Revolutionary War Pension and Bounty Land Warrant Application File W. 22883, Benjamin Cushman, Conn. Continental

SERVICE
NUMBER
born.
Cushman, Benjamin
W. 22883
Continental
Elizabeth
CONTENTS
[Blank lined section for entries]
[Blank lined section for entries]

Dead. See letter to Pen ag 6 Aug 23. '33
14303 18066 New York
Benjamin Cushman of Allego Co in the State of N. York who was a private in the Company commanded by Captain Parker of the Regt. commanded by Col Wells. in the Ch. ma line for 15 mo.
Inscribed on the Roll of New York at the rate of 50 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of May 1833 and sent to H. Hill
Arrears to the 4th of March 1833 $100 00 Semi-ant. allowance ending Septm. 25 00
$125.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book P Vol. 4 Page 50

New York - 1693
Albany - Agency -
Elizabeth Cushman born, widow of Benjamin Cushman who was a private
in the Connecticut line
9 mo: 26 days
Inscribed on the Roll at the rate of 32 Dollars 88 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 7th day of July 1843 and sent to Henry Hill Burlington New York
[Act of March 3, 1843.]
Recorded in Book A. Vol. 1 - Page 104
Recd 3 July Let to R.W. Hancock Junr 1843 " " Hon H. Bennett 1 May " "

Benjamin Cushman Jr June 4/8 11/1753
And was married June the 24 11-1776 and Joseph Cushman was born June the 4 1777 and our Etel was born July 2 1779 and our Dan was born November the 20 1781 and she died August 24 1782 March the 13 1785
And was married the second time October the 3 1787 and Almira Cushman was born May 30 1789
my first grand son was born Wednesday August 22 1804 Dan Cushman
Patty Ann Cushman was born 1809
December the 15 1816 on Sunday
Orsemus Cushman was born
February the 24 1818 on Tuesday Burlington Orson Cushman was born the 13 day July 1822 and died the 3 day of September 1823
Polly M Cushman was born September the 24 1830 on Monday

Before CHRIST cir. 397.
CHAP. IV.
1 God's judgment on the wicked, 2 and his blessing on the good. 4 He exhorteth to the study of the law, 5 and telleth of Elijah's coming and office.
FOR behold, the day cometh that shall burn as an oven; and all the proud, yea, and all that do wickedly shall be stubble: and the day that cometh shall burn them up, saith the LORD of hosts, that it shall leave them neither root nor branch.
a Luke 1. 78.
2 ¶ But unto you that fear my name, shall the Sun of righteousness arise with healing in his wings; and ye shall go forth, and grow up as calves of the stall.
And ye shall tread down the wicked; for they shall be ashes under the soles of your feet, in the day that I shall do this, saith the LORD of hosts.
Before CHRIST cir. 397.
4 ¶ Remember ye the law of Moses my servant, which I commanded unto him in Horeb for all Israel, with the statutes and judgments.
b Exod. 20. 3.
5 ¶ Behold, I will send you Elijah the prophet, before the coming of the great and dreadful day of the LORD:
c Matth. 11. 14. Mark 9. 11. Luke 1. 17.
6 And he shall turn the heart of the fathers to the children, and the heart of the children to their fathers, lest I come and smite the earth with a curse.
The END of the PROPHETS.
the 81753
Benjamin Cushman was born June And Dec the 24 1832 on Monday in the 80th year of his age
Elizabeth Cushman was born at April the 4 1766

Benjamin Cashman Declaration
18055
2
2nd 10th 3rd 2nd 10th 3rd
Henry L. L...

