Revolutionary War Pension and Bounty Land Warrant Application File R. 7,586, for Moses Nelson, New York
Page 1

(3 - 1776)
SERVICE
New York
Nelson, Moses
Dolly
NUMBER
R.7586

CONTENTS
Page 2

20, 159
New York
===
Moses Nelson
a private in the State of N York
who was a Oneida in the Comp commanded
by Captain Dening- of the Reg. commanded 
by --- in the N. York 
line for 11 mos
===
Inscribed on the Roll of New York
at the rate of 36 Dollars 66 Cents per annum,
to commence on the 4th day of March, 1831.
====
Certificate of Pension issued the 8 day of Aug
1832 and sent to B. P. Johnson
Rome
====
Arrears to the 4th of Mar '21[?]  $73.32
Semi-anl. allowance ending 4 Sept '21[?] 16.60
===
$89.66
===
Revolutionary Claim
Act June 7, 1832.
Recorded by G.C. Stiles Clerk
Book C Vol. 3 Page 26
Page 3

Moses Nelson
Page 4

Declaration, in order to obtain the benefit o the Act of Congress passed June 7, 1832
===
STATE OF NEW YORK
Oneida County,         } ss.

On this 11th day of September 1832 personally appeared in open court
in the Court of Common Pleas Count of Oneida County
now sitting, Moses Nelson a resident of said county and state, aged Sixty seven
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 act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated: That he was born at Cherry Valley 1 Jany 1765. Has no record of his age. Resided at Cherry Valley when he entered service, since war have lived at Currysbush. N.Y. Stillwater, N.Y. Plainfield N.J. Caughan, N.Y. now Westmoreland Oneida Co. That he enlisted at Cherry Valley about 20th March 1780 in Captain John Dennys Company, for one year-- Duncan Campbell [?] in said compy and marched to Fishkill landing and then served and in that region, until about February
1781 when he was discharged at Fish kill having served about this deponents recollection Eleven months--
And this deponent says that in March 1781 he was taken prisoner by the Indians at Cherry Valley and was carried to Niagara and remained a prisoner for two years with said Indians, and with the British most of the time. When discharged from service this deponent no[?] a written discharge signed by Capt Denny which was destroyed when he was taken prisoner by the Indians. He refers to annexed affts as Law[?] as character- Don't recollect the names of any Continental officers 
when he was at Fishkill.  Knows of no other 
witnesses to his services.
Moses Nelson

He hereby relinquishes every claim whatever to a pension except the present & declares that his name is not on the pension roll of the agency of any State
Sworn & Subscribed the day & year aforesaid
J.B. Read Deputy Clerk

We, Daniel Seeley Clerk and Abram Miller 
residing in in Westmoreland hereby certify that we are well acquainted with
Moses Nelson who has subscribed and sworn to the above declaration; that
we believe him to be about sixty seven 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.  That he is a man of truth veracity.
Sworn and subscribed the day and year aforesaid.
Joseph B Read
Deputy Clerk
Daniel Nelly
Abram Miller

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 Daniel Seeley who has
signed the preceding certificate, is a resident in Westmoreland & Clergyman, and that
Abner Miller who has also signed the same, is a resident in Westmoreland and is a credible person, and that their statement is entitled to credit.
By the Court
E. Heyllen[?] first judge

I George Brown Clerk of the Court of Commons Pleas of Oneida Co. 
do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of
Moses Nelson for a pension.
In Testimony Whereof, I have hereunto set my hand and seal of office, this 11th day of Sept 1832
Joseph B. Read Dep Clerk
Page 5

State of New York
Otsego County ss. ⎬ John Thompson of
Cherry Valley in said County aged Seventy four years says that before the War of the revolution he knew Moses Nelson who then lived in Cherry Valley aforesaid that he well recollects that in the year 1780 the said Nelson enlisted under Capt John Denny, Duncan Campbell Lieutenant for one year & served eleven months & was discharged at Fishkill on the North River N.Y.
That this service was performed principally on the North River & places near to it. That this deponent served the same time with the said 
Nelson & was discharged at the same time with him. This deponent also well recollects that the said Nelson was in the year 1781
taken prisoner by the indians at Cherry Valley aforesaid as the deponent was in fifty or sixty 
rods of him at the time he was taken. 
That this deponent was informed at the time & 
believes that the said Nelson was detained as
a Prisoner for two years & further saith not.
[signed]John Thompson

