Revolutionary War Pension and Bounty Land Warrant Application File S. 16670, Samuel Burkes, N.C.

SERVICE
NUMBER
n.b.
Burkes, Samuel or Burks
S. 16670
carded
CONTENTS

Letter to Pensions 12 March 1840
Rev to Pen Agt 1. Sep 1840
To Missouri from 4 th Sep 1839. 25 Sep 1840. Notification to Pensioner. Her residence Madison County. Mo
Letter to B. A. Allen Esq Auditor 25 Nov. 1840
Paid at the Treasury under the Act of the 6 April 1838 from 4 Sep 1839 to 4 March 1840. Agt Notified 15 Dec 1840
Missouri 19014 West Tennessee
Samuel Burkes
of Butler Co in the State of Tennessee who was a private in the Company commanded by Captain Martin of the 20 th Reg t commanded by Col David in the W. Tennessee time for 13 months 14 days
Inscribed on the Roll of West Tennessee at the rate of 44 Dollars 44 Cents per annum to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 26 day of July 1833 and sent to H. H. J. H. Tucker  Missouri
Appears to the 4 th of March 88.88 Sem-ant. allowance ending Sept 22.22 $111.10
{ Revolutionary Claim, Act June 7, 1832.
Recorded by David Bays Clerk Book 6 Vol. 7 Page 72

5702
Sam: Buckner
from 1779 pirate 13 months 10 days $44.44/100.
5.
papers again returned 23/21/33.
Dec 17-
S.R. Buckner Murfreesboro Tenn
S. Buckner
1911.

5702
BRIEF in the case of Samuel Burkett County of Rutherford in the State of Tennessee (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? _____  3. How old is he? 68  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Sub. In 17 79 — 3 — private Gen. Capt. Salathiel Martin   Vol. some time after near 3 — " 1st N. Car. regt. Gen.   Subs. date not recollected — 3 — " Gillington Gen. Lincoln —   Sub. — 1 1/2 — " Capt. A. Bostwick Gen. Rutherford — Capt. P. Hampton   Sub. Vol. not stated ditto — " Col. Davidson — Col. Smith   " Capt. Lovell — Capt. M. Smith  
 5. In what battles was he engaged? Cowpens  6. Where did he reside when he entered the service? Surrey City N. Car.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? The declaration is not attached to the seal as required 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh
Examining Clerk.

APPLICATION FOR A TRANSFER.
County of Madison
ss.
On this fourteenth day of August, A.D. 183 6 , before me, the subscriber, a Justice of the Peace for the said County of Madison personally appeared Samuel Burkes who, on his oath, declares that he is the same person who formerly belonged to the company commanded by Captain Salathiel Martin in the Regiment commanded by Colonel Smith in the service of the United States; that his name was placed on the pension roll of the State of Tennessee from whence he has lately removed; that he now resides in the State ( District , or Territory, ) of Missouri where he intends to remain, and wishes his pension to be there payable, in future. The follow- ing are his reasons for removing from Tennessee to Missouri :—To acquire land for himself and family, at government prices
Witness William Burkes Samuel & Burkes
Sworn and subscribed to before me, } the day and year aforesaid. }
J. P. Pollard, JP
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.

State of Missouri Madison County } ss
I, Jesse A. Pollard, a Magistrate in the County above named do hereby testify, that I have the most satisfactory evidence as well from my own personal knowledge, as from the testimony of William Barnes, whom I know to be a person of veracity, that Samuel Barnes who has this day appeared before me to take the oath of identity is the person mentioned and described in the foregoing affidavit to which the said Samuel Barnes has affixed his marks. Given under my hand at the County aforesaid, this 14th day of August, A. D. 1840
Jesse A. Pollard Just Peace
State of Missouri } ss Madison County } ss
I, William M. Newberry, Clerk of the County Court of Madison County, State of Missouri, hereby certify, that Jesse A. Pollard is a Justice of the Peace in and for said County, duly commissioned and qualified, that his signature above written is genuine, and that full faith and credit are due to his official acts.
In Testimony, whereof I have hereunto set my hand and affixed the Seal of said Court, at office, in Fredericktown, this 15th day of August, A. D. 1840
Wm M. Newberry Clerk

