Revolutionary War Pension and Bounty Land Warrant Application File W. 22884, Samuel Cunningham, Mass.

SERVICE
NUMBER
Mass
Cunningham, Samuel Sarah
W. 22884
CONTENTS

Massachusetts 732 New York City.
Sarah Cunningham Mrs widow of Samuel Cunningham who was a private in the Naptly. line
Inscribed on the Roll at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 32 nd day of July 1843 and sent to L. M. Stone — Boston Naptly —
[Act of March 3, 1843.]
Recorded in Book A Vol. 1 Page 39 —
Rept July 15 Wid to Pen Age 5 Feb 1844. To New York City from 4 th Sep 1843. 13 Feb 1844. Notification sent to L. M. Stone. Boston Mass

State of Maine
County of Lincoln
Town Clerks Office
Newcastle, September 18. 1838
I Solomon Hutchings the subscriber do hereby certify, that it appears by the Registry of Marriages in the Town of Newcastle, that there is contained the following entry of marriage, viz,
"Marriage solemnized by Sam l Nickels Esq r ."
"Seventeen hundred & ninety Decem r . sixteenth"
"Samuel Cunningham and Sarah Holmes both of s d Newcastle."
That it is a true copy of the Record with the exception of the date, which is expressed on the Record in fair legible figures as follows, viz.
"1790 Decem r . 16."
I Solomon Hutchings above named depone & say, that I hold the Office of Town Clerk in the Town of Newcastle in the County of Lincoln & State of Maine, that the above is a true extract from the Records of said Town with the exception above named as certified.
Solomon Hutchings Clerk of the said Town of Newcastle

State of Maine County of Lincoln } ss.
Sworn before me, September 18. 1838
Jeremiah Bailey Justice of the Peace
State of Maine.
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss—I JACOB SMITH, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that Jeremiah Bailey Esq. whose name is affixed the annexed paper, as a JUSTICE OF THE PEACE is legally commissioned and duly qualified to act as such, and that the name so affixed is his own proper signature to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this 22 day of September A. D. 1838
J. Smith
CLERK.

1656 2113
Sarah Cunningham
act 7 July 38.
m 90. d 1804
on Roles Mass lin
acmd
2 yrs pri
80 11
No deduction
L. M. Stone Esq Boston Mass

DECLARATION.
In order to obtain the benefit of the Act of Congress, of the 7th July, 1838, entitled "An Act granting half pay and pensions to certain widows,"
State of Massachusetts, } County of Suffolk. } ss
On this thirteenth day of September A. D. one thousand eight hundred thirty eight personally appeared before the Hon. William Simmons, Judge of the Police Court within and for the City of Boston, personally appeared before the same being a Court of Record of the Sarah Cunningham = = hama a resident of Boston in the county of Suffolk aged Seventy one years, who, being first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress, passed July 7, 1838, entitled "An Act granting half pay and pensions to certain widows;" That she is the widow of Samuel Cunningham who was a* Private in the Continental Army of the War of the Revolution and served according to the best of her recollection and belief as follows, viz,
She enlisted in the service of the U. S. at Jefferson in the State of Maine (then Massachusetts) sometime in April seventeen hundred & seventy seven and served as a Private in the Thirteenth Mass ts Regt in what was called the Major's Company under Colonel Smith, as she verily believes for the term of three years or more.
She further declared that she was born and always resided in Newcastle in the State of Maine until the year 1821 when she removed to Boston and has been a resident of said City of Boston ever since.
She further declares that she was married to the said Samuel Cunningham on the Sixteenth day of December in the year seventeen hundred and ninety four; that her husband, the aforesaid Samuel Cunningham died on the in August eighteen day of hundred and four. (The day of the month she is unable to state.) that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety-four, viz. : at the time above stated, that she has not intermarried since his decease.
Sworn to, and subscribed, on the day and year above written, before me, Sarah Cunningham
Wm Simmons Judge as aforesaid
* Here insert the rank the husband held in the army, navy, or militia, as the case may be, and specify the service performed, as directed in rule numbered one of these regulations.

