Kildalton, Argyll Livingston/es

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blivingstone148
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Re: Kildalton, Argyll Livingston/es

Post by blivingstone148 »

Thank you John and Donald!

This has all been great information. I do still have the book Edwin compiled and will look into it and get you some more info. If I recall correctly, I am descended from Duncan and as far as I know my livingstone line has remained in Ontario until my father moved to the U.S. where I was born in Baltimore, MD. What I do recall from Edwins book off the top of my head is that Daniel returned to New Jersey and lived in Basking Ridge, NJ until he received land grants in NY. I have reached out to the presbyterian church in Basking Ridge to see if they still have records. If I remember correctly, Edwin seemed to believe that Daniel met his wife in Basking Ridge.

You bring up an interesting point with Daniel actually joining the Montgomery Highlanders and not the Fraser's highlander which is what I originally thought. i will look into Edwins book this weekend, any thing you would like me to look for?

Thanks
Canadian Livingstone
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Joined: Wed Jul 15, 2009 9:00 pm

Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,
John an I appreciate you sharing your information and Livingston family history with our Clan Society.
Can you confirm from the booklet that Edwin Livingston stated that Daniel served in Frasers Highlanders during the 1750's and 1760's during the French and Indian Wars in Colonial America?
I would be interested also in what he had say about his military land grant and subsequent settlement in the 1760's after completing his military service in the colonies in the Vermont/Ny area. I have a general idea where he received land but with border changes between Vermont and NY there was some confusion created about him residing in part of Vermont near the Ny border if I am not mistaken which later became New York State territory. Never quite figured it all out, but I think that is what happened.

I think Edwin's booklet was the source on the info regarding him serving with Fraser's Highlanders. I am pretty certain Edwin did not mention 'Montgomery Highlanders" which is interesting because it is mentioned if I recall correctly in his Upper Canada land petition record circa 1790's that are located in the Ontario Archives. . Frasers were one of the well known of the Highland regiments. Daniel definitely served twice in the military; as a young man apparently with Frasers Highlanders the 78th regiment according to an orignal land grant issued to him in 1765 that had later been in possession of his eldest son John and included in John's later land petition to the Government of Upper Canada. This clearly shows that his father referred to a Donald rather than Daniel LIvingston as a former member of the 78th regiment (Frasers Highlanders) having served in t he French and Indian Wars received a military land grant in 1765 for land located on the east side of the Hudson Rive in what was then still a part of the undivided old ALbany County but by the 1770's part of Charlotte County, NY and after the Revolutionary War part of Washington County, NY. He and other British soldiers many of them apparently with Montgomery's Highlanders were given the option of remaining in America with a military grant I think in the 1760's in the Vermont or neighbouring Argyll Township NY area. Then by the time of the Revolution, Daniel Livingston had to choose a side and like many of the highland Scots who had served in the years before with a British highland regiment in America, many of them supported the loyalist side of the conflict rather than go with the rebels, much to the annoyance of their neighbours. Daniel according one of his Upper Canada land records then joined as a loyalist with the British Army in their NY campaign under General Burgoyne in 1777 which turned out to one of the worst disasters in British military history as Burgoyne waited for additional support that never came and his troops soon became surrounded and trapped by the Americans and General Burgoyne was compelled to surrender. The regiment number he give in his subsequent petition for a U.E land grant in Upper Canada the 70th or 78th does not seem to correspond accurately with a number of a British regiment involved in the New York Campaign of 1777 serving under General Burgoyne unfortunately.

I might be more help to you if put together an ancestral list from your great-grandfather as far back as you can go and then I can see how far back I can go with it and if I add anything to it. Duncan had several sons, some of them with non Scottish names like Simeon as I recall. I used to have the list around but your Edwin Livingston booklet probably had all of them listed. Not sure if I ever posted the names in a discussion here but others may have in the past.