5702.
Samuel Burke's Declaration for pension under act 1832

Declaration in order to obtain the benefit of the act of Congress, passed June 7 th 1832 -
State of Tennessee } Rutherford County } August Session 1832.
On this 23 rd day of August 1833 personally appeared in open court before the Wor- shipful, Henry Trott, Warner D. Cowan & James Mitchell Esqrs quorum justices of the court of pleas & quarter sessions of said County of Rutherford now sitting. Samuel Burke resident of said County of Rutherford and State of Tennessee, aged sixty eight years, who being first duly sworn accor- ding to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June the 7 th 1832 -
That he entered the service of the United States under the following named officers, and served as herein stated - That in the year 1779 to the best of his recollection, the day & the month he does not remember, in the County of Surrey State of North Carolina where he then lived, at the court house of Surrey, he entered the service in the Militia of North Carolina, as a substitute for one Daniel Weaver, for three months in the company commanded by Capt Salathiel Martin. Lieut Heeling Bradley was first Lieutenant in the first North Carolina Regiment, he does not remember the name of the Col who commanded - His Militia General was named Gillington - We marched into Wilkes county - Then Marched to Charlotte he thinks in Mecklenburg County - Then marched the main road to Charlestown South Carolina when we joined the continental troops comman- ded by Gen Lincoln - The other regular officers then whose names he recollects, were Col Lyttle Major Dixon & Nelson & Captains Lyttle & Campbell He was detached with others & put under the com- mand of Col Hayne as he now recollects the name, to go on an expedition to Ashley river on Ashley river, when the British were expected to attempt to cross, he was put under the command of Capt Sloane a militia officer.

The enemy attempted to cross, but were repulsed after an engagement with fire arms across the river. After which this Declarant went on to Charlestown & was returned to his company, when he was discharged by Capt Martin on the 24 th Day of March 1780, having served three months in the State of South Carolina. In removing some years afterwards from North to South Carolina he lost that discharge as also two others hereafter to be named, together with fifteen hundred Dollars of depreciated Continental money. Some short time after his discharge Charlestown was besieged & surrendered to the British, when there was, again, a call from North Carolina for three months militia or volunteers. This declarant then (he does not recollect the date) in Surry county volunteered for three months, in the company commanded by Capt Absalom Bostwick (he does not remember the regiment or who commanded it). They rendezvoused at Surry court house, then marched to Salisbury & joined General Rutherford a militia officer who had 1500 or 1600 troops under him at that place. Then marched near Ramsour's mill, where it was understood a number of Tories had collected, who were defeated by the mounted men that preceded us, marched back to Salisbury, thence to the Mouth of Rocky river, where Col Davidson with a detachment of horse defeated the Tories before we reached them. Then crossed Pied & went down on the East side opposite to the Cheraw hills where there was a British Garrison on drawing across the river & pursued them until we came to Lynchs creek, when a skirmish ensued & they fled again. We marched then towards Camden & fell in with the army commanded by General Gates in the piney woods, marched to Rangelys mills, the enemy then fled towards Camden, marched on until we came to a place called the Gun swamp, there met with the enemy who attacked the front of the army after they crossed the swamp & defeated us, we lay at the edge of the swamp that night & in the morning by light the British passed it & attacked our army & defeated us. After the militia had fled Major Col Lewis rallied about thirteen of them (declarant among the number) who stood about one hundred

