Revolutionary War Pension and Bounty Land Warrant Application File S. 12661, Charles Cunningham, New York

SERVICE
NUMBER
New York
Birmingham, Charles
S. 12661
CONTENTS
carded

20.321 20.321
New York
Charles Cunningham of Jefferson in the State of New York was a private in the Company commanded by Capt. Dubois of the Regt commanded by Col. Clinton in the War for the Independence for the term of 1 Yr. $120
Enscribed on the Roll of N.Y. at the rate of 10 Dollars 83 3/4 Cents per annum, commence on the 14th day of March, 1831.
Certificate of Pension issued the 29 day of Aug 1833 and to the A. H. Whitson
Arrears to the 14th of Mar 1833 $81.34 Semestral allowance ending Sept 20.38 $101.92
Revolutionary Claim, Act June 7, 1832. J. G. Steele Clerk, Page 52
Recorded by Book E.
Vol. 1 Page 52
Dead
Paid at the Treasury under the Act of the 6 th April 1838 from 4 th Sept 1833 to 7 Oct 1834 the day of his death - Age 70 died 7. Aug 1839

TREASURY DEPARTMENT.
Second Comptroller's Office,
July 26 th , 1839.
Sir:
Under the act of the 6 th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Elijah G. Cunningham, Ad mn on the estate of the widow of Charles Cunningham dec d , a Pensioner on the Roll of the Albany, N. York, Agency, at the rate of Forty — Dollars and Seventy Seven Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept., 1833, to the 7 th October, 1834, the day of his death.
Respectfully, yours,
Albin L. Parris Comptroller.
To the Commissioner of Pensions,
Present.

No 23912.
Charles Cunningham Jefferson County New York
adm d
Adriel Ely Watertown. New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Charles Cunningham Jefferson County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted 1. June 1775 - 6 - private C Schuyler Genl Col. Montgomery 46 years Peacham Franklin County New York 3 New York Regt for the invasion of Canada - { Traditional evidence no clergymen Certificate two reason against Witness Certified Credible, Papers Correct   Recruited " - 6 7 private Same Company now Comd by Col. Benschoten  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
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 Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such 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.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

C. Cunningham
23912
Adrie Ely
Watertown
Linn Co
N.Y.
Agent
adm d
12 mo. 7.00. pri
Recd 4f

STATE OF NEW YORK, } 88. Jefferson County, }
ON this Sixth day of March 183 3 , personally appeared in open Court, before the Judges of the Court of Common Pleas, in and for said County, now sitting, Charles Cunningham a resident of Hallowell Upper Canada in said County, aged 76 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, 1832.
That he entered the service of the United States under the following named officers, and served as here-in stated.
That he enlisted in Beekman Dutchess County New York the first day of June 1775 for the invasion of Canada into the Company commanded by Capt Levis Dubois a private in said Company in the Regiment commanded by Colo. James Clinton the 3 rd New York Regt in Gen Schuyler's Brigade the whole expedition under the command of Genl Montgomery & marched immediately to Montreal and was at the taking of Montreal & then did duty until the first day of December the term of his enlistment which was for six months having expired when he re-enlisted in the same Company now under the command of Captain Benschoten . Capt Dubois being made Major and soon marched to Quebec to succor Arnold and was stationed at Point Levis opposite Quebec - and the headquarters of the Regt then remained until the 15 th  April 1776 when we crossed the river and joined Gen Wooster's force and remained with him about twelve days when we recd orders to return home when I arrived with my Company the 7 th  June of that year was dismissed and paid off for one Year and seven days Service as a Private - for which Service of One Year & Seven days I ask a Pension
I was Born in Beekman Dutchess Co. N. York April 4. 1757 I have no record of my age except in my family Bible as I lived in Beekman when I was called into service and in the Revolutionary War lived in said Beekman till the year 1797 when I moved to Hallowell Prince Edward County Midland District Upper Canada where I now live & have lived ever since
I was called into service by voluntary enlistment My Captains were Levis Dubois and Alias Benschoten . My Lieuts Harry Mott , Alias Benschoten & John Lawrence . - My Majors Harry Livingston & Levis Dubois - Col James Clinton - I saw Genl. Arnold with his troops. Genl Wooster & his troops at Quebec - My Enlistments were for the first period Six Months - the second period five Months - Colonel Clinton & Doctor Franklin were in company with us on our return home - I never received a better discharge - William Cunningham Joseph Leaven & Sarah Leaven who resided in Beekman when I do know my present Neighbours all are known to my friends

