Revolutionary War Pension and Bounty Land Warrant Application File W 14424, William Burgiss, Mass.
Page 1

Mass.
Burgiss, William or
Burgess or
Burges

W 14424

Lucy
Page 2

No 27,759
Massachusetts
William Burges
of Yarmouth in the State of Massachusetts
who was a private in the company commanded
by Captain Winslow of the regt. commanded 
by Col. Ward in the Massachusetts 
line for 16 months and 18 days.

Increased ______$28.66
Inscribed on the roll of Massachusetts
at the rate of 55 dollars 33 cents per annum
to commence on the 4th day of March 1834.

Certificate of Pension issued the 1st day of August
1835          and
Page 3

Massachusetts
Lucy Burgees
widow of William Burges
who was a private
in the ____Massachusetts line for 
16 months 180 days
______
Inscribed on the Roll at the rate of 
55 Dollars 33
Cents per annum to commence on
the 4th days of March 1843

Certificate of Pension issued the 
29th day of May 1843
and sent to 
I. H. Soud
Plymouth
Mass

Act of March 3, 1843
Recorded in Book A
___ 1 Page 36
Page 4

23091
William Burgess

Depositions of 
John Burgess
Seth Cushing
Ebenr. Wright

Admitted
Private 8 mo & 18
days.
Page 5

REVOLUNTIONARY PENSIONERS
Commonwealth of Massachusetts
COUNTY OF PLYMOUTH SS
ON this 14th day of august 1832 personally appeared
in open Court, before Solomon Strong Judge of the Court of Common
Pleas now sitting at Plymouth within
and for said County of Plymouth, William Burges a resident of Plymouth in said County of Plymouth, and Commonwealth of Massachusetts
aged 70_____ 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 Congressed passed June 7, 1832.  He hereby relinquishes
every claim whatever to a pension or annuity except the present, and declares that
his name is not on the pension roll of the agency of any State.  That is to say, that he entered the service of the United States under the following named officers and served as herein stated.
That he enlisted at Plymouth as the second
________ months _______ ________in
Capt. Harlow's company Colo Woods Regt
in 1778 at White Plains and other places
in the State of New York
See depositions of Ebenezer Wright and
Seth Cushing.
then ____enlisted sometime in the year
1779 again at Duxbury in M_______
___ ____ served as a private two years
under the command and in a company
commanded by Lt. John Washburn at
the Fort Garrison on the _____ at
the entrance of Plymouth harbor in Massachusetts.  See deposition of John Banges
He has no discharge and knowns now whether
the service was States or Continental
He was born in Duxbury in said 
state in 1762, has no record of his birth and has always lived in Scido Duxbury & Plymouth
Page 6

_____character he refers to the ____ of M.
Davis and Reid Benjamin Whitemore both of Plymouth.

My name is one ___ _____ _____ & ____
__________

(rest of words to faint to read)

                                    William Burgis

Sworn to and ____ on the day and year
aforesaid before this Court of Massachusetts
Page 7

We James Kendall___ a clergyman residing in the
town of Plymouth and Zacheus Bartlett residing in the Plymouth hereby certify, that we are well acquainted with Wm. Burgis who has subscribed and sworn to the above declaration; that we believe him to be 70 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution and we concur in that opinion.  

Sworn to, and subscribed in the day and year aforesaid  James Kendall Z Bartlett and one other signature unable to read.

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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that James Kendall
who has signed the preceding certificate, is a clergyman resident in the town of  Plymouth and is a credible person and that their statement is entitled to credit.
                  By order of the court 
                  Jno. B. Thomas

I, _________ of the Court of Common 
do hereby certify that the foregoing contains the original proceedings of the said Court
in the matter of the application of William Burgis for a pension.

In testimony  whereof, I have hereunto set my hand and seal of this office, this fourteenth day of August in the year of our Lord one thousand eight hundred and thirty two.
                           Jno. B. Thomas
Page 8

Married by Rev. Zedekiah Sanger March Tenth
one thousand seven hundred eighty three
William Burgess Plymouth and Lucy Sampson
Duxbury.  The foregoing is a true copy of the
record with the exception of the date which
is extraction on the records in fair legible
figures as follows "March 10th, 1783..
                               Josiah Moore Pastor  of the Congregational Church in Duxbury.

