MARION COUNTY, GA -MILITARY PENSION WAR OF 1812 George Cook

This file was contributed for use in the USGenWeb
Archives by: Patricia Lowe
7165 Victoria Rd, Woodbury, Minnesota 55125
email http://www.genrecords.net/emailregistry/vols/00032.html#0007849

Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm

File contributed for use in USGenWeb Archives by:

Patricia Lowe
email http://www.genrecords.net/emailregistry/vols/00032.html#0007849

who has xerox copies of originals documents in the War of 1812 Pension File of George Cook in National Archives, Washington, D.C

George Cook, War of 1812 Survivor's Pension

Summary:
1) Application for pension, 21 Apr 1873, George Cook,
resident of Marion Co. Ga, Post Office: Geneva,
Talbot Co GA says he enlisted Oct 26th 1812, served in
Capt TB Warley and JS Allison's companies, US 7th army;
was discharged Feb 28 1818, married Jane Sysemore in
1833 or 1834; has not received a pension yet; Pension
received May 22 1874, $8.00/month

2) Discharge papers dated Oct 25 1817 say George Cook,
born in Lancaster County SC, five feet eight inches,
fair complexion, blue eyes, brown hair, occupation when
enlisted farmer,

3) Letter to Commissioner of Pensions from George Cook,
dated May 1, 1874, claiming his attorney overcharged
him, "I am a verry old man and unable to take care of
myself"

4) Letter from Esalbert W Miller, Attorney, to the
Commissioner of Pensions, explaining why he charged
what he did & that did not realize an act (law)
prohibited it.

Verbatim copy

1
Brief of Claim for a Survivor's Pension in the case of
George Cook of Capt Warley's & Allison's companies of
the US Infantry. Residence Marion County, GA, Post
Office Geneva, Talbot Co GA. Enlisted Oct 26th 1812
discharged Feb 28th 1818, Declaration and
identification in due form filed Apr 29 1873, Report
from the Adjutant General of the Army shows that George
Cook was enlisted by Capt Farrer Oct 26 1812 and served
in Capt TB Warley's and J.S. Allison's companies and
discharged by reason of expiration of terms of service
as shown by ?? dated ...Feb 28, 1818 from the 7th
Infantry. Length of service 5yrs 116 days. Loyalty,
claimant's averment and testimony of Geor W Youngblood
and CW Miller. their creditablity shown by certificate
of James W Bell, Depy Collector

Oath to support the Constitution of the United States
subscribed 2nd Dist 3rd Div. GA Admitted May 2, 1874 to
pension of eight dollars per month from Feb 14, 1874,
John M Weilly, examiner State of Georgia, County of
Marion>>>On this 21st day of April AD one thousand
eight hundred and seventy three, personally appeared
before me, Thomas B Lumpkin, clerk of the Superior
Court for said county, a court of record, within and
for the county and state aforesaid, George Cook, aged
eighty six years, a resident of the county of Marion,
State of Georgia, who being duly sworn according to
law, declares that he married in the year eighteen
hundred and thirty three or four (that his wife is now
dead) that his wife's name was Jane Sysemore to whom he
was married the date above written. that he served the
full period of sixty days in the military service of
the United States in the War of 1812, that he is the
identical George Cook who enlisted in Captain Farrow's
Co 8th Regiment, ______ Brigade ____ Division at
Spartenburg Court House, Spartenburg Dist, South
Carolina and was honorable discharged at the City of
Montgomery this territory now State of Alabama on the
___Oct 1817. that he at no time during the late
rebellion against the authority of the United States
adhered to the cause of the enemies of the government
giving them aid or comfort or exercised the functions
of any office whatever under any authority or pretended
authority in hostitity to the United States and that he
will support the Constitution of the United States and
that he is not in receipt of any pension under any
previous act, that he makes this declaration for the
purpose of being placed on the pension roll of the
United States under the provisions of the act approved
Feb 14, 1871 and he hereby constitutes and appoints
William D Clement of Washington City, D.C. with full
power of substitition and revocation his true and
lawful attorney to prosecute his claim and further the
issuance of a pension certificzte to him, that his Post
Office is Geneva, Talbot County, State of Georgia, that
his domicil or place of abode is situate in the County
of Marion, State of Georgia, Signed with his mark,
George Cook, Witness, Thos. B. Lumpkin, Clk Sup.Court,
Marion county State of Georgia And also personally
appeared George W Youngblood, residing in said County
of Marion and State aforesaid, and ??Esalbert W. Miller
residing in said County and State whom I certify to be
respectable and entititled to credit and who being duly
sworn, they was present and saw George Cook make his
mark to the foregoing declaration that they have every
reson to beleive from the appearance of the said
claimant and their acquaintance with him, that he is
the identical person he represents himself to be, that
at no time during the late rebellion against the
authority of the United States did he adhear to the
cause of the enemies of the government giving them aid
or comfort and that they have no interest in the
prosecution of this claim.
Signed George W Youngblood, Esalbert W Miller;

