Revolutionary War Pension and Bounty Land Warrant Application File R. 12763, Thomas Bressie, Va.
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(3-1776)

SERVICE
Va.

Bressie Thomas
or Bracey

NUMBER
R.12763
Va half pay
________________________________________
CONTENTS
N.A. Acc. No 874
See  050023  Half Pay
Thomas Bressie
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To His Excellency
The Gov'r of Virginia
& Privy Council of State

Elizabeth Bressie widow of Thomas Bressie dec'd who was the son & only heir of Major Thomas Bressie or Bracey, dec'd formerly of Norfolk County respectfully represents that the said Major Bressie entered the service of the revolutionary war about the year 1776 and continued to the end of the war in 1783. She begs to refer to the Journal of the Council of 1777 page 371 which shews that he was commissioned a Captain to take rank from the 13th May 1776; and she proves by the affidavit of Mrs. Owens a very respectable lady in the Town of Portsmouth, Major Wyatt and a gentleman who was engaged in that war, and Isaac McDaniel a soldier formerly in Major Bressie Company - That he continued to the end of the war & held the rank of Major at the time of the conclusion of the war - She considers that under the act of 1779 (Hen. 10 vol. p.160) the said Major Bressie was entitled to the proportion of land allowed to an officer of that rank, and also to the addition for a seventh year's service, as promised by the act of 1782 [Hen. 11 vol. p. 84). She files herewith a certificate of the action shewing that he drew his depreciated pay as a Captain, &  the Certificate of the Register that no warrant has issued for his Bounty.

In the name of God, Amen! I Thomas M. Bressie of the County of Currituck and State of N. Carolina, considering the uncertainty of this mortal life and being of sound and perfect mind and memory - blessed be Almighty God for the same - do make and publish this my last will and testament in manner and form following, that is to say -- I give and bequeath unto my beloved wife Elizabeth Bressie all of my real and personal estate, goods and chattels of what kind and nature after all my just debts are paid for.  Lastly I constitute and appoint my beloved wife Elizabeth Bressie sole Executrix of this my last will and testament; hereby revoking all former wills
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wills by me made.

In witness whereof I have hereunto set my hand and seal this 15th day of July 1824.
[signed] Thomas M. Bressie [seal]

Signed, sealed, published & declared by the above named T.M. Bressie to be his Last Will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator. }
Test, }
[signed] John Vangover }

Norfolk Borough  At a Hastings Court held the 26th May 1828.
The last will and testament of Thomas M. Bressie dec'd was proved by the oath of John Vangover a witness thereto and ordered to be recorded.  And on the motion of Elizabeth Bressie the Executrix therein named who made oath thereto, and together with Lewis Cason & John Vangover her securities (who justified) entered into and acknowledged their bond in the penalty of one thousand dollars, conditioned as the law directs, certificate is granted her for obtaining probat thereof in due form.
Teste,
[signed]Swepson Whitehead, C.C.

A Copy 
Teste,
[signed] Swepson Whitehead C. C.

I Elizabeth Owens do hereby certify that I was well acquainted with Major Thomas Bracey of Norfolk County who was an officer in the army of the Revolutionary war, and that Major Bracey, acting (as was said) by the orders of General Lee, came to my father's house in this county and burnt it some short time after the war began - I also certify that Major Bracey continued in the army for three or four years afterwards and to the best of my belief and knowledge he did not return home from the army untill [sic] after peace.  As witness my hand this 1st of May 1830.
[signed] Elizabeth Owens
Norfolk
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Norfolk County
To wit - This day the above named Elizabeth Owens came before me a Justice of the peace for said County and made oath to the truth of the foregoing certificate - As witness my hand & seal this 1st day of May ~ A.D. 1830.
[signed] Arthur Emmerson, JP [seal] 
_________________________

I  Isaac McDaniel now seventy years of age do hereby certify that early in the war of the Revolution I enlisted as a soldier in a company commanded by Thomas Bracey of Norfolk County, and was afterwards transferred to Capt. Crump's company in which I continued the term of my enlistment - I did not know any thing of Major Bracey afterwards until peace; but it was always understood that he continued in service until the end of the war.
Witness my hand this 6th day of May 1830.
[signed] Isaac daniel
________________________________
Norgold County, SA:
This day the above named Isaac McDaniel personally appeared before me & made oath to the above certificate.
Given under my hand and seal this 6th day of May 1830.
[signed] Arthur Emmerson J.P. [seal]
________________________________
I Spirey Wyatt of Norfolk County now seventy one years of age do hereby certify that I was well acquainted with Thomas Bracey of this County, who was a Captain in one of the Virginia Regiments on Continental establishment and commanded a company in the year 1777 and was engaged in service at the North - That he afterwards was promoted to be a Major - and continued in service more than three years - and that he [to the best of my knowledge and
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and belief) continued in actual service to the end of the war - I know however, that he did not return home from the Army until after the close of the war. 
[signed] Spiery Wyatt

Norfolk County, SA:
I John Thompson do hereby certify that Major Spirey Wyatt personally appeared before me & made oath to the above certificate - Given under my hand & seal this 8th day of May 1830.
[signed] J. Thompson, J.P [seal]
___________________________________________
I Ann Lewis certify I was well acquainted with Major Thomas Bracey [who was my uncle] an officer in the revolutionary war - That he has been dead many years having left two sons Francis & Thomas his heirs - That Francis has since died a minor & without issue, and Thomas married & has since died leaving a widow Elizabeth Bracey - to whom I am informed he devised his estate
[signed] Ann Lewis

Norfolk County, SA
The above affidavit sworn to by Mrs Ann Lewis before me - As witness my hand & seal this 26th day of May 1830.
[signed] Arthur Emmerson [seal]
___________________________________

I Stephen Sikes of Deep Creek in Norfolk County, now sixty nine years old, do hereby certify that I knew Major Thomas Bressie decd, late a resident of this County, who was an officer in the Revolutionary war - I know that he had command of a minute company at the time that Lord Dunmore came to Norfolk [1775] and afterwards he was appointed a Captain in the Army and he was appointed a Captain in the Army and he raised his
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his quota of men - I know that he was in command & in service as a Captain at Portsmouth at the time of the surrender of Yorktown - and that he was in a Battalion or regiment under the command of Major Wells, who was the only field officer in that regiment - I know that I was drafted as a militiaman & was placed in Captain Bressie company to proceed to the siege of York and on the march Bressie acted as a Major & Wells as Colonel. But I do not know that Bressie was commissioned as a major, although he held the title ever afterwards as long as he lived - I was discharged on the return of Well's regiment which did not reach York before it was ordered back to Portsmouth to level the fortifications at that place - I believe that Major Bressie continued in service to the end of the war - I know that he was always considered as an officer who had served to the end of the war. 

Witness my hand July 6th 1830.
[signed] Stephen Sikes

Norfork County
I do hereby certify that Stephen Sikes this day made oath before me that the facts of the foregoing certificate are true - As witness my hand & seal this 6th day of July 1830.
[signed] Wm B. Manning, JP [seal]
=====================

Executive Department
April 26th 1645.
I do hereby certify that these five pages contain true copies of papers on file in this department.
[signed] Wm Richardson [illegible]
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Know all men by these Presents that I Lewis Cason of Norfolk County Administrator of Capt Thomas Bressie of the Revolutionary War Do hereby constitute nominate and appoint Thomas Moore Norfolk City state of Virginia my true and lawful Attorney. Irrevocable hereby Revoking all former Powers to Prosecute any claims to land or money that may be due from the state of Virginia and United States or either on account of the services of Captain Thos. Bressie in the Revolutionary war and to demand and receive from the Proper offices in Richmond and Washington any land warrant or warrants so due, and to sell and assign the sume or to surrender them at the general land office in order to obtain Certificates of scrips in sum thereof, which he is authorized to receive sell and assign, or if said warrants be already surrendered then to demand and receive the certificates and to sell and assign the name, if no scrips can be obtained he is authorized to receive the warrants which may have been surrendered and to locate or sell the same as he may think best. Said Attorney is also authorized to Prosecute by suit or Petition and to demand and receive from the state of Virginia and the United States any
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half pay or commutation and interest that may be due particularly under the act of 5th July 1832 and to substitute and appoint one or more Attorneys under him with a general or special authority to do all he is permitted to do and revoke the same at pleasure. I hereby and ratify confirm whatever said attorney or his substitutes may lawfully do in the premises As witness my hand and seal this third day of February 1852. 
[signed] Lewis Cason [seal]

Test - 
[signed] John S. Holmes
Norfolk City
State of Virginia} to witt

This day personally appeared before me a Justice of the Peace in and for said City Lewis Cason subscriber to the foregoing Power of Attorney and acknowledged the same to be his free act and deed.

As witness my hand and seal this 3rd day of February 1852.
[signed] N.W. Parker, J P [seal]
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Know
State of Virginia City of Norfolk ss:
I John Williams Clerk of the Court of the Corporation of the City of Norfolk aforesaid do hereby certify that Nicholas W. Parker Esquire who hath given the preceding certificate is now, and was on the day of the date thereof, a justice of the peace in and for the said City duly appointed and qualified - that he is authorized to take the acknowledgement of Deeds &c. that full faith and credit are due to all his acts as such and that the signature "N.W, Parker" thereto subscribed is genuine as I do verily believe. In Testimony whereof I have hereunto annexed the seal of the said Court, and subscribed my name this twenty first day of April in the year of our Lord One thousand eight hundred and fifty two, and of the Commonwealth the Seventy sixth.
[signed] John Williams, cc

[illegible Court Seal attached lower left]
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Virginia
At a Court held for Norfolk County the 22nd day of April 1845.
The Court doth certify upon the evidence of A. Barnes that Thomas Bressie dec'd died intestate leaving an only child Thomas M Bressie his only heir at Law as he has understood and believes that the said Thomas M. Bressie died in 1824 after having duly made his last will and testament of record in the Hustings Court of Norfolk by which he made his wife Elizabeth Bressie sole legatee and devisee of all his estate. That Elizabeth Bressie, the wife of the said Thomas M. Bressie, after his death, married James D. Fisher and by the said marriage had an only child named Sarah Frances Fisher. That James D. Fisher died, leaving his wife Elizabeth and daughter Sarah Fisher surviving him. that Elizabeth Fisher then died, leaving her daughter Sarah Frances Fisher surviving her who died an infant about two years after her mother. That Sarah Frances Fisher died an infant leaving a paternal grandfather Israel Fisher who is now living and Frederic Cason, Lewis Cason, Maria Caprew uncles and aunt of the half blood being the brothers and sister of Elizabeth Fisher dec'd of the half blood and Frances Cason a cousin being the daughter of Rheuben Cason dec'd who was a half brother and Elizabeth F. Vangover a cousin she being the daughters of Sarah Vangover dec'd who was a sister to Elizabeth Fisher dec'd formerly Elizabeth Bressie. That the said Israel Fisher, Frederic Cason, Lewis Cason, [xxxxxx] and Maria Caprew, Frances Cason and Elizabeth F. Vangover are now living and at a court held for Norfolk County the 26th day of April 1845. The Court doth certify upon the evidence of Taylor Sivills, that Thomas Bressie, who he has no doubt was in the war of the Revolution, from what he has learned from the said Thomas Bressie, the said Sivills being intimately acquainted with him, that the said Thomas Bressie died leaving an only son named Thomas M. Bressie who intermarried unto
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with Elizabeth and he thinks her name was Jimeson that is Elizabeth Jimeson was her maiden name.  That the said Thomas M Bressie died he thinks in the Borough of Norfolk, leaving his wife Elizabeth surviving him, who after the death of her said husband married Mr. Fisher, he thinks his Christian name was James.  That the said Thomas Bressie had a brother named William Bressie who was said to have served in the War of the Revolution, that the said William Bressie died leaving several children, among these living are the following William Bressie, Patsey (who now lives in Richmond) what her surname is he does not now recollect, and Mary Sivills the wife of the said Taylor Sivills, that these three are all the children of the said William Bressie deceased who are now living.  The Court doth further certify that the said Taylor Sivills is a person of respectability and full faith and credit is due to his testimony.

State of Virginia
Norfolk County to wit
I Arthur Emmerson Clerk of the County Court of Norfolk County and state aforesaid do  hereby certify that the foregoing is a true transcript from the records of the said Court. In testimony whereof, I hereto set my hand and annex the seal of the said Court this twenty ninth day of April in the year of our Lord one thousand Eight hundred and fifty five and in the 69th year of the Commonwealth.
[signed] Arthur Emmerson C.C.

[illegible Court Seal at lower left]
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Washn. Sept 22 46

Hon Geo. M Bibb
Transmits widow in the case of Capt. Bressie - Va State troops

B.322
26 Sept 1846
Pension Bureau
ins.

Comr.

Ada'd by [illegible] Interior
July 23 '50

2
Hon. Wm. L. Marcy
Secty. Dept. of War
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Washington, Sep. 23d 1846

Honl. W.L. Marcy
Secty of War

The inclosed Certificate properly belongs to the case of the application for the half of Capt. Bressie of the 2d Regt. of Virginia State troops now before you, upon an appeal from the decision of Commr. Wm. L. Edwards.
I called at his office to file this copy of admr. granted to Dempsey Nash, but the papers had been sent to you:  & therefore have to request that you will cause this to be filed with the other papers;  & that you will decide this case at as early a period as your other important Duties will permit.

With very high respect
Yours
[signed] Geo. M. Bibb
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Norfolk July 8th 1837

J. L. Edwards Esqr
Sir
Under cover I hand you the papers in the claim of John Woodards heir for 5 years half pay pension to which I ask your early attention &c. 
I also herewith hand you an additional Certificate in the claim of Capt Thos. Bressee's heirs for his half pay this with the evidence heretofore filed in this claim will I trust be sufficient to Justify the allowance of it, it is a Just claim or I should not be discerned[sp] to press the subject further;
Please to forward me a copy of the last regulations for the government of the widows of the officers and Soldiers of the Revolutionary war. let me hear from you as early as convenience will permit.
I am with Respect &c
your Most ob't Servant
[signed] John B. Ogg
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James L. Edwards
Commissioner

Apl 23 45
Tho Bressie paid[?]
half pay
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Washington City 22nd of April 1845
Sir
Enclosed is a letter from Mr Murdaugh to me of a most insulting character and amongst other things charges that he will make representations to the department relative to my Conduct in relation to the Claim of Wm Bressies [?] for half pay. This letter I found on my arrival at home on the 5th of April, to which letter and insulting imputation I replied-- which letter was returned by Murdaugh unopened. I therefore enclose the poison with its antidote to wit the insulting letter of Murdaugh  and my reply. That he in making his promised  representations to the department on his arrival (which he says will be as soon as his engagements will permit).  Have the benefit of his letter to me and my reply to strengthen his memory.
I have therefore to ask of you on the arrival of Mr Murdaugh and his making his promised representation that you will do me the kindness to hand him the inclosed which may refresh his memory. And oblige sir
Yours Respectfully
[signed] Henry Northrup
P.S. I have no disposition to war with Mr Murdaugh and if he says nothing about his promised representation then it is unnecessary to hand the letters to him but if he is to misrepresent me heard I hope you will befriend me by handing him those letters
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Norfolk  25 Jany 1837

J. L. Edwards Esqr.
Comm'r of the Pension Office

Sir

I wrote you some weeks past covering the evidence &c in the claim of Christian Heyle, widow for 5 years half pay Pension.  Since which I have none of your favours.  I trust Sir that I have made use of no expression in that letter that could have given you or any Gentleman an unpleasant feeling  If I have it was not so intended & I should be pleased hears from you,  I must ask the favour of you to forward to me as early as possible a certified copy of all the papers filed with you in the half pay claim of Capt. Thomas Bressie & Admx. together with those filed by me in the same claim your early attention to this will be respectfully acknowledged.

