Revolutionary War Pension and Bounty Land Warrant Application File R. 12837, Aaron Burr, Continental (N.J.)

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(3 - 1776 )
SERVICE
Continental (N.J.)
Burr Aaron
Eliza B
NUMBER
R. 12837
CONTENTS

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1 For the purpose of obtaining the benefit of an act entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution" approved on the 15th
day of May 1828.  I, Aaron Burr native of New Jersey now residing in the City of New York in the State of New York do hereby declare, that I was an officer in the Continental line of the Army of the Revolution and served as such as follows.
I entered the Continental army during the Revolutionary was as a volunteer in the summer of the year 1775. In December following (in the same year I was appointed
Aid [Aide] de Camp to Genl. Montgomery, and after his death continued to perform the same duties under Genl. Arnold and in the summer of 1776 was appointed aid de camp to
Genl. Putnam in which capacity I served until the summer following when I recieved [received] from General Washington
the appointment of Lieut. Col of Malcoms Regiment (one of the additional sixteen) that in the month of October 1778 my health being much impaired, I wrote to Genl. Washington requesting permission to resign, to which 
letter I recieved [received] the answer which is hereunto annexed. I did not avail myself of the indulgence offered of a furlough, but continued in the command of the regiment
(then in garrison) and in the month of November following I was appointed to the command of the lines and advanced posts in West chester County, on which duty I continued until the Spring following when I was compelled by the exhausted state of my health to request that some officer might be appointed to succeed me in the command and soon thereafter I wrote again to Genl Washington tendering a resignation or asking leave to resign for that the state of my health did not permit me longer to perform the duties of my station in active service, but pledging myself to obey his call whenever he
should require my services, to which letter I soon after recieved [received] the Generals answer, but after diligent search have not been able to find his letter nor copies of either 
of mine, if copies were kept; but his letter did not finally accept or refuse my resignation, and I considered myself

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liable to be called on; but I recieved [received] no further communication from him on this subject during the war, and after the
reduction of the army in 1780, not seeing my name in the list of officers retained, I considered myself as reduced and then, and not until then engaged in other avocations
prior to this however and I think in the summer or autumn of 1779 I was again in actual service having commanded the volunteers who opposed the landing of Tryon at New Haven, but this was not at the call of Genl. Washington nor were they continental troops.
I have at no time asked or recieved [received] any other emoluments for my military services than my stipulated pay in continental money according to my rank prior to October 1780.
New York 11 Feby. 1829
A Burr
City & County of New York Ss:  Before me Thomas Wills one of the Masters in Chancery in and for the State of New York in the City of New York personally appeared this day Richard Platt and Robert Troup of the said City & County Gentlemen who did severally make oath that Aaron Burr by whom the foregoing declaration is subscribed is known to them respectively to have been an officer in the army of the Revolution in manner as therein stated, and that it is generally reputed and
believed that he continued to be an officer in the continental line of the army of the Revolution until the new organization of the army in the month of October 1780.
And the said Richard Platt further seperately [separately] declared.  That some time in the latter part of the year 1779, or beginning of the year 1780, he understood and believes that General Washington said in conversation with several gentleman, that if Colonel Burr
would continue in the service he would give him a furlough & passport to any part of the world until he (Col. Burr) should regain his health.
Witness my hand at the City of New York

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this sixteenth day of February in the year of our Lord one thousand eight hundred and twenty nine.
Thos. Wills
Master in Chancery.

A
2.  Head Quarters Frederick 26 Oct 1778.
Dear Sir
I have your favor of the 24th.  You in my opinion carry your ideas of delicacy too far when you propose to drop your pay while the recovery of your health necessarily requires your absence from the service It is not customary, and it would be unjust.  You
therefore have leave to retire until your health is so far re-established as to enable you to do your duty 
Be pleased to give the Colonel notice of this that he may know where to call upon you should any unforeseen exigency require it.
I am Dear Sir
Yr. mo obt sevt.
Geo. Washington.
Lt. Col Burr.
3. Declaration supplementary to that which was made by me on the 11th day of Feby. 1829 and soon thereafter presented on my behalf to the then Secretary of the Treasury.
Having understood from the friend who presented my declaration and claim to the government, that my statement of a letter recieved [received] from General Washington
required explanation or the production of the letter my friend wrote to Mr. Sparks of Boston, who has the possession of the papers of the late General Washington who in reply transmitted a copy of the letter from General Washington to me dated the 3d day of April 1779. On leaving the lines at Westchester I went to the house of a friend in Bergen County New Jersey whence I wrote 
the letter dated 10th day of March 1779.
This letter was transmitted to Genl. Washington and I afterwards wrote to Genl. McDougall informing

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him what I had done, and soon thereafter recieved [received] from him a very affectionate letter strongly disapproving of my resignation, and saying that he would interfere with Genl. Washington, and prevent its being
accepted, but on the most strict search the letter from me to Genl. Washington was not found by Mr. Sparks which circumstance and the following to wit, that since my former application the perusal of a letter from Col. Platt to Col A Ogden written some years prior to the death of Col Platt have brought to my mind several circumstances not before recollected.
It is proper however here to premise that
when I had determined to go to Europe in 1807 I sent to my daughter then Mrs. Alston in South Carolina all my private papers which were deemed of value, carefully put up in boxes, to be kept until my return or further
orders, which papers were shipped to me on my return in 1812 in a vessel which has never since been heard of. The two letters from Genl. Washington were taken by me when I went to Europe, thinking that the signature of Genl. Washington might be a matter of curiosity 
to many persons in Europe, and I should most certainly have also taken with me the other letter if it had been then in my possession.
Among the lost papers was an extensive correspondence with Genl. McDougall - during the whole period of my command on the lines in Westchester County expresses passed between us at least three times a week, these letters had been carefully preserved, as well because they contained many interesting facts, as that those of Genl. Mc D. were also highly flattering to me personally.  And the letter from Col Platt to Col A Ogden before mentioned brings to my recollection the following circumstances. That before the reciept [receipt] of Genl. McDougalls letter I had recieved [received] that from Genl. Washington of which the copy received from Mr. Sparks is hereunto annexed, on the 
reciept [receipt] of McDougalls letter.  I wrote him in answer leaving at his discretion to arrange as he might think best with Genl. Washington and that I should accept

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his friendly invitation after I should have passed some short time with the Regiment then being at Harvestraw [Haverstraw]. I thereupon went immediately to Harvestraw [Haverstraw], and took the command of the Regiment and remained with it until it was ordered to Minisink to join the expedition under Sullivan against the Western Indians. My health not permitting me to take a part in active service, I took leave of them and visited Genl. McDougall agreeably to his invitation, and was there eight or ten days engaged principally in conversation respecting the defence [defense] of the lines and suggesting hints for instructions to the officer commanding there.
It is strongly impressed on my mind that McDougall informed me that he had got possession of my letter to Genl. Washington, and had also with the permission of Genl. Washington made application to the British General commanding at New York for a passport for me to any part of Europe and he urged me to remain until he should get an answer to that application, but apprehending that there might be considerable delay I preferred taking advantage of my furlough
to visit my friends in the East.  It was on this occasion that I as an officer of the line of the Continental army, took command of the Militia and volunteers who were met to oppose the landing of Governor Tryon at New Haven, as related in my claim formerly presented, although there were on the spot officers of a higher grade in the Militias, but all cheerfully submitted to my command.
New York February 5th 1833                                  A. Burr

4.  Supplementary declaration of Col A. Burr.
In addition to my former declaration which is hereunto annexed, I the subscriber do now ask leave to subjoin thereto the following supplementary matter, to wit.
     That I committed the annexed declaration to Colonel Aaron Ogden, to present it as my agent to the Secretary of

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the Treasury for allowance, and that I was informed by Colonel Ogden, that he presented the claim accordingly with the letter of General Washington to me therein referred to a copy of which is marked A and some difficulty having arisen for want of the answer to my 
second letter to General Washington therein referred to and that thereupon my said agent had asked leave to withdraw the above papers for the purpose of affording to me a further opportunity to find and add such letter to my said declaration, but that after the most diligent search I have not been able to find the said letter, but have reason to believe that it was transmitted by me to General Mcdougall.
     Understanding that Mr. Jared Sparks of Boston was in possession of copies of letters written by General Washington during the Revolutionary war, I wrote to Mr. Sparks requesting him to have the goodness to transmit to me copies of any letters he might find written to me by General Washington, or by me to him, and in answer recieved [received] from Mr. Sparks the copy of a letter
hereunto annexed marked B.
     And I do further declare that I did not think
it proper to enter into the settlement of my accounts with the United States at that time, and of course did not comply with the condition upon which my resignation was to have been accepted.                                                                             A. Burr.

5.   .B.                      Middle Brook Apl 3d. 1779
            Sir
                  I have to acknowledge your favor of the 10th ulto Perfectly satisfied that no consideration save a desire to reestablish your health could induce you to leave the service.  I cannot therefore withhold my concurrence.
                  But in giving permission to your retiring from the army I am not only to regret the loss of a good officer, but the cause which makes his resignation necessary.

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When it is convenient for you to transmit the
settlement of your public accounts it will recieve [receive] my final acceptance.
                                              I am &c
                                            Geo Washington.

b.  State of New York
County of Westchester} Ss:  I, John Odell of the County of Westchester do certify, that I served on the lines during the years 1778. and 1779. under the command of Col Aaron Burr, that he was so exhausted with the severity of the duty that in the latter end of March 1779 he was obliged to leave the post.
     That in the summer following Major Hull
being in the command of the lines. Genl. McDougall's quarters were at Peekskill, and being there on business with the General, I there met Col burr who at the moment I came in was conversing apart with a Captain whose
name I do not recollect, who had a command on the lines, Col Burr immediately called me to him, and mentioned to the Captain that there was no man in the country better acquainted with the duty on the lines than myself who had been in a confidential situation with him (Col Burr) during the whole time of his 
command there.
    Col Burr then proceeded to give instructions to the Captain, frequently turning to me and asking my opinion as to certain points, and as to the character of different individuals in the neighbourhood [neighborhood] of the lines.
     I further certify that I then understood from Co Platt who was an aid de camp to Genl McDougall and was present at the above conversation, that Col Burr was on furlough and was going in a day or two on a journey
eastward - Col Burr was then much emaciated and apparently very feeble.
     I further certify that I have read the supplementary declaration of Col Burr and verily believe the matters in the same set forth to be true as therein stated.
                                                                                          Dated

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Dated at Greensburgh  February 20th 1833
Taken and acknowledged
at Greensburgh 25th Beby 1833             
John Odell.
Before me I.H. Tompkins
                          Commissioner of deeds.

7.  I certify that I was with the Regiment called Malcoms during the year 1778 and ^[in the autumn of 1776] until June 1779.  Col Burr
then commanding the Regiment at the solicitation of Genl. Mcdougall took command of the lines at Westchester and returned to the Regiment about the last of March or the beginning of April 1779, and took command of the Regiment until it was ordered to Minisink to join the expedition under Sullivan, that Col Burr was then much emaciated and apparently very feeble.
     That the Regiment on its arrival at Minisink was incorporated with Col Spencers (another of the sixteen additional battalions) which had then its full complement of officers, and the officers of Malcoms Regiment had no command and of course were supernumeraries, and were told that if they were wanted they should be called on and that Congress would make some special provision for the officers of those battalions, which was afterwards done by the Resolutions of 10 of April and 3rd October 1780, but being determined to continue in service I accepted
the situation of assistant in the Quarter Master Generals department under Col Udney Hay in which I continued until the close of the War.
     And I further certify that I verily believe 
the facts contained in the supplementary declaration of Col Burr hereunto annexed to be true as therein stated.
                                                        
 Robt.  Hunter.

