Revolutionary War Pension and Bounty Land Warrant Application File S. 29743, James Cumings, Mass.

SERVICE
Mass-
Cummings, James or Cummings
NUMBER _____
NUMBER D. 29743
CONTENTS

75 Middletown
31. 348 Massachusetts James Cummings
Resided in the State of Mass who was a Capt. V. in the Comp. commanded by Captain Ford — of the Regt. commanded by Col. Read — in the War
  Time for 6 mo. Comp.  $ 79.24    5 - priv. 3  $ 21.96    16. 66  19.81    $39.62  $99.05  
Inscribed on the Roll of Mass. at the rate of 39 dollars 62 Cents per annum, to commence on the 4th March, 1831.
Certificate of Pension issued the 13 day of Apr. 1833 and to Nettie D. Richardson Ypsilanti Mich
  Amounts to the 4th of Apr. '32  $ 99.05    Remant. allowance ending Apr. '34  19.81     $118.86  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by G. C. Stiles Clerk, Book E. Vol. 2. Page 13

James Cummings Mess
Cash 6 m Plat \frac{5}{11}
14 16 06
May 24 1833
S. 105
14061
16 65
21.96
D. Richardson
Yunglaugh
Mess

BRIEF in the case of James Cummings  Co. of Middlesex 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? 73  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.     June In 1776 volunteers 5 Private Capt Ford Col. Dood   July ... 1777 - 11 6 Corporal Capt Lakin Col. Robinson  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Danstable Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary document 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 according to the regulations 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

James Cummings case
14061

Commonwealth of Massachusetts.
Middlesex ss.
On this twenty fifth day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, James Cummings a resident of Dunstable in the County of Middlesex and Commonwealth of Massachusetts, aged seventy three 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, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated:
5. m o 2 That sometime in the year 1776 he voluntarily enlisted for five months in Capt John Ford's company in Col. Jonathan Reeds Regiment being the 23 d Regiment of Foot - That he entered said service he thinks in the month of June in said year 1776 - went from Dunstable Ma where he then lived to Scituate where he served out said five months and was dismissed at Albany on or about the first day of December 1776 - That to prove this service he produces the evidence by deposition of Jonathan Woodward having received no written discharge
11. m o 2 again in the year 1777 on or about the ninth day of July he voluntarily enlisted as a corporal in Capt Nathaniel Lakin's company in Col. Robinson's Regiment - went from Dunstable Ma where he then resided to North Kingston R.I. where he continued to serve as a corporal of said company till the first part of January A.D. 1778 when he was dismissed at said North Kingston - That he has received no written discharge and has no evidence of this service but a Muster Roll which he produces, that he served in this case six months

That he was born in Dunstable in the Commonwealth of Massachusetts on the twenty sixth day of May in the year 1759 - That he now resides in said Dunstable and always has resided there - That he is known to the Rev. Nathaniel Laurence and Dea John Farwell who can testify as to his veracity and their belief of his service as a soldier of the revolution
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 any state,
Subscribed & sworn to the day & year aforesaid J. P. P. Pay Attest James Cummings
We, Nathaniel Laurence a clergyman, residing in the Town of Tyngsborough and John Farwell residing in said Tyngsborough hereby certify, that we are well acquainted with James Cummings who has subscribed and sworn to the above declaration; — that we believe him to be eighty three 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. Nathaniel Laurence John Farwell
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 certify, that it appears to them that Nathaniel Laurence who has signed the preceding certificate, is a clergyman, resident in Tyngsborough and that John Farwell who has also signed the same, is a resident in Tyngsborough and is a credible person; and that their statement is entitled to credit.
J. P. P. Pay Attest Isaac D. Dyer Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Cummings for a pension.
In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac D. Dyer

29743 INVALID. Rev Y
File No. 29743
James Cummings Capt Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 Page 98
[Arrangement of 1870.]

