Revolutionary War Pension and Bounty Land Warrant Application File S. 28770, for Christopher Hutton, New York

SERVICE
New York
Hutton, Christopher
NUMBER
S. 28770
B.L.W. 990-200-Subit Issued Oct. 25, 1790. No papers.
CONTENTS

New York 32,080 Christopher Mutton, of Columbia Co. in the State of N-Yr who was a Lt. Adj't. in the _____ by Captain _____ of the reg't. by Col. Cortland in the N-York line for 2 years
Inscribed on the Roll of Albany at the rate of 480 Dollars _____ Cents per annum to commence on the 14th day of March, 1831. To end February 15. 1843, when he died.
Certificate of Pension issued the 28 th day of Nov r , 1843 and sent to Wheeler H. Clarke, Hudson, N.Y.
Arrears to the 14th of
Pension allowance ending Payable to Isaac Mutton & Stephen Wendover, Executors, Payments under the Act of March 1818 & May 1828 to be deducted
{ Revolutionary Claim, { Not June 7, 1832. }
Recorded by D. Brown Clerk Book E. 2. Vol. 4 Page 31
Reported to Agent. See letter let. to W. H. Clarke 26. Sept. 1844 -

Stephen Winthrop & Isaac Hutton.
Executors of the Will of Christopher Hudson deceased.
for an inventory of his Hudson in the act of The final N 32.
Whalen H. Clarke.
Hudson
New York
Agent.

State of New York Columbia County } ss
I William H Toby Surrogate of the County aforesaid do certify that at a Surrogates Court held at the village of Kinderhook in & for said County before me on the thirtieth day of June in the year of our Lord one thousand eight hundred and forty three it is as duly proved by the adduction of satisfactory evidence to me that Christopher Hutton is dead - that he died at his residence in the town of Stuyvesant in the County of Columbia and State of New York that he was a resident of said town of Stuyvesant at the time of his death - That he left no child, descendant or widow - That he left a last will and Testament & therein & thereby appointed Isaac Hutton & Stephen Windover of Stuyvesant aforesaid executors thereof That said will has been duly proved before me and the said Stephen Windover & Isaac Hutton have taken & subscribed the usual oath of office as executors as aforesaid and are duly qualified to act as execu- tors of the last will & Testament of the said Christopher Hutton aforesaid In testimony whereof I William H Toby as Surrogate aforesaid have hereunto subscribed my name & affixed my official seal at Kinderhook this fourth day of July 1843
Wm H Toby Surrogate

Declaration.
In order to obtain the benefit of the act of Congress of June 7th 1832,
State of New York Columbia County ss. On this 3 rd day of July A.D. 1843 personally appeared before the subscriber, one of the Justices of the Justices Court of Hudson, the same being a Court of Record, Isaac Hutton & Stephen Windover, residents of the town of Stuyvesant in said County, Executors of the last Will & Testament of Christopher Hutton, late of Stuyvesant aforesaid deceased, who was a Revolutionary pensioner of the United States, And they said Executors being first duly sworn according to law doth on their oaths make the following Declaration in order to obtain for said Christopher Revolutionary services as Executors of his will, the benefit of the provision made by the act of Congress passed June 7th 1832,
That said Christopher Hutton obtained in his life time a Pension for his Revolutionary services, under act of 18th March 1818. and subsequently under Act of 13th May 1828 of $320 per Annum.
For proof of the Revolutionary services of said Christopher Hutton these Declarants respectfully refer to the proofs of said Christopher Hutton on file, And to the Certificate of the Deputy Secretary of State of New York recently sent to the Pension Office, as they are informed.
This application is made to obtain under act of 7th June 1832, an increase of the rate of pay or Pension of said Christopher Hutton over and above $320. per Annum, the said increase to commence from the 4th March 1831 & end the 13th day of February 1843 the day

the day when said Christopher Hutton died. The Pension Certificate of said Christopher Hutton is in the possession of said Declarant and is numbered - 574 - and has date the third day of August - 1827 -
Said Christopher Hutton left no child nor descendant of a child & no widow him surviving.
Sworn to and subscribed before me this 3 rd day of July 1843 - S Richard Carrigine justice
J. Hutton Stephen Windover
I Richard Carrigine the justice before whom the foregoing Declaration was made do certify that said Isaac Hutton & Stephen Windover above - named reside in the Village of Haines port in this County, distant from Hudson about ten miles. That said Stephen Windover from age & sickness is unable to attend before a Court of Record, and said Isaac Hutton is a man far advanced in years, as aged as seventy years.
In testimony whereof I have hereunto set my hand this 3 rd day of July AD 1843. Richard Carrigine justice
State of New York Columbia County § I, James W. Burrough Clerk of the Superior Court of Judicacy in said County the same being a Court of Record, do hereby certify that Richard Carrigine Esq. before whom the foregoing Declaration purports

