Revolutionary War Pension and Bounty Land Warrant Application File W. 5,472, for John Payne, New Hampshire
Page 1

(3-1776)

SERVICE
Continental (N.H.)
Green Mt. Boys

Payne, John
or
Paine
or
Pain, Esther

NUMBER
W. 5,472
B.L.Wt. 33752-160-55

CONTENTS
Page 5

State of New York Richmond County S.S.
On this 2nd day of July 1855, before me a Justice of the Peace in and for the said County, personally appeared Esther Paine, a resident of Castleton in said County aged seventy nine years, who on her oath declares that she is the widow of John Paine deceased who was a sergeant and second lieutenant in the Revolutionary War; that her said husband continued in actual service in said war for fourteen days and over as will appear from the evidence already produced and on file at the Pension Office at Washington; that she now receives a pension of three hundred and three dollars and thirty three cents per annum under the 2d section of the act of Congress of February 3d 1853, on account of the services of said husband in said war. She makes this declaration in order to obtain the bounty land to which she may be entitled under the act approved March 3d 1855; and further declares that she has never before applied for nor received any bounty land whatever. She furthermore declares that she is now a widow.
Ester Pain

We Elizabeth Dandinde and Mary Willis residents of Castleton, Richmond County, above named on our oath declare that we are personally acquainted with the above affiant Esther Paine, and know her to be the same person she represents herself to be in the foregoing declaration to
Page 8

John Payne
17,435
Con
Septr. 1820
Page 38

possession of the said certificate now in his possession.
Ester Pain

Sworn and Subscribed to before me )
on the day and year before written   )
Fred'k Groshon
Just of the peace

Witness
Elizabeth Dandinde

I hereby certify that I am personally acquainted with the above affiant Esther Paine, & know her to be the same person she represents herself to be in the foregoing declaration, & that I have satisfactory evidence, that the statement contained therein, regarding the detention of her pension certificate, is true.

New York City Pension Agency.
July 31st 1855.

VanBrugh Livingston
Pension Agent

[illegible seal affixed to the left of the above paragraph]
Page 39

To
Vanbrugh Livingston Esq.
U.S. Pension Agent in
New York City.
Page 40

Supreme Court
___________________________________
Cornelius R. Schaller  afsignee  &c
against
Esther Payne
___________________________________

Let the defendant show cause before one of the Justices of this Court at Chambers in the City Hall of the City of New York on Thursday the Thirteenth day of September instant at eleven oclock in the fore noon why an injunction order should not be made enjoining and restraining the Agent of the Government of the United States for the payment of Pentions in this City from paying and the said defendant from Presuming the instatment of pension payable to said defendant on the fourth day of September instant amounting to the sum of One hundred and fifty one dollars ["and sixty six cents" stricken out] or thereabouts and in the meantime let the said parties be restrained and they are enjoined from paying or receiving the same.
Dated Sept. 10th 1855.
T W. Clerke
Page 41

John Paine -- Rev -- Bounty Land -- N.Y.


17.435   N.Y. 1818.   Capt. Triplett--
Page 42

Brief in the case of Esther Payne wid'w of John, N. York City County and State of New York
act 3, February 1853
=============================
Claim, ("original,"  ["or "for increase.") all stricken out]

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls?  If either, state the substance.
Husband pensioned under Act of 18, March 1818.  Marriage proved by certificate of the pastor & by witnesses--Death of husband proved by same testimony--Identity proved before the Judge & by additional affidavit of a credible witness--Widow pensioned under Act of February 1853 at the rate to which her husband would have been--

(If for increase.)

Has additional evidence been filed since the admission of the claim?  If so, what?
Entitled under Act of 1832--(commissioner satisfied that John Payne served as 2d. Lieut. 22 mos.)

Name and residence of Agent
F A Dickens
Present

McRae   Examining Clerk.
Page 43

New York.
_________________________
Esther Paine--
widow of Jno.

