Revolutionary War Pension and Bounty Land Warrant Application File R. 1452, Jeremiah Burger, New York

SERVICE
NUMBER
New York
Burger, Jeremiah or Burgher,
R. 1452
Maria
CONTENTS

State of New York
aged 70 Sept 1833
Columbia County } ss
On this sixteenth day of April in the year of our Lord 1834 personally appeared in Open Court before the Justice of the Peace of the Court of the City of Hudson Jeremiah Burger a resident of Gallatin in Columbia County and State of New York aged about seventy years who being first duly sworn according to law, attested his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
This Deponent Jeremiah Burger says that he was born in Staatsburgh in the County of Dutchess is a son of Marinus Burger this Deponent has no other record of his age Except his own recollection and he believes that he was seventy years of age in September last past This Deponent says that he continued to reside in the Town of Staatsburgh during the whole Revolutionary war and for some years after the war until this Deponent was upwards of thirty years of age and that since this Deponent left the County of Dutchess, he removed into the County of Columbia into that part of the said County now called Gallatin where this Deponent has resided for nearly forty years and where he now resides This Deponent says that he performed service in the Revolutionary war as a private soldier This Deponent says that he was quite young when he first entered the service This Deponent says that his father was a very warm whig and was a Contractor for the Army and he sent this Deponent with his

This team to draw flour to Fishkill and to draw Ammunition this was in 1777 some time in the fall of that year. This Deponent was large for his age The next service and which was the first service that this Deponent did as a soldier was when the British Shipping came up the Hudson River and burnt Esopus. This Deponent turned out as a volunteer and marched as far as Rhinebeck under Command of General Putnam. This Deponent thinks under Captain Kipp - This Deponent was out on duty at Pace Say. The next duty performed by this Deponent was in 1778 — From the month of April till the following January this Deponent volunteered in the United States Service for nine months & performed said nine months service under Captain Wood. On being mustered out of service this Deponent was Lieutenant and marched under One Van Benschoten and on being mustered out this Deponent does not recollect whether Van Benschoten was Colonel or Major or whether Levi Paulding was there two were the Colonel and Major of the Regiment to which this Deponent belonged. This Deponent says that the Regiment was sent across the Hudson River to guard the settlers who had settled west of the Catskill Mountains who were very much annoyed by the Indians and British who used to attack them burn the habitations of the inhabitants and butcher the inhabitants and so frequent were the attacks made on those defenceless people that the United States sent out detachments against those brutal savages to prevent any further attacks. The Regiment to which this Deponent belonged in which he served marched to Big & Little Shendake, to Mombaccus, Esopus, Hurley, Marlinton, Saugerties, Mamacating hollow, and continued marching from place to place until late in the fall of the Year then was marched to West point and lay there also was at Stoney Point.

point and was discharged at the end of the nine months service which this Deponent believes was on the 1 st of January 1779
This Deponent says that the next service he performed was under one Captain Edward  Cornelius Paulding was, six months, in active service at this time lay a part of the time at Fort Hill also at Peeks Kill and recollects of marching to Croton ferry to surprise some British Soldiers who was expected to cross the River called Croton River at or near the ferry the Company was commanded by Cornelius Paulding and this Deponent says that there were forty volunteers who marched with this Deponent in this Expedition that after the British party had crossed the River and soon alighting from their horses the Americans who had been concealed started upon the British who immediately remounted and plunged through the River and the Americans fired upon them and killed one of the Enemy a British Dragoon - This was in the Summer of 1780 as near as this Deponent can recollect he served from the Month of May till the Month of November the name of his Colonel he thinks was Jacob Van Ruyvencholen in this Expedition of six months.
This Deponent says he also served in 1781 under Captain Ellward Connor lay at West Point also lay at Fort Montgomery was out in this Expedition for six months from April till some time in October served under Captain Connor and he believes the name of his Colonel was Van Benschoten but is not certain thinks that General Wayne had Command of the fort while this Deponent lay at West Point and Fort Montgomery This Deponent says that he has no documentary proof

in his possession of the Service performed by him during the Revolutionary War That as he has been informed and only believes all his Officers under whom this Deponent served are dead and this Deponent knows of no one now living Except One Jacob Spaulding who was in the Service with this Deponent on one of the Expeditions perfor- med by this Deponent who can testify to his services performed
This Deponent 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 the agency of any state
To the following 'Interrogatories' This Deponent Jeremiah Buyer answers as follows
1 st Ques: Where & in what year were You born?
Ans: I was Born in Staatsburgh in the County of Dutchess in September 1763 or 1764 -
2 d Ques: Have You any record of your age?
Ans: I have none except my recollection -
3 d Ques: Where were you living when Called into Service when have You lived since the Revolutionary War and Where do you now live?
Ans I resided in Staatsburgh County of Dutchess during the war Continued to reside there till I was thirty four or five Years of age and since then I removed into the County of Columbia where I have resided ever since in the town now called Gallatin -
4 th Ques: How were you called into Service -
Ans: I went as a volunteer as a private soldier
5 th Ques: State the names of some of the regular Officers who were with the Troops when you served such Continental & militia regiments as you can recollect of the general

Circumstances of your discharge - ?
Ans: Genl. Wayne Genl. Putnam. Colonel Van Buren Colonel Paulding Capt. Wood Capt. Conner Capt. Kipp and as to the place & the time when I performed the services I cannot state the same more fully than I have in this my declaration -
6. Have you ever received a discharge from the service and if so by whom was it given?
And I was regularly discharged by my officer after Expiration of my service - but never received any disch- arge in writing
7. State the names of Persons in your present Neighbo- rhood who can testify as to your Character for veracity and their belief of your services as a soldier of the Revolu- tion
Ans: I would refer to John Skillman James H. Miller & others who have known me for years and can testify as to my character
Jeremiah Burgher
Sworn before Subscribed the day & year aforesaid
Henry Mungo, Clerk

State of New York Columbia County
And the said Court hereby declare their opinion after the inves- tigation of the matter and after put- ting the interrogatories prescribed by the war department that the said Jehmiah Burger was a Revolutionary soldier & served as he states
Columbia County - ss I Henry Munger Clerk of said Court hereby cert- ify that the above contains the original proceedings of said Court in the matter of the application of Jehmiah Burger for a pension in testimony whereof I have hereunto set my hand & seal of said Court this 17th day of April 1834
Henry Munger

Pine Plains N.Y. Free Sept 18 1851
Sept 18 1851
J. S. Collawards Esq. Commission of Pensions Washington City
N.Y. Jeremiah Burges
2
14 Sept 1851

State of New York } Jeremiah Burge of Lucron Dutchess County } Columbia County & State aforesaid being duly sworn says that he is the son of Martins Burge who did render great assistance to the United States during the Revolutionary war by purchasing Beef & flour for the American army and as did during the winters of 1778 & 1779 winter a number of horses belonging to the Continental Army. And that I served my country in the revolutionary army at West-point & at Stony-point in the years 1779-1780 & 1781 under Capt Cook in the Reg- iment commanded by Col Van Benschoten And this deponent further says that Stony-point was under Col Johnson & was then taken by Gen- eral Duane also Col Gibbon sergeant Wallace was under command of General Duane and also John Van Natten. Also he was on the Delaware under Capt Pavlin & he thinks the Regiment was commanded by Colonel Scarlenburgh. And this deponent further says that while he was lying at West-point one Col Lewis said to General Gates was then wounded in the thigh. And this de- ponent further says that he served his country by driving a team from his fathers in Sta- tibusgh to Peekskill with Rawles Balls beef & flour for the American Army. This deponent further says he well recollects the aspect of General Sterling on Long Island who then commanded a regiment of young men who were mostly destroyed. This deponent further says he was then young & this is according to the best of his recollection. Jeremiah Burge Subscribed & sworn this 14 th day of September 1835 before me Hiram Wheeler Justice of the Peace

Personally appeared before me Jeremiah Buggen the person named in the within affidavit to me well known and made oath to the law in due form of law Witness my hand this 16. day of September 1835 Simon Whalen Justice of the Peace

Emerson Berger
Miss
17 Dec 1835
Five Pains seen at the } Dec 12
NY
J. A. Dwarso
free
Commission of Pensions - Washington