Commonwealth of Massachusetts
Suffolk. ss.
I Thomas Power, Clerk of the Police Court, within and for the city of Boston, do hereby certify that William Simmons Esquire, whose name is hereunto affixed, was at the date thereof one of the Justices of said Court, that the signature of his name herein is in his proper handwriting, and that the said Court is a Court of Record within said Commonwealth.
In testimony whereof I have hereunto set my hand, and caused the seal of the said Court to be hereunto affixed, at Boston, the third Day of September in the year of our Lord one thousand eight hundred and thirty eight.
Thomas Power. Clerk.

War Department.
PENSION OFFICE, JULY 17, 1838.
The following rules, prescribed by the President of the United States, and adopted by the Secretary of War, in order to carry into effect the Act of Congress of the 7th July, 1838, entitled "An Act granting half pay and pensions to certain widows," are published for the information of applicants under that law:—
1. Applicants must produce the best proof the nature of the case will allow, as to the service of the deceased officer or soldier, and the time when he died. It must be clearly shown in what troop or company, and regiment or corps, he served, and the grade he held. Proof, as to service, must be had, either from the records of the War Department, the muster rolls, the testimony of commissioned officers, or the affidavits of persons of known respectability. Every applicant will make a declaration according to the subjoined form, before a court of record, setting forth, according to the best of her knowledge or belief, the name and rank of the person on account of whose service the claim is presented; the day, month, and year, (if possible,) when he entered the service, and the time when he left the same; and, if under more than one engagement, the claimant must specify the particular periods, and the rank and names of the officers under whom the service was performed; the town or county, and state in which he resided when he entered the service; whether he was drafted, was a volunteer, or substitute; the battles, if any, in which he was engaged; the country through which he marched, with such further particulars as may be useful in the investigation of the claim; and, also, if the fact be so, that the claimant has no documentary evidence in support of the claim. From the best sources of information, evidence must be derived as to the period of the death of the officer or soldier.
2. The legality of the marriage, and the time when it took place, must be clearly established; and it must also be shown that the widow was never afterwards married. Record proof, as to the marriage is always required, whenever it can be obtained. In a case where the town, county, parish, church, or family records afford no proof as to the period when the marriage took place, the fact must be established by the testimony of one or more respectable persons, whose credibility must be certified by the officer who may administer the oath. And, in order to prevent any mistake or improper use that may be made of the affidavit of an officer who may have the custody of records, from which he may make transcripts of the record, in relation to a marriage, the officer who may give his affidavit will, instead of copying the figures contained in the record, certify "that it is a true copy of the record, with the exception of the date, which is expressed on the record in fair, legible figures, as follows:" [Here copy the day, month, and year, in letters and figures, in exact conformity with the original. Then let him add the following words:]
"I, A. B., above named, depose and say, that I hold the office _____ in the county, town and state aforesaid, and that the above is a true extract from the records of said _____ with the exception above named, as certified by me. A. B., Clerk of the _____ (or rector, or pastor, as the case may be.)"
Sworn before me, C. D., Justice of the Peace.
And then will follow the certificate of the proper officer, under his seal of office, as to the official character and signature of the magistrate who may administer the oath. Where no record proof exists, other than the family record, the original record must be produced and sworn to by the person in whose possession it has been kept.
3. In a case where the service of deceased officer or soldier is clearly proved by record or documentary evidence, or the affidavit of a commissioned officer, showing the grade or length of service of the deceased, the particulars in relation to the service are not required to be set forth in the claimant's declaration; but she must swear, in positive terms, that she is the widow of the person whose service is thus proved. And no claim whatever can be sustained without positive proof of service.
4. In every case in which the deceased officer or soldier was a pensioner, the fact should be so stated, and the deceased pensioner so described, as to enable the Department to refer immediately to the evidence upon which he was pensioned, and thus facilitate the investigation of the claim of the widow.
5. Applicants, unable to appear in court, by reason of bodily infirmity, may make the declaration before or justice will certify that the applicant cannot, from bodily infirmity, attend the court.
6. 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 of the Territory, or of the proper officer or clerk of the court or county, under his seal of office, will be annexed, stating that such a 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.
7. The widows of those who served in the navy, or as Indian spies, will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require.
J. L. EDWARDS, Commissioner of Pensions.
AN ACT
Granting half pay and pensions to certain widows and for other purposes.
Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person who served in the war of the revolution, in the manner specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died leaving a widow, whose marriage took place after the expiration of the last period of his service, and before the first day of January, seventeen hundred and ninety-four, such widow shall be entitled to receive, for and during the term of five years, from the fourth day of March, eighteen hundred and thirty-six, the annuity or pension which might have been allowed to her husband in virtue of said act, if living at the time it was passed: Provided, That in the event of the marriage of such widow, said annuity or pension shall be discontinued.
SECTION 2. And be it further enacted, That no pledge, mortgage, sale, assignment, or transfer of any right, claim or interest, in any
annuity, half-pay, or pension granted by this act shall be valid, nor shall the half-pay, annuity, or pension, granted by this act, or any former act of Congress, be liable to attachment, levy, or seizure, by any process in law or equity, but shall enure wholly to the personal benefit of the pensioner or annuitant entitled to the same; and that before a warrant shall be delivered to any person acting for, or in behalf of, any one entitled to money under this act, such person shall take and subscribe an oath or affirmation, to be administered by the proper accounting officer, and put on file, that he has no interest in said money by any pledge, mortgage, transfer, agreement, understanding, or arrangement, and that he does not know or believe that the same has been so disposed of to any other person.
SECTION 3. And be it further enacted, That the Secretary of War shall adopt such regulations and forms of evidence in relation to applications and payments under this act, as the President of the United States may prescribe.

