Revolutionary War Pension and Bounty Land Warrant Application File S. 12654, Benjamin Cuthbert, Continental New York Privateer

SERVICE
NUMBER
Continental New York Privateer
Cuthbert, Benjamin
S. 12654
CONTENTS
carded

33. 126
Vermont, Montpelier Benjamin Cullbert, Esq.
of _____ in the State of _____ who was an Artificer in the _____ commanded by Captain _____ of the _____ commanded by _____ in the Revolution One for 15 mos 26 days Artificer 3 " 5 " Private
Inscribed on the Roll of Montpelier at the rate of 169 Dollars 16 Cents per annum, to commence on the 4th day of March, 1831. Gleng 28 th March 1844
Certificate of Pension issued the 24 th day of May 1854 and sent to W. G. Wade Rose
Arrears to the 4th of
Semi-annual allowance ending
N.Y.
Income $158.66
Revolutionary Claim, } Act June 7, 1832. } Recorded by _____ Clerk, Book E.R. Vol. 3 Page 60
N.Y. Continental Privateer Records completed (60) Dec. 16/05. S.

6650
Benjamin Cuthbert
Supplement
N.B. Harrell Burlington

WAR DEPARTMENT,
Pension Office,
27 April 1833 3
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 Benjamin Cuthbert
   Period when the service was rendered. Duration of the claimant's service 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.   Years. Months. Days.     1776 - 5 - Private Col Morris Graham 83 years old   1777 - 4 - " do do lived at a place called the mines   1779 & 80 - 15 - " Col Hays of Artillery. Postness.   1780 - 3 - " Col Ben Scullers & Col Lewis Dubois   2 3 0 Regt NY York troops  
I am, respectfully,
Your obedient servant,
Mr Benjamin Cuthbert
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) _____, who has 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 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. 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
No such corps of Artificers as that stated is known to the not within the act

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 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 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 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 place- 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.
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 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
in affair. Service on board private armed vessels is

A Revolutionary Claims.
STATE OF VERMONT, } Chittenden County, ss.
ON this seventeenth day of August A. D. 1832, personally appeared in open Court, before the Honorable County Court for the County of Chittenden, now sitting, Benjamin Curtis a resident of Plinesburgh in the County of Chittenden and State of Vermont, aged Eighty Three years, who being first duly sworn according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7, 1832, That he entered the service of the United States under the following named officers, and served as herein stated.
I enlisted at New Windsor in the State of New York in the month of September 1777 into Captain James Young's Company in Col Andrew Taylors Regiment of Artificers — In the Spring of 1778 I was assigned to Col Vdney Hays detachment, who belonged to the Massachusetts troops, and in consequence of a wound which I received in October 1778 I was discharged on the last day of December 1779 at the Fishkills, having been in the service twenty one months .
In 1780. I engaged at New Haven in Connecticut on board the Privateer Recovery. Commanded by Captain Smedley who was employed by General Trumbull, to capture and molest the enemy. — on my first voyage I was taken prisoner carried into New-York and put on board the Prison Ship Hunter I was taken in February, and was not released until the May following — this service was about four months
I recollect that Majr Hale was in the service and belonged to the Artificers detachment in 1777. and 1778 — our business was building barracks, — making Shiver de Frize , and making a large chain to put across the Hudson River at West Point.
I think I received a discharge, (in consequence of my wound) signed by Vdney Hays, — this discharge I had with me at the time I was captured, — and it was then taken from me.
I was born in Providence Rhode Island in the year 1749.

I have no record of my age, but recollect to have seen my age recorded in my Father's Bible
He hereby relinquishes every claim whatever to a Pension or annuity except the present, and declares that his name is not on the Pension Roll of the agency of any State.
Sworn to and Subscribed } (witness N. Newman) the day and year aforesaid, }
Before Nathan B. Mearns Clerk
Joseph Dyer Robert Beach
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 certify, that it appears to them, that Nathan B. Mearns  Joseph Dyer and Robert Beach
who have signed the annexed certificate and who are residents of the town of Hensburgh are credible persons and that their statement is entitled to credit.
Attest El. Brownson John Vandicklin
Judges of Chittenden County Court
STATE OF VERMONT, Chittenden County, ss.
I Nathan B. Mearns Clerk of Chittenden County Court, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Cuthbert — for a Pension.
In testimony whereof I have hereunto set my hand and seal of office, this 17th day of August
A. D. 1832.
Nathan B. Mearns

Benj n Southbert die d 28 Mch 1844-
Benjamin Southbert Administrator,
W G Wade
in letter to P.G. 21 Mch
Atty of Present.

