Revolutionary War Pension and Bounty Land Warrant Application File R. 4833, Orange Heaton, Vt.
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VT 
Heaton, Orange
R. 4833
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Orange Heaton
Declaration
32028


Susp

_____ to 

_h_tyan VT
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State of Vermont
District of Bradford in the County of Orange}
On this 22d day of September AD 1834 Personally appeared Orange Heaton of Thetford in the County of Orange + State of Vermont aged [blank] years before the Probate Court within + for the District of Bradford in the said County of Orange in open Court now sitting + having been first 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, AD 1832.
That earley in the summer of 1777 the Inhabitants on Connecticut River in Thetford in said Orange County were in a state of great alarm for fear of an attack from the common enemy, the British, who in conjunction with the indians + torys were having around our frontier settlements. + it was thought expedient by the Officers of Col. Peter Olcott's Regt + the committee of safety, to raise a company of minute men as they were called, who should be ready at a moment's warning to march against the enemy, wherever + whenever he should make his appearances, + that they should arm + equip themselves also for this purpose. That this declarant as early as the first of July of that year (1777) with five or six other young men of the said Town of Thetford, voluntarily enlisted into this [illegible] of the United States + was placed under the command of Capt William Heaton of said Thetford + led Peter Olcott's Regiment for 
['the term of at least two + thirty' crossed out] the term of three years - armed + equipped themselves fully for this service - + was employed in guarding the frontier settlements, going on scouting parties + carrying messages of committees of safety. He well recollects that
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that he was engaged in actual service as a soldier when the inhabitants of Strafford + other towns west of Connecticut River, fled to the river for safety + was actually employed the whole of the summer + fall of 1777 after the first of July in scouting + keeping Guard in the said Town of Thetford since Nov. with the towns adjoining Thetford in the South + he is confident in fixing the period of his actual service in that year at five months - 
That in the summer of 1778 a state of things similar to that above mentioned existed in the towns of Thetford + the adjoining County + that this declarant was employed in actual service for this term of at least four months by [illegible] of his enlistment as a minuteman in the company + Reg't above mentioned. He cannot distinctly determine the times when he commenced or left the service this year (1778.) but he well recollects that he was employed the most of the time during the summer + fall of that year - he feels confident in fixing it at four months.
That in the summer of 1779 he was also employed in the same service as minute men in the same company + Regiment; though the alarm was not so great as in the two preceding years, still it was thought expedient by the committee of safety to keep up a Guard a part of the time + was actually employed at best three months during the summer+ fall of that year - That in the year 1780 he went to Royalton as a soldier in said service by minute man, at the time Royalton was taken + burnt by the Indians + tories + were absent three days + also went to Newbury in Vermont as an alarm
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being given that the enemy was collecting at that place having gone two days - + did duty as a soldier in said Capt William Heaton's company - 
And he further declares that in the fall of the year 1780 soon after his return from Newbury as above mentioned, a call was made for soldiers to go + man the Fort previously erected at Strafford in the County of Orange Vermont, then under the command of Capt John Powell of Col. Peter Olcott's Regiment ass he understood - that he (this applicant) enlisted into [illegible] Powell's company for the terms of two months + served out that period of time under said Powell in said Fort. - was employed in keeping Guard in said Fort + going on Scouting parties - He things there was one other company at Strafford, but Powell st that time though there might have been two companies - Making the whole amount of this declarants revolutionary service at least fourteen months - This he can state with confidence - he thinks he served much more time, but he feels no disposition to exaggerate - In answer to the interrogatories, proposed he answers - that he was norm i Swanzey in the State of New Hampshire in the years 1761 - that he has [illegible] of his age that he knows of except in his family Bible - that he lived in Thetford when called into service + he can [illegible] still lives there - that he volunteered when called into service as above stated - that
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as persons in his neighborhood who can testify as to his character for truth + veracity + their belief of his service as a soldier in the revolution - He hereby relinquishes every claim whatever to any pension or annuity except the present -- He claims that his name is not the pension roll of any agency in any state.
/s/Orange Heaton

We Elisha G. Babcock a clergyman residing in the Town of Thetford in the County of Orange + State of Vermont & Lyman Fitch of the said town of Thetford hereby certify that we are well acquainted with Orange Heaton who has subscribed + sworn to the foregoing declaration that we believe him to be 73 years of age - that he is reputed + believed in the neighborhood where he resides to have been a soldier of the revolution + that we concur in that opinion.
/s/Lyman Fitch
/s/Elisha G. Babcock

