Revolutionary War Pension and Bounty Land Warrant Application File S. 8129, Henry Burkhart, Va.

SERVICE
NUMBER
Va.
Burkhart, Henry
S 8129
Carded
CONTENTS

Virginia 16.168
Henry Burkhart
of Smythe in the State of Virginia who was a pri: in the company commanded by Captain Snapp of the Regt. commanded by Col. Campbell in the Virginia line for 8 months
Inscribed on the Roll of Virginia at the rate of 26 Dollars 66 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 13 th day of July '33 by the C. H. Va and sent T. J. Boyd
Arrears to the 4th of March '33 - 53.32 Semest. allowance ending 4 Sept " - 13.33 $66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book E. Vol. 6. Page 3
See letter 8 Jan. 1836 to P. Agt. & Hon. G. H. Hopkins - do. to same persons 4 Jan. 1837. do same persons 17 Jan 1838
Paid at the Treasury under the Act of the 16 th April 1838. from 4 th Sept 1837 to the 11 th Decr 1838 the day of his death. - Age notified 17 th June 1839
Dead

15464
Henry Burkart — Smythe County — Virginia
Adm d as private 8 mol. $26.66
10.11- May 3 d '33 P368
This I Boyd Nithen County Virga

BRIEF in the case of Henry Burkhardt  County of Smythe — in the State of Virginia  (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? 71  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.     June In 1781 drafted - - - 4 Private Gen. Stephens Capt. Snapp   ditto - - - 4 in McIntosh's Complain Col Campbell  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Shenandoah County Virginia  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living & Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? not authenticated 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John H. Ashton
Examining Clerk.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 8 th , 1839.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The children of Henry Burkhardt, a Pensioner on the Roll of the Richmond Va. Agency, at the rate of Twenty six Dollars and sixty six Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1837, to the 11 th December, 1838, the day of his death.
Respectfully, yours,
Abdoo B. Passig Comptroller.
To the Commissioner of Pensions,
Present.

State of Virginia
Smyth County to wit:
On the 19 th day of October 1882 personally appeared in the Court of the County of Smyth in the State of Virginia Henry Burkhardt aged seventy one years who being sworn according to law (of the said County) on his oath made the following declaration in order to obtain the benefit of the provision of the act of Congress passed on the 7 th of June 1832. That he was drafted a Militia man in the County of Shenandoah in the State of Virginia in the year 1881 in the month of June and placed under the command of Captain Snappre Gapt but was marched to Headquarters by Brigadier General Kil in consequence of the Captain not attending the place of Rendezvous we joined the encampment of headquarters at a place called Drinking Spring above Williamsburg in Virginia and there put under the command of Captain Thomas Marshall who has since removed to Kentucky and attached to Col Edmunds Regt and the Brigade commanded by Genl Stephen - Thomas Nelson who was an Officer in the regular Service acted as our Adjutant and exercised the Regt daily - we were then marched to the encampment at Malvern Hills below Richmond, from there retrograded toward Fredericksburg - we again returned to within sight of Williamsburg about that time he was taken as one to form a Rifle Company under Capt. George from Loudoun County and sent on the lines - he was at Rappahannock Ferry - and the burnt Ordnance (so called) and was kept in constant motion to and fro - and was at the Halfway House below Williamsburg the day before his time expired - he then was marched back to the place called the Drinking Spring and there discharged by Genl Stephen a short time before the Siege of York at the capitulation of his time - his discharge

was signed by his ensign Geo Neil which was left in Shenandoah when he removed into the County of Wythe about 46 years ago he was about four months then in the Service of the United States - He served about 4 months also in McIntosh's Campaign against the Indians was commanded by Lieut Samuel Hance or Colo Hance Regt was joined by Colo Campbell Regular who was killed at Eutaw Springs - we marched to the Ohio about 30 Miles below Fort Pitt crossed the River there and built a Fort which was called McIntosh - we then proceeded into the Indian Country as far as the Muskingum where they left a garrison of about 200 hundred & months men and returned to McIntosh and was discharged - He hereby relinquishes all claim to any Pension ex- cept the present and declares that his name is not on any Pen- sion Roll of any Agency of any State or Territory - Sworn to and subscribed the day and year aforesaid
State of Virginia
Greenfield County
Henry County to wit
This day John Moser aged seventy four years personally appeared in open Court and after being duly sworn states that he is well acquainted with the said Henry Burkback having lived near neighbors for 40 years past that he knows the said Applicant served in the United States Army & he states having been drafted at the same time & served in the said Regi- ment and was discharged at the same time and knows his statement to be true - Sworn to and subscribed the 19 th day of October 1882
John Moser
We John Adkinson and Thomas J Davis & William Nelson do hereby Certify that we are well acquainted with the said Henry Burkback

