Revolutionary War Pension and Bounty Land Warrant Application File S. 3,240, John Cumins, New Jersey

SERVICE
New Jersey
Cumins, John
NUMBER
S 3240
CONTENTS
carded

7.888. Ohio Pittsburgh
John Cummins.
of Guernsey in the State of Ohio, who was a Private, in the Company commanded by Captain Berry. — of the Regt. — commanded by Col Taylor. — in the Warfield line for ten years —
Inscribed on the Roll of Ohio. Pittsburgh at the rate of 80. Dollars 00 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 th day of April, 1833 and sent to. John Cummins, Cambridge, Ohio the Pensioner — Arrears to the 4th of Jan 1833 — — — 160. — Semi-ant. allowance ending 4 th Sept. 1833 — — — 40. — $ 200.00
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by W. H. Palmer, Clerk Book E Vol. 8, Page 108.

Circleville John Cannan Ohio. 7.888
Ad for 2 years from 1776.
7346
Mr. Smith Mrs. Cannan the Pensioner Cambridge - Guernsey County Ohio

BRIEF in the case of John Cummings  Comy of  Guinness  in the State of Ohio (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? 81  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Regt. Names of General and Field Officers under whom he served.   Years, Months, Days.     1 Day In 1776 Amplia 3 Amplia Gen. Washington Col. Taylor   1777 volunteer 6 " Col. Johnson " "   1778. Service 1 " Col. Cooper " "   " 1 " Col. Williams " "   1779 called out 1 " " Cooper " "   " 2 " " Washington "   " Col. Bell  
 5. In what battles was he engaged? a number of skirmishes with the British  6. Where did he reside when he entered the service? Munroe N. Jersey  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? no testimony  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
1776 volun. 6 First Col. Schuyler  George Taylor  1777 volunteer 3 Col. Johnson  Examining Clerk.  2 yrs. 1 month

Declaration in order to obtain the benefit of the act of Congress, passed June 7 th 1832.
State of Ohio county of Guernsey ss.
On the nineteenth day of September A.D. 1832, personally appeared in open Court, before the Honorable Jeremiah H. Wallock President Judge, and Sumner H. Brown, William Skinner & William Thompson Esquires Associate Judges of the Court of Common Pleas for said county of Guernsey, now sitting, John Quimins, a resident of Cambridge Township, in the county of Guernsey, and state of Ohio, aged eighty one 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 7 th 1832.
That he entered the service of the United States under the following named Officers and served as herein stated. That is to say, in the year 1776 - he served three months - one month under Captain Oliver Perry, at Elizabethtown, in the Regiment commanded by Colonel Taylor, in General Dickinson's Brigade of New Jersey Militia, this month was July, not easily forgotten, owing to the declaration of Independence, - another month, to wit, the month of September, under Captain Vandhorson, at Amboy, in the regiment and brigade aforesaid, during this month a flag came over to us from Staten Island, with two Gentlemen Commissioners from King George the Third, to offer us pardon and protection if we would lay down our arms and swear allegiance to their King - and the other month, to wit, the month of November, under the aforementioned Captain Perry, in the Regiment and Brigade aforesaid, in the first part of this month we served at Newark in the state of New Jersey, but towards the close of the month we had to retreat twenty-five miles nearer to where I live, my residence being in the county of Huntingdon in the said state of New Jersey, and the British got possession of the eastern part of the state from the Passaic river to Trenton on the Delaware. - That for these three monthly terms of service he was regularly called out, & drafted to serve as a Militia man, according to the laws of the said state of New Jersey, and did so serve, until regularly relieved, that his place of residence at the time of his entering the service

as aforesaid was in Lebanon township in the county of Hunterdon in the said state of New Jersey, where he continued to reside until after the termination of the Revolutionary war -
In the year 1777, on the first of January he entered the service as a volunteer under Captain Jacob Anderson, a single man & a volunteer, of Lebanon township aforesaid, in the Regiment commanded by Colonel Taylor in General Dickinsons Brigade of New Jersey Militia and continued to serve as a volunteer under the said Captain Anderson, until the first of July following, during the while of which term they served on Raritan river in Somerset county, and had a number of Skirmishes with the British, who had possession of Brunswick but a few miles from them, - That during this year he served one other month under Captain Benjamin Cooper in Colonel Taylors Regiment of General Dickinsons Brigade of New Jersey Militia aforesaid, what month this was he does not certainly recollect, but it was during this months service that Genl. Burgoyne was taken prisoner during the year Colonel Spirlinghuyzen who with us constantly as he lived on the Raritan - Colonel Sealy of Morris county commanded us some times - In the year 1778, he served one month under Captain Cooper, heretofore mentioned, at Elizabethtown - he served another month under Captain Edward Millmot - during this month they were ordered first to Trenton on the 27 th of May and lay there until the 17 th June, & then to Mount Holly in Burlington county where the British was, and from that time until after the Battle of Monmouth they had little rest day or night - and another month under Captain Cooper, again at Passaic Falls this month he believes was September, these three months service were in the aforesaid regiment of Colonel Taylor, in General Dickinsons Brigade, in the capacity of a Militia man having been regularly called, In the year 1779, he served one month being part of March regiment at Amboy, under Captain Vanderveer again, and two months under Captain John Bell, one at Elizabethtown and the other at Newark - Stony Point was taken while he was out one of these months, but he cannot recollect which - these three months service were also in Colonel Taylors regiment of Genl. Dickinsons Brigade, in the capacity of a Militia man - In the year 1780 - during this year men were to be raised to go to the frontier after the Indians, he volunteered for six months under Captain Abraham Schuyler,

