Revolutionary War Pension and Bounty Land Warrant Application File W. 17395, Stephen Burgess, New York

SERVICE
NUMBER
New York
Burgess, Stephen Elizabeth
W. 17395
B.L.Wt. 34523-160-55
CONTENTS

201.946
Act 3 rd March.
Aug 14/55
Elizabeth Burgess widg
Stephen Burgess Rev.
Capt Simeon Corporal Merrill
Col Marinus Willet
34523
Rev. War.
Rev. Pensioner.
N.Y. July 48-3109
AD: 160 Acres July. 11 1856
VA
B. R. H. H.
Isaac N. Coffin. Present.
Henry A. Clark Bainbridge
Vol. B. 147.2

3109 New York. A.
Elizabeth Burgess, widow of Stephen,
who served in the Revolutionary
N.Y. war, as a Corp t & Serg t
Increased from $38.86 Inscribed on the Roll at the rate of 75. Dollars 36.
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 28 th day of Sept. 1837 and sent to
C. W. Coffin. Present:
Recorded on Roll of Pensioners under act February 9, 1848, Page 167 Vol. 2

LR. H. P. Ives.
June 22 d 1864.

State of New York County of Saratoga } ss
On this Tenth Day of September 1838 personally appeared before me the undersigned a Justice of the Peace of Ballston Spa in and for the County of Saratoga, Susan Root, a resident of the town of Ballston Spa, County of Saratoga, and State of New York aged Sixty five, Years and who being first duly sworn According to Law doth on her oath depose, and say, that She is the Sister of Elizabeth Burgess now residing in the town of Lexington County of Green and State of New York the widow of Stephen Burgess deceased. That the said Elizabeth was lawfully married unto the said Stephen Burgess on the 6 th Day of March in the Year 1792 at new Canaan Columbia County New York. by the Rev. John Camp. a Presbyterian or Congregational Clergyman then settled in that Place. that the marriage was duly consummated at the house of the said Clergyman in the presence of this Deponent. That deponent was present at the solemnization of said marriage with a young man named Benjamin Hutton and the family of the said Clergyman. all that were present to the best recollection of deponent. That said Clergyman is Dead. and the other persons present. She knows not what has become of them. That deponent and the said Elizabeth and Stephen Burgess then resided in the said town of new Canaan. That said Elizabeth and Stephen immediately after the marriage went to house, keeping together as husband and wife, and even after continued to live together as husband and wife until the death of said Stephen Burgess. That the said Stephen Burgess died at the house of Deponent at Ballston Spa. New York on the fourteenth Day of October 1829. Deponent was Present at his death. That the said Elizabeth

Was left surviving as his widow and has ever since remained unmarried. That Deponent has always understood, that the said Stephen Brungess was a soldier of the revolution and served as such in the revolutionary war.
Susan Foot
Sworn and subscribed before me, the undersigned the day and year first aforesaid, and I further certify that I am personally acquainted with the said Deponent Susan Foot, that she is a credible witness and her statements entitled to full credit.
Eliphalet N. John, Justice aforesaid.
The erasure made in the above affidavit of the words the town was made in presence of deponent and before signing.
STATE OF NEW-YORK, } ss. Saratoga County Clerk's Office, }
I, Alpheus Goodrich, Clerk of the county of Saratoga, Do Certify, That Eliphalet N. John before whom the annexed affidavit purports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for said county, and that I am acquainted with his hand writing, and verily believe his name subscribed
to the said affidavit, to be his proper hand writing and signature.
Witness my hand and seal of Office, the fourth day of September 1838
A Goodrich Clerk

Am May 30 '43
St. Brigid Drogheda Edward Bagn Mission Agent
Wilmington
St. Brigid 27 May

Dear Sir
Please to send me the Pension act of Last Session. allowing the further Pension for one Year. to Pensioned Widows, also your opinion upon one point. that is. Where an application is made for a Pension and affidavits Positive- Setting forth a Service of a Soldier for more than 15 Months. and all other matters Proven necessary by Law. and after all the Proofs its ascertained by the records. that his name is recorded as having served 15 Months and a Pension allowed according to the records and no attention paid to the affida- vits. at all. but they entirely put one side. I say, I ask is which the rule of right. - in these Cases. if not will it alter the matter any by proving that he the Soldier volunteered first for Seven months and afterwards enlisted for 3 Years. or during the War and further I wish information What the date is of the enlistment or discharge for your records. of Stephen Burgess. a frank and impartial answer is requested. in behalf of my poor Widowed Mother. Who now lives upon the Charity of her Children although all poor. and you will confer a favor upon me, Humble Servt.
Baintidey May 26 th 1843
Chenango County, State N. York
MRS. Burgess

201946
Claim of Elizabeth Burgess To Bounty Land
Act of March 3 rd 1855
War of 1812 - the Revolution
A widow of Stephen Burgess who now draws pension part of Service, Marriage and death all on file
Presented by Henry A. Clark Bainbridge Chenango Co N.Y.

Declaration and Affidavit by the Widow of a Deceased Officer or Soldier.
STATE OF New York } ss: COUNTY OF Greene
On this nineteenth day of July A. D. one thousand eight hundred and fifty  five personally appeared before me, a Justice of the Peace within and for the county and State aforesaid, Elizabeth Burgess aged Eighty four years, a resident of Lexington, Greene County in the State of New York who being duly sworn according to law, declares that she is the widow of Stephen Burgess deceased, who was a
Sergeant or private  deponent does not remember which for certainty in the company commanded by Captain Simon Nevell in the regiment of Militia commanded by Col Mearns Willet in the war with Great Britain  declared  by the United States on the  day of  1776  18  That her said husband enlisted at  on or about the  day of  A. D. 18  for the term of  fourteen and continued in actual service in said war for the term of fourteen days and upwards and was honorablely discharged
She further states that she truly refers to the Records, and Evidence now on file in the Pension Office, and to the Evidence of her marriage to said Stephen Burgess also on file, on which Elizbeth a pension was granted to her  Elizabeth & still is granted to deponent .
She further states, that she was married to the said Stephen Burgess in Canaan, Columbia Co N.Y. on the Sixth day of March A. D. 1792 , by one Mr Camp a Minister and that her name before her said marriage was Elizabeth Godfrey That her said husband died at Balston Spa, Saratoga Co - N. York on the fourteenth day of October , A. D. 1829 , and that she is still a widow.
She makes this declaration for the purpose of obtaining the Bounty Land to which she may be entitled under the "Act granting bounty lands to certain officers and soldiers who have been engaged in the military service of the United States," passed September 28, 1850. "Act approved March 3 1855."
Elizabeth Burgess Mark
Sworn to and subscribed before me, the day and year above written. We John Thompson and Benjamin Chase Jr. Alison Congdon residents of the town of Lexington, Greene Co. N. York State , upon our oaths declare that the foregoing declaration was signed and acknowledged by Elizabeth Burgess in our presence, and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be. Benjamin Chase Jr. Alison Congdon

The foregoing declaration and Affidavit were sworn to and Subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons; that the Claimant is the person she represents herself to be and that I have no interest in this claim. John Thompson Justice of the peace
STATE OF NEW-YORK,
Greene County Clerk's Office. I, JACOB VAN ORDEN, Clerk of said County, do hereby certify that Thompson before whom the annexed Affidavit was made, was at the date thereof a Justice of the Peace in and for said County, and duly authorized to take the same, and that the signature purporting to be his I believe to be genuine. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County this 23 d day of July 185 5 J. Van Orden Clerk.

Elizabeth Burgess
(1892)
2446
(A31)
Vol 2. p 49 - £ 22. 6. 11
Corporal
(Schmidt)
1892 1893
Corporal 7th 16 days,
Anness Mattorn Esq
Cairo
New York

State of New York County of Greene } 3/
On this fifteenth day of September 1838 personally appeared before the undersigned Henry Goslee one of the judges of the Court of Common Pleas of the county of Greene Elizabeth Burgees a resident of the town of Lexington county of Greene and state of New York aged sixty eight years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838 entitled "An act granting half pay and pensions to certain widows"
That she is the widow of Stephen Burgees who was a Sergeant in the service of the United States in the war of the revolution. That the said Stephen Burgees if now living would be 78 years of age, that she has always understood from him that he went into the revolutionary service when he was 16 years old and served during the war, she hearing him say that he was in the service at the taking of Burgoyne in Gen Gates army or with him, and that he the night after a battle with Burgoyne's force, stood sentry over thirty dead and dying, has heard him say that he served at one time with Dr (Amos) Hamlin, that he was a sergeant in the service, cannot recollect the statements made by him as to the particulars of his service or the names of any of the officers under whom he served or with him in the service; for his service he drew some land she does not recollect where it was but is under the impression that it was near Lake Champlain thinks 600 acres. This land the said Stephen conveyed to his son John who soon after left & went to Virginia nine or ten years ago, and has not since been heard of, & is believed to be dead. said John took all the papers relating to the land when he went away. The said Stephen deponent believes had other

papers relating to his service, and one or more discharges from the service, but John must have taken them with the papers relating to the land as upon diligent search they have been lost or destroyed as upon diligent search they cannot be found - 100 acres hereinafter of the land before stated was given for locating it - under the first law or Act of Congress allowing pensions for revolutionary service said Stephen intended to apply for a pension but the law was soon after altered, limiting them as to the amount of property and he having more property than applicants were allowed to have to obtain a pension, did not apply - said Stephen resided in New Canaan Columbia County N.Y. when he entered the service, as deponent is informed & believes that she believes the said Stephen served as stated by him viz from the age of 16 years to the end of the war and part of that time as a sergeant and the remainder as a private, that she has often heard him give the particulars of his service, but by reason of old age & consequent loss of memory she cannot recollect any particulars not herein before stated - deponent became first acquainted with said Stephen about six years previous to their marriage at the town of New Canaan aforesaid where they both then resided - As to the land herein before stated cannot state any thing & knows not anything more particularly than herein before stated as her recollection has so failed her,
Declaration & proof of Elizabeth Burgess and one of Stephen Burgess dec'd under oath of 7 th July 1838

She further declares that she was married to the said Stephen Burgess on the sixth day of March in the year seventeen hundred and ninety two; that her husband the fore- said Stephen Burgess died on the fourteenth day of October in the year eighteen hundred and twenty nine; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety four, viz; at the time above stated; that deponent by reason of bodily infirmity is unable to appear in open court to make this declaration, and that she has no documentary or other evidence of the service of her husband or of her marriage to him than that hereto annexed; her
Elizabeth X Burgess mark
Sworn to, and subscribed before me the undersigned, on the day and year first above written, and I certify that the said declarant is unable by reason of bodily infirmity to appear in open court to make the above declaration.
Henry Goslee Judge as aforesaid
On the day & year first above written also appeared before me the said Judge Ira Chase a resident of the town of Lexington, county of Greene a state of New York aged
16 years who being first duly sworn according to law doth on his oath depose & say that he is well acquainted with the above declarant Elizabeth Burgess, that she has remained unmarried since the death of her said husband Stephen Burgess and is now his widow,
Ira Chase
Sworn & subscribed before me X the day & year first aforesaid & I certify said deponent to be a credible witness & his statements entitled to full credit. Henry Goslee Judge as aforesaid

State of New York Greene County ss } I William V. B. Keermance Clerk of the said County do certify, that Robert C. Field and Stephen Renne before whom the annexed affidavits of Williams Avery & Amos Hamlin were sworn was at the date of the same, respectively Justices of the Peace of the said County duly elected and qualified and that their respective signatures to said affidavits are genuine - I further certify that Henry Goslee Esq. before whom the annexed declaration of Elizabeth Burgess was sworn was at the date of the same one of the Judges of the County Courts of said County duly appointed and qualified. & that his signature to said affidavit is genuine.
Witness my hand and the seal of the said County the Eighteenth day of September 1838 William V. B. Keermance Clerk
2441

Rev
WIDOW, &c.
File No. 17395
Elizabeth Burgess
Widow of
Stephen Burgess
Sergt Rev War
Act: Feb 22 48
Index:—Vol. 1 , Page 105
[Arrangement of 1870.]

