Revolutionary War Pension and Bounty Land Warrant Application File S. 9263, Walter Cunningham, Va.

SERVICE
NUMBER _____
Va
Cunningham, Walter
S 9263
carded
CONTENTS

5056  Virginia
Walter Cunningham of Harrison in the State of Va — who was a Pvt in the Compy commanded by Captain Seate — of the Regt commanded by ————— in the Va line for 6 months from 1776 —
Date of death not on AB
Inscribed on the Roll of Virginia at the rate of 20 ± Dollars — Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 nd day of Febry. 1833 — and sent to Johnson. House of Reps —
Arrears to 4th of Sept 1832 90 ± Semi-ant. allowance ending 4 th Mar 1833 10 ±
/ 100 ±
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Nathan Rice Clerk, Book (D Vol. 7 Page 94
Lik 12 th March 1833 due a/c of 100 ± 

Walter Cunningham
$20 per am adm
Ha J. Johnson HR

BRIEF in the case of  Walter Cunningham of Harrison  of County — in the State of Virginia (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge?
Before a court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he?
83 years —
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.     In 1776 — 3 — As a no grade mentioned Genl Capt David Scott —   1777 fall — 3 — Capt Michael Rader  
5. In what battles was he engaged?
was in no battle —
6. Where did he reside when he entered the service?
County of Shenandoah —
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
by 2 living witnesses & traditionary evidence & Documentary proof
8. Are the papers defective as to form or authentication? and if so, in what respect?
They appear correct (except testimony of Witnesses)
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Jamy Ord —
Examining Clerk.

Walter Cunningham has. draws $20-
July 12. 1834. Mr Cunningham made the following statement of his age and services as a soldier in the war of the Revolution - born and lived in the county of Shenandoah until the year 1776. in the fall of that year he came across the Allegheny Mountains to his brother's in Singamun creek near Harrison city. - Capt. Daniel Scott was then enlisting men for Rainsberger - he enlisted under Scott in the 3rd Penns. - and raised on the West Fork of Singamun fishing creek. and through the lower part of Harrison county as at present bounded. - he was out all the time carrying and scouting until his term expired which was on the 7th day of February. 1777. Never nothing about the authority under which Scott acted. nor does he know whether he was commissioned as Captain of the 3rd company or got his discharge of the company he was then in. He had a crop in the succeeding harvest month and in the fall. volunteered under Capt. W. Needham to go against the Shawnee towns on the Ohio River, marched to the mouth and joined there a few new companies - (Thomson's Buck. Bty. & Artillery, & the Baldwin's were captain of the other companies) Marched from the mouth to Fort Pitt. then joined Genl. Hand's army. went there to Fort Wheeling. remained there several weeks. - the company returned to Pitt. after he got back his term expired got his discharge from Capt. Read and went home. - he gave the discharge to Col. Read. He said. & anything bro't from Scott was the first term. - from his last term by Adam Cunningham
Note - the Service detailed in the first term. must have been irregular and unauthorized - it was Neighlinton Maltbie - as to the second term, is it probable that men would have been drafted in Shenandoah county for then three months service in the Ohio River. in the then State of the country and war? it would have taken an army three months to have marched from Thomas Creek city across the Allegheny Mountains to the Ohio River. B3 next page W. G. Gangleton Nov. 18. 1834

Since writing preceding note - I have seen Capt. Nader under whom Cunningham has alleged, to have marched from Shenandoah to Fort Pitt the Ohio river - - Reader satisfied me beyond all question that he did march a company from Shenandoah County to the Ohio River to Pittsburgh & Wheeling - and was in service there - & I also know that Capt. Beck of Frederick County, also marched a company from same county to the same place, and at the same time - so that I must be mistaken in the opinion first intimated. W. H. Singleton
5056 Walter Cunningham - Pa. Shenandoah Co.
ok