that he resides in the County of Smyth Va near our residence and that we believe him to be about the age of seventy and that it is traditionally believed in the neighbourhood that he is a Revo- lutionary Soldier and served as he states in the United States army which in our opinion never has been doubted and that he sup- ports a good character in his neighbourhood and is a man of truth Given to and subscribed the day and year aforesaid
Joseph May William Newland Thos Davis
And the said Court do hereby declare to be that the above named applicant was a Revolutionary Soldier and served as he states
Virginia - Smyth County, to wit:
I, Robert Beatie Clerk of the County court of Smyth, and State of Virginia do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Burkhardt for a pension. In testimony whereof I have hereunto set my hand and affixed my private seal (there being no seal of my Office) this 19 th day of October 1832.
Robert Beatie
Smyth County to wit
This 20 th day of June in the Year 1833 Zachariah Mitchell a clergyman thereby certify that residing in the County of Smyth Virg do hereby certify that he is well acquainted with the before mentioned Henry Burkhardt who has signed the foregoing Declaration and to the best of his knowledge he is 71 years of age and that it is reported and believed in the neighbourhood where he resides that he has been a Revolution- ary Soldier and that I concur in the opinion Given to and subscribed the day and year aforesaid
Z. Mitchell

And the Court doth hereby certify that Zachariah Mitchell a Clergy man who has subscribed the above Certificate resides in the County of Smyth V a . And that the said John Major Thos I Davis and William Newland also reside in said County and are persons of credit and that their Certificate is entitled to Credit.
Virginia Smyth County to wit:
I Robert Beatie Clerk of the County Court of Smyth and state of Virginia do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Burkhardt for a pension
In Testimony whereof I have hereunto set my hand and affixed my private seal (there being no seal of my office) this 20 th day of June 1833
Robert Beatie Clerk
15464
Henry Burkhardt for Declaration
I Joseph Draper late a representative from the District in Virginia of which County is a part in the Congress of the United States, do certify that the signatures of Robert Beatie as clerk of the County Court of Smyth to the foregoing declaration are genuine, that he is clerk of the said Court and that he has no seal of office. given under my hand this 22 nd day of June 1833.
Draper

April 8, 1940.
Dr. N. Leslie Burkhart 1009 Mary Street Knoxville, Tennessee.
BA-J/ILL Henry Burkhart S. 8129 Peter Burkhart W.C. 15852
Dear Sir:
Reference is made to your letters in which you request the Revolutionary War record of Henry Burkhart, of Virginia, and the War of 1812 record of Peter Burkhart, of Jefferson County, Tennessee, in 1826, who served in Captain McDonald's company.
The Revolutionary War record of Henry Burkhart-S. 8129, and the War of 1812 record of Peter Burkhart-W.C. 15852 follow, as found in claims for pension based upon service in those wars.
HENRY BURKHART-S. 8129. Revolutionary War Claim for Pension.
Henry Burkhart enlisted in Shenandoah County, Virginia, served four months as private under Lieutenant Samuel Vance and Colonel Harrison in the Virginia troops, during which he was in General McIntosh's expedition against the Indians. He enlisted in June 1781, served as private in Captains Lawrence Snappe's and Thomas Marshall's companies, Colonel Edmonds Virginia regiment, and was discharged shortly before the siege of Yorktown.
This soldier moved from Shenandoah County, Virginia, about the year 1786 to Smyth County, Virginia.
Henry Burkhart was allowed pension on account of his service in the Revolutionary War on his application executed October 19, 1832, at which time he resided in Smyth County, Virginia. He gave his age then as seventy-one years, but did not state the date and place of his birth nor the names of his parents. He signed his name in German script. His name was borne on the pension roll as Henry Burkhart. He died December 11, 1838; children survived him. The name of this soldier's wife was not given, nor the date and place of their marriage; the names of his children were not stated.
In order to obtain the names of the persons to whom the