V. D. 24. 5. 23
Ms. A. 1. 6 v. 1 p. 20
Her Amys

New York
Elizabeth Burgess widow of Stephen
Letter to A. Natten 26. Dec. 1838
Act July 1838

Elizabeth Burges Stephen IV - 2 1/2 1/2
Cole
Residence of persons Washington St.

Elizabeth Burges Stephen M. - a 2 nd Hds
Col
J. P. Walker Esq Commissaire of Pensions Washington

Elizabeth Burgess Stephen - Nov - 2 nd 1818
off case
George Cole B. Whiting Esq. Commission of Pardon Washington D. C.

Elizabeth Burgess - Stephen D. W. or 2nd H 1851 - N 3109 -
George Calhoun 6. Mt. King Esq. Commission of Sensory Washington D. C.

Elizabeth Burgeß - Stephen - N.Y. - od. 2 d Feb 58' - 3109 - C , 6 - pow of Atty - ev d = J. N. Coffin - June 28 - 1857 -

281946
FREE
Commissioner of Pensions Washington City

2446. New York A. Elizabeth Burgess, widow of Stephen who died on the 14. October 1829. of in the State of who was a priv. & Corp n in the commanded by Captain of the commanded by in the Revolution, time for Increased from $27.61.
Inscribed on the Roll of Albany. at the rate of 38. Dollars 86. Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 21 st day of April 1857 and sent to
to the 4th of J. N. Coffin Semi-annual allowance ending Present.
{ Revolutionary Claim, } { Act July 7, 1838. } Recorded by G. J. Getty Clerk. Book 66 Vol. 2 Page 444.

2.446
New York. A.
Elizabeth Burgess, widow of Stephen, who died on the of in the State of who was a Corp t & Serg t in the commanded by Captain of the commanded by in the time for Increased from $38.86.
Inscribed on the Roll of Albany at the rate of 75. Dollars 36 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 28 th day of Sept. 1857 and Isaac N. Coffin Present
Arrears to the 4th of Semi-annual allowance ending
{ Revolutionary Claim, } Act July 7, 1838. }
Recorded by G. Y. Getty Clerk. Book A Vol. 7 Page 44

4728. New York A.
Elizabeth Burgess, widow of Stephen, who was a Priv. & Corporal in the Revolution.
Increased from $27.61.
Inscribed on the Roll at the rate of 38 Dollars 86 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 21 st day of Apr r 1857 and sent to
J. W. Coffin Present.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book 76 Vol. 2 Page 109 .

4728 New York A Elizabeth Burgess widow of Stephen, who was a Corp d & Serg t in the Revolution. Increased from $38.86.
Inscribed on the Roll at the rate of 75 Dollars 36 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 28 th day of Sept 1857 and sent to
C. W. Coffin Present.
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book 76 Vol. 2 Page 109

Albany 2446
Elizabeth Burgess widow of Stephen Burgess
who was a pensioner under the Act of and who died on the 14. October 1829 of Greene Co. in the State of N. York who was a Corporal in the company commanded by Captain Newell of the Reg't, commanded by Col. Willett in the N. York line for 7 months & 16 days
Inscribed on the Roll of Albany at the rate of 27 Dollars 61 Cents per annum to commence on the 4th day of March, 1836.
Certificate of Pension issued the 22. day of April 1839 and sent to Amasa Mattoon, Cairo, N.Y.
Arrears to the 4th of March '39 82.83 Semi-annual allowance ending 4 Sep... 13.80 $ 96.63
{ Act July 7, } 1838.
Recorded by Book A.
D. Brown
Vol. 2
Page 67
Clerk,
Paid at the Treasury under the Act of the 6. April 1838 from 1. Sep 1839 to 1. March 1840. Agt Notification 21. April 1841.
see letter June 1842 to M. Burgess

Reported
Rev. P. M. Smith
March 2 nd 49
W. H. Knight
March 23/53
June 16 1853
at Buffalo Jan 23/54
same day 21/57
at Albany 23/55
3109 Albany
Mr. - York
Elizabeth Bargey widow of Stephen Bargey who served in the Revolutionary
war, as a Corporal
scribed on the Roll at the rate of 27 Dollars 61 cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 17 th day of Jan. 1849 and sent to
Mrs. V. H. Silverster New York
Recorded on Roll of Pensioners under act February 2, 1848, Page 10 Vol. 4
201866

3.109 New York A. Elizabeth Burgess, widow of Stephen, Burgess who served in the Revolutionary
war, as a Priv. & Corporal Increased from $ 27.61.
Inscribed on the Roll at the rate of 38 Dollars 86.
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 21 st day of April 1837. and sent to
J. N. Coffin Present.
Sent J. N. Coffin Aug 1/57
Recorded on Roll of Pensioners under act February 2, 1848, Page 167. Vol. 26.

V 4728 New Yorks Alb
Elizabeth Burgess widow of Stephen Burgess who was a Corporal in the N Yorks Line
Let. to Hon. P. Mc. Silver = for Jany. 17. 49
Inscribed on the Roll at the rate of 27 Dollars 61 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the twenty sixth day of Jany 1844 and sent to
Henry Gazlee Lexington N Yorks
[Act of March 3, 1843.]
Recorded in Book A Vol. / Page 259

Elizabeth Burgess- Stephen - N.Y. - Oct 1878
Cole 3109
John Re George E. Whiting Commissioner of Customs Washington, D.C.
11/125 12 3/4

Elizabeth Burges
wid Stephen
Boynton
Com: the Rev. John Ninet Commissioner of Juries Washington D.C.

Elizabeth Burgefs, of Greene Co. N. York, declared, Sept. 15th, 1838. Aged 68. widow of-
Stephen Burgefs, who, if now living, would be 78 yrs old. Understood from him that he went into service at 16 th yrs of age - was in service at the taking of Burgoyne - stood sentry over 30 dead & dying - Heard him say that he served at one time under with Dr Amos Hamlin, - that he was a sergeant in the service. Drew some land for his service - about 600 acres, she thinks - near Lake Champlain.
(N o 1) (N o 2) [This turns out to be 400 acres of land deeded to Burgefs by Pliny Moore, which had been patented to him deeds , by the State of N. York - and not military bounty. See paper marked N o 3.]
That Burgefs served to the close of the war. Part of the time as sergeant, & the remainder as a private.
Married March 6 th , 1792
Stephen died Oct. 14, 1829.
Williams Avery, of Greene Co. testified Sept 12, 1838 - aged 78. Respondent, in the Spring of 1782, enlisted into the company of Capt. Simeon Newel, in Col. Morristown

(No 1)
21 Willets Regt [N.Y. Service] and served until Jany 1 st , 1784. In the fall of 1782, (Stephen Burgefs, whom witness well knew, and who is dead, leaving a widow) and as early as Nov r 1 st , joined Capt Nivell's company, as 4 th Sergeant, and continued in the same until November, 1783; after which time does not recollect seeing him in the service.
When Burgefs entered Nivell's company he had been in service in another company of 9 months men, whose captain deponent does not remember, nor whether he there served as Sergeant or private.
Amos Hamlin, of Greene Co. testified Sept 7, 1838 - aged 72 years.
On the 27 th March 1782, deponent enlisted for 2 yrs in Capt. Simeon Nivell's company, Col. Marinus Willets Regt, N.Y. State Troops - and served until Jany, 1784.
(No 2)
Was well acquainted with Stephen Burgefs, now deceased. During the Spring and Summer of 1782 Burgefs belonged to another company in the same regiment, composed of 9 mo's men, the name of whose Capt. deponent does not recollect. Does not know when Burgefs commenced, but thinks

it was as early as deponent's enlistment.
Deponent is positive that, as early as Nov r 1 st , 1782 Burge joined Capt Newell's company - and served as 3 d or 4 th , Sergeant therein until Oct r or Nov r 1783. Thinks Burge was discharged and went home on furlough in Oct. or Nov. 1783.
Does not know in what rank Burge served before joining Capt. Newell's company.
No 1 Susan Foot - of Ballston Spa, Saratoga Co. - testified Sept. 4. 1838 aged 65. Is sister of Elizabeth Burge, widow of Stephen, &c. Dep t was present at the marriage of Stephen and Elizabeth, solemnized by Rev John Camp, Presbyterian clergyman at his house in New Canaan, Columbia Co. N.Y. on the 6 th of March, 1792. A young man named Benjamin Haxon, this deponent, and the clergyman's family were the only witnesses - The clergyman & the other witnesses are either dead or witness does not know what has become of them. Deponent & Stephen and Elizabeth then all resided in New Canaan - They continued as husband & wife until the death of Stephen, at Ballston Spa - Oct 14, 1829. Was present at his death. Elizabeth has ever since (No 1)

4 remained his widow. Always understood that Stephen served as a soldier in the Revolutionary war.
(N o 2) Is in relation to the marriage.
[There were no public records of marriage in N. Y. as a general fact, excepting in the Dutch & Catholic churches]
(N o 4) Is an application for increase.
Joel Ford - of Greene Co. testified, Nov 20, 1856, Aged
Was well acquainted with Stephen Burgefs, late husband of Elizabeth, who resides in Hinton, Greene Co. In 1791 Stephen Burgefs resided in Canaan.
(N o 5) Recollects he came to deponent's father, who was a Lieut. in the army, and who paid Stephen for his service in the army in Continental money. Deponent trained with Stephen in 1791. Deponent was born in Columbia Co. resided there some 30 years & was extensively acquainted there. If there had been any other Stephen Burgefs, in the county, must have known it. Is certain there was not.