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8. State of New York
City and County of New York} Ss: I, Samuel Young of the County of Westchester in the State of New York, one of the Masters in Chancery in and for said state do certify
that I served on the American lines in said county under the command of Col Aaron Burr during the years 1778 and 1779, that Col Burr was so exhausted with the severity of the duty that some time early in the month of March
1779 he was obliged to leave the post.
That Col Burr before he left the lines advised Genl. McDougall that the Tories and Cow Boys were erecting a strong block house then nearly finished on the west bank of the Bronx River above Delanceys Mills which if not destroyed would enable them very much to annoy the peaceable inhabitants of that neighbourhood [neighborhood], and recommending by all means that it should be taken and burnt, this was early in March 1779, and a day or two before Col Burr took leave of us and retired from the  lines, being too much debilitated by excessive fatigue
and vigilance longer to support and perform the active duties of that station.
    That some two or three weeks after this Col Bur returned to his quarters (at the house of my father) and read in the presence of Major Hull and myself and several other of his confidential friends, a letter from Genl. McDougall intreating him (Col Burr) to return to the lines and to direct and superintend the capture and destruction of the Block House _ After reading the letter Col Burr handed it to Major Hull and it passed round the circle then present, and we all expressed very great
pleasure at the prospect of executing this important enterprize [enterprise] under his immediate command, and Col Burr promised us, that he would command us in person, and about two or three days thereafter, the enterprize [enterprise] was executed (under his immediate command) with complete success in the manner stated in my former narrative.
Saml. Young.

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Q. In regard to Col Burrs letter of resignation and the answer of Genl. Washington of 3d of April 1779.
Principles.
1st. Neither officer nor soldier, being duly sworn, can at pleasure put off his military obligations.
2d. That an officer more than a soldier, cannot be discharged from his military obligations, otherwise than by some competent authority.
3d. That a request to be discharged or have a resignation accepted, are but the incipient steps, and without consequence until such discharge be actually made out, or such offer to resign be actually and finally accepted.
4th That in the meantime, such officer and soldier remains liable to all the rules and articles of war, and entitled, if required, to all his pay and emoluments, and all other
benefits provided for other officers and soldiers of the army.
5th That it can be of no consequence whether or not an officer or soldier considered himself discharged from his military obligation, for his own notion on the subject can not possibly govern the case, either in regard to his
liabilities or his title to the benefits to result therefrom for if liable on the one hand, he may on every principle be entitled on the other.
6th The act of May 182 is for the relief of certain officers and soldiers of the army of the Revolution, and being a remedial act, it must be construed favourably [favorably] for the benefit of those who may apply for its benefits.

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State of New York
City and County of New York } Ss: on this 20th day
of May 1862, before me the subscriber, a judge
of the Court of Common Pleas in and for
the City and County of New York, personally
appeared Eliza B. Burr, who being
by me duly sworn doth depose and
say that she is eighty four years old
and upwards, and from infirmity, is
unable to attend in open court to 
make this deposition.
And this deponent doth further say
that she was lawfully married to
Colonel Aaron Burr, (deceased) at
her own residence, Haerlem Heights, 
in the 12th ward of said City,
on the evening of the first day
of July in the year 1833, by the
Reverend David S. Bogart, a
minister of the Gospel, of the Potestant
Reformed Dutch Church; that her
name before such marriage, was 
Eliza Brown Jumel, and that her
said husband, died at Port Richmond
on Staten Island, in the County of
Richmond and state of New York
on the 14th day of September 1836
leaving [her] surviving And this

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deponent doth further say that she
has not since his death intermarried
with any person, but has remained 
single and unmarried; that during 
the time of her marriage with the 
said Aaron Burr, he was in the 
receipt of a Pension from the
United States at the rate of six
hundred dollars per annum, and
which she believes continued until
his death
That as she is informed and
believes truly, the said David S. 
Bogart, died at the City of New York
in the year 139, but she annexes
hereto a certificate of her said marriage
with the said Aaron Burr; which
certificate is in the proper hand
writing of the said David S. Bogart
and states truly, the facts therein
setforth and certified to.
That  this deponent makes this
declaration to obtain the benefit of
any act of Congress in her case made
and provided.  Eliza B. Burr

Subscribed and sworn to before me at
the residence of said Eliza B Burr, 
in the 12th Ward of the City of New York
this 20th day of May 1862, she being too
infirm from age to attend in open court.

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to make such deposition.
Jno R. Brady
Judge of the Court of Common Pleas for
the City & County of New York

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January 19, 1909.

Hon. J.H. Baker
104 Parsons Street
Mankato, Minnesota

My Dear Mr. Baker:

I have the honor to acknowledge the receipt on the 14th instant of your communication of the 10th, relative to the pension received by the late Lieutenant-Colonel Aaron Burr, by reason of his military service during he war of the Revolution.

The records of this Bureau show that he was pensioned under the act of June 7, 1832, at the New York agency, under certificate number 28,698, issued May 15, 1834, at the rate of $600 per annum.  The file number of his claim is 12,827.

You asked for official information as to "the date of the allowance and the amount of the same per annum, and how much in all was paid him under that act of Congress, June 7, 1832", and in order that you might have reliable information relative to your inquiry I had all his papers on file in this Bureau drawn and find that the most material part of them are missing.  I find a memorandum as follows:

"Aaron Burr, act 1828, Revy war.
Let. dated in 1833 No 5662 of Treasy Dept now in Pension office, (Bound in book form) States that his application for a pension under above act was sent to a room in Treasy Dept to be copied & in this room a fire originated, which destroyed them.
His divorced widow applied for the pension, after Burr's decease, which was rejected, & no record made of the case, but about 1874 the widow's application containing his commission signed by General Washington & also a long letter in Washington's hand writing, was sent to Commissioner Baker & from him delivered to John Delano Chief Clerk of Interior Dept who gave it to his father C. Delano, Secretary of the Interior Dept. Afterwards John Delano said that the papers had been forwarded to the Patent Office."

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JHB-2

I then called upon the Auditor for the Interior Department, Treasury Department, Washington, D.C., for such information as his records might contain in regard to the matter. His reply is herewith inclosed (enclosed) by which it appears he was pensioned at the rate of $600 per year from March 4, 1831, to September 4, 1836. The total amount was $3300.

Th original papers in the claim of Mr. Burr were taken from the files of this Bureau and have never been returned, and it has been impossible to ascertain where they are, if they are still in existence. 

I gather from your letter that you have a copy of some, if not all, of the papers in your possession, and I will be pleased if you will kindly furnish me a copy of the same to be placed among the files of this Bureau.

Your complimentary words person to myself and my administration of the Pension Bureau are highly appreciated.

Very truly yours,

(signature) V Warner
Commissioner.

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Aaron Burr, act 128, Revy War
Set dated in 133 no 5662 of Treasy
Dept. now in Pension Office, (bound in
book form) states that his application for a 
pension under above act was sent to a room
in Treasy Dept to be copied & in this room
a fire originated, which destroyed them 
His divorced widow applied for the
pension, after Burr's decease, which was 
rejected, & no record made of the case, but
about 1874 the widow's application
containing his commission signed by General 
Washington & also a long letter in Washington
handwriting, was sent to commissioner Baker
& from him delivered to John Delano chief
clerk of Interior Dept who gave it to his
father C. Delano, Secretary of the Interior
Dept _ Afterwards John Delano said
that the papers had been forwarded to
the Patent Office-
The above information from Doctor
Carpenter who found above papers in
some rubbish & was a clerk in Pension Office
Feby 7 1882_______ J N Brior clerk

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The original papers of Aaron Burr for a pension Certf. 28.698 - are missing. His alleged Widow Eliza B (formerly Jumel) made application 1861-2 (act 1853) which case was appealed to Secretary of the Interior - Subsequently her case carried to Congress. The appeal made July 18, 1862 (Rejected on account of the Divorce)

There is no date to the report of the House Committee but the Resol on motion of Mr. Duell is dated Dec 23, 1862 which quthorized the transmission of the report & accompanying papers to the Secretary of the Interior who Jany 28 1863 forwarded them to Commissioner of Pensions & the Committee thro' E Egerton (probably clerk of House) requested their return on feby 3, 1863

Among the papers should be an original letter of Genl Washington besides copies of other letters furnished by Mr. Spark, author of the life of Washington  probably original or copies of letter of Col Burr & Gen McDougal under when Burr Comd.  It was reported that some of the above documents were lodged in the Patent C{illegible} not to be found there (Se

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1-038a

INCLOSURE   3281

FROM

DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY

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(New York Tribune newspaper clipping}

AARON BURR PAPERS

An Application for a Pension dated 1834, Possibly to Be Exhibited at the National Museum

(From the New York Tribune)

The Secretary of the Interior has sent to Secretary Alcott of the Smithsonian Institution a letter suggesting that the application of Aaron Burr for a pension be placed in {t}he National Museum rather than be held in the Bureau of Pensions.
The application is in a fine state of preservation. The writing is as legible as if written a month ago and the paper is still intact.  The signature of the applicant is modestly placed in the lower right-hand corner and reads "A. Burr."  
There are four pages of the application, which is dated in 1834 and is closely written on both sides of legal size paper. Therein is set forth that Colonel Burr, the applicant, is seventy-eight years old, and that he enlisted in 1775 at the age of eighteen years. It is further recited that the applicants' first important expedition was with General Arnold on the campaign into Canada. At that time he was aid to General Montgomery, who was killed in the attack on Quebec.
Young Burr's next assignment was as aide to General Arnold, who was in command of the invading army at that time. Later he was aide to General Putnam, and "was present at the battles of Long Island and White Plains."
The papers further state that Burr was made lieutenant colonel by General Washington; that his health became impaired and that he made several attempts to resign on that account, and his resignation was accepted conditionally and with protest by General Washington; but before it took effect Colonel Burr was persuaded to undertake the destruction of a British blockhouse on the Bronx River, which he accomplished most successfully, and was then persuaded to forego his intention to resign and continued in active service until 1781. 
Among other papers in the file is a copy of a letter to Colonel Burr from George Washington, dated "July Headquarters, Frederick, 26 October, 1778." The substance of this letter is found in the following quotation:
"you, in my opinion, carry your ideas of delicacy too far when you propose to drop your pay while the recovery of your health necessarily requires your absence from the service. It is not customary, and it will be unjust. You, therefore, have leave to retire until our health is so far reestablished as to enable you to do your duty."

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Mr Chase
Charge this case to the Old W & N D and send to there.

JMW A{illegible}
June 26 th

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Aaron Burr

{stamp} 
To C{illegible} ----Revolution Sec------- Div.
Action ------File In 
Jan 13 1914
Commissioner.

proper place

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Hon: William Helmick
Actg Comm of Pensions
2 October 1803.
________________

Refers letter of Hon: Richard W. Thompson, making inquiry as to the condition of the claim of Mrs. Aaron Burr for revolutionary pension.


{stamp}
Department of the 
Oct 2 1868
Interior

Whiting.

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3-871.

RECORD DIVISION
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.

Briefed by A.o.r  Jany 14, 1909
Claim No. [blank]
Certificate No. [blank]
Claimant [blank]
Soldier Aaron Burr
Service [blank]
Additional Service [blank]
No___claim, State records___, 190__
No claim,, combination records_____,190__


REMARKS:
No Invalid claim on record.  The Agency Record N. Y. Act 1832 shows pension Ctf. 28698 was allowed at $600.00
Rej 1487 & 12837  Lt Col.
Ctf issued May 15, 1834

D-8    Chief Division

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Aaron Burr
widow of
Memorial & papers
of Mrs Eliza B. Burr.  asking for a pension

December 15, 1862
to Committee on Revolutionary Claims.

Mr. Duell

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12837

Eliza B. Burr
widow of 
Col. Aaron Burr
New York

Feb 5 1863  Ref. to Com.
on Revolutionary Claims
Papers
REJECTED [stamped]
See opinion of the 
Attorney General
Nov 6" 1863 

Rejected
Feb 3d 1863
See original packet

Page 27

[newspaper article no date]

BURR ASKED PENSION
His Application Is Offered to National Museum
SAW SERVICE WITH ARNOLD

Entered Canadian Campaign as Aid to Gen. Montgomery, Who Died at Quebec. Joined Army in 1775, When 18 years Old--Washington Protested Against His Resigning.
________
Secretary of the Interior Lane yesterday offered the written application Aaron Burr made for pension to the National Museum.  He wrote to Charles D. Walcott, secretary of the Smithsonian Institution, in charge of the museum, saying that the application should be on public view, instead of in the files of the bureau of pension, where it has been since 1834.  There are four pages to the application, and it is in as good a state of preservation as if it had been written a month ago.

Recites His Army Career.
Mr Burr wrote on both sides of the paper, which is legal size, setting forth that he quit the army with the rank of colonel; that he enlisted in the army in 1775, when 18 years old, and that at the time of application was 78.  He recites that this first important expedition was with Gen.
Benedict Arnold on the campaign into Canada.
At that time he was aid to Gen. Montgomery, who was killed in the attack on Quebec.  Later he was aid to Gen. Putnam, and was "present at the battles of Long Island and White Plains."