State of Vermont District & County of Washington ss. §.
I Joseph Poland, Judge of the Probate Court in and for said District and County of Washington and State of Vermont, do hereby certify, that at a probate Court held before me at my office in Montpelier on this twenty sixth day of March Eighteen Hundred and fifty three, Evidence Satisfactory to said Court was adduced to show that Benjamin Cuthbert deceased was a resident of Starksboro in the County of Addison in the State of Vermont, and was an Applicant for a pension, died on the twenty Eighth day of March in the year of Our Lord One Thousand Eight Hundred and forty four, that at his death he left no widow him surviving, but left the following named children, which are his only children him surviving, viz. Christina Cuthbert Cornwell & Benjamin Cuthbert of Warren in the State of Vermont, John Cuthbert now residing in the State of Michigan, Elijah Cuthbert & Mary Knapp now residing in Dodge County State of Wisconsin, and Amy Vidito in the State of Pennsylvania, and that each of said persons are of the age of twenty One year and upwards.
I Further Certify that Benjamin Cuthbert is the Administrator of said Benjamin Cuthbert deceased duly appointed and authorized to act as such.
In testimony Whereof I have hereunto subscribed my Name & Affixed the Seal of said Court at Montpelier this twenty sixth day of March in the year of our Lord One Thousand Eight Hundred and fifty three.
Joseph Poland, Judge of Probate.

I hereby certify that Joseph Poland who has subscribed the above in his own hand writing is the present Judge of Probate for the County & District of Washington & that the attestation of said Judge is in due form of law.
In testimony whereof, I have in Probate Court at Montpelier in the County of Washington State of Vermont this 20 th day of March A.D. 1883 subscribed my name & affixed the seal of said Court Charles Reed, Register.

Washington, Mch 21 st 1853.
Sir,
Brig n Luthulent (alias Leadboth) applied for a pension from Vermont for services, as an Artificer , soon after the passage of the act of 7 th June 1832, in reply to his application he was informed that the Department possessed no knowledge of any such Corps, - having been engaged in the service of the United States in the Rebell n War, -
It is requested that the papers be re-examined, and reference be had to the records in the Pension Office, of such service, to corroborate or disprove his statements,
I am Respectfully Your Obedt Servt. H. G. Wade
Hean Le P Waldo Com r of Pensions,

January 4, 1924
Myrtle M. Jones
Brandon, Wisc.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 12654 it appears that Benjamin Cuthbert was born in 1749 in Providence, Rhode Island.
While a resident of Nine Partners, New York he enlisted August 1, 1776 and served as a private in Captain William Stewart's Company, Colonel Morris Graham's New York Regiment, and was discharged January 1, 1777. He enlisted April 1, 1777 and served as a private four months in Captain Heermans's Company, Colonel Graham's Regiment.
In September 1777 he enlisted and served as Artificer in Captain James Young's Company, Colonel Andrew Taylor's Regiment of Artificers, was transferred under Lieutenant Purdy and Colonel Udney Hay in the Quartermaster's Department; was wounded in October 1778, in consequence of which he was discharged December 31, 1778.
In 1780 he engaged at New Haven, Connecticut on

board the Privateer " Recovery ", Captain Smedley, and on his first voyage was taken prisoner in February 1780, carried to New York and put on the prison ship "Hunter"; he was released the following May, having served four months in all.
He enlisted August 1, 1780 and served as a private in Captain Thomas McKinstry's Company, Colonels Van Bunshoten and Lewis DuBoys' New York Regiment and was discharged November 1, 1780.
He applied for pension August 17, 1832 while living in Hinesburg, Chittenden County, Vermont. He died March 28, 1844 in Starksboro, Addison County, Vermont, leaving no widow (her name not given), but the following surviving children, who were all living in 1853 in the places named below, and to whom the pension was allowed: Christania Cuthbert, or Christania Cuthbert Cornwall, and Benjamin Cuthbert of Warren, Washington County, Vermont; John Cuthbert of Michigan; Elijah Cuthbert and Mary Knapp of Dodge County, Wisconsin, and Amy Vidito of Pennsylvania.
Respectfully,
Acting Commissioner.