Joel Ford & Asa Lord - of Greene Co. testified, Sept 23 rd , 1886.
(No 6)
Know that Stephen Burgefs resided in Canacaro, Columbia Co. in 1791. Knew of no other man of that name.
Ford says he knew Anthony Maxwell of said County.
(No 7)
Asa Lord - testifies to same purport.
(No 8 & 9)
Certificates of Comptroller of N.Y. to payments made to Stephen Burgefs for various services.
(No 10)
Letter from Pension office of Dec r 26, 1888. Showing that a roll of Capt Harrison's Company (Willett's regt) showed Burgefs in service as Corporal. [This roll is not now in the office.]
The payment of £ 22. 1. 11. to Stephen Burgefs, as Corporal in Capt. Harrison's Company, Willett's regt covers only a service of 6 months & 18 or 19 days in that capacity; and the presumption is that this was not a payment for the 7 1/2 months' service.
In the volume of Willett's receipts is a voucher and memorandum, with an order for payment

signed Stephen Burgefs. The order is dated Feby 7 th , 1784; and is for the payment of "the within "named sum". On the reverse is written, in the hand-writing of A. Ten Eyck, the Paymaster of the regiment, the following: — "S t Stephen Burgefs "1782 - 7 1/2 Months — £ 30. 0. 0." Under this is the following: "New York Augt 18, 1784 - "the certificate of Mr Burgefs for £ 22. 1. 11 deliv d "Mr Shephard by order of Mr Jacob H. Wendell" "Mr Ten Eyck". The certificate here referred to bore date Dec r 31, 1782, and was in the name of "Stephen Burgefs Corporal", for service in Joseph Harrison's Company; and this transaction must have been distinct from the account for service as Sergeant. The sum of £ 30 exactly covers a service of 7 1/2 months as Sergeant. There is no evidence that this sum was paid by the State of New York; but this circumstance cannot be taken as conclusive against the service. It appears that there was considerable difficulty about the payment for the service under Col. Willett towards the close of the war. This probably grew, in part,

7 at least, out of the fact that, although Willetts regiment was composed of State levies, their service near the close of the war was peculiarly continental.
On the 21 st of March 1787, Congress passed a resolution instructing the commissioner of Army accounts to settle with such of the officers and men of Col. Willetts regiment as were in service actual service during the year 1783, "for all arrears of pay" and subsistence respectively due to them". Accordingly the receipts to the Paymaster generally do not extend into the year 1783. As the account above alluded to is found among the vouchers of Paymaster Ten Eyck, it is but reasonable to suppose that the £ 30 was allowed to Burge; and whether it was paid by the State or the Continent is not material.
It is certain that Willetts regiment continued in service to the close of the war. The commencement of his service as Col. of the State regiment was in March 1781. Harrison was a Capt. in his regiment in 1781, and Newel was a capt. in 1782 and '3.
Capt Newel's rolls are not in this office.

8 Stephen Burgess enlisted in the 4 th regiment of the New York Continental Line, in Capt Walker's company, on the 1 st of September, 1780, and is shown by the muster rolls to have continued in that service until June, 1781; but no testimony has been offered to prove that this man was the husband of the claimant.
Amos Hamlin and Williams Avery the first two witnesses to the services of Stephen Burgess, and who were his comrades, were both placed on the New York roll of pensioners , under the act of June 7 th 1832, the former for 17 months and 16 days service, commencing March 27 th , 1782 and ending Sept. 3 rd , 1783, and the latter for 16 months service, terminating Sept 3 rd , 1783, in Capt Newell's Company, of Col. Willett's regiment. The service for about 17 mo's 7 days, as Sergeant, Corporal and private - being proved in strict accordance with the regulations - and confirmed by the 17 $36 public records, the pension should be increased to $70.44 in place of the $38.66 heretofore allowed. July 31. 1859. G. G. Dodge

Mrs Burge having appealed from the decision of this office - the pension should be increased to $77 36 / 100 in accordance with the recommendation contained in the within brief.
July 31st, 1857.
G. O. W.
+ should be $75 36 / 100

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 12 th , 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Elizabeth Burgess, — a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Twenty Seven Dollars and 61 Cents per annum, under the law of the 7 th July 1838, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th March 1840.
Respectfully yours,
Wm. L. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

Caer, N.Y. Sept 21 st 1838
Don. Jas L. Edwards, Commissioner of Pensions.
Sir
Accompanying herewith is the declaration of proof of Elizabeth Burgess a revolutionary soldier's widow on her application for a 5 yrs pension under the act of 7 th February last. - Her late husband Stephen Burgess died in 1829 consequently was not a pensioner under the act of 1832. - We have proof of part of his services by the affidavits of Dr Hamlin and Williams Avery. In a case of this kind where the soldier himself is dead and we have to depend upon the recollection of others who have nothing in particular to impress upon their memory the circumstances of the soldier's service, proof must be very indefinite. In the present case we have have proved positively the service of Mr Burgess from as a sergeant from the first of November 1782 to Oct or Nov 1783, - and that he served previously in another company by Dr Hamlin & the Dr thinks he believes, he served as long as he did viz from 27 th March 1782 this belief is founded on his general recollection of the service and the time of enlistment generally & his recollection of Burgess. He of course cannot swear positively. We have no clue by which to find any other proof of his service if there be any, and you must allow the widow for all the time of service you are justified in doing she is not able to add to the proof of service now sent. Capt Avery & Dr Hamlin are both revolutionary pensioners and their declarations under the act of 7 th June

1852 to which you can refer if necessary, - The marriage I pre- -sume is sufficiently proved
Communicate with me on this ap- -plication
Very respectfully yours,
Amasa Mattson

Albany N.Y. Nov r 1 st 1848
Sir
Enclosed is the papers in the application of Elizabeth Duryee, widow of Stephen Duryee Dec r - for an increase of her pension
It will be observed by the Department that her husband is also credited with some three or four months service in the New York Line
I am Yours very respectfully My Valentine
J. L. Edwards Esq. Comm r of Pensions Washington

Washington March 10 th 1857
Sir:
In the case of Elizabeth Burges widow of Stephen of New York under the Act of July 7. 1838, a suspended claim for increase of Pension, I respectfully represent as follows:
That in the pressure of business before the Pension Office, very important evidence has been accidentally overlooked viz the testimony of Doctor Amos Hamlin and William Avery two persons of the very highest respectability, and who also are Revolutionary Pensioners, and therefore persons of actual service — and who "were in a position to know the facts about which they testify" — and also were so certain that the facts which they testified were true that they had no fears of risking the loss of their own pensions by stating them. Therefore for that and the following considerations I respectfully request a reconsideration of the circumstances of the case.
1 st In your letter to me of Feb y (25 th ) last in the case of Robert Bradshaw of North Carolina, Act June 7. 1832 it states "The affidavit of his brother John who is not a pensioner , is not satisfactory" — thus in effect intimating that if his brother John

was a pensioner, great weight would be given to his Solemn Oath, he being proved to be a Respectable and Credible Witness. As in the present case there are not not only one but two Witnesses, who are Revolutionary Pension- ers , I solicit that the due and proper effect be accorded to their Oaths.
2 d I respectfully request an examination of the Rolls of Captain Simeon Newell's ( NOT NEW- RALLS ) Company, as he may have served after the 7 months and 16 days for which he is pensioned for his service in Capt Harrison's company, — in Captain Simeon Newell's Company.
3 d If the name is not found there, then I request that the same fairness and equal justice shall be exercised in the present case as was exercised in the case of Richard Tozer of Farmerville N.Y. and in which case the Solemn and Deliberate Decision of the Pension Office is as shown in Senate Executive Document No 37- 32 Cong. 1 Sep. (being Book of Suspended pension claims) page 146 viz "Not on the rolls of Durkie's and Butlers Regiments, and the most satisfactory proof otherwise must obviate that fact." Thus Richard Tozer not being on the Rolls it is Decided that — "the most satisfactory proof otherwise" would be sufficient. It is impossible that there can be

in justice, more satisfactory proof than the testimony of those who served with him and personally know that he was in service. And this is supplied in the present case in the very Highest Degree by the testimony of D r Amos Hamlin and William Stuey, on whom the Government have put the stamp of verity of actual service by placing them on the Record of Pensioners.
4 th In the Commissioner of Pensions Decisions in the case of Nancy Byrd widow of Baylor of Va., Act July 7. 1838 as shown by Senate Report No 210 of 27 Cong. 3 d Sess. on the question of identity he Decided as follows "If he was the same person, cannot the widow prove by some one in the neighborhood where he resided, that her husband had the reputation of being having been a revolutionary? Thus as the Pension Office Officially and Authoritatively Decided that even Traditional Evidence was satisfactory — then why in the present case will you in considering the facts herewith presented, commit the injustice to act unequally towards Elizabeth Burgess, when she presents the VASTLY HIGHER grade of evidence of Two Eye Witnesses of his service, who are admitted by the Pension Office to have served — and thereby give just cause of dissatisfaction, complaint, and a feeling by her that she is oppressed by you, and a feeling by one that my client is oppressed by you,

under the circumstances which do exist.
5th In Senate Document No 37 referred to on preceding page (being the Book of Suspended pension claims) the Decision of the Pension Office in the case of Eli Hall at page 122 is as follows: — Captain names, and each regiment in which he served, must be given and ONE Witness must identify him with the service he describes". At page 129 of same the Pension Office Decided in the case of George Lape as follows: "No such name appears on the rolls of Wayne's regiment — claimant should cause his service to be specified by a credible witness who can give the names of the officers". In this instance notwithstanding the name does not appear on the rolls but ONE witness is required and that is not required to be a Revolutionary Pensioner, whereas in Elizabeth Burgess case there are two of that description. At page 213 of same it is shown the Pension Office Decided in the case of William Walters as follows: Service in the flying camp alleged. No proof by at least ONE credible witness is required." At page 291 of same it is shown the Pension Office Decided in the case of Lopher Tanny as follows: Not on the New Jersey Rolls of the war. Documents prove his service by at least ONE credible witness!"
6th It is proved by the Affidavit of Joel Ford that his father who was a Lieutenant in the Army after the surrender of Burgoyne which was on Oct 7. 1777 paid Stephen Burgess off in Continental money — and although the length of this service cannot be proved but must have been of some considerable length it ought to induce liberality towards the service which is proved. To show that every source of Record Evidence has been exhausted, I herewith enclose copy of Letter of John A Thomas Esq. (Washington Papers) original filed with case James Power of Penna., Act June 17. 1832. I am George E. Whiting Esq. John A. Thomas Esq. Washington D.C. Isaac N. Coffin

under the circumstances which do exist.
5 th In Senate Document No 37 referred to on preceding page (being the Book of Suspended pension claims) the Decision of the Pension Office in the case of Eli Hall at page 122 is as follows: — "Captain's names and each regiment in which he served must be given and ONE Witness must identify him with the service he describes". At page 129 of same the Pension Office Decided in the case of George Lape as follows: "No such name appears on the rolls of Wapello regiment — claimant should cause his service to be specified by A credible witness who can give the names of the officers". In this instance notwithstanding the name does not appear on the rolls but ONE witness is required and that is not required to be a Revolutionary Pensioner, whereas in Elizabeth Burgess case the Pension Office Decided in the case of William Walters as follows: "Service in the flying camp alleged. The proof by at least ONE credible witness is required." At page 291 of same it is shown the Pension Office Decided in the case of Lopher Tanny as follows: "Not on the New Jersey Rolls of the war men. He cannot prove his service by at least ONE credible witness."
6 th It is proved by the Affidavit of Joel Ford that his father who was a Lieutenant in the Army after the surrender of Burgoyne which was on Oct r 7. 1777 paid Stephen Burgess off in Continental money — and although the length of his service cannot be proved but must have been of some considerable length yet ought to induce liberality towards the service which is proved. To show that every source of Record Evidence has been exhausted, I herewith enclose copy of Letter of John A. Thomas Esq. (Washington Papers) original filed with case James Bower of Penn a , Act June 17. 1832. George E. Whiting Esq. John A. Thomas Esq. Washington D.C. I am Isaac N. Coffin

Washington March 25. 1857
Sir: In compliance with your letter of the (received by to days Mail) Certificate of pension of Elizabeth Burgess of the State of New York widow of Stephen under the Act of February 2 d 1848, to be substituted by a Certificate for the increase of pension to which she is admitted.
I am Very Respectfully Your Obed t Serv t Isaac N. Coffin.
George C. Whiting Esq. Commissioner of Pensions Washington D.C.

Elizabeth Wing
Stephen 1822 1828
Hon.ble K. M. Went Commissioner of Pensions Washington D.C.