Washington Made a Protest.
It is further recited that Mr. Burr was made lieutenant colonel by Gen. Washington;  that his health became impaired, and that he made several attempts to resign on that account, and his resignation was accepted conditionally, and with a protest by Gen. Washington.  Before the resignation took effect , the application says, Col. Burr was persuaded to undertake the destruction of a British blockhouse on the Bronx River, which he accomplished, and then was persuaded to delay his resignation until 1781.  The signature is modestly placed in the right-hand corner of the application, and reads "A. Burr."

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House of Reps
Feb 3d 1863

Hon Jos H. Barrett

A majority of the Committee on Rev Claims have authorized me to request that you will return to me the papers in the case of Eliza B Burr

Respt yours
S. Edgerton

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[Handwritten]

Washington City D C
8th June 186[?]

Hon. J. H Barrett.
Comr. of Pensions

Sir
 
[A few words seem  to be missing from these lines. They do not seem truncated. It seems that the writer has skipped them.]

I am the receipt of yr
of the 6th inst in the Case of Mrs Burr
widow of the late Aaron Burr
late a Pensioner of the U. States.

It would seem that as
pentous [pentious] life of Burr is [illegible]
upon for the statement of one fact
that is but fair that the same
authority should be relied upon
another fact in the same
connection. Your letter alleges
the Commencement of suit for
Divorce in some Court in N. Y.
& asks the record in the Case

I am not advised of what
Court any proceedings may have
been instituted nor do I know
where to go or how to get the record

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[Handwritten]

asked for in the case.

Is not this asking more
than is possible for me to do?

I trust that this request
will not be insisted upon
in the face of the historical
facts refered [referred] to in your
letter.

I am yours &
Vy Respy [sic]

S A Peugh

Page 31

Hon J P Usher
Acting Sect

Page 32

[Printed]
Department of the Interior
Washington

[Handwritten]

8th  Jany., 1863

Dear Sir.

On the 27th [illegible]
Mr. Secy.. Smith admitted
the case of Mrs Burr to pension
& sent the papers to the Comr.
of Pensions for the issue of
the proper Certificate

Mr. Barrett after several
interviews with him still
withholds the Certificate &
as I learn has taken the
papers to the Acting Secy.
doubtless for the purpose of
getting him to sustain
him (the Comr.) in withholding
its issue or to reverse
the decision of Mr Secy.. Smith.
I beg that the 
Certificate may be ordered
to issue

I am yours &
S. A. Peugh

Page 33

(3-224.)

No. 12,837
Revy, Ex'r.
REJECTED [stamped]
cw [handwritten initials]

OLD WAR WIDOW.
Eliza B. Burr
Widow of
Col. Aaron Burr
New York

Died at Post Richmond, S.I.N.Y.
Sept 14, 1836

______other claim.

Rejected File No 12837
______,18       Rev. War.
Clerk.

Application filed:  May 29", 1862
Attorney:  [blank]
P.O.   [blank]

Page 34

1909 Jan. 19. Letter to Hon
J. H. Baker by comm of Peace
giving data asked for 
and requesting copies of
the papers that Mr Baker
has.  see copy of said
letter in claim

Page 35

It is here by certified that on Monday evening July 1st 1833,
at the residence of Mrs Jumel, at Harlem Heights, a marriage was solemnized, Between Aaron Burr of the City and County of New York and Eliza Brown, widow of Stephen Jumel, of the 12th Ward of the City of New  York, in the presence of Nelson Chase and Mary J. Chase, both of the 12th Ward of the City aforesaid, by David S Bogart, Minister of the Gospel___

Page 36

Extracts from Parton's Life of Burr
At the time appointed he drove out in his gig to 
the lady's country residence accompanied by
Dr. Bogart, the very clergyman who just
fifty years before had married him to the
mother of Theodosia.  The lady was embarrassed
& still refused - But then the scandal.  And
after all why not?  Her estate needed a
vigilent [vigilant] guardian & the old house was lovely.  After much hesitation, she at
length she consented to be dressed & to recieve [receive] her visitors.  And she was married.  The ceremony was witnessed only by the members of Madame Jumel's family, and by the eight servants of the family who peered
large in at the doors & windows
The little party was a merry one.  The parson in
particular it is remembered was in the 
highest spirits overflowing with humor & anecdote.  Parton's Life of Burr page 663-4
what is strangest of all is that the lady
though she never saw her husband

Page 37

during the last two years of his life
cherished no ill will towards him and
shed tears at his death.  To this hour
Madame Jumel thinks and speaks of him
with kindness attributing what was
wrong or [illegible] in his conduct to the 
infirmities of age.
A few short weeks of happiness followed
by a few months of alternate estrangement & reconciliation & this union that began
not inauspiciously was in effect,
though not in law, dissolved.
page 665
She filed a Bill of Complaint accusing him
of infidelity & praying that he might
have no more control in her affairs.
At first he answered the complaint
vigorously, but afterward, he allowed it to 
go by default & the proceedings were 
carried no further.

Page 38

Washington DC
25 Augt.. 1864
Hon CB Smith
Secy [illegible]
Sir
Since filing 
the case of the widow of Col
Burr (before you) I find that
Mr. Secretary McClelland 
[reversed] his decision in the
case of Mrs. Radeel Mowry
in the Bounty land case of
Ann Sanders on the     Augt.
1855 when his decision in 
the Mowry case was in 1853.
I beg to present this in 
addition to the papers [illegible]
Yours
S A Peugh

Page 39

1-127  Transfer Case [handwritten]

[typed document]

State of New York
City and County of New York:

On this fifth - day of April in the year of our Lord one thousand eight hundred and thirty four 
personally appeared before me Richard Riker Recorder of the City of New York and Judge of the Court of General Sessions of the Peace in said City Aaron Burr's resident of the City and County of New York aged seventy eight years (who by reason of bodily infirmity being unable to appear in Court) being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed June 7th 1832.

That at Elizabeth Town in the State of New Jersey in the month of June one thousand seven hundred and seventy five this declarant then aged eighteen years volunteered to join the Continental army at Cambridge in the State of Massachusetts , and carried there with all reasonable expedition.

Declarant remained at Cambridge as a Volunteer in such army until some time in the month of September following when he joined the detachment under Genl. Arnold as a volunteer and marched with him to Canada by way of the Kennebeck River, on arriving among the first inhabitants on the River Chaudiero declarant was charged by Genl. Arnold with a secret message to General Montgomery which was executed according to orders and in the month of December following General Montgomery appointed declarant his Aid de camp in which situation declarant served until the attack on Quebec on the night of the thirty first day of December

Page 40

[typed document]

-2-

one thousand seven hundred and seventy five, in which attack General Montgomery, and the fellow aid of deponent was slain.

After the death of Genl. Montgomery, General Arnold who succeeded to the command required the services of declarant in the performance of the same duties, and to the best of declarants recollection in May one thousand seven hundred and seventy six the army retreated by way of Montreal to the river Sorel, it having been previously determined that the army should return to the United States.

This declarant forthwith returned to the City of New York and reported himself to General Washington, and was immediately thereafter appointed aid de camp to General Putnam, in which capacity declarant was present at the battels [sic] of Long Island and White Plains, and crossed with him the Hudson River to Stoney Point, and accompanied him in the retreat of the Continental Army through New Jersey into Pennsylvania from which General Putnams division returned to Crosswich in the State of New Jersey and after the battle of Princeton in January one thousand seven hundred and seventy seven marched to Princeton where the division of General Putnam remained for two or three months, and were then ordered to Peekskill on the Hudson River,
declarant during all this period doing the duty of aid de camp as aforesaid.

At Peekskill declarant received from General Washington the appointment of Lieutenant Colonel of Colonel Malcom's Regiment (one of the sixteen additional battalions) which appointment dated the twenty seventh day of June one

Page 41

[type written document]

-3-

Thousand seven hundred and seventy seven is hereto annexed.  Shortly thereafter declarant joined the Regiment at Rampough Close on the west side of the Hudson River from whence on or about the first day of October one thousand seven hundred and seventy seven, the Regiment, under the command of declarant , marched for the River Delaware crossed it at Carvells Ferry, and was incorporated into Lord Stirlings division, and continued under the command of General Washington in all his movements until the battle of Monmouth in the month of June one thousand seven hundred and seventy eight at which battle the clarinet had the command of a Brigade, the Regiment (called Malcoms) were then ordered to West Point where they remained in Garrison under the command of declarant, and in October one thousand seven hundred and seventy eight declarants health being much impaired he wrote to General Washington for leave to resign, which was refused, but leave was granted declarant to retire until his health should be so far reestablished as to enable him to do his duty a copy of which letter is hereto annexed, of this permission declarant did not then avail himself, but continued in command of the Regiment, which in the month of December following was ordered to Harverstraw, the advance post of the army on the west side of the Hudson River, at which place and very soon thereafter declarant was appointed to the command of the lines and advance posts in Westchester County which command he immediately accepted (although in an impaired state of health) and continued in such command until the month of March one thousand seven hundred and seventy nine when declarant became so exhausted by fatigue and his

Page 42

[typed document]

-4-

health again so impaired, that he requested General McDougall (then commanding) to appoint another officer to perform the service, which being done, declarant again wrote to General Washington requesting permission to resign, and then returned to his Regiment at Harverstraw, where he received an answer to his said letter dated the third day of April one thousand seven hundred and seventy nine, in which General Washington stated among other things that when declarant should find it convenient to transmit the settlement of his public accounts it would recieve [sic] his (General Washington) final acceptance.

Shortly thereafter declarant received from General McDougall a letter entreating declarant to return to the lines at Westchester and superintend the capture and destruction of a Block House then lately erected by the Tories on the west bank of the Bronx River near Delanceys Mills, which duty declarant undertook, and in a few days thereafter executed with complete success, and at the earnest request of General McDougall that declarant would not pursue his purpose to resign, declarant did not see proper to go on and fulfill the condition on which General Washington had agreed to the final acceptance of his commission.

Declarant thereupon returned to Harverstraw and resumed the command of the Regiment, in which command he continued until the regiment was ordered to Minidink to join the expedition under General Sullivan and declarants health not permitting him to accompany the Regiment he at the solicitation of General McDougall visited him at Packskill and remained with him some days conversing on the state of the country,

Page 43

[typed document]

-5-

and giving instructions for the best means of defense on the lines after which declarant availed himself of the permission contained in General Washingtons letter of the twenty sixth day of October one thousand seven hundred and seventy eight to travel for the benefit of his health, and in the month of July one thousand seven hundred and seventy nine declarant commanded the troops collected to oppose the landing of Tryon at New Haven.

The Regiment called Malcom's of which this declarant was Lieutenant Colonel commandant was at Minidink [Minisink] and about the twentieth day of May one thousand seven hundred and seventy nine incorporated with Colonel Spencers (another of the sixteen additional battalions) by order of General Washington, by means of which declarant became supernumerary and declarant continued to hold himself in readiness to obey any order from the Commander in Chief until the beginning of the year one thousand seven hundred and eighty one when declarant became a reducted [reduced] officer by the Resolves of Congress of the third and twenty first days of October preceding, and then and not until then engaged in other avocations. - He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll, of any agency in any State.
A. Burr

R. Riker,
Recorder of the City of New York

Page 44

[typed document]

Head Quarters Frederick 26" Oct 1778.

Dear Sir

I have your favor of the 24".  You in my opinion carry your ideas of delicacy too far, when you propose to drop you pay while the recovery of your health necessarily requires your absence from the service.  It is not customary, and it would be unjust - Your therefore have leave to retire until your health is so far re-established as to enable you to do your duty.

Be pleased to give the Colonel notice of this
that he may know where to call upon you should any unforeseen exigency require it.

I am Dear Sir
Your mo. obt. servt.
Geo Washington.

Lt. Col Burr

Page 45

[typed document]

State of New York
City and County of New York:

We David S Bogart a Clergyman residing in the City of New York and Robert Hunter residing in said City of New York do hereby certify that we are well acquainted with Col. Aaron Burr who has subscribed and sworn to the above declaration; that we believe him to be seventy eight years of age that he is reputed and believed in the neighbourhood where he resides to have been an officer of the Revolution; and that we concur in that opinion.

David S. Bogart
Rob Hunter

Sworn to and subscribed
the day and year aforesaid:
R. Riker
Recorder of the City of New York.


