Revolutionary War Pension and Bounty Land Warrant Application File R. 1459, John Burk, Penn.

SERVICE
NUMBER
Penn
Burk, John
R 1459
CONTENTS

York Pennsylvania
Nov. 20 th 1853.
Hon. L. P. Waldo
Comm: of Pensions
Sir
You will be pleased to allow my Agent Alexander Hoy, to examine the papers on file in your office, placed there by my deceased husband John Burke, when he applied for a pension under the act of 1832.
Very respectfully Your Obedient
Mary Burk + her mark Witness Caroline Braid

State of Pennsylvania York County } ss.
On this the 12 th day of March 1846, Personally appeared before me the subscriber a Justice of the Peace in and for said County John Burk of said County who being duly affirmed according to Law doth say that about three years ago his declaration made for the purpose of obtain- ing a pension from the United States was filed in the Pension Office at Washington, and that by a copy of a letter received from that Office within a few days he has only been informed of the decision made on his application - That one of the objections made to the validity of his claim for a pension was that he did not set forth in his declaration a detail of the service he rendered the names of his Officers & which seem to be required by a printed copy of rules placed by the proper Officer of pensions in the hands of Moses M c Lean the member of Congress from this District - That said letter informs this deponent that the militia Companies only served a period of two months at a time - This Affirmant knows that to be true, and that the different Companies in which he served as drummer were discharged at the end of two months -
This Affirmant further says that 2 About the months of September and October 1781 he served as drum- mer in the militia Company of Captain Thompson which Company was engaged guarding the prisoners kept at Lancaster - That after this Company left he served as drummer in the in the year 1781 in the Company of Captain Stake, he thinks 2 in the months of November and December - That during the winter months of January and February there were some regular troops quartered at Lancaster who acted as the guard to the prisoners, but that during the months of 2 March and April 1782. He was again in the Company of Captain Franciscus - That the fourth tour was in the Company 2 of Captain Glatz. He thinks this was in June and July 1782. The fifth tour under the same Officer in September and October 2 of the same year - He also performed another tour of two months 2 under Captain Weaver, and also one of two months in the spring 2 of 1783 under Captain Lewis Meyers - That the above as near as he can recollect is a detail of the service he rendered at Lancaster aforesaid, and that the said service of 18 months alleged in his declaration was not rendered at one continuous time but at two months at a time, and amounting to a period of about 18 months in all he believes - That he was not a Drafted Militia man although the Companies to which he attached himself were mostly militia Companies, but the

Service he performed was that of a volunteer - That in said letter it is contended that he could not have served either in the militia, or in the Pennsylvania line, and that he must have been hired - Then He further states, when he entered the service there was no contract of hiring between him and the Officers, that at that time musicians were very scarce owing to the fact that there were many recruiting stations through the country where musicians were required, and that several times when he heard that musicians were needed he voluntarily offered himself and was taken into the Company at the place of rendezvous, marched with the militia to Lancaster, and remained until the Company was discharged before he returned home -
Several times also the Officers called on him to beat the drum, and he did so until the term of service expired - He further states that in his declaration he alleged that he was born in 1770. When he gave this as the year of his birth he did it without proper consideration - That to the best of his belief he is two years older, having been born in 1768 a fact he is able to determine from the circumstance that his sister was reported 70 years of age last summer, and that he had three sisters and brothers born between him and his said sister, it having been a remarkable fact in the family that they and himself were all born two years apart -
He further says that he was at an early age of a physical capacity sufficient to enable him to perform service as a drummer - And that the accompanying testimony of Samuel Devoes whom he well knew when he was in service he had taken for the purpose of supporting his claim - And further that as an evidence of his physical ability at an early age to perform the duty of a drummer he states that several Officers of the regular Army who were at Lancaster during the latter part of the revolution, and among them a Captain Doyle and his brother (a Lieutenant he thinks) both of the regular service frequently requested him to enlist -
Affirmed and subscribed
Before me
James Adams
John Burk
The words "and himself" and "part" above interlined were made before the execution of the above affidavit -
James Adams