Declaration in order to obtain the benefit of the act of Congress passed June 7. 1832.
State of New York } Otsago County } ss
On this 15 day of October 1832 personally appeared in open court before the judges of the Court of Common Pleas now and for the County of Otsago in the State of New York now sitting Benjamin Eastman, a resident of Burlington in said county
aged 79 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, as follows,
first at Willington Hartford county in the State of Connecticut (where he then resided)
he enlisted 20th January 1776 for the term of two months in Capt. Jonathan Parkers Company Col. Wells Regiment Connecticut
2 Mos. } State troops, that he was marched to Boston and served out his tour in the siege there and was discharged on the 20. March 1776 at Roxbury about 2 days after the British under Gen. Howe left Boston.
2d. He was drafted (at Willington aforesaid) for the term of four months & served in the Company commanded by Lieutenant Loomis in Col. Sheldon's Regiment of Dragoons His majors name was Talmadge he was drafted about the 15th July 1778 and served near Peekskill on the North River in the State of New York
4 Mos. } till about the 18th November 1778 when he was discharged at Long Ridge in the State of New York. He recollects that it was about 2 days journey home to Willington and that he got home the day before Thanksgiving which was the 20th Nov.
3d. He was detached from a Company in the Militia at
9 Mos. } Willington in Connecticut for the term of nine months
15 Mos. } and served under Capt Humphrey in Col. Grover's Regiment of Connecticut State troops. the time he was detached was about the 19th March 1781 & this term of service was performed at at West Point at Gallows Hill
at Peekskill and at various places in the vicinity of the North River in the State of New York, he was discharged at Gallows Hill in the Highlands in the State of New York the 10th day of January 1782 he received written discharges for the two last mentioned terms of service but they are destroyed and he has no documentary evidence
he was in the army at Gallows Hill when it was ordered to rejoin at the surrender of Cornwallis the army being in front of the city of Philadelphia

of his service & that he does not know of any person now living whose testimony he can procure to prove his service.
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 this 3 day & year aforesaid Benjamin his F. Cushman Mark Horace Lathrop. Clerk.
We Joseph Cushman and Elijah Hubbell residing in the town of Burlington in the county of Otsego aforesaid and James B. Walworth residing in the same place hereby certify that we are well acquainted with Benjamin Cushman, who has subscribed and sworn to the above declaration; that we believe him to be seventy nine years of age; that he is respected and believed to in the neighbourhood where he resides, to have been a soldier of the revolution, and thereby that we concur in that opinion. Sworn and subscribed the 3 day and year aforesaid Joseph Cushman Elijah Hubbell Horace Lathrop. 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 certifies that it appears to them that Joseph Cushman and Elijah Hubbell who have subscribed and sworn to the above certificate are credible persons and that their statements are entitled to credit.
Seth Chase } judges J. O. Morton } S. Page }
State of New York Otsego County } ss. I Horace Lathrop Clerk of the Court of Common Pleas in & for the said County do hereby certify that the foregoing contain the original proceedings in the matter of the application of Benjamin Cushman for a Pension In testimony whereof I have hereunto set my hand & official seal this 19 th day of October 1832 Horace Lathrop By T. R. Cope Deputy

Declaration
In order to obtain the benefits of the act of Congress of the 7th of July 1838 entitled an act granting half pay and pension to certain widows
States of New York
Otsego County 3 rd
On this 17 th day of September A.D. 1838 personally appeared before James C. Walworth Esq. one of the judges of the Court of Common Pleas in and for the said County of Otsego Elizabeth Bushman resident of the town of Burlington in the aforesaid county of Otsego aged seventy two years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provisions of the Act or made by the State of Congress passed July 7 th 1838 entitled an act granting half pay and pensions to certain widows. That she is the widow of Benjamin Bushman who was a private in the Revolutionary Army the particulars of his service or who he served under is not now remembered but that he was a United States pensioner at the time of his death and drew his pension under the share of the 7 th of June 1832 reference being had to his declaration now filed in the Pension Office at Washington
She further declares that she was married to the said Benjamin Bushman on the 30 th day of October in the year seventeen hundred and eighty eighty seven as will more fully appear from the family record hereunto annexed in the hand writing of her late husband and in his handwriting taken from his Bible. That her husband the aforesaid Benjamin Bushman died

on the 26th day of December 1832 that She was not married to him prior to his beginning the services but the marriage took place previous to the first day of Jan- -uary nineteen hundred and ninety four to wit at the time stated at the town of Oxford in the State of Connecticut was married by Samuel Thompson Esq a justice peace and that she was able to give any other evidence to prove her marriage except what is hereunto annexed and that she has not married again but still remains the widow of said Benjamin Cushman and from bodily infirmities she is unable to attend the Court this declarant's maiden name was Elizabeth Cummins
Elizabeth Cushman
Sworn and subscribed on the day and year above written before James C. Watrous the Judge of Allego County Courts
The word security was erased and file introduced before signing J. C. Watrous