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.
Sworn to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
Charles Cunningham
2  We, _____ a Clergyman, residing in the Town of _____ in said County, and Elias Bedal residing in Hallowell Upper Canada hereby certify, that we are well acquainted with Charles Cunningham who has subscribed and sworn to the above declaration; that we believe him to be Seventy Six 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 to, and subscribed, the day and year aforesaid.
P. Burchard Clerk
Elias Bedal
5 And the said Court 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 certifies, that it appears to them that _____
who has signed the preceding certificate, is a Clergyman, resident in the town of _____ and that Elias Bedal who has also signed the same, is a resident in Hallowell and is a credible person, and that their  his statement is entitled to credit. and further that it appears to the satisfaction of
this Court that the said Charles Cunningham cannot prove two respectable persons one of whom to be a clergyman without incurring too great an expense and inconvenience to him
I, PELEG BURCHARD , Clerk of the Court of Common Pleas, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Charles Cunningham for a Pension.
In testimony whereof, I have hereunto set my hand and seal of the Court, this Sixth day of March 183 3/4
P. Burchard Clerk

Rev. War
12661 INVALID.
over
File No. 12,661
Charles Cunningham
Dis. Rev. War.
Act: Jesse M. 32
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Watertown Liff. Co. N. Y. June. 11. 1833
Sir
I herewith return the Pension claim of Charles Cunningham - I cannot under- stand the objections to his claim - His services are proved by three Witnesses certified by the proper officer all to be credible. The Court in their Certificate say that it appears to their satisfaction that said declarant could not procure a Clergyman without too great an inconvenience & expense - You will find the certificate of the credibility of the Witnesses in the body of the affidavit & the reason for no Clergyman in the Certificate of the Court
Yr obs. Servt
Admiral Ely
Hon. J. S. Edwards
Washington.

Midland District Province of Upper Canada
on this Sixteenth day of March in the year of our Lord one Thousand Eight hundred and Twenty Three -
Personally appeared before me James Cotton Justice of the Peace in and for the said District Joseph Leavens of the Township of Hallowell in the said District Yeoman. aged Seventy nine years. William Cunningham of the same place Yeoman aged Sixty three years. and Sarah Leavens wife of Benjamin Leavens of the same place: aged Sixty Seven years. all to me well known to be credible Persons - all of them being of the denomination of People called Friends or Quakers. being duly affirmed according to Law. Say that they severally are acquainted with Charles Cunningham and have been ac- quainted with him for many years. That they knew him in the year 1775 and that he in that year entered into the service of the United States. at Poughkeepsie in Dutches County State of New York. in Captain De Clinton's Company Col: Clinton's Regt. and that he then Charles Cunningham was gone from home upwards of a year. and that they verily believe he did serve the United States. in the Expedition against Canada in the said Company and Regt. more than one year all this they affirm to be true according to the best of their knowledge and belief.
Attested and affirmed and Subscribed before me at Hallowell
Joseph Leavens William Cunningham

Personally appeared before me, James Coffer Esquire of the Township of Sophiasburgh in the Midland District of the Province of Upper Canada one of His Majesty's Justices of the peace for the said District, who acknowledged to me that the signature "James Coffer J.P." to the foregoing attestation and affirmation, was of his own proper hand writing, in testimony whereof, and that the said James Coffer is such Justice of the Peace as aforesaid, I have hereunto set my hand and Notarial seal at the Town aforesaid of Kingston in the District and Province aforesaid this — eighteenth day of March in the year of Our Lord One Thousand eight hundred and thirty three —
H. Smith Not: Pub: U. C

BOUNTY LAND WARRANT RECORD CARD*
NAME Cunningham, Daniel GRADE Private LINE New Jersey
WARRANT NUMBER 8203 ACREAGE 100 ISSUED August 3, 1789 To H m . J. Vreedeburgh, assignee or J.
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.

BOUNTY LAND WARRANT RECORD CARD*
NAME Cunningham, David GRADE Private LINE Pennsylvania
WARRANT NUMBER 9112 ACREAGE 100 ISSUED November 8, 1791 to Peter Rodermal, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.