Revolutionary War Pension and Bounty Land Warrant Application File R. 8453, for Moses Preston, New Hampshire

SERVICE
NUMBER _____
N. 16.
Preston, Moses Tempy
N. 8453 BLt 88011-160-55-
CONTENTS

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of Jan, 1832.
State of New York } ss. County of Allegany }
70 On this 25th day of Jan 1834 personally appeared before the Court of Common Pleas of Allegany County, Moses Preston, a resident of Grove in said County, aged seventy 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 Jan 7th, 1832. — That he enlisted in the Army of the United States in the year 1777, in the town of Chester, County of Rockingham and State of New Hampshire, the fore part of Jan, under Col. John Webster. — Stone was his Captain — in July he enlisted in a company commanded by Captain Stephen Dearbon, Col. Stickneys Regiment and General John Starks Brigade, for three months. John Underhill, was his Ensign, Jonathan Ross first Sergeant, and Perez Mann, William Gatt, John Barlett, Timothy Barlett, Robert G. Preston and William Coultrain, were soldiers with him. They marched from Chester to Newbury on the Connecticut River, from thence to Corinth, where they were stationed as a scouting party — They built a picket while there, and occasionally marched to Peacham, Onion River, &c, a scouting — at the time of Bennington battle, he was in the woods a scouting — Elliot was wounded in the battle and two of his company were killed to wit: David Lam and Zachariah Butterfield. He does not now recollect any thing particularly worthy of note that transpired during this service — was discharged, and went home, but took no written discharge. The whole term of service in this year was four months.

In May or June in the year 1780 he enlisted for seven months, at Chester, aforesaid, and his officers, who thinks were the same as those when he was discharged in 1777 — Jacob Elliot was his Lieutenant — They marched from Chester to Haverhill on the Connecticut River, called then the "Frontiers," and performed various military duty in that vicinity — frequently marched to Peabody, Berwick, Union River and other places as scouting, &c. — Nothing particular transpired in the campaign — We were called "Major Whitcomb's Corps of Rangers," he having the command of us at that time Samuel Reynolds was his Captain — He served his time out, and was discharged at Newbury in Vermont in January 1781, but did not receive a written discharge.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed, the day and year aforesaid.
Moses Preston
We Reuben Mudd, Samuel C. Jones residing in the town of Groton, hereby certify, that we are well acquainted with Moses Preston who has subscribed and sworn to the above declaration that we believe him to be seventy 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 2 nd day and year aforesaid of Jan 1834
Reuben Mudd Samuel C Jones

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 Reuben Nudd and Samuel C. Jones who has signed the preceding certificate, reside in Groton aforesaid, are credible persons, and that their statement is entitled to credit.
I Judson M. Sherman, Clerk of the Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Moses Preston for a pension.
In testimony whereof, I have hereunto set my hand, and seal of office, this 27 th day of June 1834.
J. M. Sherman Clerk

I Jacob Elliot of Chester in the County of Rockingham and State of New Hampshire aged seventy-eight years in November last past, do testify and declare that I entered the Army of the Revolution in July 1777, in the New Hampshire Militia, in a company commanded by Capt. Stephen Dearborn and Colonel Stickney's Regiment in General John Stark's brigade for the term of three months and marched to Bennington in the State of Vermont and was wounded in Bennington battle for which I now draw an Invalid pension Moses Preston then of said Chester and living within one mile of me, and was born and brought up there; enlisted or engaged in the same company and Regiment for three months and served out the campaign as a private soldier I further testify and declare that I was appointed and commissioned as a Lieutenant, I think in May 1780, and I enlisted said Moses Preston as a private soldier for the term of seven months, he and others marched with me, from Chester aforesaid to Hanover New Hampshire on Connecticut river, then called "the Frontiers" and performed military duty in that vicinity, to wit, at Corinth, Peacham and other towns in Vermont during the summer and fall of 1780 and said Moses Preston remained with me doing duty as a private soldier to January 1781, having served out said term of seven months for which he enlisted and was discharged at Newbury Vermont in January 1781. We were called "Major Whitcomb's Corps of Rangers" as he commanded us, Captain Samuel Reynolds or Rannels was our Captain, and I do not now recollect that said Moses Preston actually served more than the ten months before mentioned, but I have some faint impression that he went into the Army in 1778 but I cannot certainly recollect, said Moses Preston now lives in the town of Grove, County of Allegany and State of New York
Jacob Elliot.
State of New Hampshire Rockingham county Chester March 28. 1834. Then personally appearing the above named Jacob Elliot made solemn oath that the above deposition by him subscribed is just and true Before me Samuel Aiken Justice Peace
I certify that I am personally acquainted with the above named Jacob Elliot, and he is a credible witness, and his statement is entitled to belief
Samuel Aiken Justice Peace