Muster Roll of Captain Nathan Lakin's company John Robinson engaged for six months from July 1 st 1778
in the service of the United States commanded by Col. John Tooke to Dec r 18 th 1778
Commission
Nathan Lakin Captain John Chaney Lt. Sam l Lawrence S er g t Ephraim Brown Enj
on furlough June 27 th 1778 Ditt o Ditt o Ditt o
   Corporals When Remarks     Sam l Wood Emest July 1 st   James Cummings Ditt o   Thomas Nichols Ditt o   Ebenezer Butterfield Ditt o        Privates When Remarks     1 David Jenkins July 1 st on Duty   2 Will Whitney Ditt o   3 Moses Chase Ditt o on Duty   4 Thomas Farber Ditt o   5 Henry Swan Ditt o   6 Oliver Barnum Ditt o   7 Moses Ames Ditt o   8 John Robb Ditt o on Duty   9 Amos Ames Ditt o on Duty   10 Isaac Williams Ditt o on Duty   11 Amos Lakin Ditt o   12 Daniel Walther Ditt o   13 James Darling Ditt o   14 Jonathan French Ditt o  
   Drum & Fife When Remarks     Robinson Lakin June 27 th   Benjamin Parker Ditt o        Privates When Remarks     18 Sam l Wymore Ditt o   19 Josiah Hobbs Ditt o   20 Isaac Walther Ditt o   21 Nathan Shattuck Ditt o   22 John Shattuck Ditt o   23 Ebenezer Dake Ditt o   24 Ebenezer Giles Ditt o   25 Israel Hoar Sept 1 st   26 Philip Butterfield Ditt o   27 Richard Brown Ditt o   28 Ebenezer French Ditt o   29 Jonathan Pate Ditt o   30 Jonah Johnson July 27 th  
North Kingstown Dec r 18 th 1778 Mustered then Capt d Lakin's company as specified in the above Roll. D r Brown J o Masterm an

Part 1
   Captain Lieutenants Ensign     Byond 2 1   Sergeant 1   Detail 1 2 1  
We Testify that the within Musterroll is a true & state to the several Stats or any individuals according to the
sworn before me this 18th Day of June
Effective
   Sergts Corporals Drummers Privates     4 11 2 96   11   4 4 2 39  
of the company without fraud Best of our knowledge John Cheney David Saml. D. Daronie Lieut
8771
Daniel Hale Justice of Peace

16 061
James Cummings
Daniel Richardson Esq. Fynghurst 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 Samy 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
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? 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? yes
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? yes
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? all
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.

I Jonathan Woodward of Symsbrough in the County of Middlesex and Commonwealth of Massachusetts aged ninety two years do testify and say that I served in the Revolutionary war and received a Sergeants warrant dated November 20 th 1776 in the Company under the Commanded by Capt John Ford in Col Jonathan Reeds Regiment being the 23 d Regiment of Foot and I served therein certainly I think not less than five months. I well knew James Cummings then and now of Dunstable Ms who is now present before me and whom I have always known before during and since the Revolutionary war and I testify and say that he served in the same said Company with me as a soldier and I think but cannot be certain that he served in said company as long as I did. I know that he came home with me Jonathan Woodward
Commonwealth of Massachusetts Middlesex ss. Be it remembered that on this eleventh day of August A.D. 1832 Jonathan Woodward personally appeared before me Daniel Richardson a justice of the Peace in and for said County of Middlesex and made oath in due form of Law that the above affidavit by him subscribed is true - and I do certify that I am acquainted with said Woodward and that he is a credible witness
Daniel Richardson Justice of the Peace
Commonwealth of Massachusetts Middlesex ss.
I Isaac Fiske Register of the Court of Probate in and for said County of Middlesex hereby certify that Daniel Richardson whose own proper signature is set to the above Certificate was at the date of said Certificate and now is a Justice of the Peace within said County. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court the day of June in the year of our Lord one thousand eight hundred and thirty three. I also certify that the within is a true copy of the original proceedings of said Court in the matter of the application of James Cummings for a Pension Isaac Fiske