Revolutionary War Pension and Bounty Land Warrant Application File W 28025, Louis Baury De Bellerive, French
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 (8--1776)

SERVICE                                                    NUMBER

[handwritten:]

French          Baury De Bellerive, Louis  W28025 
                                                  or
                      Baury,

                                                         Mary
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CONTENTS

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To the honorable, the Senate and House of Representatives of the United States, in Congress assembled: --
The memorial of Mary Baury, of Boston, in the Commonwealth of Massachusetts, respectfully sheweth, that your memorialist heretofore tendered a memorial to your honorable body, in the words following, to wit: --
Your memorialist, of American parentage, become the wife of Louis Baury in 1784; and his widow in 1807. Her husband was born on the Island of St. Domingo, in 1754, and received his military education in France. When, in 1779, Count D'Estaing embarked with 6000 troops at Cape Francois, destine for the Southern part of North America, a corps of volunteer chasseurs under the command of Louis Baury, formed a part of that army. The employment of these troops, under the command of Gen. Lincoln, is a matter of historical record. In a letter from Gen. Vincent, it appears, that Louis Baury was employed in the siege of Savannah. From 1779 to the peace of 1783, Louis Baury was with the army of the Revolution. In 1787, he was appointed, by Major-General Lincoln, one of his aids; and, upon the suppression of Shays' rebellion, he received a letter from Gen. Lincoln, acknowledging his "zeal and fortitude, spirit and bravery," which testimonial is in the possession of your memorialist. 
The autograph of Baury De Bellerive will be found, among those original members, who formed the society of
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the Cincinnati, and whose diploma, or certificate of membership, is signed by the first President of the same, George Washington. 
"Your memorialist had two sons, upon whom she fondly counted, for comfort and support in her declining years. Some slight reference to their brief career may not be irrelevant to this memorial. For Francis Baury, the eldest, his father obtained a midshipman's warrant in the Navy of the United States; and in 1799, he was ordered to the ship Trumbull, Capt. Jewett, on board which ship he served. Shortly after, the war commenced, between America and France. His father could not endure the thought, that a son of his should draw his sword, even for the land of his adoption, against the land of his birth; and respectfully withdrew him from the service. 
In 1801, the Government of France, having employed a large army for the subjugation of St. Domingo, the father and the son embarked for that island. Upon their arrival, Gen. Rochambeau, the friend of the father, appointed the son one of his aids. Soon after, he was entrusted with the command of 500 men, and fell, on the field of battle in March, 1802. All of solace, that can be found in the language of sympathy and admiration, was received by his parents, in a letter from Gen. Rochambeau, shortly after that event. 
Your memorialist has no occasion to complain that her country has left the services of her offspring without acknowledgment. She beholds, with mingled pride and sadness, a sword in her keeping, inscribed, by order of Congress, with the name of her second son, Frederick Baury, as a token of national regard, after the capture of the Reindeer, June 28, 1814. It never reached the hand, for which it was designed. Lieut. Baury, with the gallant Blakely and his brave associates, had perished on the ocean, ere their grateful county could prepare these testimonials of regard.
Fredrick Baury obtained his midshipman's warrant in 18909; and first joined the frigate Essex, under Capt. Smith. He was next transferred to the Constitution, under Capt. Hill; and was on board that ship, at the time of her remarkable escape from the British squadron, in
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1812. He served on board that ship, under Capt. Hull, when she captured the Guerriere; and, under Capt. Bainbridge, when she captured the Java. After these actions, Frederick Baury was promoted to a lieutenancy, and joined the Wasp, under Capt. Blakely. He was on board this ship, when she captured the Reindeer. In the letter from Capt. Blakely to the Secretary of the Navy, July 8, 1814, especial notice is taken of the good conduct of Lieut. Baury, during that action.
He was also on board the Wasp, during her memorable action with the Avon ; and, in the letter of Capt. Blakely to the Secretary of the Navy, Sept. 11, 1814, the most honorable notice is taken of the conduct of Lieut. Baury.
At the period, when, with the lamented Blakely and his companions, he perished in the Wasp, the son of your memorialist was entering upon the twenty-third year of his age. He left neither widow nor children.
Should your honorable body, after consideration, decide that your memorialist is not entitled to relief, she will draw all, that can be drawn of compensation for her loss, in the
reflection, that her husband and her sons were honorable men ; and that one of them bore a gallant part, in four of the most remarkable naval battles-all of them victories- during the war of 1812, and finally perished in the service
of his country."
An act was thereupon passed, March 3, 1853, directing the Secretary of the Interior to place on the roll of revolutionary pensioners the name of Mary Baury, widow of Louis Baury, who served three campaigns, as captain of
grenadiers, during the revolutionary war, and to pay her a from the 25th day of March, 1850, and to continue, during pension, at the rate of six hundred dollars, per annum, her natural life.
However brief the continuance of this benefit may be, allowed her. The day of its termination-the " close of your memorialist is duly grateful for the pension, thus her natural life," cannot, probably, be far away. The
period of enjoyment must be short-your memorialist begs leave to suggest that she is now in the eighty-seventh year of her age.
Your memorialist presumes to trespass upon the pa-
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tience of this honorable body, so far as to ask their renewed consideration of that part of her former memorial, in which she expresses a hope, " that her reluctance hitherto
to appear, as a petitioner, may not prejudice her right, if any she have, to retrospection, in the date of her claim."
She is emboldened to make this request, by the deliberate opinion, in writing, of counsel, learned in the law, and of the highest professional eminence, by whom she is
assured, that the principles, upon which the grant of her present pension necessarily rests, furnish the most ample ground for something more :- in other words, that "Captain Baury was a citizen of the United States at the
close of the war of the revolution, and remained so, until the day of his death ; and that his widow is entitled to the benefit of the pension law of July 7, 1838, and of the
several acts in addition and supplemental thereto."
Your memorialist is very sure, that no member of your honorable body would fail to regret the circumstance, should it hereafter appear, that the widow of a soldier of the revolution, in her extreme old age, had received one
farthing less than the full amount of her claim, under the laws of her country :- she asks no more.
And as in duty bound, your memorialist will, &c. &c.
MARY BAURY.
Boston, Massachusetts, February 2, 1854.
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A.
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Translation
Memorial. 
Louis Baury de Bellerive, was born in St. Domingo 16th of September 1754.
Commenced his military service as a volunteer in the regiment of Saintouge, the 14th of August 1768.
He was made sub Lieutenant of the Legion of Corse, company of Hardwin, in 1769
Having passed with leave to St. Domingo, in 1771, he was made Lieutenant in the battalion of malitia [sic] of [for?]  Dauphin in 1773 
He was appointed Aid de Camp, to the Count D'Argout, with the rank of Capt of Infantry in 1776
He was made Capt Commandant in the corps of Chasseurs of St. Domingo in 1779
In this rank he served during the campaign of Savannah. He commanded five hundred men of his corps at Marinico, under the command of Marquis de Bouilli from the month of November 1779 to some time in the year 1780
He was present in the ship Hannibal commanded by the Count de La Motte Piquet, in the engagement which took place in the bay of Port Royal, with the fleet of Admiral Parker in 1779
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While returning to St. Domingo on board the squadron of the Count de la Motte Piquet, he was present again at the second engagement with Admiral Parker in 1780.
He was put on half pay the same year.
He then served the Campaigns in America, and the windward Islands, in the rank of Captain of the train of genadiers, and troops of disembarcation, from the year 1781
up to the year, 1783
Dated at the Cape (Francois)
18th of April 1788
(signed) Baury de Bellerive
Certified to be true by me the General Commandant, 
(signed) Vincent
The chief of the bureau of the archives and libraries of the Minister of Marine, and of the colonies; certified, that the signature affixed here above, of M. Vicent, Commandant-General of St. Domingo, seems like it those of the same functionary affixed below different documents
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preserved in the said archives
L.S. Paris 7 November 1850
(signed) Girelte
The Minister of Marine and of the colonies, certifies that the signature affixed above is that of M. Girelt, chief of the bureau of the archives and Libraries, and that faith ought to be given to it as well in court, as out of it. 
Paris 7 November 1850

For the minister and by his order; the Director of the General Secretaryship, and of accounts
L.S. (signed) Blanchard.
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Letter to 
[Revd?] A.L. Baury
Feby. 24, 1854
 
6075
Massachusetts
Mary Baury
widow of Louis 28.025
who served in the Revolutionary war, as a Captain
Inscribed on the Roll at the rate of 600 Dollars -- Cents per annum, to commence on the 25the June 1850

Certificate of Pension issued the 20th day of April 1853
and sent to 
A.L. Baury
No 2 Waverly Place
Boston  Mass
Allowed by Special Act Feb 53
Recorded on Roll of Pensioners under act February 2, 1848, Page 8 Vol. 2
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Commonwealth of Massachusetts
Suffolk Co. City of Boston 21 Jan 1851
On this twenty first day of January in the year of our Lord one thousand eight hundred and fifty one personally affixed (at her own Dwelling House in the City of Boston) before the the subscribed Edward G. Loring, Judge of the Court of Probate withing and for the County of Suffolk --
Madam Mary Baury a resident in said City of Boston again Eighty three years who being first duly sword according to the 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 AD 1838 entitled an Act granting half pay and pensions to certain widows and who of the acts passed 3 March AD 1843 and 17 June AD 1844--. That she is the widow of Louis Baury who was a Captain of the Corps of Chasseurs in the French service during the Revolutionary war. His first actual service in the American [illegible] was performed at the siege of Savannah in 1779; - He also served at other places against England in the following year.
From 1781 to 1783 he served as Captn. of Grenadiers
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and troops of debarcation in the United States and in the Windward Islands; - she has never applied before for a pension because she has only within the last twelve months procured the sworn evidence of his service; she further declares that she was married to the said Louis Baury on the seventh day of June seventeen hundred and eighty four -- that her husband the aforesaid Louis Baury died on the twentieth day of September eighteen hundred and seven; that she was not married to him prior to his leaving the service, but the marriage took place [illegible] to the first of January seventeen hundred and ninety four- to wit at the time above stated -- she further swears that she is still and now the widow of the said Louis Baury having never again married since his decease as aforesaid -- that by reason of bodily infirmity arising from advanced years she is confined to her dwelling house in said Boston where she resides and is unable to attend Court -- that she has never before made an application for a pension until signing a memorial to the last --
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Commonwealth of Massachusetts
Secretary's Office, Boston, January 21, 1851
I hereby Certify, that at the date hereof Edward G. Loring was Judge of the Court of Probate for the County of Suffolk, 
in the said Commonwealth, duly commissioned and qualified; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court. 
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written. 
Amasa Walker
Secretary of the Commonwealth
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Congress can be so considered - 
Mary Baury
Sworn to and subcribed on the day and year above written
Edw G. Loring
Before me Judge of Probate 
Suffolk Mass
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State of Connecticut
County of Middlesex}  ss: Middletown Dec. 11, 1850
I Elihu Spencer Town Clerk + Register of said Town of Middletown, and Keeper of the Records of Births, Deaths + Marriages in said Town do hereby certify that it appears from the Records aforesaid that Mary Clark the daughter of Elisha Clark and Sarah his wife was born on the 19th day of July 1767. The Record is in the words of figures following viz. 
"Mary, daughter to Elisha Clark & Sarah, his wife, Born July 19th 1767"
Elihu Spencer Town Clk
& Register of sc Middletown

State of Connecticut
County of Middlesex} ss: Middletown 
On this twelfth day of December in the year or our Lord One thousand eight hundred and fifty, before me Jonathan Barnes a Justice of the Peace in and for the said County residing in said Middletown, personally appeared Elihu Spencer, Esq., above named, who is known to me to be the Town Clerk and Register of the said Town of Middletown, and made oath in due form of law to the truth of the foregoing certificate by him subscribed as such Town Clerk and Register. 
In testimony whereof I have hereto set my official signature on the day and year first aforesaid. 
Jonathan Barnes
Justice of the Peace
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State of Connecticut
County of Middlesex}  ss: I Elihu Spencer, Clerk of the County Court in and for the said County of Middlesex (the same being a Court of Record) do hereby certify that Jonathan Barnes, Esq. (whose signature known by me to be his genuine handwriting is affixed to the within certificate ) is a Justice of the Peace in and for the said County of Middlesex, duly commissioned and qualified; ( as  by Commission on file in my office) and that he is, as such Justice of the Peace, authorized by Law to administer oaths. 
In testimony whereof I have hereunto set my hand and affixed the seal of said County Court this 12th day of December A.D. 1850

Elihu Spencer
Clk of County Court

Birth
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Commonwealth of Massachusetts
City of Boston, September 23d 1850
I, the subscriber, do hereby certify, that it appears by the Registry of Marriages of said Boston that
Louis Baury de Bellerive of Hispaniola and Mary Clark were married by the Reverend Samuel Stillman on the seventh day of June in the year of our Lord one thousand seven hundred and eighty four
The record is in the words and figures following, viz: 
"Louis Baury de Bellerive of Hispaniola & Marry [sic] Clark married on 7th June 1784 by Revd. Samuel Stillman
Artemas Simondy, 
City Registrar

I, Artemas Simondy above named, deposed and say, that I hold the office of City Registrar, of the City of Boston, in the County of Suffolk, and Commonwealth of Massachusetts; that I am the keeper of the Registry of Births, Marriages, and Deaths, in said City, and that the above is a true extract from the records of Marriages in said City, with the exception above named, as certified by me. 
Artemas Simondy
SUFFOLK, ss. -- Boston Sept 23 1850. The above named Artemas Simondy appeared and made oath to the truth of the above certificates by him subscribed. 
Before me
[Ulm?] Palfrey Justice of the Peace.
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Revd A.L. Baury
(3--232)
File No. 28.025 Certificate No. 6075
Massachusetts wid
Mary Baury widow of 
Louis Baury Captain in 
French army for a time & acted with American army in Revy war
Rank
Company 
Regiment 
(old jacket within)
Rate per annum $600.00
Commencing June 25, 1850
Ending 
Certificate dated April 20th 1853
and sent to Revd A.L. Baury
No. 2 Waverly Place
Boston Ms
Special Act Feby 3 1853

1854 Feby 24
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F 28.025
Mary Baury 
widow
Louis Baury (French) 
The facsimile signature of member of Cincinnati Society for Mass in Rev. War Section June 1915
(Put in frame; [crossed out Chief of Division room NDW June 12, 1911)
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Ex'r INVALID

Mary Baury
P.O. Louis
[following text crossed out:
Papers sent to Hon Wm Appleteon
Service: as per letter within & do not appear to have been returned or pension allowed by Special Act]
Enlisted: Papers returned for the files of Congress Augt 1883
Discharged
Application filed: _____, 18
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Original letter of Major Genl Lincoln to Louis Baury 1787
E
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No 71
Mary Baury
widow of Capt Louis 
Mass
Act 3 March 185
(__roll Act 2 Feb 1848)
$600 per annum
Com'g 25th June 1850
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Jan 24 1851
No 14.266 [or 14.200]
Mary Baury
widow of 
Louis Baury 
Massachusetts
Act of 7th July 1838

Revd A.S. Baury - Boston
Letter to him on 24th Jan 1951
""[Letter to ] [illegible] Wm Appleton 28 [illegible] 1852
630
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TO all whom these presents shall come, GREETING: 
I CERTIFY, that the signature of Samuel Wille's subscribed to the annexed certificate is that of the Secretary of State of Connecticut one of the United States of America, and that the Seal thereto affixed is that of the same State: ____
IN FAITH, whereof, I, John Marshall, Secretary for the Department of State of the United Sates of America, have signed these presents and caused the seal of my office to be affixed hereto, at the City of Washington this 29 Decr. A.D. 1800, and in the twenty fifth year of the Independence of the said United States. J. Marshall
gratis
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Samuel Wyllys Esquire Secretary of the State of Connecticut in America -- 
To all whom it may concern, doth hereby certify and make known- 
That Samuel Huntington Esq who hath given under this hand the certificate hereunto annexed was at the time of giving the same, Governor and Commander in chief of the State of Connecticut aforesaid, And therefore that full faith and credit may, and ought to be rendered, and given to the Certification of the said Samuel Huntington in the premises in all places both in Court and Country.
In Testimony whereof the public Seal of the said State of Connecticut is hereunto affixed --
Dated at the City of Hartford this seventeenth day of December in the year of Our Lond One thousand Eight Hundred, 
Samuel Wyllys --
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By His Excellency Samuel Huntington [illegible[ Governor & Commander in chief of the State of Connecticut

