MARION COUNTY, GA -MILITARY PENSION WAR OF 1812 George Cook Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm 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