State of New York
Dutchess County
On this seventh day of December in the year one thousand eight hundred and thirty five personally appeared before me Miriam Wheeler one of the Justices of the Peace in and for said County of Dutchess, Jeremiah Burger of the Town of Annam in the County of Columbia in said State who being first duly sworn according to Law doth on his oath make the following supplementary declaration in order to obtain the benefit of the act of Congress passed June 7th 1832. That he entered the service of the United States under the following named officers; to wit, this deponent saith that he first entered the service of the United States as a soldier in the revolutionary war in the Militia of the said State of New York in the Month of April in the year one thousand seven hundred and eighty in the Company commanded by Captain, Cook and joined said company at Poughkeepsie in said County of Dutchess, and from there was Marched to Fishkill in said County and joined Colonel, Beneschoten's regiment, and from Fishkill went with said regiment to West-point; and to Stony-point, and was discharged at Poughkeepsie in said County of Dutchess the latter part of November or for part of December one thousand seven hundred, and eighty, and this deponent says that he served in the foregoing campaign seven or seven months and a half. And this deponent further says that in the Month of April in the year one thousand seven hundred and eighty-one he again entered the service of the United States as a soldier in the revolutionary war in the Militia of the said State of New York in the Company commanded by Captain, Cook, and joined the Regiment under the command of Colonel, Beneschoten at Poughkeepsie Westchester County in the State aforesaid, and that said Regiment lay part of the time at Stony Point, and West-point and that this deponent continued in the said service until sometime in the Month of December seventeen hundred and eighty-one and was discharged at Fishkill in the County of Dutchess, and that he served in this campaign seven or eight Months. and this deponent further says, that in the latter part of the campaign of the year one thousand seven hundred & eighty-one Colonel, Albert Baldin Baldin took command of the said Regiment at West-Point. And further this deponent say Not.
Jeremiah Burger
Taken and subscribed before me this seventh day of December one thousand eight-hundred and thirty-five
Miriam Wheeler Justice of the peace

Pine Plains, Dutchess County
December 7th 1835
Sir - I received your communication of the 10th November 1835
Stating that it is necessary for me to state the periods, and grade of each term of actual service, the company & field officers under which I served. In this statement I have omitted to state the time that I was employed in training in the service of the United States, because by a former communication from you, you state, that time cannot be allowed as any part of my Military service - I am Respectfully Your Obedient Servt. Jeremiah Burger
Mr J. L. Edwards.
Commissioner of Pensions

4 act Mar 3/38
Sept 23/38
Maria Burgher wid of Jeremiah Burgher dec Puwalo
Revolutionary war
N.Y. Lns 32
Wheeler H. Clark Esq Hudson N.York
Sept 29/58 W.H. (Clark)
Sept 24, 61. Same. see pan- -sion claim
Same. December 24, '61

31.767 Rev. Act of the June 1832
Jeremiah Burgher Suspended New York
See letter to Chas. C. C. C. Livingston N.Y.
20th Aug 1834 Let to Applicant 10 Nov 1835 " " 16 Dec " " " same Aug 27 '36 to W. H. Clarke 27 April 1840 do do over 19 May 1841
Letter to Hon. W. H. Woodward June 24, 1840 to W. H. Clarke, Dec. 4, '40 to same 7th Sept 1849 Hon. Broom May 23/36

31.767.
31767
Jeremiah Burgher New York
Cha s . Cepsoltyne 20 Aug 1834. applicant 10 November 1835.
do 16 Dec r 1835 - do Aug 27 1836 - W th Clarke 27 April 1840 - do 19 May 1841.
Hon W th Woodward June 1846 - W th Clarke Dec r 4
1846 - Same 7 Sept r 1849.
Hon J Brown May 23/56.
" G w Jones January 28 1857.
Whalen H. Clarke Sept. 24. 61
Same Oct. 2 d 1861
June 7 / 1832 -
294264

1452
P. O. Maria Burgher Widow of Jeremiah Burgher
Service: Comet record on Book
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

See Shumway's papers.
Bingham Papers.
1849 See  the  Ames Ames, Cushing, etc. Census of 1840 Papers of
Paid for
See vol 1-27
Marginal note, p. 100
Edward's 8 months
See also original pay roll
See vol 2-18

Samuel Buyer of Gallatin says he was born in Straits = Verf  Dutchess County 2 Mile below Albany  Flats on the Banks of the River - was son of Martinus Buyer am aged - 69 years in Sept. the first service that witness engaged in was in driving Ammunition from his father to Fishkill . The six Loads was drawn away by virtue of 4 Loads was drawn by Martin when these Loads came from the north and was put in his father's Barn - Stephen  Frederick  Philip  Frederick  David  Schuyler  Jacob  Spaurlyf lived about 2 1/2 Miles from his East his step Father was a Dixon = drew flour from Bachman's Mills to Fishkill = went out in the service as a volunteer at the request of his father who was a warm body under Col. Wood  Lieutenant  Sturm  Paulding . James - - - - -  Colonel  John  Paulding  Major  James  Paulding  Adjutant  James  Paulding  James  Spaurlyf was in the same Company with witness = went to the Delaware went to Munkaty . Munkaty , Erope , Shuley , was at his  Shendaken of Shuley  Shendaken . went to Drin off the  Indians : Astoria = this was after Erope was burnt & was gone (1778 or 1779 - 1780) - was gone 9 months over a Year then went to the South where they lay at Croton ferry - to supple the British light horse - under the Command of Cornelius  Paulding . Who made a rush upon the British party and  Shaham  Wadsworth fired and all 40 fired and one of the British soldiers was killed = the Public house was kept by a man this side of Croton River and on the British party consisting of 10 or 15 were as soon as they found them = Silas discovered took to their heels and ran - as they crossed the River = one was killed as he ascended on opposite Bank = lay at West Point about 6 6 months till Cornwallis was taken = Genl  Shaun lay there = served under Col. Wood  Edward  Conor or Edw. Kipp : in the Expedition to West Point . lay at Fort Montgomery - was at Stoney Point = saw the British come up the River & they fired at the House of his father - Genl  Putnam lay at the House of his father - went along with  Albany  Flats & then heard that the enemy had landed on the west side of the River & Erope heard that the  Brigade was taken - was out three with Spaurlyf once to Shendaken down to the Delaware . both times as a volunteer: - recollect of a family of the  Shuley who were drove off by the Indians = all the House was found empty and many of the Buildings were burnt the Erope was destroyed and the whole face of the Country bore the aspect of brutality and barbarism and looked as tho' the Goths and  Vandals had overrun the land and blasted all the fruits of the husbandman and ruined the hopes of the hardy frontiersmen - and continued to march from place to place in order to protect the frontier settlements and again remove the panic that had seized
3

on all - only the war lived with his father - then lived in Abnerick till he moved into the Mamm When he has lived 35 years - in Gallatin - it was moved a bird - I should say he was over 40 years
1778 Marched to Saugus Marched to Matt Point then to Stone Point then to Peeks Hill then to Fiskville then to Albany
1778 went west to Big & Little Shendaken Came in at Savannah it was then late. was out 9 months in this Expedition lay at West Point 2 weeks did not lay long at any place was called out in May April and was discharged 19 Oct 1779 -
Summer Bay's Statement See Jacob Spaulding
  1834     69     1765  5    114  4    1779   

State of New York Columbia County
ss: Jacob Sparrenburg of the Town of Livingston being duly sworn says that he is now aged nearly seventy nine Years he will be seventy nine Years on the fourteenth of June next and this Deponent says that he was born and brought up in the Town of Staats burg in the County of Dutchess and resided there during the Revolutionary war. This Depo- -nent further says that he is well acquainted with Jeremiah Buyer who was a son of Martenus Buyer who lived in Staatsburg in the said County of Dutchess Dutchess. That this Deponent lived about half a mile from Martenus Buyer and knew all the family of said Buyer well. This Deponent has heard the Declaration of Independence Buyer read over and he says that he recollects that said Jeremiah Buyer was in the service with this Deponent nine months under the Captain Wood. Henry Paulding was Lieutenant and Levi Paulding was Colonel and one Van Bentsco and on this Deponent thinks of the name of Isaac Van Bentschoten was Major - and crossed the River and marched west of the Hudson River through many places went to Woodstock by the Hendake trail Shendake Marbletown & various other places and also marched South and East again to the River and came to the River at Haverstraw then marched up to West point & various places not now recollected by this Deponent. This Deponent further says that in the nine months Expedition that this Deponent was engaged in with said Jeremiah Buyer this Deponent thinks it was in the Year 1778. from which till January

