Revolutionary War Pension and Bounty Land Warrant Application File S. 12654, Benjamin Cuthbert, Continental New York Privateer
Page 1

(3 - 1776)
SERVICE  
Continental
New York
Privateer
Cuthbert, Benjamin
NUMBER
S. 12654
carded
CONTENTS
Page 2

33.126
Vermont, Montpelier
Benjamin Cuthbert, decd,
of [blank] in the State of Vt
who was an Artificer & private in the [blank] commanded
by Captain [blank] of the [blank] commanded
by [blank] in the Revolution
for 13 mos 25 days Artificer
3 [mos] 5 [days] Private
Inscribed on the Roll of Montpelier
at the rate of 169 Dollars 16 Cents per annum,
to commence on the 4th day of March, 1831. & [illegible] 28"
March 1844
Certificate of Pension issued the 24th day of May
1854 and sent to 
W. G. Wade. Rose N.Y.
Arrears to the 4th of 
Semi-annual allowance ending
Inco from [illegible] 58.66
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by H.R. Weightman, Clerk,
Book E2 Vol. 3 Page 60
N.Y.,* Continental and Privateer
Records completed
Dec. 16/05. [illegible]
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6450
Benjamin Cuthbert
Suspended
N.B. Haswell
Burlington
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WAR DEPARTMENT,
Pension Office,
27 April 1833
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. Those 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 Benjamin Cuthbert

Period when the service was rendered.  Duration of the claimant's service.   Names and rank of the Field officers under whom he served.  Age at present, and place of abode when he entered the service.  Proof by which the declaration is supported.

1776  - 5 -  Private  Col Morris Graham  83 years old lived at a [illegible] [illegible] the [illegible] [illegible]
1777  - 4 -  -- [illegible]
1779&8 - 15 -  -- Col. Hay of Artificers
1780 - 3 -  -- Col Ben [Swerters?] & Col Lewis Dubois Regts N. York troops
         2 3 0

I am respectfully,
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions
Mr. Benjamin Cuthbert
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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 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, mucicians 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, Terriory, or District of
County of

On this     day of     personally appeared (a) before
A. B. a resident (b) of     in the county of    and State, Territory, or District 
of     aged (c)    years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d)     , with    and
served in the        (e) regiment of the           line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the
town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of
Sworn to and subscribed the day and year aforesaid.        A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.
I            of the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of        for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this
day of                &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the       and C. D. residing in (the same)
hereby certify, that we are well acquainted with                       , who has
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
I,          Clerk of the Court of                        do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of
for a pension.
In testimony whereof, I have hereunto set my hand and seal
of office, this     day of      & c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; 
but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
alleged service, as they are known at the Department. A very full account of the services of each person
No such corps of artifer as that stated is known to this office
not within the [illegible]
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