Revolutionary War Pension and Bounty Land Warrant Application File S. 16746, James Cunningham, Va.

SERVICE
NUMBER
Va.
Cunningham, James
8. 16746
Carded
CONTENTS

Let to 3 d Aud: March 18. 1839
Paid at the Treasury under the Act of the 6 th April 1838 from 4 Sept 1835 to 4 March 1838. Age notified 3 d April 1839
Letter to 3 d Auditor 18 July 1839
Paid as above under the Act of the 6 th April 1838 from 4 th March 1838 to 4 th Sept 1838. Age notified 7 th Aug 1839
Letter to Pensioner & 3 d Auditor 11 July 1843
Paid as above from 4. Sept 1841. to 4. March 1842. Age notified 12. April 1844
Missouri 22.34/5.
James Cunningham
A Private in the State of Mo. who was a Private in the Regt. commanded by Captain Russell of the Regt. commanded by Col d Campbell, in the Virginia line for one year .
Inscribed on the Roll of Missouri. at the rate of 40 Dollars 00. Cents per annum, to commence on the 4 th day of March, 1834.
Certificate of Pension issued the 17 th day of Oct. 1833 and it is John D. Rees Farmington. Mo.
Arrears to the 4 th of Sept. 34. 1.00. Semi-ant. allowance ending 4 th Mar 35. 20.
$120.00.
Revolutionary Claim, Act June 7, 1832.
Recorded by Wm. Palmer Clerk, Book 6 Vol. 8 Page 80
paid to 4. Sept 1841. 5 July 1843

State of Mississippi County of St. Francis 3
In the County Court
May Term (May) 7 th 1833.
On the seventh day of May in the year 1833 as aforesaid personally appeared in open court James Cunningham a resident of the county and state afore- said, before William Murphy presiding Justice and Thomas Dale & George W. Robinson, Justices, holding said court; said Cunningham aged seventy seven years last January, who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832 to wit. That in August 1775. he entered the service as a volunteer in a Militia company commanded by Capt. Rufus & Lieutenant Boren and continued therein about five months, guarding the western frontier of Virginia against the Indians. And that in May the following year he was called into service to guard said frontier and continued to serve in a Militia company commanded by Capt. John Campbell & Lieutenant Arthur Boren about seven months, that within which time the militia had an engagement with the Indians at Long Island on Holston River in which the Indians were defeated. Some time in the latter part of said year, he belonged to a detachment of militia commanded by Col. William Christian served in a company of which Daniel Smith was Capt. W m Boren was Lieutenant and further that in the fall of the year 1780 he was employed as a waggoner by a militia officer whose name nor title is not now by him recollected to have had. from Chapels Mill in Virginia to General Greene Army then stationed in North Carolina that said head was by him delivered to Joseph Martin Deputy Quartermaster General at Salisbury in said state that owing to the head not being ready when applied

for he was about five months in completing said service for which he never received any compensation whatever. And he the said Cunningham does hereby relinquish any claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the officers of any State. Subscribed and sworn to in open court May 7 1833 James Cunningham
State of Missouri County of St. Francois 3 Set
Personally appeared before me the undersigned, a justice of the peace in and for the county aforesaid, James Cunningham who being duly sworn, deponeth and saith, 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 twelve months I served as a private soldier - that is to say. For five months I served in a Militia company commanded by Capt Russell & Lieutenant Borren guarding the western frontier of Virginia against the Indians in the year 1775. In the year 1776 I served one month in a company commanded by Capt John Campbell & Lieutenant Arthur Borren - I served two months under Lieutenant Arthur Borren as a ranger - when the army began to collect, I was attached to Capt Daniel Smith's company, in which company I served, four months during this time we marched against the Cherokee Indians - I also served five months as a wagoner, hauling lead from Chieftains mines the Virginia to Genl Green's army then stationed in North Carolina that for such services services I claim a pension. Sworn to & subscribed before me James Cunningham this 7 th day of May 1833 Jno. Boyle Justice of the peace

26. 869.
James Cunningham Missouri
22. 325-
Adm 1. year priv $40
John D. Peers Farmington Mo St Francis Co Missouri

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 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 James Cunningham
   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.     Aug 1775 5 priv Cap. Rusek 77 years   1776 7 " Cap. Campbell Traditionary   " Smith   5 raggemen  
I am, respectfully,
Your obedient servant,
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) 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 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 inquiry 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 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 fix 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.
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 traditional 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.

fw. Our February 11, 1915.
Mr. W. L. Hensley, House of Representatives.
My dear Mr. Hensley:
In response to your letter dated the ninth instant, requesting information for Miss Azzie McMullin of Farmington, Missouri, I have the honor to advise you that from the papers in the claim S. File No. 16,746, Rev. War , it appears that James Cunningham served in 1775 and 1776, in the Virginia troops, engaged in guarding the Western frontier of Virginia against the Indians. He was born in January, 1756, and in 1833, was a resident of St Francois County, Missouri.
For the date of soldier's death, application should be made to the Auditor for the Interior Department, U. S. Treasury Department, citing the following data: James Cunningham, Certificate No. 22,345, issued October 17, 1833, at $40 per annum, from March 4, 1831, under the Act of June 7, 1832, payable at the Missouri Agency.
Very truly yours,
E. C. Lieberman
Deputy Commissioner.

16.746 INVALID.
1915, Feb. 11. Tombstone data to M. L. Hensley, for Miss Aggie McMullen. Fr.
1915, Mch. 8. To Fr. M. Gen. U.S.A. for monument
File No. 16.746
James Cunningham Pri. Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 86
[Arrangement of 1870.]

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
July 15 th 1843.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, James Cunningham, — a Pensioner on the Roll of the Missouri — Agency, at the rate of — Forty — Dollars  and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1841, to the 4 th March 1842.  Respectfully, yours,
J. Seaver acting Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT.
Second Comptroller's Office, 20 th March 1839
Sir:
Under the act of the 6th of April, 1833 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," James Cunningham a Pensioner on the Roll of the St. Louis, Mo. Agency, at the rate of Forty — Dollars and no Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the fourth of September 1835 to the fourth of March 1838
Respectfully, yours,
Edward S. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
July 25 th , 1839.
Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," James Cunningham, — a Pensioner on the Roll of the Missouri Agency, at the rate of forty — Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1838, to the 4 th Sept. 1838,
Respectfully, yours,
Alison L. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

William Murphy here state that I have been acquainted with the aforesaid James Cunningham for about forty years and I James Hallett state that I have been acquainted with him said Cunningham about sixteen years. We both state that we believe said Cunningham to be some seven years old and that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion sworn to and subscribed in open court May 7 1833. Wm Murphy James Hallett Ministers of the gospel baptist
And the said court do hereby declare their opinion after the investigation of the matter and after ruling the interrogatories presented by the war department that the above named applicant was a revolutionary soldier and served as he states and the court find the certifies that it appears to them that William Murphy and the Reverend James Hallett who have signed the above certifies are residents of the county of St Francis state aforesaid and credible persons and their statements entitled to credit May 7 1833
William Murphy Jr Presiding Justice Thomas Haile George M Robinson J.C.C.
State of Missouri County of St Francis 3rd As clerk of the County court in and for the county aforesaid I certify that the foregoing con

contains the original proceedings of the said court in the matter of the application of James Hunningham for a pension
In testimony whereof I have hereunto set my hand and seal of office May the ninth in the year 1833
John D'Peers clerk
Ms. 869. —

Farmington, Mo. Feb. 4 th 1915.
Mr. Walter L. Hensley. Washington, D.C.
Dear Mr. Hensley.
I am writing to you to ask you if you could help me in gaining any information concerning the Revolutionary services of James Cunningham who was born in 1758 or 1759 enlisted from Tennessee - fought the Indians on the frontier of Tenn. Have gained this information from a grand-son living here in our town Mr. Reece Cunningham - he knows his grand-father was in Rev. war but can give no dates as file where records were kept - was burned.
This James Cunningham is buried near our town, and

1. grave is not marked has been plowed over. The Daughters of the American Revolution are very anxious to have a marker for this grave but cannot get the marker without proof of his services & where enlisted & in what Co. or regiment.
I have written to the Quartermaster General, Wash. D. C. regarding this & have received no reply & have been asked by our D.A.R. Chapter to write you, & perhaps you could help us in finding the desired information.
Please let me hear from you as soon as convenient for you.
Respectfully
(Miss) Aggie Mc Mullin.

SIXTY-THIRD CONGRESS.
  LEMUEL P. PADGETT, TENN., CHAIRMAN.     J. FREDERICK D. TALBOTT, MD.  WILLIAM E. WILLIAMS, ILL.    RICHMOND P. HOBSON, ALA.  PETER G. GERRY, R. I.    ALBERT ESTOPINAL, LA.  FINLY H. GRAY, IND.    DANIEL J. RIORDAN, N. Y.  THOMAS S. BUTLER, PA.    SAMUEL J. TRIBBLE, GA.  ERNEST W. ROBERTS, MASS.    SAMUEL A. WITHERSPOON, MISS.  WILLIAM J. BROWNING, N. J.    WALTER L. HENSLEY, MO.  JOHN R. FARR, PA.    FRANK BUCHANAN, ILL.  FRED A. BRITTEN, ILL.    E. R. BATHRICK, OHIO.  PATRICK H. KELLEY, MICH.    ROBERT E. LEE, PA.  WILLIAM D. STEPHENS, CAL.     E. S. THEALL, CLERK.  
HOUSE OF REPRESENTATIVES U. S., COMMITTEE ON NAVAL AFFAIRS, WASHINGTON, D. C.
Feb. 9, 1915.
Hon. E. C. Tieman, Deputy Commissioner of Pensions, Washington, D. C. Dear Mr. Tieman:
Herewith I inclose you communication which is self explanatory.
I have heretofore had the matter up with the War Department but failed to get the desired information. I shall thank you to advise me whether or not the records of your office disclose the name of the revolutionary war soldier concerning whom inquiry is made.
Yours very truly,
[Handwritten signature: J. H. [?]]
Revolutionary