Revolutionary War Pension and Bounty Land Warrant Application File W. 470, Ebenezer Burnett, New York.

SERVICE
NUMBER
New York
Burnett, Ebenezer. Ritchell Lydia (Former widow)
N. 470
CONTENTS
This woman's 2 nd husband was pensioned see David Ritchell, N. J. S 2702

det to Agt. Jan. 29 45
9026
W. Pursey
Maria Mitchell, formerly widow of Ebenezer Durnett, who was a pensioner under the Act of 1818 and who died on the 18 May 1819 in the State of N. H. was a Sergt in the N.H. raised by Captain [blank] of the [blank] commanded by [blank] [blank] line for [blank]
Entered on the Roll of N. Pursey at the rate of 120 Dollars 00 per annum, to commence on the 4th day March, 1836. Jan. 29. 1836. [blank]
Certificate of Pension issued the 29. day of May 45 and sent to Mrs. [blank] [blank]
Total amount, $
[Act July 7, 1838.]
Entered by J. L. Swann, Clerk, Broke Vol. 1 Page 199.
Pay to D. Morris Agt.
22
22

8,692
New York. II
Ebenezer Burnett,
of Orange County in the state of New York who was a private in the regiment commanded by Colonel Van Kortlandt of the New York Line, for the term of seven years
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 6 th of April, 1815
Certificate of Pension issued the 23 rd of Nov 1819 and sent to John Wheeler Esq, Warwick, N.Y.
Arrears to 4th of Mar 1819. 10/30/19 87.69 Semi-ann. all'ce ending 4 th Sept 1819 48.00
Col Dubois Capt Buick
$135:69
Ent d 1 Dec 16 { Revolutionary claim, } Act 19th March, 1818. } Dec d 7 Jan 1822 Supt

Declaration
In order to obtain the benefit of the 3 rd section of the act of Congress of July 4 th 1836.
State of New Jersey, County of Morris, p:
On this first day of October, Domini 1838, personally appeared before the Court of Common Pleas of said County, Lydia Kitchel, a resident of Hanover township in said County, aged 72 1/2 years, who being first duly sworn according to law, doth on her oath make the following Declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 4 th 1836.
I am now the widow of David Kitchel, who was a Militia soldier of the New Jersey Morris County Militia, in the war of the revolution. & who for his services in said war, was pensioned by the United States, under the Militia pension law of 1832. For the particulars & details of his Militia duties in said war, I respectfully refer the Commissioners of pensions to his original Declaration & papers now on the files of the Pension Office. I was married to said David Kitchel, on the 12 th day of August, 1824, by Rev d . John Hancock of Hanover, a preacher in the Methodist Episcopal Church, & I lived with my said husband as his wife, until his death, which was on the 15 th day of February, Domini 1836. — When I was married to David Kitchel, or rather until I was married to David Kitchel, I was the widow of Ebenezer Burnett, who was an enlisted soldier in the Continental army of the United States, & served as such from beginning to the close of the revolutionary war. He was in the Northern campaign against Canada in 1775, was at the storming of Quebec, & saw General Montgomery fall in that disastrous battle. For his services in the revolutionary war in the Army of the United States, he rec d . a pension from the government under the law of 1818, which pension was regularly paid him to the time of his death, which took place at our residence in Warwick township, Orange County in the State of New York, on the 18 th day of May, Domini 1819.
I was married to said Ebenezer Burnett on the 21 st November, 1784, by a justice of the peace, whose name was Gould, (his first name I forget) & I remained his widow until my marriage with David Kitchel, on the 12 th August, 1824. For the details & particulars of Ebenezer Burnett's services in defense of his country, I respectfully refer the Commissioners of pensions to his original Declaration & the Records in the War Department, having myself no remembrance of his Captain's name, nor of the Regiment to which he belonged. — I frankly confess to the Commissioners of Pensions, that I am greatly at a loss how I ought to make this my application for the relief which I require from my Country, on account of the services of my husbands, who have both put their lives in peril for her freedom, & have left me very poor & indigent. I am however induced

to make application on acct. of the services of my first husband, Ebenezer Burnet, because he was my first husband, & because he recd. as a pension under the law of 1818, a larger annuity than was granted under the law of 1832, finding myself to be in very necessitous & indigent circumstances. If however it should be decided by the Commissioners of Pensions & the Secretary of War, that, I am in error in this form of application, I hope & trust I may not be precluded from applying as the widow of David Kitchel before named. There is, as I verily believe, no record of my marriage to Ebenezer Burnet, by Justice Gould - nor is there a witness living as I verily believe, who was present at that marriage. I have no family record whatever, of my first marriage. - I had, many years since, a very old bible, which did contain the births of my children. The said bible was much tattered - the leaves thereof became loose, & the blank leaf containing the record was also loose, & was lost many years since, & no copy thereof was ever taken, as far as I know & believe. - I shall endeavour to obtain the evidence of some of our oldest neighbours, who may perhaps remember that the said Ebenezer Burnet & myself lived together many years, as husband & wife, & that we raised a family of children together. I had by him, eleven children, the oldest child was born November 15 th 1785, & she is now living in Hanover Morris County. Upon further reflection, I recollect, that my first husband, Ebenezer Burnet, belonged to the New York line, & that he was not a private, but was a sergeant, & that he was for some time in a company commanded by a Captain Greeman. These are all the particulars I can remember, at this time. - I have remained a widow since the death of David Kitchel my last husband, to the present time, as will more fully appear by reference to the testimony hereto annexed.
Sworn & subscribed at the Court house in Morristown, on the day & year first before mentioned.
Before me      I Anna WOOD      Lydia her Kitchel Judge of Morris County      mark. G. M. Blevins