This was some info that the late Roberta Livingstone of our Clan Society posted several years ago, that you are likely familiar with:


Daniel Livingston b. April 4, 1731; Alias Donald/Livingston------------brother of Donald b. March 26, 1750
Death: Abt 1793 in Augusta Twp., Leeds Co., Ontario. Killed by a falling tree.
Event: Military 1777; Loyalist soldier in the Revolutionary War
Immigration: Sailed from Greenock, Scotland as a private in the Fraser Highlanders, the famous old 78th Regiment of Foot.
He arrived in Nova Scotia in 1757. For his service, in 1765 he received a grant of land from the Crown in what is now Rupert Township, Bennington County Vermont.
but what was thought to be the Government of the then Province of New York to be within the Eastern boundary of then Argyle Township in old colonial Albany County, NY.

(I think some of this info that Roberta located originated from the Edwin Livingston research.) Donald
(He seems to have received his military grant from upon completing his service during the french and indian wars, apparently sometime in the 1760's in what was then in Vermont, but before the Revolution it is stated that he living in New York Colony so this has always confused me) Donald

Both the 77th Regiment Montgomery's Highlanders and the 78th regiment Fraser's Highlanders consisted largely of conscripted highland Scots and both regiments served in Colonial America during the French and Indian Wars.


http://www.gaspejohnpaterson.ca/pages/77regiment.pdf
From this:
"At the conclusion of the war, all the officers and men in Mongomery's* and Fraser's regiments who chose to settle in America were discharged, each receiving a grant of land in proportion to his rank; the rest were sent home and discharged in Scotland."




regards,

Donald
Canadian Livingstone
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Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,

Refreshing my memory a bit today and looking back at 2012 discussions, the info regarding Daniel Livingston serving in the French and Indian Wars was mentioned by Daniel in a Military Service record I located around 2012. Here I mention the date of that record. He mentioned in another document his Upper Canada land petition that served with the British Army during American Revolution with General Burgoynes forces in New York in 1777 in the 70th or 78th regiment of foot and that may be where Edwin Livingston got mixed up.

Hi Barry,
I think that Daniel Livingston can be safely considered to be the first documented highland Livingston to settle in Upper Canada by the 1790's or 1780's following the end of the Revolutionary War and Daniels and sons departure from their home beleived to have been formerly in Argyll Township, Charlotte County, New York State.
Daniel Livingston was definitely a highland Livingston recruited firstly in the 1750's for the French and Indian Wars and served with the 77th Regiment known as Montgomery Highlanders according to his May 23, 1798 certificate of military service which was submitted to the Government of Upper Canada at that time as proof of his Loyalist land grant status I assume and it should be noted that this record mentions Argyll Township and the petition Charlotte County as his former residence in New York State and this is precisely where the 77th regiment officers and enlisted men received a land grant around 1764. The regiment disbanded in 1763 or 1764. In 1763 the King proclaimed that all those officers and soliders who had participated in the French and Indian War could if they wish remain in America and receive a grant of land without any fees. I think the highland settlements of the 77th were in Washington County but this became Charlotte County.

WIth the outbreak of hostilities with the British Government in the 1770's by he American Colonists, the more recently arrived highland settlers in Charlotte County found themselves harrassed by Ethan Allen and other American settlers who had settlement issues with the highland settlements. When the Revolutionary War broke the highlanders had to choose sides and Daniel Livingston and a number of others apparently at this point joined up with the loyalists and British Army. It looks like he is saying that served with a division of the British 78th regiment of foot during the Revolutionary War period and in 1777 with Burgoyne in British armies Northern Campaign. The Frasers Highlanders however reformed with a new number by the time of the Revolution and were at the time of the Battle of Saratoga known as the 71st regiment and no longer known as the 78th as they had during the 1750's and 1760's. So perhaps he meant that he served in the 71st and mistakenly referred to them by the old number of the 78th as were known before the American Revolution or he served in the 78th as he seems to state. The 71st formed from the old Frasers Highlanders seems to have been with Burgoyne in his New York Campaign so perhaps that he who he meant and referred to them as the 78th in his Upper Canada land Petition.