yards in the rear, until Dr Kalb regulars grounded their arms, when they fled, the army was totally dispersed & every man took care of himself. This declarant having served near three months re- turned home - There being no place of rendezvous appointed he did not get any discharge. Afterward there was another call for men, he does not remember the date, he entered for three months in the county of Surry the militia company commanded by Capt Samuel Hampton, as a substitute for John Mc- Ardle, marched towards the south & joined Major Joseph McDowell & Col Davidson, went to the Grindle shoals on Pacolet river & joined there Gen Morgan & Col Washington, continental officers. Major McDowell commanded the North Carolina militia. The British moved upon us & we retreated up the river for about two days & nights until we reached the Cowpens, in which battle this de- clarant was - We retreated with near seven hundred prisoners, when this affiant returned home & af- terwards got his discharge from Capt Hampton which he has lost. The British pursued on after Morgan - The Tories were rising in every direction and this declarant was scouting after them under a volunteer capt named Lovellmount men he commanded. We then joined General Greens army in Guilford County - The battalion to which he belonged was commanded by Major Micajah Lewis - This Declarant was not in the battle of Guilford - his battalion was ordered to dismount & he was detached to take charge of the horses. After the battle he was discharged by his Capt for a six weeks tour. When he went home he again entered the service (he does not remember the time) for three months as subst- itute for Williamson Maho in the company commanded by Capt Minor Smith in the first regiment of General Rutherfords Brigade, com- manded by Col Smith, marched near to Wil- -mington & was in a skirmish with the British at the brick house, from which we were driven off, remained in the neighborhood several days when this declarant was in another skirmish under Capt Smith near the same brick house The enemy removed from Wilmington when de- clarant was sent home

Shortly after the surrender of Cornwallis, there being many Tories prowling about & skulking on the borders & in the swamps of North Carolina this Declarant volunteered in Surry as a state ranger under Capt. Allison Smith for twelve months to scour the country & defeat the designs of the Tories, in which service he was many months engaged, he does not recollect, the length of time precisely in which he was actually engaged in that service - but was a minute at all times held himself in readiness whenever called on. He never got a discharge from this, his Captain very shortly after the time was set moved off to South Carolina. He has no documentary evidence to the knowledge of his person whose testimony he can procure to testify to his services - According to the family account he was born in Prince Edward County in the State of Virginia on the 24 th of July 1764. He has no record of his age that he can refer to - & he knows of no register of his birth in existence. After the revolutionary war this declarant moved to Pendleton County, South Carolina, lived there about eighteen years then removed to Rutherford County in the State of Tennessee where he resided twenty four years - Went to Scott County Missouri, remained there about ten months thence to the State of Illinois where he lived about eighteen months, thence back to Rutherford Tennessee where he has last resided for about ten months, that he is known in the neighbourhood where he resides by George Jones, John Newman, Stephen White & Robert Miller who can testify as to his character & the veracity of their beliefs of his revolutionary services. 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 & subscribed the day & year first above written - J. Blagden, At.
Samuel his Barks mark
State of Tennessee Rutherford County We George Jones a clergyman, John Newman an invalid pensioner who lost his right arm at the capture of Savannah, Stephen White, Robert Miller residing in the neighbourhood of Savannah

State of Tennessee Rutherford County We George Jones a clergyman, John Newman an invalid pensioner who lost his right arm at the capture of Savannah, Stephen White, Robert Miller, Residing in the neighbourhood of Samuel Burkes in the County of Rutherford State of Tennessee, do hereby certify that we are well acquainted with said Samuel who has subscribed & sworn to the above declaration; that we believe him to be sixty eight years of age, that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution that we concur in that opinion
Sworn to & subscribed the day & year first above written. —
J. R. Laughlin, Clk.
George Jones John Newman Stephen White Robert Miller
And the said court do hereby certify their opinion after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, & served as he states. And the court further certifies that it appears to them that George Jones who has signed the preceding certificate is a clergyman resident in the County of Rutherford & that John Newman, Stephen White & Robert Miller, who have also signed the same, are also residents of said County & are credible persons & that their statement is entitled to credit.
H. Brott
W. Bowman
H. Mitchell
State of Tennessee Rutherford County I John R. Laughlin Clerk of the court of pleas & quarter sessions of said county of Rutherford, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Burkes for a pension. In testimony whereof I have hereunto set my hand & seal of office, this 23 rd day of August 1832 John R. Laughlin, Clk.