State of New Jersey
Morris County.
I, Joseph Dalrimple Esqr. Clerk of Morris County, hereby certify,
That James Wood Esqr. before whom the preceding annexed
Declaration of Lydia Kitchel was taken & subscribed, is a judge of the Court of Common Pleas in & for said County, duly commissioned & authorized.
I also certify, that Elijah Ward Esqr. before whom the annexed deposition of Abraham Fairchild was taken & subscribed on the 2 nd . October 1838, is a Magistrate, of said County duly commissioned & authorized. I also certify that the signature of said Elijah Ward, to a deposition of Noah Estlin, hereto annexed, dated 15 th . October 1838, is genuine. I also certify that as Clerk of Morris County, the Record of Marriages is in my custody & keeping. And that in Libr C. of Marriages, at page 57, is recorded the Marriage of David Kitchel of Hanover neck, to Bernet, of Rockaway, M c County, as having been consummated on the twelfth of August, in the year of our Lord Eighteen hundred & twenty four, before Reverend John Hancock. And I hereby certify, that the preceding extract from the said Book is truly copied, & that the original record, as therein contained, is in the words & figures, as follows viz: "1824, August 12 th . David Kitchel of Hanover neck, to Bernet, of Rockaway "M c County."
"The thirty five above described Marriages, was solemnized by the "Rev. John Hancock. Rec d . & recorded. October 25 th . 1828. Deake. Clerk."
In testimony whereof, I hereunto subscribe my name, & affix the seal of my office at Morris town, October 18 th . 1838.
J. Dalrimple Clerk

I hereby certify to the Secretary of War, & Commissioner of Pensions, that the annexed leaf, which is headed " Family Record ," & which purports to contain the names on its first column of Sarah Burnet & nine others, & on the second column of Lydia Rogers & of 6 other names, with the dates of their several births, was by me this day, cut out from a family bible brought to me by Mrs. Lydia Mitchell & her daughter Sarah Churchhill, which bible I verily believe to be the same as is described by said Lydia Mitchell in her amended declaration, taken this day before Judge Wood, containing the names of her children whilst she lived in wedlock with Ebenezer Burnet, her first husband. Said leaf has been by me attached to the papers of said Lydia Mitchell, to be sent to the office of the Commissioner of Pensions at Washington.
Morris town, June 26 th 1839.
Lewis Bondact.
The above named Lewis Bondact, who is believed by me to be a man of truth, this day, made oath before me, that the facts stated by him in the above declaration, are true, to the best of his knowledge & belief.
Morris town, June 26 th 1839.
Silas L. Condict J.P.

State of New Jersey, Morris County ss.
I David B. Hurd, Clerk of Morris County, hereby certify, that James Wood Esq. before whom the annexed Declaration of Mrs. Lydia Kitchel was taken & subscribed on the 26 th . June 1839, is a Judge of the Court of Common Pleas in & for said County, duly commissioned & authorized.
Also - that Silas L. Condict Esq. before whom the annexed depositions of Lewis Condict & of Sarah Churchkill were taken & subscribed on the 26 th . June 1839, is a Justice of Peace in & for said County, duly commissioned & authorized. And the signatures of the said James Wood & of said Silas L. Condict to said Declaration & Depositions, are genuine.
Witness my signature, & the seal of my office at Morristown, this 27 th June, Domini 1839.
D. B. Hurd Clerk

State of New Jersey, Morris County ss.
Before the subscriber, a Justice of peace in & for said State & County, personally appeared Mrs. Sarah Churchill, wife of Sarah Churchill, of Hanover township in said County,
aged 54 years, & believed by me to be a woman of truth & unblemished character, who being by me duly sworn according to Law, on her oath saith as follows. — My father, was Ebenezer Burnet, formerly of Morris County, New Jersey, & who lived several years in Warwick township Orange County, New York, where he died, in May, 1819, being then a prisoner of the United States. My Mother, (now Mrs. Lydia Hitchel) lived as the widow of my father, the said Ebenezer Burnet, until August 1824, when she was married to David Hitchel, with whom she lived as his wife, until his death, which took place on the 15 th day of February, 1836, & she has not married since his death. — My father, the said Ebenezer Burnet, & my Mother, now Mrs. Lydia Hitchel, raised a large family, having eleven children, of whom I am the oldest. The 16 th of November, Domini 1785, was my birth day, as I only believe. I have it by tradition from my parents — & from the earliest period of my memory have always believed & considered that day to be my birth day, & am confident of its correctness. The original record of our ages, made in old family bible by my parents, was destroyed & lost many years before our father Burnet died. But all my brothers & sisters knew their ages by tradition as I do, derived partly from that record, & partly from our Mother's history. After my Mother's marriage with David Hitchel in 1824, she had a record of the births of her children by Ebenezer Burnet, made & entered in a blank leaf of a bible, which has gone into the possession of Charles Burnet, my youngest brother, at Newark. & which contains as I only believe, a faithful & true account of their several births. I have often seen said bible, since it has been in his possession.
Sworn & subscribed at Morris town, this 26 th day of June, 1839
Before me,
Silas L. Condict J.P.
Sarah her Churchill mark

FAMILY RECORD.
MARRIAGES.
Births
Births
Sally Burnet born Nov 16 16 th 1785
Lydia Rogers born April 5 th 1806
James H Burnet born March 23 1790
Charles Burnet Married to Fanny B Williams March 29 th 1828
Ralph Burnett born April 15 th 1792
Abram Harrison Burnet born February 22 nd 1829
Hiram Burnett born February 5 th 1794
Cynthia H Burnet born February 5 th 1832 Died 9 th 1832
Ebenezer Burnet born September 7 th 1797
Lydia Ann Burnet born October 22 nd 1833 Died Sept 14 1834
Catharine Burnet born January 2 nd 1799
George Whitfield Burnet born September 1 st 1835 Died Jan 27 1837
Joann Burnet born January 7 th 1801
Emily Burnet born February 23 rd 1837 Died 27 th 1837
John Burnet born April 13 th 1803
Phebe Burnet born July 31 st 1805
Charles Burnet born August 24 th 1807