I am sir with Respect &c
Your most obt servant
[signed] John. B. Ogg
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12 April 1852

Letter from James Harper enclosing an a/c, amounting to over $26000, against the Gov't, for a balance alleged to be due to the heirs of Capt. Thomas Bressie Va State line
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Portsmouth
April 12th 1852

Dr Sir

I am now engaged in the prosecution of Revolutionary Claims, to their final settlement. and not desiring either of the State nor Federal government the payment of one cent unjustly I therefore intend to be governed entirely by the Books of the Auditors and Treasury of Virginia and the Statutes under which they acted from 1775 to 1785 under or by this act the Virginia Legislature Set aside the half pay for life and gave them five years full pay which is now on the journal of the House of 1785 with 6 percent interest.  I have therefore enclosed you the Account of Captain Thomas Bressie of the Virginia line his half pay was Received Some time ago by Mr. Murdaugh   Therefore I have left that out of the Account whatever - you may feel authorized to pay whither the whole or in part   please inform me as soon as possible   I am very respectfully yours
[signed] Jno. Harper
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Recd. 24 Juy 1835

Norfolk 20th July 1835

Geo. Wm. Crump Esrq.

Sir

Yours of the 11th Instant is at hand   I am sorry to learn that a claim so just as I think Capt Thos. Bressie should be rejected   however I shall as early as convenience will permit present some more evidence in the claim and ask a reconsideration of it    I herewith inclose you some documents which I think will be intirely sufficient to establish the heirship and remove all difficulty on that point
Sir will you be so kind as to give me early information on the following Subjects,  first the usual and customary method of obtaining the seven years half pay allowed by an Act of the Va. Legislature to the widows or heirs of the Officers of the Army and Navy in the War of the Revolution
Secondly If any what provisions were made by Congress for the widows and orphans of those unfortunate men that slane in Dartmouth prison (England) in the late war   your early information on those subjects will be thankfully received by Sir

Your most obt Servant
[signed] John B. Ogg

There has been no provision for them -
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In the name of God, Amen.  I Thomas M. Bressie of the County of Currituck and State of N Carolina, considering the uncertainty of this mortal life, and being of sound and perfect mind and memory blessed be Almighty God for the same, do make and publish this my last will and testament, in manner and form following, that is to say, I give and bequeath unto my beloved wife Elizabeth Bressie all of my real and personal estate, goods and chattels of what kind and nature after all my just debts are paid &c  
I constitute and appoint my beloved wife Elizabeth Bressie sole Executrix of this my last will and testament;  hereby revoking all former wills by me made.  In witness whereof I have hereunto set my hand and seal this 15th day of July 1824.
[signed] Thomas M. Bressie  [handwritten seal]

Signed sealed published and declared by the above named T.M. Bressie to be his last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses in the presence of the testator,
Teste,
[signed] John Vangover

Norfolk Borough, At a Hastings Court held the 26th May 1828.
The last will and testament of Thomas M. Bressie dec'd. was proved by the oath of John Vangover a witness thereto & ordered to be recorded.  And on the motion of Elizabeth Bressie the Executrix therein named, who made oath thereto and together with Lewis Cason & John Vangover her securities (who justified) entered into & acknowledged their bond in the penalty of One thousand dollars conditioned as the law directs certificate is granted her for obtaining probate thereof in due form.
Teste,
[signed] Swesson Whitehead C.C.

Norfolk Borough, At a Quarterly Session Court held the 22'd day of November 1830.
The Last Will and testament of Thomas M. Bressie deceased (which has been heretofore proved in the Court by the oath of the subscribing witness thereto and ordered to be recorded, was this day further proved by the oath of Lewis
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Lewis Cason to be wholly written and signed in the proper hand writing of the testator, that he has seen him write and thereupon the same was ordered to be recorded. 
Teste
[signed] Swepson Whitehead C.C.

State of Virginia, City of Norfolk towit
I John Williams Clerk of the Hastings Court of the City of Norfolk aforesaid in the State of Virginia, do hereby certify that the foregoing is a true Copy from the records of the said Court of the Last Will and testament of Thomas M Bressie deceased duly recorded thereon that the style and names of the Corporation having been changed by Act of the General Assembly of Virginia, from that of the Borough of Norfolk to the City of Norfolk, and the style of the Court thereof changed from that of the Hastings court of the Borough of Norfolk to that of the Hastings Court of the City of Norfolk.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court this Eighth day of May in the year of our Lord One thousand eight hundred and forty five and of the Commonwealth the sixty ninth.
[signed] Jno: Williams CC

[illegible Court Seal attached lower left]
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Thomas Bressie, decd
Act 5 July 1832.

Rejected. 
See letter to J. B. Ogg July 11. 1835 & July 14 1837 -
See letter to J. B. Ogg June 11. & 28 March 1837 - 
See letter to F. Mallory 2 July 1838 -
See letter to J. B Ogg, 7. Sept. 1838 - 
See letter to J. B. Ogg 23 March 1839 - 
See letter to J. B. Ogg April 19. 1839 - 
See letter to F A Dickens 11 June 1842 - 
See letter to J. B. Ogg 8 March 1843 - 
See letter to J. Murdaugh 28 March 1845 
See letter to J. Murdaugh 17 & 18 Mar 1845 - date Same July 2d. 1845 -
See letter to J. Murdaugh July 24. 1846 to Bibb & Dickens
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No. 12763
[crossed out]
ACT OF FEBRUARY 14, 1871.
WAR OF 1812.
3032
[/crossed out]
Capt Thomas Bressie
[crossed out]
REJECTED
[/crossed out]
Va Line
Revolution
Discharged ________, 18__.
3032
H'f Pay - Act '32
Received _______, 187
Attorney
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Norfolk 24th April 1835
The Honorable
Levi Woodberry Esqr
Secy. of the Treasury of
The U. States
Sir
Yours of the 18th Instant came to hand this day & in reply I hasten to inclose you the power of Atty & a Certified Copy of the order of Court granting Admr on the estate of Capt Thomas Bressie decd, this order have not been set aside by any Subsequent order & Mr Fisher being the sole and only Heir at Law & instilled to the Admr, the estate have been finally Settled many years ago & is not at this day indebted to any person to the amt of one cent that can be established. Now Sir if the Claim is before the department & any other evidence should necessary please to advise me, when the Claim is passed I must ask of you as a matter of Right - to remit the money to me or my order through the Virga Bank at this place I am Sir with High Respect &c
Your Most Obt Servant
[signed] John. B. Ogg
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J. W. Murdaugh
28th of March 1845
J W
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Portsmouth Va. March 28th 1845
Sir
Your very extraordinary letter was received through the post office This morning, informing me you had a formal order made showing that Miss. Vangover the sole heir & distributee of Thomas Bessie deceased. I shall take a proper occasion to represent to the Department, the management you have had in endeavouring to obtain this fund for Wm Bessie who you knew was not entitled as your letter shows. and I shall also show to the Department, that the formal order you mentioned as having been entered by the Borough Court, is not true. This will be sufficient for me to show the Department. Your letter & other evidence satisfies me, that you have in an unwarrantable manner interfered with my business or business committed to my case, and which I do not mean to submit to. You will direct to me no further communication. so soon as my engagements will permit I shall be in Washington City
Yours
[signed] James Murdaugh
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State of Virginia Norfolk County } To wit
I Thomas Williams of Currituck County North Carolina aged 74 years, Do hereby Certify that I was personally well acquainted with Capt. Thomas Bessie who served as an Officer in the Revolutionary War, I do further Certify that I saw him the said Thomas Bessie when in Command and attached as Major to the Third Virginia Continental Regiment in or about the year of 1779 or 80 and I am inclined to believe that he remained in the Service until the end of the War of the Revolution Given under my hand this 29th day of April 1837.
[signed] Thos Williams

State of Virginia Norfolk County } To wit
This day personally appeared before me a Justice of the Peace for the County aforesaid Colonel Thomas Williams and made Oath to the foregoing Certificate Given under my hand and Seal this 29 day of April 1837
[signed] Thomas Nash {Seal}
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Virginia
I William H Wilson Clerk of the County Court of Norfolk in the State of Virginia do hereby certify that Thomas Nash who was given the within certificate is a Justice of the peace in the County of Norfolk in the State of Virginia aforesaid duly commissioned and qualified to the said office according to the Constitution & Laws of the said State.
Given under my hand and its seal of the said County of Norfolk on the 8th day of June in the year 1837 and of our Independence the 52d.
[signed] Wm.. H Wilson CC
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The Board are also of opinion that the regular troops of this State, now in the western country under the command of General Clarke, should be reduced to one corps of infantry, to be commanded by a Major, & formed into companies, not exceeding sixty eight rank and file to each company, under the necessary captains and subalterns: That General Clarke be requested to organise the said corps; and if the officers cannot agree among themselves with respect to their respective commands, that he appoint them according to their seniority.

Executive Department
Richmond Va Nov 23 1782

The above is truly copied from the Journal of the Executive of Virginia and bears date the 18th day of January 1782
[signed] Wm H Richardson Depy Comr
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Ports June 11th 1845
Dr Sir
In the case of Capt. Thos Bressie I inclose the evidence forwarded on a previous occasion, & am in hopes this will be received
Yours Respectfully
[signed] James Murdaugh
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Shields & Ashburn, Prs. Norfolk.
KNOW ALL MEN BY THESE PRESENTS, That I. James D. Fisher of Norfolk County Va Administrator on the Estate of Capt Thomas Bressie dec'd do hereby appoint John B. Ogg of the Borough of Norfolk, and State of Virginia, my Agent and Attorney for me and in my name and stead, to demand and receive from the Register of the Land Office in Richmond, any and all Warrants for Bounty Lands, to which may be entitled on account of the services of Capt Thomas Bressie in the Revolutionary War; and my said Agent and Attorney is hereby authorized to sell, transfer or surrender all such Warrants to any person who may purchase, or be authorized to accept the same, and to receive therefore any Money, Certificates of Scrip, or other equivalent, or substitute, or consideration, which is, or may be hereafter provided or offered for the same. And my said Agent and Attorney is also empowered and authorized to sell, transfer and assign all such Scrip or other equivalent, substitute or consideration, and in any and all ways to control and dispose of the same in as full and ample a manner as I could do if personally present. And my said Agent and Attorney is hereby further invested with full powers to assert and prosecute any and all claims against the State of Virginia, or the Government of the United States, for Commutation or Half Pay due the said Capt Thomas Bressie - for his services in the Revolutionary War, and to receive all such monies, and grant receipts for the same in as full and ample a manner as I could do if personally present - And my said Agent and Attorney shall have power to appoint one or more substitutes under him with the aforesaid powers; and all his or their acts I will ratify and confirm by these presents. And my said Agent and Attorney may retain out of the proceeds of said Warrants, Scrip or Substitutes, or Money, one third part thereof, as compensation for his services and expenses, for which this Deed shall be a lien: and this power shall be irrevocable. Witness my hand and seal this Second day of Jany A. D. eighteen hundred and thirty five -
Signed, sealed and delivered
in the presence of
[signed] James D. Fisher
Administrator
of Thos. Bressie Decd
[seven seals to right and downward]

Norfolk Borough State of Virginia } T wit:
This day James D. Fisherpersonally appeared before me, a Justice of the Peace in and for said Borough, and acknowledged the foregoing Power of Attorney to be his act and deed. Witness my hand and seal, this second day of January - A. D. eighteen hundred and thirty five
[signed] A. Jordan
[seal to right of name]
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State of Virginia Borough of Norfolk SC:
I John Williams Clerk of the Hastings Court of the Borough aforesaid in the State of Virginia do hereby certify that Alexander Jordan Esq: before whom the within Power of Attorney was acknowledged and who hath given the proceeding certificate and signed the same, is and was on the day of the date thereof, a Justice of the peace in and for the said Borough, duly commissioned and qualified, and that full faith and credit is due to all his acts as such; and that the signature "A Jordan" subscribed to the proceeding certificate is in his proper hand writing. In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court this twenty ninth day of January in the year of our Lord one thousand eight hundred and thirty five in the fifty ninth year of the Commonwealth
[signed] Jno: Williams CC

[illegible Court Seal attached lower left]
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Ports. [Portsmouth] Va. Nov. 24th 1845
Dear Sir
I inclose to you the Affidavit of Col Stephen Wright showing the service of Capt Thos Bressie until after the surrender of York Town. I hope this will be sufficient to allow you to grant the claim to the pay that is due. In your letter of the 28th March you write "There is no satisfactory proof in this Office that he served after 1778. If he did not serve after that time, the representatives have no claim whatever under the Act of July 5th 1832."
This letter led me to believe that the only matter which you required to be proved was a service after 1778, and the evidence furnished seemed to have satisfied your mind upon that point, that the service was performed after that period and until the end of the war. for in your letter of May 28 ," you say I have received your letter enclosing certain papers from Richmond in the case of Thos Bressie dec'd whose representative claims half pay under the Act of July 5th 1832. I do not perceive that the papers which you not here throw any additional light on the case. It does not appear that he served in either of the Regiments mentioned in the claim of July 5th 1832. I then inclosed you a paper from Mr Secretary Richardson showing that he was a Captain in the 2nd Va. Regiment. Your letter of the 23 Oct acknowledges the receipt of the papers certified by Mr. Sec. Richardson, and you wrote The evidence is clear that he served till 1779. I have found his name on a muster Roll up to June 1779; but the Rolls of July and August of that year his name is omitted, and he is not accounted for. If he ever served after June 1779, he must have been in the militia, not in the 2nd Va. Regiment, in which Regiment his name appears as Captain, and never in any higher grade. The meager, indefinite and contradictory statements of the persons who have given affidavits in this case are not deemed sufficient to show that he served to the end of the War. I cannot admit the claim." The presumption is too strong to be united[?] if it can be termed presumption when it is positive evidence, That the service was to the end of the War, and in the State Regiment. He is found in the 2nd Va. State Regt by your muster Roll in June 1779? What could have induced him to go in the Militia
I send you the inclosed affidavit, if you desire to know who this Col Wright is, I refer you to Judge Mason, Com. Washington Doct Collins, and if you refer to them, it is Col Stephen Wright of the City of Norfolk, than when no man stands higher
Yours Respectfully
[signed] James Murdaugh

[signed] J. L. Edwards Esq
Comr. of Pensions
Washington City
Page 35

Portsmouth Va. April 29th 1830
Dear Sir
In the case of Major Thomas Bressie deceased who was in the War of the Revolution, and who served after 1778, as is clearly established by the testimony inclosed, obtained from the Office of the Secretary of the Commonwealth of Virginia.
You will perceive from the evidence of Taylor Swills who married the sister of Wm Bressie who wrote you the letter, that he has no claim of any character whatever to the money due Thomas Bressie he being distantly related - The evidence of A. Bowers shows the person entitled from Elizabeth Bressie devisee & legatee of Thomas M. Bressie who was the sole heir distributee of Thomas Bressie decd. I inclose a copy of the last Will & Testament of Thos. M. Bressie decd. which herein has not the seal of Norfolk City attached to it, and the reason is, that Norfolk Borough on the 28th Oct by an Act of the last Legislature of Virginia, became Norfolk City or City of Norfolk, and the Clerk had not as yet had a seal engraved for this City, as he informs me this morning; he will however have a seal in four or five days and if you shall require it, the seal shall be attached.
The parties who are finally to be entitled to this fund, are all of them willing for Vangover admr of Bressie to receive this money if the penalty of the bond should not be sufficient to cover the sum due (excepting his daughter and her portion will be small) and with this exception they are all prepared to give me a power of Attorney, or to sign any other paper which you may require before the payment of the money, if you shall deem any necessary I would respectfully ask your earliest attention to this subject, you look with such an eagle eye into the matter of this sort (and which is perfectly right) that I shall expect you to require some thing more to be done, and which I cannot anticipate, otherwise I should do it at once, and spare you & myself any further trouble
I am Dear Sir
Your Obt Servt
[signed] James Murdaugh
Page 36

Walnut Branch
Jany 25th 1843
J. L. Edwards Esqr.
Commr of Pensions,
Washington, 
D.C.

Jan 28, 1843,
Va. 
Pension
Bureau

24 Dec paper
notif to H. H. Sol

F.A. Dickens
June 11 42
Page 37

Prince William. January, 24th 1843
J. L. Edwards. Esqr
Dear Sir:
I learnt a few weeks ago, that Mrs Sarah Ingram's, Claim to be placed on the Pension roll had been withdrawn from the house of Representatives by my direction and submitted to your department for a reexamination. Will you have the goodness by the return Mail to advise me what has been the result of that reexamination. please direct your letter to Walnut Branch Post office. Fauquier Cty. being the most convenient.
I am in much haste
yours. Respectfully.
[signed] John B. Ogg

P.S. has anything been with Capt Thos Bressee's claim for half pay.

