Revolutionary War Pension and Bounty Land Warrant Application File S. 30975, Murrell Cunningham, Va.

SERVICE
NUMBER
va
Cunningham, Murrell S. 30975
CONTENTS

Kentucky 26.875
Macmill (Springfield) of Hickman Co in the State of Ky who was a 1st Lt in the Company commanded by Captain Crad of the 1st Ky Inf by Col Mason in the War for the for Kentucky
9. No B p 30.00
Inscribed on the Roll of Kentucky at the rate of 30 Dollars & 50 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 23 day of June and July 6 13th for A. S. Hanes (H)
Arrears to the 14th of Oct 34 90.00 Semi-ant. allowance ending 4 Apr 15.00 $105.00
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by J. W. Sprague Clerk, Book 6 Vol. 2 Page 8
order to pay. See letters to J. Tricklin Nov. 11. 1836
Paid at the Treasury under the Act of the 6 April 1838 from 4 Sept 1836 to 4 Sept 1837. Agt Notified 17 July 1838.
Letter to 3 d Auditor 10. July, 1840
Same person 1. Sept 1840
Paid as above from 4 March 1838 to 4 Sep 1839. Agt Notified 11 th Sep 1840
Let to 3 d Audr Dec 18. 1841.
Paid as above from 4 Sep 1839 to 4 March 1841. Agt notified 31 Dec 1841.

M Cunningham 3 hours of 3 mos each
24018
24018

State of Kentucky } S. P.
County of Hickman } S.
On this 5 th day of October
1832 personally appeared in open court before the Honorable
James P. Dixon Judge of the Hickman Circuit court
Murrell Cunningham a resident of the county and state
aforesaid aged 72 years who first being duly sworn according
to law, doth on his oath, make the following declaration, in
order to obtain the benefit of an act of Congress passed June 7,
1832. That he entered the service of the United States, and
served as herein stated, under the following named Officers
Murrell Cunningham states that he was born the 5 th of Nov
1759 in Cumberland County State of Virginia - has no record of his age that in August 1777
entered the service as a volunteer  drafted and was mustered into service
in Buckingham County under Col. Mason Major Logan
Captain John Bate Lieut d Anthony Murray 2 nd Lt Henry
Morris - Marched down the south side of James River
by Richmond to Williamsburg - Was not employed in any
service that brought him in contact with the enemy,
during his tour of three months, when he was discharged -
In January 1781. volunteered again and was mustered
into service in Cumberland County under the command of
Col R. P. Downman, Major Edmonson Capt Erce
Haskins, Lieut d Barnard Guthrie Ensign Evans -
Was engaged in watching the position of the enemy &
scouting from Manchester to Norfolk in which they were
employed about 3 months July of
In the latter part of the same
year drafted under the same officers Captain - Colonel
Henry Skipton, & General Thomas Nelson - Marched then
down the country and when it was expected we should

Capture Cornwallis, he remained at the siege of York until the final Capture of Cornwallis when he was discharged after nothing more than a 3 months tour — He recollects Colonels Downman, Faulkner & Tucker, Captain Holmes Generals Washington, Muhlenburg, Lincoln & La Fayette — He moved from Virginia to Tennessee in the year 1800 where he resided until the year 1830 he then moved to this County where he now lives He lives near Eli White & Samuel Gibson Jacob Dooms & John Dooms who will testify as to his credibility and his character for truth & veracity
He hereby relinquishes every claim to a pension, except the present & declares his name is not on the pension roll of any agency of the United States — Sworn to & subscribed the day & year aforesaid
Murrell Cunningham
We Samuel Gibson a clergyman residing in Hickman County and Binion Ferrell hereby certify that we are well acquainted with Murrell Cunningham who has sworn to & subscribed the following declaration: That we believe him to be the age he represents himself to be viz twenty two years: That he is respected and believed in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion —
Sworn & subscribed to the day & year aforesaid Sam l Gibson Binom Ferrell

and Rezin David, Judge of said Court do hereby declare my opinion after the investigation of the matter and after the putting of the interrogatories prescribed by the war department that the named applicant was a Revolutionary soldier and served as he states and the Court further certifies that it appears to him that Samuel Gibson who has signed the preceding certificate is a clergyman Resident in said County and State and that Burrell Ferriss who has also signed the same is a Resident of said County and State and is a creditable person and this statement is entitled to credit
Rezin David
I Richard Taylor Clerk of the Hickman Circuit Court do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Murrell Cunningham for a pension In Testimony whereof I have hereunto set my hand and seal of office this 7th day of October 1832.
Richard Taylor Clerk By William D Taylor SPC

MS 18
Murrell Cunningham
Kentucky
f 1777 p 9- A 30.
Hon. A. G. Hawes Trusty Nashville Ky

WAR DEPARTMENT,
Pension Office,
May 9 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 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, shewing the Service of Marshall Cunningham Stockman County, State of Kentucky
   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.     Sept 1777 " 3 - privt Capt Bate Col Mason 72 years 2   Vol 1781 " about 3 " " Capt Creed Col Downman Cumberland County Traditionary   draft " 3 comm. " " Capt Creed Col Skipwith Genl Nelson State of Virginia Evidence  
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 place, 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.
1834 1863