State of New Hampshire Rockingham ss I the undersigned Clerk of the County of Rockingham aforesaid do hereby certify that Samuel Aiken before whom the within affidavit was sworn is a Justice of the Peace within and for said Coun- ty of Rockingham and that his signature to the certificate thereof is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court This 31 st day of March A D 1834
Isaac D. Dill Clerk of the Court Rockingham County

124.592 cash 3/55 Temper Preston, Dec 28/55 Temper Preston, W.G. Moses Preston, s.o. temper
Pris: Rev. War Willie EOT 1/78 102 L.W. " " Howard
Mrs. Apple rejected NY Rev. War
W: 160 Ag May 14/59 M. Spalding M. Spalding, B.
C Chas. Tucker Present
Set. C.C. Mckn. Feb 1/56 do same Aug 5/56 Same Dec - 21856 Same Sept 26/57 End
20
Vol 9 page 152.

State of Pennsylvania } County of Erie } On this second day of May A D 1855. Personally appeared before me the subscriber a Justice of the Peace within and for the county and state aforesaid. Tempy Preston aged 66 Years a resident of Union Township Erie County State of Pennsylvania, who being duly sworn according to law declares that she is the widow of Moses Preston deceased, who was a Seaman in the Company commanded by Capt in the Regiment of Vermont Militia Commanded by Genl in the war with England, declared by the then United Colonies of North America - commonly called the Revolutionary War, that he enlisted or volunteered at Chester in the state of Vermont on or about the Year A D 1781 or 1782, and continued in in actual service in said war, for the term of about six months, and was honorably in the state of New York on or about the Year A D 1782, for proof of his said husband services, she refers to his application made to the Pension Office at Washington D.C. for a Pension for said service which application now on file, in the Pension Office, since the Year A D 1836, has been rejected on account of there not being sufficient service (six months) proved has been suspended, she further states that she was married to the said Moses Preston, deceased in Benton, Yates County State of New York on the 4 th day of July A D 1823, by one Woodruff Esq. a Justice of the Peace and that her name before her said marriage was Tempy Barton that her said husband died at Geneseo, Livingston County State of New York on the 10 th day of May A D 1840 and that she

is now a widow. She makes this declaration for the purpose of obtaining the Bounty Land to which she may be entitled under the Act of 3 rd of March A D 1855. She further declares she never made application for nor received Bounty Land under this or any other act of Congress. She further declares that there is no public record, neither has she a certificate of her said marriage, and refers for proof of said marriage to the annexed certificate taken from the original, found contained in the Family Bible, now in her possession.
Penelope her Preston Mark
We William A Gillet and Laura Bigelow, Residents of Erie County State of Pennsylvania upon our oaths declare that the foregoing declaration was signed and acknowledged by Penelope Preston in our presence and that we believe from the appearance of the Applicant that she is the Identical person she represents herself to be
W m A Gillet Real Laura Bigelow Real
The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the affiants to be credible persons; that the claimant is the person she represents herself to be, and that I have no interest in this claim.
P. P. Hudson S.P.