Payment to be made at
Albany
by
J. W. Alcott, Esq.
Agent for paying Pensioners, in the
Agency of
Albany
New York
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 10 Vol. 4
Th. Humphreys, Clerk.

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Elizabeth Burgess, of New-York, widow of Stephen Burgess, who was a Corporal, in the revolutionary war, is inscribed on the pension list at the rate of Twenty seven dollars and sixty one cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the War Office of the United States this 17 th day of January, one thousand eight hundred and forty-nine.
W. L. Marcy.
Secretary of War.
Examined and Countersigned.
J. L. Edwards
Commissioner of Pensions.

Elizabeth Burgeff widow of Stephen New York - Greene Co
Act of 1838 - & subst.
Admitted
Sergeant 10 mos 19 das 53.16-
Corporal 6 mos 18 das 22.20 at the rate of $ 75.36
per annum from March 4. 1836 excepting 2 years - and deducting former payments at the rate of $ 38.86 per annum
Certificate payable to the claimant.
Atty
Isaac N. Coffin
Present.

Washington July 17 th 1856.
Sir:
I herewith transmit in the case of Elizabeth Burges widow of Stephen a suspended case under the Revolutionary pension Act of July 7. 1838, the following papers, received from James Mc Cook Esq Comptroller of New York
Certificate in relation to the services of Stephen Burges Power of Attorney of Stephen Burges dated 21 st March 1791, to Anthony Maspwell — & Receipt.
Also transmit Moses Letter of Stephen Burges to me dated Dec r 10. 1855.
In the letter of your Office dated Dec r 26. 1838, — it is mentioned that — "on an inspection of the rolls of Captain Newhall's company, his name (this day) does not appear there."
I have just received the Land Warrant from you on account of his Revolutionary services, and even if his name does not appear there, still by your rule, even if that is the case then "In such cases the positive testimony of at least two witnesses who were in the same service, or in a situation to know the facts about which they testify,"

"will be required to establish the service alleged," ought to be allowed to apply in this case. Amos Hamlin and William Avery, both Revolutionary Pensioners swear he served in Capt. Simeon Newell's [or Newhall's] Company Col. Marinus Willett's Reg't from Fall of 1782 1st Nov: until Nov 1783. The spirit of the law of May 14, 1856 in the words, where no "and parol evidence, where no record evidence exists may be admitted to prove the service performed", is a legislative interpretation or expression favorable to allowing this evidence to be sufficient in the pension case, as it self-evidently would be sufficient in the land case. If in your view you are not satisfied that this is the spirit of the law, I respectfully solicit that the Attorney General's Opinion be requested on this point.
I am
Very Respectfully Your Obedt Servt Isaac N. Coffin.
Honble J. Minot Commissioner of Pensions.

Washington Dec: 20 th 1836.
Sir:
In compliance with the letter of your Office of July 28 th last, in the case of Revolutionary Pension case of Elizabeth Burgeps of New York widow of Stephen Burgeps under the Act of July 7 th 1838 — Therewith transmit the following papers.
Affidavit of Joel Ford.
Affidavit of Asa Lord.
I would respectfully represent that Joel Ford who is Officially Certified by the Magistrate to be a person of respectability and credibility makes oath that Stephen Burgeps resided in Columbia County in the year 1791, and states a fact by which he remembers the year, a fact likely to make a strong impression on his mind, viz, that he "trained with him during that year." And also that he was born in that County and lived in it thirty years and must have known if there had been any other Stephen Burgeps in it and that "he is certain that there was no other" Stephen Burgeps residing in said County. He also makes affidavit oath that Stephen Burgeps "came to his father who was a Lieutenant in the army & after the surrender of Burgoyne my

"father paid off the said Stephen Burgeff for his service in the Army in Continental money." The surrender of Burgoyne being in October 1777, this proves that Stephen Burgeff was in service even at this early period of the war.
And also Asa Lord who is Officially Certified by the Magistrate to be a person of the highest credibility and respectability, makes oath that Stephen Burgeff resided in Columbia County in 1791, and mentions data by which he is enabled to remember the year viz his killing Stephen Burgeff dog in the Mill and state if there had been any he was very extensively acquainted with the residents of the County and if there had been any other Stephen Burgeff he must have known it, and is certain that there was no other in the County.
I recapitulate the facts proved, to show that as there was no other Stephen Burgeff in Columbia County but this, - added to the fact required required by the Pension Office of his residence in 1791, that they are strong presumptive proof that this was the person who executed the Power of Attorney to Anthony Maswell, and being such, ought, as is respectfully represented, to be considered satisfactory for
I am
Very Respectfully
Your Obed Servt
Isaac N. Coffin!
Hon: George C. Whiting Commissioner of Pensions Washington. D. C.

Post Script. I herewith transmit a Deed from Pliny Moore to Stephen Burgees, transmitted to me by request of Elizabeth Burgees herein mentioned, which shows that her husband resided in Columbia County (in the same town Canaan mentioned in the two affidavits) in the year 1789 or year near 1791 — and which also shows that he proposed "a Certificate" delivered to said Pliny Moore to locate on unappropriated lands. The family state that this was Bounty land given him by the State of New York for his Revolutionary Services. I have written to the Secretary of State of New York specially requesting information as to such grant and in reply he sent me the papers heretofore transmitted to your Office, as all the information in the State Archives, at this time.
Very Respectfully, A. N. C.
2 d Post Script. I also herewith transmit Affidavit of Joel Ford and Asa Lord of 23 d Sept r 1856 in proof that Anthony Maxivell (to whom the Power of Attorney was given mentioned in the Letter of the Pension Office of July 28 th last) was a resident of Columbia County, and thus both he and Stephen Burgees being fellow citizens of the same County, and thus more likely to have dealings together and to trust each other is corroborative of the above proof.
Respectfully &c A. N. C.

Sir:
New York Sept. 24 th 1857
In compliance with your letter to me of the 1 st ult o , in the case of Elizabeth Burgess widow of Stephen, of New York, a pensioner under the Act of Feb y 2, 1848, I herewith enclose her certificate of pension — and respectfully request together with proof that she is still living, — and respectfully request that new certificates be issued as mentioned in said letter at the increased rate — and that they may be enclosed to me directed here.
I am Very Respectfully Your Obed t Serv t Isaac N. Coffin.
George C. Whiting Esq. Commissioner of Pensions Washington D. C.

Original of this sent to Pension Office in the case of James Power of Pennsylvania, under Act June 7 th 1832.
Dep t of State Washington, Dec r 31, 1855.
Sir.
In reply to your two letters, both dated the 22 d instant, I have to inform you that no evidence can be found of the service of Stephen Burges in Col. Willets Reg t in the New York Line. One Return only, of that Reg t is on file in this Dep t , and that one is a "General Return" giving the number of privates, but not their names.
It would be in vain to look for evidence of the service of James Power, until you inform this Dep t in what State Line and in which of the regiments of that Line, the service was rendered. You state that Power claims to have served under Col. Schrygock, but no such name can be found on the Index to the Revolutionary Records.
I am respectfully Your Obed t Servant Jno. A. Thomas Assistant Sec y .
Isaac N. Coffin Washington.

State of New York } County of Greene } sp.
On this eighteenth day of September A. D. one thousand eight hundred and fifty seven, personally appeared before me a Justice of the Peace within and for the County and State aforesaid, duly authorized by law to administer oaths, Addison Burgess and Caroline Burgess residents of Hunter County and State aforesaid
who being duly sworn according to law, depose that they are well acquainted with Mrs. Elizabeth Burgess (widow of Stephen Burgess) of Hunter in said County and State, who is a Revolutionary Pensioner of the United States under the Act of February 2 d 1848, and know that she is still a widow, and is now living.
Addison Burgess Caroline Burgess
State of New York } County of Greene } sp.
The foregoing affidavit was sworn to and subscribed before me on the day and year abovewritten and I certify that I know the affiants to be credible persons; and know

that the said Elizabeth Burgeff (widow of Stephen Burgeff) mentioned in the foregoing affidavit is still a widow, and that I have no interest in this claim.
Sanford Cline Justice of the Peace
State of New-York, Greene County Clerk's Office.
I, J. ATWATER COOKE, Clerk of the County of Greene, do hereby certify that Sanford Cline whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the Peace for the County aforesaid, dwelling in the said County, and duly authorized to take the same. And that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said certificate of proof or acknowledgement is genuine. And I further certify that said instrument is executed and acknowledged according to the laws of the State of New York.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said County, the 23 rd day of September 1854
J. A. Cooke CLERK.

Columbia County, } ss. Clerk's Office, }
I, KILLIAN MILLER, Clerk of the county of Columbia, Do hereby certify, That Wrich Edward , before whom the affidavit purports to have been sworn, was on the day of the date of the same, a Justice of the Peace in and for said county. And further, that I am acquainted with the hand writing of the said Justice, and verily believe the name of the said Justice subscribed to the said affidavit, to be his proper hand writing and signature.
In Testimony whereof, I have hereunto set my name and affixed the Seal of the said county, this 28 th day of January 1839
K. Miller

No 3 rd - for Life
Payment to be made at Albany by
Isaac Vanderpoel, Esq.
Agent for paying Pensioners, in the Agency of
New York
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 167. Vol. H.
G. T. Getty Clerk.

DEPARTMENT OF THE INTERIOR. WIDOW'S PENSION.
I certify, that in conformity with the act of February 2d, 1848, Elizabeth Burgess, widow of Stephen Burgess, who was a private & corporal in the revolutionary war, is inscribed on the pension list at the rate of Thirty Eight dollars and Eighty Six cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage. Deducting former payments at the rate of $27.61, per annum. Given at the Department of the Interior thistwenty first day of April one thousand eight hundred and fifty Seven.
J. Thompson
Secretary of the Interior.
Examined and Countersigned,
W. A. Wherry
Commissioner of Pensions.