Walter Cunningham
Declaration
J

Virginian
Harrison County
On the 21 st day of August in the year 1882
Personally appeared in open court before the justices of said county of Harrison in court now sitting Walter Cunningham a resident of Simpson's Creek Harrison county aged 83 years who being first duly sworn ascending to law doth on his oath make the following declaration in order to attain the benefit of the act of Congress passed June 4, 1882
That in the year 1776 he resided in the county of Shenandoah State of Va. That in the summer of the aforesaid year he visited the county of Monongalia in said state. That when there he was in company with Rangers under the command of Capt David Scott. That he was employed in reconnoitering the country between the Monongahela and Ohio Rivers That while thus engaged the company was frequently successful in discovering the approach of Indians and in conveying intelligence to the forts and settlements, so as to apprise and guard them against danger. That he was discharged at the termination of three months, the discharge is here with enclosed
In the fall of 1777 after having returned home to Shenandoah He enlisted under Capt Michael Rader marched to Fort Pitt was attached to a regiment commanded by General Hand From thence he descended the Ohio river to Wheeling where he was discharged after having served three months. He was never directly engaged in any battle during his continuance in said service.

That he has no documentary evidence except the accompanying discharge signed by lieutenant John Mahon. That he knows of no living witness except his brother Adam Cunningham whose affidavit is here with subjoined. That he removed from Shenandoah to Harrison where he now resides many years ago.
That he is acquainted with John Wilden David Davidson William A. Harrison John J. Allen and various other persons in the neighbourhood where he resides to whom reference may be had.
That he hereby relinquishes all 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. Sworn and subscribed to this day of August 1882. Walter Cunningham
The Hamilton Goff a clergyman in the county of Harrison and State of Virginia and Joseph J. Winters do hereby certify that we are well acquainted with Walter Cunningham who has subscribed and sworn to the above declaration that we believe him to be 83 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 to and subscribed, the day and year aforesaid.
Hamilton Goff. J. J. Winters
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 revolution- ary soldier and served as he states. And the court further certifies that it appears to them that Hamilton Goff who has signed the preceding certificate is a clergyman resident in the county of Harrison and that David Davis son who has also signed the same is a resident in the county aforesaid and is a credible person, and that their statement is entitled to credit.
Jacob Coptin J.P.
I David Davison Clerk of the Court of Harrison Coun- ty, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Walter Cunningham for a pension In testimony whereof I have here- unto set my hand and seal of office this 2 nd day of November 1832 D. Davison C.H.C.
The amended Declaration of Walter Cunningham who being sworn before me gave the following answers
When & in what year were you born
Answer in Shenandoah County Virginia in Dec r 1759
Question Have you any record of your age & if so where is it
A. my age is recorded in an old family Bible now in my possession Sworn & subscribed this

December 7, 1937
XXXXXXXXXXXXXXXX
Mrs. Henry D. W. Morris 50 Grampian Way Boston 25, Uphams Corner Station Massachusetts
WALTER CUNNINGHAM S. 9263 BA-J/MLB
Dear Madam:
You are furnished herein the record of Walter Cunningham as found in pension claim, S. 9263, based upon his service in the Revolutionary War.
Walter Cunningham was born in December, 1749, in Shenandoah County, Virginia. The names of his parents are not shown.
While residing in Shenandoah County, Virginia, in the summer of 1776, he went to visit in Monongalia County, his brother, and while there enlisted and served three months as a private in Captain David Scott's company of Virginia rangers engaged in scouting and guarding the country against the Indians and was discharged February 1, 1777, then returned to his home in Shenandoah County, Virginia. He volunteered in the fall of 1777 to go against the Shawnee towns on the Ohio River, and served three months as private in Captain Michael Rader's Virginia company, marched to Fort Pitt where he was attached to a regiment commanded by General Hand, descended the Ohio River to Wheeling where he was discharged.
After the war, the soldier moved from Shenandoah County to Harrison County, Virginia, where he was residing when he was allowed pension on his application executed August 21, 1832, his exact place of residence being Simpson Creek, in that county.
No reference was made in the claim to wife or children of Walter Cunningham.
In 1832, the soldier referred to his brother, Adam Cunningham, but did not give his place of residence or any other details concerning him. It is not shown whether Adam Cunningham was the brother Walter Cunningham visited in 1776 in Monongalia County, Virginia.

