Revolutionary War Pension and Bounty Land Warrant Application File S. 8223, John Cox, Va. Sea Service
Page 1

[Printed] (3-1776)

[Printed column header]Service | [no column header] | [Printed column header] NUMBER

[Printed] CONTENTS
[handwritten] 
Va. Sea Service | Cox, John | S. 8223
Va. half pay

See Acc No. 837  Virginia State Navy
John Cox, US File
Va. Half Pay
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26.460
Navy Virginia
John Cox. Decd
of Norfolk in the State of Virginia
who was a Captain of the Schooner
Sally Norton
from the State 
of Virginia
2 years service

Inscribed on the Roll of Richmond
at the rate of 600 Dollars 00 Cents per
annum, to commence on the 4th day of March, 1831.
& Endg 17th Decr. 1837

Certificate of Pension issued the 4th day of
Feby 1837 and sent to 
Thomas Lumpkin

Arrears to the 4th of Present
Semi-anl. allowance ending
[unclear] from H480
[printed in brackets] Revolutionary Claim, Act June 7, 1832

Recorded by H.B. Weightman Clerk, 
Book E. Vol. 6 1/2  Page 8
Page 3

Executive Department, Richmond, March 26th, 1838.

The Heirs of John Cox are allowed Sand Bounty for his services as a Captain in the State Navy from the 15th. May 1777 to the 3rd. of November, 1783.

The Register will issue a warrant accordingly, if not heretofore drawn

Attest       David Campbell
Jno. B. Richardson


A copy from the Records of the Virginia Land Office
Teste.
S. H. Parker Reg. L. Office
Page 4

State of Virginia. Norfolk County to wit:

At a Court held for Norfolk County on the 24th day of February 1838.

The Court orders it to be certified upon satisfactory evidence, that Ann P. Swift is the only child and heir at law of John Cox who died intestate in Norfolk County on the 17th day of December 1837 which said John Cox was a Captain in the Virginia Navy during the Revolutionary War. 

I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia do hereby certify that the foregoing is a true copy from the records of the said Court.

In Testimony thereof I have hereto set my hand and affixed the Seal of the said Court this second day of December in the year of our Lord 1850 and of the Commonwealth the 75th

Arthur Emmerson
C. C.
Page 5

Know all men by these presents that I, Ann P. Swift the only heir and administrator of John Cox who was a captain in the State Navy of Virginia having heretofore by my certain letter of Attorney dated the _______ day of _________ appointed Frederick Vincent Esq. of the Borough of Norfolk my attorney in fact to adjust & receive from the Secretary at War or other proper accounting Officer of the government of the United States, the half pay due to my father the aforesaid John Cox as a Captain in the State Navy aforesaid until his death which occurred on the ______ day of December 1837 - and whereas on the adjustment & payment of the aforesaid claim the pension received by the said Cox under the act Jun 7, 1832. was abated & deducted therefrom & the Secretary at War has recently decided that an Officer of the State Troops or State Navy may receive half pay under the act of July 5 1832 & at the same time a pension under the act of June 7 1832. Now know all men by these presents that I the aforesaid Ann P. Swift heir & administratrix as aforesaid do hereby nominate & constitute & appoint the aforesaid Frederick Vincent my attorney in fact to receive from the accounting officer or officers aforesaid or from any other person or persons duly authorized to pay the same, all & every further sum or sums of money which may be due to my said father John Cox for his half pay as aforesaid or otherwise & further authorize my said attorney in fact in my name to grant or encounter all & every receipt discharge & acquisition for the same which I hereby notify & confirm and I hereby authorize the said F. Vincent to appoint one or more substitutes for any of the purposes aforesaid & at his discretion
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to revoke all such appointments and I hereby notify & confirm all that my said attorney may do in this [illegible] -

In Witness whereof I hereto set my hand and seal this 16th. day of July 1844. at Norfolk

Signed sealed & delivered 
[block of 3 lines on left side of page]
in presence of 
Ann Jeffery &
GW. Camp.
[Block of 3 lines on right side of page]
Ann P. Swift [illegible word in a bubble?]
adminx & only heir at 
Law of John Cox dscd.

The foregoing is a copy of the power of attorney filed in the 3d Auditors Office.
Page 7

No. 3

30.951 

To John Cox
Virginia


[in a different hand] 
9 May 34
Page 8

Virginia

At a Court held for Norfolk County on the 19th day of May in the year 1834.

John Cox a resident of this county aged eighty-two years in order to obtain the benefit of the provisioning made by the act of Congress passed the 7th day of June 1832 made his declaration on oath, which is in these words

"On this 19th of May in the year of our Lord 1834 presently appeared before me Stephen Wright a Justice of the Peace for the County aforesaid John Cox a resident of said County aged 82 years who being duly sworn according to law doth on his oath make the following declarations in order to obtain the benefit of the provisions made by the act of Congress passed the 7th day of June in the year of our Lord 1832.

That in the month of March in the year 1777 I was duly commissioned by the Executive of Virginia as Captain in the Naval Armed Services of said Commonwealth, and commanded several vessels of that State.  The first vessel which I commanded was the armed schooner Hornet, and I was engaged in a Cruise of 6 or 8 months with that vessel.  I was also engaged in transmitting and composing orders and dispatching in matters concerning the war which was then waging against Great Britain.  The well known schooner called the Sally Norton was purchased by the Convention and fitted into a man of war vessel of ten guns and a compliment of seventy or eighty men; which vessel I commanded for more than a year, and I was at length captured with that vessel after a short action by the British Brig  of 20 guns called the Eagle and carried to Tortola from whence I made my escape and returned to Virginia in a short time. I made however two voyages with the Sally Norton to the West Indies by orders of the Convention [?] and returned to Virginia and succeeded on both occasions in obtaining large supplies of munitions of war for the Troops belonging  to Virginia on her own State and Continental establishment. The Brig Mosquito was under my charge for a short time and
Page 9

and having been sent by his Excellency Patrick Henry on a mission to the West Indies to contract for frontier supplies
 
This vessel was transferred to Captain John Rogers who was an Officer of said navy and holding the rank of a Captain.  I again returned to Virginia & made other voyages to the West Indies in the armed schooner of six guns called the "Gamecock" and obtained other supplies for the use of our troops consisting chiefly of powder, muskets and other fire arms which proved of immense advantage in the further successful prosecuting the war.  I continued thus actively employed until after the Battle of York Town when the war was considered as finally determined and the navy nearly or entirely broken up. I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not in the agency of any State or only on that of the agency of the State of Virginia.

Jn. Cox

Sworn to and subscribed the day and year aforesaid

Stephen Wright J.P  [seal]

I hereby certify that the said Captain John Cox the applicant for the pension referred to is the [____] is unable by reason of bodily infirmity to attend Court.
GIven by my hand and seal this day and date

Stephen Wright J.P.

And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary officer & served as he states, and the court doth certify that the applicant cannot, from bodily infirmity, attend the Court.

I, William H WIlson CLerk of the Court of Norfolk County do hereby certify that the foregoing containing the original proceedings of the said Court in the matters of the application of Capn John Cox for a pension.

I do also certify that Stephen Wright who has given the certifiabilty in the above proceedings is a Justice of the Peace in the County of Norfolk and State of Virginia aforesaid and duly commissioned and qualified to the said office according to the Constitution and Laws of the said State.

Jn
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In testimony whereof I have hereunto set my hand and seal of office this twenty first day of may in the year 1834 and of our independence the 58th.

William H Wilson  C.C. [Court Clerk]
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April 20 1934

BA-J/MCS
John Cox, S. 8223

Mr. A.M. Chandler
45th Street Station
Ashland 
Kentucky

Dear Sir:

Reference is made to your letter in which you state that you have the records of John Cox of Rockland County, New York, and John Cox of Kentucky, and that you now desire the record of John Cox who was captain in the Virginia State Navy and resided in Norfolk County, Virginia.  His record is given below as obtained from papers on file in the pension claim, S. 8223, based on his Revolutionary War service.

John Cox was commissioned captain in the naval armed service of Virginia in March, 1777, and served until the termination of the war.  He commanded the vessels, Hornet, Sally Norton, Musquito and Game Cock.  He made many voyages to the West Indies and obtained large supplies of for the Virginia troops.  While on the Sally Norton, he was in an engagement with the British brig, Eagle, Captain Magauley, south of Santa Cruz and was captured and carried to Tortola;  he made his escape to St. Eustatia where he took passage on the American ship, Renown, Captain Robert Elliot, and returned to Virginia.

