Revolutionary War Pension and Bounty Land Warrant Application File W. 19,104, for William Stuart, New York
Page 1

(3 - 1776)
SERVICE
Stuart William
Stewart 
Catharine
NUMBER
W. 19.104
CONTENTS
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[this appears to be a fragmented page with torn edges and missing text
3982
New York
Catharine Stewart do[missing]
widow of William Stewart
who died on the 10th March 1788
in the State of
was a Captain in the [blank] command
[missing text] Captain [blank] of the [blank] command
y N. Y. in the Revolution
line for Increased from $180.
Inscribed on the Roll of New York
the rate of 240 Dollars 00 Cents
per annum, to commence on the 4th day of 
March, 1831 & end 16th February 1844
Certificate of Pension issued the 8th day of
May 1856 and sent to A H Markland
Arrears to the 4th of
Semiannual allowance ending Present
{Revolutionary Claim,}
{Act July 4, 1836,}
{Section the }
Recorded by [signed] G D Getty Clerk,
Book 26 Vol. 2 Page 28
Page 3

No 433
In the matter of the Application of Catharine Stuart
Widow of William Stuart
dec'd for a Pension under the
Act of Congress of Jury
1836
3d Sec
(No 1.)
Page 4

State of New York
Dutchess County ss. Philip Row of the town of Milan in the
County of Dutchess being duly sworn deposes and says that he
was born in the County of Dutchess - That he has resided from
his infancy in the town of Milan - part of what formerly was the
town of Northeast in said County. That he is now in the Seventy
sixth year of his age. That he is a brother of the said Catharine
Stuart who has subscribed and sworn to the preceding declareration, and that he is several years younger than the said Catherne. That he knew the said William Stuart the husband
of the said Catharine, when the said Stuart first came to reside
in the said town of Northeast - That it was about two years
after said Stuart had become a resident of said town, that he
was married to the said Catharine. That at the time of the
said marriage, both the father and mother of the said Catharine
and of this deponent were dead, and they the said Catharine
and this deponent were living with John Row their elder brother
who has been dead many years. That the Deponent was not
present at the marriage ceremony, he being then not more than ten
or eleven years of age, but he understood that the marriage took
place at a place in Dutchess County called "the City". The said
William and Catharine Start afterwards cohabited together
as husband and wife until the death of said Stuart, and this
Deponent has never had any doubt of the fact of their marriage,
nor has he ever heard that any doubt of that fact, was entertained
by any one. The Deponent further saith that the said William
Stuart kept a store in the said town of Northeast, and that he
continued to be a resident of that town until his death.
That the said William Stuart died on the tenth day of March
in the year Seventeen hundred and eighty eight. That this
Deponent was in the same house with him when he died, and
attended his funeral. That his remains were deposited in
the burying ground, now appertaining to the methodist Church
in the town of Milan aforesaid. That the following is a true
copy of the inscription upon his tomb stone, irr: "William
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Stuart died March 10th 1788 aged 49 years months and
16 days." The Deponent further saith that the said Catharine
had three children by her said husband, before the battle of
the White Plains, and five after that period, all of whom
are still living except the first and seventh child; and
that the said Catharine hath remained a widow ever since the
death of her said husband. This deponent further saith that
he hath always understood and believed that the said William
Stuart, during the revolutionary war, was an officer in one of the
Regiments of Militia of the County of Dutchess, and as such
participated largely in the toils and the dangers of that period.
That he was particularly obnoxious to the Tories, in whose detention and apprehension he was reputed to be uncommonly active
and vigilant - That his general reputation was that of a zealous whig and efficient officer. (This deponent cannot detail
the particulars of the said Stuart's military service, as he
never accompanied him in any military excursion, except
in one instance, which according to the best of the Deponent's
recollection occurred in the year seventeen hundred and Seventy
eight or nine, and of this all that he remembers is that he
the Deponent was one of a body of Militia, who marched from
Dutchess County to a position in the Highlands, opposite
West Point, where they remained for several weeks encamped, under the command of Colonel or Lieut. Colonel
Landon, and that the said William Stuart took part
in that expedition, and discharged the duties appropriate
to the rank which he held-) The Deponent further saith
that from his own knowledge and recollection, during nearly
the whole revolutionary war, [strike out "was frequently"] the said
William Stuart was frequently absent from his family
for several months together, (the periods of his absence
being sometimes shorter and sometimes longer) and that this
Deponent has no doubt and never had any doubt that
whilst thus absent, said Stuart was engaged in the
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Military service of the Country.
[signed} Philip Row
Sworn 20th October 1836
in open Court [signed] Alex; Forbus Clerk

State of New York}
Dutchess County } ss Mary Stuart of the town of Rhinebeck
in said County being duly sworn deposes and says that she
is in the Seventy eighth year of her age - that she is a sister
of Catharine Stuart the widow of William Stuart, named in
the preceding affidavit. That the said William and Catharine
were married before the Revolutionary war. That at the time
of their marriage, the said Catharine, Philip Row a brother
of this Deponent, and this deponent all resided with their
brother John Row in the town then Northeast in the County of
Dutchess. That the said William Stuart and Catharine went
a place called "the City" in Dutches County, and this Deponent
has always understood were there married. That after the
ceremony of marriage was performed they the said William
and Catharine returned to the house of the said John
Row, where the wedding quests were entertained. That
from that time until the death of the said William Stuart
which occurred in the year seventeen hundred and eighty
eight the said William and Catherine cohabited together
as husband and wife, and were always reputed so to be;
This deponent further Saith that she has always understood and
believed that the said William Stuart the husband of the said
Catharine, was an officer of Militia in the service of the United States
during the revolutionary war; and that ever since his death the said
Catharine hath remained a Widow  [signed} Mary Stuart
Sworn & subscribed Before me, this twentieth day of October
1836, and I certify that the said Mary Stuart who subscribed the
preceding affidavit is a credible person, and that her statement
is entitled to full credit [signed] Garret Van Beuren Commissoner of Deed
for Dutches County
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Also Sworn and Subscribed before me this 20th day of
October 1836, and I certify that the said Mary Street
who subscribed the preceding affidavit is a credible person
and that her statement is entitled to full credit.
W. I. Stuart Justice of the Peace
2
State of New York
Dutchess County  ⎬ ss I Henry I Travers Clerk of
the said County do hereby certify that Garret
Van Buren and William I Stewart Esquires before
whom the preceeding affidavit was taken were
respectively the first a Commissioner of Deeds in
and for said County and as such authorized to
take affidavits to be read in any Court of record
in this State and the second a Justice of the
Peace in and for said County. And that I am
well acquainted unto the handwriting of the said
Commissioner and Justice and verily believe
their signatures to the said affidavit to
be genuine
In testimony whereof I have hereunto
set my hand and affixed the seal of the
said County the 21st October 1836
[signed] Henry I Traver Clerk
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In the name of God, Amen. I William Smart of Northeast
Precinct in Dutchess County and State of New York, being providentially called upon to step in to assist and defend by
arms the rights priviledges (sic) and liberties of the United States of
North America, sensible of ^the mortality of man and uncertainty
of life and more especially when called upon to enter the field
of battle do this ninth day of September in the year of our Lord
God 1776 make and publish this my last will and testament
in manner following that is to say:
Dutchess County }
Surrogate's office} ss I James Hooker Surrogate
of said County do certify that the preceding
is a true extract from the last Will & Testament
of William Stewart deceased as recorded in this
office on the 18 day of June A.D. 1789
In testimony whereof I have hereunto set my
hand & affixed the seal of office of Surrogate
of said County of Poughkeepsis this
20th day of October 1836
[signed] James Hooker Surrogate
I Alexander Forbus Clerk of the Court of Chancery for the
Second Circuit in the State of New York do hereby certify that
On the 20th day of October 1836. Catherine Street Andrew Frazier and
Philip Row appeared in open court and severally made oath to the
declaration and their affidavit hereto annexed, and that the said
Catharine Stuart produced before the Court the affidavit of Mary Stewart
and the certificate of the Surrogate of the County of Dutchess hereto annexed
And that the Court is of opinion that the said Andrew Frazier and Philip Row
are credible as witnesses. In witness whereof I have hereunto set
my hand and affixed the seal of the said Court of Chancery
this twentieth day of October in the year one thousand
eight hundred and thirty six
[signed] Alex Forbus Clerk
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State of New York Ss:
On this twentieth
day of October in the year of our Lord
one thousand eight hundred and thirty six, personally appeared
before a Court of Chancery of the State of New York, Present the
Hon'ble Charles H. Ruggles Vice Chancellor of the second Circuit,
Catharine Stuart a resident of the town of Milan in the County
of Dutchess and State of New York, aged eighty three years, who
being first duly sworn according to law doth on her oath make the
following declaration, in order to obtain the benefit of the provision
made by the Act of Congress, passed July the 4th 1836.
That she is the widow of William Stewart late of the town of
Northeast in the County of Dutchess [strikeout illegible] and State of New York
deceased. That on the 17th day of October in the year seventeen
hundred and Seventy five, the said William Stuart then being a
resident of the said town of Northeast, in the said County of Dutchess, entered the service of the United States and was appointed
adjutant in a Regiment of Militia in said County, commanded
by Colonel (afterwards Brigadier General) Petrus Ten Broeck. That
Morris Graham was Lieutenant Colonel of said Regiment,
Simon Westfall first Major, Jonathan Landon Second Major,
and Hendrick Van Hoevenburgh Quartermaster of said Regiment, as will fully appear by reference to Book 26 of Military
Returns for 1775, page 208, kept in the office of the Secretary of
the State of New York. That the said William Stuart Continued
to be the Adjutant of said Regiment by virtue of his said
appointment until the reorganization of said Regiment on the
18th day of March 1778, when the said Maurice Graham was s
appointed Colonel thereof, vice (sic) the said Brig. General Petrus Ten
Broeck deceased, Jonathan Landon Lieutenant Colonel thereof
vice (sic) Morris Graham, William Radclift first Major vice (sic) 
Jonathan Landon, David Vanness Second Major, and the said
William Stuart Adjutant of said Regiment, as will fully
appear by reference to Book A. of the proceedings of the Council of appointment - civil and Military - No. 1, page 38 Kept
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in the office of the Secretary of the State of New York.
She further declares that she was married to the said William 
Stuart, according to the best of her recollection some time
in the month of February in the year Seventeen hundred and
Seventy two. That her husband the aforesaid William Stuart,
died in the town of Northeast in the County of Dutchess on the tenth
day of March in the year Seventeen hundred and eighty eight,
aged forty nine years, eight months and sixteen days, as appears by an epitaph engraved upon his tomb stone, in the Church
yard where he was buried, and that she has remained a
widow ever since that period, as will more fully appear by reference to the proof hereunto annexed.
She further declares that she did not accompany her said husband 
and in any of his military expeditions, and cannot therefore
specify the particulars of his service; nor does she recollect in what
year he [strike out "left"] quitted the service - But to the best of her knowledge
and belief he served during the greater part if not the whole of
the Revolutionary war, and was at all times with his Regiment
whenever any military duty was required of the latter - and
among those duties she thinks, was that of disarming the Tories
and suppressing disaffection. She remembers that for several
years comprising nearly the whole period of the war, he
was frequently absent from his family for more than six
months at a time; that she but seldom saw him and then
only during Short and occasional intermissions of his service.
The declarant further saith that she has always understood 
and believed that her said husband was at the battle of White
Plains in the year 1776 and in one or more of the engagements
that took place between the British and American troops prior
to that event and subsequent to the evacuation of Long Island-
That his last will and testament bearing date the ninth
day of September 1776, and Recorded in the office of the
Surrogate of the County of Dutchess on the 18th day of June
1789, Begins with a recital, showing that her said husband
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State of New York
Dutches County SS: J. Andrew Frazier a coloured man of the town of
Milan in the County of Dutchess, being duly sworn deposes and says that
he was born at Maurisena, in the County of West Chester and State of
New York. That he was aged ninety two years last June. That he is
well acquainted with the said Catharine Stuart, who has subscribed and
Sworn to the preceding declaration. That he became acquainted with the
said Catharine Stuart before the Revolutionary war - that she was then
living in the town of Northeast in the County of Dutchess, and was unmarried- That he was also well acquainted with the said William Stuart
the husband of the said Catharine, for several years before the Revolutionary war. That the said William Stuart when this deponent first knew him, was a
single man and kept a store in the said town of Northeast. That according to
the best of this deponent recollection, the said William Stuart was married
to the said Catharine within a year or two years after this deponent first
became acquainted with the said William Stuart- That this deponent always understood that the said William Stuart was a native of Scotland,
and had come to this country but a few years before deponent knew him.
That in the fall of the year seventeen hundred and Seventy five, this deponent
then residing in the said town of Northeast in the County of Dutchess, entered the
service of the United States as a waggoner in Captain Hugh Rea's Company of
Minute men in a Regiment of Militia of which Colonel Ten Broeck was
Colonel, and Morris Graham Lieutenant Colonel. That at the time this Deponent entered the service as aforesaid, the said William Stuart was an officer in said Regiment. That said Regiment to the best of this deponents remembrance and belief was first employed in disarming the Tories, and that
this deponent was employed in transporting a large quantity of arms
then from the Tories, to the Continental Store as it was called, under the charge
of Stephen Payne, Situate eastward of a place called "the City" in the
great nine Partners in Dutchess County. That after the tories were disarmed, and as deponent thinks, in the year following, the said Regiment
marched from Northeast in Dutchess County to the Southern part of the
State of New York - that this Deponent accompanied said Regiment
and had charge of a baggage waggon. The deponent well remembers
being with said Regiment at a place called New Rochelle in Westchester County bordering on the sound, and whilst there that the American
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troops were fired upon by Several British Ship of war, and that a British
force landed and attacked them and forced them to retreat to a place between
East Chester & West Chester in the County of West Chester. The deponent thinks
that the said Regiment on that occasion was commanded by Morris Graham
That some time after this the Battle of White Plains was fought. That the
said Regiment of Militia then under the command of Colonel Ten Broeck
was engaged in that battle. That this Deponent was with said Regiment
at that time & had charge of a baggage waggon (sic). That it was a hard fought
battle and that the British remained in possession of the battle ground
That shortly after the battle of White Plains this Deponent was taken sick
and became unable to perform the duty of a waggoner; that he was then
employed by Colonel Graham as a waiter, in which employment he
thinks he remained with Colonel Graham about six months, when from
loss of health he was obliged to leave the service and was discharged-
That during the time that deponent was with Colonel Graham as a waiter
the Colonel was with his said Regiment, which during most of that time
to the best of deponent's recollection, was stationed at West Point - at which
place the Deponent was discharged as aforesaid - The deponent further saith
that during the whole time that he the deponent remained in the service
as aforesaid, including the time that Deponent was with Colonel Graham as a
writer, that the said William Stuart was an officer doing duty in said
Regiment and Deponent thinks that he was the Adjutant of said Regiment-
The deponent well remembers that the said William Stuart was with said Regiment at New Rochelle, at the time of the attack made by the British as above
mentioned, also at the Battle of White Plains, that he was with said Regiment in all its marches and countermarches, and subsequently during the
time said Regiment was encamped at West Point - That said Stuart
was there when the Deponent was discharged from the service- That ever
time deponent left the service as aforesaid, he has continued to reside in
the said town of Northeast - That to the best of his remembrance and belief
the said William Stuart remained in the service of the United States, for Several
years after this Deponent left the service, and as deponent thinks during nearly
the whole period of the revolutionary war - That said Stuarts general reputation
both among the troops and in the neighborhood where he lived was that of an
active and efficient officer.
[signed] Andrew his X mark Frazier
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at the period referred to, was not only in actual service, but
at the post of danger. The said last will and testament,
Begins as follows, irr: "In the name of God Amen, I William Stuart of Northeast Precinct in Dutchess County and
State of New York, being providentially called upon to step
in to assist and defend by as the rights priviledges (sic) and
liberties of the United States of North America, sensible of
mortality of man and uncertainty of life, and more especial
by when called upon to enter the field of battle, do this ninth
day of September in the year of our Lord God 1776, make
and publish &c."
The declarant also refers to a Resolution of the Council of
appointment of the State of New York of the 5th of November
1778 and to a Resolution of the same Body of the 22nd of April
1779 as shewing that the Regiment of Militia in which the said
William Stuart was adjutant, was in the service of the United States at the date of said Resolutions respectively, which are
in the words following, to wit: "Resolved that Courant Lasher
be and he is hereby appointed 2d Lieutenant of Capt. Andrew
Heermanse's Company in Col Morris Graham's Regiment in the
County of Dutchess, and that Wilhelmus Backer be Ensign
of the said Company in the roons of Frederick Bender, removed
out of the Beat or resigned " (See Book A. of the proceedings
of the Council of appointment-- Civil and Military - No. 1
page 123.)
"Resolved that Titus Mead be Quarter Master of Coln
Morris Graham's Regiment of Militia." (See Book A. &c
page 147.)
The declarant further saith that the said William Stuart
her said husband, was, as she understood, a native of Scotland-
That he came to this Country in or about the year seventeen hundred
and sixty six - That soon after his arrival, he established
himself in mercantile business, in the town then NorthEast in
the County of Dutchess, and State of New York, of which town and
County he continued to be a resident until his death. That she
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has always understood and believed that he was an active and
useful officer - and from her own knowledge she is convinced
that he was zealously attached to the cause in which he was
engaged, as she has often heard him declare that he cared not
for his private fortunes, so long as he could be instrumental in
establishing the independence of the Country, or declarations to that
effect. The further saith that her said husband's military
commissions conferring upon him the appointment of Adjutant
as aforesaid have been lost or destroyed. That she cannot tell
what has become of them.
[signed] Catherine her X mark Stuart
Sworn and Subscribed the day and year aforesaid
Subscribed by the said Catharine Stuart by making her mark and sworn this 20th day of October 1836 in open Court}
[signed] Alex: Forbus Clerk
Page 15

Subscribed by the said Andrew Frazier by making his mark thereto and sworn this 20th day of October 1836 in open Court
[signed] Alex: Forbus Clerk}
Page 16

