Revolutionary War Pension and Bounty Land Warrant Application File S. 3094, Robert Burk, N.C.

SERVICE
NUMBER
Nb
Burk, Robert
S. 3094
CONTENTS
Carded.

23332 East Tennessee
Robert Burk
of Roan Co in the State of Tennessee who was a private in the com commanded by Captain Foster of the reg t commanded by Col Wade in the Maury line for 10 months Prof Cavalry
Inscribed on the Roll of East Tennessee at the rate of 41 Dollars 66 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 day of Feb y 1834 and then James Standerfer H B
Arrears to the 4th of Sep t 104.17 Semi-ant. allowance ending 4 March 20.83 125.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Sam l Boyd Clerk, Book Vol. 7 Page 37
83 5 14

3.914
Robert Bark Roane Co Tennsee
Jan 1782 private off C. Shelby 10 m. \$41.66\frac{2}{3}
paper again ret, 5 th Nov '83
Wm Jas Henderson N.R. G. W. Churchwell G. W. Churchwell, Knoxville.

BRIEF in the case of Robert Bark  County of Noane in the State of Tennessee  (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? 60 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 1782 & 83 - 10 Private Gen. Capt. Foster  Capt. Barnett Col. Roan  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Mecklenburg N Carolina  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Testimony  8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerks seal is defective - 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Catts  Examining Clerk.

8914
Declaration
Robert Bunk

State of Tennessee Roane County } On this 25 th day of July 1832 personally appeared in open court the undersigned of record Robert Burk a resident of Roane County State aforesaid aged about 68 years who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed June 7 th 1832. That he enlisted in North Carolina for ten months in the State troops under Capt. Foster — Regiment, then transferred to Capt. Barret Lieutenant Andrew Baxter, Col Wade Hampton Gen Sumpter commander, when in the year 1782 or 3. he enlisted & served his time out at Fridays Fort Thompson for battle & at Orange- burg and afterward was discharged at Orangeburg South Carolina, but has lost his discharge He resided in Mecklenburg North Carolina when he enlisted, he knew Maj Moore & Capt. Owens & McAlinander officers in the army. he hereby relin- quishes any claim 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 sworn to in open court. Robert Burk
July 24 th 1832 To S. Purvis Esq.
Charles Taliafero a Clergyman residing in the County of Roane, hereby certify that I am well ac- quainted with Robert Burk who has subscribed & sworn to the above declaration that I believe him to be 67 years old that he is respected & beloved in the neighborhood where he resides to have been a soldier of the Revolution & that I concur in that opinion given & subscribed the day & year aforesaid To S. Purvis Esq. Charles Taliafero

Adam Miller, John Mead & Geo Pickle are well acquainted with Robert Pink who has subscribed & sworn to the above foregoing declaration for a pension, and believing he is a respectable man & when he resided, has always been reported to have been a soldier of the Revolution & we concur in that opinion
Sworn to in open court
July 24 th 1832
(H. H. Harris, S.C.)
Adam Miller
John Mead
George Pickle
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 named applicant was a Revolutionary soldier as he states and the Court further certify that it appears to them that Charles Saliaferno who has signed the preceding certificate is a Clergyman resident in the County of Roane & that John Mead, George Pickle & Adam Miller who has also signed the other certificates are residents in the County aforesaid & are credible persons and that their statements is entitled to credit
Subscribers of the foregoing cert.
John Mead P
George Pickle P
Wm B Clark P
for Roane County

I Henry Breazeale Clerk of the County Court of Roane County by my deputy Henry S. Purvis do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Robert Barker for a pension
In testimony whereof I have hereunto set my hand & private seal (not having a seal of office) at office in Kingston the 29 th day of August 1839
Henry Breazeale Clerk By his deputy Henry S. Purvis
I Hugh L. White a Senator in Congress from Tennessee certify that Henry Breazeale now is, and was, at the time of making the above certificate, Clerk of Roane County Court; that Henry S. Purvis is his deputy, and that the above certificate is in said Purvis's handwriting, with which I am well acquainted.
Hugh L. White
Oct. 7. 1839.

Rev. H. M.
3094.
INVALID.
File No. 3094
Robert Burke
Pro. N.C. line
Act: June 14/82
Index:—Vol. 4 , Page 49
[Arrangement of 1870.]

