Revolutionary War Pension and Bounty Land Warrant Application File W. 19257, James Ferguson, New York
Page 1

(8-1776)

SERVICE
New York

Ferguson, James
Betsey

NUMBER
W. 19257

CONTENTS
Page 2

304
New York. Albany
Betsy Ferguson and
widow of James Ferguson
N.Y. who served in the Revolutionary war, as a private Incd [increased] from $80
 Inscribed on the Roll at the rate of 96 dollars [10?] Cents per annum, to commence on the  [4th day of March - crossed out] 7 of July, 1848
Certificate of Pension issued the 27 day of March 1837 and sent to H Hubbard Norwich N.Y.
Endg April 1, 1849
Recorded on Roll of Pensioners under act February 2, 1848, page 70 Vol. 4
Page 3

10,649 R
New York
James Ferguson of Laurence, Otsego Co. in the state of New York who was a private in the Regiment commanded by Colonel Van Schaick of the New York line, for the term of 3 years
Inscribed on the Roll of New York at the rate of Eight dollars a month, to commence on the 10th day of October 1818
Certificate of pension issued the 15th of May 1818 and sent to Morse and Stewart, Agents Cherry Valley, Otsego Co. N. York
Arrears to 4th of March 1819 38:70 4 mo & 26/31
Semi-anl. all'ce ending 4 Sept 1819 48:
$86:70
(Revolutionary claim, Act 18th March, 1818)
Note- Sent to Hon. L Page [Decr?] 13th 1834
Page 4

State of New York
Otsego County :
On this 5th day of November 1850 before me the subscriber a Justice of the peace in and for said County. Personally appeared Ezra White, who being by me duly sworn according to law, deposes and says that he is the administrator of Betsy Ferguson, widow of James Ferguson, who was a Revolutionary Pensioner of the United States. that at the time of her death, she was on the Roll of the Albany Agency at the rate of $80. per annum, that she died on or about the 1st day of April, 1849 ----------- leaving the following surviving children viz: Olive Jinks and Polly Cole.
The object of this declaration is to assert a claim to an increase of pension to which it is beloved that the said Betsy Fergurson was entitled at the time of her death. Ezra White
Subscribed & sworn to before me this 5th day of November 1850
Samuel J. Cooke Justice of the Peace
Page 5

State of New-York
CLERK'S OFFICE
OTSEGO COUNTY

I, SAMUEL NORTH, Clerk of said County, do hereby certify, that Samuel J. Cooke Esquire, was, on the 5th day of Nov, 1850 a Justice of the Peace in and for the said County of Otsego, duly authorized to act as such, and that I am well acquainted with the hand writing of said Justice, and that his signature to the annexed instrument is genuine. 

In Testimony Whereof, I have hereunto set my hand and official seal of the said County, at Cooperstown, this 7 day of Nov 1850

Samuel North[signature] CLERK.
Page 6

State of New York
Otsego County Ss:
James Ferguson of the Town of Laurens in the County of Otsego and State of New York aged 58 years, being duly sworn says that in the month of Feb. in the year 1777 he enlisted into Capt. Robert McKean's Company in Col. Van Schaick's Regiment of N. York troops for the term of three years that he continued to serve in said Regiment until the said term of three years expired. and was regularly discharged at Fort Stanwick in the month of Feb. in the year 1780 out of Charles Parsons company & out of the Regiment  aforesaid and he further says that he is in reduced circumstances and needs the assistance of his country, and further he saith not.
[Signed] James Ferguson
Sworn & Subscribed October 10th day 1818
Before me James S Campbell one of the judges of Otsego County New York
Page 7

Declaration of Betsey Ferguson Widow of James Ferguson [Underlined]
State of New York Otsego County Ss : on this twenty first day of August in the year of our Lord one thousand eight hundred and forty four personally appeared before me Joseph W. Paddock Supreme Court Commissioner for the said County of Otsego, appointed to discharge the duties of a Justice of the Supreme Court of the State of New York and of a Judge of the Court of Commerce of the said County of Otsego, at  Chambers. Betsey Ferguson a resident of the town of Oneonta in the said County of Otsego aged seventy years, who being first duly sworn according to law doth make the following declaration in order to obtain the provisions made by the act of Congress passed July 7th 1838. entitled "An act granting half pay and pensions to certain widows" and the subsequent acts of Congress in relation thereto. That she is the widow of James Ferguson who was a private soldier in the Revolutionary War in a company of infantry commanded by Captain McKean at first and afterwards by Captain Parsons that he enlisted and served three years in new company which belonged to a Regiment Commanded by Colonel Van Schaick and the Lieutenant Colonels name was Cornelius Van Dike and  the majors name was Greams, that he enlisted in the month of February 1777 and was discharged regularly in February 1780 under the signature of Lieutenant Colonel Van Dike and Major Greams, that he was at the taking of what was called the Onondaga Castle in 1779. and previous to that was in the Monmouth battle in New Jersey, that his discharge was lost a long time ago and that she the above named applicant has no documentary evidence of the service of the said James Ferguson in support of her claim but believes it to be as above stated, that he did apply to the pension office and did obtain a pension before his death and that he done twice or more in his life time and she further declares that she was married to the said James Ferguson the month of October (the day not recollected) in the year of our Lord on thousand eight hundred and ninety one by an Elder in
Page 8

