Revolutionary War Pension and Bounty Land Warrant Application File W. 24,864, Abel Dutton, Mass. N.H.
Page 1

Dutton, Abel
Susannah
N. 24,864
Page 2

Susannah Dutton
widow of Abel Dutton
who was a Private
in the Revolution
Inscribed on the Roll at the rate of 
39 Dollars 23
Cents per annum, to commence on 
the 4th day of March, 1843
Certificate of Pension issued the
30th day of November
and sent to 
WW. Cadwell
Montpelier
Vt
[Act of March 3, 1843.]
Recorded in Book A.
Vol. 1 Page 34
Page 3

Vermont 28.929
Abel Dutton, Dec(eased).
of Washington in the State of V)ermon)t
who was a p(ri)v(ate) in the (left blank) 
commanded by Captain  (left blank) 
of the R(e)g(imen)t commanded 
by Col(one)l Griggs in the N(ew) H(ampshire)
line for 11 M(onths) 23 days
(illegible) Susannah Dutton
widow of ? dec(ease)d
------------------------
Inscribed on the Roll of Vermont
at the rate of 39 - Dollars 23 Cents per annum,
to commence on the 4th day of March, 1831.
----------------------------------
Certificate of Pension issued the 8 day of July (18)34 and sent (to) L B. Peck
Montpelier --V(ermon)t
--------------------------------
Arrears to the 4th of   ----------------
Semi-an(nual) allowance ending ---------
am(oun)t up to Nov 1?          $ 104.18
1833- the day of his
death

{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by Nath(anie)l Rice Clerk
Book  E  Vol. 3 Page 61
Page 4

M(illegible) Abel Dutton and  Miss Susannah Parker both of Alstead were joined in Marriage by me December fourth seventeen  hundred Eighty three Jacob Mann Pastor 

Alstead County of Cheshire
State of New Hampshire before Amos Simpson Town Clerk

I Samuel Cragin certify that the above is a true copy of the record with the Exception of the date which is expressed on the record in fair legible figures and ? as follows "December 4th 1783"
(signed) Samuel Cragin Town Clerk

I Samuel Cragin of Alstead of lawful age above named depose and say that I hold the office of Town Clerk in the Town of Alstead State &  County foresaid and the above is a true Extract
from the record of said Town with the Exception above named to (illegible)  of the Town of Alstead as certified by me
(signed) Samuel Cragin Clerk of the Town
of Alstead aforesaid

Cheshire ss
Alstead Feb(ruar)y 11, 1839 ⎬ The above subscribed & Sworn to by the said Samuel Cragin who is well known to me to be Town Clerk of said Alstead and is a credible Witness
(signed) Walter Treft Justice of (the) Peace
Page 5

State of New Hampshire
Cheshire County ss

I Henry Coolidge Clerk of the Superior Court of Judicature for the County of Cheshire certify that Watter Treft was on the fourth day of February instant and still is a Justice of the Peace in the County of Cheshire aforesaid duly commissioned and sworn -- and that his name within written is his genuine signature 

In witness whereof I have hereunto set my hand and affixed the seal of said Court at Kenworth this seventh day of February A.D. Eighteen hundred & thirty nine

(signed) H(enry) Coolidge Clerk

(inverted---Hon S Prentiss Senate U.S.)
Page 6

Declaration
-
In order to obtain the benefit of the Act
of Congress of the 7th July 1838 entitled An Act granting half pay and pensions to certain widows-

State of Vermont
Washington County ss⎬ On this 26th day of
December D. 1858 personally appeared before the Hon(orable) Court of Probate now sitting within and for the County and District of Washington & State aforesaid Susannah Dutton a resident of Moretown in the said County of Washington aged 73 years
last March who being first duly sworn
according to law doth on her Oath make the
following declaration in order to obtain the
benefit of the provision made by the act of
Congress passed July 7th 1838 entitled "An Act 
Granting half pay & pensions to certain 
Widows:". That She is the widow of Abel Dutton who was a private in the Army of
the Revolution.--   She well recollects of
his stating to her of his being out  Some four
or five different times-- Recollects the
name of Gen(era)l McDougal-- that he was under--and that he was at West Point
when Gen(era)l Arnold left. & saw Gen(era)l  Washington when he returned to Camp--  But
the particular time & his service & the names
of his Officers under whom he served she does
not now remember - She refers to his
declaration under the Act of June 1832
for a specific statement of his services under
which he was placed on the roll of the
Vermont Agency.   

