Revolutionary War Pension and Bounty Land Warrant Application File W. 26829, Benjamin Robert Burts, N.H.
Page 1

(3-1776)
SERVICE N. H.
Burts, Benjamin Robert
Pattrill, Mary Former widow
NUMBER W.26829
CONTENTS [BLANK]
Page 2

the 11 D 1788
Canaan August
Samuel Boston Deptor
to Enlijah Days work Dun By benjamin | 0:8.0
[illegible] aun September 4 D 1788
George harris Depter
to Hedsing 20 yar  [illegible] ath 0=10=0
July 26th AD 1789
r lo weving Sixteen yards of cloth 0 8
Page 3

Benjamin R Burts Died august the 8 AD 1788 and Buried the 9
Benjamin R Burts Jr Born December the 23 AD 1774
Jacob Burts Born June the 10 1776
Mary Burts Born April the 10 1778
Lucy Burts Born April the 19 1781
Seth Burts Born March the 27 17 [text missing due to torn document]
Dian Burts Born March the 31 [text missing]
William Burts Born August the 23 [text missing]
Page 4

[illegible]
No. Mary Pattrill
death
No 31

copd.

Aug 15. 1853

Recd: May 2d 1846.
Page 5

Benjamin R Burt died Augst. 8th 1788.
Mary Pattrial [Pattrill], formerly widow of Benjamin R Burt died Decm. 27th 1839.
Benjamin R Burt Jun, born Decm. 23d 1774
Sarah Burt, wife of Benja. R Burt Junr, died July 15th 1835
Signed by Benjamin R Burt
A true Copy of the Original on record in Town Clerk office in [illegible] Vt.
Page 6

4692
Vermont
Mary Pattrill decd widow of Benjm R. Burts who died on the [BLANK] of [BLANK] in the State of Vermont, who was a prv. in the Coy commanded by Captain [BLANK] of the regt. commanded by [BLANK] in the [BLANK] line for 16 mos. & 20 day.
Inscribed on the Roll of Montpelier at the rate of 55 Dollars 80 Cents per annum, to commence on the 4th day of March, 1834, and ending 27 Dec 1839.
Certificate of Pension issued the 15 day of March 1849 and sent to Hon. Wm. Upham, N. J. [illegible]
Arrears to the 4th of $491.34
Semi-annual allowance ending [BLANK]
{Revolutionary Claim, Act July 4, 1836, Section the [BLANK]}
Leo Jenkins Clerk
[missing text due to torn page] Vol. 1 Page 44

Paper to [illegible] May 1876
Reported Mch 15/49
Let Evans & Fant Apl 14/52
" Evans & Fant, Aug 13/52
" A. Underwood
[crossed out: N. J. P. Morsey Feb 25/53]
A. Underwood
N. S. District Attory
March 1/53.
Let. Hon. L. B. Peck. U. S. S. May 20/53
3d [illegible], Oct 19/53
Johata of the Treasury Oct. 21/53
Let Schalary the Treasury Nov. 10. 1853
Page 7

Copyd.
No 2
June 5/46
6,822
Page 8

State of Vermont
Windsor County ss
On this 4th day of June 1846 personally appeared before the Probate Court of the District of Hartford Benjamin Roberts Burts of sd district, aged 71 years, who being first, duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 4th 1836. That he is the son of Mary Pattrill, who died on the 27th day of December Eighteen hundred and thirty nine, and who was the widow of Benjamin Roberts Burts, who died at Canaan New Hampshire on the Eighth day of August Seventeen hundred and Eighty Eight (1788) and who was a Soldier of the revolutionary war. That he served in the New Hampshire line, and that he the sd Benjamin R. has often heard his mother say, that her husband the sd Benj Roberts Burts was a three years man. That his father the said Benjamin Roberts Burts was married to Mary Fox previous to the revolutionary war, at what place he does not know, but he resided at the time of his enlistment, in Canaan in the State of New Hampshire. That some time after the death of his father, his Mother Mary Burts was married to Joseph Pattrel of Norwich Windsor County, Vermont, and that the sd Pattrel died leaving his Mother a widow at the time of his death, and many years previous thereto-
Benjamin R. Burts

Sworn to and subscribed this 4th day of May A.D. 1846. Before me,
George E. Wales, Judge.

State of Vermont,
Hartfrd District ss
I, Lynden A. Marsh, Registr. of the Probate Court of said District, do hereby certify that the foregoing contains the original proceedings of said Court in the matter of an application of Benjamin Roberts Burts for a pension.
In testimony whereof, I have hereunto set my hand and seal of said Court, this fifth day of June A.D. 1846.
L. Marsh, Register
Page 9

I Lyman Pattrill of Norwich in Mendon County and State of Vermont aged fifty two years depose & say I have been acquainted with and have examined the papers hereto annexed purporting to be the record of Benjamin R. Burts family of Canaan New Hampshire. That nearly is quite forty years ago. Mrs. Mary Pattrill infirmed me that said paper was a record of the births of her children and of the death of her husband, Benjamin R. Burts, That while she was the wife of said Burts they resided in Canaan New Hampshire. That the initial R in her husbands name was Robert. That her husband was a soldier in the war of the revolution, and that during sd war their residence was in the State of New Hampshire in the town of Canaan; that soon after his death she removed to this town (Nowich) and not long after this time, she was married to Joseph Pattrill. And I also further depose & say that Joseph Pattrill, the last husband of the said Mary died in the year Eighteen hundred and twenty nine (1829) and that the said Mary remained his widow to the time of her death. And that the only child of said Mary knewd to be living is Benjamin R. Burts who now resides and has resided for more than forty years in an neighborhood and within a mile of my house. And that the Record above refered to was when I first saw it inserted in a common account book and that there has been no alteration of said record for more than thirty years, nor since I first saw it which is nearly forty years.
Lyman Pattrill
Page 10

State of Vermont
Windsor County
Sworn to and subscribed before me at Norwich this 9th day of July A.D. 1846.
And I hereby certify that Lyman Pattrill who subscribed to the foregoing affidavit is personally known to me, and is a credible witness and the record referred to by him in said affidavit I him hereunto annexed
Wm. E. Lewis Justice of Peace

STATE OF VERMONT, 
Windsor County SS.
I, Norman Williams, Clerk of the County Court, of the County of Windsor in the State of Vermont, do hereby certify that William E. Lewis is an acting Justice of the Peace in and for said county, duly commissioned and qualified; that his commission was dated on the 24" day of November year of our Lord one thousand eight hundred and forty five and will expire the thirtieth day of November next, and that his signature above written is genuine.
Given under my hand and the seal of said County Court, at Woodstock, in said County
of Windsor, this 20th day of July A. D. 1846.
Norman Williams, Clerk
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No 6822
Mary Pattrill
W-
Let to I. Davis 29 Sept 46
" " Same 21 Mr. "
" " Hon P. Dillingham March 47
" " " J Collumer March 11, 48
" " Ira Davis Dec. 7. 48
act 4 July 26

Let to [illegible] Jany 6 49
Page 12

Jan. 6, 1852
Rel: to case of Mary Patrill [Pattrill] s wid. of Benj. R. Burt [Benjamin Robert Burts].

