Revolutionary War Pension and Bounty Land Warrant Application File S. 31. 589, Josias Burgess, Md.
Page 1

(3-1776)
SERVICE
NUMBER
Md.
Burgess, Josias or Josiah
S 31.589
CONTENTS
Page 2

Georgia 12.796
Josiah Burgess of Jasper in the State of Georgia who was a private in the company commanded by Captain Jones of the Reg.t commanded by Col. Grumley in the Maryland line for 2 years
Inscribed on the Roll of Georgia at the rate of 80 Dollars --- Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 2nd day of May '33 and sent M. Phillips Monticello C.H. [illegible].
Arrears to the 4th of March '33  - $160
Itemized allowance ending 4 Sept. - 40
$200
Revolutionary Claim,
Act June 7, 1832.
Recorded by Wm. Miller Clerk,
Book #. Vol 6. Page 86
Page 3

Josiah Burgess.
21772
Page 4

State of Georgia } 
Jasper County } On this twenty sixth day of 
October eighteen hundred and 
thirty two personally appeared in open Court 
before Lucius Q C Lamar Judge of the Superior 
Courts of the Oakmulgee District Josiah 
alias Josias Burgess a resident of said 
State and County aged seventy four years 
who being first duly sworn according to 
law doth on his oath make the following 
declaration in order to obtain the benefit of 
the provision made by the act of Congress 
passed June 7th 1832. that he enlisted 
in the army of the United States for three 
years in the year 1778 under Capt Jones. 
The following are the officers under whom 
he served Genl. Smallwood Col Gunby 
Lieut. Col Adams, Major Adams, Capt Jones
Lieut William Lamar [illegible]. that he belonged 
to the 7th regiment of the Maryland 
Line of which Col Gunby was com
manding officer, and that he served 
in said regiment in said army for the 
term of three years. that he resided at 
the time of his enlistment in the County 
of Montgomery and State of Maryland
Page 5

that during said term of three years 
he marched through Pennsylvania the 
State of New Jersey and was at the Battle 
of Monmouth, that he marched in differ
ent parts of New York and in his [illegible] 
he was taken prisoner by the British, and 
was fortunately released from his in
prisonment by a regular exchange & 
that he then returned to his regiment 
and after remaining some time in the 
north the army to which he was attached 
then marched towards the south, in various directions 
that he was in the battle of Gates defeat Campden 
South Carolina in which he received 
a slight wound. that he was in the 
battle at the Cowpens. That he was 
regularly discharged at Lynch Creek 
South Carolina on the 19th day of 
April 1781 which discharge is lost or destroyed. He hereby relinquishes every 
claim whatever to a pension or annuity 
except the present and declares that his 
name is not on the pension Roll of 
any agency of any State.
Sworn to & subscribed the day & year 
aforesaid in open Court | Josias Burgess
Wm. B. Stokes, Clk
Page 6

And the said Court hereby declares its 
opinion that the above named appli
cant was a Revolutionary soldier and 
served as he states.
Lucis Q C Lamar
J.S.C.O.C.

Georgia } I William B Stokes, Clerk of the Superior
Jasper County } Court of the County aforesaid, do hereby certify 
that the foregoing contains the original proceedings of the 
said Court in the matter of the application of Josias Burgess 
for a Pension.
In testimony whereof, I have hereunto set my 
[Blurred seal of office] hand and seal of office, this nineteenth day 
of December, 1832
William B. Stokes
Clk
Page 7

Josiah Burgess 
Georgia 
No. 21772

Send J J Brewer
Admit as private 
for 2 yrs $80

Mathew Phillips 
Jasper Co. Ga.
Monticello
Page 8

WAR DEPARTMENT,
Pension Office, 
183 

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has 
been examined, and the papers are herewith returned.  The following is a statement of 
your case in a tabular form.  On comparing these papers with the following rules, and 
the subjoined notes, you will readily perceive that objections exist, which must be removed, 
before a pension can be allowed.  The notes and the regulations will show what is 
necessary to be done.  Those points to which your attention is more particularly directed, 
you will find marked in the margin with a brace, (thus: } ).  You will, when 
you return your papers to this Department, send this printed letter with them; and 
you will, by complying with this request, greatly facilitate the investigation of your 
claim.
______________________________________________________________________________
A Statement, showing the Service of Josiah alias Josias Burgess
===================================================================
Period when the |
service was |
rendered. |
_______________ |
1778 enlisted |
Duration of the |
claimant's service. |
________________ |
Years. | Months. | Days. |
____________________ |
3 | [blank] | [blank] |
Rank of |
the |
claimant. |
________ |
Pri. |
Names and Rank |
of the Company |
officers under |
whom he served. |
_______________ |
Capt. Jones |
Names and Rank |
of the General |
and Field officers. |
_______________ |
Gen. |
Small |
wood |
Col. Grum |
ley Lt |
Col. Adams |
Maj. Adams |
Battles in which |
the applicant was |
engaged. |
_______________ |
Monmouth |
Campden |
Cowpens |
Country through |
which he marched. |
________________ |
through |
Pennsyl |
vania |
New Jersey |
different |
part of |
New York |
thence to | 
the South |
Place of abode |
when he entered |
the service, and age |
at the present |
period. |
__________________ |
74 years |
Montgo |
mery |
Co. Md. |
Evidence by 
which the decla
ration is sup
ported. 
_______________