Sergeant  2 mos.....................$  10---
Lieuten't  22  " ..........................293.33
.....................................................______________
.............................pr. ann...........$ 303.33
....................................................=========

Coming.  3 Feb. 1853.
City

F.A. Dickins
Mes't.
Page 44

New York   July 31st 1855.

Sir,

Enclosed herewith I transmit to you the applications for bounty land, under the late act, of Esther Paine and James Mathews.

I am, very respectfully
Your obedient servant
V.B. Livingston, Jr.

L.P. Waldo Esq.
Commissioner of Pensions.
Page 45

New York.  Mch. 24th 1855.

Sir,

At the request of Mrs. Paine, a pensioner on the roll of the agency at this city I forward to you, the enclosed affidavit, for your consideration.

I am
very respectfully
Your obedient servant
V.B. Livingston, Jr.

L.P. Waldo. Esq.
Commissioner of Pensions.
Page 46

N.Y. City Pension Agency
Sept'r 11th 1855

Sir,

I send enclosed herewith a document addrefsed to me as Pension Agent in the case of a pensioner on the roll of this agency.

I presume I am required to pay no attention to such order from the court; but should they be otherwise please instruct me accordingly.

Please inform me under what act Elizabeth Munroe refered to in your Notif'n of the 5th Inst is to be inscribed.

Respectfully your
Obedient servant
VanBurgh Livingston
P.A.

Josiah Minot Esqr
Commifsioner of Pensions
Washington City D.C.
Page 47

L P Waldo Esq'r

Dear Sir   By Request of John McKeon U.S. Districct Attorney I Present you the Request In Brief that you will forward the amount that was due and payable to John Paine a Lieutenant in the Revolution  the application was made in AD 1851 by one Ridgeway By Request of Wm. Woodhull to Widow Ester  Said Ester Received $40 In 1856 as full amount Due her to that Date for Pension  we want to Knot the amount total and also the number of Land Warrant If any Was Issued By claim of Said Woodhull to John Paine to Said Ester

March 23rd 1855
Port Richmond  Richmond County
Staten Island  New York

Samuel Heburn

L.P. Waldo Esq'r
Washington City D.C.
Page 48

New York   July 31st 1855.

Sir,

Enclosed herewith I transmit to you the application of Esther Paine, for a new certificate of Pension.

I am, very respectfully,
Your obedient Servant.
V.B. Livingston. Jr.

L.P. Waldo, Esq.
Commissioner of Pensions.
Page 49

OFFICE OF VAN SCHAICK & DEVEREUX,
No. 90  Broadway, corner Wall St.
New=York   March 31. 1856.

Dear Sir:

Will you be good enough to forward to the Pension Agent Mr. Livingston or myself, upon rec't of this and the accompanying papers, Such a certificate as Mrs Payne requires to draw her installments of pension, which she much needs.

Very respects
John C Devereux

To the Comm'r of Pensions.
Page 50

Jamcey Court
37 Wall Street
New York   July 2nd 1850

James L. Edwards Esqr.
Commifsioner of Pensions.

Respected Sir,

Lawyers here dispute the right of the widow of Lieut John Payne of the Revolutionary Army to a pension.  He rec'd a pension--but no land--up to the day of his death viz "March 13" 1825-- but his widow, now alive, has never rec'd a dollar.

I know that it is intruding to ask you to look at the copies I send viz.
No 1 -- Certif'e from the Depost' 8" June 1820
No 2 -- Your own Certif'e 2d Oct 1820
No 3   Certif'e of Marriage
No 4   Certif'e of Death of Lt. John Payne--

and to say whether the widow is [underlined] entitled to a pension of any kind [last 4 words underlined]--or to land [underlined]--but feeling that I am already extremely indebted to you for your kindnefs and promptnefs in the discharge of the businefs I have had the honor to transact with you--& knowing that I would cheerfuly reciprocate, I venture on this liberty rather than throw this affair--for an aged and poor widow into the hands of grasping speculators.

