Revolutionary War Pension and Bounty Land Warrant Application File W. 23,713, Israel Burbank, Mass.

SERVICE
NUMBER
Mass.
Burbank, Israel Ruth
N. 23,713
CONTENTS

32316
Maine
Israel Burbank, dec d . of York in the State of late of Maine who was a Pri in the Co commanded by Captain of the commanded by in the Mass. Line line for 7 mos 8 days
Inscribed on the Roll of Maine at the rate of $5 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831. Vending Sept. 1836, when he died
Certificate of Pension issued the 21 day of Apr. 1845 and sent to J. Bradford, P.M. Litchfield
Arrears to the 4th of Semi-annual allowance ending Maine
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by J. L. Swann, Clerk, Book E Vol. 1, Page 6
Pay to the order of Sweet, Asa Burbank & Israel Burbank only sur children,
Set to ag. 21 ap. 45

Papers under the Act of 1832, within. —
Rep: see Let: to Agt. 21: Apr. 1845.
Rep.
Sent to J. Bradford, Portland Me.
4097 Maine
Ruth Burbank, widow of Issac Burbank, who died on the 7 th September 1836. of York in the State of Maine, who was a Private, in the Com. commanded by Captain [blank] of the [blank] commanded by [blank] in the Mass. time for 7 Mo: 18 Days
Inscribed on the Roll of Maine, at the rate of 25 Dollars 33 — Cents per annum, to commence on the 9 th day of March, 1836. September,
Certificate of Pension issued the 23 day of Octo 1844 and sent to E. E. Bourne Kennebec Me
Arrears to the 4th of Semi-annual allowance ending
{ Revolutionary Claim, Act July 4, 1836, Section the 3 rd }
Recorded by P. L. Swann Clerk, Book C Vol. 1 Page 2.

Ruth Burbank

beg pre bo w the of
July 4 th 1836 -
ba the ta in se
a a a a h o 7 c s n
to b,

State of Maine
York County ss.
On this third day of October 1842, before the Probate Court for the County of York personally appeared Ruth Burbank of Hiram in the County of Oxford widow, aged eighty nine years, who being duly sworn, 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" and the Act of 23 August 1842,
That she is the widow of Israel Bur- bank who was a private in the Army of the Revolu- tion, four months in 1776 or 1777 in the Company of Cap- tain Elden at Cambridge and vicinity.
He was also a private, four months in the Company of Captain Joshua Mason of Col. Storer's Regiment, at the time of the taking of Burgoyne.
She further declares that she was mar- ried to said Israel Burbank on the sixteenth day of December, seventeen hundred and seventy six and that her husband the aforesaid Israel Burbank died on the ninth day of September eighteen hundred and thirty six - She was married to him prior to his leaving the service viz, on the sixteenth day of December, seventeen hundred and seventy six - and that she has remained a widow ever since the death of said Israel Burbank - said Israel at the time of the Revolutionary war lived in Arundel.
Witness Wm. A. Hayes - Bruth  here Burbank E. E. Bourn
Sworn and subscribed in open court
Before Wm. A. Hayes Judge of Probate York County, Me.

On this 20 th day of February in the year of our Lord one thousand eight hundred and forty five appeared before the Hon Asahel Ware Judge of the United States for the District of Maine, Dorothy Swift a resident of Portland in the County of Cumberland and State of Maine aged fifty years who upon oath makes the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832.
That her father Israel Burbank was a soldier of the revolution and served in Capt Elden's and Capt Mason's companies about eight months as she believes in two or three several enlistments. That her mother Ruth Burbank has made application for and has received the benefit of the act of July 4 th 1836 and as she believes received a pension of $25.33 per annum commencing on the 9 th of September 1836 and terminating with her death.
She further declares that her father the said Israel Burbank died on the ninth day of September A.D. 1836 and that he never made application for the benefit of the act of 1832 in his life time , and that said application as she believes was not made by him in consequence of his mental infirmities in the latter part of his life. She further represents that her mother the said Ruth Burbank died on the 4 th of April 1843. and that the children and only surviving children of said Israel & Ruth Burbank are this declarant - and Asa Burbank and

Israel Burbank. She therefore in her own behalf and in behalf of the other children above named claims the pension that her father would have been entitled to receive under the act of June 7 th 1832 if application had been made therefor in his life time.
As to the proof of service of her father and the proof of his death, she refers to the declaration of her mother Ruth Burbank, made for the benefit of the act of 1836 - and she believes also that the certificate of some board of record is with vouchers now in Washington as which payment of the pension of her mother was made - showing that the only surviving children of her father are those above named -
Sarah J. D. S. D. S. D.
Signed & sworn to before me this 20 th day of February 1841
Asahel W. W. W. Judge of the U.S. Dist. Court District of Maine

