Revolutionary War Pension and Bounty Land Warrant Application File R. 2,260, James Cook, New Jersey

SERVICE
NUMBER
New Jersey
Cook, James
R 2,260
CONTENTS

Declaration of James Cook
DATA No. 654
James Cook specify more than 5 would allow for 8 mo

DECLARATION, IN ORDER TO OBTAIN THE BENEFIT OF THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF NEW-JERSEY, } County of Morris } ss. Morris Co. Chas. Special term, August, 1832.
On this fourth  fourth  day of  day of  August  August  A.D. 1832  A.D. 1832 personally appeared, in open court, before the Judges of the Superior Court of Common Pleas of the County of Morris now sitting at Morristown — James Cook — a resident of Morris Township — in the County of Morris and State of New-Jersey, aged Twenty two — 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 7, 1832.
That he entered the service of the United States, under the following named Officers, and served as herein stated:
Deponent was born the 25 th day of March A.D. 1760 and had a record of his age in a large family Bible when other records of the same family are lost. He resided at Hanover when he was born in this county for twenty years and from there he removed to the Township of Morris where he resided for two half years and from there he removed to the Township of Randolph at which place he resided forty years, and from there he again returned into the Township of Morris where he now resides. While in said Township of Hanover he volunteered as a private soldier in the Revolutionary War, in the Malitia of New-Jersey & in the Morris County Brigade. Was on a tour of duty under Capt. ObadiahITCHER. He was also on a tour of duty at Springfield, in the County of Essex, and was in an engagement there, at the time the place was burned by the British, does not recollect any of the officers that were there at that time, except Gen. Heards and Col. Hathaway, thinks Capt.ITCHER was there. He was also on a tour at Hackensack in the County of Bergen in this State under Gen. Wind, when the British was out plundering. And was also on a tour under Col. Seely and the  Lyon's Farm in the neighborhood of Stratford  Stratford . He was also out on a tour & was appointed & served as Quarter Master in Col. Seely's Regiment, at the time the Regiment lay in Morris County. He is now old and infirm and his memory very much impaired, & cannot now recollect every particular time he was called out on duty, nor many of the officers under whom he served. But verily believes he served

More than one year altogether - deponent went at all times when called upon during the War and staid until duly discharged. He cannot more particularly state the rank or names of the officers with whom he served, nor more particularly the mode nor the time when he entered & left the service. He received a honorable discharge.
He has no documentary evidence, and knows of no person whose testimony he can procure, who can testify to his service, further than is contained in the annexed affidavits of the persons who resided in his neighborhood who can testify as to his character for truth and veracity and belief of his services as a soldier of the Revolution. He would refer to the Hon. Lewis Condict, Stephen Vail Esq., Edward Condict Esq., James Wood Esq., Israel Benfield and others in Morris County.
He was born at Hanover, Morris County N. Jersey on the 25 th March 1760, according to the family record, a copy of which is in his possession.
He was living with his father in Hanover when he first entered the service of his country, & now lives in Morris town, where he has lived about three or four years, having formerly lived in Randolph township. He never rec d . a discharge or a Commission whilst in service. He performed his services under the command of General Wintle , General Brant, Col. Frelinghuysen & Col. Sylvanus Stryker.
Repetition.

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 the Agency of any State, is only on that of the Agency of the State of New Jersey.
Sworn to, and subscribed, the day and year aforesaid.
William Britton
James Cook
We Lewis Conditt & Israel Canfield residing in the 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 two 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 day and year aforesaid.
William Britton
Israel Canfield
Lewis Conditt
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 Israel Canfield & Lewis Conditt
who have signed the preceding certificate, are resident in the Township of Morris in the County aforesaid, and that who has also signed the same is a resident in the and are credible persons, and that their statement is entitled to credit.
William Britton
Stephen Dail
I David Day Clerk of the Court of Common Pleas, 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 hand and seal of office, this Seventh day of August in the year of our lord one thousand eight hundred and thirty two.
David Day
I have been personally acquainted with James Cook, the above Declarant for 30 years & more, & can bear testimony that I believe him to be a man of truth & integrity, & that I have entire confidence in his having been a soldier of the revolution, as stated in his declaration.
Morris town, N.J. August 7th. 1832.
Lewis Conditt one of Representatives from N. Jersey.