Major Westbrook was then commanding Officer, and their station was on the head waters of the Delaware.
In the year 1781 he served three months as a volunteer under Captain Rickey. Their place of Rendezvous was Morristown, from thence they were marched to the North River where they encamped on the same ground Genl Washington had left to go to Virginia to take Cornwallis, here we were attacked by the regular troops of the New Jersey line;
That he has no documentary evidence, and that he knows of no person now living within his reach, whose testimony he can procure, who can testify to his service, but that it might be possible if he were in Hunterdon county, New Jersey the place of his nativity, and where he resided until the year 1795, he might procure such witness.
The Court having pronounced to the applicant the Interrogatories prescribed by the War Department. In answer to the first interrogatory he states that he was born in the county of Hunterdon in the state of New Jersey on the 24 th of January 1761. In answer to the second he states that he has no record of his age? In answer to the third he states, that when called into service, he lived in the county of Hunterdon in the state of New Jersey, that he continued to reside in said county until the year 1795, that from thence he moved into Frederick county, Virginia, and there resided until the year 1829, when he removed to Cambridge township, Guernsey county, Ohio, where he now resides. In answer to the fourth interrogatory he states that he was called into service by draft as stated in his declaration, & that he also volunteered as heretofore stated. That he did not serve as a substitute. In answer to the fifth interrogatory he states that he recollects the name of Colonel Ogden a regular officer of the first continental regiment of New Jersey & he also names Genl M c Donough of the regular troops. In answer to the sixth interrogatory he states, that he received a discharge from the service, given by Major Westbrook which has long since been lost, for the six months service in 1780. In answer to the seventh interrogatory he states the names of Peter McFadden, Edward Jenkins, Andrew Allen. He further states that having resided but a few years in this county, & being old and infirm he has not become acquainted with my clergyman.

and therefore he is unable to procure one to certify as to his veracity. 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 agen- cy of any state -
Sworn to and subscribed, the day and year first expressed.
John Cummins
We, Robert M c Fadden residing in the town of Cambridge in Guernsey county, Ohio, and Edward Jenkins of the township of Cambridge, in the county aforesaid, hereby certify, that we are well acquainted with John Cummins, who has subscribed and sworn to the foregoing declara- tion; that we believe him to be eighty-one years of age; that he is reputed and believed in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. Sworn and subscribed, the day and year aforesaid. Robert M c Fadden Edward Jenkins
And the said Court do hereby declare their opinion, after the investigation of the Matter, and after putting the interrogatories presented by the War Department, that the abovenamed applicant was a revolutionary soldier, and served as he states - And the Court further certifies, that it appears to them that Robert M c Fadden & Edward Jenkins who have signed the proceeding certificate are credible persons, and that their statement is entitled to credit.
I Moses Marchet, Clerk of the Court of Common Pleas for the county of Guernsey in the state of Ohio do hereby certify that the foregoing con- tains the original proceedings of the said Court in the matter of the ap- plication of John Cummins for a pension -
In Testimony whereof I have hereunto set my hand and seal of Office, this nineteenth day of September A.D. 1832.
Moses Marchet Clerk
Ms. A. 9. 2. 16

Rev. Wm
3240
INVALID.
Rev
File No. 3240
John Cummins Prin. R. J. Line
Act: June 7, 1832
Index: Vol. a , Page 84
[Arrangement of 1870.]
Mar. 17-1902 Wm H Paylor - Norfolk Va.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Cummins 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 attun
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yy
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? yy
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 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.
† 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.

Sep - 27.
Respectfully referred to the War Department.
Pres. Dept. 26 Sept. 1852
7346.
[Handwritten signature]
Washington. City.
J. M. [unclear] of the [unclear]
[Handwritten signature]
Heu
1000

Cambridge Sept 22
To the Secretary of the
Wa
Revolutionary claim under the act of 7th June 1832

Cambridge O. Sept 22 - 1832
Enclosed you will find the Declaration of John Cummins, in order to obtain a pension under the act of 7 th June 1832. He requests that you will direct your letters to him, to Cambridge Guernsey County, Ohio.
Yours &
Mrs. Sarah C.
Hon: Louis McLane. Secretary of the Treasury.