Revolutionary War Pension and Bounty Land Warrant Application File S. 859, David Burnet, New Jersey

SERVICE
NUMBER
New Jersey
Burnet, David
S 859
carded
CONTENTS

New Jersey 9886.
David Burnet
of Chatham in the State of N. J. who was a private in the Company commanded by Captain Brookfield of the Regt. commanded by Col. Spencer in the Militia line for
17. mo 10 days - N.J.
Inscribed on the Roll of N. J. at the rate of 57. Dollars 17. Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 day of June 1833. and delivered Dr. Condit - present
Arrears to the 4th of March 1833 - 115 54. Semi-ant. allowance ending 4 Sept. " - 28 83
$ 144. 57.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. Francioni Clerk, Book E. Vol. 3 rd Page 102.

Declaration of David Burnt.
N o 3120
Service at Signal gen Vandefield Town dis alld
adm t
17/10/00

State of New Jersey Morris County ss Personally appeared in open court Jacob Wood who being duly sworn according to Law - who on his oaths saith that he was well acquainted with David Burnet who is making application for a Pension under the act. Passed June 7 th 1832 as well knowing the said David Burnet being in the Revolutionary War, during with him at different times in the Service & I very believe from the whole of the time the said Burnet was out in the defense of his Country to be two years and upward -
Sworn and subscribed
Jacob Wood
This 30 th day of July 1832
The above Dep't Jacob Wood, is not known to me personally, but he has the character of a respectable man, & is, as I believe, considered to be worthy of belief.
William Britton
Lewis Condict, one of the Reps. from N. Jersey.
17 th Jan. 1833.
Wm. Britton is well known to me, to be a Justice of peace in Morris Co. N. Jersey, & the above signature of his name is genuine, Lewis Condict, one of the Reps. from N. Jersey.

DECLARATION, IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF NEW-JERSEY, } County of Morris } ss.
Morris Com. Pleas, July Special term 1832.
On this 30th day of July 1832 , personally appeared, in open court, before the judges of the court of Common Pleas
now sitting, David Burnett a resident of Morris town, Chatham , in the County of Morris and State of New-Jersey , aged 77 years, next May, 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, and served as herein stated:
He never served in the regular army, but did perform Militia duty at various times & places. His first tour of duty was as nearly as he can remember in the year 1775. in the spring of the year, was ordered out by his officers, under Capt. Jacob Spencer  Brookfield , then Deponing then living in Essex County N. Jersey. - Colonel James  Smith of Elizt. town then commanded the Regiment. Genl. Williamson the Brigade. We were stationed mostly at Elizt. town, guarding the lines & inhabitants from plunder by the enemy & the refugees & Tories. We had a smart skirmish with the enemy at Springfield, when the ground was frozen, probably in Nov. of the same year, or in December. We were discharged on parole by our officers & went home some time in December, & remained at home the rest of the cold season. - In the spring of 1776 - probably April, was called out again by same officers, viz: Brookfield Captain, Smith & Thomas were in command of the Regiment. - Were stationed between Elizt. town & the Point, building forts, pickets - guarding the shores from invasion & the inhabitants from deprivation & plunder. - We remained during the spring & summer on this duty at various points - was there when Genl. Washington retreated with his army thro' the Jerseys in what was called the "Middlegrounds". - Were dismissed on parole, about Christmas & went home for the season. I omitted mentioning that in 1775, at the skirmish at Springfield, Col. Spencer  Smith commanded the whole detachment. This was several years before the battle in which Springfield was burned. In the year 1777, I was sick nearly the whole year, had the small-pox, which made me almost blind, & I also had the ague & fever, which prevented me from duty that year. - In 1778 I was again out on duty in or about the month of May, under Capt. Joseph Horton & Col. Smith, was engaged in the same duty as before, stationed at Elizt. town - guarding the lines & the inhabitants from plunder. We served out this month & were on parole discharged & went home. We were out on several short tours, sometimes for a week, - or a fortnight, & at other times for shorter periods, upon alarm given. I was at the skirmish at Connecticut Farms when that village & Church was burnt, which was in 1780 as I believe.

A large Cannon, probably an 18 double fortified pounder was placed on the mountain west of Springfield, near Morris County line, as an alarm gun for a signal, & a rallying point in times of invasion & danger. I had this gun in my charge during the winter of 1776-7, & according to order frequently fired it for the purpose of summoning the Militia of the neighbouring Country. Capt. Jacob Brookfield was my Capt. during the two first years, & Capt. Joseph Horton the rest of the time. And my Colonels as before named.
I verily believe that I faithfully served my Country in active duty, for the period of two years at the least, & I believe for a longer time, if the whole could be accurately known.
Jamies Wood, of Essex County was with me in service in 1775 & 1776 but is now dead. His son Jacob Wood, now living saw me in service, probably in 1775 & 1776 & I would refer to his testimony. I have been well acquainted with Colonel William Butler & James Wood Esqrs. now both of them Judges of the Court of Common Pleas of Morris County, & would refer to them for my character as to truth & standing in society.
From the long period which has elapsed, & from the frailty of my memory, I may have in some cases mistaken the year, & sometimes the month, when the services were performed, & if so, I hope it may be set down to my forgetfulness.

New Jersey Morris County } ss.
Be it known that on this 2 nd day of May, 1833, before the subscriber, a justice of peace in for said County, personally came David Burnet of Chatham in said County, aged 77 years, to me well known as a man of truth & good standing in society, & being duly sworn, saith that he is the same David Burnet, who on the 30 th July last, 1832, made his Declaration under oath, before this Court, of Common Pleas in this County, in order to obtain the benefit of the act of 7 th Jan y 1832, which Declaration having been examined at the War Department, has been objected to & returned because "the periods of the war when the service was rendered, & the length of the service itself, is not stated so definitely, as to enable the Department to determine, to what amount of pension he is entitled." — He has since making that Declaration, reflected much on the subject, & begs leave to state as precisely as his memory will allow, the periods & duration of his service. He lived, when the Revolutionary troubles first began, in Essex County N. Jersey, in Springfield township, close upon the lines which divided the British & American forces — which was often the theatre of war, & alternately in possession of the contending armies. — Hence this Deponent, & others situated as he was, was not called out in militia service in alternate months, but was kept out in constant & unrelenting duty sometimes for a period of 8 months, whilst the tours of more distant militia forces, were usually limited to one month's service. His first tour of duty was in the year 1775 as he verily believes, & according to his best recollection he was called into service not later than the middle of April, under the officers stated in his original Declaration, & performing general duty, as therein also stated, in & around Elizabeth town, continually, until the middle of December following. — His 2 nd tour of duty was in 1776, & began the middle of April & continued as above stated, throughout the summer & fall, till Christmas following, — say, 25 th December. The names of his officers, & the nature of the duty performed, & the places where stationed, are all detailed in his original Declaration, & to that he respectfully refers the Commissioner of Pensions, deeming it not necessary to be repeated here. His 3 rd tour, was for one month, in 1778, which he served out under Captain Horton & Col. Smith, in the month of May — for the duty performed & station, he again refers to his original declaration. His short tours, comprising from 5 days to 3 weeks at a time, performed in different years & months, upon sudden alarms & emergencies, he is confident won't amount in the whole of them to more than three months — but for the sake of keeping within the known limits of truth, he will call it three months. He conscientiously believes, according to the best of his recollection & belief that he served faithfully in the tours & periods above stated, not less than twenty months & ten days, as a private soldier, performing militia duty, & for such service he claims a pension.
The service alluded to in his original Declaration for attendance and duty at the alarm gun
_____ day of July in the year of our Lord one thousand eight hundred and thirty two
David Burnet

were of such a character, that he is at a loss how to estimate them in duration. He always considered them however, as militia duties, performed in obedience to the commands of his superior officers, & liable to be called to account for any disobedience, as for any other violation or breach of duty. He often had to perform it in the dead of night & in all weather, & in his first declaration, he supposed that he would be entitled to an allowance of nearly four months, & believes he so estimated it then. — He cannot however upon further reflection, swear or affirm positively, to any specific amount of time employed in it, but submits it, after stating its nature & the above facts, to the better judgment & known candor of the Secretary of War & the Commissioners of Pensions, for such allowance as to them shall seem reasonable & just. He has taken pains to enquire for living witnesses to his revolutionary services, but has found no other, than Jacob Wood, whose affidavit was attached to his first declaration. He never rec d . a written discharge, as he believes, nor has he any documentary proof of his service, except the before stated affidavit. For many years, there was no Glycerian settled in the Parish of Bottle Hill, to which congregation he belongs. The Rev d . Mr. Aims is now settled there, & has been there about 6 months, but coming there an entire stranger, he knows nothing personally or by tradition, of the Revolutionary services of this Deponent.
Sworn & subscribed before me, at Morris town, May 2 d . 1833.
Charles Freeman J. Pease David Burnet
I hereby certify to the Secretary of War & Commissioners of Pensions, that Charles Freeman Esq r . before whom the foregoing Deposition was taken, is a Justice of Peace in the County of Morris, duly authorized to administer oaths, & that the signature of his name thereto is genuine.
Morris town, N. Jersey, 2 d . May 1833.
Lewis Condict, late a Rep r . from N. Jersey.

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State, is not on that of the Agency of the State of New Jersey.
Sworn to, and subscribed, the day and year aforesaid.
William Britton
Silas Lindley
David Burnet
We, William Britton, & Silas Lindley Esqrs. Judges of the Morris Com. Pleas, in residing in the County of Morris & State of New Jersey, hereby certify, that we are well acquainted with David Burnet who has subscribed and sworn to the above declaration, that we believe him to be about 77 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.
William Britton
Stephen Dail
Silas Lindley
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 William Britton  and Silas Lindley who has signed the preceding certificate, is a resident in the Township of Chatham in the County aforesaid, and that William Britton  Silas Lindley who has also signed the same, is a resident in the County of Morris and are credible persons, and that their statement is entitled to credit
Stephen Dail
I David Day Clerk of the Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Burnet for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office, this thirtieth day of July in the year of our Lord one thousand eight hundred and thirty two
David Day

New York
INVALID.
File No. 859
David Burnet, Pro. N. J. Mil.
Act: June 7. 1832.
Index:—Vol. A , Page 49
[Arrangement of 1870.]
✓

David Brunt
✓ 1
adm. [Signature]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
David Burnt which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No - Vide Quere 5 - VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
No service can be allowed not fit for the service according to the Regulations — See last clause of this Query

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn 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.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, 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.

BOUNTY LAND WARRANT RECORD CARD*
NAME Burnet, Ebenezer GRADE Private LINE New York
WARRANT NUMBER 6779 ACREAGE 100 ISSUED Sept. 3, 1790 to — not shown —
*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.