Revolutionary War Pension and Bounty Land Warrant Application File S. 21162, Cushman Downer, Vt.
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(3--1776)
Service  Number
Vt. Downer, Cushman S.21162
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Vermont                 1590
Cushman Downer
of Thetford in the State of Vt. 
who was a private in the Company commanded
by Captain Seely of the Reg commanded
by Col Wait in the Vermont
Militia for 10 months
Inscribed on the Roll of Vermont
at the rate of 33 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 31 day of May 1833 and Simeon Short Esq Thetford VT

Arrears to the 4th of March 1833 66.66
Semi-anl. allowance ending 4 Sept 1833 16.66
$83.32
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by H  [illegible]                     Clerk, 
Book       Vol. 3    Page 69


.
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Cushman Downer
declaration fr
22466


Return to be made
to Simeon Short
Thetford Orange County
Vt
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State of Vermont
Probate District of Bradford in the County of Orange
On this 30th day of October 1832 personally appeared in open court before the Probate Court for the District of Bradford in the County of Orange now sitting Cushman Downer a resident of Thetford in the County of Orange, state of Vermont, aged seventy years last March, who being first duly sworn according to law doth his oath make the following declaration in order to obtain the benefit of the act of Congress afsaid June 7, 1832. That he entered the service of the United States under the following related affairs. Service as previous stated viz: That in the year 1780, in the month of October as he believes, he knows it was immediately after Royalton in the county of Windsor was burnt by the Indians, he enlisted into Captain Joshua Hazen company of Volunteers of Hartford VT. James Smalley was the Lieutenant & marched to Strafford in the County of Orange and was there stationed two months in said company and was employed getting out timber for a Block House, guarding the frontiers their army much exposed to incursions from the Tories & Savages. He recollects that the name of the man who hewed most of the timber for the block house was Carley. He served out the full term of two months, was dismissed by the officer and permitted to return home. He thinks that Hazen's Company was the only one in Strafford at that time. 
That in the month of May or first of June, 1781, he again enlisted into Captain Abner Seeley's company of Thetford.
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raised for the purpose of guarding the frontier, and marched to Corinth in the County of Orange, where a Fort had been erected for the safety of the frontier betterment and where he was stationed with 1d Company during the summer and fall of the year 1781. & was employed guarding the fort and took his turn with others in scouting. He recollects that while there, he stood as three others were preparing wood for the fire, and one of his comrades accidentally wounded him upon his leg with an ax, the scar of which wound is now visible upon his leg, and that in consequence of the disability occasioned by the wound he was permitted to return home on furlough for a short time, and after he sufficiently recovered, he returned back to the Fort at Corinth and served out the full term of his enlistment, which he thinks was eight or nine months, he is not certain which. He knows that enlisted for the same length of time & served as long ^as the other men in Captain Seeley's company and he well recollects that there was snow on the ground when he was dismissed. He is confident that he served eight months at this time. He recollects that there was a company stationed at Corinth the same time, under the command of a Captain Nelson from Lime [Lyme] New Hampshire. Smalley was the Lieut in Captain Seeley's company. One Benjamin Wait was the Col. The Fort at Corinth was called Fort Wait from the name of the Col. The said Col Wait was at Corinth second time in the county
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of the campaigns; but this applicant thinks he did not quarter there constantly, he recollects that Colonel Wait had a black man for a waiter. In answers to interrogations pursued by the war department, the said applicant states that he was born in Lebanon in the County of Windham & State of Connecticut in the year 1762, that in the year 1766 or he has ever understood, he moved with his father into the town of Thetford, where he has ever since remained, still resides, except with a few occasional absences, that he thinks there is a record of his age in the Town Clerk's office in said Thetford and that he entered the service voluntarily as above stated. That he cannot be more particular as to the circumstances of his service than above stated. He thinks he received a discharge from Colonel Wait or Captain Leahy at Corinth but is not certain of this, and lost it many years ago if he ever had one, & he refers the Court and of the War Department to Col Lyman Fitch, Simon Gillet, and Capt. Orange Heaton as persons in his current neighborhood who can testify as to his character for truth and veracity and their believe in his service as a soldier of the revolution. 
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 any agency of any State. 
Cushman Downer
Sworn to [illegible]  the day and year aforesaid.
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We Lyman Fitch and Simon Gillett, both residing in the town of Thetford, county of Orange, State of Vermont, hereby certify that we are well acquainted with Cushman Downer who has subscribed and sworn to the above declaration, that we believe him to be 70 years of age, that he is reported and believed in the neighborhood where he resides to have [been] a soldier in the revolution and that we concur in that opinion.
Sworn to hereby [illegible] on this day & year aforesaid
Lyman Fitch [signature]
Simon Gillet [signature]

