For his actions during the Battle of Fredericksburg on December 13, Dutton was brevetted a major in the Regular Army, to date from the day of the battle. He then lead his regiment during the unsuccessful Mud March of January 20–24, 1863. Dutton then began exercising brigade command in the IX Corps in February, and he was promoted to First Lieutenant in the Regular Army on March 3. He next went to North Carolina and participated in the Siege of Suffolk that April and May. There Dutton led a brigade of the VII Corps, and for his actions during the efforts to hold Suffolk he was brevetted a lieutenant colonel in the Regular Army on March 3. On October 2 he was promoted to the rank of Captain in the Regular Army, and from January 14–February 16, 1864. he was stationed at Newport News, Virginia. Dutton next led a brigade in the XVIII Corps, Army of the James.