Revolutionary War Pension and Bounty Land Warrant Application File S. 44,930, James Horton, Continental (Conn)

SERVICE
NUMBER
continental (conn), Horton, James
8.44.930
CONTENTS

6055 4
New York
James Horton
of Southold in the state of New York who was a Captain in the regiment commanded by Colonel Baldwin of the Corps of Artificers line, for the term of One Year  Continental
Inscribed on the Roll of New York at the rate of 20 Dollars per month, to commence on the 1 st of Apr 1818
Certificate of Pension issued the 30 th of Jan. 1819 and Del d to Hon. Mr. Scudder House of Reps.
  Arrears to 4th of Sep. 1818.  41.00    Semi-ann. all ce ending 4 th mo 1819  48.00     89.00  
see letter to Hon. A. Huntington Feb. 2, 1818.
4 March 1819 { Revolutionary claim, } { Act 18th March, 1818. }
continued - in cont d by deft of War, & - other side.
Notification sent to Col. H. Hovey Esq. in Col. H. of Suffolk Co. June 19 th 1820.
Smith Town
Pension confirmed by Secy of War by Opinion of the Genl. Just to the above E. H. Hovey July 1, 1821

Declaration of James Norton
1 April 1818
Commission, annexed
Service admitted
Judges certificate of indigent circumstan- ces wanting in this case
Certificate added
23 d January 1819 E. W. Clegg
James Norton Esq. Baldwin ne o of Arthurs 1944 to 1780 1 April 1818

James Norton Capt Balances rec d of Artificers 1777 to 1780 1 April 1818
Declaration of James Norton Commissary, annexed Service of Process on behalf of indigent creditors no mailing in the case Certificate added 23 January 1819 E. W. Gao

State of New York Suffolk County
¶ I, Charles H. Havens Clerk of the Court of Common Pleas of the County of Suffolk do hereby certify that the said Court is a Court of record of the State of New York that Elmer W. Case whose name is subscribed to the preceding certificate is a Judge of the said Court that full faith and credit are due to his official acts in that capacity and that the signature to the said certificate is in the proper hand writing of the said Judge — In testimony whereof I have subscribed my name to these presents and affixed the seal of the said Court the twenty sixth day of May in the year one thousand eight hundred and eighteen
Chas H Havens

State of New York County of Suffolk
Be it remembered that on the first day of April in the year of our Lord one thousand eight hundred and eighteen personally appeared before me Ebenezer Wase one of the Judges of the Court of Common Pleas and General Sessions of the peace in and for said County of Suffolk and State of New York, James Horton of Southold by occupation a Blacksmith a person well known to me, who saith on his oath that he is in the sixty first year of his age; that on the first day of August, One thousand seven hundred and seventy seven he enlisted in the Corps of Artificers, raised by Elisha Painter (agreeable to the order of Congress) to serve during the war - and on the first day of the December following was annexed to the company of Smiths, commanded by Stephen Osborn and that on the Twelfth day of November in the year of our Lord One thousand seven hundred and seventy nine he was appointed a Captain in the regiment of Artificers commanded by Colonel Baldwin in the army of the United States, and that he resigned said office on the twentieth day of December One thousand seven hundred and eighty, having served Three years, four months and twenty days, during which term of time he served as Captain, One year one month and eight days, as from his commission herunto annexed may more fully appear, And further that no pension has heretofore been allowed him by the United States, that he is in reduced circumstances and prays the assistance of his country for support agreeable to an act of Congress passed March eighteenth One thousand eight hundred and eighteen
Sworn to and declared at Southold the day and year aforesaid
Ebenezer Wase
I Ebenezer Wase one of the Judges of the Court of Common Pleas as aforesaid Do certify that it appears to my satisfaction that the said James Horton did serve in the Revolutionary war as stated in the preceding declaration against the common enemy, and I now transmit the proceedings and testimony taken and had before me to the Secretary of the Department of War pursuant to the aforementioned act of Congress
Ebenezer Wase
I Ebenezer Wase one of the Judges as aforesaid also Do certify that it appears to my satisfaction that the said James Horton is in indigent circumstances and stands in need of the assistance of his country for support
Ebenezer Wase

In the Matter of the Application of James Horton for continuance of Revolutionary Pension
South Old
(1055)
not entitled
$1298.31.
(March 1819)