In order to obtain date of last payment of pension, the name and address of the person paid and possibly the date of death of Walter Cunningham, the soldier, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
Walter Cunningham Certificate 5056 Issued February 1 or 2, 1833 Rate $20 per annum Commenced March 4, 1831 Act June 7, 1832 Virginia Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1737 Dec 7 - Act to mortgage 20. Morris (Realtor in chm. p. 1508 of rec. Cunningham) Dpt. 10
Rehran
9263
INVALID.
File No. 9263
Walter Cunningham Priv. Rev. War.
Act: June 9 th p. 32
Index: Vol. 12, Page 85
[Arrangement of 1870.]

S. H. 9263
Walter Cunningham Va.

Waller and Thomas Cuningham is discharged the hanging Joseph gang of Bangor February 21 st 1877 giving under my hand John Mahon

Harrison County ss. Personally came Anthony Huhn before me me Benj. Price a justice of the peace in & for the said County of Harri- -son & Commonwealth of Virginia & made Oath that Walter Cunningham served full three Month in Capt David Scotts Company of Ringers John Mahon Lieutenant in the year 1777. Sworne to & subscribed this 12. th day of Aug t 1832.
Teste B. J. Price J. P.
Anthony his mark Huhn

Harrison County Virginia to wit Having been called upon by Walter Cunningham in whose favour, As to services rendered by him in the war of the Revolution, the deposition of Anthony Shuke was taken before me some time ago: I do certify that I have known the said Shuke upwards of thirty years & have no reason to doubt the veracity of his statement made in relation to the said Cunningham's services. Given under my hand this 19 th January 1832.
B. J. Boyle

I David Davison Clerk of Harrison County Court do hereby certify that Benjamin J Brice is an acting Justice of the peace in and said county.
In Testimony whereof I have hereunto set my hand and seal of office this 26 th day January 1833
D Davison C.H.C

2 nd Brief
Walter Cunningham.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Walter 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 amount of pension he is entitled?
yes as to periods (but not as to grade)
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

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
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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no
And is the official character and signature of the magistrate certified by the proper officer under his seal of office?
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 (as to 1 witness)
XVI. ‡ Are the papers authenticated as the regulations direct?
yes (except depositions of witnesses)
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
no as to 1 st & 2 nd . 
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 the 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.
† 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 authenticated 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 end 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.

Nathan Loff
12 March 1835
G.C.
Record. Vol 23 \frac{1}{2} page 16

Dept of War Penna Office March 12 1835
Sir.
I have directed that the name of Walter Cunningham be stricken from the pension roll, he not being entitled Under the act of Congress passed June 7. 1832 And also the name of Thomas Smith, late of Washington Co. Pa. with other persons hereof the list.
Yours
Nathan Giff En Clarkway 74

December 7, 1937
XXXXXXXXXXXXXXXX
Mrs. Henry D. W. Morris 50 Grampian Way Boston 25, Uphams Corner Station Massachusetts
James Cunningham, S. 1508 Walter Cunningham, S. 9263 BA-J/MLB
Dear Madam:
Reference is made to your letter of recent date, in which you request in behalf of Mrs. Frances Cunningham Dooly, the Revolutionary War records of soldiers with the surname Cunningham who received land grants, as follow: Andrew, Lottery Land Grant, Twiggs County, Georgia; his son, James, who in 1784 was entitled to 250 acres; James, granted 200 acres, June 24, 1782, Augusta County, Virginia; Ann, 1092 acres on the Kentucky River in 1783; Thomas, 1000 acres, in 1783; James, 400 acres in 1780, James, 1000 acres in 1780, both in Jefferson County, Kentucky; Walter, 1000 acres in 1780; James, 200 acres on warrant No. 1083 in 1785, for service in the Virginia Line.
The land grants cited by you do not pertain to United States grants but to transactions by the states from which the soldiers served in the Revolutionary War.
No claims for pension or bounty land have been found based upon service in the Revolution of a soldier named Thomas Cunningham who served from Virginia and settled in Kentucky, or for any Andrew Cunningham. No record has been found of a soldier with surname Cunningham whose widow, Ann, received land in Kentucky on account of his service. Records have been found, however, for a James Cunningham, of Augusta County, Virginia, and of only one Walter Cunningham. Those records are furnished you herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator