Revolutionary War Pension and Bounty Land Warrant Application File S. 2186, Amos Dustin, Mass.
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(3 - 1776) 
SERVICE Mass. 
Dustin, Amos or Duston 
NUMBER S. 2186 
carded
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New Jersey. 17899 - 
Amos Duston of Sussex Co in the State of New Jersey who was a Private - in the Co commanded by Captain Adams of the Regt commanded by Col. Johnson in the N. Jersey line for 18 mos 

Amos Dustin Mass. Line 
No 11284284. Records corrected

Inscribed on the Roll of New Jersey at the rate of 60 Dollars 00 Cents per annum to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 7th of Oct 1833 and sent to W L Johnson, Newton, S.Co NJ. 

Arrears to the 4th of Sept 33 - 150 
Semi-anl. allowance ending 4 Mar 34
========
$180. 
========
Revolutionary Claim Act June 7, 1838.} Recorded by Wm R Palmer 
Book E. Vol. Three Page 108
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State of New Jersey
11284
Amos Dutton
Application for Pension
under Law of 7 Jun 1832
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Declaration in order to obtain the benefit of the Act of Congress passed June 1, 1832 

State of New Jersey County of Sussex 
On this twenty seventh day of August AD. 1832 personally appeared in open court  before the Court of Common Pleas now sitting, Amos Duston a resident of the township of Cardiston in the County of Sussex and State of New Jersey, aged seventy three 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 act of Congress passed June 7. 1832. 

that he entered the service of the United States under the following named officers, and served as herein stated 

In the spring of 1778 he volunteered for six months under Capt Peabody & Lieutenant Wheeler. The names of the Major & Colonel not recollected, Brig. Gen. Bricket of the Massachusetts Militia that he then lived in Rowley, Essex County Mass. The Militia were ordered to Lake Champlain did duty at Ticonderoga until his time was expired-- no discharge was given. In the spring following he was drafted for six months in the militia Captain Benjn Adams, the Major not recollected Colonel Johnson -- was ordered to meet Burgoyne was present at the Battle of Bemis Heights or Stillwater, was at the surrender of Burgoyne from thence marched to Albany & two Companies landed at Catskill under command of Genl Putnam received no discharge, at that time 

In 1778 in April or May he enlisted for six months under Capt Gage (as he thinks) in the Mass Line. At the same time enlisted Ebenezer Lancaster-- Geo. Anney-who deserted, the other officers not recollected
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Marched to Albany & Joined the Regiment from thence marched near to King's Bridge & then to White Plains engaged on the neutral ground against the Cow Boys-- Received no discharge - James Hastings, saw this Applicant near Saratoga- He has his indenture - which shows his age; that the Revd Noah Green & Henry Osborn are acquainted with this deponent and can testify to his character.

He 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 State,- 


Sworn to and subscribed the day and year aforesaid - In open Court Amos Dustin
Benj Halsey 

We Noah Crane a clergyman residing in the township of Hardiston in the County of Sussex and State of New Jersey and Henry Osborne residing in the same place hereby certify that we are well acquainted with Amos Duston who has subscribed and sworn to the above declaration that we believe him to be seventy three 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 in open Court 
Ben Halsey 
Noah Grane 
Henry his X mark Osburn 

And the said Court do hereby declare their opinion after the investigation of the matter and the interrogatories described 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 Noah Crane who has signed the preceding certificate is a Clergyman resident in Hardiston aforesaid and is a credible person, [crossed out: and that their statement is entitled] and that Henry Osborne who has also signed the same is a resident in the same place and is a credible
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person and that their Statement is entitled to credit 
Benj Halsey - J

I oseph E Edsall Clerk of the Court of Common Pleas in the County of Sussex do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Amos Duston for a pension. 

In testimony whereof, I have hereunto set my hand and the seal of the court thirteenth day September AD 1832 
J. E Edsall Clk
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11284 
Amos Duston

Adm 1. years 6 months $80.00 

Whitfield L Johnson
Newton 
Sussex Co 
New Jersey
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WAR DEPARTMENT. Pension Office 3 June 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 show 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. 

[table headings]Period when the service was rendered | Duration on of the claimant's service Years. Months. Days | Rank of the claimant. | Names and Rank officers under whom he served. | Names and Rank of the General and Field officers |   Battles in which the applicant was engaged. | Country through which he marched. | Place of abode when he entered the service, and age at the present period. | Evidence by which the declaration is supported . 

[row 1]Vol 1776 | - 6 - | Private | Capt Peabody Lieut  | Brackett, Genl Brkset | [blank] | To Lake Champlain - Ticonderoga | Rowley Essex Co Massachusetts Aged 73 | Traditionary
[row 2]Drafted 1777 | - 6 - | [blank] | Capt Benj Adams | Colo Johnson | Bemis Heights or Stillwater | to Bemis Heights & Albany | [blank] | [blank]
[row 3]Enlisted 1778 | - 6 - | [blank]| Capt Gage  | [blank] | on the neutral grounds against the Cow Boys | Through [illegible]  | [blank] | [blank]