to have been made and by whom the foregoing certificate was given was on the day of the date thereof one of the Justices of the Justices Court aforesaid duly qualified and commissioned in said Court.
That I am well acquainted with the hand writing of said Justice & truly believe his signature to said Declaration & certificate to be in his hand writing.
In testimony whereof I have hereunto set my hand & affixed the Seal of said Court this 5 th day of July 1843.
J. W. Burrough - Clerk.

28770 Prog INVALID.
File No. 28770
Christopher Hutton
Lieut Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 197
[Arrangement of 1870.]

13,033
New York
Christopher Hutton
Rinderhook in the state of N. York who was a Lieut. in the regiment commanded by Colonel Van Cortlandt of the N. York line, for the term of the war.
Inscribed on the Roll of New York.
at the rate of 20 Dollars per month, to commence on the 6 th of July 1819
Certificate of Pension issued the 28 th of July 1819 and sent to Peter N. Day, Esq.
New York.
Appears to be of Portion of Semi-ann. all'ce ending 4 Sept. 1819. 1 30 / 3 39:35
$39:35
{ Revolutionary claim, } { Act 18th March, 1818. }
Columbia County
See letter to C. Hutton Sept. 22 nd 1835
let to N. H. Clarke March 1843
See letter in ch. of James Ducker R.F. 3110!

35556
Christopher Hutton NY
Set to N H Blake Sep 4 43
act 7 June 1832

35.556
Christopher Hutton Dec d
N.Y.
Act th 7 June '32
Adm d
2 years
Prof d Adm d
$480
Certificate to be issued in favor of
Stephen Windover } Ex d Isaac Hutton }
Wheeler A Clarke Esq;
Hudson
N York

Samuel Jenkins Esq. Albany, at Union Agency.

My dear Sir,
I have applied to the Comt. of Pensions to increase the Pension Christopher Hutton rec d in his life time. Mr. Edwards writes me that the Pension certificate, issued to Lieut. Hutton, under act of 13 th May 1828 must be returned, before one can be issued under act of 7 th June 1832. Lt. Hutton is dead his Executors Isaac Hutton & Stephen Woodrow Esq s have made use of the certificate to obtain at your Agency the annuities due said Lt. Hutton at his decease in February last. The Executor Isaac Hutton presented himself at your Agency about the 10 th day of July last to obtain said annuities.
Will you by return of the bearer, or by return of mail furnish me with the necessary proof of what has been done with that certificate

As this is the only thing wanting in this case I am desirous of having it attended to instantly.
Resy yours Wheeler H. Clarke
Perkins Esq.
P.S. If the certificate has been sent to the Treasury Depart- ment that will answer my pur- pose. If it is not sent can it be sent to Hudson New York immediately.
Sept. 11 th 1843.
Not sent to you can it be sent to immidi- ately then send me proof of its return to your office

Albany Sept Albany Pension Agency Sept. 7. 1843.
I certify that the original pension certificate of Christo- pher Hutton, a Pensioner under the act of May 15. 1828, is on file in this Office, and will in due time be forwarded as a Voucher to the Treasury Department, his Entitlement with the balance due at the time of his decease } Tho. H. O'Leary, Pension Agent per J. Jenkins.
Has Mr. Clarke attended to the estate of Mrs. Hutton respecting the marriage of her daughter

Feb 20. 1843
My
Christopher Hutton
1843 Feb 20
Pension Office.
Col. L. Canard,
Commissioner of Pensions
Washington

Sir.
Christopher Hutton of this County now draws a pension of $320. per annum for his Rev. services under the act of 1828.
Mr. Hutton was first pensioned under act of 1818. and subsequently under act above mentioned.
Mr. Hutton's services are undoubtedly on your records, and the amount he received per month likewise; but for the purpose of having them more convenient for your reference, they are herein enclosed.
It appears from this enclosed evidence that he served as Ensign from 1776. That he was Lieutenant in 1779 & Adjutant from May 28 th 1778. And that for more than 2 years he served as Lieutenant & Adjutant and that his pay as actually received by him was $476. per annum.
It is concurred that he is entitled to $476. per annum instead of $320. the amount he now gets. And I am authorized by him to bring this matter before you -
In granting a pension in all cases, I presume reference should be had to the actual amount the claimant received when in his office -
Mr. Hutton was Lieutenant & Adjutant. As Lieutenant his pay was $26.66 per month - - And

