Revolutionary War Pension and Bounty Land Warrant Application File S. 21,677, Andrew Burnett, Navy R.I. (Mass.)

SERVICE
NUMBER
Navy (R.I. Mass.)
Burnett, Andrew
S. 21,677
CONTENTS

27 0 65 Rhode Island
Andrew Barnett Newport in the State of R. I. who was a Seaman in the St. Provida commanded Captain Athbone of the _____ commanded _____ in the R. I. Service time for 6 Months Navy
Enscribed on the Roll of R. I. at the rate of 24, Dollars _____ Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 8 th day of Jan. 1834 and sent to the Hon. D. J. Pearce H. R.
Arrears to the 14th of Sep 1833 - $ 60.00 Semi-ann. allowance ending Mar 31, $ 12.00 $72.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk, Book 6, Vol. 2, Page 126

26971
Andrew Barnett

State of Rhode Island so County of Newport so.
6 lines
On this seventh day of August personally appeared in open court, before the Justices of the board of common pleas now sitting at Newport within & for the County of Newport Andrew Burnett a resident of said Newport, aged seventy one years - who being first duly sworn according to law, on his oath declared as follows, in order to obtain the benefit of the act of Congress passed June 7. 1832 - That in July 1817 according to the best of his recollection, he shipped on board of the U.S. Sloop Providence of twelve guns, then lying at New Bedford, and commanded by Captain John Peck Rathbone. That at the time of entering on board said vessel, he was a resident in New Bedford, having removed from Newport to New Bedford when the British took possession of Rhode Island. He shipped on board the Providence as a seaman, and in that capacity served on board for six months. A few weeks after this applicant had shipped as aforesaid, the Sloop sailed on a cruise to the southwest, and off Sandy Hook discovered several vessels at anchor, which proved to be the ship Mary of London of sixteen guns, a brig of six guns, two schooners one of which was armed, and a British government Sloop of ten guns. They got under way and stood out to sea. The Providence came up with the ship and attempted to board her, but was obliged to sheer off, having suffered considerable injury in her sails & rigging. Having repaired damages they have to, and reengaged with the ship, and shot away her colors. Three cheers were given on board of the Providence, under the belief that the ship had surrendered; but her colors were soon hoisted again, & after a contest of about four hours from the commencement of the fight, in which George Linsley the sailing master was killed, they left the ship & stood for the other vessels, which had been firing on the Providence during her action with the ship, but at too great a distance to do her any injury. They came up with the unarmed Schooner, which they captured and sent into New Bedford. About eight or ten days after the engagement, they fell in with the wreck of a French ship, took the goods out of her, and burnt her. The Providence after

wards cruised on the Banks of New-foundland, when the only prize taken, was a Chobacco boat loaded with sea-coal and manned by two Irishmen. They then returned to New-Bedford, where after serving for six months on board of Scia sloops, this applicant was discharged. He can remember only the names of the commander John P. Rockwell, of John Barrett the commander of the Marine, of ——— Boers one of the Lieutenants, & of Robert the Boatswain. The Cook on board during the cruise herein stated, was Andrew Burnett the father of this applicant. He has no documentary evidence of his services as aforesaid, and knows of no person living whose testimony he can procure, except Captain Jacob Smith, whose deposition is hereto annexed: but he refers to the Rev. Michael Eddy his fellow townsman & neighbour & to the Hon. William G. Russell  William G. Russell for their belief of his having served as a seaman in the Navy, during the war of the Revolution. He further declares that he was born in Newport aforesaid on the thirtieth day of February A.D. 1762, but has no record of his age resided there until the British took possession of Rhode Island, then removed to New Bedford, after the Patriots abandoned Rhode Island, removed again to Newport, & has resided there ever since, except for six years, when he sailed out of New York as a seaman in the Merchant-Service. He never received any written discharge from the Naval Service: & if one was ever given, it was given to his father, who served with him as herein above mentioned. 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 & subscribed the day & year first aforesaid. Andrew Burnett Geo. B. Atkinson, B.L.K.

We, Michael Eddy of pastor of the First Baptist Church in the said town of Newport, and William Hunter both residing in said Newport, hereby certify, that we are well acquainted with Andrew Burnett who has subscribed & sworn to the above preceding dec- laration; that we believe him to be seventy five years of age; that he is reputed & believed in the neighborhood where he resides, to have been a soldier of the Revolution, & that we concur in that opin- ion.
William Hunter
Sworn to & subscribed } the day & year aforesaid } Geo. B. Mason, Clk.
Michael Eddy
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 fur- ther certifies that it appears to them that Michael Ed- dy who has signed the preceding certificate, is a clergy- man resident in said town of Newport, and that William Hunter who has also signed the same is a resident in said Newport, and is a credible person, and that their statement is entitled to credit.
I George B. Mason, Clerk of the Court of Common Pleas for the County of Newport, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Andrew Burnett for a pension. And that Benjamin B. Howland is now and was on the 3 d day of July last a justice of the Peace for the County of Newport and that his name subscribed to the annexed certificate is his true signature. In testimony whereof I have hereunto set my hand and seal of office this seventh day of August A. 1833.
Geo. B. Mason, Clk.