He was allowed pension on his application executed May 19, 1834, while living at Portsmouth, Norfolk County, Virginia, aged eighty-two years.  In 1833 his residence was given as Gosport.

He died December 17, 1837, in Norfolk County, Virginia.

A daughter, Ann P. Swift, was living in Portsmouth, Virginia, in 1835.  In 1838 she was referred to as his only surviving child.  There are no further data relative to the family of John Cox.

HANDWRITTEN
Jno. Cox S.43365
Jno Cox S.35847
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No charge is made for furnishing this information.

For further information relative to Captain John Cox, it is suggested that you address the Office of Naval  Records and Library, Navy Building, Washington, D.C.

Very truly yours

A.D. Hiller
Assistant to Administrator
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45th, St. Station
Ashland Kentucky
March 19. 1934

[rubber stamp:]
RECEIVED
MAR 20 1934
MAIL SUB-DIV.
VETS ADM
READER #20

Pension Bureau
Washington D. C.

I have a record of a John Cox who
died in Rockland County New York
and I have a record of a John Cox who lived in
Woodford County Kentucky and died in Kentucky
I have a record of another John Cox who lived
in Virginia I found his record in Richmond V. A.
where the Government had give him Land for
his services in the revolutionary war
as all Three of These men were revolutionary
Soldiers

They say the John Cox of Virginia was a
Captain in the State Navy
They also claim he died in Norfolk County V.A
Please send me his records of wife and children if
you have it He had one Girl named anny
I I can get the record of This John Cox I can
seperate These 3 John Coxes

Mr. A. M. Chandler

p.s. If there is any charges right and let me know
Page 14

List of pages for Curtis Byrnum:
Samuel Watts' affid Sept - 20-1833 with (over)
Va Ext dept. statement - Nov - 10 - 1834 on
reverse side - 27

James Barron's affid. Mch-13-1834 - 1p
John Cox's decl. in Norfolk C. May 19-1834- 3p
Francis A. Dickins of Treas Dept - June 12, 1834 - 1p
Letter of S. Warrington, Gosfort Navy rd - June 18-1834 - 1p
John Cox' letter", Va, Dist of Norfolk - To wit etc.
with John D. Urguhart + Jno. Williams affids in
reverse side --2p
George Younger's affid + reverse side 1834 2p
John Cox' affid. June 30, 1834 0 page ending
"And" + next page begins "And" + signed Jno Williams: 3p
John Cox's letter Feb -7-1835 Gosfort, Va 3p
One page with list of witnesses "We the undersigned" +
reverse side Feb. 7-1835 2p
E. P. Kennedy's letter - Mch. 10-1835 1p
Sam Watts' - Mch 30-1835 1p
Frederick Vincent's letter Norfolk, Va - Apr 12-'35 2p
Letter of daughter Ann P. Swift May 14- 1835 2p
Author Emmerson's statement  Dec-2-1850 1p
S. H. Parker. Reg.L.aff-Richmond Mch-26-1838 1p
2ctf jackets 2p

[written on left margin:]
The Sea Service - John Cox - S. 8223
Page 15

See corres. with Curtis Bynum in
Henry Sparrow ^S. 31384^ I find no record
that photos from this claim
were ever furnished I don't know
why there is no endorsement
in this claim

[illegible]
Jan. 1934
Page 16

30
No. 13255

[crossed out:]
ACT OF JULY 14, 1862.

3072
[illegible]
John Cox

Va [crossed out: Line] Navy
Revolution
Discharged [blank], 86

3072

Hf Pay - Act -'32
Page 17

1934, Apr 20. hit to
Vir. A.M. Chandler U.C.S.

[right side of document:]

Invalid
Revy
Navy
File No. 8223
John Cox
Captain
Schooner Sally
Rev War

Act: June 7- 1832
Index:-Vol. 6 1/2, Page 8

[Arrangement of 1870.]
Page 18

have permits in to retain the papers
which he did, Dec. 27-1842-
Page 19

John Cox, captain,
act 5 July 1832.

This claim was
allowed by the Secretary
of War - 1844

See letter to F. Vincent
Aug. 12. 1845 -
Page 20

No. 4

12 June 34
Page 21

Treasury Department.
12 June 1834.

I hereby certify that it appears by the records in this
office that Capt. Richard Taylor commanded the
Virginia State Schooner Hornet on the 6th Augt.
1776 and that Capt. John Harris was ordered to
take command of the Virginia State Brig
Musquitto 24 Oct. 1776. I also certify that the
Virginia Navy Journal from which the above
information was obtained only comes down to
the 7 April 1780.

Francis A. Dickins.
Page 22

Increase
John Cox [illegible]
Va
Act 7 June, 1752
Sv.d 2 yers Capt Va.
Navy $60 per
ann from to Mch 1831
to 17 Dec 1837, when
he died.
Pay with to Ann
P. Swift, his only
surviving child
Page 23

Before me Merit Jordan a Notary Public
in and for the County of Norfolk, personally
appears George Younger, an aged inhabitant of the County aforesaid, who being duly sworn, states that in the first of the Revolutionary War in 1775 he enlisted in the Naval Service under the command of Lieut. John Smith of the Mariner, deponent then served three tours, each two months on board of the Brig Independence, Captain Matthews, and then shipped on board of the Schooner Dolphin Capt: Tho: Bryant of the Virginia State Navy - Applicant was crippled in an action fought between that Vessel  & some British Barges off Tangier Island, none the marks of the wounds are still visible - 
Applicant knew the armed Brig Musquitoe (sic) well, she was commanded by Capt: John Rogers and caried 12 or 14 guns - He also knew the Schooner Game Cock, she was a small vessel of the same class with the Dolphin, and carried 6 or 8 guns - Both vessels belonged to the Va. State army, and the applicant knew the Game Cock well, yet he cannot at this instant period call to mind the name of her commanders.  And further he saith not.

(signed)

George Younger (his x mark)
Page 24

Virginia

County of Norfo: to wit

I Merit Jordan a Notary Public in and for the County aforesaid, by Lawful authority duly admitted and qualified, do hereby certify that the foregoing affidavit was subscribed and sworn to before me this day by George Younger the applicant therein named and that the statements of the same, Younger are entitled to full faith and credit - 

Given under my hand and
Seal of Office this 20th day of
June A.D. 1834.

M:Jordan Not: Pub:

Norfolk Borough June 22
1834.

I certify that I am well acquainted with George Younger who has subscribed and sworn to the within affidavit.  He is an honorable and respectable inhabitant of Norfolk County, and his statements are entitled to full faith and credit.

Miles King Mozor
Page 25

Cox
[illegible] in the State [illegible] 
Capt on the Schooner
Sally Norton
from the State of
Virginia
Mo Caps $480
---
Inscribed on the Roll of Virginia
ate the rate of 480 Dollars [blank] cents
to commence on the 4th day of March, 1831.
Cents per annum,
Certificate of Pension issued the 8 day of July
and sent to [illegible] Frederick Vincent, Norfolk
Arrears to the 4th of Mch 3,           $1440.00
Semi-an. allowance ending Sep 14  $240.00
[ total]                                              $1680.00
Revolutionary Claim,
Act June 7, 1832.J T Sprague
Book 6 Vol. 62 Page [illegible] 

Suspd. Lee [illegible] P. Agt. Oct. 24. 1834
& J W. Murdaugh same day [illegible] 
J. W. Murdaugh Nov. 8. 1834
[illegible] to John Cox Nov. 13. 1834
copies Jno. Cox [illegible] for J. W. Vincent
Dec. 13. 1834 do. to F. Vincent 22
March 1835 do. to J. W. Murd[augh]
7th April 1835 do. F. Vincent
April 1835 do to P. Agt. & Ms P. Swift May 20 1835 do. to F. Vincent July 11 1844
Let. to T. Lumpkin Nov 21/50
Page 26

No. 5

18 June '34
Page 27

Gosport Navy Yard June 18th 1834

Sir

Having known you intimately since the year 1800, it gives me pleasure to contribute in any manner to your convenience or your interest and I state for the information of those to whom you may apply that your conduct has been irreproachable, and standing in society equal to that of any other of the same community.  In corroboration of the above, it may be proper to state that for a great portion of the above time you have commanded vessels of this port to the satisfaction of your employers and have been since 1821 employed at this yard, where your conduct has met the approbation of its commanders.