Sworn & Subscribed
this 28th day of
August 1832
before me
James O. Morse First
Judge of Otsego County

I certify that I have known the
above named John Thompson for more than
twenty years & that he is entitled to full
credit as a witness & that I believe the
above statement made by him
Aug. 28. 1832
J. O. Morse
Page 6

State of New York
Otsego County ss ⎬ Thomas Thompson of Cherry Valley in said County being duly sworn says that he is sixty eight years old according to his best recollection, that he knew Moses Nelson before & during the war of the
revolution, that he well recollects that the
said Nelson in the year 1780 enlisted into the
service & was gone in the service about eleven months & and [returned?] at the time & believes that he served on & near the North river. This deponent also well remembers that the said Nelson was taken prisoner by the indians at Cherry Valley in the year 1781 as this
deponent is was at Cherry Valley at the time & had a relative taken prisoner at the same time. This deponent also recollects that the said
Nelson was detained as a prisoner
about two years
[signed]Thomas Thompson

Sworn & subscribed
this 29th day of August
Thomas Thompson
1832 before me
James O. Morse First
Judge of Otsego County

I certify that I have known the above named Thomas Thompson for more than twenty years & that he is a man of a high reputation for truth & that he is entitled to full credit as a witness that alien all he has stated above
J. O. Morse

State of New York 
Otsego County 
I Horace Lathrop Clerk of the said County do certify that James O. Morse before whom the foregoing affidavits purports to have been sworn was on the day of the date thereof First Judge of Otsego County that I am acquainted with his hand writing & verily believe his
name subscribed to the said affidavits is his own proper hand writing & signature Witness my hand & seal of office this 29th day of Sept 1832
Horace Lathrop
Esq. Tho. K Cory Dep'y[??]
Page 7

12,790
Moses Nelson
Oneida Co N.Y.
===
Private
1790 - to 81, Capt John Denny
Company - 11 months

1781 to 83. Prisoner among
Indians & British 2 years

whole 2 years-11 Mos
Service - 11 months
---
paid B.P. Johnson
age't Rome N.Y.

Pension to be payble at
U.S. Bank
Utica N. Y.
Page 8

Not in actual service
at the time of capture
therefore Captivity disallowed

1 witness proves 11 mo.

Admd
11 mo. pri
$36.66
Page 9

12717,
Dolly Nelson
N.Y. Moses
by Moses
7 July 1838

7586

Act 7th July 1838
Page 10

Declaration to obtain the benefit of act
of July 1838, March 1843 & 17 June 1844.
& of Feby. 1846
State of New York
Oneida County SS:
On this 11th day of April 1846 personally appeared before me Ebenezer Robbins one of the Judge of Oneida County Courts in said
State, Dolly Nelson of Rome in said County, aged 79 years, who being first duly sworn according to law, doth, on her oath make the following declaration in order to obtain the benefit of the provision made by certain acts of Congress above recited, "granting half pay & pensions to certain widows" That she is the
widow of Moses Nelson late of Plainfield in said State, who was a soldier of the Revolution, & a pensioner of the United States at the time of his death, which occurred at Plainfield aforesaid on the 11th or 12th day of August last past. She further declares that she has no record testimony of the Revolutionary services of said Moses Nelson, & refers for proof of
the same to the testimony on file at the War department, & upon which his name was placed upon the Pension roll, also that she was married to the said Moses Nelson at Stillwater in said State by Elder Kelley of that place
on the 16th day of November 1787, that she does not know of the existence of any person who was present at the wedding, & believes that no one of them beside herself is now living, she is informed & believes that town record of marriage were never kept in this
State & that Elder Kelley has been long dead, & she does not know that there is any record evidence in existence. That she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January
Page 11

