Revolutionary War Pension and Bounty Land Warrant Application File S. 30,905, Nicholas Burger, Va.

SERVICE
NUMBER
Va.
Burger, Nicholas
S. 30.905
CONTENTS

1270.
Kentucky
Nicholas Binger
of Union in the State of Kentucky who was a private in the Comp y commanded by Captain Hill - of the Reg t commanded by Col. Heath in the Virginia line for 2 years from 1778-
Inscribed on the Roll of Kentucky. at the rate of 80. Dollars - Cents per Annu y : to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 th day of October 1832 - and sent to James B Hughes, Morganfield, Ky
  Arrears to 4th of Sept 1832  120. -    Pemi=ant. allowance ending 4 th March 1833  40     160. -  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Book D Vol. 9 Page 32,

State of Kentucky } ss County of Union } ss
On this 20 th day of August 1832 personally appeared in open court before Daniel McKinney Lewis Greenwell Joseph Neay John G. Cockey John G. Renace & George Johnson Justices of the County Court for the county of Union now sitting Nicholas Burger a resident in the said County of Union and State of Kentucky aged seventy one years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers and served as hereinafter stated
In March 1778, being a resident of Albemarle County Virginia, he volunteered and joined Lieutenant Hudson's Company of Albemarle County, the company immediately marched to Valley Forge Pennsylvania and joined the American Army - himself and the men who volunteered under him were attached to the company which had been commanded by Capt. Matt. Jewett of Albemarle (he having died) was then commanded by Capt. Hill - were attached to the 7 th Virginia Regiment called "Richardson's" but then commanded by Col. Heath and were in Woodford's Brigade - the British Army was then in possession of Philadelphia - when Philadelphia was abandoned by the British Army, he was marched with the American Army in pursuit of the British through Jersey, was in the detachment under Genl. La Fayette that brought on the Battle of Monmouth - marched over the North River to the White Plains in New York, then to West Point & was employed in

building or repairing the fortification there - were afterwards marched to Red Bank New Jersey where huts were erected and the army went into winter quarters and in March 1779 he received his discharge at Red Bank and came home in company with his Lieutenant Robert Jewett of Albemarle having served at that time twelve months
In the fall 1779 when Arnold invaded Virginia he went from Albemarle to Amherst and there joined the the Militia company raised and commanded by Capt John Morrison of Amherst - Marched to Richmond and then to Petersburg, where he believes they were attached to the regiment commanded by Col. Mead, being only four companies, and under the command of Gen d Lawson - was kept on duty at Petersburg until the last of the winter or first of the spring, was then marched home and discharged, having obtained a certificate of discharge for two terms of duty of three months each -
In the summer 1780, he joined the Militia company raised by Capt s Grason or Gresham of Albemarle, was marched with three other companies (4 altogether) under the command of Col d Boyd to Little York and were kept on duty there until March 1781 when he was permitted and did volunteer to go on board a small vessel under the command of Capt s Lilly who was charged by the Governor of Virginia with dispatches to Gen d La Fayette - he went with Capt s Lilly on the vessel (called he believes a sloop) down York river into the Chesapeake, was pursued by the British shipping into the mouth of the Patuxent where they met Gen d La Fayette who had also been chased into the Patuxent - Gen d La Fayette landed his troops and marched by land - the vessel was taken up the Patuxent - Capt s Lilly not being able to take the sloop

back to Little York through the British shipping discharged him and the other young men who had volunteered in that important but dangerous enterprise when he again returned home to Albemarle.
In April or May 1781 before Tarleton came to Albemarle, he again volunteered and marched with the militia company, commanded by Capt James Woods of Albemarle, to Richmond, thence below Richmond where the company was attached to Col. Richardsons Regiment - When Woods term expired, he joined Capt Martins company in Richardsons Regiment, - was marched to Williamsburg, from there to the siege of York and remained there on duty, until the capture of Genl Wallace and was then discharged.
For the first term of twelve months he had a discharge which was afterwards committed to Mr Jefferson who was under the belief that the Virginia Legislature would make compensation to the Virginia troops - he has never received the discharge since.
For the other terms he received discharges as he thinks they were called certificates showing the terms of duty performed - these certificates he believes were sent to some office in Richmond - He was in the army two years and nearly six months - He has no documentary evidence, and he knows of no person (from length of time death and dispersal) whose testimony he can procure, who can testify to his service.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Nicholas Barger