Triplett
Evans & Fant Present

Comr. of Pensions
Present.
Page 13

Let
3 Act Oct 19/54
[illegible] Oct 19/54
L. B. Peck, Oct 20/55
Letters in Rev. claim Nathan Whiting
W18404
Page 14

Revy WIDOW, &c
File No. 26829
Mary Pattrill wid of Benja R Burts [Benjamin Robert Burts] Pri Rev War
Act July 4th 36
Index: Vol P, Page 115
[Arrangement of 1870]
Page 15

6822 No 1
Mary Pattrill decd V
4 July 1836
m. 1774 Mr 24/46
d. 27 Dec. 1839

16 mos. 20 days
$55:80
from 4 March 1831 to 27 Decem 1839, payable to Benjamin R. Burts Lyman Pattrill, and John Pattrill only living children of Mary Patrill dcd.
Ho. Wm Upham
Senate U States

copyd.
Page 16

I Sally Johnson of Norwich, County of Windsor, and State of Vermont, aged 80 years depose and say that some time about the year Seventeen hundred and ninety (1790) the widow Mary Burts came into our neighborhood and took up her residence in the family of Mr Humphrey Ball. Mr Ball lived less than half a mile from our house, not long after this time, Mrs Burts came to our house to live as a nurse. She then informed me that she was a widow, and came from Canaan, New Hampshire and that she had several children then living, that she was married and resided in sd Canaan and that she had suffered greatly during the revolutionary who, having several small Children to provide for during the time her husband was in the service. That she said her husband was gone in the service some years, [crossed out: some years,] I cannot state with certainty how many, I am sure however, it was more than one year that not long after this time, the sd Mrs Burt was married to Joseph Pattnell [Pattrill] of this town, (Norwich). Mr Pattnell lived within one mile of our house till his death. That his wife the sd Mary lived many years afterwards, and died a few years ago at a very great age. That Benjamin R. Burts who now lives in this place is the son of the [illegible] and I always understood was her eldest child by her first husband and was named for his father. That he now lives a near neighbor to me and has resided here more than forty ys. I do not remember that Mrs Burts informed me
Page 17

where she resided when she was married to sd Burts but I will remember she informed me that during the war of the revolution they lived in Canaan New Hampshire and that her husband the sd Burts died there and that the said Mary was the widow of Josep Pattrill at the time of her death and had been for many years previous thereto.
Sally Johnson

State of Vermont
Windsor County ss
Sworn to and subscribed before me at Norwich this 7th day of July A.D. 1846 and
I duly certify that I have been personally acquainted with the said Sally Johnson who subscribed the foregoing affidavit and that she is a person of good character and is a credible witness
Calvin Seaver Justice Peace

STATE OF VERMONT, 
Windsor County ss.
I, Norman Williams, Clerk of the County Court of the County of Windsor in the State of Vermont, do hereby certify that Calvin Seaver is an acting Justice of the Peace in and for said county, duly commissioned and qualified; that his commission was dated on the 24" day of November in the year of our Lord one thousand eight hundred and forty five and will expire the thirtieth day of November next, and that his signature above written is genuine.
Given under my hand and the seal of said County Court, at Woodstock, in said County
of Windsor, this 20th day of July A. D. 1846
Norman Williams, Clerk.
Page 18

Feb 5, 1847 No 11
Deposition of Susan Root.
[illegible] case Mrs Pattrill, dc
R20
4 Feby 1847
Pension Bureau

Jan 22/47
copd.

Hon P. Dillingham, HR
Page 19

I Susan Root of Norwich in the County of Windsor and State of Vermont aged 58 years, depose and say that ever since I have any recollection of events I have lived in the vicinity of the residence of Joseph Pattrill late of Norwich deceased, and most of the time within 80 rods of his residence. That I was well acquainted with the sd Pattrill.
That he married the widow Burts, and by this marriage had several children, only two of whom are living viz Lyman Pattrill of this town, and John Pattill of Moristown in this State.
That Mrs Pattrill, formerly by Mrs Burts, had several children at the time she was married to the sd Pattrill, only one of whom has been known to be living for a great many years that is Benjamin R. Burts who lives in this neighborhood. Mrs Pattrill had another child, a son by her first husband, who, a great many years ago was said to have went to the Province of Canada and some years after that, it was reported he was dead. I should think that was nearly twenty year ago and I think nothing has been heard of him since and so I have been informed ever by the friends and relations in this place, with whom I have been intimately acquainted for more than forty years. That most of Mrs Pattrills Children by her first husband died when they were quite
young, and further deponent saith not.
Susan Root

State of Vermont
Orange County ss
At Thetford this 26th day of Dec 1846 Susan Root appeared and subscribed and made oath to the above deposition Before me.
William Sweatt Jus. Peace

Interlined before signing William Sweatt Jus. Peace
Page 20

I hereby certify that Susan Root who subscribed the within is well known to me, that she is a member of the Methodist Episcopal Church of this (Union) village, and is a credible witness
William Sweatt
Justice of the Peace
Page 21

House Rep Washington 22nd Jany 1847 I certify that Wm Sweatt whose now is affixed to the foregoing as a Justice of the Peace, is, and at the date of sd signatures, was a Justice of the Peace in & for the County of Orange in the State of Vermont, duly appointed & qualified, and that said signatures are his genuine hand writing
Paul Dillingham Jr. M. Congress
from Vermont
Page 22