Rev man
12654 INVALID.
1923-Dec-11-Hist. to Prof. L. R. Jones MMNF. 1924-Jan-4-Hist. to Myrtle M. Jones MMNF.
File No. 12,654
Benjamin Cuthbert Certif: Poor War
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Benjamin Cabot
Oct 10 32
Hon. L. P. Waldo Commissioner Pennies Washington D. C.

Revolutionary. Vermont, Benjamin Cuthbert, Suspended,
See letter to M.B. Vaswell, 17 Sept. 1833.
Act 7 June. 1832.

33.126
Vermont M Benjamin Southbert decd,
of in the State of who was a Artilleryman Artificer commanded by Captain of the commanded by in the * line for Revolution
Inscribed on the Roll of Montpelier at the rate of 138 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831. Ending 28. March 1844
Certificate of Pension issued the 28. day of Apr. 1853 and sent to - W. G. Wade
Arrears to the 4th of
Semi-annual allowance ending
Rose N.Y.
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by P. M. Ray Clerk, Book E 2 Vol. 3 - Page 60.
* N.Y., Continental and Privateers. Records completed Dec 16/85. S.

March 21. 1853
Re: to cause of Benj. Cuthborth (alias Cudworth)
DEPARTMENT OF THE INTERIOR, Pension Office, Official Business
Commissi
1853 Yours Sincerely (minus President) L. P. Waldo Clerk of Pensions

STATE OF VERMONT, Chittenden County, ss.
6 I Nathan P. Mann Clerk of Chittenden County Court, do hereby certify that, John M. Eldredge Esqr. before whom the annexed Affidavit is taken, was at the time thereof, a Justice of the Peace, duly qualified, acting under the authority of this State, and that I believe his name thereto subscribed, to be his own proper signature.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, at Burlington, this 18 th day of August A. D. 1832

Burg n Luthurst Cambridge Albany, N.Y.

[Persons making application at the Comptroller's, or Secretary of State's Office, for searches, or certificates of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.]
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
1780 Oct r 30. Benj n Andberth Priv.     No. of Cert'e issued £ s d     11742 8 8 10   " " " $10 50.   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "   " " "  
STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, May 11 th 1803
I hereby certify the above to be true extracts from Book No. 3 now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
   First — under Capt. Thos. M c Kinstry in Col. Wm. Malcolm's Regiment.   Second " " "   Third " " "   Fourth " " "   Fifth " " "   Sixth " " "   Seventh " " "   Eighth " " "   Ninth " " "   Tenth " " "   Eleventh " " "   Twelfth " " "   Thirteenth " " "   Fourteenth " " "   Fifteenth " " "  
I have examined the rolls for the above, and find £ 8: 8: 10 to be correct.
Am. Lee Examining Clerk.
Philip Schuyler Comptroller.

Steele of Vermont Chittenden County
Personally appeared before me The undersigned a Justice of the Peace for Chittenden County, Benjamin Cuthbert of Hinesburgh to me known as the same person who made his declaration before the Honorable Chittenden County Court, who being duly sworn deposes and says that by reason of old age, and the consequent loss of memory, he can not recall faithfully as to the precise dates of his services, - but gives the following particulars as to the nature and periods of his services - On some of the last days of September or first days of October  August 1777 - I enlisted for three years at New Windsor in the State of New York into the service of the United States, I was enlisted by one Captain Young, in Col Andrew Taylor's Company Regiment as I then understood of Artillery, - Col Young Taylor I believe was soon after discharged or dismissed, on account of his dissipation, as was also Captain Young, - I was then commanded by Lieutenant Purdy. - we were marched to Pikes Kill and employed in building barracks, - I was there when Gen Putnam was wounded, and at the time Fort Montgomery was taken - Col Udney Gay - who I believe belonged to the Massachusetts troops took charge of the artillery Major Daniel Hale also belonged to the same Corps. and I believe Col Gay was afterwards attached to the Quarters Master's Department, - I recollect some of the following persons who served in our Company or Corps, (but do not know that any of them are living, or that I can identify them testimony) - Robert Williams, John Cale, Daniel Steel, James Clancy, James Silefield Samuel Clancy, John Dill, Isaac Chamberlain, John Clifford, John Chamberlain, Caleb Waddams, Timothy Williams, Wm M c Namara, Jeremiah Purdy (brother of Lieut Purdy)