These may certify all whom it doth or may concern that Louis Baury the [illegible] hath resided in the United States for upwards of fifteen years except when he hath been absent in the West Indies and other places to take care of his property
That for a considerable part of the time he hath resided in the State of Connecticut & in the year of Our Lond one thousand seven hundred & Eighty three was married here, that his wife & family of children have allways [sic] resided here where they wer born & have many family connections in this State where he hath been [illegible] as a Citizen and treated as such. 
Given at Middletown in the State of Connecticut the first day of November in the year of our Lord one thousand seven hundred & ninety four and the 19 year of the Independence of the United States of America
Sam. Huntington
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Case
It appears from documents exhibited to me, that Louis Baury de Bellerive was born in the French Island of St. Domingo, Sept 16th 1754; that he entered the military service of France in 1768; that he was made Captain Commandant of the corps of volunteer chasseurs of St. Domingo in 1779; that in this rank he served in 1779 in the campaign of Savannah; that he also served at other places against England during that and the following year; that he served as Captain of grenadiers and troops of debarcation in the campaigns in the United States and the windward Islands from the year 1781 to 1783.
It further appears that in 1780 the corps of volunteer chasseurs was reformed; after which Capt. Baury did not resume his command in the troops of France; but that nevertheless he did in fact serve in the American Army as a Captain, under and by virtue of his French commission from 1780 to the close of the war 1783 and received several wounds in that service. 
It also appears that Capt. Baury was one of the original members of the Society of the Cincinnati that he signed the original articles of
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association as such; and received the usual diploma of membership signed by the commander in chief. 
This society was composed of all the commissioned and brevet officers of the Army and Navy of the United States who had served three years, and who had left the service with reputation; all officers who were in actual service at the conclusion of the war; all the principal staff officers of the continental army and the other officers who had been deranged by the several resolutions of Congress upon the different reforms of the army" This membership at the formation of this society is therefore sufficient prima faice [sic] evidence of his having served as its constitution required. 
It further appears that Capt. Baury at or before the closer of the revolutionary war, adopted this as his own country and continued to reside in it until his death, excepting during an occasional absence to attend to his property in St. Domingo; that in 1784 he married Mary Clark of Middletown in Connecticut who still survives; that he settled in Middletown, was taxed in this country, for his poll and estate, real as well as personal, which taxes he paid; that he was "received and treated" as a citizen of Conn. by the public authorities of that state, as appears by the official certificate of Gov. Huntington dated in 1794, in which it is stated that he had been "received and treated" for the preceding fifteen years viz. since the year 1779.
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It also appears that Capt. Baury served as an aid de camp to Gen. Lincoln, in the service of suppressing Shay's rebellion in 1786-7; and that when his affairs called him abroad, he travelled as an American citizen, claiming and receiving protection as such, and as such was recognized by the official certificate of Tobias Lear Esq. at Cape François Sept. 8th 1801 at which place he arrived as passenger in an American ship from New York. 
He died at Middletown Sept. 20th 1807. His widow still survives and has not been again married.
Opinion
On the foregoing case of Capt. Baury the principle [sic] question is whether he was an American citizen so as to entitle his widow to the benefit of the pension laws?
It is to be observed that this question does not involve the doctrine of natural allegiance as founded on the common law of England -- a doctrine which though in some instances affirmed in this country our courts have foreborne to press to the extent of denying the right of expatriation in any case whatever. The question here is not between an individual and the country of his birth; but between him and the country of his adoption. It is, whether, the country for whose existence as a
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nation he fought and bled, at whose birth as a nation he assisted, with whose fortunes he coupled his own, whose daughter he espoused, and on whose soil he lived and died, can lawfully deny him the character of one of her citizens?
A nation is defined to be "a society of men united together to procure their mutual safety and advantage of means of their union"(see Vattel bk c.l. 1 Kents comm 189 note c.) After a nation is once constituted the method of "uniting" with it and becoming one of its members is regulated by law. But in the original formation of such a society it is manifest that all who take an active part in the common cause, and remain permanently in the country must be regarded as members de facto of the political community; and of course as member de jure, if there be no regulations or compact to the contrary. Hence it is understood to be a general doctrine of national law, that when a new state or nation is brought into existence, it is composed of all those persons who being free to choose are at that time domiciled within its territory with the intention of remaining there. 
Though this rule may not be found in any one work, in these precise terms,
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yet it seems the basis of all public law on this subject and is recognized expressly or by implication in very numerous instances. 
Thus the commonwealth of Massachusetts during the war of the revolution asserted it as a rule of public law that "all persons abiding within the state and deriving protection for the laws of the same, owe allegiance to this state and are members thereof"(see Statute of Treasons A.D. 1777. Dec 1st) The persons alluded to were permanent residents, as appears from a provision immediately following in regard to temporary residents.  The same rule was recognized by Ld. Chief Justice Abbott in the case of Doc v. Ackland 2 Barnwell and Creswell's reports, p. 779 where the claims of the demandant to [illegible] was rejected on the ground of alienage, because "her father by his continued residency in the (United) States (meaning during and after the war) manifestly became a citizen of them." See also the case of Inglis v. The Sailors Smug Harbor 3 Peter's Rep. p. 99.
This rule is also laid down by Chancellor Kent, in these terms, viz. that "all who were resident, citizens at the time of the declaration of Independence, though born elsewhere, and deliberately yielded to it an express or implied
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sanction became parties to it, and are to be considered as natives; their social tie being co-eval [?] with the existence of the nation. (2 Kents Comm. p.38) The rule however is not restricted to the day of the declaration of Independence, but is held to include all who chose the American side in the contest flagrante bello, and actually resided among us till after the treaty of peace, with the intention of remaining. (See the case of Kilham v. Ward 2 Mass Rep. 236 and Gardener & March. Ibid 244 note)
The rule is recognized in its principle in the treaty of peace with Great Britain in 1783; and the various decision of our courts upon questions of alienage, which have come before them; it being held that Great Britain could not claim, nor could the United States deny the citizenship of those persons who chose the American side in the struggle for Independence and were actually domiciled in this country (See Kilham v. Ward, & Gardner v. Ward supra Kelly v. Harrison, 2 Johns. cases 29. Phipps' case 2 Pick. Rep. 394 note. Hebron v. Colchester, 5 Days report 173. See also the observations of Ch. Jus. Spencer in Jackson v. White, 20 Johns Rep. 322, and of Ch. Jus. McKean in Champman's case, 1 Dall Rep. 58.)
If it should be thought that in order
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to enable a person to become a member of a new state, the consent of his own sovereign must be obtained, the present case will be found to contain the element also --
The right of expatriation was universally conceded by the Roman law, which as is well known forms the basis of all the codes of Western Continental Europe, and which has infused its spirit into them all. This right is so stated by Grotins Le Jure Belli &c Book 2 c. 5 324, and is admitted in the places he cites in the Roman Corpus Juris. See Dig. bib. 49. tit. 15 l. 12 s. 9. Jl. lib. 50 tit. 1. l.22 s.2. See also Wood's Civ. Law p. 114.)
The only limit anywhere placed upon this right, is that of the Sovereign's consent, which it is agred may be implied from circumstances and even from silence. Ruffendorf has this general observation upon this point "The usual way by which subjection ceases is when a man by permission of his own commonwealth, voluntarily removes into another and settles himself, and his effect and the hopes of his fortune there." (B. 8 Chap. 11 s2.)
But in the French law no limitation or condition is known to have existed, which affected Capt. Baury's right of expatriation. On the contrary, where no prohibition existed, the right of expatriation is understood to have been universal. It is thus laid down by Pothier. Les François, qui ont
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abandonne leur patrie sans aucun espoir de retour perdent la qualité et les droits de citoyens." Poth. Traite de Personnes. Tit. 2 s. 4. See also 2 Kents Comm p. 50.
That when the character and rights of citizenship are extinct, the obligations are also at an end, is too plain for argument. 
The code of Napoleon is well known to have been only a recension of the existing law of France, without, the addition of any very material changes in principle. Of course we find the same law of expatriation there laid down in these terms: -"La qualité de Françaire se perdre, 1st par la naturalization acquire en pays étranger; 2nd  par l'acceptation, non autorise por le Roy, de functions publiques conferées par un gouvernement étranger; 3rd  enfin, par tout éstablissement fait en pays étranger sans esprit de retour." Code Civil. Art. 17. To which Toullier adds, by way of comment, "parce que alors on a rompee dans les lieus que attachient a la patrie. Toull Droit Civil François. Art 2.6.8. 
It is here to be noted, that the permission of the Sovereign is required only in the case of acceptance of office under a foreign government; there leaving the citizen at liberty in all other cases to
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change his country, and cast off the character of a Frenchman at his pleasure by the mere act of acquiring a permanent domicil [sic] in a foreign country. Should he afterwards desire to recover the character and rights of a French citizen, the same code provides the mode of his restoration (see art. 18.20.21.)
The last of these articles (Art 21) which is also the re-enactment of the law seems to meet, another part of Capt. Baury's case, in these words: - 
Le François, qui, sans autorisation de Roi prendroit du service militaire ches l'etranger ou s'affilierait a une corporation militaire étranger perdra sa qualite de Français." For the society of the Cincinnati was a foreign corporation and military in its character; of which he because a member without the conset of the Sovereign of France. By this act, therefore he lost the character of a French citizen. 
In these provisions of the French law we have the "freedom to choose," that permission of the commonwealth, "that consent of the Sovereign"- which the most stringent rules requires as the condition of expatriation, or as fully enabling a person to acquire at his pleasure, the character of a citizen in a foreign country. The only difference perceived in principle between the case of the French and
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English subjects who took part with us in the revolutionary war, and chose to remain in this country in regard to their becoming American citizens, is this, that the French subject, had his Sovereign's consent, beforehand in the fundamental law of the Kingdom; & the English subject had his Sovereign's consent afterwards in the treaty of 1783.
In such a state of perfect freedom to choose and without any opposing obligations Capt. Baury having assisted in achieving our Independence, made this the country of his choice, residing here constantly afterwards, marrying a native of the country, being one of "the people of the United States" who adopted the national constitution. being officially recognized as one of our citizens, supporting our institutions till the day of his death, which event took place in this country after a residence of more than a quarter of a century. It is difficult to conceive of an intention to become a citizen more strongly evidenced. 
I am therefore clearly of the opinion that Capt. Baury was a citizen of the United States at the close of the war of the revolution, and remained such until the day of his death; and that his widow is entitled to the benefit of the pension law of July 7 1838 and of the several acts passed in addition and supplemental thereto. 
(signed)
Simon Greenleaf.
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Extract from the records of the proceedings of the Massachusetts society of the Cincinnati.
"At a meeting of the society of the Cincinnati of the Commonwealth of Massachusetts, holden at the Bunch of Grapes Tavern in Boston, on Wednesday,, July 4, 1787, being their regular annual meeting, present. 
The Vice President, Secretary, Treasurer, and sixty members."
"The society then proceeded to the choice of Officers for the year ensuring
Capt Freeman, Brigadier General Hull and Capt Mellish, where chosen a committee to collect, sort, and count the votes. 
The committee reported that the following officers were chosen: 
Major Genl Lincoln, President.
William Eustis, Esq., Vice President.
Thomas Edwards, Esq., Secretary. 
Brigadier Genl H. Jackson, Treasurer.
Voted that the Officers of the Society be considered as members of the standing Committee
Page 38

2
Ex-officio, and that thirteen others be chosen
Brigadier Genl Putnam. Capt. Freman
Brigadier Genl Hull, Capt. Crocker
Coln Lee. Capt. Cushing
Maj. Genl Brooks, Lieut Coln Baylies
Maj Larmed, Maj. Haskell, 
Lieut Coln Rice, Capt. Nicholson
and Dr. Townsend were chosen. 
Voted, that five of the said committee make a quorum for the doing business,"

"Extract from the proceedings of the Standing Committee met agreeable the adjournment, 
Vice-President in the Chair. 
Treasurer. Major Haskell, Capt Crocker, Capt [illegible] Nicholson, Capt Freeman, Doct Townsend, & General Hull."
"The Vice President read a report of this Committee to the society on the claims of Colonel Wigglesworth, Colonel Tudor, Major Baury, and Capt. Newman, which was approved
Page 39

3
and ordered to be entered on the minutes a fair copy to be prepared by the Recorded to be laid before the society at its next meeting. 
The Report. 
The Standing Committee to whom all claims for admission into the society are addressed do report, 
First. That Colonel Wigglesworth having applied for admission, your committed find on examining into his claims, that he has served with great reputation in the Continental Army, two years and ten months. 
Second. That Colonel Tudor, who has also requested admission, has served two years, and nine months in the Continental Army, with honor and reputation. And although the Institution by the letter of it requires, [three? illegible] years service to qualify persons to become members, your committee are of the opinion that it will comport with the spirit, and promote the interest of our institution to pass a particular act or vote to admit Colonel Wigglesworth and Coln Tudor as members
Page 40

4
of this society, and to waive the consideration of the few months wanting to the gentlemen severally in consequence of their particular merit.
Third. On application to the President of Ma society in favor of Major Baury, a French Gentleman, for admission as a member. Your committee on examining the claims of M. Baury, find, that he has made three campaigns in the Southern States of America, as an Officer in the french Armies commanded by Count D'Estaign, Count DeGras, and the Marquis De Vaudrevil; and that he has produced ample testimonials of his character as a gentleman, and a soldier. 
That since rendering the said service to this country, M. Baury cheerfully attended Genl Lincoln as an aide de camp during the critical stage of the rebellion in this state last winter. That M. Baury has in every sense become a citizen in this states; and formed connections which probably will continue him for life in this country. Considering these circumstances,
Page 41

5
and that Mons Baury possesses an unspotted reputation as a gentleman and a man of the purest honor; that he is warmly attached to the interests of this country, and desirous of associating with the Cincinnati, to whom he feels himself strongly affected; your committee beg leave to recommend Major Baury to the society as a gentleman who will do honor to the Institution, and request that a particular resolution may be passed to this effect, viz, 
Whereas Major Baury has served three campaigns in defense of our Country and since the said service has married and become a citizen of this state to all intents and purposes; and whereas M. Baury produces unequivocal proof of his military character, and sustains an amiable and reputable fame, 
Resolved
That the three years services of Major Baury (altho they were performed in the french Army, yet, in consideration of his serving in this country, and in concert with the late continental Army)
Page 42

6
shall be considered as if they had been performed by a citizen of America, and that they shall and do entitle him to become a member of the Cincinnati, provided always that nothing in this resolve shall be construed as a precedent in any future proceedings of a society.
Fourth. On the application of Capt Newman, it appears to your committee that Capt Newman has served two years in the Continental Army and Navy, and one year in the state regiment of artillery commanded by Coln Craft; and whereas, Capt Newman prays that the time of a service in the state regiment may be considered and allowed to supply the place of one year in the Continental service, which by the institution is required to qualify and become a member. Your committee do you recommend to the society to pass a resolve that the years [sic] service of Capt Newman, in the state regiment shall be considered sufficient to make up the year wanting in Continental service. And that he be allowed to sign the Institution of the society.
Page 43

Fifth. That the treasurer be directed to furnish the before mentioned Gentlemen, with diplomas on their signing and complying with the terms of the institution.
"Extract from the proceedings of the Society of the Cincinnati of the Commonwealth of Massachusetts, holden at the Bunch of Grapes Tavern, in Boston, Saturday July 4th 1789, being their regular annual meeting.
Present. 
The President, Vice-President, Secretary, Treasurer, and sixty one members."
"The Standing Committee reported that, Major Baury of Bellerive, Capt John Johnson, Doct John Thomas, and Doct Abijah Richardson, had severally applied to the standing committee for recommendation for admission into the society, and laid before them their respective claims, and they now recommend them severally for admission."
" The Society took into consideration the said recommendation and on the claims of each severally considered.
Voted. That Major Baury of Bellerive,
Page 44

Capt John Johnson, Doct John Thomas, and Doct Abijah Richardson, Be admitted by their severely complying with the requisitions of the institution of the society. 
They were accordingly admitted. 
“Major General Cobb, Colonel Tudor and Brigadier General Hull chosen were chosen a committee to collect, sort, and count the votes for officers of the Society for the year ensuing."
The committee reported that the following gentleman were chosen,
Major General Benj. Lincoln,
President, 
Doctor William Eustis,
Vice-President.
Thomas Edwards Esq.
Secretary
Brigadier General Henry Jackson
Treasurer.
Voted, that the officers of the society, be considered as members of the Standing Committee, ex officio, and that 13 other members be chosen.
B. General Hull. Capt Nicholson.
Page 45

Major Genl Brooks Doct Townsend
Lt Coln Perkins Mr. Frye
Lt Coln Rice Capt Fowle
Lt Coln Tudor Major Gibbs
Capt Crocker Coln Winslow
and Capt L. Jackson, 
were accordingly chosen."
Commonwealth of Massachusetts, 
Suffolk Co City of Boston Feby 16 AD 1852

 I Adam Bailey hereby certifiy to whom it may concern that the foregoing contracts copied on pages 1,2,3,4,5,6,7 & 8 are taken & accurately copied from the proceedings of "the Massachusetts Society of Cincinnati" and of the Standing Committee, thereof from the original book of Record now in my custody and possession.

