Revolutionary War Pension and Bounty Land Warrant Application File R. 5440, for James Huston, New York

SERVICE
NUMBER
New York
Houston, James
R. 5440
CONTENTS

Declaration & Proofs of Int. Huston for A Pension under act of June 7 1832 New York Militia &c
18171
✓

Declaration of James Huston, in order to obtain the benefit of the act of Congress passed June 7, 1832.
State of New York 3
Chautauqua County ss. On this tenth  eleventh day of October 1832. James Huston a resident of the town of Chautauqua, in the County of Chautauqua, aged Seventy three Years, on the sixteenth day of November last personally appeared, in open court, before the Court of Common Pleas now sitting 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 & served as herein stated. His first services were rendered in the Year 1776 when he was but 18 Years of age & under the following Circumstances He was then living in the town of Andem (Now Montgomery), in the County of Ulster & State of New York, when he volunteered to serve as a fife under Capt. Solomon Col. Dubois Regiment for the space of five months. On the first of June he repaired to New York, where he was remaining when the British fleet passed through the Narrows, and was also there at the time of the declaration of Independence, after which he was ordered to Long Island where the American army was encamped on a peninsula near the village of Brooklyn, under the command of General Sullivan, the British forces being under the command of Lord Howe on Long Island, he was engaged in the battle between the last mentioned forces & recollects the Circumstances of Lord Sterling with a number of his soldiers being taken as prisoners of war, by the British this Circumstances he thinks happened about night, & in the night he retreated with the army to New York, where the British they remained until the British forces under General Howe showed a disposition of attacking that place when he was ordered with the army to retreat to Kings Bridge, he recollects among his companions at this time Alexander Harrington John Crawford James Bull Daniel Reed Samuel Hoag & James Rogers. at Kings Bridge they stayed a short time, & then retreated to White Plains in the County of Westchester. declarant was engaged in the battle at White Plains. This he says was in the latter part of October of 1776. Shortly after they marched to Kingsferry on the North River & was there discharged in the ordinary manner of discharging companies on military parade days.

Within two weeks after his return home he was drafted to serve in the militia & was for six months for every two weeks alternately engaged in active service against the enemy in New Jersey. These services were under Capt. Gilford Col. McLaugherty's Regiment. At the expiration of the term of service he returned home. In the Spring of 1777 Declarant volunteered to serve for the period of four months under Capt. Gilford Col. McLaugherty's Regiment, as a fife & repaired to Fort Montgomery where he served the period of two months. He then went to Morristown & joined the main army for three years in which he enlisted in Capt. Dales Company Col. Spencer's Regiment. Declarant employed William McCall as his substitute to perform the services required by this enlistment who actually joined the army as such substitute & faithfully served therein until Feb 1778, when he died with the small pox at Valley Forge. Notwithstanding declarant having employed such substitute, he entered the army himself as a volunteer under the same Capt. & served under him until he was killed & continued to serve in the same company under the command of Capt. Etsel for the entire period of one year & ten months, during this time declarant was in the battles of Brandywine & Germantown, under Capt. Etsel, he recollects Sergeant Burke of this company being killed in the battle of Brandywine, & he also recollects being quartered near the Schuylkill when Philadelphia was taken by the British this was in the latter part of Sept 1777, & they marched to the battle ground of Germantown in the night time. He recollects that an American General was killed in the battle of Germantown (his name he forgot) but that he was buried next day near declarant's tent under the honors of war, he left the army at this time in the winter following. Subsequent to this declarant was a militia man in Capt. Yates Company Col. Yates Regiment at intervals for one or two months at a time, he recollects being ordered out in the night time by Col. Yates to repair to Saratoga, there being in circulation a report that the British were in that place, but the alarm proving false they tarried there but a few days & then returned home. He was often on a scouting expedition & frequently called to repair to some post for the defense thereof until the close of the war.