State of New York
City and County of New York:

Be it Remembered That I the said Richard Riker Recorder of the City of New York, and Judge of the Court of General Sessions of the Peace in and for the City and County of New York do hereby declare my opinion that the above named applicant was a Revolutionary officer and served as he stated, and that by reason of bodily infirmity he is unable to attend the Court.  
And I further certify that David S. Bogart who has signed the preceding certificate is a Clergyman residing in the City of New York, and that Robert Hunter who has also signed the same is a resident of said City of New York and is a credible person and that their statement is entitled to credit.

R. Riker 
Recorder of the City of New York.

Page 46

State of New York
City and County of New York

I Henry Meige Clerk of the Court of General Sessions of the Peace, and of the Court of Oyer 
and Terminer in and for the City and County of New York do hereby certify that Richard Riker whose signature is above written was on the day of the date hereof Recorded of the City of New York a Judge of the Court of General Sessions of the Peace in and for the City and County of New York, and a magistrate duly authorized to administer oaths in the City, County and State of New York, that I am well acquainted with the hand writing of the said Richard River and believe that the above signature purporting to be made by him to be his genuine signature.

And I further certify that the foregoing contains the original proceedings had before the said Richard Riker in the matter of the application of Aaron Burr for a pension.

SEAL

In testimony whereof I have hereto set my hand and affixed the seal of the said Court of General Sessions of the Peace and  of the Oyer and Terminer of the City and County of New York  this fifth -- day of April in the year of our Lord one thousand eight hundred and thirty four.

Henry Meige.

Page 47

In the matter of the application
of Eliza B. Burr,
widow of Colonel Aaron 
Burr, deceased, for
a Pension--
___________
Power of Attorney of
applicant
To
Samuel A. Pugh, to
prosecute claim for
Pension for her?

[stamp]
DEPARTMENT 
OF THE 
INTERIOR
JUNE 4 [illegible]
PENSION OFFICE
[/stamp]

Page 48

[printed document with fill ins]

State of New York, }
City and County of New York, }  ss.

HENRY W. GENET, Clerk of the City and County of New-York, and also Clerk  of the Supreme Court of the said City and County, the same being a Court of Record, DO HEREBY CERTIFY, THAT H. M. Whitehead
whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgment, a Notary Public, in and for the State of New-York dwelling in the said City, commissioned and sworn, and duly authorized to take the same.  And further, that I am well acquainted with the hand-writing of such Notary Public, and verily believe that the signature to the said certificate of proof or acknowledgment is genuine.

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal o the said Court and County, the 3 day of June, 1862.

Page 49

in & who executed the foregoing instrument & acknowledged to me that she executed the same
H. M. Whitehead [signature]
Notary Public
for the State of New York
residing in the City of New York

Page 50

State of New York
City and County of New York ss.;

Know all men by these presents, that I, Eliza B. Burr, of Harlem Heights in the Twelfth Ward of the City of New York, widow of Colonel Aaron Burr, deceased, do hereby authorize and emplower Samuel A. Pugh, of the City of Washington in the District of Colombia, for me and in  my name, to prosecute my claim to a Pension from the government of the United States of America; but reserving to myself, the right to receive and draw the money from said government , when recovered

In Testimony whereof, I the said Eliza B. Burr, have hereunto set my hand and seal this third day of June in the year of our Lord one thousand eight hundred and Sixty two
Eliza B Burr

Signed, Sealed and delivered in the presence of H. M. Whitehead of the City of New York Attorney at Law

Nelson Chase
Attorney at Law of the City of New York

City County & State of New York  This certifies that on the third day of June 1862 before one personally came Eliza B Burr to me known to be the same person described

Page 51

Facts

1. General Washintons letter of October 1778. shows that Col Burr on account of his loss of health, and his consequent inability to perform military duties, tendered his resignation, whereupon the General gave him leave to retire until his health might be restored.

2.  General Washinton's letter of the 3d April 1779, shews that Col Burr on the 10th of the preceding month, had tendered, a second time, his resignation for the same reason, and that the general with expressions of regret, for the loss of so good an officer and for such a cause agreed to accept the resignation finally, when Col Burr, according to his convenience should have settled his army accounts.

3.  In October in the following year, the officers of the sixteen additional battalions were deranged; and in the mean time nothing had been done towards the confirmation of the incipient steps which had been taken to procure for Col Burr a discharge from the service, either by a settlement of the accounts of Col Burr, or in any other way; and he, during all this time remained liable to the rules and articles of war and of course was entitled to all the benefits resulting from such relationship.

4.  If it be necessary to shew [sic] that Col Burr continued in actual service, after it may be presumed that he recieved [sic] General Washingtons letter of 3d April 1779, or of accounting why he was not in actual service after this period; it may be remarked.

5.  It appears that Col Burr was in the actual command of Malcoms Regiment until it marched o the western expedition which according to Judge Anderson's certificate and Marshalls History vol 4 page [blank] was in May 1779. 

6.  Why Col Burr did not march with his regiment may be well accounted for otherwise than be presuming that he considered himself out of service, he was so feeble and exhausted by the

Page 52

preceding arduous and fatiguing winter campaign, that it was not then in his power to undertake an Indian expedition.

7.  He would not afterward join his Regiment, because after it had been marched as far as Minidink in New Jersey, the men of Col Malcoms were incorporated with Col Spencers regiment and broken up, and so Col Burr was left without a command, and there was no command for him afterwards in his regiment.

8.  Until Col Burrs resignation should be finally accepted, he had a perfect right, from a restoration of health or any other circumstance, to change his purpose; which change was manifested by his not proceeding to the settlement of his accounts, and by his assuming the command at New Haven at the time for Gov. Tryon, invasion in July 1779.

9.  It is perfectly manifest that Col Burr was in law and in fact a Lieutenant Colonel in the line of the army of the United States; and the conclusion is equally plain that he cannot be divested of the benefits of the act of May 1828, unless it can be shewn if at he had been discharged from the service previous to the 3d or 20" October 1780.

10.  Revolutionary Claims [underlined]
Under the act, entitled, "An act for the relief of certain surviving officers and Soldiers of the Army of the Revolution" approved 15 May 1828_____
Treasury Department   18 March 1833.

Sir
The claim of Aaron Burr under the above mentioned act has been examined.  The act provides for no other officers than this who were entitled to half pay for life under the resolve of Congress of the 21st October 1780.
Under that resolve there were to classes of

Page 53

officers entitled. _ First, those who served to the end of the 
war.  I considered this branch of the Resolution as requiring 
actual service; and therefore that Col Burr is not embraced.
There is no evidence that he actually served in any capacity
after the reciept [receipt] of Genl. Washingtons letter of the 3d April in
answer to his resignation.
As a reduced officer Col Burr being a senior officer could
be reduced only by his own agreement to permit a junior officer
to take his place.  Of such an agreement he must have a knowledge if it took place; and his statement seems to negative the
fact; - he presuming only that he was reduced from not seeing
his name among the officers retained; as subsequently published.
The probability is, that, at the time his regiment was reduced,
if reduced under the resolve of the 21st October 1780, he was understood to have resigned, or retired from service.
This regiment if reduced under the resolve of the 21st October
1780, was reduced by the Commander in Chief Genl. Washington,
who had no authority to reduce Col Burr without his agreement, unless he had resigned.  In reducing him, therefore,
without such agreement, the Commander in Chief must have
treated his letter as an acceptance, and must have considered Col Burr as having virtually resigned.
If this regiment was reduced under the resolve of the 3d.
October 1780 and Col Burr was reduced with it, he was only
entitled to seven years half pay, and is not provided for by
the act of 15 May 1828.
Under these circumstances I do not feel authorized, 
without further proof upon these points, and of actual
service after the reciept [receipt] of Genl. Washington's letter to
place Col Burr on the pay list.
I am, sir, very respectfully 
your obedient servant.
Louis McLane
Secretary of the Treasury

Col Aaron Ogden.

Page 54

11.  Revolutionary Claims.
Under the act, entitled "An act for the relief of certain surviving
officers and soldiers of the Army of the Revolution". adopted
15 May 1828.

Treasury Department
5 April 1833.
Sir
In answer to your letter of the 30th ulto. I have to inform
you that the papers relative to the claim of Col Burr, under the 
above mentioned act, of which you wished a copy, were at the
time of the burning of the Treasury in the room in which the
fire originated, where they had been sent to be copied, and
were consequently destroyed; they are the only papers relative
to revolutionary claims that were burnt.
I am very repectfully
Your obdt. servt.
Louis McLane
Secretary of the Treasury

Col Aaron Ogden
Jersey City, N.J.

mem as to narrative & andersons certificate.

Page 55

Col Aaron Burr
N.J.

This paper found in room
No. 108 in looking over a mass of
old papers
Octr. 22/57                 A.H.A.
See Letters No. 5648&5662
Sus 15th May 1828

Page 56

In the matter of the
application
of 
Eliza B. Burr,
widow of Colonel
Aaron Burr, deceased
to be allowed a
Pension, under the
laws of Congress.
Sworn declaration
of the widow together 
with other depositions
and papers, sustaining
the application.
[stamp 
DEPARTMENT 
OF THE 
INTERIOR
May 29 18 [Year illegible]
PENSION OFFICE

Page 57

State of New York
City and County of New York ss:

I Nathaniel Jarvis Jr. Clerk of the Court of Common Pleas for the City and County of New York, do hereby certify that John R Brady whose name is subscribed to the preceding depositions of Eliza B Burr William C Wetmore and Nelson Chase respectively, and was, at the respective dates and times were sworn and taken before him, and at the date of said certificate a Judge, of the said Court of Common Pleas for the City and County of New York, duly elected and sworn and that full faith and credit are due to his official acts, and that the several and respective Signatures of the said Judge to the said several depositions, and to said certificate are genuine.

In attestation whereof I have set my hand and affixed the seal of the said Court, at the City Hall in the City of New York this twenty sixth day of May AD 1862.

Nath Jarvis Jr.  Clk

[image of seal]

Page 58

State of New York
City and County of NewFork ss;

on this 21st day of May 1862, before me the subscribed, a judge of the Court of Common Pleas in and for the City and County of New Fork, personally appeared Nelson Chase, a resident of said City, Attorney at Law, and made oath in due form of law that he is well acquainted with Mrs Eliza B. Burr, who was the wife of the late Colonel Aaron Burr (deceased).
This deponent became acquainted with the said Eliza B Burr, in the year 1831, whose name was then Eliza B. Jumel she being at that time, the wife of Stephen Jumel, who died at the City of New York on the 22d  day of May 1832.
In the month of January 1832, this deponent married a Niece of the said Eliza B Burr, and in the month of March 1832, took up his residence in the family of the said Eliza B. Burr, and has know her personally and intimately since the year 1832 to the present time, having been a member of her household,

Page 59

and residing with her most of the time since the year 1832.
Deponent also became personally acquainted with the said Colonel Aaron Burr, formerly of the City of New York, deceased, in the year 1832, and knew him intimately from that time, until his death, which occurred at Port Richmond, on Staten Island, in the County of Richmond and State of New York September 14th 1836.
This deponent was present when a marriage was solemnized between the said Aaron Burr and the said Eliza B. Burr, who was then the widow of the said Stephen Jumel deceased, that said marriage was solemnized on the evening of July 1st 1833, at the residence of the said Mrs Jumel, at Harlem Heights in the 12th Ward of the City of New York, by the Reverend David S. Bogart a Minister of the Gospel, of the Protestant Reformed Dutch Church, in the presence of this deponent and his wife Mary J. Chase, both of whom being members of the family of the said Eliza B. Jumel at the time of her said marriage with the said

Page 60

Aaron Burr, and this deponent and his said wife stood for the said parties at the time of their said marriage.
This deponent doth further say that at the time of the said marriage, the said David S. Bogart, resided at number Forty-eight Hudson Street in the City of New York, but is now dead, having died in said City, in the month of July 1839, and this deponent's said wife, Mary J. Chase, is also deceased, having departed this life, in said City, in the month of May 1843.
That this deponent's acquaintance with the said Eliza B. Burr, has been very intimate since the death of the said Aaron Burr, having resided with her as a member of her household, 1st of the time since his death; that the said Eliza B. Burr, has not intermarried with any person since the death of the said Aaron Burr.
That the said Aaron Burr, at the time of his death, was in the receipt of a Pension from the government of the United States at the rate

Page 61

of Six hundred dollars per annum, and was at time time of his death, on the Pension Roll of this state, at the above rate of Pension per annum.
And this deponent doth further say that Eliza B. Burr, whose name is subscribed to the foregoing deposition taken and sworn before the Honorable John R Brady, a judge of the Court of Common Pleas in and for the City and County of New York, on the 20th day of May 1862, is the same person whom deponent saw married to the said Aaron Burr, as herein before stated, and her said deposition was so subscribed and sworn to by her before the said Judge in the presence of this deponent.