I, Joshua Hemen, Clerk of the Town of Heme- larkport in the county of York and State of Maine, certify, that under the head of "Marriages" in the records of said town is the following, "Seventeen hundred and seventysix December sixteenth Israel Burbank and Ruth Merrill" And the same is a true copy of the record, with the exception of the date which is expressed on the record in fair legible figures as follows, "1776, Dec- 16 th Israel Burbank and Ruth Merrill"
Joshua Henson } Clerk of the town } of Wernhamport
I, Joshua Hinck above named depose and say that I hold the office of Town Clerk in said Town of Kennebecport in the county, town & state aforesaid, and that the above is a true extract from the records of said Town with the ex- ception above named as certified by me -
Joshua Henson } Clerk of the } town of } Mendon
State of Maine
York ss Oct 1842, Personally appeared Joshua Herrick who is a credible witness and made oath to the truth of the foregoing declaration by him subscribed
Before me Edward E Bourne Justice of the Peace

State of Maine York County, So. I William Hammond, Register of the Court of Probate within and for the County of York and State aforesaid, do hereby certify that William A. Hayes is the Judge of said Court of Probate, and that Edward E. Bourne is an acting justice of the peace in and for said county duly commissioned, and qualified, that his commission was dated on the twentyfifth day of June A D 1841 and will expire on the twenty fifth day of June A D 1848, and that their signatures above written, are their gen- uine signatures
Given under my hand and the seal of said county this eighteenth day of October A D 1842
William Hammond Register

I Peleg Wordsworth 2 d of Hiram in the County of Oxford, Husbandman, fifty one years of age do on oath testify and declare That Israel Burbank late of said Hiram deceased, lived in my family seventeen years previous to his death, — I further testify That he died on the ninth day of September eight eighteen hundred and thirty six, and that Ruth Burbank still living is his widow never having been married since. Said Is- rael Burbank never knew that he was en- titled to a pension, for a term of service less than nine months. — He always said it lacked a few days of nine months, and he would not take a false oath as some others did. He was seized with or three years before he died with a shock of the palsy and after that had not the power of speech. — I never knew that he was entitled to it until his brother Abel Merrill came to see Mrs Burbank This is the reason why no application has been made before for a pension.
Peleg Wordsworth 2 d
State of Maine
Yorl ss. Oct 3. 1842 —
Personally appeared Peleg Words- worth who is a credible witness and made oath to the truth of the foregoing declaration by him subscribed
Before me —
Edward E. Bourn Justice of the Peace

Rev
WIDOW, &c.
File No. 23713
Ruth Burbank widow of Israel Burbank Prior Rev war
Act July 4 th 1836
Index: Vol. A , Page 116
[Arrangement of 1870.]

Letter to E. Bourne 14. Oct. 1844

5687. M D
Let. to E. C. Bourne Oct. 25. '42 to Same Mar 21 st 1843 to Same May 6 1843 " " July 24. 1843 " " Augst 2. '43 " Same June 24/44 act 4 July 36

Walter Elsom
Jan 24 43
Buxton Centre Mr Jan 25 th 1843
/10
E. B. Bourn Esq. Kensington

E. E. Bourn Esq. &c. In reply to your inquiries relative to Capt. John Elden I can barely say from my Mother's recollections of him that he was a Captain & was out in the service but what year she knows not If any such papers were left by him they were at Mr. Hill Elden's in this town he was my Great Grandfather Respectfully yours Nathan Elden Buxton June 24. 1843

Portland Feby 20. th 1845
Sir
I enclose the application of the children and only surviving children of Israel Burbank for the pension said Israel was entitled to under the act of June 7 th 1832. Reference is made in this application to the papers of Ruth Burbank the widow of the soldier for proof in this case.
I am very Respectfully Your Obt. Servt H. Bradford
J. L. Edwards Esq Comm. of Pensions Washington D.C.

Portland Feby 20 th 1845
Sir
I enclose the application of the children and only surviving children of Israel Burbank for the pension said Israel was entitled to under the act of June 7 th 1832. Reference is made in this application to the papers of Ruth Burbank the widow of the soldier for proof in this case.
I am very Respectfully Your Obt. Servt H. Bradford
J. L. Edwards Esq Comm. of Pensions Washington. D.C.

No 35990
Israel Burbank dec d Me.
Act 7 June 1832
Adm o . 7 mo 180 per $2.5 33 / 100 per Annu
from 4 March 1831 to 9 th September 1836, the day of his death payable to Dorothy Swift, Asa Bur- bank and Israel Burbank only surviving Children of Israel Burbank dec d .
F. Bradford Portland Me.