Return To H. H. S. [?]
Page 38

Portsmouth Va. May 9th 1845
Dr Sir
I have at last procured a copy of the Will of Thomas M. Bressie dec'd authenticated by the Seal of the City of Norfolk which you will find inclosed - I am in hopes I shall hear from you in a few days, I presume the papers showing the service of Maj. Bressie have been received
Yours Respectfully
[signed] James Murdaugh

At a Court held for Norfolk County the 16th October 1832
On the motion of James D Fisher who made oath and with John Fisher and D B Munden his securities entered into and acknowledged a bond in the penalty of One thousand dollars with condition according to law, Certificate is granted the said James D Fisher for obtaining letters of administration de bonis non on the estate of Thomas Bressie dec'd in due form.
I William H Wilson Clerk of the said Court in the State of Virginia do hereby certify that the above is a true copy from the records of the said Court.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court this eighteenth day of December in the Year of our Lord one thousand eight hundred and thirty three and of our Independence the fifty eighth
[signed] Wm H Wilson

[illegible Court Seal attached lower left]
Page 39

Virginia
At a Court held for Norfolk County the 19th day of January 1833
On the motion of Ann Lewis who made oath and together with Taylor Sivills and Thos. V. Webb her security entered into and acknowledged a bond in the penalty of six thousand dollars with condition according to law Certificate is granted her for obtaining letters of administration de bonis non on the Estate of Thomas Bressie decd: in due form.
I William H Wilson Clerk of the County Court of Norfolk in the State of Virginia aforesaid do hereby certify that the foregoing is a true copy from the records of the said Court.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court this the twentieth day of March in the year of our Lord one thousand eight hundred and thirty five and of our Independence the fifty ninth.
[signed] Wm H Wilson
cc
Page 40

Recd. 14 April 1835
If The Secretary of the Treasury has considered the claim of the admix, for the half pay of Major Thomas Bressie, will he do me the favour to inform me of the result, that I may come and receive the amount; or furnish any other documents that are necessary to support the claim.
The gentleman who will call with this not will hand me the reply, for which the secretary will accept the assurances of my high respect
[signed] Carter M Braxton
Atty for Mrs Lewis

Norfolk
April 12, 1835
Page 41

Washington April 23'd 1852.

Sir:
I herewith transmit Power of Attorney from Thomas Moore of Norfolk Va. to me - given me by virtue of a Power of Attorney to said Thomas Moore giving Power of Substitution, - from Lewis Casson of Norfolk Va. Administrator on the Estate of Captain Thomas Bressee late of Norfolk County Virginia of the State Line of Virginia in the Revolutionary War. Which said Power of Attorney authorizes me to attend to the claim for commutation of of said Captain Thomas Bressee and I respectfully request that the Power of Attorney be filed among the claims for commutation of other Officers now on file in your Office. Said Power of Lewis Casson is herein enclosed. With the Highest Respect
I am
Your Obedt Servt
[signed] Isaac N Coffin.

[signed] James E Heath Esq.
Commissioner of Pensions
Washington. D.C.
Page 42

Know all men by these presents that I Thomas Moore of Norfolk City State of Virginia by virtue of a Power of Attorney from Lewis Casson of Norfolk County in the State of Virginia Administrator of the Estate of Captain Thomas Bressee of Norfolk County in the State of Virginia granting me the right of substituting an Attorney to prosecute all claims for the services in the Revolutionary War of said Captain Thomas Bressee of the State Line of Virginia - do hereby constitute substitute and appoint Isaac N Coffin of Washington in the District of Columbia my lawful attorney and substitute to prosecute said claims either for half pay or commutation and interest under the Act of July 5th 1832 or claims for bounty land, and to receive and give receipts for all money or land on account of any of said claims, hereby giving to my said attorney the same and all power and authority in relation to every subject whatever which is given me by said Power of Attorney, and in consideration of ten dollars to me in hand paid by said Isaac N Coffin the receipt of which is hereby acknowledged this Power of Attorney is made irrevocable.
Witness my hand and seal this - 6th of February 1852.
Signed sealed & delivered in presence of
[signed] MS Moore {seal}
[signed] N. Currier 

State of Virginia Norfolk City } to Wit This day personally appeared before me a Justice of the Peace in and for said
Page 43

city duly authorized by law to administer oaths, Thomas Moore the subscriber to the foregoing Power of Attorney and acknowledged the same, to be his free act and deed, as witness my hand and seal this 6th of February 1852.
[signed] Wm G Camp J.P {Seal}

State of Virginia City of Norfolk ss:
I John Williams Clerk of the Court of the Corporation of the City of Norfolk aforesaid, do hereby certify that William G Camp Esquire who has given the above certificate is now and was on the day of the date thereof a Justice of the Peace in and for the said City - duly appointed and qualified that he is authorised to take the acknowledgement of Deeds &c - that full faith and credit are due to all his acts as such - and that the signature "Wm. G Camp" thereto subscribed is genuine as I do verily believe. In Testimony whereof I have hereunto annexed the seal of the said Court and subscribed my name this third day of April 1842 in the 76th year of the Commonwealth
[signed] Jno. Williams cc

[illegible Court Seal attached lower left]
Page 44

Rc. 27 April 1835 1340 1058.
Aud Office
25 April 1835

Sir,
I have duly received your's of the 18th inst, making enquiry respecting the claim of Thomas Bressies representatives, and referring to papers which you say were enclosed. From some mistake I suppose, there were no papers enclosed in your letter; but I think it probable that the evidence referred to, was that upon which Land bounty was granted, copies of which were obtained by Mr Braxton in March last. I enclose you such additional evidence as I have been enabled to find.
I understand that there were various documents printed during the last session of Congress - shewing the warrants upon which scrip had already been issued and would issue[?] after September next. If any extra copies are in the possession of the Treasury Department, I would esteem it favor to be furnished with one.
I am sir
very respectfully
Yours &c &c
[signed] Jas E Heath Aud Va [Auditor Virginia]

[signed] The Hon Levi Woodbury
Page 45

In Council March 22nd 1777
Ordered that a Commission issue to Captain Thomas Bressie in the service of the State. A certificate of the review of his quota of men returned and ordered to be filed, the Said Bressie is to rank as an Officer appointed the thirteenth day of May last.
A Copy
[signed] Wm H Richardson Secy. Commr.

In Council 24 July 1830
It is advised that the Heirs of Thomas Bressie be allowed land bounty for seven years as a Captain in the Virginia State Line
[signed] P. V Daniel Lieut. G. Va.
attest
[signed] Jno W Pleasants

Warrant No 6742 for 46.66 2/3 acres issued to Thomas Bressie his Heirs or Assigns 24 July 1830, & was delivered to John W Murdaugh on that day

A Copy from the records of the Said office of Virginia : as witness my hand & seal of office hereto affixed At Richmond this 3d Ap 1832
[signed] W Pleasants ofe

[illegible Court Seal attached lower left]
Page 46

Norfolk April 16th 1839~

Sir,
I received a few days since your very insulting letter of the 23rd Ult. I wrote you ten or twelve months ago for Copies of the papers in Thos. Bressie's Claim and stated to you then what purpose they were asked for. You then said I should have them as early as time would permit. The delay is unreasonable. The papers filed in the claim are mine, if I am an Agent - it is expected that I will act promptly and faithfully and I must now require you to furnish me promptly the Copies of all those papers or return me the Original papers. If this is not done in a few days I will apply to another Department and forward a Copy of your very indecorous letter
I am with Respect
[signed] John B. Ogg

[signed] J L Edwards Esqr. Comm'r of Pensions
Page 47

Rec' 24 July 1835 [or 1845]
Norfolk County to Wit
James D. Fisher Maketh oath that some time in the year of 1831 or two he qualified as administrator De bonis non of Capt Thomas Bressee dec'd in the Court of Norfolk County & gave Security According to Law that there were no debts due from Said Estate. The decedent having died Many years before. That about twelve Months perhaps after he so admr he received a notice from Bartlett Murdon one of the Securities in his Administration bond. That at the ensuing Court he would move the Court for Counter Security. That he attended Accordingly but there was no Court that week & nothing was done nor did he hear any thing more of the Matter; That about six months afterwards he applyed to Mr Wilson the Clerk of the Court for a certificate of his said Administration under the seal of the Court which the said clerk gave him without informing him that the Administration had been revoked & certainly without any knowledge in the part of this affiant that it had been; but he learned Some time afterwards that it had been done in his absence at a Subsequent Court and Administration granted on Said estate to Mrs Ann Lewis without any consent or knowledge and this affiant particularly objects to Mr Lewis having any thing to do with the Matter, Given under my hand this 13 day of May 1835
[signed] Jas. D. Fisher

Personally appeared before me a justice of the peace for the County of Norfolk James D. Fisher who made Oath to the above Statement, May 12th 1835.
[signed] Wm. Wright j.p. {seal}
Page 48

Norfolk County to wit
I William H Wilson Clerk of the County Court of Norfolk in the State of Virginia do hereby certify that Wm Wright who has given the foregoing certificate is a Justice of the Peace in and for the County aforesaid duly commissioned and qualified to said office according to the Constitution and laws of this State
In Testimony whereof I have hereunto set my hand and the seal of the said Court this the twentieth day of July in the year of our Lord one thousand eight hundred and thirty five and of our Independence the Sixtieth.
[signed] Wm H Wilson
c.c.
Page 49

1342
Copy
From The Journal of the Executive Council of Virginia, of the 22'd day of March 1777.

"Ordered that a Commission issue to Captain Thomas Bressie in the service of this State. A certificate of the Review of his Quota of men returned and ordered to be filed, the said Bressie is to rank as an Officer appointed the thirteenth day of May last."

Executive Department
Richmond Va Ap 25 1835

The above is a true copy
[signed] Wm H Richardson Secy Comr
Page 50

1344
Thursday 15th February 1776.
Ord: a Warrant to Samuel Boush ss for use Thomas Bressie ss £42.16.8 for the pay of himself and Company as a Guard at e/y Great Bridge - Militia.

Extracted from the Journal of the Committee of Safety Page 12.
[signed] Jas. E. Heath
Aud Office Va
April 25 1835

Dr. The Commonwealth of Virginia in Acct.
With Lawrence Smith Junr - Cr.

1778
Jany 15. To Capt Thomas Bressie paid up to
this date - - } £441.11.10

Extracted from Lawrence Smith's pay Roll
[signed] Jas E Heath
Aud Office 25 April 1835
Page 51

Rec'd 6 April 1835 1041
Norfolk 1st April 1835
The Honorable
Levi Woodberry
Secretary of the
Treasury of the U.S
Sir
You may be or have been Applied to at the instance of Mrs Lewis for the half pay of Capt Thomas Bressee, Mrs Lewis have obtained the Admr [Administration] on Capt Thos. Bressees Estate without the knowledge or consent of the Heir at Law, Capt Bressee has been dead Many years & his estate Settled & I have no doubt that I shall be fully able to Satisfy you by proper evidence that the estate is not now in debt to Mrs Lewis or any other person but the ssoleobject of the Admr is to get the funds in her hands and give the Heir the trouble of a suit to recover it, therefore as the legal agent of the Heir at Law to request you not to pay over the money to her or her atty (if allowed,) untill you first advise me of the allowance & give me a reasonable time to furnish to you with necessary evidence on the Subject I am Sir with
High Respect yours &c
[signed] John B. Ogg

P. S. Peter Haynes Esqr & Auditor
have seen the Power of Atty
to me duly authenticated
Page 52

Norfolk April 6th 1838.

J L Edwards Esqr.
Comm'r of Pensions

Sir
Herewith I hand you some record evidence in the claim of Capt. Thomas Bressee's heir for his half pay Claim This evidence shows that he was in service seven years That brings his service in the War of the Revolution down to 1783 which was the final close of the War.
The Act of the Legislature of Virginia passed a law in 1779 or 1780 placing the Officers and Soldiers of the Virginia State line that did serve until the end of the War, on the same footing both as to pay and bounty with the Officers and Soldiers on Continental Establishment. I hope Sir this Evidence with that already filed will be sufficient to authorize the allowance of the Claim without further trouble I have now to say to you Sir that Mr. James D Fisher the Sole heir to this claim must solemnly protest against the payment of the Money in case its allowed, to Mrs. Lewis who has administered on Capt. T. Bressee's Estate or any other person Authorized by her to receive the same as she has administered on the Estate without my knowledge or consent
If the Caveat executed by James D Fisher the heir and filed with the papers some 12 or 15 months since is found to be insufficient, let me know as early as possible in what respect it is deficient and he will immediately file one in accordance with your wishes
I have this day been called upon by Mrs. Dameson who was formerly the Widow of Christopher Tompkins who has some
Page 53

9 or 12 months past employed a man by the name of Bozem to prosecute a pension claim for her on account of her first husbands services in the War of the Revolution and she states that she has been deceived in him and is unwilling that the money should be paid over to him, if allowed, and requests that the payment of it should be delayed at the department untill she has an opportunity of suing him
I am with much respect
your most obt. &c
[signed] John B. Ogg
Page 54

A
Power of Attorney
&
Evidence of Adm
Page 55

Know all Men by these presents, that John Vangover administrator de bonis non of Thomas Bressie deceased who was a Captain in the War of the Revolution in the Virginia State Line do hereby constitute and appoint James Murdaugh of the Town of Portsmouth, County of Norfolk and State of Virginia, my true and lawful attorney, for me and in my name and stead, to ask, demand and receive of and from the Treasurer of the United States of America, or from such other offices of the said government of the United States as may be appointed for that purposes, such sum or sums of money as may be due me as administrator as aforesaid of Captain Thomas Bressie deceased for the half pay, commutation pay, or such other pay as may be due for the services of the said Captain Thomas Bressie dec'd rendered by him during the War of the Revolution; full power and authority is hereby vested in my said attorney, to do and perform every thing, necessary towards affecting the premises in as full and effectual a manner as I could do if personally present; hereby satisfying and confirming all and whatever my said attorney shall do in the premises by virtue hereof
In Witness Whereof I have hereunto set my hand and affixed my seal This 24th day of March 1845
[signed] John VanGover {seal}

Norfolk County to wit
This day John Vangover administrator de bonis non of Thomas Bressie deceased personally appeared before me a justice of the peace in and for the County aforesaid, and acknowledged the foregoing power of attorney to be his act and deed. Witness my hand and seal This 24th day of March 1845
[signed] Jas. E. Wilson J P {seal}
Page 56

[same as previous letter]

Know all Men by these presents, that John Vangover administrator de bonis non of Thomas Bressie deceased who was a Captain in the War of the Revolution in the Virginia State Line do hereby constitute and appoint James Murdaugh of the Town of Portsmouth, County of Norfolk and State of Virginia, my true and lawful attorney, for me and in my name and stead, to ask, demand and receive of and from the Treasurer of the United States of America, or from such other offices of the said government of the United States as may be appointed for that purposes, such sum or sums of money as may be due me as administrator as aforesaid of Captain Thomas Bressie deceased for the half pay, commutation pay, or such other pay as may be due for the services of the said Captain Thomas Bressie dec'd rendered by him during the War of the Revolution; full power and authority is hereby vested in my said attorney, to do and perform every thing, necessary towards affecting the pension in as full and effectual a manner as I could do if personally present; hereby satisfying and confirming all and whatever my said attorney shall do in the premises by virtue hereof
In Witness Whereof I have hereunto set my hand and affixed my seal This 24th day of March 1845
[signed] John VanGover {seal}

Norfolk County to wit
This day John Vangover administrator de boris non of Thomas Bressie deceased personally appeared before me a justice of the peace in and for the County aforesaid, and acknowledged the foregoing power of attorney to be his act and deed. Witness my hand and seal This 24th day of March 1845
[signed] Jas. E. Wilson JP {seal}
Page 57

Know all men by these presents That we John Vangover and John Fisher are held and firmly bound unto the Commonwealth of Virginia in the sum of One thousand dollars, to the payment whereof, well and truly to be made to the said Commonwealth we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our Seals this 17th day of February anno Domini One thousand eight hundred and forty five and in the 69 year of the Commonwealth.
The condition of this obligation is That if the said John Vangover administrator of the goods, chattels and credits of Thomas Bressie deceased unadministered by Ann Lewis do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, possession or knowledge of him the said John Vangover or into the hands or possession of any other person or persons for him and the same so made do exhibit unto the said Court when he shall be thereto required by the said Court, and such goods, chattels and credits do well and truly administer according to law; and further do make a just and true account of his actings and doings therein, when thereto required by the said Court; and all the rest of the said goods chattels and credits which shall be found remaining upon the account of the said administrator, the same being first examined and allowed by the Justices of the said Court for the time being shall deliver and pay unto such persons respectively as are entitled to the same by law; and if it shall hereafter appear that any last Will and Testament was made by the deceased and the same be proved in Court and the Executor obtain a certificate of the probat thereof, and the said John Vangover do in such case being required under and deliver up his letter of administration, then this obligation to be void else to remain in full force.
[signed] John VanGover {ss} [seal]
[signed] John Fisher {ss} [seal]
Signed, sealed and delivered in presence of James Murdaugh

State of Virginia. Norfolk County to wit
I Arthur Emmerson Clerk of the County Court of Norfolk
Page 58

County in the State of Virginia aforesaid hereby certify that the foregoing is a true copy from the records of the said Court and I further certify that James E. Wilson J.P. who has given the certificate on the first page of this sheet of paper, is a Justice of the Peace in and for the County of Norfolk duly Commissioned and qualified to act as such according to the Constitution and Laws of this State and that his signature thereto is genuine.  In testimony thereof
I have hereto set my hand and affixed the seal of the said Court this twenty fifth day of March in the year of our Lord One thousand eight hundred and forty five and of our Independence the sixty ninth.
[signed] Arthur Emmerson
Page 59

Virginia:
At a Quarterly sessions Court begun and held for the County of Norfolk at the Court house on Monday the 17 day of August 1846
John Vangover administrator of Thomas Bressie deceased who was by an order made at the last Court directed to be summoned to appear here this day to give additional security at the instance of Frederick Casson and Lewis Casson being duly summoned was solemnly called but came not.  Therefore it is considered by the Court that the administration of the said John Vangover on the estate of the said Thomas Bressie deceased be revoked and annulled.  And on the motion of the said Lewis Casson It is ordered that Dempsey Nash Coroner acting Sheriff of this County take into his hands the estate of Thomas Bressie deceased unadministered by John Vangover and administer the same according to law.
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia hereby certify that the foregoing is a true transcript from the records of the said Court.
In testimony thereof I have hereto set my hand and affixed the seal of the said Court this 16th day of September in the year of our Lord One thousand eight hundred and forty six and of our Independence the seventy first.
[signed] Arthur Emmerson
Page 60

Sir
I had anticipated the pleasure of presenting the enclosed letter, but am in that disappointed.