FAMILY RECORD.
BIRTHS.
DEATHS.
Abiathar Williams Born June the 27 1796
Wm Harrison Died Novr 13 th 1826 - - -
Fanny B Harrison Born April the 23 1801
John Burnet Died Novr 18 th 1826 - - -
Matilda Williams Born September the 25 1820
Mary Burnet Born January 3 rd 1826

Ebenezer Durnett junr. N. S. W. line 1776 to 1783. 6 April 1818
Given Certificate which admits the fact certification of the  fact  circum stances mentioned
Ebenezer Durnett

Orange County ss. on the Sixth day of April 1818 Personally appeared State of New York before me John Wheeler one of the Judges of the court of common Pleas for said County Ebenezer Burnett aged about Sixty Years resident in said County who being duly sworn according to Law doth on his oath make the following declaration in order to obtain  make the Provision made by the late 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" that he the said Ebenezer Burnett enlisted in year 1776 under Captain John Hamtramck in the New York Line and continued in the service till the year 1783 and was discharged at New Windsor in said State (the deponent says he was first enlisted under Captain Bevan and was transferred to Hamtramck) (all of the York line) that he was at the taking of Fort Montgomery at the the Battle on Long Island and with Sullivan on the Western expedition and that he is in reduced circumstances and in need of assistance from his Country for support and that he has no other income now in his power to offer of his said Service. Ebenezer Burnett Ebenezer Burnett Sworn and Subscribed John Wheeler
I John Wheeler Judge as aforesaid do certify that it appears to my satisfaction that the said Ebenezer Burnett did serve in the Revolutionary War as stated in the preceding declaration against the common enemy and I now transmit the proceedings and testimony taken and had before me to the Secretary of the Department of War pursuant to the aforesaid Act of Congress.
John Wheeler

State of New York Orange County
I David M. Westcott clerk of the county of Orange of the Court of Common Pleas in and for the said County do hereby certify that John Wheeler is one of the Judges of the said Court and that his name set to the preceding affidavit of certificate is the proper handwriting of the said John Wheeler. In witness whereof I have hereunto affixed the seal of the said Court the 26 th day of May 1818
D. M. Westcott

I do hereby certify that I am personally acquainted with Ebenezer Burnett that he is in very reduced and indigent circumstances and a fit subject for the provisions under the late act,
Elizabeth Brewster

New Jersey, Morris County,
Pension claim of Lydia Kitchel, former widow of Ebenezer Burnet.
Law of March 3 d . 1837.
Additional testimony . Dec. '44.
Return to Lewis Bonded Morris town, N. Jersey.

State of New Jersey Morris County.
I George H. Ludlow Clerk of the Court of Common Pleas of said County, certify, that satisfactory proof has been adduced to said Court, that Lydia Kitchel, widow of David Kitchel late of Hanover in said County, who was an Applicant for a pension from the United States on acct. of the revolutionary services of her first husband Ebenezer Burnet, died at her residence in the Township of Hanover, in the County of Morris & State of New Jersey, on the fifth day of February, in the year of our Lord 1841 — that she left eight children & no more, 4 sons & 4 daughters — viz: Sarah, wife of William Churchill, living in Ohio — James H. Burnet, living in the State of Georgia — Ralph Burnet, living in Ohio — Ebenezer Burnet, living in Ohio — Catherine, wife of Joseph Wegner, living in Ohio — Joanna wife of David Morris, living in Morris County, New Jersey — Phoebe wife of Robert Fields, living in Paterson New Jersey, & Charles Burnet, living in Newark, New Jersey: all of whom are children of said Lydia Kitchel, by her first husband, the said Ebenezer Burnet.
In testimony whereof, I hereunto subscribe my name, & affix my seal of Office at the Court house in Morris Town, this 18 th November, 1844.
George H. Ludlow Clerk

DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Ebenezer Burnett or Burnet a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776 1783 Priv. Bevier N.Y.   Sgt. John Hamtramck   Cheeseman    The above noted is the only E.B. found on the Revolutionary records of this Bureau.
Battles engaged in, Long Island & Montgomery
Residence of soldier at enlistment, /
Date of application for pension, Apr 6, 1878 This cl. was at
Residence at date of application, Orange Co. N.Y.
Age at date of application, 61
Remarks: Wid. mar Nov. 21, 1784 Lydia Rogers who was b. Apr. 5, 1766. Sol. d. May 18, 1879 in Warwick Twp. Orange Co. N.Y. She mar. Aug. 12, 1824 David Kitchell he died Feb. 15, 1836. She was at Gen. as the wid of Ebenezer Burnet & shed. Feb. 5, 1841. Children of Ebenezer Burnett, Sally James H., Ralph, Hiram, Ebenezer, Catherine, Joann, John Phebe & Charles
Respectfully,
Commissioner.
X As the service of 2 nd husband would have no value to Burnet descendants I did not go into that matter at all

WIDOW, &c. Ray
File No. 470
Lydia Kitchel formerly Widow of Beniger Burnett, Discht. Riv. War.
Act: July 7. 1838.
Index:—Vol. A , Page 407
[Arrangement of 1870.]
1921 Jan 7. Hist. to S. E. Dauchy. aud.
✓

V Lydia N. Jersey Ehebe Kitchel let to Hon L Conditt 22. Oct. 1839 to same 4. April 1840 to same 14. " "
Act 1836