I received a wound while in the service, and was discharged, by Col. Henry Hay on the last day of December 1778 at Fitchburg, — I stated in my application which is here attached, that it was on the last day of December 1779 — but on reviewing the documents which happened at the time, I am confident it was December 1778 making fifteen months, service
I omitted to mention in my first application some services performed by me in the Militia, on the first of August 1776 I enlisted at the nine Pattenes in the State of New York for five months, into Captain William Starks Company, in Colonel Morris Grahams Regiment of New York Troops, I served the full time and was discharged at Pekskeel July 1. 1777 — In April (the first day) in 1777. I enlisted for twelve months into Captain Andrew Haimonts (Battalion) Company in Col. Grahams Regt of New York Troops, and served out my time
On the first of October August 1780. I enlisted for three months into Captain Thomas McElraths Company in Col. Ben Scuters (Battalion) and Col. Lewis Dubois Regt of New York Troops, I was discharged the first of November 1780, — I know of no documentary evidence or living witnesses. That I can attest to substantiate my services — When I first entered the service I lived at the nine Pattenes in the State of New York since the Revolution. I have lived at the nine Pattenes, and at Kinderhook New York but for the last thirty years I have lived in Vermont. — I am now Eighty four years of age
(over)

I am confident my name can be traced among the Records of Cal Udney Hays - if they are in the War office, but my memory does not enable me to state, in what particular Regiment he first engaged, all I can say is that he had charge of the Artillery and as I then understood he was from Massachusetts.
Benjamin G. Dutton Esq.
Sworn and subscribed this 3 rd day of July A D 1833. and I hereby certify that the above named Benjamin G. Dutton is a credible person
Before me
Nathan B. Maseall Justice of the Peace
State of Vermont Chittenden County
I Nathan B. Maseall Clerk of Chittenden County Court do hereby certify that Nathan B. Maseall Esq. before whom the foregoing declaration was taken was at the time thereof a Justice of the Peace duly qualified acting under the authority of this State, and that his name thereto subscribed is his own proper signature. In testimony whereof I have hereunto set my name and caused the seal of said Court to be hereunto affixed, this 7 th day of July A D 1833
Nathan B. Maseall

Rev. Ben Cuthbert
No 6450.

State of Vermont } Chittenden County, }
We the undersigned inhabitants of Hinesburgh in the County of Chittenden do hereby certify on oath that we are acquainted with Benjamin Cuthbert, and from our acquaintance with him we believe is above eighty three years of age, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier and we concur in that opinion
Sworn and subscribed this fifth day of August A.D 1832, and do hereby certify that the above deponents are credible witnesses
Rathun Leavensworth. Joseph Ayers & Robert Pease.
John McElhedge Clerk of the Peace
State of Vermont } Chittenden to wit } Hinesburgh August 5th AD 1832
I hereby certify that Joseph Ayers is a minister of the gospel of the Methodist Episcopal order is in good standing and is now stationed on the circuit in which I reside
John McElhedge for Peace
I hereby certify to all May be called on to say that Benjamin Cuthbert is a brother and Varnesty
Witness that the above Man of Providence Plus a Hugen

State of Vermont Chittenden County
I hereby certify that the papers hereto attached and marked A B. & C. are the same documents heretofore forwarded to the Pension office to substantiate the claim of Benjamin Cuthbert, and that since their return from the Pension office
the document marked Additional No 1. has been added In testimony whereof I have hereunto set my name and affixed the seal of Chittenden County Court this 7th day of July, AD 1833
Nathan M c Laughlin Clerk

No 38. 499
Benjamin Cuthbert, let
Act of June 1832
Adm 15 pms, 26 days Atkins Artificer p 138:14 per annum salary 4 Mch 1831 ending 28 March 1844, payable to
Benjamin Cuthbert, Ad o for the benefit of himself, Christiana Cuthbert John Cuthbert Elijah Cuthbert Mary Knapp & Amy Violite only surviving children most falcen (see roll, Atkley Artificers)
W m Wade Rose M m

Increase.
Benjamin Cuthbert, decd. Vermont. Admitted.
Act 7 th June 1832.
15 mos. 26 days Artillery Com- fice. . . . . $158.66
3 mos. 5 days private. . . . 10.50
$169.16
$169.16 per annum from 4 th March 1831 to 28 th March 1844 when he died. deducting for- mer payments at $158.66 per annum.
Pay Benjamin Cuthbert, Ad- ministrator for benefit of Benjamin Cuthbert, Christiana Cuthbert, John Cuthbert, Elijah Cuthbert, Mary Knapp & Amy Vidito, only surviving children.
Certificate to,
W. G. Wood Esqr.
Rose.
N.Y.