Adam Bailey Secretary }
of the State Society of Cincinnati of Mass."}
Page 46

I Adam Bailey of the City of Boston and the County of Suffolk, and Commonwealth of Massachusetts, Esq, at present [illegible] collector of the Port of Boston, make Affidavit that I am the present secretary of the Massachusetts Society of the Cincinnati and as such have the keeping of the records and documents belonging to said society-- that the within certificate by me made as such secretary is duly signed by my proper hand and writing and the facts there in certified are true.
Adam Bailey
Commonwealth of Massachusetts
Suffolk Co. City of Boston February 16, AD 1852
Then personally appeared before me Adam Bailey Esq. above named and known to me to be the same person who subscribed the foregoing and made solemn oath to the truth of the aforegoing Affidavit by him subscribed. 
In Witness whereof I have hereto affixed my name & seal the day & year above written 
Josiah P. Cooke
Jus Peace
Page 47

I, Robert G Shaw, President of the Massachusetts Society of Cincinnati hereby Certify that Adam Bailey, whose signature is affixed to the within extract from the preceding of said Society and its standing committee is a present Secretary of said Society and full faith and credit should and ought to be given to his acts as such. That I am familiar with the handwriting of said Adam Bailey and that his signature upon the foregoing certificate and affidavit is in his own proper hand writing.
In testimony of which I have this Eighteenth day of February Eighteen hundred fifty two, hereto set my signature and ordered the Corporate seal of said Society to be affixed. 
Rob G Shaw
Page 48

Case
It appears from documents exhibited to me, that Louis Baury de Bellerive was born in the French Island of St. Domingo, Sept 16th 1754; that he entered the military service of France in 1768; that he was made Captain Commandant of the corps of volunteer chasseurs of St. Domingo in 1779; that in this rank he served in 1779 in the campaign of Savannah; that he also served at other places against England during that and the following year; that he served as Captain of grenadiers and troops of debarcation, in the campaigns in the United States and the windward Islands from the year 1781 to 1783.
It further appears that in 1780 the corps of volunteer chasseurs was reformed; after which Capt. Baury did not resume his command in the troops of France; but that nevertheless he did in fact serve in the American Army as a Captain, under and by virtue of his French commission from 1780 to the close of the war 1783 and received several wounds in that service.
It also appears that Capt. Baury was one of the original members of the Society of the Cincinnati that he signed the original articles of association as such; and received the usual diploma of membership signed by the commander in chief/ This society was composed of all the commissioned & brevet officers of the Army & Navy of the United States, who had served three years
Page 49

 and who had left the service with reputation; all officers who were in actual service at the conclusion of the war; all the principle [sic] staff officers of the continental army and the other officers who had been deranged by the several resolutions of Congress upon the different reforms of the Army".  This membership at the formation of this society is therefore sufficient prima faice [sic] evidence of his having served as its constitution required.
It further appears that Capt. Baury at or before the closer of the revolutionary war, adopted this as his own country and continued to reside in it until his death, excepting during an occasional absence to attend to his property in St. Domingo; that in 1784 he married Mary Clark of Middletown in Connecticut who still survives; that he settled in Middletown, was taxed in this country, for his poll and estate, real as well as personal, which taxes he paid; that he was "received & treated" as a citizen of Connecticut, by the public authorities of that state, as appears by the official certificate of Gov. Huntington, dated in 1794, in which it is stated that he had been so "received and treated" for the preceding fifteen years, viz., since the year 1779.
It also appears that Capt. Baury served as an aid-de-camp to Gen. Lincoln, in the service of suppressing Shay's rebellion in 1786-7; and that when his affairs called him abroad, he travelled as an American
Page 50

citizen, claiming and receiving protection as such, and as such was recognized by the official certificate of Tobias Lear Esq. at Cape François Sept. 8th 1801 at which place he arrived as passenger in an American ship from New York.
He died at Middletown Sept. 20th 1807. His widow still survives and has not been again married.

Opinion
On the foregoing case of Capt. Baury the principle [sic] question is whether he was an American citizen so as to entitle his widow to the benefit of the pension laws?
It is to be observed that this question does not involve the doctrine of natural allegiance as founded on the common law of England, -- a doctrine which though in some instances affirmed in this country, our courts have foreborne to press to the extent of denying the right of expatriation in any case whatever. The question here is not between an individual and the country of his birth; but between him and the country of his adoption. It is, whether, the country for whose existence as a nation he assisted, with whose fortunes he coupled his own, whose daughter he espoused, and on whose soil he lived and died, can lawfully deny him the character of one of her citizens?
A nation is
Page 51

defined to be a Society of men united together to procure their mutual safety and advantage of means of their union" (see Vattel b1 c.l. 1 Kents comm 189 note c.) After a nation is once constituted the method of "uniting" with it. and becoming one of its members. is regulated by law. But in the original formation of such a society it is manifest that all who take an active part in the common cause, and remain permanently in the country must be regarded as members de facto of the political community; and of course as member de jure, if there be no regulations or compact to the contrary. Hence it is understood to be a general doctrine of national law, that when a new state or nation is brought into existence, it is composed of all those persons, who being free to choose are at that time domiciled within its territory with the intention of remaining there.
Though this rule may not be found in any one work, in these precise terms, Yet it seems the basis of all public law on the subject, and is recognized expressly or by implication in very numerous instances.
Thus the Commonwealth of Massachusetts during the War of Revolution, asserted it as a rule of public law, that, "all persons abiding within this state and deriving protection from the law of the same allegiance to the state and our members thereof" (see Statutes of Treasons AD 1777 Dec 1st). The persons alluded to were permanent residents, as appears from
Page 52

a provision immediately following in regard to "temporary" residents. 
The same rule was recognized by Ld. Chief Justice Abbott, in the case of Doc v. Ackland, 2 Barnwell and Creswell's reports, p. 779, where the claims of the demandant to land was rejected on the ground of alienage, because "her father by his continued residency in the (United) States (meaning during and after the war) manifestly became a citizen of them." See also the case of Inglis v. The Sailors Smug Harbor 3 Peter's Rep. p. 99.
This rule is also laid down by Chancellor Kent, in these terms, viz. that "all who were resident, citizens at the time of the declaration of Independence, though born elsewhere, and deliberately yielded to it an express or implied sanction became parties to it, and are to be considered as natives; their social tie being co-eval with the existance of the nation. (2 Kents Comm p.38) The rule however is not restricted to the day of the declaration of Independance, but is held to include all who chose the American side in the contest, flagrante bello, and actually resided among us until after the treaty of peace with the intention of remaining. see the case of Kilham v. Ward 2 Mass Rep 236 & Garner v Ward Ibid 244 note) The rule is recognized in its
Page 53

principal [sic] in the treaty of peace with Great Britain in 1783; and the various decision of our courts upon questions of alienage, which have come before them; it being held that Great Britain could not claim, nor could the United States deny the citizenship of those persons who chose the American side in the struggle for Independence & were actually domiciled in this country (See Kilham v. Ward, & Gardner v. Ward supra Kelly v. Harrison, 2 Johns. cases 29. Phipps's case 2 Pick. Rep. 394 note. Hebron v. Colchester, 5 Days report 173. See also the observations of Ch. Jus. Spencer in Jackson v. White, 20 Johns Rep. 322, and of Ch. Jus. McKean in Champman's case, 1 Dall Rep. 58.)
If it should be thought that in order to enable a person to become a member of a new state, the consent of his own sovereign must be obtained, the present case will be found to contain the element also.
The right of expatriation was universally conceded by the Roman law, which as is well known forms the basis of all the codes of Western Continental Europe, and which has infused its spirit into them all. This right is so stated by Grotins Le Jure Belli &c Book 2 c. 5 s.24, and is admitted in the places he cites in the Roman Corpus Juris. See Dig. bib. 49. tit. 15 l. 12 s. 9. Jl. lib. 50 tit. 1. l.22 s.2. See also Wood's Civ. Law p. 114.)
The only limit anywhere placed upon this
Page 54

right, is that of the Sovereign's consent, which it is agred may be implied from circumstances and even from silence. Ruffendorf has this general observation upon this point "The usual way by which subjection ceases is when a man by permission of his own commonwealth, voluntarily removes into another and settles himself, and his effect and the hopes of his fortune there." (B. 8 Chap. 11 s2.)
But in the French law no limitation or condition is known to have existed, which affected Capt. Baury's right of expatriation. On the contrary, where no prohibition existed, the right of expatriation is understood to have been universal. It is thus laid down by Pothier. -"Les François, qui ont abandonne leur patrie sans aucun espoir de retour perdent la qualité et les droits de citoyens." Poth. Traite de Personnes. Tit. 2 s. 4. See also 2 Kents Comm p. 50.

That when the character and rights of citizenship are extinct, the obligations are also at an end, is too plain for argument.

The code of Napoleon is well known to have been only a recension of the existing law of France, without, the addition of any very material changes in principle. Of course we find the same law of expatriation there laid down in these terms: -"La qualité de Françaire se perdre, 1st par la naturalization acquire en pays étranger; 2nd par l'acceptation, non autorise por le Roy, de functions publiques conferées par un
Page 55

gouvernement étranger; 3rd enfin, par tout éstablissement fait en pays étranger sans esprit de retour." 
Code Civil. Art. 17. To which Toullier adds, by way of comment, "parce que alors on a rompee dans les lieus que attachient a la patrie. Toull Droit Civil François. Art 268.

It is here to be noted, that the permission of the Sovereign is required only in the case of acceptance of office under a foreign government; there leaving the citizen at liberty in all other cases to change his country, and cast off the character of a Frenchman at his pleasure by the mere act of acquiring a permanent domicil [sic] in a foreign country. Should he afterwards desire to recover the character and rights of a French citizen, the same code provides the mode of his restoration (see art. 18.20.21.)

The last of these articles (Art 21) which is also the re-enactment of the law seems to meet, another part of Capt. Baury's case, in these words: - 
Le François, qui, sans autorisation de Roi, prendroit du service militaire ches l'etranger ou s'affilierait a une corporation militaire étranger, perdra sa qualite de Français." For the society of the Cincinnati was a foreign corporation and military in its character; of which he because a member without the consent of the Sovereign of France. By this act, therefore he lost the
Page 56

character of a French citizen.
In these provisions of the French law we have the "freedom to choose," that permission of the commonwealth, "that consent of the Sovereign"- which the most stringent rules requires as the condition of expatriation, or as fully enabling a person to acquire at his pleasure, the character of a citizen in a foreign country. The only difference perceived in principal [sic] between the case of the French & English subjects who took part with us in the revolutionary war, and chose to remain in this country in regard to their becoming American citizens, is this, that the French subject, had his Sovereign's consent, beforehand in the fundamental law of the Kingdom; & the English subject had his Sovereign's consent afterwards in the treaty of 1783.

In such a state of perfect freedom to choose and without any opposing obligations,  Captain Baury having assisted in achieving our Independence, made this the country of his choice, residing here constantly afterwards, marrying a native of the country, being one of "the people of the United States" who adopted the national constitution. being officially recognized as one of our citizens, supporting our institutions till the day of his death, which event
Page 57

took place in this country after a residence of more than a quarter of a century. It is difficult to conceive of an intention to become a citizen more strongly evidenced.
I am therefore clearly of the opinion that Capt. Baury was a citizen of the United States at the close of the war of the revolution, and remained such until the day of his death; and that his widow is entitled to the benefit of the pension law of July 7th 1838 and of the several acts passed in addition and supplemental thereto.
(signed)
Simon Greenleaf.
Boston Jan 9th 1851
Page 58

A. 
Cape Francis April 1st 1789
A certificate in favor of the services of Monsr Baury de Bellerive
Laid before the Committee the 3d June 1789


Certificate 1789
Page 59

Hi Thomas Jackson of the city of Boston in the county of Suffolk and Commonwealth of Massachusetts, Esquire of the age of 72 years and upwards make solemn oath and declare; that I now am and for 16 years last past have been the secretary of the Society of Cincinnati in Massachusetts, and that in a [illegible] of original [R___] belonging to said society which came into my hands and possession I found the original [R____] hereto annexed marked A. being the certificate of Alexander de Vincent relative to the Military services of Mons. Baury de Bellrive which paper is an original paper and in the same state as when I found it -- having on its back marked "Certificate 1789" in my own hand writing. - And I do further testify that I am well acquainted with [illegible] Alfred L. Baury of Newton Massachusetts having known him 20 7 years who is [illegible] a member of said Society of Cincinnati and was admitted as the
Page 60

son of Mon. Baury before named Who was an original member of said society and being aware that the Revd Mr. Bowery was interested in the subject matter of said paper writing or certificate hereto annexed and delivered the same to him in the same condition in which I found it and in which it now appears.
Thos. Jackson
Commonwealth of Massachusetts 
Suffolk [illegible] City of Boston 28 Sept. AD 1850
The personally appeared the above-named Thomas Jackson Esquire & made oat to the truth of the aforegoing deposition by him subscribed. 
Before me Josiah P. Cooke
Jus Peace
Suffolk Co.
Page 61

Alexandre de Vincent, Commandant en Second de la partie du Nord de Saint-Domingue.
Certifioner que les [illegible] Baury de
Bellerive, habitant de celles colonies [illegible] repris s'emploi [illegible]
tres chretien depuis l'an 1780 que les 
[illegible], dans le quel il servait
en qualité de Capitaine commandant une [illegible]
a été reformée; Que pendant
tout la [illegible] qu'il [illegible]
Savannah ou ce [illegible] a été employe, il y eut
comporté de maniere à meriter [illegible] et l'amitie
de [illegible] et la confiance de ses chefs
En foi de quoi nous lui  [illegible] presént
certifiat pour Servir a [illegible]
au  [illegible] 1er avril 1789
Vincent
Le Chef du Bureau des Archives et Bibliothèques due Ministère de la Marine et des Colonies;
Certifie que la signature apposée ci a dessus de Mr. Vincent, Maréchal des Camps et Armées du Roi,
Page 62

Commandant en second de la partie du Nord de St Domingue, parait être semblable à celles du même fonctionnaire mises aubas de divers documents conservés aux dites Archives. 
A Paris, le 7 Novembre 1850.
Girette
[Seal: Ministere de la Marine et [illegible] Dêpot des Archives] 
Le Ministre de la Marine et des Colonies certifie que la signature apposée ci est celle de Mr Girette, Chef du bureau des Archives et bibliotèques, et que foi doit y être ajouté tant en jugement que hors.
A Paris, le 7 Novembre 1850.
Pour le Ministre, en person ordre: 
Le Directeur de Secretariat-general de la Comptabilité
Mancharel [?]
[Seal] Ministere de la Marine [illegible]
Page 63

Translation
By Alexander de Vincent, Major General in the Armies of the King & Commandant in Second of the Northern Part of St. Domingo. 
We certify that Monsr Baury de Bellrive, Planter in this Colony has not resumed his command in the Troops of his Most Christian Majesty since the year 1780 when the Corps of Volunteer Chasseurs in which he served as Captain Commandant of a Company was reformed. That, during the whole time he served whether here, or at Savannah, where this Corps was employed, he demeaned himself in such manner as to merit the esteem & friendship of his fellow soldiers, and the confidence of his superior officers. 
In faith of which we have given him this Certificate to be used as occasion may require.--
At the Cape this First day of April 1789.
Vincent
Page 64

The Chief of the bureau of the archives and libraries of the Minister of Marine and of the colonies, certifies, that the signature affixed above of M. Vincent, Major General of the armies of the King, commandant en second of the North part of St. Domingo, seems to be the same as those of the same functionary affixed below different documents preserved in the said archves. 
Paris Nov 7. 1850
L.S. (signed) Girette
The Minister of Marine and of the colonies, certifies that the signature affixed here above is that of M. Girette, Chief of the Bureau of the Archives and libraries, and that faith ought to be given to it as well in court as out of it.
For the minister and by his order: 
The Director of the General Secretaryship and of accounts. 
L.S. (signed) Blanchard.
Page 65

Schedule of papers with their contents, relating to Madam Baury Memorial to Congress. 1850-
Page 66

Schedule of Papers &c
relating to Madame Baury's 
memorial to Congress
A.D. 1850

[Looks like cover note over papers below which read: ]
Louis Baury had not resumed his command
Page 67

Schedule of Papers, with the contents of each, as hereto annexed. ____
A. 
"Memorial" etc -- Contents -----
Birth of Louis Baury at St. Domingo ---- enters the service --------promotion, etc. ---- Made Captain Commandant of the Corps of Chasseurs of St. Domingo in 1779. In this rank he served during the campaign of Savannah, etc., he is also on board the ship Hannibal in an engagement which took place in the bay of Port Royal, with the fleet of Admiral Parker in 1779--- also in a second engagement with Admiral Parker, 1780, ---- He there served the Campaigns in America, and the windward Islands, in the rank of Captain of the train of grenadiers and troops of disembarcation from the year 1781 to the year 1783. --- All which is duly certified by his Commandant Major General Vincent, 1788. His signature is legalized by the Chief of the bureau of Archives, etc. etc., at Paris, Nov. 7, 1850.
B. 
I. Certificate of General Vincent, 1788.---- Contents ---- Louis Baury had not resumed his command
Page 68

in the French troops since, A.D. 1780; --- the whole time he served, at St. Domingo, or at Savannah, where his corps was employed his conduct meritorious, etc., etc. Major Genl Vincents signature, legalized by "the chief of the bureau of the archives, etc etc at Paris, November 7, 1850."
2. Appended document; -- Thomas Jacksons affidavit --- Contents ---- accounts for the foregoing document being in his possession ---- found among the original papers of the society of the Cincinnation [sic], of which society he is the Secretary --- delivered the same in to present state by Alfred L. Baury; ------ Louis Baury was an original member of said society, which was composed of the Officers of the American Revolutionary Army, and organized in A.D. 1783 --- Alfred L. Baury, who is now a member, was admitted in right of his deceased father etc., etc. ---- Affidavit sworn to before Josiah P. Cooke Esq. Justice of the Peace, Boston Sept. 1850.
C. 
Certificate of birth -- marriage --- death, etc., --- Contents ----1. Mary Clark born July 19 A.D. 1767---- 2. Louis Baury married to Mary Clark June 7 A.D. 1783 [circled and 4 written above] ---3. Louis Baury died Spet. A.D. 1807--- 4. Mary, widow of Louis Baury, her identity certified Oct 1850, by Hon. Wm L. Stoors Judge of the Supreme Judicial Court of Connecticut.
Page 69