in the Close Communion Baptist Church by the name of Freeborn Josslin that her husband the aforesaid James Ferguson Died on the twenty fourth day of October in the year of our Lord one thousand Eight hundred and twenty nine; that she was not married to him prior to his leaving the army or service, but the marriage took place previous to the first day of January seventeen hundred and ninety four viz at the time above stated, that she has not been married to any person since his death but well remains his widow, that she does not think or believe that any record was ever made of her marriage with the said James Ferguson except in the family bible belonging to the said James Ferguson in which was entered the date of the marriage of her the said applicant with the said James Ferguson and the births of the two children, but that the said James previous to his death became deranged and that in his derangement he carried off the said bible and lost it as she thinks was the reason and afterwards that she never knew of any other record of said marriage to have been made that the country was new and but few records of any kind were kept, that no certificate of the marriage was given to her or her husband as she recollects
And she further upon her oath says that she is not able to go to a court of Record to make her declaration, the nearest of which is twenty five miles from her place of residence, by reason of bodily infirmity, and she is therefore prevented from appearing before the Court of Record in the County of Otsego such bodily infirmity
[Signed] her
Betsey X Ferguson
mark
Sworn to and subscribed by her mark on the day and year above written
before me
[Signed] J. W. Paddock
Sup. Court Commissioner
I hereby certify that Betsey Ferguson the above named applicant cannot, in my opinion, from bodily infirmity attend any of the Courts of record in the County of Otsego, the County not where all the courts
Page 9

of record are held being not far from twenty five miles from her place of residence. Given under my hand at Oneonta this twenty first day of August in the year of our Lord 1844.
[Signed] J. W. Paddock
Sup. Court Commissioner
Page 10

State of New York Otsego County:  Thomas Ferguson of the town of Oneonta in said county of the age of seventy three years being first duly  sworn according to law deposeth and  saith that he is a younger brother of James Ferguson who was a  private soldier in the army of the revolutionary war he thinks under  two or three engagements that he the James Ferguson after  having served under Captain McKeen, deponent thinks it was Robert McKeen for about nine months he then enlisted in the regular army in the Company of Infantry commanded by Captain McKeen above mentioned for three years that the company into which he enlisted belonged to a Regiment Commanded by Colonel Van Schaick thinking his Christian name was Gosky* or something like it and the Lieutenant Colonel name was Cornelius Van Dike and the Majors name was Greams that he enlisted into said Company he thinks in the month of February 1777 and was regularly discharged from said three year enlistment after having faithfully served out his term in the month of February 1780 that he the deponent has often [illegible] the said James Ferguson discharge from his three year enlistment which was dated as above in February 1780 but the day of the month he cannot recalled which said discharge was signed by Lieutenant Colonel Cornelius Van Dike and Major Greams and that the discharge was dated at Fort Schuyler and that he was discharged as a private in the Company of Captain Parsons that he was in the engagement or attack and taking of the Onondaga Castle in the month of April 1779 when thirty six squaws and young indians are taken prisoners that he was in the engagement called the Monmouth battle in New Jersey that the discharge above mentioned  was lost long before the death of the said James and he died on the twenty ninth day October eighteen hundred and twenty [nine?] that the regiment in which he served this deponent thinks was called the first regiment of New York line

[* Goose Van Schaick]
Page 11

and this deponent further says that the said James Ferguson was lawfully married to Betsey Myers the person whose declaration is hereunto annexed and who is the applicant for a pension in the month of October in the year seventeen hundred and ninety one by a Close Communion Baptist minister or Elder by the name of Freeborn Josslin who resided and preached in what is now called the town of Oneonta, that he recollects the year well as it was the same year that he was married to his present wife, that he this deponent was married to his present wife in the month of April 1791 and his brother James was married in the month of October of the same year and that he this deponent and Mary his wife were present on the occasion and heard and saw the marriage ceremony performed, that he never knew of any word of the marriage being [?] any where and thinks there never was any made as Elder Josslin had no pastoral charge at that town but the church was in the pastoral charge of Elder Northrup at that time & long afterwards, that James had two children by Betsey his wife the present applicant for a pension both daughters the eldest named Mary and the youngest Olive that they are both still living and married one to a man by the name of Isador Cole and the other to Jeremiah Jinks, who is now dead and this deponent further says that Betsey Ferguson the applicant still remains the widow of the said James Ferguson not having been married again since his death, and the deponent further says that he has understood and verily believes that his brother the said James Ferguson applied for and obtained a pension some time previous to his death, that he proved his service by a Sergeant of the company in which he served by the name of Peter Gasper, that he drew his pension twice or more before his death and further this deponent saith not.
[Signed] Thomas Ferguson
Page 12

I hereby certify that on this twenty first day of August in the year 1844 personally appeared before me the above named Thomas Ferguson to me known to be a credible witness and a person of known respectability and subscribed his name and swore to the foregoing affidavit [Signed] J.W. Paddock
Sup Court Commr.