May I ask a reconsideration of the application I made for the allowance of half pay for Major (properly Capt.) Thomas Bressie's, Revolutionary service.

I place this new application on the ground that the Enclosed record of the Executive of Virginia, not only means that his land bounty had been allowed to him but that he was really a Captain in the Va. State line and in service from the 13 of May 1776 for seven

[left margin on edge]
appear to be for land
Page 61

[same as previous letter]

Sir
I had anticipated the pleasure of presenting the enclosed letter, but am in that disappointed.

May I ask a reconsideration of the application I made for the allowance of half pay for Major (properly Capt.) Thomas Bressie's, Revolutionary service.

I place this new application on the ground that the Enclosed record of the Executive of Virginia, not only means that his land bounty had been allowed to him but that he was really a Captain in the Va. State line and in service from the 13 of May 1776 for seven

[left margin on edge]
appear to be for land
Page 62

years which brings his service down to the close of the war as the evidence of all the witnesses shews - and particularly the affidavit of Colo. Wright of whom Mr. Loyal takes occasion to speak-

The references made in the petition shew conclusively the facts set forth, and as other claims standing on the same ground (with much less evidence) have been allowed, I hope you will excuse this renewed application.  I refer now to the allowance at the Treasury Department of half pay to the representative of John M Galt a surgeon in the
Page 63

same service.

I have lately learned there had been some interference with my application, by a Mr. Ogg who, is one of the speculating agents in these matters.  Unless the claim I make shall be allowed, it is not necessary to notice his conduct, but if you should determine to allow the claim and will intimate that to me I will remove all difficulties he may have thrown in my way, and expose as it merits his unjustifiable conduct.

If however the claim shall be positively rejected, by you, I shall be glad to have,
Page 64


[right] H A D

copies of all I have laid before you, that I may seek that petition[?] on the courts of Va. which you may not feel justified in allowing at your department.
With high respect
I am Sir
Yr. mo. obt
[signed] C. M. Braxton
of Norfolk.

Now in Baltimore
May 23, 1835


B.44  May 26
Dickens
Page 65

House of Delegates
Richmond Va Feb 24th 1838

Sir
I will thank you to be informed whether the claim of Capt. Thomas Bressie;  heirs for half pay under the Act of 1832 has been allowed on the evidence submitted - and if not i would be pleased to be informed in what is the evidence deficient, in order that it may be supplied from the records here - I am requested by Mr. Lewis the admx to make enquiries of this claim & to take charge of it - Mr.
Page 66

Braxton formerly had the management of it but he has relinquished it, & I am authorized to prosecute it - I understand that application will be made by Mr. Ogg who I am sure has no authority from the admx.

I am very respectfully
Yr Ob. Sevt
[signed] J. W. Murdaugh
Page 67

Portsmouth Va.  Feby. 27th 1846

Dear Sir

Will you do the favour, to furnish me with a copy of the affidavit of Col. Stephen Wright which I transmitted to you sometime ago, in the case of Capt. Thomas Bressie.  I mentioned in a letter to you sometime the last year, that Mr. Henry Northrup had interfered with this claim, from a letter received from him and the explanation therein contained, I am satisfied he proceeded under erroneous instructions about the matter, thinking he was engaged by the proper person entitled.  I mention this simply as an act of justice to Mr. Northrup.
Yours Respectfully
[signed] James Murdaugh

N.B. [or A.B.] Let me have the copy during the ensuing week or immediately.
M.
Page 68

Norfolk  March 18th 1837

J. L. Edwards, Esqr.
Pension Office
Washington

Sir
Your polite favour of the 11th Instant is now before me, the Copies of the papers filed in the case of Thomas Bressie Deceased are wanting for the Purpose of Comparing all the testimony which have been furnished in order to ascertain if some new Evidence cannot be furnished to still farther strengthen the claim   I was not aware when I wrote for copies of the papers that it was necessary to state the purpose for which they are wanting.  I herewith hand you the papers in the Case of Christian Heyle's widow and Orphan which I trust will be sufficiently satisfactory to pass the Claim.

I am most respectfully
your obt. servt
[signed] John B. Ogg
Page 69

Portsmouth Va. Feby 20th 1845
Dear Sir
Some six weeks ago, I inclosed to you the affidavit of Mrs Elizabeth Taylor the widow of Peter Taylor deceased, a pensioner of the U. States  under former laws, and shewing that she is entitled to be placed on the pension roll under the act of the present Congress. If it has been received may I be permitted to call your attention to the name As the attorney for the legal representative of Capt Thos. Bressie who was in the Revolutionary War. I would ask if there is not some money due for the half pay of him as an officer in the War of the Revolution. He has
been informed that there is a certain sum of money designated or allowed to the legal representation
yours Respectfully
[signed] James Murdaugh

[left margin on edge]
Ansd feb 21 1845
Page 70

Norfolk Virga.
9 May '36

Sir

I take much pleasure in presenting this by the hand of C. M. Braxton a gentleman of distinction at our bar.  He visits Washington with the purpose of urging a claim for Revolutionary service, which, I understand, is supported by the affidavit (among others) of Col. Stephen Wright, who, for more than a half century, has sustained an unsullied reputation here.
With great respect &c Yf. Ob. Ser.
Geo. Loyall

The Sec of the Treasury
Page 71

Ho. of Reps.
June 28 '38

Sir:
Be pleased to inform me what your decision is in the case of Capt. Tom Bressie presented by Mr. Ogg some time since.

Resp
Yr obt ser
[signed] F. Mallory

[signed] J.L. Edwards Esqr
Comm. Pens
Washing.
Page 72

In the name of God Amen, I Thomas M. Bressie of the County of Currituck and State of N. Carolina considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed be Almighty God for the same do make and publish this my last will and testament in manner and form following (that is to say) I give and bequeath unto my beloved wife Elizabeth Bressie all of my real and personal estate goods and chattels of what kind and nature after all my just debts are paid and
Lastly I constitute and appoint my beloved wife Elizabeth Bressie sole executrix of the last will and Testament hereby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal this 15th day of July 1824.
[signed] Thos. M. Bressie {seal}

Signed Sealed Published and Declared by the above name T. M. Bressie to be his last will and Testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the Testator.
Teste, John Vangover. [signed]

[illegible court seal at right]

Norfolk Borough, At a Hustings Court held the 26th May 1828.
The Last Will and Testament of Thomas M. Bressie deceased was proved by the oath of John Vangover a witness thereto and Ordered to be Recorded - And on the motion of Elizabeth Bressie the Executrix therein named who made oath thereto and together with Lewis Cason and John Vangover her securities (who justified) entered into and acknowledged their bond in the penalty of one thousand dollars conditioned as the law directs certificate is granted his for obtaining probat thereof in due form.
Teste,
[signed] Swepson Whitehead C.C.

Norfolk Borough, At a Quarterly Session Court held 22'd day of November 1830 The Last Will and Testament of Thomas M. Bressie deceased (which has been heretofore proved in this Court by the oath of the subscribing witness thereto andordered to be recorded) was this day frther proved by the oath of Lewis Cason to be wholly written and signed in the proper hand writing of the Testator
Page 73

Recd 24 July 1835

Testator that he has seen him write and thereupon the same now ordered to be recorded.

Teste
Swepson Whitehead cS aw

Virginia Norfolk Borough to wit: 
I John Williams clerk of the Hustings Court of Norfolk Borough in the State aforesaid do hereby certify that the foregoing is a true copy from the records of the said court and I further certify that on the 27th day of January 1834 a licence issued from the clerk office of the said court for the intermarriage of Mr. James D. Fisher with Mrs Elizabeth Bressie and that on the 11th day of May inst Arthur Cooper a Minister of the Methodist Episcopal Church (duly anuthorised) made return to the said office that he had on the 29th of January 1834 in pursuance of the license about referred to celebrate the rite of matrimony between the said James D. Fisher and Mrs. Elizabeth Bressie the widow of Thomas M. Bressie deceased.  
In testimony whereof I have hereunto set my hand and affixed the seal of the said court at my office aforesaid this 11th day of May in the year of our Lord one thousand eight hundred and thirty five and of the Independence of the United States the fifty ninth. 

[signed] John Williams C. C. 

[illegible Court Seal lower left]
Page 74

Henry Northup, Esq. 
Worthington City

This letter has been unopened and returned to the writer

[date stamp]
Worthington City
APR 12
Page 75

Washington City 10th of April 1845
Sir  I arrived at home on Saturday last and found your insulting [marked out: letter of the] and un[?]table letter, you sir it seems are too great a personage to be addressed, and sir is it come to this, that I am to ask J. W. Murdaugh whether I may have the honor of addressing him, sir I ask you [?] no man living whether I shall write him, this I will do or not as I please and and [sic] he may read them or not as he pleases. Sir I would ask you if there has been any more interference on my part with "your business" than there has with mine on your part, and again you say that "you have been endeavoring to obtain this fund for Wm Bressie who you knew was not entitled to it" This sir is not the fact I believed Thos Bressie one of the heirs untill [sic] after I saw you on the 24th March, but sir for argument sake admited [sic] admitted. And in return I charge that J. W. Murdaugh is trying to get it for a man who he "knows is not intitled [sic]" [?] sir in representing to the department that I was endeavoring to procure this fund for Wm Bressie who I knew was not intitled [sic].  Will you also go further and state to the department that you J. W. Murdaugh are then trying to get this fund for a man which you know is not intitled [sic] and that the Administrator and his securities are said to be insolvent. Then sir state to the department the whole truth and not state such part as suits your convenience and suppress the rest.
I sir will ask you in a [?] point of view where is the difference or [?] between us.  I, trying to get for Thom Bressie who I knew not at the time was not intitled [sic].  And had given as tendered good and solvent security and you trying to get it for a man who you knew was not intitled [sic] and who and his securities are said to be insolvent. So for for a comparison and for the public to decide between the honorableness of the parties.
Now sir for the "unwarrantable interference" I must here give a statement and then leave it to the public to judge whether there has been more honor observed or less "unwarrantable interference" on the part of J. W. Murdaugh than on the part of [?]. The claim of Thomas Bressie for half pay was prosecuted by your late brother for some time without success and there the subject has slept undisturbed for two or more years.  About four years ago Mr Vangover spoke to me on the subject in the streets of Norfolk and wished me to undertake. I then declined it, being a claim I heard not of never having before heard of it.  Subsequently I have been led to think on an examination of [?] &c that the claims of Lt. Charles S. Bauchard and of Capt Thos Bressie were probably good claims for half pay, the pensions Depreciation and interest reissued is [?] that he must have served from the 30th of August 1777. The day of appointment to the period of dismantling and selling the navy in Nov 1781--The latter Capt Bressie reissued none nor settled no account nor is to be found on any rolls later than 1778  or 9.  Yet I have [?] received evidence in another officers' muster roll which I believed would go far to strengthen Bressie's case. Hence in January last, I contracted with Bauchs representatives and then [?] Dan Vangover the man who had spoke to me some years ago on the subject and proposed to undertake and prossecute [sic] the claim.  This he expressed great willingness but stated that since speaking to me four years ago the child of Mrs Bressies was dead and that he knew not now who was the proper party, but inclined to think that the heirs by the mother being extinct that  [?] relations were the proper parties and told me where to find one of them. I went to him and contracted with him in good faith verbally and it was understood that he would ad[?] at the Borough Court in [?] (the Jany Borough Court being then over) Subsequently say early in Feby I sent him forms and instructions-- On the 4th of March [?] writes me that he had applied at the late Borough Court to advise and was refused as Capt B D[?] in the County of Norfolk and that he named admix at the next County Court which when I saw him[?] I understood was done and afterwards it was discovered that administration had been granted two [?] at the Court before.  Thus sir this [?]
Page 76

who had let this claim sleep for Ten years and who had applied to sue four years
ago while the child of Mrs Fisher was yet living. After being called on by me in
January last and being informed that I believed I could get half pay in right of Mr
Bressie, after expressing gratification and upon deliberation believed (the
child of Mrs. Fisher being dead) that the heirs of Thomas Bressie were the proper
parties and sent me there to see and contract with them
Yet this same honorable, and high minded man after thus being called on
and advised that something could probably be got, and after his concluding
that another party were the proper [?] to contract with, Laudably after being 
thus informed although Tried by his sisters and failed ten years ago, this
man goes to you and contracts or employs you, and sir I am to be lectured
by you on the subject, a subject which Lawyers as you are you know what
little about as it is not the usual vocation of a Lawyer
Again sir as neither Vangover or Bressie are intitled [sic] to this fund and this J. W.  Murdaugh well knows I ask you with what [?] the assertion came from you that I was trying to get for Bressie who I think was not intitled here sir permit me to ask you one other question, to wit Vangover and his sureties are said to be insolvent and you are trying to get for man who you know is not intitled [sic] and him and his securities said to be insolvent, Whereas Bressie [?] gave good security. These statements I know nothing of more than hear say while in Norfolk, then sir you are trying to get for a man who you know is not intitled [sic] and who himself and securities are said to be insolvent and from whom the distributee an Adult daughter could receive nothing as she is the party intitled [sic], further I would ask you as a candid man to say which was safest for this daughter to have [?] upon to wit a stranger who had given good security or is from a parent who had given insufficient security and had made way with her money. The one she could sue and coerce has money if [?] securities were worth it but in the other case she would loose [sic] her money as but few Children would not sooner loose [sic]their money than have to coerce it from a parent by a suit at law
Such sir is the State of this case, and not until after I saw you on the morning of the 24th of March That Bressie was not one of the heirs, I had untill [sic} then supposed that he was.  The more especially as Vangover expressed such opinion and [?] me there in January last, but when on that day he Bressie gave me the whole history as to Mrs Bassie afterwards Fisher who with one child survived her husband Fisher and then died her child surviving her who died in infancy two years ago, and that Mrs Fisher had an only sister ____ wife of John Vangover who died six or eight years before Mrs Fisher leaving a Daughter now of lawfull [sic] age who had been driven expelled or compelled to have her fathers house from the treatment of such father and step mother and who had been now living two years with strangers and working for a living, I am here willing to admit that my feelings were enlisted on the side of the unfortunate and in opposition to her father whose case was any thing but that of a gentleman and man of honor, should not such a man who after the Claim had been rejected and lain for ten years, upon being called on by a person who (pardon [?] all who know me from the department claim will concede that I know as much or more on the subject of Revolutionary matters than any one else be that person whom it may). Upon his concluding to [?] and prossecute [sic] the claim as an act of Common Justice and honor should not he have given this person who had called on
him and stated that he believed he could re[?] a claim which had been rejected ten years ago the refusal of prossecuting [sic] such claim provided he would prossecute [sic] the same as [?] as another. But sir such is the sense of honor of this man who you are trying to get this fund for and from his daughter the rightfull [sic] [?] who will probably never get anything or little or nothing
I had this statement from Mr Bressie who I understood was the agent and friend of the daughter upon having the memoranda and doth
Page 77