Morris Com. Pleas, State of New Jersey.
Before the Judges of said Court, personally appear in open Court, on this 9 th day of Sept r . 1834. James Cook of said County, who being first duly sworn according to law, doth on his oath say as follows, viz:
I am the same James Cook, who on the 7 th day of August, 1832, made my Declaration before the Judges of this Court, to obtain the benefit of the act of Congress passed June 7 th 1832, for my Militia services in the war of the revolution; which Declaration has been suspended or rejected by the Commissioners of Pensions, on the ground as I have understood, that only five months of Militia services were specified in said Declaration. — I was not then informed, that each & every tour of duty, must be separately & distinctly set forth — stating the time — place — circumstances — & officers under whose command each tour was performed. — I did however specify & particularise such tours as I could then particularly remember — & which perhaps did not amount to more than 4 or 5 months service. — I well knew however, that those tours did not embrace all my Militia duties & services which I had actually performed; & I stated, that I only believed I had served more than a year — but that my memory was so frail, I could not distinctly specify each separate tour, stating when & where & under what officers each particular tour was performed. The time allotted by the Court for the transaction of business was so brief, & the number of applicants so great, that I had not then the necessary means of refreshing my memory, by conversing with others, nor to make sufficient enquiry, whether or not other testimony could be found from persons, who, if living, had served with me. — Had I then known, that it would be required, that each tour must be specified, I would have endeavoured to obtain further time, & to have made further enquiry, for that purpose. I trust that the Commissioners of Pensions, & Secretary of War, will not now preclude me from an opportunity now , to supply the defects of my former declaration, by further specification & detail of some of those services, then intended to be included in the general expression, that I had "served more than a year". This I hope to be able to do, by recalling to mind & reflecting often as I have already done upon the times of the war, & by the conversations I have had with those who were actively concerned with me in performing those duties & services. — I hope to be able also, to obtain from some credible witnesses, proof of some of those services, for which I claim a pension. — My memory is more confused as to dates & names , than as to facts . I will state no facts , which are not strongly fixed in my mind & endeavour to ascertain the dates by the best means in my power.
I lived in Hanover township, Morris County, with my father, Colonel Ellis Cook, when the war of the revolution began. — Captain Obediah Kitchel commanded the Militia company to which I belonged, & Col. Cook, my father, commanded the Regiment, of which Capt. Kitchel's company formed part of our battalion.
My first tour of Militia duty was under command of Capt. Kitchel, in warm weather — the precise month I cannot tell — but, I believe it was soon after the battle of Long Island. The Tories & Refugees often came & plundered the inhabitants of Newark & Elizabeth town; & Bergen Point & Staten Island were their places of rendezvous, which places were then in possession of the enemy. Militia guards were kept up along the shores & landings, to prevent their depredations. I was stationed with Capt. Kitchel as forming part of this line of guards, for one month at Elizabeth town point, with other portions of Militia of Morris & Essex Counties, under Col. Cook & Col. Thomas, & Genl. Howe. I acted as a volunteer this month. —

Early in the fall following, whilst farmers were scaring wheat, I again volunteered my services under Capt. Kitchel. We were marched from Hanover to Newark, where we were stationed 3 weeks, performing guard duty under the orders of Major Hays. From there we were marched to Bergen & Communipaw near New York, which was then held by the enemy. The Tories were very much annoyed by the Tories from Staten Island & some parts of Bergen. Genl. Washington was driven by the enemy from the White Plains & Fort Washington, & finally he crossed the North river whilst we were out on this tour. Almost all the Militia from the neighboring County was out & upon active duty. After remaining some time in the neighborhood of Communipaw & Bergen town, we retreated back to Newark, where we joined Genl. Washington's army, & marched in his rear as far as New Brunswick. We then returned homeward by way of Boundbrook & Barichtown, & did not reach home till cold winter weather. Colonel Cook & Colonel Decker had command of the Morris Militia, & I believe General Hand was also with us on the retreat to N. Brunswick. I was out on this occasion from the middle of September, till some time in the first part of December, making a tour of at least two & a half months. Our expectation when I volunteered, was to be absent a month or six weeks, but the whole County below Newark mountain was in such a state of alarm, & so overrun by the enemy & by refugees & Tories, that every man & boy, able to carry a musket, was under arms. In a few days after our return home, an alarm was made by a large party of Hessians or Watterloo coming up from Eliz th town & through Connecticut farms to Springfield. - I volunteered again with Capt. Kitchel, & we marched to Springfield, where a hard battle was fought. Genl. Hand & Genl. Williamson I believe were both present. - Col. Decker & Col. Ford & Major Bott also. A number of Hessians were made prisoners & sent to Morristown. We remained at Springfield & near there, for three weeks, & then Capt. Kitchel was ordered with his company to Cook's bridge on the Raritan river where we were stationed on guard duty, on the Eper side of the river, for three weeks longer, when we were relieved & dismissed verbally, & went home. - The whole of this tour, was performed in stead of winter, & we suffered much from cold. Capt. Hathaway, afterward Colonel Hathaway, was at Springfield, & was dangerously wounded in an attempt to take by surprise, a picket guard of the enemy, at night, stationed near the mansion house of Governor Livingston toward Eliz th town. -
Early in the following spring, our company was ordered to Quibble town, where there was a large Militia force assembled, to keep in check & to watch the movements of the enemy there in Amboy & New Brunswick. I marched from Hanover with Capt. Kitchel, through Springfield, & to Van Mulinens under the mountain not far from Quibble town. Genl. Windes had command of this Militia force, & Col. Luce & Colonel Starke, I believe were there also. - It was in the muddy season of spring weather. We left home about the last week of March, & were verbally dismissed & reached home when farmers were planting corn & potatoes, about the 20 th of May, having been about on duty between 6 & 7 weeks.
In the following summer, I served one month under Capt. Kitchel at Elizabet town point, to protect the inhabitants against plundering parties of Tories & refugees from Staten Island. It was in the season of cutting grass, & I believe Col. Thomas had command. In the fall season of the same year, I performed a month's duty under Captain David Bates of Hanover. We were stationed part of the time at Aquackanonk & along the Raritan river, & part of the time we were near Hackensack. - We were commanded I think, by Genl. Windes. - Before the Monmouth battle a few weeks, I performed a month's duty under Capt. Kitchel, at Eliz th town, guarding the lines & protecting the citizens. - I think I had been at home not more than a week or ten days, before we heard the news of that battle. Colonel Thomas or Col. Jaques had command. The last two or three tours I was ordered out by our company officers, & in the preceding tours I was a volunteer.
I served one month of Militia duty under Capt. Phinehas Ferrand of Hanover, guarding the lines & citizens, at Elizabet town & the points of landing below the town, & I believe it was in the fall season when apples were ripe.