Sworn to and subscribed before me this 21 day of April
AD 1873 and I hereby certify that the contents of the
above declaration were fully made known and explained
to the applicatnt and witnesses before swearing and
that I have no interest direct or indirect in the
prosecution of this claim. signed Thos. B. Lumpkin,
Clerk Sup. Court Marion County, Georgia

#28,874 Treasury Department Third Auditor's Office July
18, 1873, Respectfully returned to the Commissioner of
Pensions with the information that the roll of Capt.
Felix B Warley's Company of 8th US Inft. show that
George Cook, private, served from Oct 26, 1812 to Dec
31 1814. He enlisted the 21st of Oct 1812 for five
years and is mustered present the 31 Dec 1814, which is
the last trace of his service as shown by the records
of this office. For the further history of service
please refer to the Adjt Gen. of the Army, Allan
Rusherford, Auditor

#28,874 Treasury Department, Third Auditor's office,
June 12, 1873, Respectfully returned to the Commisioner
of Pensions with the information that there are no
Rolls of Captain Farrow's company of SC or GA militia,
War of 1812 on file in this office, AM Gangewer, Acting
auditor. Adjutant General's Office Washinton D.C.
August 13, 1873, Sir: I have the honor to acknowledge
the receipt from your Office in application for Pension
No. 28,874 War of 1812, and to return it herewith, with
such information as is furnished by the files of this
office. It appears from the Records of this Office that
George Cook, was enlisted on the twenty sixth day of
Oct 1814 at ____ S.C. to serve five years and was
assigned to Co.____ 8th Regt of the US Infantry. He is
reported enlisted by Captain Farrow and served in
Captain TB Warleys' and JS Allison's Companies. I.R.
Fort Scott, Feb 28 1818, reports him discharged from
7th US Infantry. Term expired. The 8th was made the
7th, May 17, 1815. I am, sir, very respectlfully, your
obedient servant, JPMartin, Assistant Adjutant General,
the Commissioner of Pensions, Washington, DC

2
Warrant # (too faint to read) 160 acres, War of 1812,
Act of Dec 24, 1811 Jany 11 1812, Warrantee George
Cook, Soldier George Cook, Private, Service 7th
Infantry, Nature of claim Bounty land, Single, To all
whom it may concern: Know ye that George Cook, a
Private of Captain J.S. Allison's company, seventh
regiment of infantry, who was enlisted the twenty sixth
day of October one thousand eight hundred and twelve to
serve five years is hereby honorably discharged from
the army of the United States by reason of the
expiraton of his term of enlistment. Said George Cook
was born in Lancaster County in the State of South
Carolina, is twenty eight years of age, five feet eight
inches high, fair complexion, blue eyes, brown hair,
and by occupation when enlisted, a farmer. Given this
twenty fifth day of Oct 1817, (signed) A. Arbuckle,
(fancy writing illegible)