Respectfully Your Ob't S't
Jas. Bergen
Page 51

No 1 
"War Department Revolutionary Claim.  I certify that, in conformity with the Law of the United States, of the 18: March 1818 John Payne late a 2nd Lieutenant in the Army of the Revolution, is inscribed on the Pension List of the Massachusetts Agency, at the rate of twenty dollars per month to commence on the twenty first day of October one thousand eight hundred and nineteen.  Given at the War Office of the United States, this eighth day of June one thousand eight hundred and twenty
J. C. Calhoun
Secretary of War "

L.S.  [circled]

No 2.  "War Department--No 17.435
Pension Office.
2nd  Oct'r  1820.

Sir
You are hereby informed that the schedule of your property has been examined: and the Secretary of War has directed your name to be contained on the Pension Roll
I am, respectfully
Your Obedient Servant
J.L. Edwards"

L.W. John Payne
Care of J.H. Davis Esqr.
Boston Masc'tts.  "

S
No. 3  These do certify that the bearer, W. John Payne son of John Payne, and Mrs Hester Van Cleaf, daughter of Cornelius Van Cleaf, Widow of the late Aaron Van der Bilt, have been lawfully married
Page 52

by me on thursday the 6th of Dec'r. 1821.
Witnefs my hand
Christian Bork
Pastor of the North West Reformed
Dutch Church of the City
of New York.

No 4.
To all whom it may concern.  These may Certify that on the thirteenth day of March, in the year of our Lord one thousand eight hundred and twenty five I, John E. Miller officiated as a Clergyman at the funeral of Mr. John payne a Lieutenant in the Army of the Revolution.
John E. Miller, Minister of the Reformed Dutch Church of Tompkinsville, Richmond Co. State of New York..
Tompkinsville   July 26th 1837
Page 53

New York  Sept. 13th. 1856.

Sir.

Enclosed herewith I transmit to you, that affidavit of Esther Paine, a pensioner on the roll of the New York Agency, regarding the illegal retention of her pension certificate--Should the same be found in due order, please address to my care at this city.

I am,
Very Respectfully,
Your Obedient Servant.
V. B. Livingston Jr.

Josiah Minot Esq.
Commissioner of Pensions.
Page 54

New York   February 14th / 54

Sir,

I beg to call your attention to the enclosed affidavit of Esther Paine (or Payne).  Should the same prove to be correct and in due form would you forward to her addressed to this city the necessary papers as the case requires.

Very respectfully
Your obdient Servant
VanBrugh Livingston Jr.

L P Waldo Esq.
Commissioner of Pensions.
Page 55

N.Y. City Pension Agency
February 25th  1854.

Sir,

In reference to your notification of the 16th Inst. instructing me to pay the amount due Esther Paine Widow of John to the 4th September last, I take this occasion to remark that she was last paid at this agency to said date.

I am, Sir,
very respectfully
your obedient servant
VanBrugh Livingston.

L.P. Waldo Esqr.
Commifsioner of Pensions
Washington City  D.C.
Page 56

New York   February 17th  54

Sir,

Your answer to my letter to you of the 14th Inst, inclosing the affidavit of Esther Paine, whose certificate had been illegally withheld, was received this morning.

In reply I beg to state, that it appears the said Esther Paine was paid [last 2 words underlined] up to the 4th of Sept. last, by attorney, [last 2 words underlined] she having signed a power to that effect, not knowing the nature of the same.  She has not, however, herself received any of the money thus obtained & has not been able to get possession of the certificate originally issued for her.

I regret exceedingly my not having ascertained these facts when I first wrote to you on the subject, as my so doing, has, I fear, led you to a wrong impression as to the date of her last payment.

I am
Very respectfully
Your most obd't Ser't
VanBrugh Livingston Jr.