Certified copy of the
last Will and Testament
of
William Stewart decd
Page 17

In the name of God Amen. I William
Stewart of North East precinct in Dutchess
County and State of New York being providentally
called upon to step in to assist and defend
by arms the rights, priviledges and liberties
of the United States of North America, sensible of the mortality of man and uncertainty
of life, and more especially when called
upon to enter the field of battle, do this 9th
day of September in the Lord our Lord one
thousand seven hundred and seventy six,
make and publish this my last Will and
Testament in manner following that is to say
first of all, let all my lawful debts be discharged and paid, then my whole estate personal and real real lands and tenements goods
and chattels whithersoever they may be found.
First, I will and bequeath to my [illegible] 
mother Isabella Stewart the sum of fifty
pounds lawful money of the State of New York,
and the rest of my estate to be divided equal
among my wife and children, that is to say.
First, my beloved wife Catharine Stewart one 
part my son John Stewart one part, my son
Henry Stewart one to my daughter Catharine 
Stewart and part, in all four parts,
which will be one equal fourth of all my estate
remining besides the above fifty pounds
mentioned to each. Furthermore is case
the death of any of my children or either of them
before they come of age the share or shares
of the deceased to devolved on the survivors 
of my said children equally alike, and also
I do allow my wife Catharine to remain in my
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dwelling house together with my household
stuff and have the whole priviledge (sic) of it during the
time she remains my widow providing
she does not squander or embesol (sic) the same,
and if in case she should marry then the
house and priviledges (sic) to devolve on my children,
after giving her, her equal part of above.
And I make and ordain my well beloved
and trusty friends Richard Cantillon and
John White Sew"i Executors of this my last Will
and Testament. In witness whereof I the
said William Stewart have hereunto set my
hand and seal to this my last Will and
Testament the day & year above written.
William Stewart [Seal]
Signed, Sealed and published in the presence of
Roswell Hopkins, James Betts, Reuben Hopkins}
Dutchess County
Surrogates Office Ss.,⎬
I, James Hooker Surrogate
of said County do certify that the preceding is a
true copy of the last Will and Testament
of William Stewart deceased, as recorded
in this Office on the 18th day June AD 1789
in Siber A, of record of Wills on pages 142 &
143, as a Will of personal estate; that the
same has been compared by me with the original
record, and is a correct transcript thereof,
and of the whole of such original
In Testimony whereof I have
hereunto set my hand and affixed my
official seal this twelfth day of February
One thousand eight hundred & thirty eight,
James Hooker Surrogate
Page 19

Catherine
Catharine Stewart
Obediah Titus
(No 2)
June 18 1838
Ref to the Committee
on Rev'y Claims
June 27 1838
Com'ee desch'd to be
-
Hon. O. Titus
26 AR
Rev. Claims
Page 20

State of New York
Dutches County SS
On this twenty second day of February in the year of our Lord one
thousand eight hundred and thirty eight personally appeared
before a Court of Chancery of the State of New York, present the Hon'ble
Charles H. Ruggles Vice Chancellor of the Second Circuit Robert Martin
a resident of the town of Milan in the County of Dutchess and
State of New York who being duly sworn doth depose and say, that
he was aged eighty one years last September - that he has resided
in the town of Milan formerly part of the town of North East in the
County of Dutchess, ever since he was eleven years old. That he was
personally acquainted with William Stuart of said North East deceased
and with Catharine Stuart the widow of the said William Stuart, before
their marriage, which took place several years before the Revolutionary war -
That the said William Stuart was a tradesman and kept a store 
in the said town of North east - That the said Catharine was the daughter of John Row whose farm ^ was about one mile distant from [strikeout "adjoined"] the farm of this Deponent's father,
and that deponent was frequently at the house of said Row before the
marriage of the said Catharine - That at the time of said marriage
both the father and mother of the said Catharine were dead- That the
said marriage took place as this Deponent understood at the time at
a place in Dutchess County called the "City. That the said William
and Catharine had three children by said marriage born before the
Battle of White Plains in the year 1776, viz: John who is now dead
and Catharine and Henry who according to the best of deponents information and belief are yet living. That this Deponent has never
had any doubt of the fact of the marriage of the said William
and Catharine and has never herd it doubted or questioned - That
they lived together as man and wife until the death of said William
Stuart, which occurred five or six years after the close of the revolutionary war, and had several children born after the battle of White plains.
The deponent further saith that he has always understood and be
lived that the said William Stuart was an officer in one of the
New York Regiments of Militia, during the war of the Revolution, and
that he was frequently called into active service and engaged in tours of
Military duty; that he has always understood and believed that
Page 21

said Stuart was to the Battle of White Plains, and that his general
reputation in the neighborhood where deponent lived, was that of
an active and efficient officer. The Deponent further saith that he
is not in any manner related either to the said William Stuart or to
the said Catharine his widow, and further saith not
[signed] Robert his X mark Martin
First page, Seventeenth line
the word "adjoined "erased
these rooms "was about one mile
distant from" interlined
Subscribed & Sworn in open Court
Alex: Forbus Clerk
And satisfactory evidence is given to the Court here that the said
Robert Martin is of good reputation and entitled to credit as a witness.
And the said Catharine Stuart produced, in addition to the said
affidavit. the certified Copy of a will under the seal of the Surrogate
of the County of Dutchess which is hereto annexed, as
further evidence on her application for a pension
In testimony whereof I have
hereunto subscribed my name and affixed
the seal of said Court this twenty second
day of February in the year one thousand
eight hundred and thirty eight
[signed] Alex:. Forbus Clerk
Page 22

State of New York 
City &
County of New York} Ss.
Be it Known, That on this twelfth day of July A. D. 1855 before me, the undersigned, a [strikeout "Justice of the Peace"] ^ Commissioner of Deeds in and for the County and State aforesaid, personally appeared 1 James W. Stewart
resident of 2 Williamsburgh in the [strikeout "in said County"] ^ County of Kings and State of New York and made oath according to law that: 3 he is the only living child of the identical  4 Catharine Stewart whose name, under Act of 5  4th July 1836 - has been placed on the New York Pension Roll of the rate of 7 One Hundred & [strike out "fifty"] twenty Dollars per annum.
That 3 he credibly informed that the said Pension may and ought to be increased from its commencement and during continuance; that 3 he is directly interested as a claimant in said increase, and makes this affidavit to be filed with such additional evidence as my Agent may use in prosecuting said claim.
Countermanding and revoking all Power of Attorney and authority heretofore given, I hereby constitute and appoint A H Markand, of Washington City, my true and lawful Attorney to prosecute the claim of 4 said Catharine Stewart for any amount of Revolutionary Pension, or INCREASE OF ENSION, that may be due; and for the purpose of establishing additional service by the soldier for whose military duty in the Revolution the aforesaid Pension was granted, I hereby authorize my said Attorney to apply for and obtain from State archives or other sources, certified proof of such service. To examine all papers or documents in relation to said service on file in the Departments at Washington City or elsewhere; to file additional evidence or arguments, and to receive for my benefit the Certificate for INCREASE which may be issued in satisfaction of said claim, which certificate I wish made payable at the Pension Agency of this State; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my Agent and Attorney shall lawfully do in the premises A.H. Markland interlined before signing
[signed] 9 James W Stewart

Sworn to, Subscribed and Acknowledged before me the day and year above written, and I hereby certify that I believe the said 1 James W Stewart to be directly interested in said claim as set forth, and to be the identical party therein alleged in whose claim I am no wise interested.
[signed] Spencer Kirby
Commissioner of Deeds

State of New York City
& County of New York } Ss
It is Hereby Certified, that satisfactory evidence has been exhibited before me, [lined out " Clerk of the Court of"] which evidence is annexed hereto that 4  Catharine Stewart was a Revolutionary Pensioner of the United States, at the rate of $120 per annum,*  and that she died on the Sixth day of February Eighteen Hundred and forty four [lined out "[illegible] surviving the following [illegible] and). children [illegible]  to wit: Herny R Stewart, William W Stewart, James W. Stewart, Andrew Stewart, [illegible] Catherine Stewart,"] and that James W Stewart is now the only living child [lined out " It is further certified that: ___ Esq, before whom the preceding affidavit and Power of Attorney were made and acknowledged, was at the time of so dong a duly authorized Justice of the Peace in and for said county, and that the signature purporing to be his, [illegible] genuine; and further, that in the within claim for Increase of Pension I am in no degree interested."]

In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office this seventeenth day of July 1855
13 [signed] A H Tradfied

[footnotes]
1. Claimant's name or names in full.  2. Post Office address.
3. "That he is the," or "the is the widow of," or "that he, she, or they are the child or children of," &c.
4. Pensioner's full name. --5. State the Act if known.--6. Give the State where pensioned,--7. Name the yearly amount received,--8. "He is," "she is," or "they are."
9. Claimant's, signature,--10. Magistrate's signature.-*If the Pensioner be living, this part of the Clerk's certificate should be omitted.
11. Here name each of the survivors.-- 12, Magistrate's name,--13.--Clerk's Signature,.
N.B. --Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.
Page 23

For increase
No. 11
Page 24

State of New York 
City & County of New York} S.
William J. Stewart of the City & County of Kings aged seventy years and upwards being duly sworn deposeth and says that he was well acquainted with the Widow Catharine Stewart wife of Capt. William Stewart who  served in the War of the Revolution; and that he knows that the said Widow Catharine Stewart was a Revolutonary pensioner under the United  States residing in the State of New York and that the said Catharine Stewart died on the sixth day of Feby 1844 and this deponent further says that he does not [lined out "positively"] know of any more than one of her said children to be now living [lined out [illegible]] to wit one James W Stewart and that he is and always has been will acquainted with all her children.
[signed] W.J. Stewart

Subscribed and sworn to before me this twelfth day of July 1855}
[signed] Spencer Kirby
Commissioner of Deeds
Page 25

Philip Row's aff't
(No 5)
Page 26


State of New York 
Dutchess County
Town of Milan-    ⎬ Ss
Philip Row of the Town of
Milan in said County and State being duly sworn Deposeth and saith that he is Eighty two years and upwards of age, and was born and brought up in the Town of North East as this section of Country was then called and has resided ever since in said place That he this Deponent was well acquainted with William Stewart who formerly resided in said Town but he died long since- that said William Stewart was married to his sister Catharine before the Revolutionary War- which said sister Catherine the widow of said William Stewart is now applying for a Pension - That he this Deponent well knew William Stewart as an officer in the Revolutionary war- that he was adjutant or Captain under Coll. Ten Broeck and afterward under Colonel Morris Graham and after that under Coll' Landon That in the year 1777 or 1778 this deponent was ordered out in the Militia service and that he went with the Troops down to the Highland and lay five or eight weeks opposite West Point - that Coll Morris Graham commanded the Regiment and William Stewart acted as Adjutant or Captain in said Campaign and was considered a very efficient officer-- that he rode a famous black Horse which commanded the admiration of the people - that he kept said horse during the war and till after it. That this Deponent was well acquainted with Colonel Morris Graham and that William Stewart is the identical William Stewart who served under Coll Morris Graham as Captain or adjutant - That the Deponent remained with the troops five or Eight weeks during said Campaign and then returned home but the said William Stewart remained with the Troops on duty and did not return to his family till some time after-
This Deponent further states that Capt William
Page 27

Stuart performed several tours of duty during the Revolutionary war and that he is certain he was ordered out and actually went with the troops four or five different times or tours or campaigns- 
that usually this Deponent when the said William Stewart was out on military duty went to see his family to assist the widow & children in their family and farming business-
This Deponent further states that Catharine Stewart the widow of Capt Stewart who now applies for a pension was the wife and now the widow of said Ca[t William Stewart - that she has resided since the marriage with William Stewart and since her widowhood within a few miles of the residence of this Deponent. that he has at all times visited her as his sister 
and knowns her of course from that time til  now and that she still resides within a few miles
of the Deponent -
That this Deponent is certain that Capt William Stewart performed several tours of duty in the Military  and was sometimes absent several months at a time  and that during said absence this Deponent attended & assisted his family. The Deponent further States that ^he never knew any other William Stewart in this section of country and that if there had been  he must have know it from his general acquaintance
[signed] Philip Row

Sworn & Subscribed the 6th day of October 1843 before me
[signed] W J Stuart Justice of the Peace

I certify that Philip Row is a credible witness and in every respect worthy of belief 
[signed] W J Stuart Justice of the Peace
Page 28

STATE OF NEW-YORK,
County of Duchess } SS.
I, Robert Mitchell Clerk of the County of Duchess, DO HEREBY CERTIFY, That William J Stuart Esqr whose name is subscribed to the certificate of the attestation of the annexed affidavit was at the time when the said affidavit was taken an acting Justice of the Peace in and for the County aforesaid, dwelling in the town of Rhinebeck, duly elected and sworn and  duly authorized by the Laws of said State to take affidavits etc.
AND FURTHER, that I am well acquainted within the hand writing of the said Justice and verily believe that the signature to the said certificate of attestation is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the Seal of said County, the 10th day of October A. D. 1843
[signed] Robt Mitchell, Clerk
Page 29

Information as contained in his (or his widow's) application for pension on file in this Bureau.
DATES OF ENLISTMENT OR APPOINTMENT. | LENGTH OF SERVICE | RANK | OFFICERS UNDER WHOM SERVICE WAS RENDERED | CAPTAIN | COLONEL | STATE.
Oct 17, 1775 | -- |  Adjutant + Capt. of Dutchess Co. Militia | Petries Ten Broecks & Morris Graham | N.Y.
and served during greater part of war.

Battles engaged in, White Plains
Residence of soldier at enlistment, North East, Dutchess Co, N.Y.
Date of application for pension, Oct 20 1836. Her claim was allowed.
Residence at date of application, Milan, Dutchess Co. N.Y.
Age at date of application, she was 83 years old
Remarks: Soldier's mother Isabela died in 1793. He was a native of Scotland
and came to America [illegible] of 1766
and married Feby 1772 Catherine Row of John Row ^she died Feb 6, 1844. There were 8 children
No names stated, other than John, Henry, Catherine, James W.
Soldier died at North East Mar 16,1788 aged 49 yrs 8 mos. " 16 days
and was buried in the burying ground of the Methodist Church in Milan NY.

Very respectfully
Page 30

Catharine Stewart
William C N.Y. 1836

Hannah Jasper - Henry
N Y @ 28 Feb '48 Rev't

Cole

Martha John Joseph
NY at 29 [illegible] '48

[vertical script overwriting above text]
Hon. J. [illegible]
Commissioner of Pensions
Page 31

Catharine Stewart dec'd
papers for increase
Nos 11 to 16 inclusive.
Page 32

Catharine Stewart dec'd
for increase.
Memoranda.
Page 33

[vertical script at left side]
July 16/55Catharine Stewart dec'd 16 Feb 1844
paid in full 
J C Atkinson
 Auditor
July 16/55


Pension Office
July 14, 1858
Sir
Please state to what
time the pension was paid
to Catharine Stewart
New York roll act of 1836.
Very respectfully
S. Cole
for Counsu'r
R. J. Atkinson Esq
[illegible] Audr

[faint written note at lower right]
Dont see why
[illegible] 
verify some dates for
the continuity of this
[illegible]  service case
[illegible] 
as to the [illegible]
[illegible]
Page 34

176 Lake Ave.
Rochester N.Y.
Dec. 6, 1896
Commissioner of Pensions
Washington, D.C.
Dear Sir
I send to you the
original of a letter sent by me to the
Record and Pension Dept. War Dept and
from there returned to me.
I hope you will be able to give the
desired information. Mrs. Catharine
Row Stewart may have lived in the town of
Stanford, Dutchess Co. N.Y. at the time
of her death but during her husbands life-
Page 35

time I know she lived in Milan, Dutchess Co.
Yours sincerely
Mary J. Pierce
Page 36

3 - 871.
RECORD DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.
Brifed by A.O.i. Apr. 6, 1910
Claim No.
Certificate No.
Claimant Catharine
Soldier William Stewart
N. Y.
Additional Service Rev
Pensioner
No claim, State records
190
No _____claim,  State records _____, 190__
No claim, combination records , ____,190__
REMARKS:
O. W. Wid File 19104
0-8 Chief Divi=ion
Page 37

3 -- 871.
RECORD DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.
Briefed by L.D.L.
Claim No.
Certificate No.
Claimant
Soldier Wm Stuart or Steward
Service N. Y.
Additional Service Rev. War
[illegible]
No. _____claim, State records _____, 190__
No claim, combination records _____ , 190__
REMARKS:
No claim except
W.#19104 [illegible]
Continental troops
I.#46472
0-8 Chief Division
Page 38

[vertical script at left with round post mark stamp]
Oct 1
[illegible]
NY
Catherine Stewart

[horizontal script at right]
J L Edwards Esq
Pension office
Washington
Page 39

I hereby authorize J J Coombs Esq to prosecute the claim of Catharine Stewart widow of Captain William Stewart, her claim was admitted under act 1836 in the State of New York
A. H. Markland
Page 40

N York
Catherine Stuart
widow of William
Susp'd
See letter to John Armstrong
12 Nov 1836,
Ltr. to Hon O Titus 15. March '38
same June 4. 1838
same Oct'r 1 1838
to J.H. Armstrong 24 Oct, 1838
[lined out illegible]

[vertical script, lower left]
Let. to Hon. J.P. Phenix
Feb 5, 1844

[vertical script upper right]
let. to CHc H. R. 12 Oct-'38
 " same E. Custis 16 Jan. '39
to J. Armstrong Esq. 11 Sep. ' 39
to Justin Dcj 21 [illegible]
Page 41

In the matter of Mrs
Catherine Stewart Widow
of Capt Wm Stewart under
Act 4 July 1836
---
Certificate of Secy of State
of U States &c
(No 8.)
Page 42

UNITED STATES OF AMERICA.
DEPARTMENT OF STATE.
To all to whom these presents shall come, Greeting:
I CERTIFY, That the annexed are true Extracts from the "Washington Papers" on file in this Department
In Testimony whereof, I A. P. Upshur
SECRETARY OF STATE of the United States, have hereunto subscribed my name and caused the Seal of the Department of State to be affixed.
DONE at the City of Washington, this 16th
day of November A. D. 1843,
and of the Independence of United State of America the 68th
[signed} AP Upshur
Page 43

Return of the Regiment of Foot in the service 
of the United States of America under the
[illegible] and of Col Graham at Peekskill
Nov 21. 1776
 |  |Officers Present |  |
Companies  |     | Commissioned      | Staff     |
                    | Col. | Lt. Col | Majors | Captains | 1st Lieuts | 2nd Lts | Adjutants |
Capt Paine | " | " | " | " | 1 | 1 | " |
Captain Stoutinbugh | " | " | " | " | 1 | 1 | " |
Capt Platt | " | " | " | 1 | 1 | 1 | " |
Capt Barlow | " | " | " | 1 | 1 | " | " |
Capt Hunnann | " | " | " | 1 | " | " | " |
Capt Stewart | " | " | " | 1 | " | 1 | " |
Capt Steinburgh | " | " | " |   | " | 1 | " |
Capt Filler | " | " | " | 1 | " | 1 | " |
Total | 1 | 1 | 1 | 5 | 4 | 6 | - |
Wash. Papers-
Regimental Rels. Vol. 3..
Page 44

Officers in Col. Grahams, regiment fit for duty".

[names in left hand  column]
Morris Graham Col.
Roswell Hopkins Lt Col
William Barker. Major
Capt Paine}
Lt. Waters} on command at
Lt Meade} New Rochelle.