She further declares that
She was married to the said Abel Dutton
on the 4th day of December 1783 at
Alstead in the State of Newhampshire
That she was not married to him previous
to his leaving the service, to wit, the
said Abel Dutton, but the marriage took
Page 7

place previous to the first day of January
Seventeen hundred & ninety four
Viz at the time above stated & that the said
Abel Dutton died November 1, 1833 at Berlin
(signed) Susannah Dutton

Sworn to and subscribed in open Court
at Montpelier in said County & District
aforesaid on the day & year above stated---

Witness my official hand
and the seal of said Court
of Probate hereto affixed
(signed) Jeremiah H. Marsten Pub(lic)? Register
Page 8

Declaration 
of 
Abel Dutton

11646
V(ermon)t

Return when made to
Lucius B. Peck
Montpelier Vermont.
Page 9

Declaration in order to obtain the benefit
of the act of Congress of the 7th 1832

State of Vermont             on the 11th day of
Washington County ss⎬ August A.D. 1832
personally appeared Abel Dutton

a resident 
of Montpelier in Washington County &
State of Vermont, before the Hon(orable) Joseph Reed Judge of Probate within & for the District & County of Washington
aged seventy two years who being first duly
Sworn according to law doth on his oath
make the following declaration, in order
to obtain the provision  made by an act of
Congress pased June 7, 1832: That on or
about the first of December. 1776 he volunteered for two months served there under Capt(ain) Spaulding or Capt(ain) Parker, thinks under Parker & under Colo(nel) Gregg
or Bragg's Regiment Nichols L(ieutenan)t. Colonel, in the N(ew) .H(ampshire). line
of troops thanked.   Marched from Stoddard
N(ew). H(ampshire). to & mustered at Ridge then marched to Hartford Conn(ecticutt) 
through Ipswich Westminster Springfield &c Staid (stayed) there for a short time waiting for orders.   Then marched to Peekskill, N(ew) Y(ork) & was stationed there under command of Gen(eral) McDougal  (un)till three months  
had expired when he was discharged.

While at Peekskill was employed part of
the time, as a teamster for the troops
A short time before Bennington battle
he thinks in June 1777 he volunteered
for three months under Capt(ain) Carleton
in Colo(nel). Nichols regiment.  Marched to
Charleston N(ew). H(ampshire). Staid there a few days
Page 10

he thinks in June 1777 he volunteered
for three months under Capt(ain) Carleton
in Colo(nel). Nichols regiment marched to  
Charleston N(ew). H(ampshire). Staid there a few days & then marched to Manchester V(ermon)t.  Staid there a short time & then marched to Bennington V(ermon)t  which place he reached about two days before the battle was in the advanced guard at the engagement recollects laying down at a Spring
to drink, when the guard was fired upon by a body of troops several killed 

Part of the guard with it Capt(ain) returned with the Lieutenant  afterward the command
& the ? were driven back. After the
battle marched with Gen(eral) Stark for
Stillwater but on the way was attacked
 with the measles, with which he was 
confined (un)till his three months had expired

In the Summer of 1778 in volunteered under Gen(eral) Sullivan at or near Newport & continued there (un)till the American troops were driven from the Island was absent about one month but does not recollect any of the other officers names    That in the Spring or Summer 1779 being in Harcourt Maine
he volunteered for three months under Capt(ain). John Blount who was in the
Continental Service    then at home on furlough, served in Colo(nel). Howard's
regiment    that he with the other troops took
shipping at Townsend harbor and detailed 
to Penobscot Island which was then
occupied by the British troops    that five (illegible) engagements were fought on the island, in four of which applicant was engaged 
That one of the one of the enemies redoubts or forts  were taken.   That (remainder of line is missing from record)
Page 11