  I am respectfully
Your ob: ser:
L Warrington


Captain John Cox
Gosport
Page 28

Virginia
District of Norfolk
To Wit
The affidavit of Captain John Cox, taken before me John D Urguhart a notary public in and for the District aforesaid, being explanatory of the declaration made by said case, before the Court of Norfolk County on the 19th day of May 1832 in order to obtain a pension in conformity to the provisions of the Act of Congress passed the 7th day of June 1832.
The officiant states , that he was commissioned as stated in the Said declaration, a Captain in the State Navy of Virginia during the war of the Revolution in the month of March 1777 and immediately assumed the command of the armed Schooner the Hornet, and continued in the command of that vessel in cruising and carrying dispatches to and from until the month of February following - he then took command of the Sally Norton as stated in his declaration and was in command of her until the year of 1779, when to the Southward of Santa Cruz he was taken by the British brig Eagle, Captain Magauley and carried to Tortola, from whence he made his escape to Santa Cruz - he afterward made his way to St Eustatia where he found the American ship the Renown of  22 guns, commanded by Captain Robert Elliot and took passage in her for the United States.  From the best reflection that this affiant can bestow, he is certain that the Brig Musquito was under his charge during a period of not less that four months. The next vessel he took charge of was the Naval State Schooner of six guns called the Gamecock.  Affiant commanded that vessel from the early March of 1781 - to wit from the month of March or April of that year until about a month after the siege of York, when he returned to the United States with a full supply of munitions of war which he safely delivered and affiant continued this actively employed until the termination of the war.

John Cox
Page 29

Virginia
 
 District of Norfolk 

To Wit

Before the undersigned John D Urguhart, a Notary Public duly commissioned and sworn, personally appeared Captain John Cox, an old and respected inhabitant of Norfolk County in the said State of Virginia, and made oath in due form of law, to the truth of the statement containing in the affidavit hereto amend which was reduced to writing by me in the presence of the said affiant and subscribed by said affiant in my presence.  Given under my hand and notarized in Norfolk, aforesaid in the State aforesaid this eighteenth day of June in the year of our Lord, one thousand eight hundred and thirty four. 
           John D Urguhart Esq.
          Notary Public

Norfolk Borough County
     I John Williams Clerk of the Hastings Court of the Borough of Norfolk in the State of Virginia, do hereby certify that John D Urguhart Esquire who has given the preceding certificate and signed the same, is a Notary Public in and for the said Borough duly commissioned and qualified, that full faith and credit are due to all his acts as such, and that the signature "John D Urguhart" thereto subscribed is in his proper hand writing.
   [SEAL]    In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court this first day of July in the year of our Lord one thousand eight hundred and thirty four and of the Commonwealth the fifty eighth.
       John Williams
Page 30

Treasury Department
Third Auditor's Office
Jan 31, 1851

Sir,

In compliance with your request I send you the papers in  the case of John Cox of Virginia State Navy.  They are in three bundles. Please preserve them in the same order.

       Very respectfully yours,
         John S Gallaher 
                Aud


   Jas E Heath Sr
   Comr of Pensions
Page 31

c Vo. 1




30 Sept '33
Page 32

Norfolk County to Wit:
     I Samuel Watts a Justice of the Peace for the county aforesaid hereby certify that Capt. John Cox this day made oath before me that during the war of the Revolution he was the Captain and master of a merchant vessel and that on the winter of 1780-1 on the arrival of Arnold in Virginia he ascended James River as high as Prince George County, where his vessel amongst other merchantmen as well as the vessels of the state were captured and destroyed by Arnolds forces-  He further made oath that he knew Edward Latimer who was a Lieutenant on the Navy and that he knew the said Latimer was in the service at that time (in the early part of 1781) he states that he himself was in October of that year dispatched to Bermuda with passports to be delivered to Colonel Tucker of that Island, to be given to English vessels friendly to the American cause for the purpose of enabling them to trade with this colony.

     I certify furthermore that Captain Cox is a gentleman of the first respectability in whose memory & veracity the utmost confidence may be placed.  Given under my hand and seal this 30th day of September 1833.
Samuel Watts JP [SEAL]
Page 33

         Executive Department
         Redmond Va Nov 10, 1834

The foregoing is a true copy of an affidavit filed in this department with the claim of the Heirs  of Command Latimer for land Bounty.

          Wm H Richardson Secy Comr
Page 34

John Cox Capt.


Va Navy
Page 35

At a court held for Norfolk County 24th Feby 1838

The court orders it to be certified upon satisfactory proof, that Ann P. Swift is the only child and heir at law of John Cox who died intestate in Norfolk County on the 17th day of December 1837, which said John Cox was a captain in the Virginia Navy during the Revolutionary War. (D)

The evidence in this case of the service of John Cox is filed in the 3rd Auditors office as referred to in T Lumpkin's letter dated Nov. 25th 1850 (e)

Letter of T. Lumpkin's of Nov 14th 1850 claims the difference between 480 & 600 per annum from the 4th of March 1834 up to the period of his death 17th of December 1837 (F)

2 letters from A. Jeffery No 8th & 13 to T. Lumpkin appoint him agent for Mrs. Swift (G)

Additional testimony plea of T. Lumpkin Decb. 13th 1850

See certificate of the Executive Department Richmond March 26th 1838 (H)
Page 36

       No 12

App to the claim
 of Jno. Cox of 
  Va


[written upside down on bottom of document]

    To
   JL Edwards Cap
   Commissioner of Pensions
   Washington City

[written right side up]
Feb. 7. 35
Page 37

                                      Gosport Virginia
                                       February 7th 1835

Sir,

On Mr. Vincent return to Norfolk some months ago he stated that in an interview with you at Washington on the subject of your letter to me of the 10th November last the difficulty which occurred in your mind originated from the affidavit executed by me professing to establish the services of Lieut Edward Latimer the statements of which when compared to the declaration filed by me in support of an pensions were supposed by you to be contradictory with each other.  I have not as yet had the means of ascertaining the contents of the affidavit alluded to though I had every reason to expect from what Mr. Vincent told me that a copy would have been furnished me, and I could then have afforded such explanations, as would I flatter myself have been satisfactory to your department.
   He states to me that the discrepancy consisted in this that in the affidavit, I represented that in the year 1781 I commanded a Merchant Vessel whereas in my declaration I represented myself at or about the same time as commanding one or more vessels in the State Navy of Virginia.  Now I do in the most solemn manner assure you that I never authorized or intended to sanction any such statement to be made as that in 1781 I commanded a merchant vessel, the statement is wholly inaccurate though I might safely confide 
                                                                         
                                                          in
Page 38

in the general custom of the day for it is a fact known to many of the Survivors of the Revolution, that many , very many of our Naval Officers being without employment were obliged to engage temporarily in the merchant services as a means  of support.  I was not so engaged and I therefore disclaim it.  My sense of hearing is very defective and I can only infer that the statement was the result of misconception on the part of the gentleman (Mr. Murdaugh) as whose instance my affidavit was taken, and in the haste of transcribing it, no doubt misunderstood the purport of my remarks my attention not drawn to the single inquiry whether I knew Lieut Edward Latimer to have been in the service in 1780-81.  I recollected the fact well and I stated to Mr. Murdaugh that he was attached to one of the small vessels captured by the British forces in James River during the invasion of Arnold. That I myself commanded a small State Vessel which had only recently been turned from the [illegible], that she was at the time ballasted with flour and that I was on my way to Williamsburg to receive my final  orders to proceed to my destination, which I did not then know though I had every reason to believe, that I should have been ordered on the voyage which I afterwards performed in the Gamecock my vessel was however captured or destroyed as was the greater part of our little fleet and I was shortly thereafter ordered to repair to the Eastern shore of Virginia and take charge of the first vessel I might find ready for sea, and proceed with all possible alacrity
                                                                 -to -
Page 39

to Bermuda with Mr Crew bearer of dispatches to Colonel Tucker: I will add that I found the named Schooner the Gamecock and with this vessel I proceeded in the execution of my orders and returned to Virginia with this same vessel some short time after the surrender of Little  York loaded with munitions of war as stated in my declarations.  In this last document I stated that  Commodore  Barron whom I personally knew as a midshipman and aid to his father Commodore James Barrow during the War of the Revolution, was the only witness whom I recollected that could establish my service as a Captain in the State Navy of Virginia during that period.  The Commander I am informed is now in Washington and I entreat you Sir to obtain a personal introduction with him and by a personal examination ascertain to what extent my statements are true.  This course will be soothing to my feelings and will save me from the humiliation of our having is supposed that my conduct in bringing myself to the notice of your department has been investigated by any others than correct and honourable motives.
   If I now appear before you as a supplicant it is to vindicate those motives from improper  expectations and that I may be permitted at least to go from this transitory life short as must be the space now allotted to me, with a reputation as unsullied as that life has been long and eventful.
   With every sentiment of Respectful consideration
         I am your obedient servant
              John Cox
Page 40