Mr. Claiborne Drake, a clergyman residing in Union County Kentucky and William Pettit & Rowland Griggs residing in said County - hereby certify that we are well acquainted with Nicholas Berger who has subscribed and sworn to the above declaration and we believe him to be seventy one years of age - that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion -
7558
Sworn & subscribed Monday 4 years aforesaid
Claiborne Drake William Pettit Rowland Griggs
And the said court do hereby declare their opinion of the matter and after putting the interrogatories prescribed by the War Department, that the above applicant was a revolutionary soldier and served as he states - And the court further certifies that it appears to them that Claiborne Drake who has signed the preceding certificate is a clergyman residing in Union County and that William Pettit & Rowland Griggs who has also signed the same are residents in Union County and are credible persons and that their statement is entitled to credit
James R. Hughes clerk of the County Court of Union County in the State of Kentucky do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application

of the matter and after putting the interrogatories prescribed by the War Department, that the above applicant was a revolutionary soldier and survived as he states - And the court further certifies that it appears to them that Claiborne Devall who has signed the preceding certificate is a clergyman resident in Union County and that William Pitts & Rowland Gwynn who has also signed the same are residents in Union County and is a credible person and that their statement is entitled to credit
I James R. Hughes clerk of the County Court of Union County in the State of Kentucky do hereby certify that the foregoing contains the original proceed- ings of the said Court in the matter of the applica- tion of Nicholas Burges for a pension as herein- to be certified
In Testimony whereof I have hereunto set my hand and seal at office this 20 th day of August A.D. 1832 In the 59 th year of the Common- wealth
James R. Hughes.

7558
Nicholas Burger
If we will admit it a rule from 1778 two years, private p 80

7558 BRIEF in the case of  Nicholas Burgess of Union County in the State of Kentucky (Act 7 June, 1832.)
1. Was the declaration made before a Court or a Judge? open Court 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 3. How old is he? 71 4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Volun: In 1778 in March and serv d 1 ~ ~ private Gen. Col. Heath 7 th Va Regt. Gen Woodford Capt s : Jewett & Hill - in 2 nd tour Capt. Mo Morrison - Col Mead - (3 rd ) Capt Grat- son, Maj. Boyle - (4 th ) Capt. Woods, Col. Richardson   Fall 1779 do do ~ 6 ~   Summer 1780 serv d till March 1781   In Ap l or May 1781 & serv d till the surrender of Cornwallis   was in the Army 2 yrs & nearly 6 months  
5. In what battles was he engaged? Monmouth & Little York 6. Where did he reside when he entered the service? Albemarle Co. Va 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional on Rolls 8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
T. Waugh
Examining Clerk.

In reply to your request of _____, received _____ for a statement of the military history of Nicholas Burger a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
S. file 30,905
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     March 1778 1 year Hill Col. Heath Va   Feb 1779 6 mos. John Morrison " Mead   Sum. 1780 2 mos. 81 Erason or Bush Maj. Boyle   March 81 ✓ Lilly on board vessel   April or May 81 10 days { James Woods Martin Col. Richardson  
Battles engaged in, Monmouth & siege of York Residence of soldier at enlistment, Albemarle Co. Va. Date of application for pension, Aug. 20, 1832. Residence at date of application, Union Co. Ky. Age at date of application, 71 years Remarks: No aid for last period etc.

30905 Pay  INVALID.
1911 Apl. 21. History to Mrs. Harry B. Roth. C 1911 Oct. 7. above again advised to apply to Auditor for Int. Dept. f
File No. 30,905
Nicholas Burger Rev War
Act: June 1 st 39
Index:—Vol. 2 , Page 98
[Arrangement of 1870.]

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by J. S. C.
Claim No. _____
Certificate No. _____
Claimant Nich Burgher
Soldier Burzer
Berger
Service Va. Inf.
Additional Service _____
No _____ claim, State records _____, 191_____
No claim, combination records _____, 191_____
REMARKS:
No Rev. as above except S. 30905 { of any service.
Chief Division

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? no IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? ↪ XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? ↪ XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? ↪ XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? The Court declares they were put
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____ ; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated, as above directed.
‡ QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Record Division.
October 7, 1911.
Mrs. Harry B. Roth, Montgomery City, Mo.
Madam:
In reply to your letter dated the 1" and received the 4" instant, you are advised that the papers in the pension claim of Nicholas Burger, Sur. File No. 30.905, fail to show the dates of his birth and death, or the name of his wife.
For the date of last payment of his pension and to whom paid, you are again advised to apply to the Auditor for the Interior Department, U. S. Treasury Department, giving him the following information;
"Nicholas Burger, Ctf. No. 1,870, issued October 30, 1882, under the Act of June 7, 1832, at the Kentucky Agency."
The Revolutionary War pension records of this Bureau fail to afford any information in regard to William Niblack.
Very respectfully,
Commissioner.

Montgomery City 12/19/11 Commissioner of Pensions, Washington D.C.-
Dear Sir-
Would it be possible for you to kindly send me the places of birth and death, the date of death, and name of wife, of Nich 830900 Burgher or Berger of the Revolutionary War. If you can send any of these dates it will be

greatly appreciated-
And could you give me any information concerning a William Niblack from North Carolina who was in the Revolutionary War - Thanking you in advance for the trouble. I am, Mrs Harry B. Roth-

Commissioner of Pensions—.
Will you kindly give me any information that you can concerning a Nich. Burgher , who was in the Revolutionary War. He was in a Virginia infantry organization. Thanking you in

advance. Dan.
Mrs Harry B. Roth.
Montgomery City Mo.
\frac{4}{12} 1911
H.