Capt P. Stoutenburgh}
Lt. Wm. Dennison}
Lt Ebenizer Mott}
-----
Lt Ezra St John} Capt Barlows'
Lt Eber Carter} Company-
-----
Capt Israel Platt.}
Adgt Lieut. Reuben Hopkins}
Lt Jonas Parks}
-----
Captain Andries Heermaner}
Lt Herman J. Knackerbacker}
Lt George Sharpe
-----
-----
[names in right hand column]
Capt William Stewart
Lt John L. Hardenburgh
Lt John Seaton
-----
Captain John Van Steinburgh
Lt Stephen Eget.
Lt Benjamin Bogander
-----
Capt. James Teller
2nd Lieut Paul Van Andur
Capt Charles Graham
-----
Capt Barlow Sick, absent.
Lt. Tremper in Capt Tellers company sick in Camp.

Capt. Stewart on command to Fishkill
with Tories-
-----
-----
Washington Papers
Rets. on various subjects, Vol. 3.
Page 45

Catharine Stewart
Papers in Original case
Nos 1. to 10 inclusive
Page 46

3982
New York City
Catharine Stewart dec'd
widow of William
who died on the _____
of ____ in the State of ____
who was a Capt'n  in the _____ commanded
by Captain _____ of the _____ commanded
by _____ in the Revolution
line for  _____
Inc'd from $120
Inscribed on the Roll of New York City
at the rate of 180 Dollars ___ Cents
per annum, to commence on the 4th day of 
March, 1831 and end February 16th 1844
Certificate of Pension issued the 24 day of
July 1855 and Sent to
A.H, Markland
Arrears to the 4th of
Semiannual allowance ending Present
{Revolutionary Claim,
Act July 4, 1836,
Section the }

[signed] G.T. Getty Clerk,
Vol. 2
Page 47

Ltr J. J. Coombs Dec 26/55
& AH Markland Jany 29 /56
Page 48

New York 37[torm out]
Catharine Stuart
widow of William Stuart
who died on the 10th March 1788
of Dutchess Co. in the State of N. York
who was a Captain in the _____ commanded
by Captain _____ of the reg't commanded
of the regt commanded
by Col Ten Broeck in the N. York mil'a
[lined out "line"] for 6 months

Inscribed on the Roll of New York
at the rate of 120 Dollars ___ Cents per [torn out]
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 20th day of Feb
1844 and sent to L. Jenkins
Albany N York

Arrears to the 4th of Sep. 1843  1500.00
Semi=annual allowance ending Mar -44.  60.00
$1560.00

[Revolutionary Claim,
Act July 4, 1836
Section the 3, [torn out]}

Recorded by D Braun
Book C Vol. 1 Page 82


Set to Hon H Fish
At 10 1844
Let to Hon. H. Fish 1st May 1844
Page 49

Catharine Stewart, decd
widow of William
New York (Kings Co)
Act July 4, 1836
for Increase
Admitted
Capt of Infy, in Col Morris
Graham's Regt. N.Y. Mil'a
9 mos at $180 per annum
from March 4. 1831 [lined out "when"]
to Febry 16th, 1844, [lined out "deducting"]
when she died, deducting
former payments at the
rate of $120 per annum.
certificate payable to
James W. Stewart
her only surviving child
Atty
A H Markland
Present
Page 50

Rhinebeck Sep. 27. 1854
J. L. Edwards Esq.
Com of Pensions
Sir,
I have recd your favor of the 11th inst. stating that the affidavit of John Smith in the case of Catharine Stuart has been examined, and that the "first and only authentic evidence of the appointment of William Stuart in Col. Graham's Regiment is ^contained in an abstract from the Records of the office of the Secretary of State, showing the appointments in that Reg'n in 1776 and 1778, by which it appears that William Stuart
was appointed adjutant of the Regiment on the 18th of March 1778."
Allow me to call your attention to the following abstract from Book 26 of Military Returns for 1775 page 208, deposited in the office of the Secretary of State - (1775) Return of Field officers of the Militia of Dutchess

Rhinebeck & Northeast}
Petris Ten Broeck Colonel
Morris Graham Lieut Col.
Simon Westfall Major
Jonathan Landon D'o
William Stewart Adjutant
Hendrich Van Hoevenbergh Quarter Master}

(Indorsed)
Field officers for the Militia of Dutchess County.
Commissions Issued
Octob. 17. 1775."

Hence it appears that William [lined out "Stuart"] Stewart the claimant's husband was first appointed adjutant of Lieut Col. Graham's Regiment on the 17th of Octob. 1775 - a fact that affords a strong presumption that he took part in the 5 or 6 months tour of service
Page 51

which that Regt is known at the War Department, to have performed in the Autumn of 1776 & the winter following especially as it no where appears that any new or other appointment of Adjutant was made, until the 18th of March 1778 when owing to the death of Gen Ten Brook (the Colonel) the Regt was reorganized under Graham, promotions made and new commissions issued. It is very improbable that Stewart would have been appointed adjutant in 1778, if he had neglected the duties of his station, under his former Commission.
In addition to this, in order to establish the actual service of the claimants husband, we have the testimony of no less than four  disinterested witnesses, all certified to be men of truth and integrity  who cannot be mistaken in the prominent facts they have Stated - nor is there, I trust, any ground for a harsher imputation- and yet, we must either believe these witnesses to be perjured, or receive their statements as substantially true -Andrew Fraser (the colored man) enters into many details which he could only have derived from personal knowledge, and which if I am not myself in error, accord with the historical events of the period of which he speaks-- His evidence that Graham & Stuart were at the battle of White Plains, is corroborated by Smith, and I should be pleased to learn on what ground, if any, his Statement in this respect is assumed to be untrue-
Philip Row States that in 1778 or 9 he was one of a body of Militia who marched from Dutchess County to a position in the ighlands opposite to West point, where they remained several weeks encamped under Col. or Lieut. Col. Landon, and that Stuart on that occasion accompanied the troops and acted as an officer. The testimony of this Witness was objected to, because, it was said, there was no such officer as Col. Landon at that place. But it now appears that Landon at this time was the Lieut. Col of Grahams Regt
Page 52

Row's Statement has at least probability on its side, and there seems to be no reason for ever questioning it, unless an alibi can be clearly shewn.
I need not suggest the difficulties that, in cases of this kind, claimants he under, in regard to proof of service- altho I should think that a knowledge of these, would induce his strictness in the requirements of the Pension Office - I hope In, that you will again take this matter under consideration, and if no sense of duty opposes, that you will reach conclusion more favorable to the claimant.
I am in Very Respectfully
Your obedt Servant
John Armstrong Q'r
Page 53

Catharine Stewart
dec;d  N. Y.
for increase
Brief
Page 54

Brief in the case of Catherine Stewart deceased, widow of William
Kings County and State of New York
act July 4, 1836
Claim, ([lined out "original "" or"] for increase.)
Proof exhibited, (if original)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Pension was granted to Catharine under act of 1836, on the 20th Feby 1844 at $120 per annum for 6 mo service as capt in the N.Y. Militia in 1776 - 7 under Col Morris Graham. She died Feby 16th 1844.
There was record evidence of rank and parol testimony of near nine months previous service as adjt & record proof of his appointment as such Oct 17. 1775, but,
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Altho the minute men served a good deal in 1775- this service was not regarded by the office as continuous.
AddItional
In the case of Ensley Simmons, pensioner, N.Y. whose widow Lydire [lined out "declared"] was pensioned under act of 1836. Simmons declared that he served 3  mos under Capt Stewart & Col Graham in 1780 or 81
In [lined out "Turner's] Frazier's case N.Y. 1832 Adm? (who was the principal witness for Catharine Stewart) John Smith testified that the tour of service in which Frazier served under Capt Stewart-- commenced 8 days after Bat of White Plains and was a 9 months tour. This is the service for which Catharine was pensioned but the duration of which was not clearly proved before.
It is proved, that Stewart served at least 9 mos as captain
Name and residence of Agent
A. H. Markland
Present 

Proof that James W. Stewart is the only surviving child  of the widow

Examining Clerk
J. G. Dodge
Page 55

House of Reps. March 16. 1844
Jas. L. Edwards Esq

Commissioner of Pensions
Sir
I take the liberty to enclose a letter I have this day rec'd. I would respectfully
ask the information which it seeks - to be given at your convenience.
With much respect
your very obd svnt
[signed] Hamilton Fish
Page 56

Department of the Interior
Washington, May 7th 1856
Sir
The case of Catherine Stewart widow of
Capt William Stewart submitted to this Department
upon the appeal of J Phillips Esq.by has been the subject
of a very full and careful examination. In some particulars the testimony is rather unsatisfactory, especially
the proof of actual service, of any extent, in 1777
Taking the whole evidence together, considering the
lapse of time, the great uncertainty of men's recollections
at the age of the witnesses, the character of the service of
minute men, and all the accompanying circumstances
I am not satisfied as to the propriety of admitting
the claim for a service of more than one year. For that
term however I am of opinion the allowance should
be made. The papers in the case, are herewith returned
to your office
I am, very respectfully
Your Obt Servt
R McClelland
Secretary

Hon. J Minot
Comm of Pensions
Page 57

Let of Sec'y of the Interior
Mar, 1856.
Asking, answer to the Argument
of P. Phillips Esq.
Page 58

Department of the Interior
Washington March 1856.
The Solicitor for the claimant, in the
case of Catherine Stewart, widow of William
having filed an elaborate argument in this
Department in support of the appeal from your
decision, I have deemed it due to you, that the
same should be submitted for your examination,
before the review asked for be made
the argument of Mr Phillips, together
with the papers are herewith transmitted for
such consideration as you may deem proper
I am respectfully
Your Obdnt Srvnt
R. McClelland
Secretary

Hon J Minot
Comm of Pensions
Page 59

Application for increase
pension Catharine
Stewart widow of
William NY '36 ad
Ceole
A. H. Markland
Recd June 26 1833
Page 60

Washington DC
June 26th 1853

Hon. L. P. Waldo
Comm of Pensions⎬
I respectfully call your attention
to the claim of Mrs Catharine Stewart widow of 
William of New York admitted under act 1836, I
ask an increase of said pension from six months
service as a Captain to two years as an Adjutant
& Captain, it will be seen that he was appointed
an Adjutant in October 1775, and continued
in said service until 1779, he has only been
for six months as a Captain
I am Sir Very Respectfully
Your Obt Svt
A. H. Markland
Page 61

J L Edwards
Comm'n of Pensions
John Armstrong, Jr. Esqr
Rhinebeck
N. York
(C1 at)
Page 62

War Department
Pension Office
Nov. 12, 1836
Sir,
The papers of Catharine Stuart, widow of William Stuart, have been examined and placed on file. By the regulations of the Department, record evidence is necessary to prove the marriage of claimants under the 3d section of the act of July 4, 1836. When there are no records to be found, the certificate of the officiating Clergyman is admitted; and in case neither can be had, the testimony of a credible witness having knowledge of the fact is required.
The claimants husband, it appears by the Staff roll of Col. Graham's regiment, was an Adjutant in 1775, 1776, and 1778. In 1779 his name is omitted. the duration of each term of actual must be specified more definitely before it can be determined whether any, and if any, what portion of the service claimed can be allowed.
I am respetfully
Your Obt. Servt.
J.L. Edwards
John Armstrong Jr. Esqr
Rhinebeck
N. York
Page 63

Catharine Stewart, deceased,
widow of William
New York, (Kings Co)
Act July 4, 1836
for Increase
Admitted
Captain, &c. 12 months
at $240 per annum
from March 4th, 1831, to
February 16th 1844, when she
died, deducting former payments
at the rate of $80 per annum.
Certificate payable to
James W. Stewart
her only surviving child
Atty 
A. H. Markland
Present
Page 64

Washington DC July 6th 15
Hon L P Waldo
Commr of Pensions
For further evidence of the Military
service of Capt William Stewart in the War of the Revolution
I refer you to the evidence in case of Lydia
Simmons Wid. of Ensley of NY act 1832 ad, and also
to that of Robert Martin NY 1832, the American Archives
will show evicence of his service as adjt.
I [illegible] Ver Respectfully
your Obt Svt
A. H. Markland
Page 65

Jan 5 1844
NY
Cath Stewart

Edwards Esq
Commissioner of Pensions
Washington City

Hon J P. Phoenix
Page 66

House of Reps 2nd Jan 1844

Mr. Edwards
D//S
Will you do me the person to give the enclosed, the
the
examination derived by Mr Perkins and communicate the result
to me at your earliest
convenience
Respectufully {illegible]
J Phillips Phoenix
Page 67

No 13
Washington, Nov. 21. 1855.
Sirs;
I respectfully request a reexamination of the claim of Catharine Stuart, decd widow of William of New York, under
Act of 1836, with a view to any increase, founded upon additional evidence herein referred to.
The claim has heretofore been allowed at the rate of $180 per annum, for 9 months service as Captain, commencing "a few days after the battle of White Plains", say from 1st Sept. 1776, to the 1st of June 1777.
By reference to the brief, upon which an increase was allowed in July last, it will be seen, that the only service for which the claim has been allowed, is a term of nine months, which Andrew Frazier served under him, which is shown by the testimony of John Smith, to have commenced three days after the
Page 68

8877
Battle of White Plains.
By reference to the papers of Henry Soper, of New York, a pensioner and the act of 1832 (and whose widow, Hannah 
Soper, has been pensioned under the [illegible] 1838, 1843 1844 & 1848,) it will see

NY Soper enlisted in the spring of 1776 for 6 months Morris Graham, Cap Wm Stewart & Lt John Hardin & Stephen [cut off] , dischd at White Plains, see case of Hannah Soper as 48, NY

months in said Company, and was discharged at White Plains at the end of said term. For this service said John was pensioned, and his widow after him.
Here, then, is evidence of a six months tour of service, rendered prior to the commencement of the nine months service heretofore admitted. And this is proved by additional evidence.
There was heretofore evidence on file, showing that said W Stewart was commissioned adjutant in
Page 69

8877
Battle of White Plains
By reference to the papers of Henry Soper, of New York, a pensioner under the act of 1832 (and whose widow, Hannah
Soper, has been pensioned under the act of 1838, 1843. 1844 & 1848) it will be seen that said Henry Soper states in his declaration, that he volunteered in Captain Wm Stewart's Company the spring of 1776, and served six months in said company, and was discharged at White Plains at the end of said term. For this service said John was pensioned, and his widow after him.
Here, there is evidence of six months tour of service, rendered prior to the commencement of the nine months service heretofore admitted. and this is proved by additional evidence. 
There was heretofore evidence on file, showing that said Wm Stewart was commissioned Adjutant in
Page 70

Oct. 1775, and again commissioned as Adjutant in 1778, but no allowance was made for service in said rank.
There is also evidence on file, showing a considerable amount of service in 1777, 1778 & 1779 (all subsequent to the 9 months service heretofore admitted for which [text cut off by overlay]

Joseph Fish does not testify to 4 months under Stewart in 1777

Jacob Cause to at least 2 months service in 1779 [lined out "out several tours"] Did not serve under him
{Philip Row to several weeks service under Capt. Stewart in 1778 or 1779.  
In corroboration of the testimony of these witnesses, I respectfully refer you to a resolution of Congress of Aug, 5th 1777 directing the commanding officer of the Northern Department to apply to N. Hampshire, Mass, Conn, New York, N. J. and Pa. for militia
to reinforce the army, to be con(tinued)
Page 71

Oct. 1775, and again commissioned as Adjutant in 1778, but no allowance made for service in said rank.
There is also evidence on file, showing a considerable amount of service in 1777, 1778 & 1779 (all subsequent to the 9 months service heretofore admitted) for which no pension has been allowed.
Joseph Fish testifies to four months service in 1777
Jacob Cause to at least 2 months service in 1779 [lined out "out several tours"] did not serve under him
{Philip Row to several weeks service under Capt. Stewart in 1778 or 1779.
In corroboration of the testimony of these witnesses, I respectfully refer to a resolution of Congress of 5th ^1777directing the commanding officer of the Northen Department to apply to N Hampshire, Mass. Conn, New York, N.J. and Pa. for militia to reinforce the army, to be con(tinued)
Page 72

(con)tinued in service till the last of Nov. (4 months).
Also, a resolution of Feb. 26. 1778.- calling upon N.Y. for 5 battallions 
of Militia to serve 9 months. Col. Morris Graham's regiment, to which
it is shown Capt Stewart belonged,) was in service nine months under
this Call. This fact will appear by reference to the case of Israel Seceas of Conn. under act of 1832, lately admitted by the Commissioner.
I think it is clearly proved that said Wm Stewart served more than
two years as captain, to say nothing of his service as Adjutant
in 1775, 1776 and 1778, as shown by the Staff rolls of Col Graham's Regiment, referred to by [lined out "as shown by"] the letter
shown by the letter of your predecessor of Nov. 12th 1836, on file in the case
Very respectfully
Your obt servt
Hon J. Minot
J. L. Coombs

Hon J. Minot
Court of Pensions
Page 73


121
Ask re-exammation of Case
Catherine Stewart
WJ
William Stewart
New York 1836 ad
(No 15.)
Dodge
David Andrews
15  May 1828 [illegible] 554
A. H. Markland
Page 74

Washington DC Dec 2nd 1833
Hon J Minot
Commr of Pensions
I respectfully call your attention to the case of Mrs Catharine Stewart Wid of William of NY ad act 1856, I ask a reexamination with a view to an increase upon the ground the evidence furnished by the proceedings of the Provincial Congress of New York show him to have been in service as  Captain a much longer period than the widow has been allowed for. A copy of the full proceedings of said Congress may be found in the Library of Congress, but full extracts relating to the service of William Stewart as Captain were taken by one of the Clerks of your office (Mr Dodge) a few days since, I would further state that for a full and authentic account of the service of Col Graham's Regt. in which Capt Stewart Served during the whole time I refer you to the cases of James Young, David Andris & Diana Brink of New York- I feel satisfied that upon a rexamination of the case you will constrained by the weight of record and parole proof now produced to allow the case for two years
Page 75

as Captain and Adjutant,
I am sir, Very Respectfully
Your Obt Svt
A. H. Markland
Page 76

Copy
Pension Office,
Decr 26. 1835.
Sir,
The application for further increase of the pension of Catharine Stewart, widow of William, of N. York, under the act of July 4th 1836, has been examined in connection with the cases of Hannah Soper and others mentioned in your brief of the 21st ult.
The applicant was first pensioned for months service of her late husband as Captain. This allowance was increased to one for nine months service to support the claim for this first increase, evidence was offered to show that the service of Captain Stewart commencing  in the summer of 1776, was a nine months tour in its entire duration. The principal witness to this fact was one John Smith who testified in Frazier's case that Frazier served a nine months tour under Captain Stewart, in corroboration of the testimony of Frazier in Mrs. Stewart's case. There were filed original letters of Capt. Stewart &c showing, as is also shown by the records in the State Department of the United States and the State of New York, that Stewart was in active service in the fall of 1776
It is now sought to be shown by the declaration
Page 77

of Henry Soper that the service under Capt. Stewart extends from the spring of 1776, and coupling this with the statements that Frazier served a tour of nine months after the battle of White Plains, bring the testimony to the conclusion that the service amounted to some fifteen months. The declaration of Soper, made in 1832, is that he entered service under Capt. Stewart "in or about the spring of 1776" and served six months. He describes no service which need to have been of an earlier date than August 1776. The statements of Frazier and Smith do not amount to much more, even upon a liberal construction, than that the tour was for nine months, of which Frazer performed the greater part. Making the allowance for exaggeration and for mistakes in dates to which the human memory is subject, and which experience proves is no more than simple justice in cases of this description, I cannot perceive that the proofs cited warrant an increase of the allowance, although they lend some little confirmation to what appeared probable before, that Stewart did perform more service than the widow has been allowed for, but the duration of which has not yet been satisfactorily ascertained Joseph Fish, whose case is cited, did not declare that he served under Stewart. It is true that Ensley Simmons declared that he served three months under Capt. Stewart in 1780 or 1781,  but my predecessor did not conceive this statement a sufficient ground for allowing a further increase.

