Revolutionary War Pension and Bounty Land Warrant Application File R. 2,588, William Cunningham, Va.

SERVICE
Wa
Cunningham William Susan
NUMBER
R. 2588
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.
✓

No 38,598.
William Cunningham.
Be
June 7, 1832
R. H. Gallagher, Present, P. M.

The Declaration of the heirs of William Cunningham by his son Thomas Cunningham, for the joint benefit of all the heirs of the said William Cunningham of the County of Washington and State of Virginia, in order to obtain the benefits of the act of Congress passed on the 7 th day of June 1832. respectfully shows.
State of Virginia - County of Washington, SS.
On this 11 th day of July 1853, personally appeared before me a justice of the peace, Thomas Cunningham a resident of the County and State aforesaid, aged 76 years, who being first duly sworn according to law, doth, on his oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 7 th day of June 1832. Granting pensions to widows in right of services rendered by their husbands in the war of the revolution, and if married prior to the close of said war, that pension shall commence from the 4 th day of March 1831. That the said William Cunningham did so serve in said war of the revolution, is proven by his discharge herein enclosed, that he did so serve and was discharged in and from the Virginia Brigade under the command of Captain or David Hudson Esqr. and discharged by Major W. H. Ashbroad of the 1 st B o t h and Brigade, July 21 st 1779. That the said William Cunningham died in the County of Washington on the 4 th day of May in the year 1828. That his widow Susan Cunningham died in the County of Washington on the 13 th day of November 1833. That her name before marriage was Susan Wood. That she was married to the said William Cunningham in the year 1770. That the said William nor Susan Cunningham never applied for pension during their natural lives, nor are their names inscribed at any agency in the United States for paying pensions. The heirs of the said William and Susan Cunningham, now pray that the amount of pension due to the said Susan in right of her husband, from the 4 th day of March 1831, be paid to them wherein it is provided when the widow was married to her husband prior to the termination of his services, that pension shall commence as specified, which from the 4 th day of March 1831, to the 13 th day of November 1833. would be years they respectfully pray that said pension be awarded to them.
Sworn to, and subscribed the day and year above written
J. W. Worley
J. S.
2 years 8 months 25 days

State of Virginia &c.
Washington County
I Jacob Lynch Clerk of the court of the said county of Washington, do hereby certify that John W. Worley whose genuine signature appears to the within declaration now is, and was at the time of signing the same an acting justice of the peace in and for said county, duly elected, commissioned and qualified, and that said court is a court of record having general jurisdiction.
In Testimony whereof I have hereunto subscribed my name and affixed the seal of the said court this 11 th day of July in the year 1853.
Jacob Lynch Clk.

Virginia
At a court continued and held for Washington county the 28 th day of June 1853.
Ordered that it be certified that it appears to this court by legal and satisfactory evidence that William Cunningham who was a revolutionary soldier of the United States, departed this life in this county on the _____ day of _____ 1833, and that John Cunningham, Ann Hutton wife of John Hutton, Elizabeth the wife of John Dickenson, Thomas, William, James, Samuel and Joseph Cunningham, and Margaret Clark are the children and legal heirs of the said William Cunningham deceased.
The above is a true copy from the records of the court of the said county. — In testimony whereof I Jacob Lynch Clerk of the court of the said county of Washington have hereunto subscribed my name and affixed the seal of the said court this 31 st day of October in the year of our Lord one thousand eight hundred fifty four.
Jacob Lynch Clk.

State of Virginia County of Washington } On this day personally appeared before me a Justice of the peace for the County aforesaid Thomas Cunningham, and Made Oath that William Cunningham a Revolutionary Soldier in the County of Washington, died on the 13th day of Novr. 1833, and that the Certificate of the County Court of Washington is Correct, any to the Contrary is a Mistake - The Widow Susan Cunningham died on the 4th day of May 1828 and not William, and that the death of William Cunningham, is so recorded in the County Court Office, on which , with parol proof the Court Certified, Given under My hand this 28th day of Sept 1853
J. M. Humes J.P.
State of Virginia } Washington County, to wit. I Jacob Lynch Clerk of the court of the said county of Washington, do hereby certify that John S. Humes whose genuine signature appears above, now is, and was at the time of signing the same, an acting justice of the peace in and for said county, duly elected, commissioned and qualified.
In Testimony whereof, I have hereunto subscribed my name and affixed the seal of the said court, this twenty ninth day of September 1853.
Jacob Lynch Clk.

