Revolutionary War Pension and Bounty Land Warrant Application File R. 1,479, Jedediah Burnham, Conn.

SERVICE
Burnham, Jediah
NUMBER
R. 1479
CONTENTS

Sedediah Burnham Ohio
How E Whittlesey Present

WAR DEPARTMENT,
Pension Office,
25 th Nov r 1850. _____
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, shewing the Service of Sedediah Burnham
   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.     Col Huntington Capt. Brewster 77 years.  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
The claimant is required to show that he was regularly enlisted and detailed from the ranks to perform the services as alleged. — probably, E. Phelps Comptroller at Hartford Conn o may be able to furnish some evidence in this case.

 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) _____ 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 and that C. D., who has also signed the same is a resident in the 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 inquiry 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 [a] to [j] 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.

Declaration, in order to obtain the benefit of the act of Congress, passed June 7 th 1832.
State of Ohio
ss. Hartford Feb 24 1823
Trumbull County
On this 18 th day of Feb 4 of forenoon personally appeared before me Richard Hoyle an Associate Judge the Court of Common Pleas said County Jedidiah Burnham a resident of Kinsman in the County of Trumbull and State of Ohio aged 77 years, who being first duly sworn according to law, doth, on his oath, make the follow- ing declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832. That I entered the service of the United States under the following named Officers, and served as herein stated. Colonel Jedidiah Huntington commanded the Regiment, Capt. Brewster commanded the Company in which I enlisted. Phinehas Soay was an Ensign, our Medical Staff was composed of Doct. Philip Turner as Surgeon; Doctor Albion Waldo was first mate & Doct. Silas Holmes 2 d Mate Doctor Morgan I think of Philadelphia was appointed director of the Hospitals and the immortal Washington as com- mander in Chief, who arrived before Boston with a company of Riflemen soon after I did. I was a resident in Norwich in the County of New London and State of Connecticut when I voluntarily enlisted with Col d Huntington the fore part of June 1775. (the day I have lost) and left the service, the forepart of Decem r the same year Discharged with Honor. my Discharge is gone down with the tide of time, and have no Documentary evidence and know no Person whose testimony I can procure who can testify to my services. I will here state that I enlisted under Col d Huntington for the term of six months with the proviso that my services should be in the medical line as an Assistant in the Hospital to administer to the sick &c. &c. as I was then in my twentieth year, and had been in the study of Phisick and not thinking myself very well able to perform the duties of a Soldier I accordingly went imm- ediately to the Hospital and quartered there the six months in the duties of Hospital and Regiment as the first mate in the staff did not appear till late in the season, and then became soon

unwell and got furlowed and did not return, so that my duty was in the Staff and Hospital through the season and being confined for the most part to the Hospital, and the field and company officers being mostly strangers to me that I did not form much acquaintance with them and their memory hath gone down with the the flood of time. —
I fought no Battle, I mounted no guard except the last watch of the Night after I arrived in the confines of Newbury, I marched through no country except from Norwich in Connecticut to Newbury in Massachusetts. The execution of the British to Lexington; the Battle fought on Bunker Hill; the extraordinary success of Capt. Manly in capturing the Ordnance Ship containing arms ammunition &c, and the expedition by the River to Canada Kennebec and Wilderness, were the most remarkable incidents that took place that season. Please have patience
while I mention that the first Brass Mortar that my eyes ever beheld was brought and deposited in Cambridge through the instrumentality of Capt. Manly. —
I was born in Norwich in New London County the third day of April 1755, as will appear on the records in S. Norwich. I was a resident of Norwich when I entered the service voluntarily. Since the Revolution I resided in Norwich, and in its Antient limits in the town of Lisbon untill 1816 when I moved into the State of Ohio where
I now live reside. My discharge from the service I am confident was signed by the same Person with whom I enlisted and is lost, and is not in my power to produce it. I hereby relinquish every claim whatever to a Pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any State. —
A more satisfactory claim might have been made out at an earlier Period as I am now removed from five to six hundred miles from the place of my nativity, and have been sixteen years in the State of Ohio and no Person here that was acquainted with my services, and the distance being so great with my age and infirmities would be exceeding Difficult. —