Sometime toward the close of the war, when the Pennsylvania Line revolted, I was ordered on Militia duty under Capt. Kitchel or Capt. Farrand. We were marched to North-hill, & quartered at one Captain Lardner's or Lardner's, & in the neighbourhood of Chatham, till the month expired, when we were discharged.
When the enemy came out in large force under some Hessian General, (Knyphausen I believe,) & burnt Connecticut farms, & soon afterward Springfield, & the churches, I was ordered out on duty, & I believe Capt. Kitchel commanded the company. I was in that battle at Springfield, & at the farms also. Our company was not far from Col. Angel's regiment & near the bridge. General Heald - General Wind, Col. Dayton, & Col. Seely were all present. After the battle of Springfield, we remained stationed there & at Vauxhall for some days, when we were marched to Lewis farms, North of Eliz t . town. - There was a scarcity of provisions whilst there, & I went out with a party & obtained plenty from among the farmers & returned. Early apples were beginning to be fit to eat, & we found some in the gardens near by. We were engaged on this tour, not less than 5 or 6 weeks, before we were discharged & went home.
Sometime toward the close of the war, Colonel Seely with his regiment & a body of Militia, attached to his command, as I then believed, was encamped or located at Morris town, near B. Glendy's & Judge Ford's for how long a period I know not. I was appointed an Assistant or Deputy Quartermaster, or Deputy Commissary - the precise title or rank, I am now unable to declare with certainty. But according to the best of my remembrance & belief, a gentleman whose name was Blair, & called Colonel Blair, or perhaps Major Blair was the Chief, or Principal of the office in which I was engaged as a Deputy or Assistant. My employment was to issue rations & such Military stores as were provided by the public for this force under command of Col. Seely, & as were kept in the public stores for their use. This duty of an Assistant or Deputy, I continued to discharge for some time, but how long, I cannot now say with any certainty, but I firmly believe I was so engaged not less than two months & probably for a longer time. - It was in the summer season - or at least in warm weather - but the year, I cannot now tell.
I believe I stated in my first Declaration, that I had served my Country in the war of the revolution at least 12 months, & I believed for a longer time. If I mistake not, my witnesses Cooper & Young, both stated that they believed they had known me in actual service at other times, & upon other occasions, which they could not then particularise. - Cooper died more than a year since & I have lost the benefit of any further details by him, if his recollection would have permitted. I have lately found five other comrades, viz: Israel Lee, & Williams Ball, who, as well as Young, remember me on several occasions not before stated. Benjamin Conditt, also recollects my service whilst acting as Deputy or Assistant Q t . Master or Commissary. - My appointment to that station & duty was a regular one, from the proper office or officers having the power, & I was recognized & known as such Deputy or Assistant, by all who composed Col. Seely's force. - The narration which I have attempted to give of my services, may be in many instances incorrect as to dates, & names of some officers & of some places, as well as in regard to the order of time. I have however given the events, & stated my services, according to the best of my remembrance & belief, well knowing & believing, as I formally declared, that, I have faithfully & honestly served my Country more than twelve months as a Militia man, exclusive of my services when performing the duties of an Assistant or Deputy Q t . Master to Col. Seely's Detachment, - & for all which services, I conscientiously believe myself entitled to a pension from my government. - I know of no witnesses living, who were associated with me in my Revolutionary services, except those whose testimony accompanies this explanatory Declaration.

I am confident, that I performed Militia duty in the war, in each & every year, from the beginning thereof to its close, - & for several months in each year. - To my mind however, long infested by various infirmities - many of these bye gone events, seem like dreams. - Their particulars & minute details are lost to my memory, & I will not attempt to relate any others. - In all the terms which I have stated, my services were faithfully & unremittingly performed, was never absent from duty, unless by permission from my superior officer - always acting in obedience to the orders of my commander, & not engaged or employed in any civil pursuit. I never recd. any commission, nor any written discharge.
Sworn & subscribed in open Court, on the day & year first mentioned, before me, the presiding judge.
Stephen Dail
James Cook
I, Joseph Dalrimple, Clerk of the Court of Common Pleas in & for the County of Morris, in the State of New Jersey, do hereby certify, that the foregoing are the original proceedings in the matter of James Cook, in a Supplementary Declaration of his Militia services, in order to obtain a pension from the U. States, under the Act of Congress of June 7 th 1832.
In testimony whereof, I hereunto subscribe my name, & affix the seal of the Court, this 9 th day of September, 1834.
And I also hereby certify, that Charles Freeman Esq. & Nathaniel Corwin Esq. before whom the several depositions of Williams Ball, Robert Young, Israel Lee, & Benjamin Conditt Esq. were taken, (which depositions are hereunto annexed) are justices of the peace in this County, duly commissioned & authorized, & that their signatures affixed to said depositions, are genuine. By order of the Court.
Joseph Dalrimple Clerk

James Cook R die p 4154
New Jersey
Mar 7 Jan. 33
Obj: 5.14.16
Non L. bond
Rejected
can specify but 5 months service
28 Lacy 1883
P 198.
Σ

BRIEF in the case of  Jamies Cook of Morris  County of Morris in the State of New Jersey  (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? 72 
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.     In 17 "Writely believe that he served more than one year altogether" As a Private & part of the time Dr Master Gen. Capt. Mitchell Col. Frisinghuyser & Healy Genl. Brims & Hays  
 5. In what battles was he engaged? Springfield  6. Where did he reside when he entered the service? Morris County New Jersey  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living & Documentary  8. Are the papers defective as to form or authentication? and if so, in what respect? Defective Periods of Service not stated, his Rank not given as required. Papers not properly attached. 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Jamies Cook Examining Clerk.