Pensions Office
January 17, 1844
Comm of Pensions

Submitting the papers
in the case of John Cox
decd Act July 5, 1832
Page 41

Pension Office
January 17th 1844
Sir
I have the honor to submit the papers in the
case of Ann Swift, administratrix of John Cox deceased
The deceased was a Pensioner under the act
of the Seventh of June 1832, for certain service rendered
during the revolutionary war, but he did not in my opinion acquire a right to half pay under the law of July
the fifth 1832, the act under which the claim is now
presented. To establish such a claim, it should be
clearly shown that he
served to the end of the War,
or that he belonged to the State Navy when it was disbanded
I doubt very much whether the last service which
he performed was in a vessel belonging to the Virginia
State Navy for in his affidavit made before Samuel
Watts, Esquire, on the 30th of September 1833 he positively
affirm that he commanded a Merchant vessel,
and he does not pretend to assert that after that
year he was in any service whatever. The papers
to which I would more particularly refer you are
Marked 1.7, 9, 10, and 17
The pension under the act of June the Seventh
1832 was suspended in consequence of a representation
made by the late J. W. Murdaugh, a copy of which
Page 42

is enclosed, marked Oct. 23. 1834, No 9
As it was rather
doubtful whether the representations made by Mr Murdaugh
did not arise from a wrong conception of what Captain
Cox had related to him respecting his revolutionary
Service, it was deemed proper to remove the suspension,
the Department having been satisfied that the Service
of Captain Co in the early part of the war was
sufficient to entitle him to the benefits of the Act
of June the Seventh 1832. I submit the whole of
the papers in support of the claim under the act
of June 1832, numbered from 1 to 16, inclusive.
It is proper for me to add, that in
the case of the late Doctor John Applethwaite, a claim
also under the act of July the fifth 1832 the Secretary
of War decided that the decision of the Supreme Court
of the State of Virginia was binding upon the Department
of War, and that there was a legal obligation under the
fifth clause of the last Section of the act of
the fifth of July 1832, to pay the money. I enclose
herewith a copy of the decision. If you consider the
decisions of the Court of Virginia binding on the Department
this claim must be allowed, as the administratrix has
obtained judgment against the State.
If you should think proper to allow the
Page 43

claim,
a question may
perhaps arise whether the administratrix is entitled to the whole amount claimed, or whether the amount received by Captain Cox as a Pensioner
under the act of June the Seventh 1832. is to be deducted.
The Department has already decided that no one
is entitled to a pension under the Act of June, and half pay under the act of July 1832, for the same
period. It certainly was not the intention of Congress to give half - pay and pension at the same time
I have the honor to be,
Your Obedient Servant,
J. L Edwards

Hon. James M. Porter
Secretary of War.
Page 44

No 15
FREE

J. L. Edwards
Pension Commissioner
Washington D. C.

Apr. 3.35

Attention 
Capt. Cox

[postmark] RICHMOND APR 5

April 6
Page 45

[handwritten] Quit

Portsmouth, Va
April 3d 1835
Sir
In relation to the affidavit of Capt. Cox, I inform you that Capt. Cox has requested me to give him a certificate that I misconceived his statement to me on the subject of his own service--
I am certain & positive that I correctly wrote what he said & Consequently
I refused to give him a certificate
Page 46

I am informed he has sent on some certificate that may possibly tend to impeach my own
correctness-- Will you do me the favor to send me copies of those certificate--
I intend in a day or two to furnish Capt Cox with a statement of my agency in the transaction &
will transmit a copy to you.
Very respectfully
J W Murdaugh
Page 47

No. 10

J L Edwards
Commissr [Commissioner] of Pensions
Washington D. C. 

Nov. 4 - 34

FREE

[postmark] Portsmouth Nov [illegible]
Page 48

[handwritten] Quit
Portsmouth Virga. [Virginia]
Nov 4th 1834
J. L. Edwards Esq
Sir
I wish it distinctly to be understood, that in my former communication relative to Capt Cox' pension, that I did not design to charge him with having committed a fraud. Capt Cox is now 82 or 83 years of age, is a man of strong mind for that age & is of an unreproachable character he is a gentleman of the greatest respectability, & would not I am sure knowingly subscribe to anything improper, which he understood to be so -  I have frequently conversed with him upon the subject of the Revolutionary war
Page 49

[handwritten] Quit

& have enquired of him as to the service of officers in the State Navy, and never except in two instances could I obtain any information from him relative to Navy officers, for he always said he knew very little of the Navy--
I have heard him tell of his sailing during the
whole war in the employ of merchants-I refer
you to an affidavit of his, on file in the
Executive Dept at Richmond with the papers of the application of Lieut Saml Latimer for land bounty rejected about 8 or 10 months ago and also to another affidavit of his on his records of the Court of Norfolk County
at the place, certifying as to the services of
Capt Robert Elliott
Page 50

[handwritten] Quit
Capt. Cox will not say that he ever held a commission in the Va Navy If so the
Executive Journal of this State will show it if he were commissioned in 1778 or 1779 as is expressed in his declaration
He is very deaf, and I am confident he did not understand the declaration from hearing it  read. There are several old man here who
knew Capt Cox as the Master of a Merchant man during the war - Wm Wilson Esq --
Capt Wm Moffat -- Major S Wyatt & others
I am respectfully
Yr [Your] Ob {Obedient] Sert. [Servant]
J. W. Murdaugh

P.S. The certificate referred to in Tho. Elliot's
case was not Capt. Cox but was Capt Moffat
but the affidavit in Latimer will knew the fact that Capt Cox was not in the Navy
JWM
Page 51

Frederick Vincent Esq

Counsellor at law

Norfolk
Page 52

                           Norfolk July 1st 1834

Dear Sir

       I have heard with surprise 
That the affidavit of Mr. Cox of Portsmouth
authenticated before me, a Notary Publick
for the District of Norfolk was rejected by
some officer in the Navy Department. on
account of there having no private seal on
initials attached to the inscription on the
paper -  The law of Virginia, regulating
the duties of Notaries do not require any
official on private seal, to authenticate their
acts and a scroll is received every where in
this state in lieu of a seal with an inscription.
   It is true, that some of our notaries,
according to their peculiar tastes  adopt seals
with certain devices - but notwithstanding, no
member of our profession, as you well know, can
suppose that such a seal as here referred to,
gives any validity to the official acts of a notary
in Virginia.
                   Your friend
                    John D Urguhart
Page 53

Norfolk Virginia
Tuesday July 1st 1834

J.L. Edwards Esq.
Commissioner of Pensions

Sir
I herewith transmit to you the papers in the case of Captain John Cox, which are executed in the mode indicated in your letter addressed to me of the 25th ulto.  Captain Cox until recently has been labouring under great bodily infirmity from an attack of the gout;  with the aid of a carriage however, he has been enabled to appear in open court, and it being still in session, he made the declaration referr'd to, and I sincerely hope from the trouble which you have already submitted to, that now every thing will be found conformable to your view.
In the Amended declaration made before W. Urquhart, objection has been made to the reception of that paper upon the ?? that is was not properly authenticated, and that it was further objectionable, because the Notary had used a coin instead of a proper notarial seal.  As I originally understood you as saying, that Capt Cox might amend his declaration before any person authorised, ex-officio, to administer oaths, and as it may seem, that I had introduced a document, which had not the usual marks of authenticity about it.  I take the liberty of returning the same document to you with the official Certificate of our Clerk appended to it, and a letter from W. Urquhart making his own explanation.
I am Sir, very respectfully
Yr. Ob. Servant
Frederick Vincent
Page 54

NOrfolk March 17 1835

J.L. Edwards Esq.
Commissioner of Pensions

Sir
I herewith enclosed a letter addressed to Capt John Cox by Capt Edmund P. Kennedy of the U.S. Navy, which I trust will be deemed entirely satisfactory, and as fully confirming the statements of that worthy and respectable old gentleman.
I will add that in an interview with Capt Cox, he stated to me that Com Barron had written him some days ago, and intimated that you had expressed yourself satisfied to restore him on the Pension List.  According to the wishes expressed by you to me in my interview with you some day sago, I addressed a letter to him at Philadelphia, but have not yet received the desired reply.  For the sake of Capt Cox, and at the earnest request of his family, I trust you will finally decide upon his case upon the additional testimony offer'd and by doing so you will I assume to relieve his mind from great difficulty.
With high respect dear Sir
Yr. ob. servant
Frederick Vincent
Page 55

Norfolk County ??

