Revolutionary War Pension and Bounty Land Warrant Application File R. 10,324, for Elisha Sutton, New Jersey

SERVICE
NUMBER
New Jersey?
Sutton, Elisha
R 10,324
New York residence in 1833
CONTENTS

14,818
Elisha Sutton Michigan
Amended
e.i.
Enf 2
Direct in reply to Isaac L. Endrup - Dansville Livingston Co. New York -
Claimant
Dansville, Livingston Co. New York via New York City

WAR DEPARTMENT,
Pension Office,
May 17 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will 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, shewing the Service of Elisha Sutton of Dansville in Steuben County - N. York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Winter of 1778-79 1 Lieut. Capt. Anderson None named None Revolutionary   Revolution 1778 1 Private Dunn Aged 83 years, Warrant  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 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 } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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) _____, with _____ and served in the _____ (e) regiment of the _____ 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 _____
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 _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his 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

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? { 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 he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional 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 or soldier 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 _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; 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 officers, 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 case.
[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.
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 claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the 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 Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable 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, with the declaration.
Isaac L. Eddy, Isaac L. Eddy New York

10324
P. O. Elisha Sutton
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
The printed list of 1852 shows reasons for
Alleges: _____
suspension -
Re-enlisted: "For further proof. Papers withdrawn by Hon. John Norvell, January 16-1838"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18
✓

Suspended let 15 April 1838 to Messrs Hart and Sherland, let 16 Jan 1838 to Hon. J. Mansel.
10324

J L Endress
Rec. vol 30. p. 43.

War Department Pension Office Oct. 17 1833
Sir
The papers in support of the application of Elisha Sutton for a pension have again been examined — The specification, indicated by note a. in the printed form, as being required; on the first examination, not having been complied with, the case is suspended and the papers placed on file — If the applicant was commissioned by the State authorities of New Jersey a Lieut. he should produce his commission as a certificate from the Secretary of that State L Endrup, showing that was duly appointed &c
Dunorsville Livingston Co New York The papers of Lieut Dohy have also been examined — and are again character returned — The applicant must specify, as indicated in note a of the printed form, the duration of each term of actual service

June 17. 1834
A J. L. Endres
CC
NY
Rec. Vol. 30. pa 518

War Department Pension Office June 18 34
Sir
The papers of Elisha Satten have again been examined - In order to a satisfactory examination of this claim it is necessary that the claimant should furnish the names of his officers, particularly that of his Colonel & Captain
The papers on hand  are now on file
Isaac Eustis Esq. Danville New York

Elisha Hutton
Gloucester
Suspended
Revoc. Act 7 June 1833
Let. to S. L. Enders
17 Oct. 1833.
let to do 17 June
1834
let to Isaac S. Rowland
Aug. 13. 1835

West July 29. 1838
J. L. Edwards Esq. Comptroller of Pensions.
Sir,
I have the honor to transmit, herewith, additional evidence, in support of the application of Elisha Sutton, for a pension as a revolutionary soldier. He informs me that his application was made, some time since, from the State of New York, through Messrs Smith & Andrews; but having changed his residence to this Territory, he desires me to request that, amid this application be successful, his name may be placed on the Pension rolls of this Territory.
With great respect, Sir,
Your obedient Servt.
Isaac T. Portland

Isaac I. Rowland August 13 th 1835
O.C.
Isaac I. Rowland O.C. 1835
Rec. Vol. 40. pa 298

War Department Pension Office Aug 13 1835
Sir
In reply to your letter of the 29 th ulto enclosing an affidavit in support of the claim of Elisha Sutton I have to state that the evidence is insufficient to entitle him to a pension under the Act of June 7 th 1832 Mr Sutton states in his declaration that in 1778 he enlisted in Captain Anderson's company of the regular service and served therein twelve months. The only officer of that name and grade belonged in the regular service belonged to Col Dayton's regiment. The rolls of the reg t have been examined but the claimant's name is not borne therein. If the service in question was in Col Dayton's regiment the testimony of two witnesses is required to substantiate the claim and prove that the claimant was duly commissioned a Lieutenant.
Isaac S. Rowland Esq s Detroit
144
Michigan Territory