State of New York
County of Green }/
On this 15 th day of January 1839 personally appeared before the undersigned justice of the peace in & for said county of Columbia George Bristol a resident of the town of Caneac county of Columbia state of New York aged forty eight years who being first duly sworn according to law doth on his oath depose & say that the Rev. Mr John Camp who officiated in this town as a Presbyterian clergyman forty to fifty years and the said John Camp removed to the town of Binghampton in Broome County & State of New York where he officiated as this deponent has been informed and verily believes to be true and that the said John Camp has been dead about fourteen years
That his successor as such clergyman in this town is the Rev. Mr John Jay Duns upon whom deponent has called and that no record of marriages upon diligent & faithful search and inquiry previous to the year 1800 can be found kept by the said Mr Camp or any other person in the society in the position of the said successor or any other officer of the society
George Bristol
Sworn & subscribed before me the day & year aforesaid and I certify that I am personally acquainted with said deponent that he is a credible person & his statements are entitled to full credit
Mich l Edwards justice as aforesaid

Pliny Moore
to
Stephen Burgess
Died (No 3)

Know all Men by these presents that I Philip Moore Present Residing in Kinderhook Columbia County and State of New York for and in consideration of a Certificate delivered me to Locate on unappropriated Lands and ten shillings to me in hand paid both by Stephen Burges of Canaan Town Columbia County and State aforesaid the Receipt whereof I do hereby acknowledge have sold aliened Released and confirmed and by these presents do sell alien Release and confirm unto the said Stephen Burges and to his heirs and Assigns all the Interest property possession claim and demand I have of in and to all and every of the lots of land contained in a patent Granted to me under the Great Seal of the State of New York bearing date the eighth day of October in the year of our Lord one thousand seven hundred and eighty seven situated on the west of the waters which empty out of Lake George into Lake Champlain as by the said patent will appear Prefer- ence being thereunto had said Lots called known and distin- guished in the general division of said patent by the name of Lots N o 28. 30. 52. and Ninety one — containing one hundred Acres each making in the whole Four hundred — Acres together with all the woods waters advantages Hereditame- nts and appurtenances to the same Lots of Land belonging Ex- cepting and reserving to myself all gold and Silver mines wit- hin the same and five acres out of each hundred acres for highways agreeable to the Tenor of the patent to me granted To have and to hold the said Lots of Land as above defin- ed in severality with the hereditaments and appurtenances to the same belonging or appertaining unto the said Stephen Burges — his heirs and Assigns to the only proper use and behoof of the said Stephen Burges his heirs and Assigns for ever — In Witness whereof I have hereunto set my hand and seal this Fourteenth day of February in the Year of our Lord one Thousand seven hundred and eighty nine
Sealed and delivered
In presence of — }
Philip Moore
Philander Moore
Mary X o Muller Mark

State of New York { ss
Greene County }
Be it known that This twentieth day of November 1856 before me M rs H. Pettit A justice of the peace in & for the County aforesaid duly authorized by law to administer oaths personally appeared Joel Ford of the town of Lexington County & State aforesaid & who being duly sworn deposes that he was well acquainted with Stephen Burgees who was the husband of Eliza- beth Burgees A Revolutionary pensioner of the United States - Which Elizabeth Bur- gees now resides in the town of Hunter County of Greene State of New York & that in the year seventeen hundred and ninety one the said Stephen Burgees resided in the town of Canaan Columbia County in the State of New York That he recall- lects that Stephen Burgees came to his father who was A Luterant in the army & after the surrender of Burgoyne my father paid off the said Stephen Bur- gees for his service in the Army in Con- tinentals Money - That he recollects that Stephen Burgees resided there in the year seventeen hundred & ninety one & that he trainee with him during that year That the said Joel Ford was in that year A resident of Canaan in the County of Columbia and State of New York and was very extensively acquaint- ed with the residents of the County of Columbia That he was born in Columbia County & resided there for about thirty years.

And if there had been any other Stephen Burgess in said County he must have known it & he is certain that there was no other person of the name of Stephen Burgess residing in said County but the above mentioned & who was personally reported to have been at Salina in the Revolutionary War Sworn & subscribed Joel of two on the day & year- above written before me And I certify that the said Ford where mentioned is a person of Credibility & Respectability
Wm H Pettet Justice of the Peace
Post
(No 5)

Subscribed & Acknowledged
State of New-York, Greene County Clerk's Office.
I, J. ATWATER COOKE, Clerk of the County of Greene, do hereby certify that William W Pettit Esq whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the Peace for the County aforesaid, dwelling in the said County, and duly authorized to take the same. And that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said certificate of proof or acknowledgement is genuine. And I further certify that said instrument is executed and acknowledged according to the laws of the State of New-York.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said County, the 26 th day of Nov 185 1 ,
J. Atwater Cooke CLERK.
Proc. A. N.

Affidavit of Joel Ford & Asa Lord of Sept r 23 a 1856
(901)

State of New York { Greene County } ss
Be it known that before me W m W m Blett t a Justice of the peace in and for the County aforesaid duly authorized by law to administer oaths personally appeared Joel Ford of the town of Lexington and Asa Lord of the town of Jewett both of the County & State aforesaid and made oath in due form of law that they were well acquainted with Stephen Burgess and that in the year 1891 he the said Stephen Burgess resided in the town of Canaan Columbia County & State of New York according to their best recollection & belief & that they knew of no other man in that County by that name And the said Joel Ford further deposes and says that he was acquainted with Anthony Maxwell of said County
Sworn and subscribed before me this 23 rd day of September 1886
W m W m Blett t justice of the peace
W m Blett t Asa Lord

State of New-York, Greene County Clerk's Office.
I, J. ATWATER COOKE, Clerk of the County of Greene, do hereby certify that Wm W. Pettib whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the Peace for the County aforesaid, dwelling in the said County, and duly authorized to take the same. And that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said certificate of proof or acknowledgement is genuine. And I do hereby certify that said instrument is executed and acknowledged according to the laws of the State of New-York.
In Testimon Whereof, I have hereunto set my hand and affixed the seal of the said County, the 24 th day of September 1856.
J. At. Cooke — CLERK.

State of New York
County of Green } Be it known that on this Twenty fifth day of November 1886 before me Sanford Cline a Justice of the Peace
in and for the County aforesaid duly Authorized by law to Administer Oaths personally appeared Asa Lord of the Town of Frewett and County And State aforesaid and who being duly sworn depose that he was well acquainted with Stephen Burgess who was the Husband of Elizabeth Burgess a Revolutionary Pensioner of the United States which Elizabeth Burgess now resides in Hunter County of Green State of New York. And that in the Year Seventeen Hundred and Ninety one the said Stephen Burgess resided in the Town of Canaan Columbia County in the State of New York That he recollects that it was in that Year Seventeen Hundred and Ninety one that he resided there from the fact that occurred in that Year, viz that the said Stephen Burgess frequ- ently came to a grist Mill near where this deponent lived That year (and that this deponent killed the said Stephen Burgess dog in the said Mill in the fall of 1891 and in May 1892, this deponent moved to Green County) NY That the said Asa Lord was in that Year resident of Canaan in the County of Columbia and State of New York And was very Extensively acquainted with the residents of the County of Columbia and That he never knew any other Stephen Burgess in said County and has been acquainted with the same Stephen Burgess in Green County and done Military duty with And if there had been any other Stephen Burgess he must have known it and he

Is certain that there was no other person of the name of Stephen Burgess residing in said County but the one above mentioned and who was personally reputed to have been a Soldier in the Revolutionary War. —
Asa Lord
Sworn to & Subscribed on the Day & Year Above Written before me and I Certify that Asa Lord above mentioned is a person of the highest Credibility & Respectability —
Sanford Cline Justice of the Peace

State of New-York, Greene County Clerk's Office.
I, J. ATWATER COOKE, Clerk of the County of Greene, do hereby certify that Sanford Cline Ely whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the Peace for the County aforesaid, dwelling in the said County, and duly authorized to take the same. And that I am well acquainted with the hand writing of the said Justice, and verily believe that the signature to the said certificate of proof or acknowledgement is genuine. And I further certify that said instrument is executed and acknowledged according to the laws of the State of New-York.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said County, the 26 day of Nov 185 11
J. Atwater Cooke
CLERK.
Ex Lord Affidavit (No. 7)

State of New-York, COMPTROLLER'S OFFICE.
Albany, December 28 1855.
I Hereby Certify , That on searching the Records in this office for the Registry of Certificates issued in pursuance of a law, passed April 27, 1784, entitled "An Act for the settlement of the pay of Levies and Militia for their services in the late war, and for other purposes therein mentioned," I find the following, viz:
   NAMES. NO. OF BOOK. NO. OF CERTIFICATE. DATE. £ S. D. RANK AND NAME OF COMPANY OFFICER. RANK AND NAME OF FIELD OFFICER.     Stephen Burges Private 2 6.450 Oct. 23. 1781 1 1 4 Capt. John Davis Lt. col. Asa Waterman   Stephen Burges Corpl. 2 7.476 Dec 31. 1782 22 1 11 " Joseph Harrison Col. Marinus Willet   Stephen Burges Private 4 17.760 July 31. 1780 7 2 2 " Lathrop Allen Lt. Col. John Harper   Stephen Burges " 8 37.992 Dec. 15. 1780 14 6 2 Serjt. John Burhaus, Louis pmab. Nusenfels Regt.   Stephen Burges " 10 47.242 Nov. 22. 1779 2 2 8 Capt. James Wilson Col. Morris Graham   46 14 3  
22.1 2 8 441 55. 27.50
I have examined the Rolls for the items above set forth, and find them to be correct.
W. D. Washburn Clerk.
2.2. 8 42 5.45 11 12.62 1/2 24
J. H. Webb Comptroller.

Canaan Center N.Y. January 16 th 1839
Free
Amasa Mattoon Esq. Post Master Cairo Greene Co N.Y.

Canaan Center Jan 8 16 th 1839
Dear Sir
Your letter was forwarded to me by Mr Patterson because he lives in a place where Minutes are not used or regarded. Mr John Camp I was acquainted with although small when he left this place he then removed to Binghampton where he preached for several years & then became very intemperate & we visited this town as a poor old drunken tinkler & after that we have heard that he became a sober man and a Methodist preacher I write this particular for the purpose of informing Mrs Burge who I suppose did not know what had become of him I should have attended to the business with Pleasure if you had not enclosed the money for Mrs Burge is an unfortunate of ours and a very worthy Woman & I am pleased to inform her that her sister & friends who live here are all well I do not think there is any second marriage in being for the House or rather that that Camp lived in towards the latter part of his life in and so Eliza Colwards informs me we were well acquainted with him while he lived at Binghampton I have had occasion to examine the records of the society several times on the same account and knew very well that there was none of Mr Camps left
Yours Respectfully
E B Austin

Allenbridge Dec: 10/85 Chenango Co N.Y.
Dear Sir
Inclosed find you a Power of Attorney of Elizabeth Burgess to act in her matter of Inverness or Additional Pension Commencing from 1837, or about that time also to act in her Bounty Land Claim for which she says she desires you would exert every effort to obtain, both I myself have no doubt, but they can be obtained, and should you want any information from Mr. relation to it write and I will forward anything I know, it needs to be taken up right end first and the whole matter explained as to the Land Claim. She wishes it might be taken soon she thinks they might see to the few remaining Widows of the Revolution before others of later service are served. Do your best, if I could afford it I would come on and assist you before the Department I should put it with to them, Painted upon the Proof there on file for the Department have never granted a Pension nor no part of one upon the Proof before them but set them aside entirely, (its wrong) I hope you understand the matter sufficient to introduce it in a Successful Shape

the Bounty Land Claim refers to Department to the Proof on file - and use your energy to get it forth with taken up for the reason there is but so few of those aged cases they could if so disposed dispose of all on hand perhaps in one day - do your best and utmost, enclose your offers contained in your last letter, and whatever the result may be you can forward it to my address.
Very Respectfully Yours Ably sent
Isaac Coffin Esq. Washington D.C.
Mrs. B. B. B.

1842
Sept 24
Cairo N.Y. Sept 21 st
N.Y.
7 July 1838
Eliza Burgep widow of Stephen - Waiting for order from Pius IX
James P. Schuardt,
Commissaire of Penobscot,
Washington City
D.C.
J

Jan. 31. 1839 My. Adolph Eliz. Burge
Miss Mary Jan'y 28-
James L. Schurman Com. of Persuasion Washington City
Amasa Mattson Casso N.Y.