Sworn to + subscribed the day + year aforesaid.
And the Court do hereby declare their opinion after the investigation of the matter + after putting the interrogatories prescribed by the war department that the above names applicant was a revolutionary soldier + served as he states + the Court further certifies that it appears to them that Elisha G. Babcock who has signed the preceding certificate is a clergyman resident in the town of Thetford - that Lyman Fitch who also signed the same is a resident in the town of Thetford + is now an assistant Judge of the County Court of said Orange County + is a credible person + that their statement is entitled to credit - and the Court further certifies that Simon Short before whom the accompanying depositions of
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+ the Court further certifies that it appears to them that Elisha G. Babcock who has signed the preceding certificate is a clergyman + resident in the town of Thetford + that Lyman Fitch who has also signed the same is a resident in the said town of Thetford + is now an assistant Judge of the County Court of said Orange County + is a credible person + that their statement is entitled to credit - and the Court further certifies that  Simon Short before whom the accompanying depositions of Human Pennock, William, Heaton, Lucy Heaton + Simon Gillett were sworn to + subscribed is now + was at the time the named deponents were sworn to the truth of said depositions + Justice of the Peace within + for the County of Orange + State of Vermont duly commissioned + sworn. And the Court further certifies that the word Augt was erased + the word Sept  entered before signing that an erasure was also made in the foregoing declaration immediately after the words "Olcott's Regiment for" - 
I Simeon Short Clerk or Register of the said Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Orange Heaton for a Pension - 
In Testimony whereof I have hereunto set my hand + seal of said Court this 22d day of August AD 1824.
/s/Simeon Short Clk
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I Simon Gillett of Thetford in the County of Orange + State of Vermont a pensioner of the United States aged 75, being sworn, do certify + say, that sometime in the fall of 1777 I had leave from my officers to return home to Thetford in Vermont, I think a short time after Burgoyne surrendered + found that a company of minute men had been organized in said Thetford, for the purpose of guarding the frontier settlements, which were at that time equally [illegible] to the occasions of the British +  Indians + Tories - This company as I understood was under the command of Capt. William Heaton  of said Thetford - Israel Smith was the Major Bayley of Newbury was the General; the Gen'l's name I do not distinctly recollect - At the time I came to Thetford the said Company of Minute men was keeping guard on the bank of Connecticut River in said Thetford. + were kept marching from Vermont line on the South to Fairlee line on the North of said town - + recollect that I joined this company of volunteers for a few days . I recollect of seeing Orange Heaton of said Thetford, who is now making application for a pension, doing duty in said company + I understood that he belonged to it. + that he was [illegible] active + faithful in serving his country at this time. I further testify that I went in company with the said Orange Heaton from Thetford to Royalton in Vermont. At the time, Royalton was taken + burnt by the Indians + immediately after leaving Royalton he + his company were called on to march in Newbury, where it was said the [illegible] was repaired - I understood the company minute men above mentioned were in action [illegible] all or nearly all of the summer of 1777 - + also of the two or three following years, the ['frontier' crossed out] he [illegible] on the frontier in Thetford + the town adjoining [illegible] in state of constant alarm during those years.
/s/Simon Gilletts
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I Lucy Heaton of Thetford in the County of Orange + State of Vermont aged Seventy five years - do testify + say, that I resided in said Thetford in the year 1777 + from the time until the present that in the year 1777 a company of minute men as they were called, was formed in Thetford in the command of my father Capt. William Heaton + I think in Capt Peter Olcott's Regiment. + that my brother Orange Heaton now of said Thetford belonged to said company + was employed in keeping guard on Connecticut River + watching cattle + effects I well recollect that in the month of July 1777 the inhabitants in Strafford + other towns west of Thetford became greatly alarmed with the expectation that the enemy was approaching + left their home, with their cattle + boats+ came to Connecticut River for protection + assistance. I well recollect that my brother Orange Heaton went with others of his company as a guard to conduct said inhabitants to the River + I am quite confident that he was actually employed as a soldier all or nearly all of the time, during the summer + fall of 1777. + of the two or three following seasons. There was a walking Guard [illegible] - whose duty it was to march through the town of Thetford on Connecticut River + also to go on scouting [illegible]. My brother Orange Heaton belonged to this Guard + I think he went on scouting parties to Strafford + other places - I know that he cam to Royalton where it was burnt + I also recalled of his being stationed at Strafford two or three months. The precise time I do not recollect, the year I do not recollect, though I think it was toward the close of the war - 
/s/Lucy Heaton
State of Vermont
Orange County ss} At Thetford in said County on the 12th day of July AD 1834 the foregoing Deposition of Simon Gillet + Lucy Heaton were duly sworn to + subscribed before me + I certify that the said Lucy + Simon are credible persons.
/s/Simeon Short Justice of the Peace
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I William Heaton of Thetford in the County of Orange + State of Vermont, aged 67 years do testify + say, That I lived with my father William Heaton in said Thetford at the commencement of the revolutionary war + have ever since resided in said town; + not withstanding I was but about eleven years of age at the time. I well recollect that the inhabitants being in a state of almost constant alarm + fear of attack from the enemy, who roamed around our frontier settlements + I recollect that in the year 1777 for two or three years after a Guard that was left on the banks of Connecticut River + that my brother Orange Heaton, who is making application for a pension did duty as a soldier + am confident that he was engaged in service from time to time for the period of three or four years or during the war - but I cannot state definitely  how long he served at each time nor under what officers - though I have some recollection - that my father commanded a company - I could recollect that he went to Royalton when it was burnt in 1780 + that he went on an alarm to Newbury that he was stationed two or three months at Strafford from after Royalton was destroyed + while stationed in Strafford I well recollect that is commanding officers were Capt. John Powell
/s/William Heaton