L.P. Waldo, Esq.
&c  &c
Page 57

NY

Ester Paine  rev.

N  303.33
___________________________

Witheld cert.
write P. Agt.
to pay.

ans'd 27 Sept.  '52.
Page 58

New York  Sept'r 28d  1854.

Sir,

Enclosed herewith please find the affidavit of Esther Paine, whose pension certificate is illegally witheld.

Very respectfully,
Your obed't Servant
V.B. Livingston Jr.

L.P. Waldo Esq.
Page 59

Washington
11 April 1853

Sir,

Herewith I present to you the claim of Mrs. Esther Payne widow of John Payne dec'd. who a Lieutenant in the Army of the Revolution and a pensioner, under the Act of 1818 at the New York Agency until his death.--She claims a pension under the Act of the 3d Feb 1853 and an increase under the Act of 7 June 1832.

Yours respectfully
Francis A Dickins.

To the Commifsioner of Pensions.
Page 60

Washington City, D.C.
Friday, February 6, 1852.

Sir,

On Wednesday last, I went to the Pension Office, with a letter from Mr. James Bergen, a Lawyer, residing in New York & had an interview with the Chief Clerk (Mr. John Wilson).  I exhibited to him the letter of Mr. Bergen requesting me to examine the papers filed in that office in the case of the widow of a Revolutionary soldier, since deceased, named John Paine.  Mr. Wilson directed me to another clerk in the same office named Cole & stated that, if, upon the finding of the papers, it was ascertained that Mr. Bergen had acted as agent in the case, I should be allowed to inspect them.  After a long search, by a gentleman in the Pension Office, under the direction of Mr. Cole & Mr. Wilson, the papers were found.  It was, then proved to the entire satisfaction of Mr. Cole that the same Mr. Bergen, whose letter I exhibited, & to me directed, had acted as the agent in the case.  Upon my differing with Mr. Cole in a question of law, propounded to me by Mr. C. before allowing me to see the papers Mr. C refused to let me see them & Mr. Wilson through fear of Mr. C. or some other cause, did not
Page 61

carry out his previously exprefsed declarations & authority in the case.  I then addrefsed a letter to you asking permifsion to examine the same, or a reply from your setting forth the reasons for your refusal so to do.  The next day, (yesterday) I called upon you & asked an answer.  You said you had sent my letter to a clerk upstairs, in the room occupied by the Chief Clerk & authorized & requested me to go & ask him, to which the Clerk said letter had been referred.  The Clerk to whom you directed me, as I subsequently informed you alleged that no letter, written by me, had been sent to him on any or either of those days.  Upon my informing you of the statement made as aforesaid, you appealed to a lad in the room you occupied asking him if he had not taken the letter referred to to the Clerk you designated.  He answered, that he had taken many letters to different rooms on that day, but did not recollect taking any letter, written by me to the Clerk to whom you had referred.  You then asked me if I recollected the contents or purport of that letter.  I stated I did & upon my stating them to you, you stated that your recollection of it was as mine.  You then asked me to addrefs you another letter & promised that I should immediately have a reply.  I now in compliance with that request now addrefs you, asking permifsion to see the papers already
Page 62

on file in the Pension office in the case of the widow of John Paine, deceased, late of the Revolutionary War.  I make this request at the solicitation of Mr. James Bergen of New York, who, has heretofore, acted as the agent of this Poor Revolutionary Widow [last 2 words underlined].  The letter under the authority of which this request is made has already been exhibited to yourself as well as to Mefers. Wilson & Cole.

Respectfully, &c.
James J. Dickins.

To,
James E. Heath, Esqr.,
Commifsioner of Pensions,
Present.
Page 63

Washington City, D.C.
February 4, 1852.