I Samuel Johnson of Norwich in the County of Windsor and State of Vermont aged 57 yrs depose and say that ever since I can remember I have lived in the neighborhood of Mr Joseph Pattrill. That Mr Pattrill died about the year 1829 and his widow died but a few years since. That I was well acquainted with all the children of Mrs Mary Pattrill and of all the children by her first husband Benj. R. Burts [Benjamin Robert Burts] who I am known to be living or who have been known to be living for a great many years is Benj. R. Bunts who now lives in this town a near neighbor to me, he is over 70 years old. That Mrs Pattrill had living at the time of her death three Children by her last husband, Joseph Pattrill, viz, John Pattrill Lyman Pattrill and Eunice Knowles, that sd Eunice died some five years ago and John Pattrill now resides in Moretown in this State and Lyman now resides in this town on the same farm where his father and mother lived when they died and further deponent saith not
Samuel Johnson

State of Vermont
Orange County ss
At Thetford this 21st day of Oct 1845 Samuel Johnson who subscribed the above deposition personally appeared and made oath that it is true and I also Certify that the sd Johnson is known to me and he is a credible witness
William Sweatt Jus. Peace
Page 23

I James Waterman of Norwich in the County of Windsor and State of Vermont aged 62 years depose & say that I have been personally acquainted with the family of Mr Joseph Pattrill of this town for more than forty years. That the said Pattrill married Wid. Mary Burts. That Mrs Pattrill had four or five children by her first husband Burts. That Benjamin R. Burt who now resides in this town within two miles of my house is the only person living of all the Burt children or of all supposed to have been living for a great many years. That Mrs Pattrill died a few years ago and left three children only two of whom are now living viz John Pattrill who now lives in Moretown in this State and Lyman Pattrill of this town, these are the children Mrs Pattrill had by her last husband, Joseph Pattrill. That Benjamin R Burts who now lives in this vicinity and who is the son of the late Mrs Mary Pattrill is an aged man, I should think more than 70 years old.
James Waterman

Sworn to and subscribed before me at Thetford this 31st day of October 1846 and I hereby certify that James Waterman who subscribed the above is well known to me residing within half a mile of my house and is a credible witness
William Sweatt
Justice of the Peace
Page 24

STATE OF VERMONT
ORANGE COUNTY, SS.
I, Calvin Brodgett Clerk of the County Court of the County of Orange in the State of Vermont, do hereby certify that William Sweatt Esq is an acting Justice of the Peace in and for said county duly commissioned and qualified; that his commission was dated on the first day of December in the year of our Lord one thousand eight hundred and forty five and will expire the thirtieth day of November next, and that his signature hereto affixd is genuine.
Given under my hand and the Seal of said County Court, this fourth day of November
A.D. 1846
Calvin Brodgett Clerk.
Page 25

(Confidential)
Burlington Feb. 22. 1852
Some three or four years ago an old man by the name of Jedediah Burt who lived in Essex called upon me saying that he had been informed that his mother Polly or Mary Patril [Pattrill] of Norwich, dec former widow of Benjamin Burt [Burts] died entitled to a pension. He stated that she died about the year 1832. He was not accurate in this, for she probably died in December 1834. I told him she was not entitled to a pension as she died before any law passed granting pensions to widows of revolutionary soldiers.
I heard nothing more in relation to the matter until the present winter, when a Mr. Owen, with whom I am acquainted, and who sought to aid Mr. Burt, informed me that a pension had been obtained for the children of said Polly Patril, and that said Burt had not been represented, and that the certificate issued payable to the other children of Polly Patril. I advised him to go to Norwich and ascertain the truth of the matter. He went for that purpose, and informed me, on his return, that a certificate of pension issued for a pension from March 4, 1832, to sometime in Dec (the date I do not remember) 1839, and that the money had been paid to the children named in the certificate, Jedediah Burt not being named therein. He further informed me that he ascertained
Page 26

Polly Patril [Mary Pattrill] died in December, 1834, and that a record of her death was recorded in the town clerk's office, in Norwich, in 1846, stating that she died in December 1839. From the investigation which Mr Owen made, I am inclined strongly to believe that this record was manufactured for the purpose of fraudulently procuring a pension, and probably other testimony of like character.
Mr Owen is of the opinion that if a fraud has been practised the children of Polly Patril are not the guilty parties.
Jedediah Burt knew nothing of the matter until after the pension was obtained. But on learning that a pension had been obtained, he claimed his share, and I believe he has received from the other children about twenty dollars. He supposed the pension was fairly and honestly obtained.
I am very respectfully Your obt Servt.
Wm. Weston

J. E. Heath Esq
Comsr of Pensions
Page 27

Norwich Vt Sept 7 1846
Dear Sir,
Enclosed I send the application of Benjamin R. Burts, for a Pension in the right of his mother Mary Patrill [Pattrill], deceased, for the service of his father Benj. Robert Bents in the war of the Revolution. The papers transmitted are the declaration Secretary's certificate of the service. The family record, attached to the affadavit of Lyman Pattrill Esq showing also that the applicant is the only surviving child of the said Burts. The affidavit of Sally Johnson identifying Mary Patrill deceased at the Widow of claimants father, and as residing in Canaan N.H. The affadavit of Doct William Sweatt showing the date of the death of Joseph Patrill, and the certificate of the Town Clerk showing the date of the death of claimants mother Mrs Patrill, which I trust will be satisfactory
in the case.
Yours Respectfully
Ira Davis
Page 28

Norwich Nov. 7 1846
Dear Sir,
Enclosed is the evidence requested by yours of Sept 29 in relation to the children of Mary Pattrill.
I percieve by your letter that you are disposed to allow only the service rendered subsequent to the desertion of [Benjamin Robert] Burt, but I do not see the propriety of that conclusion. It appears from the Rolls, that Burt served, about 19 months previous to his desertion, and that after a short absence, he returned and served until discharged. From the fact therefore of his return, that he was recieved, and served the remaining time, I think the error of his desertion was then considered as cancelled, and should be so treated now, both upon general principles, and for special reasons.
Whenever a person is disfranchised for any offense and is by the proper authority restored to his legal privileges, the act of restoration removes entirely his disability, and confers upon him all his former rights. The Resolution of Congress of Oct 17 1777. furnishes a special reason which the service rendered previous to the desertion, should be treated precisely as if no desertion had taken place, when coupled with the fact, that he returned and served.
Had Burt never returned to his company, justice and propriety, would have required, that he be not entitled to the benefit of the Pension laws, but after having returned and faithfully served, I think his transgression should be remembered no more.
Yours Respectfully
Ira Davis
Page 29