$13 per month additional for his services as a Deputy.
See Resolves of Congress of 27 May 1778. Volume 4. page 311.
Your favorable & early attention to this matter is requested.
I am truly Yours,
Phileta A. Clarke.
Hon. J. L. Edwards.
Hudson, New York, February 16th 1843.

Sept 11 43
Hon. Wm. H. Hudson
Secy. of War
L. L. Edwards,
Court of Pensions Washington.
Pension Office.

Hudson New York
Sept 7th 1843.
Sir,
Yours relating to the case of Christopher Hutton den d is rec d . The enclosed communication from Mr. Jenkins from the New York Agency at Albany will show the use made by the Ex rs of said Hutton of his certifi- cate issued under act of 15th May 1832.
This will be sufficient to enable you to issue the certificate under act of 7.
June 1832. As the Certificate is virtually returned - in the way usual on such occasions, the certificate It is hoped that you will issue the certificate under act of 7th June 1832 on receipt of the enclosed
Very Truly Yours,
Wheeler A. Clarke.
Hon. J. L. Edwards.

Isaac Sutton Stephen M d oon Ex rs of Christopher Sutton ds.
Wm. H. Clarke, Hudson, New York Sept.

Declaration,
In order to obtain the benefit of the act of Congress passed May 15 th 1828, granting pensions to all Officers &c, who served to the end of the Revolutionary War, in the Continental Army.
State of New York
Columbia County } ss. On this 20 th — day of March 1844 personally appeared before the subscriber, a Justice of the peace in and for said County, Isaac Mutton and Stephen Wendover, Esquires, Executors of the last Will & Testament of Christopher Mutton, deceased, and made the following Declaration in order to obtain the benefits of the act of Congress passed May 15 th 1828, above mentioned.
That the said Christopher Mutton served in the War of the Revolution as a Lieutenant and Adjutant until the End of said War, and in his life time obtained a pension of Three hundred and twenty dollars per Annum under said Act of May 15 th 1828, and your declarants recently obtained an increase of the rate of the pension said Christopher Mutton received, which was allowed to your declarants as his Executors under act of 7 th June 1832. And your declarants make this Declaration in order to obtain an increase of said Christopher Mutton's pension under said Act of 15 th May 1828, to $480, per Annum from 3 rd March 1826 to the 4 th March 1831, being 5 years & one day at that rate, in addition to what has been before rec d , after deducting the Amount said Christopher Mutton rec d , from said 3 rd March 1826 to said 4 th March 1831, being the

Sum of One Hundred and Sixty dollars per annum in increase during said 3 years some day over and above what said Christopher Hutton received himself during that same 3 years and one day.
Sworn to and subscribed before me this 20 th day - of March 1844 by said Isaac Hutton and said Stephen Windover Esq r to me known to be the same individuals above described.
Isaac Hutton
Stephen Windover
Edward Hutton Justice of the peace,
State of New York } ss I William H. Soby Surrogate of the County Columbia County } of Columbia do certify that Isaac Hutton and Stephen Windover are the persons named in the last will & Testament of Christopher Hutton late of the town of Stuyvesant in the County aforesaid deceased - that their testimony upon said will have been granted to them by me as such Surrogate & that they are duly au- thorized to act as such executors - And I do further certify that I am acquainted with the hand writings of the said Isaac Hutton & Stephen Windover and that the signatures "Isaac Hutton" & "Stephen Windover" to the foregoing proposition subscribed are the genuine signa- tures of the said Isaac Hutton & Stephen Windover the executors of said Christopher Hutton deceased. In testimony whereof the said Surrogate has hereunto subscribed my name & affixed my official seal at Kinderhook in the County of Columbia this twenty third day of March one thousand eight hundred and forty four William H. Soby Surrogate

State of New York
Columbia County
ss. I John J. Fraser clerk of said County do hereby certify that Medad Butler, before whom the annexed declaration of Isaac Hutton & Stephen Woodson purports to have been made, was on the day of the date thereof one of the justices of the peace in & for said County that I am acquainted with the hand writing of said justice and verily believe his signature thereto to be his hand writing & signature.
In testimony whereof I have hereunto affixed the seal of said County & Subscribed my name, this 30 th day of April, One Thousand Eight Hundred & Forty four.
J. J. Fraser Clerk

(Revolutionary Claim)
Hon. J. L. Edwards Commissioner of Pensions
City Washington D.C.
Sept 21. Ch. Hutton N.Y. Oct 788.

