Revolutionary War Pension and Bounty Land Warrant Application File S. 12401, Thomas Burch, New York

SERVICE
New York
Burch, Thomas
NUMBER
S. 12401
CONTENTS
carded

20.251 New York
Thomas Burch
Residing in the State of New York was a private in the 1st Regt - commanded by Captain Martin of the 1st Regt - commanded Col. Hays - in the New York for 6 mos.
Died 3 rd August 1837 Letter to Hon. S. S. White 11. May 1838. Paid at the Treasury under the Act of the 6. April 1838 from 4 Sept 1833 to the 3 rd August 1837 the day of said Pensioner's decease. Agent notified 26. June 1838.
Described on the Roll of New York the rate of 20 Dollars - Cents per annum commence on the 1 st day of March, 1831.
Certificate of Pension issued the 13 th day of Aug. 1833 and due to F. A. Osborn Mayville
trans to the 14th of Dec. 33 $ 40 mutant allowance ending 4 Sept '33 10 $50
Recorded by Geo. C. Hays Revolutionary Claim, } Ad. June 7, 1832. } Clerk. Book 6 Vol. 3 Page 47

Declaration & Proof of Ph. Burch
Jan 4 8 35
A Pension under act of June 7, 1832
New York Militia etc.
J. A. Bhoru Agent Mayville Cham. Co. N. York
Service under Stages as battery man & etc. per inact and of law mills - not provided for & therefore disallowed
Amount
6 mo. pri
20 $
Approved

Declaration in order to obtain the benefit of the act of Congress, passed June 7, 1832.
State of New York } Chautauqua County ss.
On this 12 th day of October 1832, personally appeared in open court, before the Judges of the court of Common Pleas, in & for the county of Chautauqua, now sitting, Thomas Burch, a resident of the town of Ripley in said county, aged seventy seven years, on the twenty fifth day of February next, 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, 1832. That he entered the service of the United States, under the following named officers. That in the year 1776 he resided in Schaghticoke, then Albany, now Rensselaer County on the then frontier northern settlements of the state. That the country was infested with Indians, Tories & Refugees. That the inhabitants were "few & far between" & that throughout the whole of the Revolutionary contest, they had almost constantly to stand by their arms. Early in the season of 1776, Declarant, & the other whig inhabitants of the place, formed themselves into a military association, for their protection & the annoying of the enemy, & agreed to keep one company constantly in the field, & for this purpose every inhabitant was to arm & equip himself & do duty in the company alternately, a fortnight at each time. Under these regulations, declarant was out through the summer & fall of 1776, about every other fortnight, & marched a number of times to Fort Miller & Fort Edward, & through Stillwater, & Fish Creek to what was then called Palmestown, & to various other places in the vicinity of Schaghticoke, from which danger was apprehended. That on these expeditions, sometimes one inhabitant commanded the company & sometimes another, some serving as captain but once or twice, both he & others several times. That he believes he was engaged in actual service the summer & fall of this year at least three months. That he recollects among the captains of the company Peter Martin, & he thinks Elias Golden. That he believes, that Col. McCracken commanded the Regiment & Maj. Blair was with them .
In March 1777 Declarant, still residing in Schaghticoke, went to Stillwater in Saratoga & enlisted in a company of bateauxmen, under Capt. John Varney in Col. Hays regiment, in the New York Line under Genl. Schuyler. Declarant always supposed that his services in this company was in the Continental Troops, & that the returns of the Regiment was never made by Col. Hays, whose papers were destroyed, by fire, but he has received information from the War