Pine Plains Augt 22
22 Augt 1856
free
72
Aug 26
N.Y.
J. L. Edwards, Commissioner of Pensions - Washington
James Buchanan Esq. Secretary of War
1452

State of New York
Dutchess County } ss. On this twenty-second day of August in the year of our Lord one thousand eight hundred and thirty-six personally appeared before me Hiram Whalen one of the Justices of the peace in the Town of Pine Plains in the said County of Dutchess, Jeremiah Burghin, who being first duly sworn according to law, doth on his oath make a supplementary declaration in order to obtain the benefit of the act of Congress passed June 7th 1832, for obtaining a pension. That in the Spring of one thousand seven hundred and eighty-one, I entered the service of the United States in the Militia of the State of New York, from the Town of Rhinebeck in Dutchess county, and that I went on an eight months service, in the Regiment commanded by Col. Albert Paudling of Ulster Ulster County, and the Company commanded by Captain Henry Paudling, and Lieutenant Henry Van Kurenburgh. That I mustered at Esopus in Ulster County, and we were then marched to different places, to wit, Mombaccus, Neversink, Mamarating, Woodstock, Shandaken, and I was employed the biggest part of the time as a scouting party on the frontiers; And I know one Jacob Spawenberick Boston Seiver and Henry Akerst, who belonged to said Company, all of whom I believe are dead, except Jacob Spawenberick, whose affidavit I have heretofore obtained and have transmitted the same to the Pension office. I was discharged this campaign at Brig Shandaken or at Esopus in Ulster County, but I believe it was at Esopus, about the last of December 1800 One thousand seven hundred and eighty-one, and that he served this campaign about eight months. And further he says that
Jeremiah Burghin
Taken and sworn before me the day & year as above written.
Hiram Whalen Justice of the peace

State of New York
Columbia County ss
Jacob Sprenkenbush
of the Town of Livingston being duly sworn says that he is now in his seventy ninth year of age This Deponent says he was born and brought up and continued to reside during the Revolution - any war in the town of Staatsburgh County of Dutchess - This Deponent further says that he was intimately well acquainted with Jeremiah Buys or son of Martinus Buys who lived about one mile from this Deponent during the Revolution - any war This Deponent further says that he has heard the Declaration of Jeremiah Buys read over and he says that he recollects of being in the United States Service during the Revolutionary war with the said Jeremiah Buys for nine months under Captain Wood on Paulton's Co. Colonel and Van Benschoten was Major. This Deponent cannot recollect the various places to which the Regiment marched in which this Deponent and said Buys were  were but believes that they were at the various places stated by said Buys and this Deponent thinks & believes that this term of nine months was from April 1778 till January 1779. This Deponent further says that said Jeremiah Buys was quite young when he found the nine months with this Deponent this Depon- -ent should not think that said Buys was then fifteen years old. This Deponent further says that old Martinus Buys the father of Jerem- -iah Buys was a very warm Whig during the whole

of the Revolutionary war, as to the other service stated by said Burger to have been performed by him in the war this Deponent believes that he performed the same but from the lapse of time and the imperfect recollection of this Deponent as to the various expeditions and the various persons who were out in the service this Deponent cannot state fully but this Deponent recollects the names of the various persons who were officers in the Rev- olutionary war as stated by said Burger and this Deponent firmly believes that the said Burger rendered all the service stated by him this Deponent has known said Burger from infancy and has never heard any thing against the charac- ter of said Burger but always believed him to be a man of good standing in the community where he resides and further says not
Sworn before me this 17 th day of April 1834
I his Jacob X. Spaulding Notary
Charles Epeltyne Commissioner of Pleading & take affidavits &c -
Henry Mearns
Columbia County ss. I Charles Epeltyne of the Town of Livingston County aforesaid being one of the Commis- sioners appointed in and for said County to take affidavits the said in Court of Records do hereby declare my opinion that Jeremiah Burger of Galla- tin in said County was a Revolutionary soldier and I further certify and declare that I am acquainted with Jacob Spaulding who was sworn before me and who has subscribed the above affidavit as a man of credit and veracity and his statement is entitled to credit and belief given under my hand the 17 th day of April 1834
Chas. Epeltyne

State of New York Columbia County }
We John I Killmore and Hugh Knickerbacker do hereby Sworn State that we are both residents of the Town of Gallatin in said County of Columbia do hereby Certify that we are well acquainted with Jeremiah Breyer who has subscribed and sworn to the above declaration and we do further Certify that we believe him to be of the age of seventy years and upwards. We further Certify that the said Jeremiah Breyer is reputed & believed generally in the neighbourhood where he resides to have been a soldier of the Revolution and we fully concur in that opinion. The said John I Killmore further says that he is aged sixty one years and has known said Jeremiah Breyer for upwards of thirty years during which time said Breyer has resided in the same town with this deponent and distnt from this deponent one mile or thereabouts this deponent John I Killmore further says that said Jeremiah Breyer sustains a fair and irreproachable chara- -cter for truth and veracity in the neighbourhood where he lives and said Hugh Knickerbacker says that he is aged forty nine years and has known said Breyer thirty three years and resides within one mile of said Breyer and said Knickerbacker says that said Breyer sustains a fair character in the vicinity where he resides and believes the facts stated by said Breyer to be true -
Sworn & subscribed solemnly before me this 24 th day of April 1834
Chas Egleston Comm r of Asses & to take affidavits to be read in Courts of Record
John I Killmore mark Hugh Knickerbacker

Columbia County ss. I Charles Opelstyn one of the Commissioners appointed in and for the County of Columbia to take affidavits to be read in Court of Revena do hereby declare my Opinion that Said applicant Jeremiah Baughan was a Soldier of the Revolution and that I am well acquainted with John I. Killmore and Hugh Knickerbacker both of whom were solemnly sworn before me and have signed the preceding affidavits and I certify that they are both credible men and of good standing in the community and their statements by them made are entitled to the fullest credit given under my hand this 24 th day of April A.D. 1834 -
C. Opelstyn
State of New York } Columbia County } I Joseph D. Monck Clerk of said County do hereby certify that Charles Opelstyn before whom the preceding Affidavit purports to have been sworn was at the date of the same a Commissioner of Deeds in and for said County. That I am acquainted with his hand writing and verify his name subscribed to said Affidavit and also to the certificate of Credibility to be his proper hand writing and signature.
In testimony whereof I have hereunto, in the absence of Joseph D. Monck, set my hand and affixed the seal of said County this 24 th day of July 1834 - Richard Carringer Deputy Clerk
I Henry Munger Clerk of the Inferior Court also further certify that the additional affidavits of John I. Killmore & Hugh Knickerbacker were also submitted to the Court & by them approved in testimony whereof I have hereunto set my hand & seal of said Court this 24 th July 1834
Henry Munger Clerk
Original papers 1834
page 111

Livingston Nat. 13 July 25 th 7
To J. L. Edwards Esq Commissioner of Pensions Pension Office War Department Washington City

To J. L. Edwards Esq. Comm r of Pensions
Sir Enclosed I send You the Declaration & Proof in the Case of Jeremiah Burgher an applicant for a Pension under the act of June 7 th 1832
Please address to me at Livingston Columbia County State of New York
Yours truly
Chas. E. Peabody
Livingston Columbia N. York
July 24 1834

Capt. Wilkes 76 omitted in 78 - work revised in 79
31767
In the Matter of Jeremiah Burgher for a Pension under the act of 1832 dated June 7 th
Address to Chas. O'Keltyne Livingston - Columbia - New York
Act 7 th June 1832

James M. Dwyer,
claims to have served in 1779-80-81 under Capt Cook. Col Van Benschoten objects by Dept that they have no evidence of the existence of such a Regt. Letter, Dec 16, 1835; claims in a subsequent declaration that the eight months service was rendered Capt Harry Pawlings Co. Payrolls of that Co. do not bear his name. Two credible witnesses required - Letter 27, Aug 8, 1836. No difficulty in allowing the service sworn to by Sparstuck, in Capt Woods Co Col. Pawling, in 1781 of the other terms rendered at periods of which there are rolls, were verified by them, notwithstanding the objection to his age, 14, years. Letter May 16, 41 B. alleged service of 8 months in 1778, under Capt Wood Col. Pawlings 6 mo. in 1780 under Capt Cochran Pawlings 6 mo. in 1781, under Capt Cochran Col. Van Benschoten Required to furnish evidence of the last two from Compt's Office Albany. - no objection would be made to service under Col. Pawling not furnished June 24, 1846.

