Revolutionary War Pension and Bounty Land Warrant Application File S. 1085, for Ebenezer Preston, New Jersey
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(3 - 1776)
SERVICE
New Jersey
CONTENTS
Preston, Ebenezer
NUMBER
S. 1085
carded
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New Jersey. 9624
Ebenezer Preston
Cap May in the State of Connt who was a private in the company commanded by Captain Crosse of the Regt commanded by _____ in the N. J. Militia line for 7 months
Inscribed on the Roll of N. J. at the rate of 
23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3d day of June
1833 and sent to Hon. Thos. H. Hughes, Cold Spring N J.
Arrears to the 4th of Mar 1833 - 46.66
Semi-anl. allowance ending 4 Sept " 11. 56
$58.22
[Rebolutionary Claim, Act June 7, 1832}
Recorded by F Francios Clerk,
Book 3. Vol. 3d. Page 125.
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De
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And the said Court do hereby declare their opinion, after the investigation of the matter and after putting the Interrogatories as prescribed by the War Department, that the above named applicant was a soldier of the Revolution and served as he states. And the Court further certifies that it appears to
them that Jonathan Hand & William Garrison who have signed the preceding certificate are residents in the County of Cape May and are credible persons & that their statement is entitled to credit. By the Court
E, Stevens
Cape May Ss: Ebenezer Preston the applicant maketh oath that he does not know of any living witness by whom he can prove his service that the reason he has not obtained the evidence of a Clergyman as to his belief respecting my age & the general belief in the neighborhood relative to my revolutionary service is that there is no clergyman in the
neighborhood, except a Baptist Clergyman  a young man lately from Pennsylvania, who know nothing of the subject & whose inclination and habits do not lead him to make any enquiries on the same -
Sworn the day & year afsd
Ebenezer Preston
E. Stevens.
I Jonathan Hand Clerk of the Court of Common Pleas in and for the County of Cape May in the State of New Jersey do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ebenezer Preston for a Pension.
In testimony whereof I have hereunto set my hand and seal of Office, this sixth day of February A.D. 1833
Jonathan Hand-Clerk
I Thomas H Hughes, Member of Congress of the State of New Jersey residing in the County of Cape May N.J. do certify that Jonathan Hand is Clerk of said County and that the above is his signature and that the clerk has no seal of
any particular device or inscription -
Thos. H. Hughes
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No 25197
Ebenezer Preston 
Cape May County New Jersey
.
Admitted
Private 7 months
New Jersey Militia
Return if [illegible]
[Honorable] Thos. H. Hughes N. Jersey
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WAR DEPARTMENT.
Pension Office,
183
Sir,
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. the notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your
claim.
A Statement, showing the Service of Ebenezer Preston Cape May County New Jersey
Period when the rendered.
Entered 1777
Duration of the claimant's service.
 7 Months
Rank of the claimant.
private
Names and rank of the Field officers
under whom he served.
Cap Cresse
Age at present,  and place of abode when he entered the service.
82 years
Dias Creek
Proof by which the declaration is supported.
Traditionary evidence certified credible, no clergyman acquainted  with applicants paper author treated by Congress man certificate
I am, respectfully,
Your obedient servant
J. L. EDWARDS,
Commissioner of Pensions.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia" and "volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular
places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1.The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of }
County of }ss.
On this _____ day of ____ personally appeared (a) before ______ A. B. a resident (b) of ____ 
in the county of _____ and State, Territory or District of _____aged (c) ____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the ____ (e) regiment of the _____ 
line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.  A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of _______ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this ____ day of ____
& c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the ______
and C. D. residing in (the same) hereby certify, that we are well acquainted with _____  who has
subscribed and sworn to the above declaration; that we believe him to be _____ 
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C.D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____Clerk of the Court of _____  do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this ____ day of _____ & c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, as instructed decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above presented, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, an account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you not live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your servicers.
6. {To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To and Officer, Did you ever receive a commission, and if so, by whom was it signed and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, ane who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the court, without too much expense and inconvenience to him, two respectable persons - one of whom should be  the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion, If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important , in the absence of any direct 
proof, except the declaration of the party. And the Courts are requested to be very particular in the  enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by aJudge or Justice of a Court of Record
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace and the signature annexed is his genuine signature.
No payments can be made on account of the services of a person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court unless prevented from doing so by reason of bodily infirmity in which case his declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must [illegible] a sufficient reason for not conforming to the rule. 
[c] The age of the claimant must invariabley be mentioned.
[d]The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served [illegible] claim cannot be had.  Every claimant must state with precision, the length of his service and the different grades in which he served in language as definite as to enable  the Department to determine to what amount of pension he is entitled.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace &c. A. B. who, being duly sworn, that by reason of old age and the consequent loss of memory, he cannot swear positively as to the precise length of his service but according to the best of his recollection, he served not less than the periods mentioned below, and in the following
grades--- For ____ years ____ months and ____ days, I served as a _____, For ____ months and ____ days.  I served as a ____ and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant  served and the particular rank he held as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The [illegible] is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their services.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served, the duration of each  term of engagement, the particular place or places where the service was performed; that the applicant served with an [illegible] troops called into service by [illegible ] authority; that he was either in the field or in garrison; and for that time during which  the service was performed, he was not employed as any other pursuit.
[f] The law makes the relinquishment indispensable.
[g]The opinion of the Court is always required.
[h]The Clerk must give his certificate in every case
[i] The Clerk must affix his seal, and if it has ho device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer should accompany the papers manner in what
papers.

