Revolutionary War Pension and Bounty Land Warrant Application File R. 1455, John Burhaus, Continental (New York)

SERVICE
NUMBER
Continental (New York) Burkhaus, John or Burhans
R. 1455
Abigail
CONTENTS

New York Mills. N.Y. December 3 d 1846.
Sir,
This is to request that you will inform Mr. L. Wade of Rose Mills of the objections, to the admission of the claim of Abigail  Buchanan , (widow of John Buchanan), - late my Mother an applicant for a pension under act of Congress of 7 th July 1838.
I am Respectfully Your obed Servt Eve. Crops
Hon G. L. Edwards, Com d of Pensions Washington D.C.

John Burhans No. 7747
A. Stewart
Agent C. Valley St. N.Y.
Con
7747 16 March 1819

State of New York Owego County - S. On this 20 day of June 1820, personally appeared in open court, being the Court of Common Pleas of the County of Otsego, & State of New York, and being a Court of Record, & proceeding according to the principles of the Common Law, with power of fine & imprisonment John Burhans aged Sixty one years, resident in said County of Otsego, who first being duly sworn according to Law doth on his oath declare that he served in the Revolutionary War as follows: Capt Callendar's Company in Col. Brant's Regiment of Artillery of the Massachusetts line for three years in said Regiment & he is a pensioner of the United States under the act of Congress of the 10 th March 1818 passed for the benefit of Revolutionary Soldiers & the date of his original application was on the 26 th day of April 1818 & the number of his pension certificate is 7747
And I John Burhans do solemnly swear that I was a Resident citizen of the United States on the 10 th day of March 1818; and that I have not since that time, by gift, sale or in any manner, disposed of any property or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War" passed on the 10 th day of March 1818 and that I have not nor had any person in trust for me any property or securities contracts or debts due to me nor have any income other than what is contained in the Schedule hereto annexed & by me subscribed.

A Statement of All the Real & personal estate of John Buchans a pensioner of the United States together with his income & means of subsistence —
Real Estate — none
Personal Estate
  1 Cow purchased with the pension money I have hitherto Received value at $16.00 $16.00   1 Calf 4 weeks old of the Cow aforesaid 2.50   2 Shoats $2.00 each is $4.00 4.00   1 Lamb $0.50 - 5 hens & cock $0.75 1.25   Household Furniture   6 p. chairs $0.50, 4 forks & 6 knives 25 0.75   4 old chairs $1.00 1 tea kettle $0.07 1/2 1.07 1/2   1> 1 pot $2.50 2 broken pots $1.00 3.50   1 Wash Tub $1.00 1 Trammel $0.75 1.75   1 Shovel & Tongs $1.00 - 1 Loom $5.00 6.00   2 Ruds $2.50 2 Shuttles $0.12 2 hoes $0.25 2.87   2 Iron Wedges & one Butch $1.00 1.00   3 pails $1.00 1 table $1.00 2.00   my debts which I owe are more than $50.00 $56.00   Difference between & excess of Debt $1.51 
I am not able to work but little and am troubled with the Rheumatism & a Lameness received in the Revolutionary War no person lives with me but my wife who is 59 years of age who is troubled with the Rheumatism. I have no person living with me or to assist me except my wife & I am unable to support myself except by private or public Charity.
John Buchans

State of New York Otsego County Clerk's Office J. George Moore Clerk of the Court of Common Pleas of the County of Otsego & State of New York, do hereby certify that the foregoing oath & the schedule thereto annexed are truly copied from the records of the said Court, and I do further certify that it is the opinion of the Court said Court that the total amount in value of the property exhibit- ed in the aforesaid schedule is forty five dollars & fifty seven cents. In testimony whereof I have hereunto set my hand & affixed the Seal of the said Court This 24 th day of Jan 1820.
J. G. Moore Clerk

