighty nine years a resident of Wolworth County in the State of Wisconsin who being duly sworn according to law declares that he was well acquainted with John
and Eunice Burt, previous to the year eighteen hundred. That they then lived together as husband and wife and were so reputed in the neighborhood where they resided previous to that date viz 1800. deponent further declares that he has no interest in the claim of the said Eunice Burt.

Jonathan Delap his mark X

Sworn to and subscribed before me the day and year above written,
and I hereby certify the said Jonathan Delap is a credible person. and that I believe him to be of the age above stated.
Hollis Latham
Justice of the peace

State of Wisconsin
Walworth County J Wm H. Pettet Clerk of the Circuit Court
Walworth County hereby certify that I am well acquainted with the 
nature of Hollis Latham Esq whose name is subscribed to the above affidavit that he was at the time of taking the same a justice of the Peace within & for County duly authorized by law to take the same & his signature thereto is genuine. Given under my hand the Seal of the said Court at Elkhorn this 13th day December 1852
WH Pettet Clerk

Page 75

Eunice Burt
Pension Claim
additional proof
---
Claims filed by
Edward Smith, for me
W. Burlingham
Attorney Holland
Erie Co. N.Y.