I give it in like manner to her fourth son. But if my daughter Margaret Moffat shall have no sons but daughters then I give bequeath and devise the said one half of my said Plantation of Stonefield to oldest daughter of my daughter Margaret Moffat and if she dies without lawful issue then I give bequeath and devise the said one half of my said Plantation of Stonefield to the second daughter of my daughter Margaret Moffat and to the heirs of her body lawfully begotten forever to be equally divided quantity and quality. But if she dies without lawful issue then I give and devise the said one half of my said Plantation of Stonefield as aforesaid to her third daughter and to the heirs of her body lawfully begotten and in like manner as aforesaid I give bequeath and devise my said Plantation of Stonefield that is the aforesaid one half of my Plantation of Stonefield being divided quantity and quality I give and bequeath it in like manner as aforesaid to the oldest surviving child of my daughter Margaret Moffat and to the heirs of its body lawfully hegotten forever. And it is my Will still that the Male child inherit before the female.

"But if all the children that my daughter Margaret Moffat shall have, die without issue lawfully begotten then I give and bequeath my whole Plantation of Stonefield to my grandson John Galatian and to the heirs of his body lawfully begotten forever But if he dies without issue lawfully begotten, then I give and bequeath my whole Plantation of Stonefield to my grandson David Galatian and to the heirs of his body lawfully begotten and if he dies Without lawful issue then I give my Plantation of Stonefield to the oldest surviving child of my daughter Hannah Galatian and it is my Will that the Male child shall still inherit before the female.

"Also, I give and bequeath to the oldest son of my daughter Margaret Moffat my Negro-Boy Peter and to the heirs of his body forever. But if he dies without lawful issue then I give him to the second son of my daughter Margaret Moffat and to the heirs of his body lawfully begotten, and if he dies without lawfull issue, then I give him to the third child of my daughter Margaret Moffat.

"And I make, constitute and ordain Mr. Jacobus Bruyn of Shaugham and Michael Jaction of Goshen Esqrs and my son in law John Moffat, minister of the Gospel at the Wallkill, my only and sole executors of this my last will and testament in trust for the intent and purposes in this my last will contained, and I do hereby utterly disallow revoke and disanul all and every other former testaments, wills legacies and executors by me in any ways before this time named, willed and bequeathed -ratifying and confirming this and no other to be my last will and tes

tament.

"IN WITNESS WHEREOF I the said John Little have to this my last Will and Testament set my hand and seal the day And year first within written

JON. LITTLE (L. S.)

"SIGNED, SEALED AND DELIVERED, published, prouounced and declared by the said John Little as and for his last Will and Testament in the presence of us who were present at the signing and sealing thereof. The words [Heir] in the tenth line, and the word [begotten] in the Eleventh line and the words [shall have] in the twenty third line [dies and Issue] in the thirty fifth line of the second page have been all interlined before the signing sealing and delivery of these presents.

ALLEXANDER KIDD,
JAMES HUNTER,
JOHN WHARREY.

N

PART V.

The family during the Revolution.

ONE of John Moffat's descendants served in the continental army during the Revolutionary War. Of the three sons, John Little (born 1753) and William (born 1755) were old enough to have served from the commencement; and Samuel (born 1761) was old enough to have served during the later years of the war. But their tastes and their daily pursuits, whatever those pursuits may have been, were evidently such as to lead them in other paths, and the military service of all three seems to have been confined to that which was afforded them as officers in the "Association of Exempts" of New Windsor Precinct.

Early in the war, the legislature of New York passed an act (Laws 1778, chap. 33) for the establishment of the militia of the State on what was conceived to be an effective basis. After a preamble reading as follows:

"Whereas it is become the duty of the legislature of the State to put the militia thereof on such an establishment as will most effectually encourage a martial spirit among the people; provide for the internal and external security of the State; and enable it most vigorously to co-operate with the other United States in a cause no less noble and exalted than the defence of the common rights and liberties of America against hostile tyranny and oppression,"

this measure enacted that every able bodied male person (Indians and slaves excepted) between 16 and 50 years of age should immediately tender himself for enrolment as of the militia of the "beat" wherein he should reside.

Each person so enrolled was required, within twenty days. after his enrolment, to provide himself at his own expense "with a good musket or firelock fit for service, a sufficient bayonet with a good belt, a pouch or cartouch box containing not less than sixteen cartridges suited to the bore of the musket or firelock, each cartridge containing a proper quantity of powder and ball, or, in lieu of such pouch or cartouch box and cartridges, with a quantity of powder and ball, respectively disposed of in a powder horn and shot bag, and wadding, equivalent to such cartridges, and two spare flints, a blanket and a knapsack, and [to] appear,

54

so armed, accoutred and provided when called out to exercise or duty as hereinafter directed, except that, when called out to exercise only, he may appear without blanket or knapsack," etc.