I knew the substance or form of the necessary Order of Court for Mr Bressie who as I understood was the friend or agent of the daughter.
I am neither at court nor saw any person related to this business other than to learn to whom this fund would descend, but on Tuesday 24th I learned of Bressie that the witnesses had been found and their affidavits taken in open court and the proper order of Court made, and in the evening I called at the Clerks office to see the order.  I then suggested to Bressie that the young lady should on the next day go in to Court and adm'r on Mrs Fishers estate or get some one else to do it.  And this sir is the last that I know of the business--I only know that on the same day that I saw you I for the first time learned that Wm Bressie had no interest and that an adult Daughter of Vangovers was the proper party.  This I learned from Bressie and by and through him all subsequent moves were made he being the friend and agent of this  young woman.
But sir to be serious I would ask you what hopes or prospects you, J. W. Murdaugh have in getting this claim, have you any evidences of any shape or [?] except those furnished by your late brother or a [?] of the same and when the claim was rejected more than ten years ago on this evidence [marked out: yo] do you now expect to get it allowed on the same evidence.  Great as you are in self [?] (for no man is to be otherwise who would have wrote the insulting letter which you have done who had not the most exalted opinion of his own importative greatness) I much doubt if you will be able to convince the department that you J. W. Murdaugh are a greater man than your late brother and get a claim allowed on the same evidence on which it was rejected when presented by him--Sir when I wrote you on the 26th of March I gave you a full statement of the facts. This man Vangaver who had called on me four years ago and who in consequence of discussing new evidence such as I believed would authorize the [?] of the claim I had called on him in January last and who after deliberating came to the conclusion that Bressies heirs were the parties intitled [sic] and [?] where to find one of them who I called on and contracted in good faith and yet subsequent to this day this man Vangaver destitute of all sense of honor calls on you and contracts--and then I am to be insulted by J. W. Murdaugh and charged with an "unwarrantable interference with his business and trying to get this fund for a man who I know is not intitled [sic]. While at the same time he is still trying to get this fund for a man who he knows is not intitled [sic] and who and his  securities are said to be insolvent and this man can have the insolence to charge me with an unwarrantable interference in  his business.  Sir you are mistaken in your man.  I ask naught of you can ask nothing I write you when I please (allways [sic] preserving rough copies) and you can read or not as your please.  With respect to the department I would ask you seriously whether you believe that a man who lives at the seat of government where at any time he could be arrested if any fraudulent act of his was discovered and who has pursued this business for twenty nine years and has thus far passed unscathed is now at this day to be implicated and called to account by J. W. Murdaugh.
Sir I have written long but your insolence is the only excuse. I when writing you on 26th of March wrote you a plain statement of the case and of the conduct of this man Vangaver when you reply by your insolent letter As though you J. W. Murdaugh were too great and important personage to be written to by me.  Whether this claim could be allowed or not I will not pledge but I [??] in saying that J. W. Murdaugh will have his labour for his pains even should the decision of the Attorney general be favourable before whom the subject has been for the last two to three weeks to wit the application of a section in the general appropriation bill which provides that no case shall be reopened
Page 78

reexamined nor shall any original case be admitted which has been more than six years since last adjudicated or more than six years since the claim was due and should have been presented.  This sir if the attorney decides in favor of the validity of the act is a
repealing of all laws even the pension laws. to wit a person entitled has omitted to apply for six years although she may not have known her rights untill [sic] recently. When the decision will be handed down is uncertain suffice it to say that all claims of more than six years standing are now hung up
Yours &c
Henry Northup

P.S. lest you should not take this out of
the post office I shall pay the postage


Henry Northup Eqr
Washington City

This letter has been
unopened & returned to 
the writer
Page 79

Thomas M. Bressie's Will
A copy

40.c
Page 80

In the name of God Amen.  I Thomas M. Bressie of the county of Currituck and state of North Carolina considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed be Almighty God for the same. Do make and publish my last will and testament in manner and form following that is to say - 

I give and bequeath unto my beloved wife Elizabeth Bessie all of my real and personal estate, goods and chattles, of what kind and nature after all my just debts are paid off.  Lastly I constitute and appoint my beloved wife Elizabeth Bressie sole executor of this my last will and testament, hereby revoking all former wills by me made.  In Witness whereof I have hereunto set my hand and seal this 10th day of July 1824. 

Thomas M. Bressie (Seal)

Signed sealed published and delivered by the above named T.M. Bressie to be his last will and testament in the presence of us who have hereunto subscribed  our names as witnesses in the presence of the testator. 

Test
[signed] John Vangover
Norfolk Borough At a Hustings Court held 5th May 1828

This last will and testament of Thomas M. Bressie dec'd was proved by the oah of John Vangover a witness thereto and ordered to be recorded.  And on the motion of Elizabeth Bressie the executrix therein named who made oath thereto and together with Lewis Cason and John Vangover his securities (who justified) entered into and acknowledged their bond in the penalty of one thousand dollars conditioned as law directs certificate is granted her for obtaining probate thereof in due form. 

Teste
[signed] Swepson Whitehead CC 
Norfolk Borough, At a quarterly Session Court held the 22nd day of November 1830.
The Last Will and Testament of Thomas M Bressie deceased ( which has been heretofore proved in this Court by theoathof the Subscribing Witness thereto and ordered to be recorded was this day further proved by the oath of Lewis Cason to be wholly written and signed in the proper hand writing of the Testator, that he has Seen him write and thereupon the Same was Ordered to be recorded.
[signed] Teste, Swepson Whitehead Esq Cur

[signed] A Copy Teste. Jno. WIlliams CC
Page 81

Portsmouth Va Oct 10th 1845

Dear Sir
In your letter of March 28th ult. acknowledging the receipt of mine inclosing the Power of Attorney &c in the case of Thomas Bressie deceased, you state "There is no satisfactory proof in this office that he served after 1778.  If he did not serve after that time the representatives have no claim whatever under the Act of July 5th 1832" subsequently I furnished the evidence of his service until the end of the War, which is to be found in the affidavits of Elizabeth Owens, Isaac McDaniel, Spivey Wyatt, Ann Lewis and Stephen Sikes copies of which were obtained from the Secretary of the Commonwealth of Virginia and forwarded to you.  This evidence of service I presume was satisfactory to prove that he served after 1778, for in your letter of May 28th last after acknowledging the receipt of my letter &c you state "It does not appear that he served in either of the Regiments mentioned in the Act of July 5th 1832."  I now send you copy of part of the Journal of the Council of this State of the 19th March 1778, which shews beyond all question, that Captain Thomas Bressie belonged to the 2nd Virginia Regiment, a Regiment mentioned in the Act of 5th July 1832.  The evidence furnished must be conclusive, and I hope you will no longer delay the allowance of this claim.  Let me know if this shall be received.
Yours Respectfully
[signed] James Murdaugh
Page 82

City of Wash:  6 June '42

F.A. Dickens
inquiry as to Revy Services
of Capt. Thos Bressie

Rec'd 9 June '42

Tho. Bressie
Va line


Respectfully referred
to the Comr. of Pensions
3 Aud Officer
June 9 1842

Audr. BH
Page 83

Washington, 6 June 1842

Sir,

I will thank you to inform me what evidence the revolutionary records in you office furnish of the services of Capt. Thomas Bressie of the 2d Va. State Regiment - particularly how and in what way he left the service or was last in service.  Be as good as to return the enclosed Power of Attorney.

Yours Respectfully
[signed] Francis A. Dickins


[signed] Peter Hagner, Esqr.
3 Auditor.
Page 84

Revolutionary Account of Captain Thomas Bressie of the Virginia State Line from 1776 to 1781


To five year services > $3,000
To five years clothing  > >700
To five years rations > >1,350
---------------------------------
> > > > > > > > > > > 5,050
---------------------------------
To interest 72 years > >21,816
---------------------------------
Aggregate Amount  > $26,866


The Statutes of 1781 and two declare that these arrearages Shall be paid in Specie at or with Six per Cent interest.  if I have overcharged in anything please to Correct it and let me hear from you at the earliest moment,
Yours Truly
JLC
Page 85

Portsmouth Va  March 25th 1845

Dear Sir

Some weeks since I wrote to you making an inquiry, whether my brother now deceased had filed in your office, papers &c relative to the claim for half pay due to the Representative of Thomas Bressie deceased who was a Captain or Maj. in the War of the Revolution, to that letter I have received no answer, and presume from the lapse of time I need not look for one, and I have supposed you may have thought I had no right to make any inquiry as to the subject.  o avoid or obviate any objection as to that score, inclosed you will find the administration bond of John Vangover on the estate of Thomas Bressie deceased, as also a power of attorney executed by him to me, to receive the money that may be due, all of which you will find certified under the seal of the Court.
From what I learn the amount to be paid is above $5,000   if so, the penalty of the bond will not cover the amount.   I therefore ask for the payment of the sum due, if there shall be any particular form required in making this application, inform me thereof and it will be complied with.  Be pleased to acknowledge the receipt of this.

Yours respectfully
[signed] James Murdaugh
Page 86

Rec'd 6 April 1835                    1042

Sir 
I present herewith documents to support the application for the five years full pay, with interest in lieu of half pay; or for the half pay from April 1783 to 1802 for Major Thomas Bressie who was a meritorious officer of the Revolutionary War.

I am not one of those who make a business of prosecuting these claims and have Engaged in the management of this claim more from feeling of humanity than otherwise. 

I have deferred the presentation of this claim while the adjournment of Congress should have afforded you more leisure for the investigation to which I now by leave to call your attention
Page 87

The heirs of Major Bressie have drawn the land which was awarded, and as there can exist no doubt of his having served untill the end of the war I presume there will be no hesitation in allowing the half pay, or commutation pay with interest in lieu of half pay for life;  The evidence shews that Major Bressie was alive in the summer of 1802  We are satisfied (in the absence of positive proof of the day or month of his decease), to have the allowance Computed to April 1802 - or to such other time as you may consider warranted by the proofs.  Mrs. Lewis is a niece of Major Bressie and his
Page 88

Admix de bonis non;
I send you herewith
1.  Her letter of attorney to me. A
2.  Her order of qualification in the Court of Norfolk County under the seal of the Court, B
3  The record of the evidence on which the Executive of Virginia, passed the claims for Bounty Land  C
4  The additional Evidence of the now Senior Magistrate of Norfolk County Colo. Stephen Wright D
5  The affidavits of Miss Sally Tucker, and of Mrs. Mary Gaskins shewing the death of Major Thomas Bressie in 1802  E.  E.  
6  The Copy of Wm. Lewis admon boni,   F.
7  A Copy of the will of Thomas M. Bressie the only son of Major
Page 89

Thomas Bressie - G.  [right] FAD

I hope these documents will be satisfactory to the department but if they are not I shall be pleased to know wherein they are deficient.

I will visit Washington on the 15th of April, and will call on you, unless in the interim you shall have advised me of your allowance of the claim;  or of the necessity for other documents,

I am Sir with high respect
Yr. Mo Ob.
[signed] Carter M. Braxton

B-9  April 6
Dickins

Norfolk, Va.
March 20 1835

To the Hon:
Levy Woodbery, Secrty. of the Treasury
Page 90

Portsmouth Va  May 14th 1845

Dear Sir

I have been every morning expecting a letter from you, but as yet none has been received respecting the claim of Major Thomas Bressie deceased.  I have been in hopes that the matter would have been closed on this.  I expect to leave home on tuesday to attend the convention of the Protestant Episcopal Church to be held for the Diocese of Virginia in Fredericksburg, and as I should be so near Washington, in my way home, I might go and attend to this claim, if my presence were required.  If therefore you will write me tomorrow (that is the day you will receive this) I shall receive it on sunday morning, or if you write so as to mail the letter that it may leave Washington on saturday morning via Baltimore, it will be received on sunday morning, otherwise I cannot get it, before I leave home on tuesday morning, as the Richmond Steam Boat leaves about the time of the arrival of the Baltimore Boat.

Yours Respectfully
[signed] James Murdaugh
Page 91

Fredericksburg May 22 1845

Dear Sir

Your letter addressed to me at this place I have just received and I am astonished to learn you have received no evidence of the services of Maj. Thomas Bressie after 1778.  The evidence which was on file in the office of the Executive of Virginia, I procured a copy thereof and transmitted it to you some weeks ago.  The evidence consisted of the depositions of three or four persons shewing his service during the War, and from my remembrance of it, shews he was in service at the time of the surrender at York Town.  Permit me therefore to inquire of you if this evidence has been received, I am fearful it has not come to hand, if not I must procure another copy and forward to you.  Write me immediately and direct to this place as I shall remain here until monday, and I can stop in Richmond and procure this evidence which never came to hand.  It is possibly you may not have regarded this as evidence as it was only certified by the Clerk of the Court of Virginia without the seal of the State annexed - I thank you for directing to me at this place.

Yours Respectfully
[signed] James Murdaugh

N.B.
I have asked you to write and direct your letter to me at this place, I will withdraw this direction, and ask you to direct to me Richmond Va.
JM
Page 92

W. Dept [War Department]
P. Off [Pension Office]
11 July 1855

Sir,
In answer to your letter of the 23'd May to the Secretary of the Treasury. I have to inform you that it contains nothing to alter the decision made by the Secretary of the Treasury on the claim of the legal representatives of Thomas Bressie under the act of Congress of the 5 July 1832.  The act only provides for the claims of certain officers or their legal representatives of the regiments and corps named in the 2d section of that act and Thomas Bressie does not appear to have been an officer of either of those regiments or corps.

I am &c
[signed] G.W. Crump
Actg. Comr. of Pensions

[signed] C. M. Braxton Esqr
Norfolk Va
Page 93

Portsmouth Va. March 8th 1845

Dear Sir

My brother John W. Murdaugh in his lifetime, was engaged in prosecuting the claim for the commutation or half pay due to the representative of Major or Capt. Thomas Bressie due the services of Bressie in the War of the Revolution.  Recently I have been engaged to attend to this claim, and an administrator qualified at our last Court, the former administrator having died.

My object in writing is to ascertain from you, if this claim has been allowed.  I learn from the representative, that he had been informed, the claim was allowed, and the money would be paid over so soon as an administrator had qualified on the estate of Bressie.  May I ask the favour of you, to communicate such information relative to this claim, as you possess.  There are so many office in Washington, that I do know I am writing to the proper offices, if not I must request you to hand this over to the proper offices of the government.  I should be pleased to hear from you immediately.

Yours respectfully
[signed] James Murdaugh
Page 94

Norfolk  21 Mar 1839

Dr. Sir
I wrote you some 6 or 8 months past requesting a Copy of all the papers filed in the Claim of the heirs of Capt. Thomas Bressie of the Revolutionary Army  since when I have none of your favours  I again desire a Copy of the papers inless you are disposed to give the claim a more favourable examination.