January 8, 1926
Mrs. Mignonette M. Riker The Homestead Flanders, New Jersey
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim R. 2260 it appears that James Cook, the son of Ellis Cook, was born March 25, 1760 in Hanover, Morris County, New Jersey.
He applied for pension August 7, 1832, while a resident of Morris Township, Morris County, New Jersey, and stated that while living with his father Colonel Ellis Cook, in said Hanover, he enlisted soon after the battle of Long Island and served in short tours whenever called upon, as a private under Captains Obadiah Kitchel, David Bates, and Phinehas Farrand, and Colonels Ellis Cook (his father), Jacques, Thomas and Frelinghuysen in the New Jersey Militia, was in the battle of Springfield, and near the close of the Revolution was appointed Deputy Commissary of Issues under Colonel Sylvanus Seeley and served two months.
His claim was not allowed as he failed to furnish specific proof of six months service as required by the pension Open by Microfilm

laws.
He died in March 1836 in Morristown, New Jersey, leaving a widow Susan, her maiden name not given.
He had children living in 1834 but their names are not stated.
He was referred to as "Colonel James Cook" no explanation of that rank given.
Respectfully,
WINFIELD SCOTT Commissioner.

July 8/47 Respg Care of wid, of James Cook, decd.
E. J. Edwards Esq.
Commissioner of Pension
Washington
D.C.

New York July 6th 1847.
Sir
I have received your letter of the 3 d inst in the case of James Cook dec d by which I am informed that he did not claim for any service under Captain Baldwin, but set forth two terms of one month each under Captain Kitchel, and that his widow cannot receive the benefit of any service found credited to his name on the rolls of Captain Baldwin, and should it be shown that he was upon the enrolment of Captain Kitchel's Command, his services in that Company as specified by himself which cannot now be controverted, would not be sufficient to bring his claim within the Act of June the 7 th 1832. By which I understand that if his name is found on Capt. Kitchel's enrolment, it will be regarded as sufficient evidence of his two alleged terms of service in that Company. If that is the case it must be regarded as coming with equal force in support of all of his alleged Military service without any regard to the names of the Captains, as the Militia of this State was divided into classes and served in rotation by classes, as often as it came its turn, and under which regulation, he would have been required to perform as much service under any other Captain as he would under the one within who but he resided, and on whose enrolment he was bound. The Captain also served by turns, all of which I doubt not the Office will understand and I respectfully submit the questions above suggested to the Department for a further decision on the case. Captain Baldwin's Company of 3 months men in 1781 "in which Company served a soldier by the same name." Composed one of the Companies of Col. Seely's Regiment and that service was rendered with the the Continental Army at Second River, and Dobbs Ferry, and if his declaration afford a statement that would identify him with such service, it would be unfair to withhold it, as he may have misapprehended or forgotten the name of his Captain.
I am very respectfully Your obedt Servt.
C. A. Lay "D."
J. Edwards Esq r Commissioner of Pensions.

C. A. Day Aug 16. 47

Pension Office August 14 1847
Sir
In answer to your letter of the 15 th ult o I have to inform you that the Children of James Cook do have no claim in their own right: it is their fathers Claims set up by himself in his lifetime. He Must have possessed a better knowledge of his services than my children  they can at this time have. Cook, set forth no service under Capt Baldwin, and it is wholly useless to attempt to appropriate to the use of his Children the service from a Credit due to his name under that Officer.
C. A. Lay Esq New York

New York June 26. 1847,
Sir,
In relation to the Case of James Cook deceased late of Morris Town New Jersey I would respectfully refer the Dept to the Copy of the enrolment of the Militia in May 1778. (which was made from the original in my possession when I was last in Washington. His name will be found in Col. Kitchel's Company of said enrolment. I also have documentary evidence of his being a private in Capt. Baldwin's Company in 1781 in the three months Service. It is desirable to know if such evidence will be regarded as sufficient to allow a pension one.
I am very respectfully Your obed Servt & W. A. Gay
H. L. Edwards Esq. Commissioner of Pensions

Rev Loney James Cook dec d rejected
28 July 1833 to London
16 Dec 1834 to
Wm. Dickenson Let to H. J. Mann Trenton, N.J. Mar 7 1836 to C. A. Jay July 28 1833 to same July 2 47

COPY
War Dept. Pension Office January 28, 1833
Sir:
The claim of James Cook is rejected. He swears positively that he can specify but five months service, it is therefore impossible to grant him a pension.
Honorable Lewis Conduit Ho. Rept.
(Copy by MMNF. Jan. 8- 1926)

W. A. Hays
July 21. '47

Sir
Yours off July 21 47
166
In the case of James Cook (examined & re-examined in his life time & the rejection of his claim justified to Hon. S. Lordick - Hon. Mahlon Dickerson & J.B. Munroe) you undertook to new  afford a claim is  after after his death for a term of service longer than any one which he was able to set forth & under an officer not named by him. This is done upon no other ground than the coincidence of his name (a very common one) with a militia man who is borne on the records for that term. It will  can not be allowed upon the forgoing facts - and any argument upon such a case is unavailing.
C. H. May Esq New York

Feb 29 J. Cook N. J.
Cop. papers
2 parcels given to B. B. French
L. Edwards Esq. Commissioner of Pensions War Department Washington.
FREE