last payment of pension was paid, you should apply to the Comptroller General, General Accounting Office, this city, and furnish the following data:
Henry Burkhart Certificate #16168 Issued July 13, 1833 Rate $26.66 per annum Commenced March 4, 1831 Act of June 7, 1832 Virginia Agency. -----
PETER BURKHART- W.C. 15852.-War of 1812.
The data which follow were obtained from the papers on file in pension claim, W.C. 15852, based upon service of Peter Burkhart in the War of 1812.
Peter Burkhart was born November 1, 1785; the place of his birth and the names of his parents were not given.
He enlisted in Blountsville, Sullivan County, Tennessee, and served from January 1, 1814 until May 24, 1814 as private in Captain William King's company of Tennessee militia.
Peter Burkhart applied October 4, 1850, for the bounty land which was due under the Act of September 28, 1850 on account of his service in the War of 1812. He resided then in Knox County, Tennessee. He was allowed eighty acres of bounty land on warrant #122. He applied April 2, 1855 for the additional bounty land which was due under the Act of March 3, 1855. On this application, he was allowed eighty acres of bounty land on warrant #8733.
Peter Burkhart married, the first time, Rachel, whose maiden name was not given; the date of this marriage was not given. She died in the year 1832, in Knox County, Tennessee. It was stated that one of his sons went to inform neighbors at the time of Rachel's death, but no names were given of any children by this marriage. The soldier married August 14, 1836, in Knox County, Tennessee, Anna Gillum, his second wife. They continued to reside in Knox County, Tennessee.
This soldier died April 8, 1868 at his home in that county.

in the same house in which his first wife died.
Anna Burkhart, this soldier's widow, was allowed pension on account of his service in the War of 1812 on her application executed April 3, 1878. She was aged then seventy-six years; the date and place of her birth and names of her parents were not given. She resided near Spring Grove, Knox County, Tennessee, in the same house in which her husband died. In 1885, she was living with her son, T. J. Burkhart, whose address was Knoxville, Tennessee.
If you desire information in regard to the location of the land which was granted Peter Burkhart on account of his service in the War of 1812, you should address the Commissioner, General Land Office, this city, and furnish the following data: warrant #122-80 acres, Act of 1850, and warrant #8735-80 acres, Act of 1855.
In order to obtain the date of last payment of pension, name of person paid and, possibly, the date of death of this pensioner, Anna Burkhart, you should apply to the Comptroller General, General Accounting Office, this city, and furnish the following data:
Anna Burkhart, widow of Peter Burkhart, Certificate #15852 Issued January 22, 1879 Rate $8 per month Commenced March 9, 1878 Act of March 9, 1878 Tennessee Agency.
Very truly yours,
A. D. HILLER, Executive Assistant to the Administrator.

Rev. way
8129 INVALID.
1940 - April 8 - Hist. to Dr. N. Leslie Burkhardt; J.L.L.
File No. 8129
Henry Burkhardt Prim Reer War
Act: June 7 th /32
Index:—Vol. 102 , Page 50
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Henry Burkart 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? no seal.
H

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? citizens only
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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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? 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 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 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 shewn 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.
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 authenticates 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 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.
In every case where the clerk of the court, or other certifying officer, 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.

No of Reps January 15 th 1838.
Rev J. L. Edwards
Comm in specu of Pensions.
My Dear Sir
I have this morning recd the Pension papers of John Miller and Henry Burkhardt of my district, two old, and indigent men, whose agent is now at Richmond on the Legislature from the county of Smyth. The Pension agent at Richmond objects to the papers, because the oath of identity , is not attested by some other witness than the subscribing justice, altho, the Power of attorney is then authenticated.
What I apprehend, is the important part of the proceeding and the other, stands connected with it by the certificate and attestation of the justice Mr. Mitchell, who is personally and intimately known to me, and is distinguished for his integrity and good character.
Under other circumstances, I should feel less anxious about the matter, because if Mr. Davis were at home, to attend to the correction of the error, if any, but little delay would arise from that course, but, I am

warranted in saying, that unless the agent at Newbern is permitted to waive this objection to some form, that these old men, will be subjected to the great inconvenience of not receiving their pensions for months to come, and most probably until Mr Davis returns home in the spring, as to him, mainly have they entrusted the collection of their pensions. I pray you then for in view of these facts, and of my assurance that the proposed measures are genuine, to instruct to instruct the agent at Newbern to pay their claims,
I will also beg the favor of you to send me two blank forms for drawing pensions that I may send them two revolutionary men, each a copy in order to enable them in future, to present themselves acceptably to the agents of the government, to claim its bounty, for the services which they rendered in the war of its independence.
Very respectfully
I am yours
W. H. Hopkins

March 4-1940.
Veterans Administration, A. D. Heller - Asst. to Administrator.
Dear Sir,
Will you please send all of the available data of Henry Burkhardt , in Virginia Revolutionary Soldiers, to,
Dr. N. Leslie Burkhardt, 1009 Mary St Knoxville, Tenn.

March 4-1940.
Veterans Administration, Bureau of Pensions, Washington, D.C.
Dear Sirs -
In Jefferson Co., Tenn. Tax list for 1826, Peter Burkhart is in Capt. McDonald's Company - I would like all of the data available of Peter Burkhart . Tradition is he was in war of 1812 . Any information you can give me will be appreciated Very much - yours truly.
Dr. N. Leslie Burkhardt, 1009 Mary St Knoxville, Tenn.