Samuel Bush
J. R. Rucker
J. H. Rucker
Murphyboro Tennessee

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 the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Samuel Burkes.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.      The time stated by the applicant as a state Ranger cannot be allowed. The time that he was in actual service will only be taken into consideration.   
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has 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 also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the 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 service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [j] 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 traditional 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.

Rev. & 1812 Wars Section
M.C.A. am
June 24, 1924
Mrs. Roscoe M. Packard 229 Austin St. West Newton, Mass.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S.15670, it appears that Samuel Burkes or Edward Burke was born in Prince William County, Virginia, July 24, 1764, and while living in Surry County, North Carolina, he enlisted and served in the North Carolina Militia as follows:
1779, 3 months in Captains Salathiel Martin and Sloane's Company. 1780, 3 months in Captain Absalom Bestwick's Company. 1780, 3 months in Captain Samuel Hampton's Company. 1781, 6 weeks in Captain Lovel's Company. 1781, 3 months in Captain Minor Smith's Company. 1781, 12 months in Captain Minor Smith's Company of Minute Men.
He was allowed pension on his application executed August 23, 1832, while living in Rutherford County, Tennessee. In 1840 he was living in Madison County, Missouri, with his family, whose names are not stated.
Respectfully,
Commissioner

16.670 INVALID.
File No. 16.670
Samuel Burkes
Pr. Rev War
Act: June 7 th 89
Index:—Vol. / , Page 53
[Arrangement of 1870.]
1922 Jan 19. History to Hon. Dr. W. Bryant 1922 Apr. 17. Hist. to F. A. Millspaugh Rev 1924 June 24. Hist. to Mrs. Roscoe M. Packard ms. A.

Declaration & affidavit of Samuel Burkes for pension -

State of Tennessee } Rutherford County }
Personally appeared before me
the undersigned a justice of the peace for the county of Rutherford & State aforesaid, Samuel Burkes who being duly sworn deposeth & sayeth, that by reason of old age & 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 - In the company commanded by Capt Martin & Sloan, he served as a militia man for three months - He served three months under Capt Bostick as a militia man - He served three months under Capt Samuel Hampton as a militia man - He served under Capt Love for forty two days as a volunteer militia man - under Capt Minor Smith he served for three months as a militia man - under Capt Minor Smith he served twelve months as a state ranger - In all he served to the best of his recollection & belief two years two months & fourteen days & for such service I claim a pension.
I & subscribing sworn to before me this 7 th day Jan. 1883
Samuel T. Burkes mark
Geo. A. Sublett S.P.
State of Tennessee } Rutherford County }
I hereby certify that George A. Sublett whose name appears to the foregoing affidavit, is & was at the time of signing the same an acting justice of the peace for the county of Rutherford & State aforesaid.

TREASURY DEPARTMENT,
Second Comptroller's Office,
December 11 th 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Samuel Butkes, — a Pensioner on the Roll of the Missouri Agency, at the rate of Forty four Dollars and forty four Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th March 1840.
Respectfully yours,
Wilson B. Harris Comptroller.
To the Commissioner of Pensions, Present.

Pension Office Nashville Tenn.
September 10 th 1840
Sir
Yours of the 1 st Inst requesting to be informed to what time Samuel Burkes a Pensioner on the Roll of this Agency under the Act of 7 th June 1832 at 44 44 / 100 Dollars per annum was last paid; was received on the 9 th Inst
He has been paid to the 4 th September 1839
very respectfully
Your O bt Servant,
J. M. Smith
Fin: Agent.
J. L. Edwards Esq Commissioner of Pensions Washington City

Fred Town N o 3 Feby 16. 1840
25
Genl R. Poinsett Esq
Secretary of War
Washington City
Mar 03
Mr. [unclear]
Andrew [unclear]
March 10. 40
18112
Smith

