Revolutionary War Pension and Bounty Land Warrant Application File S.29675, Ephraim Burnell, Mass.

SERVICE
NUMBER _____
Kass.
NUMBER Dumelk, Ephraim S. 29675 or Ephraim!
CONTENTS

10.066.
Massachusetts
Ephraim Burnell of Hamp in the State of Mass who was a Private in the company commanded by Captain Banister of the regt commanded by Col Wells in the Mass line for 8 (May 15) Days
Inscribed on the Roll of Mass at the rate of 28 Dollars 32 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 19 th day of March 1833 and sent from D. C. Bates Northampton Mass Arrears to the 4th of March 1833 $56.64 Semi-ant. allowance ending 4 Sept " 14.16 $70.80
{ Revolutionary Claim. { Got June 7, 1832.
Recorded by J. H. S. Blair Clerk Book 8 - Vol. 2 nd Page 4.

N o 4,355
Ephraim Bunnell
Private
8 Months 15 Days
Alb
Notches not Cash to be Credited
Nov 24 1832
Hon J B Bates
Northampton
Mass.
26.66 1.66 32 $28.32
C. P. Huntington
Northampton
Mass

BRIEF in the case of  Ephraim Burnett of the County of Hampshire in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court,  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1777 May — 2 — As a Drafted Gen. Col. Wells, Capt. Banister   " Aug. — 3 15 Private Col. Woodbridge, Capt. Warner   '79 Autumn — 3 — ditto Col. Chapin, Capt. Clapp —  
 5. In what battles was he engaged? Lake George landing  6. Where did he reside when he entered the service? Chesterfield  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Depositions  8. Are the papers defective as to form or authentication? and if so, in what respect?  No O'Leary's Certificate 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Bell Examining Clerk.

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF Worcester , ss. Hampshire
ON this twentieth day of Aug t 1832 in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before me Samuel Hine  Esq. Judge of Probate now sitting Ephraim Burnett a resident of Cummington in the County of Hampshire and Commonwealth of Massachusetts, aged Seventy two 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 act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
I Ephraim Burnett of Cummington aforesaid was born at Dudley in the County of Worcester and Commonwealth of Massachusetts July 27th 1760, now being seventy two years of age. I removed from Dudley aforesaid with my parents when two years of age, to Chesterfield in the County of Hampshire and Commonwealth aforesaid, where I resided nineteen years; then in Goshen in the County of Hampshire and Commonwealth aforesaid, three years and the remaining forty eight years of my life I have passed in Cummington aforesaid. All my services in the Revolutionary war were performed while an inhabitant of Chesterfield aforesaid, and amount to about eight and a half months. I first entered the army of the revolution by being drafted, for two months, from the militia into a company commanded by Capt. Christopher Banister, and Regt. by Col. Wells, in the fore part of May 1777, to go to Ticonderoga, and on our way passed through Bennington Vt. and Whitehall N.Y. and were in the retreat before Burgoyne's army, and was dismissed the fore part of July 1777. I next entered the service of my country by an enlistment for three and a half months into a company commanded by Capt. Joseph Warner, and Regt. by Col. Woodbridge, about the middle of August 1777, and marched from Chesterfield in the County of Hampshire, to Bennington Vt. where we arrived soon after the defeat of the enemy at that place under Col. Baum, from thence through Paolet Vt. to Lake George Landing where we took the said Landing and captured about four hundred and fifty of the enemy prisoners, from thence back through Paolet Vt. to Stillwater N.Y. where we arrived a few days before the decisive battle with Burgoyne, followed him and his retreating army to Saratoga, and immediately after the surrender of Burgoyne, marched to White Plains N.Y. and remained there until dismissed from service near the first of December 1777. I next entered the revolutionary army by enlisting, for three months into a company commanded by Capt. Clark and Regt. by Col. Chapin. I believe in the Autumn of 1779, and marched through Glaverack to Albany N.Y. where we remained until we were dismissed from service, I think a few days before the expiration of the said three months. I have no official record of my age. I have never received any written discharge. I am known in my present neighbourhood to Rev. Moses Hitchcock of Plainfield and Nehemiah Richards Esq. of Cummington aforesaid. I have never received any written discharge.
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.
Sworn to and subscribed the day and year aforesaid. Ephraim Burnett
Before me Samuel Hine  Esq. Judge of Probate for sd. County