To the Hon. J. L. Edwards Commissioner of Pensions.
Sir, the enclosed papers were on the way as intended for the Court, but just at the time I rec d . a communication from you as Commissioner of Pensions, so was induced to stop my course and to make Address more properly to you, and do now offer them containing a full and familiar view as to my object. Will you please give, whatever may be your decision on my case to favor me to know; and of what may be required of me in furtherance of my claim as stated in the enclosures. —
Respectfully yours
Christ. Nutton
Stuyvesant Sep r . 7 th 1835.

State of New-York, } ss. I, BENJAMIN FERRIS, Clerk of City and County of New-York, } the City and County of New-York, and Clerk of the Court of Common Pleas, in and for the said City and County, Do hereby Certify, That PETER AUGUSTUS JAY , Esquire, before whom the annexed affidavits were made, and who hath subscribed his name to the Certificate also hereto annexed, was on the day when the said Affidavit, were made, and the said Certificate signed, Recorder of the City of New-York, and a Judge of the Court of Common Pleas, called the Mayor's Court of the City of New-York, and duly commissioned and sworn. And further, that the said Court is a Court of Record; that I am acquainted with the hand writing of the said Peter Augustus Jay, and verily believe that the signature of P A Jay subscribed to the said Certificate, is the proper hand writing of the said Peter Augustus Jay.
In Testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, this Eighth day
of July 1819
Benj. Ferris Clerk

To the Honorable Peter Augustus Jay Recorder of the City of New-York, one of the Judges of the Court of Common Pleas, called the Mayors Court of the City of New-York, which is a Court of Record of the State of New-York,
The Declaration under oath of Christopher Hutton formerly an Officer - engaged in the Service of the United States, during the Revolutionary War, and now a Citizen of the United States, and resident of Kinderhook in Columbia County State of New York Respectfully Showeth, that the said Christopher Hutton in the Year 1777 received a Commission as Ensign in the Third New York Regiment commanded by Col. Peter Gansevoort in which Regiment he served until the Year 1780. That in June 1778 he was appointed adjutant of the said Regiment That in February 1779 he was promoted to the Rank of Lieutenant and received a Commission as such. That in 1780 the five New York regiments were reduced to two after which the said Christopher Hutton was attached to the second Regiment commanded by Col. Van Courtlandt & continued to serve in the said second Regiment until the Peace in 1783 when the Army was disbanded. That the said Commissions cannot be found having been at the said Christopher believes accidentally burned -
And this Declaration further representeth that the said Christopher Hutton is now a Citizen of the United States, and residing in the Kinderhook aforesaid,

and is by reason of his reduced circumstances in life, in need of assistance from his country for support;
Therefore he conceives himself entitled to the benefit of the Act of the Congress of the United States, entitled, "An Act to provide for certain persons engaged in the Land and Naval Service of the United States, in the Revolutionary War, approved, March 18, 1818, and requests that your Honor will examine into the truths of the matters aforesaid, certify and transmit the testimony in this case, and the proceedings had thereon to the Honorable the Secretary of the Department of War, to the end that such relief may be had in the premises, as is by law in such case provided. And in support of the facts above set forth, he refers to the Deposition of himself and of the other Deponents hereafter set forth,
Dated, the 6 th day of July 1819 Christ n Hutton
City and County of New-York, ss. Christopher Hutton
being duly sworn, says, that the matters by him set forth in the foregoing Declaration, are in all respects just and true.
Sworn the 8 th day of July 1819 before me, S
Christ n Hutton
P. A. Jay
City of New York, William Mandeville being duly sworn saith that he is acquainted with the above named Christopher Hutton & knoweth that he is in reduced & indigent circumstances & life & needs the assistance of his country for support
Sworn the 5 July 1819 Before me
W m Mandeville
P. A. Jay