I Samuel Watts a Justice of the peace for the County aforesaid hereby certify that Capt. John Cox this day made oath before me that during the War of the Revolution he was the Captain and Master of a merchant vessel, and that in the winter of 1780-1.  On the arrival of Arnold in Virginia he ascended James River as high as Prince George County, where his vessel amongst other merchantmen as well as the vessels of the State were captured and destroyed by Arnold's forces.  He further made oath that he knew Edward Latimer who was a Lieutenant in the Navy and that he knew the said Latimer was in the service at that time (in the early part of 1781).  he states that he himself was in October of that year dispatched to Bermuda with passports to be delivered to Col Tucker of that Island to be given to English vessels friendly to the American cause for the purpose of enabling them to trade with this Colony.
I certify furthermore that Captain Cox is a gentleman of the first respectability in whose memory and veracity the utmost confidence may be placed.
Given under my hand and seal this 30th day of September 1833.

Saml Watts J.P.  Seal
Page 56

(copy)

Executive Department
Richmond Va
Nov 10th 1834

The foregoing is a true copy of an affidavit fixed in this Department, with the claim of the heirs of Edward Lattimer for Land Bounty

(signed) Wm H. Richardson
Secy Comr
Page 57

No. 2

March 13 '34
Page 58

District of Columbia
Washington County

I have known John Cox of Portsmouth intimately from my earliest recollection up to the present day.  My recollection of his services commenced with the Revolutionary War, and he continued in the service of the State of Virginia during the whole of that memorable contest as a Captain principally employed in the Naval Armed Vessels of the said State of Virginia on foreign service.  It is also impress'd on my mind and always has been that Captain Cox was one of the party that went to Bermuda, and took from that Island all the powder to be found in the magazine on that Island.  This act was deemed one of great patriotism and gallantry, and was performed in the early part of the war.  The estimation in which my father held the services of Captain Cox ranked him among the most high minded, zealous and patriotic in the service, and I know no man who is more entitled to the bounty of his country than Captain Cox.  He is now quite advanc'd in years, being upward of     years, and wherever he is know, he is esteemed a man of unblemished integrity.  Washington March    1835

James Barron

Sworn to and subscribed before me this 13th March 1834

W.B. VanZandt JP
Page 59

[stamped]

J L Edwards Esq
War Department
Pension Office
Washington

[upon side of document]
10 Nov '36

No 11
Page 60

                  Executive Department
                  Richmond Va  Nov 10 1834

Sir,

     I received this morning your
letter of Mar 8th, and enclose herewith a 
copy of an affidavit of John Cox the
original of which is filed with certain
papers filed in this department in support
of a claim of the heir of Torrand Latimer
for land bounty.  I find nothing of
a claim in the name of Samuel Latimer.

               Very Respectfully
                 Yours
                Wm H Richardson secy Comm
Page 61

John Cox [illegible]

Act July, 5 1832

  Jan 14 1845



Recorded, Vol 43 of 157
Page 62

               Pension Office
               January 14. 1845

      I certify that I have examined the
claim of Mrs. Ann P Swift, administratix
of John Cox , deceased, who was a captain in the
Virginia State Navy, and who obtained on account
of his service, half-pay ender the Act of July 5. 1832,
entitled "an act to provide for liquidating and 
paying certain claims of the State of Virginia",
and I find that the claim was allowed at the rate
of $243 33 1/3 / 100 per annum instead of $250 93/100 per
annum.  The difference between these two sums
therefore should now be paid, to commence on
the twenty second of April 1783, and to cease on the
17th of December 1837, when he died; and the amount
is payable to Frederick Vincent, Esq attorney of
said Ann P Swift, administratix of John Cox decd.

                    Commissioner of Pensions

Approved

  Secretary of War
Page 63

No  7




30 June 34
Page 64

Norfolk Borough
At a Quarterly Session Court continued and held the 30th day of June 1834 John Cox, a resident of Norfolk County aged eighty two years in order to obtain the benefit of the provisions made by the act of Congress passed the 7th day of June 1832 made his declaration on oath, which is in these words:

State of Virginia, Norfolk Borough, to wit:
On this 30th day of June in the year of our Lord 1834 personally came and appeared before the court of Norfolk Borough John Cox, a resident of the County of Norfolk, aged 82 years and upwards, being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provisions made by the act of Congress passed the 7yj day of June 1832 - That in the month of March in the year 1777 during the Revolutionary war, I was duly commissioned by the Executive of Virginia a captain in the Naval Armed service of said Commonwealth, and at different periods of time, commanded several vessels belonging to and in the service of that State.  Immediately on receiving my commission I assumed the command of the armed schooner the Hornet and continued in the command of that vessel in cruising and carrying dispatches until the month of February following, and I soon after took the command of the schooner Sally Norton of ten guns and a complement of 70 or 80 men.  This vessel continued under my command until the year 1779 when to the southward of Santa Cruz, I was captured after a short action by the British Brig Eagle of 20 guns commanded by Captain Magauley and carried to Tortola;  I in a short time made my escape from that Island and after safely making my way to St. Eustatia, I there found the American ship the Renown of 22 guns, commanded by Captain Robert Elliot and I was
Page 65

promptly accommodated with a passage in that vessel and safely reached the United States.  I had prosecuted however with the Sally Norton by orders of the convention two voyages in the West Indies and successfully returned to Virginia with large supplies of munitions of war, for the use of the Troops belonging to Virginia on her own state and Continental establishment.  The Brig Musquito was subsequently under my command for a period of not less than four months, and she was then transferred to Captain John Rogers of the said State Navy of Virginia, with whom I was well and intimately acquainted.  The next and last vessel I took charge of was the Naval armed schooner of six guns call'd the "Game Cock" which vessel I commanded from early in March 1781 until about a month after the close of the siege of York Town when I returned to the United States with a further and large supply of munitions of war which I safely delivered and I was then actively employed until that period, the war being considered as closed.  And I do further swear and certify that the only evidence of which I am aware & which I can at this distant period procure of my services as a Captain in the said State Navy of Virginia is that of Commodore James Barron now of the United States Navy whom I well & intimately knew during the war of the Revolution.  My commission I cannot produce and according to my best impressions it was lost at the time of my capture by the British Brig Eagle as already stated.  I hereby relinquish every claim whatever to a pension of annuity, except the present and declare that my name is not on the agency of any State or only on that of the Agency of the State of Virginia.
Jno Cox

Sworn to in open court on this 30th day of June 1834
Jno Williams.
CO
Page 66

And the said Court do hereby declare their opinion that the above named applicant was a revolutionary officer and served as he states.

I John Williams, Clerk of the Hustings Court of the Borough of Norfolk in the State of Virginia, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Cox for a pension.

In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this first day of July in the year of our Lord One thousand eight hundred and thirty four and of our Independence the fifty eighth.
Jno Williams CO
Page 67

Portsmouth May 14th 1835

To Mr. Edwards

Sir

After waiting with great anxiety for several months to learn your final determination respecting the pension of my Father I have taken the liberty to address a few lines to you on the subject and beg the favour of you to relieve us of the very unpleasant state of suspence in which we have been so long, I deeply regret that my Father should have apply'd for a pension as he had been able to live so long without it.  I trust he would still have done so, but considering it as justly due him as others he thought it right that he should have it.