State of New York Otsego County Ss: Mary Ferguson wife of Thomas Ferguson of the town of Oneonta in said County of the age of seventy three years being duly sworn according to law deposeth and saith that she was present at the marriage of James Ferguson to Betsey Myers in the month of October in the year of our Lord [nineteen? - error?] hundred and ninety one, it being the fall after her marriage to Thomas Ferguson her present husband, that they the said James and Betsey were married by an Elder Freeborn Josslin, that they have had two children as the fruits of said marriage both of whom are still living that she knows the said James Ferguson died on the twenty ninth day of October in the year of our Lord one thousand eight hundred and thirty nine and that Betsey Ferguson whose declaration is hereunto annexed is his widow and that she has not been married since his death that the marriage aforesaid of the said James Ferguson to Betsey Myers now Betsey Ferguson the present applicant took place at my house as she the said Betsey lived with us, with Thomas Ferguson my husband and me at the time at the town of Laurens in the County of Otsego, and that the said James Ferguson was reputed to have been a revolutionary soldier and that he was the brother of Thomas Ferguson my husband whose affidavit is hereunto annexed and further saith not.
[Signed] her
Mary X Ferguson
mark

I hereby certify that on the twenty first day of August
Page 13

in the year of our Lord one thousand Eight hundred and forty four personally appeared before me the above named Mary Ferguson to me known to be a credible witness and a person of known respectability and subscribed her name
by affixing her mark and whereby offered to the foregoing affidavit
J.W. Paddock
Sup Court Commissioner
Page 14

in the year of our Lord one thousand Eight hundred and forty four personally appeared before me the above named
Mary Ferguson to me known to be a credible witness and
a person of known respectability and entered the same by affixing his mark and solemnly offered to the fore said affidavit.
J.W. Paddock
Sup Court Commissioner
Page 15

11,322
Betsy Ferguson
Widow of James
NY
Act 7 July 1838

Admd
2 yrs pri.
$80

Also Acts 3 March 43 & 17 June 44

J. W. Paddock
Oneonta
Otsego Co
N.Y.
Page 16

State of New York Otsego County Ss. Joseph W. Paddock of the town of Oneonta in said County of Otsego of the age of fifty six years being first duly sworn according to said deponeth and saith that he has diligently examined and searched the town & parish records of the town of Oneonta the town in which the said Freeborn Josslin in the affidavit of Thomas Ferguson and Mary Ferguson hereunto annexed mentioned is said, by said affidavits, to have resided at the time he officiated in the marriage of James Ferguson and Betsy Myers, now Betsey Ferguson, whose declaration is hereunto annexed. Also the Church records of the Close Communion Baptist Church in the town of Oneonta, to which denomination the said Freeborn Josslin is said by said affidavits to have belonged, it being the only close communion baptist Church of the town of Oneonta or that ever has been in said town, and also the county records of the County Otsego the County in which the said town of Oneonta is situated and that they afford no proof as to the period when the said Marriage took place and this deponent further saith that he on examination and inquiry the family records of the late James Ferguson and Betsey Ferguson his widow afford no proof of the period when the said Marriage took place and this deponent further saith that he has good reason to believe from such examination as aforesaid that no record was ever made of the said marriage of James Ferguson and Betsey Myers now Betsey Ferguson either in the town parish County or church records of said town or parish of Oneonta County of Otsego or Baptist Church and this deponent also saith that he has also examined the County records of said County of Otsego and that they afford no proof as to the period when the said marriage took place, and further this deponent saith not
[Signed] Joseph W. Paddock
Sworn before me this 11th day of September 1844
[Signed] Geo B. Wilson Clerk
Otsego County
Page 17

9.298.
New York, Albany
Betsey Ferguson widow of James Ferguson who was a pensioner under the Act of 1818, and who died on the 29 October 1829, of Otsego in the State of New York who was a private in the Company commanded by Captain Parsons of the
Reg. commanded by Col. Van Shaick in the New York line for 2 years

Inscribed on the Roll of Albany at the rate of 80. Dollars ~~~ Cents per annum, to commence on the 4th day of March, 1836.

Certificate of Pension issued the 12th day of May 1845 and sent to J. W. Paddock Oneonta, Otsego Co. N.Y.

