Revolutionary War Pension and Bounty Land Warrant Application File R. 1516, Hutchens Burton, Va.

SERVICE
NUMBER
Va.
Burton, Hutchens
P. 1516
CONTENTS

State of Virginia. Mecklenburg County } ss
On the 15 th day of October 1832. Personally appeared in open court before George Rogers, Nathaniel Alexander, Richard H. Walker & Wm. Birchett the court of Mecklenburg County now sitting Hutchings Barton, a resident of Mecklenburg county and state of Virginia, aged sixty eight years, who being first duly sworn according to law, doth on his oath make the following declarations, in order to obtain the benefit of the Act of Congress passed June 9 th 1832. That he entered the service of the united states under the following named officers, and served as herein stated. In the month of June in the year 1780. he was drafted and detailed to march to the south, on a tour of six months, under the command of Capt Richard Swepson, Lieutenant John Clegg and Ensign Douglas Fannin, he marched to Hillsborough in the state of North Carolina, and there joined the troops under the command of General Stephens, from Hillsborough he marched into the state of South Carolina, and near Camden in South Carolina joined the troops under the command of General Gates, and near Camden in South Carolina they fought a battle with the British Army, in which he was engaged, and after the defeat of General Gates's Army, they again reorganized at Hillsborough in the state of North Carolina, and from thence marched into Caswell county and from thence to Guilford Court House in the state of North Carolina aforesaid, and was there discharged, and returned home, in the month of October in the same year.
He has no documentary evidence of his ever having entered the service or of his having been discharged from the service, he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares his name is not on the pension roll of the agency of any state. he knows of no person by whom he can prove the service aforesaid except Joseph Butler whose affidavit is hereto annexed.
Hutchings Barton

The affidavit of Joseph Butler taken in Dayton in the county of Mecklenburg and State of Virginia on the 15 th day of October 1832. who being of lawful age and duly sworn on the Holy Evangelist saith, that in the year 1780 he marched in the Army of the united states, to the south that Hutchings Burton served in the same town of duty, that he has examined the declarations of said Hutchings Burton which are hereto annexed, that the said declarations are strictly correct and true
Joseph Butler
Mecklenburg county ss
The foregoing affidavit was subscribed and sworn to before me Joseph D. Clausel a Justice of the peace for the said county the 15 th day of October 1832
J. D. Clausel J.P.
I, Joseph D. Clausel residing in the county of Mecklenburg, hereby certify, that I am well acquainted with Hutchings Burton, who has subscribed and sworn to the within declaration; that I believe him to be sixty eight 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 I concur in that opinion
J. D. Clausel
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.
I John G. Baptist clerk of the court of Mecklenburg County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Hutchings Burton for a pension.
In testimony whereof I have unto it my hand and seal of office this 15 th day of October 1832.
J. Baptist

20871
Hutchings Burton Va
Rejected 3 Months Service
Ind. G. Baptist C.C Boydton Pittsylvania Va

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 subjjoined 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 Abraham Beaton  enlisted at 80
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     June '80 to Octr 3 pr. Capt. Beaton Genl. Shelby Cameron V. & H. C. 68. Tradg. certifi- unauthenticated  
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, _____ 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 day 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 he 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 [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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. } - 3 -
W. L. Potter atty Ex Off

March 21, 1908.
Hon. Adam M. Byrd,
House of Representatives.
My dear Mr. Byrd:
In reply to your letter dated the 19 th and received the 20 th instant, I have the honor to advise you that from the papers in the pension claim R. File 1516, it appears that Rutahens Burton was drafted in June 1780 under Captain Richard Swepson, joined the troops under General Stevens at Hillsborough, North Carolina; marched to South Carolina where he joined the command of General Gates near Camden, was in the battle of Camden, received his discharge at Guilford Court House, North Carolina, and returned home in October 1780.
He was 68 years of age and a resident of d Mecklenburg County, Virginia when he applied for pension October 15, 1832, but his claim was not allowed for the reason that he failed to prove six months' actual service as required by the law of 1832.
From the papers in the pension claim S. File 16,819, it appears that Sturdey Garner was 17 years of age and a resident of Orange County North Carolina when he enlisted in 1779 (as a substitute for his brother Lewis who had a family to support) and served under Captain William Gwinn, Colonel William O'Neal in pursuit of Tories under Colonel Fanning for two months; in 1780 he went to Prince Edward County, Virginia, and was drafted in the Spring 1780 under Captains Jesse Owens and Jones, Colonel Faulkner, in the Virginia troops, was in the battle of Camden and served until

September or October, 6 months; onlisted in 1781 under Captain Wilson, Colonel John Holcomb, Virginia troops, and served until September, 2 or 3 months.
Soldier was allowed pension on an application executed October 29, 1832 at which time he was 70 years of age and a resident of Madison County, North Carolina . Alabama
No further data as to family.
Very respectfully,
Commissioner.

Act of June 1832
Rejected.
Hutchings Burton, Virginia.
N 16

Hutchings Benton
. 2081A

NOVEMBER 1862
Dec. 17
To the Honorable
Secy of War 2080 1/4
Mail 33
Free
The Secretary of War
Washington City

1907 June 13. Hist. to Jeff W. Bedford, letter in Wilson's File 48,412. c 1908 Mar. 21 - Hist. to Hon. F. M. Boyd letter in S. File 16,819 p
Act of July 14, 1862, and March 3, 1873.
1516 REJECTED
P. O. Hutchings & Burton
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C., _____, 190__
In reply to your request of _____, received _____ for a statement of the military history of Hutchens Burton a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. Rej- 1516
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     June 1780 was discharged at his home in Oct. 1780 Rich'd Swepson ✓ Genl Stevens Va                                                                 
Battles engaged in, Camden
Residence of soldier at enlistment, ✓
Date of application for pension, Oct. 15, 1832
Residence at date of application, Mecklenburg Co., Va
Age at date of application, 68
Remarks:
Rej- did not serve 6 mos
Very respectfully,

Congressional 8-565.
RECORDS DIVISION
Department of the Interior,
BUREAU OF PENSIONS,
Mar. 30, 1908.
Searched by Hill
Original No. _____
Certificate No. _____
Claimant, _____
Soldier, Witchins L. Burtin
Service, _____
Rev. War
Remarks: _____
No claim as above except R. 1516.
_____ Chief of Division.