Nelson Chase,
subscribed and sworn to  before me in open court at the City Hall in the City of New York this 21st day of May A D 1862

Jn^o. R. Brady
Judge of the Common Pleas for the City & County of New York

Page 62

State of New York
City and County of New York ss; 

On this 22d day of May 1862, before me the subscriber, a judge of the Court of Common Pleas in and for the City and County of New York, personally appeared, William C Wetmore, a resident of said City, Counsellor at Law, and made oath in due form of law, that he was well acquainted with Mrs Eliza B Burr, who resides at Haerlem [Harlem] Heights in the 12th Ward of said City, and who was the wife of the late Colonel Aaron Burr, formerly of said City, deceased.  That he the deponent became acquainted with her some time in the year 1827, at which time she was the wife of Stephen Jumel, who died at said City, in 1832, according to the best of recollection and belief.
That when deponent became acquainted with her in the year 1827, he was employed by her as her legal advisor in respect to her personal affairs, and his acquaintance with, and knowledge of her, have continued from the time he so became employed by her in 1827, to the present time,

Page 63

deponent having been consulted with by her frequently during that period, about her business and family affairs.
This deponent was also personally acquainted with the said Colonel Aaron Burr, in his life time, who died some time in the year 1836.
That some time in the early part of the summer of the year 1833, the said Eliza B Jumel, who was then the widow of the said Stephen Jumel
deceased, called upon this deponent to consult him upon the subject of a proposed marriage between herself and the said Aaron Burr.
That the month of August or September 1833, the said Eliza B Burr and Aaron Burr both called at the office of this deponent in Franklin Square
in said City and informed this deponent that they had been married in the month of the then previous July, the fact of which marriage, was the common public notoriety in the City of New York at the time when it occurred in the

Page 64

early part of the month of July in the year 1833.
And this deponent other further say that  since the death of the said Aaron Burr, he has been constantly and frequently consulted with by the said Eliza B Burr, as her legal adviser and personal friend, in relation to her personal and family affairs, and in relations to the drawing of her las Will and Testament, and from his confidential relations with her, he is certain that she has not intermarried with any person since the death of said Aaron Burr, but has remained sole and unmarried.
And deponent doth further say that he is well acquainted with the hand writing of the said Eliza B Burr, having frequently seen her write, and he says that the signature "Eliza B. Burr", to the deposition hereunto prefixed, taken before John R. Brady, a Judge of the Court of Common Pleas in and for the City and County of New York on the 20th day of May in the year of our Lord one thousand

Page 65

eight hundred and sixty two, is in the proper hand writing of the said Eliza B. Burr.
W C Wetmore

subscribed and duly affirmed before me in open court at the City Hall in the City of New York on the 22d day of May AD 1862.

Jno R Brady
Judge of the Court of Common Pleas for the City of New York

Page 66

[Handwritten. The first two lines contain the ends of words running over from a left-hand page.]

[Missing text] [Sta]te of New York
[Missing text] [C]ity and County of New York ss;  I, John R. Brady, a Judge of the Court of
Common Pleas in and for the City
and County of New York Do hereby
certify that William C. Wetmore
and Nelson Chase, personally
appeared before me in open Court
at the City Hall in the City of
New York and severally subscribed
before me, their respective depositions
which are hereunto prefixed, and
they severally made oath before me
according to law, that the matters
written in their said respective
depositions are true.

I do further certify that
the said William C. Wetmore
and Nelson Chase are both
personally and well known to me,
and have been for [illegible word] many
Years, and I belive [believe] them to be
credible Witnesses and entitled to
belief -

In Testimony whereof, I have
hereunto subscribed my name
at the City Hall in the City of
New York this 26th day of May
A. D. 1862.

Jno. R. Brady
Juge [Judge] of the Court of Common Pleas for
the City & County of New York.

Page 67

[Handwritten]

Washington D C
30th Jany.. 1863

Sir

On the 8th inst I addressed
a letter to the Secretary of the Interior
asking that he direct the Comir. of
Pensions to issue the proper Pension
Certificate, in the Case of Mrs. Burr
widow of the late Aaron Burr
which had been admitted
by your late predecessor

On the 28th inst. I find that
the Secretary sent the following
letter to the Commissioner of Pensions

"On the 8th of the Month
"S E. (A) Peugh Esq. communicated
"to me the fact that his predecessor
"had decided that Mrs. Burr, the
"alleged widow of Aaron Burr was
"as such widow entitled to a Pension
"and that you as Commissioner would
"issue the proper Certificate to her

"The papers I find upon my
"desk and with the communication
"are transmitted to you for action,
"in the premises."

{illegible word] your above order to
have the certificate issue [sic] I am in the
receipt of the accompanying letter.

It may be much out of place

Page 68

[Handwritten]

for me to remark upon the irregular
conduct of the Commissioner of Pension [cut off]
in this Case but I cannot forbear
to say that in Eighteen years of experience
as an Agent & Attorney in this City it is in
my humble opinion the most extraordinary
document under the circumstances [last 3 words are underlined]
that I have ever seen.

You will please do me the favor
to take such action in the Case as
you deem right and proper.

I am very Respy,  [sic]
Yours &

S. A. Peugh


Hon. J. P. Usher
Secretary of the Interi.  [sic]

Page 69

Petition of
Eliza B. Burr
widow of Col. A. Burr

Page 70

[Handwritten. The document has been cut off on the right side, and some of the words have been truncated.]

To the Hon. the House of Repre [cut off]

The Petition of Mrs. Eliza Burr

Respectfully Represents
that she is the widow of Col. Aaron Burr.
That she was married to [cut off]
A. Burr in 1833. That her 2nd
husband died in 1835. and that as
the widow of said Col. Burr she asks
that her name may be placed on [cut off]
Pension Roll under .. 7  3 February
185[illegible].    Your petitionn [sic] also states
that in consequence of the fault of [cut off]
husband she was compelled to seek
a divorce from him which was
granted by he Suprem [sic] Court of
the state of New York - [illegible, cut off]
made application to the Pension
office to be placed on the Pension
Roll but her claim has been
questioned as the grounds of said 
found her said husband deceased -

She prays that some act of
Resolution be passed instructing
the Secretary of the Interior to
place her name on the Pension 
Roll as the widow of said 
Col. Burr under said act of February
1853. & will ever pray.

Eliza B. Burr
by S. A. Peugh
her Attorney.

Page 71

Department of the Interior
Washington D. C. Nov. 12th 1863.

Sir:

I herewith return you the papers in the case of Mrs. Eliza B. Burr, claiming a pension under the act of Feb 3. 1853, as the widow of Col. Aaron Burr deceased, from whom she was divorced during his life time.
Entertaining serious death as to Mrs Burr's eight to be regarded, under the circumstances, as the widow of Col. Burr, within the previous of the pension laws and finding that my predecessor's decision of the 27th of December last was unexecuted, I finally determined to consider the matter as still an open question and to ask the legal advice of the Attorney General on the subject, which you will find in his opinions of the 6th inst. a copy of which I send you, herewith, for your information and government.

I am Sir, Very respectfully,
Your Obt Servant
J. R. Usher
Secretary

Hon:
Jos H. Barrett
Comm of Pensions

Page 72

Department of the Interior
Washington, December 27 1862

Sir: 
Some months ago the claim of Mrs Eliza B. Burr, widow of Col. Aaron Burr, for a pension in account of her husband's service in the Revolutionary War was presented to me for decision in an appeal from your office.  The question presented was whether Mrs. Burr who was divorced from her husband during his life, on her petition , for his alleged misconduct was entitled to the eights which would accrue to his widow.  Although I had some doubt at  the time, of her right to claim as his widow I was inclined to the option there her right could not be denied.  Before any decision was made this appeal was withdrawn, with what object I did not then understand.
The papers have been returned to this Department accompanied by a report of the Committee on Revolutionary claims of the House of Representatives, admitting the validity of the claim, and also a resolution adopted by the House of Representatives on this the 23d inst. discharging the Committee from the further consideration

Page 73

[Handwritten]

of the claim and referring it to this Department for
adjustment, upon the ground that it is provided for
by existing law.

In view of this action of the Committee and of the
House of Representatives it seems to me proper to waive
any doubts I may have entertained of the validity
of the claim.  The Court of Appeals of the State
of New York appear to have sustained the position that
a wife divorced on account of the misconduct of her husband
is entitled after his death to all the rights of a
widow.  The legal consequences of this decision
would sustain the position assumed by the Committee 
of the House of Representatives.

The claim of Mrs. Burr as the widow of
Col. Aaron Burr will therefore be allowed for ten years service
of her husband in the War of the Revolution

I am Sir,
Very respectfully,
Your obt servant,

Caleb B Smith
Secretary of the Interior

Hon:
Joseph H. Barrett
Commissioner of Pensions.

Page 74

S. A. Peugh
July 18.1862

Appeals from the deciding the Commissioner of Pensions disallowing th
the claims of Mrs. Eliza
Burr, widow of Aaron
Burr, decd, for Revolutionary
pension, on the ground that she was divorced from her said husband.

Respectfully referred to the Commissioning Pensions for report__
M H Smith
Chf Clk
Dept Int
July 18/62

Page 75

[Handwritten. Some of the letters on the right side have been cut off.]

Washington, D. C.
18th July 1862

Sir

I am in the receipt
of a Letter of the 16th inst. disallowing
the claim of Mrs. Eliza B. Burr
to a Pension under act. 2' Febry 1853
on the ground that she was divorced
from her husband.

As the grounds of the Divorce
was that of  "adultery" it is respecfully [sic]
submitted that the decision of the
Secretary of the Interior in this
Case of Rachel Mowry, be over
ruled and the decision of your
office be made to conform to the
highest Court of the state of New
York where the party resides.
- which is in substance a mere release
of the bonds of Matrimony without
affecting dower or other Marital
rights.   I therefor [sic] respectfully
[illegible, possibly "bring"?] appeal to your office for a
reversal of this decision of the Pension
Office.

I am veryRespectfully [sic]
Yours &c
S. A. Peugh,

Hon C.B Smith
Secretary of the Interior
W City  D. C

Page 76

Dir.

[stamp]
DEPARTMENT
OF THE
INTERIOR
July 18 18 [illegible]
[illegible]
[/stamp]

S. A Pugh
Present

Page 77

[printed document with fill ins]

THE PEOPLE OF THE STATE OF NEW-YORK,
BY THE GRACE OF GOD FREE AND INDEPENDENT,

To all to whom this Presents shall come or may concern, Greeting:
KNOWW YE, That we, having examined the records and filed in the office of the Clerk of the County of New=York, and Clerk of the Supreme court of said State for said County,
to find a certain {Decree__} there remaining, in the words and figures following, to wit:

[image of seal]

Page 78

At a Court of Chancery held
for the State of New York at the
City of New York on the Eight 
day of July in the year of our
Lord one thousand eight hunred and thirty six
Present
William T. Mc Conn Esquire Vice
Chancellor of the First Circuit
Eliza B. Burr
vs
Aaron Burr
This cause having been submitted to the Court upon the bill of complaint filed therein taken as confessed 
and upon the Report of Philo T. Ruggles
Esquire one of the Masters of this Court
to whom it was referred by an order
of this court heretofore entered in the
above entitled cause to take proof of
the adultery charged in the complainants
said bill to have been committed by the
defendant thereupon on reading said 
bill of complaint and said Report of
said Master and the proofs accompanying 
the same together with the opinion of

Page 79

said Master upon such proofs from
which it satisfactorily appears to this
court that the said defendant has been 
guilty of the adultery charged in the
complainants said bill of complaint
On reading and filing a notice of
hearing in the above in the above cause together
with an affidavit of the due service
thereof upon the solicitor of the above 
named defendant and on Motion of
George Wilson Esquire of counsel for 
the said complainant It is adjudged
and decreed and the Vice Chancellor
of the First Circuit by virtue of the
power and authority of this court and
in pursuance of the statute in such
case made and provided doth hereby
adjudge and decree that the marriage
between the said complainant and 
the said Aaron Burr be dissolved &
the same is hereby dissolved accordingly 
and the said parties and each of them
are and is free from the obligations
thereof And it shall be lawful for
the said Eliza B. Burr to marry again 
as though the said Aaron Burr was 
actually dead but it shall not be
lawful for the said Aaron Burr to