D. 
Alfred L. Baury's Affidavit -- Contents-- Knowledge of his Fathers [sic] hand writing --original document, letter A, is in his proper hand writing -- conversed with his father respecting his services, etc, during the war of the American Revolution -- wound received in the battle of Yorktown -- the scar seen by him -- caused his Father to walk with a cane -- ball, or shot never extracted -- snuffbox pieced with a ball, means of saving his life -- several revolutionary officers who knew Louis Baury bore testimony to his bravery, etc. --- an inhabitant of America from 1779, to his death in 1807.-- his family always resided in this country where they were born -- his Father payed [sic] poll tax, etc as early as 1784 -- has been with his Father in town meeting -- not certain that he voted at elections. 
E. 
Original letter of Major Genl Lincoln -- Contents -- bears testimony to Louis Baury's zeal and fortitude, spirit and bravery -- acknowledges his services while in his family, as an aid-de camp, in the suppression of Shay's rebellion, A.D. 1787.
Page 70

F. 
Certificate of his Excellency Saml Huntington, one of the signers of the declaration of Independence; and President of Congress, from 1779-1780; --- Contents --- certifies, that Louis Baury, (the bearer), had then resided in America more than fifteen years -- i.e., from 1779 -- instrument dated 1794; -- that Louis Baury had been received as a citizen, and treated as such. 
Saml Wyllys, secretary of the State of Connecticut, certifies to Gov Huntington, signature -- John Marshall, Secretary for the department of the United States, to that of Secretary Wyllys. 
G. 
Certificate of Tobias Lear, General Commercial Agent of the United States, at St. Domingo; -- Contents -- certifies to Louis Baury being a citizen of the U. States Sept 1801.-
H. 
Tax bills -- Contents. 
1. James Thompson, collector, receipt, for Louis Baury's state tax for year 1784; 2. Danl Parkers receipt for [Do ditto?]-- James Thompson, collector receipt of Town tax -- including Louis Baury's Poll Tax -- Real estate -- Personal, etc 1785.
Page 71

I. 
Contents -- case stated, and opinion given by Hon Simon Greenleaf Jany 181.
Memorandum
Siege of Savannah, see Marshalls life of Washington, Vol. IV chap. iii, p.94-104.
Employment of the French troops; --also frequent intercourse that existed during the war of revolution between America and St. Domingo; see Marshalls life of Washington, chap V. Vol IV, p. 250 & onward -- p.257--261--268. Chap. IX. p. 460 -- 485-- 494 --5502.
Viscount De Noaills; see Marshalls life of Washington, Vol. IV, Chap. IX p 492.
Notice of Genl Shepherd, see Marshalls life of Washington, Vol V. chap. ii p.123.
Constitution ratified A.D. 1788.
Meeting of the first Congress under the Constitution A.D. 1789.
Tobias Lear a Gentleman of Washington's family; accompanied on his 1st visit to New England; Marshall Vol V chap. iii p.225.
Washington's Address to the Society of the Cincinnati, at Boston; see Marshall, Vol V, chap. iii p. 227.
Page 72

Case
It appears, from the documents exhibited to me, that Louis Baury de Bellrive was born in the French island of St. Domingo, Sept. 16. 1754; that he entered the military service of France in 1768; that he was made Captain commandant of the corps of volunteer chasseurs of St. Domingo in 1779; that in this work he served in 1779 in the campaign of Savannah; that he also served at other places, against England during that & the following year; that he served as captain of grenadiers & troops of debarcation in the campaigns in the United States & the Windward Islands, from the year 1781 to 1783.
It further appears, that in 1780 the core of volunteer chasseurs was reformed; after which Capt. Baury did not resume his command in the troops of France; but that nevertheless he did in fact serve in the American army as a captain, under and by virtue of his French Commission, from 1780 to the close of the
Page 73

war, in 1783, & received several wounds in that service. 
It also appears, that Capt. Baury was one of the original members of the Society of the Cincinnati; that he signed its original articles of association as such; & receive the usual diploma of membership, signed by the commander in chief. This society was composed of “all the commissioned and brevet officers of the army and Navy of the United States, who have served three years, & who have left the service with reputation; all officers who were in actual service  at the conclusion of the war; all the principal staff officers of the Continental Army; & the officers who have been deranged by the several resolutions of Congress, upon the different reforms of the army." His membership at the formation of the society is therefore sufficient prima facie evidence of his having served as its constitution required.
Page 74

It further appears, that Capt. Baury, at or before the close of the Revolutionary War, adopted this as his own country;  & continued to reside in it until his death, except during an occasional absence to attend his property in St. Domingo; that in 1784 he married Mary Clark of Middletown in Connecticut, who still survives; that he settled in Middletown, was taxed in this country for his poll & estate, real as well as personal, which taxes he paid; that he was “received  & treated” as a citizen of Connecticut, by the public authorities of that state, as it appears by the official certificate of Gov. Huntington, dated 1794, in which it is stated that he had been "received & treated" for the preceding fifteen years, namely, since the year 1779. 
It also appears, that Capt. Baury served as an Aid de Camp to Gen. Lincoln, in the service of suppressing Shay's rebellion in 1786-7; and that when his affairs called him abroad, he traveled as an American citizen, claiming & receiving protection as such, & as such was recognized.
Page 75

by the official certificate of Tobias Lear Esq. at Cape François, Sept. 3.1801, at which place he arrived as passenger in an American ship from New York. 
He died at Middletown, Sept. 20. 1807.
His widow still survives, & has not been again married.
Page 76

Opinion
On the foregoing case of Capt. Baury, the principal question is, whether he was an American citizen, so is to entitle his widow to the benefit of the pension laws.
It is to be observed that this question does not involve the doctrine of natural allegiance, is found in the common law of England, - a doctrine which, go in some instances affirmed in this country, our courts have foreborne to press to the extent of denying the right of expatriation in any case whatever. Question here is not between an individual  & the country of his birth; but between him & the country of his adoption., whether, the country, for whose existence as a nation he fought & bled, and whose birth as a nation he assisted, with whose fortunes he coupled his own, whose daughter he espoused,  & on whose soil he lived & died, can lawfully deny him the character of one of her citizens.
Page 77

A nation is defined to be defined to be a "society of men, united together to procure their mutual safety and advantage of means of their union". (see Vattel b1 c.l. 1 Kents comm 189 note c.) After a nation is once constituted the method of "uniting" with it, or of becoming one of its members is regulated by law. But in the original formation of such a society it is manifest that all who take an active part in the common cause, and remain permanently in the country, must be regarded as members de facto of the political community; and of course as member de jure, if there be no regulations or compact to the contrary. Hence it is understood to be a general doctrine of national law, that when a new state or nation is brought into existence, it is composed of all those persons, who being free to choose, are at that time domiciled within its territory, with the intention of remaining there.
Page 78

Though this rule may not be found in any one work, in these precise terms, yet it seems the basis of all public law on this subject, and is recognized, expressly or by implication, in very numerous instances.
Thus the Commonwealth of Massachusetts during the war of Revolution, asserted it as a rule of public law, that, "all persons abiding within this state & deriving protection from the law of the same allegiance to the state and are members thereof" (see Statutes of Treasons AD 1777 sec. 1). The persons alluded to were permanent residents, as appears from a provision immediately following, in regard to temporary residents. 
The same rule was recognized by Ld. Chief Justice Abbott, in the case of Doc v. Ackland, 2 Barnwell & Creswell's reports, p. 779, where the claim of the demandant to land was rejected on the ground of alienage, because "her father by his continued residency in those (United) States (meaning during & after the war) manifestly became a citizen of them." See also the case of Inglis v. The Sailors Smug Harbor 3 Peter's Rep. p. 99.
Page 79

This rule is also laid down by Chancellor Kent, in these terms, namely, that "all who were resident, citizens at the time of the declaration of independence, though born elsewhere, & deliberately yielded to it an express or implied sanction became parties to it, & are to be considered as natives; their social tie being co-eval with the existence of the nation. (2 Kents Comm p.38) 
The rule, however, is not restricted to the day of the declaration of independance, but is held to include all who chose the American side in the contest, flagrante bello, & actually resided among us until after the treaty of peace with the intention of remaining. (See the case of Kilham v. Ward 2 Mass Rep. 236, & Garner v Ward Ibid. 244, note) 
The rule is recognized, in its principle, by the treaty of peace with Great Britain, in 1788; and the various decisions of our Courts upon questions of alienage which have come before them; it being held that Great Britain could not claim, nor could the United States deny, the
Page 80

citizenship of those persons who chose the American side, in the struggle for independence & were actually domiciled in this country (See Kilham v. Ward, & Gardner v. Ward supra. Kelly v. Harrison, 2 Johns. cases 29. Phipps's case 2 Pick. Rep. 394 note. Hebron v. Colchester, 5 Days report 173. See also the observations of Ch. Jus. Spencer in Jackson v. White, 20 Johns Rep. 322, and of Ch. Jus. McKean in Champman's case, 1 Dall Rep. 58.)
If it should be thought that in order to enable a person to become a member of a new state, the consent of his own sovereign must be obtained, the present case will be found to contain the element also.
The right of expatriation was universally conceded by the Roman law, which as is well known forms the basis of all the codes of Western Continental Europe, and which has infused its spirit into them all. This right is so stated by Grotins, De Jure Belli &c Book 2 c. 5 s.24, & is admitted in the places he cites in the Roman Corpus Juris. See Dig. bib. 49. tit. 15 l. 12 s. 9. Jl. lib. 50 tit. 1. l.22 s.2. See also Wood's Civ. Law p. 114.)
Page 81

The only limit any where placed upon this right, is that of the Sovereign's consent, which it is agreed may be implied from circumstances, & even from silence. Puffendorf has this general observation upon this point "The usual way by which subjection ceases is when a man by permission of his own Commonwealth, voluntarily removes into another & settles himself, & his effects & the hopes of his fortune there." (B. 8 Chap. 11 s2.)

But in the French law no limitation or condition is known to have existed, which affected Capt. Baury's right of expatriation. On the contrary, where no prohibition existed, the right of expatriation is understood to have been universal. It is thus laid down by Pothier. -"Les François, qui ont abandonné leur patrie, sans aucun espoir de retour, perdent la qualité et les droits de citoyens." Poth. Traite de Personnes. Tit. 2 s. 4. See also 2 Kents Comm p. 50.

That when the character & rights of citizenship are extinct, the obligations are also at an end, is too plain for argument.
Page 82

The code of Napoleon is well known to have been only a recension of the existing law of France, without the addition of any very material changes in principle. Of course we find the same law of expatriation there laid down in these terms: -"La qualité de Françaire se perdre, 1 par la naturalization acquire en pays étranger; 2 par l'acceptation, non autorisée por le Roy, de functions publiques conférées par un gouvernement étranger; 3 enfin, par tout éstablissement fait en pays étranger sans esprit de retour."
Code Civil. Art. 17. To which Toullier adds, by way of comment, "parce qu'alors on a rompee dans les lieus que attachient à la patrie." Toull. Droit Civil François. Art 268.

It is here to be noted, that the permission of the Sovereign is required only in the case of acceptance of office under a foreign government; there leaving the citizen at liberty in all other cases to change his country, & cast off the character of a Frenchman at his pleasure by the mere act of acquiring
Page 83

a permanent domicil [sic] in a foreign country. Should he afterwards desire to recover the character & rights of a French citizen, the same code provides the mode of his restoration. See art. 18.20.21.

The last of these articles (Art 21) which is also the re-enactment of the old law seems to meet, another part of Capt. Baury's case, in these words: - "Le François, qui, sans autorisation de Roi, prendroit du service militaire ches l'etranger ou s'affilierait a une corporation militaire étranger, perdra sa qualité de Français." For the society of the Cincinnati was a foreign corporation, & military in its character; of which he because a member, without the consent of the sovereign of France. By this act, therefore he lost the character of a French citizen. 
In these provisions of the French law we have the "freedom to choose," --that "permission of the commonwealth," --that "consent of the Sovereign"- which the most stringent rules requires, as the condition of expatriation,
Page 84

or as fully enabling a person to acquire at his pleasure, the character of a citizen in a foreign country. The only difference perceived in principle, between the case of the French & English subjects who took part with us in the revolutionary war, & chose to remain in this country, in regard to their becoming American citizens, is this: that the French subject, had his Sovereign's consent, beforehand in the fundamental law of the Kingdom; & the English subject had his Sovereign's consent afterwards in the treaty of 1783.

In such a state of perfect freedom to choose & without any opposing obligations, Capt. Baury, having assisted in achieving our independence, made this the country of his choice, residing here constantly afterwards, marrying a native of the country, being one of "the people of the United States" who adopted the national constitution. being officially recognized as one of our citizens, supporting our institutions
Page 85

till the day of his death, which took place in this country after a residence of more than a quarter of a century. It is difficult to conceive of an intention to become a citizen, more strongly evidenced.
I am therefore clearly of the opinion that Capt. Baury was a citizen of the United States at the close of the war of the Revolution, & remained such until the day of his death; And that his widow is entitled to the benefit of the pension law of June 7, 1832 & of the several acts passed in addition & and supplemental thereto.

Simon Greenleaf.
Boston, 9th Jan.1850
Page 86

Marriage Boston
Page 87

I, john Prescott Bigelow, Mayor of the City of Boston, do certify that Artermas Simondy who signed the annexed Certificate, is City Registrar, and is the keeper of the Registry of Births, Marriages, and Deaths, of the City of Boston, and due faith is, and ought to be given to his acts as such. 
In testimony, whereof, I have caused the seal of said City to be hereunto affixed this twenty third day of September A.D., one thousand eight hundred and fifty. 
John P. Bigelow
Mayor
Page 88

Certificate of Mrs Mary Baury's identity-- signed by Hon. Wm L. Stoors of the Supreme judicial Court of Count, 1850
Page 89

I am, & from my youth, have been well acquainted with Mrs. Mary Baury now of Boston, Massachusetts, & formerly of Middletown in this state, who is the widow of Maj. Louis Baury, formerly of said Middletown & who resided there with his family many years & who died there; Mrs. Baury was born in said Middletown and I have no doubt & indeed know as well as I can know any such fact from information & circumstances. Indeed of the fact of her being born in Middletown there is not the least doubt. I have heard it traditionally from my own family & all other Quarters Her father always lived at Middletown. Mrs. Baury is the mother of the Revd Alfred L. Baury of Newton in Massachusetts and of the late Mederick [?] Baury and officer in the U. States Navy.   
Hartford Connecticut
Nov. 20, 1850
Wm L. Storrs
A Judge of the Supreme Court of [illegible] of the 
State of Connecticut
Page 90

I Alfred L Baury, of Newton Lower Falls, in the County of Middlesex, and Commonwealth of Massachusetts, Clerk, at present, and for more than twenty eight years last past, Rector of the Protestant Episcopal Church of Newton aforesaid, being of the age of fifty six years and upwards, do make affidavit, that I am the son of Louis Baury, known during the American revolutionary war, and afterwards as "Major Baury", who died at Middletown in the State of Connecticut Sept. 20th A.D. 1807: that I am familiar with my said Father's hand writing; and that a certain original document, or paper writing (a translated copy of which is hereto annexed) purporting to be "a memorial," bearing date 18 of April A.D. 1788, signed Baury de Bellerive, giving some account of his services in [illegible] of the American revolution and now in my possession, authenticated by the signature of Major General Vincent, is, in the proper hand-writing of my said Father, and signed by him. 
I further testify and declare, that as my said Fathers private concerns have been greatly neglected by him, while engaged in the service of the American revolutionary army
Page 91

he was at Cape Francois in 1792-3, attending to the same, when a general revolt of the black population of the Island took place, which was followed by a conflagration of the city of St. Domingo; that he wonderfully escaped the almost entire massacre of the whites which ensued, and in his flight to the United States sustained the loss of all his effects. The loss of his papers, which he had with him at the time I distinctly remember his referring to, when holding conversation with myself and others touching his military services during the revolutionary war. 
And I further testify and on oath declare, that I have often heard my said Father refer to a wound which he received in the service (the deponent thinks, at the battle of Yorktown) which he remembers was in his left thigh, and so far disabled him, that he ever afterwards obliged to use a cane; - the scar of this wound I have often seen; - the ball or shot was never extracted, and as the deponent understood could not be, for some reason not explained. 
Among other incidents I remember my Father wearing about his person a turtle shell snuff box, with the likeness of General Washington upon it, which box was esteemed
Page 92

as a precious relect [sic] in consequence of its having saved my Fathers [sic] life while in action; a musket ball having stuck it and glanced; the box itself having a contusions or indentation;-- an evidence of, and confirming the fact refered to. 
I the deponent further on oath state, that I have had conversation with various officers of the American revolutionary army (but, who are now deceased; as are also all the original members of the society of the Cincinnati, to which my Father belonged, one alone perhaps excepted) and especially with General Brooks late Governor of Masstts, Conl William Tudor, Major Gibbs, Doct Eustis, late Secretary of War, and Genl La Fayette, all of whom knew my said Father "Major Baury", and spoke of him in unqualified terms, as a brave and meritorious officer and also who had served with them during the war. 
My Father was a native Frenchman, but early and zealously espoused the case of American Independence. He came to this country in 1779, adopting it as his own country; on the 17th of June A.D. 1784 he married in this country Mary Clark, a native born citizen of the United States,
Page 93

who is now living as his widow in Boston, at the advanced age of eighty three years, and upwards. 
I also remember well my Fathers intimacy with the above named officers of the American revolutionary army; as also with Major Rober Warner, and Capt John Pratt of Middletown; and on one occasion I accompanied my Father from Middletown, to Westfield in Masstts, a distance of nearly one hundred miles, merely to visit his former companion in arms, Genl William Shepard who resided in that place. 
I further declare that my mother has hitherto been detered from making application to Government for relief, in consequence of not possessing sufficient documentary evidence to enable her to do so with the prospect of success. 
And that it is only within about a twelve month, that there has unexpectedly been discovered among the original papers of the Society of the Cincinnati evidence of my Fathers services while in the army of the American revolution, and on which she is now encouraged to make application to Government for relief.
Page 94

Translation
Memorial.
Louis Baury de Bellerive, was born in St. Domingo 16th of September 1754.
Commenced his military service as a volunteer in the regiment of Saintouge, the 14th of August 1768.
He was made sub Lieutenant of the Legion of Corse, company of Hardwin, in 1769
Having passed with leave to St. Domingo, in 1771, he was made Lieutenant in the battalion of malitia [sic] of [for?] Dauphin in 1773
He was appointed Aid de Camp, to the Count D'Argout, with the rank of Capt of Infantry in 1776
He was made Capt Commandant in the corps of Chasseurs of St. Domingo in 1779
In this rank he served during the campaign of Savannah. He commanded five hundred men of his corps at Martinico, under the command of Marquis de Bouille from
Page 95

the month of November 1779 to some time in the year 1780
He was present in the ship Hannibal commanded by the Count de La Motte Piquet, in the engagement which took place in the bay of Port Royal, with the fleet of Admiral Parker in 1779.