No 10
For the Comr. in relation to the case. The law of 36 makes no exception to-

(without date)
copd.
Page 30

To the Hon Secretary of War
Sir,
In addition to the views, heretofore submitted to the Department in the case of Benjamin R. Burts who claims a Pension in the right of his father [Benjamin Robert Burts], I would respectfully submit the following, to wit:
That the Pension laws of 1832, '36 and '38 bestow their benefits upon the recipients, not in payment for services, rendered, nor as a bounty, but simply as a gratuity.
I do not find, on examination, any provision in either of the above mentioned Statues, by which its benefits are with from any individuals in consequence of desertion, nor am I able to find any general law, by which any individual is deprived of such benefits on that account, nor am I able to concieve by what authority the Commissioner of Pensions, nor indeed any officer of the government, may give to those statutes a construction, by which any portion of those embraced within the terms of the law, should be deprived of its benefits, on the contrary, all statutes of the kind should be construed beneficially.
By the law of 1836, under which this claim is presented, the only conditions imposed are, a given term of service, and marriage previous to its termination. If then these terms have been complied with, I can see no reason why any part of the claim should be rejected.
Page 31

No 12
Jan 23/47
Conf'n with Mr. Edwards.
W. L. Morrey.
The time served before desertion is not, by a long established rule of the Dept., to be taken into account in settling the amt. of a Pension
W.L.M.
1 Feby 47.
Page 32

To the Hon. William L. Murey, Secretary of War
Dear Sir,
Some months since I sent to the Pension office the application of Benjamin R. Burts for a Pension in right of his Mother Mary Patrill [Pattrill] deceased, who was formerly the widow of Roberts Burts [Benjamin Robert Burts] the father of the applicant.
It appears from the Regimental pay Ledger that the said Roberts Burts entered the service on the 28th of April 1777, and that he deserted
on the 25th of Nov 1778. That he rejoined his company on the 16th of February 1779, and continued to serve until the 8th of July 1780. making a period of 6 months and 23 days service subsequent to his desertion.
It appears further from the Pay Ledger, that on the 8th of January 1781, he recieved a certificate for the sum of $42, 15s.7a and that he was subsequently paid, the further sum of $12, 10s.8a
Upon this evidence the commissioner declines allowing, for any Service prior to the date of Burt's desertion. From this decision I wish
to take an appeal to the Secretary of War. for the following reasons
1st I think the doctrine of the Commissioner, erroneous, when he says that the effect of the pardon of a Deserter, operated simply to
relieve him of the punishment or penalty, and that therefore he is entitled to no benefit, from his previous services.
I believe it is an established, principle, that the granting of a pardon, remits all the disabilities, incurred by the commission of the crime.
In England I think, after a pardon for any crime, the person so pardoned, may maintain his action for slander, against any one who shall afterwards accuse him of it which fully sustains the principle stated above
But in this case, the Deserter, was subsequent to his discharge
Page 33

actually paid by the government for the services rendered prior to his desertion, which is, I think, at least, prima facia evidence that it was at that time considered that, his disability was removed, and his rights and privileges fully restored,
I am Sir Yours Very Respectfully
Ira Davis
Jany 23 1847
Page 34

No 26
Jan 25.1853
copd.

Abel Underwood Esqr.
Chelsea
Page 35

Confidential
Norwich Jany 25th 1853
A Underwood Esq
US D Atty,
Dear Sir
I wrote you last [illegible] relative to a fraud upon the U.S. Govt in obtaining a pension for widow Mary Pattrial [Pattrill], for about 5 years after her decease and it did not occur to me at the time, that the Court was sitting at Chelsea & I sent it, to Wells River, you have probably received it before this time, I have learnt something further relative to the matter which I will confidentially communicate to you, for it is so barefaced a fraud, I think it should not be winked at, if great characters are concerned in it, it is so much the worse. Widow Pattriel lived, and died at the huase of her son Lyman Pattrial in this town in Decr 1834, as the neighbors say and I think there is no doubt about the proof, one man told me Saturday that he moved into the neighborhood about a mile from Lyman Pattrials in 1837, and the old Lady was not living them, & he understood that she died 2, or 3 years before, another man told me that he
Page 36

had talked with Lyman Pattrial [Pattrill] about the pension and that he did not deny but what his mother, died in 1834, but said he had nothing to do about getting it, that Dr Wm. Sweatt & Dr Ira Davis did all the business. they let him & 2 other brother have some of the money they drew from March 4th 1831, to Dec 1839, about 5 years after she died, & drew about $500. Lyman Pattrial told Mr Bradle that Doct Sweatt made a certificate of the old ladys death, and give it to another of brothers by the name of Burt, to carry to the Town Clerk and have it, recorded; The town Clerk says Doct Davis gave him the certificate in 1846 to put as received, and it appears by the certificate that she died in Dec 1839. There is no doubt about the proof that she died in Dec 1834. I think Lyman Pattrial would tell you the whole story all about it, if you could see him, it appears that Mrs Pattrial was married to Benj Burt [Benjamin Robert Burts], and he died, and then she married Joseph Pattrial, it is for the services of her Burt husband that the pension was obtained, she has now living 2 sons by her Burt husband vis, Benj. & Jacob, Benj lives in this town & Jacob lives in Underhill in this State, and two sons now being by her Pattrial husband, Lyman who lives in this town, & John who lives in Waitsfield in
Page 37

this state. I am told a man in this town that they draw a pension about 5 years after the old lady died, that he came down to get his share of the money & Davis & Sweat figured up a large bill for expenses, and paid him what they called his share. The way this matter came to my knowledge was, that they would not pay Jacob Burt any thing he being a poor old ignorent man, and he sent a man, here a few weeks time to look it up, he told him that he called at the pension office in Montpelier as he came a long and found that Mrs Pattnil [Pattrill] drew about $54 per year from March 4th 1831 to Dec 1839, he went to Lyman Pattnail, to get him to pay Jacob Burt his share & he refused & he said when he left, that he should call on Doct Sweatt and if he would do nothing he should take some other course, since then I have not heard any thing from him I presume Sweatt settled with him but do not know, I suppose the application in the name of the old Lady must be a forgery, as she died about two years before the law was passed, the original papers in the Pension Office at Washington will show all about the proceedings, I wish this to be confidential beween us.
Very Respectfully Yours
H. Burton
Page 38