Respectfully &
(Signed) J Minot,
Comm

J. J. Coombs Esq}
Present}
Page 78

Copy
Pension Office
Jany. 29 1836
Sir,
I have carefully examined the application, and proofs in
its support, for an increase of the pension of Catharine Stewart, decd widow of William of New York, under the act of July 4th 1836.
While I cheerfully admit that the proofs last referred to by yourself and Mr Coombs, taken together with those before adduced in the case render it probable that Captain Stewart did perform more service than the pension has been allowed for there is not that degree of certainty in the evidence, which, in my judgment, would warrant me in still further increasing the pension, especially when the allowance has so recently been increased. I do not, for example, regard it as certainly established that Stewart performed the constant service claimed for him in the winter of 1776-7. I am not entirely satisfied that for all the time from January 1st to the last of April, Stewart was in constant service as a Captain of Militia. That he performed his duty faithfully, as required of him, is evident from the fact that in May 1777, he was one of the Court Martial called, probably, for the
Page 79

trial of those who had failed to serve as required. Yet I do not deem it certain that any one company of the Militia was required to be in active service during the entire winter.
There should be some point at which the reexamination of cases like this should rest; and the party claiming has so recently acquiesced in an allowance made by this Office that I am not willing to disturb that adjustment, except upon the production of evidence more determinate and positive than that upon which you at this time ask for an increase.
A. H. Markland, Agt
Present
Dodge
Page 80

Andrew Frazier fall of 1775 Wm Steward an officer in Ten Broeck's Regt. - 6 months from Battle of White Plains, Oct 28 1776,
Philip Row, several weeks in 78 or 79 (7 or 8)
Joseph Fish, officer 5 months from Summer 1776
believes cap 4 months 1777,
Jacob Couse, fall of 76 - 2 or 3 Mos 79
M Smith, fall of 79 Battle of White Plains
Letter to his wife Aug 15 1776, or Aut 4 1776
Henry Soper spring of 79 6 mos [illegible[
White plains
Page 81

[illegible] of the [illegible]

Vol 2 P 395
Jany 9th & 10th Col Graham {illegible]
[illegible] in service

[illegible]

Vol 1  [illegible]  922 Meary 2d & 3d Capt
Stewart member of Court Martial of
which service  [illegible]

Vol 28 P 303 July [illegible] 1777
[illegible] letter to the court he did
testify - urging that the call on [illegible]
of [illegible] counties [illegible]
[illegible] 1st of August

Vol 1 P 197. Militia ^ & Minute Men of Dutchess, Grange & Ulster
to garrison the fortresses on the Hudson
Novr 8, 1775
Page 82

Vol 1 p 33. Committee of Dutchess
ordered militia to the passes of the
Highlands Nov 28, 1775
Vol2 p 1024 Graham's Minute
Men to be in readiness to march to
the Highlands Aug 5th '77
P1018 - 1/3d of militia are in service
& have been since May last -
27 July Set of (illegible] to Gov [illegible]
Page 83

Vol 1 P 528 Morris Graham appointed
July 17th 1776
P.658 Rank Roll at Kingsbridge
of Grahams Regt Sept 10, '76 - Wm Stewart
Capts 6th Compy - Hardenbergh & Leaton Lts
P.75 Jany 2d 1777
The militia of Dutchess - in Col Grahams
Regt having refused, on Decr 30th 1776 to
march to the passes of the Highlands, are
to be entitled by forced &c.
P903
Graham informs the Convention
under date of Apl 1777 (Proceedings of
Apl 28th) of the burning of Danbury &c
and asks whether he shall march to
the Fort in the Highlands as directed by
Genl Clinton, or to Danbury " Ordered
to the Highlands
Vol 2 P754. Order to raise man from Dutchess
&C (of the Militia) to serve to thee first day of
of March next - [illegible]
Page 84

Act 4 July 36
[lined out "C. Stewart]
C Stuart
Wid  cw of Wm Stuart
Captain
6 mo.

[adressee on envelope at 180 degrees]
James L. Edwards Esquire
Commissn of Pensions
War Dept
Washington City.

[vertical script at right, center]
Conv Feb 13, 1844
Cath Stewart
N York
acceets

$120 per an
L. Jenkins
Albany
N. Y.
Page 85

Albany Feb. 9. 1844
James L. Edwards Esquire
Commiss of Pensions
Sir
The Honble J.P. Phoenix has enclosed to me your letter to him of the 5th inst. respecting the claim of Mrs. Catherine Stewart under the act of July 4, 1836.
on her behalf I accept the allowance you propose on account of her Husbands service for 6 months as a Captain.
as Mr. Phoenix is sick, I address myself directly to you being
admitted soto do by his son
I am Sir
with oprait respect
Your obed Sevt
Leml Jenkins
Have the goodness to give your immediate attention to the above as the widow is aged & infirm
Page 86

House of Representatives
February 1, 1844
Jas L. Edwards Esq
Commissioner of Pensions
Sir
I take the liberty to enclose a letter I have this day received from an old Gentleman of great respectability in relation to a claim for a Pension for the Widow Catharine Stewart.
I presume the application is already before you, & that Mr Radcliffs' letter is in the nature of an explanation, or of evidence, Should there however be no application in behalf of Mr Stewart. I would respectfully request to be informed thereof.
With much respect
your very obed Svt
Hamilton Fish
Page 87

Albany August 2d 1843
James L. Edwards Esquire
Commissioner of Pensions
Sir
At the request of Mrs Catherine
Stewart, Widow of William Stevent I renew her application for a pension under the act of July 4, 1836, heretofore made through John Armstrong Esq who has relinquished his agency in this matter, and handed over the papers to me.
In support of Mrs. Stewart's claim I herewith transmit the following additional documents - 1. an affidavit of Joseph Fish. 2. The Certificate of Arch'd Campbell Esq Depy. Secy. to the appointment of William Stewart as Adjutant of a Regiment of Militia in Dutches County. 3. An original letter from Capt Stewart to his wife, dated Augt 19, 1776 & 4th. another original letter from the same  to the same dated Novr  4 1776.
I also enclose my own remarks upon the claim, which I begleave to submit to your consideration
I am with great respect
Your Obt Servt
Lemuel Jenkins
Page 88

Record Division.
April 11, 1910
Mr. Eli C. Church,
Columbia University,
New York City, N. Y.
Sir:
In reply to your letter dated the 26"" and received the 28"" ultimo, you are advised that in the claim of William Stewart, Wid. File No. 19,104, Revolutionary War, it does not appear that the soldier rendered any service other than that furnished you January 11, 1908.
Very respectfully,
Commissioner.
Page 89

The Commissioner
Department of
Columbia University
in the City of New York
DEPARTMENT OF CIVIL ENGINEERING
26th March 1910.
The Commissioner of Pensions,
Department of the Interior,
Washington, D. C.
Dear Sir:--
Can you give me any information as to whether my Great-
great-grandfather, Capt. William Stewart, of Milan, Dutchess Co.
New York, after serving as captain in the New York Militia, 1775-
1776; then became (8th Nov. 1776) a Lieutenant in the 2d. Canadian
(Hazen's) Regiment; and was commissioned Regimental Adjutant
1st February 1778, thus seeing service as an officer in the Regular
or "Continental Army".
I know that his widow, Catherine Stewart, obtained a
pension from the government, and I have thought that in the affidavit
of his service accompanying her application, some mention of these
facts might be found.
Any information which you can give me in this matter will be
greatly appreciated,

Yours very truly,
[signed] Elihu Cunyngham Church
[circular stamp] U.S. Pension Office A, Mar 28, 1910
[date stamp] MAR 29 1910
Page 90


JOHNSON'S DRUG STORE
CORNER POST STREET & MAIN AVENUE
SPOKANE, WASH. 1/25   1909  190
Commissioner Pensions,
Washington, D.C.
Dear Sir:-
Enclosed please find letter written by me to Adjutant General's office, and reply to same.
As you see by the enclosed letter I have been referred on for information regarding William Stuart.
There is at present a man living who used to go with
this party when he drew his pension for serving in the Revolutionary War.
Thanking you for any additional information that you
can give me. I remain-
Very respectfully yours,
[signed] D. A. Johnson
Kindly return enclosed letter-
in your reply-
Page 91

ELIHU CUNYNGHAM CHURCH, C.E.
40EAST I3Oth ST. NEW YORK CITY
28th Dec. 1907.
The Director of Pensions,
Washington D.C
Dear Sir:-
In order to substantiate my claim to membership in certain patriotic societies I desire to prove that my great-great-grandfather, Captain or Major William Stewart, of Milan, Dutchess County N. Y. saw active service in the Revolution. I understand that he was Captain and Adjutant in the 
1st Dutchess County Regiment of New York State Militia from Rhinebeck; also that he was an officer in Col. Thomas Grahams Regiment of foot under Brig. Gen. Clinton.
I thought you might have some record of this as I have been told that his wife Catharine Stewart during the later years of her life drew a pension due
her as the widow of an officer who saw active service during the Revolutionary War.
In order to gain admittance to the Cincinnati I am particularly desirous of
showing that not only was he an officer
(over)
Page 92

in the Militia, but that at some time during the War he was connected with the "Regulars"
Any information you can furnish me on matter will be greatly appreciated by.
Yours truly
by
Elihu Cunyngham Church.
[circular stamp] Record Division Jan 3 1908
[circular stamp] U.S. Pension Office O Jan 2 1908
Page 93

176 Lake Ave
Rochester N.Y
Dec. 2. 1896
Chief of Record and Penson Dept
War Dept. Washington.
Dear Sir
Will you kindly inform me if you have in your keeping records of pensions granted to revolutionary soldiers,
I wish to obtain a certified copy of the person and claims on which it was granted to Catharine Row
Page 94

widow of Wm Stewart of the town of Milan, Dutchess Co. N.Y. Wm Stewart was captain [lined out "of"] in the first Dutchess Co. regiment of foot 1776, under the command of Col. Morris Graham who served under Brig. Gen. Clinton. Wm Stewart died in 1788 but his widow, who did not many
again, lived until 1874 and up to the time of her death drew the pension due the widow of a revolutionary soldier.
If you have not these records in your keeping can you tell me where to apply.

Sincerely yours
Mary G. Pierce
Page 95

[left half of page]

[square stamp]
RECORD & PENSION OFFICE
463315
DEC 3 1896
WAR DEPARTMENT
S

Rochester NY
Dec 2, 1896

Wm Stewart
NY Rev. War

[Rectangular stamp]
[illegible] & NAVY
DEC 10 1896
[illegible]

Mrs. H. M. Pierce
Requests information in regard to where records of revolutionary war pensions are & to be found. Desires to obtain a copy of claim of the widow of this man on her application for pension.

Rev War

[right half of page]

Record and Pension Office,
WAR DEPARTMENT,
Washington, Dec'r. 4, 1896.
Respectfully returned to
Mrs. H. M. Pierce,
No. 176 Lake Avenue,
Rochester, N. Y.
Applications of this nature should be addressed to the Commissioner of Pensions, Washington, D. C., who is custodian of the pension records of all wars, and whose office is separate and distinct from the Record
and Pension Office of the War Department

[circular stamp]
US PENSION OFFICE
DEC 8 1896

BY AUTHORITY OF THE SECRETARY OF WAR:
[signed]  F. C. Ainsworth
Colonel, U.S. Army, Chief of Offce.
Per u/
(800a)
Page 96


Albany October 18th 1843.
James L. Edwards Esquire
Commissioner of Pensions
Sir,
In my letter of yesterday I refer you to Wheeler H. Clarke Esq. for certain documentary evidence from the office of the Secretary of State, which he was to obtain and lay before you in support of the claim of Mrs. Catherine Stewart, (widow of William Stewart) for a pension under the act of July 4 1836. Presuming that Mr. Clark will have obtained that evidence before this reaches you, I enclose the affidavits of Philip Row, John Radclift & Gitty Lyle, identifying the Claimant as the Widow of the William Stewart who was ^appointed in 1775 as adjutant of the Regiment of Militia, commanded by Col. Ira Brocek & of the same Regiment commanded by Col Morris Graham in 1778.
I presume the affidavits can have no doubt as to her  identity. I am authorized by Mr Radcliff to refer you to the Hon Richard D. Davis, Member of Congress, for the character & standing of himself & Mrs Lyle & Mr Row.
From your letter to me of the 26th ulto. in reference to this claim, it would seem that the testimony transmitted to you  by Mr Armstrong, the claimant's former agent has in a great measure overlooked, in your recent examination
Page 97

of this case. In this, however I may be mistaken. But I take the liberty to refer you to that testimony, & also to my remarks accompany my letter to you of the 2d of August last.
Hoping that the said affidavits, with the documentary evidence furnished by Mr. Clarke, will remove all objections to Mrs. Stewart's claim, I will not trouble you, at this time with any further comment on the testimony previously furnished by Mr. Armstrong & myself.
I am, sir, with great respect
Your obd. Servt.
Lemuel Jenkins
Page 98

Letter of Genl Heath, dated Kings Bridge Aug 27, 76 to
Col Morris Graham, orders him to move his regt to
Frog Point near the New City - p1185 Arch 5 series ^ Vol 1
same to same Aug 29 /76 Orders - 1216 - - - -
Petition of Col Morris Graham and the other officers of his
regt to Genl Clinton - no date, but evidently about
1st Oct 1776. "William Stewart Captain" Jo 1263.
Morris Graham appointed Col of 2d Regt of Dutchess Co
Militia - to go into immediate service. July 17/76 p1414
Genl Heath to Capt Wm Stewart dated Kings Bridge Oct 4
1776. orders him to convey suspected persons to Fishkill,
leave to then go to Nine Partners, & to return to K. B. "on
Wednesday next. 1882 - 2d Vol
Return of Officers in Col Morris Grahams regt fit for
duty, about Oct 4, 176 - Capt Wm Stewart on command
to Fishkill with [lined our "prisoners'] Jones, p. 872.
Return as above Sept 10.76.- Wm S. Capt. at Kingsbridge Vol. 3 p219
Do " " Nov 14 /76 Do " Peekskill p683
Do " " Sept 10 - Do same vol
4th Series Vol 5 p 272. Col Morris Graham Genl Ten Broeck
& Col Livingston  - Committee of N.Y. Congress to servise (sic)
the militia laws. Feby 16, 1776
do p1665. N.Y. ordered by Count'l Cong. Apl 11th 1776 to
Page 99

discharge so many as she can with safety, of her
militia "now in the pay of the Continent."
4th Serves Vol 6 - 1695 - New York called on by Cont'l
Congress to furnish 3000 militia to reinforce the
Army at New York, June 3d 1776

Dodge's Brief
There was in the State of N. York, up to the Summer or Fall of 1776 a distinction between the Militia and the minute men, the latter- 1/4th of the militia were liable to constant service.
Late in 1776 this distinction was abolished, and under the requisitions of the Commander in chief, the Resolutions of the Cont'l Congress and the State Congress, the militia in and near New York were in active service, the duration of the tour being arbitrary.
Page 100

Albany November 6. 1843
James L. Edwards Esquire
Commissioner of Pensions,
Sir,
I enclose the affidavit of William J Stewart,  in support of the claim of Mrs. Catherine Stewart, Widow of William Stent, for a pension under the Act July 4, 1836.
Will you have the goodness to annex the enclosed affidavit to those I sent you in the same case in the 18th ulto.
I am Sir
very respectfully
Your obed. Sevt.
Leml. Jenkins,
Page 101

Clk.. H. Reps.
12. Oct. 1838
GC
Record of 47 page 329
Page 102

War Department
Pension Office
12. Oct 1838
Sir
Please transmit to this office the papers of Catherine Stewart who claims a pension for the revolutionary services ofof her late husband William Stewart.
The Clerk of the
House Representatives
US
Page 103

Catharine Stewart, deceased,
widow of William
for Increase
Brief
Increased to 12 mo's service
May 8th, 1856
Page 104

Brief in the case of Catharine Stewart, deceased, widow of William
Kings County and State of New York
act July 4, 1836
Claim, ([lined out "original" or] "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance,
Feby 20th 1844. Certif'e issued to widow under act of 1836 at $120 per annum.
Certificate to present claimant July 24th 1855 at $180 per annum
deducting former payments.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Reference has been made to the Journals of the Provincial Congress
of New York and to other pension cases.
On appeal, and on a revision of all the evidence in the
case, as well as to numerous public records, the Secretary of
the Interior advise the allowance of an increase to 12 months
service, at $240 per annum
S. G. Dodge
Examining Clerk.
Name and residence of Agent
A. H. Markland
Present-
Page 105


Feb 28 '44
Cath Stewart
Revry NY
file
James L. Edwards Esqr
Com of Pensions
War Dept
Washington City
Page 106


Albany February 24, 1844
James L. Edwards Esquire
Commiss'n of Pensions
Sir

I wrote you on the 9th inst. accepting on behalf of Mrs Catherine Stewart, the offer contained in your letter of the 5th inst. to the Hon'ble J. Phillips  Phoenix, of a pension for 6 months services of her Husband as a Captain.
Not having heard from you in reply, I beg leave to call your attention to the case, as nothing is now waiting except the making out of the Certificate,
which I presume can be done without waiting the regular term of Cases which are yet to be examined
I am Sir
with great respect
Your obed. Servnt
Lemuel Jenkins
Page 107

'31
Comm of Pensions
Feb 27/'56
Catharine Stewart
deceased, widow of
William Stewart
New York
Report on Appeal
claim for increase of
Pension, under Act July 4
1836.
3
Recd February 29. 1856
Page 108