(this record has an illegible line above the following and appears to repeat the final lines of the prior record)

by the British troops that five (Illegible)
engagements were fought on the island 
in four of which the applicant was engaged  That one of the enemies redoubts or forts were taken.   That a British fleet brought to 
the island reinforcements    When the 
American troops evacuated to the island  
& sailed up the river to Camden where the 
(illegible) abandoned Nantucket at 
Camden the American troops were shared
food by the inhabitants they being shortly 
(illegible) when our troops set fire to the place 
That he served out his term months there &c
There received wages --the deponent thinks in June 1780
He again volunteered, for three months
under Capt(ain) Spaulding;  Jos. Dodge 
 L(ieutenan)t ,. & (illegible) in Colo(nel). Nichols regiment.   That he marched to Clannock N(ew) Y(ork). & was from there (illegible) to West Point, where he was stationed (un)till his term of service expired, when he was discharged --that he was on the Point when Arnold deserted to the enemy & was carried off by men belonging to his (the applicants) regiment.  Recollects that Gen(era)l. Washington reached West Point a short time after Arnold escaped. That the first time & also the last, that he volunteered as above stated, he resided in Stoddard N(ew). H(ampshire).
Said applicant would further state that in 
1818 he applied for a pension, which was
denied, on the ground, as he understood, that he belonged to the militia, & at that time he
procured the certificate of Tho(ma)s Brown Jr.
showing his last service at West Point, which
is attached to this application that (record line not visible beyond this point)
Page 12

in 1818 he applied for a pension, which was
denied , on the ground, as he understood, that he belonged to the militia, & at that time 
procured the certificate of Tho(ma)s. Brown Jr.
showing his last service at West Point, which
is attached to this application    that T(homas) Brown has since deceased or moved away out of the County & he does not know which & that he knows of no one else, by whom he can
prove his af(oresai)d service & that he has no documentary evidence thereof. He hereby relinquishes every claim whatever to a pension or ann(uity)

his name is not on the pension roll of any agency  in any State 
(signed) Abel Dutton


⎬
Sworn to & subscribed the day & year
aforesaid  Attest. 
 (signed) Joseph Reed  Judge (of ) Probate
 


And I the said Joseph Reed Judge as
aforesaid do herby declare my opinion
that the above named applicant was a
revolutionary soldier, & served as he
Stat. And I do hereby also certify that the
said applicant by reason of bodily
infirmity, is not, in my opinion able
to attend Court. 

And I also certify that I am personally
acquainted with William Dewey
whose affidavit is hereto attached, &
that he is a man of truth & veracity
with Thomas Brown Jr. whose affidavit 
is also hereto attached I am not
acquainted
Attest. (signed) Joseph Reed Judge (of) Probate 

I the said Joseph Reed (remainder of this line is not visible on this record)
Page 13

is hereto attached, &
that he is a man of truth & veracity
with Thomas Brown Jr. whose affidavit
it is also hereto  attached I am not
acquainted
Attest.  (signed) Joseph Reed Judge (of) Probate


I the said Joseph Reed Judge of the Probate
Court within & for said District of Washington
do certify that the foregoing contains the
original proceedings before me in the
matter of the application of Abel Dutton
for a pension: In witness whereof I have hereunto set my hand this 11th day of August
A.D. 1832.  (signed) Joseph Reed Judge (of) Probate

(sideways on record) 
-
Declaration 
of 
Abel Dutton 
11640
V(ermon)t



Return when made? to 
Lucius B. Peck 
 Montpelier Vermont
Page 14

I Ashley H. Dutton of Moretown in the
County of Washington aged 32 years do testify & say, that my father Abel Dutton 
died at my house on the first day of November
AD 1833 in the town of Berlin where
he there resided-- that Susannah Dutton is
his widow & has remained so since his
his(sic) death to the present day-- That said
Abel Dutton was a pensioner on the
Vermont Agency under the Act of 1832
(signed)  Ashley H. Dutton 

Subscribed & Sworn before 
me Jan(uar)y 3, 1839 (signed Joshua Y Vail Justice of the Peace 

I certify said deponent is well known to me & is a man of truth & veracity 
(signed) J. Y. Vail Justice (of the) Peace

I Thomas N. Courser of Berlin in the
County of Washington State of Vermont aged
38 years do testify & say that I
was well acquainted with Abel Dutton
a Revolutionary pensioner & that he died
on or about the 1st day of November 1833 and
that I attended his funeral on the Seconday(sic)
day of November 1833   I was then living
with his son A. H. Dutton in said Berlin
when he died - I also state that Susannah
Dutton is his widow & has ever since remained unmarried but resides in the town of Moretown Washington County aforesaid
(signed) Thomas N. Courser