N. Jersey Lydia Mitchell
Letter to Hon. S. Condict 23. April 1840 To same March 6, 1841. " " Oct 12. 1842 " " Sept. 20. 1843. " " Oct 26. 1843
Act. July 1836

Morris town N. J. Dec. 10th '44.
Sir
In the case of Lydia Kitchel, widow of David Kitchel & the former widow of Ebert Bennet, & a claimant under the act of 3 rd March 1837, you require information of the time of her death, & the names & age of her children. The evidence is herewith sent to you, together with letters of admr. to David Morris, husband of one of her daughters.
I presume this is all that was required previous to issuing the certificate. As these papers will probably be required at the Pay office in Trenton, if consistent with rule, I would ask the favor in behalf of the children who are very poor, that these papers may be returned to me, with the certificate, for the use of the Pay agent, to be by him retained & returned to Washington, as it will save them the expense of other copies.
Or, if this be inconsistent, will you instruct the Pay agent to dispense with them on payment, these being proof furnished to the Dept. in Washington?
Very respectfully &c.
Your obedt. servt.
Lewis Condick
Col. J. L. Edwards Commissioner of Pensions.

Col: James L. Edwards Commissaire of Pensions.
Respectfully yours J. L. Edwards
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original letter.]

State of New Jersey Morris County p:
I William N. Wood Surrogate of the County of Morris, do certify, that - on the Eighteenth day of November A. D. 1844 Administra- tion of the goods and chattels rights and credits which were of Lydia Ritchie, late of the County of Morris, who and intestate was granted by me to David Norris of said County who is duly authorized to administer the same agreeably to law - and that the Bond filed by the said David Norris as administrator covers the pension money due said intestate and said money when received will be held by him to be paid over agreeably to the pension laws reg- ulating pensions -
Witness my hand and Seal of office the Eighteenth day of November in the year of our Lord one thousand Eight Hundred and forty four -
William N. Wood

✓ 4034
Act 136
New Jersey Morris County. Lydia Mrs. Phoebe Kitchel widow of David Kitchel & former widow of Ebenezer Burnet. Pension of 1818.
Add l . Declaration annexed under Act March 3 d . 1837.
Mar d to Ebenezer Burnet 14 Nov. 1784 — duet . 8 May 1819 —
Return to Lewis Condie Morris-town, N. Jersey.

John C. Calhoun Esq.
Admitted

Warwick Orange County State of New York January 24. 1879.
John C. Calhoun Esq.
In with this you will receive the certificates of Samuel Benjamin Ebenezer Burnett Francis Leotte, and Adam Duke who saith on oath that he served in the Sixth regiment of the Pennsylvania Line under Col. Garman
I have no hesitation in saying from my personal knowledge of the above four Persons that they are in very reduced and indigent circumstances and in need of assistance for their support
I would thank you if these persons should be admitted on the Pension list you would inform me when you forward their certificates of the place and when they will receive their money.
Yours respectfully
John Wheeler

Sept 18. 1843.
N.J.
11295 En De Camp 9190 New Alley Annoyance.
Jamie S. Garrison Esq. Resumption of Union War Department. Washington.

Morris town N.J. Sept. 18 th 43.
Dear Sir,
Your circular, a general answer to numerous enquiries, was duly rec d . — It will doubtless restrain in some measure, the asking for information, which cannot be countermanded.
I have a few cases which are so situated, that I am at a loss how to proceed without some information for my guidance, & which in the circular seem not to be prohibited. And so far as the enquiries shall appear to you to be proper, I feel assured you will indulge me — & beyond this point I desire not to ask.
Enoch De Camp & Henry Colley, pensioners of 1832, died some years since, leaving widows. — I had at their request, made out their widows Declaration, with testimony as to marriage &c. &c. It occurred to me however, as a doubtful matter, whether or not the law of 36 or of 38 could apply, as the husbands died after the passage of those laws — or at least of one of them.
I addressed a letter to you, enquiring as to this point. Your answer was, in substance, that the law could not benefit them, unless they were widows at its passage .
I accordingly troubled you no further with them, omitting to send the papers.
Will these Declarations & proofs of marriage be objected to now , on account of their date? If they can be rec d . & adjudicated upon their merits, "nunc pro tunc", it will save labor & fees. — And I know not whether the widows now be living or dead.
There may possibly be one or two more cases somewhat similar — viz: antiquated by the same or other causes — one especially, in which the delay has arisen from the dispersion of witnesses — one affidavit taken in 39 — another in 40 & perhaps another in 41 or 42, as opportunity presented & knowledge of them obtained. The Bed ts made 2 or 3 years since upon the testimony of one witness then known — others taken as they were found.
Another case; Nicholas Aronfsmith's Bed ts filed by Wm. Thompson of Somerville N.J. in 1832 or 33 & afterwards rec d . to Thompson for amendment or further proof.

