Revolutionary War Pension and Bounty Land Warrant Application File S. 18367, John Cunningham, Conn.

SERVICE
NUMBER
Conn.
Cunningham, John
S 18367
CONTENTS
bearded

Vermont 18.572
John Cunningham of Chittenden Co in the State of Vermont who was a private in the Company commanded by Captain _____ of the Regt - commanded by Maj Root. in the Conn. line for Ohio.
Order to pay 8 letters to William Alleston 23 March 1839
Inscribed on the Roll of Vermont at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 13 th day of Sept r . 1833 and sent to N. B. Haverle Burlington.
Arrears to the 4th of Sept r . 1833. $ 66 66 Semi-ant. allowance ending Sept r . 13 33
$ 80.00
{ Revolutionary Claim, { Not June 7, 1832. }
Recorded by W. L. Williams Clerk Book 2 Vol. 3. Page 57

A Revolutionary Claims.
STATE OF VERMONT, } Chittenden County, ss. }
On this seventeenth day of August A. D. 1832, personally appeared in open Court, before the Honorable County Court for the County of Chittenden, now sitting, John Cunningham a resident of Winesburgh in the County of Chittenden and State of Vermont, aged Seventy 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 herein stated.
I went into the service under Capt Noble or Capt Ales. I do not recollect which, we marched from Suffield through Windsor and Hartford Connecticut, and were stationed afterwards at New Haven where we continued as near as I can recollect about two months , from there we went to East Haven where we were stationed through the summer. and while there I participated in building a fort - and continued there in the service until we were dismissed in November I believe in 1779 - I was out in this service a little over six months - I was dismissed without a cent of money and was obliged to beg my bread while in my return home - I cannot recollect the names of any of our Officers except Capt Noble, Capt Ales and Maj r Kent
I never received any discharge - other than a verbal one. I was born in Grotton in the State of Connecticut on the 23 d February 1762 - - I have no record of my age - When I entered the service I lived in Suffield Connecticut - Since the Revolution, I lived in Wethersfield

Mass- annual years - for the last twenty five years I have lived in Hinesburgh Vt when I now live
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 } John Cunningham the day and year aforesaid, }
Before Nathan Mearsmell Clerk
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 Ebenezer Barstow Esq. and Moses Leonard
who have signed the annexed certificate and who are residents of the town of Hinesburgh are credible persons and that their statement is entitled to credit.
Attest
Ebenezer D. Green } Judge of Chittenden John Mansfield } County Court
STATE OF VERMONT, } Chittenden County, ss. }
I Nathan Mearsmell Clerk of Chittenden County Court, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Cunningham for a Pension.
In testimony whereof I have hereunto set my hand and seal of office, this 17 th day of August
A. D. 1832.
Nathan Mearsmell

6452
John Canningham
Adm c
8 mos
$26.66
N B Hamill Burlington

WAR DEPARTMENT,
Pension Office,
April 27 th 1833
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 subjoined 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. Those 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, shewing the Service of John Cunningham of Hinesburg L
   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.     1779 - 2 - Private Major Kent, Mass. Mty. Art. Regt. 70 years old - no living witness.   1779 - 6 - Private lived in Litchfield when he entered the service   8 00  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr John Cunningham

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 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.

T
1836 a
INVALID.
cur
File No. 18367
John Cunningham Pr. Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 87
[Arrangement of 1870.]

John Cummins Kingsley.
No 6452.

We the undersigned inhabitants of Hingham do hereby certify that we are well acquainted with John Cunningham who has subscribed and sworn to the annexed Declaration, that we believe him to be Seventy years of age, that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution & that we concur to that opinion
Sworn and subscribed this 17 th Charles Bartlett day of August A.D. 1892 and Moses Leonard I hereby certify that the above persons are credible witnesses
Sworn to in open court Before Nathan Folsomwell Clerk

Chittenden County
Clerks Office
Burlington June 22 d 1833
J. L. Edmonds Esq r
I herewith transmit the corrected Pension claims of John Cunningham John Moses Jacob Snider & John Beach
as soon as decided upon please to communicate to me the result
Respectfully yours
Nathan B. M c Aswell Clk

FREE
James L. Edwards Esq
Com r . of Pensions
Washington
D. C.