If any one should be too poor to equip himself as provided in the act, the cost of his equipment was to be provided, first, out of the fines levied in the regiment to which he belonged and if that fund should be insufficient then out of the "public magazines of stores of this State."

The act then proceeded to organize the militia as follows:

A brigadier general for each county of the State, having the "rank, authority and command in the militia of the State like as a brigadier general in the army of the United States of America," except that, unless in the field, his command should not extend beyond his own brigade.

Instead of brigadier generals, "colonels-commandant" could be appointed "by and with the consent and advice of the council of appointment," with like rank and authority.

Each regiment was to be commanded by one colonel, one lieutenant colonel and one major, provision being made for two majors in case of necessity.

Each company was to be officered by one captain, one first lieutenant, one second lieutenant and one ensign,-all as commissioned officers,-and by four "sergeants," four corporals, one drummer and one fifer, to be appointed by the captain or other commanding officer of the company.

The staff of each regiment was to consist of one adjutant and one quarter master, each ranking as first lieutenant.

And there were other provisions of the act as to "troops of horse" and "companies of grenadiers."

The act further provided that "on every emergency of a sudden invasion by the enemy or insurrection within this State," the commanding officer of any brigade, regiment or company, as the case might be, should immediately call out his command, each one so called out to receive pay and rations "according to the continental establishment," except that no member of the militia could be required to do duty out of the State for more than forty days.

The act next provided for the formation of what were called "Associations of Exempts," as follows:

(1) All persons under the age of 55 years who had held civil or military commissions and were not or should not be reappointed to their respective ranks of office; and (2) all other persons between the ages of 16 and 55 years, who might associate themselves as below, were to be exempted from serving as part of the enrolled militia of the State, if within eight weeks after the passage of the act they formed themselves into "voluntary "associated regiments or companies, according to their number "in their respective counties, and recommended those whom they "would have as their officers." The act provided that upon such recommendation the governor or commander in chief for the time. being should, with the advice of the council of appointment, issue commissions accordingly.

"The substance of such association," the act declares "shall be that the associators will severally on all occasions obey the orders of their respective commanding officers and will in cases of invasion or incursions of the enemy or insurrections, march to repel the enemy or suppress such insurrection, in like manner as the enrolled militia are compelled to do: So as that they shall not when called out in detachments be annexed to any other regiment or company or be under the immediate command of any other than their own officers."

By chapter 13 of the Laws of 1779, passed October 9th, 1779, it was provided that instead of limiting the service of militiamen out of the State to forty days, as theretofore, they might be required to serve out of the State for as much as three months, and that associated exempts might also be called into actual service. The act read in part as follows:

* *

"Whereas the commander-in-chief" (that is, of the militia of the State) "may soon judge it proper to order a great part of the militia to take the field for actual service * the commander-in-chief shall be authorized to call into actual service such proportion of the corps of associated exempts as he deem to be necessary."

In 1780, as the troubles thickened, another act was passed (Laws 1780, chap. 55) which reorganized the militia in many particulars. It commenced with solemn preambles, as follows:

"Whereas the wisdom and experience of ages point out a well regulated militia as the only secure means for defending a State against external invasions, and internal commotions and insurrections,

"And whereas this, and the other United States of America, are now invaded by foreign enemies, and the safety of this State may be endangered by intestine commotions and insurrections,"

and, after providing for sundry changes in the rank and authority of officers, enacted that the commander-in-chief for the time being should have power and authority from time to time, in his discretion,

"to order out the whole or any part of the associated exempts and enrolled militia of the State into actual service, not only for the defence of this State, but to give assistance to any other of the United States, or to reinforce the army of the United States, or any part thereof; and the associated exempts shall be called out in rotation so as to do their equal proportion of duty with the enrolled militia, as nearly as may be * * and to cause each of them to march out of this State for either of said purposes,"

provided they should not be required to do duty out of the State for more than forty days at any one time.

The Associated Exempts, as such, seem to have passed out of existence by 1786. In an act entitled: An act to regulate the Militia, passed on April 4th of that year (Laws 1786, chap. 25), no reference was made to the exempts, and all prior acts relating to the militia were repealed. The act of 1786 ordained that each company of militia should have not less than 65 privates; that each regiment should be commanded by a lieutenant colonel and have two majors; and that the regimental staff should consist of one adjutant, one quartermaster and one paymaster, all to rank as lieutenants, and one surgeon and one surgeon's mate.

The uniforms of officers were also prescribed, as follows: For general officers: dark blue coats with buff facings, linings, collars and cuffs; yellow buttons; buff underclothes.

For regimental officers of infantry: dark blue coats with white linings, collars and cuffs; white buttons; white underclothes.

For non-commissioned officers and privates of infantry: dark blue coats with white lining, collars and cuffs; white underclothes.