The greatest uneasiness I feel on the subject is that my Father should be supposed to wish to defraud the Government of a pension of 480 dollars a year, a man who has lived to the great age of 82 years without the breath of slander against him, should be at last supposed to be so base, it is truly distressing to every member of his family but much more so to himself.  I have no doubt it will shorten his few days a great deal from the effect it has already had on him, he says in reference to
Page 68

Mr. Murdaugh's certificate that he positively declares he never mentioned his being in a merchant vessel at the time he aludes to, He has received from his agent Mr. Vincent 680 dollars which he has used, and he has no way of repaying it himself, but I have some property and you may set assured that the last cent I possess should be sacrificed for the honour of my Father's name, I feel pride in saying that whatever may be thought of him at a distance that at home where he is best known no evil will ever be attributed to him, I shall ever feel gratefull for the forbearance you have used in his case;  and hope ?? you will excuse the trespass I make on your time the cause I hope will be my apology

I remain very respectfully &c &c
Ann P. Swift
Page 69

Norfolk Virginia April 12th 1835

James L Edwards Esq
Commissioner of Pensions

Sir

Your respected favor of the 23rd instant with its enclosure reached me by due course of mail, and I immediately transmitted it to Capt. Cox, with a request that he would see W. Murdaugh and obtain from him an affidavit confirming to the directions indicated in your letter:  I requested the Captain at the same time to furnish W.M. with a statement showing the discrepancy in the matter set forth in his declaration, and what he stated to Murdaugh, when he M drew up his affidavit in the case of Latimer.  I also desired Capt Cox to call on W. Watts the Justice before whom the affidavit was sworn to, and in like manner to obtain his affidavit, that every matter and every fact connected with the circumstance might be distinctly placed before you.
My absence from Norfolk since the receipt of your letter will account to you for my not replying sooner to it, but I now have the pleasure of handing the enclosed affidavit from W. Watts and permit me to say of him that no man in the Society of Portsmouth or Gosport occupies a more elevated station.  He has been for the last two years a distinguished member of the Virginia Legislature, and is a gentleman of polished education.  I have not see W. Murdaugh, but Doctor Micks has called to apprise me that in consequence of the infirmities of Capt Cox, and at his request he called on WM and submitted to his examination your letter with its enclosures and a copy of the letter addressed to you by Capt Cox.  WM first hesitated upon the Course which under the circumstances of the case it would be proper for him to pursue, and Doctor Micks tells me that he finally declined furnishing an affidavit, which would operate as an acknowledgment.
Page 70

that he had misapprehended the purport of Captain Cox's remarks in the case of Latimer.  W.M. he states, reiterated the impression of his entire confidence in the accuracy of the statements contained in that affidavit.  I candidly confess to you, that I am puzzled to know what would be the form of W Murdaugh's affidavit.  If it is a question of veracity between the two gentlemen, W.M, I am sure will never acknowledge that he was mistaken.  But it seems to me from a candid review of the subject, that W. Watts affidavit will reconcile all supposed difficulties, and I do hope that taken in connection with all the proofs and documents which have already been submitted to you, particularly the testimony of com Barron who has swore to the services of Capt. Cox, in a manner which will repel every doubt upon that subject, that no circumstances has occurred which would affect Capt C's credit and integrity.

I submit his case to you with the perfect confidence that you will do him full and entire justice.

I have the honor to be very respectfully
Your Ob Servant
Frederick Vincent
Page 71

I Samuel Watts a Justice of the Peace for the
County of Norfolk, hereby certify that in a about the 30th of September 1833 I called on Capt John Cox at his house or residence in Gosport, with a written certificate, which had been handed to me with the request that I
well attend to it officially I found Capt Cox quite indisposed, and I recollect, distinctly, that his hearing was, and had for some time been, very much impaired. I stated to him the nature of the subject on which he to be sworn, and I think I read the certificate to him.
His attention at the time seemed to be directed to the most prominent feature in it: viz: that he  knew a certain Edward Lattimer, who was a Lieut in the Navy in 1781. This observation was intelligent and his memory, as to the events of the revolution, was strong and retentive.
I further certify that I have been acquainted with Capt Cox from my infancy, and I know
that he stands high in the respect and esteem of his fellow citizens. I have never heard his veracity doubted; and I should attribute a discrepancy in any statement by him at the time alluded to, to the infirmity of his hearing-
Given under my hand this 30th day of
March 1835. at Portsmouth, in the County aforesaid.
Saml [Samuel] Watts J.P. [Justice of the Peace]
Page 72

We the undersigned Justices of the Peace in and for the County of Norfolk do hereby   Certify that we have known Capt John Cox of the town of Gosport (who as we are informed is an applicant for a pension for his services as a Captain in the State Navy of Virginia
during the War of the Revolution) well and intimately for a number of years, and we take pleasure in saying that we consider him a man of unblemished character and reputation, and we further certify that all his statements are entitled to full faith and credit-
Arthur Emmerson J. P.
T Webb J. P.
John Nash  JP
M. Cooke J. P.
S. W. Happer J. P.
J Thompson J. P.
H. Wilson JP

Virginia I William H Wilson Clerk of the County
Court of Norfolk in the State of Virginia do hereby certify that Archie Emmerson, I Will, John Nash, M. Cooke, S W Happer, I Thompson & H  Wilson and who have signed the above certificate are Justices of
Page 73

the peace in the County of Norfolk and State of Virginia aforesaid duly commissioned and qualified to the office according to the Constitution and Laws of the said
State.
Given under my hand and the seal of my office this 7th day of February 1835 and of 
 our Independence the 59th.

Wm H. Wilson CC
Page 74

Reference to [illegible] Edwards [illegible] let this Pensioner be was pensioned [illegible] [illegible] Capt Cox he applied to.
L C

October 2 [illegible]
Pension Office
No 9
Page 75

[handwritten] Quit
Extract from a letter received from John W. Murdaugh Esq Portsmouth dated 19 Oct 1884, in answer to the letter of the Secy [Secretary] of the Treasury respecting Thomas Ewell's; claiming "May I enquire, how, Capt. John Cox of this town obtained a pension for service as a captain in the Virga. [Virginia] State Navy.
This must be a mistake. I have conversed my many times with Capt Cox on the subject of the war, & know the fact from his own declarations that he never entered military services except as a volunteer Militia for a few days at a time. In some one of my cases he has given an affidavit which shows that
he never was in the service."
The above is respectfully referred to the Secretary of War.
Treasury Department
22 Oct. 1834.
Page 76

Captain John Cox in his life time to wit, on the
in the [blank]  year 1832, received from the Hon. Lewis Cass Secretary of War, a pension certificate authorizing him to receive from the Treasury of the United States for his services in
the war of the revolution as a captain of the State Navy of Virginia the payment awarded to a captain in the Navy aforesaid - Commencing the 4th of March 1831 and to continue for and during the period of his natural The pay in said certificate by some miscalculation in the per
diem allowance was specified at $480 per annum, whereas the pay allowed to to a captain in the Virginia Navy ([illegible] 
(vide Hen. Statutes at Laye page 3 & 2) was stated to be at the rate of 8/3 per day and should therefore have amounted to $501.87
per annum. Capt Coe died on the 6th day of December 1838 and the sum now claimed to be due in the difference between
$480 the sum awarded and $501. 87, the actual pay in the Virginia Navy, computing the time from the 4 March 1831, when his pension went into effect untill the day of his death.
(A.)
See power of attorney for Ann P. Swift a administratrix and only heir at Law of John Cox original in the 3d Auditors office
copy (B )
The Commissioner of Pension in his Letter to T Lumpkins Esq dated the 21 of November 1850. states "that he was allowed a pension under the act of 7th of June 1832 at the rate of $480
per annum for twenty months service as a captain in the Virginia State Navy"
His pension was computed at the rate of $600 per annum for two years service he was not therefore entitled to any higher rate of allowance than what he received"
L. Edwards letter (C)
Additional proof by T Lumpkins Esq
State of Virginia Norfolk County, to wit
Page 77