Burlington Vt March 12. 1839
Sir -
At the request of John Cunningham a pensioner, I forward his voucher for a years pension due him on the fourth instant. If the voucher is satisfactory please enclose it to E. P. English Esq - Agent for paying pensions - with instructions to pay the amount due.
I am very respectfully Your. Obt. Servt.
Wm Weston
James L. Edwards Esq Comm ee of Pensions " " "

State of Vermont Chittenden County
I hereby certify that the papers hereto attached and marked A & B are the same documents heretofore forwarded to the Pension office to substantiate the declaration of John Cunningham, and that since their return from the Pension office the documents marked additional No 1 2 & 3 have been added
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rutland this 22 d day of June A D 1833
Nathan Blisswell Clerk

State of Vermont Chittenden County
Additional P 1
Personally appeared before me the undersigned a Justice of the Peace for Chittenden County. John Cunningham of Hinesburg, to me known as the same person who made his declaration before the Honorable Chittenden County Court on the 17th day of August 1832, who being duly sworn, doth depose and say 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 two months as a Private in 1779
For six months as a Private in 1779
making in all eight months for which
I claim a pension, - my services were in the Continental troops of Shelburne, - I know of no documentary proof or living evidence that I can produce to substantiate my declaration - and my memory does not enable me to be more particular in stating my services
John Cunningham
Sworn and subscribed this 10th day of June A D 1833 and I hereby certify that the above named Cunningham is a Credible person -
Page one
Nathan B. Mearns well Justice of the Peace

State of Vermont Chittenden County
I Nathan Mearnell clerk of Chittenden County Court do hereby certify that Nathan Mearnell Esqr. before whom the within declaration was taken was at the time thereof a Justice of the Peace, duly qualified acting under the authority of this state, and that his name there subscribed is his own proper signature. In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 22 d day of June A d 1833 Nathan Mearnell

I Josiah F. Goodhue a clergyman residing in Williston in the county of Chittenden do hereby certify that I am well acquainted with John Cunningham of Hinesburg who made his declaration (for the purpose of obtaining a Pension under the act of Congress June 7. 1832) before the Honorable Chittenden County Court on the 17th day of August A.D 1832; that I believe him to be Seventy years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and I concur in that opinion.
Josiah F. Goodhue, Minister of the Gospel.
Sworn and subscribed this 21 st day of June A.D 1833. and I hereby Certify that the above named Josiah F. Goodhue is a Clergyman in regular standing
Chauncy Mowatt
By me Williston June 21 st 1833
I further certify that the Rev. Mason Knapp, who certified for the above named John Cunningham in August last has removed from this state, to Michigan S. and that there is now no settled minister in Hinesburg. Josiah F. Goodhue.

State of Vermont } Chittenden County }
I Nathan Mearswell Clerk of Chittenden County Court do hereby certify that Chauncy Bronnall Esqr before whom the within affidavit was taken was at the time thereof a Justice of the Peace duly qualified acting under the authority of this State and that his name thereto subscribed is his own proper signature
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 22 d day of June A D 1833
Nathan Mearswell

Rev. Mr. ————— Goodhue
Addressed to Mr. Goodhue
Sir I have been acquainted with Mr. John Cunningham from my childhood and consider him a man of truth and veracity
Very respectfully
Haverburgh June 13. 1832
Yours Eli Boston
I have been acquainted with John Cunningham for 25 years and never heard Mr. Haverburgh for truth and veracity questioned
Nathaniel Hunsicker
I have known Mr. John Cunningham several years and consider him a man of truth and veracity
Daniel Goodyear
We the subscribers hereby certify that Mr. John Cunningham is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution, and we concur in that opinion.
Haverburgh June 1833
Daniel Marsh Robert Beach Nathaniel Hunsicker
Eli Boston Widow Wm. Wm.
John Hunsicker Nathaniel Hunsicker
Daniel Goodyear June 1833