I Josiah Moore above named ___ &
say that I hold the office of Pastor of the Congregational Church in Duxbury where of Zedekiah Sanger was formerly Pastor& that the above is a true extract from the records of said church in my possession with the exception above named or certified by me.

                          Josiah Moore
Plymouth County ___ on this twenty sixth day of July 1838 Personally appeared Josiah Moore above named & subscribed & made oath to the truth of the above certificate before me.

                 Seth Sprague
Page 9

Plymouth .  I Jacob H. Loud, Register of Probate
for said Court do hereby certify that Seth Sprague ___Esq. is a Justice of the Peace in & for said County & that the within is his true & genuine signature.

    In testimony where of I have herewith
set my hand & the seal of the Court of 
Probate for said County this first day
of September 1838
               Jacob H. Loud
                         Register
Page 10

Lucy Burgess

[second page]
2112
Lucy Burgess
widow of Wm
Mass
Act 7, July 38
m.83. d 36
____________
aomo[?]
16 mo. 18 as pri
_____
$55.33/100 ["pen" crossed through]
["cone: 26 June 36 died 22" crossed through}
See letter to Hon J.Q.A.
dated 15. March 39
o.b.

Hon. J.Q. Adams 
present
Page 11

2112
Lucy Burgess
widow of Wm
Mass
Act 7. July 38
m. 83. d 36

AOMD
Hemo. 18 as pri
$55.33/100
[lines crossed out]
See letter to Hon J. Q. A.
dated 15 March 39
O.B.

Hon. J. Q. Adams
Present

[facing page, upside down:]
Lucy Burgess
Page 12

Commonwealth of Massachusetts
Plymouth County SS. Aug. 13, 1837
On this second Monday of August in the year One thousand eight hundred & thirty eight personally appeared before the Court of Probate for said County of Plymouth in said Commonwealth Lucy Burgess a resident of Plymouth in said County & Commonwealth, Widow, aged seventy five years, who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July 7 1838 entitled "An Act granting half pay & pensions to certain Widows" That she is the Widow of William Burgess late of said Plymouth deceased who was a soldier in the War of the Revolution & a Pensioner for said services under the Act of June 7 1832 his said services being more particularly set forth in his Declaration now on file in the Pension Office.
She further declares that she was married to the said William Burgess on the tenth day of March one thousand seven hundred & eighty three by the Rev. Zedekiah Sanger of Duxbury, that her husband the aforesaid William Burgess died on the twenty fifth day of January in the year one thousand eight hundred & thirty six; that she is not able to prove any service performed by him in the Revolutionary War subsequent to her marriage but the marriage took place previous to the first day of January Seventeen hundred & ninety four viz. at the time above stated.
Lucy her X mark Burgis

Sworn to & subscribed on the day & year above written, Before, Wilkes Wood Judge of the Court of Probate for said County of Plymouth
Page 13

Plymouth ss. I Jacob H. Loud Register of Probate for said County do hereby certify that Hon. Wilkes Wood is Just of Probate for said County & that the within signature purporting to be signed by him is his true & genuine signature.
In testimony whereof I have hereunto set my hand & the Seal of the Court of Probate for said County this seventeenth day of August 1838.
Jacob H. Loud
Page 14

23091
William Burges
Admd
8 Months Pri
Capt Harlow
Colo Woods
Allowed by Mr. Edwards

Zaccheus Bartlett, Esq.
Plymouth
Masstts.

[crossed out: John B. Thomas Plymouth Mass]
Page 15

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 William Burges of Plymouth Mass
[11-column table]
| Period when the service was rendered. | Duration of the claimants service. [Subs:] | Years. | Months. | Days. | 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. |
| ----- | ----- [Subs:] | --- | --- | --- | ----- | ----- 
| ----- | ----- | ----- | ----- | 
| 1778  | -- | 8 | -- | private | Capt Harlow | Colo Woods | -- | Mass & New York | 70 years  Plymouth Mass | three living witnesses |
| 79 | 2 | -- | -- | -- | Lt. Washburn | in the fort at the entrance of Plymouth | -- | | | |

I am, respectfully,
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions.
Page 16