Thennelunk Feb 28 1843
Sir
Such has been the state of my business that I have had no opportunity to attend to the case of Ruth Burbank, since the reception of your letter. I herewith send you an explanatory deposition of Jacob Merrill. While communicating to me the facts relative to his service, he frequently made the mistake, which it is stated, appears in his original declaration for a pension - calling his Captain, Eldridge instead of Elden. - He was at sea with the former for some time after he left the army, and therefore the mistake in an old man, would be very natural. - I send you also the deposition of James Thompson, an intelligent man, still coming here frequently 4 or 5 mi from home and doing business as in his younger days - Merrill is also still in the habit of going on foot almost every day, 1 1/2 miles to the harbour. Both of them are men of integrity, and I believe religious men. - Thompson's impression was strong that Burbank was in the 8 mo service - though I think him mistaken - He knows he was in the service at Cambridge, as well as he knew the service of any one whom he did not actually see there - The other paper I send merely to show that there was such an officer in

the service as least Elder - as the letter of the Ba partment says that no such officer is found on the Rolls -
Very respectfully
Your afft Servt
G E Bourn
Rev J L Edwards
Com. of Pennons, Washington DC

Aug 1. 1843
Name
E Barbary
In. att. of H. S. Edwards
Home of Persons Washington
FREE
Ms. A. 9. 2. 10

Wenatchee Me. July 28 th 43
Le Sir,
I have just recd your letter relative to the case of Ruth Burbank, stating that the evidence is not yet satisfactory, and that I must show the service " by the Rolls recently returned to the Office of the Secretary of State Boston "
It is evident that there is some mistake in reference to the case, from this latter remark. The original papers were forwarded to the Department nine months since, when all these Rolls were in the Pension Office - and I was then informed that they had been examined, and no record was found of any such officer. And surely, after the labour and expense already incurred, it could not be intended, to require us to advance $3 more to the Secretary of State, when they have been, I doubt not, more thoroughly examined by the Pension Department than they would be by him. I cannot but feel that there has been some misapprehension of the case, or that some of the evidence may not have reached the Department. I have been engaged in the Pension business many years, and according to my own views of testimony, I have never presented a case which seemed to me so well established - Beside the decla

nation of the Applicant, there is the deposition of Peleg Wardsworth, stating that Burbank always said he served as stated - the deposition of Jacob Merrill who says, he was with him in the company of Captain Elden the 4 Mo. - the deposition of James Thompson who knew he was in the service at Cambridge - The depositions of John Burbank, and Sally Gaylin who state their knowledge of his being at Cambridge - and the circumstances and time of return - and the deposition of Benjamin Evans, who knew him during the four months in the company of Capt Elden - This Evans too, but at the same time gave me his deposition, stating the circumstances so differently from what I had apprehended, in the case of Sarah Hooper, that a certificate in that case was forthwith forwarded, as I suppose it put it in the power of the Department, at once to satisfy themselves in regard to the case - It seems to me that a strong case is made out - I am aware, that the non-application of the husband in his life time, is prima facie , against the claim - But the explanation, and the testimony it seems to me, are a complete rebuttal - It is no uncommon thing for one entitled to a pension not to apply - I have two near neighbours - the husband of one died 5 or 6 years ago; He was out several terms - but would not apply, as he said he received full pay for his services - He was also

nation of the Applicant, there is the deposition of Peleg Wardsworth, stating that Burbank always said he served as stated - the deposition of Jacob Merrill who says he was with him in the company of Captain Elden the 4 Mo. - the deposition of James Thompson who knew he was in the service at Cambridge - The depositions of John Burbank, and Sally Taylor who state their knowledge of his being at Cambridge - and the circumstances and time of return - and the deposition of Benjamin Evans, who knew him during the four months in the company of Capt Elden - This Evans too, but at the same time gave me his deposition, stating the circumstances so differently from what I had apprehended, in the case of Sarah Hooper, that a certificate in that case was forthwith forwarded, as I supposed it put it in the power of the Department, at once to satisfy themselves in regard to the case - It seems to me that a strong case is made out - I am aware, that the non-application of the husband in his life time, is prima facie , against the claim - But the explanation, and the testimony it seems to me, are a complete rebuttal - It is no uncommon thing for one entitled to a pension not to apply - I have two near neighbours - the husband of one died 5 or 6 years ago; He was out several times - but would not apply, as he said he received full pay for his services - He was also

married before the war - Her widow is still living at 94 - Her friends have tried to persuaded her to apply - But she does not yet consent - One then was in the 10th Mo service at Portland - but said the pension law was wrong and he would not apply - Another one is now living in an adjoining town, who is entitled to $15.00, but objects to the application for the same reason -
I trust, I shall be pardoned for this reply to your letter, even after a decision of the case, when it appears that some mistake must actually have existed - and besides, I suppose it to be perfectly consistent with the rules of the Department to listen to arguments or suggestions of applicants, or their counsel - Had I not been fully persuaded of the justice of the claim, I should have abandoned it long ago -
I can furnish further evidence if the Department consider it would be of any avail - I met with a pensioner 15 mi from here a few days since, who knew of Burbank's being in the service at Cambridge, and entered into detail by which he knew it of the circumstances - I probably also knew at Buxton Col Elden since at Cambridge -
Very respectfully -
Hon J L Edward, Your obedient servant
Com of Pensions
Washington D.C.
E E Bourne