I am, respectfully, Your obedient servant J. L. EDWARDS, Commissioner of Pensions.
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2 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: . 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 in stance, 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. REGULATIONS UNDER THE ACT OF JUNE 7, 1832. of On this DECLARATION. In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. Territor County of day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District 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) served in the (e) regiment of the with and term of forth the names and rank of the Field and Company Officers; the time he left the service; (and if he servtown or county and State in the service of and names of his officers;) the sons who belonged to the militia, volunteers, navy, &c.] and the country through which he marched. This form is to be varied so as to apply to the cases of officers and her 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. A. B. And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. of the Court of hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C. D. residing in (the same) who has 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. (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. Clerk of the Court of contains the original proceedings of the said Court, in the matter of the applicacation of do hereby certify that the foregoing 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 narration with the event even one 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 prope found 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. {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? Did you ever receive a commission, and if so, by whom was it signed, and what one has become of it? 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 one by reason of bodily infirmity, may make the declaration be fore required, and submit to the examination, before a Judge 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 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. The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will be low the rule laid down for his guidance. 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. the age of the claimant must invariably be mentioned. The declarant must mention the person or persons of the war when he served. officer must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the in every claimant must state, with the length of his service, and the different grades in which he served, in language so 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: 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 persons mentioned below, and in the following grades: --For---year---- days, I served For months and - days, I served as amonths , andit is important, in all cases, to determine with precision the person for h: each applicant and for such service I claim a pension." ed, 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, 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 in every case be clearly shown undr what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent auterity ; 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. The law makes the linquishment indispensable. ┃ The opnion of the Court is always required. The Clerk must give his certificate in every case. The Clerk must 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 panseal of the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the ers. Mode of authenticating papers. where the certifying officer who authenticates the papers is not written on the same sheet of paper which conwas later the seal of office of the certifying officer, so as to prevent the ends of which must Proof of Service. 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 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 witand the official character and signature of the magistrate must be certified by the proper officer, under seal of office. are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note applies to continental troops only. This traditionary evidence is indispensable in militia cases. If a witness cannot be found, the declarant must state the fact. The answers to the interrogatories must all be written and sent to the War Department, with the declaration.
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2186 
Rev War INVALID. 
File No. 2186
Amos Duston 
Privt Rev War 
Act: June 7. 1832 
Index: -- Vol. A Page 102. 
[Arrangment of 1870.] 

Amos Dustin
Mass 
Records corrected see was
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Amos Duston 
Payments to be made at Trenton 
by We Benton 
Agent for paying Pensioners in the Agency of New Jersey . 
# 2186 
Recorded in the Pension Office, in Book E. Vol. three Page 108 by Wm R Palmer. Clerk
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WAR DEPARTMENT REVOLUTIONARY CLAIM. 

I certify that in conformity with the law of the United States of the 7th June, 1832, Amos. Duston of the State of New Jersey who was a Private in the Army of the Revolution is entitled to receive Sixty dollars --- cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi annually on the 4th of March, and 4th of September, in every year 

Given at the War Office of the United States , this Seventh day of October one thousand eight hundred and thirty three 
John Robb
Acting Secretary of War 

Examined and Countersigned. }
J L Edward Commissioner of Pensions.
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Oct 24. 1833 Paid to Sept 4, 1833 
May 12. 1834 Paid to Mar 4 1833 
Sept 12. 1834 Paid to Sept 4 1834 
Mar 12 1835 paid Mar 4 1835 
Sept 18 1835 paid to Sept 
Mar 26 1836 paid to Mar 1836 
Sep 12 1836 Paid to Sept  4 1836 
Mar 10 Paid to 4 Mar 1837 
Paid to 4 p 1837 
Paid to 4 Mar 1836 
Paid to 4/1838
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Amos Duston
N.J.
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Affidavit in case of Amos Duston 
New Jersey Sussex County SS. 

Personally came before the Subscriber a  Justice of the Peace of said County do not creditor of Hardiston in said County who being first duly sworn according to law upon his oath deposeth and saith that in the Campaign of the Company of Capt. Peabody in which this deponent served was in the Regiment of Colonel Roberts according to his belief that in 1779 he named the Regiment of Colonel Johnson - that in 1778 - he not in the Regiment Colonel Jamison -- that each of his terms was for 6 months, making Eighteen months in the whole for which (as a private) I claim a Pension. 
Taken & Sworn before me this third day of August 8 1833 Amos Dustin 
Robert S McCarter Justice of the peace

State of New Jersey Sussex County SS 
I Joseph E Edsall Clerk of the Inferior Court of Common Pleas in & for the County of Sussex do hereby certify that Robert H. Mc Carter Esq before whom the affidavit appears to have been made is a Justice of the peace in & for said County duly commissioned and Sworn and that I am acquainted with the hand  write of said Justice and believe the signature thereto subscribed to his name is his genuine Signature. 

In Testimony whereof I hereunto set my name and affixed the of said Court at Newton this fifth day of August 
J. E. Edsall Clk
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Department of Pensions Washington City
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I herewith return to the Pension Department the papers in the Case of Amos Duston. And have to request, that the most hypocritical objection being removed -- a favourable reply may be given, & if it ever comes, that it may come soon "Hope deferred maketh rich the heart." 
I am most respectfully & W.J. Johnson Newton Sussex Co. N. J. 

J. L. Edwards Esq Comr of Pensions