O. C. Sept. 17 1833. H. B. Haswell, Burlington, Vt.
U. 206. (10) Pa 180 ~

War Department Pension Office
Sept r 19. 1833.
Sir
The papers in the case of Benj- amin Nuttall have been again examined, and placed on our files
This Alleged service in the corps of arti- llers cannot be admitted, as no such body of artificers is known to the office. This service on board the privates not having been provided for by the law of 7 June 1832, cannot be received into the computation of a pension. His other services, as they are mentioned for the first time in his additional declaration must be proved by the living witnesses -
N. B. Haswell Esq Burlington

Grant in the case of Benjamin Cutburt, due? Washington County and State of New York. Vermont, act 7 th June 1832.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
This claim was admitted under above act for Benjamin's services for fifteen months, as an Artillery Artificer. It is now shown that he also served three months and five days as a private of militia.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
W. G. Wade Esq. Ras. e. N. Y.
Chas. H. Rhet.
Examining Clerk.

Rose, N.Y.
May 19 th 1854
Sir
Enclosed is Comptroller's certificate as additional evidence in case of Benjamin Lathrop of Vermont.
Very Respectfully
Your obedt Servt For W. G. Wade
Hon d L. P. Waldo Comr Denier Washington D.C.

Buy n Southport Scrap p Vermont 32 - -
Wade

POWER OF ATTORNEY.
STATE OF Vermont COUNTY OF Washington } ss :
Be it known, that before me, a
Justice of the Peace in and for the county aforesaid, duly authorised by law to administer oaths, personally appeared
* Benjamin Cuthbert a resident of Marshe in the county of Washington in the State aforesaid, who being first duly sworn according to law, states that he is Son of Benjamin Cuthbert, late of Stark'sboro in the county of Addison and State of Vermont who was a revolutionary Soldier & Officer and that he believes the United States are still indebted, under existing laws, for the pension that was due under the application heretofore made, and that he is directly interested as a claimant in the pension for which application was heretofore made as aforesaid, and constitutes and appoints WILLIS G. WADE, of Washington, D. C., his true and lawful attorney, with his power to examine into, investigate, and establish the claim for said pension, and do all acts necessary thereto.
In Witness Whereof, Benjamin Cuthbert has on this 17 th day of Feby 1853, hereunto signed his name, and affixed his seal.
Witness; John S. Crompton Rodrick Richardson
Signed, sealed, acknowledged, and sworn to before me, on this 17 th day of Feby
1853
Rodrick Richardson
J. P.
* Here, if the soldier or officer is living, insert his name; if he is dead, and the widow is living, insert her name; if both dead, insert one of the living children's names; if the children are all dead, and either of them survived the former unsuccessful applicant, insert the name of the administrator of that former applicant.
† Here, if the soldier or officer is living, insert his name again; if the widow is living, insert the words "widow of," and the name of her husband; if both dead insert the words, "son or daughter of," and the name of the former unsuccessful applicant.
‡ Here insert the word "soldier," or "officer," whichever he was.
NOTE.—When a female is the person who executes this paper, please put the letter s before the word he in every place where it occurs.