Pension Office
February 27th, 1856
Sir,
I have the honor to submit the following report in the case of Catharine Stewart, deceased, widow of William, of New York, under the act of July 4th, 1886, on the appeal taken by A. H. Markland, Esq. attorney for the surviving child, on the first instant, from my decision made known to him in my letter of the 29th ultimo:
Catharine Stewart made her original declaration on the 20th of October 1836, paper marked No 1 in which she set forth the services of her deceased husband substantially as
she supposed them to have been performed, taking for her guide the "Military Returns"  and "Proceedings of the Council of Appointment," as referred to in her declaration, together with her own imperfect recollection. The record evidence upon which she relied is substantially stated in the certificate of the Dep'y Secretary of State of N. York, marked No 3. Attached to the original declaration are the affidavits of Andrew Frazier and Philip
Row, the latter of whom testified to a service of about two months, at the Highlands, in 1778 or 79, apparently as Adjutant, and the former to a service of six months, commencing about the time of the battle of White Plains, (October 1776, in
Page 109

which Stewart was Captain. Reference was also made in the declaration to a will made by her husband Sept 9th 1776, on the eve of battle, - paper marked No 2.
The affidavit of Jacob Cous made Sept 1, 1838, is to the fact that Stewart served as Capt. in the fall of 1776- paper marked No 4.
A further affidavit of Philip Row of Oct, 1838, stated that Capt Stewart went out on four or five tours, marked No 5.
The affidavit of Jno Smith of July 1st 1839, is to the service in 1776, as above, marked No 6. as is that of Joseph Fish of May 4th 1843. marked No 7.
The fact that Stewart was a captain in 1776, was proved by the papers marked No 8
As further evidence of that service are the original letters of Capt Stewart, dated August 19th and Novr 4th 1776, papers marked No 9 and 10.
Upon this evidence of service a pension Certificate issued to the claimant, on the 20th of February 1844, at the rate of $120 per annum for six months service of William Stewart, as Captain.
In the Summer of 1858, the widow having died the 16th of February, 1844, application was made by James W. Stewart, only surviving child of Catharine. See paper marked No 1. for an increase of the pension.
Page 110

In support of this application, the attention of whose widow, Lydia, was
this office was called to the case of Ensley Simmons, whose widdow Lydia was a pensioner from N. York, under the act of 1836, and the case of Andrew Frazier, pensioner from N. York, under the act of June 7, 1832, as well as to the American Archives, &c.
In the case of Simmons, it appeared in proof that he served a tour of about three months under Col. Graham, (Stewarts Colonel) and Captain Stewart, whose christian
name was not given, in 1780 or 1781.
In Frazier case, John Smith that the service of Frazier commenced three days after the battle of White Plains, (Oct 28, 1776. ) and that this was a 9 months tour. Smith also knew Capt Stewart to be in service both before and after the battle of White Plains.
The American Archives, 5th Series Vol. 1. it appears that Morris Graham was appointed Col. of the Dutchess Co. N.Y. Militia, to go into immediate service, July 17, 1776. see page 1414; that numerous orders were issued to him regarding the movements and disposition of his troops, from as early as August 27th '76. And, from returns and
correspondence, in Vol 1 and 2, same series, it appears that Wm Stewart was returned and in service as Captain, from as early as Sept. 10th '76, through the campaign
From an examination of the proceedings of the New
Page 111

York Congress and Committee of Safety, it appeared that up to the fall of 1776, there was a distinction between the militia and minute-men; the latter being one fourth of the militia, were liable to constant service; and that Col. (afterwards Genl} Ten Broeck's regiment, afterwards Col Graham's were among the most active in the service
It had also been admitted by this office in a letter to John Armstrong, Jr. Esq. of Nov 12, 1836, that Captain Wm Stewart was an Adjutant in 1775, 76, and 1778. See paper marked No 12. The rank roll referred to in the here is not found
In the case cited it also appeared that Captain Stewart was a very active and zealous soldier. Frazier had testified to the remarkable horse he rode in a tour of about two or three months service in 1777 or 1778, above referred to.
After a long and careful examination the
allowance was increased to $180 per annum, for 9 months service and a certificate
was sued the 24th of July 1855.
A further application for increase was made on the grounds stated in the letter of J. J.
Page 112

2d Sheet
Coombs, (marked No 13.) My answer to this application, of date of December 26th, 1855, marked No 14. will explain the ground upon which I then declined to allow the increase asked for.
Again, as by the letter of A. H. Markland, Esq. dated Decr 2d 1855, (should be Jany 2d 1856), marked No 15. the demand for increase was urged upon me.
An examination of the Journal of the N. York Provincial Congress, Vol. 1st and 2, in the Congress Library, it appears that the active service of a portion, at least, of the troops under Col Graham, continued until about the last of April 1777, though there is no positive evidence that Captain Stewart served all that time, excepting the parol  evidence above alluded to - that some of the militia of Dutchess refused to serve in the winter; and that Capt Stewart was a member of the Court martial, sitting the 2d and 3 of May 1777, for the trial of delinquents.
It was urged that Capt Stewart served a four months tour in 1777 or '78. and one witness testified that to the best of his recollection, he did so serve. In 1778, Graham's regiment performed a service of nine months duration commencing April 1st of which there are staff and Company rolls in this office; but Captain Stewarts
Page 113

name is now here to be found on them.
Several revolutionary pension cases, aside from those mentioned, have been examined in connexion with this claim for increase, but, as they do not seem to bear strongly upon the merits of the claim for increase, mention of them is omitted.
My answer to Mr Markland, dated the 29th ultimo contains the views I take of the case,
as it now stands; and to a copy of that letter, marked No 16, I respectfully call your attention.
I have the honor to be, very respectfully
Your obt. Sev't
J Minot
Commissioner
Hon Robert McClelland
Secretary of the Interior
Dodge
Page 114

Oct 28 79
Andrew Frasier
[script is faint and illegible]
Page 115

[script is faint and illegible]
Page 116

on file
Rev N York
" Clarke
Hudson, New York
Dec 25yh, 1850
Dear Sir/
Mrs. Catharine Stewart in her life time applied for a pension for the services of her husband William Stewart in the Rev'n. Leml Jenkins Esqr of Albany was her Atty and She obtained a pension from the Dept. for her said husband
serrvicea in 1776 as Capt. from Evidence I found [illegible] him - being a certificate I obtained from an officer of the Secy of State of the United States, of said Stewarts service as Capt in Morris Grahams regmt in 1776. The certificate is on file.
It is claimed that William Steward served at other times than those upon & for which the pension was obtained -
I am employed by one of the children of said Stewart to apply for an increase, his mother said Cathine being 
now dead.
I am not aware of what she claimed her husband served, nor do I know what she has stated.
I wish the Conv, to give you a look into her [missing text]pers- so that you [missing text]lleged in her papers
[signed] Thulult
H H Sylvester Esq.

[vertical script in left margin]
Sterart [illegible[ Capt &
[illegible] court. This would
[ilelgible] the pension to the
$400. Would It
increase any [ilelgible[
Page 117

Certificate of Depy
Sec of State of New York
(No 3)
Page 118

State of New York
Secretary's Office}
I certify that on the 17th of October 1775 William Stewart was appointed and commissioned Adjutant of the Regiment of Militia in the County of Dutchess whereof Petrus Ten Broeck was Colonel: all which appears by the minutes of the provincial Congress of New York in this Office.
And I further certify that on the 18th day of March 1778.
William Stewart was appointed and commissioned Adjutant of the Regiment of Militia in the County of Dutchess whereof Morris Graham was Colonel. - the said Morris Graham having been appointed Colonel of the said Regiment in the place
of Genl Ten Broeck deceased. All which appears by the Minutes of the Council of Appointment of this State in this Office
Archd Campbell
Dep. Secretary
Albany June 12, 1839
Page 119

Jacob Cous
Afft
(No. 4)
Page 120

State of New York
County of Dutchess} SS.
Be it known that on the First day of September in the year of our Lord one thousand eight hundred and thirty eight before me Stephen Thorn one of the Judges of the Court of Common Pleas of said County, personally appeared before me Jacob Couse a resident of the town of Milan in said County and made oath in due form of law that he is aged eighty seven years last September; that he is a pensioner of the United States under the Act of 1832, that he was born and has always resided in that part of Dutchess County which was formerly the town of North East in said County; that he is well acquainted with Catharine Stuart the widow of William Stuart of said Northeast deceased. That he was well acquainted with the said William Stuart before and during the revolutionary war, during all which time and until the death of said Stuart which took place a few years after the war, the deponent resided about five miles from the place of residence of said Stuart that the said William Stuart kept a store in the said town of North east That the said William and Catherine were married and had children by said marriage before the Revolutionary war. that in the early part of the Autumn of 1776 the Deponent was drafted as a private in Colonel Jenkins Regiment of Militia then called into ritual service - That Maurice Graham was the Lieutenant Colonel of said Regiment. That the said William Stuart was then in officer in said Regiment and Deponent thinks that he held the rank of Captain as he was always called Captain Stuart. That he the Deponent did not serve on that occasion, but hired a substitute- That the privates were drafted for one month and at the end of each month were relieved by fresh drafts That the deponent well remember that the officers severally and the said William Stuart in particular remained in the service during the whole period of the call, that they left North East
Page 121

that in the early part of the Fall of 1776, the same year that the battle of White Plains was fought, and did not return until the spring following. That Deponents father during the winter carried down a load of soldiers from North East, and on his return home, his father mentioned his having seen Graham and Stuart, meaning Colonel Graham and the said William Stuart, and spoke of them as doing their duty at the same time that he spoke with contempt of one Capt Stephen Edget who he said had run away - which last circumstance the deponent saith impressed the whole conversation on his memory. The deponent further saith that he is well acquainted with Andrew Frasier a colored man. That he has known said Frasier from deponents childhood. that he has never heard any thing against his character for honesty or truth and veracity. that the Deponent has always believed, and believes said Frazier to be an honest man and a credible witness and has always understood and believes that said Frazier served with Colonel Graham as a waiter in the year 1776, and accompanied him on the tour of service above mentioned. The deponent further   Saith that the said William Stuart was in actual service doing duty as an officer in 1777, when the British ascended the River and burnt the Village of Esopus. That this Deponent served as a private in the Northeast Militia that were called out on  that occasion, and knows that said Stuart was with them; but that their services at this time were required for a few days only. That the said William Stuart was also in actual service, in 1779 at the time of & subsequent to the capture of Stony Point - That the Militia with which he served on that occasion,  this deponent being a private on the same tour, were stationed part of the time in the Highlands on the public road, nearly opposite  to Westpoint, and afterwards at Fishkill, That they were under the command of Colonel Landon, now deceased, with whence Deponent was personally acquainted - that according to the best of the deponents recollection and belief, this last mentioned period
Page 122

[left margin at first line] 2 or 3 mos
[left margin at 11th line] 2 mos
of service continued at least two or three months The deponent further saith that the said William Stuart bore the reputation of a very spunky and forward officer that he was jealous in the cause of liberty and was active in the discharge of his duty as an officer, and never to Deponents knowledge, information or belief, held, back when his services were required - that he was noted for his zeal and activity in apprehending the tories, on which service detachment of the militia were frequently employed. And this deponent thinks to the best of his knowledge & belief that said William Stewart was employed in that seven at least two months at different times to the South & East of his residence and further this deponent saith not.
{2d line from top the word (September) wrote on an obliteration before signing}
[signed] Jacob Cous
The above deposition Sworn & Subscribed to before me this 1st Day of September in the year of our Lord one thousand Eight hundred & thirty Eight
[signed] Stephen Thoun one of the Judges of the County Court of Dutchess County

And I the said Stephen Thorn do hereby certify that I am personally well acquainted with the said Jaccob Cause the Deponent that I have known him for may (sic) years & believe to be an honest man and a credible witness I further certify on the first page second line of the above deposition, the word August was erased and September curate on the obliteration before the the said Deposition being Sworn to or subjected
[signed] Stephen Thorn
Page 123

State of New York
Dutchess County  ⎬
I Daniel W. Beadle, Clerk of the County of Dutchess aforesaid, do Certify that Stephen Thorn Esquire whose name of on this sheet and within twice written was on the day of the date of such signatures a Judge of the County Courts of said County, dwelling in said County, duly  commissioned and sworn, and that the two Signatures Stephen Thorn within written, are genuine and in the proper hand writing of the said [covered by pointed seal]
In testimony whereof I have hereunto set my hand and affixed the seal of the said County this 3rh day of September A.D. 1838.
[signed] Dan'l W. Beadle
Clerk
Page 124

State of New York City
& County of New York ⎬ Ss
Smith Dunning of the City of New York being duly Sworn deposeth and says that he was well acquainted with the ^late widow Catharine Stewart wife of William Stewart who served in the Revolutionary war that she was a revolution pensioner under the United States residing in the State of New York. that said Catherine Stewart as this deponent believes died in the month of Feb. 1844 and this deponent further says that he has been acquainted with all the family for a number of years before and since the death of the said Catherine Stewart, and that he does not know of any of the Children of the said Catharine Stewart to be now living But one James W Stewart and further this deponent says not
[signed] Smith Deming

Sworn before me this 
12th July A.D. 1855
John Hegeman
Comm of Deeds
Page 125

State of New York,
City and County of New York,} ss.
I, RICHARD B. CONNOLLY, CLERK of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, being a Court of Record, DO HEREBY CERTIFY, That Spencer Kirby & John Hegeman before whom the annexed depositions were taken, was the time of taking the same, Commissioners of Deeds, for said City and County, duly appointed and sworn, and authorized to minister oaths to be used in any Court in said State, and for general purposes; and that his signatures thereto are genuine, as I verily believe.
In Testimony Whereof, I have hereunto set my hand and affixed the Seal of the said Court and County, this 12th day of July 1855
[signed] Rich'd B Connolly, Clerk
Page 126

Dutchess County
Town of Red Hook} Ss
Gitty Lyle of the Town of Red Hook in said County being duly sworn deposeth & saith the she is now in the 73 year of her age - that she was born Brought up in the Town formerly called Rhinebeck and that has ever since resided in said Town & place. This Deponent further states that she was well acquainted in her younger day, with Capt William Stewart of the Town of North East in said County and Catharine his wife and that they then resided about 10 or 12 miles from the residence of the father of this Deponent, that she knew the said ^Capt William Stewart & [lined out "the"] Catherine ^his wife about  the close or shortly before of the Revolutionary War- That this Deponent  father was named David Van Ness - that he was a Major in the Militia or Army of the State of New York during the Revolutionary War and also a commissing in said Army- that the said ^Capt William Stewart often came to  the House of the father of this Deponent to consult and all over the event, & transactions of the war and that sometimes his wife Catharine came with him. that this Deponent was informed by her father and also knew by general reputation that the said William Stewart was an officer in the Army & called Captain-- that the said ^Capt William Stewart died a few years after the Peace - that his widow Catherine Stewart whose maiden name was Catherine Row after the death of her Husband continued to occupy the farm of her Husband She is informed and believes all her children grew up and took charge of the same. That this deponent became more acquainted with the said Widow Catherine Stewart from a law suit in which she became involved and which lasted some years - That this Deponents husband name was Henry Lyle who was a Lawyer & an attorney in full practice in said Town of Red Hook and that her husband was employed by the said Catharine Stewart to conduct said suit and did so she believes till the end of it That while the suit was pending the said Catherine Stewart was frequently at this Deponents house to see
Page 127

her husband on business and that she became more & more acquainted with said widow Catherine Stewart - that she has during her life frequently seen the said Catharine Stewart and know her to be the widow of the said Capt William Stewart and she is informed and believes that the said Cathrine is still living but a very aged woman - This deponent further states that she is a widow & that her husband Henry Lyle died in the month of November 1840
[signed] Gitty Lyle
Sworn & Subscribed the 9th day of Oct. 1843 before me
[signed] W. Stuart Justice of the Bare
I certify that Gitty Lyle is a credible witness and in all respect worthy of belief
[signed] W J Stuart Justice of the peace
Page 128

STATE OF NEW-YORK.
County of Duchess, } SS.
I. Robert Mitchell, Clerk of the County of Duchess, DO HEREBY CERTIFY, That William J Stuart Esquire whose name is subscribed to the Certificate of the attestation of the annexed affidavit was at the time when the said affidavit was then an acting Justice of the Peace in and for the County aforesaid dwelling in said County, in the town of Rhinebeck, duly elected and sworn and duly authorized by the Laws of said State to take affidavits.
AND FURTHER, That I am acquainted with the hand writing of the said Justice and verily believe that the signature to the said certificate of attestation is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of the said County, the 10th day of October A.D. 1943
[signed[ Robt Mitchell, Clerk
Page 129

In the matter of the application of Catherine Stewart Widow of William Stewart, for a Pension under the Act of July 4, 1836
-
Remarks of his agent, submitted to the Court of Pensions
[signed] L. Jenkins agent
Page 130

Remarks submitted to the Com of Pensions on the claim of Mrs. Catherine Stewart, widow of William Stewart, for a Pension under the act of July 4th 1836.
The Subscriber having been substituted  by the widow, as her Agent, in place of John Armstrong Esq. (see Mr. Stewart's substitution herewith) has examined the papers handed over to him by Mr. Armstrong and finds among them Mr. Armstrong's letter to Mr. Edwards of Sept. 27th 1839, and Mr. Edwards answer of Nov 6th. 1839, which he presumes presents the case, as it was left by Mr. Armstrong. From Mr. Edwards letter above referred to, it seems that the chef, if not the only; difficulty in relation to the widow's claim is to ascertain the length of time her husband served. and perhaps another difficulty is as to what rank he held. On this last point, I would suggest that as it appears by the most satisfactory evidence (See Certificate of Arch'd Campbell Esq. Dep'y Sect'y herewith,) that he was appointed on the 17th of October 1775, Adjutant of Col. Ten Broeck's regiment, on the 18th March 1778 Adjutant of that same regiment then commanded by Col Morris Graham, there can be no doubt of his having served in that capacity between these two periods in the same Regiment.
How much actual service was rendered by that regiment will, I presume, appear by the testimony of the four witnesses referred to by Mr. Armstrong in his letter of the 27th Sept. 1839.
In addtion to their testimony I herewith submit the affidavit of Joseph Fish, of the Town of Olive, Ulster County.
As to the services of William Stewart, the husband of the claimant, in Westchester County. I submit
Page 131

two original letters written by him to her. One dated Aug 17th 1776, the other dated Nov 4th 1776.  The description in the latter of an action or skirmish between the American and British Coops will I think be found to compond very nearly with History (see Sparks Life of Washington No. 5 pages 196 197 & 198) both in regard to date and other particulars.
As these letter bear evidence on the face of them to their own genuineness & authenticity, they are certainly satisfactory proof that the claimant's husband was in the service from August 19th 1776 & previously to Nov'r 4th 1776 & no doubt subsequently-
As to the rank held by M. Stewart I beg leave to call attention to the postscript to the letter dated Aug 19th 1776, in which he says, "you may acquaint any of the people that has children or relations in my Company that they are all well."
I think there can be no doubt from this postscript in connection with the address or superscription of his other letter to his wife, that the writer had the command of a Company at that time, Nor was this fact inconsistent with his being the Adjutant of the Regiment as it is a well known practice now, as it
doubtless was then for officers in the line to hold, V perform the duties of, appointment in the staff.
I have examined the records of Military appointments in the office of the Secretary of State of this State, and do not find the name of William Stewart as being appointed to any other office in the Dutchess Co. Militia than that of Adjutant, as certified to by the Dep. Secretary.
It does not appear from the records that there was any other William Stewart in the Dutchess County militia during the Rev'y War than the person appointed
Page 132