Person offered for the a portion of the service claimed was on condition that evidence of the service disputed should be admitted. Failure throws additional distrust on the whole. letter Dec 4, 1846. to W. H. Clarke.
Five statements made by claimant, in no one of which does he allude to service subsequent to 1781. Letter to W. H. Clarke.
Sept 7. 1849.

Hudson N York October 23 rd 1841.
Sir,
Yours relating to Jeremiah Burge of the 19 th inst t is received. Jeremiah Burge did make a Declaration a long time ago.
I refer you to his paper & to your letter of the 19 th of May last & my letter in answer thereto.
I would here repeat what I claimed in that letter viz. That you allowed Jacob Spangbigh the witness of Burge for services & no s in 1778 I think although no roll could be found. That Spangbigh appeared very positive that Burge served with him. & that probably Burge served with Spangbigh in 1778, when no roll can be found.
My former letters contain all that I should now feel disposed to say & it is requested that they be returned.
Burge says he was a considerable of this time back on the Delaware River in this state & that the company was divided into Detachments.
Hon. J. L. Edwards,
Yours truly Whule. H. Clarke.

Sir,
Hudson N York Oct 14. 1841. 1841
I some considerable time ago wrote you respecting the application of Jeremiah Banger who claims a pension under act of 7th June 1832,
His witness Jacob Spangburgh states that said Banger served with him one 9 months tour,
Said Spangburgh is allowed for 8 months in 1778 though no roll of the company can be found and as Mr. Banger is not found on any other roll, it is presumed that he served in 1778. My last communication contains my views upon the subject more at length, to which I would refer you
Very Respectfully Your mo st ob dt Serv t ,
Charles H. Clarke.
Hon ble J. L. Edwards.

Sir,
Hudson N York June 23 d 1841.
I returned from Albany this morning where I went to make search for the services of Jeremiah Burgher. I made a pretty thorough search & I am sorry to say I could not find his services.
Since receiving your letter relating to his business dated May 19 th last, Mr Burgher has been in to Hudson about 18 miles to see about it. He appears to be mortified & hurt on account of his ill success.
He cannot see, he says, why he should not receive a pension. He says they lay during the summer a great deal on the Delaware River back of Kingston in squads of part of the company.
As before observed Jacob Spaurburgh was his witness & Spaurburgh affirmed positive he served with him. I have no doubt in my own mind but that they served together one time & I am inclined to believe they served together in 1778 the year you have allowed Mr Spaurburgh for 7 or 8 mo s service, of which there appears to be no record.
If therefore you see fit to allow Mr Burgher a pension for 7 or 8 mo s service in 1778 it would I think be doing him in part justice & it would be a great consolation to him.
If he did serve as he states, it undoubtedly seems to him cruel & hard that he does not

get some reward as others do who served with him. I hope you will conclude to give him a small pension based on his own claim - confirmed by his oath made as soon almost as the act passed and also based on & supported by the oath of Jacob Sigubough,
I am respectfully yours,
Wheeler H. Clarke
Hon. J. S. Edwards Esq.

Hudson N York
May 10th 1841.
Sir.
Jeremiah Bingham applied for a pension under the act of 7th June 1832 & as yet has been unsuccessful.
His only Witness is Jacob Hamblin who swears that he & Bingham served together.
Hamblin has been allowed for 8 months service in Captain Wilson's company in 1778. Or in Captain Wood's company in 1778, which I do not distinctly remember.
Will you look at the list of men under Captain Wilson & Wood in 1778 & see if Bingham is not among them.
If so I presume you will allow him a pension for what you find if it amount to 6 mos.
Resy Yours
Wheeler H. Clarke
Col. L. Edwards Esq.

My dear Sir,
Permit me in the case of Jeremiah Banger or Binger to make a few additional observations. In conversation with him he said that Dusen & Hovenburgh were two of his officers & he thinks Henry Pawling was Captain. His mind is much confused about it, but I find there were such officers & I believe the only way that any thing can be ascertained is by looking over the old pay Rolls in your possession. I find in our company when I expended to find his name one certificate not issued & I found one "Zekariah Banger" & "Silas Binger".
Please to look over the Rolls of his unit Regiment in 1781 & 1782, as Henry Pawling was I think a captain in one or both of those years.
Of the old Pay Rolls do not elucidate the claim & cannot see any way it can be done.
Respectfully Yours,
G. M. Crump Esq.
Whitelaw H. Clancey
Hudson N York Jan'y 21 1840

Sir,
I am requested by Mr. Jeremiah Burger of Gallatin to assist him in obtaining his pension. Chas. Esseltyne Esq of Livingston in this County has up to the present time acted as Mr. Burger's agent but as Mr. Esseltyne is very much engaged in his business in farming & other avocations he was desirous that I should undertake it. I have looked over the papers which Mr. Esseltyne handed me today but cannot learn any thing very definite from them. Your letter of the 19th August 1834 is before me. By which it appears that Mr. Burger had alleged 9 mos service in Paudings Regt in 1778. in Capt. Wood's company. and he mentions Pauding I think as St.
Mr. Burger may be mistaken in this statement, as far as I can learn Henry Pauding was not St in Wood's Company in Paudings Regt. Henry Pauding was St in Robert Hunter's company in Albany  Sar. Paudings Regt. in 1779. and Mr. Burger states that Jacob Spangburgh was with him in a 9 mos. tour. This Henry Pauding appears to be well remembered by Mr. Spangburgh and by Mr. Burger. and they both say they served under him in the same town - which I think will turn out to be in 1779. My reasons for thinking so are these,
First because Jacob Spangburgh's name is found on the Record in Vol 2 page 18 in Robert Hunter's Company Henry Pauding St in Albany  Sar. Paudings Regt in 1779.

Second, because " Zechariah Burge " is found in the same company which I think is wrongly transcribed.
Third, because Mr. Burge can give a list of several persons names who served in this company with him - and he is correct so far as he states them, In particular he mentions John A. Fink and Spangenberg says that John A. Fink was one of his "Mess". Mr. Fink died in Dutchess County his dead, I wish his statement of things not examined to see if he tells the story as Mr. Burge does, and Mr. Spangenberg does.
You have I believe the original Pay Rolls upon which I presume you will find Jeremiah Burge instead of " Zechariah Burge ".
It is also desired that you re-examine the two town of Ohio, each alleged to have been served by Jeremiah Burge if he has rated them too high please allow so much as you shall deem just.
I have two depositions, one by Mr. Spangenberg taken in 1839 & one by Mr. Burge taken in 1834, but as you have their depositions I deem it unnecessary to send them,
Very respectfully Yours
Wm Crump Esq
Wheeler A. Clarke
Hudson N York Jan 3 d 1840.

  ap 78  Wood - Vanbenschoten. Rawling-  9 mo.    80  Coning Rawling     81.  Cover  6.     "   

No answer to be given to this
Aug 24/1846 with • Aug 20
Rec car B J. Bunger.
Internal Agent Washington City
10

at Washington
August 20 th 1846 To Mr Edwards Pension Master Sir I have been Informed by Mr. Newman Esquire that my services rendered in the Revolution where in the year 1767 this is an Error for it was in the year 1783 Under the Command of Colonel Paul I wish you to correct that mistake Yours with Respect Dated at Gadsdenville August 20 th 1846
Jeremiah Burger

Hudson, New-York. May 24 th 1849.
Sir.
Jeremiah Berger, called here this Spring to see me, Some one had written him a letter about his application for a pension.
You will probably remember Mr. Berger's app n . under act 7 th June 1832.
Berger is still living in this county. My object in writing this letter is this. Mr. Berger when I last saw him said his service, a part of it, was in 1788 in the New York State Troops. His former statements I think varies a little from this so far as regards time.
I now state this, so that Mr. Berger may have the benefit of this allegation, if any (any) should be found hereafter.
I have been informed that some old documents have been found recently at Baltimore Maryland & which had been owned there in the year 1812.
Res t Yours
W. M c Culloch Clarke
Hon. J. L. Edmands,

ny
—
Oct 1832

State of New York County of Dutchess
Be it Known, that on this Eleventh day of November A. D. 185 2 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Jeremiah Burger
resident of Gallatinville  Columbia in said County, and made oath according to law that he is the identical man who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 1841
That he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint C. W. BENNETT , of Washington City , my true and lawful Attorney to prosecute the claim of Jeremiah Burger any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Jeremiah Burger
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said
Jeremiah Burger to be directly interested in said claim as set forth, and to be the identical party
Henry K. Root
Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of _____ that Jeremiah Burger the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the identical reputed soldier aforesaid. I further certify, that _____ Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office,
this _____ day of _____ 185_____
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