Buxton Centre Me June 18 th 1844
E. E. Bourne Esquire
10
Kennebec Kennebec
Me

Buxton (Centre) June 15: 1844
Sir,
I have made a search among the papers left by Capt. John Elden, and have now in my care all that I could find that I thought would be of use in establishing the claims for Pensions, among which is his Commission dated the 5 th of Feb. 1776. I have a paper headed "A Muster Roll on return of Capt. John Elden's Company in Col d Lem l Robinson's Reg t " The towns they came from, with the number of Miles they traveled a penny "per mile each." The list contains the name of Israel Burbank, Arrundel 110 Miles." This paper was dated at Roxbury Feb 26. 1776. and signed by John Elden. An other paper dated at Dorchester April 1 st 1776 with the following head "Rec d of Capt. John Elden our traveling expence to the "Camp & from the Camp home" Among the signers is Israel Burbank. Also a small Book written on the title page, "Memorandum of allowance in Capt. Elden's Company in Col d Lem l Robinson's Reg t " "Roxbury Feb y 14 th 1776" in this book I find a number of pages filled with columns columns containing the names of his men. The first column is headed "Details March to Raid the 6 th day on S. hill." Under date of March 7. I find Israel Burbank's name. Under the heading "Relief of G d 9 th " I find his name again. Under "Dorchester Hill 16 th " it occurs again.
I find the name of Elisha Parbox of Biddeford, but not of Abijah Parbox, the name you gave me.
I have the privilege of keeping these papers until I hear from you, perhaps longer. If you should think it an object to examine the papers yourself and will call on me, I will assist you all in my power
Yours Respectfully
Daniel Wentworth

Oct 21 1844
Ref 86
Rev. J. G. Canale
Home of Friends
Washington D.C.

Hennepin Co. Oct 17 46
In Sir
I have just received your letter in relation to the case of Ruth Burbank afft under the Act of "36 - stating that a "copy of the Roll was required" agreeably to your letter of June 24
I wrote for the copy - but the family gave up the original, which I supposed was the best evidence - That was forwarded to you with the papers in the case of Mehitable Rollins - Probably my letter stating that fact may have been missed or that fact overlooked
It was forwarded sincerely & most sincerely very respectfully -
Hon J L Edwards,                      your afft servant Clerk of Perrine Co.                      E E Bourn Washington D.C.                      , , , , ,

Osborn 40
With an appeal to the Inhabitants of Philadelphia me
of Laurens
Com. of Tensons
Washington St

Hennebec Me Oct 18 44
Le Sueur
I am apprehensive, that in my letter yesterday, I stated that the original Roll, on which rely in the case of Ruth Burbank , was among the papers of the late Rollins . It should be Rankin , as stated in former letters —
Yours respectfully E. E. Burroughs Non I d Edwards loss of Pension Washington DC

Hennshank Me. Oct. 19. 1842.
Dr Sir
I enclose the declaration &c of Ruth Burbank for a pension under the law of July 4 1836 — It will be perceived that the husband for whom service she claims a pension died 4 years after the law of 1832 was passed. When I was first requested to attend to this case by a letter from Mr Wordsworth living in Hiram about 40 mi from this place, it struck me that there could be no good claim, and I so replied to him, as I would not think that the husband would have lived 2 years after the law was passed, without applying for a pension — But his letter in reply giving the reasons, and the statements of Merrill, satisfied me that every thing was perfectly fair. — Wordsworth I suppose, to be a near relation of Gen. Wordsworth at Washington — And from what I ascertained by gentlemen of the Bar living near his claim is unspeakable — From my own intercourse with him, I was satisfied that he was a strictly honest and pious man — I never knew any thing of the case until I received his request to attend to it about a month since — Application was made to me in consequence of the brother living here

and the evidence being to be obtained in this neighbourhood — I can have no doubt that the facts contained in their depo- sitions, are true or at least supposed by them to be so — I have long known Merrill, as an honest man, and a worthy citizen —
It will be seen by the declaration that there is another difficulty — The mistake is mine and not the applicants — The claim is for a pension under the law of 38 — It should be under the act of 36 — Some how or other the acts of Congress of the Session, when new passed, the additional law relating to that any whose husband I suppose person who should thereafter become a widow, should be en- titled to a pension, were not distributed to us in this County, and I was not therefore aware of the fact that she was entitled to a pension under the law of 36 — The suggestion was thrown out at Prob Court that there was such an amendment, but the law could not be found — and I, therefore, thinking that there could be no such statute, and having watched all the legislation on this subject made the declaration under the law of 38 — The only question is now about the amend- ment — I do not like to do it myself, without the decision of the commissioners that it is amendable — That part of the declaration.

is nothing in fact but a mere heading - The applicant makes no oath to it, - It is nothing in fact, to which her oath can have any application - In court, and - I suppose that no greater strictness is required at the department. Now if it be required in Judicial tribunals, it would be amenable to amendment - It would be of no consequence, did not the applicant reside more than 400 miles from her, remote from any Court or any Judge - So that a new declaration would be accompanied with great expense - I look upon that part of the declaration as mere form - The Commissioner grants pensions according to the evidence - If the evidence sustains a claim under the law of 36, the pension will be allowed according to that law - If under the law of 38 then a pension is granted under that law -
I have proposed to amend, as appears by the declaration paper annexed to the declaration. If it is considered that that part of the declaration is the mere form, then the Commissioner can let a waiver be applied to the other end of the attached paper, so that the amendment will be made by me as her counsel - It is merely formal, and I trust that the expense of an additional declaration may be avoided as soon especially, as there is nothing additional to which her oath could apply, in such additional declaration and additional - I mean con-

side myself justified in making an alteration after the administration of an oath - Though no wrong could possibly be done in this case -
Yours Respectfully
Hon J L Edwards
E E Bourn
Com of Pensions
Washington 26