Morris town, Febr. 25 th 1836.
Dear Sir,
I acknowledged yesterday, the rec d . of authenticated copies of the papers of Sam l . Saffin, in your office, & have forwarded them to our Legislature, who have in some cases granted relief for Revolutionary services, disallowed at the War Department. — I am desired by the family of James Cook, to ask of you the favor to return me his papers, or copies duly authenticated, for the same purpose. — Some of the members from this County, have some knowledge of facts connected with his services, which, together with his former good standing & character, will, as I think, enable him to obtain some relief, which he greatly needs.
The sooner the vouchers can be had, the better, as the session will probably close, before long. And to avoid any delay, I will ask the further favor of you, to enclose & address them as below, to Doct r Munn, who is of the Legislature Council, from this County, by which means, they will be in his possession 2 or 3 days earlier, than if addressed to me, at this place.
With much respect & esteem,
Your ob l . serv t . & Friend,
Lewis Condick.
P. S. There are probably many of the name of Cook, & Bishop, James Cook. This man is of Morris Co. & his last Supplemental Declaration was handed to your office by Secretary Dickerson, at my request in 1834, or 35. — L. C.
* Hon ble J. B. Munn
In Legislature Council Trenton.
N. Sursy.

Good Day July 3 '17

36 Pension Office July 31, 1847
Sir
In answer to your letter of the 21 st ulto I have to inform you that James Cook did not claim for any service under Capt Baldwin, and that he received two tons only of one month's pay under Capt Ketchell. His name  name cannot receive the benefit of any service found credited to his name on the rolls of Capt Baldwin, and should it be shown that he was, upon the enlistment of Capt Ketchell, commanded his services therein in that Company, as specified by himself, which cannot now be controverted, would not be sufficient to bring his claim within the act of 7 June 1832.
C. A. Lay Esq N. York

Hm. J. B. Munn
Mar 7. 1836
66
N. J. case
Rec d Vol 13 page 71

Nav Dept
Pension Office
Mar 7. 1836
Sir,
In compliance with the request contained in a letter from the Hon. Lewis Condick, I enclose herewith Certified Copies of the papers in the case of James Cook. I am &c.
Hon. J. B. Mann, In Legislature Council Trenton N.J.

C. A. Lay
July 28 1843

Sir
Jun 18 July
No 3
In answer to your enquiry respecting the case of James Cook deceased of Morristown N.J. I would inform you that he applied in 1832 and was unable to specify or set forth as much as 6 mos and his claim was consequently rejected. It is not competent for his widow to controvert in any respect his narrative of his service on oath
C. A. Layton New York

March
P.B.
Jan 15 th 1877
Si
in support of the claim of James Fox The paper additional papers transmitted with the note of Dr Conduit copy which is herewith returned, have been examined in connection with his former statement of proof. set forth with same in full.
p
In his former declaration he specified about about five months service - of which he proved two months by Robert Young who stated that he believed the claimant was out at other times but had no knowledge of the fact, and was only present by John Cook for over a month who states his belief that the claimant served more, but had no personal knowledge of any other service.
Upon this declaration and proof the claim was as doubt correctly rejected. It now comes up upon the new statement of the claimant setting forth in detail 12 months & 3 weeks service as private and two months as deputy quarter master or deputy commissary, this statement is supported by a further affi- davit of Robert Young made more than two years after the former one in which he states his knowledge of three months service by the claimant and his recollection of seeing him in service at other times; by an affidavit of William Hall who states that he

knew him in service three times - Israel Lee who states his knowledge of his service on two occasions, and of Perry Conrad who believes the claimant was connected with the body of militia at Morristown in some office in the staff appearing to have something to do with stores, supplies, rations &c
This detail has been given that the clear- er the claim might be perceived as well as the dangers consequences of admitting the accuracy  correctness of after recollections without more  some definite established proof; unless it shall  that can be made in such a manner that to shall clearly appear that the claimant actually served in the field & garrison six months or more the decision by which this claim was rejected cannot be reversed. The papers remain on file
Gen. Mahlon Dickerson Under 1874
Ms. A. 9. 2. 20. v. 10. p. 10
Gen. M. Dickerson Fitz John Porter

June 12 43
Rev. Cook N Jersey Pa & South
Commonwealth of Maryland
St. Elizabeth's Church
Washington
D.C.

New York June 9 th 1843
Sir
M rs Susan Cook, widow of James Cook, deceased, respectfully desires, that you will inform me, whether or not her said husband's claim for a pension, was allowed, he was a resident of Morristown New Jersey, at the time he made his application, and died there in March 1836. Judge Leonard of that place was his Attorney. She respectfully desires that if his claim was allowed that you will inform me, when it was allowed, and how much per annum, he was entitled to receive, and to whom his pension was payed, as she, nor her husband, has not received one cent of any pension, whatever.
I am very respectfully Your Ob t Serv t C. A. Lay
J. L. Edwards Esq r Comm ee of Pensions }

affidavits of Robert Springs & John Locken for -- James Lock --

Morrissey Morrison County, N.H. Be it remembered that on the first day of August in the year of our Lord one thousand eight hundred & thirty two before the Superior Court of Common Pleas in & for the County of Morris personally appeared John Cooper of Chester in the County of Morris who being duly sworn according to law on his oath saith that he is acquainted with John Jones, lock of Morristown in said County was acquainted with him before the Revolutionary war deponent was not with him in that war at Springfield in the County of Essex deponent tho' served as a private at that time deponent thinks they were not on that town three or four weeks — deponent has no personal knowledge of the particular services of the said John Jones during that war but believes he did frequently serve as a militiaman in the Revolutionary service & further deponent saith not —
John Cooper
Sworn & subscribed in open court this day of your above entitled
William Pritch
John Cooper the above deponent is personally well known to me, as a man of truth & of good reputation.
Jan. 19th 1833.
Lewis Condit one of the Refs. from N. Jersey.