Seventeen hundred & ninety four, viz: at the time above stated: that she was acquainted with Archibald Tuttle & Tabitha, his wife, 
shortly after her said marriage; that her eldest child Eunice Nelson, now the Wife of James Hays of Whitestown, was born to them in lawful wedlock on the 23 day of September 1787, that their family Bible & record was burned in their dwelling in Stilliwater. Said Moses received a pension of $36, 60/100 per annum. 
And I the said Judge do certify, that by
reason of bodily infirmities & age, the said deponent is not able to attend the sitting of the County Court that she is a credible witness, & made her mark to this, as she cannot write
     her
Dolly X Nelson
     mark
Sworn to & subscribed on the day &
year first written, (April 11th 1846)
before me, my name is written on erasure on 7th line 1st page. begun "9" above on erasure, also words "shortly also the word April on 6th line, begun on 18th line " August
after", on 19th "Kelley" on 26 & 32 lines first page and "September" on the 2d page written on erasure, & "or 12th" interlined.
Ebenezer Robbins, Judge of O. C. Courts
Witness
Lawton Dorper[?]
Page 12

State of New York
Oneida County Ss:
On this 16th day of March 1846 before me came Hosea Lee a Justice of the peace in and
for said County, Archabald Tuttle and Tabathy 
his wife of Whitestown in said County, and who are severally credible witnesses, who being first duly sworn according to law, the said Archabald deposes and saith, that he well recollects that he lived in the town of Stillwater in Saratoga County in the said State, in the year 1792 and at that time was personally acquainted with Moses Nelson and Dolly Nelson, the present widow of said Moses, that they was married (as was reported then ever since) and had then two children, the Eldest was called Eunis Nelson, now the wife of James Hays and that the said Moses & Dolly lived at Stillwater, and continue to live there for several years thereafter as man & wife, and did so at the time that this deponent moved from there (1807) and that the said Moses Nelson & Dolly his wife [moved?] in to the said town of Whitestown in the year 1818 and lived a near nabour to him, and that said deponant has been ever since acquainted with said Moses and Dolly, who at all times since their reported marriage have maintained the marriage relation, and always accredited as duly married. And that he has been creditably informed that the said
Page 13

Moses Nelson died at Plainfield Otsego County on the 12th day of August last, and his widow all of Nelson is now a resident of Rome N.Y.
and the said Tabathy depose and sais that in the year 1801 she was married to the said Archibald Tuttle at the said town of Stillwater, and at and since that time she has been well aquainted with the said Moses Wilson & Dolly
his wife, and that she agrees with her said husband in all the statements made by him since the said date 1801
Archibald Tuttle
         her
Tabathy X Tuttle
         mark
Subscribed and
worn on the day and
year first above written
before me 
Hosea Lee, Justice
Page 14

State of New York
Oneida County Ss:
On this 18th day of
March 1846 personally came before
the Hosea Lee a justice of the peace
of said County, Eunice Hays of
Whitestown to me known, and
who is a credible witness, who being
duly sworn according to law deposes
and saith, that she is a daughter
of Moses & Dolly Nelson, that she was
born at Stillwater in the year 1789 as
she has always been told by her parents,
and as their then neighbors has confirmed
to her; that she is the eldest child of
her parents, that her Father was a pensioner
of the United States, & that his stipend
was $36.60 pr annum, that he died at
Plainfield in Otsego County on the
12h day of August last, that their
dwelling house & furniture, & family bible
and family record was burned in the
town of Stillwater in the year 1794.
Eunice Hays
Sworn & Subscribed
on the day & year above
written, before me
Hosea Lee, Justice
Page 15

Clerks Office C.
Oneida County Ss:
I Delos Dewolf Clerk of the said County certify
that Ebenezer Robbins Esq was on the 11th day of April 1846 a Judge of the County Courts in and for the County of Oneida duly appointed and qualified to act as such. Also
that Hosea Lee Esq was on the 16th and
18th day of April respectively a Justice of
the peace in and for the said County duly
elected and qualified to act as such and
that the signatures above written purporting
to be those of the said Judge and Justice
respectively are genuine.
In testimony whereof I have
hereunto affixed the seal of the
Court of Common Pleas of the said
County & Subscribed my name
April 22. 1846
Delos Dewolf Clerk
for James Edgar Dep Clk
Page 16