Total amount, $

(Act July 7, 1838.)
Recorded by F. S. Evans clerk, Book D. Vol. 1 Page 157.
Page 18

Rev
WIDOW, &c.

File No. 19257
Betsey Ferguson
Wid' of James Ferguson
Priv Rev War

Act: Feb 2nd '/48
Index:-Vol. A, Page 234

(Arrangement of 1870.)
Page 19

[left hand column]

Ref.
D. Certificates
Acts 7th July 1838
Acts March 3d 1843
& 17 July 1844

[right hand column]
h.889
New York Albany
Betsy Ferguson
widow of James Ferguson
who was a private
in the Revolution

Inscribed on the Roll at the rate of
80 Dollars
Cents per annum, to commence on the 4th day of March, 1843.

Certificate of Pension issued the 12th day of May 1845
and sent to J. W. Paddock Esq
Oneonta
Otsego County
NY

[Act of March 3, 1843.]
Recorded in Book A. 2  & 17 June 1844,
Vol1. A Page 75.
Page 20

Reported
504,
New York Albany.
Betsey Ferguson
widow of James Ferguson
who served in the Revolutionary war
, as a private
Inscribed on the Roll at the rate of
80 Dollars
Cents per annum, to commence on
the 4th day of March, 1848.
Certificate of Pension issued the
27 day of June 1848
and sent to
L. Jenkins
Albany
NY
Recorded on Roll of Pensioners under act
February 2, 1848, Page 69
Vol. 4
Page 21

Admitted
L. Jenkins
Albany
N.Y.
Page 22

State of New-York,
County of Otsego SS.
On this Eighth day of June in the year one thousand eight hundred and forty-eight personally appeared before the subscriber, a Justice of the Peace in and for the county of Otsego in the State of New York, Betsey Ferguson a resident of the town of Oneonta in the said county of Otsego aged seventy five years, who being first duly sworn, according to law, doth, on her oath, make the following Declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the Revolutionary War:
That she is the widow of James Ferguson, who was a private in the Army of the Revolution, and on account of whose service she was pensioner under the Acts of 7th July 1838, 3 March 1843 & 17 June 1844 - and the annual amount of the pension which she believes under the Act of 17 June 1844, was Eighty Dollars- she further declares that she is still a widow -and that owing to age & infirmity she cannot wright her name
[Signed] her
Betsey X Ferguson
mark
Sworn to & Subscribed on the day & year above written, before me
[Signed] Elisha Shepherd Jr Justice of the Peace
In presence of a witness
[Signed] Turner McCall
I certify that the above Declarant is personally known to me [Signed] Elisha Shepherd Jr. Justice of the Peace.

State of New-York,
County of Otsego SS.
I, Chas. McLean Clerk of the said county, do hereby certify that Elisha Shepherd was on the day of the date of the above Declaration and Certificate a Justice of the peace in and for the said county, duly appointed and sworn, and that the signatures to the Jurat of the above Declaration and to the above Certificate, purporting to be his, are genuine.
In Testimony whereof, I have hereto subscribed my name and affixed the seal of the said county, this 14 day of June 1848.
[Signed] Chas McLean Clerk
Page 23

Marked B
Page 24

Pension Office 
April 4, 1845 

Sir, 
The additional evidence in the case of Betsy Ferguson is not satisfactory to show with certainty the date of her marriage with James Ferguson. None of the witnesses appear to have a sufficient knowledge of this marriage to state positively the particular date of its consummation. Nor do they show by any associated event in their own history how they are so enabled to swear that it took place prior to January 1794
 This marriage approaches so near the limitation of the act of 1838 that the claim will not be admitted unless the date thereof be clearly and satisfactorily proven. A record kept by some branch of the family or the register of the church in which the children were baptized may furnish the requisite proof. 
Very Respectfully 
Your Ob't Sev't
[Signed] J L Edwards

J. W. Paddock Esq. 
Oneonta
Otsego County 
N. Y.
Page 25

Albany June 19. 1848.

James L. Edwards Esquire
Commissioner of Pensions

Sir,
I enclose the declaration of Mrs. Betsey Ferguson, for the purpose of obtaining
her pension Certificate under Act 2 Feby. 1848.
Very respectfully
Your obd't Servt.
[Signed] Lemuel Jenkins
Page 26

Pension Office,
May 3. 1845
Commiss'r of Pensions
Report in the case of Betsey Ferguson an applicant for a pension under the act of July 7. 1838.
I am satisfied that the proof of marriage before 1794, is sufficient I think a pension in this case should be allowed 8 May '45.
[Signed] W.L. Marcy
Page 27

Pension Office 
May 3rd 1845

Sir, 
I have the honor to return you the appeal of Betsey Ferguson, and  to transmit her papers five in number, for that personal examination of  them which she invokes of your hands. 

