Revolutionary War Pension and Bounty Land Warrant Application File S. 16749, John Cunningham, Penn.
Page 1

Penn.
Cunningham, John
S.16749
carded
Page 2

Missouri 22, 343
John Cunningham
of St. James in the state of Missouri
who was a Privat in the co commanded
by Capt Nelson of the rgt commanded
by Col Thompson in the Pa. line for one year.
Inscribed on the roll of Missouri
at the rate of 40 dollars 00 cents per annum,
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 day of Oct 17
1833 and sent to Arthur McGinnis, St Louis, MO
Arrears to the 4th of Sept 1833    $100
Semi anl allownce endiing 4 Mar '34  $20
$120.
{Revolutionary Claim, Act June 7, 1832}
Recorded by Wm. R Palmer
Book E, Vol 8, Page 81
Page 3

State of Missouri 
County of St Louis} ss  
In the county court, February Term 1833 
On this eighteenth day of February in the year of our Lord 1833 personally appeared in open court before the county court of the county of St Louis, John Cunningham, a resident of said county and state aforesaid, aged seventy eight years, who being first duly sworn according to law on his oath doth 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 this United States under the following named officers and served as herein after stated. That in the year 1776 he was a citizen of the state of Pennsylvania and sometime in the month of February, the precise day he cannot state, in that year, at Hagerstown in the state of Maryland, he enlisted in the army of the United States as a private in the rifle company of Capt John Nelson, and under him marched to New York where the troops were reviewed by Gen. Washington after which he went with the troops commanded by General John Thompson to lower Canada by way of Lakes George and Champlain, that this declarant said lakes in the same boat with Col Arthur St. Clair and Major Woods, that on arriving at the River St. Lawrence, declarant was sent with the company of Capt Nelson in a vessel to the Three Rivers to spy on the British shipping and when they hove in sight the vessel in which he was returned to the mouth of the Sorrel River. after which the troops including the company of said Nelson, went under the command of said Genl Thompson to Three Rivers where an engagement between them and the British forces on the seventh or eighth of June in the year 1776 the former were defeated. Genl Thompson and a portion of his men were taken prisoner, and the remainder of the American troops, of which number was your declarant, retreated back to Ticonderoga at which the company Capt Nelson was attached to the battalion of Col Dehorse
Page 4

of Pennsylvania. That the time of service of Col Dehorse escaping in the fall of the year 1776 he marched his own battalion home, leaving the company of said Nelson at Ticonderoga, that therefore said Nelson gave up the command of said company to Lieut William Oldham and went on the recruiting service to Pennsylvania and Maryland, taking this declarant with him for the purpose of his acting as his Lieutenant on that service. That after some time spent in recruiting, Capt paid a visit to his family and rejoined this declarant in York County, Pennsylvania, from whence they marched their recruits to Philadelphia in the month of April in the year 1777.   In the course of which month said Nelson was arrested by Col Nagle and cashiered, upon which this declarant not receiving a commission as Lieutenant as had been promised to him by said Nelson and the company in which he had enlisted, having previous to the cashiering of said Nelson been discharged, this declarant returned home to the place of his above in Cumberland County, Pennsylvania. This declarant further states that in consequence of his being absent on the recruiting service at the time when his company was discharged, he never received any certificate of his discharge though he had served more than the period for which he enlisted, which was only one year, having been actively engaged in service from the month of February 1776 until the month of April 1777. That this is declarant does not know of any person living by whom he could establish the truth of the whole of the statements contained in this declaration, and that he has no documentary evidence of the same. This affiant further saith that he has never received any pension of any kind either from the General or any of the state governments and
Page 5

that his name is not, to the best of his knowledge, remembered or belief on the pension roll of the agency of any state, and he hereby relinquishes every claim to a pension or annuity except the present.
John Cunningham
Sworn to and subscribed in open court the day and year first above mentioned.
Before me,  Henry Chouteau, Clerk,
State of Missouri
County of St Louis
I, Alexander McAllister, a clergyman residing in the county and state aforesaid do certify that I have known the abovenamed declarant John Cunningham for the last twelve years.  He has sustained reputation of an orderly citizen of a religious profession and habbits, and I believe a man of veracity.
A McAllister
Sworn and subscribed before me in open court this 18th February 1833.
Henry Chouteau, Clerk
State of Missouri
County of St Louis
I, Hartley Lanham, one of the justices of the County court for the County aforesaid, do hereby certify that I have known the above declarant John Cunningham for the last twelve years, he has during the whole of that time sustained the reputation of a man of truth and veracity and suposed by his neighbors to have been a revolutioner and to my knowledge has been for some years past an elder of the Presbyterian Church of which he is a member of good standing, so fare as I know.
Hartley Lanham
Sworn to and subscribed before me in open court, this 19th Feb May 1833,
Henry Chouteau
And the county court within and for the County of St Louis, in the
Page 6

State of Missouri, now sitting at the City of St Louis, in said county, do hereby declare their opinions, after the investigations of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary soldier, and served as he states.  And the court further certify that it appears to them that Alexander McAlister, who has signed the preceding certificate, is a clergyman, resident in the count aforesaid, and that Hartley Lanham, who has signed the certificate subjoined thereto is a resident in the county aforesaid and is a credible person, and that their statements is entitled to credit.

State of Missouri
County of St Louis
I, Henry Chouteau, Clerk of the county court within and for the county aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court, in the matter of the application of John Cunningham for a pension.
In testimony whereof I have hereunto set my hand and seal of said court, as the City of St Louis this nineteenth day of February in the year of our Lord eighteen hundred and thirty three.
Henry Chouteau, Clerk
Page 7

26,859
22,343
John Cunningham
Missouri
Adm 1 year
$40

Arthr S McGinnis
St Louis
Missouri
Page 8

WAR DEPARTMENT
Pension Office
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 show what is necessary to be done.  These 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 compling with this request, greatly facilitate the investigation of your claim.

A Statement showing the Service of John Cunningham
Period where the service was rendered:  Feb 1776
Duration of service;  1 year
Rank of the claimant:  Private
Names/rank of the field officers under whom he served:  Capt Nelson, Gen Thompson
Age at present and place of abode when he entered the serv:  18 years
Proof by which the declaration is supported:  Living witness and traditionary

I am respectfully,
Your Obedient servant,
J L Edwards, 
Commissioner of Pensions
Page 9


2            
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 in stance, 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 
County of } ss.
On this day of A.B. a resident (b) of personally appeared (a) before in the county of and State, Territory or District years, who being first duly sworn, according to law, doth on his oath make the in 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) 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 that of 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 hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter 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 hereby certify, that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be and C.D. residing in (the same) who has 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 contains the original proceedings of the said Court, in the matter of the application of for a pension. 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
Page 10

3 
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 Town officer 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. 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 traditionary 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 Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed 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 declaration herein required is made, the parties interested will transmit such evidence as they can cure, taken and authenticated before a Court of Record, showing the services of the deceased, the person 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---yearmonths , anddays , I served as amonths and --- days, I served as 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 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 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.               
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 wife nesses, 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 traditionary 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.
Page 11

16, 749
INVALID
File No 16,341
John Cunningham
Pri Rev War
Act: June 7, 32
Index: Vol 1, Page 86


Nov 12, 1900 - Scott Cunningham [illegible]
Page 12

The State of Missouri
County of Jefferson
This day personally appeared Martha Johnston before the undersigned Justice of the Peace within and for the county aforesaid and being duly sworn deposeth and saith that she knew John Cunningham in the year seventeen hundred and seventy five in the state of Pennsylvania in the county of Cumberland and have been acquainted with him ever since that time.
I also knew him to be in the service of the United States for one year in the year seventeen hundred and seventy six and seventy seven.  I also knew him to be a recruiting officer.
I also knew him to bring down men to Philadelphia.
Martha Johnston her mark
Sworn to and subscribed this 16 day of January 1838 before Samuel Graham, Justice of the Peace
Page 13