Subscribed & Sworn before
me this 3d day of January 1839 
(signed) Joshua Y Vail Justice of (the) Peace

I certify said Courser is a credible witness, a man with whose reputation I am well acquainted---  (signed) J.Y.Vail Justice (of the) Peace 
{word Courser interlined by me} J Y Vail Jus(tice of the)  Peace
Page 15

State of Vermont County}
Washington Co ss}    I Joshua Y. Vail Clerk of the  County Court within and for the
County of Washington aforesaid
do hereby certify that Joshua Y. Vail is 
a Justice of the Peace duly appointed
and acting under the authority of
this State and that his signature
to the within affidavit as such is
his own proper hand writing. 
Witness my Official hand and the
Seal of said Court this 4th day of January AD.
1839---   (signed) Joshua Y. Vail Clerk.



Affidavits of
Death of A. Dutton


36.66
2.53
9.19
Page 16

WIDOW, &c.
Rev(olutinar)y 
--------------
File No. 24864
Susannah Dutton
wid(ow) of 
Abel Dutton 
Pri(vate) New Ha(mpshire) 
--------------
Act:  March 3rd (18)48
Index:  Vol. A, Page 201

[Arrangement of 1870.]
Page 17

Susannah Dutton    V(ermon)t
Susp(ende)d see letter to Hon(orable) S. Prentiss
15 Jan(uar)y 1839



Act July 7 1838
Page 18

Vermont (Bar.) 1929

Susannah Dutton
widow of Abel Dutton, dec(ease)d

who was a pensioner under the Act of 7 June 1832 and who died on the 1st of Nov(embe)r 1833-of Washington Co(unty) in the State of Vermont.  
who was a private in the  (left blank) commanded by Captain  (left blank) of the Reg(imen)t commanded by Col(onel). Griggs in the N(ew). Hamp(shire) line for 11 months 23 days-Jus? 
---------------------------------
Inscribed on the Roll of Vermont
at the rate of 39 Dollars 23 Cents per annum
to commence on the 4th day of March, 1836.
---------------------------------
Certificate of Pension issued the 28th - day of February 1839 and sent to Hon(orable). S. 
Prentiss, Senate
--------------------------------
Arrears to the 4th of Sept. 1838- $98.07
Semi-annual allowance ending 4 M. '39- 19.61
(total)                                                 $177.58

{Act July 7,1838.}

Recorded by S. A. Elliot Clerk,
Book A.   Vol.  1    Page 37
Page 19


James L. Edwards, Esq(uire)
Commissioner of Pensions

(sideways on record)
Hon(orable) S. Prentiss 
Senate U.S.
Page 20

Mr. Edwards will receive herewith
a certificate in due form of the marriage
of Susannah Dutton, and will be so good
as to decide upon her case as early as may be

(signed)  Sam(uel) Prentiss
Monday Feb(ruary). 18th
Page 21

State of Vermont
Washington District
April 18. 1834.

I hereby certify that it has
been satisfactory made to appear to
said Probate Court that Abel Dutton
formerly of Montpelier in said District but
late of Berlin in the same District
deceased on the first day of November
A.D. 1833 in said Berlin, having a widow
Susannah Dutton who now resides in the same
place

In testimony whereof I have hereunto
set my hand & caused the seal of
said Court to be affixed
(signed)  Lowell B. Keith Judge of Probate

(seal affixed)
Page 22

E.D. Bangs


Admit as private
11 month 23 days ($) 39.23
certificate (to) Susannah Dutton
for the am(oun)t due Nov(ember) 1 1833
$104. 18
Page 23

Commonwealth of Massachusetts.
---------------------------
Secretary's Office, Feb(ruar)y 1st AD 1834

I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears
that the name of Abel Dutton, as a private
is borne on a Pay Roll of Capt(ain) John Blunt's
Company, in Col Sam(uel)l McCobbs Reg(imen)t in the expedition against Penobscot, where he is allowed from June 28th to Sept. 28th 1779 two months and sixteen days m2= d16
(signed)  Edward D Bangs Sec(retar)y
Page 24

6676
Abel Dutton


(illegible)

Lucius B. Peck  Esq(uire)
Montpelier
V(ermon)t
Page 25


WAR DEPARTMENT.
Pension Office,
29 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 tubular 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  (left blank)

(table begins-- none of the columns in the table were completed.   Instead, a note was written across the table field. )

Period when the
service was
rendered.