State of Vermont 
Orange County ss} At Thetford in said County July 12th AD 1834
The foregoing Deposition sworn to + subscribed Before me Simon Short Justice of the Peace and I certify that the said William Heaton is a credible person.
/s/Simeon Short Justice Peace
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Orange Heaton jr. 
Warrant to Commissioner of Sequestration
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In Court of Safety State of Vermont
Bennington 28th July 1777

Major John Smith of Bradford one of the Commissioners of Sequestration in Said State.
You are required/agreeable to a previous [illegible] his Council of Discharge all the Lands, Tenements, Goods and Chattels as any Person or Persons, in this State; whom you know or may after [illegible] to have repaired to the Enemy, and a true [illegible] to take and return to this Council all such Articles as are wanted for the use of the  Army; which if wanted at Manchester or elsewhere, where there is a Contractor to receive and pay for them, You will appoint three persons noted for good judgment, which after being duly sworn are to Apprise the same; and all other movable Effects you are to sell at Public [illegible], Except such necessaries as Humanity requires for the Support of such Families. And after paying necessary charges, you are to remit the remainder of the Money to this Council - You will take the [illegible] of beneficial Marks of every Creature [illegible] and their age, from whom they came, for what Sold, and (?)
You are to Lease out all Such Lands and Tenements at a reasonable price, not exceeding two years. Giving preference to ['those' crossed out] Such persons as have been drawn from there firearms by this [illegible]. You are further authorised to arrest any Persons or Persons you you shall have sufficient grounds to believe are enemies to the Liberties of the and the other United States of America; And all such persons as you shall arrest, you will seize all their movable effects unless there is danger of their being embezzled and kept in safe custody until after Trial, if [illegible phrased crossed out] 
If they are acquitted to give up to such person or persons such Seizure; but if found guilty to make return to this Council. Your are to call to your Assistance such person or persons as you shall find necessary keeping regular [illegible] of your [illegible].
By order of Council
/s/[illegible] Allen Sec'y
/s/Thomas Chittenden President
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Orange Heaton
R. 4833. Vt.
An order to Capt. Wm. Heaton signed Israel Smith at Thetford Dec. 20, 1776
An order to Sgt. Elihue Horsford signed Wm. Heaton Capt. at Thetford Feb. 24, 1777.
A receipt signed by 9 soldiers of wages received from Capt. Wm. Heaton at Thetford Dec 8 1777.
These papers have been removed from the claim to be forwarded to the War Dept.
AW
Oct. 22, 1912

Sent to War Dept.
Jan. 16, 1913.
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['Acts of July 14, 1862, and March 3, 1873.' crossed out]

[annotated] REJECTED
4833
P.O.
Orange Heaton
Service: ______
Enlisted: ______, 18
Discharged: ______, 18
Application filed: ______, 18
Alleges: ______
Re-enlisted: ______
Attorney: ______
P.O. ______
______ Recognized.  ______Contra
______Cert. of Dis.  Searched for ______, 18
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Orange Heaton 
Vermont
_______
4833
Suspended 
Simeon Short Esq

14 October 1834
2q. Nov.
do 12 Jany 1835
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THOMAS CHITTENDEN, Esq; Captain General, Governor and Commander in Chief, in and over the State of Vermont.
To William Heaton Gentleman

