Revolutionary War Pension and Bounty Land Warrant Application File S. 1174, Michael Burk, Va.

SERVICE
NUMBER
Va.
Burk Michael
S. 1174
CONTENTS
carded

13686
Kentucky
Michael Burk
of Madison Co in the State of Kentucky who was a private in the company commanded by Captain Leland of the Regt. commanded by Col. Slaughter in the Virginia line for 18 months
Inscribed on the Roll of Kentucky at the rate of 60 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 rd day of June 1833 and sent to Daniel Breck Richmond
Arrears to the 4th of March 120 00 Pension allowance ending 4 Sep th 300 00 $150 00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Daniel Boyd Clerk Book 6 Vol. 7 Page 3

State of Kentucky ss. Madison County ss.
This 14th day of May 1833. Personally appeared before me Christopher Harris an acting Justice of the peace for Madison County, and also one of the Justices of the Madison County Court, Michael Burk at his own house, a resident of said County, aged ninety five years as near as he can recollect, who being 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.
He states that he was born in the County of Culpepper in the State of Virginia. The year not known, that he has no record of his age, but from the best of his information he is 95 years of age. —
He states that he entered the Militia Service of the United States, and served different campaigns under different officers, and served for different periods as herein after stated.
He promises that he is very old and his memory much impaired, and as a matter of course his recollection of events much clouded, he does not doubt he will confound dates & events, and must trace more to the testimony of his comrades in arms than his own capability in giving dates, names or events to establish his services. —
He first marched under Capt. John Beland from Culpepper Court House Virginia, went to York in Pennsylvania, & thence to Philadelphia, was in the service three months, —
He then served under Capt. Lewis Yancy, starting from Culpepper Court House Virginia, served three months before discharged, but did not reach home within the three months.
He next served under Capt. John Tate a tour of three months, starting again from Culpepper. — He also served a tour of three months under Capt. Conn and was he

Thinker stationed at Albemarle Barracks. — He also served a three months tour under Capt. George Johnson, starting again from Culpepper Court House. — He also served another tour of three months under Capt. James Browning starting again from Culpepper Court House. — That in the whole he was not  not more than eighteen months in service. — He recollects that besides York & Philadelphia, he was at Richmond, Petersburg, and Cabin Point, but at what dates, or under whose command he was at those different points he does not recollect. He states that he had two Col s . Houghton during the time, both residing at Culpepper Virginia. — Edward Stearns was one of the Generals, but whether a Brigade or Major General he does not know. — He states that he had discharge evidencing his service and preserved them for many years but has lost them. — He removed from Virginia about twenty six years ago and has been a resident of Madison County Kentucky ever since. — That he can prove his service in part by John A. Wright whose affidavit is hereto attached and Robert Covington his former neighbour in Virginia, and does not know of any other person whose testimony he can procure. That Thomas Ballou a clergyman and Isaac Duncan
all his neighbours can testify concerning him. He hereby relinquishes every claim whatever to a pension or annuity except the present, and he declares that his name is not on the Pension Roll of any agency in any State or elsewhere.
Sworn to & subscribed before me the day & year aforesaid Christopher Harris J.P.
Michael his Burk Mark
State of Kentucky } Madison County } ss.
Robert Covington a resident of said County, State That he has been acquainted with Michael Burk for sixty years in Culpepper Virginia, and Madison Kentucky. — That he was one

one of the regular troops who relieved the company of Capt. Cook at Alamance Barracks, in whose company Burke was a soldier. — He states that Burke has always been reputed as having frequently served as a soldier during the Revolutionary war.
He states that Burke is and always was reputed an honest man, and that he is unable to go to Richmond from age and decrepitude which is the nearest place being about ten miles to a court of record. — said Burke from appearance and my knowledge of him (Must be about 95 years of age.
Sworn to & subscribed before me this 6 th day of May 1833. Robert his Georgiou mark
Christopher Harris J.P.
Mr Thomas Ballew Clergyman, and Isaac Duncan
residents in the County of Madison Kentucky. hereby certify that we are well acquainted with Mr. Shale Burke who has subscribed & sworn to the foregoing declaration. — That from report & appearance he must be 95 years of age. That he is reputed & believed in the neighbourhood where he resides to have been a soldier in the Revolutionary war and that we concur in that opinion. —
Subscribed & sworn to before me this 6 th day of May 1833
Thomas Ballew
Isaac Duncan
Christopher Harris J.P.
State of Kentucky } Madison County }
I Christopher Harris an acting Justice of the peace & also one of the Justices of the Madison County Court. Do certify that and declare it as my opinion from the testimony & declaration of the foregoing persons & my own personal knowledge of said Burke who lives near me. That said Burke was a soldier of the Revolutionary war and served as he states in his declaration. — That he is a very old man & not able to go to our County