No 30
D
Cole
copd.
March 3/53
Page 39

To the Commissioner of Pensions
Sir. The application for a Pension in the right of Mary Patrill [Pattrill] was made by Benjamin Burt son of the said Mary by a former husband, as will appear by the files.
Burt, in his declaration says, that himself, John Patrile & Lyman Patrile, were the only surviving children of the said Mary Partrill.
His statements were confirmed by the affadavits of some of his most respectable neighbors. And I have no doubt that the declaration and affadavits were made in the most perfect good faith.
But subsequent to the receipt of the Pension, it was found that Jedediah Burt a brother of Benjamin was still living. Who it was understood by the friends had died some years before.
Jedediah claimed his proportion of the Pension, but agreed to relinquish any claim to what his brother Benjamin had recieved, on acount of his extreme poverty, I gave Jedediah $10 Lyman Patrile I understood gave him the same sum, & John Partrile was to do the same, but afterwards, as I learned, on account of some misunderstanding, refused to do so. Some two or three months since, a man calling himself Orlando Owen, residing in the vicinity of Burlington, called on me to enquire about the Burt case I gave him what information I was able. That if Jedediah had not received his proportion I was willing to assist him to obtain his right on on account of his poverty. A short time afterwards, the said Owen wrote, charging B. Burt, myself & the Partriles with fraud Swindling &c. in obtaining the Pension, and that unless we paid him a certain sum, - I think about $70, he would make complaint
Page 40

At the Pension office He charged a fraud in the omissions of the name of Jedidiah, and of the date. I [illegible] to a friend in Burlington $80 with directions to pay it into the hands of Jedediah Burts (who is also very poor) on condition he would give a receipt sd. Burt for $20 in full, excepting his claim on Patrile, and the $10 I gave him (Jedediah) in consequence of his poverty.
In prosecuting the claim I have used such evidence (excepting the proof of service) as was furnished me by the claimants, without suspecting any fraud, and do not now think that the declarant had the least idea that his brother was living at the time he made his declaration.
Yours very Respectfully
Ira Davis
March 3 1853

In this case I would respectfully refer the commisser to Rev. F. S. Evans, late Clerk in the Pension office.
Page 41

I William Sweatt of Thetford in the County of Orange and State of Vermont aged 52 years depose and says that during some year previous to the year 1829 I was personally acquainted Joseph Pattrill of Norwich in Windsor County and State aforesaid. That Partrill resided within two miles my house, and that for several years prior to his death, I was his family physician, and attended him in his last sickness - and that it appears by my books that I visited him for the last time the twenty second day of October 1829 (Eighteen hundred and twenty nine) and and Partrell died soon after wards. I cannot state what day in October but he died within two weeks from the time I last visited him, and I think in less time than one week, and further deponent saith not
William Sweatt

State of Vermont
Orange County ss
Sworn to and subscribed before me at Thetford this 3d day of August 1846 and I hereby certify the sd deponent is a credible Witness
R M Gleason Justice of the Peace
Page 42

STATE OF VERMONT,
ORANGE COUNTY, SS.
I, Calvin Brodgett Clerk of the County Court of the County of Orange in the State of Vermont, do hereby certify that R M Gleason Esq is an acting Justice of the Peace in and for said county duly commissioned and qualified; that his commission was dated on the first day of December in the year of our Lord one thousand eight hundred and forty five and will expire the thirtieth day of November next, and that his signature hereto affixed is genuine.
Given under my hand and the Seal of said County Court, this 20th day of August
A.D. 1846
Calvin Brodgett Clerk
Page 43

 19
1781 Jany. 8

Robert Burts | D.T.
Ballance cloathing sold by Leigh | 4 | 2 | 9 | 7
Average of Rum, Sugar tea | $0. 17. 0 |  |  |
Paid by the Continent in 1777 |8. 2. - |  |  |
ditto in 1778 $ 3.10/2 ditto in 1779.21/ | 4. 12. 2 | 13 | 12 | 2
Gave him a certificate |  | 42 | 15 | 7
| $ | 58 | 17 | 4
Paid by Cannan $ 12.5.7 Paid by Blake 5/1 |  | 12 | 10 | 8
Contra C.N.

Engaged April 28. 1777 [crossed out: By 8 months & 3 days in 1777 $ 16.4.0]
Deserted Novr. 25. 1778 [crossed out: By 10 months & 25 days in 1778 " 21.13.4]
Joined Feby 16th 1779 By 10 1/2 months 1779 "21. " -
discharged July 8th 1780 | $ | 58 | 17 | 4
By 6 months & 8 days in 1780 | $ | 12 | 10 | 8
10./10 15/23 in 79 $55.88
State of New Hampshire
Secretary of States Office

I do hereby certify that the above is a true copy of the original drawn from Cilley's Regimental Ledger returned from the War Department at Washington to this office in 1841. I further certify that the name of Rob. Benj: Birts is borne upon the muster roll of Capt. Hansen's Company as having enlisted in 1777 for Canaan for three years. I also certify that there is but one man upon said roll bearing the name of Burts or Birts.
In testimony whereof I have hereunto set my hand and affixed the Seal of the said State: this 26th day of June A.D. 1846.
George G. Fogg, Secretary of State.
Page 44


No 14
Norwich Vt.
29 Augt 1848
Ira Davis
In the case of Caty Burnham for pension & the one of Benj Bert [Benjamin Burts].
10.201
1 Sept 1848
Pension Bureau

Hon William L. Marey
Secretary of War
Washington City
Page 45

Norwich Vt. Aug 29, 1848
Dear Sir,
In the case of the application of Caty Burnham in the right of Hannah Annises, for a Pension. The commissioner of Pensions, was furnished with the certificate of the Probate Court, attached to the Declaration, showing the date of the death of Mrs. Annise. He rejected that species of evidence & required the affidavit of the undertaker*, the Physician in her last sickness, or the Clergyman who attended her funeral. I am informed by the family that the Clergyman, was an itinerant Methodist, and has emigrated or been transferred to some Western Conference, and they know not where to find him. Also that the old lady died of extreme old age, & had no attending Physician. Under these circumstances, I transmitted to the Pension office the certificate of the Town Clerk when the death was recorded. The commissioner declines this proof and in his letter to Hon. Mr. Peck of Aug 22d insists on the proof above alluded too.
I wish therefore to ascertain whether it is a rule of the Department, - that evidence of the public Records is a lower order of proof than parole testimony? or whether the Commissioner is at liberty whenever the whim takes him, to set aside the higher order of proof & substitute the lower. I wish also to call the attention of the