Rev. and 1812 Wars Section
MOS/HMM Car
November 11, 1929.
Mr. A. L. Witt Big Stone Gap Virginia.
Dear Sir:
I advise you, in  from the papers in the Revolutionary War pension claim, R. 2588, it was stated that William Cunningham served in the First Battalion in the Virginia Brigade of Militia under the command of David Mason and Major W. Hubbard, and was discharged July 24, 1779.
It was stated that he married in 1770 Susan Wood.
She died May 4, 1828 in Washington County, Virginia.
He died November 13, 1833 in Washington County, Virginia and was survived by the following children:
John Cunningham Ann wife of John Hutton Elizabeth wife of John Dickenson Thomas Cunningham William " James " Samuel " Joseph " Margaret Clark
On July 11, 1853, while living in Washington County, Virginia, aged seventy-six years, Thomas Cunningham applied for the pension that was due him and the other children (mentioned above) on account of the Revolutionary War service of their father, William Cunningham. The claim was not allowed as specific period of service, which was the requirement of the pension law, was not furnished.

The date of birth of William Cunningham is not shown in the papers of said pension claim.
For information relative to land that may have been granted William Cunningham by the State of Virginia, you should address the Librarian, Virginia State Library, Richmond, Virginia.
Very truly yours,
EARL D. CHURCH Commissioner.

1929, Nov. 11 - hist. to Mr. A. L. Watt, M.C.J.
2588.
P. O. _____
William Cunningham
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18
REJECTED

No 38,598 William Cunningham
Pa
W. G. ... 10/33
... 10/33
... 10/33
... 10/33
Jan 7 1882

CUNNINGHAM, WILLIAM (VA) R-2588

John Wood, James Campbell, Will m Cunningham & Charles Timbulake, of the Virginia Bri- -gade of Militia, under the Command of David Mason Esq r on the So. Carolina Expedition are hereby discharged the Time of their Ser- -vice, being expired. Given under my Hand at Camden, July 24. 1879.
W. Hubbard, Major 1 st Bat n V. Brig.

Govt of Pensions
My Dear Sir
The Old Man Cunningham, is so much Insulted, because he require proof of six or more months Service of his Father in the Revolution, he desires me to withdraw all the papers, including the discharge. If admissible, please enclose them to me & I will deliver them to him
Yours truly Respectfully J. M. Stevens
Abingdon Apr. 8th 1856.

Oct. 6, 1853.
ADDL. CO. M CASE 99 Williamstown, Mass.
of J. W. Adams, Hudson, Va. Pioneer Office Washington City 1861
W.R.H.

Abn. gdon July 13th 1853 Hon Com of Pensions
Dear Sir
You will find Enclosed, the delaine of the Hrs of William Cunningham a Revolutionary Soldier, for pension in right of their Mother, the Widow. His discharge is Enclosed. (Strange as it may seem, there are four discharges, on the one slip of paper. — Where the Hrs. of the other three inside is unknown. I have however kept a true Copy of it.
I am Dear Sir Very Respectfully Yours B. H. S.
J. M. Stevens
I have in this Case, as (in) some other Cases — Expused much doubt to the Hrs. as to the legality of the Claim. If Mr. Cunningham had of been alive on the 7th of June 1832, and his Widow Survived him, doubt , would not Arise — but Can his Widow, in right of her husband Obtune, when he died before the day specified by Law, and as he did so due, have they any right at all. Other Gentlemen differ with me in opinion. and I may be wrong — & they right.
J. M. Stevens

Abingdon Oct. 1 — 1853
Hon. Commr.
Dear Sir
I enclose the Affidavit of Mr. Cunningham, as to the date of his Father & Mothers death. If the declaration states him to have died at any period other than 1833, I made a mistake. On Monday last, at the sitting of our Court, I took Mr. Cunningham in to Court; the Court re-affirmed their Certificate saying the Certificate given was correct. The Old Man Cunninghams Will was brought into Court, and the Record shows that he died on the 13th day of Novr. 1833. Nothing of course is said about the death of the Widow, but she died on the 4th day of May 1828. The mistake must be mine,
I am Dear Sir Very Respectfully your Oft St
J. M. Thorne
The Court considered it wholly unnecessary to give a second Certificate when the one now in the department is correct & true, and nothing here to certify to, in the case,

Cornynham Hins

Virginia
At a court continued and held for Washington County the 28 th day of June 1853.
Ordered that it be certified that it appears to this court, by legal and satisfactory evidence, that William Cunningham who was a revolutionary soldier of the United States, departed this life in this county, on the _____ day of _____ 1833, and that John Cunningham, Ann Hutton wife of John Hutton, Elizabeth the wife of John Dickenson, Thomas, William, James, Samuel and Joseph Cunningham, and Margaret Clark are the children and legal heirs of the said William Cunningham deceased.
The foregoing is a true copy from the records of the court of the said county of Washington.
In Testimony whereof I Jacob Lynch Clerk of the court of the said county of Washington have hereunto subscribed my name and affixed the seal of the said court this 1 st day of July in the year 1853.
Jacob Lynch Clk.