Department, in answer to an application for a Pension under the law of 1818, that the company belonged to the New York Militia. He enlisted for the period of nine months, & on the 1. day of April 1777, joined his company at the Barracks in Saratoga, & remained there, until about the middle of that month, he went by the orders of Genl. Schuyler to the General's mills on Fish Creek in Saratoga, & took charge of the said mills, & continued there sawing lumber for the American Army, until about the middle of August thereafter, when an express was sent for declarant, to come to Gen. Schuyler's house, about a mile & a half from the mills. That he went immediately down, & not seeing the Gen. enquired for him of Mr. Schuyler, who said that he had walked down the Creek towards the River. That declarant, went as directed & found the Genl. who ordered him to return to the mills, take out all the irons & bury them under a coal pit bed near the mills, as he expected the enemy would come & burn the mills. While yet in conversation a General Officer, came suddenly up to them, & apparently in much anger drew his sword, & flourishing it over Genl. Schuyler's head, told him that unless he left the country, in fifteen minutes he would be a corpse. Schuyler said not a word to the officer, but pale & agitated turned to De. clarant said "Well do as I directed you," & in a hurried manner left the ground & went immediately to Albany. The whole scene, so strange & inexplicable, made a deep impression on declarant's mind. He could never ascertain who the officer was, who made the threat, but soon learned that Ticonderoga had been abandoned by St. Clair, & that Schuyler himself had retreated from Fort Edward, & was suspected of treachery to the cause of his country. Declarant went to the mills, took out & secreted the irons as directed, & immediately joined his company at Stillwater. While there, an alarm was given that the enemy was near, & declarant & his company were furnished with muskets & ammunition & marched up the river, until they ascertained that the enemy was not near them, when they were ordered to return to their tents. They remained a few days at Stillwater, then went on to Van Schaick's Island, where the main army was encamped. Soon after they went on the Island, Genl. Gates took command of the troops in the place of Genl. Schuyler. In a short time Genl. Gates, advanced north with the army, & declarant's company was ordered to go to Half Moon Point, where their quarters continued, but they were employed in boating between that place & Albany, taking up liquors

Department, in answer to an application for a Pension under the law of 1818, that the company belonged to the New York Militia. He enlisted for the period of nine months, & on the 1. day of April 1777, joined his company at the Barracks in Saratoga, & remained there, until about the middle of that month, he went by the orders of Genl. Schuyler to the General's mills on Fish Creek in Saratoga, & took charge of the said mills & continued there sawing lumber for the American Army, until about the middle of August thereafter, when an express was sent for declarant, to come to Gen. Schuyler's house, about a mile & a half from the mills. That he went immediately down, & not seeing the Gen. enquired for him of Mr. Schuyler, who said that he had walked down the Creek towards the River. That declarant, went as directed & found the Genl., who ordered him to return to the mills, take out all the irons & bury them under a coal pit bed near the mills, as he expected the enemy would come & burn the mills. While yet in conversation a General Officer, came suddenly up to them, & apparently in much anger drew his sword, & flourishing it over Genl. Schuyler's head, told him that unless he left the country, in fifteen minutes he would be a corpse. Schuyler said not a word to the officer, but pale & agitated turned to Declarant & said "Well do as I directed you," & in a hurried manner left the ground & went immediately to Albany. The whole scene, so strange & inexplicable made a deep impression on declarant's mind. He could never ascertain who the officer was, who made the threat, but soon learned that Ticonderoga had been abandoned by St. Clair, & that Schuyler himself had retreated from Fort Edward, & was suspected of treachery to the cause of his country. Declarant went to the mills, took out & secreted the irons as directed, & immediately joined his company at Stillwater. While there, an alarm was given that the enemy was near, & declarant & his company were furnished with muskets & ammunition & marched up the river, until they ascertained that the enemy was not near them, when they were ordered to return to their tents. They remained a few days at Stillwater, then went on to Van Schaick's Island, when the main army was encamped. Soon after they went on the Island, Genl. Gates took command of the troops in the place of Genl. Schuyler. In a short time Genl. Gates, advanced north with the army, & declarant's company was ordered & went to Half Moon Point, where their quarters continued, but they were employed in boating between that place & Albany, taking up ligions