Capt John Cox
Gosport
Page 78

Norfolk March 10th 85

My dear Sir,

In reply to your inquiries I take much pleasure in  stating that, in a particular Court with the late Cons [Congressman]  Samuel Barron in
relation to you he spoke in high terms of your Services as a Capt in the Virginia Navy during the Revolutionary war particularly in repelling an attack made by a superior force on your V. [Virginia] fleet, which, however was received & you finally vanquished but the Gallant resistance made by you was well deserving the highest commendation which you recd.[received]
Congn [Congressman]  Barron mention in the course of conversation that as you were in the same service he had an opportunity of observing, & knowing your valuable services 
to our County
I remain with great respect,
N. W. E. P. Kennedy Capt. U. S. 2


Captn [Captain] Jno [John] CoxJno. Cox
Page 79

[handwritten] Quit

Washington, D.C
Decr 13th, 1850

Sir,

In my letter to you some days since respecting the case of John Cox, who served in the Revolution as a Captain in the Va. Navy,  I mentioned that evidence would be found in the papers under which he drew his half pay
in the 3rd Auditors Office, sufficient to justify
my assertion that he the said Capt Cox did serve two years or more, and thence his pension under the Act of 7th June, 1832 should be increased to $600 per ann. [annum]
I now have the honor to enclose herewith a certified copy from the Executive of Virginia, showing that he did serve from 15th May,  1777, to the 3rd November 1783
I have the honor to be
Sir, very respectfully
Your Obt [Obedient] Sert [Servant]
Th [Thomas] Lumpkin
Hon. J. E. Heath
Comm. [Commissioner] of Pensions.
Page 80

[handwritten] Quit

Washington DC
Dec. 5th 1850

Sir,

I have the honor to transmit herewith a certificate of the Court of Norfolk County Va. 
having the period of the death of Capt John Cox, also that Mrs Ann P. Swift is the only child and heir of the said Capt Cox, who was a  Captain in the State Navy of Virginia.
I presented my reasons to the Hon Alex H. H. Stuart, Secy [Secretary]  of the Dept. of the Interior some time since upon appeal from the decision of your late predecessor, for an increase of Capt. Cox's pension under act of 7th June 1832 pay between $480 and $600 per ann. [annum]
I desire that the papers under which he drew his half pay, Act 5th July, 1832, to be found in the 3rd Auditors Office, should be examined 
to prove that he served more than two years  in the capacity of Captain for the Revolution.
I have  the honor to be,
Sir, very respectfy [respectfully]
Your Obt. [Obedient]  Svt [Servant]
Th. [Thomas] Lumpkin

Hon. J.E. Heath
Commr [Commissioner] of Pensions
Page 81

[handwritten] Quit

Washington D.C.
Nov. 25th, 1850.
Sir,
The Commissioner of Pensions to whom I recently addressed and enclosed my authority for asking the additional Pension due the late Capt. John Cox, and a the act of 7th June, 1832, states to me in his reply thereto that Capt. John Cox, pension was computed at the rate of $600 per annum, for twenty months service making the sum of $480 per ann. He states that this is all that was due him, and reject my application for an increase. I have examined into his papers on file in the 3rd Auditors Office, and find that he declares (in his declaration under the Act of July, 1832) that he entered the service in the spring 1777 and continued actively employed in the service
of the state until the close of the war. I find evidence sufficient in those papers to prove thaat he performed more than two years actual service and therefore I claim upon this my appeal the difference between the amount of $480 and $600 per annum.
I hve the honor to be Sir most respectfully Your Obt. [Obedient] Servt [Servant
Th. [Thomas] Lumpkin

Hon. Alex H. H. Stuart,
Secretary of the Interior Dept.
Page 82

[handwritten] Quit

Pension Office
November 1850
Sir,
In answer to your letter to the Secretary
of the Interior respecting the case of John Cox, decd [deceased], I have to inform you that he was allowed a pension under the act of 7th June 1832, at the rate of $480 per annum for twenty months service as a Captain in the Virginia State Navy.
His pension was computed at the rate of *$600 per annum for two years service: he was not therefore, entitled to any higher rate of  allowance than what he received.
I am respectfully
Your Obt. [Obedient] Servt [Servant]
J L Edwards
Comm [Commissioner] of Pensions
(* should be $576 Cole)


T. Lumpkin Esq
Present
Page 83

Washington
Nov 14/30
Th [Thomas] Lumpkin
Enc: [Enclosed] two letters from
A Jeffrey Claiming
increase of pension
for Mrs Swift only
heir of Capt John
Cox Va State Navy
F
Referred to the Comm [Commissioner] of Pensions
Dept of the Interior
Nov 14/30
Y
Page 84

[handwritten] Quit

Washington D. C.
Nov. 14th 1850
Sir,
I have the honor to enclose herewith two letters from A. Jeffery, Esq. of Norfolk, Va Attorney for Mrs Swift, daughter, and only heir of the late Capt. John Cox who was a Pensioner under the act of 7th June, 1832, at the rate of $480 per ann. [annum] Va. roll.
Captain Cox served in the Virginia State Navy and should have been pensioned at the rate of $600 per ann. He died on the 17th December 1837.
I have to request that the difference, say between $480 and $600 per ann. from 4th March 1831 up to the period of his death, say 17th December, 1837, may be computed and directed to be paid to Mrs. Swift accordingly.
I have the honor to be, sir,  
Most resfy [Respectfully[]
Your Obt [Obedient] Svt [Servant]
Th [Thomas] Lumpkin

Hon. Alex. H H Stuart
Secy of the Dept of the Interior.
Page 85

Norfolk Nov 8th 1850
Mr. Thos. Lumpkin
Dr [Dear] Sir
I received a letter from you by the hands of Gen'l Willson a few months since, addressed to the heirs of Jno [John] Cox, I wrote to Mrs Swift  on the subject, she is the only heir of Capt. Cox & received a a letter from her last such asking me to write  to you on the subject & find out the amount to her and also what you would charge for collecting it. I as Mrs Swift's  attorney & I think it probable that a power of attorney based on the xxx I hold would be sufficient for the collection, if not however I can get one from Mrs. Swift will answer, I have several persons in Washington who can prove that
Page 86

Ann Swift is the only heir of Capt Cox
Very Respy Yrs
A Jeffrey
Page 87

Norfolk Nov 13th 1850

Thos Lumpkin Esq

Dear Sir
I received your form of ?? yesterday.  You have my authority as agent for Mrs. Swift & by her request to examine into the claim of Mrs. Swift as heir of her father Capt Jno Cox.  As soon as you get the affair in a ?? for collecting please let me know & one fourth of the amt shall be had you for your services.

Very Respy Yours
A. Jeffery
Page 88

Certificate
Act July 5, 1832
Case of John Cox, decd

July 18, 1844


Recorded page 149
Page 89

                               Pension Office
                               July 18, 1844.

I certify that I have examined the claim of Ann P. Swift, administratrix and only heir of the late John Cox, deceased, who asks that the amount may be refunded to her which was deducted when her claim under the act of July 5th 1832 was settled in January last.  By a recent decision of the Secretary of War, the receipt of a pension under the act of June 7, 1832 is no bar to the receipt at the same time of half-pay under the act of July 5th, 1832 entitled "An act to provide for liquidating and paying certain claims of the State of Virginia"; I am therefore of the opinion that the amount paid under the act of June 7, 1832 in the case of said John Cox, deceased, and deducted as above stated, should now be refunded to said administratrix and heir Ann P Swift, as the rate of four hundred and eighty dollars per annum from the fourth of March eighteen hundred and thirty one to the seventeenth of December eighteen hundred and thirty seven, when said Cox died. The same is payable to Frederick Vincent, Esq of Norfolk, Virginia, attorney of Mrs. Swift

          Commissioner of Pensions

Approved

Secretary of War.
Page 90

Certificate to 3d Audr
for payment of Jno
Cox under Act July 5, 32

Jan 20 1844

File with Audrs certificate. 
Comr has bundle
Page 91

               Pension Office
                January 20. 1844

It is hereby certified that on an examination of the case of John Cox, deceased, it appears that he was a captain in the Virginia State Navy during the revolution; that the case is embraced by the act of the 5th of July 1832 entitled " An act  to provide for liquidating and paying certain claims of the State of Virginia"; and that the claim of his daughter and only surviving child, Ann P. Swift, of Virginia, under said law ought to be allowed.  The half-pay will commence on the 22nd of April 1783, at the rate of Two Hundred and Forty Three Dollars and Thirty three and one third cents per annum, and cease on the 17th of December 1837, when he died; and all payments made to said Cox as a pensioner or his daughter after is death under the act of June 7, 1832 at the rate of $480 per annum will be deducted from the amount payable under the act of July 5. 1832.  The amount is to be paid to Frederick Vincent, attorney of said Ann P Swift 
aonv.

