Revolutionary War Pension and Bounty Land Warrant Application File S. 3180, James Cook, New York

SERVICE
NUMBER
New York
Cook, James
S. 3180
CONTENTS
carded
died April 1851

Paid at the Treasury under the Act of the 1 st April 1838 from 4 Sept. 1837 to 4 March 1838. Agt. Notified 21 st Decr 1838
April 19 - 1851 A.B.
22. 434 Ohio Pittsburgh
James Cook.
of Trumbull in the State of Ohio. who was a Private in the Co. commanded by Captain Wheeler of the B t commanded by Col. Graham in the Middlesex line for 6 months.
Inscribed on the Roll of Ohio Pittsburgh at the rate of 20 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of Oct. 1833 and sent to David Todd. Warren. Trumbull Co. O.
Arrears to the 4th of Sept. 1833 - 50 Semi-annual allowance ending 4 Mar. 34 10
$60.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Balmer Clerk, Book 6 Vol. 8. Page 108.

27 James Leach Pension App.
Trumbull Co - Ohio -
27. 312
Filed August 26. 1833
David Tod - Agent Warren Trumbull Co Ohio

The State of Ohio } On this twenty tenth day of September Trumbull County } AD 1833 personally appeared in open court } before the Supreme Court of Common Pleas Now sitting James Leach a resident of Messa in the County of Trumbull and State of Ohio aged twenty 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 of the United States in the fall of the year 1780 and was called a "three months man." The company was commanded by Capt Noah Lohellen - Adjutant by Lieut Graham. That he served three months, but he thinks he and was discharged at Fishkill in the State New York - but did not receive a written discharge. The company were paraded in front of the Yellow Church in that town and all discharged at one time - That he resided at the time he entered the service at Mine Parts (Dutchess Co New York) - That he was not engaged in any regular battles. That he marched from Dutchess Co (Mine Parts) to Fishkill on the North River where he remained until he was discharged. That he has no documentary evidence and that he knows of no person whose testimony he can procure, who can testify as to his service - That he again entered the service of the United States as a "three months man" in the month of July 1781. That his company was commanded at this time by Capt John Harn - Mants (or Harn Mants) the Regiment by Lieut Livingston. That he served at this time three months and was discharged on the 18th day of October 1781. That he resided when he entered the service at time at Mine Parts of said. That he was not engaged in any Battle at this time. That he marched from Mine Parts to Fishkill, from Fishkill to West Point, from thence to Stony Point, from thence to Poplar Bay, from thence to Albany, and from Albany to Fort Edward, where he was discharged. At Albany the Regiment was divided, part going up the Mohawk and a part to Fort Edward. During the time we lay at Fort Edward the British came within two miles of us and encamped at or near Sandy Hill, doing considerable damage as they passed through the Country. The day after the

British left Sand Hill they made an attack upon Fort George and I believe took it. He has no documentary evidence of his service and he knows of no person whose testimony he can procure. who can testify to his service.
He was born at New Marlborough Massachussetts in the year AD 1763.
He has no record of his age
He was living when called into the service at New Porters Dutchess Co New York, afterwards in Schenectady Co New York and now resides in Massena Trumbull Co Ohio.
He suggests he was drafted into the service
I am known in my present neighborhood by the Revd David Campbell a clergyman of Massena aforesaid and also by Thaddeus P St John a resident of said Massena. who will testify to my character for veracity, and who also believe that I was a soldier of the Revolution
He hereby relinquishes every claim whatever to a pension except the present and declares that his name is not on the Pension Role of the agency of any state
James Cook
Sworn to and subscribed the day and year aforesaid George Pissard Clerk We David Campbell a clergyman residing in Massena, County of Trumbull or State of Ohio and Thaddeus P St John residing in the same place, hereby certify, that we are well acquainted with James Cook who has subscribed and sworn to the above declaration, that we believe him to be seventy 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
David Campbell Thaddeus P St John
Sworn to and subscribed the day and year aforesaid George Pissard Clerk 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 Soldier and served as he states. And the Court further certifies that it appears to them that David Campbell who has signed the preceding certificate is a skin zyman resident in Massena forsooth. that Madius P St John who has also signed the same is a resident in the same place or is a credible person and that their statement is entitled to credit. The State of Ohio ss George Parsons Clerk of the Court aforesaid Franklin County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Cook for a pension.
In testimony whereof I have hereunto set my hands and seal of office at Warren in said county of Franklin this twentieth day of September Anno Domini one thousand eight hundred and thirty three. George Parsons Clerk

27. 312 22.484
James Cook Ohio
Adm 6 mo $20
David Todd Warren Trumbull Co Ohio

WAR DEPARTMENT,
Pension Office,
29. Oct 1833.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of James Cooker
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1780 3 Capt. Wheeler 70 years   1781. 3 Col. Graham Col. Livingston Sub. Chief Co. N. Y. Traditionary  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval Service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      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 the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers :
 [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (if) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
and the Judge or Justice will execute the duties, which the Court is herein requested to perform, to certify that the applicant cannot, from bodily infirmity, attend the Court. If an official act is required to be done by a Judge or Justice of a Court of Record, or a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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."
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 that 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 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. and 1812 Wars Section
AWF/HMM
April 16, 1930.
Mrs. R. Winnagle 267 Belmont N. W. Warren Ohio.
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim S. 3180, it appears that James Cook was born in 1763 at New Marlboro, Massachusetts.
While residing at Nine Partners, Dutchess County, New York, he enlisted and served with the New York troops as follows:
In the fall of 1780 three months in Captain Noah Wheeler's Company, Colonel Graham's Regiment; from July 1781 three months in Captain John Hernance Hernance 's Company, Colonel Livingston's Regiment.
He was allowed pension on his application executed September 26, 1833 at Mecca resident of Mecca, Trumbull County, Ohio.
He died April 19, 1851.
There are no data as to family.
Very truly yours,
E. W. MORGAN Acting Commissioner.

Rev War
3180
INVALID.
File No. 3180
James Cook Print, Rev War
Act: June 7 th 1832
Index:—Vol. A , Page 73
[Arrangement of 1870.]
1930 - copy 16 - Hesk to Mrs. R. Kennagle See letter in locac Recd S-4087 copy.

Treasury Department,
Second Comptroller's Office,
December 15 th , 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," James Cook, _____ a Pensioner on the Roll of the Pittsburgh, Pa., Agency, at the rate of Twenty _____ Dollars and _____ Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th _____ of Sept. 1837 to the 4 th March, 1838.
Respectfully, yours,
Edward E. Parris Comptroller.
To the Commissioner of Pensions, Present.