2
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 Count of ss.
On this [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory, or District of [blank] aged (c) [blank] 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 provion made by the act of Congress, passed June 7th 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 enered [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 [blank]
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 [blank]
of the Court of [blank]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of [blank]
for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank]
day of [blank]
& 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 [blank]
and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
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. [blank]
who has signed the preceding certificate is a clergyman, resident in the [blank]
and that C.D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit. I, [blank]
Clerk of the Court of [blank]
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation [application] of [blank]
for a pension.
In testimony whereof, I have hereunto set my hand and seal [blank]
of office, this [blank] day of [blank]
& 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
Page 17

3
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 [t]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, of one lives in the immediate vicinity of such applicant, who can testify, from their acqwaintance 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 traditionary evident 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.
--------
[Notes below are numbered with brackets around letters]
[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 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 certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticate, 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.
[symbol of hand with pointing finger to right] 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 traditionary 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.
Page 18

[upper right corner:] W.C.S. Com

Rev. & 1812 Wars Section

December 11, 1925

Mrs. W. F. Robertson
Gonzales
Texas

Madam:
I have to advise you from the papers in the Revolutionary War pension claim W. 14424, it appears that WILLIAM BURGISS or BURGESS (pensioned as BURGES) was the son of Nathaniel and was born in 1762 in Duxbury, Massachusetts.

He enlisted in Plymouth, Massachusetts, about April, 1777, and served eight months as substitute for his father as a private in Captain Andrew Sampson's Massachusetts Company. He enlisted June 5, 1778, and served eight months and eight days as private in Captain James Harlow's Company, Colonel Ezra Wood's Massachusetts Regiment. He enlisted in 1779 under Lieutenant John Washburn and served two years as private; he was engaged in guarding the entrance to Plymouth harbor.

He was allowed pension onhhis application executed August 14, 1832, while living in Plymouth, Plymouth County, Massachusetts. He died there January 25, 1836.

He married in Duxbury, Massachusetts, March 10, 1783, Lucy Sampson of said Duxbury. She was allowed pension on her application executed August 13, 1838, while living in Plymouth, Massachusetts, aged seventy-five years.

Respectfully,

WINFIELD SCOTT
Commissioner
Page 19

Wm Burgess Mass. act 7 June when last pd?
G. M. C.
15 March '39

Died 25 Jany 1836 pd. to that period.
SH
Page 20

[left side:]
1925 Dec 11 [illegible] to
Mrs. W. F. Robertson
W.C.S.

[right side:]
Rev. WIDOW, &c.
File No. 14424
Lucy Burges
Widow of
William Burges
Priv. Rev. War
Act: Mar 3d. 1843
Index: -- Vol A, Page 103

[in brackets:]
[Arrangement of 1870.]
Page 21

[left side:]
See letter to Z. Bartlett Nov. [illegible] 1834 --
let [illegible] 11 March 1835
 "       "          13 May 1835.
  "      "           17 June   "
Let Sept. 36 to
Wm Thomas
let to J H Loud
Apl 1837

[right side:]
2773[illegible]
Massachusetts
William Burges
of Plymouth in the State of Massachusetts who was a private in the com commanded by Captain Harlow of the regt. commanded by Col Woods in the Massachusetts line for 8 months & 18 days
[illegible]
16 [illegible--mo?] 18 days
$55.33--
Inscribed on the Roll of Massachusetts at the rate of 28 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 day of Nov 1834 and sent to Z. Bartlett Plymouth
Arrears to the 4th of Septr. 100.31
Semi-anl. allowance ending 4 March 14.33
$134.64

{Revolutionary Claim}
{Act June 7, 1832.}
Recorded by Danl. Boyd, Clerk
Book E Vol. 2 Page 43

[handwritten:]
50
3 33
1.66
.33
55.33
Page 22

[left side:]
Massachusetts 2094
Lucy Burges
widow of William Burges,
who was a pensioner under the Act of 7 June '[18]32 and who died on the 25th January 1836 of Plymouth in the State of Massachusetts. who was a Private in the Company. commanded by Captain Harlow of the Regiment. commanded by Wood in the Massachusetts. line for 16 months 18 days
Inscribed on the Roll of Massachusetts at the rate of 55 Dollars 33 Center per annum, to commence on the 4th day of March 1836.
Certificate of Pension issued the 15 day of March '[18]39 and sent to Honorable J. Q. Adams present
Arrears to the 4th of March - $165.99
Semi-annual allowance ending 27.66
 $193.65
{Act July 7, 1938.}
Recorded by R. Burdine Clerk,
Book A Volume 1 - Page 71.

