Revolutionary War Pension and Bounty Land Warrant Application File S. 42435, for Zachariah Sutton, New York
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Service  Continental (New York)

Sutton, Zachariah

Number   S. 42435
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16.976
New York

Zachariah Sutton
of Pultney [Pulteney] in the state of N. York
who was a private in the regiment commanded by Colonel Malcomb of the N. York (Congress) line, for the term of 3 years.

Inscribed on the Roll of New-York
at the rate of 8 Dollars per month, to commence on the 5th of June 1818

Certificate of Pension isued the 18 of May 1820 and sent to Daniel Cruger, Esqr [Esquire]
Bath N. York

Arrears to 4th of March 1820--167.96
Semi-anl. all'ce ending 4 Sept. 1820--48.00
                                                   $215.96
20 Mos [Months} 26.4/30.3

{Revolutionary claim, Act 18th March, 1818}
Continued

Steuben [? Cox ?Coy]
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[illegible]887 March 19--Jared T Newman that there is no record of the application 18 years ago being received--Explained the law as to the limit of the reversion of the pension after death of soldier & his widow children had no title to a pension or arrears that had not been paid already.

Notification sent to Danl [Daniel] Cruger, Esqr Bath New York 16 Sept 1840
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State of New York
Steuben County } Ss
On this 20th day of June AD 1820 personally appeared in Open Court, being a court of record for Said County Zachariah Sutton aged about sixty six years, resident in the Town of Pulteny [Pulteney] in the County aforesaid, who being first duly sworn according to law doth on his oath declare that he served in the revolutionary war as follows; in the company commanded by Capt. Sandford in Col. Malcom's Regiment of the New York line that afterwards he was transferred to Col Spencers regiment of the Jersey line and was by him discharged:  that my original declaration was made on the 5th day of June 1818; and my pension certificate is numbered 16, 974, and I do solemly [solemnly] swear that I was a resident of the United States and a Citizen thereof, on the 18th day of March 1818; and that I have not since that time, by gift, sale, or in any manner, disposed of my property or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an act of Congress, entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war passed on the 18th March 1818; and I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me; nor have I any income, other than what is contained in the schedule hereto annexed and by me subscribed--schedule of the real and personal estate of Zachariah Sutton--Real Estate I have none, I owe about thirty dollars, one sow & six young pigs, 1 ox chain, 1 pitchfork--1 pot, 1 broken kettle, 3 sheets, 4 cups & saucers, 2 pails, 1 bedstead, 1 Box, 3 knives & forks, [crossed out:  3 knives & forks], 3 chairs, our milk crock, 1 brush scythe, 1 Bible 4 old flour Barrels, 1 trammel, 1 big Wheel & 1 small one, I have not
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Zachariah Sutton
No. 16974
18 May 1820

the necessary bedding and wearing apparel.  My occupation is a Farmer--I have a wife 65 years of age, very infirm unable to work, one daughter Phebe 29 years, a Son Peter 26 years old, my children are my chief support with whom I live, I can do but little myself, having had my left arm rendered useless by a fracture--

Zachariah X Sutton  his mark

Sworn to & declared in Open Court on this 20th day of June 1820--
E. Howell Clerk of Steuben Court. Pleas}

Steuben County
Clerks office} Ss:
I, Edward Howell, Clerk of Steuben County, do hereby certify that the foregoing oath and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule, is twenty one dollars & seventy five cents--

In testimony whereof I have hereunto set my hand, and affixed the seal of the said Court, on this 10th day of July 1820--
E Howell clerk

Con
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Zachariah Sutton
no proof of service

Judge must testify to claim
courts [remainder of penciled text illegible]
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Zachariah Sutton
Priv: [Private}
Col. Malcomb's 
N. York Reg't.
1777- 3 years.

5 June 1818.

Admitted.

Pultney [Pulteney]
Steuben C.
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State of New York Ss
On the fifth day of June in the year of our Lord one thousand eight hundred and eighteen, before me the subscriber first Judge of the Court of Common leas in and for the County of Steuben in the State aforesaid, personally appears Zachariah Sutton aged sixty three years eleven months and twenty five days resident in the Town of Pulteney, county & State aforesaid, who being by me first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the provision made by the late Act of Congress entitled "An act to provide to certain persons engaged in the land and naval service of the United States in the Revolutionary War."  That he the said Zachariah Sutton enlisted in the then town of New Cornwall, in the County of Orange & State aforesaid in the Company Commanded by Capt. John Sanford, of the Regiment Commanded by Col William Malcolm, in the month of May, according to this deponents best recollection, in the year one thousand seven hun-
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dred and seventy seven and that he continued to serve in the said corps or in the service of the United States until the twenty-fourth day of April in the year one thousand seven hundred and eighty, when he was discharged in Morristown, in the State of New Jersey: that he was at the battles of Hackensack, Wilmington, and in an engagement under General Sullivan at Chemung, a branch of the Susquehannah River, in the State of New York:  and that he is in reduced circumstances and stands in need of the assistance of his Country for support; and that he has no other evidence [crossed out:  in his] now in his power of said service.