We _____ a Clergyman residing in the _____ and residing in _____ 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 we concur in that opinion. Sworn and subscribed the day and year aforesaid.
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that  Albion Samuel Hinckley Judge of Probate  who signed the preceding certificate, is a clergyman, resident in the  and that who has also signed the same is a resident in the credible person, and that their statement is entitled to credit.
I Saml F. Lyman Register, Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ephraim Burnell for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of office this twentieth day of August in the year of our Lord eighteen hundred and thirty two.
Saml F. Lyman Register
NO 24 355 Ephraim Burnell
Declaration
Dec. of E. Burnell

29675 Rev  INVALID.
File No. 29675-
Ephraim Burnell His Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 59
[Arrangement of 1870.]

We Joseph Denson of Goshen in the County of Hampshire in the State of Massachusetts having arrived to the age of Seventy six years and Caleb Puckara of Litchfield in the County of Franklin in the State aforesaid having arrived at the age of seventy two years testify and declare that we were personally knowing of Ephraim Burnell of Cummington in the County of Hampshire entering the Militia service of the State of Massachusetts for the term of three months and a half that we marched from the County of Hampshire in the Month of August 1777 to Bennington in the State of Vermont from thence to Pawlet in said State from thence to Lake George landing there back to Pawlet thence from Pawlet to Stillwater in the State of New York and thence to Saratoga near the time of the surrender of Gen Burgoyne from thence we marched to White Plains in New York and remained there until we were discharged not far from the first of December 1777 Cummington August 8 1832
Joseph Denson Caleb Puckara
Hampshire ss August 8 1832 Personally appeared Joseph Denson and Caleb Puckara signers of the above affidavit and made solemn Oath to the truth of the above statement by them subscribed before me
Elphatet Puckara Justice of the Peace
Hampshire ss Dec 13 1832 I hereby certify that Joseph Denson and Caleb Puckara signers of the above affidavit are credible persons
Elphatet Puckara Justice of the Peace

Commonwealth of Massachusetts
Hampshire.
I, Solomon Sturdivant, Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire, do certify that Eliphalet Packard Esquire whose signature is affixed to the within certificate was at the date thereof one of the Justices of the Peace, within the said County, duly commissioned, and acting under the Authority of the Commonwealth - and that full faith and credit is and ought to be given to his acts and attestations done in that capacity - and that the signature to said certificate is known by me to be the hand writing of the said Eliphalet Packard.
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty two.
S. Sturdivant Clerk
Joseph Johnson Esq. Pals Parkman Esquire for L. Burnham

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ephraim Bunnell which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he resides? yes
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? yes
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? yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1852? yes
VIII. Has the Court given their opinion? yes
EXPLANATORY NOTES
IX. Has the Clerk given his certificate? yes
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? yes

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? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
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? No
And is the official character and signature of the magistrate certified by the proper officer under his seal of office? yes
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? yes
XVI. † Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes.
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. 4355 Ephraim Burnell
C. P. Huntington Northampton Mass

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 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 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.