Blainbridge, Chemung Co N. York March 24/55
To the Hon. Mr. Waldo Commissioner of Pensions
This Case is one of Considerable importance to the Person in whose behalf I act and have acted for some years Past. and therefore My Explanation will be rather voluminous, perhaps to you. Notwithstanding I hope you will give it that attention which it requires on the part of the Claimant. The Claimant is My Mother - Elizabeth Burgess, Widow of Stephen Burgess deceased, she is one of the half Pay Pension Widows of the Revolutionary War. She applied for her Pension under the Widow Act; I think in 1827 or 30. Do not positively recollect which year. She made all the papers required and was ready under the act and regulations for a Pension. Those papers you have on file in the office, as you will find by searching and by them you will see the whole transaction, on which she has never been allowed any Pension agreeable to the Proof. The former Commissioners of Pensions, already , delayed the matter from time to time under no pretence of want of farther Proof, and I delayed the matter for some time and concluded to let it rest for a while until some one supplied his place who could understand what the Proof was and what was meant by the Proof. you will then examine those papers for yourself and I trust will readily come to the conclusion she is entitled to a Pension upon her Proof from the language of the act.

Elizabeth Burgeff, is still living and comes in for her claim under the last Bounty Land bill. Which entitles her to 160. Acres of land. She is very aged and would like to have the whole of her matter consummated while she lives as it will be less trouble to the Department as well as the relation. If you please I would like the necessary blank forms in her case for obtaining the bounty lands. I presume she will not be required to make the proof of service as you have already that in the office. I hope you will forward to me the papers soon as possible for there old Pensioning are dropping away one after another until but few left and if any body in our land are worthy or have merited any rewards from Government. it's the Revolution Soldiers, and they should be done while living not wait until dead, the Revolutionary cases are but few and they cannot stay a great while longer. I think it no more than just. They provided for first, you may think I am pressing this matter so despatch. I feel that she has not received the attention and consideration of the Department in relation to her Pension therefore I ask of you to right a wrong. Now Sir perhaps I have said more than necessary but I have been thus explicit to enable you to understand me. I should your order any further explanation I think I can furnish all you may require. I subscribe myself most Respectfully, Yours - Bainbridge Chenango County New York  Mrs. Burgeff  Recd Feb 18 1855 Mar 28 1855 Adjutant General

Painbridge April 9/55 Chamango County N York
Sir
Yours of March 29 th in answer to my first letter relative to my Mother's Pension is recd. and you say you see no reason of an increased Pension, but Sir I think there are many obvious reasons why Elizabeth Burgess claims more Pension founded upon the best of grounds. She asks only what is right and that belongs to her by Proof in support of her claim under the Act. Made and Provided in behalf of those old Pensioners, now for the facts as you have them before you. Amos Hamlin swears that he knew Stephen Burgess since from such a time until such a time nearly 2 years and Williams Orey. Disposes of a longer period of time. Hamlin tells you that he knew of S. Burgess having served in a Company of men before going his Company, enlisted for 9 months that is the fact. He first volunteered to General Gates, in 1777. Was with him at the surrender of Burgoyne, and afterwards enlisted in a Company raised for 9 months, and then after that he enlisted for 3 years or during the war, and served until discharged, and he recd. for such services 500 acres of land. Do you think he would of recd. so much land for his 9 months & 16 days - Again, the affidavits set forth his services to have been in 1782 & 83 and much longer time than allowed by the Department in fact the affidavits have been entirely disregarded by the former Commission Edward. I wrote him upon the subject many times but his head was so thick it could not or he would not understand, but

After a While he got hold of it in this way in one of his Edward's letters which I have in my possession. he says that no Affidavit Can authorize a record. and then in his next says if Elizabeth Burgess proves the services of Stephen Burgess to be 3 years she will be intitled to increased Pension . Now Sir the act did not require the services to be precisely 3 years - but the amount of services must be proved and they are proved and maintained and it is under that proof she asks her Pension, what is the cost of proof of services unless they be entertained and allowed by the Department As to the record Edward's found upon which he granted a Pension I know nothing of he said it was then if so you have it and you probably will find the date of that not bearing the date of the proof as set forth in those affidavits you have and under which she claims her Pension from the Government, Supposing the Department had not found any record of Stephen Burgess, would they allow a Pension upon the proof - that's the question. and further I have been informed that there is two Stephen Burgess drawing Pension. if so which is the one that's entitled to the proof, or are they both granted Pensions upon the records. if any of the Proo- A find of Sets in the Secretary's Office in Albany in Book Military register, Stephen Burgess registered as follows 14 th Regt. Stephen Burgess 1 st M. Sep. 80. Mustered to Jan. 81. Capt. Walter Comp. 1 So you see the affidavits set forth a different time of service entirely and I contend has nothing to do with the records because

the act required the Proof of the Service and the time when rendered how long, and the marriage &c &c, you know all about it I will not enumerate any further, upon that point - I will refer to Edwards Letter. Says no Affidavit can outrun a Record and 2 nd in his very next he says if she will Prove the Service to be 3 Years - she will be allowed increase Pension. Blow hot & Cold about the same breath if 3 Years will outrun a Record how near will about Two Years come to it, H. G. in the first Place the time set forth in these affidavits is another time from the Record therefore Have nothing to do with the Record for if there be One Stephen Burgess Drawing Pension Perhaps the other not my father may Draw upon the same Record or upon the Proof my Mother furnished There is some mistake or at any rate some wrong somewhere and what or where is it. Mother made out a Plain & Strong Case by Proof of about or nearly 20 Years Service and the whole set aside, and took the Record, Supposing she had not Proved the Service at all Do you think you would allow a Pension upon finding his name recorded. - What was the Pension Act for, but to Compensate those old Soldiers who were Poor and Dependent upon the Charity of their friends and Children if any, and if not . Keep them from the Poor house, it was allowed them for meritorious acts and Service rendered in those trying times Now Sir I will close, for this time, although I have not given you half the Particulars of this matter but I presume enough to satisfy you on Reexamining those Papers, and Records -

So Come to the Conclusion that it does not take just & precisely 3 Years Services Required to obtain a Pension under the Act. This matter has run a good many years for several reasons, one the old Lady too Poor to procure any one to attend to it for her not its never too late - Make Wrong  Right quite something. but I want you to read the whole of it and oblige Yours Respectfull & Abdt as usual,
Mrs Burgh -
S. Waldo Esqr Commission of Pension

aa
(No 11)
Adm. Act 2 July 1848 #27. U. S. pr. On 4 March 1848
Rev P. B. Silver House of Reps

State of New York } County of Greene } _____, _____, }
On this 20 th day of December 1848 before me John Thompson a Justice of the Peace in and for said County, personally appeared Elizabeth Burgess a resident of Lexington in the county and State aforesaid, Age seventy eight Years, who being first duly sworn according to law, doth on her oath make the following Declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 2 d of February 1848, granting pensions to widows of persons who served during the Revolutionary War, That she is the widow of Stephen Burgess who was a private and corporal in the New York Militia, And that she received a pension at the rate of twenty seven Dollars and sixty one cents per Annum under the Act of June 17 th 1844. She further declares is still a widow;
Subscribed & Sworn to before me This 20 th day of December 1848 John Thompson Justice of the peace
Elizabeth her X Burgess mark
I certify that Declarant is personally known to me and is the identical person above named.
John Thompson Justice of the peace
I certify that Declarant's reason for not writing her name is that she has had her arm broke twice & otherwise infirm
John Thompson Justice of the peace
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

Part 1 that Declarant's reason for not writing her
STATE OF NEW YORK, GREENE COUNTY CLERK'S OFFICE. }
I, Isaac Van Schaack, Clerk of the County of Greene, do hereby certify that John Thompson Esquire, whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument in writing, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the Peace for the County aforesaid, dwelling in the said County, and duly authorised to take the same.— And that I am well acquainted with the hand writing of the said Justice and verily believe that the signature to the said certificate or proof of acknowledgement is genuine, according to the laws of the State of New York.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said County, the 23 rd day of December 1848
Isaac Van Schaack Clerk
er the peace
aa
No 11
Adms. A c 12 July 1848 A 27. W. Spru On 4 March 1848
John P. B. Silver Hearne of W. H.

State of New York } County of Greene } 17 17 17
On this thirtieth day of September 1848 before me John Thompson - a Justice of the Peace in and for said County, personally appeared Elizabeth Burgess who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the increase of pension which she has been informed and believes is due her under the Acts of July 7 th 1838, March 3 rd 1843 and June 17 1844, That she is the widow of Stephen Burgess, deceased, who was a private and corporal in the War of the Revolution, And that she has received a pension under the aforesaid Acts of Congress at the rate of Twenty Seven Dollars and Sixty one cents per annum, And still remains a widow. In support of which claim she refers the pension Department to the evidence on file in that office in connection with such other proof as may be forwarded by her Agent Wm Valentine of Albany N.Y. Subscribed & Sworn to before } on this 30 th day of September 1848 } John Thompson Justice of the peace Elizabeth her X Burgess mark
I certify that Elizabeth Burgess above named is the identical person therein set forth and I verily believe her statement is entitled to full faith and credit
John Thompson Justice of the peace
see N.Y. Times W.W.

Greene County } Clerk's Office } State of New York
I Isaac Van Schaack Clerk of the County aforesaid do Certify that John Thompson Esq. whose name is subscribed to the foregoing Certificate was at the time of subscribing the same a Justice of the Peace for the County of Greene aforesaid duly Elected and qualified as such Justice according to the Laws of the State of New York I further Certify that I am well acquainted with the hand writing of the said Justice and verily believe the Signature to be genuine.
In witness whereof I have hereunto Set my Hand and the Seal of the County Isaac Van Schaack Clerk
Catskill October 14 th 1848

Greene County } Clerk's Office } State of New York
I Isaac Van Schaack Clerk of the County aforesaid do Certify that John Thompson Esq. whose name is subscribed to the foregoing Certificate was at the time of subscribing the same a Justice of the Peace for the County of Greene aforesaid duly Elected and qualified as such Justice according to the Laws of the State of New York and I further Certify that I am well acquainted with the hand writing of the said Justice and verily believe the Signature to be genuine.
In witness whereof I have hereunto Set my Hand and the Seal of the County Isaac Van Schaack Clerk
Catskill October 14 th 1848

[Persons making application at the Comptroller's, or Secretary of State's Office, for searches, or certificates of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, November 1 1848.
I hereby certify the above to be true extracts from Book No. 2.4. now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
   First — under Capt. Lethrop Allen in Col. John Warner Regiment.   Second “ “ John Davis “ Lt “ Asa Waterman “   Third “ “ Joseph Harrison “ “ Marinus Willett “   Fourth “ “ “ “ “   Fifth “ “ “ “ “   Sixth “ “ “ “ “   Seventh “ “ “ “ “   Eighth “ “ “ “ “   Ninth “ “ “ “ “   Tenth “ “ “ “ “   Eleventh “ “ “ “ “   Twelfth “ “ “ “ “   Thirteenth “ “ “ “ “   Fourteenth “ “ “ “ “   Fifteenth “ “ “ “ “  
I have examined the rolls for the above, and find £ 29. 18. 09 to be correct. }
John Hancock
Examining Clerk.
William H. Moore
Comptroller.