he has no documentary evidence & he knows of no person whose evidence he can procure or who can testify to his services. He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any State.
And in answer to the particular interrogatories of the Court now here he says.
1 st I was born in Andover (now Montgomery), in Ulster Co. N. York, on the 16. Nov. 1758
2 d I have a record of my age transmitted to me by my Grandfather Benjamin Faines when I was quite a boy which I have preserved and is now in my possession -
3 d When first called into service I was living in Andover Ulster County after the Revolution I lived in Schaghticoke now Rensselaer Co. about 6. Years then moved to the town of Saratoga in Saratoga Co. where I lived 3 Years from there I moved to Norwich in Chenango Co. & lived there about 5. Years, from thence I moved to the town of Oswego in the County of Cayuga, lived there about 5. Years, from there I went to Seneca, in Ontario Co. lived there about 2. Years left there & lived in Onondaga Co. 1 Year & returned to Onondaga & stayed there 3 Years from there I removed to Chautauqua in the County of Chautauqua, where I now reside & have since resided
4. I was first called into service by voluntary Engagement Engagement & afterwards being drafted, & subsequently by enlistment I never served as a Substitute, but never was by a Substitute as above stated.
5 th this interrogatory is answered in my declaration as fully as I am able to do to do.
6. I never received written discharges but was always dismissed as militia men are on parade days.
7. I am known to Rev. Ebenezer  at Stratton Timothy Baker & others my present neighbors who I presume can testify as to my character for veracity & their belief of my services as a Soldier in the Revolution
James Hueston
sworn & subscribed the day
& Year aforesaid James H. Hovey Clerk

Ebenezer H. Stratton We Rufus H. Hovey a clergyman Residing in the town of Chautauqua in the County of Chautauqua, & Timothy Baker of the same place hereby certify that we are well acquainted with James Huston on who has subscribed and sworn to the above declaration, that we believe him to be of the age of seventy three on the sixteenth day of November last, that he is respected & beloved, in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion Ebenezer H. Stratton Sworn to subscribe the day & Year aforesaid James Romney Clark
And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogations, rec- orded by the War Department, that the above named applicant was a revolutionary soldier & served as he states Ebenezer H. Stratton And the court further certifies that it appears to them that Rufus Hovey Who has signed the preceding Certificate is a clergyman resident, in the town of Chautauqua, & that Timothy Baker who has also signed the same, is a resident of the same place, & that they are credible persons, & their statement entitled to credit.
W. B. Campbell W. H. Weth J. T. Harnady Justices
I James B. Lowry Clerk of the court of common Pleas in & for the County of Chautauqua, do hereby certify that the foregoing contains the original pro- ceedings of the said court, in the matter of the application of James Huston for a pension In testimony whereof I have hereunto set my hand

Under Seal of office the thirteenth day of Oct 1832 James Blonny Clerk
State of New York Chautauqua County ss James Huston being duly sworn deposeth and saith that he knows of no person now living who was with him in the service of the revolutionary war who can testify as to his services therein and that the persons named in his declaration above were his companions in arms and if living, he knows not where, and is wholly unable in pecuniary circumstances and bodily infirmity to make search for them and that he served faithfully the several periods as above stated
James Huston
Sworn to & subscribed
this first day of June
1833 before me
Charles D. Young J.D.

State of New York
Chautauqua County ss. I James B. Sonny Clerk of
the said County of Chautauqua Do hereby certify that Charles P. Young Esqr. before whom the within Affidavit purports to have been sworn, was at the time of taking the same one of the Justices of the peace in & for the said County and that his name subscribed to the said Affidavit is genuine Also that the papers hereto annexed contain the original proceedings of the Court of Common Pleas in the Application of James Houston for a pension as will appear by my hand & seal of office thereunto affixed referance being thereto had
Witness my hand and Seal of Office this first day of June in year eighteen hundred and thirty three James B. Sonny Clerk
Declaration of the of the Houston for pension under act of June 7. 1832 New York Militia etc
1847

16171
James Huston Chautauqua Co. N.Y.
Rolls - Spencer West May 9 '77. described 3rd ap. '79 -
George A Green Haysville N.Y.