State of New-York. CLERK'S OFFICE, OTSEGO COUNTY.
I, SAMUEL NORTH, Clerk of said County, do hereby certify, that Richard B. Dimock Esquire, was, on the 27 th day of November 1850 a Justice of the Peace in and for the said County of Otsego, duly authorized to act as such, and that I am well acquainted with the hand writing of the said Justice, and that his signature to the annexed instrument is genuine.
In Testimony Whereof, I have hereunto set my hand and official seal of the said County, at Cooperstown, this 27 th day of Novr 1850
Samuel North CLERK.
Dec 22/50 Almond Cushman application for an increase of his Mother's Elizabeth Cushman Pension
Cole Rev.
Care of R. B. Dimock Burlington Otsego County New York

State of New York } ss Otsego County }
On this 16 th day of November in the year of our Lord One Thousand Eight hundred and fifty personally appeared before me a Justice of the peace in and for the County aforesaid Almonet Cushman who being duly sworn according to law, doth depose and say, that he is the only surviving Son, heir, or legal representative of Benjamin Cushman and Elizabeth Cushman of the town of Burlington in County and State aforesaid, and that the said Benjamin Cushman was a Revolutionary Pensioner and received from Government a pension, at the rate of $50.00 per Annum from the 4 th day of March 1831 up to the day of his death according to his original certificate, which was surrendered up at the time of the last payment after his death - and deponent further saith, that the said Benjamin Cushman died on the 24 th day of December 1832 and after the death of his father, there was a law passed, granting a pension to the widows of the revolutionary pensioners, and his said Mother Elizabeth Cushman applied to Government for a pension, and the department forwarded on to her a certificate allowing her a pension at the rate of $32.88 per Annum which she drew semi-annually up to the day of her death, which occurred on the 16 th day of April 1847. And said deponent further says, that from subsequent acts and laws, that have been passed, that his said Mother was not allowed the amount of pension that she was entitled to receive, and deponent says he verily believes that from said acts and laws which have been passed, that his Mother was entitled to receive at least as much as his Father received which was $50. per Annum - This deponent further declares that he makes this application for the purpose of obtaining all the monies that his said Father and Mother might have been entitled to receive, by way of increase or otherwise - as he is the only Son or heir that is entitled to receive the same - And I hereby constitute, and appoint Richard B Dimock, my true and lawful agent in and for me

and in my behalf to obtain all the Money or Moneys that I may be entitled to receive by any addition or increase or otherwise that Benjamin & Elizabeth Cushman or either of them might have been entitled to receive as revolutionary pensioners. In witness whereof I have hereunto set my hand and seal the day month and year above written
In presence of
Almond Cushman
W. H. Patterson
W. C. Warren
Sworn and subscribed before me the day month and year above written
R. B. Dinnick
Justice of the Peace
State of New-York. CLERK'S OFFICE, OTSEGO COUNTY.
I SAMUEL NORTH, Clerk of said County, do hereby certify, that Richard B. Dinnick Esquire, was, on the 16 th day of November 1858 a Justice of the Peace in and for the said County of Otsego, duly authorized to act as such, and that I am well acquainted with the hand writing of the said Justice, and that his signature to the annexed instrument is genuine.
In Testimony Whereof, I have hereunto set my hand and official seal of the said County, at Cooperstown, this 27 th day of March 1859
Samuel North CLERK.

and in my behalf to obtain all the Money or Moneys that I may be entitled to receive by any addition or increase or otherwise that Benjamin & Elizabeth Cushman or either of them might have been entitled to receive as revolutionary Pensioners. In witness whereof I have hereunto set my hand and seal the day month and year above written
In presence of
Edmond Cushman
W. H. Patterson
W. C. Kurns
Sworn and subscribed before me the day Month and year above written
R. B. Dinsmore
Justice of the Peace
State of New-York. CLERK'S OFFICE, OTSEGO COUNTY.
I, SAMUEL NORTH, Clerk of said County, do hereby certify, that Richard B. Dinsmore Esquire, was, on the 25 th day of November 1850 a Justice of the Peace in and for the said County of Otsego, duly authorized to act as such, and that I am well acquainted with the hand writing of the said Justice, and that his signature to the annexed instrument is genuine.
In Testimony Whereof, I have hereunto set my hand and official seal of the said County, at Cooperstown, this 27 th day of Novr 1850
Samuel North CLERK.

