have returned to this
Convention, or a future Legislature of this State, a regular muster-roll
of thirty able-bodied men, duly inlisted, certifying that the said men
have been mustered, in the presence of a person to be appointed by the
Chairman of the Committee of the City and County of Albany, or of a
person to be appointed by the Chairman of the Committee of the City and
County of New York, that then, and not before, the said James Stewart
shall be authorized to draw upon the Chairman of the Committee of the
City and County of Albany for the further sum of L100 in order that he
may be enabled to proceed in his inlistment, giving his receipt to
account for the same to the Treasurer of this State; and that when the
said James Stewart shall have been duly inlisted and mustered, in the
presence of a person to be appointed by the Chairman of the Committee of
the City and County of Albany, the whole of his Company, or as many as
he can inlist, and then he shall be entitled to receive of the said
Chairman of the County Committee the remaining proportion of bounty due
to the non-commissioned officers and privates which he shall have
inlisted.

That if the said James Stewart shall not be able to complete the
inlistment of this Company, that he shall make a report of the same,
with all dispatch, to the President of this Convention, or to a future
Legislature, who will either order his Commission to issue, or make such
further provision for his trouble in recruiting as the equity of the
case shall require.

That the Treasurer of this Convention be ordered to remit into the hands
of John Barclay, Esquire, of the City of Albany, the sum of L288, on or
before the last day of December next, in order to enable him to make
unto the said James Stewart the disbursements aforesaid.

That the said James Stewart shall be authorized to engage to each man
the sum of 7s. per week, billeting money, till such time as further
provision is made for the subsistence of his recruits.

That the said Company, when raised, shall be either employed as an
independent Company, or incorporated into any Battallion as to this
Convention, or to a future proper authority of this State, shall appear
advisable."[204]

There is no evidence that this action of the Convention terminated in
any thing tangible. There was a James Stewart, captain of the third
company, in the Fifth regiment of the New York Line, and while there was
a large percentage in that reg