Revolutionary War Pension and Bounty Land Warrant Application File R. 1474, Richard Burnett, Va.

SERVICE
NUMBER
Va.
Burnett, Richard R. 1474.
CONTENTS

Richard Burnell
22988

State of Virginia, Hanover County, to wit:
On this 28 th day of November 1832, personally appeared in open Court, before William Brockenbrough Judge of the Superior Court of Law and Chancery for the said County of Hanover, now sitting, Richard Burnett, a resident in the County of Hanover and State of Virginia aforesaid, - aged seventy four 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 act of Congress passed June 7 th 1832.
That he entered the service as a substitute for Elisha Burnett of this County, on the first of September 1780, and served a tour of duty of six months, making cartridges part of the time in a laboratory in Richmond, then a town, but now the City of Richmond, in the County of Henrico on James River; and the remaining part of the said six months in a laboratory at Westham, a few miles above Richmond on the said river. - the first four of the said six months he was under Capt t Walter Scott, and the other two of the said six months he was under Capt t Greyer.
That on his return home on the 1 st of March 1781, he again entered the service, in the militia, as a substitute for his brother John Burnett of this County, when he served as a militia man, three months, under Capt t Thomas Richardson. - This service was in Richmond, and up and down James River, and in this County - Capt t Richardson's Company was under the command of Major Miles Selden.
And that on his return from serving under Capt t Richardson, he was placed on the muster list, and was drafted into service and marched to the siege of York Town under Capt t William Anderson. This was a three months tour; but he served on this tour more than two months.
He 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.
his Richard X Burnett mark
We Charles Talley a Clergyman of Park Street _____ residing in the county of Hanover in the State of Virginia, do hereby certify, that we are well acquainted with Richard Burnett, who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is reputed and believed, in the neighbourhood 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.
Charles Talley Breezy
And the said Court does hereby declare its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to it, that Charles Talley

who has signed the preceding certificate, is a clergyman, resident in the County of Hanover, and that Parke Street, who has also signed the same, is a resident in the said County of Hanover, and is a credible person, and that their statement is entitled to credit
Virginia, Hanover County, to wit,
I, Philip B. Winston, Clerk of the Circuit Superior Court of Law (and Chancery) for the said County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Richard Burnett for a pension.
In testimony whereof, I have hereunto set my hand and seal of Office, this twenty-ninth day of November, one thousand eight hundred and thirty two.
Philip B. Winston C.C.

Richard Burnett Va No 22988
died 24 July 1833
j:m:
P. B. Winston Hanover Co. H o Va.

WAR DEPARTMENT,
Pension Office,
May 28 1833
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 subjined 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 Rich d Burnett, Hanover Co. Va.
   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.     Sept. 1780 enl. 1 12 Pri: 74 years   1781 " 3 " Traditional   drafted 2 Witnesses  
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 or 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 of the Court of 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, (l) 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.
The notes from [a] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

In Hanover Circuit Superior Court, April 29 th 1835.
George Burnett of Hanover County aged seventy this day appeared in open Court and having been first duly sworn deposed that he recollects that a short time before the siege of Yorktown in Virginia, during the Revolutionary war his brother Richard Burnett late of Hanover County was drafted as a private soldier of the Militia to serve a tour of six months service, that he went into service and was as well as this affiant recollects under the command of a Capt. Scott. That said Richard Burnett and the company to which he belonged was stationed near the City of Richmond for some time and then was moved up to a place called Westham where he served out his term of six months service. This affiant occasionally went to see said Richard Burnett when in service as above stated and distinctly recollects that he and some few other soldiers were detailed for the purpose of making cartridges and he saw said Burnett making them. He further states that said Richard Burnett died in the summer of 1833 without having ever had any children, survived by Margaret his wife who died about twelve months after her husband; (and further said affiant saith not)
Virginia: Hanover County, to wit:
I Philip B. Winston, Clerk of the Circuit Superior Court of Law and Chancery for the said County, in the State of Virginia, do hereby certify, that the above is a true transcript from the records of the said Court.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court the fourth day of May one thousand, eight hundred and thirty five
Philip B. Winston C.C.
State of Virginia: Hanover County, to wit:
John B. Colophon, presiding Judge of the Circuit Superior Court of Law and Chancery for the County of Hanover and