Zachariah X Sutton  his mark

Sworn and declared before me the day & year aforesaid--
Thos. McBurney

I Thomas McBurney the Judge aforesaid do hereby certify that Zachariah Sutton mentioned in the preceding declaration and who has signed the same is in indigent circumstances and stands in need of sistance [assistance] of his country for Support.  Bath Dec 24th 1819
Thos. McBurney
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I Thomas McBurney, First Judge as aforesaid do certify that it appears to my satisfaction that the said Zachariah Sutton did serve in the revolutionary war, as stated in the preceding declaration against the Common enemy; and I now transmit the proceedings and testimony taken before me to the Secretary for the Department of War, pursuant to the directions of the aforementioned Act of Congress--Dated June 5 1818.

Thos. McBurney

State of New York
Steuben County Ss
I Edward Howell Clerk of the said County of Steuben do hereby certify that Thomas McBurney whose name appears in the preceeding [preceding[ Declaration and certificates was at the times of taking and making the same and now is first Judge of Court of Common Pleas in and for the County of Steuben and duly commissioned and qualified as such

In testimony whereof I have hereunto set my hand and affixed the seal of the said County this 24th day of Dec 1819

E Howell
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State of New York
Steuben County Ss
John Hurley of the town of Reading [illegible] in the County and State aforesaid being duly sworn deposeth and saith that he knew Zachariah Sutton, in the Declaration hereunto annexed names, during the Revolutionary War, and that he knows that the said Zachariah Sutton enlisted into the service of the United States sometime in the year seventeen hundred and seventy seven, for three years, & that he faithfully served out the period of his enlistment.

John  X Hurley  his mark

Sworn & subscribed this 9th day of October AD 1819 before me}
John Roberts J.P.

State of New York
Steuben County Ss
Amos Dunbar of the town of [crossed out:  and] Hector in the County of Tompkins and State aforesaid being duly sworn deposeth and saith that he knew Zachariah Sutton in the declaration hereunto annexed named, during the Revolutionary War, and that he knows that the said Zachariah Sutton enlisted into the service of the United States in the year one thousand seven hundred and seventy seven for three years, and that he faithfully served out the period of his enlistment

Amos Dunbar

Sworn & subscribed this 9th day of October AD 1819 before me}
John Roberts, J.P.
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[crossed out:  I do hereby certify that the persons who took and subscribed the two preceding affidavits viz Aaron Miller &  are credible witnesses]

I do certify that John Hurley who took and subscribed the first within affidavit is a creditable Witness
Reading Oct 9th 1819
John Roberts, J.P.

Steuben County ss}
Personally appeared before me John Hurley of the town of Reading & County aforesaid being Duly sworn deposeth and saith that Amos Dunbar is a Creditable Witness & that full confidence may be put in him as such
John Roberts, J.P.

State of New York
Steuben county 
Clerk's Office }Ss
In testimony that John Roberts whose name appears subscribed to the preceeding [preceding] affidavits & certificates was at the several dates therein contained & still is one Justice assigned to keep the peace in & for the said County of Steuben & duly commissioned as such I have hereunto set my hand and affixed the seal of the said county at Bath the 24th Decr. 1819
E. Howell
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42435
INVALID
Revy [Revolutionary]

File NO. 42435
Zachariah Sutton
Pri. [private] Rev. [Revolutionary] War

Act:  18 March 18

Index:--Vol F, Page 498
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Dictated.

Ithaca, N. Y., March 16th, 1887.

Commissioner of Pensions,
Washington, D. C.
Dear Sir:
I am informed by Mr. Henry Sutton a grandson of Zachariah Sutton, a Revolutionary soldier, that an application for pension according to act of Congress, was made by Peter Sutton
the only surviving son of Zachariah and the father of my client, about 18 years ago, through Mr. Charles L. Campbell a pension agt.
of Bath, Steuben County, N. Y. That the pension was duly granted but no moneys were ever received by Mr. Sutton. It appears that
about the same time, Mr. Campbell the agent, left for parts unknown, and whether or not the money was ever paid to him we cannot
say, Mr. Peter Sutton died soon after the pension was granted, and my client having spent a large part of the intervening time in the west, the matter was allowed to remain as it was.
Please inform me as to what action was taken in regard to this pension claim, and whether the money was ever paid, and if so to whom.

Yours Respectfully,
Jared T. Newman
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Old war Div.
Ins Ext.
Regt.
---
Department of the Interior
Pension Office
Washington D.C.  March 19th, 1887

Sir
Yours of the 16th inst, is received, relative to a pension that Henry Sutton grandson of Zachariah Sutton, a Revolutionary Soldier, States, was granted Some Eighteen
Years Since, upon the application of his father, Peter Sutton, through Charles L. Campbell, a
Claim agent, residing in Steuben County, N.Y. and for which no money was ever received -
You are advised that no application for a pension as above described has been found on
record, but there was a Zachariah Sutton of Pultney Steuben County N.Y. that mentions in
his papers a son Peter, who was allowed a pension in 1818 which was paid to him until his decease, and as after that event, his widow did not make application for a pension, it is probable She did not survive the passage of a law under which she would have been entitled - Even if she had been entitled, and neglected to establish her claim to the Same, there is no law existing that gives to her children or other heirs the right to claim the pension after her
death-- Children have not been entitled under any law to the reversion of the pension of
a Revolutionary Soldier, as the law limits the benefaction to be paid to the Soldier and surviving widow during their respective life times--