*We have there no such officiary or undertaker
Page 46

Secretary to the case of Benjamin Burts who applies for a Pension in the right of his mother Mary Partril, in which case an appeal was taken to the Secretary of then nearly two years since, & is as follows, Burts enlisted for three years, & after serving nearly half the time, is entered on the Rolls as "Deserted", after a few weeks, the rolls show that he rejoined the company, served out the full time & was regularly discharged & paid for the whole term.
The commissioner refuses any allowance for the service paid to Desertion & treats this is a case of unqualified desertion. Notwithstanding it must be apparent that the entry of Desertion was made upon the Rolls in consequence of his having overstayed his furlough, and his subsequent discharge and payment for the service, prior to desertion is full evidence of the fact.
Will you have the goodness to provide me with a decision the above points.
I am Sir very Respectfully your obdt Servt
Ira Davis
Page 47

No 13
M 25/47

Hon William L. Morey
Sectetary of War
Washington City

May 27th
Decem 6 44
Norwich Vt. Nov 29, 47
Ira Davis.
Asks action on his appeal on Mary Patricks [Pattrill] claim.
D.219. [illegible] 3/47
Pension Office.

No papers in the War office in his case
Page 48

Norwich Vt Nov 29 1847
Dear Sir,
Sometime in January last I left with the Department an appeal from the decision of the Commissioner of Pensions in the case of the application of Mary Patricle [Pattrill], former widow of Benjamin R Burt [Burts], for a Pension. The question involved was the effect of Burt desertion, upon the right of his widow to a pension. It appears by the records that after a few weeks absence he returned, and completed his term, was regularly discharged and subsequently paid, not only for the latter part of his service, but the balance due at the time of his desertion.
Will you have the goodness to examine the case as soon as convenient & inform me of the result.
I am Sir very Respectfully Yours
Ira Davis
Page 49

No 15
Jan 13. 49
copd.

Mr. Ames
Mary Patrill [Pattrill]
Vt at 36

Jan 1/49
Page 50

State of Vermont,
Hartford District ss
I, Lyndon A. Marsh, Register of the Probate Court for the District of Hartford do hereby certify, that satisfactory evidence has been exhibited to said Court to prove that Mary Pattrill late of Norwich in said District, deceased, was the Widow of Joseph Pattrill late of Norwich aforesaid, deceased, and that the said Mary was formerly the widow of Benjamin R Burts or Robert Burts, deceased, that the said Widow Mary Pattrill died on the twenty seventh day of December 1839 - that the following are the names of her children now living, and that no other child survived her, to wit, Benjamin Burts and Lyman Pattrill, who both now reside in Norwich aforesaid, and John Pattrill, who now resides in Moretown in this State.
In testimony whereof, I do hereto affix the seal of said Court, at Woodstock in said District, this first day of January A.D. 1849 -
L. Marsh, Register
Page 51

Senate Chamber
Washington 16 Jany 13th 1849
Colo. Edwards:-
Dear Sirs, Enclosed you will receive a letter addressed to me by Dr. Ira Davis of Vt. and also evidence relating to pension cases pending in your office - will you have the kindness to pass upon the cases and endorse to me the pension certificates, if the evidences is sufficient to authorize and to issue then
I am, Sirs, very Respectfully Yours
William Upham
Page 52

State of Vermont,
Hartford District, ss
Probate Office Woodstock
February 123. A.D. 1849

I, Lyndon A. Marsh Register of the Probate Court of said District, do hereby certify, that plenary evidence has been exhibited to said Court to prove that Mary Pattrill late of Norwich in said District, deceased, was the Widow of Joseph Pattrill late of Norwich aforesaid, deceased, and that she was formerly the Widow of Burt [Benjamin Robert Burts] late of Norwich aforesaids deceased; that the said Mary Pattrill died on the twenty seventh day of December A.D. 1839; and that the said Mary has but three children now living, to wit, Benjamin R. Burts and Lyman Pattrill, both of whom now reside in Norwich aforesaid, and John Pattrill, who now resides in Moretown in this State.
In testimony whereof I do hereto affix the seal of said Court, the day and year above written.
L. Marsh, Register
Page 53

Senate Chamber
March 2nd 1849.
Dear Sirs,
At the request of Doct. Davis of Vt. I enclose to you these accompanying papers.
I am, Sirs, with great respect yours
William Upham
Copd. J. L. Edwards.
Page 54

State of Vermont,
Hartford District ss
Probate Office [illegible]
December 10, A.D. 1850
I, Lyndon A. Marsh Register of the Probate Court of the District of Hartford, do hereby certify that satisfactory evidence has this day been presented in said Court, showing that Deborah Fuller, widow of Will Fuller, deceased, died on the fourteenth day of October, A.D. 1841, and that her only surviving children are Persis Spencer and Laura Matthews of Norwich in said District, Lucy Ensworth of Manchester in the State of New Hampshire, and Amos Fuller of Jamestown in the State of New York.
In testimony whereof, I do hereto affix the seal of said County and subscribe my name, the day and year above written.
S.A. Marsh, Register
Page 55

Washington, Jany 3 1852
Sir.
We are requested by Mr Ira Davis of Norwich, Vermont, to call up the case of Mary Patrile [Pattrill], Widow of Benj. R. Burts, who was placed on the Vermont roll, act 4 July 1836. She was pensioned for 16 months and 20 days, when there should, (I think) have been a full pension. He entered the service 28 April 1778 & was discharged July 1780. It is true, that he deserted 25 Nov 1778 and rejoined the army Feb 16. 1779. Under these circumstances, and when the certificate of the Secy of States shews payments for more than two years, I do not see how it can be disallowed.

The record shows as follows
Engaged 28 April 1777 | Payments.
Deserted 25 Nov. 1778  | 8 months 3 days in 1777. & 16.4.0
Joined Feb. 16. 1779 | 10 " 25 " 1778 12.13.4
Discharged July 1780. | 10 1/2 " 1779 21. " "
6. " 8 " 1780. 12.10.8.

