Revolutionary War Pension and Bounty Land Warrant Application File S 29739, Joseph Cummings, Mass.

SERVICE
Mass.
Bunnings Joseph
NUMBER
S 29739
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

15878 Massachusetts
Joseph Cummings
of Norfolk in the State of Mass who was a Private in the Company commanded by Captain Gilmer of the Regt commanded by Col Lyke in the Mass line for 5 months Private 2 " Sergeant
Mass
Inscribed on the Roll of Massachusetts at the rate of 26 Dollars 67 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6th day of Aug 1833 and Sept 1833
Liliana Norbury Mass Arrears to the 4th of March 1833 $33.33 Pemi-ant. allowance ending 4th " 19.33 $66.67
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. H. Adams Clerk, Book 6 Vol. 2 Page 13
19 Norfolk

Joseph Cummings Mass
Print 5 Mar Sept 2
7 14-16 06
March 22 1833 P. 310.
8877
16 11 7 10.0 26.65
E. S. Leland Roxbury Mass

BRIEF in the case of Joseph Cummings  Gentry of Norfolk in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 17 96 5 Private Genl Whiting Col Wheelock   12 Aug 2 Sergeant Genl Wilder Col Dyer  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Norfolk Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary documentary and one living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attached agreeably to the regulation - the credibility of the living witness is not verified - nor the official character of the Genl. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

I Benj a Bullard of Shurton in the County of Norfolk Commonwealth of Massachusetts being of lawful age do testify and say that I am well acquainted with Joseph Cummings now of Marlborough in the County and Commonwealth aforesaid that I was a Soldier in the State troops in the year 1779 on Dorchester Hill near Boston and that the above named Joseph Cummings was there and did Sergeant duty as a Subaltern for his Brother John Cummings in the Company of Capt. Theobald Wilder Col Dike Regiment said Cummings went from Shurton the above service was performed in the year 1779
Benj a Bullard
Norfolk ss Sept 10 1832 When the above named Benj a Bullard personally appeared and solemnly swore that the above instrument by him subscribed was true in every part thereof as Benj a Bullard Just of Peace
I the Subscriber do testify and say that the above named Benj a Bullard is reputed to be a man of truth whose testimony may be relied on Benj a Bullard Just of Peace
Concluded by me Silas P. Peabody

Joseph Cummings 8871
Edwin S Leland

Commonwealth of Massachusetts.
County of Norfolk ss. On this fifth day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Probate now sitting at Dedham in and for said County, Joseph Cummings a resident of Roxbury in said County, aged seventy seven 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 act of Congress passed June 7th, A. D. 1832.
THAT he was born at Sharon in said County on the twenty seventh day of March A. D. 1755, and that there is a record of his birth in the Town to his knowledge : that he was in the United States service from the first day of July A. D. 1776, to the first day of December A. D. 1776 .5 months as a Private in the Massachusetts Militia : that he was residing at Sharon aforesaid when he entered the service ; that he was a volunteer and served for the period aforesaid under the command of Capt Lewis Whiting in Col Whelock's Regt
Charleston New Hampshire : that he marched from Sharon to Ticonderoga through : that he served with The Jersey Blues
of the regular troops ; and Gen Gates of the regular officers were known to him : that he was in no battle and at the end of his service received a discharge but not in writing : that he left the service on or about the first of December 1776
and that since the Revolutionary war he has resided at Sharon & Roxbury : that he has no documentary evidence of this service
ALSO : that he was in the United States service from the fore part day of January A. D. 1777, to the fore part day of March A. D. 1777 two months as a Sergeant in the Massachusetts Militia that he was residing at Sharon aforesaid when he entered the service ; that he was a substitute for his brother John Cummings and served for the period aforesaid under the command of Capt Wilder in Col Dike's Regt
: that he marched from Sharon to Dorchester Heights : that he served with none of the regular troops ; and
no regular officers were known to him : that he was in no battle that at the end of his service he received a discharge but not in writing and left the service on  about the fore part of March 1777
ALSO : that he was in the United States service from the day of A. D. 17 , to the day of A. D. 17 as a in the that he was residing at when he entered the service ; that he and served for the period aforesaid under the command of
: that he marched from : that he served with of the regular troops ; and regular officers were known to him ; that he was in battle
that at the end of his service he received a discharge and left the service on