STATE OF NEW YORK, { ss. COUNTY OF DUTCHESS, {
I, Joseph T. Adriance , Clerk of the County of Dutchess, and of the Courts of said County, DO HEREBY CERTIFY, THAT Henry Knickerbacker Esq. whose name is subscribed to the annexed Jurat or Certificate, and thereon written, was at the time of taking the same a Justice of the Peace in and for the County aforesaid, dwelling in the said County, duly elected and sworn, and authorized to take the same. And further, that I am well acquainted with the hand- writing of the said Justice, and verily believe that the signature to the said Jurat or Certificate is genuine.
In Testimony whereof, I have hereunto set my hand and affixed the Seal of the said County and Courts, this 4 day of Decr A. D. 185 2
J. T. Adriance Clerk.
is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of _____ that Jeremiah Burges _____ the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the 10  Idontele _____ reputed soldier aforesaid. I further certify, that 11 _____ Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and fixed my seal of Office, this _____ day of _____ 185 _____
12
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

Washington City
June 5 th 1853.
Hon S. P. Hilds.
Com r of Pensions Sci.
I have the honor to enclose herewith a power of attorney executed by the heirs of Jeremiah Berger. of the state of New York whose claim has been suspended under act of July 7 th 1832.
I hope to be enabled to file additional evidence. in the case sufficient to establish the claim before it comes up for examination.
Very Respectfully, Your Obedt. Servt. G W Bennett

Case of Jeremiah Pugh
Act of 1831
To Hon. J. L. Edwards Commr

Hudson New York Nov 19 th 1846,
Sir,
I send you enclosed the original drafts of Jeremiah Burgher's Statement & Jacob Spambucht's affidavit, in the hand writing of Charles Bretigny Esq r , who first had the charge of Mr. Burgher's business.
It is not claimed that these drafts are Evidence but being the first statements, not intended to meet your eye, they afford a strong corroboration of the Evidence heretofore sent in the case.
The records at Albany have been searched for Jeremiah Burgher's services, without success.
In your letter of the 19 th May 1841 in this case you state "that Jacob Spambucht's services in Capt Wood's company was in 1781, but he was allowed for 7 months service under Capt Wood & Col Pankhings Regiment in 1778. as explained in my letter of 18 th of December 1839 herewith enclosed."
You further say in the letter of 19 th May 1841 "there would be no difficulty in allowing the claimant for that service if the other terms rendered at periods of which there are rolls were verified by them notwithstanding the objections which might be made to his age."
Jeremiah Burgher is still alive & has many times, very recently, requested me to apply again in his case. Mr. Burgher is poor

and a little would make him comfortable during the remainder of his life,
A pension for 18 months, service in 1778 is now asked, Mr. Burgher would consent to it as the amt would then be considerable.
You will observe in the original draft the States Union in Woods Company in 1778 & States when the State Company went.
And Spaulding's draft statement agrees therewith & stating services from Apr to Jan. I know it may be urged against Mr. Burgher that the rolls, which should contain his other services, are silent & but it should be considered that these records are defective & cannot be relied upon. I appeal to your experience upon the point. There are strong circumstances in favor of Mr. Burgher, to meet circumstances against him.
First, His claim was made early. He has repeatedly asserted his services. 2 witnesses have sworn they served in the same company with him & which they claim was 9 months; and this tour has been allowed to Jacob Spaulding, one of those wit- nesses, at 7 or 8 months.
I have before written fully upon this case to you particularly in my letter short prior to your letter of 19th May, 1846.
Please to excuse me in calling up this case again. I do it at Mr. Burgher's urgent request.

and after this app n to you I shall feel as though I had done for Mr. Burgher All I could do for him, A Pension for say 7 months service performed in 1778 is now asked by Mr. Burgher & would be gratefully accepted by him.
It is not to be expected in any case to request you to do what the Evidence would not justify, but is it not proper for you to make Considerable Allowance in Estimating Evidence in a case like this?
Can there be a doubt of the service of Burgher in the Rev. War, He has ever asserted it and his two witnesses assert the fact.
These depositions were made before the case came to my hands, and you have allowed paying to those witnesses for the town in 1778, particularly in Spaurburgh's case.
It is therefore respectfully requested that the papers in this case including the town and those in the cases of Spaurburgh & Mr. Burgher, his witnesses &c so many of them as you may deem necessary, be examined and your Allowance of 7 months in 1778 be granted.
Res d & truly Yours,
Whitcomb H. Clarke.
Hon. J. L. Edwards,

Power of Attorney Of Jeremiah Burgher.
Application under act July 7, 1832.
Susp for further proof of Specification.
N. York Rev. susp. rolls.
Deed Second L.P.M.
Tho. Burger, Livingston, Columbia Co. N.Y.

Know all men by these presents, That I, Thomas Burgher , of the county of Columbia , and State of New York , do hereby constitute and appoint THOMAS S. DONOHO & JOHN W. MAGILL, of Washington, D. C., jointly or severally my true and lawful attorneys, for me and in my behalf to prosecute my claim for a pension as son and attorney of Jeremiah Burgher, a soldier of the Revolution, who filed a claim under the act of July 7, 1832, and to receive such certificate as may be issued, hereby revoking any power of attorney which may have been heretofore given, and confirming all things that my attorneys, the said DONOHO & MAGILL, or either of them, may lawfully do in the premises.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal, this ninth day of August A. D. 1853.
Thomas Burgher [L. S.]
Acknowledged before me the day and year last above written.
Warren B. Whitbeck J. P.
STATE OF New York, COUNTY OF Columbia , ss:
I, David C. Keefe  County clerk of the court of the  Columbia County , within and for the county and State aforesaid, do hereby certify that Warren B. Whitbeck , before whom the foregoing acknowledgment was taken, was at the date thereof an acting justice of the peace, duly commissioned and sworn.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said court, this ninth day of August , A. D. 1853.
D. C. Keefe Clerk.

The Petition of Maria Burgher Widow of Jeremiah Burgher for a Pension on account of her husband's services in the Revolutionary war
presented by K. Miller
Committee on Revolutionary pensions
The Petition of Maria Burgher widow of Jeremiah, for a Pension on account of her husband's services in the Revolutionary war
May 20, 1856 Referred to the Committee on Rev Pensions
1856 July 19 Bill 469
To Committee on Revolutionary Pensions
Mr K Miller

To The Hon. Senate and House of Representatives of the United States, in Congress assembled.
The Petition of Maria Burgher the widow of Jeremiah Burgher, of Gallatin in the County of Columbia in the State of New York, a Revolutionary Soldier, begs leave most Respectfully to represent unto Your Honorable Body that she was lawfully married to the said Jeremiah Burgher, and as his widow would be entitled to a Pension under the Act of Congress of July 7, 1838, provided her husband was entitled. And she further Represents that her said Husband made application for a Pension in 1836 or before, under the Act of Congress of June 7, 1832, but that his claim was suspended for the reason alleged "for further proof and specification". That in consequence of the death of his comrades, there was but one witness whom he could procure; and the Pension Department not keeping his claim on the proof he furnished is the reason Your Petitioner has never applied to the Pension Office under said Act of July 7, 1838;
And Your Petitioner further represents that she is informed and believes there was legal & credible proof adduced to the Pension Office to support her husband's claim for

Nine months service; and if that be true she is unable to perceive why the Pension Department did not allow her claim. And as there are no living witnesses by whom she can prove his said service, she prays, that your Honorable Body will cause to be brought before her the testimony on file in the Pension Department, on which her said Husband's claim was based, & examine into the same and if it shall appear that there is satisfactory Evidence of the services of her said Husband, which would entitle your Petitioner to a pension, under the act aforesaid, she prays that your Honorable Body will pass an act for her relief & place her name on the United States Pension Roll, & paid as other Pensioners are paid for like services
And your Petitioner as in duty bound will
ever pray
Dated May 7. 1856
Columbia County ss.
Has Maria X Burgher mark
Maria Burgher being duly sworn says that she has heard the foregoing Petition read and knows the contents thereof that what is stated upon her own knowledge she knows the same to be true and as to those matters stated on information she believes the same to be true and that the foregoing Petition is signed by her Maria Burgher Sworn before me this 13 th day of May 1856
Charles H. Lewis, Justice of the Peace

State of New York
Columbia County ss Herman Vedder of the town of Gallatin County of Columbia being duly sworn deposes and saith that he is well acquainted with Maria Buyher the widow of Jeremiah Buyher that she is a member of this Church over which this deponent is placed as pastor That she is in good standing and that any statement she may make within her knowledge is entitled to belief That this deponent has known said Maria Buyher and her husband Jeremiah Buyher for about fifty years and that they during that time lived together as man and wife and were united together in Holy Matrimony and this deponent has no doubt that said Maria Buyher whom Petitioner in her complaint was the lawful wife of said Jeremiah Buyher as stated by her in her affidavit also her complaint and further this deponent says that said Jeremiah Buyher in his life time was a member of this deponent's Church and that he departed this life about two years ago as this deponent believes and further this deponent says not
Sworn before me this 13 th day of May 1856
Herman Vedder
Charles H. Loomis
Justice of the Peace

State of New York
Columbia County ss. Maria Buegher being thely sworne says that she is now aged Eighty Six years that she was married to Jeremiah Buegher in Staatsburg County of Ulster Co. about Sixty Six years ago and that she continued to live with said Jeremiah Buegher from the time of her marriage until his death which happened about the 9th of May 1854. at Galtula in said County of Columbia. This vponant says that she was married by the Rev. Mr. DeWitt but does not know that any record of said marriage was ever preserved. She recollects that one Thomas Pittston was present at the wedding of deponent and that she is informed that he is dead. She also says that Hannah Fife, the youngest sister of said Jeremiah Buegher was also present at said marriage and that she is still living in Paterson State of New Jersey - and deponent further says that she has frequently heard her said husband Jeremiah Buegher declare of the service he rendered in the several 'revolutionary war'. and she also heard him state that one Jacob Sparenburgh was with him in the service of the United States - and further this deponent says not
Sworn before me this 13 th day of May 1886
C. J. H. Lewis
Justice of the Peace
Maria Buegher Mark

Mrs. Burgher Widow of Jeremiah Petition passed in Committee 1 July 1856

Pension Office, May 25 th 1856.
Sir:
Pursuant to your request, I enclose herewith the papers in the case of Jeremiah Burgher, of New York, an applicant for a pension under the act of 17 th June 1832.
I have the honor to be Very respectfully Your Obedt Servt. W. Cole for Commissioner.
Hon d Jacob Brown, Chair m Com. Genl l Pension F d .

House of Representatives
Committee Room
Revolutionary Pensions
May 17, 1856
Hon. J. Menil
Comm. Pensions
Sir,
You are Respectfully requested to furnish for the use of the Committee on Revolutionary Pensions the Papers and Evidence on file in your Department in the claim of Jeremiiah Burgher for a Pension under the act of Congress June 7, 1832, whose application was made from the State of New York
Very Respectfully Yours all. Servt.
Jacob Brown Chairman Com ee

Evidence of marriage in fact.
Hannah Gibbs app.
9 Nov 1858

State of New Jersey County of Passaic ss . Be it remembered that on this Ninth day of May June A.D. one thousand eight hundred and fifty six personally appeared before me John Bensen a Justice of the Peace in & for the County and State aforesaid Hannah Gibbs aged Seventy four years a resident of Patterson in the County & State aforesaid to me known to be a person of creditability & being by me duly sworn did depose and say that she is well acquainted with Maria Burgher the widow of Jeremiah Burgher now deceased, late of the town of Gallatin in the County of Columbia in the State of New York, who was a reputed soldier in the Revolutionary war. That she was present and a witness to the marriage between the said Jeremiah Burgher and Maria Burgher, whose maiden name was Maria Stone; That she has known them to cohabit & live together, until his death, and that said marriage occurred at the house of called Staatsburgh Rhumboldt that time in the State of New York on or about the year Seventeen hundred and Ninety; That she knows of no other person living who was present at said marriage.
And further she saith not.
Sworn & subscribed before me
The day & year first above written
John Bensen Justice of the Peace
hannah G. Gibbs

MARIA BURGHER.
[To accompany bill H. R. No. 469.]
JULY 19, 1856.
Mr. K. MILLER, from the Committee on Revolutionary Pensions, made the following
REPORT.
The Committee on Revolutionary Pensions, to whom was referred the petition of Maria Burgher, widow of Jeremiah Burgher, a revolutionary soldier, for a pension, report:
That they have, agreeably to the prayer in the petition, caused the proofs submitted to the Pension Department, on the application of her husband for a pension, to be examined for the purpose of establishing her claim on the proofs then offered as to his services, the witnesses, as is alleged, now being dead. It appears in the declaration of the said Jeremiah Burgher, made on the 16th day of April, 1834, in open court, in the city of Hudson, county of Columbia, in the State of New York, to obtain the benefit of the act of Congress, passed June 7, 1832, and certified by the judges, that, in their opinion, after the interrogation of the matter, and after putting the interrogatories prescribed by the War Department, the said Jeremiah Burgher was a revolutionary soldier, and served as he stated. The services are related, in substance, as follows: That he was a native of the town of Stattsburgh, in the county of Dutchess, in the State of New York; that his father being a contractor for the supplies of the army, he was set to driving teams in 1777, but for this service he does not claim. When Esopus was burnt in 1777, after the team service, he volunteered, and served three days for that particular occasion; that in April, 1778, he volunteered in Captain Wood's company, in Col. Van Bentschoten's regiment of New York militia, to serve nine months, and served that period, and was honorably discharged the 1st of January, 1779; then six months as a volunteer private in the company commanded by Capt. Cornelius Paulding, in Col. Jacob Van Bentschoten's regiment—from the month of May till November, 1780; then he served as such volunteer in Captain Conor's company, in Col. Van Bentschoten's regiment, from April to October, 1781. The declaration claimed services, in the aggregate, to one year nine months and three days, and only nine months' services were proved, as appears by the testimony of one Jacob Spaunenburgh, whose veracity is sufficiently vouched for by the certifying officer. For the deficiency in proof, the Pension De-

partment called for further proof and specifications, and the case was placed on the suspended files, awaiting the called-for proofs. On the 22d of August, 1836, a supplemental declaration was filed in the Pension Office, but subject to the same objections as before. In this situation the case remained until his death, which occurred on the 9th day of May, A. D. 1854.
In support of the claim of his widow, it is made now to appear, to the satisfaction of your committee, that the said Jeremiah Burgher was a volunteer private in the company of Captain Wood, in Col. Van Bentschoten's regiment of New York State militia, in the nine months' service—from April 1, 1778, to January 1, 1779—in the revolutionary war; and that he was honorably discharged, and was entitled to the provisions of the act of Congress of June 7, 1832, for nine months' service. That the said Maria Burgher was his widow, and that she was married to him, the said Jeremiah Burgher, in Statteburgh, in the county of Dutchess, in the State of New York, in the year seventeen hundred and ninety, as proven by the testimony of Hannah Gibbs, who was an eye-witness of the marriage ceremony, and who is certified to be a person of credibility; it being shown that there are no public or private records of said marriage in existence, and that there are no other living witnesses of said marriage.
Your committee are therefore of opinion that the prayer of the petitioner ought to be granted, and they report a bill accordingly.

Washington City D.C. Jan. 24 th 1857
Sir
The enclosed, "An act, H. R. 2169. For the relief of Maria Burgher, widow of Jeremiah Burgher" Is herewith transmitted to your office for such information as may be found, (if any,) on the files in your depart- ment
Very Respectfully
Your obed t Serv t
Geo. W. Jones
Chm Com. on Pensions
U.S.S.
Hon. Geo. C. Whiting Comm d Pensions

Pension Office January 28 th 1857
Sir
I herewith return the papers in the case of Jeremiah Burgher of N.Y. whose widow Mariah has petitioned Congress for the pension which he claimed he was entitled to for alleged services in the war of the Revolution. One witness swears that Burgher did serve 9 months, from the Spring of 1778 to 1779. This Office has not attempted to discredit the statement of the witness, but has insisted that the allegations should be sustained by the adduction of record evidence, which ought to be found in the office of the Comptroller of New York. It is no reflection upon the veracity of a witness, to be careful how we receive his testimony in relation to the duration of service rendered so many years before the filing of his affidavit. It is not singular that, as the soldier looks back to the hardships & privations of his meritorious services, they should rather grow than diminish; daily experience teaches us that hours of suffering seem to stretch away

into days; the lapse of years lengthen those imaginary days into weeks. This is an infirmity from which the stoutest heart, with the best balanced mind is not free, and which meets the ready sympathy of every one, but the stern rules of law require the best evidence the nature of the case will admit of, and if no satisfactory proof can be obtained, the misfortune is with the claimant; the fault nowhere. = This office, then, could not grant the allowance because the proof of service is so meager and because it has not been shown that better and higher proof does not exist and further the widow has not shown when her husband died, nor proved the date of her marriage by competent testimony, Hannah Gibbs says the marriage occurred about 1790 rather than 1794 & this is most material.
I am very respectfully
Your ob't Serv't
W. C. Voluntary Commissioner
Hon. G. W. Jones Chairman on Pensions U.S. Senate

294,264

Hudson, New York, Sept. 17 th 1858.
Sir,
I send Mr. Burghers application for Bounty Land.
There is I think a possibility that Mr. Burgher has applied under act of 3 rd March 1855, which required record proof.
The act of 14 th May 1856 I think relieves her case and that now you will have no difficulty in allowing Mrs. Burgher this Land.
The testimony of Van Benschoten, Spaunbergh, Fort Bash & I think others will relieve it of any objection under the acts above named.
Mr. Burgher first employed Mr. Esselstyn, then he employed me & I find my last count was in 1846, nearly 12 yrs ago.
The case has certainly been pressed with some pertinacity & there is something remarkable in this case. Burgher in his life time was very much in earnest about it, & seemed surprised & disappointed when he did not succeed, & my letter of Nov. 1846 was an earnest one, inspired by his persistent & earnest assertions that he served in the Rev. War as he had averred. I hope you will send this warrant soon.
Res t Yours Wheeler H. Clarke, Hon. The Com r of Pensions,

294, 264 Maria Burgher, widow of Jeremiah Burgher, Rev. War.
Wheeler H. Clarke, Hudson, New York.

State of New York County of Columbia } ss. On this 17 th day of September A.D. 1858, before me (personally appeared) Wheeler H. Clarke, a Commissioner of Deeds in & for said County & State personally appeared Maria Burgher a resident of Gallatin County, State aforesaid, who first being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the act of Congress passed March 3 rd 1855 & 14 th May 1856, that she is (87) 87 years old and is the widow of the late Jeremiah Burgher, who served in the Revolution- ary War as stated by him in his applica- tion under act of 7 th June 1832 and under the acts of Congress whereby she here- applied for a pension as the widow of said Jeremiah Burgher. To which she refers. That said Jeremiah Burgher is dead & died about 4 years ago.
That she was married to said Jeremiah Burgher, Rev. John DeWitt,
as stated in her said application for a pension. That she applied for a pension under acts of 1838 or 1848.
Charles Esselstyn Dey is still her attorney in prosecuting her claim for a pension.
Declarant further says she does not know whether she has applied for Bounty Land under any act of Congress, but she is almost sure that she has not applied under act of 14 th May 1856. She is sure she has never had any Bounty Land or pension.

Declarant further says she has not seen Mr. Spitzlyne for a long time & knowing Mr. Clarke, had been her said husband's Attorney the yesterday being in Hudson sent for him she called upon me & at my request draws this Declaration for me, who informs me that under act of 14th May 1856 he considers me entitled to 160 acres of land on the testimony of the witnesses, Van Benschoten Shambergh, & Tar Bush, and my wish is that in case you see fit to allow this 160 acres of land for the Revy services of my said husband said Jeremiah Burgher And I refer to the evidence on file with my said husband papers, & the proof, in my own application for a pension or for land, & She makes this Declaration for the purpose of obtaining the Bounty Land to which she is entitled as the widow of said Jeremiah Burgher, as she is still his widow not having intermarried since his death.
And she further avers that her said husband said Jeremiah Burgher continued in actual service in said Revolutionary as many as 14 days in Captain Wood's company of State troops in the State of New York in 1778, 1779 or 1780. as she verily believes.
her Maria X Burgher mark

We Sarah Hallenbeck & Catharine Dunning, residents of Hudson County of Columbia State of New York upon our oaths declare that the foregoing declaration was signed & acknowledged by said Maria C Burgher in our presence and that we believe from the appearance & statements of the applicant she is the identical person she represents herself to be and that we have no interest in this claim.
Deponents further say that said Declarant is well known to them that time for more than ten years past & that the declarant is a widow the widow of said Jeremiah Burgher, We are the grand daughters of declarant.
Wes
Sarah Hallenbeck
Catharine Dunning
The foregoing declaration & affidavit were sworn to & subscribed before me on the day & year above written, & I certify that I know the affiants to be credible persons, that the declarant person, is the person she represents herself to be and that I have no interest in this claim.
Whitelaw H. Clarke, Commissioner of Deeds.

State of New York County of Columbia & ss. I David C. Mepham Clerk of said County this 18 th September 1858 do hereby certify that Wheeler H. Clarke whose name is subscribed to the foregoing certificate was at the time of making the same & still is an Commissioner of Deeds in & for said County duly appointed and qualified and duly authorized by law to administer oaths and that I am acquainted with his handwriting and that his signature to said certificate is genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of said County this 18 th day of September 1858.
D. C. Mepham Clerk

Hudson, New York. Sept. 11 th 1861.
Sir.
I was employed by Maria Burgher, widow of Jeremiah Burgher, a Reg t Soldier to obtain Bounty land, under acts of 1855 & 1856. By looking at her papers and at her husband's papers you will find that I have been employed & Mr. E. Stetson also & perhaps others in trying to get a pension for said Jeremiah in his life time and for his widow since his death.
The papers constituting this claim & the evidence taken therein, form a considerable volume, of which I have now no copy. My intention was to come on to Washington to look over the evidence, but I have not found it convenient to do so.
On the 29 th Sept r 1858 the Com r of Pensions wrote me a letter, in response to my app n for Bounty land for Mrs. Burgher, to which there are objections.
The Com r had decided that the evidence in the case was unsatisfactory & not sufficient to entitle either Mr or Mrs Burgher to a pension.
The Com r in his letter of 29 th Sept r (1858) 1858 says, "The same objection to the allowance of this claim suggests itself, as was present in the claim for a pension. The proofs filed

"Establish a service of six months, if it were "admitted that such proofs establish a "service of fourteen days, I do not see "how the claim for land could be allowed "upon the evidence filed without also allowing "that the claim to a pension was established "ear
It appears to me first that sufficient proof can be found in the case to establish forever a claim for Bounty Land, whether that fact would entitle her to a pension is a matter of no consequence in the present app n . Then let us see what proof is necessary to entitle Mrs Burgher to Bounty Land. First proof of marriage, this is conceded & sufficiently proven.
Second, Record Evidence of 14 days service, We admit that there has not been found any record of this service, and aver that no record exists. This I think is conceded by the Govt, i.e. that no record exists. Third the proof by witnesses in presence of Circular A. to Wit.
"Two credible witnesses, who were in the same "service or in a situation to know the facts "about which they testify."
I do not know that Mr. Estlin, Esdaile added any testimony to what I furnished in the case, after I was employed.

I have before me the rough draft of my letter to the Com te of Pensions, sent in Jeremiah Burgher case, dated Nov 19, 1846. By this letter I refresh my recollection of the Evidence in the case.
His witnesses are Jacob Spambrough, Herman Van Benschoten or Van Benschoten & John Tarbus. (Tarbus) This testimony I think was obtained for Jeremiah Burgher before I was employed in the case.
I think I obtained Spambroughs testimony de novo. I also obtained John Tarbuses aff ft . Three witnesses assuredly testify posi- tively that Jeremiah Burgher served with them, in the same company & all these three are on the rolls at Albany.
If you refer to Spambroughs & Buskes or Tarbuses application act of 1832 you will find my agency in their cases, or in their widows, and I know that all three of the witnesses were in service in the war of the Revolution.
Does not this evidence meet the requirements of the act and of Circular A. I think so. I desire to have this claim again Exam- ined and see if the widow is not entitled to bounty land. I do not see why the Com te of Pensions should have regarded at all, what effect his decision under this claim would have on her claim for a pension.