Some further testimony was obtained, & probably a supplemental Declaration was annexed. They were again presented to your office by James Patten, of the A. R., with whom you probably had some correspondence. Mr. Patten is confident the papers are not in his possession - & thinks he returned them to Thompson, who has searched for them in vain. Mr. Arrowsmith lately died, leaving a widow, & the papers are not to be found among the Declarant's other papers. — It occurs to me - that when Mr. Patten presented them, you would, as a matter of course, place them on file - unless for certain good reasons they were ret. d to Mr. P. or to the claimant; & in this case - if ret. d to either, w. d there not be found evidence of such return! It appears to me, such has been your practice.
The widow called on me lately, & being solicitous to find these documents as a part, that you will have the goodness to cause another examination to be made in your office for them.
Perhaps your correspondence with Mr. Patten, may, if exam. d , trace them out.
If however, all search for the originals shall prove fruitless - have you any trace of the case, which can enable you to tell the quantum & the nature of the service alleged - & how far the proof goes to sustain the allegations? If not, can the case be considered as a claim before you - to be decided - partly by any notes in the office, & with each other its papers & letters of the ad. d as may be found! There is enough of merit in the case, to justify enquiry, & the widow feels anxious to pursue it, & wishes your instruction how to bring it before you.
Pardon my long epistle, & at your earliest convenience, please send such reply as the several cases & the regulations of the office may render proper.
Very respectfully
Your obt. serv. t &c.
Levin Conant
Col: Jas. L. Edwards
Commission of Pensions

P. S. I beg leave to include also, the case of Lydia Kitchell, widow of David Kitchell, & former widow of Ebenezer Burnet. She first claimed under the law of 36 - & failing - claimed a 5 year half pay pension under the act of 38. & probably also of the joint Resolution relating to 2 d marriage. - Burnet was a pvt. of 1818 - & Kitchell of 1832. Both of her Declarations are on file. The widow is dead & has left children. If the existing laws embrace the case, can it be acted on under her former Declaration? - If not, how can the children bring the case before you for adjudication? I have stated the case memoriter , - & perhaps have mistaken some of its features.
L. B.
Oct 12 1852

Sydia Kitchell Henry Kelley, acc d
Oct 12 1843
Jamie L. Edwards Esq r Commonwealth of Penna Washington.
Levi's Conduct Mornings N.J.

Monis Town R. I. Oct. 10 th 43.
Sir,
In answer to your question as to the time of Lydia Kitchell's death, (see your letter to me of Sept. 20 th 43) I find on enquiry, she died on the 3 rd Febr. 1841. having left 8 children - viz: 1 in Georgia, 3 in Ohio, & 4 in N. Jersey, - no Ex rs or Adm rs then being in property.
If you decide that she was entitled to a pension, some one of the relations will administer, if you shall deem it prudent.
I have heard a rumor, that the widow of Henry Colley, (mentioned also in the same letter, as above) is dead. If it be true, what is the proper course for her children to take in reference to her pension?
I before stated, that she had executed her papers in March '39. which were not sent to your Office, in consequence of your notice to me, that those who were not widows when the act of 1838 passed, could not be benefitted by it. If under these circumstances, her declaration then taken can be rec d . I will send it. Her children will claim whatever may be deemed their vested rights, & will wait your instructions.
Very respectfully,
Your obed. serv t . &c!
Levi Condit.
Col. J. L. Edwards
Commt. of Pensions.

Lydia Kitchel formerly Widow of Eben Burnett
09026 Revy N.J.
File 470
Jane J. Edwards Begg Commission of Pension Washington.

Mount town, June 27 th 1839.
Dear Sir,
Your letter of 28 th May, relation to the claim of Mrs. Lydia Kitchel was duly rec d . & a new Declaration made, under the explanatory Act of 3 rd March 1837. — The 1 st declaration is returned, with all its accompanying vouchers &c. & a deposition of Sarah Churchhill, with a family record of the births of Mrs. Kitchel's children by Burnet her first husband, (for whom services she claims the pension) are annexed to her new Declaration. There is no record of their baptism, as they were not baptized. — The date of the marriage of Burnet, is shown by the evidence of Mrs. Barks, Abraham Fairchild, & Mrs. Churchhill — supported by the family record, made many years before Mrs. Kitchel could have thought of being a pensioner, & long before the passing of the law.
Very respectfully,
Y r obed t Serv t . &c.
Levis Bondiel.
Col. Edwards.

ap 10 1840
2
Jam J. Edwards Esq. Commissaire of Pensions War Department Washington.

Morris town, April 7 th . 1840.
Dear Sir,
Yours of the 4 th . I have just now rec d . relating to the case of Phoebe Lydia Kitchel. I regret that an error of mine, endorsing her Decl n . for that of Phoebe Kitchel, should have led to any confusion in the office, as I can easily conceive might be the case.
Lydia Kitchel, claims for the pension of her 1 st husband Burnet , to whom she was married in Novr. 84, & therefore was excluded to the benefit of the law of July 4 th . 36. Her subsequent marriage to David Kitchel in Augt. 1824, does not stand in the way of her being benefitted by the act of March 3 rd . 1837, or of July 7 th . 1838, she being a widow on the 4 th . July 1836 - the husband Kitchel, dying on the 15 th . Feby 36. Permit me to refer you to Atty Genl. Butlers opinion, page 62, paragraph 6 th the 2 last lines - & again to page 104 of your Report, Document. 118, dated January 18 th . 1838. The claim to which I refer is embraced in the last 8 lines of page 104. - There may be a misunderstanding between us as to the precise date of Kitchel's death. I have quoted from my memorandum as above, viz: 15 th . Feby. 1836. If I am correct in that, it seems to me my conclusion is not wrong, that she is entitled to a pension.
I assure you, I feel no inclination to persist, if in error - & I am satisfied you are not unwilling to do justice, according to the law & the facts. - It is possible you have overlooked her 2 nd . Declaration, as an applicant under the law of July 7 th . 38, which I sent to your office on the 28 th . June 1839, & which expressly embraces her case.
Very respectfully
Yr. ob t . serv t .
Lewis Conduit.
James S. Edwards Esq r Commissioner of Pensions.