court about 10 miles distant. - I further certify that John A. Wright, whose affidavit is herewith attached, Robert Covington, Thomas Ballew, and Isaac Duncan
are all credible persons on oath, and that Thomas Ballew is a clergyman, and residing of Madison County  Living under except Wright, who resides in Estill County. -
Given under my hand this 6 th day of May 1833.
Christopher Harris P.M. 6

No 25105
Michael Burk Madison County Kentucky
From - private 18 months, $60.
Leland Slaughter Va
D. Burk. Richmond Kentucky

WAR DEPARTMENT,
Pension Office,
183
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,  showing the Service of Michael Burk Madison County Kentucky
    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.     Entered - 3 - private Genl. Stevens   Served - 3 - " Cap Leland 95 years Traditionary evidence certified   Served - 3 - " Cap Yancy, Col Slaughter Culpepper Credible V. Clergyman's certificate -   Served - 3 - " Cap Tate, Col Slaughter Court House two witnesses certified credible   Served - 3 - " Cap Tate, Col Slaughter Virginia papers correctly attached   Served - 3 - " Cap Conn   Served - 3 - " Cap Johnson   Served - 3 - " Cap Browning   
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 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 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] 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, (1) 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 [e] 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.

INVALID.
File No
1174
Michael Burk
Dis. Va. Line.
Act:
June 7, 1832.
Index:—Vol.
a, Page 49
[Arrangement of 1870.]
New War

J. L. Edwards Esq.
Comm ee Pensions

Louisville, Ky., May 10 1833
J. L. Edwards Esq.
Sir,
I forward you the Pension papers of Michael Munk, a worthy citizen of this County and believed to be the oldest man in it —
Very respectfully Yours &
David Munk

25105
Mr. Munk
Datation

State of Kentucky Madison County } ss
On this 9 th day of January 1833 personally appeared before me Joseph Turner one of the justices of the Madison County Court John A. Wright a resident of Estill County and State aforesaid, who being duly sworn according to law, states that he will be 68 years of age on the 16 th of February next, that he has been well acquainted with Michael Burke of said County of Madison & who is an applicant for a pension under the act of Congress passed June 7 th 1832, ever since he said Wright was a boy, that he believes said Burke to be about 100 years of age, that he knew him well in Culpeper County Virginia during the Revolutionary war where the affiant and said Burke then resided — That he knows that said Burke served in the Revolutionary war in the Militia from said County of Culpeper in the service of the United States, but how many years he does not recollect, He knows that said Burke served and was out in the Militia in 1781, that he affiant was out and served with him, He knows that said Burke served one tour of three months in that year, He believes that said Burke served a good many years in the Militia in the service of the United

States, but how many he cannot recollect. He further states that said Burke a great many years ago how long he does not exactly know removed from Virginia to said County of Madison where he has ever since and still resides. He knows that said Burke served in the Militia from said County of Culpepper in the service of the United States with Charles Duncan who is now dead and who was father in law to Robert Covington a resident of said County of Madison. That said Charles Duncan was a Mesonate of said Burke and a man of unexceptionable good character. That said Duncan and Burke were commanded by a Capt James Brocough — That said Burke has always and still does sustain a good character as a man of truth and integrity. That he is inform and untruthful to all the court, and from his knowledge of said Burke he believes that he served in the Revolutionary war as he states and and he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution known and subscribed to this 9th of Jany. 1855 John A Wright Subscribed and sworn to before me a justice of aforesaid; and I further certify that said Wright who has signed the foregoing Certificate is personally known to me, that he resides in Estelle County Kentucky and is a man of good character and a credible person on oath. and his statement is in truth & credit Given under my hand this day and year aforesaid —
Joseph Turner J. M. C.

State of Kentucky } Sec. Madison County }
I David Irvine clerk of the County Court of Madison County aforesaid do hereby certify that Christopher Davis & Joseph Turner Jr. whose several certificates are foregoing were at the date thereof and still are acting justices of the peace in & for said County of Madison, and justices of the Court for said County and that their several signatures are genuine — In testimony whereof I have hereunto set my hand & affixed my seal of office this 10 th day of May 1833 —
David Irvine Clerk