Page 80

marry again until the said Eliza B. Burr
shall be actually dead* And it is further
adjudged and decreed that the said complainant be entitled to retain possess
have hold use and enjoy all her real 
and personal property and estate of
what nature or kind so ever free from
any interference of any kind whatever 
of by or from the said Aaron Burr.
All of which we have caused by these 
presents to be exemplified and the Seal
of the Supreme Court to be hereto affixed
Witness Honorable D.P. Ingraham - Justice
at the City of New York this 10th day of July
A.D. 1862 and of our Independence the eighty
seventh.
H.W. Genet

Page 81

Eliza B. Burr
Widow of Col A Burr__
Report of Committee

Page 82

The committee on Revolutionary claims to whom was referred the memorial of Mrs Eliza B. Burr widow of the late Col Aaron Burr, respectfully
Report,
That the facts in the case are as follows:
Col Burr served as an officer in the Army of the Revolution, & under the act of Congress of 7th June 1832 was admitted to the Pension Roll at the rate of $600. per annum, and died in the year 1835.
That he married Madam Jumel in 1833 who survives him.   By the act of Congress of February 1853 Mrs Burr became entitled to pension as the widow of Col Burr.  Upon the application to the pension office for the same her claim was resisted on the ground that during the life of her said husband she had procured a divorce from him on the ground of adultery all of which is shown by the records in the case.
By the decision of the highest Court of the State of New York, a divorce for the fault of the husband does not deprive the wife or widow of any of the rights acquired by the Marriage Contract, but treats her

Page 83

precisely the same legal manner as if her husband was dead.  Wait vs. Wait 4 Comstocks R. 95. [ underlined]  The same Doctrine was held in the case of Forest vs. Forest.  In the case of Dartmouth College, 9 Wheaton 629, C. J. Marshal says that the provision in the Constitution by which States were forbidden to pass any law impairing the obligation of contract, " never has been understood to restrictive general right of the Legislature on the general subject of divorce.  These acts enable some tribunal [underline] not to impair a marriage contract but to liberate one of the parties because it has been broken by the other [/underline]".
Your Committee are therefore clearly of the opinion that as the laws of New York preserve to her all the rights that a valid marriage contract can confer either inchoate or executed, & as the same principles have been adjudicated by the Supreme Court of the United States there can therefore be no doubt of the justice of the claim of Mis Burr, and they therefore recommend that the case be transmitted to the Secretary of the Interior for
adjustment_ no further legislation being necessary.
R. H. Duell
Chairman of Com.

Page 84

Eliza B. Burr
Widow of Col A 
Burr-
Report of Committee

Page 85

{Thirty seventh}  Congress
{Third}    Session.
====================
CONGRESS OF THE UNITED STATES.
In the house of Representatives.

December 23d 1862

On motion of Mr. Duell

Resolved That the Committee on Revolutionary Claims be discharged from the further consideration of the case of Mrs. Eliza B. Burr, and of the case Mrs Clarissa Johnson and that the papers therein together with accompanying reports be transmitted to the Secretary of the Interior for adjustment- the cases being provided for by existing law.
Attest:
Em: Etheridge 
Clerk

Page 86

[Stamp on left side of folded paper]

DEPARTMENT
OF THE
INTERIOR
Dec 22, 18[??]
[illegible]

[Handwritten. Right side of folded paper]

S. A. Peugh
[illegible letter]  July 20, 1863.

Argument in the
case of Eliza Burr
widow of Aaron Burr
decd, now pending
before the Dept.

Respectfully informed to the 
Commissioner of Pensions to be placed
on file with the other papers in
the case.

Hallet Kilbourn
Chf Clk

Dept. Interior
Dec 10th. 1853.

[Stamp]

DEPARTMENT
OF THE
July 26 18[??]
INTERIOR

Whiting   [Handwritten]

Page 87

In the matter of the Pension claim of Mrs. Eliza Burr the following considerations are suggested

This was was originally rejected by the Commissioner of Pensions & when afterwards brought before Mr. Secretary Smith, he decided that the claim for two years service should be allowed, and officially notified the Commissioner of the fact.  The Commissioner after the papers were returned from the Secretary, declined to execute the order of the Secretary or to respect his decision: but on the contrary again returned the papers to the Secretary without assigning any special reason for so doing.  In this condition of the case it was brought before Mr Secretary Usher who declined very properly to interfere with the action of his predecessor, and then returned the papers to the Commissioner for him to execute Mr. Smith's decision.

The Commissioner still declined to do so.  The papers were then transmitted by the insistence of somebody, to the Committee on Revolutionary Claims," after " House Representatives." but upon which no action was taken and this is the present condition after case.

On the 29 January 1863 The Commissioner

Page 88

of Pensions addressed me a letter wherein, after making various statements, she expressed his determination to act no further in the case, but to treat the Claim as disallowed, upon the ground that he [underlined] could not coincide with the decision of Secretary Smith.

There are several most important questions arising out of the foregoing facts.
I.  Had Secretary Smith jurisdiction to make the decision rendered by him?
II. Was not that decision when made binding on the Commissioner of Pensions?
III. What was the effect of Secretary Usher's subsequent action?
IV.  Was it not the duty of the Commissioner of Pensions, immediately after that decision to issue a certificate for the payment of the claim?
V.  What was the effect of the [illegible] action House Committee on Revolutionary claims?
VI.  Is it not the present duty of the Commissioner of Pension to issue the necessary certificate?
VII. Is it not the duty of the Secretary of the Interior to require this to be immediately done?
These will briefly be considered in these order.

1  Had Secretary Smith jurisdiction

Page 89

[Handwritten]

to make the decision rendered by him?

Of this there can be no doubt. He
was the "Head of the Department", and the case
was properly before him.  Even if it had not
been so, it is not competent for any inferior
office of his Department to enquire into the
manner or the matter of his action.

The question of his jurisdiction was for
[next 3 words underlined] his own decision - and when he decided
it by rendering his opinion, it was as much
binding upon all his subordinates {next 3 words underlined] upon that
question, as upon the merits of the case.

The idea that where a Secretary takes
jurisdiction and acts officially in any
case, a subordinate of his Department
can arrest his decision by [next 5 words underlined] reviewing the
question of jurisdiction, and by deciding
that he had none cannot be tolerated for
a moment.  The appellate and every
other power of the Heads of Department
would be negatory under such a rule;
because the Head of any subordinate means
might overrule his decision and refuse to
administer the affairs of the Department as
he should elect.

11.  Was not the decision when made
binding on the Commissioner of Pensions?

Unquestionably it was - and the
reason why it was were fully stated in considering

Page 90

considering the last proposition.

III What was the effect of Secretary Usher's subsequent action?

Of Course it had the same effect; as that of Secretary Smith's and was especially binding upon the Commissioner - neither leaving to the latter any discretion whatever.

IV. Was it not the duty of the Commissioner immediately after that decision to issue a certificate for the payment of the Claim?

Most Certainly it was. He had no discretion left. His original decision had been reversed by Secretary Smith & the reversal had been affirmed by Secretary Usher, and there can be nothing clearer than [crossed out] if the Commissioner can after this, exercise any discretion, then that the supervisory power of the Secretary would be destroyed.

V. What was the effect of the action of the Committee on Revolutionary Claims?

The effect is to let the case stand upon the decision of the Secretary, with the design that it should be enforced. This is substantially declared by the Committee refusing to act upon it. For the Committee found

Page 91

the decision of the Secretary allowing the Claim, & their refusal to recommend legislation to reverse it, was an affirmance of it.

VI. Is it not the present duty of the Commissioner of Pensions, to open the necessary Certificate?

This beyond all question must follow from all the other propositions, - or else it must follow, that the Commissioner has more power over the business of the Interior Department, than the Secretary.

The Commissioner will not himself Claim this.

VII. Is it not the duty of the Secretary to require this to be immediately done?

It is so unless the Secretary shall yield [caret] to the superior jurisdiction of the Commissioner - provided the Commissioner refuses. But such a refusal now is not anticipated.

Respectfully Submitted
S.A. Peugh
Atty for Mrs Burr.

The Hon. J.P Usher
Secry. of the Interior
W City
D.C.

Page 92

RECOVERY OF ORIGINAL PAPERS
3-296.
S.E.D
No. 12, 837
Claimant:  Aaron Burr
Soldier:  DO.
County: [blank]
P.O. address: [blank]
County:  [blank]     State: [blank]
Recommendation:  Consideration of the Chief, S. E. Division.
Ernest W. Young [stamped]
Special Examiner.

Page 93

[Printed]
3-1876
_________
DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
St. Paul, Minn.   JUN 18 1913

[Typewritten]

Hon. G. M. Saltzgaber,
Commissioner of pensions,
Washington, D. C.

Sir:-

Complying with instructions contained in the letter of the
Honorable, The Secretary of the Interior, dated June 11, and returning herewith
said letter, as well those of the Commissioner of Pensions dated
the 13, two of the Chief of the special examination division dated the
14th, and of Benson F. Stedman dated the 4th, all in re the recovery
of original papers in the pension claim of
Col. Aaron Burr, of the
Revolutionary War, I have to submit my report as follows:-

The papers reached me the 16th after the last morning train had
left for Mankato. Taking the night train out, I reached Mankato
shortly after midnight,  and the next morning at the probate office as
soon as it was open I inspected the files in the estate of Gen. Baker
to determine to a certainty upon whom to make demand for the papers in
question.  There was found the will of the decedent, naming his wife
Zula as executrix, and specifying her as the custodian for life of his
manuscripts relics, and bric-a-brac, and after her death then his son
James Henry Baker.

I then went directly to the home and briefly stated to Mrs. Baker
my mission, and she stated that Gen. Baker had in mind the writing of
a "Life of Aaron Burr" after he completed his "Lives of the Governors
of Minnesota" some five years ago, and she stated that he had actually
done some work on the former before he began the latter and that he had
really not made much progress with the former. After some pleasant
conversation along these lines I told her that the papers in question
were government property. She had no knowledge of them and called her
son James. I did not again see Mrs. Baker.

James said his father had some papers on Burr but that he had no
knowledge of the particular paper in question, and that in any event

[There is a handwritten "8" on the bottom left side of the page.]

Page 94

[Handwritten]

New York.
________________________________________
Eliza B. Burr
alleged, widow of
Aaron Burr.
Lt. Colonel,
_________________________________________

Act 3rd Feb. 1853.

Suspended.
__________________________________________

Papers numbering 18, including wrappers in the case were
Sent, Dec. 12, 1862. to
House of Reprs --at the
request of Hon R. H. Duell
Chm [illegible word] the Rev. claims.
____________________________________________
Letters.

S. A. Peugh.  June 6. 1862.
" Same  June 12. '62
  Same  Jul, 16. 1862.
" Sec. Interior.  Aug. 21. '62
" S. A. Peugh  Janry. 20. 1863.

Page 95

Papers sent to Hon.
S Edgerton. House of
Rep. Feb. 4. 1863

Page 96

the matter would have to be taken up with the estate's attorney, 
Thomas Hughes, named in the will as attorney,

We immediately repaired to Mr. Hughes' office, he asked for my
credentials, when I exhibited my commission. He said it was old and did 
not cover a case like one in hand, and demanded something "more up to
date and more specific". It looked as tho he was looking hard for an
excuse to advise the estate not to grant my request; in view of which
fact and of the further fact that I did not care to permit the entering
wedge of a refusal, I selected the letter of the Secretary as the one 
best fitting the case and permitted him to read it, contrary to my
practice.  And even then he refused me the privilege of inspecting any
papers whatever except such as might be presented to me for that purpose.

It was agreed that the son, James Henry Baker,
was to spend the
morning going thru the General's papers, that I was to call at noon, when
the attorney would be passing on his way home, and that any papers of
the character designated were to be submitted to me and the attorney,
at which time the papers herewith submitted were exhibited to me, the
attorney inspected them, and I receipted for them, namely: original
Application for pension of A. Burr of the Revolutionary War, copy of a
letter from Geo. Washington, and affidavits of two witnesses jointly
made in support of said application, also original, and one blank sheet
with brief on reverse thereof -- five single sheets in all.

As the attorney was reading thru the Secretary's letter, he asked
James Henry Baker who Benson F. Stedman is, and he replied that he did
not know. One reason for my selecting the Secretary's letter was
that, besides stating the case so forcefully, it omitted Stedman's address
-- an important feature.