POWER OF ATTORNEY.
STATE OF Vermont COUNTY OF Washington } ss :
Be it known, that before me, a
Justice of the Peace in and for the county aforesaid, duly authorised by law to administer oaths, personally appeared * Benjamin Cuthbert a resident of Morris in the county of Washington in the State aforesaid, who being first duly sworn according to law, states that he is Son of Benjamin Cuthbert, late of Starkboro in the county of Addison and State of Vermont who was a revolutionary Soldier Officer and that he believes the United States are still indebted, under existing laws, for the pension that was due under the application heretofore made, and that he is directly interested as a claimant in the pension for which application was heretofore made as aforesaid, and constitutes and appoints WILLIS G. WADE, of Washington, D. C., his true and lawful attorney, with full power to examine into, investigate, and establish the claim for said pension, and do all acts necessary thereto.
In Witness Whereof, Benjamin Cuthbert has on this 17 th day of Feby 1853, hereunto signed his name, and affixed his seal.
Witness; John S. Campbell Roderick Richardson
Benjamin Cuthbert [L]
Signed, sealed, acknowledged, and sworn to before me, on this 17 th day of Feby 1853
Roderick Richardson
1853
J. P.
* Here, if the soldier or officer is living, insert his name; if he is dead, and the widow is living, insert her name; if both dead, insert one of the living children's names; if the children are all dead, and either of them survived the former unsuccessful applicant, insert the name of the administrator of that former applicant.
† Here, if the soldier or officer is living, insert his name again; if the widow is living, insert the words "widow of," and the name of her husband; if both dead insert the words, "son or daughter of," and the name of the former unsuccessful applicant.
‡ Here insert the word "soldier," or "officer," whichever he was.
NOTE.—When a female is the person who executes this paper, please put the letter s before the word he in every place where it occurs.

THE UNIVERSITY OF WISCONSIN
COLLEGE OF AGRICULTURE
DEPARTMENT OF PLANT PATHOLOGY
MADISON
October 24, 1923
United States Pension Bureau Washington, D. C.
Gentlemen:
My maternal grandfather, Benjamin Cuthbert, was a soldier in the Revolutionary War. His home was in Vermont and he is now buried in the village of Starksboro, Vermont, having died in  1842. I am told that he drew a pension in the later years of his life. Will you kindly look up your records and advise me if this is the case and also send me, in that case, any evidence from your files as to his Revolutionary War record.
Sincerely yours,
L. R. Jones, Professor of Plant Pathology
LRJ:S
# His tombstone bears the inscription:
Benjamin Cuthbert died January 29, 1842 48 aged 92 years.

Brandon, Wisconsin November 14, 1923
U.S. Commission of Pensions Washington, D.C.
Gentlemen:
I am desirous of joining the Society of D.A.R.
My ancestor who took part in the Revolutionary War was Benjamin Cuthbert. I believe that he was a pensioner but have no certificate proving this. Will you please investigate the matter and report?
Very truly yours,
Myrtle M. Jones

mmh
December 11, 1933.
Prof. L. R. Jones The University of Wisconsin Madison, Wisconsin
Sir:
I have to advise you that from the papers in the Revolutionary War pension claim S. 13654 it appears that Benjamin Guthbert was born in 1749 in Providence, Rhode Island.
While a resident of Nine Partners, New York he enlisted August 1, 1776 and served as a private in Captain William Stewart's Company, Colonel Morris Graham's New York Regiment, and was discharged January 1, 1777. He enlisted April 1, 1777 and served as a private four months in Captain Heermance's Company, Colonel Graham's Regiment.
In September 1777 he enlisted and served as Artificer in Captain James Young's Company, Colonel Andrew Taylor's Regiment of Artificers, was transferred under Lieutenant Purdy and Colonel Udney Hay in the Quartermaster's Department; was wounded in Octo-

ber 1778, in consequence of which he was discharged December 31, 1778.
In 1780 he engaged at New Haven, Connecticut on board the Privateer "Recovery", Captain Smedley, and on his first voyage was taken prisoner in February 1780, carried to New York and put on the prison ship "Hunter"; he was released the following May, having served four months in all.
He enlisted August 1, 1780 and served as a private in Captain Thomas McKinstry's Company, Colonels Runechoten Van Bunschoten and Lewis DuBoys' New York Regiment and was discharged November 1, 1780.
He applied for pension August 17, 1832 while living in Hinesburg, Chittenden County, Vermont. He died March 28, 1844 in Starkesboro, Addison County, Vermont, leaving no widow (her name not given), but the following surviving children, who were all living in 1853 in the places named below, and to whom the pension was allowed: Christania Cuthbert, or Christania Cuthbert Cornwall, and Benjamin Cuthbert of Warren, Washington County, Vermont; John Cuthbert of Michigan; Elijah Cuthbert and Mary Knapp of Dodge County, Wisconsin, and Amy Vidito of Pennsylvania.
Respectfully,
Commissioner.