Revolutionary War Pension and Bounty Land Warrant Application File S. 13502, for John Hutchinson, Vermont
Page 1

(3-1776)

SERVICE
Vt.

NUMBER
S. 13502

Hutchinson, John

carded

CONTENTS
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20915

New = York

John Hutchinson
of Gennessale in the State of New York
who was a private in the Comp. commanded
by Captain Suly of the Regt. commanded
by Col. Matis in the Vermont
line for 6 months

Inscribed on the Roll of New York
at the rate of 20 Dollars - Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 21 day of Oct.
1833 - and [illegible] W. Mitchell
Bethany

Arrears to the 4th of Sep. '33 $50
Semi-anl. allowance ending 4 M. 34 10
$60

{Revolutionary Claim
Act June 7, 1832.}

Recorded by [name stricken] W. L. Williams Clerk
Book E. Vol. 4. Page 71
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[the following is inscribed on the left side of the page]

John Hutchinson

18100
------
v


[the following is inscribed on the right side of the page]

John Hutchinson
Application

aomd
6 mo Pri
2011
Page 4

State of New York
Genisee County} ss

On this sixteenth day of October 1832 personally appeared in open Court Before

the Court of Common pleas now sitting in and for the said County of Genesee.

John Hutchinson a resident of the town of Bethany in the said County aged sixty eight years nearly who being first duly sworn according to law doth on hi oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832.

That he entered the service of the United States under the following named officers and served as herein stated Viz.

That in the year 1782 he resided in the town of Norwich in the County of Windsor and State of Vermont. That he was born (as he is informed and believes) in the town of Ashford County of Windham and State of Connecticut on on the 15th day of February 1764.

That he entered t he service as a substitute for Elijah Bronson who enlisted as this deponent believes in the month of May 1782 under Captain Abner Seeley in Colonel Benjamin Wait's Regiment. for the term of six months, and t hat t he said Elijah Bronson did not serve any part of the time for which he enlisted but was permitted by his Captain to hire a substitute and that he the said appleant entered the service in his place and that the name of Elijah Bronson was struck from the Roll and the name of the applicant inserted.

And this applicant further saith that he was stationed at Fort Wait in the town of Corinth in the County of Orange in the State of Vermont and that a part of the time during his service at that place two other company's were stationed there one of them commanded by Captain Elijah Gates and the other by Captain Nelson.
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and this deponent further said that he assisted in building the aforementioned Fort and. that he went from t hence with scouting parties at several different times and was gone several days at each time.

And this applicant saith that he was discharged some time in t he month of november in said year 1782, but had no written discharge and has no recored of his age

That he has resided since the war of the revolution in the towns of Norwich, Sharon and Strafford, in the State of Vermont until about the year 1806 or 7 when he removed to the town of Aurileas in the County of Cayuga and State of New York where he resided about two years and moved from thence to the aforesaid town of Bethany where he has since resided and where he has since resided and where he now resides

That he hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on t he pension roll of the agency of any State

Sworn to and subscribed the day and year aforesaid

John Hutchinson

{saited & sworn to the day & aforesaid in opeon court

Timothy Fitch Clerk

I Nathaniel Brown residing in the town of Bethany in the County Genesee hereby certify that I am well acquainted with John Hutchinson who has subscribed and sworn to the above John Hutchinson who has subscribed and sworn to the above declaration and am personally knowing to his having rendered Services in the war of the Revolution [text stricken]

Nathaniel Brown

Sworn and Subscribed this [text stricken] 24th day of October 1832 before me Ira Wait. J. P. and the said court do hereby declare their opinion after the investigation of the matter and after putting. the interrogatories 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 Nathaniel Brown who had signed the preceeding certificate is a [stricken text] clergyman resident in the town of Bethany aforesaid and. that Peter-Kendall who has also signed the same is a resident of the same place.
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and is a credible person and that their statement is entitled to credit - 

Isaac Wilson
William Mitchell
Robert Clark

I Timothy Fitch clerk of the court of Genesee do hereby certify that the foregoing contains t he original proceedings of t he said court in the matter of the application of John Hutchinson for a pension.

In Testimony whereof I have hereunto set my name seal of office this sixteenth day of October, 1836

Timothy Fitch Clerk


We Nathaniel Brown a Clergyman residing in the town of Bethany in said County of Genesee and Peter Kendall residing in the same place hereby certify that we are well acquainted with JohnHutchinson who has subscribed and sworn to the above declaration that we believe him to be sixty eight years of age nearest that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and. that we concur in that opinion.

Nathaniel Brown
Pete Kendll

Sworn and subscribed the day and year aforesaid in open court

Timot hy Fitch Clerk
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State of New York
Genesee County ss }

I, Timothy Fitch, Clerk of said County, certify that Ira Wait, before whom the foregoing affidavit of Nathaniel Brown purports to have been taken and made was on the day of the day thereof a Justice of the Peace in and for said county, and t hat I am well acquainted with the signature of said Justice subscribed to said affidavit and verily believe the same to be genuine - 

In testimony whereof I have hereunto set my name, and affixed my official seal this twenty fifth day of October 1832

Timothy Fitch Clerk 

[ribbons from seal still attached]
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Secretary at War
Washington City

Sir

Please to make such returns in relation to the within application as from its merits [illegible] think proper to William Miechel of Bethany Genese County New York.
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18100
John Hutchinson

aswd

i

William Mitchell
Bethany Genesee County
New York
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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, shewing the service of John Hutchinson Genesee County New York

Period when the               Duration of the           Rank of the     Names and Rank of the     Names and Rank of the          Battles in which the            Country through        Place of abode when he                        Evidence by which
service was rendered.     claimant's service.     Claimant.        Company officers under    General and Field officers.     applicant was engaged.     which he marched.    entered the service, and age                the declaration is supported.
                                                                                                        whom he served.                                                                                                                                                     at the present period.

July 1782                           6 months.                    pri.                  Capts Seeley                       Cols Waits                                                                               Fort Wait                    Norwich Windsor County Vermont.     Living Witness



                                                                                                                                                                                                                                                                                          aged 68 years


I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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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
County of } ss.

On this     day of
A.B. a resident (b) of     personally appeared (a) before     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 provion 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.

[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 applicacation of for a pension.

In testimony whereof, I have hereunto set my hand and seal
of office, this     day of     Sec.

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
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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
office, 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. 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 traditionary 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 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----; 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 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 place 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 all his seal, and 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

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 certify 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 name
as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witness, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

[symbol] The notes for [a] to [i] we 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.

[h] This traditionary evidence is indispensable in militia cases.

[l] If a witness cannot be found, the declarant must state the fact.

[m] The arms to the interrogatories must all be written, and sent to the War Department, with the declaration
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[illegible]

13502
[checkmark] INVALID.

File No. 13.502
John Hutchinson
Priv. Rev. War

Act: June 7th 1832
Index: = Vol. 1, Page 186

[Arrangement of 1870.]