Abingdon Nov. 31 - 1854 Commr. of pensions
Dear Sir,
I Enclose Certificate of Court of the date of Nov Dec Cunningham's death, his wife died before he did, and if I stated in the declaration otherwise, the mistake was made by me, not by declarant
I am Dear Sir Very Respectfully Your Obt. Servt
J. M. H. Lewis

Edinburgh Febr. 19 th 1854. Commr. of pensions
Dear Sir,
In hunting for some papers to day, I found the letter you alluded to, some time ago, and given to Mr. Gallagher in relation to the case of M rs Cunningham - I some time ago enclosed a copy of the proof in that case from the Record of Court. and hope it was used in relation to the death of the parties. If I asserted in the declaration otherwise than as follows, I was mistaken Susan widow of William died in 1825, M rs the soldier in whose right the Hon. Claimant died in 1833. or 4. I am not certain, as I speak from memory. at our next Court I will have administration taken, and Certificate enclosed, the Hon. Claimant under Act of 7 th of June 1832, commencing 4 th of March 1831. a Very Small Amt.
I am Dear Sir Very respectfully your Obedt Servt J. M c Leods

Abingdon May 10th 1854 Hon Court
Dear Sir
I hope I shall be pardoned for adverting to the Case of Cunnigham's Heirs for pension the discrepancy in the Certificate of the Court and the declaration. Must have originated in the declaration for Mr. Cunnigham's Will , of Record, shows, he died in 1834 (I think), and his Widow had died some years previous. I did apply to the Court to make another report of the time of his death, they replied they had furnished Certificate, and if they ordered another, it would be precisely the same. The reason I call your Honors notice to this Case is , the Heirs are becoming very importunate about it.
I am Dear Sir Very Respectfully Your obedt Servt John W. Stevens

J. W. Stevens
Oct 17/36

Pension Office
October 17 1856
1833 Sir
The papers of William Cunningham dec d of Virginia are a part of the files of this Office and cannot be returned to him,
J. W. Stevens Esq
Abingdon
Virginia

POWER OF ATTORNEY,
FROM
TO
R. H. Gallaher.
Filed, _____ 185
BY
R. H. Gallaher,
Attorney!
Copyrighted by John S. Gallaher, Jr.
Murphy & Co. Printers & Stationers, 178 Market St. Balt.

POWER OF ATTORNEY.
Know all Men by these Presents,
That I Thomas Cunningham, for myself and Heirs of A. Cunningham residents of Grays Creek the County of Washington and State of Virginia do hereby select, ordain, constitute and irrevocably appoint, with power of substitution, John W Stevens Attorney at Law of Abingdon our true and lawful Agent and Attorney, for us and in our name, place, and stead; to examine into, enter, prosecute, file and defend: before the proper Department of Government, or other Tribunal; any claim, or suit, in our behalf, or in which we may be legally interested: by virtue of our claim for an area of pension due to the Heirs of our Father William Cunningham for services rendered, in the War of the Revolution, and by Act of Congress granting pension to Revolutionary soldiers, their Widows, Heirs, and Further empowering our said Agent and Attorney, or his substitute, to apply for, and receive, any Money, Bounty Land or Bounties, Pension Claim or Claims, or other Dues, of any kind whatsoever, that may be found to be due us for pension area and not claimed by the said William Cunningham, or his Widow from the 11 th day of March 1837 to the 13 th day of November 1853 1853.
And further empowering our said Agent and Attorney, and authorizing him to receipt therefor, and give full and free acquittance thereof, in his name, as our Agent and Attorney in fact, but all for our benefit and behoof. Hereby ratifying and confirming whatsoever our said Agent and Attorney may lawfully do, or cause to be done, as in these premises specified: and, as though we were present personally, and acting for ourselves. Binding our heirs, legal representatives and assigns to comply with, and fully carry out and complete any obligation, contract, or agreement, that is, or may be made between us and our said Agent or Attorney, his legal representatives, heirs or assigns.
Signed, Sealed, and Acknowledged in presence of
Test Michael Waddel Thomas B. Cunningham
In Virtue whereof, I do hereunto affix My Hand and Seal, this 11 th day of July 1853
Thomas Cunningham
*** * L.S. * ***