Blackak Staff Aspiravit

I Obadiah Skiff of Williamsburgh in the County of Hampshire and State of Massachusetts having arrived at the age of twenty six years testify and declare that I was personally knowing to Ephraim Burnell entering the service of the State of Massachusetts as near as I can recollect in the fall of 1779 for the term of three months that the said Burnell marched in company with me to Albany by the way of Claverick that we were then attached to the Regiment under the command of Col Chapin of Hartsdale in the County of Hampshire and the company under the command of Capt Clapp that we tarried at Albany until we were discharged and as your deponent believes some days previous to the expiration of the three Months Connington August 6 1832 Obadiah Skiff
Hampshire ss August 6 1832 Personally appeared Obadiah Skiff and made solemn oath to the truth of the above statement by him subscribed before me Elphalut Packard Justice of the Peace Hampshire ss Dec 13 1832 I hereby certify that the above deponent Obadiah Skiff is a credible person Elphalut Packard Justice of the Peace Commonwealth of Massachusetts
Hampshire ss
I Solomon Stoddard, Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire, do certify that Elphalut Packard Esquire whose signature is affixed to the above certificate was, at the date thereof, one of the Justices of the Peace, within and for said County duly commissioned and qualified, under the authority of this Commonwealth - and that full faith and credit is, and ought to be given, to his acts and attestations done in that capacity and that the signature to said certificate is known by me to be the hand writing of the said Elphalut Packard
In testimony whereof I have hereunto set my hand, and affixed the seal of the Court of Common Pleas for said Commonwealth this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty two
S Stoddard Clerk
N B B O

Rev Moses Hallock
Affidavit
E Burritt

I Moses Hattock of Plainfield in the County of Hampshire and Commonwealth of Massachusetts do testify and say, that, having been a soldier in the revolutionary war, I am knowing to the services of Ephraim Burnett of Cummington in said State and County, performed in the same war, viz. He did service for two months in a company commanded by Capt. Christopher Banister, and Regt. by Col. Wells at Ticonderoga beginning the eighth day of May 1777 and he was dismissed the ninth day of July of the same year
Moses Hattock
State of Massachusetts County of Hampshire } ss
Plainfield in said County August 11th 1832 then personally appeared the Rev. Moses Hattock and made oath to the truth of the foregoing deposition by him subscribed before me
one of the Justices of the Peace in and for the aforesaid County of Hampshire
Jeremiah Richards
Commonwealth of Massachusetts Hampshire ss
I Solomon Stoddard Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire do certify that Jeremiah Richards Esquire whose signature is affixed to the above certificate was at the date thereof one of the Justices of the Peace within and for said County duly Commissioned and acting under the authority of this Commonwealth - and that full faith & credit is, and ought to be given to his acts and attestations done in that capacity - and that the signature to said certificate is known by me to be the hand writing of the said Jeremiah Richards
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty two -
S. Stoddard Clerk

Rev, Moses Hallack for E. Burnell
Hampshire St. December 14th 1832.
I hereby further certify that the within named Moses Hallack who made the within affidavit before me is a man of undoubted truth and veracity
Jeremiah Richards } Justice of the Peace

Commonwealth of Massachusetts County of Hampshire
I Zebulon Wilcott of Goshen in said County on oath testify and say Ephraim Burrell of Cummington in said County of Hampshire was in the war of the Revolution at Tienderoga in the year 1777, entered the service in May of that year and served two Month in a company commanded by Christopher Banister Regiment by Col. Wells believe he had no written discharge the road was called and dismissed from service. The means by which I was acquainted with his services were by being in the same company at the same time with him
Zebulon Wilcott
Commonwealth of Massachusetts County of Hampshire August 2nd 1832.
Personally appeared before me Nehemiah Richards one of the Justices of the Peace in and for said County of Hampshire Zebulon Wilcott and made oath to the truth of the foregoing declaration by him subscribed
Nehemiah Richards
Hampshire ss. December 14th 1832
I hereby further certify that the above named Zebulon Wilcott who made the above affidavit before me is a man of truth and veracity Nehemiah Richards Justice of the Peace

Lebelon Wilcott for E. Burnell
Lebelon Wilcott Official E. Burnell

Commonwealth of Massachusetts
I Solomon Stoddard Clerk of the Superior Court of the Commonwealth for the County of Hampshire do certify that Nehemiah Richards Esquire whose signature is affixed to the within Certificate was at the date thereof one of the Justices of the Peace within and for said County duly Commissioned and acting under the authority of the Commonwealth. - and that full faith and credit is and ought to be given to his acts and attestations done in that capacity. and that the signature to said certificate is known by me to be the handwriting of the said Nehemiah Richards
In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this fifteenth day of August in the year of our Lord one thousand eight hundred & thirty two
S Stoddard Clerk