(No 4)
Residentary Chair
5149 - Jany 1 1844
NY
Eliz Dugay
3 March 1843
$27:61 per an
Henry Justice Lexington Ky N. York Penns Washington City

State of New-York County of Greene } ss-
On this nineteenth day of November  September in the year of our Lord one thousand Eight hundred and forty-three personally appeared before me Elizabeth Burgeps the undersigned a Justice of the peace in & the County aforesaid Elizabeth Burgeps a resident of the Town of Lexington in the County of Greene aged seventy three years, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress passed on the 3 d March 1843, granting pensions to widows of persons who served during the Revolutionary war
That she is the widow of Stephen Burgeps who was a Corporal in Col., Willets Regiment of the New-York troops & the annual amount of the pension which she received under the act of July 7, 1838 was Twenty seven dollars and sixty one cents-
She further declares that she is still a widow-
She further applies for an increase of the pension & would refer the department for evidence in support of the same to the affidavits of Amos Humblin & William Avery (both now deceased) filed in the war office by the applicant when she made her declaration under the index the act of 7 July 1838-
Sworn to and subscribed to on the day and year above written
Elizabeth Burgeps
Henry Godlee Justice of the peace.
I hereby certify that Elizabeth Burgeps, above named and who has subscribed the foregoing declaration is personally known to me, that she is the widow of Stephen Burgeps & further that she is a woman of truth and veracity
Henry Godlee Justice

Direct to me at Lexington, N. York Henry G. Gable

STATE OF NEW YORK, } GREENE COUNTY CLERK'S OFFICE. }
I, William Pierson, Clerk of the County of Greene, do hereby certify that Henry Gaslee Esquire, whose name is subscribed to the certificate of proof or acknowledgement of the annexed instrument in writing, and thereon written, was at the time of taking such proof or acknowledgement, a Justice of the peace in and for the county aforesaid, dwelling in the said county, and duly authorised to take the same. And that I am well acquainted with the hand writing of the said Henry Gaslee and verily believe that the signature to the said certificate of proof or acknowledgement is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said county, the 27 th day of December 184 3
William Pierson Clerk

Know all men by these presents that I Stephen Burgess of the County of Columbia and State of New York was late a Law in Rigament Commanded by Colonel Moses Graham and Malcom in the service of the State of New York and in con- sideration of the sum of one pound to me in hand paid upon the sealing and delivering hereof by Anthony Maxwell of Claverack County of Columbia and State of New York Now these presents witnesseth that I the said Stephen Burgess hereby appoints the said Anthony Maxwell my true and lawfull Attorney Irrevocably to ask solicit and obtain of and from the Treasurer in my name or otherwise but for the sole use benefit and behoof of the said Anthony Maxwell his heirs and assigns all such Monies , Notes and bounties as may be found due to me for my services aforesaid and I the said Stephen Burgess for myself my heirs Executors, administra- tors do here covenant promise and grant unto and with the said Anthony Maxwell his heirs Exe- cutors administrators and assigns that I will not revoke or annul the power of Attorney herein contained, or to any act that will impide the said Anthony Maxwell his his heirs and assigns in receiving all such Monies  Notes and Bounties that is or may be found due to me for my services Services aforesaid - in witness whereof I have hereunto set my hand and seal this fourth day of March in the year of our Lord one thousand seven hundred and ninety one Sailed an attested in the presence of Isaac D. V. Valkenburg Henry Plotner My friend Malcom  Purvis  interline Stephen Burgess (L. S.)

Received 10 th May 1791 from Sirard Bancker Treasurer Two Certificates for six pounds, sixteen Shillings & ten pence pursuant to the above power which I warrant to be genuine — L 4 3 6 8,  2 13 4 L 6 16 10
Personally appeared upon me the within named Stephen Burgess and acknowledged the within instrument to be his act and deed this 4 day of March 1791 Isaac P. Vankeburgh, Justice.
I certify that Stephen Burgess has served as within mentioned. John M c Kinstry
State of New York Comptroller's Office 3 I certify that the foregoing is a true copy of an assignment and power of Attorney remaining in this office that the same is a correct transcript of the whole of said original and of the several instruments written thereon H. D. Washburn Clerk. J. M c Brook Comptroller.
  3 3/4  10  6.16.10    12 3/4  125  2.2.8     125  9.19.6     11.25  20      180      22 50      11.25  

State of New York County of Greene }/p On this 7 th day of September September 1838 personally appeared before the undersigned Stephen Rennie one of the justices of the peace for the county of Greene Amos Hamlin a resi- dent of the town of Durham county of Greene & state of New York aged 72 years who being first duly sworn according to law doth on his oath depose & say that he was well acquainted with Stephen Burgep now deceased a soldier of the revolution. That deponent in March 1782 enlisted for two years into the service of the United States as a private in the militia of the state of New York or state troops of New York, his term of enlistment commencing the 27 th day of March 1782, that he joined Capt Simeon Newels company at Albany & was attached to Col Marinus Willet regiment and was march- ed out on to the frontier along the Mohawk river and served until January 1784. That during the spring and summer of 1782 the said Stephen Burgep belonged to another company in the same regiment does not recollect the name of the Captain, a company composed of men enlisted for nine months that deponent frequently saw said Burgep on duty in said company & knows that he served in the same regularly does not know the time when he enlisted but believes that he enlisted as soon as deponent did and commenced service as soon as deponent did. That in the fall of 1782, deponent does not recollect the precise time say the first day of November as deponent is positive that it was as soon as that day or before, the said Stephen Burgep joined Capt Newels company in which deponent served as third or fourth Sergeant and continued to serve as sergeant in said company until October or November 1783, deponent is under the impression that said Burgep was discharged or went home on furlough in Oct. or Nov (1783) seventeen hundred & eighty three, but is not positive but he continued in the service & was dis

charged at the same time deponent was in furlough 1784 deponent does not recollect whether Burgeps aforesaid served as Sergeant in the company before he joined Capt Newell's company - deponent believes that the said Burgeps served as aforesaid from the 27 th day of March 1782 'until October 1783 and knows that he served as a ser- -geant after Nov 1 st 1782 - deponent has heard & believes that the said Stephen is dead
Amos Harrlin
Sworn & subscribed this 7 th day of September 1838 before me the undersigned and I further certify that I am per- -sonally acquainted with the said deponent Amos Har- -lin and know him to be a credible witness and his statements entitled to full credit - that "troops" & "or went home on furlough" were interlined before sworn
Stephen Renne Justice as aforesaid

State of New York County of Greene } ss
On this 12th day of September 1838 personally before R. C. Field a justice of the peace in for said county of Greene, Williams Avery a resident of the town of Cairo county of Greene and state of New York aged 74 years who being first duly sworn according to law doth on his oath depose & say that he was well acquainted with Stephen Burgeps now deceased a Revolutionary soldier that deponent in the spring of 1782 enlisted into the New York state troops and at Albany was put into Capt Simeon Newell's company Col Marinus Willet's regiment and was marched out on to the frontier along the Mohawk river, in which company deponent continued to serve after joining the same until discharged in January 1784. that in the fall of 1782 say on the first day of November as deponent is positive it was as soon as that day or before the said Stephen Burgeps joined said Capt Newell's company as fourth Sergeant and continued to serve in said company as such sergeant from that day until November 1783 does not recollect seeing him after that time; That the said Stephen Burgeps before joining said company of Capt Newell belonged to another company in the same regiment does not recollect the name of the Captain, a company of men enlisted for nine months, does not know how long he served in said company or whether he served as sergeant or private. That the said Stephen Burgeps is dead leaving a widow
J. Munn
Sworn & subscribed before the undersigned the day

of year first aforesaid and I further certify that I am personally acquainted with the said deponent William Avery that he is a credible witness and his statements entitled to full credit
R. C. Hill — justice as aforesaid

Cairo, Jan. 24 th 1809
Genl L. Edwards Esq.
Com. of Pensions,
On receipt of your communication of the 26 th ultimo in relation to the application of the widow of Stephen Burgess, I addressed a letter to the post Master at Canaan N. Y. as Mrs B. was too poor to undergo the expense of sending them to procure testimony. In return, I have the affidavit of Mr Bristol, enclosed and also I send his letter. There must I think satisfy you beyond any possible or legal doubt that there is no record of Rev Mr Camp of marriages in being if there ever was any kept - probably there was not. Our proof of the marriage will then be admirable.
In relation to the service of Stephen Burgess the concerning the rolls & proof of service are perfectly reconcilable, and further the rolls supply a deficiency, we were unable to prove. Capt Harrison, & Newhall's companies were formed by enlistments I suppose made in the spring of 1782. Mr Burgess enlisted or was placed into Capt Harrison's company as then organized and his name placed on the company rolls. Of this service Mrs Burgess was unable to find any proof save the affidavit of Dr Amos Hamlin that he served in another company than Capt Newhall's name of Captain not recollected. Dr Hamlin & Wm Avery in their affidavits both swear positively that Mr Burgess joined Capt Newhall's com

=pany as a sergeant in the fall of 1782. The rolls of this company were prepared at the organization of the company, there was less care used, in noting the alteration in the company on the roll, and as Mr Burgep came into the company as an officer in place of of course, some other person originally entered on the roll, his name did not  pass =pen to be placed on the roll which has been pre- =served. This explanation appears satisfactory to me And at all events there can be no doubt of his service in Capt Newells company as proved by the positive evidence of Messrs Hamlin & Avery, and as little doubt that he served in another company in the same regiment previous to joining this company Mrs Burgep can therefore reasonably (we think) take it for granted that the service of her husband is proved for 7 mos 16 ds in Capt Harrisons company, from the time of his enlistment or enrolment in that company and after that in Capt Newells company till the conclusion of the war as by the affts of Messrs H & A. - At any rate she has no further proof and can throw no further light on his service - the hand of time has swept off all further remembrances of that period and she must submit it to your disposal.
Yours
Amasa Mattson

In the case of Peter Simpson an applicant under act of June 7 th 1852 I forwarded on supplemental papers more than three months since and have received no return.
A. M.

Albany N.Y. Dec 29 th 1848.
Sir
Enclosed is the Declaration, in the application of Elizabeth Burgess for the benefits of the Act of Febry 2, 1848. She is also an applicant for an increase of her pension. The papers were forwarded by me on the 1 st ult.
I am Yours very respectfully Mary Valentine
J. S. Edwards Esq Comm y Pensions Washington
3

Elizabeth Burges Widow of Stephen (N o 13) N York.
Inc d July 7 1838 8 c
Interest on Corp $27.61 3 " 12 th pri 11 25 $38.86
a year from Lillch 1836 2 years, excepted, & De- ducting $27.61 a year,
Certs J. N. Coffin Esq Present

Brief in the case of Elizabeth Widow of Stephen Burge of New York Under the Acts of July 7 1838 &c.
She was pensioned under the above acts for 7 months & 16 days service of her husband as a corporal, which was shown by record. It is now shown by the records of the Office of the Comptroller of New York that in addition to the service as corporal he served 3 months & 12+ days as a private. With this last service, he is not only identified by witnesses to his original claim - made many years ago, but by the production of a Power of Attorney to one A Maxwell made in Columbia County NY in 1791 to collect the amount due him for services rendered under Col. Graham, and the amount thus received is en- tered in the said Power of Attorney, = He always lived in Columbia County as his friendly witnesses now & as was expected when she first made her declaration when she could have had no idea that the place of his resi- dence would ever be of importance in the adjudication of a pension case = The case is, therefore, increased for this last service.
Send to
J. N. Coffin Esq Present
Thornton D. Niplett Examiner

War Department Pension Office
Dec. 26. 1838
Sir,
The papers of Mrs. Elizabeth Burgess, widow of Stephen Burgess have been examined and filed. It is alleged that the claimant's husband entered Capt. Newhall's company, Col. Willett's regiment in 1782, and continued therein till the close of the war as a Sergeant; but on an inspection of the rolls of Captain Newhall's company, his name does not appear there. His name is on the rolls of Capt. Harrison in which he seems to have enlisted as a Corporal, and to have served but 7 months and 16 days. The proof in relation to the date of the claimant's marriage is not satisfactory. It should be made to appear that there is no record of the marriage in the possession of the Rev. Mr. Camp, or his successor, before parole evidence can be admitted.
I am respectfully
Your Obet. Servt.,
J. L. Edwards
Amasa Mattoon, Esq. Cairo N. York

Washington June 24. 1857.
Sir: In the Revolutionary Pension case of Elizabeth Burge of New York widow of Stephen, Admitted under Act Feb y 2 d 1848, I desire to take an Appeal from the Decision of the Commissioner of Pensions to the Secretary of the Interior, and respectfully request that the papers in the case may be transmitted to this Office of the Secretary of the Interior.
I am Very Respectfully Your Obed t Serv t Isaac N. Coffin.
George C Whiting Esq. Commissioner of Pensions Washington D.C.

Washington July 5 th 1857.
Sir:
In the Revolutionary Pension case of Elizabeth Burgeps widow of Stephen now under the Act of 2 d Feb y 1848, in which I recently took an Appeal to you — my Reasons of Appeal are as follows.
1 st That the Evidence of Doctor Amos Hamlin and Williams Avery, was not admitted in the adjudication of this case. The ground of rejection of this Evidence, is, that testimony that a person served to the end of the war, is not regarded. But I contend that even if that is the habit, there is no such testimony in the evidence of Dr. Hamlin & Mr. Avery, but the exact words of that evidence is, as follows as you will see for yourself by the Original papers. Doct Amos Hamlin of whom the Officer Certifies "I know him to be a credible witness and his statements entitled to full credit ", (the testimony given at the comparative early period of year 1838) the very year this Rule was prescribed by the President in the affidavits of persons of known respectability That deponent in March 1782 "joined Capt Simeon Newell's Company at Albany & was attached to Col Marinus Willett's Regiment" "That in the Fall of 1782, deponent does not recollect the precise time, say the first day of November as deponent is positive that it was, as soon as that day or before, the said Stephen Burgeps joined Capt. Newell's Company in which deponent served as third or fourth Sergeant, and continued to serve as sergeant in said company until October or November 1783" — he continued in the service & was discharged at the same time deponent was, in Jan y 1784 "knows that he served as a Sergeant after Nov 1 st 1782." Williams Avery of whom it is certified by the Officer that "he is a credible witness and his statements entitled to full credit ", at the comparative early period of 1838, Swears that "deponent in the Spring of 1782 enlisted in the New York State Troops, and at Albany was put into Capt. Simeon Newell's Company Col. Marinus Willett's Regiment;" — "in the Fall of 1782, say on the first day of November as

deponent is positive it was, as soon as that day, or before, the said Stephen Burgess joined said Capt Newell's Company as fourth Sergeant and continued to serve in said company as such Sergeant from that day until November 1783, does not recollect seeing him after that time." Thus, a mistake has been made in the adjudication, because, instead of mere vague and general evidence that he served to the end of the war, there is precise, specific & definite evidence by two gentlemen of the Highest Respectability, who served in the identical company, Pensioner, of the United States, of his service.
2 d The Official Report of the Pension Office to the Senate of the United States, being Document No 37 of 32 Cong. 1 st Sess. made only five years ago, and being an Official — Formal — Grave — Deliberate Report, made to that August Body the Senate of the United States — and being Repeatedly expressed as follows, must be considered as the Fixed and Established Rule of the Pension Office, viz, at page 129 it was Decided in the case of George Lope: No such name appears on the rolls of Van Rensselaer's regiment — claimant should cause his service to be specified by a credible witness who can give the names of the officers." At page 291 of same, it is shown the Pension Office Decided in the case of Lopera Tanny as follows, "Not on the New Jersey Rolls of the waymen. He must prove his service by at least one credible witness." At page 213 of same, it is shown the Pension Office Decided in the case of William Watters as follows: "Service in the flying camp alleged. The proof by at least one credible witness is required." In the letter of the Pension Office in the present case, of Dec r 26. 1838, it stated "on an inspection of the rolls of Captain Newell's company his name does not appear there — whereas in the three instances above quoted, notwithstanding the name does not appear on the rolls but one witness is required and that is not required to be a Revolutionary Pensioner, whereas in Elizabeth Burgess's case there are two of that description, on whom the stamp of truth has been placed by the United States by admitting them on the Pension Roll and a grave Decision made that they were in a situation to know the facts about which they testify.

3 d The Enactments of Law, in the bringing forth of which, Legislation expressly states and defines its meaning in regard to what is the "satisfactory evidence" of the 3 d section of the Act of June 7. 1832, of which the Act of July 7. 1838 under which she claims grants, (as are its words) "the annuity or pension which might have been allowed to her husband, in virtue of the said Act if living at the time it was passed." To show that Legislation does require the Evidence of D r Kemble & M c Alister to be received, I request attention to the following: The Attorney General of the United States, in published Opinions, Vol 1 pags 44 & 52 Decides, "I do not think it would be proper on the part of the President in the exercise of his reviving power, to reject the principles established by the Report of the Committee and adopt others, in conflict with them. Considering the Report as I do in the light of a Preamble to the law , I think that its principles ought to be respected." I consider the Bill which accompanied that Report as a part of that Report and the passage of the bill into a law as a virtual adoption of the Report of which it was a mere consequence . Decisions of same principle are at pages 1159 & 1343, thus Will Attorney General coinciding.
Applying the above numerous Decisions to the case of Frederick Hopkins, a bill for whose relief was Approved March 3 d 1847, the Report is in the following words, "It is understood that a pension was refused the applicant by the Commissioner of Pensions, on the ground that his name was not found on the Roll of Webb's Regiment, which was deemed to be correct. The Committee are of opinion that the spirit of the law looks rather to the service than the enlistment, and as his SERVICE is abundantly proved , by persons who are certified in the usual manner to be credible, — it was Decided by Congress that this case "not found on the roll" but proved by parol testimony was included in the Act of 7 th June 1832"
That which shows that this Law in the case of

Frederick Hopkins being a Law in pari materia with the Act of 7 th June 1832, they are to be taken together, to ascertain the sense and meaning of the legislature. I quote from Decision of the Attorney General of the United States, what is equally applicable to this case at page 134 of Way & Moulton's Pension Laws , Edition 1834 as follows, "The several Statutes of the Legislature of Virginia upon the same subject — that of bounty in land to the officers and soldiers of the revolutionary war — are, of course to be taken together and construed as one act, in order to ascertain the true legal intent of the lawgiver. "It is our duty says Chief Justice Parsons" to consider other Statutes made in pari materia , whether repealed or unrepealed" (Church vs Crocker 3 Massachusetts Reports, 17-21) "For Statutes," says Chief Justice Parker are not to be taken according to their very words, but the provisions may be extended beyond, or restrained within the words, according to the sense and meaning of the Legislature apparent from the whole of the statute, or from other Statutes enacted before and after the one in question. "
4 th The Secretary of the Interior's letter to the Commissioner of Pensions of March 10 th 1850 — after quoting the Commissioner of Pensions letter of the danger of receiving parol testimony of distant events and admitting that danger, Decides as follows: "Still such evidence [parol] may prove the fact fully and certainly and if it does this Department has no right to reject it.
Not only is there no Authority in the Law for such a rejection of legal evidence, but it is in addition  Direct Opposition to the Law and Direct Contradiction of the Law . To refuse this venerable & worthy widow Mrs Elizabeth Burges the effect of the legal evidence of Doctor Amos Hamlin & Mr Williams, both proved to be respectable and credible could not be otherwise than Contrary to the Law of the Land and in the Extreme Degree Oppressive.
Rev. Jacob Thompson Secretary of the Interior.
I am Very Respectfully, Your Obd Servt Isaac M c Coffin.

Isaac K. Coffin Washington - D.C. July 5. 1857
Appeals from the decision of the Commg Pensions in the case of Elizabeth Burgess , widow of Stephen Burgess decd. Claimant for a revolu- tionary pension, under Act of February 2 d 1848
Respectfully referred to the Commg of Pensions for a report
Dept. St. July 14/57 Moses Kelsay Chf Clerk
Rec'd 13 July 57 Mr. Pritchett

Elizabeth Burgefs for increase
Brief
Dodge

Brief in the case of Elizabeth Burgefs, widow of Stephen Greene County and State of New York act July 7, 1838 and subsequent acts
Claim, (" original " "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
The claimant's attorney having taken an appeal in this case - all the evidence, and the records in this office relating thereto, have been reviewed - from which it appears very clearly that the claimant's late husband served as much as 17 months and 7 days as Corporal and Sergeant - and for this the increase is allowed, from the former rate of $38.86 per annum.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
The record evidence that Burgefs was a Sergeant appears to have been overlooked or disregarded as misapprehended. This increase is made with the express approval of the forum.
Name and residence of Agent
Isaac A. Coffin
Present.
S. G. Dodge
Examining Clerk.

Washington June 23 d 1856.
Sir: I herewith transmit letter of Moses Burges in the Bounty land claim of his mother Elizabeth Burges of Green County N.Y. widow of Stephen, which widow is a Revolutionary pensioner under Act July 7 th 1838 and subsequent Acts and was an Applicant under Bounty land Act of March 3. 1855. Husband served under Capt Harrison in New York Volunteers 7mo: & 16 days for which she was pensioned. I respectfully request that the Warrant may be issued and enclosed to me.
I am Very Respectfully Your Obed Servt Isaac N Coffin W
Hon: Jonah Minot Commissioner of Pensions Washington, D.C.

Barnbridge June 14/56
Dear Sir
I write to Enquire how Your Progress and Succeed in your Undertaking in the matter of my Mother's. Joint Land Claim & Pension Matters. Please inform me soon - as convenient.
Truly Yours - M rs . B. Burges

3109/46. NY
Windham Centre June 16 th 1864 Hon Josph N Borrett Comr of Pensions Dear Sir
I write you in regard to Mrs Elizabeth Burgess Pension widow of Stephen Burgess who was a Corporal & Sergeant in the Revolution
It appears that she was granted a Pension of $38.86 under act of Feb 4/48 as I suppose and again in 1857 She was granted an increase of pension to the amount of $75.26. to commence back to March 4 th 1848 and was paid up to that amount
The following is copy of her certificate " Department of The Interior. Widow's Pension " I certify that in conformity with the act of " Feb 2 nd 1848 Elizabeth Burgess widow of " Stephen Burgess who was a corporal & " Sergeant in the Revolutionary war is inscribed " on the pension list at the rate of $75.26

per annum commencing on the 4 th day of March 1848 continuing for life unless she shall again marry in which case the pension is not payable after the time of such marriage deducting from payment at the rate of $38.86 per annum
GIVEN at the Department of the Interior this 28 th day of Sept 1887 Geo C Whiting J Thompson Secy of Int Commrs in of Pension
I suppose that Mrs Burgess is entitled to a full pension of $96.00 or more under the late acts of Congress she is poor & old and it is a hard matter for her to get along Please inform me what this is about it

I also wish to make some inquiry about a claim for Back pay of Isaac Hotchkiss who was a Wagon Master or Quartermaster in Gen Bruns Army The Application was made by H H Sylvester of Chesterfield New Hampshire as atty for the Heirs of Isaac Hotchkiss It was made some time in 1857 and remained pending until 1855 at which time Sylvester wrote to the heirs that he expected to get the Case allowed soon Since which time he, have heard nothing from Sylvester Will you have the kindness to see how the case was disposed of & inform me as soon as possible
Very Truly Yours Samuel P Dues