I am, respectfully, 
Your obedient servant, 

J. L. EDWARDS,
Commissioner of Pensions.
Page 9

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extent, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops, " "militia," and "volunteers," all person enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels, are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will be the first instanced, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of [blank]
ss.
On this [blank[ day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country though which he marched. This form is to be varied as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank]
Sworn and subscribed the day and year aforesaid.
[And then will follow the  certificate of the Court.]
And the said Count do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier; and served as he states.
I [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank]
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank] day of  [blank] &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A.B., a Clergyman, residing in the [blank] and C.D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in the opinion.
Sworn and subscribed the day year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. [blank] who has signed the preceding certificate is a clergyman, resident in the [blank] and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this [blank] day of [blank] &c.
Every applicant will produce the best proof in his power. This is the original discharge of commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witnesses cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
Page 10

3

will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal 
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be at
tempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  
All applicants will appear before some Court of Record in the County in which they reside, and there 
subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account  
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State 
troops of Virginia.

1.  Where and in what year were you born?
2.  Have you any record of your age, and if so, where is it?
3.  Where were you living when called into service; where have you lived since the Revolutionary 
war, and where do you now live?
4.  How were you called into service; were you drafted, did you volunteer, or were you a substitute? 
And if a substitute, for whom?
5.  State the names of some of the Regular Officers, who were with the troops, where you served; such 
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it giv
{ en, and what has become of it?
{ To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what 
{ has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can tes
tify as to your character for veracity, and their belief of your services as a soldier in the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are 
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, 
without too much expense and inconvenience to him, two respectable persons--one of whom should be 
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from 
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed 
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. 
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the char 
acter and standing of other persons giving such certificates. 

The traditionary evidence of service is deemed very important, in the absence of any direct 
proof, except the declaration of the party. And the Courts are requested to be very particular in the 
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration be 
fore required, and submit to the examination, before a Judge or Justice of a Court of Record of the 
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to  
perform, and will also certify that the applicant, cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, 
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper 
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a 
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is 
his genuine signature.

No payments can be made on account of the services of any person, who may have died before 
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the 
declaration herein required is made, the parties interested will transmit such evidence as they can pro
cure, taken and authenticated before a Court of Record, showing the services of the deceased, the period 
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the 
opinion of the Court upon the whole matter.
____________
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will fol
low the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not 
conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom her served; otherwise a satisfactory examination of the 
claim cannot be had.  Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so 
definite as to enable the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the 
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c., A. B. who, being duly sworn, deposeth and saith, that, by reason 
of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his 
recollection, he served not less than the periods mentioned below, and in the following grades:--For ___ year ___ months, and ___
days, I served as a ___.  For ___ months and ___ days, I served as a ___; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law 
directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months, 
is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years 
in the militia, &c. without specifying the tours, the name of the officers, and other particulars respecting their service.  This form of a declaration is 
highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; 
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent au
thority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil 
pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required. 
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no pub
lic seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the 
papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which con
tains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must 
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.

[Braces ( { } ) appear around the following note]
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses 
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well 
as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the wit
nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
👉The notes from [a] to [i] are equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule in 
note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact. 
{ [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. }
Page 11

REVOLUTIONARY WAR RECORDS SECTION.  3-525

S 31589 DEPARTMENT OF THE INTERIOR, 
BUREAU OF PENSIONS, 
Washington, D. C., 3 - 25 , 1922

In reply to your request of , received 
for a statement of the military history of Josias Burgess 
a soldier of the REVOLUTIONARY WAR, you will find below the desired 
information as contained in his [struck out: (or his widow's)] application for pen
sion on file in this Bureau.
================================================================
DATES OF | OFFICERS UNDER WHOM SERVICE WAS RENDERED. |
ENLISTMENT OR | LENGTH OF |_____________________________ |
APPOINTMENT. | SERVICE. | RANK. | CAPTAIN. | COLONEL. | STATE. 
_______________ | __________ | _____ | ______ | _________ | _______
Apl 10, 1778 | 3 yrs. | Pvt. | Jones | Gunby | Md.

Battles engaged in, Monmouth, Camden, where wounded; Cowpens

Residence of soldier at enlistment, Montgomery Co. Md.

Date of application for pension, Oct. 26, 1832, al.