Mode of authenticating paper
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which retains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of the office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must [illegible] who are required to set forth in their affidavits the time of the claimant's entering the service and the time and manner of his leaving the same as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the claim must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer under the seal of office.
The notes from [1] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule in note [j] applies to continental troops only. 
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department with the [illegible]
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June 29, 1938
XXXXXXXXXXXXXXX
Ebenezer Preston, S.1085
BA-J/MCS

Mrs. Frank T. Dare
70 Pitman Avenue
Pitman, New Jersey
Dear Madam:
Reference is made to your request for information relative to
Ebenezer Preston, a soldier of the Revolutionary War who lived in
Cape May County, New Jersey,
The data which follow were obtained from papers on file in the
pension claim, S.1085, based on the military service of Ebenezer
Preston.
The date of his birth aplace of birth and names of parents were
not given.
He enlisted in 1777, place not given, and served six months as
private in Captain Amos Cresse's New Jersey Company and was engaged
at Dias Creek in guarding the coast against the British. About one
month later he enlisted and served one month with the New Jersey troops
as private under Lieutenant Edwards.
Ebenezer Preston was allowed pension on his application executed
February 6, 1833, at which time he was living in Middle Township, Cape
May County, New Jersey, and was "aged eighty-two years and upwards"
The papers in this claim contain no data relative to soldier's
family.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
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70 Pitman Ave
Pitman N.J.
June 13, 1938.


Veterans Administration
Washington
D.C.

Would you please send me any information you may have of Ebenezer Preston
who served as private in the Revolutionary War.  from Cape May County, New Jersey?
and those records show he
obtained a pension
which of course, no doubt you
have some family records, which
will be of much advantage to me,
will appreciate very much any,
& all, data you may have of
Ebenezer Preston
Thanking you, and hoping
for an early reply
I am Respectfully
Mrs Frank T. Dare

[STAMP as follows:]
A
REC'D
Jun 15 1938
Mail Sub-Div
Vets Adm 
Reader 4
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Hathome, Mass, Mar. 29 1904
.
Commissioner of Pensions
Washington D.C.
Dear Sir:-
I would like the pension record of Levi Preston
of Bradford Co. PA. private in Penn Militia.  Placed on roll Mar. 14 1833.  Commenced Mar. 4 1831 under act of June 7 1832, age 70.
Also that of Ebenezer Preston of Cape May
Co. N.J. private in New Jersey Militia
Commenced pension 1833 under act of
June 7 1832 age 84.
Yours very truly
Charles H. Preston
US PENSION OFFICE
MAR 31 1904
U.S.P.B
OLD WAR & NAVY
APR 1 1904
FILES
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Apl. 6, 1904 His to Chas H. Preston
Hathorne Mass
1938 June 29, Hist to Mrs. Frank T. Dare
M C

INVALID. Rev War
-
File No. 1085
Ebenezer Preston,
Priv.  N. J. Mil.
---
Act June 7, 1832
Index: -- Vol. A , Page 302 
[Arrangement of 1870.)