Revolutionary War Pension and Bounty Land Warrant Application File S. 12377, Daniel Burton, Conn. Continental

SERVICE
NUMBER
bonn
Burton, Daniel
S. 12377
continental
CONTENTS
carded

2657 New York
Daniel Burton
of Spafford in the State of New York who was a Private in the Comp y commanded by Captain Paul of the Regt. commanded by Col. Heman in the Connecticut line for 7 1/2 months
★ Continental and Conn.
Records completed Oct 30/25
Inscribed on the Roll of New York at the rate of 25 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 day of Nov. 1832 and due to said widow Mrs. Betsy (Marcellus) (Pension Card N.Y.)
Arrears to 4th of Febr. 1832 $37.50 Semi-ann. allowance ending 4th Mo 3/25 12.50
$50.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Geo. C. Stiles Clerk Book D, Vol. 5, Page 69

See Letter to Ezra Ames June 4 th 1835 " " " Professor " " " " " " for Fleming " "
Died 11 Feby 1834 at age 76 that time -

In Matter of Daniel Burton, applicant For a pension —
8635
Daniel Burton "

And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the interrog- atories prescribed by the War Depart- ment, That the above named Applicant was a revolutionary Soldier, and served as he states. And the Court further cer- tifies that it appears to them that Job Dyer who has signed the preceding certificate is a Clergyman residing in the Town of Marcellus, near the above named appli- cant and Jesse Gapp who has also signed the same is a resident of the same Town near to said Applicant, and is a credible person and that their statement is entit- led to credit.
Daniel Mosely Vice Chancellor
Daniel T. Mosely Deputy Clerk of the Court of Chancery of the Seventh Circuit for the state of New York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Bynton for a pension testimony whereof I have hereunto set my hand and seal of office this 14 th day of September one thousand eight hundred and thirty two.
Daniel T. Mosely Deputy Clerk

of Canaan; Marched under Captain Gaylord of Norfolk Cont. - (has forgotten the names of the other officers of the Company) to Fishkill on the Hudson River - Served there six weeks & was then discharged & went home to Canaan. After the close of the Revolutionary War Moved to New Canaan Columbia Co. New York. Since then about 10 or 12 years. Then moved to Herkimer in the County of Herkimer - in the year 1819 moved to Herkimer now Spofford aforesaid & lived there ever since - That he has no docu- mentary evidence and that he knows of no person, whose testimony he can procure, who can testify to his service - He hereby relinquishes every claim whatever to a pension or annuity except, and and declares that his name is not on the Pension Roll of the agency of any state.
Sworn to and subscribed this day and year 3 Daniel Burton first aforesaid
Daniel Mosley Circuit Judge & Vice Chancellor
We Job Dyer a clergyman residing in the Town of Manlius in the County of Onondaga aforesaid and William Kellogg William Kellogg residing in the same Town of Spofford very near Daniel Burton who has subscribed and sworn to the above dec- laration, do hereby certify that we are well acquainted with the said Daniel Burton; That we believe him to be eighty seven years of age; That he is respected and believed in the neighborhood where he resided to have been a soldier of the Revolution and that we concur in that opinion
William Kellogg
Feb 9/20
Sworn and subscribed the day and year first aforesaid
Daniel Mosley Circuit Judge

State of New York
Onondaga County ss. On this 14 th day of September 1832, personally appeared in open Court before Daniel Moseley Esq, Vice Chancellor of the Court of Chancery, of the Seventh Circuit in & for the State aforesaid now sitting at Onondaga in the County of Onondaga aforesaid, Daniel Spafford  Spafford Buxton, Resident of the Town of Spafford in said County, aged Eighty Seven years. On the day of July last past, 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 was born in the year 1745 in the Town of Oblong in the County of Dutchess and State of New York: That he has no record of his age -
That he entered the service of the United States under the following named officers and served as herein stated -
That he enlisted in the summer of the year 1775 at the Town of Canaan in Connecticut where he then lived, for # Seven months, under Captain Nathaniel Puel, Lieutenant Timothy Holcomb and Ensign Dorsey. of Salisbury Christian name not recollected. was marched from Canaan aforesaid to Tienderoga, - there joined the Regiment commanded by Colonel Hinnman - Thinks he belonged to Woodbury Conn e - Lieutenant Luther Stoddard was adjutant of the Regiment - Served at Tienderoga six months - was then taken sick and received soon after a written discharge from Ensign Dorsey and went home to Canaan - has lost the discharge. In the year 1776 in the fall was drafted as a militiaman in the aforesaid Town

8635
Daniel Burton
   Name Age Color Height Weight Build Eyes Hair Birthplace Residence Occupation     Daniel Burton 35 White 5' 10" 160 Medium Blue Brown Ohio Cincinnati Merchant  
1. (1860) that the foregoing statement and the answers given with the evidence in the case
2. And the papers submitted as to facts of authentication, and if so, in what respect;
3. Is the statement supported by living witnesses, by documentary proof, by testimonial evidence, by
4. Where and in what form do you intend to support the defence?
5. In what respects do you intend to defend?
6. In what respects do you intend to defend?
7. If you have a judge, does it appear that the applicant is entitled to a highly important;
8. Does the application meet the requirements of the act or rules?
FOR THE JUDGE (1860)
IN THE DISTRICT OF

BRIEF in the case of  David Burton  of  Safford  in the State of  New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Eighty seven 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.     enlisted In 1775. 6 As a Gen. Capt Nathl Buell, Col Himmann.   drafted 1776 (6 weeks) 1 1/2 Capt Gaylor.  
 5. In what battles was he engaged? none stated.  6. Where did he reside when he entered the service? Canaan, Conn.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? A clergyman & Col Kellogg certify to traditional evidence.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Keith Examining Clerk.

To what time was Daniel Benton of Onondaga Co. N.Y. a private at 25¢ a m under act of 7. June '32 paid?
M c Randall
Gl. O. S.
Sec. 1. Act of 1832 for services to 1833

Reuben
12344.
INVALID.
File No. 12,877
Daniel Burton
Dis. Serv. War.
Act: June 7 th 82
Index: Vol. 6 , Page 62
[Arrangement of 1870.]

admitted Y 2 mo $25
Clerk Onoddy Cash

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel Beirton 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, 1832? yes VIII. Has the Court given their opinion? yes 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? Yes.
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? Yes
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? 
And is the official character and signature of the magistrate certified by the proper officer under his seal of office? 
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? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 5, 7
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 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.