The decision on this application is entirely an independent act & has no necessary connection with the other. True the claim to a pension can be established by parole testimony, but your Circular A creates a difference, which only has regard to appropriation Land. Circular A defines what testimony is sufficient to obtain lands, but I think you have no circular defining what parole evidence will be satisfactory in obtaining pensions. Then it stands thus,
Circular A in a case like this requires the testimony of two witnesses, who were in the same service, or in a situation to know the facts about which they testify. I am satisfied the Comr would have allowed this Land if no claim had been made & rejected for a pension, and it seems to me that this claim for Bounty Land should be adjudicated in the same way by the same rules, that it would have been, if no claim for a pension had ever been made,
I wish the Comr would examine this case over again, & make his decision without reference to any extraneous circumstances.
Respectfully, Wheeler A. Clarke.
Hon. J. H. Barrett, Comr.
Maria Brinker Claim
Act of 1855 & 56

Pension Office,
September 24 th 1861.
Sir,
In reply to your letter of the 11 th inst, I have to inform you, that the declaration, and all the evidence, in the case of Jeremiah Burgher, and of his widow Maria, were, several years since, transferred from the files of this office to Congress, on the presentation to the Senate of a petition by her for a pension, and that they have not since been returned. The case having passed entirely out of the jurisdiction of this office, it is not in my power to examine the claim for the purpose either of affirming or reversing any decision heretofore made,
Very Respectfully
Your obt. servant,
Jos. H. Barrett,
Commissioner
Wheeler H. Clarke Esq.
Hudson,
New York,

Wheeler W Clark Esq., Hudson N.Y.
Pension Office Sept 29, 1858
Sir
I have examined & suspended the County land claim of Maria Burger widow of Jeremiah. The same objection to the allowance of this claim suggests itself as was presented in her claim for a pension. The evidence of her husband's service is not satisfactory. The proofs filed in support of Mrs. Burger's claim to a pension establishes a service of six months, if it were admitted that such proof established a service of 40 days, I do not see how the claim could be allowed upon the evidence filed, without also admitting, that the claim to a pension was established. The evidence upon which you rely for the admission of the County land claim proves over six months service, if it proves the service at all. The claim to a pension has been repeatedly suspended & I can see no justifiable reason for changing the decision therein.
Yours
Geo O Whiting Comm Pensions

Hudson, New-York. Sept. 25, 1858.
Sir,
In Maria Burgher's Claim No. 294,264 you were by her Declaration referred to the paper filed by her said husband Jeremiah Burgher a Rev. Soldier, to his paper proof, filed under act of 7th June 1832.
And you were also referred to her Application made under act of Congress as his widow for a pension.
During the present week & since I sent Mrs. Burgher paper for Bounty Land

under acts of 3 rd March 1853 & 12 th May 1856, I have seen Mr. Estlin, who informs me that an application has been made to Congress by said Maria Bingham for a pension. That the bill passed the House of the Congress that preceded the present one & was sent to the Senate for concurrence.
And I therefore presume that all the papers relating to by Mrs Bingham in her said claim for Donitz Land are on file, most probably in the Senate.
H. N. Gilbert Esq. of Washington D.C. had the charge of her business before

Campup, His residence is 548. Penn t Avenue South, Side, North Side,
Reference is made therefor in her claim as before to the same papers,
Re: Your obs c , Wheeler H. Clarke.
Now, G. C. Whiting, Com ss rs.

Hudson, New York. Sept 27th 1861.
Sir,
The widow of Jeremiah Bangerter has applied for Bounty land under acts of 1855 & 1856. for the Revolutionary Service of her husband.
The Com. of Pensions letter to me is inclosed herewith.
The petition of Mrs Bangerter and all the proofs are it would seem in the Senate of the U.S.
The question arises here, how can I obtain the proofs to send to the Bounty Land office?
First, Can you send the papers to the pension or bounty Land office?
If you can, will you? I wish you would.
If you cannot send the papers to the Com. of Pensions.
Then, will you cause the Original Declaration of Jeremiah Bangerter and the deposition of the persons, who were his witnesses, and who were witnesses for his widow to be copied and certified and sent to the Com.
I do not think of any other way in which I can get this evidence before the Com.
I see no objection to sending the whole of the papers to the Com, leaving a memorandum of the disposition

made by you of them; and if any one hereafter thinks proper to make or renew the offer for a pension to Congress they can easily find them.
I think Mr. Gilbert of your City is the Atty and you might drop him a note, or drop a note to the Atty whoever he may be.
You will see by looking at the papers in this case that John Epseltyne Esq was first employed by Dea Burgher, then Sam, engaged. & continued so engaged until 1844.
Please if you comply with my request to inform me, I am very desirous of having all the papers sent to the Commissioners - and hope there is no objections to this method of proceeding.
Res d Yours,
Wheeler H. Blake,
To the Clerk of the Senate of the United States Washington, D.C.

I leave my bonds to Clerk of Senate open so that you can look over it if you like. C.

Hudson, New York Sept 27th 1861.
Dear Sir,
I enclose a letter to the Clerk of the United States Senate.
It contains a request that he send Jeremiah Bengher (and his midown) papers to your office to be used as proof of said Bengher's services in the Rebel Army. Proof of marriage &c Mr. Bengher applies for Bounty Land.
Please forward the enclosed.
I hope on his sending you said proofs you will examine them, and if satisfactory will send me the certificates for Bounty Land.
Very respectfully yours,
Wheeler H. Clarke.
Hon. J. H. Banto, Com'ta.
I think the former Comr of Pensions decided Mr. Bengher's app n for Bounty Land without examining the proofs. The proofs probably then not being in his office.

Office House of Reps. U.S. November 2 1861
Sir
At the request of Wheeler H. Clarke of Hudson N.Y. I transmit here with the papers in the case of Maria Burgher widow of Jeremiah Burgher for a revolutionary pension.
I am very respectfully Your Ob t Serv t
Dan l Bruck For the Clerk H o Reps. U.S.
Joseph H. Barrett Esq. Com r of Pensions Washington D.C.

Penguin Office. Nov. 4 th 1861.
Sir,
In reply to your letter  enquiry of the 29 th ult. I have to inform you that there is nothing due to the children of Oliver Wolcott for any of his services in the Revolutionary war Jeremiah Burser - 1835, December 1835-
2 nd In April 1780, served under capt Cook. Col Van Benschoten & served till Dec, 1780, 7 months -
In April 1781, he served under capt Cook, in the militia same Colonel till Dec, 1781. eight months.
3 rd September 1835: Served. in the years 1779 1780, 1781, under capt. Cook, Col. Van Benschoten, Served under capt Paudling. Col. Hardinbush. Served by drury team.
1834 Same, 2 nd 9 months, from April Jan'y, 1778, Capt Wood. - Henry Paudling Lt. Col. Levi Paudling or Major. discharged 1 st Jan'y, 1779. 6 months from May 1780, under Capt. Paudling. 6 months from April 1781, under Capt. Cook.

Washington
17 Dec 1861.
My dear Sir,
Senator King made the motion to have the papers in the case of Maria Hughes taken from the files of the Senate and sent to the Commissioner of Pensions. But upon inquiry at the office of the Sec y of the Senate I ascertained that the papers were on file in the House. I therefore got Mr Dull, Chairman of the Com ee on Revolutionary Pensions in the House to make a motion to have the aforesaid papers

taken from the files of the House & sent to the Commissioner of Pensions. The motion was carried & the papers may be obtained or examined in the office of the Commissioner of Pensions.
Very Respectfully Stephen Baker
Charles H. Clarke Esq,

Hudson, New York, Dec 21, 1861.
Dear Sir,
I enclose the letter of the Hon. S. Baker M.C., by which it appears that probably Maria Burches papers are in your office, I with Mr. W. H. Clapp Examined for Bounty Land, No 294, 264.
I make no doubt but that the evidence under your rules will be amply sufficient to prove her Entitled to Bounty Land under her application.
She has applied also for a pension, in reference to which I do not now intend to write.

its consideration upon you.
Nor will I claim in case you allow bounty land on the widow, that that fact will preclude you from denying her claim for a pension.
Let each for the present stand in dependence of the other.
At your earliest conve- nience I hope you will examine & decide this claim for land.
Res t of Yours Wheeler H. Clarke.
Hon.
J. H. Barnett.
Cour t of Pensions.