New Jersey Morris County } ss; Be it remembered that on the first day of August in the year of our Lord one thousand eight hundred thirty two before the Superior Court of Common Pleas in & for the County of Morris heretofore of the County of Robert Young of Randolph township in said County who being duly sworn according to law on his oath saith he was acquainted with Col. James Cook of Morristown in said County before the revolutionary war & has been since deponent knows that the said Col Cook was out two times of service during the revolutionary war in the militia of this State deponent was with him on one tour of service to Hightstown of a month - & on another tour of service at Connecticut for a period of a month & about there - believes he was out at other times but don't know it - & further deponent saith not
Sworn & Subscribed in open Court this day & year above written Stephen Vail " "
Robert Young
The above Deponent, Robert Young, is entitled to belief, as a man of truth.
Lewis Condict, one of the Refs. from New Jersey.
Jan. 19th 1833

July 26 47
resp James Cook
H. J. Hartwell Commiss'ry of Pensions Washington D.C.

New York July 23 1847.
Sir,
I have received your letter of the 21 st inst in the Case of Sam Cook deceased, and notwithstanding your remark that "any argument upon such a case is unavailing" I regard it as a duty to one the parties interested who have employed me to suggest to the Department the ground upon which I think the Department would be justified in allowing this claim.
It is admitted that his name on the enrollment of that County is sufficient to establish his two tours in Capt. Detotals Company, and I respectfully maintain that it must apply with equal force to all of his alleged Militia service, including the service credited to his name in Captain Bolwins Company which must have been him, as he is the only Militiaman of that name enrolled in that whole County as the Department will see by reference to said enrollment, referred to in your former letter; and however feasible the grounds may have been, upon which the Dept. justified the rejection of this claim to his former "Hon. Attorney" before this high grade of Documentary proof was discovered, it cannot I think be now regarded as any ground of objection I am very respectfully Your obedt servant C. A. Lay P.P.
J. L. Edwards Esq r
Court of Pensions
N.B. The Legislature of New Jersey admitted the meritorious character of the said John Cook, service by placing his widow on the Roll of Pensioners of that State

New York July 23 1847.
Sir,
I have received your letter of the 21 st inst in the Case of James Cook deceased, and notwithstanding your remarks that "any argument upon such a Case is unavailing" I regard it as a duty, I owe the parties interested who have employed me to suggest to the Department the ground upon which I think the Department would be justified in allowing this claim.
It is admitted that his name as the enrollment of that County is sufficient to establish his two tours in Capt. Detcheles Company, and I respectfully maintain that it must apply with equal force to all of his alleged Militia service, including the service credited to his name in Captain Robins Company, which must have been him, as he is the only Militiaman of that name enrolled in that whole County as the Department will see by reference to said enrollment, referred to in your former letter; and however feasible the grounds may have been, upon which the Dept. justified the rejection of this claim to his former "Hon. Attorney" before this high grade of Documentary proof was discovered, it cannot & think be now regarded as any ground of objection
I am very respectfully Your obed t servant C. A. Lay P. P.
J. L. Edwards Esq r
Court of Pensions
N.B. The Legislature of New Jersey admitted the meritorious character of the said John Cook, service by placing his widow on the Roll of Pensioners of that State

1926. Jan. 8 - Hist. to Mrs. Mignonette M. Piker. MMVS
2260
P. O. _____
James Cook
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Printed list of 1852 gives as cause of rejection = Logos: _____
"He did not serve six months:"
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized. _____
Contract
Cert. of Dis. Searched for _____
, 18

The Homestead Flanders, N. J. Nov. 13 th 1925.
Commissioner of Pensions Washington, D. C.
Dear Sir:
Upon looking over the New Jersey Roll of Officers and men in the Revolutionary War, I found the name of James Cook, my great, great grandfather. He was the son of Col. Elias Cook of Revolutionary fame. However, James was born March 25 th 1760, and lived at Hanover, Morris Co. N. J.; and died March 25 th 1836- at Succasunna, N. J. I am most anxious to know whether he drew a pension - & if his wife is mentioned

Class #21 Capt. Kitchello Co on the records, I was a member of of the New Jersey Commission which met on May 7 th 1778, and proceeded to class certain Companies of N. J. Militia. You may notice from that date he was only a Pad of Eighteen. I have heard he was a wagoner, but dur- ing the war of 1812 he was Colonel - however, I wish to obtain in- formation in regard to whether he rendered any service for his Country during the Revolution.
I am a charter member of the Deacon Fire Chapter of the D.S.W.

of Summit N. J. and wish to complete my Cook application -
Thanking you for any help which will be greatly appreciated
I am
Very truly
(Mrs.) Edgionette Marvin Pike

State of New Jersey Morris County.
Explanatory Declaration of
James Cook.
Sept. 9 th 1834
Hon. M. Dickerson Present.
Petition to Lewis Bond Morris town, N. Jersey

I hereby certify to the Honbl. Secretary of War, & to the Commission of Pensions, that I have been personally, well acquainted with James Cook, the within Applicant, for more than 30 years past. He was for many years, a man of property, & much respected & esteemed by all his neighbours & acquaintance. In later life, he has become very poor & is now entirely supported by the labor of his wife, & some little aid from his children. — For some years, he was intemperate, & from this cause his memory failed him. Within the last year, he has become much more abstemious & temperate, & his mind is much improved. I have visited him & known him as his Physician, & I vividly believe, that his recollection of his services, & of the events of the Revolutionary war, was much more accurate when his supplemental Declaration was made, than it was when his original statement was taken. — From a long & intimate acquaintance with him, I know him to be actuated by as strong a regard for truth , & the solemnity of an oath, as any one who is known to me.
Morris town, N. J. Sept. 29 th 1834.
Lewis Condict formerly a Member of the House of Reps. from N. J.