State of New York } Onondaga County } ss. On this twenty first - day of September 1840 personally appeared before me Thomas White first - Judge of the Court of Com- mon Pleas in & for the County of Onondaga in said State Abigail Matthews a Resident of Whitesboro in said County aged seventyfive 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 provi- sion made by an act of Congress passed July 4. 1836 that she is the Widow of John Matthews late of Cherry Valley in the County of Otsego & said State who was a private in the Captain Callencourt's company Col Crane's Regiment of Artillery of the New York line
That in consequence of such service the said John Matthews was in the year eighteen hundred & twenty or about that time placed on the roll of Pensioners of the United States at the rate of eight dollars per month that the evidence of his right to such pension is on file in the Office of the Secretary of War of the United States to which the Deponent respectfully refers. That the said John Matthews died on or about the 29 th day of January in the year one thousand eight hundred & twenty and received his pension regularly until the time of his death. That the Deponent

has searched for the certificate of the said John Mucham, that he was enrolled in the Mission list but has been unable to find the same - The said Deborah further declares that she was married to the said John Mucham on the 24 th day February of in the year one thousand seven hundred and ninetyfour at  the  time that her said husband died on or about the twenty ninth day of January in the year 1832 and as above set forth, that she lived with her said husband as his wife until his death and that she has remained his widow ever since that period her said husband died all which will more fully appear by reference to the proof hereto annexed.
Sworn to & subscribed on the day & year above first above written Portune E White Abigail D Burhons First Judge of the  court Oneida common pleas
I Portune E White First Judge of the Court of common pleas in & for the County of Oneida & State of New York before whom the above affidavit was taken. do hereby certify that Ensign Abigail D Burhons is by reason of bodily infirmity unable to attend Court which I affirm Decr 21: 1840.
Portune E White First Judge of Oneida common pleas

STATE OF NEW-YORK, } ss. COUNTY OF ONEIDA, }
I, JAMES DEAN, Clerk of the said county of Oneida, do certify, that
Fortune B White Esq whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument in writing, and endorsed thereon, was, at the time of taking such proof or acknowledgment, Commissioner  First Judge of the County Court in and for the said county, dwelling in the said county, and duly authorised to take the same; and that I am well ac- quainted with the hand writing of the said Commissioner  Judge , and verily believe that the signature to the said certificate of proof or acknowledgment, is genuine.
In Testimony whereof, I have hereunto set my hand, and affixed my official seal, the Twenty Second day of September 18 40
James Dean Clerk.
By James Edgar Dep'y Clerk

J. Barkans. —
Sup. Elementary Priest Hammond Baskin,

State of New York County of Delaware Clerk's Office — js:
I certify that John E. Burhans is a Justice of the Peace in and for the county of Delaware aforesaid, and that his commission and qualification under the same are on file in this Office.
Dated Delhi September 17. 1818. H. Paine ill.

To the Hon. John C. Calhoun Secretary of the Department of War of the United States.
The Petition and Declaration of John Burkensay, the Town of Cher- ry Valley County of Otsego & St. of N. York a resident of the U. States on oath setteth forth and declares, that he the said John enlisted into the service of the United States a private against the King of G. Britain at Fort Montgomery in the St. N. York in the month of April 1777 for the term of three years in Capt. Perkins Company a corps of Artillery in a Regt. of Artillery Com- manded by Col. Brune's of the Massachusetts line Commanded in Brigade by Gen. Knows on the con- tinental establishment,

And the said John further says that he served the said term of three years faithfully and was dis- charged in the month of April 1780 honorably by Gen. Mrose at Morristown in the State of New Jersey which discharge the said John further says is now lost or destroyed as he has seen nothing of it for twen- ty years, And the said John further says, that he is in the fifty ninth year of his age and is decrepit and has no property whatever except

in reduced circumstances and has need of support from Canada and the said John Farther says that he can produce no other proof ex- cept what is subjoined in the affidavits here unto an- nexed and that he has no pension at this time from his country. And the said John Burkard prays to be pla- ced on the pension list of the U. States by the Dept of War as in duty bound will ever pray — John Burkard Sworn & Subscribed to this 6 th April 1818. Before me James S. Campbell one of the Judges of the Court of Common Pleas in & for the County of Steubenville O. J. S.

7747 New York
John Burkans
of Cherry Valley in the state of New York who was a private in the regiment commanded by Colonel Crane of the Massachussetts line, for the term of 3 years 1777-
Inscribed on the Roll of New York at the rate of eight Dollars per month, to commence on the 6th of April 1818
Certificate of Pension issued the 16th of Mar: 1819 and sent to H. O. Morse Esq. Agent Cherry Valley New York
Arrears to 4th of Mar: 1819 - 10 mos \frac{25}{30} \frac{4}{31} = 87.69 Semi-ann. all'ce ending Sep 1819 — 48 "
$135.69
{ Revolutionary claim, } { Act 18th March, 1818. }
Continued
Notification to be sent to John Burkans Cherry Valley, New York 1st Oct 1820

Acts of July 14, 1862, and March 3, 1873.
1455
RECEIVED
P. O. Abigail Bushnell Widow of John
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Re-enlistment filed: _____, 18
Discharges: _____
Disenlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

V N. York Rejected Abigail Burhans
let. to J. D. Hammond 21. Nov. 1846
let to Alvan Stewart Apr 26 1847
Abigail Burhans 743 N. York
let to Mr. G. Wade Dec 31. 66
Act July 1838
1455

Apr 8 1843
My Dear
Abigail Burkan
1818
J. Williams Esq.
Pension Bureau
Washington City

Utica Oneida Co. State of New York
James L. Edwards Esq;
Sir
About five years ago Abigail Burhans, the widow of John Burhans, a revolutionary soldier applied for a widow's pension under the laws then in force, when you returned for answer, that she did not come under the then ex- isting laws. The evidence of her marriage, in 1794 as testified to, by Julius D. Hammond Esq; & Mr. John Potts of Cherry Valley who swore that Genl. Stone A. Baker then dead in a suit in Chancery 23 years ago now swore he married this woman to her husband John Burhans, in 1794. The poor Old Lady now about 82, with a broken hip relies on a day-labourer, her son in law, at the New York Mills Oneida Co. for support. - It is supposed death has foreclo- sed all proof of her marriage except what was sent you 4 or 5 years ago possibly say. That evidence would be sufficient in any court of Law, in this State to establish a legal right. If any thing in the shape of additional evidence is required to place

to place her on under the act of the past winter of 1843 please write me! You will consider this as an ap- plication under the act of the past winter & I refer to her former papers as pro- ving her case under the law of this Session of Congress.
Please communicate with me & believe me
Yours obedtly S. F.
Alvan Stewart

John Burham
Morse & Stewart Agents -
C. Valley N.Y.
additional proof. certificate of Sec'y of State of Massachusetts.
Adm l

Owego County. July  Stewart  Stewart him Stewart says that from all information he believes the statement of John Burhens is true & correct hence assented.
Sworn & subscribed - before me this 18 th day of April 1818
Stewart
James S. Campbell

State of New-York, } ss. Otsego County, }
BE IT REMEMBERED, That on the sixth day of April 181 8 the above named John Burhans _____ came before me, James S. Campbell one of the Judges of the Court of Common Pleas of the County of Otsego and State of New-York, and made oath that the facts stated in the foregoing Petition and Declaration are true:—And I the said Judge, pursuant to the directions of the Act of Congress, entitled “An act to provide for certain persons engaged in the land and naval service of the United States, during the Revolutionary War,” do certify to the Secretary of War, that it has appeared to my satisfaction that the said John Burhans _____ served in the Revolutionary War against the common enemy, for the term mentioned in the said Petition and Declaration hereunto annexed:—And in pursuance of the directions of said Act, I do hereby certify to the Hon. the Secretary of War, that the testimony of Alvan Stewart _____ as detailed in his affidavit hereunto annexed, was taken before me, and that I am satisfied that the application of the said John Burhans _____ is fair and bona fide in all respects, and that he, by reason of his reduced circumstances, is absolutely in need of assistance from his country for support.
James S. Campbell

Bur. CLERK'S OFFICE, } ss. Otsego County, }
I, GEORGE MORELL, Clerk of the Court of Common Pleas of the County of Otsego, in the State of New-York, hereby Certify, that James S. Campbell now is, and for one year past, has been, one of the Judges of the said Court; and that the signature to the foregoing Certificate and papers, is his proper hand writing.
In testimony whereof, I have hereunto set my hand, and af- fixed the Seal of the said Court, this
24th day of April 1818.
Geo. Morell Clerk

COMMONWEALTH OF MASSACHUSETTS.
SECRETARY'S DEPARTMENT, Jany 22 d 1819
BY THIS I CERTIFY, That it appears by public, official documents remaining in this Department, that John Burhans served as a Soldier in Capt. Callender's Company, and Col. Crane's Regiment, (being one of the Regiments in the Massachusetts Line, and on the Continental Establishment,) in the American Army, in the War of the Revolution, from April 20 th 1777 to April 11 th 1780, being almost years and months months.
Helen Bradford
Secretary of the Commonwealth of Massachusetts.
The name is spelled Burhans on our lists - H. Bradford

State of New York On this day personally appeared
John Burhans being duly sworn says that when he made the annexed declaration he omitted to state that after he enlisted in Parkers company in Grants Rust the said company was commanded by Captain Callender, & that he was returned in Callenders company in Grants Rust as is mentioned in the annexed certificate from the Secretary of the State of Massachusetts & further saith not
I was of Subscribed John Burhans this 11th day of
Feb. 4 1819.
Before me an S. Comptroller of the State of the County of Onondaga for the County of Onondaga

Delaware County ss. Edward Burhans of the Town of
Rehoboth in said County being duly sworn, says that he was a soldier of the Revolution, and knows John Burhans in the service at the same time, and knows that he enlisted at Fort Montgomery under one Lieut. Hall - in a Corps of Artillery - and from his best recollection he believes it was in the year 1777 when he enlisted - And that he served for three years - and that he was discharged honorably - as he understood - and that he did hear his discharge read - after he was discharged - & further saith not. Sworn & Subscribed before me this 16 th day of December 1878 - Edward his Burhans mark J s E. Burhans justice of the peace -
State of New York ss. I do certify that the above Delaware County ss. named Edward Burhans appeared before me, and made the above affidavit - and I further certify that the said Edward, is a man of truth and veracity and is to be believed under Oath - J s E. Burhans

Delaware County ss. Edward Burhans of the Town of
Rehoboth in said County being duly sworn, says that he was a soldier of the Revolution, and knows John Burhans in the service at the same time, and knows that he enlisted at Fort Montgomery under one Lieut. Hall - in a Corps of Artillery - and from his best recollection he believes it was in the year 1777 when he enlisted - And that he served for three years - and that he was discharged honorably - as he understood - and that he did hear his discharge read - after he was discharged - & further saith not.
Sworn & Subscribed before me this 16 th day of December 1818 -
his Edward Burhans mark
J us E. Burhans justice of the peace -
State of New York Delaware County ss.
I do certify that the above
named Edward Burhans appeared before me, and made the above affidavit - and I further certify that the said Edward, is a man of truth and veracity and is to be believed under Oath - J us E. Burhans

Cherry Valley (N. York) Nov. 4. 1840
Sir,
I enclose the papers evidencing the right of Abigail Burhans to a pension as the Widow of John Burhans, a Revolutionary Pensioner. I hope the documents will be found regular but fear there may be some defects as I have done no business of this sort since I had was a member of Congress in 1816. - 17. I then had the pleasure of your acquaintance and am glad you have continued so long in the service of Government.
Our election close to day - The probability is that Mr. Van Buren has lost the State but you will hear all in a few days. So we need not speculate upon probabilities.
I am very respectfully your obedt. servt.
Isaac D. Hammond James L. Edwards Esq. Govr. Ky.

The unexecuted disquisition must be taken before a judge of Circuit Court who must certify that Mr. B. is by reason of bodily infirmity unable to attend Court.
There must be a certificate of the County Clerk under the Seal of the Court that the person taking the Declaration is a judge of -

I certify that Jacob D. Hammond the person before whom the affidavit of John Potts hereto annexed was taken was at the time said affidavit was made to be taken & now is a judge of the Court of Common Pleas in the County of Otago & State of New Zealand that Benjamin Davis before whom the annexed affidavit of Jacob D. Hammond was taken was at the time the same was made to be taken & now is a justice of the Peace for said County of Otago and that the respective signatures of the said Jacob D. Hammond & Benjamin Davis are in their proper hand & writing respectively.
In Witness whereof I have hereunto caused the seal of the Court of Common Pleas of said County of Otago to be affixed this _____ day of November A.D. 1870 -
Jesse Rose Clerk B. Thomas Pearce Dep. Clerk

State of New York } Otsego County — } ss: John Potts of Coeymans in the County of Montgomery Farmer, being duly sworn deposeth & saith that some time in the autumn of the year one thousand eight hundred & fifteen or sixteen for year that time this Deponent was examined as a Witness in a suit in Chancery the Court of Chancery in the State of New York in which one Thomas M c Gee was a party as complain- ant as this Deponent thinks and John M c Guane deceased the husband of Abigail M c Guane now of Whitestown in the County of Onondaga and several other persons were Defendants, that are that examination on Thomas A. Beckner of Middleburgh in the County of Schoharie in said State was sworn as a Witness in said cause, that he testified that on the 24 th day of February 1794 he was an acting justice of the Peace of the County of Schoharie and for a long time before and after that period he was such acting justice, that he as such justice married the said John M c Guane to the said Abigail M c Guane according to the Laws and customs of the State of New York that this Deponent can not distinctly recollect the precise day of the marriage as sworn to by the said Thomas A. Beckner but this Deponent says that from an examination of the declaration of the said Abigail M c Guane her into her answer and from his best recollection he believes it was on the day above stated. And this Depo- nent further saith that he was acquainted with the said John M c Guane the late deceased person in the said declaration her into her answer mentioned

and the said Abijah his wife, that for many years he lived on a on a part of the farm owned & occupied by this Deponent rich farm to near in the Town of Liberty Valley in the County of Otsego - and that they always lived together as husband & wife, and as this Deponent is informed and believes continued to live together till the death of the said John Burhans - And this Deponent further saith that he was for many years acquainted with the said Storm A. Burhans and knows him to be an acting justice of the Peace of the said County of Schoharie and that the said Storm A. Burhans as this Deponent is informed and believes departed this life in the said County of Schoharie several years ago - and further this Deponent saith not. John Dotts
Sworn this 31 st day of October A. D. 1860. before Salmon D. Hammond First Judge of Otsego County Court of Common Pleas in the State of New York -

State of New York Otsego County } ss. James D. Hammond of Chenango Valley in the County of Otsego and First Judge of the Courts of Common in said County being duly sworn Depoeth & saith that many years ago, and this Deponent believes in the year 1815. a suit was commenced in the Court of Chancery in the State State of New York by one Samuel W. Gee & others against John Brinkham now deceased in the annexed declaration of Abigail Brinkham mentioned, together with this Deponent as the Trustee of the said John Brinkham & several other persons, that as this Deponent believes in the Autumn of the year 1816, an examination of witnesses in said cause was had before according to the course and practice of the said Court of Chancery before Alvan Stewart Esquire then an Examiner of said Court at Middleburgh in the County of Schoharie that this Deponent as a party and as Counsel for the other Defendants attended said examination, that it became necessary to in the course of said cause to prove the marriage of the said John Brinkham with the said Abigail, that Storm A. Baker Esquire of the said County of Schoharie was on that occasion sworn as a witness for the said before the said Examiner and testified & according to this Deponent's best recollection that he was during the year 1794. and for several years before and after that year an acting justice of the Peace for the said County of Schoharie, that on the 24 th day of February A.D. A.D. 1794 he as such justice married the said John Brinkham to the said Abigail Brinkham according to the Laws & Customs of the State of New York, that at that time it was

not usual to give certificates or make a Register of Marriages and he presumed that in this case no certificate was given or registry made, that the said Thomas A. Becker as this Deponent is informed and believes several years ago departed this life, that the Depositions so far as aforesaid taken before the said Examiner according to the Rules of the Court of Chancery ought to have been filed by the Examiner in the office of the Register of the Court of Chancery in the City of Albany that this Deponent about six months ago diligently & thoroughly searched in the office of said Register but could not find the deposition of the said Thomas A. Becker nor any other Depositions taken in said cause, that this Deponent for many years was well acquainted with the said John Burkhaus & his wife Abigail while they resided in said Town of Cherry Valley and that they always lived & cohabited together as husband & wife - And further this Deponent saith not -
Given this 31 st day of October 1860 before me Julius D. Hammond Benjamin Davis Justice of the Peace at Cherry Valley in the County of Otsego
Burkhaus
7437
No 7437
24 Feb 1891
Jan 1882

Rose, New York December 15 th 1846.
Sir,
At the request of the claimants I beg leave to request the favor of being informed of the objections, to the admission of the claims of Samuel Great, - Reps of Royal Buckner - heirs Cross, and William Alney.
Also of the cause of Huldah Synde pension being suspended. - The claimant cannot state positively whether she was pen- sioned, under act of 7 th July 1838, or 4 th July 1834. - but thinks it was the former,
I have the honor to be, very Respectfully Your obed Servt, W. G. Wade
Hon G. H. Edwards, Com g of Pensions Washington D. C.

old card
Febr 9. 1819.
How John E. Bachman
June Pension Office
1819
pay at War Warrenton City D.C.

Cherry Valley N.Y. Feby 1. 1819
Sir
I have the honor to enclose you the papers of John Parkman for a pension with the certificate of the Leg. of the State of Massachusetts annexed
I am with great respect your obedt Servt
J. O. Morse for Catherine Morse L.H. Grant
How Leg at War.