I have delayed this business and have went to Norwich in Connecticut to procure testimony if possible but get no account except the death of those that were with me at the time of my service and at an earlier period would have been able to testify to every thing desirable in my case
The following are the names of persons to whom I am known in my present neighbourhood and who can testify to my character for veracity and their belief of my service as a soldier of the revolution viz: Rev. Isaac McElvaine & George Swift of Winton in said Trumbull County.
Sworn to and subscribed the day and year first aforesaid The Rev. Isaac McElvaine residing in the Township of Winton aforesaid and George Swift residing in the same place hereby certify that we are well acquainted Jedidiah Burnham
Sworn to and subscribed the day and year first aforesaid Nicholas Hays Official Pro Circuit Court Common Pleas for Trumbull County - Ohio
We Isaac McElvaine a clergyman residing in Winton aforesaid and George Swift residing in the same place hereby certify that we are well acquainted with Jedidiah Burnham who has subscribed and sworn to the above declaration that we believe him to be seventy seven years of age - that he is reputed and believe in the neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Isaac McElvaine Geo. Swift
Sworn and subscribed the day and year last aforesaid Nicholas Hays Official Pro Circuit Court Common Pleas for Trumbull County
And I the said Nicholas Hays do hereby declare my opinion after the investigation of the matter and after putting the interview stories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as such. And I do further certify that it appears to me that the said Jedidiah Burnham who has signed the foregoing certificate is a clergyman residing in said Township

Witness and that George Swift who has also signed the same is a resident in said Township & is a credible person and that their statement is en- titled to credit. And I do further certify that the said applicant is unable to appear in Court by reason of bodily infirmity.
Richard Hays Upwardly Court Common Pleas for Trumbull County Ohio
The State of Ohio Trumbull County ss
I George Parsons Clerk of the Court of Common Pleas within and for the county of Trumbull. do hereby certify that Richard
Hays Esq. whose signature in his own proper hand writing is affixed to the within and foregoing certificate is and was at the time of subscribing the same, one of the associate judges of the Court of Common Pleas for said County and to whose official acts full faith and credit are and ought to be given
In testimony whereof I have hereunto set my hand and the seal of said Court at Warren this 20 th day of February A.D. 1833
George Parsons Clerk By Syman Potter dep.

M. B. H.
Rev. War Section.
9.1479
April 30, 1914.
Mr. George L. Burnham, c/o Aetna Insurance Co. Hartford, Conn.
Sir:
In response to your letter of the 28 th instant, you are advised that the Revolutionary War records of this Bureau fail to afford any information in regard to Jedediah Burnham of Windham, Connecticut.
The Jedediah Burnham who served in 1775, in Captain Jonathan Brewster's company, Colonel Jedediah Huntington's regiment, was born in Norwich, Connecticut, lived there when he enlisted, and it is not stated that he ever lived in Windham, Connecticut.
Very respectfully,
Commissioner.

1914. Apr 20: Letter to Genl. S. Burnham. [Letter in claim J MNR]
Acts of July 14, 1862, and March 3, 1873.
1479
RECEIVED
P. O. Frederick Burnham
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Ages: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Act 7. June 1832
Repeated
See letter 7. Decr 1833 to Hon E Whittlesey Ho of Rep.
1479 Service Not M. Months

Comptrollers Office Dec. 3 rd 1833.
I Elisha Phelps, Comptroller of the Public Accounts of the State of Connecticut, do certify that it appears by an authenticated copy of a pay roll of the 1 st Co. 8 th Reg t of Connecticut Troops, commanded by Jedediah Huntington Esq r , that Jedediah Burnham entered into said company on the 11 th day of July 1775, & served therein as a private until the 16 th day of December 1775, being five months & five days. Of this company, Asa Kingsbury was Captain until the 5 th of September, & Lieut. Jon a Brewster served as Lieut. until that time, & Captain thereafter.
E. Phelps
5 Mo. 5 days. —

House of Representatives Febry 28 th 1835-
Sir
I send to you the application of Jedediah Burnham for a pension under the late law. Mr Burnham is a man of truth, and of the most exemplary morals. Mr Swift one of the witnesses is an attorney of high standing, and the Rev Mr McHvain is a clergyman of the greatest purity. I will thank you to examine this case as soon as you can, and either communicate the result to me at Canfield Trumbull County Ohio or to George Swift Esq at Shinnaman or to Mr Burnham at Shinnaman.
Very Respectfully
Yours
R. Whittier
J. B. Edwards Esq