No other papers of like nature were exhibited to me. For those
obtained I receipted in this form, namely:

"Mankato, Minn.
"Received, June 17, 1913, of 
James Henry Baker and Zula Baker, heirs
of the late James H. Baker, former Commissioner of Pensions, the 
following-described papers for the purpose of returning to the Bureau of Pensions 
under written instructions of
Franklin K. Lane, Secretary of the
Interior, dated June 11, 1913, namely:

Page 97

[Typewritten]

1. Application of pension of Aaron Burr;
2. Copy of letter from Geo. Washington;
3. Joint affidavit of David S. Bogart and Rob. Hunter;
4. One blank sheet with indorsement [sic] thereon -- five (5) sheets in all.

"Ernest W. Young,
"Special Pension Examiner".

All of the papers described in said receipt I am sending herewith in a
separate envelope.

Very respectfully,

E W Young, [handwritten]
Special Examiner.


10

Page 98

SPECIAL EXAMINATION
DIVISION

3-1866

DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
WASHINGTON

[Typewritten]

June 14, 1913.

My dear Mr. Young:

Referring to the matter of declaration for pension by
Colonel Aaron Burr, supposed to have been in the possession of General Baker,
a former Commissioner of Pensions, at the time of his death, I want
you to take up the same at once, allowing nothing to interfere with
prompt action.

For your information I will state that I have examined the files,
and the paper in question is missing. There is a memorandum showing
that the papers were at one time called for by a committee of the House 
of Representatives. Again, from notation on a slip, it is suggested
that the original papers were destroyed by fire. Then, in 1909, in a
letter to Commissioner Warner, General Baker said he had copies of papers
in the case, not the original files, but I think it not strange that he
would refer to the papers he had as "copies", as it is unlikely he would
advise the Bureau that he had in his possession papers to which he was
not entitled. Therefore, in your search or efforts to recover, do not
rest with copies, but go far enough into the matter to determine the
nature of the papers General Baker had relating to the Burr case.

This is a matter which should be handled most cautiously, as it
is not desired that publicity attach in any sense, and at the same
time we want to be thorough in the work, to the end that the original
paper or papers be recovered if possible.

[Handwritten]

2                             A

Page 99

[Typewritten]
[illegible] Young.

Proceed to Mankato at once, and give this matter your best
effort.

Very truly yours,

A. L. Craig

Mr. E. W. Young,
Special Examiner,
St. Paul, Minn.


[Handwritten]

3       a

Page 100

SPECIAL EXAMINATION
DIVISION
[illegible] . D

3-1866
_____________
DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
WASHINGTON

June 14, 1913.

Mr. E. W. Young,
Special Examiner,
St. Paul, Minn.

The enclosed correspondence is self-explanatory, and you will proceed
promptly to recover the paper therein referred to. If other papers of like
import be found among the effects of the late General Baker, you will obtain
and forward the same.

A. L. Craig


4    b

Page 101

[Printed, typewritten and signed]
3-1901

DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
WASHINGTON

OFFICE OF
THE COMMISSIONER

June 13, 1913.

Mr. A. L. Craig,
Chief, Special Examination Division:

I am sending you a letter from 
Benson F. Stedman,
dated Sisseton, South Dakota, June 4, 1913, relating to an
original application for pension by 
Col.  Aaron Burr, which I
had sent to the Secretary of the Interior, asking for instructions
in the matter.   I am also sending you letter from the Secretary
directing that the matter be placed in the hands of a Special
Examiner conveniently located as to 
Mankato, Minnesota. You
will proceed with all proper expedition to comply with the order
of the Secretary.


G M Saltzgaber
Commissioner.

Page 102

[Printer and typewritten]

DEPARTMENT OF THE INTERIOR
WASHINGTON

June 11, 1913.

Dear Mr. Commissioner:

I am in receipt of your letter of the 10th inst.,
enclosing a communication from.
Mr. Benson F. Stedman, in
which he states that General James H. Baker, a former
Commissioner of Pensions, had in his custody
as late as ten
years ago the original application for pension made by
Colonel Aaron Burr, which application he had taken from the
office files of the Pension Bureau during his term of office.

I am returning Mr. Stedman's letter, with the
suggestion that you immediately place the matter in the
hands of a special examiner conveniently located as to
Mankato, Minnesota, where General Baker recently died, with
instructions to proceed at once to that place and to make
demand upon the heirs, or the administrator of the decedent's
estate, for the return of this paper.    If it be not among
General Baker's effects, let him investigate as completely
as possible all circumstances that will lead to its recovery.      In the event of the refusal of the present custodian
to deliver the paper to the special examiner, it will then
be in order to place the matter in the hands of the Attorney
General for such action as the statutes authorize in a case

[at the bottom of the page are two handwritten characters, one on the left and
one on the right]

6     d

Page 103

[Typewritten and signed]

where a public official record is unwarrantably removed
and feloniously retained.

Very truly yours,

John N. Lane


Hon. G. M. Saltzgaber,
The Commissioner of Pensions

Page 104

[Printed form with typewritten and handwritten entries]

3-295
_____________

INDEX TO SPECIAL EXAMINER'S REPORT.
______________

Claim of Aaron Burr, (Revolutionary War)
No. 12837

PAGES  NAMES OF WITNESSES, ETC.  EXHIBITS
DEPOSITIONS  REPUTATION.

[Because of the way this formats, I have put the column title in brackets before each entry below.]

[Pages] 1     [Names of Witnesses]      Index

[Pages] 2-4     [Names of Witnesses]   Letters, Chief S.E. Division     [Exhibits]   a-b

[Pages] 5      [Names of Witnesses]      Commissioner's Instructions,    [Exhibits] c

[Pages] 6-7    [Names of Witnesses]    Secretary's Instructions,       [Exhibits]      d

[Pages] 8-10     [Names of Witnesses]       
               Summary             
               Claimant's statement

[Pages] 11       [Names of Witnesses]      Benson F. Stedman            [Exhibits]        e


[Written sideways at bottom]  Page 1

Page 105

[Handwritten]

Pension Office
Oct 2d of 63

Sir

As I understand
the papers in this Case
are in your hands, I
respectfully refer this
letter to you, for action
or instructions

I am very respectfully
etc.

Wm Helmich
Acting Comr.

Hon J P. Usher
Secy of the Interior

Page 106

[Handwritten]

Terre Haute
Sep 27. 1863

To the Comr. of Pensions

Sir

On the 28th January
last the Secy. of the Interior affirmed
the decision of his predecessor, Mr Smith,
in the case of Mrs Burr, widow of
Aaron Burr, and directed your action
"in the premises".

As I understand that the
certificate has not yet been issued,
may I request that you issue the
same in accordance with the directions
of the Secretary?

As I view his decision it is
mandatory.

I have the honor to be etc

RW Thompson

Page 107

[Printed]
J. H. BAKER
104 PARSONS STREET

[Below is a square stamp with printing]
[illegible] ____M___ Div.
JAN 14 1909
COMMISSIONER

[Handwritten]  Personal
[Printed and handwritten]
MANKATO, MINN  Jan 10th  1909


[Handwritten at the right top]

Attention
and bring reply to me
with this letter
V.W.

Hon Commisiner [sic] of Pensions:
My dear Sir:

I am engaged in
writing an article for a leading Magazine
on "Aaron Burr - A Study."

I find that April 5th: 1834, he personally
applied for the "benefit - of the provisions
of act of Congress, passed June 7th 1832.
I think was not [underlined] for a pension,
but for a "half-pay benefit-." But
the matter was conducted through [underlined] the
Pension Office, then an adj'nct of the
War Department, the records will
show. What I want to ascertain
officially, was the date [underlined] of the allowance
(for it was allowed) and the amount of the
same, per annum,  and how much
in all [both words underlined] was paid him under that act
of Congress, June 7th 1832.--

At the time of his application, he was
78 years of age, and a resident of New York.

Page 108

[Printed at top]

Mankato, Minn ____ 190___

[Handwritten]

the number of his application was
given 31008. and marked "allowed".
This I got from the papers in the
Interior Dept.  then in possession of
John Delano, Chief Clerk of the
Dpt. & I had them copied, & this
copy I now have & is marked
as above. --

I hear & read that you are
prospering in the management of the
Pension Office and you have my
best wishes for your continued success.

If "Joe" the old door-keeper is
still with you, please remember me
to him. He has grown grey in
an honorable career in the pension office.

Very truly yours

J H Baker
Comr. Pensions under Grant

Page 109

[Handwritten]

Sisseton, South Dakota
June 4- 1913.

Hon. Comr Pensions:-

My Dear Sir:-  During a past of the
Administration as [??]resident of Gen Grant, one
Jas H Baker [Rvt Brig Gel Vols) was Comr of Pensions

About ten years ago, Gen Baker told me this
story:-  That while Comr of Pensions he had occasion 
to overhaul or remove a lot of the old records:
That he looked through many of these - That
he came across an original application for
pension by Col Aaron Burr of the revolution.
That he - Baker - kept such application and
had it in his possession while telling me the
story.  Gen Baked lived at Mankato. Minn,
and died there about ten days ago. That
Burr application is probably among his papers
there.

I have the honor to be
Yours Truly
Benson F. Stedman.

[There is a round stamp on the lower left.]

U S Pension Office [around outside]
June 7 1913 [in the middle]

[At bottom of page]

R. File 12837

[2 vertical parallel marks in lower left]

Page 110

[Handwritten]

Department of the Interior
Washington, December 27. 1862.

Sir;

I herewith send you the papers in the case of
Clarissa Johnson, widow of John Johnson, deceased,
[Written above the line]
W.27621.
a pensioner on the New York roll under the Act of 3rd Feb. 1853
at $366.66/100 per annum, which was referred to
this Department by the House resolution of the 23rd instant,
this day transmitted to you with the papers in the
case of Mrs Aaron Burr.   I also send you the
report of the Committee on Revolutionary pensions of
the House, asking to be discharged from the further
consideration of the case "and that the papers be transmitted
to the Secretary of the Interior with directions to
allow the claim of the petitioner for two years service"

In view of this action of the House of Representatives I feel
warranted in directing the allowance of the increase of
her pension to $480 per annum upon satisfactory
evidence being adduced that the widow is still living.

I am Sir, very respectfully
Your obt Servant,

Caleb B Smith
Secretary of the Interior

Hon: Jos. H. Barrett
Commissioner of Pensions

Page 111

[Printed]
Department of the Interior
Washington,
[Handwritten]
Jan'y 28. 1863

Sir

On the 8th of this month S. E. Pugh Esq~
communicated to me the fact that my predecessor
had decided that Mrs Burr the alledged [sic] widow of
Aaron Burr, was, as such widow entitled to a pension, and that you as Commissioner of Pensions
should issue the proper certificate to her.

The papers I find upon my desk, and with
this are transmitted to you for your action in the
premises.

Very Respectfully
Your Obedient Servant

J. P. Usher
Secretary

Comr of Pensions

Page 112

[Handwritten]
Washington D C
3 June 1869

Hon. J. H. Barrett
Comm

Sir

On or about the 
30th [illegible] I filed the application
of Mrs. E B Burr. widow of the
late Aaron Burr (deceased) for
Pension, under act Fegy. 3 1853
In fileing [sic] the application I did it
in the name of her Attorney a
[illegible] lawyer of the City of
New York (Mr. Nelson Chase) believing
that under the decision of the
Secretary of the Interior [illegible] I were
conforming strictly thereto, by:
that the rules heretofore existing w
relation to Attornies[sic] before [illegible] office
should continue
Being informed (unofficially) that the office place
a diffrent [sic] [illegible] function upon the
decision of the Secretary  and that
the Case [illegible] not [illegible] be upon
without a regularly executed Power
of Attorney I herewith file the
same, with the request  & [illegible] of this
be not satisfactory, that the office

Page 113

[Handwritten]

Correspond directly with the
Claimant or her Attorney in
New York

I am yours &c
Very Respectfu [probably shortened]

S A Peugh

Page 114

Copy [Handwritten in upper left corner]
[Handwritten]
furnished by Mr. Streeter of the Law Div.
Sept. 20.1912

X1 Opinions Atty. Gen., 1.
B.E.S.  [Typewritten on right side]

OPINIONS
of
HON. EDWARD BATES, OF MISSOURI:
Appointed March 5, 1861.
- - - - - - -
Claim of Eliza B. Burr.

