Revolutionary War Pension and Bounty Land Warrant Application File R. 1518, John Burton, Va.

SERVICE
NUMBER
Va.
Burton, John
92 1518
CONTENTS
[Blank lined area for entries]
[Blank lined area for entries]

Declaration,
In order to obtain the benefit of the act of Congress of the 7th of June, 1832. State of Ohio
County of Greene } ss. On this Ninth day of July eighteen hundred and thirty eight personally appeared in Open Court before the Judges of the Court of Common Pleas for said County, John Benton a resident of the Township of Cambridge in said County of Greene, aged seventy five 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 provisions made by the act of Congress, supra June 7th, 1832. That he was drafted into the Army of the United States in the year 1781. and immediately placed under the Command of Captain Blank Brooke or Bloke and served in the Blank regiment of the Virginia line, which said Regiment was Commanded by Colonel Blank Brady, under the Command of the following named officers, Colonel Blank Brady, Captain Blank Brooke or Bloke and Blank Sevenpart who was either a Lieutenant or Ensign in the Company in which deponent served, that he left the service in the Spring or Winter of the year 1782. That he served as aforesaid for the period of three months that he resided in Berkeley County in the State of Virginia at the time he entered the service as aforesaid, that he marched or rather met at Winchester in the State of Virginia and marched from there out about four miles to the barracks and remained there during the whole three months of his service as aforesaid and was employed in guarding prisoners taken at the Capture of Lord Cornwallis at York Town. He hereby relinquishes every claim whatever to a pension or annuity except the present, and he declares that his name is not on the Pension Rolls of any agency in any state and that the reason he had not before applied for a Pension is that he was informed and believed that he could not obtain a pension except he could prove his service by some person who knew him when in service, and he knew of no such proof. So far to and subsisting the day and year aforesaid.  Attest Moses Lambert Clerk John x Benton  And the Court aforesaid do hereby declare their opinion, that the

the above named applicant was a Revolutionary Soldier and served as he stated.
I Moses Sarchet Clerk of the Court of Common Pleas for the County of Greene in the State of Ohio, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of John Benton for a pension. In testimony whereof I have hereunto set my hand and seal of office this ninth day of July Anno Domini 1838- Moses Sarchet Clerk

See N o . 34,586 Nov. 27/52 John Benton, dec d . Ohio.
June 7 th 1832.
James DeLong, Cambridge Ohio.
8/5/

Pennsylvania and resided there about 12 years and from the latter place they moved to Cambridge Township, Guernsey County, Ohio and they do further say on their solemn oath that the persons named within to wit John Benton and Basil Benton are the only Brothers they have living and no Sisters
They make this declaration for the purpose of obtaining the persons to which they may be entitled as heirs and legal representatives of the said John Benton deceased as aforesaid under the act of Congress of
her Christian & Clark Seal mark
Margaret & Speers Seal
Sworn to and subscribed before me in open Court on the day and years aforesaid and I do further certify from my personal acquaintance and the character the applicants bore in society that are Ladies of truth and veracity
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Cambridge the day and year aforesaid
James DeLong Probate Judge

The State of Ohio Greene County ss
On this 28 th day of October in the year of our Lord one thousand eight hundred and fifty personally appeared before me James Delang Judge of the Probate Court within and for the County of Greene and State of Ohio Christian Clark formerly Christian Benton aged sixty years in the month of November 1852 a resident of Greene County Ohio and Margaret Speers formerly Margaret Benton aged forty four years on the 12 th day of January 1852 a resident of Belmont County Ohio - being duly sworn according to Law depose and say that they are children and heirs of John Benton who was a private in the Revolutionary war with Great Britain in the Company commanded by Captain - and served in the Regiment of
and on oath they do further say that John Benton aged about 63 years a resident of Athens County Ohio and Basil Benton aged about 56 years residents unknown are Brothers to us and heirs of the said John Benton who departed this life on the 10 th day of November 1845, in Cambridge Township Greene County Ohio that their Mother Sarah Benton departed this life on the 24 th day of April 1824 that they were married on the 12 th day of November 1885 at which time they were residents of the State of Virginia and resided in said State of Virginia about 54 years after marriage and then moved to the State of

Ohio July 23 J. N. Burton act 1832 July 18
Pension Office Pension claim
Dear Secretary of War.
Washington City D. B.
Yours