[right side:]
Letter Honorable J. Q. Adams, March 16, '[18]39.
Page 23

Pension Office
18 August 1834
Mass.
Ansd. Aug. 21st 34
See Letter

FREE 

Hon Lewis Cass, Esqr.
Secretary at War
Washington D.C. 
Pension Office
Page 24

Massachusetts, Plymouth
July 22, 1834

Sir
This will acknowledge your favor of the 8th inst, which, I suppose, brings the petition of John Burgis & Wm Burgis near to a close. They now yield reluctantly to the necessity of asking that you will send them such certificates as you think fit

You will please observe, that their claims seem to be sustained in the same manner, as that of Solomon Churchill, lately pensioned for one year in the same garrison.

I did not mean to charge the US with "negligence" as you suppose; but the Government, & military commanders of Massachusetts; for an insinuation of that sort would ill become suppliants for justice ever.

I have to apologize for stating that Wm Burgis had been pensioned under the law of 1818. He only sent
Page 25

two depositions, that he served 8 months in York in addition to his service at the Gurnet.
Resply your ob svt
Zacheus Bartlett
Page 26

I William Burgess of Plymouth in the County of Plymouth of lawful age to give evidence do testify & say that William Burgess late of said Plymouth, deceased who was a Revolutionary Pensioner of the United States died at Plymouth in the twenty fifth day of January in the year eighteen hundred and thirty six leaving a widow whose name is Lucy Burgess who is now living & has never been married since his decease
William Burgess

Plymouth SS Aug 13, 1838 
Subscribed & sworn to before the Court of Probate on the day & year aforesaid by the above named William Burgess who is a credible person. In testimony whereof I have hereunto set my hand & the seal of the Court of Probate for said County this thirteenth day of August 1838.
Jacob H. Loud
Register
Page 27

State of Massachusetts County of Plymouth SS
On this seventh day of April in the year one thousand eight hundred & forty three personally appeared before the subscriber a justice of th Peace in & for said County Lucy Burgess a resident of Plymouth in the County aforesaid aged eighty years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress  passed on the 3rd March 1843 granting pensions to widows of persons who served during the Revolutionary War.
That she is the widow of William Burgess who was a private in the War of the Revolution & served as set forth in his application for a pension under the Act of June 7 1832 for which services she also received a pension at the rate of fifty five dollars and thirty three cents per annum under the Act of July 7 1838 for the period of five years. She further declares that she is still a widow.
Lucy Burgess X her mark

Witness William Burgess

Sworn to & subscribed on the day & year first above written by the above named Lucy Burgess who is well known to me to be the same person who obtained a pension under the Act of July 7, 1838
Page 28

and she is also well known to me to be the widow of William Burgess deceased who was also a Pensioner under the Act of June 7, 1832 Before me
Jacob H. Loud Jus. Peace

Commonwealth of Massachusetts Plymouth County SS
I John B. Thomas Clerk of the Judicial Courts for the said County of Plymouth do hereby certify that Jacob H. Loud Esquire before whom the foregoing declaration was sworn was on the day of the jurat of the same a Justice of the Peace for the sd County of Plymouth duly commissioned  and qualified under the authority of said Commonwealth to administer oaths & take depositions. And that his signature subscribed to the Jurat of the same declaration is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of the Superior Judicial Court this twelfth day of April in the year one thousand eight hundred and forty three
Jno B Thomas Clerk
Page 29

Wm Burgis
Page 30

Plymouth, Mass May 6 1835

John L Edwards Es
Sir, I have the pleasure to accompany this note with E D Burgess certificate of Wm Burgess, eight months, & 8 days service and the deposition of Capt Andrew Sampson for Burgess's eight months service under his command, which Burgess in his old age seemed to have forgotten, till he & Sampson had an interview.
To my mind so indisputable appear these documents, that I hope you will easily pardon my freedom for taking occasion provisionally, to transmit you Burgess's pension certificate, to serve you further labor in the premises
From a hope that he could yet prove more service than that certificate covered, he has never taken it from my hands, nor drawn anything under it. A fraud on this point would be so easily detected, that he sends us proof to the contrary; but will, if described & required
Respectfully your obt svt
Zacheus Bartlett
Page 31

Plymouth 24th Aug 1836 Mass.