Residence at date of application, Jasper Co. Ga.

Age at date of application, 74 yrs.

Remarks: No fam. data

Respectfully,

Commissioner. 
6-2856
Page 12

[Two panels] 
[Left panel]

31589
INVALID.
Revy

File No. 31,589
Josiah Burgess 
Pri Rev War

Act: June 7" 32
Index:--Vol. 2, Page 98

[ Arrangement of 1870. ]

[Right panel]

1922 Mar. 25, hist to Miss Mame 
E. Wood - Ew
1925 Nov 30 Mrs. C. W. 
Outhwaite adv as to 
names of sold. wife & 
parents MCA
Page 13

Land Office, Annapolis, Apl. 20th 1833,

I certify, that it appears by the Muster rolls, remain
ing in this office, that Josias Burgess, enlisted as a 
private in Captain Jones's Company, of the 7th Maryland 
Regiment, for the term of three years, on the 20th of April 
1778; and on the 1st of November 1780, was present.
George G. Brewer
Regtr. Ld. Off. W. S. Md.
Page 14

LAND OFFICE, 
ANNAPOLIS, April 20th 1833,

I Certify, that it appears by a Depreciation Pay Roll, remaining in my Office, that 
Josias Burgess a private 7th Regt. of the 
Maryland Line, received ￡60"12"9 Depreciation 
Money, issued to the Maryland quota of troops on Continental Establishment on the 
24th day of July 1781.
George G. Brewer
Register Land Office, W. S. Md.

Memo- It is stated on one of the pay rolls, in the margin of remarks oppos
ite the name of Josiah Burgess, that he was discharged on the 19th of April 
1781.
George G. Brewer
Refer. Ld. Off. W. S. Md.
Page 15

Office of Mrs. C.W.Outhwaite
Organizing Regent D.A.R New Iberia La.

[Seal of the Daughters of the
American Revolution] New Iberia Oct 23-25

Department of the Interior,
Bureau of Pensions, 

I am seeking to know the name of the 
wife of Josiah Burgess granted a pension on May 24, 1833 to commence 
Mar 4, 1831 Died Mar 12, 1832, Certificate of Service Jasper County 
Georgia Revolutionary [words struck out] pensioners. Private Maryland 
Contiental Line.  All this information from research work of 
Miss Mamie E.Wood.  Further information

Georgia Revolutionary Pensioners.

Senate Dec. Pension Roll 1st Sessions 23d Congress
No 12 Duff Green 1835 P 45
Josiah Burgess Jasper Co p 45-437

Georgia Soldiers of the Line, from Original Papers 
Office of Secretary of State
Jos. Burgess p 377

I presume his widow received the pension after his death.  If so 
please let me have her name, and residence if possible.  Any other 
information will be gratefully received, as this is for the benefit of 
a chapter of the D.A.R being organized in my town, thanking you in 
advance.

Very respectfully, 

Mrs. CW Outhwaite 
Organizing Regent D.AR  New Iberia La.
[Circular mail receipt stamp]
PENSION
A 
OCT
U. 26 S.
1925
OFFICE

In that day, was father and 
mothers name of pensioner 
given.  If so let us have it 
please.
Page 16

MEMBER | FAMILY HISTORIES 
HISTORICAL SOCIETY OF PENNSYLVANIA | COMPILED AND PUBLISHED 
GENEALOGICAL SOCIETY OF PENNSYLVANIA | GENEALOGICAL AND HERALDIC RESEARCH 
FELLOW MEMBER | RECORDS  
SOCIETY OF GENEALOGISTS OF LONDON | SECURED FROM ABROAD

MISS MAME ELLISON WOOD 
GENEALOGIST 
1226 SPRUCE STREET | Record 
PHILADELPHIA  

February twenty-first 
1 9 2 2

Pension Office 
Revolutionary Department 
Washington, D.C.

Dear Sir:

Will you kindly send me a copy of 
the pension record of Josiah Burgess, a private 
in the Maryland Continental Line, who was placed 
on the pension roll for Jasper County, Georgia, 
May 24, 1833, and died March 12, 1834 (Report, 
Secretary of War 1834-1835, Georgia, page 46), 
and oblige

Yours very truly 

Mamie E Wood

[Circular mail receipt stamp]
PENSION 
O
U. FEB S. 
23
1922
OFFICE

[illegible stamp]
Page 17

M.C.S.
[illegible initials]

Rev. & 1812 Wars Section 

November 30, 1925

Mrs C. W. Outhwaite
New Iberia
La.

Madam:

I have to advise you that in the papers in the Revolutionary 
War pension claim of Josias or Josiah Burgess, S. 31589, the names 
of his wife and parents are not on record, and it does not appear 
that any one applied for pension as his widow.

Respectfully, 

WINFIELD SCOTT
Commissioner