Sir,

I ask of you the privilege of examining the papers in the case of the widow of John Paine, late of the Revolutionary War.  The authority and request is made from a letter to me from Mr. James Bergen of New York who acted and was recognised by the former Commifsioner of Pensions, and, who, at her request is still acting, on her behalf

If I am not allowed the permifsion of examining them I would respectfully ask you to give me the reasons therefor in writing:  and also to state on what conditions, I, or any other person can see and examine papers in your office without going to the expence of having Powers of Attorney

Very respectfully,
James J. Dickins.
Gent & Attorney in fact for the widow of John Paine.
Page 64

Revy  WIDOW, &c.

File No.  5472

Esther Paine
Wid.
John Paine
2d Lieut.  Rev:  War

Act:  Feby. 3" / 53

Index:---Vol. M,  Page 109

[Arrangement of 1870.]
Page 65

No. 883.

Esther Payne
wid of John.

New York
1853 June 6.  Let to F.S. Dickens

Act 3. Feb. 1853
Page 66

33.752

Rev War
Page 67

[stamp]
FREE
NEW-YORK
AUG
2


[left side of page torn off & missing]

P. Waldo. Esq.
missioner of Pensions
Washington. D.C.

[written vertically on right side of page]
197.65 [illegible]
Page 68

[left side of page]

Let. to Pension Agent   Feb. 16.  '54.
 "     " Van B Livingston Jr.  "   "      "
 "    "    Same                 Mar 11.     "
 "    "    Same                 Sept. 27    "
 "    "        "                    Mar. 27.   '55
 "    "    S. Heburn.        April 17,   '55
 "    "    Van B. Livingston. Aug't 4.  '55
 "    "    Same. P. agent,  Sept. 14.   '55
 "    "         "                       "     21   '55
 "    "          "                    April 23.   '56
 "    "    J.C. Devereux.         "     "       "
 "    "    P. agent.              Sept. 29.     "
 "    "    M. Thompson,     April 2.   '57

[right side of page]

647  [underlined]
New York City
===========================
Esther Paine
widow of John Paine
N.H.
who served in the Revolutionary
war, as a Serg't & 2d Lieut.
===========================
Inscribed on the Roll at the rate 
of 303 dollars 33 cents
per annum, to commence
on the 3d February, 1853.
===========================
Certificate of Pension issued
9th day of June 1853
and sent to
F.A. Dickens
Present
===========================
Recorded on Roll of Pensioners under act
February 3, 1853, Page 81   Vol. A
Page 69

IN CONGRESS.

The DELEGATES of the UNITED States ["Colonies" stricken out] of New-Hampfhire, Maffachufetts Bay, Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, the Counties of New-Caftle, Kent, and Suffex en Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, to John Payne Gentleman.

We repofing efpecial Truft and Confidence in your Patriotifm, Valour, Conduct and Fidelity, DO by thefe Prefents, Conftitute and appoint you to be second Lieutenant in a Regiment of Foot, whereof Seth Warner Esq'r is Colonel in the Army of the United States ["Colonies" stricken out] raifed for the defence of American Liberty, and for repelling every hoftile Invafion thereof.  You are therefore carefully and diligently to difcharge the Duty of second Lieutenant by doing and performing all Manner of Things thereunto belonging.  And we do ftrictly charge and require all Officers and Soldiers under your Command, to be obedient to your Orders as second Lieutenant.  And you are to obferve and follow fuch Orders and Directions from Time to Time, as you fhall receive from this or a future Congrefs of the United States ["Colonies" stricken out] or Committee of Congrefs, for that Purpofe appointed, or Commander in Chief for the Time being of the Army of the United States {"Colonies" stricken out] or any other your fuperior Officer, according to the Rules and Difcipline of War, in Purfuance of the Truft repofed in you.  This commiffion to continue in Force until revoked by this or a future Congrefs.  Dated the twentieth Day of October 1776.
By Order of the Congrefs
John Hancock  PRESIDENT,

Atteft.  Chas Thomsonpuy

[written in the left margin]
By Command of the Honorable Major--General Schuyler.
John Lansing  Ismt  Sec'y