County of Suffolk ss: on this 30 th day of May 1820 personally appeared in open court being a Court of Record for the said County James Horton aged sixty two years and nine months resident in the town of Southold in said County who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as a Captain in Colonel Baldwin's Regiment of Artificers that he made a Declaration to the War Department on the first day of April 1818 agreeably to the law of the 18 th of March 1818. and that he received a certificate for his pension bearing date the thirtieth day of January 1819. Number 6055 and I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof with intent thereby to diminish it, as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War passed on the 18 th March 1818. and that I have not nor has any person in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed - - And I do further declare that I am a Blacksmith by occupation, that I am infirm and unable to labour - that I have a cancer sore which is distressing and affects me much - that during the winter past I have lost the use of a thumb which can never be restored - That my family consists of four persons besides myself - My wife aged 50 years who is very feeble and is consumptive, that she is not able to labour and is a great part of her time confined to her bed by reason of sickness - that I have one daughter living with me named Mary aged

27 years who is as healthy as common that I have a son named James 23 years - that he is not healthy that he has learnt in part a taylors trade, being too feeble to serve his time out, at that business that he depends upon me for part of his support not being sufficiently healthy to obtain a whole support of himself that I have one other son living with me named Ezra aged 18 years, that he does not enjoy good health but labours for me a part of his time in as much as his constitution will admit. And that I am not able to support myself & family without the aid of Government except by private or public Charity Sworn to & Declared this 30 th day of May 1820 in - James Norton Open Court before the Judge thereof. Per Chas. J. Hauen

A Schedule containing the whole estate and income of James Horton of Southold
  Adwelling house and about eleven acres of Land together with one equal half of a barn $1150. Brought forward $1223.12   A Blacksmith Shop & tools 35. 1 Hoe .60   1 Cow 10. 1 Stub hoe .40   2 Hogs 6. 2 Barrels .75   7 Chairs 2.50 2 pails .50   2 pine board tables 1.50 8 knives & forks .50   1 Tea kettle .50 6 earthen plates .25   2 Iron pots 1.25 5 Milk pans .37   2 Iron kettles 1.00 1 Tea pot .13   1 Old Cupboard .75 8 tea cups & saucers .25   2 common Chest 1.25 2 Iron candlestick .20   1 Old ore horse waggon 12.00 1 pr tongs & shovel .75   1 pitch fork .37 1 pr andirons .50   laze 1.00   carried forward $1223.12 $1228.31 
  Book accounts due to me viz.   Joseph Glover sent $2.48   Joseph Glover Jr 2.25   Davis Glover .68   Benjamin Penny .55   Israel case 1.61   Gilbert Horton Jr 1.00   Ranpela Horton 1.25   Leah Horton .76   Nathaniel Vail 1.25   Samuel Dickerson .25   Samuel Goldsmith 2.50   Benjamin Boscane .51   Joseph Hutchinson .17   Benjamin Coleman .98   Sylvanus Overton .96   Charles Booth .18   $17.38 
  Book accounts against me   Luther Goldsmith $4.00   Paul lean 2.24   Daniel Goldsmith .85   William Wells .41   Bower Applebee 5.25   M rs Juliana Wells 6.56   Joseph Halliack 6.25   Barnabas Horton 2.18   $27.74 
An account of obligations standing against me
  Henry Landon mortgage & note $1,050.   Benjamin Case, Cockhenge Bank note 130.   John Milliams note 33.66   Seth H. Tuthills note 32.10   Matthias Leases note 26.00   $1271.76 
(Signed) James Horton

State of New York County of Suffolk } ss:
I Charles H. Havens.
Clerk of the Court of Common Pleas in and for said County do hereby certify that the foregoing Oath and the Schedule thereto annexed are truly copied from the Record of the said Court, And I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid Schedule without reference to any of the Debts therein mentioned is One thousand two hundred and ninety three dollars and thirty one cents, In Testimony Whereof I have hereunto set my hand and affixed the seal of the said Court On this 30 th day of May 1820
Chas H Havens Clerk

44930 Rev  INVALIDS
File No. 44930
James Boston Captain Rev War
Act: 18 th March 1818
Index:—Vol. 3 , Page 233
[Arrangement of 1870.]