Duration of the
claimant's service.  Years Months Days

Rank of
the
claimant.

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.


The applicant may, by applying to E. D. Bangs Esq(uire) Secretary of the State of Massachusetts Officer? evidence of his service  at Penobscot,

(table ends)

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

N(ew) H(ampshire) Abel Dutton
Page 26


REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:

The 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 Commisaries and to Stone Keepers, &c, Teamsters, Boatmen, &c.  Persons who served on board 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  (blank)  day of  (blank)   personally appeared (a)  (blank)  A. B. a resident (b) of
 (blank) in the county of   (blank)  and State, Territory or District of  (blank) aged (c)   (blank)
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)  (blank) with  (blank) and served in the  (blank) 
(e) regiment of the   (blank) 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   (blank)
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  (blank)  of the Court of (blank) do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of   (blank)
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this   (blank) day of  (blank) & 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 (blank) and C.D. residing in (the same)
hereby certify, that we are well acquainted with
(blank) who has subscribed and sworn to the above declaration; that we believe him to be (blank) years of age; that he is reported 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. and that C. D., who has also signed the same is a resident in the (blank) and is a credible person, and that their statement is entitled to credit.

I,  (blank) Clerk of the Court of (blank) do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of  (blank) for a pension.  

In testimony whereof, I have hereunto set my hand and seal of office, this (blank) day of (blank) &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 materials 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

(note inserted on bottom of left side of record)
The name of the claimant has been found on the rolls of Capt(ain) Spaldings Co(mpany) in Col(onel) Nichols Reg(imen)t in 1780. [at 3mo(nths) 7 days-- his other services cannot be verified by the files in this office .  He must either state the officers under whom he served so distinctly as to enable the services to be traced or he must prove them satisfactorily.   (note ends) 

(right side or record begins) 

and 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?
6  {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 the 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 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 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, &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 (blank) year (blank) months, and (blank) days, I served as a (blank).  For  (blank) months, and 
(blank) days, I served as a (blank), 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 &c without specifying the tours, the names of the offices, 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 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. 
[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 caste. 
[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 forth in their affidavits the time of the claimants 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.

The notes from [a] to [i] are all equally applicable to the cases of Miltia men, Volunteers and State Troops. The proof required by rule in [j] applies to continental troops only.  
[k] This traditionary evidence is indispensible 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.
Page 27

Vermont (3847)
Susannah Dutton
1929  Act of July 1838

nVert? (abbreviation unknown) 

admited
11 mo(nths). 23 d(ay)s pri(vate)
-----------
$39.23
-----------
No deduction
------------

Hon(orable) S. Prentiss
Senate

(sideways on record)
3847
Declaration of Susannah Abel Dutton 

Hon(orable) S. Prentiss
Senate US.
Page 28

Chester Nye & others 

affidavits
Page 29

We the undersigned, inhabitants of Berlin
in the County of Washington & State of
Vermont being duly sworn, depose & say, that
we have been well acquainted with Abel
Dutton, now of said Berlin, but late of
Montpelier in said County, and an applicant
for a pension, for many years, and that
he is reputed and believed in the neighborhood in said Berlin where he formerly
resided & where he now resides, to have
been a Revolutionary soldier, in which
opinion we all concur. We further say
that his character for truth and veracity is 
undoubted, and we believe him to be seventy
two years of age.
(signed) Chester Nye
(signed) Leonard Ellis
(signed) Simon Dewey
(signed) James Braman

State of Vermont                 Subscribed and 
Washington County ss  ⎬    sworn to before 
the undersigned in due form of law July 10 1833

(signed)  Osman Dewey Justice of (the) Peace

I Osman Denny Justice of the Peace in & for
said County of Washington do hereby certify that I am personally acquainted with the above named Chester Nye, Leonard Ellis, Simon Dewey & James Braman & that they are men of
Page 30

truth & veracity. I further certify that I am
well acquainted with the within named 
Abel Dutton & have been for many years
& fully concur in the within statement made
by the said Nye & others. 
(signed) Osman Dewey Justice of (the) Peace 

State of Vermont
Washington County ss⎬ . I Joshua Y. Vail Clerk of Washington County Courts do hereby certify that Osman Dewey, who has affixed his name
to the within is a Magistrate duly qualified, and that I believe the same to be his genuine signature. 