State aforesaid, do hereby certify that Philip B. Winston, who hath signed the preceding certificate, was at the time of doing the same, and still is Clerk of the said Court, and that his said attestation is in due form.
Given under my hands and seal, the 5 th day of May 1835
John B. Blopton,
State of Virginia: Hanover County, to wit:
I Philip B. Winston, Clerk of the Circuit Superior Court of Law and Chancery for the said County in the State aforesaid, do hereby certify that John B. Blopton who hath signed the certificate last above written was at the time of signing the same and still is presiding Judge of the said Court duly Commissioned and sworn according to the laws and usages of the Commonwealth of Virginia, and that due faith and credit are given to all his official acts as such
In Testimony whereof I have hereunto set my hand the fifth day of May 1835.
Philip B. Winston C.C.

In the name of God amen.
I Margaret Burnett of the county of Hanover , being sick but of sound mind and memory, do make this my last Will (and) Testament.
I give and bequeath unto Suzwell Barker, Sally Barker, Elizabeth Barker, Emily Barker and Ada Barker, my negro man Sam and his wife Milly (and their children Suekey (and) Moses and also my young negro man Jack , with the future increase of the females of the said negroes, to be equally divided , among them respectively and their heirs forever.
I give and bequeath to my niece  Ann Hughes the widow of my nephew, John Hughes dec'd. my old negro woman Jemmy and forty dollars, and also the tract of land whereon I now live to be valued to her by respectable gentlemen and accounted for as herein after expressed, to her & her heirs forever.
I lend unto my niece  Margaret Talley during her natural life my tract of land lying near the Rawleigh which I purchased of Billy Talley and the land which I purchased of my nephew David Hughes being a part of the tract which formerly belonged to my brother John Hughes dec'd. to be valued to her in the manner above stated, and to be accounted for as herein after expressed and at the death of the said Margaret Talley, I give & bequeath the said tracts of land above named unto the children of the said Margaret Talley, James Talley, Mary Talley, Francis Talley, Louisa Talley & Martha Talley, to them and their heirs forever.
And all my estate which is not herein before disposed of being ascertained to that amount the value of the land aforesaid is to be added after which the aggregate amount is to be divided into two equal parts one of which parts I give and bequeath unto my niece  Ann Hughes.
And the other part I lend unto my niece  Margaret Talley and at the death of the said Margaret Talley I give and bequeath the same unto the children of the said Margaret Talley, by name James , Mary , Frances , Louisa and Martha Talley aforesaid.
Witness my hand and seal this 10 th day of July 1834.
Signed, sealed, published & declared by Margaret Burnett to be her last Will & Testament in the presence of
Margaret her Burnett mark
John Tate
John A. Mills
Robert Richardson
At a Court of Quarterly Session held for Hanover County, at the Courthouse, on Tuesday the 22 nd of July 1834. - This last Will & Testament of Margaret

Burnett decd was proved by the oaths of John Tate, John A. Mills and Cobett Richardson, the witnesses thereto, and is ordered to be recorded
Teste, Philip B. Winston C.H.C.
In Hanover County Court, July 22 nd 1834.
The last Will and Testament of Margaret Burnett decd was proved by the oaths of John Tate, John A. Mills and Cobett Richardson the witnesses, thereto and is ordered to be recorded; And thereupon on the motion of John Tate a certificate is granted him for obtaining letters of adminis- tration with the will annexed of the estate of the said Margaret Burnett decd, he having taken the oath of an administrator with the will annexed, and with Parkes Street, his security, who justified as to his sufficiency, entered into and acknowledged a bond accor- ding to law; which bond is also ordered to be recorded.
State of Virginia: Hanover County, ss to wit:
I Philip B. Winston, clerk of the court of the said county, in the State aforesaid, do hereby certify, that the foregoing are true transcripts from the records of the said court.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said county the thirty-first day of October one thousand, eight hundred and thirty four
Philip B. Winston C.H.C.