State of Pennsylvania York County ss.
I John R. Connell Prothonotary of the Court of Common Pleas in and for the said County do hereby certify that James Adams before named is, and at the time of the execution of the foregoing Affidavit was, an Acting justice of the Peace in and for the said County, And that the foregoing signatures purporting to be his are genuine -
In Testimony whereof I have hereunto set my Hand and affixed my seal of Office this 13 th day of March A. D. 1846 -
for John R. Connell Pro A. Gengenfritz CLK

declaration was made, and deposing was sworn, is and at the time of signing the same, was, the presiding Judge of the Court of Common Pleas aforesaid, Duly Commissioned & qualified; and that the foregoing signature, purporting to be his, is genuine.
In Testimony whereof I have hereunto set my hand & affixed the Seal of said Court March 6, 1843
W. Knapton Notary
14591
John Burke Penn a
aw 7 June 1852 original
1459
W.S. Allison
Brest
Mar 28, 43

State of Pennsylvania County of York {
Not Page 1
On the first day of March A.D. 1843 Personally appeared before me the subscriber (President Judge of the courts of common pleas of York & Adams Counties) John Buske a resident of said County aged 73 Years who being first duly Affirmed 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 volunteered at Lancaster in the state of Pennsylvania, to serve at Lancaster Barracks as a Drummer at that place to guard watch and serve the British Prisoners stationed there for safe keeping, and that he served at that place untill the close of the Revolutionary war from the Year 1780 untill the Prisoners were removed from that and that he served altogether eighteen Months in the army of the Revolution, That during his time of service at that place there were different Officers of the regular Army and Militia Officers who served at that place untill the close of the War and in Capt. Thompson and Geigers Company & Lt. Doffendoffers and a great many other officers who were stationed there at intervals during my term of service whose names I have forgotten That he hereby relinquishes every claim to a pension or Annuity except the present and declares his name is not on the Pension Roll of any agency in any State, and the reason he did not apply for a Pension before was that he could live without a Pension, That in the Year 1818 it was considered beggary to ask for a pension and remained so for several Years, that he is now old & feeble & has never troubled the pension Office untill in the present instance, He now respectfully asks a pension.

Given my testimony that the above is a true and correct statement of the facts of my service as a soldier of the Revolution.
We Michael Klingfeller George Klingfeller Residing in the Borough and County of York and State of Pennsylvania do hereby certify that we are well acquainted with John Burke who subscribed and swore to the foregoing declaration that we believe him to be Seventy Three Years of age that he is reputed in the neighbourhood where he resides to have been a Soldier in the Revolution and we concur in that Opinion Sworn and subscribed the day and year aforesaid — Michael Klingfeller before me D. Burke George Klingfeller.
And I do hereby declare my opinion after the investigation of the Matter and after perusing the interrogatories that are prescribed by the war department, that the above named applicant was a Revolutionary Soldier and served as he states and that it appears to me that Michael Klingfeller & George Klingfeller who has signed the preceding certificate are residents of the Borough and County of York are credible persons and their statement is entitled to credit, and I further certify that the above applicant is not able to appear in open court to make his declarations in consequence of Bodily infirmity. D. Burke

Question 1 Answer
Where and in what Year was you born I was born in Lancaster on the year 1770
Question 2
Have you any record of your age & if so where is it
Answer
I have no record of my age
Question 3
Where were you living when called into service where have you lived since the Revolutionary war, and where do you now live in York County Pennsylvania
Answer
I lived in Lancaster County during the Revolutionary war and since that period
I have lived in Baltimore M.D and now live in York Pa
Question 4 How were you called into service, were you drafted did you volunteer, or were you a substitute and if a substitute for whom
Answer I volunteered at Lancaster and served in that city under Capt. Thomson & others
Ques 5 th State the Names of some of the regular officers who were with the Troops where you served and such continental and Militia Regiments as you can recollect and the general circumstances of your service
Ans I knew Capt. Atty. Major Geiger & Capt. Dohaff Capt. Francis & Col. Hubley
Ques 6 th Did you ever receive a discharge from the service and if so by whom was it given and what has become of it
Ans
I never received any written discharge
I served from 1781 untill the close of the war
Ques 7 th State the Names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution
Ans
Henry Sanger, John Wagner, Chas. Metzler, Daniel Weiser Sam l R. Melish Joseph Schall and Thomas Schall