provisions & baggage for the army, & after the battles at Saratoga & Bemus Heights taking down sick & wounded prisoners, until some time in November, when they were ordered to take their boats to Albany & lay them up, & then went to rafting lumber from Schaghticoke to Albany, & continued rafting until about the middle of December, when they went to cutting wood for the barracks near the Cohoes Falls, when on the 1. day of January 1778 they were called together in Albany & dismissed in the manner that militia companies are usually dismissed from parade. That although declarant enlisted as a teamsmen, yet he considered himself bound to render military, or any other service to the common cause, on the order of his superior officers.
That in the subsequent years of the war, he was frequently out in the militia so often, that it is impossible for him to designate with accuracy the dates or specific periods of such services, that he hired substitutes on two such occasions, his brother Richard, on one tour, & Benjamin Bennet on another occasion, who went up to Fort Ann, he thinks in 1780, & was taken prisoner there by the British, under Carlton, & never returned again, & was believed to have died, while a prisoner, & declarant believes & has no doubt, that he served at least, for three months, in these militia expeditions after his return from the service under Genl. Schuyler. That he has no documentary evidence, & that he knows of no person whose testimony he can procure, who can testify to his services, excepting his brother Richard & Alvin Hunt, whose depositions are annexed. He hereby relinquishes every claim whatever to a pension or annuity, except the present & declares that his name is not on the Pension Roll, of the Agency of any state.
And in answer to the particular interrogations of the court now here, he says,
1. I was born in Pawling, Dutchess County, New York, February 25. 1756. 2. I have no record of my age, but a family record was kept by my father & I recollect often seeing the record of my birth, & have ever kept it in my memory. 3. I was living in Schaghticoke, when called into service, & have lived since the Revolutionary war, in Shaftsbury Vermont, one year, being the year 1783, when I moved to Springfield, Otsego County, New York, & lived there till about 1797. I then moved to Williamstown, Oneida County

when I moved to present residence was I lived till about 1816, when I moved into the town of Ripley, where I now live, & have since resided.
4. I was called into service by voluntary engagements, never having been drafted but once & never having been a substitute, but have occasionally served by substitutes.
5. This interrogatory is answered as fully in my declaration as I am able to do.
6. I never received written discharges, but was always dismissed as militia now are on parade days.
7. I am known to Elder Isaiah Z. Butler, Madison Otis & others in my present neighborhood & who I presume can testify as to my character for veracity, & their belief of my services as a soldier of the revolution.
Sworn & subscribed the day & year aforesaid.
Thomas Burch
W. W. Woodhull Judge of the Court
Samuel W. Ingraham We Isaiah Z. Butler a clergyman residing in the town of Ripley, in the county of Chautauqua, Chautauqua near the town of hereby certify, that we are well acquainted with Thomas Burch, who has subscribed & sworn to the above declaration, that we believe him to be of the age of seventy seven on the 25. day of February next, that he is reputed & believed, in the neighborhood where he resides, to have been a soldier of the revolution, & that we concur in that opinion.
S. W. Ingraham
Sworn & subscribed the day & year aforesaid
W. W. Woodhull Judge of the Court
Oliver Stetson Jr
And the said court do hereby declare 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 Isaiah Z. Butler, who has signed the preceding certificate is a clergyman resident, in the town of Ripley, & that Oliver Stetson Jr  Madison Otis who has also signed the same is a resident of the same place, & that Richard Burch & Alvin Hunt who have signed the annexed depositions, reside as therein stated, & are all credible persons, & that their statement is entitled to credit.
Judges

State of New York
Chautauqua County ss. Richard Burch of the town of Ripley in said county, aged 68 years the 9th day of August last, being duly sworn says that he is the brother of Thomas Burch named in  who has sworn to  the the annexed declaration, that he has heard the said declaration read, & is personally knowing to the truth of much of what is there stated. That deponent resided in Schaghticoke, in his father's family, & with his brother, in the year 1776, & knows of the arrangement made by the inhabitants in the spring of that year, to serve military tours of a fortnight each alternately, & that his brother Thomas  Richard was often out in that year in these parties & has no doubt that he was out from home in this service for at least as long time as he has set forth in his declaration. That he recollects, his enlisting in the battalions service under Genl. Schuyler, & re-member his being absent from home, from the last of March of that year to the first part of January thereafter; and well recollects that after he had determined to enlist, he was inoculated with small-pox  the  small-pox to avoid taking it  the small-pox in the army. That he thinks in the month of November 1779, his said brother Thomas, hired this deponent as his substitute to perform a fortnight's tour of military duty, for him. That deponent went & joined the soldiers at Palmiston, in a block house, then under the command of Maj. or Col. Blair of Cambridge, New York, & was kept on guard or fatigue every day, for till the garrison broke up for want of provisions, & deponent returned being regularly dismissed from the service. That he remembers, his brother hiring Benjamin Bennett, to serve another tour of duty, & of his taking his brother's gun & starting for Fort Ann, of his being taken prisoner by the British at that place & of never again returning to Schaghticoke, & also that the inhabitants of Schaghticoke were in continual alarm, & were often called out en masse, to protect their persons & property from the depredations of Indians, Tories & refugees during the war.
Subscribed & sworn to this 4th day of October 1832
Richard Burch
Before me Jesse Brooks S.P.