18066
Benjamin Cashman
admitted 15 mo. Private
9 Mo 26
Henry Lill Burlington Osage
at York

WAR DEPARTMENT,
Pension Office,
183
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 Benjamin Caskin an Asylum for the Poor New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     End Dec 1776 " 2 " priv Capt Parker Col Wells { Boston Millington   Oct 1778 " 4 " do St Loomis Sheldon None Peacham New York Co Connecticut   March 1781 Arapahoe 9 26 do Humphrey Grover { Westport age 79 years Tradition   9 26  
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 day 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 he 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 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 , 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.
Note [j] applies to continental troops only. The proof required by rule is
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev WIDOW, &c.
Sept 19'98 W.W. Mathes Saugatuck Mich.
File No. 22,883 Elizabeth Cashman Widow of Benjamin Cashman Pr. Conn. Line
Act March 3 d 48
Index: Vol. A , Page 162
[Arrangement of 1870.]

Albany 5083
Letter to Hon. J. H. Prentiss 25. Feb. 1840
Elizabeth Cushman widow of Benjamin Cushman
who was a pensioner under the Act of June 1832 and who died on the 21. Dec. 1832 of Otsego Co. in the State of N. York who was a Private in the company commanded by Captain Parker of the regt. commanded by Col. Wells in the Com. line for 9 months & 26 days
Inscribed on the Roll of Albany at the rate of 32 Dollars 88 Cents per annum, to commence on the 14th day of March, 1836.
Certificate of Pension issued the 25. day of Feb. 1840 and sent to Hon. J. H. Prentiss, H. R.
  Arrears to the 14th of Sept '39  115.08    Semi-annual allowance ending 14. March '40  16.44         $131.52  
{ Act July 7, } 1838. }
Recorded by D. Brown Clerk, Book A. Vol. 2. Page 73

V 6113
Act July 1838

Burlington N.Y. Sept 16th 1859
Hon J. L. Edwards
Sir I send you enclosed the application of Joseph Southworth instead of Joseph Southworth deceased. The deliberations made by her son is not sufficient according to form in cases of a legitimate application please to send me the proper form & instructions according to the rules of the department.
I am Sir yours with due respect
J. C. Walbridge Atty for Applicant

810 In the Matter of Elizabeth Cashman
Admit private $32.88
Albany Agency
Send to
Henry Sill
Burlington
N.Y.
Y. J. C.

State of New York } Otsego County } ss On this sixth day of April 1843 personally appeared before the undersigned a Justice of the peace of the said County Elizabeth Cushman a resident of the town of Burlington in the County of Otsego aforesaid aged Seventy seven years who being first duly sworn, according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 3 d March, 1843, granting pensions to widows of persons who served during the Revolutionary war. That she is the widow of Benjamin Cus- man deceased who was a private in the Revolutionary army - in 1776 he served in Capt. Jonathan Parkers Comp y . in Col. Wells Regt. Connecticut state troops in 1778 he served in Lt. Loomis' Comp y . in Col. Sheldon's Regt. Dragoons. in 1778 1781 he served in Capt. Humphrey's Comp y . in Col. Grovenor's Regt. Connecticut St. Troops - And that the annual amount of the pension which she received under the act of July 7, 1838 was Thirty two dollars and Eighty Eight Cents
She further declares that she is still a widow -
Sworn to and subscribed on the day and year above written.
Before me -
Henry Park Justice Peace Elizabeth Her Cushman Mark
Otsego County ss
I certify that I am well acquainted with the above named Elizabeth Cushman and know her to be the widow of the above named Benjamin Cushman Henry Park Justice Peace

STATE OF NEW-YORK, OTTEGO COUNTY CLERK'S OFFICE, } ss.
I, SAMUEL RUSSELL, Clerk of said County, do hereby certify, That Mary Park Ely whose name is subscribed to the certificate of the proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof of acknowledgement a Sister of the person in and for the said County of Ot- sego, dwelling in the said County, Elected and sworn, and duly authorized to take the same. And further, that I am well acquainted with the hand writing of such Sister and verily believe that the signature of the said certificate of proof or acknowledgement is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the seal of said County, the
Twenty Eighth day of April A. D. 18 43 Samuel Russell Clerk.

