Revolutionary War Pension and Bounty Land Warrant Application File S. 30303, William Burnett, Mass

SERVICE
NUMBER
Mass
Burnett, William
S 30303
CONTENTS

10.975 Massachusetts
William Burnett of Warwick in the State of Mass who was a Private in the Company commanded by Captain Williams of the _____ commanded by _____ in the Mass line for 7 months
Inde
Inscribed on the Roll of Massachusetts at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 th day of May 1835 and sent to Mrs. Sarah Burnett of Warwick Mass
Arrears to the 4th of March 1833 $46.66 Semi-ant. allowance ending Aug 11 " 11.67 $58.33
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. G. Gilman Clerk Book E Vol. 2 Page 6
90 Franklin

William Burnett 22. 346
Private Yates Am'd
E. Wood Esq. Greenfield Map

BRIEF in the case of William Barnett of Warwick in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Ninety 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 April In 1775. . . . . 3 private Capt: Williams   No date . . . . . almost 4 " " Montague  
 5. In what battles was he engaged? None named  6. Where did he reside when he entered the service? In Warwick, Mass;  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence alone  8. Are the papers defective as to form or authentication? and if so, in what respect? correctly authenticated 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
 Examining Clerk.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of William Burnett 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? no 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? 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?
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?
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?
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.

William Burnett Warwick
2234.8

Commonwealth of Massachusetts.
FRANKLIN COUNTY SS.
ON THIS nineteenth day of September A. D. 1832, personally appeared in open Court, before the Warwick Court of Common Pleas of the Probate said Commonwealth, now sitting at Greenfield within and for the said County of Franklin, William Burnett a resident of Warwick in the County and Commonwealth aforesaid, aged Ninety years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of an 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. (viz) That immediately after the Battle of Lexington in the month of April A.D. 1775 he entered the army of the Revolution as a volunteer in the capacity of a private soldier in a company commanded by Captain Samuel Williams of Warwick Wright of Northfield Lieutenant — that he lived in Warwick in the County of Hampshire (now Franklin) (Mass) and marched directly to Wattham Plain and then to Cambridge and did duty there for the term of three months in the vicinity of Boston — — — afterwards he enlisted again in the army of the Revolution in Capt — Montague Company in the Massachusetts Militia — Joseph Poorboy of Warwick Lieutenant — — — Locke of Needham Ensign — and marched immediately to Westpoint and to Wattham Plain — That he served out the term of his enlistment which was three months — and almost another month when he was discharged & returned home — That he never had a written discharge, and has no documentary evidence — He was born in Sutton Mass. He has no record evidence of his birth — Resided to Warwick about fifty nine years ago & has lived there ever since he refers to Rev. Prescott Smith & Jonathan Blake Jr for traditional evidence of his services — he was ninety years of age last March February.
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.
R. E. Mearns Judge of Probate William Burnett WE, Preserved Smith Jr, Jonathan Blake Jr,
residing in Warwick hereby certify that we are well acquainted with William Burnett who has subscribed and sworn to the above declaration; that we believe him to be Ninety 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 day and year aforesaid. R. E. Mearns Judge of Probate Preserved Smith Jr Jonathan Blake Jr
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 Preserved Smith Jr who has signed the preceding certificate is a clergyman resident in said town of Warwick, and that Jonathan Blake Jr is a resident in said town, is a Justice of the Peace and a person of credit — And that their certificate is entitled to credit R. E. Mearns Judge of Probate
I, ELIJAH ALVORD, Register Clerk of the said Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Burnett for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my Hand and affixed the Seal of the said Court, this nineteenth day of September in the year of our Lord one thousand eight hundred and thirty two
E. Alvord, Reg. Prob  Clerk

30 303 Rev INVALID.
File No. 30,303
William Burnett
Dis Rev War
Act: June 7 th 39 th
Index:—Vol. 3 , Page 98
[Arrangement of 1870.]