James S Burns was a Civil War veteran

Making the case that James S Burns, 1836-1908, of Grand Rapids, Michigan, is the James S Burns who served in the New York 194^th Infantry Regiment in 1865.

by Gordon Merritt

2012, 2014

James S Burns, about 1905

My great-great-grandfather James Burns was a Civil War veteran. A group of citizens in Grand Rapids are trying to document the veteran status of veterans buried in Fairplains Cemetery. When we shared evidence about my gr-grandfather Burns they hired a 
genealogist to check to see if they had enough evidence that he was the civil war veteran.

Their genealogist agreed that he was, and they will put a flag socket, on his monument, and veterans' gravestone.

There is a written abstract of muster records from the New York Adjutant-General showing a James S Burns: He was living near or in Chemung County, near Elmira, New York. He signed up for one year service in Company C, 194^th Infantry Regiment on March 31, 1865. He was 28, born about 1837, in Orange County. He was a cooper by occupation. He was a Private.  He was promoted to Full Sergeant 8 April 1865. He and his company were mustered out by order of the War Department 5 May 1865. He was about average height for the time, 5 foot, 6 ¾ inches. He had blue eyes, brown hair, and fair complexion.¹

Copy of page in Abstract of Roster book of NY Adjutant-General. James S Burns. From web site Ancestry.com.

It appears that my grandfather James S. Burns was born in Minisink, Orange County, New York, and lived in Catlin, Chemung County, New York, and Holland, Ottawa county, Michigan, and Grand Rapids, Kent, Michigan. He was also a cooper by occupation. He was not eligible for a pension. This will be proven by census, masonic, death records and family records. .

Michigan Death Records, his death certificate, show his age at 71 and birthplace in New York, and father as William Burns. Death date at Grand Rapids, was 11 Feb 1908 and birth year 1836. Burial at Fairplains Cemetery. ²

The early US Census records show William Burns, James's father, living in Orange County.

1830 Census: William Burns: Minisink, Orange, New York: 1 male 70-80 years. 1 Female 40-50 years. The man was a foreigner, not naturalized, and the female was native born. He may have been grandfather of James S. Burns. Listed next line in 1830 census was Lawrence Burns, 1 male under 5 years, 1 male 20-30 years, and 1 female 20-30 years. ³

1840 Census: William Burns: Minisink, Orange, New York: 1 male under 5 years, 1 male 5-10 years. One male 30-40 years; one female under 5 years. One female 30-40 years.

This William (born. about 1798) was father of James and James (born April, 1836) and his brother Horace (born about 1834) and mother Bathsheba Shuts (born about 1800). ⁴

1850 Census: William Burns: Minisink, Orange, New York: William age 52 carpenter, Bathsheba 45, Horace, 16; James 14, Minerva 10. All born New York. family 363.⁵

1860 Census: William Burns: Catlin, Chemung, New York: (name mispelled Barnes.) All born New York. Family 1485. William, 62, farmer, personal estate $1,000; Bersheba 54; Horance 26, farmer; James 24, cooper, personal estate $100; Minerva 20, milliner. ¹6

In 1865 James enlisted at a private soldier in the New York 194^th Infantry Regiment in Elmira, Chemung, New York.

In about 1869 James married Emma M Kelley in Michigan (per census records).

1870 Census: James Burns: Holland, Ottawa, Michigan: James age 34, cooper, $900 value of real estate, ; Emma age 21, keeping house; and boy Burns 3/12. All born in New York. Family 323.⁷

1880 Census: James S Burns: Grand Rapids, Kent, Michigan: family 176 residence 194 W. Division Street. James S Burns 44, works stove factory, born New York; Emma 32 Keeping house, born New York; Leon 6, born Michigan, at school.

The 1890 census was mostly lost in a fire in Washington, D. C.

The 1900 US Census for James Burns, Grand Rapids, Kent, Michigan. Residence 194 South Jefferson Street. James S Burns, born Apr, 1836 New York, 64, married 31 years. Parents both born in New York. Cooper, home owned in full. Emma M born Oct 1849, age 50, married 31 years, 3 children born, 1 still alive. Leon J. born July 1876, age 23, born Michigan, foreman R.R. Freight House.⁸

Letters from the State Secretaries of the Masons in New York and Michigan to further document James Burnses residences.

This letter shows that James lived in Catlin, Chemung, New York.

This letter shows that he lived in Catlin, Chemung, New York and moved to Holland, Ottawa, Michigan and Grand Rapids, Michigan.

And it is necessary to prove that he was the same man who was in our family. His grand-daughter Irene Tracy Burns had a card in her scrapbook that showed that James S Burns was a worthy master in the Unity Masonic Lodge, Holland, Michigan in 1877. The Scrapbook in my possession.

The other question was why did James not receive a Civil War governement pension.l He was not disabled with a service related disability. In 1890 a second type of disablity act was passed. “ The pension was provided based on proof of at least ninety days of military service in the Civil War, of having been honorably discharged, and of the existence of a bodily disability not caused by vicious habits but not necessarily of service origin. Pensions were also given to the widows and children of Civil War soldiers without regard to the cause of the soldier's death.”⁹

He and his widow were not eligible for this pension as he was in the military for about 35 days only.

In summary, my grandfather Burns was born in Orange County, New York, about 1836-37 and he was a cooper and lived in Catlin, Chemung, New York. He moved from Minisink, Orange, New York, to Catlin, Chemung, New York, to Holland, Ottawa, Michigan, and then to Grand Rapids, Kent, Michigan. He was, beyond a reasonable doubt, the James S. Burns who joined the 194^th NY Infantry Regiment, Co. C.  No other James S. Burns were found under similar circumstances.  

                                                              36 star flag from 1863.

1 New York State Archives, Cultural Education Center, Albany, New York; New York Civil War Muster Roll Abstracts, 1861-1900; Archive Collection #: 13775-83; Box #: 714; Roll #: 370. Ancestry.com. New York, Civil War Muster Roll Abstracts, 1861-1900 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.New York State Archives, Cultural Education Center, Albany, New York; New York Civil War Muster Roll Abstracts, 1861-1900; Archive C ollection #: 13775-83; Box #: 714; Roll #: 370. Ancestry.com. New York, Civil War Muster Roll Abstracts, 1861-1900 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.

2 Source Citation: The Library of Michigan; Michigan Death Records, 1897-1920; Rolls: 1-302; Archive Barcode/Item Number: 30000008532867; Roll Number: 119; Certificate Number: 185.

Source Information:

Ancestry.com. Michigan, Death Records, 1897-1920 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.

Original data: Michigan Death Records, 1897-1920. Microfilm publication, 302 rolls. Library of Michigan. Lansing, Michigan.

3 Source Citation: 1830 US Census; Census Place: Minisink, Orange, New York; Page: 254; NARA Series: M19; Roll Number: 113; Family History Film: 0017173

.4 Year: 1840; Census Place: Minisink, Orange, New York; Roll: 323; Page: 195; Image: 394; Family History Library Film: 0017202.

5 Year: 1850; Census Place: Minisink, Orange, New York; Roll:; Page: 195; Image: 394; Family History Library Film: 0017202. 
6. Year: 1860, Census Place: Catlin, Chemung, New York;M653, Roll:730, pg 1056. 7.  Year 1880, Census Place: Grand Rapids, Kent, Michigan; Roll: 588; Family History Film:1254588; Page: 534B; Enumeration District: 151; Image: 07708.  Year 1900, Census Place: Grand Rapids, Kent, Michigan.   Roll:723; Page: 9B; Enumeration District: 78; FHL microfilm: 1240723. 9.CPE WORKING PAPER SERIES, THE CIVIL WAR PENSION LAW, Claudia LinaresWorking Paper 2001-7 http://www.cpe.uchicago.edu/publication/publication.htmlCENTER FOR POPULATION ECONOMICS, 1101 East 58th Street, Chicago, IL 60637November 2001