City and County of New-York, ss. Be it Remembered, That on the Six 11 day of July — in the year of our Lord one thousand eight hundred and Nineteen before me, Peter Coeymans Jay — Recorder of the City of New-York, one of the Judges of the Court of Common Pleas, called the Mayor's Court of the City of New-York, which is a Court of Record of the State of New-York, personally appeared the aforesaid Christopher Hutton — Applicant, and William Mendenhill
entitled to the fullest credit, who being by me duly sworn did depose to the truth of the facts stated in the foregoing declaration and affidavits by them subscribed, and the said Applicant also on the seventh day of July in the Year aforesaid James Fairlie did also depose to the truth of the facts contained in the deposition hereto subjoined
Whereupon I being satisfied that the said Applicant did serve in the Army of the United States, on the Continental Establishment, in the Revolutionary War, against the common enemy, for the term of nine months and longer, to wit, for the term and in the manner stated in the declaration of the said Applicant; and that he is fairly and justly entitled to the benefit of the Act aforesaid.
Therefore, I do hereby Certify and transmit the testimony in the case, and the proceedings had thereon, as before set forth, to the Honorable the Secretary of the Department of War.
Given under my Hand and the Seal of the said Court, at the City of New-York, the day and year last above written.
P. A. Jay
City of New York ss: James Fairlie Esquire being duly sworn doth depose and say that he was an Officer in the First Second New York Regiment in the Year 1776 & continued an Officer in the Continental service during the whole revolutionary war. That he knoweth the within named Christopher Hutton who is a Member of the Society of Cincinnati of the State of New York & knew him when he was adjutant of the said Second Regiment & that he served as such several years with distinguished reputation.
sworn the 7 July 1819 Before me P. A. Jay
J. A. N. W. U.

City of New York ss: Theodosius Fowler being duly sworn  an Officer in the first & afterwards in the fourth & lastly in saith that he was a Captain in the second New York Regiment commanded by Colonel Philip Van Cortlandt during the revolutionary war & that he was well acquainted with the within named Christopher Hutton who was a Lieutenant and adjutant in the same regiment & an excellent officer & served therein as such to the knowledge of this deponent several years -
Christopher Hutton 2nd Lieut. Officer New York Line 2nd New York Regiment
Given under my hand this 9th day of July 1819
from the 9 July 1819 Before me
P. A. Jay
Notary Public
I Peter Augustus Jay Recorder of the City of New York do certify that the within named Christopher Hutton is himself a Person of good reputation & that it satisfactorily appears to me that he is in reduced & indigent Circumstances in life & needs the assistance of his Country for support and I further certify that the within named James Fairlie is personally known to me & is Clerk of the Supreme Court of the State of New York and that full faith is due to his deposition. Given under my hand This seventh day of July 1819 P. A. Jay

Act 1828 Battled at Treasury Consp. with Ingrat. file # 28.770
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

Revolutionary Claims.
[ A. ]
Form of a Declaration to be made by the Officers.
For the purpose of obtaining the benefits of an act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved on the 15th of May, 1828, I, Christopher Hutton of the Town of Huyesant , in the county of Columbia , in the State of New York , do hereby declare that I was an officer in the Continental Line of the Army of the Revolution, and served as such* until the end of the war.
at which period I was a Lieutenant Adjutant in the Second regiment of the New York line.
And I also declare, that I afterwards received certificates (commonly called commutation certificates) for a sum equal to the amount of five years' full pay; which sum was offered by the resolve of Congress, of the 22d of March, 1783, instead of the half pay for life, to which I was entitled under the resolve of the 21st of October, 1780.
And I do further declare, that I have received of the United States as a pensioner since the 3d day of March, 1826,
Witness my hand, this twenty eighth day of July , in the year One thousand eight hundred and twenty eight . Christy Hutton
Before me, ‡ Evert A. Bancker Commissioner in the county of New York in the State of New York , personally appeared, this day, Marinus Willett and Timothy Hutton , of the said county, who did severally make oath that Christopher Hutton , by whom the foregoing declaration was subscribed, is generally reputed and believed to have been an officer in the Army of the Revolution, in manner as therein stated.
Witness my hand, this twenty eighth day of July , in the year One thousand eight hundred and twenty eight . Evert A. Bancker Commissioner M. Willett T. Hutton
I, Nicholas Dean Clerk of the Court of the county of New York , in the State of New York , do hereby certify, that Evert A. Bancker Esq. , before whom the foregoing affidavits were sworn, was, at the time, a Commissioner, and duly empowered to administer oaths.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this Twenty ninth day of July A. D. 1828 . N. Dean
Here insert, To the end of the war, or, (as the case may be,) to the time when the arrangement of the Army provided by the resolves of Congress of the 3d and 21st of October, 1780, was carried into effect, and that I was reduced under that arrangement. † Here insert, The sum of _____ dollars, paid to me by the agent for paying pensions in the State of _____ if the claimant has not been a pensioner, this part of the declaration may be omitted. ‡ A Justice of the Peace, or other magistrate duly empowered to administer oaths, as the case may be.