Can all testify to my character for veracity and truth and their belief of my services as a soldier of the Revolution affirmed to it subscribed this 8 th 4 day of March A.D. 1843 John Burk D. Darkee
Pennsylvania - York County, Feb: I William Ilgenfritz, Prothonotary of the Court of Common Pleas of said County, certify, that the Hon. Daniel Darkee, before whom the foregoing declaration was made, and deposition was taken, is, and at the time of signing the same, was, the President of said Court in and for said County, duly commissioned & qualified;
Pennsylvania - York County, Feb: I William Ilgenfritz, Prothonotary of the Court of Common Pleas of said County, certify, that the Hon. Daniel Darkee, before whom the foregoing declaration was made, and deposition was taken, is, and at the time of signing the same, was, the presiding Judge of the Court of Common Pleas aforesaid, duly commissioned & qualified; and that the foregoing signature, purporting to be his, is genuine.
In Testimony whereof I have hereunto set my hand & affixed the Seal of said Court March 8, 1843 W. Ilgenfritz Protho.
W.D. Hester Protho Mar 25 1843
1843 John Burk Protho at 7 June 1832 original

August 4, 1939.
Mrs. Alice E. Starner 443½ West College Avenue York, Pennsylvania.
BA-J/ILL John Burk R. 1459
Dear Madam:
Reference is made to your letter in which you request information in regard to John Burke, of York County, Pennsylvania, whose claim for pension was suspended under the Act of 1833.
The data which follow were obtained from the papers on file in pension claim, R. 1459, based upon service of John Burk in the Revolutionary War.
John Burk, (as he signed his name) was born in Lancaster, Pennsylvania; he gave the date of his birth as 1770 on an affidavit made in 1843, but on a subsequent affidavit in 1846, stated that he was born in 1768. He did not state the names of his parents.
While a resident of Lancaster County, Pennsylvania, he volunteered in the fall of 1781, as a drummer at the Lancaster Barracks and guarded the prisoners there at different times under Captains Stake, Thompson, Franciscus, Yeiger and others until the prisoners were removed from said barracks at the close of the war; he stated that his entire service amounted to eighteen months.
He resided after the period of the Revolutionary War in Baltimore, Maryland, and moved from there to York County, Pennsylvania.
John Burk applied March 4, 1843 for the pension which might have been due on account of his service in the Revolutionary War, at which time he resided in York County, Pennsylvania. His claim for pension was not allowed as the kind of service rendered by him was not provided for by the Act of Congress under which he applied.

Mary Burk, the widow of John Burk, resided in York, Pennsylvania, in 1853; the date and place of their marriage, her maiden name, and the date of John's death were not given. One Carolina Kidd was with said Mary Burk in 1853 when she (Mary Burk) made inquiry in regard to the papers which her deceased husband had filed when he made application for his pension; no relationship between Caroline Kidd and the family was stated.
In 1846, when John Burk made affidavit in regard to the date of his birth, he referred to his sister who was aged seventy years the previous summer (1845) but he did not state her name; he referred to sisters and brothers who were born between the time of his birth and that of this sister, but did not state any names.
Very truly yours,
G. H. SWEET, Acting Executive Assistant to the Administrator.

1459
RECEIVED
1737- Aug. 4 - Phila. to New Castle - 1737 - 1740
P. O.
John Bunn
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Rejected - Suspended Pensions - Page 207 - Shows reason for
charges: Suspension under Act of June 7-1882
Under age - a drummer for guard at Lancaster Barracks - aged 10 yrs in 1781.
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

left by Mr. Hough to W. B. W. S. Allum Apr 26. '43 Set to applicant Oct 8/45 " " Hon. Mr. N. C. lean Feb 26/46 copies of papers sent to same Mar 8/46.