State of N. Jersey Morris County
Before the subscriber, a justice of peace in said County, personally appears Williams Ball of Hanover in said County, well known to me as a man of truth & unblemished character, & having been first duly sworn, on his oath saith as follows, viz: - I was a soldier in the war of the revolution & performed much service in said war, & was then well acquainted with James Cook then of Hanover, & now an applicant for a pension. We performed several tours of Militia duty together, under Capt. Obadiah Kitchell at Elizabeth town performing guard duty, stationed at Doctor Ball's house, near the dwelling house of Col. Dayton, in the season when apples were good to eat probably in September & October, probably in the year 78, or perhaps 79. I knew him again when the Pennsylvania Line revolted under Capt. Kitchell, & again on a monthly tour stationed at Boathill in Morris County. I also recollect him on Militia duty under command of Capt. Shimeon Farnam at Elizabeth town, under command of Capt. Shimeon Farnam - My recollection of dates is poor, & I cannot rely altogether upon my memory for its accuracy, but I have stated them according to the best of my remembrance.
Sworn & subscribed before me, September 4 th 1834
Charles Freeman J.P.
Williams Ball
State of N. Jersey Morris County
Before the subscriber, a justice of peace in & for said County, personally appears Robert Young of said County, an aged & respectable man, well known to me personally as a man of truth, & a pensioner for revolutionary services, & being first duly sworn doth on his oath declare as follows viz: - I am the same Robert Young, who made an affidavit of some personal services of James Cook, about a year ago, when he applied before the Morris Court to make Declaration of his Militia services to obtain a pension under the act of Congress of June 7 th 1832. - I could at that time, in the hurry of Court business, have only little time to reflect, & believe I could not then recall to remembrance but a few instances in which I had seen said Cook serving as a Militia man in the war. And I do not now know what tours of duty I was then able to remember & state. I have since then conversed with Cook respecting our services, & will now particularize all as far as memory will permit, some of which probably may be the same as stated in my first deposition. - I served with Cook, one monthly tour near Hackensack in Bergen County, & one month near Aquackunock bridge & Belleville, along second river in Essex Co. There was considerable skirmishing with the enemy & the Tories along the lines in this quarter. Genl. Winder, & Col. Seely & Col. Hotham I think were all present, & Cook belonged, as I believe, either to Capt. Kitchell, or Capt. Bates company. - We have served together also at Elizabeth town, & at the landing opposite Staten Island below the town, two different monthly tours, in different seasons - but both in warm weather - the month, nor year I cannot tell. I think Capt. Kitchell commanded him - we were guarding the lines. - I saw him on Militia duty once, between Rahway & Woodbridge, near the Blazing Star ferry, under Col. Seely - & I also recollect him at Connecticut Farms & Springfield, on Militia duty, in warm weather, late in the war, when the churches & villages at those places were burnt by the enemy. - I also remember that Cook was connected with Col. Seely's regiment in the Staff, when it was quartered at Morris town, late in the war. I do not know, what was his rank or title, but I understood he was either belonging to the Commissary or Quarters Master's line, as Assistant or Deputy in furnishing & issuing rations & providing stores. I often saw him in this service, stationed near where the bridge now stands, & where New Jersey Sandly then lived. - Living myself when at home above Morris town, I often passed the place when I saw & recognized Cook engaged in this service. - My memory as to dates of years or months, is not reliable, & I cannot specify them. - I remember Cook on duty near Elizabeth town
Sworn & subscribed before me at Morris town, Sept. 10 1834. Stationed at Van Munching's.
Charles Freeman J.P.
Robert Young

(Upon Official business)
Geo. W. Kernan Esq D Chief Clerk of the Pension Office Washington D.C.

New York August, 16. 1847.
Dear Sir,
I received your action on the case of Mrs. Anne Ratan over the signature of the Commr d of Pensions, and I have some time ago mailed the required Certificate of the Court to the Commissioner. You would do me a great favor by ordering the Certificate in her case made out. We think you may have overlooked the fact that for 9 months of the service which you admit in her case her husband was a light horseman with the pay of four Shillings per diem, when it seems you made the estimate for that service at the rate of a private of Infantry. I don't make these remarks as objections to your action on the case, but merely suggest them to you as we think you may have overlooked them.
I notice what you say in relation to the case of Mrs. Phebe Chester, and I would say that Mrs. Chester was fully aware of the fact that she contradicted her son in his statement of her age, and also that she corrected his record of her age. You will see that she declares that he is not so old by one year as he says that he believes he is, and she relies on the Muster Rolls to establish the truth of her assertions, and thereby establishes her husband's identity and the date of her marriage to him. We have not the remotest idea as to where any further available proof in her case can be found. As you don't say that she is contradicted by the Rolls, I infer that they have not as yet been examined for the purpose of testing the truth of her statements, and would regard it as a great favor if you would at some convenient opportunity make such examination and report the result to me. There was a report among her children that her case was allowed but I soon shewed them to the contrary.
I would regard it as a great favor if you would review the case of James Cook referred to in the Court's letter to me of the 14th Inst. I think the Department would be justified in allowing a small pension on account of his service. My letter to the Commr d will shew the ground upon which I think the Office would be justified. We shall