In testimony whereof, I have hereunto set my hand, and affixed the seal of said Court, at
Montpelier this sixth day of August AD. 1833

Att(est) (signed)  J.M. Vail Clerk

I hereby certify that I have  no personal acquaintance with the within named Abel Dutton but that with Chester Lee Simeon Dewey & James Braman signed under oath of the within declaration relative to said Abel Dutton
I am well acquainted & that full confidence
may be reposed  in the correctness of their statements

(signed)  C. Wright late Pastor of the
Congregational Church
Montpelier Vermont
August 7, 1833


State of Vermont            
Washington County ss ⎬ At Montpelier August 7. 1833 personally appeared the above named
C. Wright & made solemn affirmation that the above certificate by him subscribed
is just & true. Before me (signed) Daniel P. Thompson Justice of (the) Peace
Page 31

State of Vermont
Washington County ss⎬ 
I Joshua Y. Vail Clerk
of Washington County Court,
do hereby certify that Daniel P.
Thompson who has affixed
his name to the certificate
of the affirmation administered
to (by) the Rev. C. Wright on the
other page, is a magistrate
duly qualified, and that the
same is his genuine signature.

In testimony whereof, I have
hereunto set my hand and
affixed the Seal of said Court
at Montpelier this 7th day of
Aug(ust) . A.D. 1833
(signed) Joshua Y. Vail Clerk
Page 32

I Thomas Brown Jr. of Reading in the county of 
Windsor and State of Vermont do testify and say that in July 1780 I was in the service of the United States and belonged to the company  of Capt(ain) Benjamin Spaulding in the Regiment of Col(onel) Needham and that I was 
personally acquainted with Abel Dutton who
served in the same company and Regiment
and that we both joined the Continental Army
and belonged to guard of General Benedict Arnold who commanded at West Point that we were at that post when Gen(eral) Arnold made his escape and we both continued there until our term of service expired in October having both served together three months
(signed) Thomas Brown Jr. 


State of Vermont      Reading April 10th 1818 
Windsor County ss⎬. Thomas Brown Jr.
personally appeared and after being carefully examined and duly cautioned made solemn   
oath that the foregoing deposition by him subscribed contains the whole truth and nothing but the truth
before me  (signed) Abel Gilson Jr.  Justice (of the) Peace
Page 33

State of Vermont
Secretary of State              I hereby certify that
Office Aug(ust) 7 1832  ⎬  Abel Gilson Jr. was duly elected & was justice of the Peace within & for the County of Windsor & State of Vermont for the year 1818 

In witness whereof I have hereunto
set my hand seal of office this 7th
day of Aug(ust). 1832
(signed) Timothy Merrill 
Secretary of State


(sideways on record) 
Tho(ma)s Browns
Affidavit
Page 34

I William Dewey of Berlin in the County
of Washington & State of Vermont of
lawful age depose & say that I have
been acquainted with Abel Dutton
of Montpelier in said County of Washington
& now an applicant for a pension
& formerly of N(ew).H(ampshire). for twenty years past, & I believe him to be seventy two years of age; that he resided for several
years previous to moving to Montpelier 
in said Berlin & while he resided there
was & still is reputed & believed by his
then neighbors to have been a soldier
of the revolution & I concur in that
opinion
(signed) William Dewey

State of Vermont             At Montpelier  this 3d 
Washington County ss⎬ day of August A.D. 1832 personally appeared William Dewey &
made solemn oath that the above
deposition by him subscribed is just & true
Before (signed) Lucius B. Peck Justice of (the) Peace
Page 35

Secretary of      State of Vermont
States Office⎬ I hereby certify that Lucius 
B. Peck Esq(uire) of Montpelier was duly elected, &  is Justice of the Peace within & for the County of Washington for the year 1832 & that the within Signature of Lucius B Peck
is in his own hand writing   In witness
whereof I have hereunto set my hand & seal
of State this 7th day of August A.D. 1832
(signed) Timothy Merrill
Secretary of State