In the Matter of Elizabeth Cushman Application for Pension
J. L. Waters the Atty
These papers to be attached to the papers of Elizabeth Cushman her files and are examined And testimonies sent to J. L. Waters the Burlington N.Y.
Hon. J. H. Prentiss H.R.

Comptroller's Office
Hartford Jan'y 31 1840
I certify that on application for evidence of the services of Benjamin Cushman - who claims service in the Revolutionary War under Col. Jonathan Parker in 1776 2 months - under Lieut. Loomis in Col. Sheldon or Talmadge Regt of Dragoons at Peekskill N.Y. in 1778 4 months and under Col. Humphrey Col. Groves Regt in 1781 9 months at Westpoint Galloway Hill Peekskill etc - That the Pay Roll of the above Officers can be found in this Office.
That on Pay Table Book is the
following Accounts
  1776  Col. Jonathan Parker  Cr    June 21  To order on Dr for pay his Company  £580.0.0  
Nothing found, on the Books in this Office - that either confirms or discredits the services claimed by Cushman in 1778 in Lieutenant Loomis Company Light Dragoons 4 mo Peekskill etc
In Haskell's Receipts - under the following heads -
The United States Dr to the State of Connecticut For the Pay of sundry Persons who served in the 1st Regiment as Short Levers in the Year 1781 etc
Benjamin Cushman entered Service Augt 31
Time of discharge Dec 26 1781 - having served
Three months Twenty five days - 13 mo 25 days
Amount of Pay £7.14.8
Henry Wisbourn Compt

States of Ward Cooke
Otago County N
Abraham Cushman of the town of Burlington in the County of Otago having duly sworn according to John D'Costa and says that he is 50 years of age that he is the son of Elizabeth Cushman Widow of Benjamin Cushman deceased and that his father the said Benjamin Cushman died in December in the year 1832 at the town of Burlington aforesaid and that his Mother Elizabeth Cushman still remains unmarried and the residence of the said Benjamin Cushman and that the aforesaid family record was taken from the family Bible of his said Father and Mother the aforesaid Benjamin and Elizabeth Cushman and that he well knows that all of the said family record is in his Father's hand writing previous to the record of Patty Ann Cushman birth in the year 1816 and that he has had his Father and Mother's lives in the same house with him for more than ten years past and that his Mother the said Elizabeth Cushman has resided with him since his Father's death and that he has always known the aforesaid family record to be in his Mother's family Bible even since he saw Emanuel Smith it was taken out by the Rev. J. C. Wakefield to San Francisco in the year 1858 and that this deponent has always lived within forty rods of his Father and Mother even since he saw Emanuel and has had the family Bible in his possession and the aforesaid family record ever since his Father's death until it was taken by

Judge Walworth to send to the Pension Office - with his Mother's Declaration
Subscribed and sworn. Almond Cushman This 11th day of February 1840 Before me J. C. Walworth Judge of Otsego County Court
I certify that I am personally acquainted with the above Dependant Almond Cushman and that he is a credible person J. C. Walworth Judge of Otsego County
State of New York Otsego County ss. I, Jesse Rose Clerk of said County & also Clerk of the Court of common Pleas, sit being a court of record do hereby certify that James C. Walworth Esquire before whom the affidavit of Almond Cushman purports to have been sworn was on the day of the date thereof a Judge of the Otsego County Courts duly Commissioned and sworn and further that I am well acquainted with the hand writing of said Judge and verily believe the signature of said Judge affixed to the Certificate thereof and to the annexed certificate of Credibility is genuine -
Witness my hand & seal of office This 12th day of February 1840 Jesse Rose Clerk

