Revolutionary War Pension and Bounty Land Warrant Application File S. 15766, Eben Burnham, Conn.

SERVICE
NUMBER
konn.
Burnham Eben or Ebenezer
S. 15766
carded
CONTENTS
[Faint, illegible handwriting on the left side of the CONTENTS section]
[Faint, illegible handwriting on the right side of the CONTENTS section]

N o 18427 Vermont
ad Ebenezer Burnham Windsor Co. in the State of Ver who was a Private in the company of Capt. Pratt of the Reg't, commanded by Genl. Eno. in the Conn't Troops for 6 months
Inscribed on the Roll of Vermont at the rate of 20 Dollars Costs per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30. day of August 1833 and sent to E. Cummings Woodstock Vt
  Arrears to the 4th of March 1833  40.00    Semi-ant. allowance ending 4th Sep. 1833  10.00     $50.00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by D. Brown Clerk. Book E Vol. 3 Page 53

Declaration for Ebenezer Burnham
8328

I Ethan Burnham of Windsor County and State of Vermont do hereby certify that I was born in 1778 on the first day of June and joined the Troops at Castleton Vermont and the know his General was General Ennis and his Colonel name he cannot remember his Capt name was Pratt his Colonel name was Capt. Ennis and he continued to serve till the 30th day of November next following at which time he was dismissed at Castleton by his Capt. Pratt his service was done at Castleton Vermont — he was born in 1778 in 1781 and is now seventy one years of age — and this is the best proof that can be made of his services Ethan Burnham
State of Vermont } Windsor June 26 th 1833 — Windsor County ss } Personally appeared this day Ethan Burnham, the above signer of this affidavit and the within Declaration to be the truth and nothing but the truth before me — I further certify the above Document is a credible Witness
Before me Rufus Root Justice of the Peace
State of Vermont } Woodstock County Clerk's Office June 29 th 1833, I Benjamin Swan Clerk of Windsor County ss } Windsor County Court, Do hereby certify, that Rufus Root is one of the Justices of the Peace within & for the County of Windsor, and that the above is his signature — In testimony whereof I hereto affix the Seal of said Court and subscribe my name the day & year last above —
Benj. Swan

STATE OF VERMONT, } WINDSOR COUNTY, ss. }
On this 25 th day of August A. D. 1832 personally appeared in open Court before the Judge of the Probate Court of Hartford District now sitting, Ebenezer Burnham a resident of the county of Windsor and State of Vermont, aged seventy one 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 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
He volunteered in 1778 on the fore part of June and joined the Continental Troops at Castleton Vermont. He knows that General Gros commanded and his colonel's name he cannot recollect his Capt's Name was Pratt. His orderly sergeant's name was Cob and one named Baker and he continued to serve through the campaign till the last of November next following at which time he was then dismissed at Castleton by Capt. Pratt and he afterwards received an order from his Capt. on the State Treasurer of the State of Vermont for his services in the Revolution. He was born in Sutton, Massachusetts and while young removed to Hensdale New Hampshire and from there he came to Windsor Windsor Vermont and has lived there about fifty years. He is now seventy one years of age.

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. }
Ebenezer Burnham
S. Marks Register
We, Samuel Larsson a Clergyman residing in Windsor and Martin Rowe residing in the same place, hereby certify, that we are well acquainted with Ebenezer Burnham who has subscribed and sworn to the above declaration; that we believe him to be 71 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, }
Samuel Larsson Martin Rowe
S. Marks, Register
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 Samuel Larsson who has signed the preceding certificate, is a Clergyman, resident in Windsor and that Martin Rowe who has also signed the same, is a resident in Windsor and is a credible person, and that their statement is entitled to credit.
I, Syndon Amasa Register of the Court of Probate of the District of Hartford do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Burnham for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office this 25 day of August A. D. 1832
S. Marks, Register

No 8328
Ebenezer Burnham Windsor co Vermont.
ef:
6 moi $20--
Ebenezer Cummins Woodstock Vermont

WAR DEPARTMENT,
Pension Office,
18 Jan 1833
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
   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.     1778 no 6 no Soldier General Ennis his Col. cannot remember his Capt was Pratt 71- and place of abode when he entered the service. No other proof can be obtained of his service. Ebenezer Purdie  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
It cannot readily be admitted that the services of the applicant is inadmissible of proof, and the regulations require the production of the best to be had.

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) 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 days 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 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 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 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 in note [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.

Rev. and 1812 Wars Section.
awd aw
March 23, 1928
Leon E. Nevers Claremont N. H.
Sir:
I advise you from the papers in the Revolutionary War pension claim, S. 15766, it appears that Eben or
Ebenezer Burnham was born in 1761 in Sutton, Massachu-
setts. while young removed to Hinsdale, N. H. From that place he moved to Windsor, Vt.
He enlisted June 1, 1778 and joined the troops at Castleton, Vermont and served under Captain Pratt and General Enos until November 30, 1778.
He was allowed pension on his application executed August 25, 1832, while a resident of Windsor County, Vermont,
There are no data as to family.
Respectfully,
WINFIELD SCOTT Commissioner.

40 West Terrace St., Claremont, N. H., July 20, 1927.
Dept. of the Interior, Bureau of Pensions, Washington, D. C.
Gentlemen:
Please give me such data as you may find on your records concerning the following:
1. Ebenezer Burnham, B. Nov. 23, 1761, Sutton, Mass. D. Oct. 12, 1837. Probably Windsor, Vt. He states in his application for pension dated Aug. 23, 1832 that he enlisted at Castleton, Vt. under Capt. Pratt in the Reg't of Col. Enos, June 1, 1778 and served until Nov. 30 of that year. He was dismissed at Castleton by Capt. Pratt. I fail to find his name on the Vt. State Rolls.
2. John Nevers, Northfield, Mass. Major General 15th Div. Mass. Militia, 1812.
3. Adams, Thomas. Charlestown, N. H. Vol. 1. P. 77, Mass. Rev. Rolls. Vol. 30, P. 174 N. H. Rolls. N. H. men on Mass. Rolls. Record and name of father wanted, if possible.
Thanking you, I am,
Yours truly,
Leon E. Nevers Leon E. Nevers.

P
15766
INVALID.
File No. 15766
Ebenezer Buraham
Pr. Rev. War
Act: June 7 th 39
Index:—Vol. / , Page 53
[Arrangement of 1870.]
1928-mch.27-H-11-12 to Leon E. Nevins Copy.