Revolutionary War Pension and Bounty Land Warrant Application File S. 17310, Lewis Burton, Conn.

SERVICE
NUMBER
Conn.
Burton, Lewis
S. 17310
CONTENTS
carded

1891 Sept 10 H E Burton Ruston Pnat
17859
Connecticut
Servis Burton Number in the State of Conn who was a Re. & Sgt in the Conn commanded by Captain _____ of the Regt commanded by Col Swift in the Conn line for 17 mo 6 mo
Inscribed on the Roll of Conn at the rate of 87 Dollars 12 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Septm 1833 and Cent. Leon G. Thompson. Fairfield Ct
Arrears to the 4th of September $ 219 80 Semi-ant. allowance ending Mar 4 - 43. 56
$ 263.36
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Ed Bullock Clerk. Book 6 Vol. 3 Page 32
176.24 23.46 49.80

State of Connecticut, } ss. County of Fairfield, }
Bridgeport
On this 25 th day of July 1832 personally appeared, in open Court, before the Court of Probate for the District of Stratford
now sitting, Lewis Burton a resident of the town of Trumbull — in the County of Fairfield, and State of Connecticut, aged seventy — years, who being first 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. viz.
In the early part of the month of March 1779 I entered as a volunteer in the company of guards stationed at Stratford in said County of Fairfield, commanded by Capt. Ebenezer Swift Lieutenant Samuel Patterson, deceased, and served constantly & faithfully in said company nine months, and was discharged in December of the same year — during which time I received pay & rations from the State of Connecticut under whose authority said company was raised. — In the beginning of March 1780, I enlisted in the continental army in the company commanded by Capt. Hall, in the Regiment of Col. Heman Swift, in the Connecticut Line, and immediately afterwards I joined said company & Regiment at Nelson's Point opposite West Point on the North River, soon after which I was selected & detached by Baron Steuben for the Division of Light Infantry under the command of Marquis La Fayette. The company to which I belonged continued through the campaign under the command of the said Capt. Hall & Col. Swift, and I served therein faithfully nine months, the term for which I enlisted and was regularly discharged in December of that year, and received a written discharge signed by the said Col. Heman Swift, which I have lost — Shortly after I joined the Light Infantry as aforesaid, the Regiment was in was ordered into the State of New Jersey, and we marched through different parts of that State, among other places I remember we went to Hackensack, where I think Genl. Poor was buried under arms, and made a forced march to Elizabeth-town-point and at another time we were ordered to Bergen Point opposite the City of New York on a foraging party where we took and brought off cattle, forage &c, although that place was in the possession of the enemy — I remained with the United States army in New Jersey during that campaign until it was ordered into winter quarters to the Highlands near West Point, where I was discharged as above stated. I was present at the execution of Major Andre in 1780. for nine months  (in Sept or Oct) Early in March 1781, I enlisted in a company of guards, raised by the State of Connecticut & stationed at Stratford aforesaid, under the command of Capt. Robert Walker, now deceased and served therein until December of that year when I was regularly discharged but received no written discharge that I remember, & during that whole period I drew my pay & rations from the State of Connecticut — I have never been placed on any pension list, nor have I ever received any pension for my said services of two years and three months in the War of the Revolution. — I was born in Derby in Connecticut in 1762,