Kennebec Me June 3 1843
Dr Sir
I enclose you two more depositions in the case of Ruth Burbank - which I hope will establish her claim beyond doubt - Although Evans is called of Kennebec, he has not been here of late having been in Lyman and Upton with his sons. Seeing him pass my office, and knowing nothing about his services, I called on him to enquire, where he was in the War - He informed me, and that he perfectly well knew Burbank, and an older brother, and of their services - While taking the deposition at his son's house, the son remarked, that he could swear to his being well Burbank, the elder, on account of a meeting which they had in the country many years ago - when he could not untill two or three hours delay, persuaded his father to leave him to go on his journey, they having got into a long talk about their revolutionary services -
I find that several others, from Bangor now dead, who said a penniless, were in the same with Elder -
Evans stated also that he knew perfectly well Abijah Fairley, whose case occur-

handed this - But I did not then take this de- position, as he placed the for service of Capt. Hill for in the 12 Mo term in a different light from what I suppose That the company continued in Boston or neigh- bourhood until some time after the British left Boston, which the applicant (Sarah Hooper) thinks thinks to have been the fact - I called again to take the deposition a day or two afterwards, and he had gone to Lyman - on foot, nearly 9. mo - He is 95 years of age he says - Though of things past, now he has but little memory - Still of his ser- vices at Cambridge and other, well him - he seems to have perfect knowledge - I asked him if he knew Merrill to be there - he at once replied that he did not know him - He lives at the lower end of the town - 10 mi from him -
Very respectfully
Hon S G Edwards Com. of Pensions Washington D.C.
Yours obediently E. E. Bourne

Thermesbury March 7, 1843
Le Genl
By mere accident I obtained yesterday the enclosed depositions, for use in the case of Anna  But Burbank - although perhaps they are unnecessary - Being at the house of Mr Burbank in Lyndon I enquired of him if he was a relation of Israel Burbank - He stated to me his relationship to him - I then enquired if he knew that Israel Burbank  Israel was in the service at Cambridge - Mrs Taylor at once spoke up and said she had heard her mother say so a hundred times and telling the story about their coming home in March almost worn out - To any person present there would, I think, not have been the least doubt of the service, after hearing their stories, I have given but a short account of it, and submitting it to the Department for what it is worth -
In the case of Persis Weeks I stated that I was satisfied that Moses Stevens was in Cambridge after the 8 mo service - But I could find no evidence which I thought proper to send to the Department, and therefore abandoned that part of her claim - But the testimony

of this Mrs Taylor I think confirms that statement, although not proving any special term of service — I merely make this suggestion to show that widows at the present day instead of getting more than they are entitled to, in consequence of the difficulty of obtaining evidence, do not receive all the pension which the services of the husband would give them — Since the death of the widow, in another case, I have discovered that her husband was in another service of which she knew nothing —
However, I doubt not, that in all cases, as favourable a construction is put on testimony produced, as a proper regard for the pension laws would warrant
Very Respectfully
Yours Sincerely
Com. of Pensions
Your Obedient
E E Bourn
Washington
D.C.

Mar 4 1843
Me,
Ruth Burbank
Hon. J. G. Paine
Com. of Pensions
Washington D.C.

Hennecunk Me. March 27/93
Dr Sir.
Your letter of the 21. st of March, in relation to the claim of Ruth Burbank, deciding that the evidence adduced, is insufficient for the establishment of the service at Cambridge in '76, does not allude to two depositions which I forwarded about a fortnight since - They may not have been rec'd. They were the depositions of John Burbank and Sally Taylor - proving that the Husband went on this service and returned the circumstances of his return - When I was first applied to, to attend to this case, I looked at it as one which could not be established unless upon strong evidence - from the circumstance that the Husband himself had not applied - But on conversation with Mr Wardsworth with whom the claimant lived, and whom a gentleman of the Bar declares to me to be a man of the strictest integrity, I was fully satisfied with the explanation, which I think were embodied in his deposition. Your letter of to day fully confirms me in my view of what he stated - He remarked that the old gentleman always said that he was out 9 mo, lacking a few days - As he said the service at Cambridge was 4 mo - and I knew the Burgoyne service was but 4 mo, I told him that there must be another short