Oddly enough the family tradition is that he served in the French and Indian Wars with Frasers Highlanders the 78th regiment but his military certification record and the location where he appears to have settled after the French and Indian Wars in New York clearly indicates that he was with the 77th regiment Montgomery Highlanders. I am going to eventually take another look at the family history written by his descendant a few decades ago and see if I can figure out whether or not he missed the 1798 certificate verifying his service with MOntgomery Highlanders (the 77th regiment) in the French and Indian Wars. It looks to me like and error. The original New York land Patent by the King and the Government of New York 1765 to Daniel Livingston should in theory exist somewhere and I bet it will clearly state some info on what regiment he served which will help to sort this out. My sense so far is that this document and land patents etc for Daniels land in New York before he came to Canada may be in the main ALbany County Library in Albany or their archives in ALbany, NY. It may take some time to locate these documents but I have been thinking about making an effort to retrieve them for a few years now so perhaps I will consider doing so in the near future. I am pretty certain so far from the Upper Canada records you located however that Daniel Livingston who petition the Crown for land in Upper Canada in the 1790's was one of the Highland Soldiers from the 77th Montgomerys Highlanders who in the 1760' settled in Argyll Township in Charlotte or Washington County, NY. Now the family account mentioned his original lot in Vermont. There was a dispute with the Vermont settlers over whether the highlanders were residing in New York in Vermont territory so it was not clear to me whether Daniel's lot was actually in New York or Vermont and perhaps to others researching Daniel's life. Anyways so far it looks like I will find information the 1764/1765 land grant in New YOrk State rather than Vermont and I will sort out the New York or Vermont issue later.

regards,

Donald
Canadian Livingstone
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Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,
An important Update on the research of Daniel Livingston
Here are the three documents I was talking about, circa the 1790's from Upper Canada which give details of Daniel Livingston's earlier life in America and his military service which were submitted to Government of Upper Canada and supported Daniel's request for a land grant as having been a Loyalist in America and having served in British Army before and during the Revolutionary War. One document dated May 23, 1798 is a Military Service Record written to support his request to be official recognized by the Government of Upper Canada as an AMerican Loyalist during the REvolution in America and eligible to receive a loyalist land grant and the other document his Upper Canada Land Petition also from 1790's. This record acknowledges both Daniel's military service during the Revolutionary War with the British Military in one of the regiments which served in the New York Campaign of 1777 under British General Burgoyne that later that year defeated and many of men taken prisoner by the Americans. I should note that Daniel does not state that he was captured and suffered imprisonment nor does it state he was at the final battle at Saratoga in 1777. I would think he would have included that information to get sympathetic treatment from the Crown and to help guarantee that his petition for land in Upper Canada was accepted. His other sons petition the Government of Upper Canada as well, but John Livingston's are the most interesting in that they include additional details and documentation regarding his father's earlier history in American before and during the Revolution that can't be found anywhere else.
In this petition document to the Government of Upper Canada, Daniel Livingston Sr. states that he served in the 78th regiment of foot and prior to arriving in Canada his place of residence was Charlotte County, New York State.

To the Honorable Richard Duncan, Justus Sherwood and John Munro Esquire

The Petition of Daniel Livingston 1789
Late of Charlotte County and Province of New York
Most Respectively
Sheweth
That your Petitioner has served seven years in his Majesties 78th Regiment of foot now begs leave to become (a) settler on his Majesty's vacant land ____ for the _____ of Loyalists
Your Honor, Petitioner ___ leave to observer that he joined the Army under the Command of General Burgoyne whom your ____ continued during that Campaign but from ____ and unforeseen misfortunes was unable to leave the Country where I rendered every _____ ___ to HIs Majesty's subjects that was in my power therefore your Petitioner ___ humbly begs the Board with their blessing to take my ____ under their
___ consideration and grant such ___ portion of land their ___ as they shall think ___ and their ____

In duty bound shall ever pray

Daniel Livingston

1793

The Petition of Daniel Livingston late of the State of New York most humbly sheweth that your petitioner is of good character and wishing to become a a subject to his Majesty's ________ may he be indulged with 200 acres of land and prays it may be granted to him


Now it seems that Daniel Livingston Sr. died not long after he completed his Upper Canada Land Petition, apparently sometime in 1793, hit by a falling tree. The next records of interest are from 1798 when Daniel's eldest son John Livingston is petitioning for his father and himself to put on the U.E. list.

1798 Daniel Livingston's eldest son John Livingston of Augusta, Grenville County, Johnston District, Upper Canada
The next record is a brief petition of Daniel Livingston's eldest son John Livingston requesting for he and his late father be put upon the U.E list. It appears that John had a certificate of military service included pertaining to his father's military service done in 1798 a few years after Daniel Livingston's death inseeking to have his late father Daniel and himself recorded on the U.E. List as United Empire Loyalists. John includes with his petition at this time a certificate from the Johnstown District Justice of the Peace Alexander Campbell verifying Daniel Livingston Senior's military service with the British Army both before the Revolution and during the Revolution in America to help verify his father's military service.

John Livingston Memorial July 26,1798
"to be put upon the U.E. List"


May 23, 1798 Military Service Certification Record of Daniel Livingston Elizabethtown, Upper Canada

Elizabethtown May 23, 1798

This may certify that Daniel Livingston Senior a native of Scotland, came out to America last French War as a Soldier in Montgomery's Highlanders. After the Revolution he made the Township of Argyll (New) York Government his place of residence, being a great Loyalist (he) joined His Excellency General Burgoyne's Army in the year 1777 and being ___ at the Quarter _____ ______ at New Johnston Eastern District was neglected having his name inserted as U.E (United Empire Loyalist) although a man who ought to have received the height of attention from the British Government. Said Daniel Livingston has a son smart ____ _____ for Country _____.

Alex Campbell JP.


That year 1798 Daniel's son John Livingston received 200 acres of land in Kitley Township in the Johnston District of Upper Canada from the Government of Upper Canada.

It gets more interesting upon study of the old documents pertaining to this Livingston family.
Later in 1836 when the elder son John Livingston agains petitions the Government of Upper Canada he includes some of his later father's old documents from Colonial New York days with documentation indicating that during the French and Indian Wars he actually served with the 78th Regiment the Frasers Highlanders rather than the other highland regiment Montgomery's Highlanders. Could the Justice of Peace Alexander Campbell in 1798 got mixed up or did in fact Daniel serve both with Fraser's Highlanders and the Montgomery Highlanders. Soldiers from both Fraser's Highlanders and Montgomery's Highlanders received land grants in New York Colony in the years following the peace treaty of 1763.

More later.
blivingstone148
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Re: Kildalton, Argyll Livingston/es

Post by blivingstone148 »

Hi Donald,

Once again, thank you for the info. I did indeed find Edwin's book and, I will look again, it seems that he has under the impression that Daniel served under the Fraser's Highlanders with no mention of Montgomery. I am reaching out to the historical society of Basking Ridge who would very likely have some interesting info since this is the time period between his land grant and military service. Hopefully it will yield positive results.

Interesting note, Edwin's research points to Daniel been given land in today southern Argyll, NY with no mention of Ethan Allen coming through there. It does mention that after the Revolutions beginning that he received another land grant close to today's Rutland, VT (date escapes me at the moment) and from there Ethan Allen's actions convinced him to move to Ontario.

I will look through Edwin's book again for
- Family tree for Duncan
- Find reference to Montgomery's Highlanders
- Dates for the time in Rutland, VT

Thanks
Canadian Livingstone
Posts: 2770
Joined: Wed Jul 15, 2009 9:00 pm

Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,

Actually the actions of Ethan Allen was years before Daniel and his sons left for Canada just before the outbreak of the Revolution. Daniel and his family were just in this case I think in the wrong place at the wrong time.Ethan Allen and his men were harassing settlers for their own motives and interests before the Revolution and I think objected to the settlers in what they considered their territory. I have an account of Ethan Allen and his group's harassment and territorial disputes prior to the Revolution with settlers. It was some sort of territorial dispute or something like just prior to the Revolution.

No it was the general treatment of most of the remaining Americans who were or had been loyalists to Great Britain in America during the War, those who hadn't already fled to Canada in the 1780's and the Government of Upper Canada offering generous land grants to those Americans proven to be legitimate American Loyalists, I think you will find probably motivated Daniel and his sons years after the end of the Revolution, in the 1790's to leave New York State for Upper Canada. Loyalist coming up from the States and intending to settle in Upper Canada in the 1790's had to provide some sort of documentation proof of their military service to be officially recognized by the Government of Upper Canadian "U.E" settlers United Empire loyalists. It became an honourable title in Canada to be of UE United Empire Loyalist origin. The British Government felt obligated to reward and compensate those individual American colonists and their families who had served their interests in America and ultimately suffered greatly with the loss of all their property and wealth in America with the British defeat in America.

THe interesting thing to note about Daniel is that he and some Loyalists went back to New York State following the War and remained there for several years and attempting to go on with his life as it had been before the Revolution before apparently deciding to leave sometime in the 1790's for Upper Canada. I think he was what they call here in Canada, a "late loyalist" . THe earliest loyalists were American born soldiers and and their families who had served with loyalist militias with the British Army settled in Canada following the end of the Revolutiony war in 1783. If I understand correctly Daniel and his sons quietly returned to New York State following the War in the 1780's and tried to restablish themselves there which was difficult for loyalists as they were looked with disdain and in many cases persecuted by their former neighbours and government officials for having sided with the British during the Revolution. The more courageous of the loyalists attempted to return to their lives as they were before the Revolution in America, but many of them simply found themselves unwelcome and having in many cases their property taken from them and forced out of their homes, they were compelled to go to Canada or Nova Scotia in the 1780's. Loyalists were considered by their neighbours and by the State government as traitors and there was very little respect or sympathy for them in post revolutionary war America. SOme like Daniel lasted a little longer in New York State, but with the incentive of generous land grants and the chance to live under British rule, many loyalists or children of loyalists that had not earlier left for Canada in the 1780's did so in the 1790's. Children of loyalists were eligible for a generous land grant in Upper Canada having proven that their father had served loyally in an AMerican loyalist militia or in a British Army regiment during the Revolution. So you will find that Daniel's sons also submitted their own Upper Canada land petition at the same time as their father did.

Sorry I forgot this interesting detailed summary of the history of the 77th regiment Montgomery's Highlanders and just added to one of my previous postings on the 77th. Here it is again in case you don't notice it:

http://www.fifedrum.org/crfd/images/D77F.htm
regards,

Donald
Canadian Livingstone
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Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,
Interesting that Daniel Livingston is connected to a bit of history.
Here is an article on General Burgoyne



https://en.wikipedia.org/wiki/John_Burgoyne

regards,

Donald
Canadian Livingstone
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Joined: Wed Jul 15, 2009 9:00 pm

Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,

Had to refresh my memory on what I had found out the Ethan Allen connection with Daniel Livingston. Here back in 2012 I take about it:


Hi Eric,

The early information on Daniel in New York State mentions Salem and Greenwich and Argyll Township in Charlotte County later to become Washington County after the Revolutionary War. Greenwich was originally part of Argyll Township so that makes sense. A while back I mentioned that a document included in Daniels 1793 petition for land in Upper Canada states that Daniel as a young man served in Montgomery`s Highland Regiment during the French and Indian Wars of the 1750`s and early 1760`s. My research indicated that officers and enlisted men were offered land grants in Argyll and nearby Hebron Township and elsewhere in Charlotte County after the regiment had disbanded around 1763. There is information that Daniel was residing near the Salem area in 1771 and was forced to seek the protection of the Presbyterian church community in Salem when Ethan Allen and his Green Mountain were making raids in the area. Ethan Allen and others in the Vermont area had some sort of land dispute with those in the Salem area and other nearby communities. Scottish settlements in Washington County (Charlotte County then) were among those attacked. Allen later considered to be a famous hero of the American Revolution is known to have used intimidation and force to remove settlers in 1771 from disputed terrritory in the then colony of New York.