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 the agency of any State.
Joseph Cummings.
Sworn to and subscribed the day and year first aforesaid.
We Benjamin Reynolds Esquire residing in the  Sharon and Josiah Talbot residing in Sharon hereby certify that we are well acquainted with Joseph Cummings who has subscribed and sworn to the above declaration; that we believe him to be seventy seven 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 as aforesaid.
Benj o Reynolds Josiah Talbot
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 abovenamed applicant was a revolutionary Benjamin Reynolds and served as he states. And the court further certify that it appears to them that Benjamin Reynolds who has signed the preceding certificate, is a justified the peace resident in the  Sharon ; and that Josiah Talbot who has also signed the same is a resident in Sharon and an credible person ; and that their statement is entitled to credit. The court further certify that Benjamin Reynolds is a justice of the peace for said county of Norfolk & that the name of Benjamin Ballard is inserted in the certificate to the deposition of Benjamin Ballard is inserted in his own right hand containing
I Samuel Haxon Register of the court of Probate of Sharon do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Joseph Cummings for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel Haxon

I, Josiah Talbot of Sharon in the County of Norfolk & Commonwealth of Massachusetts, (seventy five years of age) testify & say, that, the within named, Joseph Cummings served in the same Company & Regt with me, at Ticonderoga, in the war of the Revolution, for the period of five months, as he has stated in the within statement.
.3.
Josiah Talbot
Norfolk ss September 5 th 1832 Subscribed & sworn to
Before Me I further certify that the said Josiah Talbot is a credible witness I. Sel. and Judge of Probate

Ms. B. H.
DEPARTMENT OF THE INTERIOR,
Sur File 29.739.
Bureau of Pensions,
Rev. War.
Washington, D. C., January 23, 1906
Madam:
In reply to your request for a statement of the military history of Joseph Cummings , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 1 1776 Dec. 1 1776 Private Levi Whiting Wheelock Mass   Dec. 1776 2 mos. Sgt. Thophilus Wilder Dike Mass.   Copy        
Battles engaged in, None stated.
Residence of soldier at enlistment, Sharon, Norfolk Co., Mass.
Date of application for pension, September 5 1832.
Residence at date of application, Roxbury, Norfolk Co., Mass.
Age at date of application, born March 27 1755, at Sharon, Mass.
Remarks: Brother, John Cummings. No further family data. A careful search of the records of this Bureau fails to show that a claim has been filed on account of the Revolutionary service of any Joseph Cummings other than the above.
Very respectfully,
Mrs. H. S. Merriam,
Waverly,

1228.
M.B.H.
to. Miss
29 739 INVALID. Rev
File No. 29 739
Joseph Cummings Sergt Rev War
Act: June 7 th 39 th
Index: —Vol. 9 , Page 92
[Arrangement of 1870.]
1906 Jan. 23 - History to H.G. Merriam and advised no claims for Benf. Cummings, Samuel Nye and Ezekiel Whu

John Cummings

Commonwealth of Massachusetts.
Secretary's Office, Sept 10 th 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that The name of John Cummings is borne upon the Master Roll of Col Dikes Reg t in Capt Theophilus Wildin Company for the period of two months from December thirteenth 1776.
Edward D Bangs, Secy

8871 Joseph Cummings
E. G. Leland Esq.
Roxbury
Mass.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Joseph Cummings which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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 amount of pension he is entitled? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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? yes as to others XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? 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? no one not Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no 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? yes XVI. ‡ Are the papers authenticated as the regulations direct? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes ct 2
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 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 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.
†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.

1906. Feb. 15: Mrs Merriam wife no other Jos. Cummings Shaw. See File 29739 with which she was furnished Jan. 23. 1906. (Cir B.047.) O. W. AND N. DIVISION. letter returned no ref. to this case
Department of the Interior,
BUREAU OF PENSIONS,
Feb. 14, 1906.
Searched by Gilb
Original No.
Certificate No.
Claimant,
Soldier,
Joseph Cummings
Service,
Mass. Service Rev. War
Remarks:
No claim as above except Inv. File 29739.

Waverly, N.Y.
Nov. 26 th 1905
Commissioner of Pensions, —
Dear Sir —
Will you kindly send me the Revolutionary Record of the four following names —
1 Joseph Cummings, born in Ware, Mass., April 8, 1753. 2 Benjamin Cummings, born in Killington Vt. 1719, removed to Ware, Mass. 3 Samuel Nye, born in Middleboro Mass 1714, March 7. died in New Braintree Mass. 4 Ezekiel White, born in Weymouth or Braintree, Mass., June 8, 1748
Yours truly Mrs. H. G. Merriam

L.M.H.
January 27, 1906.
Mrs. H. G. Merriam, Waverly, New York.
Madam:
In response to your letter dated November 26, 1905, and received November 28, 1906, you are advised that a careful search of the records of this Bureau fails to show that claims have been filed on account of the Revolutionary services of a Benjamin Cummings who was born in 1719, a Samuel Nyo, who was born March 7, 1714, or an Ezekiel White, who was born June 8, 1748.
Very respectfully,
Commissioner.