Respectfully Evans & Fant

J. E. Heath Esq
Com of Pensions
Page 56

Know all men by these presents that I Lyman Pattrill of Norwich County of Windsor & State of Vermont, son of Mary Patril [Pattrill] deceased, do hereby constitute and appoint Evans & Fant of the City of Washington, my true & lawfull attorneys for me and in my name to prosecute the claim of my said mother deceased, for additional amount of Pension, in consequence of the Revolutionary
services of her former husband Robert Burt, (one Benjamin R Burt [Burts]), and generally to do all acts and things touching said presents, and which I might lawfully do if personally presents, and [crossed out: I] hereby confirming all legal acts which my said attorney may do in my name, touching said matter of Pension, by virtue of these services.
In testimony whereof I have hereunto set my hand & seal this 30th day of April A.D. 1852, in presence of Ira Davis
Lyman Pattriell

State of Vermont
Windson ss
At Norwich this 1st day of May, Lyman Pattrile personally appeared & acknowledged, the foregoing instrument
by him signed to be free act & deed,
Before me H S Richards
Justice Peace

I hereby certify that H. S. Richards whose name is signed to the acknowledgement of the above power of attorney, is a justice of
the peace within and for the County of Windsor, in the State of Vermont I am not
Page 57

acquainted with Mr. Richards hand writing and can not say that he [illegible] certify to the genuineness of the signature.
Wm Upham

Washington D.C. May 19th 1852.
Page 58

Washington, May 25th 1852.
Sir,
In your letter of the 14th Ulto, you state that you cannot report to us in the case of Mary Patrell [Pattrill], of Vermont until we produce the authority required by your office. We called up the claim upon the request of Mr Ira Davis of Vermont, and old friend and acquaintance of and to Evans, and the individual, he believed, who has always had it in charge. We now enclose a power of Attorney, from one of the children authorising us to act in the premises. You mite therefore be pleased to examine and report to us.
Very respectfully
Evans & Fant

J. C. Heath, Esq
Comr of Pensions
Page 59

No 25
copd
Dec 20/57
Page 60

Mr F. S. Evans & Fant,
Gents, will you have to examine into the claim of Benjm Burt [Benjamin Burts] for a Pension in the right of his mother M Patrile [Mary Pattrill], a certificate was issued in part, only in consequence of entry of desertion upon the rolls. But the papers I think show this, is a case of wilfull deserture. He afterwards returned, served out his time was paid for his whole service & regularly discharged.
Please examine the files in the Pension office & see what can be done
Norwich Vt Dec 20 1851
Yours respectfully
Ira Davis
Page 61

Norwich Feby 1- 1853
Dr. Sir
Your form mailed to day is at hand, I cannot tell you when the pension was obtained, but you can find out the facts by writing to Mr Page Cash of the Vt Bank, when it was paid & how much & to whom
Respt Yours H Burton
NB. I have an idea that fraud & forgeries agst. the U S Govt are not out lawed as soon as agst the State, our statute limits Forgery to 6 years
Yr HB
Page 62

Dist Attys Office
W [illegible] Feb 5/53
Sir
I herewith enclose that the original letters recd since, the first of which I sent a copy. They are confidential as you see. I will be glad to have you return these after perusal. It occurs to me the offence, if any might be bared by the Stat limitations & by recurrence to the original papers at the Pension Office. you can determine. Any recommendation you deem fit to [illegible]. I will attend to
Truly your obdt Sevt
A Underwood
P.S. Mr Burtons name you will please consider according to his wishes
Page 63

Dist Atty Office, 
W. [illegible] Mar 18/53
Following is a copy of another letter just received

"Norwich Mar 16 /53
Confidential
A. Underwood Esq
Dr Sir
Mr. Lyman Pattril the son of Mrs Mary Pattrial [Pattrill] came to see me, a day or two since & wanted I should write you about his mothers Pension. He says if he has done any thing wrong about it he has done it innocently. He says, the first that was said about getting the pension for his mother was soon after they got a pension for old Mrs Whiting Doct Sweatt was at his house & was telling that he had got a pension for Mrs Whiting & that he had just paid Elijah Whiting her son $130. for his share. He says his wife, spoke & asked reason why they could not have a pension for their mother as well as for Mrs Whiting? Sweatt then asked when she died? and he says they told him that she died Dec. 25th   1834 & Sweatt then replied that she died too long ago. He says his wife, replied to him that Mrs Whiting died 2 or 3 years before her mother Pattrial died & Sweatt said he guessed not & went away.
After that he says Davis was there at his
Page 64

hand, & nearly the same conversation took place between him & them some time after that. he says Sweatt called on him & told him there was a new law past & he thought he could get a pension for his mother & the next he knew any thing about it, Sweatt or Davis notified him to go down to the plain & execute a power of Attorney to get the money & he says he & his brother John & Benja Burt went down to Davis and executed the power, not knowing but all was right & honest. After that he says. Davis calld on him with the money & paid him one 9th part of what he said was drawn. He said they kept two thirds & divided the other 1/3 between him & his two brothers & he says he did not know that any thing was wrong about it. He says he was paid 54 dollars & some cents for his share,
I am told from good authority that there is abundant testimony to prove that old Mrs Whiting died 2 or 3 years before Old Mrs Pattrial. They will know at Washington how much was paid the Whiting heirs-
Yours &c

N.B. Pattrial days Sweatt has been to see him & pretended that Burt decieved them about the time of the old ladys death- when the fact
Page 65

is Sweatt doctored her in her last sickness and Pattrial has his account receipted & the last charge on the account is to a visit to the old lady on the 24th day of Dec 1834 & Pattrial & his wife both told him & Davis also that she died Dec 25. 1834. He must be very forgetful
Yours, [illegible]"

[illegible] you see [illegible] the matter looks. If you have seen the [illegible] you can shew him this also & he will give any orders he may think proper .
Truly your obdt servant
A Underwood
U S Atty
Page 66

"Mary Pattrill widow of Joseph Pattrill and formerly widow of Benjamin R. Burts died December the twenty seventh eighteen hundred and thirty nine"
Town Clerks Office,
Norwich Sept. 5, 1846
I hereby certify that the above is a true copy of the Record with the exception of the dates which is expressed in the record in fair legible figures as follows December 27th 1839.
Attest W E Lewis Town Clerk