Real Estate in Hopkinton, $1150. Mortgage for $1050, the amount he gave for it, May 4, 1819 - proof within.
Personal Estate $78.31.
Blacksmith by occupation.
63 yrs of age - unable to labor - has a distressing cancer & lost the use of one of his thumbs.
Wife 50 - feeble - 1 Daughter 27 - in good health - 1 Son - 23 - unable to serve his time out as an apprentice to a Tailor, on account of ill health - another Son, 18, in Good health - Captain Horn served one year
Informed Mr. W. that it would be taken up after the 4 th March 1822 -
See letter Mr. Wood, 9 th Mar. 1822
Copy of mortgage made
let to H m B R Wood Jan 23. 1847
Dear Mr. Wood of N.Y.
ad- 18 th March - 1818
New York

Admired John
Mr. Fredwell Sweden
A. Myers

The certificate of indigent circumstances wanting in the case of the enclosed declaration, is supplied, underneath the former certificate of service
E. W. Case
Southold 23 rd January 1819

Affidavit of Samuel Dickenson

State of New York ( ) Suffolk County } On the 20 th day of March 1821 personally appeared before me Joseph Serry one of the Justices of the peace in and for the said County Samuel Dickerson of Southold in said County who being first duly Sworn doth on his oath declare and say that he is well acquainted with the affairs of James Horton and that the mortgage executed by the said James Horton to Henry Sandan bearing date the 4 th of May A D 1819 was given to secure the original purchase money for the premises mentioned in said mortgage and further this deponent saith not
Sam l Dickerson
Sworn before me the 20 th day of March 1821 Joseph Serry Justice

Effluent of Nathaniel Lake

Suffolk County } State of New York }
on the 20 th day of March 1821 personally appeared before me Joseph Terry one of the justices of the peace in and for the said County Matthias Care of Southold in said County who being first duly sworn doth on his oath declare and say that he is well acquainted with the affairs of James Horton and that the Mortgage Executed by the said James Horton To Henry Landon bearing date the 24 th of May A.D. 1819 was given to secure the original purchase money for the premises mentioned in said Mortgage and further this deponent saith not
Matthias Care
Sworn before me the 20 th day of March A.D. 1821 Joseph Terry justice

Affidavit of Joseph Harkness

Suffolk County } State of New York }
On the 20 th day of March 1821 personally appeared before me Joseph Serry one of the justices of the peace in and for the said County Joseph Halliock of Southold in said County who first being duly sworn, doth on his oath declare and say that he is well acquainted with the affairs of James Horton and that the Mortgage executed by the said James Horton to Henry Landon bearing date the 4 th day of May 1819, was given to secure the original purchase money for the premises mentioned in said Mortgage, and further this deponent saith not
Sworn before me the 20 th of March 1821.
Joseph Serry justice
Joseph Halliock

Affidavit of H. L. Moore
[Faint, mirrored bleed-through text from the reverse side of the page]

Suffolk County } State of New York } An the 20 th day of March 1821 personally appeared before me Joseph Serry one of the justices of the Peace in and for said County Hazard L. Moore of Southold in said county who first being duly sworn doth on his oath depose and say that he is well acquainted with the affairs of James Horton and that the Mortgage executed by the said James Horton to Henry Sandon bearing date the 4 th of May A.D. 1819. was given to secure the original purchase money for the premises mentioned in the said Mortgage and further this deponent saith not. Hazard L. Moore Sworn before me the 20 th day of March A.D. 1821. Joseph Serry Justice

Affidavit of Benj m Horton Jr

State of New York Suffolk County
On the 28 th day of March 1821 personally appeared before me Joseph Terry one of the justices of the peace in and for the said County Benjamin Horton of Southold in said County who being first duly sworn doth on his oath depose and say that he is well acquainted with the affairs of James Horton and that the Mortgage Executed by the said James Horton to Henry Landon Baring date the 4 th of May A 1809 was given to secure the original purchase money for the premises mentioned in the said Mortgage and further this deponent saith not
Sworn before me the 20 th day of March A.D.
Benjamin Horton
Joseph Terry Justice

Affidavit of E. M. Louse Esq

State of New York County of Suffolk
On the 20th day of March 1821 personally appeared before me Joseph Ferry one of the Justices of the peace in and for said County Ebenezer Wase of Southold in said County who being first duly sworn doth on his oath declare & say that he was a subscribing witness to a mortgage executed by James Horton to Henry Landon dated the 14th day of May 1819 for the sum of One thousand and fifty Dollars. That the said Ebenezer Wase is well acquainted with the concerns of the said James Horton & according to the best of his knowledge believes that the mortgage executed to Henry Landon was given to secure the original purchase money for the premises mentioned in the said mortgage
Sworn before me this 20th March 1821
Joseph Ferry Justice
Ebenezer Wase

Newburg Dec r 20. 1780. Capt. James Horton within named has this day resigned his office held by virtue of the commission. His res- ignation is accepted. Sim d Pichering Q.M.

THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED
To James Horton Esquire and confidence in your Patriotism, Virtues, Conduct, and Fidelity, DO by these presents constitute and appoint you, to be a Captain in the Regiment of Artillery commanded by Colonel Paterson in the Army of the United States, to take rank as such in said Regiment from the 12 th day of November 1777. You are therefore carefully and diligently to discharge the duty of a Captain by doing and performing all manner of things thereinunto belonging. And we do strictly charge and require all Officers and Soldiers, under your command, to be obedient to your orders, as given. And you are to observe and follow such orders and directions, from time to time, as you shall receive from this, or a future Congress of the United States, or Committee of Congress for that purpose appointed, a Committee of the States or Commander in chief for the time being of the Army of the United States, or any other your Superior Officer, according to the rules and discipline of War, in pursuance of the trust reposed in you. This Commission to continue in force until revoked by this, or a future Congress, the Committee of Congress beforementioned, or a Committee of the States.
44930
Entered in the War Office and examined by the Board
Attest
De n Stoddert Secretary of the Board of War
Witness His Excellency Samuel Huntington Esq o President of the Congress of the United States of America, at Philadelphia the 17 th day of February 1780, and in the Fourth Year of our Independence.
Sam d Huntington President

Representative Hall Washington 21 Jan'y 1847
To the Hon. the Comptroller of Patents
Sir Sir
I received the annexed note from a lady, a friend of mine in New York - enquiring whether Capt James Norton is entitled to any, and what sum for revolutionary services - probably commuted pay. May I ask as early an investigation as the state of the business of the office will permit
I remain Yours &c.
Bradford R. Wood

To the honorable John C. Calhoun Esquire Secretary of War, The petition of James Horton of Southold in the county of Suffolk and State of New York late a Captain in the revolutionary war humbly shews that your petitioner did on the first day of April 1818. Make a declaration of his services agreeable to the law of the United States passed the 18 th of March 1818. and that he obtained a certificate for a pension agreeable to said law, and that he also made a further declaration in may 1820. agreeable to the amendment of the pension law of may the first 1820 and his pension was disallowed for the reason of his having too much property and not having proved in his inventory of debts that the Mortgage given to Henry Landon was to secure the purchase money for the lands therein mentioned and named in said inventory - Your petitioner having obtained from the Clerk of the County a certificate proving the validity of the Mortgage and likewise witnesses proving the facts that the Mortgage was given to secure the purchase money, which Certificate and depositions of the witnesses is herein inclosed. Therefore your petitioner prays the honorable Secretary of War to review his case and replace his Name on the pension Roll - And as in duty bound your petitioner in duty bound will ever pray ~ ~ ~
South old March 20 1821.
James Horton

Wentington March 26 th 1821
Dr Sir
Captain James Horton has requested me to forward the enclosed papers, which are intended to explain the nature of the mortgage debt stated in his schedule
From these it appears that the mortgage was executed to secure the purchase money of the house and lot which he now occupies
I have no personal knowledge of the circumstances of Capt Horton but from the character of the witnesses I have no doubt of the fact
E. W. Baze who is a witness to the mortgage and who testifies to its origin is one of the Judges of the country and his character for integrity and veracity is above suspicion - Samuel Dickerson is also a man of irreproachable character with the other witnesses I am not acquainted but understand they are men of character
In case the explanation should be satisfactory and he should be replaced on the pension list he requests that the certificate should be forwarded to me
very respectfully Yours &c
The Hon Secretary of War
Silas Wood

certificate of 6 H Having clerk of Suffolk

I the subscriber Clerk of the County of Suffolk Do certify, that James Horton & Betsey his wife Did then appear by register of Mortgages Liber II page 145 & 146 on the 4 th day of May in the year 1819. for & in consideration of the sum of one thousand & fifty Dollars Mortgage unto Henry Landon of the Town of Southold, a certain tract or parcel of Land situated in Southold aforesaid, together with the Buildings and appurtenances to the same belonging or in any wise appertaining, and further that the said Mortgage is witnessed by Ebenezer M c Case — witness my hand and the Seal of office this 25 th day of March 1821
Chas H Havens Clerk