Sir,
I herewith transmit the evidence to meet the objection in the case of Bethiah Bagnoll suggested in your favor of the 18th.
There was no law in Massachusetts requiring the recording of marriages until the statute of 1786.
In the 9th vol. Mass. Reports p. 493 in the case of Vermont v Joseph Norcross, the Court say,
"The recording of marriages was intended to perpetuate the evidence of the fact, after the witnesses present shall have died. But a copy of such records is not so satisfactory evidence, as the testimony of witnesses. These last indeed are necessary to prove the identity of the parties."
William Burgess of the Town lately deceased was a Pensioner under the Act of 1832 for certain service on the Guonet. He was married 10th March 1783, and contin-
Page 32

ued in that service after his marriage. I should like
to ascertain by reference to his papers whether any time
was allowed him in his pension subsequent to the
above date. Zacheus Barlett Esq who prepared
his papers is since dead, and there is no way
of ascertaining the fact, but this your favor.
Yr. Obt. Sert.
Wm. Thomas

J.L. Edwards Esqr
Comm. of Pensions
Page 33

Affidavit of
James Walton for
Wm. Burgis
Page 34

I James Weston of Duxbury, in the
state of Massachusetts, a pensioner, testify
that I enlisted, a private into a company
commanded by Capt Andrew Sampson
at in the early part of August 1777, and
served therein for two months at the 
Quarter in Plymouth harbour, and I 
well remember that I found William
Burgis, now of Plymouth, a private in
that garrison, & that I left him there 
when I was discharged
James Weston
Plymouth Ss June 9th 1835. Then
said James Weston subscribed & made
case to the truth of this deposition
before me, & I believe him a credible
witness Zacheus Bartlett
Justice of Peace
Page 35

I Uriah Sprague of Duxbury, Massachusetts
a pensioner, Testify, that I was a private
in Cpt Andrew Sampson's Company on the Quanset 
in Plymouth harbour in the year
1777 & distinctly remembers that William
Burgis, was applying for a pension was
a private in the same company; but
I cannot declare how long.

Uriah Sprague

Plymouth SS June 9th 1835
This said Uriah Sprague subscribed
and made oath to the truth of this deposition
before me & I believe him to be a credible
witness
Zacheus Bartlett, Justice of the 
Peace
Page 36

Affidavit of Andrew Sampson for Wm Burgis
Page 37

I Andrew Sampson of Duxbury in the
State of Massachusetts, captain of a company
in the war of the Revolution on the
Gravnet[?] in Plymouth harbor through 
the year 1777 with a full sense of the
solemnity of the oath I am about to
take conscientiously reaffirms the affixed on it, that I hertofore have given
in favor of Wm Burgis for his
services in said company as a private
and that he served as substitute into
the place of Nathaniel Burgis early
in the spring of said year & was discharged
in the next December.
I have no record to reuse[?] to but
my recollection. That there were
other substitutes in the company,
who always answered to the name of
their principal, whose names were continued
on the roll. I am unable to
declare the day, or the exact month
that he served the company
Andrew Sampson

Plymouth Ss June 9 1835
Then
Page 38

Then Andrew Sampson subscribed, & made oath to the truth of this his deposition, before me, and I believe him a credible witness
Zacheus Bartlett
Justice of peace
Page 39

I John Burgis of Plymouth, Massachusetts, a pensioner testify, that I have a clear recollection , that William Burgis now applying for a pension, was a private in Captain Andrew Sampson's company on the Gurnet in Plymouth harbour a substitute for my father Nathaniel Burgis: but in what year, and how long I am unable to declare.
John Burgess

Plymouth June 10 1835
Then John Burgis aforsaid. subscribed and made oath to the truth of this deposition before me
Zachary Bartlett Justice of the Peace
Page 40

I Ebenezer Wright of Plympton, Massachusetts a soldier in Capt James Harlow's Company Wood's Regt. in continental service for eight months in the war of the Revolution testify, that William Burgis, now of Plymouth, Massachusetts now claiming a pension, was a soldier for the same term in the same company & I believe was duly discharged in February next after Monmouth battle. 
Ebenezer Wright

Plymouth SS Massachusetts Jany. 7, 1839 Then said Ebenezer Wright subscribed & made oath to the truth of this deposition, & I declare him a credible witness.
Isaac Wright Justice of Peace
Page 41