While returning to St. Domingo on board the squadron of the Count de la Motte Piquet, he was present again at the second engagement with Admiral Parker in 1780.
He was put on half pay the same year.

He then served the Campaigns in America, and the windward Islands, in the rank of Captain of the train of grenadiers, and troops of disembarcation, from the year 1781
up to the year, 1783
Dated at the Cape (Francois)
18th of April 1788
(signed) Baury de Bellerive
Certified to be true by me the General Commandant,
(signed) Vincent.
Page 96

The chief of the bureau of the archives and libraries of the Minister of Marine, and of the Colonies, certifies, that the signature affixed hereabove, of M. Vincent, commandant general of St. Domingo, seems like to those of the same functionary affixed below different documents preserved in the said archives. 
L.S. 
Paris, 7 November. 1850.
(signed) Girette
The Minister of Marine and of the Colonies certifies, that the signature affixed above is that of M. Girette, chief of the bureau of the Archives and Libraries, and that faith ought to be given to it as well in court, as out of it. 
Paris, 7 November 1850..
For the Minister and by his order; the Director of the General Secretaryship, and of accounts. 
(signed)
Blanchard.
Page 97

District of Columbia
City of Washington to wit}
Be it known and it is hereby certified that on the 31 January 1851 before me James H Causten Notary Public, personally appeared Alfred L. Baury, who being sworn according to law did declare and say that all the matters and things set forth in the paper writings hereto annexed are just and true as therein stated to the best of his knowledge and belief. 
In testimony whereof i have hereto subscribed my name and offered my Notaril Seal
James H Causter
Notary Public

[written on right margin: ]
D. 
a/c of her [illegible]
Page 98

Mémoire
Louis Baury de Bellerive
Né a St. Domingue le 16 7bre [short for Septembre] ....1754
a Commancé a Servir en qualité
de volontaire au régiment de Saintonge
Le [illegible] aost .....1768
a été fait Sous-Lieutenant de la 
Légion de Corse, Comp.er D'hardouin, en ...1769
passé avec congé à St. Domingue
en 1771, il fut fait Lieutenant au
bataillon des milices du fort dauphin, en 1773.
a été nommé aide de Camp de M. 
Le C.te Dargout avec rang de 
Captaine d'infanterie, en .....1776.
a été fait Capitaine Commandant 
au Corps des chasseurs de St. Domingue
en ......1779
a fait, en cette qualité, La Campagne
de Savannah. 
a Commandé cinq cents hommes
de son Corps à la Martinique, sous les
ordres de M. Le M.is De Bouillé depuis
le mois de novembre 1779 jusqu'en ...1780
S'est trouvé sur le vaisseau l'anibal, 
Commandé par M. Le Cte. De La Motte Piquet, au combat qui a eu lieu dans la baie du fort royal
Contra l'amiral parker, en .....1779
Page 99

En revenant à St. Domingue sur léscadre de 
M. le Cte. de la Motte Piquet,
il s'est encore trouvé au Second Combat
Contre L'amiral Parker, en ....1780.
réformé la même année.
Et a fait les Campagnes en amérique 
et aux isles du vent en qualité de
Capitaine à la Suite des grenadiers
et troupes de débarquement depuis
L'année 1781 jusqu'en ....1783
Ou Cap le 18 Avril 1788
Baury De Bellerive
Vérifié par [illegible] Commandant général
Vincent

Le Chef du bureau des Archives et bibliothèques du Ministère de la Marine et des Colonies; 
Certifie que la signature apposée ci-dessus de Mr. Vincent -- Commandant-général à St. Domingue, parait être semblable à celles du même fonctionnaire mises [illegible] de divers documents conservés aux dites Archives. 
A Paris, le 7 Novembre 1850
Girette

[Seal: ]
Ministere de la Marine et Des Colonies
Dépot des Archives

Le Ministre de la Marine et des Colonies certifie que la signature apposée ci-dessus est cell de Mr. Girette, Chef du bureau des Archives et bibliothèques, et quefoit doit y être ajoutée tan en jugement que hors. 
A Paris, le 7 Novembre 1850
Pour le Ministre, et par son ordre:
Le Directeur du Secrétariat-général et de la Comptabilité
Marchand
[Seal: ]
Ministere de la Marine et Des Colonies
[with anchor symbol]
Page 100

Boston April 27, 1854

My dear Sir, 
Since writing you on the subject of certain papers &c &c, I have seen Mr Jones, of Iowa, report to the Senate, from the Committee on Pensions, to whom it appears my venerable parents memorial to Congress for relief was finally referred. 
Had the testimony File that the pension office, been carefully examined, the committee would not, I conceive, have disposed of the subject in so summary and manner, as from their report, they appear to have done.
The late Mr. Greenleaf's argument with respect to Capt. Baury's, citizenship, must be regarded as conclusive. 

Other points, in the case, are met and considered, in the enclosed copy of a communication furnished by my friend Mr Davis, of Maine, to which permit me to [illegible] your attention.

It is with no little surprise, I find it stated in the Hon Mr Jones report to the Senate that "Capt Baury afterwards took service under the French Government and was killed in St. Domingo".! "Therefore (continues the report) "the committee are of the opinion etc etc.
Page 101

Now, this is all together a mistake. Capt. Baury was disabled, from wound received, while in the army of the American revolution; particularly in the battle of Yorktown, from active service. He never served either in this country, or abroad, after discharging the duties of aid-de-camp to Genl Lincoln, during "Shay's rebellion". This is susceptible of the clearest proof.
Neither was he "killed in St. Domingo". He died a natural death, at his then residence in Middletown, Connecticut, as appears from an official certificate of the same, duly filed with the papers before referred to. After members of his family, beside myself, being present, and in his chamber, at the time of his death.

On a representation of these facts to the Hon. Mr. Jones, that gentleman, must, I think see it once the justice and propriety of withdrawing his report; or of securing from the Senate, a recommitment of the memorial itself; with a view of allowing the introduction of testimony, which, through inadvertence, was not furnished, or has been overlooked; and which, as appears from the report itself, influence the committee in forming their opinion of the case, as submitted to their consideration, &c.
If you have not become weary of this whole matter, I shall be further obliged, if advised by you, as to the course now to be pursued, touching the memorial.
Perhaps the Honbl Mr. Everet might be induced to lend his aid in setting this matter right. While my kind friend, Judge Evans [?], of the Senate, to whom I shall
Page 102

address myself on the subject of Mr Jones report will I know cheerfully confer with you, in aid of what certainly is of great importance to the parties immediately concerned. Were I not satisfied, however, that this is a matter of right and justice, never would I have moved in the attempt of bringing the subject before Congress.
Pardon my importunity; and be assured I can never forget your patient attention and kind interest evinced in this behalf. 
I have the honor to subscribe myself your obliged and most respectful friend and servant. 
Alfred L. Baury 

Hon. William Appleton M.C. 
Washington 
D.D.
Page 103

2 Waverly Place, Boston, Mass, May 1854
Dear Sir, 
The enclosed printed copy, of my venerable parents [sic] memorial to Congress for relief, which you did her the favor of presenting to the Senate, in February last past, was, as you know, referred to the standing committee, of the same, on pensions. 
That committee by their chairman, the Honble Mr Jones, of Iowa, I regret to fin, have returned an unfavorable answer to the petition, of the memorialist. 
This, evidently was the result of the committee not being in possession of all the documentary evidence supposed to have been filed, in the pension department, where application was made by the memorialist in the first instence, for the benefit of the pension Act of 1838.
The commissioner of Pensions, pronounced the evidence furnished of Capt Baury's military services during the war of the American revolution, as fully answering the requisitions of the Act of 1838, with the single exception of his having served "in the continental line", or "as a state volunteer." Of this positive proof was deemed necessary to entitle his widow, to the benefit of the pension act, referred to.
Page 104

This deficiency in the evidence adduced is accounted for, from the fact of Capt. Baury's papers having been destroyed when his dwelling house was burnt, some sixty years ago. As was also the war office in 1800-1. Thereby precluding the possibility of obtaining the desired information from either of these sources.
In vain were other avenues of information in their particulars, sought to be explored. Capt. Baury had been in his grave nearly fifty years; and his companions in arms, were all dead. Recourse however was had to the records of the Massachusetts Society of the Cincinnati, from which the indirect testimony of the late Genl Brooks, Genl Hull, Conl Tudor, Dr Eustis and other officers of the "continental line", furnished presumptive evidence of the fact sought to be established.
Here, permit me to add, with the distinguished officers of the revolutionary army, above referred to, & have the honor of a personal acquaintance. These Gentlemen frequently conversed with me, on the subject of Capt. Baury's services, during the revolutionary war. Such particularly was the case, in regard to the late Genl Hull, living as we did, for many years in the same town; and our families being in the habit of frequent intercourse. 
On the unsuccessful application of Capt Baury's widow, (now in the eighty seventh year of her age), to the pension department she turns to the national legislature for relief, afforded other soldiers of the American revolutionary army, widows, by that honorable body.
Page 105

On an examination of the report to the Senate from the committee, having charge of the memorial in question I find it stated, that "Capt Baury took service under the French government, and was killed, in St. Domingo." "Therefore" (concludes the report)  ÿour committee are of opinion", etc etc.
Now this is altogether a mistake. Capt Baury was disabled from wounds received while in the army of the American revolution; particularly at the battle of Yorktown, during which, his left thigh was pierced with a bullet; from some cause it was never extracted, and consequently borne with him to his grave. 
Of this fact, I have distinct recollection of his referring in conversation with me; and showing me the wound, which, though healed, caused him at intervals severe pain. 
Capt Baury never served, either in this country or abroad, after dischargin the duties of aid-de-camp, to his old friend Genl Lincoln, during "Shay's rebellion." Of this the most satisfactory proof can be furnished.
Neither was he "killed at St. Domingo." He died a natural death, at his residence in Middletown, Connecticut. As official certificate of the same, being filed with the papers, deposited in the pension department. Other members of Capt. Baury's family, now living, beside myself, being present, and in his chamber at the time of his death, being the twentieth day of September, 1807.
Page 106

It has occurred to me, Sir, could the foregoing statement of facts and circumstances be brought to the notice of the Honorable Senator, from Iowa, that Gentleman, as chairman of the Committee on Pensions, would readily consent to a reconsideration of the memorialists petition to Congress for relief; that the testimony, in the case, which through inadvertence, was not furnished the committee, or has been overlooked may be supplied. 
 Should you, Sir, find it convenient to favor, your venerable Constituent, with such counsel and advise as the circumstances of the case require a great kindness will be conferred, on the memorialist, whose present successful application to Congress for relief, is indeed one of great importance to her personal comfort and happiness.
I have the honor to subscribe myself dear Sir, with great respect & consideration, your obliged and obt servant, 
Alfred L. Baury  
The Honble Edward Everett
of the U. States Senate
Washington
D.C.
Page 107

2 Waverly Place, Boston July 10, 1854

Dear Sir, 
I take the liberty of against trespassing on your kindness, in requesting that the document enclosed be laid before the committee having charge of my mother's memorial to Congress for relief. 
The object being to fortify the testimony already furnished of my Father having served in the Continental line; and of his drawing pay, form "John Pierce Esq. paymaster of the Army of the United States, 1783."
The Committee it is hoped will not delay their report beyond what may be necessary in a right understanding of the case, which is anomalous, and probably unique. 
If carefully examined, and clearly understood, the committee must, we think, return a favorable answer to the prayer of the petitioner.
With sincere respect, 
I have the honor to be, dear Sir, your most obt servant, 
Alfred L. Baury
Honble William Appleton M.C.
Washington
D.C.
Page 108

Extracts from the "Institution of the society of the Cincinnati, 1784."
Sect, 1 "The persons who constitute this society are all commissioned and brevet officers of the Army and Navy of the United States;  who have served three years, and who left the service with reputation; all officers who were in actual service at the conclusion of the war; all the principal staff officers of the Continental Army; and the officers who have been deranged by the several resolutions of Congress; upon the different reforms of the Army."
Further extract from the same. 
Resolved, "that the members of the society at the time of subscribing their names to the institution, do also sign a draft on the paymaster general, in the following terms"

"To John Pierce Esq., Paymaster General to the Army of the United States.
Sir,
Please pay to ______ Treasurer of the ______state association of the Cincinnati, or his order, one month's pay of our
Page 109

Several grades respectively, and deduct the same from the balance which shall be found due to us on the final liquidation of our accounts; for which this shall be your warrant."
Extract from the "Principle Fund Account Dr Boston Febry 7, 1784.
" To Massachusetts Society of the Cincinnati in principle account. Eleven certificates signed by John Pierce, Esq. Commissioner N. 7553 to 7562 in Janr. Henry Jackson dated December 1, 1783 being amount of the subscriptions of the sundry persons hereafter named recd from them; 10 certificates of 1000 each. 1. Certificate for 816 74/90 Dollars being paid into the hands of said Henry Jackson, Treasurer of the Society." "Names, William Health, M. Genl Benjamin Lincoln, M. Genl Henry Knox, M Genl Rufus Putnam, B. Genl. et. et. et.
Extract from the "Proceedings of the Massachusetts Society of the Cincinnati Holden at the Bunch of Grapes Tavern in Boston Saturday July 4, 1789 being the regular annual meeting."
The standing committee reported that M. Baury de Bellerive, Capt John Johnson, Doct John Homans, and Doct Abijah Richardson
Page 110

had severally applied to the standing committee for recommendation for admission into the society, and laid before them their respective claims; and they now recommend them severally for admission."
"The society took up the consideration serverally, and on the claims of M. Baurt voted, that he be admitted on complying with the requisitions of the society."
Extract from "Principle [sic] Fund acount Dr. Boston July 6, 1789".
"To Massachusetts Society of the Cincinnati in principle [sic] account Vist.
For three certificates signed by John Pierce Esq. No. 6014 deposited by Louis Baury ___16 76/90
"[No.] 43529 Do[ditto?]  _____by Do ____6 18/90
" [No.] 61293 Do[ditto?]  _____by Do ___16 32/90
40.6
________________
"Interest Fund Account Dr
To the Massachusetts Society of Cincinnati in Interest account - vist.
For Interest on 40 6/90 dollars Continental Securities deposited by Major Baury up to 
31 Dec. 1787 ____________________10-
________________________________
Extract from "The records of proceedings of the standing committee of the Society of the Cincinnati, Boston July 4, 1789
Page 111

"Committee met agreeable to adjournment. Present. The Vice President, Genl Brooks, Genl Hull, Major Gibbs, etc etc.
"A letter from Monsieur Louis de Maresquelle, Colonel of Artillery, and Inspector of the Foundries in this Commonwealth was read, submitting his pretentions to the society, and requesting admission."
Voted, that the recorder of this committee inform Mons de Marequelle that as he has not served in the Continental Army he cannot be admitted, agreeably to the Institution. 
(signed)
"Constant Freeman Jr 
Recorder."
Commonwealth of Massachusetts
Suffolk [illegible] July 10 A.D. 1854
I hereby certify that the foregoing are true copies from the original records and papers of the Society of the Cincinnati in said Massachusetts. 
Adams Bailey}
Secretary of said Society of Cincinnati
Page 112

Commonwealth of Massachusetts
Suffolk [illegible] July 10th AD 1854
I, Adams Bailey of Boston, in the said county of Suffolk, Deputy Collector of the United States of America at the Port of Boston, on oath depose and say that I am, and have been for many years, the secretary of the Society for the Cincinnati in the Commonwealth of Massachusetts, and that the original records, books and papers of the society are in the possession and official custody of me as such secretary; and I further say on oath that the foregoing document is a faithful transcript from the said original records and papers from which the same purport to be made, and all of which are so in my official possession and custody, the same having been carefully compared with such originals before this attestation thereof by me. 
Adams Bailey
Commonwealth of Massachusetts
Suffolk p. July 10th A.D. 1854
Then personally appeared Adams
Page 113

Commonwealth of Massachusetts
Secretary's Office, Boston, July 10th,1854
I hereby certify, that at the date hereof Henry
M Parker is a justice of the peace for the County of Suffolk
in the said Commonwealth, duly commissioned and constituted; and that to his accent at the stations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written
[E. or C.] M. Wright
Secretary of the Commonwealth.
[SEAL -- words illegible]
Page 114

Bailey, Deputy Collector, as above named and known to me personally, and subcriber of the foregoing certificates as Secretary of the Society of the Cincinnati and also subscribed the foregoing deposition and made oath to the truth of the same. 
Before me, Witness my hand and seal. 
Henry M. Parker} Justice of the Peace
[Seal - illegible]
Page 115

2 Waverly Place, Boston Jan 8th 1855 [?]
Hon Wm Appleton M.C.
Washington, D.C.
Dear Sir, 
Your continued kindness in the attention given to my venerable parents [sic] memorial to Congress for relief, must constitute my apology for again addressing you on the subject, of that (to us) very important matter. Her advanced age, being now nearly eighty eight years old, and of course increasing infirmities, renders at almost certain, before another session of our national legislature shirt, she will have been removed beyond the reach of that aid, now solicited at their hands.