721
536
Commission in favor of Christopher Hutton, as Lieutenant in the 3 rd New York Reg t dated 28 June 1779. —

Sir
Enclosed I transmit the documents required, to entitle me to the provisions of the late Act of Congress passed for the relief of the surviving Officers of the Revolutionary Army— You will please to notice that my full pay as Lieutenant and Adjutant, was 39\frac{60}{90} dollars p r month— I was appointed Adjutant in May 1779. and continued such until the discharge or disbanding of the American Army in the year 1803. as pay, Muster, and Inspection Rolls will Witness— therefor conclude that the contemplated pay will be graduated according to that to which I was entitled while in actual service.
I expect to remain a short time in this City, it will add greatly to my accommodation to receive while here, the amount to which I may be entitled— please to direct to the care of M c Timothy Hutton No. 9. Cedar Street New York. Respectfully
Yours
Christ. Hutton
New York July 28 th 1828.
Hon! Rich d Rush—

Honorable Richard Rush
Sir
Your favor of the 15 th Inst. is just receiv'd for which accept my thanks - My Commission which has now come to hand, I beg leave to enclose as additional evidence of my claim.
I am Sir very respectfully Your Obedient Serv t .
Christ r Hutton
City NY. Aug t 21 st 1828.

May 3, 1844
Ms. A. 9. 2. 20. 11 Army Christopher down  down die.
Pension Office.
W. H. Canady, Com r . of Pension, Washington.

Hudson New-York. April 22 nd 1844.
Sir.
I send enclosed the Declaration of Isaac Hutton & Stephen Wendover, Esq rs Executors of Christopher Hutton dec d , made under Act of May 15 th 1828.
Christopher Hutton in his life time obtained a pension of $320. per Annum under said Act of May 15 th 1828.
His Executors above named obtained an increase of the Pension said Christopher rec d . under act of June 7 th 1832. They have been paid at the rate of $480 per Annum from March 4 th 1831 to the time of said Christopher's death, being an increase during the last mentioned period of $160 per Annum above what said Christopher rec d .
The enclosed Declaration is to obtain an increase of $160. per Annum, of the pension said Christopher rec d . from the 3 rd March 1826 to the 4 th March 1831, being 5 years & one day -
You will see therefore, that the Executors of Christopher Hutton, claim that said Christopher Hutton, under Act of 15 th May 1828, was entitled to $480 per Annum, instead of $320 per Annum. And that he was entitled to a pension at the same rate under act of May 15 th 1828, that he was under act of 7 th June 1832.
The acts of May 15 th 1828 & June June 7 th 1832 give to the Rev d Soldiers the same thing viz. "The amount of his full pay in the said line According to his rank ". not exceeding the pay of a Captain.
The act of May 15 th 1828 is as follows -

"Each of the surviving officers of the Rev n in the "Continental line &c. be authorised to receive, the — "Amount of his full pay in the said line, according "to his rank in line",
The act of June 7 th 1832 reads as follows Viz. "Each of the surviving Officers &c who shall have "Served &c is authorised to receive &c the Amount "of his full pay in the said line, according to his rank".
Christopher Hutton's services in the Rev n are all in the continental line — both as Lieutenant & adjutant. His pay was $480 per annum.
The amount of pay he rec d . I conceive to be the true criterion of the pension he was entitled to — provided it did not exceed Captain's pay.
The opinion of the Attorney General of the U States, Roger B. Saney, given May 18 th 1832. is in front and as I think conclusive.
See No 126.
Pension Land. page 47. 48.
The Atty General says.
"But, looking at the whole act, it appears, that those "who were on the pension list of 1828 were not excluded "on the ground that their claims were less meritorious than "those of others; but they were excluded, because being "entitled, under the act of 1828, to as much as they "could receive under the act of 1832, it was deemed "useless to make the same provision over again in "their favor."
The Attorney General says in that same opinion that the law did not intend to draw a distinction between persons who performed the same description of services ".
Can it be said that his services as adjutant was not in the continental line". I think not. And I presume no such position will be taken.