Adjutant as above mentioned.
Why he should have received the title of Captain & acted as such, & yet there should be no record evidence of his having been commissioned to that
ranks, I cannot explain, nor do I think it important.
Such cases, I believe, sometimes occur in regular armies under Established governments, and it cannot be deemed anything extraordinary that they should also occur in the Militia & in revolutionary times-
As to the precise length of time in which Mr. Stewart was in actual service which seems from Mr. Edwards letter of the 6th of Nov'r 1839. to be the chief difficulty I am imperfectly acquainted with the proofs in the case furnished by Mr.  Armstrong, that I am unable to estimate the time. I must therefore submit the matter, for the present, with the preceding remarks, requesting that the case may be fully examined, upon the proof already furnished, in connection with those now transmitted.
Lem'l Jenkins
Albany August 1. 1843
Page 133

On appeal to Sect Interior

Catherine Stewart
Widow of William
For Pension under Act of  4 July 1836

P. Phillips
Solo Claimant
Page 134

In the Matter of Catherine Stewart}
widow of William Stewart}
On appeal to the Secty of the Interior from Commissioner of Pensions
The official examination upon which the certificate issues - states
First. An allowance of six months service as Captain in the N.Y. Militia in 1776-7 under Col Graham
Second. That there was Rcord (sic) End of rank and parol testimony of near nine months previous service as adjutant, and Record [illegible] [lined out "as such as"] of his appointment as such 17. Oct 1775.
Upon this the 6 months certificate was issued.
The additional [illegible] is thus stated
Third. The proof made in the case of Eusly Simmons, showed a service of three months as Captain in 1780 - or 81
Fourth The proof in Fraziers case a tour of service as Captain commencing three 
days after the Battle of White Plains and lasting for nine months. The Battle took place on 28 Oct 1776.
And the examination thus concludes "It is proved that Stewart served at least
Nine months as Captain"
From the statement itself it is evident that Stewart Served 12 months instead
Page 135

2

of Nine - ^as captain and this is subsequent to the Battle of "the White Plains
We have the certif of the Secty of State ^New York that Stewart who it is admitted was a most gallant and active officer was commissioned as adjutant 17 17 Oct'r 1775 ^ and 1778. The Letter of the Commissioner of Pensions dated
12, mr1836 states that he was on the Staff Roll of Col. Graham and in service
in 1775. 1776. and 1778
The evidence of Frazier states that he was in service in the Fall of 1775 [4 lines lined out] It now appears that a portion of these staff Rolls have been abstracted from or lost in the office. Their absence however cannot shake the evidence of the fact stated.
Having stated his appointment in 1775 [line out "oun"] the great lapse of time unfortunately deprives us at present from proving the continuity of his service from that time period with the precision which is desirable. The examiners statement says there was "parol proof of near nine months previous service as adjutant" that is previous to the months allowed as Capt in 1776-7
Page 136

3

Frazier states he found Stewart in service in the fall of 1775
Harry Soper (both Pensioners) that [lined out "Stewart served"] he enlisted under Stewart in the spring of 1776 and served with him six months until he was discharged at White Plains.
Joseph Fish also testifies that he volunteered in the summer of 1776 for 5 months, during all which time Stewart was in service.
This is the evidence which shows service prior to the Nine months allowed for.
The Nine months allowed for is succeeded by Smith Evidence in the case
of Frazer found on the Examiners Brief being nine months from the Battle of White Plains- This is supported by Fish who states [lined out "the"] states the 5 months Commencing in the [illegible] of 1776, and also a service of four months
1777-
The Journal of N.Y. [illegible] Congress cited by {illegible] "it appears that a portion of the Troops under Col Graham continued active service until the last of April 1777, and that Captain [lined out "Graham"] Stewart was a member of the Court Martial held on the 2 & 3d May 1777 for the trial of delinquent"
The statement of Smith is thus [illegible] corroborated and sustained
Page 137

4

The service claimed as subsequent to the Nine months allowed is as follows-
Resolution of Congress 5 August 1777 calling on N York and other states for Militia to serve until last November.
Do 26 Feby 1778 calling on N. Y. for 5 Battalions Militia to sone Nine months.
Cous states that Stewart was in active service in 1777 when the British ascended the River and burnt the Village of Esopus"
This [illegible] action took place 13 Octr 1777 see (Shallus tables 2. Vol. 1.287)
Philip Row testified that he was ordered out with the troops in 77 or 1778 that he served 8 weeks at the Highlands opposite West Point with Stewart who he left there. This was most probably in 1777 - under the four months call.
The service under the call of ^ 26 Febry' 78 is shown.
In the case of Israel Lucas where it is admitted that Grahams Reg to which Stewart was attached served the nine months provided for by the call-
Leelen of the Commission heretofore referred to shows that Stewart name was on the Staff Roll of Graham in 1778. This is confirmed by the [text lined out] 
certificate Secty State N.Y. who states that Stewart was commissioned adjutant in Grahams Regt 18 March 1778
Page 138

5

In 1779 his service as testified to by Cous who says Stewart was in active service in 1779 at the time of and subsequent to the capture of Stony Point. This took place on 16 October 1779. (see Shallus table, I vol. $39)
In 1780 - or 81. Ensly Simmons (Pensioner) proves that he served three months with Capt Stewart and Col. Graham
Frazier who was well acquainted with Stewart and his family and his acquaintance running back several years before the Revolution, and living near to him says "that to the best of his memory and belief Stewart remained in service [lined out "of"] several years"
We come now to consider the views taken [lined out "by"] of this application by the officers of the Department.
First the Examiners Brief submitted to the Secty on 24 July 1835 states that "Stewart served at least nine months as Captain" thus clearly indicating there was service shown for a longer period-
Second The letter of the Commissioner 29 Jany 56 - "while I cheerfully admit that the proof last referred to by yourself and Mr. Combs taken together with those before adduced render it probable that Captain Stewart did perform more service than the pension has been allowed for
Page 139

6

there is not that ^degree of certainly in the evidence which in my judgment would warrant me in still further increasing the pension especially when the allowance has been so recently increased"-
The latter part of this sentence I dismiss with the remark, that this can have no influence in deciding upon the weight of evidence; it neither can weaken nor strengthen it, and has no foundation in the laws regulating pensions. If it is intended to imply an acquiescence, this fact will be found disproved by reference to the letter of the Agent of the claim on file.
That Stewart was a Gallant man and ever ready for service in the cause of the Revolution though a Scotchman by birth is shown by the history of these transactions. I have but little doubt that he was among the first to enter into the conflict and among the last to leave it. We find him commissioned in 1775. and still in service in 1781.
The Department ^also is impressed with the charter of the services. The commission on 29 Jany 56. says "that he performed his duty faithfully as required of him as evident from the fact that in May 1777 he was one of the Court Martial probably for the trial of those who had failed to serve
as required."
Page 140

7

In the report of the Commissioner made up for the appeal he refers for his views to his letter 29 Jany 56 No. 16. Let us then take up this letter-
1st, "I do not for example regard it as certainly established that Stewart performed the constant service claimed for him in the Winter of 1776-7."
The answer to this is that the evidence is positive to the fact, and its credibility is not impeached, and secondly that this is no longer subject to enquiry as the Department has acknowledged its fulness, and issued a certificate thereon.
2nd "I am not entirely satisfied that for all the time from January 1st to the last of April Stewart was in constant service as Captain of Militia"
Same answer as above. The service referred to is included [line out illegible] when the 9 months [lined out "referenced to"] statement in Smiths evidence, commencing 3 days after the Battle of White Plains. This period of 9 months, [lined out "which"] is thus stated in Examiners brief. "This is the service for which Catherine was pensioned, but the duration of which
was not clearly proved before "
Page 141

8

These are all the objections stated by the Comm'r in his letter to which you are referred. They may be more property characterized as doubts rather than objections. But whether the one or the other, they were only proper for consideration when the nine months service was allowed, and not upon an application for since for ^a wholly different periods. It surely will not be contended that it being [line out illegible] regarded as doubtful whether a party in whose favor a judgment has been rendered was properly entitled to it, that this might now be used by way of discount or set off to a claim for another judge the validity of which is admitted.
Being desirous of meeting all the objections which have been urged I will now examine the statement of the Comm'r in his letter of 26. Decr. 1855, No 14 although no reference thereto is made by him in his Report for the Appeal
1st "It is now sought to be shown by the declaration of Henry Toper that the service under Capt Stewart extends from the spring of 1776 and compiling this with a statement that Frasier served a tour of 9 months after the Battle of While Rock brings the testimony to the conclusion that the service amounted to some 15 months"
This being the portion of the applicant, the
Page 142

9 

the commis' answers thus-
The decl'n of Soper in 1832, is that he entered service "on or about the spring of 1776 to and served six months"- He describes no service [lined out "that"] which need to have been of an earlier date than August 1776. Again says the Comm'r "The Statements of Frasier & Smith do not amount to much more, even upon a liberal construction, that ^that the tour was for Nine months of which Frasier performed the greater part. Making the allowances for exaggeration and for mistakes in date to which the human memory is subject, and which experience proves is no more than simple justice in cases of this description, I cannot perceive that the proofs cited warrant an increase of the allowance, although they lend some little confirmation to what appeared probable before, that Stewart did
performed more service than the widow had been allowed for, but the duration of which has not yet been satisfactorily established."
Answer - as to Soper's testimony [lined out "he entered into service he"] volunteered in Capt Stewarts company in the spring of 76, and served
6 months in said Company and was discharged at White Plains" -, by what process of reasoning it is contended that this does not necessarily
Page 143

10

imply a service previous to August I cannot understand. Surely when we describe the Spring, we cannot be intended to mean August.
Again in reference to D Smiths and Frasiers testimony, which as we have heretofore shown has been already acted upon and forms no part of our present enquiry, the Comm'r seeks to [illegible] its  validity by "Allowances for exaggeration and mistakes in dates to which the human memory is subject." I admit that if the facts testified to in a
given case, are not consistent with as well established condition of things; or if they are improbable in themselves; or ^are such as are not usually attendant upon the subject they are intended to elucidate, these
allowances would be properly admitted for the purpose of reconciling discrepancies. But where the facts testified to are consistent with every thing in the cause I deny that that it is legitimate to curtail their influence by any such consideration. If it were proper on this account to take off any portion of the time period, it would be equally available to destroy the whole
Page 144

11

I will respectfully call your attention to what is said by way of admission as to a greater service then has been allowed for and which should have been included under a former head - "the proofs lend some little confirmation to what appears probable before - that Stewart did perform more service than has been allowed for" That is when the 9 months service was allowed it was "probable" he was entitled to a longer service, and the additional proof has increased this probability.
Again it is urged by Comm'r that Joseph Fish did not declare that he served under Stewart"
Answer. This is admitted. But Fish says "that he volunteered in the summer of 1776 for 5 months during all which time Stewart was in service", Has it ever been held that the service of an officer could only be proved by one who served under him?
Again, says the Comm'r "Easley Simmons declared that he served three months under Capt Stewart in 1780 or 81, but my  predecessor did not consider this as a sufficient ground for allowing a further increase
Answer, It thus appear that Fish's evidence is rejected because he did
Page 145

12

not serve under Stewart and Simmons who did serve under him is rejected because it did not convince his predecessor, whether the last consideration was proper for the guidance of the Comm'r we need not enquire, it certainly can not influence the case on appeal from the Comm'r.
There is one more statement found in the Report of the Comm'r to which I beg to call attention "In the case of Simmons it appeared in proof that he served a tour of about three months under Col Graham (Stewart Col) and Captain Stewart whose Chrishan name, was not given in 1780-81"
Answer. Simmons lived in the same town with William Stewart and was well acquainted with him. Philip Row. says he "never knew
any other William Stewart in this section of the County, and if there
had been he must have known it from his general acquaintance." But what is still more conclusive is that the list of officers fit for duly filed in this cause and marked No 8, shows there was no other Stewart in Grahams Reg. but William
Page 146

13 

I think therefore that the evidence establishes
Service from to the Battle of White Plains (Soper) 6. months
Do. Immediately subsequent to the Battel (Fraser, Smith, Fish) } 9 "
Do. Under Res Cong. 5 August 1777 (Row) } 4 "
Do. Under Res. 26 July 1778
Commission as adjutant 18 Mar 78.
Staff Rolls in Office admission
that Grahams Reg "performed as service of 9 month, duration." X } 9 "
Do. Service in 1780 or 81. as proved by Summons } 3 "
making in all  31"
And this exclusive of any service immediately connected with his appointment as adjutant in Oct 1775, and exclusive of any service connected with the Battle in which it was proved he participated at Stoney Point in 1779.-
X The Comm'r in his Report ^says that Grahams Reg had performed the 9 months tour under the Resol of 28 July 1778 [lined out "Says"] ^but adds  "there are Staff Rolla and Company Rolls in this office, but Captain Stewart is no where to be found in them." The reason is obvious, the Rolls are
incomplete - a portion has been abstracted
Page 147

14

or lost. It could hardly have been intended by his remark to deny that Stewart was an officer in that service in the face of the admission of the former Commissioner- "that he was on the Staff Roll of Col Graham {lined out illegible] in 1775 1776 and 1778. and the certificate of the Secretary of New York filed with the papers showing he was commissioned as adjutant on 18 March 1778"
With the best examination I have given to this case I have [lined out "amend"] arrived at the conclusion that we are entitled to the full service allowed by law for his years and I feel much confidence that if your time will permit a thorough examination of the evidence you will come to the same conclusion
All of which is submitted
your obt Sevnt
P. Phillips
Hon Robt McLelland
Sectt Int'r
Page 148

( No 7)
Page 149

State of New York
Ulster County} ss
On this twenty fourth day of May in the year of our Lord one thousand eight hundred and forty three personally appeared before me Jacob Snyder one of the Judges of the County Courts in and for the County of Ulster aforesaid Joseph Fish an aged and highly inteligent (sic) and respectable citizen of the town of Olive in said County, who being by me duly sworn according to law doth on his oath depose and say as follows:
That he was eighty two years ^of age last August was a Soldier in the Revolutionary war and was personally acquainted with William Stewart & his brothers James & Harry Stewart who as deponent was informed were emigrants from Europe-
That deponent was well acquainted with said William Stewart before and after the revolutionary war, that he was a [lined out illegible]  Merchant in a place called Nine partners in Dutchess County & resided a few miles from this deponent in the same town-
Deponent further saith that said William Stewart was married before the revolutionary war, that her maiden name previous to her marriage was Catharine Row - deponent was also well acquainted with said Catharine before and after the revolutionary war.
Deponent further saith that in the Summer of 1776 deponent volunteered as a private Soldier in defense of his Country for the term of five months in a company of Drafted militia commanded by Captain Israel Platt in Colonel Morris Grahams Regt-
That deponent with said corps marched from Dutchess County into Westchester County to Kingsbridge & from [lined out "White"] thence to White Plains and remained  there untill (sic) after the battle at White plains and was afterwards marched to Peekskill on the Hudson River and remained there untill (sic) there untill (sic) near the close of the
Page 150

year and was duly discharged
Deponent further saith that said William Stewart was an Officer in the same Regiment in the same campaign does not now remember in what capacity he the said William
Stewart served but thinks he was called Captain:-
Deponent further saith that some part of the Regiment of Col Graham went down to the City of New York, but whether the said William Stewart was in that part of the Regiment deponent cannot at present recollect, but always understood and verily believes that said William Stewart served at least five months and believes he was discharged at the same time with deponent
Deponent further saith that the next year viz 1777 deponent was again engaged as a private soldier, the first under St Haight for about six weeks, the second for four months under Captain Southerland, also two different tours of one month each under Captains Husted and Williars and were the most part of the time stationed at and near Peekskill, and sometimes scouting and watching the movements of the tories and British on the Hudson River and several other places in its vicinity,
Deponent further saith that deponent has seen the said William Stewart in several different tours of service & believes in the capacity of Captain in Colonel Grahams Regiment & believes also in Colonel Southerland Regiment but in what year and how long deponent cannot now remember-- but believes the said William Stewart served as a Captain in the four months tour in 1777. deponent always understood and verily believes that said William Stewart during the revolutionary performed his full proportion of Military duty as an officer and was reputed to have been a warm supporter of the this cause in those perilous times
Deponent further saith that shortly after the revolutionary war deponent removed from Dutchess County and has not since resided
Page 151

there, but deponent was informed that said William Stewart died several years Ssince and left a widow the said Catherine who is still living and is now an applicant for a pension &further this deponent saith not
[signed] Joseph Fish
Subscribed and sworn to before me this 24th day of May 1843 by Joseph Fish personally known to me and I certify that from conversation deponent I found him intelligent of extraordinary good memory
[signed] Jacob Snyder one of the Judges of the County Courts of Ulster County}

State of New York
Ulster Co County Clerks Office}Ss
I George A Gay Clerk of the County of Ulster aforesaid do hereby certify that Jacob Snyder Esq before whom the foregoing affidavit of Joseph Fish purport to have been subscribed and sworn was at the date of the same one of the Judges of the County Courts in & for said County duly commissioned and qualified and that his signature then to subscribed is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of the County & Court this
14th day of July 1843
Geo. A. Gay Clerk
Page 152

John Radcliff aff't
Page 153

Dutchess County
Town of Rhinebeck ⎬ ss.
John Radcliff of the Town of Rhinebeck in said County, being duly sworn deposeth and Saith that he is in the seventy second year of his age that he was born and brought up in said town and resided in it nearly all his lifetime. That he was well acquainted with Capt William Stewart and Catherine his wife, and that they formerly resided about nine miles from the residence of this Deponent - that this Deponent became acquainted when very young with said William Stewart & Catharine his wife about the close or near it of the Revolutionary War that this Deponents father resided at Rhinebeck Landing within a few rods of where this Deponent now resides, and was engaged in Mercantile and freighting business keeping vessels to carry freight up and down the North River - that said Capt William Stewart was a customer at his father Landing; and usually brought the produce of his farm to said landing to be disposed of, and that this Deponent often saw him there and became well acquainted with said Capt William Stewart and Catharine his wife (whose maiden name was Catherine Row) - This Deponent further states that her fathers name was William Radcliff who was a Major in the Militia of this State and took on its part in the Revolutionary War - that his father and the said Capt William Stewart were very intimate often seeing and consulting with each other about the events & transactions of the war and both ardent Whigs - That this Deponent has frequently seen the said Capt William Stewart at his fathers house, and also has been with his father to said Capt William Stewarts House and became well acquainted with said Stewart and his wife Catharine, and also their children most of whom are still living [lined out illegible] in this County - That immediately after the War this Deponents father resumed his Mercantile and freighting Business and the said Capt William Stewart also commenced trading and keeping a Country store in addition to his farming operations & brought his produce & merchandise to and from this Deponents fathers Landing, and that this Deponent usually assisted his father in his business and became well acquainted with his Customers That the said Capt William Stewart continued his Mercantile & farming business till his death which was about the year
Page 154