Rev WIDOW, &c.
File No. 22,884  own
Sarah Cunningham was of Samuel Cunningham Prs. Moors Lane
Act March 3 rd 48
Index: Vol. A , Page 162
[Arrangement of 1870.]

Massachusetts - 1656
Sarah Cunningham, widow of Samuel Cunningham, died who was a pensioner under the Act of and who died in the month of Aug t 1804, of Suffolk Co. in the State of Mass ts who was a private in the _____ commanded by Captain _____ of the Reg t commanded by Col. Smith in the Mass ts - line for 2 years private -
Inscribed on the Roll of Massachusetts - at the rate of 80 Dollars Cents per annum, to commence on the 14th day of March, 1836
Certificate of Pension issued the 18 th day of Jan- uary 1839 and sent to L. M. How, Esq. Boston, Mass ts
Arrears to the 14th of Sept. 1838 = $200:00 Semi-annual allowance ending 4-11-38 40
$240:00
{ Act July 7, } 1838. }
Recorded by S. S. Ellis Clerk, Book A Vol. 1 Page 79.

Solomon Huckleberry's depon. —
I

I Solomon Hutchings of Newcastle in the County of Lincoln, State of Maine, on oath testify & declare, that I am Town Clerk of said town of Newcastle and have the books and records of said town in my keeping & possession. In the first volume of the records of said town where the publications of intention of marriage are entered & recorded, I find the following entry & record, to wit,
" 1790 Decem r 1 Marriage was published betwixt Sam l Cunnigham of Ball Town in the County of Lincoln and Sarah Holmes of Newcastle in said County per me
Sam l Nichols Town Clk. "
And in the same book of records on a page where marriages are recorded I find the following entries and record commencing at the top of the page, to wit,
" Marriages solemnized by Sam l Nichols Esq: "
" 1790 July 17. Enoch Perkins and Mary Beets both of Newcastle " Sept r 16 Thomas Campbell and Rachel Chase both of said Newcastle " Nov. 29 John Perkins and Louis Dodge both of said Newcastle " Dec. 13 Joseph Duncal and Jane Given both of said Newcastle " 16 Samuel Cunningham and Sarah Holmes both of s d Newcastle. "
The book of town records from which the above extracts are made, is an original & genuine record, & used as such.
That part of the town of Newcastle where said Samuel Cunningham resided when he was married, was usually then called Ball Town, & it is sometimes so called at this day.
Solomon Hutchings

State of Maine.
Lincoln, August 9. 1838. Personally appeared the within named Solomon Hetchings before me Jeremiah Bailey one of the Justices of the Peace within & for the County of Lincoln, and after being duly cautioned & sworn, made oath to the truth of the within depositions by him subscribed in my presence. And I further certify, that the within named deponent is a person of good credit & reputation, in whose testimony confidence may be placed. And that from the records of said of Newcastle it appears that the deponent aforesaid is Town Clerk of said town for the present year.
I further state that upon examining the Records of said town of Newcastle I found the publishment and marriage of the said Samuel Cunningham and Sarah Holmes recorded as stated in the foregoing deposition.
J. Bailey Justice of the Peace

Mary Mann's depon

I Mary Mann of Wiscasset in the County of Lincoln, State of Maine, on oath testify and say, that I was well acquainted with, and well remember Samuel Cunningham late of Newcastle in said County of Lincoln reputed to have been a Revolutionary Soldier, deceased. ~ He died some time in the month of August 1804.
I am also well acquainted with his widow Sarah Cunningham, who is now living, and who now is, and always has remained the widow of the said Samuel ever since his decease, and has not since been married again. She mostly resides in the City of Boston in the State of Massachusetts, and at present is now here on a visit to her friends. Mary Mann.
State of Maine.
Lincoln ss. August 20. 1838. Personally appeared the above named Mary Mann before me Jeremiah Bailey one of the Justices of the Peace within & for the County of Lincoln and after being duly cautioned & sworn, made oath to the truth of the above deposition by her subscribed in my presence. And I further certify, that the above named deponent is a person of good character & of good credit & reputation, in whose testimony confidence may be placed.
J. Bailey Justice of the Peace —

State of Maine.
TO ALL WHOM IT MAY CONCERN.
LINCOLN, ss—I JACOB SMITH, Clerk of all the Judicial Courts within and for the County of Lincoln, do hereby certify that
Esq. whose name is affixed the annexed paper, as a JUSTICE OF THE PEACE is legally commissioned and
duly qualified to act as such, and that the name so affixed is his own proper signature to me well known.
IN TESTIMONY whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas this 20 th
day of August
A. D. 1838
J. Smith CLERK.

Commonwealth of Massachusetts Suffolk County — 355
On this eighteenth day of July 1843. before me, the subscriber, a Justice of the Peace for the said County of Suffolk, person- ally appeared Mrs. Sarah Cunningham who, on her oath, declared that she is the widow of Samuel Cunningham who was a Private soldier in the War of the Revolution and served as she believes for the term of three years, that her name was placed on the pension roll of the Agency in Boston Mass ts from whence she is about removing to the City of New York where she intends to remain and wishes her pension to be there payable in future.
Sarah Cunningham
Sworn to and subscribed on the day and year above written before me, — and I further certify that the applicant above named has been known to me since the year 1838. and I believe the statement made by her to be true
Samuel M c . Stone Just. Peace.

I Joseph Luders of Boston in the County of Suffolk of lawful age on oath testify & say that I married a daughter of Sarah Cunn- ham within named. I know that she was the wife of Saml. Cunn- ham who I always understood was a soldier in the Revolutionary War, that she was a she part in- the law of 1838. & that she is now about removing to the city of New York. Joseph Luders
State of Massachusetts, 355. Suffolk. County
On this 14 th day, July 1843, personally came Joseph Luders whom I have reason to suppose to be a credible witness & made oath that the above affidavit by him subscribed is true. Before me Lowell Mr. Stone J. Pease

Commonwealth of Massachusetts.
Secretary's Office, July 18 th 1843
I hereby Certify, That at the date of the attestation hereunto affixed, Lowell M. Stone was a Justice of the Peace for the County of Suffolk.
in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Geo. A. Bolles
Secretary of the Commonwealth.

Boston, 25 th Sept. 1838.
Sir,
I have the honor to enclose herewith the application of Mrs. Sarah Cunningham for a Pension under the act of July 7 th 1838. —
I am, very respectfully, Your Obedt. Servt. — A. M. Stone "
J. C. Edwards Esqr. Comm r of Pensions. Washington. D.C.

Jan 15. Cunningham
Oct 1 - No 2113.

Boston, 10 th Jan y 1839.
Sir,
Be pleased to inform me if any decision has been made upon the application of Mrs S. Cunningham for a pension under the Act of 7 th July 1838, forwarded to the Dept. on the 26 th of September last.
Very Respectfully, Yr. ob t S vt L. M r Stone
J. A. Edwards Esq r Com t of Pensions, Washington, D.C.
2

Boston, 20 th July 1823.
Sir,
Herewith be pleased to find the application of Mrs. S. Cunningham for a Transfer to the M. G. Agency. =
I am, very resp y . Yr. obt. Serv t L. M. Stone
J. L. Edwards Esq r Comm r of Pensions Washington D.C.

Boston, 1 st Feby. 1824.
Sir,
On the 20 th of July last I forwarded the application of Sarah Cunningham to be transferred to the New York Agency. From the length of time which has elapsed I am led to the belief the same may have been misfiled - if such should prove to be the case will you please inform me.
I am, Very Respectfully
Your obt. Yst.
L. M. Stone
J. L. Edwards Esq. Comm r of Pensions Washington D.C.
}

Merchants Bank. Boston, 8 th Feby. 1844.
In reply to your letter of the 5 th inst. I have to state that Sarah Cuming, have a pensioner now on the roll of this Agency under the law of 3 rd March 1843. at $80.00 per annum has been paid up to the 4 th of September last. = I am, very resp y . your ob dt S er v t .
D. H. Harkness Pension Agent
J. L. Edwards Esq r Comm r of Pensions Washington D. C.

Admit private $80.
Map. Agency
Send to
L. M. Stone
Boston
Map.

Commonwealth of Massachusetts Suffolk County } ss.
Be it known that on this twentieth day of March April 1843. personally appeared before me, the subscriber a Justice of the Peace in and for the County aforesaid, Sarah Cunningham now President of the City of Boston in said County and Commonwealth aged seventy five years, who, being first duly sworn according to law, doth, on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed on the 3 d day of March 18313 granting pensions to widows of persons who served during the Revolutionary War.
That she is the Widow of Jno t Cunningham who was a Private in the Revolutionary War & served as she well believes as stated by her in her original declaration for a pension under the act of the 7 th of July 1838 to which declaration and the papers accompanying the same now on file in the War Department she would refer for a more particular statement of his services, for the proof of her marriage, identity and the time of her husband's death.
She further declares that she was pensioned under said act at the rate of Eighty Dollars per annum which amount she received from the 11 th of March 1836 to the 11 th of March 1841 at the agency in Boston, Massachusetts, and at the time of receiving her last payment, surrendered the Pension Certificate granted to her under said act to the Pension Agent at the said City of Boston, agreeably to the rules of the Department.
And this declarant further alleges that she has not intermarried since the time of the death of her said husband, but is now and ever since has been the Widow of said Jno t Cunningham deceased, as will more fully appear by the proof of hereto annexed.
And further she saith not.
Sarah Cunningham

Sworn to and subscribed on the day and year first within written - And I certify that the applicant is person- ally known to me to be the person within described
Before me, (the date first altered to "April")
Lowell Mr. Stone Justice of the Peace
I Jane H. Wales of Boston in the County of Suffolk, of lawful age on oath testify and say that I have been well acquainted with Mrs. Sarah Cunningham the applicant within named for many years last past. I know that she was the wife and is now the widow of Genl. Cunningham decd. and that she was a pensioner as stated by her.
Jane H. Wales
State of Massachusetts } Suffolk County } ss on this twenty first day of April 1843. personally came Jane H. Wales above named and made oath that the affidavit by her subscribed is true before me
Lowell Mr. Stone
Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston April 24 th 1843
I hereby Certify , That at the date of the attestation hereunto annexed Sowell M. Stone was a Justice of the Peace for the County of Suffolk,
in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
No. A. B. Alled Secretary of the Commonwealth.