To the testimony before the committee having charge of her memorial, corroborating evidence could be furnished, if informed of the particular point in the case, requiring the same. 

Did I suppose my personal presence before the committee could be of service in the premises, I would not hesitate to present myself before them. In this, or any other particular bearing on the subject I shall be greatly obliged to you for your information, and advice. 

Please accept for you and yours, the
Page 116

the best wishes of the season. 
Believe me, dear sir, with perfect respect you obliged, and
vey humble
friend and servant
Alfred L. Baury
Page 117

Washington September 12, 1850
Dear Sir,
The honor to acknowledge this subject of your letter of the 10th instant. Petition of Mrs. Mary Baury has been before the committee on Revolutionary Pensions, and that committee have directed me to make an [advise?] report upon her claim. The report is drawn up, but I have not yet presented it to the house. In this report I have attempted to states the claims of the petitioner, and have stated the reasons for our advise report. When the report is printed it can be sent to you, and you will see the difficulties in the case. They consist mainly in the absence of evidence. The following facts should be proved. First, the service of Louis Baury in the army of the Revolution for a period of six months at least, Second, the marriage of Mr. & Mrs. Baury in the year 1784, and third the death of Louis Baury/ These facts being proved, she would be entitled to a pension, but for Mr. Baury's being a foreigner. The Committee have instructed me to report, that this reason they would not withhold a favorable report
Page 118

if the facts aforesaid had been proved. In the absence of said proof we [are ?] compelled to make an [advise? adverse?] report.
Should this evidence be supplied at the next [session?] of Congress, I think the action of the committee would be favorable. I trust, however, you will [receive?] from your immediate representative, or someone else, a copy of my report, when printed, from which you will be enabled to learn what preparation will be necessary to sustain the claim of Mrs. Baury.
If I do not forget it, I will send you a copy myself. 
I remain Sir yours Respectfully, 
Loren P. Waldo
Page 119

Report of the Committee of Congress on Madam Baury's memorial August 1850.
Report not presented &c
[illegible] Jan 1851
Page 120

Thirty First Congress,S 'ent Session S.S.
House of Representatives Aug. 1850

The Committee on Revolutionary Pensions to whom was referred the petition of Mary Baury respectfully reports:
The petitioner represents that she is now a widow of Boston in the Commonwealth of Massachusetts, that she is a widow, in the eighty third year of her age; that she was married to Louis Baury, a native of the Island of St. Domingo in the year 1784, and that she widowed the sedent in the year 1807. She further represents that from the year 1779, to the year in 1783, the said Louis Baury was with the army of the Revolution; that he was appointed one of the aids of Major General Lincoln in the year 1787, and received the approbation of that officer for his "zeal, fortitude, spirit and bravery," in the suppression of Shay's rebellion. She further represents that her two sons, now deceased, both officers in the navy of the United States, and distinguished themselves for their fidelity and gallantry in its [illegible], and she respectfully solicits pecuniary aid. 
The petitioner does not state the grade or rank of her husband in the army of the Revolution; nor indeed does she explicitly say he served in any grade, but simply that, "he was with the army of the revolution." If he was
Page 121

an officer or soldier in that army, and second therein from 1779 to 1783, he would have been outfitted to the benefit of the act of June 7, 1832, had he lived until that act was passed, but for his being a foreigner. If he could have, been entitled to the benefit of that Act, his widow would now be entitled to benefit of the acts of July 7, 18388, March 3d, 1843, June 17, 1844 and February 2d, 1848, under which [illegible] acts she would be entitled to receive the same pension her husband would have been entitled to have received under the Act of June 7, 1832. But the said Louis Baury being a foreigner, would not have been entitled under the act of June 7, 1832, and consequently his widow cannot participated in the acts above mentioned, and is not legally entitled to receive these benefits. But if the petitioner is the widow of Louis Baury, and if he actually served in the army of the revolution from 1779 to 1783, she is, in the opinion of the Committee equitably entitled to receive the benefits of the aforesaid acts; and [once?] these facts proved, the committee could have recommended the passage of a Bill, granting her the [second ?] benefit therein contained. But the petitioner has offered no evidence, either of her marriage, or of the rank, service,  or death of her husband, and in the absence of all evidence on these important points, the committee
Page 122

must recommend that the prayer of the petitioner be denied. - 

Washington, September 21, 1850
Sir, 
In answer to yours of the 18th instant, I have to say that it is not probably the report of our Committee in the case of Mary Baury will be printed during the present session. I have therefore taken the trouble to copy our report very hastily and you have it on this sheet. If however our report is printed I will send a printed copy. 
In [greate?] haste I have the honor to remain
Yours Respectfully
Loren P. Waldo
Page 123

CHAP. CX V I. -- An Act for the Relief of Mary Baury. 
Be it enacted by the Senate and House of Representatives of the United States of America and Congress assembled, That the secretary of the Interior B and is hereby directed to place on the role of revolutionary pensioners the name of Mary Baury, of Boston, Massachusetts, widow Louis Baury, who served three campaigns as captain of grenadiers during the Revolutionary war, and to pay her pension at the rate of $600 per annum from the twnety-fifth day of June, eighteen hundred and fifty, and to continue during her natural life.
APPROVED, March 3, 1853.

I certify the above be a true copy, as compared with the original roll on file in this Department. 
Dept of State
April 19, 1853
W.L. Cemter [?]
Chief Clerk  
For the Commissioner of Pensions
Page 124

Be it enacted by the Senate and House of Representatives of the United States in Congress as some bold, that the secretary of the interior the comma and he is kindly directed to place on the role of Revolutionary Pensions, the name of Mary Baury, Boston, Massachusetts, widow of Lewis Baury, who served three campaigns as Captain of grenadiers during the Revolutionary War, and to pay her a pension at the rate of six hundred dollars per annum, from the 25th day of June eighteen hundred and fifty, and to continue during her natural life. 
Approved, March 3rd 1853

Department of State} 
(Washington April 20, 1853)

A true copy, carefully collated with the original
W.F. Cimter
Chief Clerk
Page 125

Pension office
January 13th 1853

Sir, 
With return the memorial, &c of Mary Baury, widow of Louis, and would respectfully refer you to my letter of the 21st of February 1852, to the Hon. J.S. Millson, Chairman of the Committee on Revolutionary Pensions, House of Representatives, filed with the paper's return, for my opinion of her claim to consideration. Since the date of that letter, nothing has transpired to change the opinion therein expressed.

I have the honor to be, 
Very respectfully,
Your Obt. Servt, 
J.E. Heath, 
Commissioner

Hon, George W. Jones
Chairman Committee on Pensions
W.S. Senate.
Page 126

Proof of the length of service performed by Louis Baury, as a Captain in the Revolutionary War. 

1. From an authenticated report of the Massachusetts Society of the Cincinnati, made September 5th 1787 (Present B. General Putnam, M. General Brooks, M General Lincoln, Doct Eustis &c.)Upon the application of Louis Baury for commission to the same et cetera whereas Major Baury has served three campaigns in the defense of our country, and since the said service has married and become a citizen of the state to all intents and purposes; and whereas M. Baury produces unequivocal proof of his military character, and sustains an amiable and reputable fame;
"Resolved, That the three year service says of Major Baury, though they were performed in the French army, yet, in consideration of his serving in this country, and in concert with the late Continental Army shall be considered as if they had been performed by a citizen of America, and that they shall and do entitle him to become a member of the Cincinnati," &c, &c
Page 127

2. An original certificate of Major General Vincent, dated 1789, found among the papers of the Massachusetts Society of the Cincinnati, and recently authenticated in Paris, sets forth that M Baury "has not resumed his command in the troops of his most Christian Majesty since the year 1780, when the corps of volunteer chasseurs in which served as Capt commandant of a company was reformed"; and testifying that during the whole time he served, whether here or at Savannah, where this corps was employed, he demeaned himself in such a manner as to merit the esteem and friendship of his fellow soldiers, and the confidence of his superior officers."
2. A brief memoir of Louis Baury signed by himself in 1785, and verified by General Vincent, whose signature is authenticated at Paris 7th Sept 1850, by the Minister of Marine and the colonies. This sets forth the various military services of Major Baury from the year 1768 to 1783. The two last years having been spent by him in the service of the United States, in the rank of "Captain of the train of grenadiers."
4. Proof of Major Baury having served in the continental life [line?].
From authenticated extract of the records
Page 128

of the Massachusetts society of the Cincinnati in 1789 it appears while Major Baury was admitted a member of the same, other applicants were to be notified that they could not be received, because they had not served in the Continental army, agreeably to the institution.
5. The Constitution of the society prescribes "that the members at the time of subscribing their names to the institution, to also sign a draft on the paymaster General in the following terms"

"To John Pierce Esq Paymaster General to the army of the United States, Sir, please pay to _____________ Treasurer of the _______ state association of the Cincinnati, or his order, one months [sic] pay of our several grades respectively, and deduct the same from the balance which shall be found due to us on the final liquidation of our accounts; for which this shall be your warrant."
Major Baury being in the service of the United States drew upon the paymasters general of the army, with other officers of the Continental line; and that his draft was duly honored appears from the following extract from "Principal fund account
"To Massachusetts Society of the Cincinnati
Page 129

in principal, vist, For three certificates signed by John Pierce, Esq. 
No. 6014 Deposited by Louis Baury_____16 76/90
"40529 ___ Do [ditto?] ____"_____Do ______6 78/90
"61293 ___Do_____"______Do _____ 16 57/90
___40..6
Extract from "Interest fund account Dr
To the Massachusetts society of the Cincinnati in interest account viz
For interest on 40 60/90 dollars Continental securities deposited by Major Baury up to
31 of December 1787_______________10..

The foregoing proof establishes the fact, as the undersigned conceives, that, Capt. or Major Baury (as he was usually addressed) served in the Army of the Revolution from the year 1779, when he was at the siege of Savannah to the peace of 1783; and that during the last two years he served in the Continetal line. 
Alfred L. Baury

Hon Charles Sumner
of the United States Senate
Washington
D.C.
Page 130

2 Waverly Place, Boston Mass April 16, 1852.

Sir,
The courtesy received from the Gentleman, who acted as chairman of the committee of Congress, on Revolutionary Pensions, in 1850-14; with the patient attention given to a matter of business, then submitted; no less than his universally acknowledge [sic] probity, and ability, causes me to view the recent appointment of Commissioner of Pensions, as creditable to the government; but especially auspicious with respect to that interesting class of citizens, whose claims when presented will be sure to receive due and careful consideration under the present organization of the pension department. 
The object of addressing the new incumbent, is not however, to reiterate public sentiment, as to his peculiar adeptness to the important office he has been selected among numerous applicants to fill; but to invite the Commissioners [sic] attention to the act of the late Congress, instructing
Page 131

the Secretary of the Interior to place on the pension roll the name of Mary Baury of Boston, Mass, widow of the late Capt. Louis Baury of the revolutionary army; and to request of him the favor to forward a certificate or order of payment of the same, at his earliest convenience. 
I have the honor to be, Sir, your obliged and very obt servant.
Alfred L. Baury


Honble Lorenzo [sic] P. Waldo
Commissioner of Pensions
Washington
D.C.
Page 132

Washington D.C. March 19, 1852
Dear Sir, 
I have the honor herewith of transmitting to your address, a printed copy of the Institution and proceedings of the Society of Cincinnati; formed by the officers of the late American revolutionary army, May 1783.
A fac-sim-ile of autographs of the original members of the Massachusetts society, has already been filed with the papers, relating to Mrs Baury of Boston memorial for relief referred by the House of representatives to their committee on revolutionary pensions. (This paper is in frame in Rev. War Section)
Upon the same file, will also be found two ancient French documents, signed by Major General "Vincent", with the translations annexed. These instruments, through the kind offices of a friend, were forwarded to Paris, and returned to me with General Vincent's signature legalized by the proper functionaries of the French government Nov. 1850.
The case to which your attention is now respectfully directed, with be found on an examination
Page 133

entirely anomalous, and probably is unique. Yet coming as it evidently does within the spirit, though not within the letter, of the law, it is confidently believed the committee will not hesitate to recommend, in their report to Congress, to extend to the memorialist Mrs. Baury, the benefit of the pension law of July 4, 1832, and of the several acts passed in addition and supplemental thereto, she having been married prior to Jan 1794.
With great respect, dear sir, I have the honor to be, your obliged and very humble servant
Alfred L. Baury.
 
The Hon. John  S. Millson, M.C.
Chairman of the Committee
on revolutionary pensions
Washington
D.C.
Page 134

Pension Office
February 21st 1852
Sir: 
In compliance with the request of Mr. Baury I have the honor to inform you that I have examined the papers presented by him in behalf of Mary Baury asking a pension for the Revolutionary services of her deceased husband. It appears that he performed a long and meritorious service in the French army in connexion with the American forces during that war; that after its close he became a citizen of this Country in which he remained to his death and married a lady who was a native citizen. The pension acts only provide for such officers and soldiers as belonged to the American troops, but in view of all the circumstances of this case, it strikes me as one that must commend itself to the favorable consideration of Congress, which alone
Page 135

can afford the relief sought for.
Very Respectfully
Your Obn Servt
JE Heath
Comm of Pensions


Hon. L.S. Millson
Chairman Comm. Rev. Pensions
House of Reps
Page 136

House of Representatives, Feby 24th 1852

To the Commission of Pensions
Sir, 
I respectfully request that you will cause to be delivered to me the papers in your office on file relating to the case of Mrs. Mary Baury of Boston, Massachusetts, with view of sending them to the committee on revolutionary pensions, who have the case under consideration.
I have the honor to be 
Sir respectfully
Your etc etc
Wm Appleton
Hon J. E. Heath
Washington
Page 137

H. 10
Taxes paid
Page 138

Boston Apri 7th 1790 Recd of Mr Lewis [sic] Baury de Bellerive four pounds four shillings & 6 in full for tax 1789 Committed me to Collect
L 4.4.6 B Henderson Collector
Page 139

Boston, April 22, 1785
Mr Lewis Baury tow pound Twelve Shillings in full for his Commonwealth Tax for year 1784
L 2m/2n Jas. Thompson Collector


Monsr. Bellerie [Bore ?] to Dan Parker Dr.
1785 To Tax Full No 16 dated 31 Aug }
1784 ......} L [pound symbol] 3.13.6
Receivd payment Daniel Parker


[Ward No. 9]
To Monsr. Lewis Beaury
Your Town Tax
L. s. d. 
Poll Tax  ..14..4.
Real Estate2..4..
Personal ..11..
Estate and
Faculty
The Assessors sit at the Office at the East End of Faneil-hall, ten Days from the Delivery of the Tax-Bills, agreeable to a Vote of the Town, to whom any Person aggrieved may apply for Ease as the Law directs. 
Errors excepted, 
Jas. Thompson Collector.
Boston, August 26 1785.
Page 140

E.
Mons Baury de Bellrieve
Captain of Infantry in the 
service of his most Christian 
Majesty
Page 141

Boston June 1 1787
Dear Sir, 
It is with pleasure, I can assure you that the spirit of Rebellion which too much prevails in some parts of this State during the last winter & spring seems pretty fully crushed.  
With pleasure also, I acknowledge your services, while in my family, as an Aid de Camp, the zeal and fortitude, the spirit and bravery, which markd, every part of your conduct merit my esteem, and entitle you to my thanks which please do accept with my best wishes for your future happenings. 
I have the honor to be with great
esteem
Dear Sir, 
your obedient humble servt.
B. Lincoln

Mons. Baury de Bellreive
Capt. of Infantry in the service
of his most Christian Majesty
Page 142

The Petition of 
Mrs. Mary Baury
of Boston
for relief
___________
March 25, 1850 Referred to the
Committee on Revolutionary
Claims.