1788 or 1789 - that the Deponent knew both from General reputation and from information from his father that the said William Stewart was a revolutionary Officer and known and called [lined out "an] Captain Stewart and at one time an officer in the Regiment to which his father was attached. he thinks an Adjutant-
This Deponent further states that the widow Catharine Stewart have applying for a pension [lined out illegible] after her husbands death continued their farming business on the same farm owned by said Capt William Stewart in his life time, and continued to occupy and improve the same for many years (during all of which time this Deponent as well acquainted with said widow Catharine Stewart) until her children grew up and took charge of their fathers property, when it was disposed of and divided among the children, and the said widow Catherine went to reside with one of her sons, where he is informed and believes she has resided ever since and does still-- that this Deponent has known said Catharine Stewart since the Revolutionary war and a short time previous to the termination of said war, and knows her to be the widow of the said Capt William Stewart that he has often seen her before and since the death of her said Husband & that she never has been married since but remained his widow.
This Deponent further states that some time this spring he had occasion to pass the house where the said Widow Catherine Stewart now resides, he called to see her, found her in bed and very helpless and aged but appeared to retain her mind   as usual-- This Deponent further states that recently on a journey to Salsbury about 30 miles from this place, he passed through the neighborhood where the Stewart and the Row families resided-- that he was requested by a nephew of the said Capt Stewart to stop at the Church Yard as it was adjoining the road and see the grave & Tomb Stone of said Capt William Stewart, which from the request and partly from curiosity this Deponent did do. He there saw a large Tomb Stone erected as he was informed by the family very old in appearance with the inscription or it
"Capt'n William Stewart - died March 10 - 1788 aged
Page 155


49 years, eight months & 10 days"
This Deponent further states that on his return from his journey to Salsbury he called at the House of Mr Philip Row  - the brother of the said widow Catherine Stewart and the only brother now living and with whom this Deponent was well acquainted with and had been for a great number of years certainly between 50 & 6 years the found said Philip Row in good health & spirit and in sound mind who informed the Deponent his aged sister Catherine was still living & that he had recently seen her - The Row family of which the said Widow Catharine was a member were always remarkable for for their pity, sobriety & industry and correctness in all their dealings in life.
[signed] John Radcliff

Sworn & Subscribed the 9th day of Oct'r 1843 before me
[signed] W J Stuart Justice of the Peace

Being requested to date the circumstances of the Widow Catharine [lined out "Row"] Stewart above mentioned as far as I know them I have no hesitation in saying that I consider her in indigent circumstances and very much in need of her pension.
[signed] John Radcliff

The word Stewart in the 2'd line of this addition interlined
Sworn & Subscribed the 9th day of Sept 1843
before me W. J Stuart Justice of the Peace

I certify that John Radcliff is a credible witness and in every respect worthy of belief.
[signed] WJ Stuart Justice of the Peace
Page 156

STATE OF NEW-YORK,} SS.
County of Duchess.}
I, Robert Mitchell Clerk of the County of Duchess, DO HEREBY CERTIFY, That William J Stewart (Stuart) Esquire whose name is subscribed to the certificate of the attestation of the annexed affidavit was at the time when the same was taken an acting Justice of the Peace in the town of Rhinebeck in and for the County aforesaid, dwelling in said County, and town, duly elected and sworn and duly authorized by the laws of said State to take affidavits &c.
AND FURTHER That I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said certificate is
genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said County, the 10th day of October A. D. 1843
[signed] Robt Mitchell, Clerk
Page 157

[vertical text of torn scrap affixed at upper left]
and
cipated
the claim
you would
and induce
no favorabl
whethe
Oct

Loue
Catherine Stewart
[circular postal stamp] Rhinebeck NY [illegible[ 8

FREE
The Hon'ble Obadiah Titus
Member of Congress
Washington City
D.C.

Hne. O. Titus
HR
Page 158

Rhinebeck [illegible] 1838
Honble Obadiah Titus
Dear Sir
I inclose (sic) copies of the declaration and accompanying affidavits, in the case of Catharine Stuart an applicant for a pension under the act of July 4, 1836 - The Copy of Philip Row's  affidavit is incomplete, but nothing very material omitted - among the original papers filed in the Pension office, is a third affidavit of which have kept no copy, relative to the marriage of William & Catharine Stuart - You will perceive by the enclosed letter from Mr. Edwards, the grounds upon which the application was dismissed. It appears to me that this decision is very hard one, not only productive of injustice in this particular case, but so rigorous in its requirements as to shut the door against many meritorious applications in other and Sinclar cases-- There is no record evidence of the marriage. The officiating clergyman has long been dead and there is no person living besides the declarant, who was present at the marriage ceremony. But the widow herself swears positively to the marriage, and there is abundant proof of reputation of marriage & cohabitation, by three credible witnesses. After the lapse of so many years (the marriage having taken place in  1772) the evidence adduced, if ^not the highest evidence which the nature of the case admits, is yet the highest in the power of the claimant to produce, and of such a character as to leave no reasonable doubt in regard to the fact of the marriage - Under circumstances like these the regulations of the Department should admit of some relaxation, or the beneficial object of the law, will in many cases be frustrated.
With regard to the second objection "that the duration of each term of [lined out "service"] actual service must be specified more definitely before it can be determine whether any and if any, what portion of the service claimed can be allowed." I would beg leave to call your attention particularly to the affidavit of Andrew Frasier who states that during the whole time that he himself was in the service, a period of certainly more than 6 months, Stuart was with his
Page 159

Regiment doing duty as Adjutant - that besides being employed in 1775 in disarming the tories, in 1776 he marched with his Regiment from Northeast to the southern part of the State, was at the affair at New Rochelle at the battle of White Plains, was with his Regiment in all its marches & counter marches, & subsequently when encamped at West point.
If Frasier is to he believed, and he is certified to be a credible Witness, Stuart was in actual service more than 6 months in the year 1776 & the winter following - to say nothing of his services before or after that period - [illegible] Philip Row swears that in 1778 or 9 he was one of a body of militia who marched from Dutchess County to a position in the Highlands where they remained several weeks encamped, Stuart being with the troops doing only as adjutant. I presume the Department must have some knowledge of the services of the Regiment in which Stuart was adjutant, and in those, it is not unreasonable to suppose that he participated.
I wish, my dear Sir, if you should think as I do that the claim is a just one and sufficiently substantiated, that you would call upon Mr. Edwards, when you have a little leisure and induce him to review his decision in the case; and if no favorable action can be obtained from him, advise me whether in your opinion on application to Congress for a special act ought not to be made. It was our Vice Chancellor's opinion that the claim was substantiated sufficiently and ought to be allowed.
I remain very truly & Respectfully
Your ob
John Armstrong, Esq.
Page 160

[vertical script at left side]
[illegible[ Oct 12
NY
Cath Stuart
NY

free
Washington NY
Oct 9th
Hon. J. L. Edwards
Commissioner of Pensions
Washington City
D C
Page 161

Washington Oct 7 1838
Sir
John Anthony Esq. has asked of me the favors in the case of Catherine Stewart an applicant for a pension, which papers you sent
to me. I presented them to the House of Representatives by whom they were referred to the committee on revolutionary Claims. I have - [illegible] an application to the proper officer of the House will replace them in your possession
Very Respectfully
Your obd't Servant
Obadiah Titus
Hon. J. L. Edwards
Page 162

State of New York
County of Ulster SS
Be it known that on this 1st day of July in the year of our Lord one thousand eight hundred and thirty nine before me John P. Toland one of the Justices of the Peace of said County personally appeared John Smith a resident of the town of Woodstock in the County of Ulster aforesaid and made oath in due form of Law that he is aged eighty one years and upwards. hat he was born and brought up in the town of West Chester in the County of West Chester and State of New York and was living in said County at the commencement of the Revolutionary War until within a few days before the battle of White Plains [lined out "and a short time before the battle of White Plains"] when he enlisted in the Continental Service as a private in Captain Williams Company Col Wysenfelts Regiment. That at White Plains and a short time before the battle deponent became acquainted with William Stuart then an officer in Colonel Graham's Regiment of Militia that said William Stuart at this time to the best of deponents recollection was a Captain of a Company in said Colonel Grahams Regiment that said Colonel Graham was at White Plains at the same time and deponent then and there became acquainted with him. That deponent has no doubt that both said Graham and  said Stuart were at said battle - That deponent after said battle and the same fall again saw said Colonel Graham and William Stuart at the Highlands That
[margin note "3 mos"] they remained stationed at the Highlands as long as three months to deponents knowledge. the regiment to which this deponent belonged remaining upon the same station - after
[margin note "2 mos"] which said Regiment (Colonel Wysenfelts) moved to Fishkill where they remained about two months and thence moved Northward to Fort Plain, this deponent further saith that his father during the Revolutionary war resided in Northeast Dutchess County and deponents grandfather with whom deponent had been brought up resided in West Chester County That deponent had two brothers Michall and Stephen
Page 163

that deponents brother Stephen was with Colonel Graham at White Plains acting as a waiter when deponent first became acquainted with the Colonel. The deponent further saith that he remained in the service until he was regularly discharged in 1781. that he is a pensioner of the United States and at the time he obtained his pension resided in the town of Woodstock in the County of Ulster and further saith not.
[signed] John his X mark Smith
The above depposition (sic) sworn and subscribed to before me this 1st day of July 1839
[signed] John P Toland Justice of the Peace
And, to then said I John P. Toland further certify that I am personally acquainted with the said John Smith the above deponent and believe
him to be and honest man and a credible witness
[signed] John P. Poland J.P.
State of New York}
Ulster County}
I John Ferguson Clerk of the County of Ulster do hereby certify that I John P. Tolland Esq. before whom the foregoing affidavit of John Smith purports to have been taken was at the date of the same a Justice of the Peace in and for the County of Ulster aforesaid and that his signatures to the said affidavit & accompanying certificate are genuine -
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this 2d day of July 1839.
[signed] John Ferguson Clerk

[vertical script at bottom]
July 18
John Armstrong Jr.
Rhinebeck
Dutchess Cty
NY
add'l proof
Wm Stewart
or his widow
(No 6)
Page 164

Supplemental
Argument
In answer to Report of
Comm of 11 March 1836
Catherine Stewart
widow of Wm Stewart
for
Revolutionary
Pension
P Phillips
Solr.

[illegible]
20 Mch 1836
Page 165

Washington 19 Man 56
I have just had a hasty perusal of an additional Report in the case of Catherine Stewart for an additional pension for Revolutionary services. I do not think that any portion of the argument which I have had the honor here before to submit has been successfully assailed. It is impossible on the very nature of the transaction after so long a period has elapsed that the same character of positive proof as to the continuity of service could be made as if the transaction had transpired in our day and generation. The report which is elaborately prepared amounts to nothing more than a suggestion that certain fact are not proved beyond all doubt. If such mere doubt when the presumptions are all in favor of the applicant constitutes a sufficient ground for his rejection, the laws upon this subject intended as a Bounty would be but a mockery, "keeping the word of prmise (sic) to the ear but breaking it to the hope"
It has been always heretofore admitted that more service was performed than was allowed for. This is not now denied
Page 166


How much more ^service was performed was the object of the argument referred to.
The Comm'r says he did not feel himself compelled by the weight of the evidence to interfere with the decision which his predecessor has made. But such important evidence was adduced after that decision was made.
It is now said that the Rolls of Col Grahams Regiment are complete and that Stewarts name is not [lined out "among"] on them, but no explanation is made of the letter of the Department in 1836 which admitted that Stewarts name was there found. How to reconcile this contradiction I do not know except it is to be found in the assertion of the Report that the Department has the Rolls of nine companies. Did more companies constitute & a Regiment? [lined out "Then"] Whether on the Rolls or not is immaterial for we have the certificate of the Secty. State of New York showing that he was commissioned. This is higher evince than the Rolls.
Having {illegible]that Stewart served in the four months call made under the requisition of Congress in New York 5 August 1777 for the reinforcement
Page 167

of the Nathen any to serve until the last of November next following the commissioner not denying that New York complied with the requisition says merely that it was not proved that she did. How an uneducated witness should speak of Stewart having saved on the four months call without the call having been complied with by New York it is difficult to understand.
When it is shown that congress in the exercise of the undoubted powers made a requisition for troops upon a state is it an unreasonable inference or conclusion that in the absence of any fact tending to rain a doubt, that what was ordered by the Government to be done, was done? If a State had refused to obey the Government in the crisis of War - such an important fact would have become hosterical, (sic) and the Commissioner would have found it as easy to have stated it, as to state that it was not proved that she obeyed.
Upon such as hasty [lined out "as"] examination of the Books at my command since my perusal of the Report I find that on the 4" August 77 Genl Gates was ordered to take command of the Northern Army on the subsequent day Congress passed
Page 168

the resolution referred to. The day subsequent to the Resolution John Hancock writes from Philadelphia to the Assembly at New York "I am therefore most earnestly to intreat, you will order such part of your militia to reinforce the army under Genl Gates as he may judge sufficient, and that you will exert yourselves to comply with the enclosed requisition of Congress without the least delay." (see Journal Council of Safely N.Y. Vol. 2. p. 495.)
On same day Genl Gates calls on New York for a reinforcement of 1300 men immediately for northern army (same vol and page)
Three days afterwards George Clinton the Governor (9" August 77) writes to the Council of Safety "It would have been equally agreable (sic) to me to have headed the Militia and marched to the reinforcement of the Northern Army, as to have commanded those ordered this way x x x Gen Schuyler must have observed that the greatest part of the militia of the State are ordered into actual service either to reinforce his army, or to occupy the posts assigned herein by Genl Washington, or to supply this
Page 169

place of those ordered to reinforce the Northern Army (same book Vol 1. p 1035)
We have thus the proof that New York did comply with the "requestion of congress without the least delay" and "immediately," as made by Hancock and Gates - for on the 9th Clinton writes that the militia of the state had been ordered into actual service "to supply the place of those ordered to reinforce the Northern Army"
It will be objected that the Proof on which the increase was allowed was for nine months specified service; and the argument proceeded on this ground to show more. The force of the argument is not now attempted to be destroyed by varying the ground of the allowance so as to show it to be in the nature of an equitable adjustment covering the whole period. It is very evident however that the service in 77 and 78 were not included in the adjustment ^even as it is now [illegible]; for the Comm'r denies today that the party was commissioned in the one period and ^asserts that the same was not proved in the other.
Having as I think fairly proved by such evidence as the nature of such
Page 170

cases admits ^of that the party served thirty one months, and ^I am allowing pension extending to but twenty four, we have a margin of seven months to satisfy the commissioner's doubts.
All of which is respectfully submitted by
your obt Servt
P. Phillips
Sol'r Sterart

Hon Robt McLelland
Page 171

Oct 27
NY
4 July 1836
[circular stamp illegible]
FREE
War Department
Pension Office,
Washington,
District of Columbia

V 433
Catherine Stuart
NY
Page 172

Rhinebeck Dutchess County, Octob 22d 1836
James L. Edwards Esqr
Com'n. of Pensions
D. Sir,
Inclosed (sic) are papers relating to the Application of the widow Catharine Start for a Pension under the 3d Section of the Act of Congress of July the 4th 1836. Should you deem it necessary, Extracts from the Record of the proceedings of the Council of appointment referred to in her declaration, will be forwarded for your examination, duly authenticated by the Secretary of State.
I beg that you will do me the favor to give me the earliest information that may comport with your convenience in regard to your decision upon the merits of the claim.
I am, Sir, very Respectfully
Your obed't Serv't
John Armstrong Jr
Page 173

Copy of Decl'n
In the matter of the Application of Catherine Stuart for a pension under the Act of Congress of July 4. 1836
Copy of Declaration Depositions &c

v Married Feb 1772
v Husb decd 10 Mar 1788
Page 174

first part
State of New York Ss.
On this twentieth day of October in the year of our Lord one thousand eight hundred and thirty six, personally appeared  before a Court of Chancery of the State of New York present the Hon'ble Charles H Ruggles Vice Chancellor of the second Circuit Catharine Stuart a resident of the Town of Milan in the County of Dutchess and State of New York, aged eighty three years who being first duly sworn according to Law doth on her oath make following declaration in order to obtain the benefit of the pension made by the Act of Congress passed July the 4th 1886.
That she is the widow of William Stewart late of the Town of North East in the County of Dutchess and State of New York deceased. That on the 17th day of October in the year seventeen hundred and seventy five the said William Stuart then being a resident of the said Town of North East in the said County of Dutchess, entered the service of the United States and was appointed Adjutant in a Regiment of Militia in said County commanded by Colonel (afterwards Brigadier General) Petrus Ten Broeck. That Morris Graham was lieutenant Colonel of said Regiment Simon Westfall first Major Jonathan Landon Second Major and Hendrick Van Hoevenburgh Quarter Master of said Regiment as will fully appear by reference to Book 26 of Military Returns for 1775, page 286 Kept in the office of the Secretary of State of New York - That the said William Stuart, Continued to be the duty of said Regiment by virtue of his said appointment, until the Reorganization of said Regiment on the 18th day of March 1778 when the said Morris Graham was appointed Colonel thereof vice the said Brig. General Petrus Ten Broeck deceased Johathan Landon, Lieutenant Colonel thereof in Morris Graham William Radcliff first Major Vice Jonathan Landon David Vontress Second Major and the said William Stuart adjutant of said Regiment as will fully appear by reference to Book F of the proceedings of the Council of Appointment, Civil and Military No 1. Page 38, kept in the office of the Secretary of State of New York She further declares that she was married to the said William Stuart according to the best of her
Page 175

recollection some time in the month of February in the year seventeen hundred and seventy two. That her husband the aforesaid William Stuart died in the Town of North East in the County of Dutchess on the tenth day of March in the year seventeen hundred and eighty eight, aged forty nine years, eight months and sixteen days as appears by the Epitaphs engraved upon his tombstone in the Church yard where he was buried, and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereunto annexed
She further declares that she did not accompany her said husband in any of his military expeditions, and cannot therefore specify the particulars of his service nor does he recollect in what year he quitted the service, but to the best of her knowledge and belief he served during the greater part if not the whole of the Revolutionary war and was at all times with his regiment whenever any military duty was required of the latter and among those duties, she thinks was that of disarming the Tories and suppressing disaffection. She remembers that for several years consisting nearly the whole period of the war, he was frequently absent from his family for more than six months at a time; that she but seldom saw him and then only during short and occasional intermissions of service. The declarant further saith that she has always understood and believed that her said husband was at the battle of White Plains in the year 1776, and in one or more of the engagements that took place between the British and American Troops, prior to that event, and subsequent to the evacuation of Long Island. That his last will and Testament bearing date the ninth day of September 1776. and recorded in the office of the Surrogate of the County of Dutchess on the 18th day of June 1789 Begins with a recital, showing that her said Husband at the period referred to was not only in actual service but at the post of danger. The said last will & testament Begins as follows viz: "In the name of God Amen. I, William Stuart of North east precinct in Dutchess County and State of New York, being providentially called upon to step in assist and defend by service the rights privileges and liberties of the United States of North
Page 176

America sensible of the mortality of man and uncertainty of life, and more especially when called ^upon to enter the field of battle, do this ninth day of September in the year of our Lord God 1776, make and publish &c
The declarant also refers to a resolution of the Council of Appointment of the State of New York of the 5th of November 1778 and to a resolution of the same Body of the 22d of April 1779 as shewing that the regiment of Militia in which the said William Stuart was adjutant, was in the service of the United States at the dates of said resolutions respectively which are in the words following, to wit: "Resolved that Conradt Lasher be and he is hereby appointed 2d Lieutenant of Capt Andrew Hemandtes company in Col Morris Grahams Regiment in the County of Dutchess and that Wilhelmus Bucker be Ensign of the said Company, in the room of Frederick Bender removed out of the beat or resigned" (see Book A of the proceedings of the Council of Appointment, Civil and Military-- No 1 page 123.)