You will perceive that the only difficulty consists in the insufficiency of the parol proof to establish the date of the marriage before January 1794, with the required certainty. That proof consisting of the depositions of two of the family and of two others (whose depositions are drawn up and whose credibility is certified by the Attorney in the case) has not been deemed satisfactory of a fact which is so universally susceptible of better evidence. The relationship of husband and wife at a designated date may be proved by registers of a family and its branches, showing the ages of children, by a letter, deed, or other document of that date, or upon failure to obtain that grade of proof by the testimony of respectable and disinterested witnesses who by comparison of their own ages, with that of claimant children, or by any other associated event in their own lives are enabled to show
Page 28

that they can swear to dates with positive certainty. Opinion and belief, unsupported by satisfactory data, as to the particular date of a common occurrence transpiring more than half a century ago, cannot be safely relied upon in a case where the error of two or three years is decisive of the question of claim or no claim.
I have the honor to be,
Very respectfully, Sir, 
Your Obedient servant.
[Signed] J. L. Edwards

Hon. W. L. Marcy 
Secretary of War.
Page 29

J W Paddock.
Memorial & appeal
of
Betty Ferguson
Widow &c
2
[illegible]
P 248. See Apl 29. '45,
Pension Office
April 29. 1845.
Page 30

To the Honorable William L Marcy Secretary of State &c
The memorial of Betsey Ferguson of the town of Oneonta in the County of Otsego and State of New York the widow of James Ferguson deceased a Revolutionary soldier hereby sheweth
That some time in the month of September in the year 1844 according to your memorialist best recollection, she forwarded to J. L. Edwards Esquire Commissioner of Pensions, her declaration made and executed in due form, in order to obtain the benefit of the act of Congress of the 7th of July 1838 Entitled "an act granting half pay and pensions to certain widows," and the subsequent enactments of Congress in relation thereby reference to the said declaration now remaining in the pension office in the City of Washington will more fully & at large appear, and to which your Honor is respectfully referred. Which said "declaration" of your memorialist was accompanied by several affidavits signed and sworn to in due form of law, which said applicant above name in the pension office aforesaid, and to which your Honor is also referred. That some time in the month of December 1844, your memorialist through her agent Joseph W. Paddock of Oneonta in the County aforesaid, named from J. L. Edwards Esqr Commissioner aforesaid, the Enclosed communication marked A by which your memorialist has reason to fear and believe that the said commissioner has departed from the Rules prescribed by the President of the United States dated the 17th of July 1838 in reference to the proof of the marriage of your memorialist with the said James Ferguson deceased previous to the first day of January 1794, which said Rules prescribe that "In case when the town, County, parish, Church, or family records afford no proof as to the period where the marriage took place that fact must be established by the testimony of one or more reputable person, whose credibility must be certified by the officer who may administer the oath." And your memorialist here [say?] that she did prove that the said marriage took place before the first day of January 1794 by the posative [positive] testimony of two reputable persons whose credibility
Page 31

were duly certified by the officer who took and administered to them the oaths, to wit Thomas Ferguson of the town of Oneonta & County of Otsego aforesaid and Mary Ferguson of the same place wife of the said Thomas Ferguson. And your memorialist would further respond that one of the affidavits was made by her agent J.W. Paddock of Oneonta aforesaid setting forth that he had made diligent search and that no town, County, parish, or church record could be found of said marriage, and that she your memorialist did set forth in her declaration  that the family record in the family bible belonging to said James Ferguson was by him lost or destroyed in a fit of insanity some time before his decease.
And your memorialist would further respond that in order to satisfy the said J.L. Edwards Commission &c as to the time when the said marriage took place, your memorialist in the month of February 1845 forwarded to the said J. L. Edwards three additional affidavits sworn to and certified in due form, which are remaining in the Pension office aforesaid, to which your Honor is also referred. By which former and latter affidavits your memorialist insists that she has made out as strong proof as is possible in any case by witnesses two posative eye witnesses of the marriage and there others living in the same vicinity at the time who testify to the marriage having taken place before 1794, as reported believed and understood from that time to the present. But notwithstanding the additional testimony your memorialists record through her agent aforesaid from J L Edwards Esq Commissioner &c the enclosed communication marked B persisting that the proof of the marriage was not sufficient on grounds that to your memorialist seem unreasonable [illegible] documentary evidence which has been proved not to exist, or the register of the baptism of the children when they were baptized in infancy, that being contrary to the faith and [illegible]   of the church to which the Clergyman belonged who performed the  marriage ceremony and the only church there is that region of County.
Page 32

Your memorialist therefore appeals from the decision of the said J.L. Edwards Esq Commission &c to your Honor, praying, hoping, and believing that your Honor will decide the case in conformity to the rules presented by the President, as before mentioned and will deem the testimony of two eye witnesses abundantly sufficient to entitle your memorialist to her pension under the said act of Congress, and your memorialist as in duly bound.
Will ever pray &c
Dated April 25 1845
Betsy Ferguson by her agent [Signed] J.W. Paddock
Please send the answer hereto to J.W. Paddock
Oneonta
County of Oswego
N. Y.
Page 33