Hon'ble Mr. Cass
Page 14

St. Louis 6th July 1833

Sir,
I have the honor to inclose you some documentary evidence taken on behalf of John Cunningham in the hope that you might consider it sufficient to entitle him to the benefit of the late Act of Congress passed for the relief of the surviving soldiers of the War of the Revolution.
With great respect
Your most obt svt
Arthur L Maguire
Page 15

County of St. Louis, Sct 
State of Missouri 
To any Judge or Justice of the peace of Jefferson County in the State of Missouri – Greeting - We, reposing special trust and confidence in your integrity and circumspection, do require and command you, that you cause to come before you such person or persons, as shall be named to you by John Cunningham, his attorney or agent, and him her or them examine upon his her or their corporal oath, (to be by you administered) touching their knowledge of any thing that may relate to the services of the said John Cunningham as a Revolutionary soldier, to enable him to obtain the benefit of the act of Congress of the seventh June eighteen hundred and thirty two, for the relief of the surviving officers and Soldiers of the Revolution and having reduced the said depositions so taken by you as aforesaid, into writing, you are required to send the same together with this commission, enclosed under your seal, to our said County Court for the County of St Louis, with all convenient speed. 
Witness, Henry Chouteau, Clerk of our said County Court, at the City of Louis, this twelfth day of February in the year 1833 – 
Henry Chouteau Clerk 
And the said Court do require and direct that the said Judge or Justice shall propound to such witnesses as the said Cunningham may virtue of said day witness cause to be brought before said Judge or Justice the following interrogatories, the answers to which shall be taken by said Justice or Justice & sworn to and subscribed by said witness in the presence of such Judge or Justice and returned to this Court certified by said Justice and inclosed under a sealed cover 
Interrogatory the first Samuel Graham to Martha Johnston   Do you know John Cunningham the above named applicant for a pension? 
Interrogatory 2d. How long have you known said Cunningham and where did you first
Page 16

known him?  
Interrogatory 3d Have you any knowledge of said Cummingham serving in the Army of the United States and if so at what period and how long did he serve?  
in the year 1776 - and 1777 and he brought the man Down to Philadelphia  
Interrogatory 4. If you know of said Cunningham being in the service of the United States. State at what place you so knew him; and in what capacity he appeared to serve and the description of service in which he was engaged?    in the State of Pensylvania in Cumberland County 
The Execution of this Commission appears by Schedule hereunto annexed 
Given at the County of Jefferson this 16 day of January 1833 
Samuel Graham J. P. 
State of Missouri 
County of St. Louis} ss
I Hartley Lanham one of the Justices of the County Court within and for the County of St. Louis aforesaid do certify that I have been acquainted  with Mrs Martha Johnston whose affidavit is here unto annexed and know her to be a person of verasity and that her statements ought to be respected as such 
Hartley Lanham
Sworn to & subscribed before me in open court, this 19th February 1833 
Henry Chouteau Clerk
Page 17

W. W.   
OWN
SCOTT CUNNINGHAM, ALTON, ILLS.   REPRESENTATIVE IN NORTH MISSOURI
JOHN DEERE PLOWS AND CULTIVATORS. 
TRADE MARK    
MANUFACTURERS WHITE ELIPHANT VEHICLES  
MANSUR & TEBBETTS IMPLEMENT CO.  
FARM MACHINERY & VEHICLES
ST. LOUIS AND DALLAS
CABLE ADDRESS MANTEBIT ST LOUIS. 
CODES USED – A B C 4TH EDITION AND WESTERN UNION 
DIRECTORS: 
L. B. TESSETTS PRESIDENT. 
C. H. DEERE, VICE-PRESIDENT. 
G.S. TERRETTS TREASURER. 
C. W. MANSUR, SECRETARY. 
J. C. DUKE, ASSISTANT SECRETARY AND MANAGER DALLAS BRANCH 
Alton Ill Oct 27th 1900 
Bureau of Pensions 
Washington D.C. 
DEAR SIRS:
O. W. & N. DIVISION NOV 1 1900 RECEIVED.
I see by the list of pensioners of the Revolutionary War, that there was one John Cunningham of St. Louis, Mo. a pensioner.  Will you please send me his record and oblige 
Yours Respectfully 
Scott Cunningham
U.S PENSION OFFICE I OCT 30 1900