26971
Andrew Burnett
Seaman 600 north 109 m. 10
Ward J. Pierce W.R.
James ...
...

WAR DEPARTMENT,
Pension Office,
Nov 9 1835
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 subjjoined 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. These 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 Andrew Barnett
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1777 6 Seaman Sloop Providence Capt Rathbone 71 One witness not competent to be credible  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 _____ of the Court of _____ do hereby certify (h) 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 (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) _____, who has 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 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, (l) 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 inquiry 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 laid 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 , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that 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 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 fix 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.
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 in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Invalid
WIDOW, &c.
Navy
File No. 21679
Andrew Burnett Seaman Sloop "Providence" Rev War
Act Jan 7. 1832
Index: Vol. 2 , Page 126
[Arrangement of 1870.]
1832 Mar. 4. Heir. to Mrs. B. B. Hawthorne. Aud.

I Jacob Smith of the town and County of Newport and State of Rhode Island, seventy two years of age, on oath do declare and say, That in the latter part of the year one thousand seven hundred and seventy seven, I belonged to the Brig Fanny and lay alongside of the United States Sloop Providence commanded by Capt Rathbone in the harbour of New Bedford, at which time and place I frequently saw Andrew Burnett on board said Sloop Providence and that he was a seaman belonging to said Sloop Newport July 3 d . 1833. Jacob Smith
Newport ss. On this 3 d day of July A D 1833. personally appeared the above named Jacob Smith and sworn to testify the truth the whole truth and nothing but the truth gave the foregoing deposition, which was by me in his presence reduced to writing and by him subscribed in my presence taken at the request of said Andrew Burnett,
Blyth Howland Justice of the Peace
Newport December the 10 th 1833 I further certify that the above named Jacob Smith is a credible person and his statement is entitled to credit. In Testimony whereof I have hereunto set my hand the day and year last above written Blyth Howland Justice of Peace

I Eleazer Trevett of Newport in the State of Rhode Island Gentleman, on solemn oath declare and say. That my father John Trevett was a Captain of Marines in the Navy of the Revolution, and that he is now deceased, that I have often heard him say that Andrew Burnett and his father both served with him on board of the United States Sloop Providence and from my knowledge of Andrew Burnett having been acquainted with him for many years past I have no hesitation in declaring that I believe him to have served as in his declaration he has stated I further declare that Edward Clannen formerly a Naval pensioner of the United States who resided in Newport and died some seven or eight years since, procured his pension on the statement of my said father and of the said Andrew Burnett, which statement is probably in the war department at Washington. Eleazer Trevett
Newport J. Newport December 11 th 1833
This day personally appeared the above named Eleazer Trevett and having subscribed the above statement in my presence made oath before me to the truth of the same: the said Trevett is a Man whose character for truth and veracity is unquestionably good - Before Me Blyth Howland for Peace
Washington January 7 th 1834 I certify that the above signature is in the own hand-writing of Benjamin D.

Houland, Sir who is to me well known and I have been acquainted with his hand writing & find I further notify that the said Houland is now alive for many years past has been a justice of the Peace for the town of Newport R.I. with all the powers which belong to an officer of that character Arthur J. Bane

Rev 24 Stamp Burlington, N.C. Jan. 4, 1922
Pension Office, Washington, D.C.
Will you please
tell me if you have on record the name of Andrew Burnett (also spelled Bernet, and Barnett ) of Newport, Rhode Island, who fought during the Revolutionary war. Thanking you for any information you may give.
Very truly, Mrs. C.C. Haworth

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of Andrew Burnett a sailor soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 1777 6 mos. Seaman John Peck Rathbone on U.S. Sloop "Providence"       
Battles engaged in, with Pr. Ship "Mary" Residence of soldier at enlistment, New Bedford Mass Date of application for pension, Aug 7, 1833 His cl. was al. Residence at date of application, Newport R.I. Age at date of application, 71. Newport R.I. Feb 13 1762 Remarks: His father Andrew was cook on the Providence during above noted service.
Respectfully,
Commissioner.