Revolutionary War Pension and Bounty Land Warrant Application File R. 2,587, Samuel Cunningham, Va.

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(3--1776)
SERVICE NUMBER
Va. Cunningham, Samuel R. 2587
CONTENTS

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2587. [initialed AM]
P. O. [left blank]
Saml Cunningham
Service: [left blank]
[stamped] REJECTED

Enlisted: [left blank], 18 [left blank]
Discharged: [left blank], 18 [left blank]

Application filed: [left blank], 18 [left blank]

Alleges: [left blank]

Re-enlisted: [left blank]

Attorney: [left blank]
P. O. [left blank]

[left blank] Recognized.  [left blank] Contra [page cut off]
[left blank] Cert. of Dis.  Searched for [left blank], 18 [left blank]

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Saml Cunningham
Tennesee
Rejected. see letter
15 March 33 to T. J. Porter.
2v57

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13265
Saml Cunningham
T
Rejected, did not
serve 6 months, see
letter March 15 1833
to [unreadable]  J. Porter clk
Tho J. Porter CLK
Columbia T [Tennessee]

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BRIEF in the case of Saml Cunningham  County of Maury in the State of Tennessee (Act 7th June, 1832) 
1. Was the declaration made before a Court or a Judge?    
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?     
3. How old is he?  81 about      
4. State his service, as directed in the form annexed. 
Period.  Vol. [volunteer] In 1781   Duration of Service. 1 month 14 days   Names of General and Field Officers under whom he served.  Gen. Stevens, Captain McDaniel    Colonel Cock   5. In what battles was he engaged?    Guilford     
6. Where did he reside when he entered the service?  Halifax Co Va     
7. In his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?    traditionary      
8. Are the papers defective as to form or authentication? and if so, in what respect?  no clergyman      
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.   Chas W. Forest
 Examining Clerk

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of    Saml Cunningham    which require further proof or explanation.    I.  Does the declaration show where the applicant resides?  yes    II. Did the declarant make the declaration in the county where he resides?  yes    III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?     IV. Has the declarant mentioned the period or periods of the war when he served?    yes    V. *Has he mentioned 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 amout of pension he is entitled?     yes     VI. Has he given the names of the officers under whom he served, in conformity with the regulations?   yes     VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?      yes    VIII. Has the Court given their opinion?  yes   IX. Has 

the Clerk given his certificate?  yes     X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?     Yes

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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?    No.    XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No    XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?    yes    XIV.  If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?    XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI.  Are the papers authenticated as the regulations direct?  yes    XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?  1. 2. 6. 7     EXPLANATORY NOTES *QUERE V. 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 recol- lection 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.

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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 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 shewn 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.
[symbol] QUERE XIV. 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 claimants 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.
QUERE XVI. 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 paper 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.  In every case where the clerk of the court, or other certifying officer, 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.

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Liss 2 G  [stamp]  Honble  Lewis Cass Secretary of War Washington City 
13265

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State of Tennessee Court of pleas & quarter Sessions Maury County Sept Term 1832 Be it remembered that on this 14th day of Sept 1832 Samuel Cunningham a citizen of the County & State aforesaid aged about eighty one years, who being first duly sworn according to law makes the following declaration in order to attain the benefit of the act of Congress passed June 1832.    That he entered the service of the United States sometime in the - Month of February in the year 1781, (at which time I resided in Halifax County State of Virginia)  that General Green made a proclamation if any man would volunteer at that time & serve a tower [tour] of six weeks that it should count as a tower of three months this [unreadable] volunteered & immediately marched off to the State of North Carolina to a place called at that time Dobbins red house under the following named officers, Captain Danniel Colonel Cock & General Stephens where we remained scouting about from place to place & occasionly engaging in some little fighting on the out skirts, untill the 15th day of March 1781 at which time the battle took place at Guilford Court house which I was in, and Gen Stephens got wounded at this battle, & we lossed a large number of men, that is wounded & kiled-- after we buried our dead, we then pursued after Cornwallis down to a place called Deep River in the State of North Carolina, where we remained until our term of service expired, & I returned home-- After living some 10 or 15 years in Halifax County Virginia subsequent to the battle of Gilford Court house I removed to Clark County State of Georgia where I lived some 17 or 18 years & I then removed to Maury County Tennessee  where I have lived ever since    I have no documentary evidence or any other kind to shew that I was in the battle at Guilford court house or that I was in the revolutionary war  I hereby 
relinquish every claim whatever to a pension or annuity, except the present, & declares that his name is not on any the pension roll of the agency of any state. Sworn to & subscribed in open court the day & date above written Tho J Porter Clerk Saml Cunningham We William Bowden and Middleton Hill both of the County of Maury & State of Tennessee hereby certify that we are well

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acquainted with Samuel Cunningham who has subscribed to & sworn to the above declaration, that we believe him to be about Eighty one years of age that he is reputed & believed in his neighbourhood where he resides, to have been a soldier of the Revolution, & that we concur in that opinion - Sworn to & subscribe before me in open court this 12th day of Oct 1832 Thos J Porter Clerk Wm Bowden Middleton Hill    And the said court do hereby declare their opinion, after the investigation of the matter & after putting the interrogatories prescribed by the war department, that the above applicant was revolutionary soldier & served as he states - And the court further certify that it appears to them that Wm Bowden who has signed the preceeding certificate man residing in the County & that Middleton Hill who has also signed the same is also a citizen of this County & is a credible person & that their statement is entitled to credit Jas Henry [JP] John Vincent [JP]  Peter Williams [JP]   
I Thomas J Porter Clerk of the Court of Pleas & quarter Sessions holden at Columbia for the County of Maury in the State of Tenn do hereby certify that the foregoing contained the original proceedings of the said court in the matter of the application of Samuel Cunningham for a pension - In testimony whereof I have hereunto set my hand & seal of office, this 12 day of Sept 1832 Thos J. Porter Clerk