No. 12.790
Moses Nelson
Oneida County
New York
5.16
P. 370

4 May 33

B.P. Johnson
Agt Rome, Oneida County
New York
Page 17

BRIEF in the case of Moses Nelson
County of Oneida
in the State of New York
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 67 years

4. State his service, as directed in the form annexed.

Period.   
Enlisted In 1780

He states that in March 1781 he was
taken Prisoner and detained as such
for Two years by the Indians at
Cherry Valley

Duration of Service.
Years, 1 Months, Days

Rank.
As a private

Names of General and Field Officers
under whom he served.
Capt. John Downy

5. In what battles was he engaged?

6. Where did he reside when he entered the service? Cherry Valley State of New York

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls? Living & Traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Daniel D. Davidson
Examining Clerk.
Page 18

Rev. and 1812 Wars Section

January 8, 1924

Mrs. C. L. Reed
Florence, Wisc.

Madam;
I have to advise you that from the papers in the Revolutionary War pension claim R. 7588 it appears that Moses Nelson was born at Cherry Valley, New York in January 1765.
While living in said town he enlisted March 20, 1780 and served eleven months as a private in Captain John Denny's New York Company. In March 1781 he was taken prisoner by the Indians at Cherry Valley and held two years
in captivity.
He was allowed pension on his application executed November 11, 1832 while a resident of Westmoreland, Oneida County, New York. He died at Plainfield, Otsego County, New York August 11 or 12, 1845.
Soldier married at Stillwater, Saratoga County, New York November 16, 1787, Dolly (maiden name not stated) she was a resident of Rome, New York in 1846 aged seventy-nine years. Their oldest child Eunice, born September
Page 19

23, 1789 married James Hays, names of other children not stated.
Respectfully,
Commissioner.
Page 20

No 12717.
Dolly Nelson
-----
Letter to J. Hathaway
July 2 1846.[stricken]
do to same. Oct 9 '46[stricken]
"    "  same Dec. 3 '46
Page 21

M233
BUREAU OF PENSIONS
Finance Division

OCT 4, 1922 19__

Chief of Rev. War Section
Sir:
I have this day received from
Lefa Taylor Worth W.O.
No D 181, 157
for $1. 00/100
requesting copy 
as per letter herewith
Returned & Finance Div.
not'f aud.
Oct.7.1922

Very respectfully,
O. J. RANDALL
Chief of Division.
J J.C.
Page 22

Stamped envelope
money order

708 W. Walnut
Kalamazoo
Michigan
Pension Office Department
Washington, D.C
Gentlemen
Enclosed is order for one
dollar ($1.00), fee for searching records,
and a self addressed stamped envelope. 
I wish statement of pension of
Moses Nelson
Moses Nelson, who enlisted in
March 1779 at Cherry Valley N.Y.
was honorably discharged, and
was granted old age pension of
twelve dollars ($12.00) per month, a
little time prior to his death in
1845.
Yours respectfully
Lefa Taylor Worth
Page 23

REJECTED
7086
P.O. _______
Dolly Nelson
Service: wid. Moses
Enlisted: _____, 18
Discharged:______, 18
Application filed:_____, 18
Alleges: ______
Re-enlisted:  ______
cause of suspension on printed
list of 1852 given as follows.
Attorney: "For further proof."
P. O. _____
_____Recognized. ____Cont
____Cert. of Dis. Searched for ______, 18

12 Oct. 7. History to L.T. Worth and money order for
$1 returned to her all
1924-J. 8. Hist. to Mrs. C. L. Reed
1925 Jan. 30
Nora B. Garnett A F. See letter in Titus Adams W 23398.
Page 24