Cambridge Ohio July 19 th 1838
Dear Secretary of War. Sir
I enclose to you the declaration of John Benton recently made for the purpose of obtaining a pension. The reason why the applicant did not sooner apply is stated in his declaration, you will discover some of the defects of his application -
I am Sir
W. W. Tracy

John Burtons declaration
V 324. 586 John Burton Ohio
W.W. Tracy

V 34.586 John Burton Ohio
Rejected
La. Ct. 24 July 1838 M.W. Foster,
Isaac Morton March 5 1853 To, Belamy May 4, 1853
Revised Of this six notes,
John H. Ash,
June 7, 1854,
Same, July 20 1854,

John Barton Ohio
John Hon. J. P. Walker Commissioner of Pensions Washington D.C.
FREE

Nov 27. 1852 See 34,586. Additional Dec. of John Buffon decd. W Ohio
Act 7th June 1832
Ja Deloney Cambridge Ohio
Wm Lloyd Han V. Heath Garrison of Penna Washington D.C.
FREE

Cambridge Ohio July 17 th 1854
Dear S r P. Waldo
Dear Sir
Your communication of June 7 th is before me, and in reply have only to say that we are not so very certain that the John Bertin named in the certificates, (for was the same individual as to both) and the John Bertin of this County was not one and the same person - neither did he claim that he guarded prison during his last tour of 3 months, a part of that time was so employed. He was out three times.
If the declaration put in, so says, it was a mistake of the attorney.

we think that we can make it appear very evident that John Berton did render sufficient service during the War of the Re- -solution to entitle him to a pension under the Laws of his Country. neither is it our desire "to press the matter further upon your attentions " upon the present exhibits. my object in first writing was that the heirs having applied to me. I merely wrote to know how the case had been disposed of. whether suspended or rejected. If however you will be so kind as to inform me whether the deceased (John Berton) made personal application or not and mail me those certificates together with a copy of the Regulations. we

Shall commence " de novo " and I think we will have but little difficulty in identi- fying John Burton late of Green- County deceased. with the John Burton of the certificate —
With every sentiment of respect I have the honor remaining your obt Servt.
John H. Ash
Hon L. P. Waldo 3

See N o 34,586.
John Burton dec. Ohio.
Letter to James Deloney 14 th May 1853.
Rejected.
Served life than six months.
Act 7 th June 1832.

Acts of July 14, 1862, and March 3, 1873.
1518 REJECTED
P. O. John P. Burdon
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Cambridge Ohio
June 1st 1854
Sir:
Some time since papers were filed in your Office in support of the claim of the heirs of John Burton dec d for Revolutionary Pension. I am not positive as to what disposition was made of the claim at that time, and would be glad to know, if rejected, upon what grounds, and if suspended for want of sufficient evidence, what proof is required. I have written to the " Auditor of Virginia " for the purpose of obtaining evidence of service, and I herewith enclose you the Certificates furnished by him. I think they show conclusively that the deceased served, and by the Amount paid as shown in his settlement with the State of Virginia, that the service was of sufficient duration to have entitled him to a Pension in his lifetime, which he never received, and is now due his legal representatives — I also enclose a Power of Atty, authorizing me to prosecute the claim — I would be glad to hear from you as soon as possible, let me know the situation of the Case, what additional evidence is necessary and it shall be furnished if possible.
Please send Blank Forms, provided you have enough as will suit the evidence relating to (Over)

make the claim complete. John Berton deceased served under Capt Cloak & Col Briscoe I have the honor to be very Respectfully your old Servt John H. Ash
Hon L. P. Waldo Commr. of Pensions,

Office of Probate Court Cambridge Guernsey Co Ohio Nov 20 1852
Hon J. D. Heath
Dear Sir
I herewith forward the declarations of Christian Clark and Margaret Spens for pension here and legal representatives of John Benton a revolutionary soldier There can be no possible doubt of their right to recover They received a letter of Pension agent from Gann bits proposing to obtain the pension for one half of all they could get and they came to consult me on the subject and desired me to make out the papers for them and to do the corresponding will you be so good as to give this application your especial attention and inform me of the result of the papers and also what other evidence you may want
Respectfully Your obedt servant James Delong

I know all men by these presents. That we John Burton of the County of Athens and State of Ohio. and Christina Clark formerly Christina Burton. of Linnsey County and State aforesaid. children and heirs of John Burton deceased. a Revolutionary soldier. of the Virginia Continental line. and to whom a pension is supposed due from the United States, do hereby constitute and appoint John H. Ash. of said County of Linnsey. Ohio our true and lawful attorney. for us and in our name to prosecute said claim and receive certificate therefor
Hereby ratifying all and singular our said attorney may or shall do in the premises
Witness our hands and seals this 30 th day of May A D 1854
John his Burton Christina her Clark
In presence of Alexander Clark W. R. Buchanan
The State of Ohio Linnsey County ss Be it known. That on the Thirtieth day of May Eighteen hundred and fifty four. before me a Justice of the Peace within and for said County personally came John Burton & Christina Clark above named in the foregoing power of attorney and acknowledged the signing of the same to be their act and deed for the purposes therein expressed. This 30 th day of May 1854 W. R. Buchanan, J. P.