3 Erie County State of Pennsylvania, SS
Personally appeared before me the subscribers a justice of the peace within and for the County and State aforesaid, Laura Bigelow and Wm A Gillett, to me well known as Credible persons, who being duly sworn according to law declared that the annexed certificate of the record, is a true abstract taken from the original, found contained in the Bible of Mrs Tempy Preston, and that we believe the original of which the following is a true copy - is genuine, to wit:
"Moses Preston Married to Tempy Barton July 4 1823"
Sworn & subscribed before me this 2 nd day of May 1885 P. P. Judson J.P.
off Wm A Gillett Seal Laura Bigelow Seal
Know all men by these presents that I Tempy Preston widow of Moses Preston deceased have and do hereby constitute and appoint Chas C Tucker of Washington D.C. and W.B. Beman of Watertown Wis Co Pa my Lawful Attorneys hereby authorizing and empowering my said Attorneys to obtain from the proper authorities at Washington D.C. or elsewhere Certified Copies of Army or Navy Records or documents in which my said husband's services may be recorded and to procure any and all other evidence that may be necessary to establish my claim for Bounty Land as fully as she might or could do if personally present revoking and counter- manding all other authority that may have been given for the above

Specified purposes, on the 2 d day of May A D 1855- before me the subscriber a Justice of the Peace in and for the County of Erie and State of Pennsylvania. appeared Tempey Preston, and acknowledged the foregoing Power of Attorney to be her act and to the end that the same might be recorded as such
Witness Present
Loanda Bigelow
Tempey he X Preston mark
Personally appeared before me the subscriber a Justice of the Peace, in and for the County of Erie, and State of Pennsylvania. The above named Tempey Preston and acknowledged, the above Power of Attorney to be her act and deed May 2 d A D 1855,
P. P. Judson J.P.
124.592 Bounty Land claim
Act of Mar. 3. 1855-
Tempey Preston wife of Moses Revolutionary Service
See Rejected claim act of June 7. 1832 of Moses Preston of New York
Chas. L. Tucker. Atty Present.

STATE OF PENNSYLVANIA, } Erie County, ss. }
I, A. King ..... Prothonotary of the Court of Common Pleas in and for the County aforesaid, do certify that J. P. Hudson ..... Esq., before whom the annexed Declaration Affidavit & Power of Attorney ..... taken, is now, and was at the time of taking the same, a Justice of the Peace, duly authorized to take acknowledgments of Deeds, &c., in and for said County, regularly commissioned and sworn, and to all whose acts as such full faith and credit are due, and that the same is executed agreeably to the Laws of Pennsyl- vania—and further that the signature of the said J. P. Hudson ..... to the said Declaration Affidavit & Power of Attorney is ..... genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the said Court at Erie the 3rd ..... day of May ..... A.D. 1855
A. King ..... Prothonotary.

Bounty land Claim Act 3 rd March 1855 additional enclosed
Semprey Weston widow of Moses.
No. 124. 592.
not paid file 10 Sep Mr Boynton
Lucker & Sligo Present.

State of New York Yates County, } To Abner Wood with being duly sworn deposes and says that he was on the 4 th day of July 1823 a justice of the Peace in and for said County of Yates duly elected commission and sworn as such. That upon the 4 th day of July 1823 he married Moses Preston to Emily Barton at the town of Benton in said County of Yates and further this deponent saith not. Given & subscribed before me this 16 th day of May 1857 A Woodworth James Van Alen justice of the Peace in & for Yates County
State of New York Yates County Clerk's Office } I Dennis B. Graham Clerk of said County and of the County Court of said County, being a Justice of Record do hereby certify that Abner Woodworth Esquire was on the 4 th day of July 1823 a justice of the Peace in and for said County, duly authorized by the laws of this state to solemnize and perform the marriage ceremony And I do further certify that James V. Van Alen Esquire before whom the above affidavit was taken was at the date thereof a justice of the Peace in and for said County, duly authorized to administer oaths and take acknowledgments that I have well ac- quainted with his handwriting, and verily believe that the signature to said affidavit is genuine In Testimony Whereof I have hereunto set my hand and affixed the Seal of said County at Parnell this sixteenth day of May A.D. 1857 Dennis B. Graham Clerk

31.208 Allison Instn
on roll of Capt. Samuel Armistead Company in 1780 time 4 mo & 12 days
d. c.
Northampton - Col Book 5-
84153
J. D. Chadwick Esq. Grove County of Allegany W. Va.