State of New York Otsego County Clerks
office Ss: I George B. William Clerk of
the County of Otsego do hereby certify that
Joseph W. Paddock before whom the declaration of Betsy Ferguson widow of James Ferguson, hereunto annexed, was made, and before whom the affidavits of Thomas Ferguson and Mary Ferguson were taken & sworn
hereunto annexed, was at the time they bear date a Supreme Court Commissioner for the County of Otsego authorized and informed by the laws of the State of New York to discharge the duty of a Justice of the superior Court of the State of New York, and a Judge of the Otsego County Courts at Chambers, and that I am acquainted with his hand writing and that his name subscribed to the [?] jurats and certificates to the papers hereunto annexed is in each and every instance his hand writing and signature
[seal]
In Testimony whereof I have hereunto set
my hand & official seal this Eleventh day
of September A D 1844
George B. Wilson Clerk
Page 34

[sideways]
Feb. 15. 1845
Addl tes [additional testimony] case of
Betsy Ferguson

[stamped] FREE
J. L. Edwards Esq.
Commissioner of Pensions
City of Washington
D. C.
Page 35

Dear Sir
 Enclosed I send you three additional affidavits in the Case of the application of Betsey Ferguson widow of James Ferguson deceased a Revolutionary Soldier which I think must be satisfactory as to her Marriage with the said James Ferguson pensioner to the first day of January 1794. - It is I hope the question will be settled in time for her to draw next April as soon as the ^ question of her right to a pension shall be settled I hope you will have the goodness to drop me a line informing how much she will be entitled to draw [this?] year, and for how many years and where to be drawn &c  Send as before to the post office in the town of Oneonta in Otsego County N.Y. & oblige
 Yours Respectfully &c
 J.W. Paddock

J.L. Edwards Esqr
Page 36

In the matter
of
Betsey Furguson widow
of James Ferguson for
a Pension
Page 37

State of New York
County of Otsego ⎬ 
On the Eighth day of February in the
year of our Lord 1845, personally appeared before me the undersigned
Supreme Court Commissioner of the State of New York Robert Cooke of the town of Oneonta in said County aged seventy four
years who by full duly sworn by me according to law doth depose and say that he came to the place where he now resides
in the year of our lord one thousand one hundred & ninety and
has resided here ever since, that he knew the Ferguson family &
the Myers family in the year nineteen hundred and ninety and has
known them ever since, that he was present and was Thomas Ferguson and Polly Myers married by Judge Cooper the father of
James F. Cooper the novelist, at and on an [illegible] day in the
Spring of 1791 or 1792 the deposed cannot be positive which, and that he was informed and verily believes James Ferguson the brother of Thomas was married to Betsy Myers the point after
and for a pension within one year from the time that Thomas & Polly were married, and this deposed thinks & believes
it was before the year 1793. that this deposed was not at the wedding of James and Betsy again but he knows that as early as the fore part of the year 1793. they lived together as
husband and wife about there with from the under of this deposed, that he has often been at their house in the year 1793
and know them to live together as man and wife, and as they have
been together but a short time before the death of
Page 38

said James Ferguson when he became deranged and at home and this deponent further saith that it was a
common share and informally believed by the people in this
region that the said James Ferguson was duly and fully married to Betsy Myers before the year 1793 and further this deponent saith not
Robert Cooke
Subscribed and sworn
before me the day and
first above written

J.W. Paddock
Sub. Court Commissioner
I hereby certify that the above named Robert Cooke is a man of good character and of unquestionable credibility as a witness
and that he is of sound mind and memory. Given under my hand at Oneonta Febry 6th 1845.
J.W. Paddock
Sub Court Commissioner
Page 39

State of New York
Otsego County On this Eighth day of February 1845 personally appeared before me the undersigned a superior hand
Commissioner of the State of New York Stoughton Alger of
the town of Oneonta in said County aged sixty one years who shall find by me duly sworn according to law deposeth and
with that he with his father came into the County of Otsego as it now is called, but then [illegible] County, and into what
is now called the town of Oneonta, but then the town of Unadilla, which embraced what is now Oneonta, Laurens, and Unadilla, & that he was acquainted with the Ferguson family
and the Myers family as early as the year of our Lord 1790. that the population there was very sparse and considered each other
neighbors at a considerable distance, that his father with whom he resided was about six miles from the Ferguson and
about ten miles from the Myers family, that his father was a blacksmith and did the work for the two families and others
at a distance, which made him this deponent better acquainted with the people than he otherwise would have been, that
his this deponent later worked at Robert Cook whose land was on the two families that his father did that the said sister
was eight years older than this deponent, that some time between the years seventeen hundred and ninety one and seventeen 
hundred and ninety three this deponent heard his said sister and others of his fathers family speak of the marriage of James
Ferguson to Betsy Myers the present applicant for a pension & that it was so talked and understood in the neighborhood that
they were lawfully married at that time, and this deponent further notes that he has been acquainted with the said James
Ferguson and Betsy his wife to nine that time until that time when the said
James became deranged and left his family, and that they after stand together as husband and were considered by all who knew them and awarded to this day as have been lawfully married at that time and further this
deponent saith not
Subscribed and sworn before
Stoughton Alger
JW Paddock Commissioner
Page 40

