Revolutionary War Pension and Bounty Land Warrant Application File S. 29676, Ebenezer Burnham, Mass.

SERVICE
Hass.
Durham, Obergeiger
NUMBER _____
NUMBER S. 29676
CONTENTS

1245:
Massachusetts
Ebenezer Burnham
of Ipswich in the State of Mass who was a Private in the Company commanded by Captain Little of the Regt commanded by Col Little in the Spas time for 9 Mos from 1775
Inscribed on the Roll of Mass at the rate of 30 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 th day of Octbr 1832 and sent William Ferson Gloucester Mass
Arrears to 4th of Sept 1832 $25- Pemi=ant. allowance ending 1 st Mar 33 - 15-
$60-
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by H. S. Blair Clerk Book D, Vol. 20 th . Page 39.

N o 2287. Ebenezer Burnham. Ipswich Mass.
Prat
9 Month
Adm LE
$30.
Wm of Felicia E Gloucester Mass

BRIEF in the case of  Ebenezer Burnham of the County of Essex  in the State of Massachusetts (Act 7 June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? bodily infirmity—  3. How old is he? 80 years  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.     In 1775 May 1 st — 8 — Private Col Little's Regt.   1 st Jan y 1776 — 1 — do Capt. Abraham Dodge   last service at the request of General Washington  
 5. In what battles was he engaged? none, but was guarding the baggage at the battle of Bunkerhill.  6. Where did he reside when he entered the service? Ipswich no written discharge  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? by living witnesses, the opinion of the Court, the Certificate of a clergyman and one other no written discharge  8. Are the papers defective as to form or authentication? and if so, in what respect? Regular— 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

228 Ebenezer Bingham

Commonwealth of Massachusetts Essex, Js.
On this eleventh day of August, 1832, personally appeared before the Hon. Daniel A. White, Judge of Probate of Wills, &c. for the County of Essex in the State of Massachusetts, Ebenezer Burnham, a resident of Gloucester in said County and State, aged eighty years (being unable to appear in Court by reason of bodily infirmity), 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 7 th 1832.
That he entered the service of the United States under the following named officers and served as herein stated
That he enlisted as a private on or about the 1 st day of May 1775 for eight months in Capt. Abraham Dodeses company in Col. Little's Reg t of Mass s militia, stationed at Prospect Hill near Boston; that he was drafted to take care of the baggage at the battle of Bunkerhill; that he served in said Company until the 1 st day of January 1776 when he was discharged, without receiving any written document therefor. That immediately on the expiration of said eight months service, at the request of General Washington, he continued to serve one month longer from said 1 st day of January 1776 to 1 st February, 1776 when his time expired and he returned home after nine months service.
That he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and declares that his name is not on the Pension roll of the agency of any State.
That he entered the said service by voluntary enlistment; that has no discharge, or documentary evidence.
That he was born in Ipswich in said County on the 3 d day of February, 1752; and has a record of his age made by his father. That he lived in said Gloucester when called into the service; that he has lived in said Gloucester since the Revolutionary war; and he now lives there.
That the late Joseph Story of Essex, who served at the same time in said Company, will testify to his positive knowledge of the applicants service: and that the Rev d Robert Crowell of Essex will certify, as to his character for veracity and belief of his Revolutionary service.
Ebenezer Burnham
Sworn to and subscribed, the day and year aforesaid
D A White Judge of Probate

We Robert Crowell, a Clergyman, residing in the town of Essex and Thomas Burnham and Aaron Eveleth residing in the same Essex hereby certify, that we are well acquainted with Ebenezer Burnham, who has subscribed and sworn to the above declaration; that we believe him to be 80 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.
Robert Crowell
Thomas Burnham
Aaron Eveleth
We Benjamin Burnham, aged years of Joseph Story, aged 74 years, both of Essex, State of Massachusetts, on oath testify, that I am well acquainted with EBENEZER BURNHAM, who has signed and sworn to the above declaration; and to my certain knowledge he served many months in Capt. Abraham Dodsge's company in 1775 as he has declared; and that Ebenezer Burnham, above named, is the identical person who served as above
Joseph Story
Commonwealth of Massachusetts Essex, ss.
On this fourteenth day of August, 1832, before me William Terson, Notary Public, by legal authority admitted and sworn and dwelling in Gloucester, personally came the above named Rev d . Robert Crowell, Thomas Burnham, Aaron Eveleth and Joseph Story, who subscribed and made oath to the above written statement; and I certify that said Burnham and Story are credible witnesses and their statement entitled to credit.
Witness my hand and Notarial Seal at Gloucester the day & year aforesaid
William Terson, Noty Public
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 Robert Crowell, who has signed the preceding certificate, is a Clergyman, resident in the town of Essex; and that Thomas Burnham, Aaron Eveleth and Joseph Story, who have signed the same are residents in S d . Essex; are credible persons; and that their statement is entitled to credit.

that they are credible persons; and that their statement is entitled to credit.
And the Court further certifies, that it appears to them, that the above named applicant is unable to appear in Court by reason of bodily infirmity.
D. H. Hill Judge of Probate
I Nathaniel Lord, junior, Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Burnham, for a Pension
In testimony whereof I have hereunto set my hand and Seal of Office, this fourteenth day of August, one thousand eight hundred and thirtytwo
Nath. Lord Jr.

29 676 Rev INVALID.
File No. 29,676
Ebenezer Burham
His Rev Mr
Act : June 7 th 82 nd
Index :—Vol. 2 , Page 98
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ebenezer Burnham —  which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes— VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes. VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes — XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes — XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes. XVI. ‡ Are the papers authenticated as the regulations direct? Yes. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes.
EXPLANATORY NOTES.
* QUERE V. 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.
† QUERE XIV.  Proof of Service.
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 claimants 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 affidavits must be properly authenticated, as above directed.
‡ QUERE XVI.  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 paper 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.