Fred. Town, Madison County Missouri, February 15th. 1840
Joel R. Poinsett Esq. Secretary of War. U.S.A.
Sir:
Under the law of the United States of 7th June 1832, I am a pensioner of said Government, and agreeably to my Certificate, dated 26th. July 1833, and numbered 19,014, I am entitled to the sum of Forty four Dollars & forty four cents, payable semi annually, 4th of March & 4th Sept every year -
My name is enrolled on the Agency at Nashville Tennessee, where I have heretofore drawn my Pension - but having, since the last payment to me in Sept. 1839, removed to the County of Madison in the State of Missouri, where I have permanently settled, I have to request You to Change the Agency from Nashville to St. Louis Missouri, the latter place being convenient to me, and the former agency being too distant to draw with any convenience whatever - The change can be effected at so little inconvenience to the War Department, that I feel confident my request will not be denied me -
I hope I shall soon be gratified with the intelligence, that the payments in future will be made to me at St. Louis Missouri
Very respectfully,
Samuel. Burkes
Secretary War Washington City

Amended declaration of Samuel Burkes in order to obtain the benefit of the act of Congress passed June the 7 th 1832
State of Tennessee Rutherford County, ss August Session 1833
On this 25 th day of May 1833 personally appeared in open court before the worthy and judicious Henry D Garrison Warner D Lowan & George A Sublett Esq rs
justices of the court of pleas & quarter sessions of said County of Rutherford now sitting, Samuel Burkes who being first  made oath duly sworn according to law, doth on his oath state & declare, that he is the same person who made a declaration in the County court of Rutherford on the 23 rd day of August 1832 - & to which original declaration this amended one is attached. He states by reason of old age & the consequent loss of memory he cannot state 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 in the grades herein mentioned, That in the drafted militia company commanded by Capt. Nathaniel Martin, Leonard Reeling Bradley first Lieutenant & Joseph Gibson ensign, declarant entered the service in the year 1829 as a substitute for one Daniel Weaver. He was discharged the 24 th day of the month of March 1830. He does not recollect his rank was that of a private militia man. He served three years. The company belonged to the first regiment of North Carolina militia, he does not recollect the names of the field officers. The militia General was

named Sillington, the Continental Genl. Lincoln in this tour he was engaged in the battle at Ashley ferry & marched as stated in his original declaration Afterwards in the year 1780 about the last of May or first of June as near as he can recollect he entered the service in Surry County North Carolina, in the Volunteer militia company commanded by Capt. Absalom Bostick David Humphreys first Lieutenant, Henry Hardin Ensign, in the first regiment of North Carolina militia, com- manded by Col. Smith, He thinks Grimes was Lieutenant Col. perhaps Micyah Lewis & Joel Lewis were first & second Majors - Rutherford the Militia & Gates the con- tinental General, He was in this tour as well as in the first above stated, actually engaged three month's  as in no civil employment during that time, he served in the battle as a sergeant of the second grade in the Com- pany during the tour The other particulars of his service in the tour are stated in the first decla- ration - Afterwards he cannot certainly rec- lect the time, he entered the service again in the drafted militia company commanded by Capt. Samuel Hampton, (he does not recollect the names of the other company officers) as a substitute for Col. John M c Alley he entered & served as a private soldier for the term of three months actual service, in the field near Garrison, having no civil employment during any part of said time - The other particulars of his service are stated in his original declaration - After the Battle of the Cowpens declarant aided in escorting the prisoners into the State of Virginia, which was part of his service under Capt. Hampton - After this service was performed the time he cannot recollect he again entered the service as a private volunteer militia man in Surry County

State of North Carolina for a six weeks tour, with the volunteer militia company commanded by Capt David Love, does not remember the names of the other company officers in the battalion commanded by Major Mearajah Lewis. He does not know the names of the field officers & the other regimental officers - in this tour he was actually engaged in the service for one month & fifteen days, he was at no part of the time engaged in any civil pursuit, nor lying at home, but either marching or in camp always under arms - during that service our Major Lewis was killed in a skirmish with a picket guard of the enemy - The other particulars are in his original declaration - Again in Surry County the time he does not recollect, but thinks it was in 1781 near the close of the year, it may have been in 1782 he again entered the service as a private-substitute for one Williamson Males, for three months in the company commanded by Capt Minor Smith North Carolina drafted militia men, Lieutenant's name Samuel Hampton in the first regiment of General Rutherford's Brigade of mounted militia men, commanded by Col Smith - Locke Lieutenant tour to the best of his recollection he served three months of actual service, as a private soldier always being in the field or in camp & not being engaged in any civil pursuit during the time - He refers to his original declaration for the other particulars of his service.
This declarant cannot state with any sort of certainty the length of time he was actually