State of Vermont, Windsor ss
I W E Lewis above named depose and say that I hold the office of town clerk of the Town of Norwich in the County of Windsor and State of Vermont and that the above is a true extract from the records of said town of Norwich with the exception above named as certified by me
W. E. Lewis
Page 67

L. B. Peck
Dist. Atty of Vermont
[illegible] Oct. 11. 1834
Returns original papers in the case of Mrs. Pattrill

Col Niles

Recd Oct 18th 1839
Page 68

Copy
Dis. Attys Office
Montpelier Oct. 11. 1854
Sir,
I herewith enclose the original papers in the case of Mrs. Pattrill numbered 1. to 31. inclusive - having no further occasion for them. Please acknowledge their receipt.
Yr. ob Sevt
L. B. Peck

[illegible]
F. B. Shuler Esq
Sib. Vt.
Page 69

L. B. Peck
Dis. Atty of Vt.
dated Oct. 11. 1854.
Returns original Pension cert. rects. in the cases of Mrs. Whiting & Mrs. Pattnil [Mary Pattrill]
Page 70

Copy
Dist. Attorney's Office
Montpelier Oct 11. 1854
Sir,
Having no further use for Pension certificates & receipts in the case of Mrs Whiting & Pattrall [Mary Pattrill] I herewith return them
very respectfully
yr obt Servt.
L. P. Peck

[illegible]
F. B. Shuler Esqr
Sect. Treasury.
Page 71

Treasury Department,
Third Auditor's Office
Oct 23d 1854,
Sir,
In answer to your request of the 19th Inst.  I acknowledge the return to this office the papers upon which pension was paid to Mary Pattrill and Phebe Whiting, under act 1836, at the Montpelier agency.
I am, Sir, your
obedient Servt
Saml. S. Rinds
Acting Auditor

L. P. Waldo Esq
Washington D. C.
Page 72

Dist. Attys Office
Montpelier Nov. 20. 1854
Sir,
Herewith are enclosed the papers to which refer in your favor of the 20th ultimo. Mr Rily left with me copies of papers in the same case which I do not send it is presumed you do not wish for them.
Respectfully your obt. Servt - to -
L. B. Peck

Hon. L.P. Waldo
Comr of Pensions,
Washington
Page 73

Mary Pattrill Vermont Admittd Act 1836
Papers
L. P. W.

4692
Feby 13/55
Page 74

Sarah Burnham and 135 [illegible] 1/38.
Dist. Atty Office
Wells River Vt Ma 10/55
Dr. Sir,
I have been to day to see what could be done in the Pattrill case. I am apprehensive that the Statutes both of the U. S & this State have run out, both fraud upon the U. S. & the purjury (if any) here - as the statute of Line of this State for purjury is 3 years. So I see no way to punish these fellows Davis & Sweat [Sweatt] but to commence a suit in form of the U.S. ags them for money had & recd as I did in Slingerlands case. That will be a pretty hard punishment for them & I have written the Saled for instruction as to a suit. He probably will call on you to learn the facts. I learn there is considerable excitement in the neighborhood of the Drs & that the people will not feel satisfied unless something be done. It is said there is another case of Wid Phoebe Whiting of Thetford where they obtained a pension. This wid tis said died 20 years ago & before the law was acted giving the pension - And another Caly or Cale or Kate Burnham, of Thetford is supposed to be wrong. Her first husband was Thayer, 2nd husband Barnham - She was the wife of Burnham when she got the pension & Burnham the husband is yet living. We could not be fully posted up on this latter case not having the papers to refer to. Whether she drew the pension for services
Page 75

of her father or first husband, Thayer.
I am not familiar with the pension laws & I would be glad to have you inform me (in case the Salr advises to a suit) under what act or acts each of these pensions, Patriall [Pattrill], Whiting & Burnham were obtained? & for whose service Mrs Burnhams was obtained. When each pension was obtained how much in each case. who the agents. Attys JC & whateavr facts I may need from your department to shew the liability of Davis & Sweat [Sweatt]. I doubt if they would battle it out as I understand they grace feverishly. Probably they would settle without trial & refund at least what they put in their own pocketts, if it is true the pensions were wrongfully obtained of which I have but little doubts. Davis I suppose is rather irresponsible but Sweat is said to be good & I understand they have been in company many years obtaining pensions & divided the spoils in these.
I would like a statement of what they obtained in each case & when perhaps known I shall find this more easily at Montpelier.
I wrote the Salr long ago that it seemed to me Congress ought to abolish the limitation acts in these fraud cases, Often than any way frauds are not discovered till hard by limitations under the present law. I would give a longer time, at any rate, in which to
Page 76

proscution. Please let me hear from you as soon as may be after having an interview with the Salry
In [illegible]
your obdt Servt
A. Underwood
[illegible]
P.S. The two letters of Mrs Burton sent you I would be glad to have return as they were confidential. Your retaining copies of your charge, though I doubt not they will be as well in your hands as mine so far as they being confidential is concerned.
Enclosed is a letter from Mr March which you will please return with the others. I send also copy of a record in Norwich J Clerks office. The original is there in Dr Sweats and hand writing Please return this also
Page 77

Mary Partrill [Pattrill]
Papers presented by Ira Davis - more than a year ago.
Enquiries of the Pension Office what has become of the papers.

Mrs Partilles papers were returned on 1st July
Page 78

Abel Undewood Esquire
Wells River
Vermont

No 22
copd.
March 9th 1853

[document contains a US postal stamp; cancellation: WOODSTOCK MAR 8 VT]
Page 79

Woodstock March 8/53-
Dr Sir
In answer to yours of yesterday, I will remark that I find on file, an affidavit from Susan Root and one from Samuel Johnson, both of Norwich, and sworn to each before William Sweatt Just Peace, & each certified by said Sweatt as credible witnesses & in addition a certif. from the town Clerk of Norwich as to the time of Mary Pattrills death -
The affidavits appear to me to be in the same hand writing as the signature of Sweatt.
My fees were charged to Ira Davis of Norwich & this leads me to presume that the proof was furnished by, and the [illegible] transacted with him tho I have not found any accompanying letter from him.
If consistent, I will thank you to give me a copy of my certificate of Feb 23/49-
Yours truly
L. A. Marsh.

Abel Underwoods Equir