2873 In the Matters of Dorothy Bushman Pension
26 Walworth Atty
Burlington N.Y.
Marr'd 30 Oct. 1787
Husband died 24 Dec 1832
H.d. 24 Dec 1832
Col Wells 7 Cents Capt Parker 5
Admitted
Private 9 mo 826 amp
Hon J. H. Pratt Home Refs US

And the said Judge before whom the foregoing Declaration was made doth testify and avers his opinion after a careful investigation of all the matters and after making all the necessary in- vestigations which were carefully, fully and satis- factory answered by the Defendant Deborah Cushman. Doth declare his opinion that he is satisfied of the truth of the Declaration. And the said Judge doth further certify that he is well acquainted with the above declarant and that she is a very credible person and entitled to full credit in her statements and from bodily disinquiries she is unable to attend the court J. C. Waterworth Judge of Otsego County Court
Deborah Cushman

State of New York Otago County ss On this 24th day of September 1838 personally appeared before the undersigned Judge Estlin Preston a resident of the town of Otago and county of Otago and State of New York aged 67 years who being duly sworn doth depose and say that she was well acquainted with Benjamin Cushman and Elizabeth Cushman and that she attended their wedding and saw them happily married in the town of Ashford in the State of Connecticut on the 30th day of October in the year 1787 and that the said Benjamin Cushman & his family moved to Otago County and town of Burlington and State of New York and that said Cushman resided there until he died about six years since and his widow Elizabeth Cushman still resides in Burlington and still remains unmarried and the widow of Benjamin Cushman appeared Esther Preston Sworn to and subscribed this 24th day of September 1838 before me James C. Waterorth Judge of Otago County Court
I certify that I am well acquainted with the above deponent Estlin Preston and that she is a credible person and entitled to full credit J. C. Waterorth Judge of Otago County

State of New York
Otsego County
Personally appeared in Open Court on the 12 th day of October 1838 to being the Court of Common Pleas of Otsego County then sitting John Sibley an resident of the town of Westford in said County of Otsego about forty four years and being duly sworn in Open Court deposes and says says that he was well acquainted with Benjamin Cushman and Elizabeth Cushman in the town of Ashford in the State of Connecticut and that he attended their wedding and saw them lovingly married in the said town of Ashford on the 30 th day of October 1787 by the Reverend Thompson as a justice of the peace and that the said Benjamin Cushman is now dead and that his widow Elizabeth Cushman is still living in the town of Burlington in Otsego County aforesaid  John Sibley sworn in Open Court by J. C. Waldo the Judge
I certify that I am well acquainted with the above deponent and that he is a credible person and that J. C. Waldo and that the foregoing affidavit was acknowledged before me (Oct 12 1838)

State of New York } Olsego County } I, Jesse Rose clerk of said County do hereby certify that James O. Walworth Esq. before whom the preceding affidavits purport to have been sworn (To wit the affidavits of Elizabeth Cushman Esther Preston and John Sibley) was on the day of the date of the same a Judge in and for said County duly commissioned and sworn. And further that I am well acquainted with the handwriting of the said Judge and verily believe his name subscribed to the foregoing affidavits and the annexed Certificates of Credibility to be his genuine handwriting. Signature,
Witness my hand & seal of office This 11 th day of Oct. 1838 Jesse Rose CLK

Saugatuck Mich Aug 15-
Pension Dept. Washington D.C. Sir
Will you kindly in- form me what Reg. & Co Capt Benj Loushamme of Tolland Co Conn served in during Revolutionary War He drew a pension for 10 yrs before his death in 1831 at Burlington N.Y.
Any information or suggestion how to get the desired information will be much appreciated Respectfully Yours W. W. Mathes

Saugatuck Mich Aug 30. 98
Comr of Pensions Washington D.C.
Dear Sir
Did Benj Cushman Rev Soldier living at Burlington Otsego Co. N.Y. draw a pension. He died there about 1835-40. hav- ing had pension only the last few years of his life. Born Holland Co. Conn and served there or in Vi-
Any information you can give will be thank fully received
Respectfully Yours W.W. Mather