"Resolved that Titus Mead, be Quarter Master of Col Morris Grahams Regiment of Militia" (See Book A. page 147.)

The declarant further saith that the said William Stuart her said husband, was, as she understood, a native of Scotland that he came to this Country in or about the year Seventeen hundred and sixty six. That soon after his arrival, he established himself in mercantile business in the Town then North East in the County of Dutchess and State of New York of which Town and County he continued to be a resident until his death, That she has always understood and believes that he was an active and useful officer - and from her own knowledge she is convinced that he was zealously attached to the cause in which he was engaged  as she has often heard him declare that he cared not for his private fortunes, so long as he can be instrumental in establishing the Independance of the Country, or declaration to that effect. She further saith that her said husbands military commissions, conferring upon him the appointment of Adjutant as aforesaid have been lost or destroyed. That she cannot tell what has become of them.
Sworn and Subscribed the day & year aforesaid
Page 177

Subscribed by the said Catherine}
Stuart by making her mark and}
Sworn this 21st day of October}
1836 inopen Court}

[signed] Catharine her X mark Stuart

[signed] Alex Forbus Clerk

State of New York
Dutchess County ss: Andrew Frazier a colored man of the Town of Milton in the County of Dutchess, being duly sworn deposes and says that he was born at Maurisend {Morrisania], in the County of West Chester & State of New York. That he was aged ninety two years last June. that he is well acquainted with the said Catharine Stuart, who has subscribed and sworn to the preceeding (sic) declaration that he became acquainted with the said Catharine Stuart before the Revolutionary war, that she was then living in the Town of Northeast in the County of Dutchess and was unmarried. That he was also well acquainted with the said William Stuart, the husband of the said Catharine for several years before the Revolutionary war. That the said William Stuart, when this deponent first knew him, was a single man and kept a store in the said Town of North East. That according to the best of this Deponent recollection the said William Stuart was married to the said Catharine, within a year or two years after this deponent first became acquainted with the said William Smart. That this deponent always understood that the said William Stuart was a native of Scotland and had come to this Country but a few years before deponent knew him. That in the fall of the year seventeen hundred and seventy five, this deponent then residing in the said Town of Northeast in the County of Dutchess entered the service of the United States a waggoner in Captain Hugh Reas company of minute man in a Regiment of Militia of which Col. Ten Brock was Colonel, and Morris Graham Lieutenant Colonel. That at the time this deponent entered the service as aforesaid, the said William Stuart was an officer in said Regiment. That said Regiment to the best of this deponent remembrance and belief was first employed in disarming the Tories, and that this deponent was employed in transporting a large quantity of arms taken from the Tories to the Continental store as it was called under the charge of Stephen Payne, situate eastward of a place called
Page 178

"the City" in the great nine Partners in the County. That after the Tories were disarmed and as deponent think in the year following, the said Regiment marched from North East in Dutchess County to the Southern  part of the State of New York. That this deponents accompanied said Regiment and had charge of a baggage wagon. The deponent well remembers being with said Regiment at a place called New Rochelle in Westchester County bordering on the sound and whilst there that the American troops were fired upon by several British ships of war, and that a British force landed and attacked there and forced them & retreat to a place between East Chester and West Chester, in the County of West Chester. The Deponent thinks that this said Regiment on that occasion was commanded by Morris Graham. That sometime after this the Battle of White Plains was fought. That the said Regiment of Militia then under the command of Col Ten Broeck was engaged in that Battle. That this deponent was with said Regiment at that time and had charge of a baggage wagon - that it was a hard fought battle and that the British remained in possession of the battle grounds. That shortly after the battle of White Plains this deponent was taken sick and become unable to perform the duty of a waggoner: that he was then employed by Colonel Graham as a waiter in which employment he thinks he remained with Colonel Graham about six months, when from loss of health he was obliged to leave the service & was discharged. That during the time that Deponent was with Colonel Graham as a waiter, the Colonel was with his ^said regiment which during most of that time to the best of deponents recollection, was stationed at West Point at which place the deponent was discharged as aforesaid.

{The deponent further saith that during the whole time that he the deponent remained in the service as aforesaid including the time that deponent was with Colonel Graham as a waiter, that the said William Stuart was an officer, doing duty in said regiment, and deponent thinks that he was the Adjutant of said Regiment. The deponent well remembers that the said William Stuart was with said Regiment at New Rochelle, at the time of the attack made by the British as above mentioned, also at the Battle of White Plains that he was with said Regiment in all its marches and countermarches and subsequently duing the time said Regiment was encamped at West Point.
Page 179

That said Stuart was there when the deponent was discharged from the
service. That ever since deponent left the service as aforesaid
he has continued to reside in the said Town of North East. That to the
best of his remembrance and belief the said William Stuart remained
in the service of the United States for several years after this deponent
left the service and as deponent thinks during nearly the whole period
of the Revolutionary war. That said Stuarts general reputation both 
among the troops and in the neighbourhood (sic) where he lived was that of
an active and efficient Officer

[signed] Andrew his X mark Frazier

Subscribed by the said Andrew Frazier by making his mark thereto and sworn this 20th day of October 1836 in open Court}
[signed] Alex Forbus Clerk

State of New York
Dutchess County Ss: Philip Row of the Town of Milan in the County of Dutchess, being duly sworn deposes and says that he was born in the County of Dutchess, that he has resided from his infancy in the Town of Milan part of what formerly was the Town of North East in said County. That he is now in the seventy sixth year of his age. That he is a brother of the said Catherine Stuart who has subscribed and sworn to the preceding declaration and that he is several years younger than the said Catharine. That he knew the said William Stuart the husband of the said Catherine, when the said Stuart first came to reside in the said Town of North East. That it was about two years after said Stuart had become a resident of said Town, that he was married to the said Catharine That at the time of the said marriage both the father and the mother of the said Catharine and of this deponent were dead, and they, the said Catharine & this deponent were living with John Row their elder brother, who has been dead many years. That the Deponent was not present or the Marriage ceremony he being then not more than ten or eleven years of age, but he understood that the marriage
Page 180


took place at a place in Dutchess County called "the City" the said William and Catharine Stuart afterwards cohabited together as husband and wife, until the death of said Stuart and this Deponent has never had any doubt of the fact of their marriage nor has he ever heard that any doubt of that fact was entertained by any one. The deponent further saith that the said Willam Stuart kept a store in the said Town of Northeast, and that he continued to be a resident of that Town until his death. That the said William Stuart died on the tenth day of March in the year Seventeen hundred and Eighty Eight. That this deponent was in the same house with him when he died and attended his funeral [lined out "and"] That his remains were deposited in the burying ground now appertaining to the Methodist Church in the Town of Milan aforesaid, that the following is a true Copy of the inscription upon his Tomb Stone, Viz. "William Stuart died March 10th 1788 aged 49 years 8 Months and 15 days" The Deponent further saith that the said Catharine had three children by her said husband, before the battle of the White Plains, and five after that period, all of whom are still living except the first and seventh child; and that the said Catharine hath remained a widow ever since the death of her said husband - This deponent further said that he hath always understood and believed that the said William Stuart, during the war, was an officer in one of the Regiment of Militia of the County of Dutchess and as such participated largely in the toils and dangers of that period. That he was particularly obnoxious to the Tories, in whose detection and apprehension he was reputed to be uncommonly active and vigilant. That his general reputation was that of a zealous Whig & efficient officer. This deponent cannot detail the particulars of the said Stuarts military service as he never accompanied him in any military excursion, except in one instance which according to the best of the Deponents recollection occured in the year seventeen hundred and seventy eight or nine and of this all of that he remembers is that he the deponent was one of a body of Militia who marched from Dutchess County to a position in the highlands, opposite Wing where [remainder torn off]
Page 181

for several weeks encamped under the command of a Colonel or Lieut Colonel Landon, and that the said William Stuart took part in that expedition and discharged the duties appropriate to the rank which he held
Page 182

State of New York}
Town of Rhinebeck}
Dutchess County} Ss.
William I Stewart of the Town of Rhinebeck County of Dutchess & State of New York Being duly sworn deposeth and saith that he is now in the sixtieth year of his age; that he was born in the Town of Northeast and Comonly called in an early date the little nine partners: But since by a division of said Town Now the Town of Milan in said County: that he resided there upwards of fifty years, when he moved and resided for upwards of 9 years in the Town of Rhinebeck the adjoining town to Milan distant from his first residence about seven or eight miles; and being requested to state what he knows of the Military services of Capt. William Stewart during the revolutionary war: and the Tomb Stone erected to his memory standing in the family grave yard when the said Capt. William Stewart was buried: he farther deposeth and saith that the said Capt William Stuart was his Uncle and resided on the adjoining farm where this deponent lived: And that he was very young where his said Uncle William Stewart died: that he has only a faint recolection of his person before his death: That he was always called Capt William Stewart. and from his earliest recolections understood from the family and neighbours generally that he was a captain: and did much service during the revolutionary War: But how long and where this deponent does not know; except from information from many others that at an early day frequently talked over the events that took place during the war and when ever they spoke of Capt William Stewart that he had done many tours of duly and was in the service of the County more than half of his time from the commencement to the close of the war: That after his death his military three corned cocked hat said to be the one he were in the service and in which there was a rend said to have been made by a ball at the battle of the White Plains was often presented & examined by this deponent in his early life and also the small sword said to be the one he used in the Army of the revolution: after his death the sword was taken by deponents Father and kept many years; and until one of the sons of Capt William Stewart became a commissioned officer in the militia of this State: when he returned the sword of his father to him who used the same word and believes he now has it in his possession. This deponent distinctly recollects the large Tombstone erected to his memory and the inscription thereon certainty as early as the year of 1793 and the stone before that time; that this deponents Grand
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Mother and mother of Capt William Stewart died in 1793 and was buried side of her son William Stewart and this deponent well recolects the same as he attended the funeral of his grand mother and the large Tomb Stone then was standing there as it now is, with this inscription therein: Capt. William Stewart died March the 10th 1788 aged 49 years & months & 16 days: The the gave you is short of two miles from where this deponent lived for the space of fifty years and where the Row & Stewart families buried it being the family buring ground and not over two & half miles from where Capt William Stewart died. This deponent forth states that the widow Catharine Stewart now applying for or pension was the wife of the said Capt William Stewart and that he has known her ever since; and that she has never since been married again. That she is a very old woman and upwards of ninety odd years of age: and that she now lives with James One of her sons in the Town of Clinton about seven or eight miles distant from where this deponent now lives: That he has not visited her within a short time but heard from her almost every week from others & some of this deponents own family: and this deponent further says that she is entirely depending on her children for support as this deponent well knows; and further says not
[signed] W.J. Stewart

Sworn & Subscribed the 31st day of October 1843 before me-
[signed] James Monfort Justice of the peace

[round stamp obliterates first words] ...fy that I am well acquainted with William J Stewart Esq. who subscribed the foregoing affidavit and that he is worthy of full credit as a witness none more so
[signed] James Monfort Justice of the Peace
Page 184

To
Jn'os Catharine Stewart
in the Little Hartners
to the care of  Jn'r John White
[illegible]
Reignbeck
Page 185

Dear Wife Kings Bridge Aug'st 19 1776
This comes with my Love to you and to let you know that I am well thank God hoping you and the family is well When I left home we thought we should march no further than Peekskill but when we arrived there we had orders to march down to where we are now stationed how long we may continue here I cannot tell as there is great reason to expect an attack from the enemy at New York very soon and perhaps we may be called then if occasion Requires. the Men of War has got out of the River yesterday morning and joined the fleet we cannot tell as yet whether they received any damage or not but there was a great firing from the batteries along the River from the Blue Hill till [illegible] But I fear the have Received little or no Damage at the [illegible] Such strong wind and tide to carry then Down the River they found the channel as well as the men could have done that in the Shiverde Knife in the River so that it was concluded the have got intelengence (sic) from some of our own men, the night before they set sail we had five Fine Sloops come down upon them one of the Five ships Grapled the Fenix Man of War but they cut them Selves loose by there line Booms and Cutting away some of there Rigging they Likeways cut there cable and run up the River about 2 miles and came to Anchor. the other five Ships grappled one of the Tendors, and burned her up to the Waters edge we lostt no men upon this Expedition Like wise we have had the agreeable News which may be Depended upon that there is 16 sail of ^French Line of Battle
Page 186

Ships gon (sic) up the River St Lawrance under Continental Collours and that General Borgouin [Burgoyne] is Retreating back to Quebeck with great dispatch = if Capt Radcliffs Sloop is coming down soone send the two Firkins of Butters by her to New York if you in get the other filled you must endevour to get some butter to fill it and give 9'd or 10'd for so much as will fill it if you send it by Radcliffs Sloop let them make the Best of it Let the Firkins be marked on the Heads Remember my Duty to my mother kind love to all Relations I have no more at present to offer but Remain your Loving Husband
Will'm  Stewart
P: S: Direct to me to me to be left at [illegible] Heighets Kings Bridge you may aquaint any of the people that has children or relations in my Company that they are all well
Page 187

To
Capt Will'm Stewart
in the
Little 9 partners

[illegible script at middle left]

[vertical script at bottom] (No 10)
Page 188

Dear Wife / Camp Near White Plains Nov'r  4 1776
This is to let you know that I am well thank God for
his Mercies hoping you and all the family is the same I was
but very poorly when I wrote you the last but has got Quit well
again. Last Thursday night we set several Building on fire
in White Plains and in the morning on Friday the Enemy thought
we had retreated from our Lines as we had left the Lower Lines
Next the Town and moved up upon the Hill about two Hundred
Rod they was all upon the move marching forwards towards us
thinking all was their own [lined out "but"] firing their [illegible] upon our
men where the [illegible] some of our men posted upon which we
began a heavy fire from our Cannon from all parts upon
them which was a great disapointment to them and caused them
to retreat back to their lines their was not many killed on either
Side as the Musquetry did not engage we lost one or two men I
believe they must have lost more as they was very close when
they received our fire they have kept even lines very close to
their own ground till Last night I believe they are moving off
but as the weather is so very smoky, we can not well tell their
rout but believe to the East Endeavoring to surround us as they
have wanted all along but I think they can not compleat their
Designs this campaign they met with a great slaughter Last Sunday
week upon York Island General Green was over the river and the
[illegible] and observed the [illegible] of the enemy he forthwith came
over in a [illegible]noe and immediately ordered his men to draft them selves
close not as much as a sentinel to appear and had all his feel pieces
Change with Language that and let the enemy come within two rod
and then fired upon them with the musketry and cut them down
Most Favably the retreated and rallied upon again, and not reserved
as before the rallied again and the others five they had their own men jumped 
out and often them killing them about four miles by the best
account we can Learn they have lost fifteen hundred men
killed and wounded we have had an account that our men was [illegible]
Says stripping and burning the dead our loss is very small if any
We got Sixteen or Seventeen Hundred Stand of Arms I believe the above
has Timedated them some leave as they must have heared [illegible]
of their defeat at York Island at the time they attempted
Page 189

coming up the River with some more shiping but the had
the Like sucksess they had one Tenders sunk and one ship
so much disabled that they was obliged to tow her off back
again I have no more at present But Remember my Duty
to my mother and Love to all relations which is all
from
Dear Wife
your Loving Husband
Will'm Stewart
Page 190

STATE OF NEW-YORK,}
County of Duchess.} SS.
I, Robert Mitchell Clerk of the County of Duchess,
DO HEREBY CERTIFY, That James Monfort --
whose name is subscribed to the certificate of the attestation of the annexed affidavit was at the time when the same purports to have been taken a Justice of the Peace in and for the County aforesaid, dwelling in the said County duly elected and sworn and duly authorized to the laws of said State to take affidavits
AND FURTHER, That I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said certificate of attestation is genuine.
In testimony whereof I have hereunto set my hand, and affixed the Seal of the said County, the 1st day of November A. D. 1843
[signed] Robt Mitchell, Clerk.
Page 191

[left side, vertical script] Sept 13
NY
adoep'ff
Cath: Stuart,
No-2nd

[right side]
FREE
James L Edwards Esq.
Com'r of Pensions
Washington City
Page 192

Rhinebeck Sep. 8. 1838
James L. Edwards Esq
Com of Pensions

Sir,

I inclose the affidavit of Jacob Couse furnishing additional proof in the case of the application of Catharine Stuart, under the Act of July 1836.
I suppose that by the affidavit in connexion with the proof before offered ^at least nine months service have been sufficiently established. Cours & Frazier the principal witnesses, as far as I can learn, are honest and respectable men, liable indeed to be mistaken, but incapable of wilfully misrepresenting the truth.
I have no knowledge of Cons until within a few weeks - which accounts for the delay in procuring his testimony.
I am, Sir, Very Respectfully
Your Obed't Servant
John Armstrong Jr.
Page 193

Catharine Stewart
deceased
Papers of minor importance
Page 194

Rev
WIDOW, &c.
File No. 19104
Catherine Stewart
Wid. of
William Stewart
Capt. Rev. War
---
Act: July 4, 1836
Index: -- Vol. M. Page 247
[Arrangement of 1870.}
Page 195

Dec 28 96 Histy
to Mrs H N Pierce
Rochester NY
LHB

1908 Jan'y 11. Hist.
To E. C. Church V.L.M
1909 Feby 17 Hist.
To B. A. Johnson V.L.M.
1910 Apr. 11 Letter
to Elisha C. Church V.L.M.
that there is no other
service than that
furnished Jan'y 11, 1908