engaged in service as a state ranger He does not know that he can with certainty state any thing more on that subject than what is contained in his first declaration - Samuel B Burks Subscribed & sworn to in open Court May 25. 1833. John R. Laughlin, Clk.
State of Tennessee } Rutherford County } I John R. Laughlin Clerk of the court of pleas & quarter sessions of said county do hereby certify that the foregoing amended declaration of Samuel Burks was subscribed & sworn to in open court by the declarant this day of May 1833 - In testimony whereof I have hereunto set my hand & affixed the seal of my office this day of May 1833
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier & served as he states H. D. Garrison J.P. Seal V. D. Bowman J.P. Seal Geo. A. Tuttle J.P. Seal
State of Tennessee } Rutherford County } I, John R. Laughlin Clerk of the court of pleas & quarter sessions of said said County of Rutherford do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Samuel Burks for a pension In testimony whereof I have hereunto set my hand & seal of office this 25th. day of May 1833 - John R. Laughlin Clk.

MRS. ROSCOE MILLIKEN PACKARD 229 AUSTIN STREET WEST NEWTON, MASSACHUSETTS
May 22 1924
Commissioner of Pensions Washington D.C.
Will you please furnish me with whatever data your records show of the parentage, residence at enlistment, age, etc of
Samuel Burks who in 1840 was living with W m Burks in Dover Neck township Madison Co. Mo. This information is desired for genealogical work by a Burks descendant. Yours truly, (Mrs. R.M.) L. P. Packard

MAJORITY MEMBERS
MARTIN B. MADDEN, ILL., CHAIRMAN. CHARLES R. DAVIS, MINN. DANIEL R. ANTHONY, JR., KANS. WILLIAM S. VARE, PA. JOSEPH G. CANNON, ILL. C. BASCOM SLEMP, VA. SYDNEY ANDERSON, MINN. WILLIAM R. WOOD, IND. LOUIS C. CRAMTON, MICH. PATRICK H. KELLEY, MICH. EDWARD H. WASON, N. H. WALTER W. MAGEE, N. Y. GEORGE HOLDEN TINKHAM, MASS. BURTON L. FRENCH, IDAHO. JOHN A. ELSTON, CALIF. MILTON W. SHREVE, PA. CHARLES F. OGDEN, KY. WILLIAM H. STAFFORD, WIS. JAMES W. HUSTED, N. Y. ELIJAH C. HUTCHINSON, N. J. ROBERT E. EVANS, NEBR. L. J. DICKINSON, IOWA.
House of Representatives Committee on Appropriations Sixty-Seventh Congress Washington, D. C.
January 18, 1922
MINORITY MEMBERS
JOSEPH W. BYRNS, TENN. THOMAS U. SISSON, MISS. JAMES P. BUCHANAN, TEX. JAMES A. GALLIVAN, MASS. JAMES F. BYRNES, S. C. GORDON LEE, GA. BEN JOHNSON, KY. CHARLES D. CARTER, OKLA. EDWARD T. TAYLOR, COLO. WILLIAM B. OLIVER, ALA. THOMAS W. HARRISON, VA. ANTHONY J. GRIFFIN, N. Y.
MARCELLUS C. SHELD, CLERK.
Pension Commissioner,
Washington, D.C.
My dear sir:
Kindly furnish me with the pension record of Sammy Burks who served in the revolutionary war from South Carolina or Tennessee and oblige,
Yours very truly,