has already occurred will bring his claim within the spirit and the intention of the Law.
From his statements under oath, you will perceive that the applicant is far advanced in life, and has suffered the most, if not all of his companions in arms of the period to which he refers. To obtain at the present time positive proof of his services will be impossible. But we presume that in cases like the present, the deficiencies will not hold the applicant to strict & rigid proof. Should they do so it may certainly defeat the object and the spirit of the Law, and prevent many a worthy and true worth soldier from receiving that pittance from his country which will protect him from want & soothe his declining years with the reflections that the government for whose independence he toiled, is not ungrateful. The events detailed by the applicant as having occurred during his service in the war, and the accompanying testimony of the credible witnesses, who knew him in New York, as always being reputed a soldier of the Protection and who also unite in giving him a good character for truth & probity, ought it is humbly conceived entitle him to the relief he now seeks —
Respectfully yours W. H. Hall
Hartbaugh & Rowland

Cohuit July 1-1836
J. L. Edwards Esq
Sir,
Enclosed you have some additional evidence in support of the claim of Heskah Sutton for a pension,
We have been advised that his papers were made out in the state of N. York, and that in them he claims a pension for services in the Revolutionary War, as a Lieutenant. By reference to his statement under oath accompanying this, it seems that he only served, as a Lieutenant for a short period, and in all probability that circumstance has prevented the introduction of his name on the roll as such. It is thought however that the fact of his claiming a pension as Lieutenant will not prevent his receiving one, as a private if the department is satisfied, upon a consideration of the whole testimony furnished there, of the rendition by him of services in the latter capacity. Should we be correct in this view of the case, we think that the enclosed evidence, together with what the department

has already occurred will bring his claim within the spirit and the intention of the Law.
From his statements under oath, you will perceive that the applicant is far advanced in life, and has survived the most, of not all of his companions in arms of the period to which he refers. To obtain at the present time positive proof of his services will be impossible. But we presume that in cases like the present, the disclaimers will not hold the applicant to strict & rigid proof. Should they do so it may certainly defeat the object and the spirit of the Law, and prevent many a worthy and true worn soldier from receiving that pittance from his country which will protect him from want & soothe his declining years with the reflections that the government for whose independence he toiled, is not ungrateful. The events detailed by the applicant as having occurred during his service in the war, and the accompanying testimony of the credible witnesses, who knew him in New York, as always being reputed a soldier of the Pioneers and who also unite in giving him a good character for truth & probity, ought it is humbly conceived entitle him to the relief he now seeks —
Respectfully yours W. H. H. Smith,
Hartbaugh & Rowland

War Dept. Rec. Office Jan. 16. 1838
Sir,
Agreeably to your request I herewith enclose to you the papers in support of the claim of Elisha Sutton under act of June 1832 and have to yr request that you will acknowledge the reception of the same
(It does not appear that said papers were ever returned to this Bureau.)
J.S.C. Nov. 8, 1907.
Hon. John Norvell Senate U. States.

War Dept. Pen: Office April 15, 1836
Sir The amended declaration of Elisha Sutton Thomas of V. York has been ex d & filed with his other papers in this office. He alleges about two months service as a militia man and fourteen months as an enlisted soldier under Cap Anderson of the Artillery, but it would appear that he does not recollect the name of the Colonel of the to whose reg t , in which he served he belonged, nor has he mentioned to what state said reg t belonged. Unless this is done it is impossible to say ascertain whether his name is borne on the rolls of service in this office. The fact of the applicant being unable to state the not recollecting the name of his Colonel and of his having failed to avail himself of the benefits of the act of March 18, 1818, to which he would

have probably been entitled had he served as an enlisted soldier, raise a strong presumption against the justice of the claim. If therefore the applicant can designate the regt. to which he in which he served, and his name is not found on the rolls, he must com- ply strictly with the rule laid down in note 'j' in the enclosed printed sheet in order to a favorable decision.
Harbaugh & Howland Apr 15, 1886
Record Vol 28 PP 432
201 Messrs Harbaugh & Howland, Detroit, Michigan