Southold NY 17 March
James Houston Honble Silas Wood in Congress Washington City

(copy)
This Indenture made the fourth day of May in the year one thous and eight hundred and nineteen between James Horton of Southold in the county of Suffolk and State of New York and Betsey his wife of the first part and Henry Landon of Southold in the county and State aforesaid of the second part Witnesseth that the said parties of the first part in con- sideration of the sum of One thousand and fifty Dollars and for securing the payment thereof with interest as herein after mentioned Have granted bargained and sold and released and by these presents Do hereby grant bargain sell and release to the said party of the second part his heirs and assigns and to the use of the said party of the second part his heirs and assigns forever All that certain tract or parcel of Land situate in Southold aforesaid, containing by estimation, Sixteen acres be the same more or less and bounded Northerly by the Highway Easterly partly by the Lands of Nathaniel Bousman and partly by the Lands of Benjamin Bousman Southerly by a Creek and Westerly partly by Lands in possession of Widow Amy Wells and partly by the Lands of John Brantley — Together with all and singular the buildings and appurtenances, to the same belonging or in any wise appertaining. Provided nevertheless and these presents are are on this condition that if the said parties of the first part their heirs executors or administrators, shall pay to the said party of the second part his heirs, executors administrators or assigns the sum of One thous- and and fifty Dollars, according to the condition of a certain note from the said parties of the first part to the said party of the second part bearing date the fourth day of May in the year of our Lord One thousand eight hundred and nineteen that these presents to cease and determine otherwise to remain in full force, And the said parties of the first part do hereby authorize and empower the said party of the second part his heirs executors, administrators and assigns (in case default shall be made in the payment of the money above secured to be paid) to enter upon and sell all and singular the premises hereby granted in manner and form as is directed and required in and by the Act in such case made and provided And out of the monies arising from such sale to retain the principal and interest due on the said writing any right or equity of redemption of the said parties of the first part their heirs or assigns to the same notwith- standing. In witness whereof the parties to these presents have hereunto set their hands and seals the day & year first above written
Sealed & delivered in the presence of E. M. Lase Hector Y Horton
James Horton
Betsey Horton

State of New York County of Suffolk ss
On the twenty seventh day of May 1819 before me Ebenezer M c Asse one of the Judges of the court of common pleas for said County Came James Horton of Southold and Betsey his wife and acknowledged the within instrument as their voluntary act and deed to and for the purposes therein mentioned they being persons to me well known. And the said Betsey Horton being by me privately examined separate & apart from her said husband acknowledged she had executed the same freely and without fear of or compulsion from him. And I having examined the same and finding no material erasures nor interlineations therein do allow the same to be recorded.
Ebenezer M c Asse
Recorded in Suffolk County Record of Mortgages Liber II pages 125 and 126 this 2 d day of June A D 1819 at 11 o'clock A.M.
By H P Dering Asst County Clerk
State of New York County of Suffolk ss
On the 16 th day of March 1822 personally appeared before me Ebenezer M c Asse one of the Judges of Common Pleas in said County David Howell and Joshua Fleet who being first duly sworn according to Law do severally on their oath declare and say that they have compared the foregoing copy of a mortgage deed, acknowledgement & Certificate of registry with the original in the possession of Henry Landon, and that the foregoing is a true and correct copy.
Sworn to & subscribed before me this day & year aforesaid Ebenezer M c Asse
David Howell Joshua Fleet
I certify that I have examined the foregoing copy of a Mortgage deed, acknowledgement & Registry and have carefully compared the said Copy with the original, and that it is a true & exact Copy.
Southold 16 th March 1822
Ebenezer M c Asse

Southold 16 March 1822
Rev Silas Wood Sir
In the original schedule of Capt Samys Nortons property his real estate estate is estimated at Eleven acres; - in the annexed copy of H Landonys Mortgage the Land is estimated at 16 acres - It is apprehended by Capt Horton that this variance may be noticed to his disadvantage, - He desires me to say that he after the Mortgage was executed, gave a deed to one of his sons for the purpose of making him a freeholder (which is a common custom here) for five acres of the Land Mortgaged to Landon - That when he made out his schedule from motives of conscience he put in his schedule  down no more acres than he actually owned, altho he paid no regard to the number of acres in his estimation of the value of his Land - In that estimation he included all that  the proportion both of himself & his son & carried out the value at $1150 - which was the estimated value of his Homestead of 16 acres, as testified in Court
Respectfully Yours
E. Mase