12 Oct. 7. History to L.T. Worth and money order for
$1 returned to her all
1924-J. 8. Hist. to Mrs. C. L. Reed
1925 Jan. 30
Nora B. Garnett A F. See letter in Titus Adams W 23398.
Page 25

Rome N.Y.
Apr 24  '46

Hon J.L. Edward
Court Pers

Sir
I send herewith 
an application for widows pension, in case
of the Widow Dolly Nilson now of this
town relict of Moses Nelson late N.S.
pensioner, and will thank you to
write me, if further evidence is demanded
---
I am respectfully 
your obt. 
Jay Hathaway
Page 26

RECORD DIVISION
REVOLUTIONARY WAR RECORDS SECTION
R7586

3 -- 525
DEPARTMENT OF THE INTERIOR.
BUREAU OF PENSIONS.
Washington, D. C. ____, 19___

In reply to your request of ____ received ____
for a statement of the military history of Moses Nelson a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
DATES OF ENLISTMENT OR APPOINTMENT.
Mar 20 1780
LENGTH OF SERVICE.
11 mos.
RANK.
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
John Denny
COLONEL.
STATE.
NY

In Mar 1781 he was taken prisoner by the Indians at Cherry Valley & held 2 yrs in captivity

Battles engaged in, _____
Residence of soldier at enlistment, Cherry Valley NY
Date of application for pension, Nov 111832 His claim was al.
Residence at date of application, Westmoreland NY
Age at date of application b. at Cherry Valley in Jan. 1765 -
Remarks: Sol. mar at Stillwater N.Y. Nov. 16, 1787 Dolly maiden name not recorded 
He died at Plainfield N.Y. Aug 11 or 12,
1845. Their oldest child Eunice b. Sept. 23, 1789 Mar James Hays names of other children not stated

Respectfully,
as the Comp. of N.Y. in this claim says that the military records at Albany are imperfect, and as the soldiers claim was allowed as many others were on testimony of witnesses, I am
not going to say anything about rejection of widows claim
Page 27

Rev. War Section.
Oct. 7, 1922.
Lefa Taylor North,
708 W. Walnut St.
Kalamazoo, Mich.

Madam:
In response to your letter of the 4# instant,
you are herewith furnished the history of the Revolutionary War pensioner, Moses Nelson, R. 7536, for which no fee is charged.
Please find enclosed your money order on the U.S. Pension Office, for one dollar.
Very respectfully,
J. M. Vandervoort
Acting Commissioner.
Page 28

Mailed to Mrs. C.L. Reed

THE REED DRUG COMPANY
C. L. REED, PHARMACIST
FLORENCE, Wis., Nov. 16 1923

Pension Office
Washington D.C.
Gentlemen: My ancestor Moses Nelson
enlisted in the Bateau Service on the Hudson
River, at Cherry Valley, New York in
March 1779. He served ten months
Was honorably discharged and
pensioned. Will you please send
a statement to that effect - giving dates
amounts etc. to Mrs. Inez. S. Stanfield
Registrar General
Natl Society of the Daughters
of the American Revolution
Memorial Continental
Hall
Washington DC

Kindly enclose statement
in the enclosed addressed envelope
Yours truly
Ware Reed
Mrs. C. L.

[Stamped]
U.S. PENSION OFFICE
NOV 19 1923
Page 29

Moses Nelson
12 7 90
Page 30

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Moses Nelson
which require further proof or explanation.

1. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension he is entitled?
Applicant must furnish proof that he was in service when taken a prisoner unless in actual service at the time of capture not entitled to the benefit of the act of June 1832.
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

Mr. Nelson was not in actual service when taken prisoner-- his statement was made on the supposition that he was entitled to allowance for that on account of his having been a pensioner--
[initials]
Page 31

2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses? The court has
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. Are the papers authenticated as the regulations direct?
No. Correct now
XVII. Are the seven interrogatories prescribed by the War Department answered  satisfactorily? And, if not, which of them is not so answered?