In the name of God Amen, I Richard Burnett Senior being in body feeble, but of sound and disposing memory, do ordain this my last will and testament. Firstly. I wish my body to be decently interred
Secondly. After the payment of my just debts I loan to my wife my negroes, money, furniture, stock and property, of every kind during her natural life
Thirdly. After the death of my wife, I give and bequeath unto my nephew Richard Burnett junior forever the negroes, money, furniture, stock and property of kind loaned to my wife during her natural life.
Fourthly and lastly. I constitute (and) appoint Richard Burnett junior my Executor Given under my hand (and) seal this fourth day of August 1829
Hanover August 20 th
1829
Witnessed by John R. Whiting Isaac Burnett
Richard Burnett (seal)
At a court of Monthly session held for Hanover County, at the Courthouse, on Tuesday the 27 th of August 1833.
This last Will (and) Testament of Richard Burnett, sen d . dec d . was proved by the oaths of John R. Whiting and Isaac Burnett, witnesses thereto, (and) is ordered to be recorded
Sist.
Philip R. Winston (Clerk)
In Hanover County Court, July 22 nd 1834
On the motion of Richard Burnett Jun r , the Executor named in the last Will (and) Testament of Richard Burnett sen d . dec d , a certificate is granted him for obtaining a probate of the said Will, he having taken the oath of an Executor & with Robert Anderson his security, who justified as to his sufficiency, entered into & acknowledged a bond according to law; which bond is ordered to be recorded
In Hanover County Court, September 23 rd 1834
On the motion of Richard Burnett Esq r of Richard Burnett dec d . It is ordered to be cer- tified that it appears to the court by satisfactory evidence that the said Richard Burnett died on the 24 th day of July 1833.

1474
REJECTED
P. O. Richard Russell
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Charges: _____
Re-enlisted: _____
Attorney: _____
P.D. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Richard Burnett
Virginia
Suspended
17. Decr 1834
13. May - 1835. Same
H. A. Claiborne
" " " Oct. 29. 35
1474

Oct 29
V o
FREE
J. S. Lowrey Esq. Commissioner of Pensions Washington City

Richmond 17 th Oct 1835
J. L. Cawwars esq Sir
Yours of the 13 th May last is now before me in reply to mine to you in relation to the claim of Rich d Burnell for a Pension in which you observe that "Unless further and more satisfactory proof is produced showing him (meaning Rich d and Burnell) to have been attached for this purpose (meaning for making cartridges) his employment cannot be regarded as Military service. — I now inclose to you the affidavits of John Selm Bailey and John Kirby made before the Judge of the Circuit Superior Court of Hanover County which I believe must be considered as furnishing not only further more satisfactory but conclusive proof that Richard Burnell was whilst in service as a drafted Soldier detailed for the purpose of making cartridges. At this day better proof I presume does not exist at any time better proof could not have been obtained except the order of the Officer or his return that Burnell had been detailed for that purpose and such proof cannot possibly be obtained, the papers of the revolutionary war of that description are all lost. By referring to the documents which I heretofore transmitted to you you will find when Burnell died, that he was survived by Margaret his widow, when she died & who are the personal representatives of Richard & Margaret so that if the pension is allowed you will have no difficulty in apportioning it, in finding how much is to be paid to the estate of

of Richard & how much to the sister of Margaret. Be good enough to let me hear from you as soon as convenient
Respectfully Yr Obedt Servt
Herbert H. Claiborne

J. L. Camarero
Comisionado de Pensiones
Washington

Richmond 13 th December 1834
J L Canum esq Dear Sir
Accompanying this you will find the papers relating to the application of Richard Burnett late of Hanover County (Va) for a pension & though the applicant hath since died his declaration was made before his death & therefore under the act of Congress the pension that he is entitled to should be allowed up to the time of his death. You will perceive by the papers that Richard Burnett the applicant died in July (the 24 th ) 1833 & that he was survived by Margaret his wife, that she has since died & that Rich d Burnett jun is the personal representative of the test & John Pate of the last. I presume therefore that the pension allowed up to the 4 th March 1833 must be made payable to Rich d Burnett Esq r of Richard Burnett and the fraction of the pension from the 4 th March to the 24 th July 1833 (when the old man died) must be made payable to John Pate adms with the Will annexed of Margaret Burnett esq d . The proof I believe is now all sufficient the credibility of George Burnett is certified in the most formal manner, the certificates as to the credibility of Benjamin Hughes are not certified with as such  so formal though I hope with sufficient formality, but it could not be certified with more formality unless the parties had gone up to Cabell County where the witness resides & that would have subjected them to more inconvenience and

and expense than was ever intended as appears by the rule to which I have prefixed the initials of my name on the third page of your instructions Be good enough to let me hear from you as soon as possible
Very respectfully
Yours Obediently Herbert A. Blackwell