No. 35,491
John Rusk Pa
Rejected
Set to Mr. S. Allison April 26. '43
" " Applicant Oct. 8. '45
" " Hon. Mr. McLean July 26. '46
Copies of papers sent to same March 7. '44
Set to same March 26. '46
act 7 June 1832

THIS SIDE OF CARD IS FOR ADDRESS
Veterans Administration Washington, D. C.

June 19, 1939
Gentlemen:
Will you kindly send me any available record you may have of John Burke of York County, Pennsylvania, a soldier of the Revolution, whose claim for pension under the Act of 1832 was suspended? Thank you.
Very truly yours
Alice E. Starner (Mrs.) Alice E. Starner 443 1/2 W. College Ave. York, Pennsylvania

Oct 4. 1845.
Mr. Oct 8. 1845.
Oct 6. 1845.
Recd of John. Dush
W. H. Edwards Esq. 50
Commission of Sewers Washington City D.C.

Sir
Baltimore Oct 4 th 1845
On or about two years since I made a declaration and statement of my services during the Revolutionary war to Obtain a United States Pension and sent them to the pension Office directed to Wm S Allinson formerly a Clerk in the pension Office who was my agent to and Attorney for me in the premises. The declaraton and was made at York Pa where I live & I have understood was the that some Objection has been made by against my claim to a pension according to Regulations of your Office. I am now in Baltimore and on the Expense waiting to receive your letter wishing your answer by return of mail as I am poor and on Expense. Will you please inform me whether my declaration as above has ever been presented to the pension Office if so are they in your Office and what is the Objection to granting me a pension I hope you will answer this letter by return of Mail And Oblige your humble Servt
Yours J. L. Edwards
{ John Burk
Rev. Soldier

Washington Feby. 21 st 1846 House of Representatives
Sir
Sometime ago about three years John Bunker of York Co. Penna. made an application for a Pension - His declar- ation was filed but never finally acted upon - A copy of the letter of the Depart- ment in reply to his application will no doubt inform me of the objections which exist to its allowance - Mr Bunker wishes to bring his case to a determination and I shall be obliged for a copy of said letter and any other information as to the present situation of his claim -
Very Respectfully
J. L. Garlands Esq. Comm ee of Pensions }
Moses M c Lean

Oct 8, 1895.
John Bunk

119 Penna Office. Oct 8 1895.
Sir,
The accompanying copy of a letter addressed to Mr S. Allison, Esq on the 26 th of April 1893, will show you the objection which exist to the admission of your claim,
To John Burk. of Pennsylvania now in Baltimore, Md.

Washington March 28 th 1846
N. L. Edwards Esq.
Dear Sir
Will you have the goodness to furnish me a copy of the declaration of John Bunk of York County, Penna, filed some three years ago in your Office - No copy of the declaration was retained and although the claim was disallowed according to the copy of the letter furnished me by you a few days ago - that was the first intimation he even had that his application was rejected, his Attorney having never informed him - He can give a clear detail of his services officers &c - and besides has testimony in his possession taken since the disallowance of his application which will place his right to a Pension beyond doubt -
Very Respectfully
Moses M c Lean

Pension Office
Feb 24. 1846
Sir,
In reply to your enquiry respecting John Burk, of York Co, Penn a , I have the honor to state that my letter to Mr. W. S. Allison dated April 26. 1843, a copy of which is herewith enclosed, will shew the decision of this Office in the case.
Wm. M. McLean H 2
35 491, pa, 32 rep

W. J. Allison
June 26. 1843

508/478 P Apr 21 43
Sir
The claim of John Burk now presented for the first time for an alleged service of 18 mo as drummer at the Lancaster Depot of prisoners commencing in 1787 when he was eleven years old has been examined & disallowed. His service of course could not have been in the United States whose term of service was limited to 12 months and as his name is not borne on the Drummers line it is evident that if he was a musician at the barracks he was not enlisted but hired. If enlisted his name would be found on the list and if hired he is not entitled. No evidence is adduced for such detail of the service afforded as the rules require. There was a fife in the P. Line named John Burk who appears to have served from an early period of the war -
Genl. Allison Esq Present