EXPLANATORY NOTES.
QUERE V. 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, deposeth and saith, 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 recolelection
he served not less than the periods mentioned below, and in the following grades; For ___ year  ___ months , and ___ days, I served as a ___ For ___ months and ___ days, I served as a ___; and for such service I claim a pension.
Page 32

3
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 use of the phrase about three or four months is too indefinite , and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the
officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn 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 embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants 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 oaths
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 his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper 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 office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, 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.
Page 33

J. Hatheway
Dec. 3, 40
Page 34

Pension office
Dec. 3, 46
Sir,
The additional papers recently forwarded by you in the case of Dolly Nelson have been examined and while they may remove the
objections previously offered to the evidence  presented as to the date of the marriage, yet they fail to establish the service for which the claim is set up.
This department has no knowledge of the service of Capt. Denny, or of there having been 
such a corps as that to which the husband of
the claimant alleged to have belonged. If Capt.
Denny was in commision, and if he commanded a company of 12 militiamen, the 
special law under which such company must have been organized, or other satisfactory evidence in relation to it, ought to be shewn by the records in the office of the Secretary of State of New York. Until this is done the service cannot be admitted.
J. Hatheway, Esq 
Rome, NY
Page 35

J. Hathaway
Oct 9.46
Page 36

Jay Hathaway Esq
Rome N.Y.
Page 37

Pension office
Oct 9 1846
Sir,
The additional papers forwarded by you in the case of Dolly Nelson have been placed on file  of her husband served so long a period as eleven months under Capt. Denney & Lt. Campbell as alleged by him, and if Capt Denney Commanded a regularly organized corps called out under the authority of the state, the archives at Albany must contain some evidence of it, and without that evidence, under the present information of this office in regard to the militia service in New York she cannot be all owed a pension.
If the service be established, parol testimony of the ages of the children should be offered. There can be no difficulty in proving their ages by old and intelligent  neighbors who
Page 38

have been acquainted with them for a number
of years the credibility of such witnesses must be duly vouched for.

J. Hathaway
Oct 8 '46

Jay Hathaway Esq
Rome
NY
Page 39

J. Hathaway Esq
July 2. 1846
Page 40

Pension office
July 2. 46

Sir,
The claim of Dolly Nelson for a
pension as the widow of Moses Nelson has
been examined and the papers filed. When
her husbands pension was allowed if was
not known that the archives at Albany
contained any evidence of the service rendered by the Militia of the state of New York during the revolutionary war. Before she can be given the benefit of the service claimed by her late husband she must transmit the Comptroller's certificate showing the service rendered.
The marriage must be proven by some
record testimony public or private if in existence. It 
It should be shown that such evidence does not exist before parol testimony can be received.
Jay Hathaway Esq.
Rome
N.Y.
Page 41

Town Clerks
Cerft.
case of
Dolly Nelson
Page 42

STATE OF NEW-YORK.
SARATOGA COUNTY CLERK'S OFFICE, } ss.
I, JAMES W. HORTON, Clerk of said County, do hereby Certify, that
B. K Bryan before whom the annexed Affidant
was taken and whose name is thereunto
subscribed, was at the day of the date thereof a Justice of the Peace in and for said County, and duly authorized by law to take the same; and that I am well acquainted with the handwriting of the said Justice and verily believe that his signature to the same
is genuine.
In Testimony whereof, I have hereunto set my hand and affixed the Seal of said County, this 17 day of August 1846
James W Horton, Clerk.
Page 43

State of New York
County of Saratoga ⎬ Ss.
I Morgan Munger Town Clerk of the town of Stillwater in said County do hereby certify that there is no record of marriages in my office, & no statute has existed in this State requiring such record; I further certify that I have not been able on diligent inquiry to learn that any record of marriage by Elder Killy once a minister in this town, is in being-
& he is long since deceased.