I am with Respect
[signed] John B. Ogg
Atty for the heirs
Page 95

Washington 17 Sept. 1845

Rec'd of the Commissioner of Pensions eleven papers relative to the claim of Thomas Bressie, under the act of Congress of the 5th July 1832 for the purpose of preparing a statement, &  I promise to return the said papers with such statement as soon as I can get the same made out.
[signed] Francis A. Dickins
Page 96

Portsmouth Va. June 2nd 1845

Dear Sir
Your letter of the 28th Ult. has been received and I regret to learn you have decided adversely to the claim of the representative of Thomas Bressie deceased for half pay.  I had expected a favourable decision from the evidence submitted.  I am not however satisfied, the evidence I transmitted to you some weeks ago was received, which consisted of copies of depositions of Spivey Wyatt, Ann Lewis & others procured from the Secretary of the Commonwealth.  This was to my mind perfectly satisfactory as to the service after 1778 which you required by former letters.  You now state, it does not appear that he served in either of the regiments mentioned in the law of 5th July 1832.  I commenced this letter last evening, and have this morning (that is the 3rd June) received your letter directed to me at Richmond, in which you state the evidence transmitted by me was not received, how it miscarried I cannot possibly conceive.
Yours Respectfully
[signed] James Murdaugh
Page 97

Portsmouth Va. June 30 1845

Dear Sir
When I had the pleasure of seeing you on friday last you promised to send me one of the copies of the evidence furnished in the case of Thos. Bressie dec'd.  thinking it a possible case it may escape your memory from the multiplicity of the business of your office.  I have concluded to write this, simply as a memorandum for you.  It is probably you may have transmitted it, and the mail in the morning will bring it.

Yours respectfully
[signed] James Murdaugh
Page 98

Ex'd

Copy Will of Thos. M. Bressie decd.
G



31st

Mr. Braxton
Page 99

In the name of God Amen, I Thomas M. Bressie of the County of Currituck and State of N. Carolina considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed by Almighty God for the same do make and publish this my last will and Testament in manner and form following that is to say; I give and bequeath unto my beloved wife Elizabeth Bressie all of my real and personal estate goods and chattels of what kind and nature after all my just debts are paid &c Lastly I constitute and appoint my beloved wife Elizabeth Bressie sole Executrix of this my last will and testament hereby revoking all former wills by me made. In Witness whereof I have hereunto set my hand and seal this 15th day of July 1824.
Thos M. Bressie {SS} [being his seal]
Signed Sealed published and declared by the above named T. M. Bressie to be his last will and testament in the presence of us who have hereunto subscribed our names as witnessesin the presence of the Testator - Teste
[signed] Jno. Vangover -

Norfolk Borough, At a Hastings Court held the 26th May 1828.
The Last Will and Testament of Thomas M Bressie dec'd was proved by the oath of John Vangover a witness thereto and Ordered to be Recorded. And on the motion of Elizabeth Bressie the executrix therein named who made oath thereto and together with Lewis Cason and John Vangover her securities (who justified) entered into and acknowledged their bond in the penalty of One thousand Dollars conditioned as the law directs certificate is granted her for obtaining probat thereof in due form.
[signed] Teste, Swepson Whitehead &: CW:

Norfolk Borough, At a Quarterly Session Court held the 22d day of November 1830 The Last will and testament of Thomas M. Bressie deceased (which has been heretofore proved in this Court by the oath of the subscribing witness thereto and Ordered to be Recorded) was this day further proved by the oath of Lewis Cason to be wholly written and signed in the proper hand writing of the Testator that he has seen him write and thereupon the same was Ordered to be Recorded -
[signed] Teste, Swepson Whitehead &: cw:

A Copy
[signed] Teste Jno. Peters DyC-
Page 100

Washington
Sept. 12th 1846.

Ho'l.
Wm. L Marcy
Secretary of the Dept. of War.

For & on behalf Dempsey Nash to whom the County Court of Norfolk, Virginia, has committed administration de bonis non, of the estate of Capt. Thomas Bressie deceased: (& of James Murdaugh Esqr. the attorney of s'd [said] admr.) I appeal to you from the decision of the Commr. J. L. Edwards Esqr; in disallowing the claim for half pay due for the Services of s'd Thomas Bressie, as an officer in the Second Virginia State Regiment, during the revolutionary War.
The Evidence is brief, (& conclusive in my judgement,) altho' the bundle has been Swelled to a formidable size & appearance, by irrelevant letters & disputations of agents &c.
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2

The Evidence Consists,
1st. Of the Certificate issued to him by [lined thru[ order of the Committee of Safety, [/lined thru] as Capt: 15th. Feby 1776.
Exhibit B.
& certificate of payment to him as Capt - 15 Jany - 17 & - No -3 - C -
2d. The Commission issued to him by the Gov'r and Council of Virginia, to have relation to 13 - May 1776, as Capt. in 2d State Reg't of Virginia.

Extract from Ex. journal, of 19. March 1778 - Exhibit D. 1. & Exhibit - no - 2 - K -
3d. The Certificate of the gov'r & Council of Virginia issued for seven years services performed by s'd [said] Capt. Thos. Bressie. Exhibit E. 4-

The first & second State regiments, of Virginia, were raised under An Ordinance of Convention of Virginia during the interregnum.
See Ordinance of Convention of July 1775,- 9th. Hennings Statutes at large. p. 9- & 10-
The Executive power, during the interregnum in Virginia, were Exercised by a General Committee of Safety & by district committees of Safety.
This ordinance of July 1775, directed the subaltern officers of these regiments to be appointed by the district Committees of Safety, the Commissions & ranks of the Captains & Subalterns, to have precedence & date, by
Page 102

3.

relation to the priority of the Completion of their respective Companies.
See 9. Henn: Statutes - p. 11.

In June 1776, Virginia adopted a Constitution, & the Executive powers were thereby vested in a gov'r & Council & thereafter, the powers of the General Committee of Safety ceased as to the issue of the Military Commissions, and the Gov'r & Council issued Commissions in the Second regiment issued to him, having relation to 13th-May 1776, the day of completing his Company under the previous appointment given to him by the Committee of Safety - (Exhibit D.1. before mentioned.)
By this it clearly appears, that Capt. Thos Bressie entered the military service of Virginia, as early as 15. Feby 1776 - as a Capt: in the 2d. Virginia Regt. raised for State defense.
By the Certificate E.4. the whole case is made out. It is a certificate by the gov'r & Council that Capt. Thos. Bressie served seven years, - (which was to the End of the war in Virginia.)
The gov'r & Council were Eminent men, elected to of fire by the legislature of Virginia. They

[left margin]
See.
9. Henning's
Statues
p. 109.
112.
115.
116.
[/left margin]
Page 103

4.

had, the books, accounts & papers relating to the army of the revolutionary War. In granting this certificate for Seven years Service of Capt. Thos. Bressie, the Gov'r & Council were acting under their Oaths of office, & their official responsibility. It can not be presumed, that the gov'r & Council certified falsely, or acted from any Sinister motive.
By the Court: U: S: Art: 4 - Sect 1, "Full faith & credit shall be given in Each State to the public Acts, records & judicial proceedings of Every other State. And the Congress may, by general laws, prescribe the manner in Which Such Acts, records & proceedings shall be proved, & the Effect thereof."
In pursuance of the power so delegated to the Congress, the Act approved 27. March 1804, (3. vol: laws U:S, Ed: by Bioren & Duine, p. 621 - Capt: 409.) did declare the effect of Such public Acts, records, & Judicial proceedings; They "Shall have Such faith & credit given to them in Every Court, & Office within the United States, as they have by law, or usage, in the Courts or offices of the State from whence the same are or shall be taken."
This certificate so issued by the governor & Council, a copy from their record of their official acts being filed in the office of the Comm'r of Pensions, &c, is, by
Page 104

5.

the Act of the Congress & by the Constitution, entitled to the faith & credence by the officers of the Federal government, which by law & usage the officers of the State of Virginia themselves would give to the Said copy from the Executive journal.
If it is Evidence in Virginia, it is Evidence in all the offices, of the United States, & within the United States, wheresoever produced; and full faith & credit is due to Every fact therein Stated.
The Acts of the Congress Approved 5th-July 1832 Sect. 3. (Vol. 8th p. 654) assumed, upon the government of the United States, the payment of the obligations for half pay which the State of Virginia owed to her officers of the revolutionary war upon State Establishment. That act directs payment at the Treasury of the United States, of "those claims for half pay of the officer of the aforesaid regiments & corps, which have not been prosecuted to judgements against the State of Virginia, And for which the Said State would be bound on the principles of the half pay cases already decided in the Supreme Court of Appeals of Said State"=.
By the decision of the Supreme Court of Appeals
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6

of Virginia, all their officers who Served to the End of the war; & all those who did not resign but who were reduced or Supernumerary Officers having no Command or active duty by reason of the reduction of their regiments, who were liable to be called into active Service & Command, but who were not actually called into service &c, are Entitled to half pay under the promises held out to them by the laws of Virginia.
Thomas Bressie Entered the Service as a Captain. He never did resign. If he resigned the Evidence thereof must have been in writing, accepted by the gov'r & Council of Virginia, & so would have been in possession of the gov'r & Council among the archives of the State.
Upon the necessity, of resignation in writing & of acceptance, I refer to the Ordinance of 1775 - & the terms, of Enlistment, discharge, & of resignation, under which these two regiments were raised; 9. Hennings Statutes of Virg: p. -12- 81- 95- 96.
The officers had not an unqualified right to resign at pleasure. The agent of the Committee of Safety, & thereafter of the gov'r & Council was necessary. Notice of a desire and intent to resign
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7

[left margin] 
10. Henn:
p. 25.
[/left margin]

was required to be in writing - (9. Henn: 96-&81.)
The half pay for life was promised as an inducement to the officers to Continue in Service during the war, whether in actual Command & upon full pay; or without actual Service Command, & as Reduced Supernumerary officers liable to be called into Command as the exigencies of the war should require: These supernumeraries, who had not Command & Therefore not full pay; were entitled to half pay from the time of the reduction & their being out of Command as Supernumerary.
So are the decisions of the Court of Appeals of Virginia. 1. Leigh's repts - 516- to 525.
The negative, that Capt: Thos. Bressie did not resign, is incapable of positive proof. But if he did resign, Such affirmative would be capable of positive proof, by showing the written resignation & acceptance. Such affirmative would be incumbent upon the State of Virginia to prove, (if alleged), by the production of the written resignation.
But no such resignation is alleged by the State of Virginia; no such Evidence is
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8.

produced: & the maxim of Law is, "de non apparentibus et on Existenlibes Eadem Case" - (Co: 2d. Inst: 20-)
This application for adjustment of the half pay at the office of the War department, stands upon the like evidence to Support, or to repel the claim, as if it was a suit against the State of Virginia. The United States have assumed the position of Virginia in relation to these half pay claims. What would be sufficient Evidence against Virginia, if the suit was there prosecuted, or the claim made upon the treasury of Virginia, must be Equally Competent & Sufficient against the United States, & the accounting officers acting in this behalf.
The copies produced from the books of Virginia, do show sufficiently that Capt. Bressie Entered the Service as a Capt: in the Second Virginia reiment in 1776, & served seven years; which was to the End of the war-
There is no colour of proof of his resignation, or of his being cashiered, or of disobedience of any order.
These regiments served to the North & to South in Continental service, & out of the State of Virginia part of the War, altho' raised for State defence.
The terms of the enlistments were so, so the facts were.
see 9. Henn: p: 72 - 85 - 337 - 338.
That Capt: Bressie never did resign, is corroborated (if the Certificate of the Gov'r &
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9

council, & the absence of any affirmative evidence of resignation, needed corrboration) by the testimony of witnesses on file.

To my mind it seems clear that the proof on file is amply sufficient to obtain a judgment against the State of Virginia, if the adm'r should sue that State as permitted by her laws.  If so, it would not accord with the act of Congress of 5th July 1832, either in its spirit, or unambiguous expressions, by which the Congress manifested their intention to relieve the State of Virginia from any other suits by her officers of the State line, or of her navy, for the half pay promised by her laws, to those who, became Supernumerary or who served until the end of the war in actual command.

The Court of Appeals of Virginia treated the claim for half pay as arising out a contract on the part of the State with her officers:  That "the fair , natural, Equitable & legal understanding of it is, to the end of the war, unless sooner discharged; - Discharged not for your crime of fault, but because it is to the interest of the State to discharge you:  we wish to save Expense to the State being now Satisfied that your Services are no longer wanted."
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10.

Supernumerary officers who were thrown out of Command, & service by the necessary reduction of the corps until they could be reinstated by new levies, are entitled as well as those who were retained in Command & actual service to the end of the war.

The opinion & decision in Virginia, treats the Subject thus - "if there is precedent condition to be performed by the plff [plaintiff] to entitle him to his reward, & the defendant pleads that the plff has not performed it, it is a good replication for the plff to say, I was ready & offered to perform, but you the defendant prevented the performance."

The decisions allude to the doctrine, that between nations, & according to the laws of nations, war ends at different times & places, according to notice of the treaty of peace, after which acts of war are criminal.  "Thus I presume on the Signature of the preliminary articles of peace at Paris, & when that was made known in England & France (as it must have been long before it was made know here,) acts of war of war would have been as criminal there, as they would have been here after that event was made known here.  All this is very well between belligerents & their respective citizens & Subjects;  but I am greatly mistaken if it has any thing to do with the true construction of the Contract between the State (of Virginia) & her citizens, & the questions of law arising out it, as
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12

between those parties.  Can it be supposed that the law intended to reserve the power to the State, as soon as it was believed, from the course of events that the war was Substantially at an end, nay after it was known to be so, and within a few days before it is proclaimed, to discharge the army, leave the officers without Command, direct them to retire from the field, & then cry, you have not served to the end of the war?  Surely this was not the understanding of either party to this contract."

Those quotations are extracted from the Opinion of Judge Coalter, delivered in the case of Lilly v. the Comm'th. [Commonwealth] of Virginia, in the Court of Appeals - T. Leigh's reports - Also to be found in the report of Mr. Barbour from the Select committee of the house of representatives of the Congress, Jany 16th, 1832 & printed by order of the House - Reports of Committees of 1831-1832-Vol 1-report 191-p. 37-38, of that report.

In that opinion, (p.36 of the report No. 191) Judge C. notices the historical facts, that after the surrender by Cornwallis of the British forces under his Command at Little York, in Virginia, to the combined forces of France & The United States, on the 19th Octr. 1781, the enemy were shut up in their strongholds in New York & Charleston, so that Virginia had nothing to fear, until Great Britain could fit out a new Armament:  which "was not expected in as much as Sir Guy Carleton very soon after
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14

that event notified us that a Commissioner had gone to Paris, authorized to negotiate a general peace on the basis of American independence."  In consequence of which Virginia prudently determined to economize, & at the Nov'r session 1781, the legislature by an Act (10. Hennings Statutes at large p. 499.) directed a reduction of the officers of the State line, a consolidation of the troops into one Corps, by which many officers of the army were rendered Supernumerary;  that this course was pursued from time to time as the times for which the soldiers had been enlisted expired;  & by the same Act the navy was reduced, & the officers reduced to the number necessary for the Command of the look out boat Liberty.

The result, of the facts recited by judge Coalter, & of the Acts of the legislature cited, & of his deductions therefrom, is that the war was practically & substantially ended, the fighting in Virginia ended with the surrender of Cornwallis & his army in Oct'r 1781.  After that there was no more fighting in Virginia, & that the great victory & capture of L'd Cornwallis & his army at York, did in fact put an end to the war in Virginia, "After which new levies were not desirable but the reverse."  (Report No 191-p. 36-37.)

The decision of the Court of Appeals of Virginia upon the half pay cases, (reported in I. Leigh - p. 516-525,) are manifestly founded upon the principle, that a duly
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15

commissioned officer of Virginia who entered into service in the revolutionary war, to entitle himself to half pay after the war closed, was not bound to take on himself the burthen of proof that he served, until the final end of the war by the proclamation of the definitive treaty of peace signed at Paris on the 3d of Sept'r 1781;  nor until the provisional articles of peace, & armistice, were signed, the letter of Versailles on the 20th Jan'y 1781.  The former, at Paris on the thirtieth of Nov'r in the year 1782:  On the Contrary, to resist the claim of such an officer, the burthen of proof was incumbent on the State of Virginia to prove affirmatively that the officer had resigned, or had been cashiered for misconduct; or being a Supernumerary, had been ordered to take Command & had refused to return into actual Service & Command.

That an officer, resigned is an affirmative,-That an officer was cashiered for misconduct is an affirmative, - That an officer being out of Command as a Supernumerary was ordered to join the army & take Command but refused, is an affirmative.  The proof to substantiate either of those allegations, if true, was in the power & keeping of the State.  The State was bound, in the due course of an
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16

impartial & faithful administration of the laws, to keep the Evidences of all, resignations, trials, & convictions for mal conduct;  & Orders to Supernumeraries to reenter upon their active duties of Service & Command & of disobedience to such orders.  The State was interested, because of the engagements for half to the officers, to preserve the affirmative proof to repel any wrongful claim of half pay.