Approved

   Commissioner of Pensions

Secretary of War
Page 92

The unbounded confidence, which I entertain in the opinion of the Commissioner of Pensions (Col. Edwards) makes me somewhat reluctant to appear as differing with or of endeavoring in any form to controvert his opinion.  The Commissioner however in his statement to the Hon. Secretary of War, in reference to the half pay claim of Capt Cox, founded upon the Judgment of the ?? Superior Court, suggests (should the claim be allowed) whether it would not be proper to deduct from the Aggregate Amount of the Judgement, the Pension received by Captain Cox himself under the Pension Act of the 7th June 1832.
To this, I respectfully object:
I.  Because the Pension Act referred to-a copy of which is herewith ??, confers upon all persons entitled to its benefits, apart from any other legislation enactment, an absolute and vested right, to ?? from the Treasury during his life, that is from the 1st of March 1831 when the Act went into operation, the Amount of his full pay, not exceeding in any case the pay of a Captain in the State Line.  Adopt the suggestion of the commissioner and the effect would be to reduce the full pay authorized by the Act to one half.  Illustrate it thus:  Suppose, that when the Act went into operation, to wit on the 1st March 1831, the claim of Capt Cox for his half pay up to that time, amounted to $10,000;  and that under the Pension Act, from the 1st March 1831 until his death on the 17 d 1837, he received from the Treasury the sum of $3,000;  it would scarcely be contended I suppose that upon the adjustment of his half pay claim, to wit the $10,000, all of which accrued anterior to that 1st of March 1831, that any portion of the Pension should be deducted from it.  But extend the half pay to the time of his death, so as to embrace the period for which he has received his pension viz from the 1st March 1831 until the 17th December 1837 by the same ratio, and it would amount to $11,500;  then deduct the pension of $3,000 already paid, and instead of the $10,000 due on the 1st March 1831, there would in fact only be due the sum of $8,500.  Such a result, I venture to hope the commissioner will admit, was never contemplated by Congress.
II.  The act of 5th July 1832, A copy of which I also hand to the Comr & the Secretary, authorizing the Secretary of the Treasury, to adjust and liquidate the claims of Virginia against the United States, for payments made by her to her Revolutionary officers; as well likewise for the half pay, for which said State would be bound, upon the principles of the half pay cases decided in the Supreme Court of Appeals of that State, does not in any form authorize any deduction or abatement to be made for any purpose whatever.  If Congress had so designed, the Act unquestionably would have been made to default it, and it may be agreed I think with ?? ?? taking the two Acts together, both being passed at nearly the same time, that Congress did not mean to disturb or invalidate the Virginia Acts of Assembly providing half pay to the officers of the Revolutionary Army.
Page 93

Army and Navy. In this case of Dr John Applewhaite, a surgeon of the Virginia Navy which has been once or twice rejected by this dated request and an affidavit taken to the home of Mr. Poinsett then Secretary of War, he uses this  language " The case of Dr Applewhaite deceased having been decided by the Superior Court of  [illegible] in favor of the claimants, on the  principle of half-pay case already decided in the Supreme Court of Appeals of the State of  Virginia, the decision is in my opinion binding on this department, and there is a legal obligation under (the 5th March of) the last session of the 5th July 1832 to pay the money due the heirs of the deceased, Dr Applewhaite".  The judgement in the case of Capt. Cox pension awarded from the same court .

Should the Hon. Secretary upon a deliberate consideration of the question, come to  the conclusion that the Pension Act of June 1832 superceded or  invalidate the half-pay Act of Virginia, it is humbly submitted whether the Judgement of the Supreme Court of [illegible]  is otherwise erroneous than having excluded the half pay of Capt. Cox beyond the 1st of March  1834, when the Act went into effect, and from which term under the aforesaid Act, he was entitled to receive full pay until his death which is respectfully submitted. 

   Frederick Vincent [illegible] of the Court
    and atty in fact of Mrs. A. P. Swift
   January 2nd 1846
Page 94

Jan 9 1844

[illegible]

Jon Cox
Va [illegible]
half pay case

26460

FREE

Hon J L Edwards
Commissioner of Pensions
Washington City
Page 95

Philadelphia January 6 1844
Saturday Evening
J L Edwards esquire
Commissioner of Pensions. Washington City
Sir
I had the honor of apprising you, by my letter of the 27th of October last that the Circuit Superior Court of Law for the City of Richmond, would commence  its Session early in the ensuing month of November, and that the half pay claim of Captain John Cox, late of the Virginia State Navy for the Commonwealth of Virginia which has been for sometime depending in that court, would in all probability be tried during the term of the Court.
Mr. Peady during the last year renewed before you, the application which I had before made in behalf of the claimant, upon new and additional evidence; and as he informed me, a final decision of  the claim was waived by you, for the reason that the case was depending in the Virginia Courts and that their disposition of it would receive and be entitled to the proper consideration of your department.  Hence I considered it my duty, as well as respectful to you, to apprise you the Contemplated trial of the case.
My associate Counsel in the case, Mr Lyons of Richmond Virginia has just addressed a letter to me upon the subject and I have the pleasure to inform you that the Court on Friday the 28th ultimo rendered a judgment in favor of Capt Cox.  Mr.  Lyons states that he will transmit me a copy of the judgment, which I shall have the honor of submitting to you the moment it reaches me.

With high regard, your obedient servant
Frederick Vincent
Page 96

Washington January 20, 1844
To the Hon James M Porter
Secretary of War
Sir
I beg leaves to submit, the enclosed brief explanatory note of Argument in relation to the half pay claim of the late Cap Cox submitted to your decision,  Having been detained here several day attending to this business, I beg to say that if the case can be disposed of to day with entire justice to the parties, you would, from the personal inconveniences to which I am exposed, confer a great favor on me.

I have the  honor to be
with high personal respect
Your ob. servant 
Frederick Vincent
Page 97

Washington City
May 16 1845
J L Edwards esquire
Commission of Pensions
Sir
As the agent and Attorney in fact of Mrs Ann P Swift administrating and only heir of the lat John Cox, I beg to submit the following claim for adjustment.
Captain Cox in his life ____ to wit on the     day of.   in the year 1832, received from the honorable Lewis Cass then Secretary at War, a pension certificate, authorizing him to receive from the Treasury of the Unites States for is Services in the War of the Revolution as a captain in the State Navy of Virginia, the pay award3d to a Caption in the Navy aforesaid, commensing the 4th of March 1831 and to continue for and during the period of his natural life.  The pay in said certificate by some miscalculation in the per diem allowances, was identified at $480 per annum, whenever the Pay awarded to a Captain in the Virginia Navy, Vida him that at large Vol 10 Page 382 was stated to be at the rate of 8/3 per day, and should therefore ___ accumulated to $501.87 per annum.  Capt Cox died on the    day of December 1838, and the  ___ claimed to be less, is the difference between $480, _____ awarded ; and $501.87 the actual pay of a captain in the Navy.   Correcting the times from the 4th of march when his pension went into affect until the day of his death.
So soon as the claim can be audited, if found to be valid, I request that the sum due, may be remitted directly to W Swift at Norfolk Virginia. IF the powers of the Att have subscribed to do not authorize me to execute a receipt for the _____.

I have the honor to be very ____
Your Ob. servant
Frederick Vincent
Page 98

Philadelphia Oct 23 1843
J L Edwards Esq
Washington City
Dear Sir
The case of Capt Cox in the State of Virginia, which was partially agreed at the last term of the Richmond Circuit Superior Court Judge Nicholas presiding will again be resumed at an early period of the Session to be held in the Same Court the first day of the first Monday in November next.
I deem it respectful of you to fire you this information and subscribe myself
with high respect
your obedient Servant
Frederick Vincent 
one of the C?????????
Page 99

May 19
CMR
Cap Jno Cox's
???
J L Edwards Esqr
Commissioner of Pensions 
Washington City 
DC
Portsmouth Mary 16 VA