Robert Barke Seneca
14
Wm. H. Standifer N.R. Henry J. Parris Kingston Sen

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Robert Bark Moore and B. Terrell 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 device or inscription NO

 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? no  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? no 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? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? no  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? 
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.
Should prove his service

State of Tennessee & This day Personally appeared Alba County before me Azariah David One of the acting Justices of the Peace for the Coun- ty affirmed Robert McCormack who being duly sworn deposeth and saith that He is well acquainted with Robert Burk and that in the said Robert McCormack served a term of Ten months in the Brigade of Thomas Tanton with the said Robert Burk commenced his service under Capt John Foster and was transferred to Capt Jacob Barnett's Company of light Horse Enlisted for the term of Ten months attached to Col Wm Hampton Regiment Enlisted in Rutherford & County North Carolina in the year One Thousand Seven Hundred & Eighty One and discharged at or near Orangeburg in South Carolina McCormack belonged to Middleton Regiment in said Brigade Sworn to and subscribed Robt McCormack before me this 17 th August 1833
David Justice of the Peace for Alba County

State of Tennessee
I James Berry clerk of the court of pleas and quarter sessions for the County of Rhea and state aforesaid do Certify that Azariah David Esquire whose name is subscribed to the foregoing affidavit is and was at the time he signed his name to the same an acting Justice of the peace in and for said Rhea county duly commissioned and qualified as such and that his signature appears in his own proper hand writing
(L.S.)
In Testimony whereof I have hereunto set my hand and affixed my private seal not having an official seal at office in Washington the 17 th day of August 1833
James Berry clerk
I certify that James Berry is clerk of the county court of Rhea and that his signature is genuine and that there is no seal of office for said court August the 31 st 1833
James H. Turner N.B.
I certify that Robert McCormick who made the foregoing affidavit is a man entitled to credit on his oath. Given under my hand Seal this 9 th day of Dec r 1833.
David
Robert McCormick County

State of Tennessee
I James Berry Clerk of the court of pleas and Quarter Sessions for the County of Rhea and State aforesaid do Certify that Azariah David esquire whose name appears to the foregoing Certificate is now and was at the time he signed his name an acting Justice of the peace in and for said County of Rhea duly Commissioned and qualified as such and that his signature appears in his own hand writing
In Testimony whereof I have hereunto set my hand and affixed my private seal not having an official seal at office in Washington the 10th day of December 1833.
James Berry clerk
I certify that James Berry is clerk of of Rhea County court and that his signature is genuine and that there is no seal of office for said court
James Standifer N.C. 11
January the 26th 1834

State of Tennessee } This day personally appeared before McMinn County } me Videne Lane one of the acting Justices of the peace for the County aforesaid William Barnett who being duly sworn deposeth and saith that he is well acquainted with Robert Burk and that he the said Barnett served a term of ten months in the same company with said Burk commenced the term of service under Capt John Foster and were transferred from said Foster's company to Capt Barnett's company of Light Horse. Enlisted for the term of ten months and attached to Col. Wade Hamilton Regiment under General
Sampson. Enlisted in Maclinburg County in North Carolina in the year one thousand seven hundred and eighty one and discharged at or near Orange- burgh in South Carolina
sworn to and subscribed before me This 26 th July 1833
Videne Lane
his William Barnett mark
Justice of the peace for the County of McMinn

State of Tennessee } McMinn County } ss Archibald R. Turk clerk of the County Court for McMinn County and State of Tennessee do certify that James Lane Esq whose name is subscribed to the foregoing Affidavit is and was at the time of signing the same an acting Justice of the peace in and for McMinn County and State aforesaid duly Commission- ed and sworn and that his signature appe- ars in his own proper hand writing
Given under my hand and seal of office at office in Athens this 26 th day of July 1833
A. R. Turk Clerk
I Tidence Lane a justice of the peace for McMinn County certify that Mr Barnett who made the foregoing affidavit is a man entitled to credit on his oath Given under my hand this 25 th day of Dec 1833
Tidence Lane J. P.

State of Tennessee McMinn County ss I, A. R. Lusk, clerk of the Court of Pleas and Quarter Sessions in and for the county aforesaid do hereby certify that Theodore Lam 638 whom name is subscribed to the foregoing certificate is and was at the time of subscribing the same an acting Justice of the Peace in and for said County duly commissioned and sworn and that his signature appears in his own proper hand writing given under my hand and official seal at office in Athens this 27 th Decem r 1835 A. R. Lusk clerk By Sam H. Lord and