May 11 Va -
FREE
J. H. Lawrence esquire Some of Pleasures Washington City
11

FREE
J. L. Lawrence esquire Board of Pensions Washington City
FREE

Richmond 27 th May 1835
J. L. Edwards Esq r Sir
Yours of the 17 th of December last was duly received but the requisitions thereof have not been attended to at an earlier period as I seldom go to Hanover County but have recently been as you will perceive by the inclosed Document. In your letter you state That you had received the papers of Richard Burnell and upon further examination find that the first item of service which he claimed to have served six months and that he was engaged during this time in making Cartridges. That he subsequently served two hours more one of three months and one of two months. That the first named service cannot be considered as military service without direct testimony showing that he was drafted and bound to military service and that he was detailed for this service. That without establishing the six months service the whole claim fails as the balance of the alleged service amounts to five months only. That before a certificate can be issued, if the claim be established it must be made to appear before the Court the time of the death of Mr Burnell and names of the children to whom alone the certificate must issue. That the certificate of the Court must be presented to this Office duly authenticated. The document inclosed is a copy from the records of Hanover Superior Court of Law. The witness would have been examined in the County Court of that County if it had sat but as there was no County Court this month the business was done in the first mentioned Court and I presume will answer just as well if not better. By the Document you will find that it is fully proved that Richard Burnell was drafted into military service for six months during that term.

term of service was with others detailed to make traces  copies If you will refer to the papers which I heretofore transmitted to you it will appear from them that Richard Burnell never had any children and that he was survived by his wife. I also sent you copies of records showing that Burnell made a will and who he had qualified as his personal representative, that his wife has since died and who is her personal represen- tative and as well as I recollect the period at which both of them died in order that you might ascertain what part of the pension allowance should go to the representative of Burnell and what to that of his wife. However the certificate now sent proves those facts again and the copy of the records sent some time ago shows that Richard Burnell jr is the the representative of the husband and John Pate of the wife. If the pension is allowed be good enough to include the papers to me as soon as possible as the claimants who live in the country will call here for them
respectfully yours Herbert H. Blackburn

Rich Burnette
22988

Hanover County to wit
George Burnett made Oath before us Justices of the peace for the said County - That his brother Richard Burnett served as a Militia man in the War of the Revolution - first a four mostly about Richmond and Westham and engaged in a Laboratory making Cartridges, which was called as well as he recollects a six or eight months four - From which he had just returned home, when he was again called into service, mostly about Richmond and on James River - And that he had got home from this second tour but a very short time, when he was called into service again, and marched down to the Siege of Cornwallis at York Town
And the said George Burnett further made Oath - That he believes himself to be about sixty nine years old - And also, that his brother Richard is about six years older than he is, as he has understood and believes.
Given under our hands as Justices of the peace for the aforesaid County of Hanover this 1 st day of September 1832.
B. Streets John Pate
Hanover County to wit
I Parks Street a Justice of the Peace for the said County, do certify that I have been acquainted with George Burnett the witness who deposed above, for more than forty years, and that I consider him a credible witness.
Given under my hand this 18 th day of October 1834.
B. Streets
Hanover County to wit.
I John Pate a Justice of the peace for the County of Hanover do hereby certify that I have been acquainted with George Burnett the witness who deposed above for more than twenty five years. And that I consider him a credible witness.
Given under my hand this 28 th day of November 1834
John Pate