Know all men by these presents, that I John Bough of the Borough and County of York and State of Pennsylvania, do hereby make, constitute and ap- point John Bough of the same place my true and lawful Attorney, for me and in my name to receive from the Secretary of War of the United States a pension certificate for services rendered, the United States by me during the Revolutionary War, as stated in my declaration now in the Pension Office as will more fully appear by reference had to the same, giving and granting unto my said Attorney by these presents full Power and au- thority in and about the premises to do every Act and Acts, thing and things, needful and necessary to be done as fully, largely, and amply to all intents and purposes as I myself might or could do were I personally present and that I do hereby revoke all former Powers of Attorney given by me now in the Pension Office
Attest
John Bough Esq.
Jacob Lehman

State of Pennsylvania County of York
On this 13 th day of September A. D. 1843 Personally appeared before me the subscriber a sister of the herein in & for said County of John Burk and acknowledged the foregoing power of Attorney to be his free act & deed for the uses & purposes therein mentioned. In testimony whereof I have hereunto set my hand & seal the day & year above written
[Signature]
Notary Public

Pennsylvania York County Ys } I William Degenfrid Prothonotary of the Court of Common Pleas of said County, certify that John W. Hetrick Esq, before whom the within acknowledgment was made, is, and was at the time of taking the same, an acting Justice of the Peace in and for said County, duly commissioned and qualified, and that the foregoing signature, purport- ing to be his, is genuine.
In Testimony whereof I have hereunto set my hands and affixed the seal of said Court at York this 13 September A.D. 1843.
W. Degenfrid
Pro.
per Geo. B. Schmidt Clerk

Washington March 16 th 1846
Sir
I enclose you an Affidavit made by John Bunke of York Co. Pa. and one made by Samuel Dewees in proof of the Revolutionary services of the former which may be added to the Declaration already in file
The letter furnished me a few days since a copy of the original addressed to William G. Allison Esq., the dissent of the Applicant contains the validity of this application on various grounds. The enclosed amended declaration will show the names of the different Officers under whom he served the month year &c.
The Department seems to have treated the case as if the applicant were hired and therefore not entitled under the Law. The amended declaration I think will show that this was not the case but that owing to a scarcity of men his services were needed and he volunteered to different companies the names of which he gives.
The enclosed Affidavit of Samuel Dewees taken by John R. Wilson will furnish some proof of the service performed by Mr. Bunke. I should be obliged by an early reply.
Yours very Respectfully,
J. L. Goddard Esq. Com. of Pensions
11105 Mt. Glen

State of Pennsylvania York County } ss.
Personally appeared before me the subscribed a Justice of the Peace in and for the said County Samuel Dewees a United States Pensioner of the Maryland Agency who being by me duly sworn according to law saith that in the years 1781, 2 & 3 he knew John Burt to beat the drum at the Lancaster Barracks where the British Prisoners were stationed and there kept for safe keeping. That during the above time he did serve four tours or more of two months each.
Sworn to and subscribed July 31 1844 before John A. Wilson
His Samuel X Dewees mark
And I Certify from the Character of Samuel Dewees, I believe him to be entitled to full Credit, on his oath or otherwise.
In testimony whereof, I have hereunto set my hand and Seal, at York, in the County aforesaid, the day and year abovenwritten.
John A. Wilson 

State of Pennsylvania
York County ss.
I John R. Donnell Prothonotary of the Court of Common Pleas in and for the said County Do certify John A. Wilson before named was an acting justice of the Peace in and for the said County at the time of the execution of the foregoing Affidavit, and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of Office this 13 th day of March A.D. 1846.
for John R. Donnell W. L. Geyeritz Clerk
John R. Donnell Prothonotary
John A. Wilson Justice of the Peace
Subscribed and sworn to before me this 13 th day of March 1846 John R. Donnell Prothonotary
John A. Wilson Justice of the Peace