Revolutionary War Pension and Bounty Land Warrant Application File S. 5774, for James Mortimer, New York

SERVICE
NUMBER _____
Continental New York.
Mortimer, James
S. 5774.
Carded
CONTENTS

12.152
Virginia
Damy Mathemer of Grayson in the State of Va- who was a private in the --- commands by Captain --- of the Regt commands by Col Lewis in the V.P.Y. line for 2 years
N.Y. and Continental Records completed may 1844
Inscribed on the Roll of Virginia at the rate of 100. Dollars --- Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of April 1833 and 1834 and 1835 and 1836 Col Grayson Co. Mayson C.H. V. Heamson  Heamson
Arrears to the 4th of March 1839 200 Semi-ant. allowance ending Sept. --- 50 257.-
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by Nathan Rice --- Clerk, Book 6 Vol. 6 Page 1

16. 884
James Mortimer
Adm'd to private Hobartstown from 1779 Sept. 20 $100. at Lamb N.Y.
Sam c McLaughlin Richmond pa

16, 884
BRIEF in the case of  Grayson
James Mortimer in the State of Va. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? clearly  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     78 or 79 - discharged in '82 — — — As a Artilleryman  Gen. Mott, Col Lamb  Capt. Vannoy Gen. Knox   
Can't say how many years he served - but it was more than 20
5. In what battles was he engaged?  York Town - White Plains - Fort Montgomery - Monmouth
6. Where did he reside when he entered the service?  New York State - enlisted at New Windsor
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls?  Nothing
8. Are the papers defective as to form or authentication? and if so, in what respect?  No Clergyman's certificate -
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. C. Easton Examining Clerk. 21 Feb 1833

James Nordimer
1888 4 ✓
Jan c McLean Rieth

State of Virginia Giles County
On the 22 nd day of October 1832 personally appeared before the justice of the Court for Giles County, James Morkman, a resident of Giles County in the State of Virginia, aged 76 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 provision made by act of Congress passed June 7 th 1832. That he enlisted in the army of the United States in the year 1778 or 1779 with Lieutenant Woodard and served in the New York Artillery during the war. He does not now recollect the number of his Regiment, but he served under the following named officers: Col. Lamb, Commandant of the New York Artillery, & Commandant of the Regiment; Genl. Stoy Commandant of the brigade; Lieutenant Col. Stevens, Major Bowman, Major Daugherty, Captain Mott, who was taken sick & the Company was then put under Capt. Vanroy, or Hannoy, Lieutenant Bradford, Lieutenant Campbell & Lieutenant Leenart, orderly sergeant Higgins & sergeant Russell. He was discharged, at West Point in the year 1782, by Col. Lamb, but afterwards lost his discharge together with a good deal of Continental money in the City of New York. He resided in the State of New York when he enlisted - He does not remember in what County

but he remembers that he enlisted at a place on the North River then called New Windsor, and was serving in a Militia Company at the time he enlisted. He was in the battle of White Plains while he was in the Militia Service, and was in Fort Montgomery  when it was taken when it was taken by the British. He was also in the battle of Monmouth, and then at the taking of Lord Cornwallis at Yorktown in Virginia. He marched through the State of New Jersey and a part of Pennsylvania - went by water from the head of Elk and landed where the French fleet lay, before the surrender of Cornwallis. The next winter he lay in Burlington barracks, and during the term of his service he lay at Morristown in New Jersey - North Redoubt, Stony Point and Dobbey's Ferry. —
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of any  any agency of any state. Signed to, and subscribed, the day & year aforesaid.
James his Mortimer Snook
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
I Martin Dickenson, Clerk of the Court of Grayson County, do hereby certify that the foregoing contains the original proceed-

ings of the said Court in the matter of the application of James Mortimer for a Pension.
In testimony whereof, I have hereunto set my hand and seal of Office, this 29 th day of October 1832).
(M. Dickenson)

Rev War
5774
INVALID.
File No. 5774
James Kreimer Rev War
Act: June 1 st 82
Index:—Vol. M , Page 253
[Arrangement of 1870.]

16, 884 James Mortimer
Sam M. Gernant Richmond

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Mortimer 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 amount of pension he is entitled? Yes 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

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 ?
No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?
No
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 ?
No
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?
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? ✓
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ✓
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 ?
XVI. ‡ Are the papers authenticated as the regulations direct ?
Yes
XVII. 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, deposeh 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.

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 pensions 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 shewn 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 embodied corps called into service by competent authority; that he was either in 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 officer, 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.