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 soldier of the revolution & now as he states; the court further certifies that it appears to them that Lyman Fitch and Simon Gillet who have signed the preceding certificate are both residents of the said town of Thetford and are credible persons and their statement entitled to [consideration].
I Simeon Short clerk of register of the said Court of Probate do hereby certify that the foregoing contains the original recordings of the said Court in the matter of the application of Cushman Downer for a pension. 
In testimony whereof I have hereunto at my hand & have of said court this 20th day of October 1832
Simeon Short, Clerk [signature]
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I Elisha Waterman of Norwich in the county of Windsor, State of Vermont, aged seventy-four last February, do testify and say that in the year 1782 I was a soldier in the service of the United States and stationed at Strafford in the county of Orange, State of Vermont, to which place I went directly after Royalton in the county of Windsor was burnt by the Indians. And Cushman Downer then and now of Thetford in said Orange County and now present, with whom I am now & was thus well acquainted was in the service at the same time I was stationed at said Strafford two months in this same year 1780 & was a soldier in Capt. Joshua Hazen's company of Hartford in the county of Windsor, James Smalley of Norwich Lieutenant. The said Downer was in the same company with me and we were the only company at Strafford at this time & our duty was scouting and preparing timber for a Block House. We were dismissed about the last of December & I will recollect the said Downer was there when the company was dismissed. [crossed out and illegible] This was a volunteer company. I further testify that in the year 1781 in the month of Sept I went to Corinth in the County Orange State of
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Vermont for the purpose of taking the place of my brother, Elijah Waterman, for a short time, who was stationed at said Corinth and was a private in Captain Abner Seeley's comapny, Lieut James Smalley. And the said Cushman Downer was a soldier in the same company & was doing duty in that company the whole time I was there, which was about two weeks. I left him there in Service when I returned home, which was about the tenth of September 1781. The said Downer was considered a faithful soldier and had enlisted as I understood for the term of nine months, the same as the other men who belonged to that detachment as I understood. I will recall that my brother engaged for nine months and went away in the month of May, the fourteenth I think, & did not return until early the next winter, I should think about the first of January.
 & further say not
/s/Elisha Waterman

State of Vermont
Probate District of Bradford
in the County of Orange
At Thetford in said district county this 6th day of October 1832 personally appeared Elisha Waterman who has subscribed the forgoing deposition and made solemn oath that the same contains the truth and nothing but the truth relative to the matter for which it is taken, and I certify that the said Elisha Waterman is a credible person before me. 
Simeon Short Clerk or Register of the Court of Probate in said district of Bradford and Justice of the Peace in said Orange County. Per this testimony thereof I do herewith set my hand this seal of said court.
/s/Simeon Short, Reg & Justice of the Peace

from 6th day of Oct
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I Hezekiah Goodrich of Norwich in the County
Windsor State of Vermont aged Seventy five years last May do testify, that in the year 1781 my brother Josiah Goodrich, Enlisted or entered the Service of the United States in said Norwich under Lieut James Smalley for the term of nine months in the month of May of that year & marched to Corinth in the County of Orange in the State of Vermont where he was stationed during that summer & fall at a Fort in said Corinth, for the purpose of guarding the frontier that is the month of  [June crossed out] Augt I think 1781.
I went to Corinth & took the place of
my brother for a few weeks, who was desirous
of returning home for a short time, & while
at Corinth I saw Cushman Downer, then & now
of Thetford in the County of Orange aforesaid
now present, doing service among the troops
stationed at Corinth in Capt Abner Seeleys Company, Lieut James Smalley. The said Downer was there when I arrived at Corinth & when I came away a term of about four
weeks & I  understood he had enlisted for the term of nine months the same as the other
men who belonged to that detachment. There were two companies at Corinth when I was there. Col Benjamin Wait, was principal in command at the time & was at the Fort a part of the time while I was there.
Hezekiah Goodrich [signature]
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State of Vermont
Probate District of Bradford
in the County of Orange }
At Theford in said District & County on this 6th day of October AD 1832
Hezekiah Goodrich who has subscribed
the within foregoing deposition personally appeared before me the subscriber & made solemn oath that the same contains the truth nothing but the truth relative to the matter for which it is taken certify that the said Hezekiah Goodrich is a credible person.

Simeon Short Clerk or Register of the said
Court of Probate & Justice of the Peace in
said Orange County.
,
In testimony whereof I do hereunto set my
named & affix the seal of said Court

Simeon Short Clk
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22466
Cushman Downer
Vt

Admit as private
for 10 mo
$33.33

Sim Short Esq
Thetford
VT
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War Department,
Pension Office,
183
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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (this: }). 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, showing the Service of Cushman Downer
[table headers: Period when the service was renderd. Duration of the claimant's service, Years, Months, Days. 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. Poof by which the declaration is supported.]
Octo 1780 months - 2. private. Capt Hazen Lieut. Seeley. 70 born in C.T.
entered [illegible crossed out] in Vermont
June 1781- 8 or 9......Cp Seely Col Wait. Lives in Same State V.T.