State of Kentucky Bickman County
On this 3 rd day of March 1834 personally appeared
In open court before the worshipful county court of said county to wit, C A Daniel John C Taylor Joseph Grady  W P Wright & John Shaw who being Inhabitants of said county court Murrell Cunningham aged 72 years old a Resident of said county and State aforesaid aged 74 years old who first being duly sworn according to law doth on his oath make the following declaration now or an amendment to a former declaration by him made out the 5 th day of October 1832 before the Hon. Regin Davidson Judge of the Bickman Circuit court in order to obtain the benefit of an act of bankrupt passed June the 7 th 1832 That he Entirely served as he has stated In said former declaration is a fact and he also states That he now is old and that by reason of old age and consequent loss of memory he cannot state positively positively to the length of time that he was In the service that now states he served at least 9 months as a Private Soldier under the officers and named in said declaration of the 5 th of October 1832 and that he has no documentary evidence of his services and that he knows no one that can testify to his services but his neighbours knows his standing for veracity to wit the Rev Sam Gibson and Symum Merrill who have testified to his veracity & I have other neighbours to wit John H Siler and others who can testify to the same he further declares his name is not on any pension roll or agency of any state or territory whatever and he hereby

Relinquishes every claim whatever except the Percent Sworn to in Open Court.
Abner Cunningham
and the said Court Propounded the six follow- ing questions to which the said Cunningham made the following subjoined answers:
1 st when and in what year was you born Answer, I was born in Cumberland County State of Virginia on the 5 th of November 1759
2 d have you any record of your age and if so where is it
Answer I have no record of my age or at least none made by my Parents
3 d Where were you living when called into service when have you lived since the Revolutionary war and where do you now live Virginia Answer I was living in Buckingham County the first power of duty the other two was from my native county Cumberland and there I lived until the year 1800 and I moved to Summer County State of Tennessee and there I lived until the year 1830 and then I moved to this county where I now live
4 th How was you called into service were you drafted did you volunteer or were you a substitute and if a substitute for whom Answer I was drafted the 1 st and 2 nd tour and 3 rd I volunteered.
5 th State the names of some of the regular officers who were with the troops when you served such battalions and artillery Regiments as you can recollect and the general circumstances

of your Services
Answer of the Regular army Col. Fletcher Robinson & Tucker capt. Sedus General Washington Mullenburg Lincoln and Lafayette and to the incidents of the campaign I have briefly detailed them as well as my memory serves me in my Declaration of the 5th of October 1832
6th Did you ever receive a discharge from the service and if so what has become of it by whom was it given signed know and what has become of it
Answer I never received a written discharge I was always discharged by my officers or verbally discharged I won't be
Trimble County Kentucky
I John St. Lyle do certify that I am acquainted with Marshall Bunningham and live in the same neighbourhood he does and I believe him to be 74 years of age and he is reputed to be a Soldier of the Revolution and he concurs in that opinion sworn to in open court the day and date above written John H. Syle And the said court hereby declare their opinion after the investigations 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 he states and the said court further certifies that Samuel Gibson who has signed a former certificate of the 5th of October 1832 is a Resident in said county blacksmith and Symund Terrell who signed the same is Resident of said county and state and a creditable and their statements are entitled to credit and John St. Lyle who has signed a certificate attached to the  the  annexed declaration is a creditable person, and

and intitled to credit
John E Taylor J.P.H.C. Col. Daniel J.P.H.C. Mr. Shaw J.P.H.C. J. S. Siler J.P.H.C.
Kentucky Hickman county ss
I Henry L Edmiston clerk of the County Court for the County aforesaid do hereby certify that the foregoing contains the original as well as the amended proceedings of the said Court in the matter of the application of Samuel Cunningham for a pension
In testimony whereof I have hereunto set my hand & seal of Office this 11th day of March 1834 H. L. Edmiston

30975 Rev INVALID.
File No. 30,975
Murrell Cunningham
Rev War
Act: June 7 th 82 nd
Index:—Vol. 9 , Page 98
[Arrangement of 1870.]

Murder Galloway Nov 4
Ke- 26875
J. S. Edwards Esq.
Dear Sir,
Commonwealth of Virginia Franklin City

Lexington Ky 28 th October 1836
Dear
I will thank you to order the agent here to pay the Pension of the within named Mr Cunningham for 2 years to 4 Sept 1836.
Mr C. resides in the lowest County of the state nearly 300 miles from Lexington which may be the cause of his not applying before
Very respectfully your obed Servt Joseph T. Tinklin

Treasury Department,
Second Comptroller's Office,
July 14. 1838.
Sir:
Under the act of the 6th 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," Murrell Cunningham has a Pensioner on the Roll of the Kentucky Agency, at the rate of thirty Dollars and " " cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of Sept. 1836 to the 4 th Sept. 1837
Respectfully, yours,
Abner K. Parris Comptroller
To the Commissioner of Pensions, Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 3 d 1840.
Sir :
Under the act of the 6th 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," Murrell Cunningham, a Pensioner on the Roll of the Kentucky Agency, at the rate of Thirty Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1838, to the 4 th Sept. 1839.
Respectfully yours,
Alfred B. Larrabee Comptroller.
To the Commissioner of Pensions, