Revolutionary War Pension and Bounty Land Warrant Application File R. 3170, Thomas Dutton, Conn.
Page 1

SERVICE
Conn.
Dutton, Thomas
NUMBER
R.3170
CONTENTS
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Service: Conn.
Dutton, Thomas
Number: R. 3170
Page 3

[illegible] Company he went to the [illegible] in the State of NY where he remained doing duty as such [illegible] untill the month of Feb 1777 when the Company was dismissed & he came home, at New York His Col was [illegible] Baldwin and Hatch was Major [ilegible] Goodrich who was an assistant of his Regt & Gen Washington's commanded the whole time at [illegible] he remembers to have been under the command of Col Chester [illegible] prior served as Chaplain at New York .  At [illegible] Genl Wooster commanded the Soldiers that were there. Cook of Wallingford was the Col of his Regt and Baldwin was Lt Col. Stephen Rowe Bradley was adjutant.  2 [illegible] In the same 1777 the same year that Burgoyne was taken and as near as he can remember a few weeks before he was taken he again marched in the same Militia company commanded in [illegible] Seymour he was marched to Fishkill in New York & from there was marched [illegible] Red Hook where the company was dismissed and permitted to come home. There were but three or 4 Companies together [crossed out] in this Expedition that he saw & he has forgotten the Col.'s names or whether there was a Col or any Regt  officers with them as they were not [illegible] more than once or twice it rained nearly all the time he was out this time
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The applicant further states that from and by reason of old age & the consequential loss of memory he can not swear positively as to the precise length of his service above states nor can he swear as to the precise day when he entered & was dismissed from same service.  more [illegible] than he has above stated but according to the best of his recollection he served not less than the periods rendered below and in the following grades.
Time of his service , 6 months & 3 weeks [in margin]
For six months I served as a fifer at New York at the [illegible] and was at home sick and for the term of three weeks I served as a fifer at Fishkill on the last tour of duty above mentioned and for [illegible]
Best evidence [in margin]
The applicant further states that he has no documentary evidence that he can provide that he never had any [illegible] as fifer & believe it was not. There customary in the Militia [illegible] but that he can prove the above service by the testimony of Chancey Garnsey & Thos Fenn & Christopher Merriam whose depositions are hereunto annexed and who are the only witnesses
that he knows of that can testify to his service or any part of it
Questions from the War department [in margin]
to the first interrogatory in the instructions from the war Department.  His answers that he was born in Watertown in the year 1740 Watertown then being part of the town of [illegible] Connecticut
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To the 2d Interrogatory in Instructions he answers that he has a record of his age in his bible and another in his fathers old bible but that he knows of no other record of his age 

To the 3d Interrogatory he answers, that when called into the service he resided in [illegible] that he has lived there since the Revolutionary war and that he now lives there and that he has always lived there with the exception of ten years two of which he lived in [illegible].

To the 4 Interrogatory he answers that He has stated in his declaration above the M in which he was called into the To the Interrogatory He answer that he has stated the manner in which he was called into the service.

To the 5 interrogatory He answers that he has stated the names of the officers that he remembers in his declaration above and such regts. as he remembers except that when [illegible] he remembers a Regt of Troops from Litchfield Connt  from the fact that [illegible] Champion who was the Chaplain to that Regt served also as chaplain to his own Regt & he has stated the general circumstances of his [illegible] in his above declaration.

To the 6 Interrogatory he answers that he never did receive a discharge from the [illegible] but was dismissed as he has stated in his declaration above.

To the 7th Interrogatory he answers that He is acquainted with the Revd Davis Greenwood and with Holbrook Curtiss Esqr both of Watertown who can testify to his known character for veracity & their belief of his service as a soldier of the Revolution
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The said Thomas Dalton 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. Thomas Dutton. We, Darius  0. Griswold, a  clergyman residing in the town of Watertown and Holbrook Curtis residing in the same hereby certify, that we are well acquainted with Thomas Dunton who has subscribed and sworn to the above declaration; that we believe him to be seventy two 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. Darius O. Griswold 
Holbrook Curtis 
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 Darius O. Griswold who has signed the preceding certificate, is a clergyman, resident in the town of Watertown and that Holbrook Curtis who has also signed the same, is a resident in the town of Watertown and is a credible person, and that their statement is entitled to credit.
1.  Robinson S. Hinman Clerk of the Probate Court of district of Waterbury do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Dutton for a Pension. In testimony whereof, I have hereunto set my hand and seal of Office this first day of February 1833. 
 R. S. Hinman [signed in black ink]
[black seal]
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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 show 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 Thomas Dutton Litchfield Co. Ct.

Period when the
service was
rendered.
Aug '76 
___________
'77

Duration of the
claimant's service
Years. | Months. | Days.
Specifically not Stated } Hixen
" | " | "
" | " | "

Rank of
the
claimant.
not stated

Names and Rank
of the Company
officers under
whom he served.
Cap Dayton
" [Cap] Hixen
" [Cap] D--
-
Recapitulation
C. Hixen
 21 D--
---
Names and Rank
of the General
and Field officers.
Col Batain

Battles in which
the applicant was
engaged.

Country through
which he marched
Ct. N.Y.

Place of abode
when he entered
the service, and age
at the present
period.
72
Litchfield Co.
Ct.

Evidence by
which the declaration 
is supported.
Grady Johnson

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2
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 State 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 ___  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 provion [provision] made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___, with ___ and
served in the
(e) ___regiment of the ___ line, under the following named officers:

(Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served 
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.)

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of ___
Sworn to and subscribed the day and year aforesaid.  A.B.

(And then will follow the certificate of the Court.)

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.

I ___of the Court of ___
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of

the application of ___ for a pension.

In testimony whereof I have hereunto set my hand and seal of office (i) this
___ day of ___ &c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the ___ and C. D. residing in (the same)
hereby certify, that we are well acquainted with ___, who has
subscribed and sworn to the above declaration; that we believe him to be ___
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.

(And then will follow the certificate of the Court.)

And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. ___
who has signed the preceding certificate is a clergyman, resident in the ___
and that C.D., who has also signed the same is a resident in the ___
and is a credible person, and that their statement is entitled to credit.

I, ___ Clerk of the Court of ___ do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation [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
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3.

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 
1. Where and in what year were you born? 
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war , and where do you now live?
 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. {To a Soldier} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
    {To an Officer} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 

The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 

The 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 be fore 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, &amp;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, &amp;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; [this section is parenthesized to draw attention here] 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. [end parenthesized section]
[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 for 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. 
[A symbol of a pointing finger] The notes from (a) to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only. 
[k] This traditionary evidence is indispensable in militia cases. 
[l] If a witness cannot be found, the declarant must state the fact. 
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration

[Hand written on bottom of typed form]

Period of <u>actual</u> service in field or garrison must be stated.  From facts alleged it is extremely doubtful whether claim comes within the act as it is not very probable that six months service was performed
Page 10

3170 [illegible]
P.O.
Thomas Dutton
Service:
Enlisted:____,18
Discharged:____,18__
Application Filed:____,18__
Alleges:
Re-enlisted:  In 183[?] [illegible]
Attorney:
P.O.
___Recognezed. ____Contra[cutoff]
___Cert. of Dis.  Searched for____, 18
Page 11

Conneccticut
Thomas Dutton
rejected

See letter Joel Haime
9 Oct 1833
Page 12

Frederick Wolcott Clerk of the County Court within and to at County of Litchfield, and the State of Connecticut, certifying that Holbrook Curtis Esq before me in the annexed affidavits of Chauncy Garnsey, Thomas Fenn, and Christopher Merriman appear to have been to him and at this date said on the 15th & on the 21st day of August 1832 that he is now and for many years hath been a Justice of the Peace for said County of Litchfield & knew the signatures to said affidavits which from first to be the signature of the said Holbrook Curtis Esq and genuine by his proper handwriting.
In testimony whereof I hereunto set my hand and affix the Seal of said Court at Litchfield in said County this 2nd day of August 1833

Frederick Wolcott, Clerk
Page 13

Thomas Dutton
Application for Pension

Joel Hinman
Waterbury Ct
Page 14

United States of America
State of Connecticut

I Robinson S. Hinman Esq resident of New Haven County Ct, a Notary Public duly appointed Commissioner and sworn, do hereby certify that I am acquainted with Holbrook Curtis Esq and with his handwriting, and that he is and for many years past has been a Justice of Peace with and for Litchfield County, and that the several signatures to affidavits hereto annexed purporting to as be his genuine official signature.

In testimony which I have hereto set my hand and seal of office this first day of February 1833
RS Hinman Notary Public
Page 15

I Chauncey Garnsey of Watertown in Litchfield County Connecticut aged seventy two do depose and say that in the year 1776 I served in the United States service two tours of duty as a fifer and Thomas Dutton served with me both times as a fifer.  Likewise we were both from Watertown and served in different Companies but the same Regiment. At New York we were out the season it was taken were then at the great thunder shower. The Company to which I belonged at New York was commanded by my father Joseph Garnsey. Benjamin Richards was Lieutenant, Duttons Company was commanded by Captain Michael Dayton. Isaac Merriam was Ensign In the [2nd?].  Dutton served I should think until latter part of September and returned, I do not recollect exactly when. We served again at the Peekskill together the same year in the same Companies two months. We went about the fifth of September and left about the first of January. My Company had the same officers as at New York. His Duttons Company was commanded at the Peekskill by Thomas Fenn. Isaac Merriam was his Lieutenant and they were drafted or detachd in the Militia for both tours of duty. Col Baldwin was a Regimental Officer at New York and Col Cook of Wallingford acted as a Colonel at the Peekskill at New York. Thomas Fenn was the Lieutenant of Duttons company.
Chauncey Garnsey
Litchfield County Watertown August 15th 1832
Page 16

Litchfield County State of Connecticut Watertown August 15th 1832. Personally appeared Chauncey Garnsey was known to me as a man of truth and respectability and being duly sworn made oath to the truth of the facts stated in the [illegible] deposition before me
Holbrook Curtis Justice of Peace

I Thomas Fenn aged sixty nine of Watertown in Litchfield County Connecticut do depose and say that Thomas Dutton then and now of Watertown in the year 1776 went to New York when the soldiers went that year [illegible]. My father Thomas Fenn was the Lieutenant of the Company. I remember we were pulling [? ] when the soldiers went to New York.  I should think it must have been the early part of August. Mr Dutton went in a Company of Militia as a fife and drummer. They were drafted on order from
Thomas Fenn
Litchfield County Watertown August 20th 1832

Litchfield County Watertown August 20th 1832
Personally appeared Thomas Fenn known to me as a man of truth and being duly sworn. Made oath to the truth stated in the foregoing deposition by him subscribed
Holbrook Curtis Justice of Peace

I Christopher Merriam of Watertown in Litchfield County Connecticut aged eighty years last January do depose and say that in the year 1776 I should think about the 1st of August I went with the Watertown Militia to New York. Our Captain was Michael Dayton. Thomas Fenn was Lieutenant. We were then in the neighborhood both before and after the town was taken. Our Ensign was my brother Isaac Merriam. Thomas Dutton belonged to that Company
Christopher Merriam
Litchfield County Watertown August 20th 1832

Litchfield County Watertown August 20th 1832
personally appeared Christopher Merriam well known to me as a person of truth and being duly sworn made oath to the truth of the facts stated in the deposition by him subscribed. Sworn before me
Holbrook Curtis Justice of Peace