service of nearly a month - But he said he never heard of any other - and could not explain it. But by your letter it seems that the Burgoyne service was 4 Mo 23 days - which explains the whole matter - The whole evidence furnished in the case is as follows. -
Deposition of Jacob Merrill, that he was a soldier with him 4 Mo under Capt John Elden.
Deposition of Peleg Wadsworth, that the husband always said he so served -
Deposition of James Thompson, a near neighbour, that he certainly was in the service at Cambridge.
Deposition of John Burbank, that he always understood from him and others that he was in that service -
Deposition of Sally Taylor of the same purport, with corroborating circumstances.
On the reception of your first letter, that it did not appear that there was any such officer as "Capt John Elden" in the service, and understanding that from Merrill, that Elden lived in Buxton, I wrote to Nathan Elden, a member of the Bar, to enquire if his grandfather was in the service at Cambridge, and if so whether it was not possible to find a Roll among his papers - I received the enclosed answer - which I enclose merely to show, that I am with not in the pursuit, of any improbable claim. In looking at my first letter from Mr Ward

with, I find a remark which had gone out of my mind, that Burbank had a brother still living at Hiram, who was younger than he, but who with Merrill, he presumed, would be sufficient to establish the claim — Supposing that Merrill's positive testimony alone, would be all which would be necessary, I paid no attention to the other part of the remark. — He lives 40 mi from here — and perhaps some miles from any Justice of the Peace — and forty miles from the Clerk of the Court, so that to get an authenticated deposition will be attended with some considerable expense. I hope and trust that the depositions of Burbank and Taylor, will be considered satisfactory, so that a small pension may not be diminished, by that expense, or the expense of getting a deposition of or Burton, where I suppose I can find conclusive the evidence of the service of Capt John Elder — Mr Bar always regretted that some one in the County could not be appointed to take depositions, even at the expense of the claimant — I believe they would actually save money by it — A disinterested magistrate can generally tell by the manner , whether the deponent is honest — and whether he is confident. — Such an one's certificate would be entitled to much more credit with the department, than interested agents, for obtaining pensions — I am satisfied that there is far more honesty in these old men

and old men, and old women, of the Revolution, than in their degenerate descendants - All the witnesses in this case, I have no doubt are christians
Hon. J. L. Edwards, Com. of Pensions Washington D.C.
Very Respectfully Your Obedient Servant E. E. Bourne
Hon. J. L. Edwards
Com. of Pensions
Washington D.C.
Rev. Paul Smith
Me.
Mar 23 MARCH 4 1843

July 13. 1844
Hon. J. G. Edwards
Mr
Me Cookff Ruth Burbank
Room 9. Pemberton
Washington St

7 Kennebec Me. July 10 44
Dr Sir
In the case of Ruth Burbank , ap- plicant under the Act of 1836, would it not be just that her claim should be attended to, without waiting for her regular turn in the order of business — It was established by strong parol testimony — but as the De- partment had no record evidence of the service of any such Captain or company her claim was rejected — It was not our fault that no rolls were on file — I wish for this early examination, because the widow (if living) is aged, and much in need of the money She lives 40 m. from Kennebec — and ap- plied to me because here all her testimony was to be obtained — As I have had no communication with the family for more than a year, she may be dead —
I presume that before this the Roll of Capt John Elden's Company has been for- warded, as on the receipt of your letter I re- quested its transmission forthwith — Possibly it may have been forwarded in connection with some case similarly situated with Mrs Burbank — I suppose in the case of a widow

Rankin, as I was requested to ascertain of the living witness here if he knew Joseph Rankin here in that service —
I send an additional deposition of Merrill — certified by Reg. of Probate, the business having been done in Prob. Court Yours — Respectfully —
Hon. J. L. Edwards,
E. E. Bourne
Comm. of Pensions.
Washington D. C.

June 22 nd 44
Home 14 Glenwood
Ruth Brubaker Mrs. D. H. C.
Form of Pensions Washington St.

Winneconne, Wis. June 19. 44
Dr Sir
After the last decision in the case of Ruth Burbank, applicant under the Act of 36, I felt, though the proof testimony was stronger, than in any case which I had presented to the Department, that I must abandon the case, though fully persuaded of the service of the husband of the applicant. The character of the witnesses, all known to me, was such that I could not for a moment doubt, that Burbank served as stated. By mere accident, I met with a gentleman a month or two since living at Buxton where Capt Elder resided, and requested him to make search for any papers relating to his service. I have just recd the enclosed letter - see The evidence I trust, agreeing as it does with the evidence before furnished as to the time of the return home, will when furnished substantiate her claim. —
My object in writing is to enquire whether a certified copy of the roll, soon to be before Hon. John Fairfield, Senator, who lives near, will be sufficient, with his certificate that it

is evidently original - I am apprehensive that the papers may not be given up, such is the reverence for documents of this kind; Will the deposition of Wentworth who is a respectable magistrate of Buxton be satisfactory?
Your respectfully E. E. Bourne
Hon J L Edwards Com'g Pennorr's

I Jacob Merrill of Kennebec Port in the County of York and State of Maine do on oath testify and declare, that I was in the company of Captain John Elden at Cambridge in the year 1775 and 1776 as stated in a deposition which I have be- fore given relative to the service of Israel Burbank - If it was stated in my own declaration to obtain a pension, that I was in the company of a Captain Eldridge or any other similar name, such statement is entirely erroneous. I suppose that the er- ror in the declaration arose from the fact, that I was afterwards at sea under Cap- tain Eldridge, and very frequently I mis- taken one for the other - My Captain at Cam- bridge was Capt John Elden who lived in Buxton or some of the neighboring towns. Jacob Merrill
State of Maine York ss, Feb. 27 1843.
Personally appeared Jacob Merrill who is a credible witness and made oath to the truth of the foregoing declaration by him subscribed.
Before me - Edward E. Bourne Justice Peace.

I James Thompson of Kennebec Port Port in the County of York Gentleman, aged eighty two years, do on oath testify and declare, that I well knew Israel Burbank of Mundel, during the Revolutionary War. I further testify that said Israel Burbank was in the service of the United States at Cambridge in the beginning of the war. I do not know the time he was there - neither the Captain of his company - But I know the fact of his being there - He was also with me in the service at the taking of Burgoyne though not in our company. Said Israel Burbank afterwards moved into the town of Hiram in Oxford County. James Thompson
State of Maine York ss. Feb. 3 1843.
Personally appeared James Thompson who is a credible witness and made oath to the truth of the foregoing declaration by him subscribed -
Before me.
Edward E. Bourne Justice of the Peace

I Sally Taylor of Lyman in the County of York and State of Maine sixty one years of age do on oath testify and declare that I well knew Israel Burbank who formerly lived in Varnum's Port, and who afterwards removed into the County of Oxford - I have often heard my mother tell of her brother Israel Whitten, and said Israel Burbank and Moses Stevens, being at Cambridge in the Winter of 1776 - I have heard her tell a great many times of their coming home on foot in the month of March, and of their getting entirely beat out - and her brother was sick five or six weeks in con- sequence of it - They got home very soon after the British left Boston - I do not remem- ber ever hearing any thing said about the Captain of the Company - But I know from what my father and mother always said, that said Israel Burbank, Israel Whitten and Moses Stevens were at Cam- bridge in the service in 1776 - My mother has been dead three years - I have heard her ever since after every tell of these things - Sally Taylor
State of Maine
York ss. March 6 1843 - Personally ap

heard Sally Taylor who is a credible wit- ness and made oath to the truth of the for- going deposition by her subscribed —
Before me
Edward E. Bourn Justice of the Peace

I John Burbank of Symmes in the County of York aged ninety one years do am oath testify and declare that I well knew Israel Burbank, formerly of Arundel now called Kennebec Port, who afterwards removed to Hiram in the County of Oxford - Said Israel Burbank was a son of my brother - I further testify that he always told me that he was in the service at Barn- bridge when the British were driven out of Boston - And I always understood that he was in the service at that time - From others, so that I have no doubt of it whatever -
John Burbank
State of Maine
York ss. March 6 1843. - Personally appeared John Burbank who is a credible witness and made oath to the truth of the foregoing deposition by him subscribed
Before me
Edward E. Bourn Justice of the Peace

✓ No 5681 Ruth Burbank Me act 4 July '36.
m 70. 2 36.
77. Resa. m 21178 - pri 4 23 elder detached m. 1. 25 adn P 7.18 Ymo 18 days pri 25. 33. from 9 Sept 36 the day of her husband's death.
EB Paine Esq Kennebec Me

I Jacob Merrill of Kennebec Port in the County of York and State of Maine, Gentle- man, eighty three years of age, do on oath testi- fy and declare, that I was a soldier in the company of Captain Elden four months in 1776, at Dorchester and in the vicinity of Boston - I further testify that Israel Burbank, then of An- dross, now called Kennebec Port as aforesaid, was also a soldier in said company during said four months, and was honourably discharged. I was also a soldier four months in the company of Captain Joshua Nason of Col. Storer's Regiment in 1777, at the taking of Burgoyne - and said Israel Burbank, was also a soldier in said company during said four months when he was honourably discharged - Said Israel was married to my sister Ruth Merrill before the last service. He died about six years since - I returned a few days since from a visit to her, and was sur- prised when I learned from her that she did not receive a pension, as I knew she was en- titled to it - They moved about sixty years ago to Hiram where she now lives, the widow of said Israel.
Jacob Merrill
State of Maine York ss Sept. 30 th 1842 - Personally appeared

Jacob Merrill who is a credible witness and made oath to the truth of the foregoing depou- tion by him subscribed —
Before me
Edward E. Bourn
Justice of the Peace

I Jacob Merrill of Kennebunk Port in the County of York and State of Maine aged eighty five years, do, on oath, testify and declare that I was a soldier in the company of Capt. John Elden at Rochester four months in the winter of 1775 and 1776 - I went to Saco in December about the first of the month and enlisted - and while there we chose a cap- tain, said Elden and another whose name I have forgotten were the two candidates - Elden was chosen, and we left next day for Boston. As I have stated in a former deposition, Isaac Burbank was in said company said four months - We served said term and were discharged three weeks or more after the Brit- ish left Boston.
Jacob Merrill
State of Maine
York ss. July 1 1844
Personally appeared Jacob Merrill who is a credible witness, and made oath to the truth of the foregoing declaration by him subscribed.
Before me
Edward E. Bourne
Judge of the Peace

State of Maine
York Ss.
I William Hammond Register of Probate within and for the county of York and State aforesaid do hereby certify that Edward G Bourne Esqr is an acting Justice of the Peace within and for said county duly commissioned and qualified and that his commission was dated on the twenty fifth day of June A D 1841 and will expire on the twenty fifth day of June 1848 and that his sig- nature above written is genuine
Given under my hand and the seal of said court this third day of July A D 1844
William Hammond Register of the court of Probate for said county of York

I Abel M Bryant of Kennebec in the county of York, Post Master, do on oath, testify and de- clare that I was requested by a friend in Buyton about a year since to call on Jacob Merrill of Kenne- bec Port, who he informed me was in the company of Captain John Elden at Cambridge, to obtain his deposition to the service of another man in the same company. I accordingly called on him and asked him if he was in the service at Cambridge - Yes he replied, I was there with Capt Elden - No as I answered, you was not, you was with Captain Elden - Well, he replied, I mean Elden, I always make that mistake -
I think also, though I am not certain, that my own Father Daniel Bryant who was a prisoner under the Act of 1838, was also in the same company, as I have heard him frequently talk about him
Abel M Bryant
State of Maine.
York County ss. May 24 th 1843. Personally ap- peared Abel M Bryant who is a credible witness and made oath to the truth of the foregoing declaration by him subscribed -
Before me
Edward E Bourne
Justice of the Peace

I Benjamin Evans of Kennebunk in the County of York and State of Maine, yeoman, aged ninety five years, do on oath testify and declare that I well knew Israel Burbank of Arundel during the Revolutionary war — I further testify that I was in the four months service at Cambridge after the close of the eight months service, in Capt Sullivan's company, in 1776 — and at the time the British left Boston — I further testify that said Israel Burbank was during said four months in the company of Capt John Elden — I was well acquainted with him there and afterwards when I moved to Lyman, the adjoining town of Kennebunk Port, which was just after said service — said Israel afterwards moved away, but when I do not know — Arundel has since been called Kennebunk Port.
Witness
Eliza Kennebec
E E V Dorrance
his
Benjamin Evans mark
State of Maine
York ss. May 23. 1843. Personally appeared Benjamin Evans who is a credible witness and made oath to the truth of the foregoing decla- ration by him subscribed —
Before me Edward E. Bourne Justice of the Peace

STATE OF MAINE, } York County, ss. }
I, William Hammond Register of the Court of Probate within and for the County of York and State aforesaid, do hereby certify that Edward E Bourne is an acting Justice of the Peace within and for said County, duly commissioned and qualified, and that his commission was dated on the twenty fifth day of June A. D. 1840 and will expire on the twenty fifth day of June A. D. 1848 and that his signature above written is genuine.
Given under my hand and the seal of said Court this first day of June A. D. 1843
William Hammond } Register of the Court of Probate for said County of York.
Justice of the Peace

No. Israel Burbank and me act 17 June 1832
Freeman Bradford Portland Maine

I Peleg Wadsworth 2 d of Hiram in the County of Oxford now Commandant at Portland in the County of Cumberland aged fifty four years or more before and say that I have been acquainted with the family of Israel Burbank for more than thirty years last past. Israel Burbank was reputed to have been a soldier in the revolutionary war. He died on the ninth day of September in the year of our Lord Eighteen hundred and thirty six and left a widow Ruth Burbank who drew a pension under the act of 1836. by virtue of the services of Israel Burbank her husband. Ruth Burbank died on the fourth of April 1843 and the following are the only surviving children of said Israel & Ruth to wit, Dolly Swift Ass Burbank & Israel Burbank.
Israel Burbank lived with me for the last twenty years of his life and by reason of his great infirmities for the last eight or ten years of his life never made a declaration of his services and was never able to make one after the passage of the act of 1832.
Peleg Wadsworth 2 d
State of Maine Cumberland ss. February, 17 th 1845 Then appeared Peleg Wadsworth 2 d known to me as a man of truth and veracity and made solemn oath to the foregoing affidavit by him subscribed Before me Joseph Ilesley Justice of the Peace

United States Maine District
Circuit Court Clerk's Office
I hereby certify that the Honorable Ashur Ware before whom the foregoing pro- ceedings were had, is Judge of the United States in and for Maine District and that the sign- ature thereto purporting to be his is his genu- ine signature -
And I further certify that Joseph Bleley Esquire is a Magistrate duly author- ised and commissioned and that full faith and credit are due his Official attestations.
In testimony of which I have here- unto set my hand and affixed the Seal of said Circuit Court this twentieth day of February A.D.
Eighteen hundred and forty five John Mufsey Clerk U.S.
Circuit Court
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