Deposn.
Ebenr. Wright for
Wm. Burgess

Commonwealth of Massachusetts
Plymouth SS
I Jno B Thomas Clerk of the Judicial Court for the County of Plymouth - hereby certify that Zacheus Bartlett and Isaac Wright esquires before whom the foregoing depositions were sworn are Justices of the Peace for the County of Plymouth and that their names thereto subscribed are their true and proper signatures.
In testimony whereof I have hereunto set my hand and affixed the seal of the Supreme Judicial Court on this first day of January AD 1833.
John B Thomas
Page 42

I John Burgess of Plymouth in Massachusetts a soldier in the War of the Revolution testify that William Burgess of that same Plymouth was [illegible] I believe for about two years in a company commanded by John Washburn  Lieutenant [illegible]. I believe this was in 1779 and 1780 in the garrison and fort at the Gurnet in Plymouth at the entrance of said Plymouth Harbour. I was a private in the same company the same years and have no doubt he was duly discharged.
John Burgess

Massachusetts-Plymouth Ss-July 17, 1832

Then John Burgess subscribed and made oath to the truth 
Of this deposition, and I certify him a credible witness.

Zachariah Bartlett Justice of Peace
Page 43

I Seth Cushing of Kingston in Massachusetts was in the service in the war of the revolution for the space of eight months at the White Plains in New York in 1778 in a company commanded by Captain James Harlow. Ezra Wood Colonel. 
I testify that I well remember William Burgess of Plymouth, a soldier for the [illegible] [illegible]  in the same company. I have no doubt but he was regularly discharged.

Seth Cushing
Massachusetts Plymouth Ss. June 19, 1832
Then Seth Cushing of Kingston, subscribed to and made oath to the truth of his deposition. I declare him to be a credible witness before me.

Zacheus Barlett
Justice of Peace
Page 44

Commonwealth of Massachusetts.
Secretary's Office January 22 1834
I hereby Certify, That, from an examination of the Books
and Documents, relating to Military Services in the War of
the Revolution, which remain in this Department, it appears
that the name of William Burgis is borne
On a Warrant Number 106 in Book L. to pay Sargeant [sic] 
Soloman Bartlett and Men, on the roll annexed
as a Guard at the Gurnet, dated June 10th 1783
where he is allowed to have received £17=12=0
No other document subsequent to September 30th 1777
for enlistment. Service, or discharge, is found in
his office.
Edward D Bangs Secretary
Page 45

I Andrew Sampson of Duxborough  
State of Massachusetts a pensioner and Captain
of a company at the Garrison on the Gurnet 
in Plymouth, through the year 1777
testify, That William Burgis of Plymouth,
now applying for a pension, was
a private in Said company, as a substitute
for his father Nathaniel Burgis
at different parts of said year. The 
full [illegible] use of eight months

Andrew Sampson

Plymouth Ss May 5th 1835
Then said Andrew Sampson
subscribed, and made oath to the truth
of this deposition before me; and I
declare him to be a very respectable
citizen, and a credible witness.
Zachery Bartlett Justice
of peace
Page 46

Commonwealth of Massachusetts
Plymouth Ss.
I, John Thomas clerk of the judicial court within and for the county of Plymouth hereby certify that Zacheus Bartlett Esquire before whom the foregoing deposition was sworn is a justice of the peace for said county by same duly sworn and appointed and that his name hereto subscribed is his true and genuine signature
In testimony whereof I have hereunto set my
hand and affixed the seal of the Supreme Judicial Court
on this seventh day of May 1835
John Thomas
Page 47

I John Burgess of Plymouth in the County
of Plymouth & Commonwealth of Massachusetts
aged Seventy two years on oath do testify
& say that William Burgess late of said
Plymouth deceased who was a Reovlutionary
Pensioner of the United States died at said
Plymouth as near as I can recollect in the
month of January in the Year Eighteen
hundred & thirty six. He left a widow
whose name is Lucy Burgess who is now
living & has not been married since the
decease of her said husband William Burgess.
I have known her from my youth.
Her maiden name was Lucy Sampson
& She is the same person who was married
to my said brother at Duxbury in the Year
Seventeen hundred & eighty three.
John Burgess

Plymouth Ss. Aug 13, 1838 Subscribed & sworn to in
Probate Court the day & year aforesaid. In testimony
Whereof I have hereunto set my hand & the
seal of the Court of Probate for said County
this thirteenth day of August 1838.
Jacob H. Loud Register
Page 48