Service proved by two 
surviving winters -
Certificate of Citizens
no Clergyman or reason why

I am respectfully,
Your obedient servant,
J.L. Edwards
Commissioner of Pensions.
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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, mucicians [sic] 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, County of [right brace ss.]
On this [space] day of [space] personally appeared (a) before [space]  A.B. a resident (b) of [space] in the county of [space] and State, Territory or District
of [space] aged (c) [space] 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) [space], with [space]
and served in the [space] (e) regiment of the [space]
line, under the following named officers: [space]

[small font] (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. [finger pointing left icon] 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.] [end small font]

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 [space]
Sworn to and subscribed the day and year aforesaid.
[space] A. B.
[And then will follow the certificate of the Court.] (sic)
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 [space] of the Court of [space]
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space]
for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [space]
day of [space] & 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 [space] and C.D. residing in (the same) hereby certify, that we are well acquainted with [space] ,who has
subscribed and sworn to the above declaration; that we believe him to be [space]
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 [space]
and that C.D., who has also signed the same is a resident in the [space]
and is a credible person, and that their statement is entitled to credit.
I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for a pension.
[space] In testimony whereof, I have hereunto set my hand and seal [space] of office, this [space] day of
[space]  &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
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8
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. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To a Soldier
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 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 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.
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.
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.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served.
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 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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.
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 other character and signature of the magistrate must be certified by the proper officer, under his seal of office.
are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 16

Rev. & 1818 Wars Section. 
Dec. 20, 1924.
Charles S. Quinn,
180 Genesee Park Boulevard,
Rochester, N.Y. 

Sir: 
I have to advise you, that from the papers in the pension claim, S. 21162, it appears that Cushman Downer was born in March 1762, at Lebanon, Windham County, Conn. and while living at Thetford, Vermont, enlisted in October 1780 and served for two months as a private in Captain Joshua Hazen's Vermont Company. He enlisted in May, or June 1781 and served for eight, or nine months in Captain Abner Seeley's Vermont Company, under Colonel Benjamin Wait. 
He was allowed pension on his application executed October 30, 1832, while living at Thetford, Vt. There is no data on file as to family. 
The above noted, is the only Cushman Downer, found on the Revolutionary War records of this Bureau. 

Respectfully,
/s/Hays Haymaker
Acting Commissioner.
Page 17

180 Genesee Park Boulevard

Rochester New York Dec 6th/24 
Commissioner of Pensions 
Washington. D.C.
Dear Sir, At my request, addressed to the Adjutant General at Washington
D.C for the Military Record of 
Cushman Downer. Revolutionary 
Soldier a Great Grandfather 
of my wife; I received the 
enclosed report Record. My 
wife is very desireous (sic) of 
joining the Daughters of the 
American Revolution Organization. The application 
blanks require the name; 
date of birth; marriage; and
Page 18

and death of the wife of this Cushman Downer; so that she may properly join this Organization; I am at the suggestion of the Adjutant General writing to you, to ask your 
assistance in obtaining such addition information as may be possible to secure the needed details concerning the name; and 
other dates about his wife, for the application blanks. 
Kindly forward my request to the person in charge of the Revolutionary Solders Pension or other detailed Records pertaining to the same; and very greatly oblige. 
Respectfully your's (sic)
Page 19

Charles Strong Quinn.
180. Genesee Park Boulevard.
Rochester. New York.
Kindly return with my new report from you; this enclosed War Record.
I am an active member of the local Organization 
of the Sons of the American Revolution.
Page 20

Record Division Mar 25, 1921
Page 21

Commisioner of Pensions
Washington D.C.
Dear Sir:
I am endeavoring to establish my eligibility to join the D.A.R. Society and am writing you for any information your records may show of Cushman Downer of Thetford Vt. I have written the War department and have been informed that Cushman Downer served in the Revolutionary War as a private in Captain Heaton's Company, Olcott's Regiment, Vermont Militia, that his name appears upon a roll dated June 23, 1781 and upon payroll dated Oct. 27, 1781. The date of his entry into service or separation from it has not been found. It is suggested that the department of Pensions might have more complete records.
Very tuly
/s/Mrs. W.A. DeVolt
Barneveld
Oneida County
N.Y.
[round stamp bottom left] U.S. Pension Office Mar 23 1921
Page 22

Revolution [written in upper left side of page]

21162
INVALID

File No. 21,162
Cushman Downer
Pri Rev War

Act: June 7th 32
Index: Vol. 2, Page 110
[Arrangement of 1870]

1921, Apl. 21 hist. to Mrs. W.
A. DeVolt --Ew
1924 Dec 20 Hist to C.S.