According to J. P. Maclean`s book Àn Historical Account of The Settlements of Scotch Highlanders in America Prior to the Peace of 1783`,
regarding the 1771 disturbances by Ethan Allen and his men:

``Charles Hutchison, formerly a corporal in Montgomery`s Highlanders testified that Ethan Allen and eight others on the above date (October 29,1771)came to his residence of New Perth and began to demolish it. Hutchison requested them to stop, but they declared that would make burnt offerings to the gods of this world by burning the logs of that house. Allen and another man held clubs over Hutchison`s head ordered him to leave the locality and declared that in case he returned he should be worse treated. ``

So while we dont know the original source of the information that Daniel and family was removed from their farm near Salem, NY in 1771 by Ethan ALlen and his people, we do know he would in all likelihood in the vicinity when these raids by Ethan Allen was being made and when Scottish settlers were being forced from their land. Daniel later states that after the Revolution he was residing in Argyll, Ny before coming up to Canada which may well have been the part of Argyll that became known as Greenwich,NY. And in the 1760`s and 1770`s he appears to have been located elsewhere in Charlotte County (Washington County) possibly on his military land grant from the 1760`s which seems to have located close to the settlement of Salem, NY. In 1783 there is purchase of land in Argyll New York State by a Daniel Livingston which is probably Daniel before he came to Canada unless it was his son Daniel Jr.

The Maclean book which I have interestingly mentions an Isabella Livingston a land grantee on a lot 65 òriginally belonging in Argyle township but now forming part of Greenwich. The lists include grantees in the Township of GReenwich and those in Salem but it is not clear to me if these were the original grantees or when after 1764 these persons resided on the land. Nor do I know who Isabella Livingston was or if she was connected to Daniel Livingston. But it is interesting that a Livingston is mentioned in the Greenwich area. Anyways Daniel and family seem to be connected to this Salem and Greenwich and the Argyll area of what became Washington County, NY and the before the Revolution known as Washington County, NY.

regards,

Donald
Canadian Livingstone
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Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,

Here is Chapter 7 of the old J.P. McLean book Scottish Settlements in America which provides some interesting details regarding the Scottish highland in the Argyll, New York area in the 1700's and Ethan Allen's land dispute which led to confrontation with some residents caught in Vermont Ethan Allen's land dispute with New Yorkers including the story of a former highland soldier from Montgomery's Highlanders who had his farm destroyed in 1771. Ethan Allen first loyalty seems to have been to Vermont and in the years before the Revolution he and his Green mountain folks were focused on a land dispute with these settlers rather than anti British sentiments. The story of how this land dispute with Ethan Allen came about is rather interesting in itself. This chapter begins with a discussion of the earliest highland Argyll settlement established in the area back in the 1730's. I believe there was one Livingston family that settled there at this time but I don't think that there was any connection to Daniel who likely just settled in the area because he and other former members of Montgomery Highlander's received their land grant in this area of New York Colony.

The last part of this Chapter 7 briefly mentions the settlement in the Salem area by former members of Montgomery's Highlanders. This ties in nicely with what is known about Daniel Livingston's settlement location.

http://www.electricscotland.com/history ... apter7.htm

And this Ethan Allen bio gets a little more into the background of Ethan Allen and the land dispute with the settlers.
http://www.let.rug.nl/usa/biographies/e ... er-iii.php




regards,

Donald
Canadian Livingstone
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Joined: Wed Jul 15, 2009 9:00 pm

Re: Kildalton, Argyll Livingston/es

Post by Canadian Livingstone »

Hi Brent,

I have been going through the old Upper Canada records and have some new insight I think into this. The information regarding Daniel's military service prior to the Revolution also appears to be a bit contradictory as I found documents that were in possession of his eldest John Livingston of Augusta, Grenville Township, Upper Canada in the 1830's that suggest that he did serve in the 78th regiment during 1750's and 1760's. The only person who actually mentions that he served in the 77th the Montgomery Highlanders was the Justice of Peace Alexander Campbell of Johnston District who wrote up the military certification of JOhn's father for him much later in 1836 for a later land petition at that time. But I would assume that if it were an error that the son of Daniel in 1836 would have mentioned it to the Justice of the Peace and had corrections made. So maybe in truth he served both in Frasers Highlanders and Montgomerys Highlanders during the Colonial Period in America at the time of the French and Indian wars. When I finish adding some additional information tomorrow you will see just how confused this actually is, but at least there is documentation to back up the confusion. So the mystery of Daniel's military service before and during the Revolution gets more mysterious. I am in the process of the including the info from these old records in chronological order and adding them and updating to the earlier post quoting the old documents you will notice.

More tomorrow in the old post I am updating regarding the Livingston petitions from my old January 23rd petition posting.

regards,

Donald
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