You being elected Captain of the Militia Company in Thetford in the 4th Regiment of the Militia of this State; Reposing special trust and confidence in your Patriotism, Valour, Conduct and Fidelity, I do by these Presents, in the name of the Freemen of this State, authorise and impower You to take charge of said Company as their Captain You are therefore carefully and diligently to discharge the duty of Captain of said Company by doing and performing all manner of things thereunto belonging: And I do Strictly charge and require all Officers, and Soldiers, under your command, to be obedient to your orders as Captain and you are to observe and obey such orders and directions from time to time as You shall receive from me the Governor of this State for the time being, or other your Superior Officers, according to the rules and Discipline of War, and the Laws of this State.
Given under my hand, and the Seal of this State, in Council, this 10 Day of June 1770 By his EXCELLENCY Command.
/s/M. Lyon D Secy
/s/Thos Chittenden
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I Human Pennock now resident of Haverhill in the County of Grafton + State of New Hampshire late resident of Strafford in the County of Orange + State of Vermont aged Seventy three last July - do testify + say - that in the year 1777, the inhabitants of said Strafford + in the vicinity were greatly alarmed for fear of an attack from the enemy + ['the inhabitants' crossed out] sought safety by moving on the banks of Connecticut River with the families + effects + that I went with others, to assist in guarding the property + persons of said inhabitants + put myself under the command of Capt. William Heaton of said Thetford served under him for the terms of about two months or more + I will recollect that Orange Heaton of said Thetford was there doing duty as a soldier served in the said Capt. Williams Heaton + was employed in defending the frontier + guarding property during the times that I was there + was armed + equiped as well as any other men for the [illegible]
I also testify that in the year 1780 immediately after the burning of Royalton by the British + Indians, there were one or two companies + militia raised to guard the frontier settlements which [illegible] there is great alarms + stationed at Strafford
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+ I well recollect that the said Heaton was a soldier in said Capt John Powell's company of Thetford + I should think was stationed there about two months + was there dismissed with the ['rest of the' crossed out] rest of his company.
/s/Human Pennock

State of Vermont
Orange County ss} At Thetford October 23d AD 1832, The foregoing deposition sworn to + subscribed before me + I certify that the said Human Pennock is a credible person - 
/s/Simeon Short Justice of the Peace
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Orange Heaton Claim
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I Simon Gillet of Thetford in the County of Orange + State of Vermont aged 76 years, a United States pensioner, do testify + say, in addition to what I have heretofore testified for Orange Heaton of said Thetford, who is now making application for a Pension on account of his revolutionary services. that some time in the fall of 1777 & returned home to Thetford from the service + was informed at Thetford that William Heaton who then resided in Thetford had some time previous been chosen Captain of the company of Militia in Col. Peter Olcott's Regiment that he had in the capacity of Captain, commanded a company at the taking of Burgoyne + I have ever since understood from said Capt. William Heaton + from others that said William Heaton took the command of a company as captain at the taking of Burgoyne - + I further testify that I was personally knowing to said Heaton's acting as Captain in said Thetford for several years during the Revolutionary War - + was attached as I understood to Col. Peter Olcott's Regiment - + I always understood that William Heaton was commissioned + acted under competent authority
/s/Simon Gillet

Sworn to + subscribed Nov. 7 AD 1834 in Probate Court
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State of Vermont
Probate District of Bradford
in the County of Orange}
On this 12th day of November AD 1834 - Personally appears before the the Probate Court within the said District of Bradford now [illegible] Orange Heaton a resident of Thetford in said Orange County aged 73 years, that same who being first duly sworn, doth on his oath make the following additional declaration in order to obtain the benefit of the Act of Congress passed June 7, 1832 - + that he well recollects that his father William Heaton was chosen Captain of the company of Militia of the 4th regiment of the Militia of Vermont of which Israel Smith was the Major + Peter Olcott was Col. - either in the fall of 1776 or the Spring of 1777 he is not confidant which he knows it was previous to the surrender of Burgoyne in the fall of 1777 - as his father took the command of his company as captain + was present at the taking of Burgoyne - this declarant who recollects that Israel Smith, the Major of said 4th Regiment was [] at the taking of Burgoyne. But this declarant is not able at this time to explain why his father William Heaton did not receive his commission at an earlier period than June 1778, other than that the [] between the State of Vermont + New York [] - this declarant has obtained the affidavits of William Child Esq + Simon Gillet showing that said William Heaton was in point of fact chosen Captain as early as June 1777 + actually commanded a company in that capacity in the service of the United States at the taking of Genl. Burgoyne
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pervious on the ground that all others was duly commissioned + acted under the authority the of this letter. He refers the deport must to the cases of Jonathan Rich + Frederick Smith of Bradford Vermont. Who have this obtained provision.
Orange Horton