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. These 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 James Heston of Poughkeepsie N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1776 Volunteer 5 fifer Capt Falconer Col Dubois Long Island White Plains Monistown 73 Ulster co N.Y. tradition   Drafted 1776 3 Capt Tilford Col M'Clusky Brandywine Germantown Shy Hill Saratoga   Volunteer 1777 2 do do   Enlisted 1 10 Capt Dallas Capt Loatill Col Speer  
I am, respectfully,
Some proof of so much service ought to be produced, as Command, are required to furnish the best evidence in their power
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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 } ss. County of }
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 day 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 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 the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable 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 provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on 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 now 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 services.  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 an 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, and 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 he 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 traditional 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 a Judge 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 that the signature annexed is his genuine signature.
No payments can be made on account of the services of any 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 the 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 assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably 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; otherwise a satisfactory examination of the 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 so 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, 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 recollection, 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."
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 that 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 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 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.
[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 no 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.
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 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 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 prove his service by two credible witnesses, 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 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.
[k] The notes from [a] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

John Huston son of Geo - Des Huston Amos W. Muzzy Power of Atty -
J. M. Smith July 1853 - Huntingdon Pa -

State of New York } ss- County of Chautauqua }
Be it Known, that on this second day of May A. D. 1854 before me, the under- A. Ledge signed, a Justice of the Peace, in and for the County and State aforesaid, personally appeared John Huston
resident of Mayville in said County, and made oath according to law that he is that one of James Huston who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 4
That he is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or ar- guments as my Agent may use in prosecuting said claim.
Countermanning and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint SAMUEL M. KNIGHT of Canandaigua N.Y. Washington City my true and lawful Attorney to prosecute the claim of James Huston for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or doc- uments in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate is now made payable at the Washington City D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
John Huston
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said John Huston to be directly interested in said claim as set forth, and to be the identical party therein alleged.
Charles Lewis Co. Judge
State of _____ } County of _____ }
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of _____ _____ that he is the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the 10 reputed soldier aforesaid. I further certify, that 11 Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this _____ day of _____ 185
1. Claimant's name or names in full.—2. Post Office address. 3. "That he is the identical man," or, "that she is the widow of the identical man," or, "that he or she is the legal heir of the identical man," &c., &c. 4. Leave this line blank.—5. "He is," "she is," or "they are."—6. Revolutionary soldier's full name.—7. Claimant's signature.—8. Claimant's name.—9. Magistrate's signature. 10. "Identical," "widow of," or, "child of."—11. Magistrate's name.—12. Clerk's signature.
N. B.—Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.

Acts of July 14, 1862, and March 3, 1873.
5440 P. O. _____ (Mrs. Husten) Service: _____
REJECTED
Enlisted: _____, 18 . Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____ _____
Attorney: _____
P. O. _____ _____ _____
_____ Recognized. _____ Contract.

New York Revol
James Huston Rejected
See letter to Geo: A Green 6 August 1833.
Act of June 1832
_____ 5440

Hon. J. L. Edwards Conc. of Seniors Washington D. C.

Wayville Chau. Co. Jan. 3 1833
Hon. J. L. Edwards
The suggestion made by you in regard to James Huston proving by the testimony of his services as a revolutionary soldier, I cannot but flatter myself will be waived, and not be a bar to his obtaining a pension. The proof is the best in his power. He is in firm and poor. Yet did he know that any of his comrades were living who could testify as to his services, exertions would be made to procure such proof, but he knows not where to look for them.
He is a very worthy man, and gives the most undeniable testimony of his services by his to recollection of the scars that transfixed while he was engaged in the revolution.
The objection noted I think completely obviated by the ribbon & the additional seal of the Clerk.
Yours Most obedt. Servt Geo. A. Green