I hereby certify that the above named Stoughton Alger is a man of good moral character and of unquestionable and ability as a witness and that he is of sound mind and memory
Given under my hand at Oneonta this eighth day of February
in the year of our Lord 1845.
JW. Paddock
Sup. Court Commission
Page 41

State of New York
County of Otsego
On this fifth day of February in the year
of our Lord 1845, personally appeared before me the undersigned a Supreme Court Commissioner of the Supreme Court of the State of New York Oliver Myers a resident of Laurens in the County of Otsego aged sixty six
years who being first duly sworn according to law doth depose and say that he came into the
town of Laurens aforesaid fifty four years ago last spring, that he was then twelve years old, that he well recollects that James Ferguson was married to Betsy Myers two years
from the next fall after he came into the town of Laurens to live, which would be in the fall of 1792. as this deponent verily believes, that this deponent was not present at the wedding, but that they were reported to have been married
and all the neighbors so believed and accepted them and this deponent further with that he knows that they lived together as man and wife from that time until the said James Ferguson became deranged and left home,
and that they had two children as the fruits of their marriage relations, to wit, two daughters, one Polly and the other Olive, and that they be both reached to womanhood by the said James and Betsy his wife before the said
James left home as aforementioned, and that they should as heirs at law the estate of the said James Ferguson at his decease, and further this deponent saith not
subscribed & sworn before
the day and year first
above written
Oliver Myers
JW. Paddock
-
Superior Court Commissioner
I hereby certify that the above named Oliver Myers is a man of good character, except that he continues indulging in the war of
intoxicating drinks to excess, but he is notwithstanding considered to be
a man of unquestionable credibility, when there, and certify that he
was faithfully when the above affidavit was taken before me Given under my hand this fifth day of February 1845 JW Paddock
Supreme Court Commissioner
Page 42

State of New York
Otsego County
Clerk's Office
I George B Wilson
Clerk of said County
do hereby certify that J W Paddock Esqr.
before whom the within affidavits and
certificate purport to have been taken was on
the date of the same a Supreme Court Commissioner in and for the said County of Otsego duly appointed and qualified to make the same. That his term of
office commenced on the 28" day of January
1845, and that it will expire on the 28th day
of January 1847. And I further certify that
I am well acquainted with the hand writing
of said Commissioner and verily believe the within Signatures of his to be genuine
In testimony whereof I have hereunto set
my hand and affixed the seal of said
County this 11th day of February AD 1845
Geo B Wilson Clerk
Page 43

Betsey Ferguson  decd

Incd [increased]to $96. [dedg] $80 per an
Comg [commencing] 1 July 1848 & endy [ending] 1 April 1849 payable to
Ezra White
Administrator for the benefit of
 Olive Jinks &
 Polly Cole, only surviving children

Alby [Albany] Roll

H. Hubbard
Norwich, N.Y.
Page 44

State of New York
Otsego County
Turner McCall being duly sworn deposes and says that he assisted Betsy Ferguson in obtaining her pension some
of the time while she was living, that she
had a pension certificate from the war
department & that said certificate was left
and deposited with him, and that
it has either been mislaid or lost and
that this deponent has made diligent
search for the same, but is not able
to find it and further this deponent saith
not
subscribed and sworn
before me this 6th day of
Nov. 1850
Samuel J. Cook Justice of the Peace
Page 45

State of New-York  }
CLERK'S OFFICE,     }
OTSEGO COUNTY.  }

I, SAMUEL NORTH, Clerk of said County, do hereby certify that
Samuel J. Cooke Esquire, was on the 6th
day of Nov, 1850 a Justice of the Peace in and for the said County
of Otsego, duly authorized to act as such, and that I am well acquainted with the hand
writing of the said Justice, and that his signature to the annexed instrument is genuine.