New Jersey Morris County.
Before the subscriber a justice of peace in the said county, personally appeared Noah Still, of Pequannock township in said county, known to me as a man of truth & fair character, who being duly sworn according to law, saith as follows: viz: I am 72 years old, on the 17 th December next - was well acquainted with Mrs. Lydia Kitchel, widow of David Kitchel deceased. Before her marriage to said Kitchel, & also before her marriage to Ebenezer Burnet, who was her first husband, & with whom she lived 30 or 40 years, as his lawful & married wife; said Lydia & said Ebenezer Burnet, lived a few years in Hanover township Morris County, & then removed either into Sussex County or Bergen, & near the line which separates these Counties. I knew them many years, say till his death in 1819, & have known her ever since then, & until the present time. I married a sister of said Lydia, & our families were in the habit of visiting each other once a year until his death, & the intimacy is still kept up between the sisters. Said Burnet removed from Sussex, into the adjoining County of Orange in the State of New York about 3 or 4 years before his death, after which time she was a widow about 4 or 5 years, when she married David Kitchel, with whom also I was well acquainted to the time of his death. Said Lydia & said Ebenezer Burnet, had a large family of children, I believe eleven, all of them born in wedlock. They lived reputedly as husband & wife, & I have never heard a doubt expressed of the lawfulness of their marriage. Sworn & subscribed at Morris town, this 15 th October, 1838.
Before me,
Eliah Ward J.P.
Noah E Still

apl 23. 1840
Mdum Im at.
James L. Edwards Esq.
Postmaster of Union Washington

Morris town, April 20 th . 1840.
Sir,
In reply to yours of the 17 th . relative to Lydia Kitchell's claim, I ask your attention to a portion of your letter to me dated May 20 th . 1839, which is as follows.
"The papers of Mrs. Lydia Kitchell, formerly the widow of Elnathan Burnet, an applicant for a pension under the act of July 4 th . 1836, are herewith returned. This claim is provided for in the explanatory act, approved March 3 rd . '37. a copy of which is enclosed."
In conformity with the above, a new Declaration was executed by the Widow Lydia Kitchell, under the act of March 3 rd . 1837, before Judge Wood, on the 26 th . June '39, & sent to your office on the 27 th . June, with various proofs of her marriage &c.
In your last letter, (of the 15 th . inst.) you state, that, "under the act of July 7 th . 1838, her claim is not provided for, because she was married after the death of the husband on account of whom she claimed."
My impression is that her Declaration now before you, is not under the act of July 7 th . 1838, but under the act of March 3 rd . 1837. And I respectfully enquire, is not her case precisely such an one as is embraced in the 2 last lines of Attorney General Butler's opinion, in page 62, of your printed pamphlet Digest of Pension Laws? See again the same pamphlet, page 104 - first 4 lines of the last paragraph. - She was a widow on the 4 th . July 1836.
Very respectfully
Yours &c.
Lewis Bondick
James I. Edwards Esq. Commissaire of Pensions

Mar 5. 1841
N. J. Dinah
[Signature]
L. Edward Dorr
Commission of Pension for Separation
Washington.

Morris town N. J. March 1 st 1841.
Sir,
Pardon me for again asking your attention to the case of Mrs. Lydia Kitchel, widow of David Kitchel, & formerly the widow of Obengy Burnett, for whom since she claimed a pension under the act of July 4 th 36, & afterwards under that of March 3 rd 37, in conformity to your letter dated May 20 th 1839. The circumstance of there being 2 widows, Kitchel, both applicants for pensions, led to some confusion & misapprehension. By your letter of 23 rd April last, it would seem that neither of the 3 laws passed for the relief of widows of Revol. men, can give relief in this case; & yet both husbands served in the war, & both were pensioned if I recollect rightly.
I requested your attention in my letter of 20 th Ap l '40, to the opinion of Mr. Buttle, as contained on page 62 of your printed pamphlet Abt. or Digest of Pension Laws & regulations - & more especially  to to page 104 same pamphlet, the first 4 lines of the last paragraph. This woman was a widow on 4 th July '36, & her pension was claimed, (tho' not allowed for reasons stated) on account of service of 1 st husband.
My principal object however is to enquire in behalf of this poor woman, (who since Kitchel's death is exceedingly destitute,) whether or not she may find relief by applying as the widow of David Kitchel, & on account of his Revol. service, for which he was pensioned under the act of June 32?
If age - may not the proof of marriage - death of husband &c. stated in the 2 declarations on file in the office, be alluded to & admitted?
She is quite distant from me, & so infirm she cannot move to look for any evidence whatever. If the law provides any relief for her, it should be extended to her.
Very respectfully,
Your Ob d Serv t . &c.
Lewis Bonduel
Jamess L. Edwards Esq. Commissioner of Pensions
L. Bonduel

Oct 10 '42
N.J.
See Camp Hitchell & Pitney
J. Edward Sager Group of Rooms Washington.
FREE

Morris town, N. J. Oct. 6 th 1842.
Sir,
There remain in your office a few claims presented by me, & which have been disallowed on the ground (as I suppose) that they were not widows, when the act was passed. The late joint resolution of Congress, has granted relief in some such cases (viz: Nancy Allen & Rhoda Barry of this State, claimants under the act of 1838) & probably is designed for the benefit of all.
Permit me to ask your attention to some others, whose circumstances are similar, except that their Contipriates had not been ignored.
Abigail Lee, widow of William Lee. (See your letter to me, July 22 d . 1840.)
Widow of Sarah D. Camp.
Do. Sept. 24 th . 1840.
Lydia Kitchel, widow of David Kitchel, formerly the widow of Eben Burnett, & claiming on account of the services of Burnett, the first husband.
In this case 2 Declarations are on file - viz. 1 under the act of 36, & another under the act of 1838. (See letters of various dates).
In relation to this case, I would observe, it seems to be a hard case - having as it appears to me, all that Equity can demand or expect. I mean nothing disrespectful nor unkind toward the Commissioner or his assistants. If the joint resolution alluded to, gives any relief, I would ask its aid. - I would also refer to the decision in the case of Rebecca Pitney formerly Christie , claiming (& allowed) for the services done by her first husband. & allowed.
If in Lydia Kitchel's case there yet remains any legal or technical objection to its admission, may I ask the favor to have it clearly set forth, so that if necessary, relief may be granted asked, either from Congress, or by the Equity power of the Secretary?
Very respectfully,
Your ob t serv t .
Levin Bondit.
Col. Edwards Commissioner of Pensions.