State of Connecticut 7. On this 2nd Day of August Litchfield County - J. 1833. Personally appeared before the Court of Probate in & for the District of Shrewsbury in said County said Boston the within named Appl- icant being first sworn further declares & says that he did serve as before stated nine months in the year 1779 in Rutland which is proved by the testimony of Asa Benjamin a Pensioner who has been allowed a pension for his service in said Guard was at the time of said service 17 years of age & one year older than said Benjamin & one year over the age at which we were liable to Military duty (which was 16) - I have in addition to the testimony of said Benjamin produced the evidence of Matthew Beers & of Nathan Brattle - who were both with me in said Guard
In relation to his 3rd Sum of nine months service in 1781 under Capt. Robert Washburn the Declarant says that he did serve said nine months & that to the best of his recollection he served six months out of said nine as a Sergeant. He is certain that he was appointed Sergeant & not less than six months before his term of service expired but the precise time he cannot state - This fact that he was Sergeant in said Guard for six months was omitted in his former declaration because it was stated by Robert Lanchild Esq. who drew said Declaration that it was not necessary to state it as it would make no diff- erence in the amount of pension - The Declarant cannot say whether or not he recd. as much as he did it is lost. He believes he had as much. The fact that he served as a Sergeant & was appointed Sergeant for not less than six months is proved by the testimony of John Brooks Esq. James Wilcox and Nathan Brattle - The Applicant served 9 months as a Private in Rutland Guard which is proved by 3 witnesses - Nine months as a Private in the Continental Army proved by Asa Benjamin. Nine months in Wallingford. 3. as a Private & 6 as Sergeant which is proved by five witnesses The Declarant enlisted into the Continental Army at the time he has stated but his name might not have been entered on the Rolls until he joined the Army at Windsor Road
Said Boston Litchfield Conn. 2 years 3 months
Lewis Boston
Sworn to & subscribed in Court this 2nd day of August A.D. 1833 And S. M. Hildreth Clerk of said Court further certify that John Brooks Esq. Benjamin witness to the original declaration and evidence list witnesses - Attest
R. S. Nichols, Clerk

I Asa Benjamin of Bridgeport aforesaid, now in Court do testify that I have well known Lewis Burton the within named applicant for a pension for nearly sixty years, and know that he served in the year 1780 nine months in the continental army in Col: Heman Swift's Regiment as he has stated in the foregoing declaration by him subscribed he and I enlisted at the same time in said Regiment, joined the army together, and were discharged at the same time in December 1780. - Asa Benjamin.
I John Brooks of Bridgeport aforesaid, now in Court, do testify that I have known the within named applicant Lewis Burton the within named applicant for a pension for nearly sixty years past, and was present at Stratford in said Fairfield County (where he at that time resided) when he the said Burton enlisted in the continental army in March 1780, and that I knew when he went into the army & when he returned home therefrom and have always understood & verily believe that he served nine months in said army under Col: Heman Swift, as stated in the foregoing declaration by him the said Lewis Burton subscribed that the said Burton also served nine months in the company of guards, in the year 1781, commanded by Capt Robert Walker as stated by him in his said declaration, during all which period I served myself in the same company - John Brooks.
I the said Asa Benjamin now in Court on being again examined, do further testify that I was in the company of guards commanded by Lieutenant Samuel Patterson in 1779 and that the said Lewis Burton served therein nine months that year, and nine months in the company of guards commanded by Capt Robert Walker in the year 1781, as stated by him in the foregoing declaration by him subscribed - that my knowledge arises from my having served with him during both those periods in said two companies. - Asa Benjamin.
The foregoing Depositions of Asa Benjamin & John Brooks subscribed & sworn to in open Court & are to be considered a part of the original proceedings in the application of said Lewis Burton & under the Seal of this Court certified by me -
R. L. Nichols, Clerk