In Testimony Whereof, I have hereunto set my hand and official seal of the
said County, at Cooperstown, this 7 day of Nov 1850

Samuel North CLERK
Page 46

11322
Betsey Ferguson
NY
Letter to J. W. Paddock. Nov 24 1844
Letter to Same April 4 1845
Letter to Sec War May 3 1845
Act 7 July 1838
Page 47

11,322
Spt 17'44

NY
July 7 1838
Betsey Ferguson

[on side]
J.L. Edwards Esquire
 Commissioner of Pensions
 City of Washington, D.C.
Page 48

Dr Sir
 Enclosed I send you the declaration of Betsey Ferguson widow of James Ferguson deceased a private in army of the Revolution also the affidavits of Thomas & Mary Ferguson together with my own affidavit of [uraith?] of records in the Clerk of Otsego County. Co, compleat     under the seal of his office. It is uppon that the testimony of two [?] witnesses to the fact of her Marriage to James Ferguson with a certificate of the credibility, when  a search of the records they afford no proof as to the  period when the marriage took place will be satisfactory to the commissioner of pensions. The proof of James Fergusons service in the army will doubtless be found in your office as it is [..fed] that he was a pensioner. It any deficiency shall be discovered on examination of the papers you will please appraise me of the same as the legally [authored?] agent of the applicant-   if her claim should be allowed on the proof [pu..ted?]   please inform me of the  same as soon as it is done, and direct your communication to me at Oneonta Post office in the County of Otsego and State of New York.
 and oblige &c
  Joseph W. Paddock
Oneonta September 11th 1844
 J.L. Edwards Esqr  }
 Commr of pensions
Page 49

James Ferguson
Private
Lawrence, Otsego Co. New York.
3 years service in Colo Van Schaick's regimt
New-York line  10th October, 1818
  Admd
Morse & Stewart Agents
[upside down]  Morse & Stewart  Agents
[James S. Campbell - crossed out]
 Judge,
Cherry Valley, Otsego
County, New York
 No. 5
Page 50

James Ferguson
Morse & Stewart
 Agents
Cherry Valley
 N.Y.
Page 51

State N. York
 Otsego County Ss  James Thompson of the town of Cherry Valley being duly sworn ^ says that he this deponent was enlisted into the same company in the same Regt with James Ferguson for the [word crossed out] during the war and this deponent further says that the said James Ferguson enlisted into Capt McKean's Company in Col. Van Schaicks Regt. of N. York troops in Feb 1777 for three years which time he faithfully served & was discharged at Fort Stanwicks St. N.Y. in Feb 1780 & further this deponent saith not
  James Thompson
Sworn before me this 10th Oct 1818
 James Campbell
one of the Judges of the County of Otsego
 St. N.Y.
 I the above named Judge do certify that James Thompson is a man of respectability and truth and disinterest[ed]
  James S. Campbell
Page 52

SS. N. York
Otsego County  I Peter Gasper of the town of Sharon County of Schoharie a [?ng creny?] [weaver?] says that he this Deponent enlisted into the same company and Regt with James Ferguson During the war and this deponent further says that the said James Ferguson e[n]listed into Capt McKeans Company in Col. Van Schaicks Regt of N. York troops in Feb. 1777 for the term of three years which time he faithfully served and was honorably discharged at Fort Stanwick in the St. N.Y. in Feb 1790 and further this deponent saith not
  Peter Gasper
 Sworn before me this 17th Oct. 1818
 James S. Campbell
one of the Judges of Otsego
County St. N.Y.

I The above named Judge do certify that Peter Gasper is to me known and that he is a credible and disinterested witness -
  James S. Campbell
Page 53

SS. New York
Otsego County - Be it Remembered that on the 10th October [1818?] James Ferguson made oath to the foregoing declarations before one James S. Campbell one of the Judges of the Court of Common Pleas of Otsego County and St. of N. York and I am satisfied that the foregoing declaration is true and that the said James by reasons of his reduced circumstances is in need of assistance from his country for support
  James S. Campbell
Page 54

I George Morell  Clerk of the Court of Common Pleas of the County of Otsego & State of New York do hereby certify that James S Campbell is and has been for one year past one of the Judges of said Court, and that full faith ought to be given to his acts as such and that the signature to the foregoing certificate is his
  In Testimony whereof I have hereunto set my hand & affixed the seal of said Court this [27th - crossed out] 17th day of [March - crossed out] October 1818 -
  Walter W Webb Dept clk
Page 55

Pension Office
Nov. 29th 1844
Sir,
The papers in the case of Betsey Ferguson widow of James Ferguson, under the Act of 7 July 1838 have been examined and filed.
The date of the marriage is not satisfactory.  Where there is no record or documentary proof, the testimony of individuals to be deemed sufficient must be clear, distinct, and disinterested.  The testimony of a  relative may be received to strengthen a family record, but where the marriage, as in this case approaches within two or three years of the limitation of the Act of 1838, the evidence of more than one witness is required to establish the date, with the certainty pointed out by the rules.  The Service of James Ferguson is admitted.
I am Sir 
Very Respectfully
Your Obt Servt
J.L. Edwards

Joseph W. Paddock Esqr.
Oneonta
Otsego County
 New York.