Revolutionary War Pension and Bounty Land Warrant Application File R. 2,370, John Court, Mass. Privateer (S.C.)
Page 1

(3-1776) 

SERVICE 

Mass.
Privateer (S.C.)

Court, John

Number
R 2,370
_______________________
CONTENTS
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John Court 

12. 159 
Agent 
“A Gould 
Auburn 
NY” 

Comet. privateer 
service  disallowed - 
Capetd  on board a merchant ship 
captivity  disallowed 
not on Rolls 
Bigelow nor Higgins of whom 
he was the substitute
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[ State of New York 
Cayuga County] ss 
Personally appeared before me the undersigned a justice of the peace in & for said County John Court who being duly sworn says that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his services but according to his best recollection he served not less than the periods mentioned below and in the following grades. For six months I served as boatswain on board of the Comet -  For ten months I was a prisoner on board of a prison ship. the Somerset and for nine months I served as a private soldier and for such service I claim a pension. The brig "Comet” was a public vessel as I believe, and our banner was the "Thirteen stripes” The other ships in which I sailed as private property- 
John Court

Sworn & Subscribed the 18th day 
of May 1833 before me 
Alvah Worden ( signed )  Justice of the Peace 

I certify my opinion that said John Court is a man of truth & veracity May 18 1853 
A. Worden ( signed ) J.P.

[ State of New York 
Cayuga County]
I Michael S Myers Clerk of said County do certify that Alvah Worden Esq. before whom the foregoing affidavit was made was on the day of the date of the same a justice of the peace in & for said County -  that I am well acquainted with the handwriting of said justice and believe his signature to said affidavit & the above certificate to be genuine 
Witness my hand and seal of office the 18th day of May A D 1853 
M.S. Myers ( signed / sealed  )
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[ State of New York 
Cayuga County] ss 
On this 20th day of September AD 1832 personally appeared in open Court before the Court of Common Pleas in and for the County of Cayuga in said State James Toms of Brutus in said County who being duly sworn says, that he is aged seventy eight years. that he is acquainted with John Court of Cato in said County and was well acquainted with him in the time of the Revolutionary war. 
that he became acquainted with said Court in the fall of 1782. and continued said acquaintance until the winter following -
that said Court was at that time engaged in the service at and near Saratoga - that  he was engaged part of the time with arms & part of the time in driving a team for the army under Gen Gates -  
that he at that time understood that said Court had been engaged in service frequently during the war but has no personal knowledge of any other services 
Sworn & subscribed the day & year aforesaid
James Tom ( his X mark )

And the Court certifies their opinion that the said Toms is a man of truth and veracity
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[ State of New York
Cayuga COUNTY, ] SS. 
On this 20th day of September A.D. 1832 personally appeared in open Court, before the Court of Common Pleas in and for the County of Cayuga and State of New York, now setting, John Court a resident of Cato in the County of Cayuga and State of New-York, aged 70 years, who being first duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th, 1832. That he entered the service under the following named officers, and served as herein stated:- 

