An Historical Account of the Settlements of Scotch Highlanders in America
The following is from An Historical Account of the Settlements of Scotch Highlanders in America by J.P. MacLean, Ph.D.:
The Records of the New York Convention of July 25, 1775, contain the following:
"The Committee appointed to take into consideration and report the most proper mode for employing in the service of this State Mr. James Stewart, late Lieutenant in Colonel Livingston's Regiment, delivered in their Report, which was read; and the same being read, paragraph by paragraph, and amended, was agreed to, and is in the words following, to wit:
Resolved, That the said James Stewart is desiring a Captain's Commission in the service of this State, and that a Warrant be immediately given to him to raise a Company with all possible despatch.
That the said Company ought to consist of Scotch Highlanders, or as many of them as possible, and that they serve during the war, unless sooner discharged by this Convention, or a future Legislature of this State.
That the said Company shall consist of one Captain, one Lieutenant, one Ensign, four Sergeants, four Corporals, one Drum, one Fife, and not less than sixty-two Privates.
That a Bounty of fifteen dollars be allowed to each Non-Commissioned Officer and Private.
That they be entitled to Continental Pay and Rations, and subject to the Continental Articles of War, till further orders from this Convention or a future Legislature of this State.
That the said James Stewart shall not receive pay as a Captain until he shall have returned to this Convention, or a future Legislature of this State, a regular muster roll, upon oath, of thirty able-bodied men, duly inlisted.
That the Treasurer of this Convention be ordered to advance to the said James Stewart £144, in order to enable him to advance the bounty to those he may inlist taking his receipt to account for the same to the Treasurer of this State.
That as soon as the said James Stewart shall 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 £100 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 £288, 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." 
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 regiment bearing Highland names, yet Captain Stewart's company had but five. It is not to be assumed that the two names represented the same person.
[204: American Archives, Fifth Series, Vol. I, p. 1441.]