An officer or his legal representative can not be called on for proof of a negative, that he did not resign;  that he was not tried, was not Convicted, was not Cashiered, was not ordered to rejoin his Command, did not disobey such order.  The established rules of Evidence, forbid that any men shall be required to prove a negative, because in the nature of things it can not be proved.  By a rule of Evidence equally well Established, & universal, he who holds the affirmative allegation, bears the burden of proof to make good the allegation.

The proof is clear, beyond doubt, that Thos. Bressie was Commissioned as a Capt. in the Second Virginia regiment on State Establishment;  that he accepted his Commission, entered the Service, & was in service at the Surrender of Cornwallis at York, that he served in sd. regiment to the north, & to the south, (& to the end of the war.)

There is no colour of proof adduced to show that
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17
 
he resigned, or was cashiered for mal conduct, or that being out of Command as a Supernumerary, he was ordered to reenter the Service & disobeyed.

It is most respectfully asked for Demfrey Nash the admr. of the estate of Capt. Thos. Bressie, that the secretary of war will reverse the Decision of the Comm'r J.L. Edwards Esqr. & direct the claim for half pay to be allowed, adjusted, & paid.

[signed] Geo. M. Bibb
Solicitor for
D. Nash, coroner
acting of sheriff & adm'r
Page 115

Portsmouth Va.  March 28th 1845

Dear Sir

Some days ago, I transmitted to you the administration bond of John Vangover on the estate of Capt. Thomas Bressie deceased with a power of attorney.  A man by the name of Northup, Henry I think is his Christian name, has been knocking about here for some days or weeks, and from whom I received a letter today informing me, he had had a formal order entered in the Hustings Court of Norfolk Borough, shewing the Elizabeth T. Vangover was the sole heir and distributee of Capt. Thos. Bressie deceased which order I take upon myself to say, is not true, as she is only entitled to a portion of the fund a very small portion too.  At a proper time I shall shew you, who are entitled.  This man Northup as I understand, endeavoured to get a man named Wm. Bressie to qualify upon the Estate of Thos. Bressie.  The administration was granted by the County Court of Norfolk  County in February, and at the March Term this man Wm. Bressie applied to have the letters of administration of Vangover rescinded & granted to him - The Court made an order summoning Vangover to appear to show cause why his administration should not be revoked - he appeared in obedience to the summons, and Wm. Bressie abandoned all pretentions to his right of administration - for he was only a nephew of Capt. Thomas Bressie - Capt. Thomas Bressie died leaving an only son named Thomas M. Bressie who died in 1824 after having duly made and published his last will & testament in writing, by which he gave to his wife Elizabeth all his estate of every kind.

Elizabeth Bressie after his husband's death, married James D. Fisher, both of whom have died leaving an only child named Sarah Frances Fisher - James D. Fisher died first, Elizabeth Fisher his wife (formerly Elizabeth Bressie widow & legatee of Thos. M. Bressie) next - then lastly Sarah Frances Fisher their daughter died an infant.

Sarah Frances Fisher, left the following persons as her heirs and distributees, Elizabeth F. Vangover, a cousin being the daughter of Sarah Vangover dec'd. who was a sister of Elizabeth Fisher.  Sarah Frances Fisher also left the paternal uncle of the whole blood of whom is the security of John Vangover on the adminis
Page 116

tration bond, and two paternal uncles of the half blood;  and also two maternal uncles of the half blood.  I am not satisfied but that Sarah F. Fisher has also left a grandfather.

If these be the facts of the case, you will perceive what is intended to be practised - and according to our course of Descents the fund would have to be divided into two moieties, one moiety to go to the paternal side, and the other moiety to the maternal side.  Say for example $1,000 is to be divided, the maternal side would be entitled to one moiety which is $500

Elizabeth T. Vangover cousin of whole blood $250
one maternal uncle 1/2 blood  > > > > > > > 125
one maternal uncle 1/2 blood  > > > > > > > 125
--------------------------------------------------------
> > > > > > > > > > > > > >  > > > > > > >$500

The moiety on the paternal side if a grandfather the whole of $500  if two uncles of the half blood the same division as above of the moiety going to the maternal side that is each $250.

I presume from the letter of Northrup as he says he shall resist the payment of this claim, he will endeavor to shew that Miss Vangover is the sole heir or distributee.  
I will never lend my aid professionally or otherwise, to practise a fraud upon the government of my country;  for I endeavour to practise upon the maxim that "Honesty is the best policy."

I have thought it due to the Department to make this statement, which I have been recently put in possession of the adm'r.  Vangover may also be entitled as a distributee, as he also had a son, if he died subsequently to Sarah F. Fisher the father would be entitled.

I leave home in the morning and shall be absent until the 2nd of April, when I will write again.  Let me hear from you on the subject of this claim &c
Yours Respectfully
[signed] James Murdaugh
Page 117

Half pay allowed
Thomas Bressie decd
Captain
2d Regt. Va State Troops
July 23, 1850
Page 118

Pension Office
July 23d 1850

The Secretary of the Interior having decided, upon an appeal to him, that the claim of the administrator of Thomas Bressie, deceased, for half-pay under the act of July 5, 1832 should be allowed, I certify that for service of said Bressie as a Captain in the 2d regiment of Virginia State Troops, half-pay is due at the rate of two hundred and forty dollars per annum, from the nineteenth of October seventeen hundred and eighty one, to the first of June eighteen hundred and two, and that the amount is payable to James Murdaugh, of Portsmouth, Virginia, attorney of Lewis Casson, administrator of Said Thomas Bressie, deceased.

Commissioner of Pensions,

Approved
Secretary of the Interior
ad interim.


Enter this on Commutation Book
Page 119

Norfolk  March the 24th 1845

Gentlemen

I have addrest you for the purpose of entering a Protest, against your paying John Vangover or his Agent, or any other person or persons the amount that may be due Captain Thomas Bressie of the Revolutionary War for his half back pay, as the above named Vangover has not any Lawful right to Claim any part should there be any due.  Knowing myself to be the only rightful heir now living, hoping you will wait until I prove to your Satisfaction my asserted right.

I am Gentlemen
Your Obt. Servt.
[signed] William Bressie
Page 120

Norf. Va.  March 20, 1845

Dear Sir

I write to request that no claim which may be presented on behalf of the heirs of Capt. Thomas Bressie for his half pay for services during the revolution, or by John Vangover as his administrator may be allowed.  Administration upon the estate of my relation Major Bressie was improperly taken out and process is now pending to rescind the same and as soon as this shall be done notice will be forwarded to you.

I am Sir
Yours respectfully
[signed] Thos. Bressie
Page 121

Rank of the Officers of the Illinois Regiment and dates of their Respective Commissions
Louisville 28th Jany 1782

Names | Rank |    tes of Commissions

John Montgomery | Lieut Col'o | 11 December 1778
Thomas Quirk | Major | 17 August 1779
Robert Todd | Captain | 17 March 1780
Isaac Taylor | Captain | 18 March 1780
Abraham Kellar | Capt. Killed Dec. 12-81 | 19 March 1780
John Bailey | Capt. | 29 March 1780
Richard Brashear | Capt. | 30 May 1780
John Girault | Capt. | 3 June 1781
Michael Perrault | Capt. | 10 October 1781
Joseph Calvit | Lieutenant | 1 June 1780
James Montgomery | Lieut. | 2 June 1780
Abraham Chaplin | Lieut | 3 June 1780
Richard Clark | Lieut | 4 June 1780
Jarrat Williams | Lieut | 5 June 1780
William Clark | Lieut | 6 June 1780

This Certifies that the above is a true Roster of the Illinois Officers
[signed] G.R. Clark

It appears by the Returns of Colo. Montgomery's Regt. that there were raised in May 1779 - 350 effective men.
August 1780  Reduced to  130 men
at present with Recruits      130 men
John Montgomery Lt. Colo.
Comd't. Illinois

Casualties
Capt Keller.   Killed 12th December 1781 (Gen'l)
Page 122

Gen'l Clark's Commission (who was Colo of the within Regiment was dated January 2nd 1778

Attached to the foregoing is the following ～

Richmond April (Obliterated)
A Board of Officers belonging to the Western Department assembled at the request of Colo Davis - Agreeable to an Act of Assembly of last Session
Colo.John Montgomery President
Maj'r. George Walls
Maj'r. Thomas Quirk
Capt. William Cherry

The Board having considered the Order of Council of January 18th have proceeded to give their opinions as follows, relative to the Officers of the Western Department (obliterated) who are not entitled to the Benefit of half pay.

It is the Opinion of this Board that the Officers on the enclosed list of the Illinois Regt. are entitled to the Emoluments Allowed the Officers of the State by Act of Assembly.  As it appears they have been in service since the raising of the Illinois Regt. and continues in Service until deranged by Act of Assembly.  And that they have Behaved (whilst in Service) as Good Officers and Gentlemen.
[signed] John Montgomery Lt. Colo
Illinois Regiment

In Council Nov 14th 1783
The above Report ought to be considered as authentic
[signed] Benj. Harrison

(The)
Page 123

The foregoing is a true Copy of an Original paper, and the endorsements thereon. As also the paper attached thereto, now on file in this Office.
Given under my hand at the Auditors Office Richmond, this 25th day of October 1844.

[signed] Jas E Heath
Aud P. Accts
Page 124

In the case of the Admr. of Capt. Thos Breesie applying for the half pay.
The undersigned most respectfully submits to the Hon'l [Hon.] J. L. Edwards, Commr. &c, these additional notes & explanations of the Evidence on file. 
Having been born, & educated in Virginia & familiarized to the history of the proceedings of that state in conducting the war of the revolution, as well, by hearing from the mouths of many of the actors, officers & soldiers, & political men who were prominent in the revolution, as by reading the statutes & ordinances of that Commonwealth, the undersigned feels no hesitation in Expressing his full conviction that the evidence on file is amply sufficient to establish this claim for half pay. He believes that the following explanations, & references to the Ordinances & statutes of Virginia & to the constitution of the U. States, will lead the mind of the Commissioner to the like conclusion.
I.  The first & second regiments of regular troops of Virginia were raised under a resolution of the convention of Virginia of July 1775, during the interregnum, when the Legislative power of Virginia was Exercised by the
Page 125

members of a convention, when the state had no Governor & Council, & when the Executive powers of the State were Exercised chiefly by a general Committee of Safety, & by District & County Committees - when the army was by the ordinances of the Convention under the Control of the Committee of Safety.

By the Ordinance of Convention of July 1775, Hennings [in left margin  Hen. Statutes Vol. 9, p. 9] statutes at large Vol 9. p. 9 - Two regiments of regular troops were ordered to be raised for the defence of the Commonwealth - 

The field officers to be appointed from time to time or approved by the Convention, the deputies from each district therein named to appoint one Captain, two Lieuts & one ensign &c - : (p 10-)

The deputies of each district to appoint one place of rendezvous within the district. [in left margin   p 10.]  When any company was complete, & the men regularly enlisted according to the terms & regulations prescribed by the ordinance, the deputies, to order the Capt. to march immediately with his company to the place of general rendezvous - & to grant to the Capt. a certificate of the day when his company first appeared complete at the particular place of rendezvous in the district;  "which certificate being produced to the General Committee of Safety, the said Committee shall cause it to be entered in a book to be kept for that purpose

2
Page 126

"purpose & shall cause the like Certificates from all the other district Committees to be entered in the same manner:"
"And when all such Certificates shall be returned the same Committee of Safety shall & they are hereby required to grant Commissions under their hands to the officers of the Several Companies according to their Several appointments, fixing their ranks of Seniority and precedence According to the priority of the Completion of their Several Companies, Certified as afsd. - (p. 11 & 19 & 20)"
[in left margin  Hen: statutes. 9 Vol. p. 11 & p. 19 & 20]

"The Soldiers to be enlisted to continue in service so long as may be judged necessary by the General Convention; but not to be Compelled to continue more than one year, provided any Soldier, or Soldiers do give the Commanding officers three months notice in writing of his or their desire to be discharged at the end of such period."  (p. 12.)
[in left margin  p. 12. ]

The pay of each Capt. Lieut. & Ensign to commence from the days of their respective appointment by the district Committee.  (p 12.)
[in left margin   p. 12. ]

The whole army was under the control of the Committee of Safety, & they had charge of the 
payments to the officers & soldiers - (See p 15 & 16)
[in left margin  p. 15 16]

By ordinance of Decr. 1775 - the two former regiments raised under the Ordinance, of Convention of July 1775, were augmented by the
[in left margin   p. 75]
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addition of five Companies;  two Companies to be added to the first Regiment, the other three to the Second Regt.
[in left margin  G. Hen:  p 75-76]

This ordinance provided for raising six additional regiments;  one of them to be a German regiment -:
& also another regiment for the protection of Accomack & Northhampton counties - 
[in left margin  p. 76]

So that in all, there were by the Ordinances of July & Decr. 1775 - nine regiments of regular troops authorized by Virginia.

The system of appointing Captains & Ssubalterns & of determining their priority of rank & precedence in Ccommission by reference to the time of Completing their respective Companies, was the same as directed by the ordinance of July 1775 - (see p. 79)
[in left margin  p. 79]

- the terms of enlistmen were as in the ordinance of July 1775 - (p 81)
[in left margin  p. 81]

From this statement of the manner of appointing & Commissioning the first & second Virginia regiments under the ordinance of July 1775 & of the seven other regiments under the ordinance of Decr. 1775 - so authentic & incontrovertible, the papers on file [inserted 1 & 2, copies] from the public papers & office of Virginia, are relative to the Completion of Capt. Thos. Bressie's Company, the order for his Commission to serve, & the time to which


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[page] 5

his Commission was to have relation, will be understood.
The papers certified from the office of Virginia as to the order for Capt. Bressies Commission & as to the payment made to him as Capt. in 1778 [illegible] prove when Compared with Ordinances of the Convention of July & Decr. [Dec.] 1775, that Capt. Bressie did belong to the regular Army of Virginia, that he was not a mere officer of Militia; that he was among the first of the Captains of the second regiment who Completed their Companies, & were ordered to march to the place General rendezvous, & received Commissions in the regular Army.
Ⅱ-[?] It appears from the Ordinance of Decr. 1775- (G. Hen P. 95- & 96.) that the Officers appointed under the Ordinance of July 1775, or then or thereafter to be appointed, were to continue in service "so long as the regiments to which they shall belong shall be kept up, and that no officer hath or shall have right to resign but with consent of the Convention or Committee of Safety of this Colony. Provided, an officer willing to resign may do so at the expiration of the time for which the private"
[in left margin] G. Hen: p. 95-96
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"men are or shall be enlisted, on giving the like previous notice of such intention as is required of such private men." (G. Hen. p. 95-96)
[/eft margin] G. Hen: P. 95-96. P. 12. [/left margin]   

The notice required of private men, was to be three months previously given in writing -- G. Hen. p. 12- 1
[left margin] p. 12. [/left margin]

By this regulation as to resignations, the evidence of resignation was to be in writing, & by previous notice given, & by the acceptance or permission of the Committee of Safety or of the Convention, It was not to be done at the mere pleasure of the officer, &
by an unknown, obscure Act.
Capt. Bressie entered the service in the regular army of Virginia, in May 1776, or before. He could not resign, but by a public notorious act concurred in by the Constituted authorities of Virginia. No Evidence of his resignation is shown. So far as a negative is capable of proof the whole current of testimony proves that he did not resign, that he was in active service at the end of the war, 
Ⅲ-[?] It will be seen by the Ordinance of 1775-- G. Hen: p. 85-- that it was Contemplated & expressed, -- "that it may be necessary for the publick [public] security, that the forces to be raised by virtue of this ordinance should, as 
=ascension

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"occasion may require be marched to different parts of the United Colonies" -- therefore they were to be under the Controul [control] of the Committee of Safety, to be stationed at different places in the Comm'th [Commonwealth] of Virginia, or marched out of the State, as the public exigencies should require -- G. Henn: 85-86--:)
[left margin] G. Hen. P. 85-86.) [/left margin

When therefore the witnesses speak of Capt Bressie having been marched to the North, & served in the north, they are corroborated by the Declaration of this Ordinance.