I Morgan Manger above named depose & say that I hold the office of town Clerk in the County town & state aforesaid, & that the
above statement is true
Morgan Manger
Clerk of the town of Stillwater

Subscribed the 27 day
of July 1846
Sworn before me the 1st day
of August 1846
B. K Bryan Justice Peace
Page 44

Comptrollers Office
Albany 15th July 1846
Sir
Yours of the 13th Mr. is rec'd, The name of
Moses Nelson does not appear on the books
& files in this office relating to the Revolutionary
period.
Yours Respectfully
Philip Phelps
Dep. mgr

J. Hathaway Esqr
Rome N.Y.
Page 45

P. O. Rome N.Y.
Nov 16 46

Hon J. L Edwards
Coms Pens

Sir
I send enclosed certificate from the Comptroller of the State of N. Y. Showing that the archive of the state contain only "a very imperfect record of the Services of the officers & soldiers of this State, whether in the N.Y. line, militia or otherwise" during the Revolutionary struggle, "and that no evidence whatever" is to be found there of the service of several Corps, which belonged to the forces of sd. State, in actual service "during that period".
I send also an additional affidavit of A Tuttle of his recollection of incidents in relation to the family &c &c of Moses Nelson, before 1791, which I trust will be satisfactory taken in connection with the proof heretofore made.
Mrs. Nelson claims the benefit of the proof on file, establishing the services of her husband & upon which a pension was allowed him.-
The Magistracy of Mr Lee has been already
certified to you
Same respectfully
your Obt Sert
Jay Hatheway
Page 46

Sept 22/46

[Stamped] Sept19 ROME NY

JC,
Decdten case
Dolly Nelson,

Hon J.L. Edwards
Comm of Pensions
Washington
Page 47

P.O. Rome, N.Y.
Sept 18 '46

Hon. J.L. Edwards
com'r

D. Sir
Herein in sent papers in case of Dolly Nelson 
[ ] [ ] [ ]. 
1st Cert & affds of Town Clk
2nd Letter from Compt S.N.Y.
by the former it seems to record testimony
of marriage can be found.
& by the latter that books in that office 
do not there the name of Moses Nelson

This is negative proof,- the
proof upon which his pension was granted
was positive, shewing the Service For
due the absence of record proof at Comps
office invalidate that testimony, makes it
can be shewn that [] time of service of 
every solder in this State in that to be
before written there, this will hereby
be contended, & the rule and there
be applicable in this case, that there may
testimony does not exist parol testimony
may be offered.
I am respectfully
your obt
Jay Hatheway
Page 48

State of New York
Comptroller Office }

I certify that the books, documents, and papers, remaining in this office pertaining to the Revolutionary period, contain a very
imperfect record of the services of the officers, and soldiers of this State, whether in the New York line, Militia, or otherwise. And that no evidence whatever exists in this office in relation to the services of several corps, which belonged to the forces of this State during that period, Albany October 14th 1846
Philip Phelps
Dep. Comptroller
Page 49

Comptr
case of 
Moses Nelson
Page 50

State of New York
Oneida County } Ss

On this 14th day of November 1846 came before me Archibald Tuttle of the town of Whitestown in said County, who after being duly sworn saith that he is sixty seven years of age lacking thirteen days that he was well acquainted with Moses Nelson & Dolly he
wife in 1788 at Stillwater N. Y. that it was commonly reported & so far as he can heard never doubted, but said Moses was a soldier in the revolutionary war. That he recollects 
that they had a daughter who had been born to them before the year 1791, & that she was named Eunice, has been acquainted with her ever since, she is now wife of Jas Hayes.
That he the said deponent was married in the year 1801.
That he went to live with one Simeon Polar when he was eleven years old, and about that time the said Nelson lost a cow in consequence of drinking Brine as it was reported, and that he well recolects of hearing
the nabours talk about making up his loss to him, and recolects of the said Polar sending him to carry the pork to the said Nelson, and at that time he saw two small children at his house. One they caled Eunis, the other the youngest was a boy and has been aquainted with them ever since.
Archibald Tuttle

Sworn & subscribed November
me, on this 14th day of November 1846
and I certify that said Archibald
is known to me & is a credible
Witness
Hosea Lee
Justice of Peace

words November & fi[?]
14th interlined in the
foregoing, & '7' twice
altered to '8' above & '1' on
margin under "who had 
been" interlined