(sideways on record) 
W(illiam) Dewey
Affidavit
Page 36

3638

Declaration of
Susannah Dutton for the
benefit of the act of the
Congress of the 3(r)d March
1843.
$39:23

W. W. Cadwell
Montpelier 
V(ermon)t
Page 37

Declaration
In order to obtain the benefits of the Act of Congress of the 3(r)d March, 1843, granting pensions for one year to certain widows
who have received pensions under the Act of July 7th 1838

State of Vermont
Washington County ss⎬  On this tenth day of July one thousand eight hundred and forty three personally appeared before me William W. Cadwell a Justice of the peace within
and for the County of Washington Susannah Dutton a resident of Moretown in the County of Washington and State of Vermont aged Seventy Eight years, who being first duly sworn
according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 3(r)d March, 1843,
granting pensions to widows of persons who served during the Revolutionary War.
That she is the widow of Abel Dutton to whom a pension was granted to his widow Susannah Dutton after his decease he having applied by filing his declaration and having died before completing his testimony she would respectfully refer for the service of her said husband to the declaration originally made by him to which a pension was granted me for the time he lived after making his declaration also would respectfully refer to the declaration
made by myself on which a pension was granted me under the act of July 7th 1838 of Thirty nine Dollars and twenty two cents per annum which sum I received for the full term of five years which expired on 4th day of March 1841.

She further declares that she is still a widow and the widow of the said Abel Dutton
(signed) Susannah Dutton 

In presence of
(signed) William A. Dutton?
(signed) Ashley H Dutton

Sworn to and Subscribed on the day and year above written
Before me (signed)  William W. Cadwell Justice of the peace
Page 38

I William W. Cadwell do hereby certify that I have been personally acquainted with Susannah Dutton signee of the within declaration for ten years last part and
do know her to be the Identical Susannah Dutton who drew a pension under the act of 7th July 1838 and the widow of Abel Dutton deceased. 

dated at Montpelier on this 10th day of July
A.D. 1843.
(signed) William W. Cadwell Justice of the peace

STATE OF VERMONT,
Washington, County  ss⎬  I, S. Churchill Clerk of the County Court of the County of Washington in the State of Vermont, do hereby certify that
William W Cadwell
is an acting Justice of the Peace in and for said county, duly commissioned and qualified; that his commission was dated on the 30 day of November in the year of our Lord one thousand eight hundred and forty two
and will expire the thirtieth day of November next, and that his signatures to the foregoing
are genuine.
Given under my hand and the seal of said County Court, this 10th  day of  July
A.D. 1843.

(signed)  Stillman Churchill Clerk
Page 39

Abel Dutton's
Ad(ditiona)l? Declaration
Page 40

State of Vermont Washington County ss

Personally appeared before me,
the undersigned, a justice of the Peace
within & for said County of Washington,
at Berlin in said County, Abel Dutton
now of said Berlin, but late of Montpelier
in the same County who being duly sworn,
in addition to his statement made in his
application for a pension on the 11th day of
August A.D.1832 deposeth and saith, that
in December 1776 when he volunteered for two months under Capt(ain) Spaulding or Parker a he has stated in his said application, he went as a substitute for his brother William
Dutton, and that in all his turn in all his services 
in the Revolutionary war he served as one of the militia, and as a private. That for about
twenty seven years past he has resided in said
Berlin & Montpelier & in Warren in said County and previous thereto resided in Alstead Newhampshire

And he further saith, that, by reason of
old age and long continued ill health, and
the consequent loss of memory, he cannot
State with any more certainly than he
has already stated, the names of the officers
under whom he served, or be more particular, in any respect. He would, however, add
Page 41

that he has no recollection of ever having
received a written discharge
(signed) Abel Dutton

Sworn to and subscribed this 31st day of May
A.D. 1833, before
(signed)   Osman Dewey Justice of (the) Peace

The words " & in Warren in said County" were interlined before signature 

Attest Osman Dewey Justice of (the) Peace

State of Vermont
Washington County  ss⎬I, Joshua Y. Vail, Clerk of Washington County Court do here
by certify that Osman Dewey who
has affixed his name to the within
is a magistrate duly qualified, and
that I believe the same to be his
genuine signature.
In testimony whereof, I have here
unto set my hand and affixed the
Seal of said Court, at Montpelier this
Sixth day of August AD. 1833.
Joshua Y Vail Clerk