_____
June 25, 1850
Discharged and referred to
Comttee Rev Pensions
______
March 9th, 1852. Referred
to Com. on Rev. Pensions

Mr. Wm Appleton
Rev Pensions
Page 143

To the Honorable, the Senate and House of Representatives of the United States in Congress assembled, the memorial of Mary Baury, of Boston, in the Commonwealth of Massachusetts, respectfully sheweth: _
Your memorialist, a widow in the eighty third year of her age, solicits pecuniary aid; and that her reluctance hitherto to appear as a petitioner, may not prejudice her right, if any she have, to retrospection in the date of her claim.
Your memorialist, of American parentage, became the wife of Louis Baury, in 1784, and his widow in 1807. Her husband was born in the island of St. Domingo, in 1754, and received his military education in France. When in 1779, Count D'Etaing embarked with six thousand troops, at Cape Francois, destined for the Southern part of North America, a corps of volunteer chasseurs, under the command of Louis Baury formed a part of that army. The employment of these troops, under the command of General Lincoln, is a matter of historical record. In a letter from General
Page 144

Vincent, it appears that Louis Baury was employed, in the siege of Savannah. 
From 1779, to the peace of 783, Louis Baury was with the army of the Revolution. In 1787, he was appointed, by Major General Lincoln, one of his aids; and upon the suppression of Shay's rebellion, he received a letter from General Lincoln, acknowledging "his zeal and fortitude, spirit and bravery", which testimonial is in the possession of your memorialist. 
The autograph of Baury De Bellerive will be found among those original members, who formed the society of the Cincinnati; and whose diploma or*
Your memorialist had two sons, upon whom she fondly counted for support and comfort in her declining years. Some slight reference to their brief career may not be irrelevant to this memorial. For Francis Baury, the eldest, his father obtained a midshipmans [sic] warrant in the Navy of the United States, and in 1799 he was ordered to the ship Trumball, Captain Jewett, on board which ship he served. Shortly after the war commenced between America and France. His
Page 145

Father could not endure the thought that a son of his should draw his sword, even for the land of his adoption, against the land of his birth; and respectfully withdrew him from the service. 
In 1801, the Government of France, having employed a large army for the subjugation of St. Domingo, the father and the son embarked for that island. Upon their arrival General Rochambeau, the friend of the father, appointed the son one of his aids. Soon after, he was entrusted with the command of five hundred men and fell 

[Insert at asterisk on previous page]
*certificate of membership is signed by the first President of the same, George Washington
[Insert covers text below it but page is complete in next document]

-tion, was received by his parents, in a letter from General Rochambeau, shortly after that event. 
Your memorialist has no occasion to complain, that her country has left the services of her offspring without acknowledgment. She beholds, with mingled pride and sadness, a sword in her keeping, inscribed, by order of Congress, with the name of her second son, Fredric Baury, as a
Page 146

Father could not endure the thought that a son of his should draw his sword, even for the land of his adoption, against the land of his birth; and respectfully withdrew him from the service.
In 1801, the Government of France, having employed a large army for the subjugation of St. Domingo, the father and the son embarked for that island. Upon their arrival General Rochambeau, the friend of the father, appointed the son one of his aids. Soon after, he was entrusted with the command of five hundred me and fell on the field of battle, in March 1802. All of solace that can be found, in the language of sympathy and admiration was received by his parents, in a letter from General Rochambeau, shortly after that event.
Your memorialist has no occasion to complain, that her country has left the services of her offspring without acknowledgment. She beholds, with mingled pride and sadness, a sword in her keeping, inscribed, by order of Congress, with the name of her second son, Fredric Baury, as a
Page 147

token of national regard, after the capture of Raindeer, June 28, 1814.
It never reached the hand for which it was designed. Lieutenant Baury, with the gallant Blakely, and his brave associates had perished in the ocean, ere their grateful country could prepare these testimonials of regard.
Frederic Baury obtained his midshipmans warrant, in 1809, and first joined in the Frigate Essex, under Captain Smith. He was next transferred to the Constitution, under Captain Hull; and was on board that ship, at the time of her remarkable escape from the British squadron, in 1812. He served on board that ship, under Captain Hull, when she captured the Guerriere; and under Captain Bainbridge, when she captured the Java. After these actions, Frederic Baury was promoted to a Lieutenancy, and joined the Wasp, under Captain Blakely. He was on
Page 148

board this ship, when she captured the Raindeer. In the letter from Captain Blakely, to the Secretary of the Navy, July 8, 1814, especial notice is taken of the good conduct of Lieutenant Baury during that action.
He was also on board the Wasp, during the memorable action with the Avon: and in the letter of Captain Blakely to the Secretary of the Navy, September 11, 1814, the most honorable notice is taken of the conduct of Lieutenant Baury. At the period when with the lamented Blakely and his companions, he perished in the Wasp, the son of your memorialist was entering upon the twenty third year of his age. He left neither wife nor children.
Should your honorable body, after consideration, decide, that your memorialist is not entitled to relief, she will draw all that can be drawn of compensation for her loss, in the reflection that her husband and her sons were honorable men, and that one of them bore a gallant part,
Page 149

in four of the most remarkable naval battles --- all of them victories ---- during the war of 1812, and finally perished in the service of his country. 
And, as in duty bound, your memorialist will &c &c. 
Mary Baury
Boston Massachusetts March 21, 1850.
Page 150

Tobias Lear
Com agent
Page 151

These are to certify the Citizen Baury who came passenger in the Ship Defiance, Captain Burnham from New York, has permission to come on shore, he being a Citizen of the United States of America.
Given under my hand in Cape François this third day of September 1801.
Tobias Lear
General Commercial Agent of the 
United States in Saint Domingo
Page 152

30 Nov. 1853 C. S. Davis Esq.
to 
Rev. Dr. Baury.
Page 153

Portland. Nov 30th 1853.
Rev. A.L. Baury
My dear Sir, 
I return to you the papers relative to your venerable Mother's claim to be placed on a footing with other aged and equally deserving officers' widows of the army of the Revolution; which I have read, particularly the opinion of my learned and lamented friend, Prof. Greenleaf, with much attention. I think it is quite conclusive upon the subject, not only of the adoptive but the actual bona fide citizenship; a point, I suppose considered of essential importance, and which thus relates back to the period when your father entered the service, or determined to identify himself with us.
That service I understand to be established so as not to be called into question as to all that is material, and in regard to every thing except the circumstance of his foreign birth. which like Gen. Hamilton's took place in the West Indies, though the island in which the latter was born, I presume was then in possession of the English. It is well known that many foreign officers, chiefly French entered our Revolutionary service, about the period of the alliance and received commissions more or less equal to their pretensions, in branches of it, especially in which we had less skill and experience and some who failed to obtain adequate commissions
Page 154

engaged as volunteers. The regular French and other foreign officers who were admitted to join the Cincinnati of course did not belong to any State Society, and never were enrolled among the members of any that I know of, certainly of ours, unless your father was an exception. That's such a foreign officer should thus pass into service would not be improbable; and it would be strange if there should not be more than one instance. What is most conclusive upon this point is that, he was received and recognized by his companions and brethren in arms, as one in all respects of themselves -- and in his name is found, alone that I remember, of foreign certainly of French extraction upon our honored roles -- I cannot say but the roles of other states societies may not exhibit similar names. They were probably rare. Your father's remaining here, marrying, making it his home, and dying, strengthens every suposition [sic] that can assist your Mother's claim. From facts, that are established, other facts, or more properly conclusions of fact, are often to be inferred and found, without being called upon for further proof, on insisting on evidence, now no longer in her power or yours to produce, and probably not in existence. Your father himself has been deal near half a century. Not one of his brother officers, who gave their attestation to his claims is now living. One of my father's commissions was dyed in the salt water in which he had to swim for his life in the Chesapeake Bay at the close of the war; and though I had it sometime after his death and preserved it with sacred care, if the proof of any thing
Page 155

important, depended upon it, I can no longer produce it. One of your elder brothers fell abroad and the other was lost at sea. The war office was destroyed in 1800 and I do not know if any role, on which my father's name is found than that of the Cincinnati. 
I confess I cannot see what more can be necessary. Proof more potent or stringent is seldom required, and can hardly be adduced in the most important matters of life and relations of society. It leaves no moral doubt upon the mind and scarcely room for scruple. The case has all the equity in the first place (and which is quite enough, and ought to remove all questions ) and not merely that I do not, see why it does not stand well on the ground of strict claim. I do not see what there can be to rebut it. There is anything singular about it, it is only enhanced by the circumstances which I think justify and demand the most liberal consideration in its favor.

It is something, and indeed it goes the whole length upon the principle, that her country has acknowledged her claim to a pension, like other relicts of the revolution, and considering the brief. That she can be permitted to enjoy it, it would be no more than justice, that the same measure should be granted to her that has been extended to others, surely not more meritorious.
With a warm sympathy with her prayer, and most sincere regard to your sister and yourself, I remain by personal and patriotic ties, your friend and brother
C.L. Daveis.
Page 156

Department of State
Washington April 20 1853
Sir, 
In compliance with the request contained in your note of the 19th inst, I herewith transmit to you a certified copy of the Act of Congress for the relief of Mary Baury. 
Very Respectfully,
Your obt  sevt, 
W. J. Cemter
C.C.

In 
S. Cole
Chf. Clk Pension Office
Page 157

Portland. Nov 30th 1853.
Rev. A.L. Baury
My dear Sir,
I return to you the papers relative to your venerable Mother's claim to be placed on a footing with other aged and equally deserving officers' widows of the army of the Revolution; which I have read, particularly the opinion of my learned and lamented friend, Prof. Greenleaf, with much attention. I think it is quite conclusive upon the subject, not only of the adoptive but the actual bona fide citizenship; a point, I suppose considered of essential importance, and which thus relates back to the period when your father entered the service, or determined to identify himself with us.
That service I understand to be established so as not to be called into question as to all that is material, and in regard to every thing except the circumstance of his foreign birth. which like General Hamilton's took place in the West Indies, though the island in which the latter was born, I presume was then in possession of the English.
Page 158

It is well known that many foreign officers, chiefly French entered our Revolutionary service, about the period of the alliance and received commissions more or less equal to their pretensions, in branches of it, especially in which we had less skill and experience and some who failed to obtain adequate commissions engaged as volunteers. The regular French and other foreign officers who were admitted to join the Cincinnati of course did not belong to any State Society, and never were enrolled among the members of any that I know of, certainly of ours, unless your father was an exception. That's such a foreign officer should thus pass into service would not be improbable; and it would be strange if there should not be more than one instance. What is most conclusive upon this point is that, he was received and recognized by his companions and brethren in arms, as one in all respects of themselves -- and in his name is found, alone that I remember, of foreign certainly of French extraction upon our honored roles -- I cannot say but the roles of other states societies may not exhibit similar names. They were probably rare.
Page 159

Your father's remaining here, marrying, making it his home, and dying, strengthens every supposition that can assist your Mother's claim. From facts, that are established, other facts, or more properly conclusions of fact, are often to be inferred and found, without being called upon for further proof, on insisting on evidence, now no longer in her power or yours to produce, and probably not in existence. Your father himself has been deal near half a century. Not one of his brother officers, who gave their attestation to his claims is now living. One of my father's commissions was dyed in the salt water in which he had to swim for his life in the Chesapeake Bay at the close of the war; and though I had it sometime after his death and preserved it with sacred care, if the proof of anything important, depended upon it, I can no longer produce it. One of your elder brothers fell abroad and the other was lost at sea. The war office was destroyed in 1800 and I do not know if any role, on which my father's name is found than that of the Cincinnati.
I confess I cannot see what more can be necessary. Proof more potent or stringent is seldom required, and can hardly be adduced in the most important matters of life and relations of society. It leaves no moral doubt upon the mind and scarcely room for scruple.
Page 160

The case has all the equity in the first place (and which is quite enough, and ought to remove all questions ) and not merely that, I do not, see why it does not stand well on the ground of strict claim.* If there is anything singular about it, it is only enhanced by the circumstances which I think justify and demand the most liberal consideration in its favour.

It is something, and indeed it goes the whole length upon the principle, that her country has acknowledged her claim to a pension, like other relicts of the revolution, and considering the brief. That she can be permitted to enjoy it, it would be no more than justice, that the same measure should be granted to her that has been extended to others, surely not more meritorious.

With a warm sympathy with her prayer, and most sincere regard to your sister and yourself, I remain by personal and patriotic ties, your friend and brother
C.L. Daveis.

[Along left margin:]
*I do not see what there can be to rebut it. There is anything singular about it,
Page 161

Portland. Nov 30th 1853.
Rev. A.L. Baury
My dear Sir,
I return to you the papers relative to your venerable Mother's claim to be placed on a footing with other aged and equally deserving officers' widows of the army of the Revolution; which I have read, particularly the opinion of my learned and lamented friend, Prof. Greenleaf, with much attention. I think it is quite conclusive upon the subject, not only of the adoptive but the actual bona fide citizenship; a point, I suppose considered of essential importance, and which thus relates back to the period when your father entered the service, or determined to identify himself with us.
That service I understand to be established so as not to be called into question as to all that is material, and in regard to every thing except the circumstance of his foreign birth. which like Gen. Hamilton's took place in the West Indies, though the island in which the latter was born, I presume was then in possession of the English.
It is well known that many foreign officers, chiefly French entered our Revolutionary service, about the period of the alliance and received commissions more or less equal to their pretensions, in branches of it, especially in which we had less skill and experience and some who failed to obtain adequate commissions engaged as volunteers. The regular French and other foreign officers who were admitted to
Page 162

to join the Cincinnati of course did not belong to any State Society, and never were enrolled among the members of any that I know of, certainly of ours, unless your father was an exception. That's such a foreign officer should thus pass into service would not be improbable; and it would be strange if there should not be more than one instance. What is most conclusive upon this point is that, he was received and recognized by his companions and brethren in arms, as one in all respects of themselves -- and in his name is found, alone that I remember, of foreign certainly of French extraction upon our honored roles -- I cannot say but the roles of other states societies may not exhibit similar names. They were probably rare. 
Your father's remaining here, marrying, making it his home, and dying, strengthens every supositions [sic] that can assist your Mother's claim. From facts, that are established, other facts, or more properly conclusions of fact, are often to be inferred and found, without being called upon for further proof, on insisting on evidence, now no longer in her power or yours to produce, and probably not in existence. Your father himself has been deal near half a century. Not one of his brother officers, who gave their attestation to his claims is now living. One of my father's commissions was dyed in the salt water in which he had to swim for his life in the Chesapeake Bay at the close of the war; and though I had it sometime after his death and preserved it with sacred care, if the proof of any thing important depended upon it.  I can no longer produce it.
Page 163

One of your elder brothers fell abroad and the other was lost at sea. The war office was destroyed in 1800 and I do not know if any role, on which my father's name is found than that of the Cincinnati.
I confess I cannot see what more can be necessary. Proof more potent or stringent is seldom required, and can hardly be adduced in the most important matters of life and relations of society. It leaves no moral doubt upon the mind and scarcely room for scruple. The case has all the equity in the first place (and which is quite enough, and ought to remove all questions ) and not merely that I do not, see why it does not stand well on the ground of strict claim. I do not see what there can be to rebut it. There is anything singular about it, it is only enhanced by the circumstances which I think justify and demand the most liberal consideration in its favor.

It is something, and indeed it goes the whole length upon the principle, that her country has acknowledged her claim to a pension, like other relicts of the revolution, and considering the brief. That she can be permitted to enjoy it, it would be no more than justice, that the same measure should be granted to her that has been extended to others, surely not more meritorious.
With a warm sympathy with her prayer, and most sincere regard to your sister and yourself, I remain by personal and patriotic ties, 
Your friend & brother
C.L. Davies.
[Note: in other copies of the same letter, spelled Daveis]
Page 164

To the Honorable, the Senate and House of Representatives of the United States in Congress assembled: ____________________

The memorial of Mary Baury, of Boston, in the Commonwealth of Massachusetts, respectfully sheweth, that your memorialist, heretofore tendered a memorial to your honorable body, in the words following, to wit: --

Your memorialist, a widow in the eighty third year of her age, solicits pecuniary aid; and that her reluctance hitherto, to appear, as a petitioner, may not prejudice her right, if any she have, to retrospection in the date of her claim.

Your memorialist, of American parentage, became the wife of Louis Baury, in 1784, and his widow in 1807. Her husband was born in the island of St. Domingo, in 1754, and received his military education in France. When, in 1779, Count D'Estaing embarked with six thousand troops, at Cape Francois, destined for the Southern part of North America, a corps of volunteer chasseurs, under the command of Louis Baury formed a part of that army. The employment of these troops, under the command of General Lincoln, is a matter of historical record. In a letter from Gen. Vincent, it appears that Louis Baury was employed in the seige of Savannah. 
From 1779 to the peace of 1783, Louis Baury was with the army of the Revolution. In 1787, he was appointed, by Major-General Lincoln, one of his aids; and upon the
Page 165

suppression of Shay's rebellion, he received a letter from General Lincoln, acknowledging "his zeal and fortitude, spirit and bravery", which testimonial is in the possession of your memorialist.
The autograph of Baury De Bellerive will be found among those original members, who formed the society of the Cincinnati; and whose diploma or certificate of membership, is signed by the first President of the same, George Washington.
"Your memorialist had two sons, upon whom she fondly counted for support and comfort in her declining years. Some slight reference to their brief career may not be irrelevant to this memorial. For Francis Baury, the eldest, his father obtained a midshipmans [sic] warrant in the Navy of the United States, and in 1799 he was ordered to the ship Trumball, Captain Jewett, on board which ship he served. Shortly after the war commenced between America and France. His Father could not endure the thought that a son of his should draw his sword, even for the land of his adoption, against the land of his birth; and respectfully withdrew him from the service.

In 1801, the Government of France, having employed a large army for the subjugation of St. Domingo, the father and the son embarked for that island. Upon their arrival General Rochambeau, the friend of the father, appointed the son one of his aids. Soon after, he was entrusted with the command of 500 hundred men, and fell, on the field of
Page 166


battle, in March 1802. All of solace that can be found, in the language of sympathy and admiration was received by his parents, in a letter from General Rochambeau, shortly after that event.
Your memorialist has no occasion to complain, that her country has left the services of her offspring without acknowledgment. She beholds, with mingled pride and sadness, a sword in her keeping, inscribed, by order of Congress, with the name of her second son, Fredric Baury, as a token of national regard, after the capture of Reindeer, June 28, 1814.
It never reached the hand for which it was designed. Lieutenant Baury, with the gallant Blakely, and his brave associates had perished in the ocean, ere their grateful country could prepare these testimonials of regard.