Payments to be made
at Boston
by Presd of Commonwealth Bank
Agent for paying Pensioners,
in the Agency of
Massachusetts

Recorded in the Pension Office,
in Book E Vol. 2
Page 43 by Danl Boyd
Clerk.
Page 49

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United
States of the 7th June, 1832, William Burges
of the State of Massachusetts
who was a private in the Army
of the Revolution
is entitled to receive Twenty-eight dollars and
Sixty-six cents per annum, during his natural life, commencing
on the 4th of March, 1831 and payable semi-
annually on the 4th of March, and 4th of September in
every year.
Given at the War Office of the United
States, this1st day of 
November on thousand eight
hundred and thirty-four.
Lew Cass
Secretary of War.

Examined and}
Countersigned.}
J.L. Edwards
Page 50

COMMONWEALTH OF MASSACHUSETTS.
_____________
Secretary's Office, April 11th 1835

I hereby Certify, That, from an examination of the Books
and Documents, relating to Military Services in the War of
the Revolution, which remain in this Department, it appears
that the name of William Burgess, as a 
private, is borne on "a pay-roll of Capt.
James Harlow's Company, in Col. Ezra Wood's
Regt. of Militia, raised for the term of eight
months, in order to guard the passage upon
the North River." where he is allowed from
June 5th 1778, eight months & eight days. m. d.
8 = 8
Edward D Bangs Ly
Page 51

Depositions of
Dr James Thurlow
Major Jos. Thomas
Page 52

I James Thacher of Plymouth, Massachusetts,
surgeon in the army of the
Revolution from 1775 to its end, testify, that
I have known William Burgess, & Solon
Churchill & John Burgess of this
town & have been their physician from
the year '84, till within a few years
and have always found them, & 
believed them men of undoubted
veracity. James Thacher

And I Joseph Thomas of the same
Plymouth testify, that I have long
known said William Solomon &
John, & believe them to be men of
truth. Joseph Thomas

Plymouth Ss Masstt. April 23d, 1833 Then this [a]fore
named James Thacher, & Joseph Thomas,
subscribed, & made oath to the truth of this their
deposition & I declare them to be credible witnesses

Zachery Bartlett Justice of peace
Page 53

James L. Edwards Esq.
Washington City D. C.
Aug 10 [illegible]
[illegible stamp]
Page 54

Plymouth Massachusetts, July 38 1835
Sir:  On the 23 ultimo I had the honor to mail to you a note to the following effects to which I have no reply.  That is, requesting you would send to William Burgis such a certificate as you might deem proper and that for the present he would trouble you no further about a pension.  From not hearing from you, the old man argues that his documents are under a more favorable examination and he wishes me to state that he finds that the affidavit of James Weston was intended to say, and so I understood it that William Burgis was a private in that company all the two months that he was himself; and not merely
Page 55

that he found and left him there which might bear a different construction.  If such an amendment will affect your decision, he wishes time to procure it.
With great respect, your obedient servant
Zacheus Bartlett
Page 56

ENVELOPE-

Nap. March 27

James L Edwards Esq
Commissr of pensions
Washington City DC
Page 57

Plymouth June 23,1835
James L. Edwards Esquire
Sir:
I have received your favor of the 17th instant in reply have to state that William Burgis gives over troubling you any longer upon his claim for the present just as he still desires it.  Have the goodness to transmit to me such a certificate for him as you may conclude right; and to accept my acknowledgement for your urbanity so severely tried by his suit and to believe me with great respect.  Your obedient servant
Zacheus Bartlett
Page 58

J L Edwards, Esq.
Washington City
DC
Page 59

Plymouth, Mass, June 20th, 1835
Sir
Herewith you will receive the affidavit of
of Captain Andrew Sampson, James Weston, Uriah Sprague, John Burgis in favor of William Burgis and William Burgis's declaration, about 
whom I have already given you to much
trouble. Your's of the 13th ultimo seems almost
to exact of him the evidence of Records. If so
there is as honest a man as ever bore arms
for his country, or appealed to her justice for
reward "deprived, in the language of Mr. Cass's
generous letter of June 15, '[18]35, of the benefits of the act" for him, there are no records of the
Gurnet service of 1777, but a solitary return
of Captain Sampson's company. This return  bears the name of Nathaniel Burgis
for whom William was a substitute according
to Sampson's deposition, now in your files.
The clerk, who from the war office examined
our records, the last year, tis believed
took [illegible] to this effect. If not I apprehend
the fact can readily be verified in form of
laws if insisted upon, And says Mr Cass's
same letter," when the rolls are known to be 
important considerable resolution should be
allowed
Page 60