State of Virginia
County of Washington
On this Eleventh day of July One Thousand Eight Hundred and Fifty Three before me, John W. Worley a Justice of the peace in and for said County and State, duly authorized by law to administer oaths, personally appeared Thomas Cunningham for himself and the Heirs of W m Cunningham , the identical person whose name is attached to the annexed Power of Attorney , and being duly questioned, acknowledged the same to be his free act and deed, as specified.
In Testimony whereof, I have hereunto set my hand, and affixed my name, the day and year last above mentioned.
J. W. Worley J.P.
State of Virginia
County of Washington
I, Jacob Lynch Clerk of the County Court, in and for the County and State aforesaid, do hereby certify, that John W. Worley whose genuine signature appears to the foregoing affidavit, is, and was, at the time of signing the same, a justice of the peace in and for the County and State aforesaid, duly commissioned and sworn; that all his official acts as such, are entitled to full faith and credit; and that the aforesaid County Court is a Court of Record having general jurisdiction.
Given under my hand and the Seal of my Office. at Abingdon this 11 th day of July A. D. 1853.
Jacob Lynch Clk. Clerk.

259 Tenn. Offic. Sept. 10, 1853,
In The declaration of the son of William Cunningham, did for the benefit of the Act of June 7, 1832, states that said William died on the 4 th day of May 1828, and that his widow, Susan Cunningham died on the 13 th of March 1833! There is also a bill filed in the Court of Washington County, Va. showing that William Cun- ningham died on the  day of 1833! " If the averments in the declaration are true, then only one person due to William Cunningham is to his widow, for whom there can be no other claim; but and if the not, and the  year of his death is correctly stated in the certificate of the court, it must be established in the most satisfactory manner before

The claim can be considered, I would have primary stated, also that Mr. Stern, who has filled the paper to you, admits that Campbell died prior to June 7, 1832, and here the date assigned to his death in the catalogue of the Court is invoked in the new mystery.
R. H. Gallagher
Sept. 10/53
W. H. Gallagher, Esq. Present

J. W. Stevens
Nov. 8. 1834.

Pension Office. 8 th Nov. 1854.
Sir,
The additional evidence in the case of William Cunningham dec d of Virginia, in no manner obviates the objection, reported to R. H. Gallahue Esqr. in my letter of 19 th October 1853. I enclose you a copy of it.
J. W. Stevens Esqr. Abingdon. Virginia.

R. H. Gollacher Oct 19/53

413 Pension Office.
19 th Oct. 1853.
Sir,
The additional evidence in the case of William Cunningham dec d of Virginia, has been received and filed with the original application.
No specific period of service has been claimed or proved; nor does William's name appear upon the Virginia Rolls. It appears from his discharge that he was in the service.
The date of the intermarriage of William and Susan must be proved, as also the date of Susan's death. The record itself which has been lodged in Court, on a certified copy thereof, showing the date of William's death, must be produced. Evidence as to the number and names of the surviving children must also be exhibited here. The certificate of Court heretofore adduced is insufficient. —
W. H. Gallahar, Esq. P. H. Fleming Esq. Thurs. 19 th Oct. 1853. Virginia

145 Pension Office,
May 19. 1854
Sir,
In reply to your communication of the 10 th instant, respecting the case of W m Cunningham, deceased I can only refer you to my letter to R. M. Gallagher of the 18 th September and 19 th October, 1853, which it would seem he has communicated to you.
The claim cannot be allowed upon the evidence on file.
Very respectfully J. C.
John W. Stevens Esq. Abingdon Va.

SOUTHWEST INSURANCE AGENCY
INCORPORATED
WRITES
ALL KINDS OF INSURANCE
None But the Best Companies Represented
BIG STONE GAP, VA.
September 12th, 1929.
Recd
Commissioner of Pensions,
Washington, D. C.
Dear Sir:
I am trying to establish the father of Thomas Cunningham, who was born about 1780, and died in Washington County, Virginia, in May 1860. It appears that his father's name was William Cunningham, and that the said William Cunningham received a bounty land warrant in what is now known as the state of Kentucky.
In Chalkley's History of Augusta County, Virginia, he lists:
✓ William Cunningham, Private in Seventh Virginia Va. Regiment - Revolutionary War.
William Cunningham, As a Lieutenant.
William Cunningham, Captain, First Va. Regiment.
William Cunningham, Major.
May I ask if you will examine your records and advise me if either of the above is recorded as being the father of Thomas Cunningham. If your records establish this fact, please give the date of the birth and death of William Cunningham, and such other information as you may have as to his service in the Revolutionary War.
Very truly yours,
A. L. Witt
A. L. Witt.