and when I was about 13 years old, my father removed into said Stratford and resided there (except while I was in the army) until 1798 since which I have resided in the town of Trumbull aforesaid - The foregoing is a true statement of facts according to my best recollection and belief. - I have no documentary evidence to prove my services, nor witnesses conveniently to be had, except the Depositions of Asa Benjamin and John Brooks  to be found in the settlement of my account  and the Depositions are  now in the hands of the  Resolving annexed In said Capt Robert Walking company of guards, in 1781, John Benjamin was Lieutenant, & Isaac Brown was Ensign
The said Lewis Burton 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.
Sworn to, and subscribed, the day and year aforesaid.
Attest. R. S. Nichols, Clerk Lewis Burton
We, William Peel  residing in the town of Bridgeport  and Smith Tweedy  residing in the town of Trumbull residing in the same, hereby certify, that we are well acquainted with Lewis Burton who has subscribed and sworn to the above declaration; that we believe him to be Seventy years of age; that he is reputed and believed, in the neighbourhood 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.
Attest. R. S. Nichols, Clerk William Peel  Smith Tweedy
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 abovenamed applicant was a revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that William Peel who has signed the preceding certificate, is a clergymen resident in the town of Bridgeport and that Smith Tweedy who has also signed the same, is a resident in the town of Bridgeport and is a credible person, and that their statement is entitled to credit.
Attest. R. S. Nichols, Clerk Silas Mather
I, R. S. Nichols Clerk of the said Court do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Lewis Burton for a Pension.
In testimony whereof I have hereunto set my hand and seal of _____ Office, this 25 th day of July 1832.
I also certify that the Depositions of Asa Benjamin & John Brooks hereto annexed were taken subscribed & sworn to in open Court & are a part of the aforesaid proceedings & included in this certificate.
R. S. Nichols, Clerk

17.310 INVALID.
File No. 17.310
Lewis Burton
Sergt Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 54
[Arrangement of 1870.]

Middletown Conn.
May 19 th 1891
Dear Sir.
I wish to get the Record of Lewis Burton, so far as disclosed in the pension office, who died in Trumbull, Fair- field County, this State, in 1842, having been a soldier in the Revo- lution, and a pensioner under the Act of 1832, and possibly under some

previous Act Pensioning Revolutionary Soldiers.
The Town of Trum- bull was cut of out of the Town of Stratford in 1797, and Lewis Burton was probably born in Derby, this State, and the record may have shown him to have been of either Stratford or Derby.
His father, Judson Burton who died in 1805,

was also a Revolutionary soldier; and possibly a pensioner. If so, I wish to get his record also. He lived in Stratford, and Derby, and probably went into the Army in Woodbury, this State, as in the history of that town he appears as "Ensign Judson Burton." Possibly he may have lived in Woodbury when he enlisted. He died in Trumbull,

I am willing to pay the requisite fees for the information I ask for, and will be greatly obliged for any informa- tion you can give me.
Very truly Yours Henry E. Burton. Box 1015- Middletown, Conn.
To the Chief of Old War & Navy Division. Pension Department.
Henry E. Burton May 19 1891 Henry E. Burton Washington D.C. R.S.

Ret August
RECEIVED
James L. Edwards Esq. Com. of Pensions Washington
Return to P. Cannehael

Heirfield Aug. 3. 1888.
Sir,
In compliance with the request of Lewis Burston, I herewith transmit his application for a pension. His supplementary declaration and additional affidavits seem to render his claim for services as a sergeant and a private incontrovertible. As, at the time of his "first term of service", he was "seventeen years of age"; and as he was legally subject to enrollment, in the Militia of Connecticut, when seventeen years old, I am not able to understand the propriety of the allegation, in the accompanying "brief", that the "applicant was too young to be liable to the performance of military duty". Having, on inquiry, been unable to find Mr. Burston's

papers, last winter, at the printing office, and Asa Benjamin and John Brooks who served with him having some time since been allowed pensions, I am the more desirous that his case may be considered & decided as soon as practicable, so that he may be relieved from the anxiety which, under such cir- cumstances, the suspension of his claim has naturally occasion.
I am very respectfully, Yours obedt Servt.
G. Tomlinson
J. L. Edwards Esq.

1773
Lewis Panton
Trumbull
Camb
66 288 57.12 30
17 m o 6 deg p.m.
6 m o deg
$ 87.12
King Toadman

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Levi Brum 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 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
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.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.
At the period of 1 st  year of service applicant was too young to be liable to the performance of military duty - That part of his service must be proven in the manner set forth above, & it must be clearly & satisfactorily shown that these were circumstances in the case under review as an exception to the general rule -
On examination it appears that by the rolls of Col. Snipes Regiment that the service of therein was but for 5 mo 24 days, instead of 9 months