That about the month of July AD 1775 at the City of Charleston in South Carolina he entered the service  of the United States as a Boatswain on board of the brig Comet commanded by Captain. Allen carrying eighteen guns; that said brig sailed south near St. Augustine when they captured and made a prize of an English Vessel (called the Elizabeth as he believes) and returned with said prize to Charleston aforesaid;
from thence they sailed out again & cruised near St Augustine aforesaid where they were engaged in a severe battle with a British schooner after which  he returned in said Brig to Charleston aforesaid from which place after refitting he sailed to the south and continued to cruise for some time and returned again to Charleston where he was discharged about the first of the following winter having served a term of six months. 
He further declares that he soon after engaged on board of a merchantman commanded by Captain Preston, and sailed for the west Indies, that whilst said Vessel lay off Cape Nicklande she was taken by a British man of war; that previous to the capture of said vessel he escaped from it in a boat and reached the Island of Cape Nicklande, when he remained about two months when he sailed from said Island on board of a merchant vessel called “Nancy”, from Charleston commanded by Captain Smith
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Bound for Baltimore, that a little off the harbour of Baltimore said Vessel was captured by the British man of was called the "Somerset”, that he continued a prisoner on board of said ship for a term of ten months that said ship lay most of the time in the harbour  of New York:
that it lay there until it sailed with the English fleet to meet the French Fleet of Rhode Island, that said ship was soon after driven on shore at Cape Cod, and wrecked when he escaped from said ship and went to Boston, from thence to Greenwich in the State of Massachusetts, where he settled, and continued to reside until the spring of the year 1780 as he believes, when he entered the service of the United States as a substitute for one Higgins in the company of State troops or militia commanded by Captain Smith in the Regiment commanded by Col. Bigelow in Gen. Glovers Brigade for a term of six months that  he joined said company or Regiment at Springfield in the State of Massachusetts, from thence he marched to West Point where he joined the  American army, from thence he marched with said army to Peekskill; to Stoney Point, thence to New Jersey, and was stationed at Elizabethtown and other places, from thence he returned to West Point when he was discharged returned home to Greenwich aforesaid at the expiration of said term of six months
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He further declares that about the first of October AD 1782 he again entered said service at the town aforesaid in the company of State troops commanded by Captain Preston as he believes in the same Regiment aforesaid for a time of three months, that he marched with said company to Albany, from thence to Saratoga Bar rack, that from this place he was sent north to Crown Point on lake Champlain to guard a body of Prisoners, who were to be exchanged at that place, that said exchange was effected and he returned to Saratoga, that after he returned he was engaged in the wagon service, and took the command of or charge of the continental teams under Gen. Gates. that he continued in said service during the whole of said term of three months when he was discharged - that he never received a regular written discharge from [crossed out-each of] said service [crossed out-but has lost] that he has no proof of said service and is not able to procure any except the testimony of James Toms that whilst in said service he saw and knew the following named officers, to wit Gen. Washington, Gen. Gates, Gen. Arnold, Gen. Wayne, Baron Steuben & others, 

He hereby relinquishes all claim whatever to a pension except the present and declares that his name is not on the pension roll of any state or territory 

Sworn & subscribed the day & year aforesaid John Court ( signed )
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We, Obadiah Morrill a Clergyman residing in Cato in the County of Cayuga and Abner Hollister residing in the same town  do hereby certify, that we are well acquainted with John Court  who has subscribed and sworn to the preceding declaration; that we believe him to be 70  years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion. 
Obadiah E. Morrill ( signed ) 
Abner Hollister( signed ) 

Sworn and subscribed the 31st day  of August  AD 1832 before me Robert Bloomfield ( signed ) Justice

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Sailor & Soldier, and served as he states. And the Court further certifies, that it appears to them, that Obadiah E Morrill who has signed the preceding certificate, is a clergyman resident in Cato and Abner Hollister who has also signed the same, is a resident in Cato aforesaid  and is a credible person,  and that their statement , and is entitled to credit. 

Michael S Myers Clerk of the Court of Common Pleas in and for the County of Cayuga and State of New-York, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Court for a pension, 

I Michael S Myers Clerk as aforesaid do further certify that Robert Bloomfield before whom the above certificate was made was on the day of the date thereof a justice of the peace in and for said County and that I am well acquainted with the hand writing of the said justice and believe his signature to the said affidavit to be genuine. 

In witness whereof I have hereunto affixed the seal of said Court and County and subscribed my name the ____day of September AD 1832 
M.S. Myers ( signed / sealed )
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John Courts 

Afft
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[ State 0f New York
Cayuga County ] ss
John Court of Cato in said County being duly sworn deposes and makes the following statement on oath in relation to his Revolutionary Service for six months in Captain Browns company in Col. Bigelow's Regiment, and Gen. Glover's Brigade in the year 1780. 
In the spring of the year 1780 I resided in the town of Greenwich in the State of Massachusetts -  that agreeably to a requisition of the commander in Chief as he understood, the inhabitants of said town able to bear arms were classed, and arranged in classes of eight men each; that each class was required to furnish one man to serve six months, and that unless one man in each class could be found who would volunteer for said term, a draft was made from each class in order to obtain a soldier therefrom - 
that he volunteered to go into said service for the class to which he belonged.  - that he volunteered first and was mustered in the Company commanded by Captain Powers, and marched under said Captain Powers to Springfield, the place of rendezvous, that he marched from Springfield to West point in the same company and when he arrived there he was mustered in the company commanded by Captain Brown in Col. Bigelow's Regiment & Gen. Glover's Brigade as he was informed -  
that he has no recollection of ever having seen said Bigelow -or Glover - for that he was in service at the time the new discipline and exercise was introduced into the army by Baron Steuben, and was then stationed at West Point - that Gen. Arnold at this time held the command of West Point and held his residence at Robinson's farm directly across the river from West Point- 
That he was at Tappan when Gen. Andre was executed and was stationed as one of the guard
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over Gen. Andre whilst he was a prisoner in the Stone church part of the time, and part of the time as guard at Gen. Green's door at the same place, that he continued to serve the whole six months, he did not at this time serve a 
Substitute, 
that he served as a substitute for Higgins during his three months tour at Saratoga under Gen Gates. That his name was regularly called with the rest of said company twice per day, but he does not know whether he what might be called a regular continental soldier - that he never received any pay except his bounty at the time of entering the service, and did not receive a written discharge at the time of leaving the same
John Court ( signed ) 
Sworn & subscribed the 5th day of September 1833  before me 
John Grover ( signed ) Justice of the Peace 