State of New York
Chautauqua County ss. Alvin Hunt, of the town of French Creek in said county, aged seventy three years in November next, being duly duly sworn says that he is well acquainted with Thomas Burch in the annexed declaration named & has known him since the year 1776, and that he has heard the preceding declaration of the said Thomas read, his personally knowing of the truth of much of what is therein stated. That he knows of the regulation adopted by the inhabitants of Schaghticoke, during the Revolutionary contest, that each inhabitant, was to serve in the field alternately, for two weeks at a time, that he was at Palmertown with the said Thomas, at the time mentioned in his said declaration, & was subsequently out twice with the said Thomas in the militia, once at Palmertown & once at Fort Edward. That the inhabitants of Schaghticoke, were in a state of continual alarm & out on military expeditions, every few weeks in defence of their persons & property until the close of the war. That he saw the said Thomas while he was in the service under General Schuyler, & has no doubt that he served under him as stated, & that he was in actual service in the militia for at least as long a period as he has set forth in his said declaration.
Sworn & subscribed
Alvin Hunt
This 8 th day of October 1832
before J. Brooks J.P.
I James B. Lowry Clerk of the court of Common Pleas in & for the county of Chautauqua, do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of Thomas Burch, for a Pension, & further that J. Brooks, before whom the preceding depositions of Richard Burch & Alvin Hunt were taken, was on the days of the dates thereof, a Justice of the Peace duly elected, commissioned & sworn, & that I am acquainted with the hand writing of such justice, & verily believe the signature of "J. Brooks J.P." subscribed to such depositions to be the own proper hand writing of such justice. In testimony whereof, I have hereunto set my hand & seal of office this 12. day of October 1832.
James B. Lowry Clerk

I hereby certify that the before names Richard Peck and Elvin Burt whose affidavits above were taken and subscribed before me are residents of the county of Chautauqua with whom I am well acquain- ted and that they are persons of good repute and credibility Mayville May 20 1833 P. Brooks D.P.
State of New York Chautauqua County } Clerk's Office
I James B. Sonny Clerk of the said County Do certify that Jesse Brooks Who makes the above Certificate was at the time of making the same an acting Acting Magistrate in & for said County and that the above Certificate by him subscribed is genuine and that the annexed application contains the original proceedings of the Court therein Witness my hand and seal of Office this 20 th day of May 1833. James B. Sonny Clerk

14,835
Thomas Burch
rejected returned to Jacob Houghton May- ville N. Yellow 16.19.
admiral
T. A. Osborne @ Mayville Chautauqua County New York

WAR DEPARTMENT,
Pension Office,
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 Thomas Burch of Ripley in the County of Chautauque - New York
   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.     1776 3 private Capt. Martin Goeden Col. Braken None To Forts Edward & Miller, Schaghticook Albany County Living Witnesses   1777 9 Priv & Sawyer & Balsame man James Hays Gen Schuyler Stillwater & Fish Creek & then New York state New York   afterwards 3 as a minute man aged 77 years Fractional Evidence  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Objection obviated by certificate of magistrate annexed.
J. A. O.

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 do hereby certify (h) that the foregoing contains the original proceedings of the Court 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) _____ 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 true and correct statement of the facts of his service.
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 (1) 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 the 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 and 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 , 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