Eliza B. Burr intermarried with 
Colonel Aaron Burr, a revolutionary pensioner, and afterwards obtained
a decree of divorce, absolutely dissolving the
marriage.  HELD, that she was not entitled, on the death
of Colonel Burr, to be placed on the pension roll as
his widow.

ATTORNEY GENERAL'S OFFICE,
November 6, 1863.

Sir:

I have received your letter of October 22d, 
relating to the claim of Eliza B. Burr, to be put upon the
pension roll, as widow [The last 2 words were underlined.] of Colonel Aaron Burr, deceased,
who was a revolutionary pensioner.

It appears, by your letter that Colonel Burr
intermarried with the claimant (Eliza B.)
July 1, 1833, and
that afterwards, on the 8th day of July, 1836, upon the
application of the said Eliza, filed in the Court of
Chancery of the State of New York, charging 
Colonel Burr

Page 115

[Typewritten]

2 [Page number in upper right corner]

with adultery, she was, by a decree of that court,
divorced. It appears, also, that the language of the
decree of divorce is plain and comprehensive. It was
not to effect any modification of the contract of
marriage, nor to produce only a personal separation, but
to destroy the bonds of matrimony. This is the language
of the decree, as stated in your letter -- "that
the marriage
between the said complainant and the said 
Aaron Burr be dissolved, and the same is hereby dissolved
accordingly. And the said parties and each of them
are and is free from all obligations thereof."

After this decree, on the 14th day of September, 1836, Colonel Burr died. And now, under these circumstances, the lady claims to be his widow, and, as such,
to be put upon the pension roll.

I do not see the legal possibility of doing it.
A widow I understand to be a wife that outlives her 
husband. And if the decree of the New York court be
legal and valid, (and it is not impeached,) it must be
true that Mrs. Burr had no husband, and 
Colonel Burr had no wife, at and immediately before his death.

In my opinion, she is not his widow, and, therefore,
not entitled to be put upon the pension-roll.

Page 116

[Typewritten]

3 [Page number in upper right corner]

And as to the resolution of the House of
Representatives, to which you refer, it does not, in my
judgment, touch the merits of the claim.

I am, sir, very respectfully,
Your obedient servant,

EDWARD BATES.

Hon. J. P. Usher,
Secretary of the Interior.

Page 117

[newspaper clipping attached to blank page with stamp and typed initials in top right corner]

Stamp reads [illegible] JAN 10 1914 RECEIVED
Typed initials are TFD

PENSION PAPERS OF BURR TO BE DISPLAYED
______
Application Has Been on File in Bureau Since 1834.
______
Washington.-Franklin K. Lane, secretary of the interior, has offered the application of Aaron Burr for a pension to the National museum. He wrote to Charles D. Walcott, secretary of the Smithsonian institution, in charge of the museum, saying that the application should be on public view instead of in the files of the bureau of pensions, where it has been since 1834.
There are four pages to the application, and it is in as good a state of preservation as if it had been written a month ago. Mr. Burr wrote on both sides of the paper, which is legal size, setting forth that he quit the army with the rank of colonel, that he was enlisted in the army in 1775, when eighteen years old, and that at the time of the application he was seventy-eight.
He recites that he was made lieutenant colonel by General Washington, that his health became impaired and that he made several attempts to resign on that account, and his resignation was accepted conditionally and with protest by General Washington. Before the resignation took effect, the application says, Colonel Burr was persuaded to undertake the destruction of a British blockhouse on the Bronx river, which he accomplished and ten was persuaded to delay his resignation until 1781.
The signature is modestly placed in the right hand corner of the application and reads, "A.Burr."

Page 118

[partial page of music containing words "you be-fore; you say that y"]
[stamp 
THE WHITE HOUSE
JAN 10 1914
RECEIVED]
No 620. S. Mich. Ave. Wellston. A. 1/8 - 1914
Woodrow Wilson..
President of the U.S.
Dear Sir:
Some time ago I wrote to
Secretaries Lane and Walcott asking for
 the original Pension application of
A Burr.  They each one say they have no
authority to give them to ME.  Can you
give them to me? There is a number
of people in this state that are
distant relatives and WE all want
these just for a family relic.
Hoping for a favorable reply.
Respectfully.
Mrs. John Hugg.

Page 119

[Typewritten]

TFD

January 13, 1914.

Mrs. Julia Hugg,
Wellston,
Ohio.

My dear Madam:

Your letter of the 8th, addressed to the President
of the United States, has been referred to me for reply.

The application for pension filed many years ago
by Aaron Burr, to which you refer, is of course the property
of the United States and belongs in fact to the files of the
Bureau of Pensions. It was placed in the National Museum
in order that it may be seen by the public, who may regard
it as a matter of interest. It cannot be withdrawn and sent
to you, or to any other distant relative, and even if it were
proper to withdraw it, it would be impossible probably to
determine which one of his distant relatives would be best
entitled to receive it.

Very truly yours,

G M Saltzgaber
Commissioner.

Page 120

[Stamped on outside of folded paper, on the left side]

U.S.
PENSION OFFICE

OCT 12 1882
Special Exam'n Division

[Written on right side]

Man. Commission
and a letter in
handwriting of Washington

Page 121

[Handwritten in upper left corner]

B.E.
[Printed]
DEPARTMENT OF THE INTERIOR,
WASHINGTON,

[Typewritten]

October 11th, 1882.

The Commissioner 
of Pensions,

Sir:

Referring to your letter of the 13th of April last
requesting that certain papers filed in the claim of Aaron Burr
for pension, said to have been deposited in the Patent Office
as relics of general interest, be returned to the Pension Office
or accounted for, I have to state that the Commissioner of Patents
informs this Department that search has been made in the model
room of the Patent Office and that the papers referred to are not
found among the curiosities deposited there.

Very respectfully,

M L Jeslyn

Assistant Secretary.

Page 122

[Printed heading]

3-1901
Office of the Commissioner.
[Handwritten]
AW   Eoa

[Printed]
Department of the Interior,
Bureau of Pensions,
Washington.

[Typewritten]

January 15, 1909.

The Auditor for the Interior Department,
Treasury Dept., Washington, D.C.

My dear Sir:

I am in receipt of a letter under date of the 10th instant
received on the 14th from Hon. J. H. Baker,
formerly Commissioner of Pensions,
during Gen. Grant's administration, asking for the amount of pension
paid to Lieut. Colonel Aaron Burr, on his application filed April 5, 1834,
R. File No. 12827, who was pensioned under the act of June 7, 1832, at the
New York Agency, upon certificate number 28698, issued May 15, 1834.

Will you kindly give me the dates of commencement and termination
of pension, the amount of the annual payment, and the total amount
which he received.

I attach the letter of Mr. Baker, herewith, for your information,
which kindly return with your reply.

An early reply will be appreciated both by Mr Baker and myself.

Very respectfully,

V. Warner.
Commissioner.

[Handwritten]

report sent to
Mr Baker in
Comrs letter of
Jan 19  09

Page 123

AW 

[Typewritten]

Rev. War Section.

August 5, 1913.

Mr. Thomas Hughes.
Mankato Savings and Building Assc'n. Block.
Mankato, Minnesota.

Sir:-

In response to your letter dated June 21, 1913 and received
June 23, 1913, requesting a copy of the application of Aaron Burr,
for Revolutionary war pension under the Act of June 7, 1832,
you are advised that the said paper was forwarded on July 9, 1913
to the Secretary of the Smithsonian Institute to be placed in the
National Museum, and further correspondence relative thereto
should be addressed to said Secretary.

Very respectfully,

E. C. Triman
Acting Commissioner.

[handwritten]

Before writing this letter I consulted 
Mr. Fletcher Dennis,
Commissioners Confidential clerk. (Comm was
away) and he advised me to write as above

AE Wilson

Page 124

[This page is an exact copy of page 7 of this file.]

Page 125

[Typewritten]
MANKATO, MINN.

of Arron Burr [sic] and had collected considerable material for
carrying out this purpose and among other data, had barrowed [sic]
this paper. I wished, however, we had taken a copy of the
application as the General's son and myself are considerably
interested in Historical matters. We could have made a copy
just as well as not, but Mr. Young seemed to be in a great
hurry to catch his train and so we let him take the paper without
securing a copy. I wish you would kindly send a copy
of the application, and whatever the expense of copying might
be, I will remit you.

Thanking you for your favor, I remain,

Yours truly,

Thos Hughes [signed]

Page 126

[There are 3 typewritten lines at the top that seem to be from a prior page. They are too faint to read.]

MANKATO, MINN.

June 21, 1913.

United States Commissioners of Pensions,
Washington, D. C.

Dear Sir:-

Three days ago [The last 2 words are underlined.] your special agent, Mr. Young, [name underlined] called
on the widow of the late James H. Baker regarding an old
paper, being application for Pension made by Aaron Burr of
Revolutionary time, and the matter was referred to me as attorney
for the estate of Gen. Baker and the paper was found among
the effects of the deceased and turned over to your Mr. Young.
Of course if you had written Mrs. Baker a letter calling her
attention to the fact that there was such a paper among the
papers of the General, she would have sent it to you just as
promptly and saved all the trouble of any special agent, but
she knew nothing of the paper being in the possession of the
General and evidently the General had forgotten that he had
it. It seems that the General had started to prepare a life

Page 127

[Typewritten]

THE SECRETARY OF THE INTERIOR
              WASHINGTON

                                         July 9, 1913.

Dear Mr. Commissioner:

Enclosed please find copies of the
original papers of Aaron Burr and also
copies of the correspondence relative to
the placing of these papers in one of
the museums of the Government.

                        Cordially yours,
                  
                         H. A. Meyer
                         Private Secretary.

Hon. G.M. Saltzgaber,
         Commissioner of Pensions.

Enc.

Page 128

[Typewritten]

(COPY)

THE SECRETARY OF THE INTERIOR
WASHINGTON

June 25, 1913.

Dear Mr. Walcott:

The Pension Office has recently recovered an original
application for a pension and related papers that were
filed by Colonel Aaron Burr in 1834. These papers were
surreptitiously removed from the files of the Office some
years ago.  If the National Museum has provision for the
care-taking of historical documents of this kind, I think
the proper place for the papers would be with you rather
than in the Pension Office.  I enclose for your
information copies of these papers.

Cordially yours,

(Signed)  Franklin K. Lane

Dr. Charles D. Walcott,
Secretary, Smithsonian Institution,
Washington, D. C.

Encs.

Page 129

DEPARTMENT OF THE INTERIOR
BUREAU OF PENSIONS
Washington    June 20, 1913.

Hon. Franklin K. Lane,
The Secretary of the Interior.

My dear Mr. Secretary:

I have directed Mr. Alvin L. Craig, Chief of the Special
Examination Division in this Bureau, to present for your
inspection the original application signed by Aaron Burr for a
pension for himself on account of services therein recited.

Mr. Craig has recovered this document, by the aid of a
special examiner, from the relatives of former Commissioner of Pensions Baker;
and I thought it should be presented to
you, at least for your inspection, and, if you think it of
sufficient merit, to consider whether it shall be placed in
any of the archives or museums of the Government, in which
case a copy of it might be substituted in the files.

I send Mr. Craig because he is the custodian of the
instrument, and the whole matter is subject to your orders.

Very respectfully,
(Signed)  G. M. Saltzgaber
Commissioner.

Page 130

(COPY)  [Typewritten]

SMITHSONIAN INSTITUTION
Washington, U.S.A.

July 8, 1913.

Sir:

I have the honor to acknowledge the receipt of your
letter of June 25, enclosing copies of an original
application for a pension and related papers that were filed
by Colonel Aaron Burr in 1834, and suggesting their transfer
from the Pension Office to the National Museum.

In reply I beg to say that the original papers in this
case would be very acceptable for addition to the collection 
of historical documents in the Museum, 
and I thank you for 
your thoughtfulness in offering them.

Very respectfully yours,

(Signed) R. Rathbun
Acting Secretary.

The Honorable
The Secretary of the Interior,
Washington, D.C.

Page 131

(COPY)  THE SECRETARY OF THE INTERIOR
Washington

July 9, 1913.

Dear Sir:

Referring to our previous correspondence I take
pleasure in transmitting to you herewith the original
application filed by Colonel Aaron Burr in 1834 for a
pension to be added to the collection of historical documents
in the National Museum.

Very truly yours,

(Signed)  Franklin K. Lane

The Acting Secretary
Smithsonian Institution,
Washington, D. C.

Encs.