State of Vermont District of Bradford
T Simmion Port Brighton of the Court of Probate within the County of Orange + for the said district of Bradford do hereby certify, that on the 12th day of Nov AD 1834- Orange Horton named personally appeared in said court + was duly sworn to the following declaration + session  Gilbert Wiliams which whose deposition are hereunto annexed each personally appeared in said court (illegible) on the 5th + Gilbert on the 7th of Nov entitled + duly law + were sworn to the that they are credible witnesses + duly further certify that the two documents hereunto annexed are presented to the court by said persons: our purporting to be a companion to William Keaton others an order of the Council of safety of Vermont district to Major Frael (illegible) + the Court intuition no doubt of their being genuine papers
In Testimony whereof I have hereunto set my name + the seal of said court this 12th May of November AD 1884
Simeon Short Leyeter
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Orange Heaton
Application
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I William Child of Thetford in the County of Orange State of Vermont aged 77 years next December do testify [illegible] that I am well acquainted with Orange Eaton of said Thetford who is now making application for a Pension on account of his Revolutionary Services & I was well acquainted with his father Capt William Heaton late of said Thetford deceased, from the year 1776 when he came to Thetford to reside until his death. & I was well knowing to his being chosen captain of a company of militia in said Thetford in the Spring of 1777 in the month of June I think. Which company, as I understood belonged to Col Peter Olcott's Regiment, & that said Capt William Heaton was called out with his company or a part of it, to march to Soratoga at the taking of Burgoysie & that he was absent about six weeks a that time. I further testify that the document [illegible] in the commission which was issued to the said Heaton under the Authority of the State of Vermont. & the reason why he did not receive his commission at the time he was chosen was oweing to the cancelled state of affairs, then subsisting between the State of New York & Newfoundland, both of which States then claimed Jurisdiction over the Territory of Vermont. & the State of Vermont

Willm Child
Subscribed & sworn to 
in Probate Court Nov. 5th
AD 1834-
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State of Vermont
Probate District of Bradford in the County of Orange} On this of day of January AD 1835, Personally appeared in Open Court before the Probate  Court within and for the district of Bradford in said County of Orange + State of Vermont now sitting - Orange Heaton a resident of Thetford in said County aged 73 years who being first duly sworn according to law, doth on his oath make the following additional statement or declaration, viz - that since he forwarded his declaration + evidence to the war department, he has found among the papers of his late father Capt William Heaton auth'd the appended documents which he has no doubt are genuine papers. The Receipt of Frederick Earnest, Elihu Horford + others, was as this declarant understands + easily believes ['was' crossed out] for services rendered at the taking of Burgoyne; and although this declarant did not accompany his father on that tour of duty as he was stationed to help guard in Thetford as stated in his declaration, yet he well recollects that the persons whose names, are named to the left went under the command of his father on that occasions. It is implied in the receipt that the service there under was continental service.
If the documents now forwarded in connexion with other evidence, contain matter sufficient to satisfy the department, that Capt. William Heaton acted under competent authority in the year ['1777 +' crossed out] 1777 so as to authorise allowance of this declarant's claim for service that year, it will be gratefully accepted by him. But if the Department will not think the evidence sufficient to warrant his claims for service that year, he hereby signifies his acceptance of the allowance of nine months service as proposed by the department in their communication dated Dec.  1, 1834.
/s/Orange Heaton
Sworn to + subscribed the day year aforesaid in testimony whereof I do hereunder set my hand + the seal of said Court the day + year afore'd - /s/Simeon Short Register of the Court
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Thetford, January 2d 1885

Sir-
I forward you some further documentation to the claim of Orange Heaton of this town. From the matter contained in this paper which I have no doubt are genuine, it seems very clear that William Heaton acted as Captain de facto in the year 1777. And from the [illegible] in the Receipt "due from the continent to us" it would appear that the claim was recognized as being [illegible] on the Continental Establishment. The other papers recognize him as Captain during that year, though no Commission has been found of an earlier date than 1778. It appears from the appended document signed Israel Smith, that Col. Peter Olcott issued orders to this action of Captain in December 1776. In July following Heaton issued his order as captain to Elihu Horford. I cannot but hope that the department will consider this testimony in connexion with those already offered as being sufficient to attain [illegible] an allowance of the service term formed by serv'd O Heaton in the year 1777.

The service seems to have been rendered with a full belief at the time that it was done [illegible] competent authority. If however, the department should still feel a delicacy in the case, the 9 months hrein will be [illegible].

I am with great respect
your Obedt Srvnt
Simeon Short

Honr J. L. Edwards
Commissioner of Pensions