3
Geneva GA July the lst 1874, Mr. J.H. Baker, dear sir,
in your notifyication of May 8 that my Pension
certificate had been issued you stated my attorney fee
was ten dollars. he got the check and would not let me
have it til he got $40. fourty dollars out of it. said
he had to send back to you ten dollars and he charged
thirty dollars. I am verry old and not able to help my
self. I think if you would order him to pay me my
thirty dollars he would do so or please advise me what
to do. yours verry respectfully, George (his X mark)
Cook. over, My attorney was E.W. Miller at Buenavista,
Georgia
Buena Vista, Geo. July 28, 1874, Jos Locky, Actg Comm
of Pensions, Yours of the 11th inst touching the matter
of E.W. Miller having over charged for services
rendered in procuring Pension ?? rec'd. I have seen Mr.
Miller and the matter has been amically and
satisfactorily arrainged. I was laboring under the
impression that Mr. Miller had retained $40.00. I am
now satisfied that it was only $30.00 , it being the
charge of Mr. Hinton, the former Atty, who put in my
application. Mr. Miller stated at the time he paid me
over the money that he charged nothing but would look
to Mr. Hinton to divide the fee with him. I have no
idea that Mr. Miller did any thing wrong intentionally,
I state in this connection I made the endorsement on
the back of the check and that my name was not a
forgery. I also state that at the time I retained Mr.
Hinton to procure my certificate, there was no certain
definite fee agreed upon, but that he would charge the
usual fees and commisions in this section of the
county. Yours very respectfully, (signed) George Cook
Test: JJ McDonald PS Mr. Miller states that he had
written you on the subject covering the foregoing
facts. G.C.

4
Buenavista Ga July 16th 1874 Mr Joseph Locky, Act.
Comm. Dr. Sir Yours of date July 11th to hand this
day. I hasten to reply. I was very much astonished at
the contents of your letter calling my attention to a
provision of the Pension Act of 1873. I had not
examined the act before and hence did not know of the
prohibition until since reading yours the 11th. The
application was filed by B.B. Hinton(an atty of this
place) more than two years since and before the passage
of the act refered to, after the declaration had been
filed (for some reason) the matter was delayed, Mr.
Cook then spoke to me to take the matter in hand. I
consulted with Mr. Hinton and learned from him that he
had written to Washington City to W.D. Clements to
ascertain the delay and could not hear from it. I then
wrote myself to the Hon. Phil Cook, ??, to look into
the matter and inform me in what the trouble consisted.
when enlightened the difficulty was arranged and the
check came to Mr. Cook. I saw Mr. Hinton and
ascertained from him that his charge was $30.00 that
being the usual commissions according to the rules of
the profession in this section. counting in the
services which I had rendered Mr. Hinton agreeing to
divide with me. the check was cashed in the place and
the money paid to Mr. Cook, less said sum of Thirty
dollars. ( I retaining $30.00 not $40.00 as the
complainent alleges. Ten ($10.00) dollars was retained
by the Commimisioner at Washington. I suppose at any
rate, I know I did not retain, but thirty dollars, one
half of which I paid over to Mr. Hinton. Had the Act of
Mar 1873 not escaped my notice I should certainly have
called the attention of the Commissioner to the
settling of the Atty's fee in said application. If this
act passed twelve months after the filing of the
declaration, applies to cases where business
arrangements had been made, why & of course will
willingly return to Mr. Cook the excess. I can assure
you that the thought of violating the Pension law or
any other never crossed my mind. My position as an
attorney requires me to favor the enforcement of law
not to violate. Thanking you for having informed me
before instituting proceedings and hoping you will
inform me by return mail whether the Act is retroactive
with the assurance that I shall be governed by your
construction of the law. I am Sir, very respectfully,
E.W. Miller. PS I will add to the forgoing by stating
that at the time of the settlement with Mr. Cook, he
seemed and expressed himself as being perfectly
satisfied with said charge of thirty dollars by Mr.
Hinton as my services were included. EWM