[left margin] G. Hen. P. 179. [/in left margin]
Moreover by the act of Oct. 1776-- (G. Henn: P. 179.) it is recited that Virginia had Eight battalions of regulars in the Continental Service; that a ninth battalion formerly enlisted & in the Continental Service had expired by the terms of enlistment, but had been ordered to be reenlisted, therefore Six additional battalions were ordered to be enlisted, to comply with the requisition of the American Congress for fifteen battalions from the State of Virginia. In this act the former system is revised [illegible] of appointing Captains & Subalterns by district committees, and stimulating the officers to diligence in endeavouring [endeavoring] to enlist men by giving them seniority according to the times of Completing their Companies & the reviews at the place of rendezvous - By the act of Oct. 1777. (G. Henn: 337)
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it is to be seen, that Col. Geo. Gibson's battalion of State troops on Commonwealth Establishment, had been put in service on the Continental Establishment, instead of the Ninth Virginia Regt. captured at the battle of Germantown, & that Gibson's battalion, was to continue in the Continental service until the officers & men of the Ninth Regt. should be exchanged, or until the time for which the privates of said first battalion of State troops had been enlisted should Expire.
[left margin] G. Hen: p. 337. [/left margin]  

This same statute provided for reducing fourteen of the regiments to Eight Companies each; & for completing them by recruits - or by droughts from the militia in the manner therein provided for.
Furthermore this Act recites, that the number of 8,160- men rank & file, the proportion of Virginia required by the American Congress might be deficient. Therefore it was enacted that the troops raised for the service of the Comm'th [Commonwealth] of Virginia by the act of 1776, for internal defense, shall be forthwith regimented, & "that the men enlisted by such officers as had procured the smallest proportions of their quotas, should be transferred to such others as come nearest the raising of their full quotas, & that a battalion of such troops to consist of Eight companies if sufficient, if not then as many as there are be marched to join the Grand Army"
[left margin] G Hen: 338. [/left margin]
The act this provides for droughting from the militia if [illegible] for securing the completion of the Regiment; & encouragement was held out for volunteers -- (p. 346) --
[left margin] G. Hen: p. 339. [/left margin]   

8
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9.

These citations prove, that troops raised for the state service were put into Continental Service according to experience; that such troops on State Establishment were marched to any of the United Colonies, to the North of the South, & from one part of the State of
Virginia to the other. It is therefore not at all strange or incredible that the witnesses speak of Capt. Bressie as an officer of Virginia serving out of the Commonwealth & in IV-H.G. the Comm'th-- [Commonwealth].
Ⅳ-th     By the ordinance of 1775-- (G. Henn: p 26.) "for settling the rank amongst the officers as well of the regulars, as of the minute men, and militia, whenever they are joined in actual service," it was ordained, "That in such case the several officers of the regulars shall take rank of the minute men of the same rank; & the officers of the minute men shall take rank of the officers of the militia of the same rank; but the minute men shall not be under the Command of the militia officers, nor the militia under the Command of the minute officers unless drawn out upon duty together."
By this regulation it might happen in the course of service within the state & on sudden occasions that a Capt. in the regular army might command a portion of
[left margin] G. Hen 26. [/left margin]
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militia men called into service upon an Emergency.
Ⅴ.thly [fifthly] The public and official act of the Govt. & Council of Virginia (No. 4-[? illegible]) is awarding to the heirs of Capt. Thos Bressie, land bounty for seven years services, is certified by a copy from the Executive record of Virginia; & is entitled to full faith & credit.
This document covers the whole ground. But taken in connexion with the other evidence, by documents, & by affidavits of the witnesses, the case seems to my mind clear & irresistible.
By the Constitution of the U. States, (Art 4 Sect 1.) "Full faith & credit shall be given in each state to the public acts, records, & Judicial proceedings of every other state. And the Congress by general laws, prescribe the manner in which [underline] such acts, records,  [/underline] & Judicial proceedings, shall be proved, & the effect thereof." -
By the act of Congress approved 27th, March 1804. (3 vol: laws. U.S. by Boren & Duane, Chap 409. p. 621) the jurisdiction of Congress so given by the Constitution is exercised, in relation to "all records &
Exemplifications of office, which are or may be kept in any public office of any state not Appertaining to a court" --  and by sd [said] act it is declared that the

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the said records & Exemplifications "shall have such faith & credit given to them in every court and office within the United States, as they have by law or usage in the Courts or offices of the State from whence the same are or may be taken."
If this were a suit in the court of Virginia against the Commonwealth of Virginia, for the half pay of Capt Tho. Bressie undoubtedly, the copy from the Council books of Virginia as now here produced, (& also the several other copies from the other books of Virginia) would be full & satisfactory Evidence of the services of Capt. Thos. Bressie for seven years as a Capt. in the Virginia Service during the revolutionary war: & thereupon the Conclusion would inevitably follow, (in the absence of all other testimony) that Thos Bressie having served for seven years to the end of the war whereby he was entitled to the land bounty for such service, he was equally entitled to half pay for life from & after the end of the war or the determination of his command.
If the Atto. Genl. for the Comm'r of Virginia should allege that Capt. Bressie had resigned, the court would require of him to prove the affirmative allegation
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of such resignation. The notice in writing required by the Ordinance of the convention, & the leave or acceptance on the part of the State, by the Committee of Safety, or by the Convention or by the Executive of Virginia, would be demanded. The burden of proof of resignation would be on the attorney Genl. for the State.
In this office & in the decision to be made here, the same faith & credit is to be given to those office copies produced on the part of Capt. Bressies admr. as would be given to them in the Courts, or in the offices, of Virginia. So is the Constitution of the United States & the Act of Congress made in pursuance of the Constitution.
To disrespect such records, such public acts such office copies, such [illegible] of the public functionaries of Virginia, or of any other State of the Union, would be antisocial, an irreverent disobedience to the Constitution of the United States, and to the Act of Congress made in presence of the Constitution; such disrespect would tend to disturb the harmony of the Union & its blessings.
In conclusion I must observe, that the documentary evidence, when compared with the System of Virginia before quotas from the Ordinances of the Convention, establish clearly that Thos Bressie did enter the service of Virginia as a Capt. in 2nd regiment on State Extablishment amongst the foremost

12 
[illegible initial lower right]
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13

of those Captains who Completed their Companies under the ordinances of 1775.
By the terms prescribed by the ordinance under which he accepted his Commission as a Capt. he could not resign & quit the service by own mere will: the concurrence of other Circumstances was necessary to his resignation. No evidence of
resignation is produced. On the contrary, the whole Current of testimony written & parol, proves his services from Early in 1776 to the end of the war, for Seven whole years. It is affirmed & acknowledged by the Governor & Council.
It is not incumbent on the representatives of Capt. Bressie to prove active, actual Service throughout the War. To prove that he was an officer in service and within the predicament of the act of Virginia promising bounty & half pay, to officers serving to the end of the war, or becoming Supernumerary, ready to enter again into service if required, but never resigning or refusing to join the army upon being required is sufficient. The question as to Service to the End of the
war in active Command, or whether he became a
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reduced Supernumerary officer Enters into the consideration of the time from which the half pay shall begin to be accounted, whether from the time of the reduction & being out of Command as a Supernumerary officer, or from the End of the war. The right to half half is complete in the one case, or the other, but the quantum of the pay is the only question.

In this case, the half pay must begin from the End of the war, & be computed to the Summer of 1802; according to the evidence on file.

All which is most respectfully Submitted.
[signed] Geo. M. Bibb

To the Honl. [Hon.]
J. L. Edwards
Commr. P. [Commissioner of Pensions]
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Know all men by these presents that we Ann Lewis, Taylor Sivills and Thos V Webb are held and firmly bound unto Arthur Emmerson, Jno Thompson, Wm B Manning, Jno Nash and Thomas Nash Genl Justices of the Court of Norfolk County now sitting in the sum of Six thousand dollars, to the payment whereof well and truly to be made to the said Justices and their successors, we and ourselves and each of us, our and each of our heirs executing and administrators jointly and severally, firmly by these presents. Sealed with our seals this 19 day of Jany [Jan] Anno Domini one thousand eight hundred and thirty five and in the 59th year of the Commonwealth.

The Condition of this obligation is that of the said Ann Lewis administratrix of the goods, chattels & credits of Thomas Bressie deceased unadministered by Jas D Fisher do make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands possession or knowledge of her the said Ann Lewis or into the hands or possession of any other person or persons for her and the same so made do exhibit unto the said Court, when she shall be thereto required by the said Court and such goods chattels and credits do well and truly administer according to law; and further do make a just and true account of her actions and doings therein when thereto required by the said Court and all the rest of the said goods chattels and credits which shall be found remaining upon the account of the said administratrix the same being first examined and allowed by the Justices of the said Court for the time being shall deliver and pay unto such persons respectively as are entitled to the same by law, and if it shall hereafter appear that any last will and Testament was made by the deceased, and the same be proved in Court and the executer [executor] attain certificate of the probate thereof, and the said Ann Lewis do in such case being required under & deliver up her letters of administration, then its allegation to be void, else to remain in full force.
[right] Ann Lewis (Seal)
[right] his 
[right] Taylor   X   Sivills (seal) [X being his mark in lieu of signature]
[right] Thos V Webb (Seal)
[right] Wm H Wilson (Seal)

Signed sealed & delivered in presence of
Arthur Emmerson Jr
Copy [illegible]
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𝔸

This Power of Attorney with the seal of Court -- Mr. Braxton has relinquished the agency of the claim & Mrs. Lewis has committed it to Mr Murdaugh. Mr Ogg represents Fisher Plux [?] who are entitled to the claim. But as Mrs Lewis is the legal representative of Capt. Bressie, she alone is authorized to receive the amount

[signed] J W Murh
25 June 1808 [or 1828]
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Know all men by these presents that I, Ann Lewis, Admix of the unadministere, Estate of Thomas Bressie dec'd do hereby nominate, constitute and appoint and empower Carter M. Braxton of the Borough of Norfolk and State of Virginia, my true and lawful attorney in fact, for me and in my name to claim, and demand, and recieve [receive] and grant acquitances and reciepts for all sums of money which are or may be adjudged due to the Estate of Thomas Bressie from the State of Virginia or from the Government of the United States; for his half pay or for commutation in lieu of half pay. 

(By virtue of the act of Congress, passed the 5th day of July 1832. Entitles an act to provide for liquidating and paying certain claims of the State of Virginia) and all interest which may have accrued thereon, and for any other sums due to the said Thomas Bressie and interest which may have accrued thereon, and I do hereby ratify and affirm all acts done by my said attorney or to be done by him, as fully and effectually as if the same had been done by me in person.

In testimony whereof I have hereunto set my hand & seal this 12th day of February 1835

Witness
[signed] H Harwood
J of P [illegible]

[signed] Ann Lewis (Seal)
admix of the unadministered 
Estate of Thomas Bressie

Norfolk Borough to wit
Wright Southgate an alderman of the Borough of Norfolk, do certify that Mrs Ann Lewis the administratrix de bonis non of Thomas Bressie dec'd this day appeared before me in my said Borough of Norfolk and acknowledged the above power of attorney to be her act and deed by her duly executed and desired me to certify the same and Henry Harwood and J. W. Holmes witnesses thereto made oath before me this day that the said Ann Lewis, signed, sealed, and
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delivered the same in their presence. And that they attested the same. Given under my hand and seal this 12th day of February 1835

[signed] Wright Southgate {Seal}
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I Stephen Sikes of Deep Creek in Norfolk County, now sixty nine years old, do hereby certify that I knew Major Thomas Bressie dec'd: late a resident of this County, who was an officer in the revolutionary war. I know that he had command of a minute company at the time that Lord Dunmore came to Norfolk (1775) and afterwards he was appointed a Captain in the Army, and he raised his quota of men - I know that he was in command and in service as a Captain at Portsmouth at the time of the Surrender at York Town and that he was in a battalion or Regiment under the command of Major Wells, who was the only field officer in that Regiment - I know that I was drafted as a militiaman & was placed in Captain Bressie's company to proceed to the siege of York and on the March Bressie acted as a Major & Wells as the Colonel, but I do not know that Bressie was commissioned as a Major, although he held the title even afterwards as long as he lived. I was discharged on the return of Well's Regiment, which did not reach York before it was ordered back to Portsmouth to level the fortifications at that place. I believe that Major Bessie continued in service to the end of the war. I know that he was always considered as an officer who had served to the end of the war.

Witness my hand July 6th 1830
[signed] Stephen Sikes

Norfolk County
I do hereby certify that Stephen Sikes this day made oath before me that the facts of the foregoing certificate are true. As witness my hand and seal, this 6th day of July 1830.

[signed] Wm B. Manning (Seal)

I Spicey Wyatt of Norfolk County, now seventy-one years of age, do hereby certify that I was well acquainted with Thomas Bracey of this County who was a Captain in one of the Virginia Regiments on Continental establishment, and commanded a company in the year 1777, and was engaged in service at the North. That he afterwards was
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was promoted to be a Major, and continued in service more than three years, and that he (to the best of my knowledge and belief) continued in actual service to the end of the war. I know, however, that he did not return home from the army until after the close of the war.

[signed] Spicey Wyatt

Norfolk County Sct
I John Thompson do hereby certify that Major Spicey Wyatt personally appeared before me & made oath to the above certificate. Given under my hand & seal this 8th day of May 1830.

[signed] J. Thompson JP (Seal)

I Elizabeth Owens do hereby certify, that I was well acquainted with Major Thomas Bracey of Norfolk County, who was an officer in the Army of the Revolutionary War, and that Major Bracey (acting as was said) by the orders of General Lee, came to my Fathers house in this county, and burnt it some short time after the war began. I also certify that Major Bracey, continued in the Army for three or four years afterwards, and to the best of my belief and knowledge he did not return home from the Army until after peace. As witness my hand this first day of May 1830.

[siigned] Elizabeth Owens

Norfolk Count -, to wit
This day the above named Elizabeth Owens came before me a Justice of the Peace for said county, and made oath to the truth of the foregoing certificate - As witness my hand and seal, this 1st day of March A.D. 1830 -

[signed] Arthur Emerson JP (Seal)

I Isaac McDaniel now seventy years of age do hereby certify that early in the war of the Revolution, I enlisted as a soldier in a company commanded by Thomas Bracey of Norfolk County and was afterwards transferred to Capt Crump's company in which I continued the term of my enlistment. I did not know any
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any thing of Major Bracey afterwards untill [until] peace. But it was always understood that he continued in service untill [until] the end of the War - Witness my hand this 6th day of May 1830.

[signed] Isaac Daniel

Norfolk County Secty.
This day the above named Isaac McDaniel personally appeared before me and made oath to the above certificate. Given under my hand and seal, this 6th day of May 1830.

[signed] Arthur Emerson JP {Seal}

Executor Department
March 11, 1835

The foregoing are true copies of papers filed in this department

[signed] Wm H Richardson Secty Comr
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To his Excellency the Governor of Virginia and privy Council of State.

Elizabeth Bressie, widow of Thomas Bressie decd. who was the son and only heir of Major Thomas Bressie or Bracey decd., formerly of Norfolk County respectfully represents, that the said Major Bressie entered the service of the revolutionary war about the year 1776, and continued to the end of the war in 1783. She begs to refer to the journal of the council of 1777 page 371, which shows that he was commissioned a Captain to take rank from the 13th May 1776; and she proved by the affidavits of Mrs Owens a very respectable lady in the town of Portsmouth, Major Wyatt a gentleman who was engaged in that war, and Isaac McDaniel a soldier formerly in Major Bressie company that he continued to the end of the war and held the rank of Major at the time of the conclusion of the war. She considers that under the act of 1779 (Hen 10 Vol.  P. 160) the said Major Bressie was entitled to the proportion of land allowed to an officer of that rank, and also to the addition for a seventh year's service as promised by the act of 1782 (Hen 11 Vol. P. 84). She files herewith a certificate of the Auditor shewing that he drew his depreciated pay as a Captain, & the certificate of the Register that no warrant has issued for his bounty.

Executive Department
Richmond Va May 5 1835

The foregoing is a copy of a petition filed in this department with the claim of [illegible] of Thomas Bressie for Land Bounty; which claim was allowed on the 24 July 1830 for the services of the said Bressie as a Captain in the stated Line seven years.

[signed] Wm H Richardson Secty Comr