The State of Ohio Guernsey County ss. I William M. Farris Clerk of the Court of Common Pleas of said County. do hereby certify that W. P. Buchanan whose genuine signature appears on the foregoing instrument was at the time of signing the same. and now is an acting Justice of the Peace within and for said County. and that his official acts as such are entitled to full faith and credit.
Witness my hand and seal of said Court at Cambridge this 30 th day of May 1854.
Wm M Farris Clerk E. C. P. Co.

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line as settled their Accounts and received Certificates for the balance of their full pay, according to An Act of Assembly, passed the November Session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (See Hening's Statutes at Large, Vol. 10, p. 462,) that a settlement was made on the 30 th day of Novem r 1785 in the name of John Burton as So d Inf ry _____ and evidence of the indebtedness of the State to him for £22,19,0 _____ delivered to Col o Christopher _____ but as the original settlements or copies thereof are not to be found in this Office, the term of service embraced therein cannot be stated _____
Given under my hand, at the First Auditor's Office, Richmond, this
22 nd Day of May _____ 1854 _____
{ NO SEAL OF OFFICE. }
G. M. Clutter Col o P. Accts

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line as settled their Accounts and received Certificates for the balance of their full pay, according to An Act of Assembly, passed the November Session 1781, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (See Hening's Statutes at Large, Vol. 10, p. 462,) that a settlement was made on the 2 nd day of September 178 5 in the name of John Burton as Sergt Inf _____ and evidence of the indebtedness of the State to him for £20 10 8 3 6 _____ delivered to Sam l Johnson but as the original settlements or copies thereof are not to be found in this Office, the term of service embraced therein cannot be stated _____
Given under my hand, at the First Auditor's Office, Richmond, this 22 nd day of May _____ 185 4
{ NO SEAL OF OFFICE. }
G. W. Chichester W. P. Nicholls

No
John Burton Esq. Ohio.
Act 7 th June 1832.
James Deloney Esq. Cambridge, Ohio —

State of Ohio Guernsey County ss
Be it remembered that before me James Delong Judge of the Probate Court within and for the County of Guernsey and State of Ohio personally appeared appeared Christian Clark formerly Christian Benton aged Sixty five in the month of November 1852 a resident of Guernsey County Ohio and formerly Margaret Clark Margaret Speer aged 46 on the 12 day of January 1852 who being duly cautioned and then sworn in due form of law, states that they are children and heirs of John Benton who was a revolutionary
That he died on the 18 th day of November 1845 That their Mother named Sarah Benton died on the 24 day of April 1824 That they were married on the 12 th day of November 1835 and that they were residents of the State of Ohio and that they resided there about Six years and then moved to the State of Penn- sylvania and resided in the State of Penn- sylvania about 12 years and from that place They moved to Cambridge Guernsey County Ohio and they do further on oath say that they have two Brothers to wit John Benton who resides in Athens County Ohio aged about 63 years and Basil Benton aged about 56. place of residence unknown
And that furthermore By these presents we do constitute appoint and fully empower and authorize, irrevocably and with power of substitution Isaac Morton
as our true and lawful attorney for us and in our name and stead to examine into, to prosecute to demand and to receive from the U.S. Government and State officers our rights in all and in any manner of claim for increase or arrear of pension or land that may be due us
who died leaving the same undrawn as

in right of Law we may be entitled
In witness whereof we set our hands and affix our seals this 28 day of October 1852
James Delong
John H. Hark
John H. Hark
} }
Christian her + Clark Seal mark
Margaret her + Speers Seal mark
signed sealed acknowledged and sworn to before me and I do further certify that the names of the parties before mentioned has always been known by the names as given in the within Power of attorney
In testimony whereof I have hereunto set my hand & affixed the seal of said Court at Cambridge Mussey County Ohio this 28 day of Oct 1852
James Delong
Probate Judge