Hanover County, to wit;
Benjamin Hughes of the County of Campbell, made Oath before us Justices of the peace for the said County of Hanover - That in the year 1781 he lived in this County, and that in that year he served a three months tour of Militia duty with Mr Richard Barnett, they being called out from the County, under Capt Thomas Richardson - That they both entered the service at the same time, about the month of May, and both were discharged about the same time - That this service was performed at Richmond, and up and down James River, and in the County of Hanover. - And in the fall of the same year, that he served another three months tour of Militia duty with the said Barnett, under Capt. William Anderson, both entering the service at the same time, and both being discharged about the same time, which last service was performed a little preceding and during the siege of Cornwallis's army, at York Town, till it was captured surrendered and the said Benjamin Hughes further made Oath, that he had been acquainted with the said Richard Barnett from his boyhood, that the said Richard Barnett is older than he is, and that according to his Register and as he believes he is truly eight years old last October.
Given under our hands and seals this 16 th day of August 1832.
B. Breesy J. B. Ely
Henry Curtis
Hanover County to wit
I Parke Street a Justice of the peace for the said County, do Certify that I am not acquainted with Benjamin Hughes the witness who deposed above, but that at the time he did depose, he appeared to be a decent intelligent man, and to be respected by those present who professed to be acquainted with him - And that I have never heard any thing to his discredit.
Given under my hand this 18 th day of October 1834.
Breesy
I subscribe to the above views in relation to the deponent Benj. Hughes B. Breesy Henry Curtis

In Hanover Circuit Superior Court, October 19 th 1835
This day Solomon Bailey, a credible witness, appeared in Court & having been duly sworn deposes and saith, that he is now in the seventy eighth year of his age; that in the early part of his life he was intimately acquainted with Richard Burnett late of this County, (and) that that acquaintance continued till the death of said Burnett; that this affiant entered into the Continental Service in the War of the Revolution in 1776 and after being in the battles of Monmouth, Pauls Neck and at Stony Point under Genl. Wayne and with Majr. Greene, got his discharge near Christmas in 1779 (and) returned home. In 1780 and 1781 he served several calls in the Militia till the siege of York as all had to do their best during the invasion of Virginia by Arnold, Phillips and Cornwallis. This affiant recollects distinctly that in the spring of 1780 he saw the said Richard Burnett in the City of Richmond he being then a drafted Militia Soldier for a six months tour of service, and this affiant knows that he served as a soldier fully six months, (and) he believes much longer, either as a substitute or volunteer or in consequence of being again drafted in those busy times. When he saw said Burnett in Richmond as above mentioned, he was very busily employed making cartridges, and this affiant understood from him, from two of Col. Tucker's sons & from other soldiers who were making cartridges at the time, that they had been detailed for that purpose. On the motion of Richard Burnett Esq. & as said Richard Burnett decd., is ordered to be certified
In Hanover Circuit Superior Court, October 19 th 1835
This day John Kerby, a credible witness, appeared in Court & having been duly sworn deposes and saith, that he is now seventy years of age as near as he can judge; that he was intimately acquainted with Richard Burnett, late of this County, having lived near neighbors all their lives; that he recollects distinctly that when he was about fifteen or sixteen years of age said Richard Burnett was drafted for a six months tour of service in the Militia and he, the affiant, is satisfied that he was in service fully six months and believes much longer, for he recollects distinctly that George Burnett, his brother, was in the habit of carrying to

Richard Burnett, whilst in service as a soldier in Richmond (which was twelve miles off), clothes and other things sent him by old Isaac Burnett his wife, the father and mother of the said Richard. Whilst said Richard Burnett was serving his term of service this affiant recollects that a good many people were hired to make cartridges as there was a great call for them, but not being able to make them fast enough some of the soldiers were detailed for that purpose and amongst those that were detailed was Richard Burnett. This affiant understood from said George Burnett and others of the family that said Richard Burnett was removed, whilst in service, from Richmond to Westham, some few miles up James River, but he, this affiant, never went to Westham to see him. (As of which, on the motion of Richard Burnett, son of the said Richard Burnett now, is ordered to be certified.)
Virginia: Hanover County, to wit:
I Philip B. Winston, Clerk of the Circuit Superior Court of Law and Chancery for the said County, in the State of Virginia, do hereby certify that the foregoing are true transcripts from the records of the said Court.
In Testimony whereof I have hereunto set my hand, and affixed the seal of the said Court, the twenty sixth day of October one thousand, eight hundred and thirty five.
Philip B. Winston C.C.