N.J. Lydia Ketchell
act 38
May 27
FREE
Inat N.J.
adm d Sergt 24m time
Gen. J. Edwards Clegg
Commissioner of Pensions War Department
Washington.
1820 to 5 Feb 41- the day of her death - to David Norris adm. of Lydia Ketchell etc
Lewis Condict Esq. Morristown N.J.

Morris town N. J. May 23 d 1839.
Dear Sir,
Your letter to me, dated 20 th May, accompanying the papers of Mrs. Lydia Mitchell, formerly the widow of Ebenezer Burnet, is just rec d . — She has in her Declaration stated, that her old bible, which contained a record of her children's birth, has long since been scattered leaf after leaf, till all is gone — & no copy of the family record was made from it. — I will cause diligent enquiry to be made concerning the baptism as you have suggested, & if any record can be found, I will forward it to your office. She lived during a considerable portion of her first husband's life, quite remote from any Church, & I doubt whether any of the children were baptized in their infancy. 2 Joanna Gark testifies, that she was married in 1784, in March. that Burnet & his wife had been married some 2 or 3 years, & then had 2 children, (Sarah & Stephen) who were born in Woodstock. The inference is pretty strong, that they must have been married before the war terminated. — Looking this moment at the Declaration, I observe the applicant declares she was married 21 st Nov r 1784 — which she now concludes that Mrs. Gark is mistaken either as to the time of her own marriage, or the marriage of Mrs. Burnet. —
I see from examining the copy of the law you send me, that this claim is provided for by the act of March 3 d . 1837, & should have been drawn up under the Directions annexed to the copy. As you do not direct it expressly, I would respectfully enquire, whether it is essential , that the declaration be taken de novo ? She is very infirm, as well as poor & aged — & lives about 10 or 12 miles from the Court house. If however it be indispensable , I will endeavour to have her attendance. If the first will answer, under existing circumstances, I will obtain all information respecting the Baptisms that can be found & transmit it with the papers you have sent to me.
Very respectfully
Yours &c.
Levi Condict.
Jas. S. Edwards Esq. Commissioner of Pensions.

Declaration,
In order to obtain the benefits of the 3 d . section of the act of 4 th . July, 1836, & of the 1 st section of the act of 3 d . March, 1837. —
State of New Jersey, ss: On this 26 th . day of June, Domini 1839, personally appeared before the Court of Common Pleas of the County of Morris, Lydia Kitchel, a widow of Hanover in the County of Morris & State of New Jersey, aged 73 1/3 d . years, who being first duly sworn according to Law, doth on her oath make the following Declaration in order to obtain the benefit of the provision made by the act of Congress, passed July 4 th . 1836, and the act explanatory of said act, passed March 3 d . 1837. —
I am the same Lydia Kitchel, who, on the 1 st . day of October, Domini 1838, made my Declaration before the Court of Common Pleas of Morris County, N. Jersey, in "order to obtain the benefit of the provision made by the act of Congress, passed July 4 th . 1836," on account of the Revolutionary services of my first husband, Ebenezer Burnet, unto to whom I was married on the 21 st . November, 1784, by Justice Gant.
I have learned by letters from the Commissioners of Pensions of 20 th . May, & 28 th . May last, that said Declaration should have been made under the act of March 3 d . 1837, & that it should be unused, as under that act. And I do hereby respectfully request of the Commissioners of Pensions & of the Secretary of War, to permit me to offer this Declaration under said act; hereby claiming its benefits, on account of the revolutionary services of my first husband, Ebenezer Burnet, who was a pensioner of the United States, under the act of March 1818, as I believe, having been a Continental soldier in the expedition against Canada, & a soldier of Militia also, as I believe. For the details of his services in the war of the revolution — I respectfully refer the Commissioners of Pensions to his original Declaration made under that law, which is on the file of the Office. ** And for the particulars of my marriage to Ebenezer Burnet — the time of its consummation — the ages & other particulars respecting our children , as well as for the particulars relating to his death, & of my after marriage # to David Kitchel — the time of his death & various other matters set forth in my former declaration, as well as the depositions of Joanna Gant, Abraham Fairchild, & Noah Estile, & the Certificate of Jos. Dalmple Esq r . then Clerk of Morris County, I hereby desire & request, that the Commissioners of Pensions will consider said former Declaration & papers connected with it, as parts of this my amended Declaration, believing that it will be very difficult & perhaps impracticable, on account of their ages, infirmities, & for aught I know, the death of some of said Deponents, to renew their
here to annexed.