And in this equitable principle he stated
that he had your concurrence.
Burgis does not throw himself upon the
ignoble compassion list; nor do I in his behalf,
appeal to the sympathy of an experienced
and upright public officer But, if in this
man's application there was evidence of fraud
then truly we see not but that he has
covered the whole ground of evidence
laid down in Mr Cass's expose' of the principles
of scrutiny adopted by this Government.
Very Respectfully your ob lt
Zacheus Barlett
Page 61

November 24
[illegible] John and William Burgess
Massachusetts Roll-get papers
[stamp] [illegible] November 20

John L Edwards Esquire
Washington City DC
Page 62

Plymouth Mass.  Nov 110, 1834
Sir:
I have received the pension certificate of John and William Burgis allowing them only for the service that was paid by the £17-12- as per  warrant.  Permit me to enquire of the testimony of two witnesses, Ebenezer Wright and Seth Cushing that William Burgis served eight months in New York has not been overlooked?  I  apprehend this must be the case as the evidence seemed to be ample.
I have to acknowledge your favor of the tenth, stating that the documents of these two men and of Solomon Churchhill cannot be recommended.  Will you then send them such a brief showing plainly what they have failed to do?
Very respectfully you obedient servant 
Zacheus Bartlett
Page 63

I William Burgis of Plymouth, Massachusetts an enlargement of my first declaration to obtain a pension now sets forth under oath that the eight months service in 1777 under Captain Andrew Sampson was not stated in my said declaration because I relied on the two years subsequently and continuous service under other officers to effect my purpose but I now testify that I entered Captain Sampson's company as a substitute early in the spring, but I am unable to state the month but have no doubts that it was as early as April and it must have been as late as December when discharged because as is distinctly in my recollection that our harbor was then frozen up which seldom takes place till midwinter.
William Burgis
Plymouth June 10, 1835
Page 64

Plymouth June 10th, 1835 
William Burgis subscribed & made oath to this declaration before me.
Zacheus Bartlett
Page 65

William Burgis
additional Declaration
Page 66

I William Burgis Plymouth Massachusetts
in explanation of my former declaration
of Augt 14, 1832, set forth under oath &
declare, that in said declaratives I did not 
mean to affirm, that I enlisted for two 
years & so service at the Gurnet for that
spaces under one enlistment, as my
declaration has been understood by government,
tho I have not at the distance
of more than half a century, a distinct recollection
of enlisting more than once
for the service. My best recollections
and belief is, that I entered for one
year at first & served the two years under
the succession commanders almost as 
matter of course, the very deficiency of records
being evidence have irregularly done
were all things at that garrison.
William Burgiss

Plymouth, Massachusetts, Jan'y 31 1834
Then William Burgis subscribed & made
oath to the truth of this affidavit
before me Zacheus Bartlett Justice
of the peace
Page 67

Commonwealth of Massachusetts
Plymouth Ss John B Thomas Clerk of the Judicial Court
within and for the County of Plymouth, herby certify
that Zacheus Bartlett have before whom
the foregoing affidavit was from is a person of the
aforesaid County of Plymouth, and that 
his name hereto subscribed to be his true
and proper signature
In testimony whereof I have hereunto
set my hand and affixed the seal of the Supreme Judicial Court on the first day of February
1834
John B Thomas
Page 68

Mrs. W.F Robertson
Gonzales, Texas
Oct 25, 1925
Bureau of Pensions
Washington, D.C. 
Will you please tell me if you have any record of the following: - 
Ephraim Robinson, listed in Penn Archives 51st Service Vol 5, p480 as in First Battalion of Chester Co Militia, commanded by Col John Gardner Ordered on tour of duty Sept 24, 1781. Capt Allen's Company, 8th Class.
William Burges, PVT, of Duxbury Mass was granted pension Nov 1, 1834 aged 72. Pension Rolls Vol 1, p 249. Want his war record.
Yours truly Mrs W.F. Robertson

Pension U.S. Office Oct 30 1925