State of Connecticut
Fairfield County fore this 2 day of August 1833 Personally appeared before me the Court of Assizes for Naugatuck District John Preston of Bridgeport well known to said Court to be a credible Witness & being sworn testifies & says that in the month of March 1781 he enlisted at Naugatuck in Connecticut for nine months into a Guards & commanded by Capt. Peter Walker Stationed at Naugatuck on Long Island Sound. & served in said Guard nine months constantly. That he is well acquainted with Lewis Branton Esq of Humboldt & that said Branton served in said Guard said nine months with the Deponent. The Deponent recollects pre- cisely that said Branton was appointed a Sergeant in said Guard & served as such to the best of his recollection not less than six months . Said Guard were under strict discipline & the Deponent has a perfect recollection that said Branton served in said Guard nine months . The
John Preston
On the day & year aforesaid appeared before said Court Matthew Bous of the Town of Naugatuck well known to said Court to be a credible Witness & being sworn testifies & says that in the fore part of April 1779 he enlisted into a State Guard Stationed at Naugatuck in Connecticut on Long Island under the command of Samuel Roots and served in said Guard eight months said Guard was under strict discipline & in constant service & the Deponent no other bearing

The Deponent is well acquainted with Lewis Pulton of Fumbull & recollects perfectly that said Pulton was a soldier in said Guard & served as a Private therein dur- ing the whole time the Deponent did which was eight months. The Deponent enlisted in April 1779. Asa Benjamin of Bridport a Pensioner was also with me in said Guard. Said Samuel Bullouson was a Lieutenant & said Guard was under the direction of the Superior Military officers within whose limits the Guard was stationed - Col. Saml. Whitney was the Colonel - And further Deponent says not -
St. John's Cross
On the day of my examination affidavit appeared Nathan Smith of the Town of Shaford before the Court of Oyer & terminer for the said District in St. John's County until return to said Court to be a Councillor & witness. I receive from him this is to say that in March 1781 - He enlisted at Shaford for nine months into a company of Guards stationed at said Shaford on Long Island and continued on said Guard under Capt. Abiah Walcutt & served therein said Guard of nine months - He is well acquainted with Lewis Pulton of Fumbull & knows the fact that said Pulton was a Sergeant in said Guard. The Deponent well recollects that said Pulton called the Bell & his belief is that He was Sergeant in said Guard during the whole term of nine months which Deponent served therein but of that He cannot be positive as said Guard was under strict discipli- ne & in constant service - He also recollects that Asa Benjamin a Pensioner was a Drum- mer in said Guard. Capt. Walcutt & said Drum- mer Benjamin & Ensign Isaac Brown who were the officers of said Guard are all dead - Further say that Salter served in said Guard at said Shaford in the year 1779 nine months under Capt. Samuel Bullouson & En- signed said Guard in March 1779 - & perfectly recalled there said Lewis Pulton was as

Private in said Guard & served therein with me nine months) also Nathan Baws of Shagford
William Blunt ✓
On this 2 nd day of August 1833 Depon- ally appeared before said Court Ephra- im J Wilcoxen of the Town of Shagford well known to said Court to be an credible Witness & being first sworn testifies & says that he is well ac- quainted with Lewis Burlow now present & served with him 48 months in the year 1814 in Capt Robert Matthews Guard of Connecticut State Troops State- and other Guard Guard at said Shag- ford. The Deponent enlisted into said Guard served in said Guard from about the middle of July per the first of December I was a Substitute for Ephraim Wilcoxen. The Deponent well remem- bers that said Lewis Burlow was a Sergeant in said Guard & served as such during the whole time depo- nent was in the same. He was in said Guard when Deponent joined it All the officers of said Guard are dead Asa Bryan in new December in 5 th Guard
Ephraim J Wilcoxen ✓
The above Depositions of Ephraim J Wilcoxen William Blunt Matthew Baws & John Brooks Subscribed & sworn to in Court on said 2 nd of August 1833
Attest
R. L. Nichols, Clerk

Lewis Benton Humboldt Conn.
J. J. Schulte Clerk