WAR DEPARTMENT,
Pension Office,
June 11. 1834
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 Moses Patton
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1799 - 4 - Private Colo. Webster & Stuckney. 70 His own Declaration   And 1780 - 9 - Private Captain Ston. Deacon, Reynolds. Lieutenant Jacob Elliot. Ensign John Muckelhill First Sergeant Jonathan Peab Gen. John Stark Robert Beckingham County New Hampshire and the affidavit of Jacob Elliot, his Lieutenant  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

Claimant is required to make out his declaration in conformity with the 2 following regulations
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 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

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 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 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 inquiry 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 [a] 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.

88,011 160 acres
New York Revolutionary Moses Dustin Rejected let to S. D. Chadwick July 10 th 1834 let to Hon P. C. Fuller Feb. 17. '35

124,592 } Ad-Mar 3 - 55- May 6. } " "
Temper Preston, mid Moses Preston acid priv
Rev. Warrington
Est- 1981
88.011 1/2 160
Original Brp. within
C.C. Lucker
Present

124592 Mrs. Preston due with Lemzy's Patent 1133 Maryland. Act 1855 additional Boylston Revolutionary
Wm. J. Munroe Commissioner of Pensions Washington D.C.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
8400
P. O.
Moses Preston
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized. _____
Contract.

Washington, June 24. 1856
Hon. S. Mannot
Commissioner of Pensions.
Sir,
I would respectfully call your attention to the suspended claim, No. 124.592, of Henry Preston, widower of Mrs. Preston.
Upon reference to the papers now on file in your Office, in which the soldier made application for a Pension under the Act of 1832, satisfactory evidence of his Revolutionary service may be found.
The claim was sent from New York.
Very Resp.
Your Ob't. Serv't.
Chas. C. Tucker.

Washington Dc. April 29. '89
Hon. Geo. L. Whiting Comm. of Pensions Sir
As directed Sept. 26. '87 are herewith enclosed testimony proving that Lemspiz Weston is the widow of the identical Moses Weston who in 1834. applied for a pension under the Act of June 1832 from Grand Allegany Co. N.Y.
Bounty Land Claim, Oct 1855.
Very Respectfully Your obed Servt Lucker & Bloch.

State of New York Wyoming County ss
Nathaniel H. Barton being duly sworn deposes & first knew Moses Preston in the year 1823 in the town of Benton in the County of Yates and State of New York I have repeat- edly heard him say that he was in the service of the Revolutionary War I knew of his applying for a pension in or about the year of 1834 in the town of Grove Allegany County and State of New York and from information I believe him Moses Preston to have been married to Fanny Barton and to my own knowledge lived with her as her husband twenty years or more and reared a family of children Nathaniel, H. Barton
Subscribed and sworn to before me this 24th day of December 1836
M. L. Werner Justice of the Peace in and for Wyoming County

Hunts Hollow N.Y. Apr. 1. 73
Free
Apr. 11 1873
Hon. S. L. Edwards, Pension Office Washington City D. C.

Groton, Allegany Co. N.Y. March 30, 1835
Hon. J. L. Edwards. Com. of Pensions,
Sir, Moses Preston who has petitioned for a pension wishes to have returned the affidavit of Jacob Elliot which accompanied his papers to the Department, as he thinks it may assist him in obtaining further testimony relative to his services.
Very Respectfully
Your Obt. Serv.
J. D. Chadwick.