WASHINGTON
October 30, 1931
BA-J/AWF AWF
Mr. Frank P. Burch Graham Bldg. De Soto City, Florida.
Dear Sir:
Reference is made to your letter relative to Thomas Burch, a soldier of the War of the Revolution.
The data furnished herein are obtained from the papers on file in the pension claim, S. 12401, based upon the military service of Thomas Burch during the Revolutionary War.
Thomas Burch was born, February 25, 1756 in Pawling, Dutchess County, New York.
He enlisted, while residing in Schaghticoke, Albany County, New York, and served as a private in the New York Troops, as follows- in 1776, three months under Captains Peter Martin and Colonel McCracken; from April 1, 1777, nine months in Captain John Vamee's company in Colonel Hays' regiment; after which he served at various times in the militia, amounting to about three months, no officers given.
His brother, Richard, served as his substitute in November 1779, two weeks under Colonel Blair.
Thomas Burch was allowed pension on his application executed, October 12, 1832, at which time he was living in Ripley, Chautauqua County, New York.
He had lived in Shaftsbury, Vermont, Springfield, New York, Williamstown, New York, Florence, New York,

before moving to Ripley, New York.
He died, August 3, 1837, leaving widow, Susanna. She requested that the arrears of his pension, should be sent her at Indianapolis, Indiana.
There is no further reference to widow and us and children. reference to children.
Very truly yours
A. D. HILLER Assistant to Administrator

12.401
✓ INVALID.
Per Wm
File No. 12,401
Thomas Burch
Pris New War.
at: June 7 th 82
Index:—Vol. 1 , Page 52
[Arrangement of 1870.]
1907 May 31. Visit to Miss Albert Love. aw 1926 Oct 2. Visit to Char- lotte J. Luck Spierst guy 1931 Oct 30. Visit to Frank P. Brinch aw

Chas Burch
Dec. 12401 -
Wid Susanna,
no other m.v. claim
no widows claim
" ref "
AW. May 31. 07,

Treasury Department.
Second Comptroller's Office,
June 21, 1838.
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," The widow of Thomas Burch deceased a Pensioner on the Roll of the Albany N. Y. Agency, at the rate of Twenty Dollars and — Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of Sept. 1833 to the third of August 1837, the day of said pensioner's death. Respectfully, yours,
Alison R. Parrish Comptroller
To the Commissioner of Pensions, Present.

Rep Hall
May 10. 1838
Sir — I send herewith the application of Susanna Burch widow of Thomas Burch dec? for arrearages of pension which she desires to receive at Indianapolis Ind. a
Please advise me of your decision thereon
Yr Ob Servt
Alb. H. White
J. L. Edwards Esq
Dear Sir

FRANK P. BURCH SENIOR VICE COMMANDER DE SOTO CITY, FLA.
EDWARD ANDERSON DEPARTMENT ADJUTANT HEADQUARTERS
A. J. BECKER DEPARTMENT COMMANDER P. O. BOX 1072 JACKSONVILLE, FLA.
ELLIOTT DUNN CHIEF OF STAFF POMONA, FLA.
CHAS. E. BERG JUNIOR VICE COMMANDER VERO BEACH, FLA.
JOHN H. EK DEPARTMENT QUARTERMASTER HEADQUARTERS
HEADQUARTERS DEPARTMENT OF FLORIDA
United Spanish War Veterans, Inc.
GRAHAM BUILDING Jacksonville, Florida De Soto City
October 12th, 1931
Commissioner of Pensions U.S. Bureau of Pensions Veterans Administration Washington, D.C.
Dear Sir;
Will you kindly send me the following information ?
Data concerning THOMAS BURCH, and his wife, SUSIE or SUSANNAH BURCH, who was granted a Pension while living in Ripley, Chautauqua County, N.Y., and after the death of THOMAS, his wife, was granted a Pension which she drew until her death. Thomas pension was granted in 1832, for Rev. War Service. These were ancestors of mine, and we wish this information, concerning both, so that the dates of marriage, death, births, and data concerning children may be official. The data concerning the wife will perhaps be more thorough and accurate.
sincerely,
Frank P. Burch Frank P. Burch
MARSHALL JOHN LOVE JACKSONVILLE, FLA.
INSPECTOR L. D. LACY P. O. BOX 128 STA. A ST. PETERSBURG, FLA.
RECRUITING OFFICER HARRY MILLER P. O. BOX 365 VERO BEACH, FLA.
TRANSPORTATION GEO. A. LANE 2281 N. W. 2ND. ST. MIAMI, FLA.
PATRIOTIC INSTRUCTOR GEO. W. STEWART 1044, 18TH. AVE. N. ST. PETERSBURG, FLA.
HISTORIAN J. J. CALDWELL ORLANDO, FLA.
JUDGE ADVOCATE M. B. HILTON ST. PETERSBURG, FLA.
GRAVE REGISTRATION OFFICER ED. L. GUEST NEW SMYRNA, FLA.
CHAPLAIN REV. T. H. DERRICK ORANGE CITY, FLA.
SURGEON DR. J. E. RAWLINGS 221 ORANGE AVE. DAYTONA BEACH, FLA.
CHIEF MUSICIAN FRANK GILLISH JACKSONVILLE BEACH, FLA.
FINANCE JOHN HEILICH 94 MARINE STREET ST. AUGUSTINE, FLA.
RELIEF JOHN H. EK 311 E. FIRST ST. JACKSONVILLE, FLA.

MRS. CHARLOTTE TAYLOR LUCKHURST REGISTERED GENEALOGIST 156 WESTERN AVENUE ALBANY, NEW YORK
Aug. 17. 1926
Bureau of Pensions, Revolutionary War Sec. Washington, D.C.
Thomas Burch, served in the Revolution, and was a pensioner in 1832. living in Chau- tauqua Co, N.Y.
Please may I have a copy of his applica- tion for pension,
Very truly yours,
Charlotte T. Luckhurst—

Watsonville, Santa Cruz Co., Calif.
May 11, 1907.
U.S. Commissioner of Pensions, Washington, D.C.
My dear Sir, — During the years of about 1834-35-36-37 my great grand father, Thomas Burch, was drawing a pension at La Porte, Indiana for services rendered in the Revolutionary War. At La Porte he lived with his son, Admiral Burch, who may have seen to his business.
Before coming to La Porte, Thomas Burch lived at Ripley, Chautauqua Co., New York and may have been drawing his pension at that place in about 1835.
He called his wife, Susie, so we suppose her name to have been Susan or Susanna. However she drew his pension after his death which occurred about 1837 at which time he was some years past 80. His wife died 3 or 4 years later.
If the Government has records to show this, will you kindly inform me how I can obtain these records?
Very truly yours,
(Miss) Alberta Cox.

Rev. and 1812 War Section.
October 3, 1926
Mrs. Charlotte T. Luckhurst 156 Western Ave Albany, N. Y.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim S. 12401, it ap- pears that Thomas Burch was born February 25, 17 56 65 in Pawling, Dutchess County, New York.
While residing in Schoharie, Albany County, New York, he served as a private in the New York Troops, as follows-
In 1776, three months under Captains Peter Martin, Elias Golden, and Colonel McCracken.
From April 1, 1777, nine months in Captain John Vamee's Company, Colonel Hays' Regiment.
After this he served three months in the Mili- tia, no officers stated. X
He was allowed pension on his application ex-
after Rev. lived in Shaefferstown - VX in '83 moved to Springfield Allegany Co NY in 1797 to Wall Avenue - Quechee VT Florence - 2 yrs - 1816 moved —
Rev. In 77 Rev. Pinkham served as his sub - commander

cuted October 12, 1832, while a resident of Ripley, Chautauqua County, New York.
He died August 3, 1837, leaving widow, Susanna.
There is no further data on file relative to There widow or children.
Respectfully,
E. W. MORGAN Acting Commissioner.
+ She requested that the arrears of his pen. due her be sent her at Indianapolis - Ind.

Information as contained in his (or his widow's) application for pension on a file in this Bureau.
Thomas Purcell S. 12401
   DATE OF ENLISTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776. 3 mos. Pvt. { Peter Martin Elias Golden Mr. Crankshaw N.Y.   April 1, 1777 9 " " John Varner Keays "   3 " " ✓ in the militia "  
Battles engaged in, none stated.
Residence of soldier at enlistment, Schaghticoke, Albany Co. N.Y.
Date of application for pension, Oct. 12, 1832. Her claim was allowed.
Residence at date of application, Ripley, Chautauqua Co. N.Y.
Age at date of application, Feb. 25, 1756 in Paris, Dutchess Co. N.Y. He died Aug. 3, 1837.
Remarks: Soldier's widow was named Susanna. Her brother Richard 68 years old and a resident of Ripley N.Y. in 1832 - served as a substitute for soldier 2 weeks in Nov. 1779 under Col. Blair - No further family data.
Very respectfully,