New York August, 16. 1847.
Dear Sir,
I received your action on the Case of Mrs. Anne Rutan over the signature of the Comm ss r of Pensions, and I have some time ago mailed the required Certificate of the Court to the Commissioner. You would do me a great favor by ordering the Certificate in her Case made out. We think you may have overlooked the fact that for 9 months of the service which you admit in her Case her husband was a Light horseman with the pay of four Shillings per diem, when it seems you made the estimate for that service at the rate of a private of Infantry. I don't make these remarks as objections to your action on the Case, but merely suggest them to you as we think you may have overlooked them.
I notice what you say in relation to the case of Mrs. Phebe Chester, and I would say that Mr. Vestor was fully aware of the fact that she contradicted her son in his statement of her age, and also that she corrected his record of her age. You will see that she declares that he is not so old by one year as he swears that he believes he is, and she relies on the Muster Rolls to establish the truth of her assertions, and thereby establishes her husband's identity and the date of her marriage to him. We have not the remotest idea as to where any further available proof in her case can be found. As you don't say that she is contradicted by the Rolls, I infer that they have not as yet been examined for the purpose of testing the truth of her statements, and would regard it as a great favor if you would at some convenient opportunity make such examination and report the result to me. There was a report among her children that her case was allowed, but I soon shed that to the contrary.
I would regard it as a great favor if you would review the case of James Cook referred to in the Court's letter to me of the 14th Inst. I think the Department would be justified in allowing a small pension on account of his service. My letter to the Comm ss r will shew the ground upon which I think the Office would be justified. We shall

be satisfied with your decision on the case let it be what it will,
In relation to the case of Mrs. Bridget O'Connell I had supposed her Certificate was in the office I sent it to the Mr. J. L. P. & J. O. Smith for to be handed to you and they wrote me "that the certificate had been ordered to be issued in her case" by which I inferred that they had handed it to you or sent it to the office, They however now say that they have no record of having rec d . it, Under such circumstances I cannot furnish the certificate required and would feel obliged to you if you would inform me what course I should pursue in order to get this case settled.
Grateful for past favors
I remain most respectfully
Your most obedt Servt
C. C. Gay
Geo. W. Greenup Esquire, Washington D.C.

New Jersey Morris County
Before the subscriber, a Justice of peace in & for said County, personally appear Israel Lee, believed by me to be a man of fair character & good standing & fully entitled to belief, & having been duly sworn, saith as follows viz: - I am now in the 75 th year of my age, was a Militia soldier in the war of the revolution, & then resided in Morris- town N. Jersey, an apprentice to John Mills, to learn the trade of a Shoemaker & dresser of Leather. - Before I went to my apprenticeship, I lived with my father in Hanover Township in said County, where I became well acquainted with James Cook, who is about to ask a pension as I am informed, for his revolutionary services. - I saw said James Cook on Militia duty in time of the war, at Springfield. - I was then attached to Capt. Beach's company, under Col. Seely. - We were under some other Company officer, I cannot now tell who. We were stationed together in the same house, a little West of Springfield, near Vaux-hall. - Whilst there, the enemy came up with a considerable force from Staten Island & Eliz th town, & we were ordered down to meet them. We fell in with them near Connecticut farms, where we fought them. They burned the Church & village & retreated to Eliz th town & Staten Island - the Militia hanging on their skirts & annoying them greatly. - James Cook was with us in the fight at Connecticut farms, in which Col. Seely, Major Hays, Genl. Wind, & Genl. Stead bore a part. We had been out on a monthly tour for about 2 weeks before the enemy came to Connecticut farms - upon reflection I believe we must have been together at Springfield as much as 3 weeks before the affair at C. farms, & I found him there when I was stationed there under Capt. Beach. We remained performing guard duty at the farms & at Springfield, till my month expired, & I was dismissed for home, leaving Cook there on duty. - I remember him as being present at the farms when Mr. Caldwell was shot through a window, a circumstance which made a strong & abiding impression on my mind. - Soon after this, when the enemy came out towards Springfield, in the same summer, Cook was there & performing Militia duty again, when I saw & recognized him. It was in the latter period of the war, most probably in 1780.
Sworn & subscribed before me at Morris town, Jan. 17 th 1834
Israel Lee
Charles Freeman J. Pease
State of N. Jersey - Morris County
Before me the subscriber, a Justice of peace in said County, personally appear Benjamin Condit Esq r a respectable citizen of said County, to me well known personally, as a man of truth & fair character, & having been by me duly sworn, saith on oath as follows, viz: - I was a Militia soldier in the war of the revolution - was then acquainted with James Cook, now asking a pension under the law of June 7 th 1832, & have known him well, to the present day. - I do not recollect to have seen said Cook bear arms, as a common Militia man in the revolutionary war. - I was often at Morris town, when the Army was quartered there, & at other times. I well remember toward the close of the war, there was a large body of Militia, & perhaps some enlisted troops with them also, stationed or quartered at Benjamin Linsley's Esq r near the house of George Ford. I saw this embodied corps at this place, frequently - how long they were there, I cannot say - but believe they were there several months. With this body, I often saw said James Cook, who I believe was connected with them as some officer of the staff, either in the Commissary or Quarter Master line, as Assistant or Deputy, appearing to have something to do with the stores & supplies - rations &c. - I do not recollect the Commander of this force with certainty, but have an impression that it was Col. Seely. - Cook was an active, efficient, & capable young man, & was certainly attached to this body in some military character.
Sworn & subscribed before me.
Nathaniel Corwin Justice of the Peace
Benj Condit