I certify that said John Court is a man of truth & veracity 
John Grover ( signed ) Justice 

[State of New York 
Cayuga County ] ss 
I Michael S Myers Clerk of said County do certify that John Grover before whom the foregoing affidavit was made was on the day of the date of the same a justice of the peace in & for said County that I am well acquainted with the hand writing of said justice and believe his signature to said affidavit and the above certificate to be genuine 
Witness my hand and seal of office the 6th day of September 1838 
M. S. Myers ( signed / sealed )
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N. 12.159

John Court 

5  ob

May 3d 1833 

P.     369 

A. Gould 
Auburn Ny.
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Brief in the case of John Court 
County of Cayuga in the State of NY 
(Act 7th June, 1832.) 

1. Was the declaration made before a Court or a Judge? 
Court 

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 

3. How old is he? 
70 

4. State his service, as directed in the form annexed. 
Period. In 1776 July 
“80 
“82 Oct

Duration  of Service. 
Years
——-
——-
——
Months, 
6  
6- substitute for Higgins
3
Days
——
——
—-
Rank
As a
Mariner
—-
Private

Names of General and Field Officers under which he served
Brig "Comet, Capt. Allen 
Col Bigelow, Capt. Smith
Same Col, & Capt Preston

 5. In what battles was he engaged?
 at Sea 

6. Where did he reside when he entered the service? 
Charleston S. C. 

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? 
Deposition & tradition

8. Are the papers defective as to form or authentication? and if so, in what respect?Regular 

Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned
Levin Belt 
Examining Clerk
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Auburn NY Sept 7 1833

Sir

Yours of August 5th in relation to the
claim of John Court in which
you state that his claim is suspended
and his papers placed on file is received

He thinks there must be some mistake
in the matter, he says he did not
serve during the six months in Capt Browns
company as a substitute. he has made
an affidavit explanatory of that tour of
service which you will please examine

He says that it cannot be possible, that
his name does not appear in the roll of Capt.
Brown's company

Yours Respectfully
A Gould ( signed ) 

Hon J L Edwards
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Auburn N Y May 18 1833

Sir

Enclosed I return the papers in the case of
John Court with the objection answered.
Will you please issue his certificate and send the same to me

Respectfully Your
obt Servt
A Gould ( signed ) 

Hon J L Edwards
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New York
Revo
_________
John Court

Suspended

in [illegible] 5 Augt
1833

let to A. Gould
May 6. 1836 ___

2370
Act 7 June  '32
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No. 12159
Jno Court

5th

A. Gould
Auburn NY
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BRIEF objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of                                 John Court                                                                            which require                                               further proof or explanation. 

I. Does the declaration show where the applicant resides?  yes



II. Did the declarant make the declaration in the county where he resides? yes



III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 



IV. Has the declarant mentioned the period or periods of the war when he served?  yes


V.* Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension he is entitled?                       

No  it is not stated whether the Brig Comet was a public vessel or not and  whether the other sea service was public or private


VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
            

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  yes


VIII. Has the Court given their opinion?  yes


IX. Has the Clerk given his certificate? yes


X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?  yes
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  yes


XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 


XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  yes


XIV.+ If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?    yes

If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?   yes


Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  yes

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?    yes


XVI. Are the papers authenticated as the regulations direct?   yes


XVll. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?    yes

                           

                                                          ________________________________
                                                                     EXPLANATORY NOTES. 

QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:

" Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; 
For _____year _____ months, and ____days,
I served as a_____ For_________months   and ______days, 
I served as a __________; and for such service I claim a pension.
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3

It is important in all cases to determine with precision the period for which each applicant served and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too  indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pension merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embolied corps called into service by competent authority; that he was either the field or  in garrison and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI.  Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper  authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying oflicer, so as to prevent any paper from being improperly attached to the certificate. 

☞In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the
certifying officer, should accompany the papers.
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2370

John Court

REJECTED