several affidavits. — In the letter of the Commissioner of pensions, to L. Condit dated May 20 th 1839, it is stated, that "the date of the claimant's marriage is not established by the requisite proof"; — & it is intimated, that "record evidence of the birth or baptism of her children by her first husband, may serve as evidence on that point." — Respecting this baptism, I will state, that not being then communionists , we were not entitled to the baptism of our children, according to the then practice of the Church we attended, & our children were not baptized in infancy. And in my former declaration I stated that the ancient family bible, formerly containing the births of my children, had long since become tattered, & destroyed, & that no copy of it had been taken at the time. After I was married to David Kitchel, which was on the 12 th August 1824, I had a record then made from my memory, of the births of my children by my first husband, which was entered in a blank leaf of a bible, which bible is not now in my possession, but is at Newark, as I only believe, in possession of Charles Burnett, my youngest son, now living in Newark, Esq d . which bible I will endeavour to procure, & to forward the record as therein contained. It does not specify the time of my marriage to my first husband, as I believe, — but it contains a true statement of the births of my children by Ebenezer Burnett, except my second son, next to Sarah, who died in infancy & entered therein according to my dictation, about a year after my marriage to David Kitchel, according to the best of my remembrance & belief. My first child, Sarah Burnett, now Sarah Churchill, resides in Hanover township, & she was born on the 18 th of November, 1785. I hope to obtain her deposition, shewing her age, so far as any person may be presumed to know her own age from tradition. Her own testimony, with the bible record, made probably in 1825, together with the testimony annexed to my former declaration, is all the evidence which I can possibly furnish, to shew the date of my first marriage. — I was a widow on the 4 th July 1836, & still remain a widow, as will more fully appear by reference to proof hereto annexed. N. B. The entire omission of the words, "except my second son, next to Sarah, who died in infancy", was done before signing & taking the oath.
Sworn & subscribed, the date first before written, Before me,
Lydia her Kitchel mark
I am Wood one of the Judges of Mourn County to me, please

State of New Jersey Morris County ss:
Before the subscriber, a justice of peace in & for said County, personally appeared Abraham Fairchild Esq r . a highly respected citizen of Hanover township, well known to me to be a man of truth & fully entitled to belief, who being by me first duly sworn according to law, saith as follows.
I am 84 & 11/12 th years of age, have for the last 80 years lived in Hanover township, where I now live. — Many years since, & as nearly as I can remember, between the year 1784, & 1789, a man whose family name was Burnet, & I believe Ebenezer , was his first name, lived in the neighbourhood, near me. How many years they resided there, I do not now recollect. He was then a married man, living with his family, having as I believe one or two, or perhaps three children. The said Ebenezer Burnet, was reported & believed to be, a married man, by all his then neighbours, nor do I think the marriage of said Burnet & his wife was questioned or doubted, by any of his neighbours in that quarter. He removed to some distance, probably about the year 1788, or 1789, & I do not know that I afterwards saw said Burnet.
I was personally well acquainted with David Kitchel now dec d . — we were well acquainted 50 or 60 years, & until his death. He lost his first wife, & afterwards married as is said, & as I verily believe, the widow of Ebenezer Burnet. — David Kitchel died in the year 1836, according to my recollection, & Lydia Kitchel, the present applicant for a pension, still remains his widow, as I believe.
Sworn & subscribed at Morristown, October 2 d . 1838 Before me Eliza Ward J. P.
Abraham Fairchild

State of New Jersey, Morris County
Before the subscriber, a judge of the Common Pleas County of said County, personally appeared Mrs. Joanna Carl, of Hanover in said County, aged 73 years in December next, who being first duly sworn according to Law, & being also believed by me to be a woman of truth & fair character, doth on her oath declare & say as follows, viz: I shall be 73 years of age in December next - am the widow of Abraham Carl deceased who was a Militia soldier in the war of the revolution. I was married to said Abraham Carl in March 1784. In the year 1788 I lived in Hanover township, & Ebenezer Burnet, who was then married to Lydia Rogers, whom I knew before her marriage to Burnet, was living near me to us, & not more than 20 or 30 rods distant.  the road only separating us - we living Our families were intimate as neighbors & friends. Ebenezer Burnet & Lydia his wife, had been married some 2 or 3 years, - were then living together, respectably, as husband & wife, & were so considered & reputed & believed, by all the neighbors who knew them. To the best of my knowledge, none was known to question their marriage. They had at that time two children, born in wedlock, viz: a son & a daughter, William & Mary Sarah & Stephen. (I at first said William & Mary - thinking of my own two first children so named) In April 1789, Ebenezer Burnet & his wife moved away to a distance, said to be in Sussex County, & I did not see them again for probably 20 years or more. When I again saw Mrs. Burnet she was a widow. Some time after she was married to David Kitchel of Hanover, whom I was well acquainted with from my youth. I have known said David Kitchel & said Lydia, now his widow, from their marriage to the time of his death, & I she is still the widow of David Kitchel
Sworn & subscribed at Morristown, at the Court house, October 1 st 1838,
Before me, the foregoing & introlling, done before signing, in line 11.
I am the Dredge of Morris County to wit As
Joanna Carl

HAKE Pens.
Westfield N. J. May 25 1921.
United States Pension Bureau. Washington D.C.
Gentlemen ; Will you kindly furnish me with such information as you may have regarding one Ebenezer Burnet who served during the Rev. War.
The D.A.R. roll of honor gives the following;
Ebenezer Burnet enlisted as serjeant in 1776 for three years in the Fourth Co. N.Y. Line under Col. Lewis Dubois, he was in the same Reg. in 1782.
In "New York in the Revolution; Colony and State" I find the following;
"The Line 2d. Reg. Col. Philip Van Cortlandt, Capt. Henry Dubois enlisted men Ebenezer Burnet."
"The Line 5th. Reg. Col. Lewis Dubois Ebenezer Burnet".
"The Line 4th. Reg. Col. James Holmes Ebenezer Burnet".
I would like to know if possible where he enlisted from? Where he was born and died ? and in fact all the information you may have concerning him that will aide me in tracing his ancestry.
Thanking you in advance;
Yours Very Truly
S. E. Dauchy S.E. Dauchy
205 Benson Place
Westfield N.J.

BOUNTY LAND WARRANT RECORD CARD*
NAME Burnett George GRADE Private LINE Pennsylvania
WARRANT NUMBER 8944 ACREAGE 100 ISSUED August 31, 1791 To Dudley Woodbridge, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.