Frederic Baury obtained his midshipman's warrant, in 1809, and first joined in the Frigate Essex, under Captain Smith. He was next transferred to the Constitution, under Captain Hull; and was on board that ship, at the time of her remarkable escape from the British squadron, in 1812. He served on board that ship, under Captain Hull, when she captured the Guerriere; and under Captain Bainbridge, when she captured the Java. After these actions, Frederic Baury was promoted to a lieutenancy, and joined the Wasp, under Captain Blakely. He was on board this ship when she captured the
Page 167

Reindeer. In the letter from Captain Blakely, to the Secretary of the Navy, July 8, 1814, especial notice is taken of the good conduct of Lieutenant Baury during that action.

He was also on board the Wasp, during the memorable action with the Avon: and in the letter of Captain Blakely to the Secretary of the Navy, September 11, 1814, the most honorable notice is taken of the conduct of Lieutenant Baury. At the period when with the lamented Blakely and his companions, he perished in the Wasp, the son of your memorialist was entering upon the twenty third year of his age. He left neither widow nor children.

Should your honorable body, after consideration, decide, that your memorialist is not entitled to relief, she will draw all that can be drawn of compensation for her loss, in the reflection that her husband and her sons were honorable men, and that one of them bore a gallant part, in four of the most remarkable naval battles -- all of them victories -- during the war of 1812, and finally perished in the service of his country."

An act was therefore passed, March 3rd 1853 directing the Secretary of the Interior to place on the roll of revolutionary pensions the name of Mary Baury widow of Louis Baury who served three campaigns, as a captain of grenadiers, during the revolutionary war, and to pay her a pension, at
Page 168

the rate of six hundred dollars, per annum, from the 25th day of March, 1850, and to continue, during her natural life.

However brief the continuance of this benefit may be, your memorialist, is duly grateful for the pension, thus allowed her. The date of its termination -- the "close of her natural life," cannot probably be far away. The period of enjoyment, must be short -- your memorialist begs leave to suggest that she is now in the eighty seventh year of her age.

Your memorialist presumes to trespass upon the patients of this honorable body as far as to ask their renewed consideration of that part of her former memorial, in which she expresses a hope, that her reluctance hitherto to appear, as a petitioner may not prejudice her right, if she have, to retrospection in the date of her claim."

She is emboldened to make this request by the deliberate opinion, in writing, of counsel learned in the law, and of the highest professional eminence, by whom she is assured, that the principles upon which the grant of her present pension necessarily rests, furnishes the most ample ground for something more: -- in other words, that "Captain Baury was a citizen of the United States at the close of the war of the
Page 169

revolution, and remained so, until the day of his death; and that is widow is entitled to the benefit of the pension law of July 7th 1838, and of the several acts in addition and supplemental thereof."
Your memorialist is very sure, that no member of your honorable body would fail and regret the circumstance, should it hereafter appear, that the widow of a soldier of the revolution, in her extreme old age, had received one farthing less than the full amount of her claim, under the laws of her country: -- she asks no more.
And in duty bound, your memorialist will, &c &c.
Mary Baury


Boston, Massachusetts, February 2nd 1854.
Page 170

State of Connecticut
County of Middlesex} ss: Middletown Nov 18, 1850. 
I, Elihu Spencer, Town Clerk of the said town of Middletown, do hereby certify that it appears by the registry of deaths in said town that Louis Baury died in said Middletown on the 20th day of September 1807
The record is in the words and figures following.
"Louis Baury died in Middletown Sept 20, 1807"
Elihu Spencer
Register & Town Clerk 

I, Elihu Spencer, above named depose and say that I hold the office of Register and Town Clerk of the Town of Middletown, in this County of Middlesex and State of Connecticut, that I am the Keeper of the Registry of births, marriages, and deaths in said Middleton, and that the above is a true extract from the Records of deaths in said Middletown, with the exception above certified by me. 
Elihu Spencer
Register & Town Clerk 

State of Connecticut
County of Middlesex} ss: Middletown Nov 18, 1850. 
The above named Elihu Spencer, Esq. appeared and made oath to the trust of the above certificates by him subscribed, before me; and I further certify that said Elihu Spencer is Register and Town Clerk of the said Town of Middletown and Keeper of the Registry of births, marriages, and deaths in said Town.
Jonathan Barnes
Justice of the Peace
Page 171

State of Connecticut
County of Middlesex} ss: I Elihu Spencer 
Clerk of the County Court in and for the said county of Middlesex (the same being a Court of Record) do hereby certify that Jonathan Barnes Esq, whose signature known to me by his genuine handwriting, is affixed to the within certificate, is a Justice of the Peace in and for the County of Middlesex, duly commissioned and qualified, (as by Commission on file in my office) and that he is, as such Justice authorized by law to administer oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of the said County Court this 18th day of November A.D. 1850.
Elihue Spencer
Clk of County Court

[seal - illegible]
Page 172

32d Congress 
1st Session
Rep. N. 147
H. of Reps.

Mary Baury
[To accompany bill H.R. No. 278.]
___
June 4, 1852.
____
Mr. Millson, for the Committee on Revolutionary Pensions, made the following
REPORT
The Committee on Revolutionary Pensions, to whom was referred the memorial of Mrs. Mary Baury, submit the following report: 

The claims of the petitioner, who is now in the 85th year of her age, are thus set forth in her memorial : 

"Your memorialist, of American parentage, became the wife of Louis Baury, in 1784, and his widow in 1807. Her husband was born in the island of St. Domingo, in 1754, and received his military education in France. When, in 1779, Count D'Estaing embarked with six thousand troops, at Cape Francois, destined for the Southern part of North America, a corps of volunteer chasseurs, under the command of Louis Baury formed a part of that army. The employment of these troops, under the command of General Lincoln, is a matter of historical record. In a letter from Gen. Vincent, it appears that Louis Baury was employed in the seige of Savannah. From 1779 to the peace of 1783, Louis Baury was with the army of the Revolution. In 1787, he was appointed, by Major General Lincoln, one of his aids ; and upon the suppression of Shay's rebellion, he received a letter from General Lincoln acknowledging his `zeal and fortitude, spirit and bravery,' which testimonial is in the possession of your memorialist.
"The autograph of Baury de Bellerive will be found among those original members who formed the society of the Cincinnati, and whose diploma or certificates of membership is signed by the first President of the same, George Washington." 

The proof furnished by the memorialist are : 
1. A brief memoire of Louis Baury signed by himself in 1788, and verified by General Vincent, whose signature is authenticated at Paris on the 7th September, 1850, by the minister of marine and of the colonies. This sets forth the various military services of M. Baury from the year 1754 to 1783, the last two years having been spend in the United States, in the rank of captain of the train of grenadiers. 
2. An original certificate of Major General Vincent, dated at St. Domingo, in 1789, found among the papers of the Massachusetts Society of the Cincinnati, and recently authenticated in Paris, setting forth that "Monsieur Baury de Bellerive, planter in this colony, has not resumed his command of the troops of his most Christian majesty since the year 1780, when the corps of volunteer chasseurs in which he served as captain commandant of a company was reformed;" and testifying that "during the whole time he served, whether here or at Savannah, where this corps was employed, he demeaned himself in such manner as to merit the esteem and friendship of his fellow soldiers and the confidence of his superior officers." 
3. Authenticated certificates of the birth of the petitioner in July, 1767 ; 

[along right margin: ]
Facsimile of those autographs locked up with Continental & Foreign paper
Page 173

2
Rep. No. 147.

of her marriage with Louis Baury at Boston, on the 7th June, 1784; of the death of Monsieur Baury at Middletown, Connecticut, in September, 1807, and a certificate of Mrs. Baury's identity, signed by Hon. William L.
Stoors, a judge of the supreme court of Connecticut.

4. An affidavit of the Rev. Alfred L. Baury, a son of the petitioner, referring among other things to a wound received by his father, as he has
often informed him, while in the service of the United States, the scar of which he had frequently seen, and which "so far disabled him that he was ever afterwards obliged to use a cane."

5. An original letter of Major General Lincoln, dated at Boston, June 1, 1787, acknowledging in very complimentary terms the services of Monsieur Baury, as his aid-de-camp during the disturbances in Massachusetts, in the winter and spring of 1786-7.

6. A certificate of Governor Huntington of Connecticut, given in November, 1794, under the public seal of the State and authenticated by John Marshall, Secretary of the Department of State of the United States, setting forth that Louis Baury had resided in the United States for upwards of fifteen years, &c.

7. A certificate of Tobias Lear, commercial agent of the United States at St. Domingo, dated in September, 1801, setting forth that Louis Baury "being a citizen of the United States, has permission," &c.

8. Various receipts for taxes paid by Louis Baury to the commonwealth of Massachusetts and city of Boston, from 1784 to 1789 inclusive.

9. An authenticated report of the standing committee of the Massachusetts Society of the Cincinnati, made on the 5th September, 1787, upon the application of Louis Baury for admission as a member, as follows :

"On application to the president of the society in favor of Major Baury, a French gentleman, for admission as a member: 
"Your committee, on examining the claims of M. Baury, find that he has made three campaigns in the southern States of America, as an officer in the French armies commanded by Count d'Estaing, Count d'Grasse and the Marquis de Vaudreuil; and that he has produced ample testimonials of his character as a gentleman and a soldier : that since rendering the said service to this country, M. Baury cheerfully attended General Lincoln as an aid-de-camp, during the critical stage of the rebellion in this State last winter ; that M. Baury has in every sense become a citizen in this State, and formed connexions which probably
will continue him for life in this country. 
Considering these circumstances, and that Monsieur Baury possesses an unspotted reputation as a gentleman and a man of the purest honor ; that he is warmly attached to the interests of this country, and desirous of associating with the Cincinnati, to whom he feels himself strongly affected ; your committee beg leave to recommend Major Baury to the society as a gentleman who will do honor to the institution, and request that a particular resolution may be passed to this effect, viz :
"Whereas Major Baury has served three campaigns in the defence of our country, and since the said service has married and become a citizen of this State to all intents and purposes ; and whereas M. Baury produces unequivocal proof of military character, and sustains an amiable and reputable fame ;

"Resolved, That the three years services of Major Baury (although they were performed in the French army, yet, in consideration of his serving in this country, and in concert with
the late continental army) shall be considered as if they had been performed by a citizen
provided always that nothing in this resolve shall be construed as a precedent in any future
of America, and that they shall and do entitle him to become a member of the Cincinnati,
proceedings of the society."

10. An opinion of Simon Greenleaf, esq., an eminent lawyer of Boston, Massachusetts, in which, after an elaborate discussion of the facts of the case, he comes to the following conclusion :

" I am, therefore, clearly of opinion that Captain Baury was a citizen of the United States at the close of the war of the revolution, and remained such until the day of his death ;
and that his widow is entitled to the benefit of the pension law of June 7, 1832, and of the
several acts passed in addition and supplemental [illegible] to."
Page 174

Rep. No. 147.
3
The committee, upon the foregoing testimony, have unanimously agreed to report a bill for the relief of the petitioner, granting her a pension equal to the pay of a captain of artillery to continue during her natural
life, and commencing on the - day of -, 1850, the date of her first application to Congress. An adverse report upon this application
was made by the Committee on Revolutionary Pensions at the second session of the last Congress, but for reasons not at all affecting the case as it is now presented.

The committee are aware that Major Baury, not having been an officer of the American army during the revolution, the petitioner is not included within the terms of any of the acts passed for the relief of the widows of revolutionary officers and soldiers. Considering, however, the peculiar circumstances of the present case, appealing so strongly to the equity of Congress, and so little likely to furnish occasion for a dangerous precedent, they have had no hesitation in proposing to secure to her by a special act the benefits of the provisions made for the surviving widows of those who rendered
important services to the country in our revolutionary struggle.
Page 175

To the Honorable, the Senate and House of Representatives of the United States, in Congress assembled.

The memorial of Mary Baury, of Boston, in the Commonwealth of Massachusetts, respectfully sheweth : -

Your memorialist, a widow, in the eighty-third year of her age, solicits pecuniary aid ; and that her reluctance, hitherto, to appear as a petitioner, may not prejudice her right, if any
she have, to retrospection, in the date of her claim.
Your memorialist, of American parentage, become the wife of Louis Baury, in 1784. And his widow, in 1807. Her husband was born in the Island of St. Domingo, in 1754. And received his military education in France. When, in 1779, Count D'Estaing embarked with six thousand troops, at Cape Francois, destined for the Southern part of North America, a corps of volunteer chasseurs, under the command of Louis Baury, formed a part of that army. The employment of these troops, under the command of General Lincoln, 
is matter of historical record. In a letter from General Vincent, it appears, that Louis Baury was employed, in the siege of Savannah. From 1779, to the peace of 1783, Louis Baury was with the army of the Revolution. In 1787, he
was appointed, by Major General Lincoln, one of his aids; and, upon the suppression of Shays' rebellion, he received a letter from General Lincoln, acknowledging his " zeal and
fortitude, spirit and bravery," which testimonial is in the possession of your memorialist.

The autograph of Baury De Bellerive will be found among those original members, who formed the society of the Cincinnati, and whose diploma or certificate of membership is
signed by the first President of the same, George Washington.

Your memorialist had two sons, upon whom she fondly counted, for comfort and support, in her declining years.
Page 176

2
Some slight reference to their brief career may not be irrelvant to this memorial. For Francis Baury, the eldest, his father obtained a midshipman's warrant, in the navy of the
United States; and, in 1799, he was ordered to the ship Trumbull, Captain Jewett, on board which ship he served. Shortly after, the war commenced, between America and
France. His father could not endure the thought, that a son of his should draw his sword, even for the land of his adoption, against the land of his birth ; and respectfully withdrew him from the service.
In 1801, the Government of France having employed-a large army, for the subjugation of St. Domingo, the father and the son embarked, for that island. Upon their arrival, General Rochambeau, the friend of the father, appointed the son one of his aids. Soon after, he was intrusted with the command of five hundred men, and fell, on the field of battle,
in March, 1802. All of solace that can be found, in the language of sympathy and admiration, was received, by his parents, in a letter, from General Rochambeau, shortly after that event.

Your memorialist has no occasion to complain, that her country has left the services of her offspring, without acknowledgement. She beholds, with mingled pride and sadness, a sword, in her keeping, inscribed, by order of Congress, with the name of her second son, Frederick Baury, as a token 28, 1814. It never reached the hand, for which it was deof National regard, after the capture of the Reindeer, June, signed. Lieutenant Baury, with the gallant Blakely, and his brave associates, had perished on the ocean, ere their grateful
country could prepare these testimonials of regard.

Frederick Baury obtained his midshipman's warrant, in 1809.And first joined the Frigate Essex, under Captain Smith. He was next transferred to the Constitution, under
Captain Hull ; and was on board that ship, at the time of her remarkable escape from the British squadron, in 1812. He served, on board that ship, under Captain Hull, when she captured the Guerriere; and, under Captain Bainbridge, when she captured the Java. After these actions, Frederick Baury was promoted to a Lieutenancy, and joined the Wasp,
under Captain Blakely. He was on board this ship, when she captured the Reindeer. In the letter from Captain Blakely to the Secretary of the Navy, July 8, 1814, especial notice
Page 177

3
is taken of the good conduct of Lieutenant Baury, during that action.

He was also on board the Wasp, during her memorable action with the Avon : and, in the letter of Captain Blakely to the Secretary of the Navy, September 11, 1814, the most honorable notice is taken of the conduct of Lieutenant Baury. At the period, when, with the lamented Blakely and his companions, he perished in the Wasp, the son of your memorialist was entering upon the twenty third year of his age. He left neither widow nor children.

Should your honorable body, after consideration, decide, that your memorialist is not entitled to relief, she will draw all, that can be drawn, of compensation for her loss, in the
reflection, that her husband and her sons were honorable men ; and that one of them bore a gallant part, in four of the most remarkable naval battles-all of them victories-during the war of 1812, and finally perished, in the service of his country.

And, as in duty bound, your memorialist will, &c., &c.
MARY BAURY.
Page 178

4
[TRANSLATION.]
By Alexander de Vincent, Major General in the Armies of the King and Commandant in Second, of the Northern Part of St. Domingo : -
We certify that Mons. Baury de Bellerive, Planter in this Colony, has not resumed his command in the Troops of his most Christian Majesty, since the year 1780, when the Corps of Volunteer Chasseurs, in which he served as Captain Comandant of a Company, was reformed. That, during the whole time he served, whether here, or at Savannah, where
this Corps was employed, he demeaned  himself in such manner as to merit the esteem and friendship of his fellow soldiers, and the confidence of his superior officers.

In faith of which, we have given him this Certificate to be used as occasion may require.
At the Cape, this First day of April, 1788.
VINCENT.

__________

BOSTON, June 1,1787.
DEAR SIR,-
It is with pleasure, I can assure you, that the spirit of Rebellion, which too much prevailed in some parts of this State during the last winter and spring, seems pretty fully crushed.

With pleasure, also, I acknowledge your services, while in my family, as an Aid-de-Camp,--the zeal, and fortitude, the spirit and bravery, which marked every part of your conduct, merit my esteem, and entitle you to my thanks, which please to accept with my best wishes for your future happiness.
I have the honor to be, with great esteem,
Dear Sir,
Your obedient, humble servant,
B. LINCOLN.

MONS. BAURY DE BELLERIVE,
Capt. of Infantry in the service of his most Christian Majesty.