The foregoing claim and the remarks thereupon are submitted, with much confidence in the correctness of the positions taken - and are most respectfully submitted.
Yours truly
Charles A. Clarke
Hon. J. S. Edwards.
uh the

Christopher Hutton Evidence of Service & pay per Ann.
Claim is $476. per Ann. from Comt of his pension in 1826.
Mr Hutton rec d .
pay as Lieutenant at the rate of $26.66 per month & $13.00 addi- tional for his services as adjutant - See the pay he rec d . See Resolve of Congress of 27th May 1778. P. 106 Page 31/1
Wheler H. Clarke, Anderson New York Arm.
35356
Christopher Hutton and
NY.
act 7 June '32
Lt Adjt 2 yrs -

State of New York } Secretary's office }
I certify that appears by the Military Register in this office that Christopher Hutton was a Lieutenant in the Third New York Regiment on the 6 th of February 1779, Ensign 21 st November 1776, Adjutant 28 th May 1778, Mustered to Jan'y 1782.
Arch d Campbell Dep. Sec. of State
Albany Feb. 14. 1843.

We the Subscribers Commissioned non Commissioned Officers and privates of the Troops of the State of New York in the Service of the United States do hereby acknowledge to have received of the Auditor appointed to liquidate and settle the accounts of the Troops of this State in the Service of the United States the Sums annexed to each of our names being the full balance due to us respectively for our pay earned in the year one Thousand seven hundred and eighty one
Pay Roll of the Officers of the Second New York Regiment for 1781
   Commencement of Service Time of Service Amount of pay per year Debts due the State for Clothing Debts due to the Paymaster P. in New Jersey Balance due Amount in Dollars Balance due Amount in Pounds Shillings and pence No. of Certificate Issued Subscribed Witness N o of Pensions Remarks   M o Days     Christopher Hutton Lieutenant Colonel 1 st Jan y 1781 12 ~39.60 476.00 107.03 15.45 361.19 3/4 144.9.9 7334734 Ch s Hutton  
I certify the above to be a correct copy of an abstract of pay Roll now on file in the office of the Comptroller of the State of New York Albany Feby 14 th 1843.
M. T. Tegg, Comptroller

July 12 1843
Cont.
c.
Nyack
L. Hudson
J. L. Edwards,
Court of Pensions. Washington
FREE
Pension Office.

New York City July 10 th 1843.
Sir,
In February last, an application was made for an increase of the Pension of Christopher Hutton of this County, to which your letter of the 16 th March last is an answer.
I had prior to that time called upon Mr. Hutton and found him sick & unable to attend to business, and the application for an increase of his pension though sent by me one day after his death, had been prepared prior to that event and when I sent it I was not aware that he was dead.
Your said letter of March 16 th stated that it would be necessary for him to apply himself for the provisions of the act of June 7. A.D. 1832.
The enclosed appt. of his Ex y is a sufficient compliance with your requisition.
There is no intimation in your letter as to the amount of increase allowable in this case.
His pay in 1781 was $476 per annum and I presume that on an act 7 th June 1832 he was entitled to that amount if no more.
Adjutant John Brimble of the City of Albany of New York obtained on an act of 7 th June 1832 $565 per annum & I believe he is still alive enjoying it at that rate.
In this application by said Ex y they claim the highest amount they are entitled to of course & it is presumed that no other adjutant in the service could have been entitled to more than Christopher Hutton. And of others in the same station we d as high as $600. or $565. per annum.

I cannot see why he was not also entitled to it.
Res d Yours
Minot H. Blake,
Nov. 6 D. A. S. Edwards,

709 M. G. Original pay 536
REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
Aug. 15. 1828.
Christopher Hutton of Stuyvesant, in the County of Columbia, in the State of New York, has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such to the end of the war
at which period he was a Lieutenant in the Second regiment of the New York line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, nothing . dollars, paid to him by the agent in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary, A. D. Dikins.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
23 d August 1828
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Christopher Hutton - Lieut. in the New York line, amounting to Sixteen Hundred dollars.
It further appears that Christopher Hutton  not is now on the pension list of the  any agency, and has been since the 3 d March 1826 at the rate of  not  per month
John Hagner And
62936