State of New York } Livingston County }
The undersigned a Justice of the Peace in and for said County is well acquainted with the within named deponents, Cornelius L Allen & Betsy M Allen, and hereby certifies that they are persons of credibility, and their statements fully reliable
Thomas J. Lake
Justice of the Peace in & for said County
County Court Act 3 d Feb. 1855
oral evidence
Jeffrey Preston
Union of Nokes Preston
No 124. 832
Revolutionary War
Boyneton
Sncker & DeLoz City Present

State of New York } County of Livingston }
On this 16 th day of April, 1859.
Before the subscriber a Justice of the peace in and for said County and State personally came Cornelius Allen and Betsy M c Allen who being duly sworn according to law deposeth as follows to wit. That during the life time of Moses Preston (now deceased) that they were well acquainted with him. That they are also well acquainted with Emily Preston widow of said Moses Preston. And that she the said Emily Preston is an applicant for Bounty land for services rendered by said Moses Preston her deceased husband in the war with Great Britain with the United States. And that she the said Emily Preston is the widow of the Identical Moses Preston who applied for a pension under act of June 1832 from Grove Allegheny Co N.Y. in the year 1834. and that they have no interest in this claim.
Cornelius L. Allen Betsy M c Allen
Subscribed & sworn before me
April 16. 1859
Thomas T. Lake } Justice of the Peace of said County

No interest in this D. 1. 9. 1855
State of New-York, LIVINGSTON COUNTY CLERK'S OFFICE,
I, Chas Root
Clerk of said County and of the County Court thereof, DO HEREBY CERTIFY that Thomas J. Lake Esquire, was at the date of the foregoing or annexed Affidavit, a Justice of the Peace in and for said County, duly qualified and authorized to take the same; that I am well acquainted with his hand writing, and verily believe that the signature of said Justice subscribed thereto, is genuine.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said Court and County, this 18 day of Apr A. D. 18 54
Chas Root CLERK
are persons of credibility, and their statements fully reliable
Thomas J. Lake
Justice of the Peace in & for said County
County Court Act 3. Feb. 1855
oral evidence
Jeffrey Preston
Union of Lake Preston
No 124. 532
Revolutionary War
Boynnton
Yucker & DeLozer atty present

N o 124,592
Suspended
Bounty Land Claim
Act of Mar 3. 1855
Jenny Preston widow of Moses
N o 124 592
Not an Annuity Nov 19/56
Adal EW Charged to Poygan Jan 7 9/56
Chas. B. Tucker Present.

Frank County Pa State of Pennsylvania
I P P Judson, a Justice of the Peace within and for the County aforesaid, Certify, that the following is a true and correct copy of the Family or Private Record, taken from the original, contained in the family Bible, of Moses Preston, the deceased soldier, whose widow Tempy Preston is the applicant for bounty land warrant under act of 3 rd Mar 1855
Copy
Moses Preston married to Tempy Preston July 4 th 1820
P. P. Judson J.P.
Personally appeared before me P. P. Judson a Justice of the Peace, Tempy Preston who being duly sworn according to law declares that she is the widow of Moses Preston decd, who made an application for bounty land under act 3 rd Mar 1855, that to her knowledge, there is neither in any public Record of her marriage with Moses Preston the decd, that the above is a true copy of her Bible or family Record, and that to her knowledge no other Record evidence of her said marriage existing she further declares that she is still the widow of Moses Preston the said soldier as unmarried.
Sworn and Subscribed to before me this 16 th day of Sept
1856
P. P. Judson J.P.
Tempy Preston Mark
In Court at E.

STATE OF PENNSYLVANIA, } Erie County, ss.
I, A. King Prothonotary of the Court of Common Pleas in and for the County aforesaid, do certify that J. P. Hudson Esq., before whom the annexed Certificate & Affidavit New Made taken, is now, and was at the time of taking the same, a Justice of the Peace, duly authorized to take acknowledgments of Deeds, &c., in and for said County, regularly commissioned and sworn, and to all whose acts as such full faith and credit are due, and that the same is executed agreeably to the Laws of Pennsylvania—and further that the signature of the said J. P. Hudson to the said Certificate & Affidavit is genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the said Court at Erie the 20th day of September A. D., 185 6
A. King Pro.