The Tennessee Society of the Sons of the American Revolution
ORGANIZED DECEMBER, 1889
PRESIDENT W. K. BOARDMAN NASHVILLE, TENN. VICE-PRESIDENT WM. LAWSON WILHOITE MEMPHIS, TENN. VICE-PRESIDENT C. K. HILL HARRIMAN, TENN. VICE-PRESIDENT J. C. RHEA PULASKI, TENN. EXECUTIVE COMMITTEE CHAS. S. MARTIN LELAND HUME J. TYREE FAIN
SECRETARY F. W. MILLSPAUGH NASHVILLE, TENN. TREASURER CAREY A. FOLK NASHVILLE, TENN. REGISTRAR JOHN C. BROWN NASHVILLE, TENN. CHAPLAIN REV. JAS. I. VANCE, D. D. NASHVILLE, TENN. SURGEON DR. PAUL DEWITT NASHVILLE, TENN.
Nashville, Tenn., April 13, 1922
Hon. Washington Gardner, Commissioner, Bureau of Pensions, Department of the Interior, Washington, D. C.
Dear Sir:-
Referring to your letter, attached, of Jan. 19, 1922, to Hon. Joseph W. Byrns, one of Samuel Burkes' descendants calls atten- tion to the fact that total service in the year 1781 no the enlistments amounts to 18 months and 3 weeks. Wont you kindly clear up this seeming discrep- ancy? Please return enclosure.
Yours truly,
There is that year service extended beyond F. W. Millspaugh
Secretary

aw
DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS
WASHINGTON
Jan. 19, 1922.
Hon. Joseph W. Byrns House of Representatives.
In re: Samuel Burkes- S. 18870, War of Revolution.
You are advised that from the papers in the above noted claim, it appears that Samuel Burkes, or Burks, was born in Prince William Co. Va. July 24, 1764, and while living in Surry Co. N. C. enlisted and served in the North Carolina Militia as follows:
Enl. after sur. of claim but compns but no pension Shanley of Enl Sur. of Co new
 1779, 3 months, in Capt. Salathiel Martin and Sloanes Co.  1780, 3 months, in Capt. Absalom Bostwick's Co.  1780, 3 months, in Capt. Samuel Hampton's Co.  1781, 6 weeks, in Capt. Lovel's Co.  1781, 3 months, in Capt. Minor Smith's Co.  1781, 12 months, in Capt. Minor Smith's Co. of Minute Men. 
He was allowed pension on his application executed Aug. 23, 1832, while living in Rutherford Co. Tenn. In 1840, he was living in Madison County, Mo. with his family whose names are not stated.
Very respectfully,
Washington Gardner
Commissioner.

Rev. War Section.
aw
April 17, 1923.
Mr. F. W. Willepough, Secretary of S. A. R. Nashville, Tenn.
Sir:
In response to your letter of the 13 th instant, relative to the military history of Samuel Burkes, or Burks, you are advised that from the papers in the claim, S. 16870, it appears that Samuel Burkes, or Burks was born in Prince Edmund County, Virginia, on July 24, 1764.
He stated that while living in Surry County, North Carolina, he served in the N. C. Militia as follows:
Enlisted in 1779 and served three months in Capt. Salathiel Martin and Capt. Sloane's Company, was an engagement at and was Ashley Ferry discharged March 24, 1780.
Shortly after the surrender of Charleston, S. C. (this took place May 12, 1780,) he volunteered in Capt. Absalom Boistwick's Company and served three months.
He then served for three months in Capt. Samuel Hampton's Company and was discharged after the battle of Cowpens, (which was on January 17, 1781)

He was then engaged in Capt. Lovell's Company for six weeks and was discharged after the battle of Guilford, ( which was on March 15, 1781, ) .
Upon his return home he entered Capt. Minor Smith's Company and served three months.
Shortly after the surrender of Cornwallis, ( which occurred Oct. 19, 1781) he volunteered in Capt. Minor Smith's Company of Minute Men for twelve months.
He was allowed pension on his application executed Aug. 23, 1832, while living in Rutherford Co. Tenn. In 1840 he was living in Madison Co. Mo. with his family whose names are not stated.
Very respectfully,
Washington Gardner
Commissioner.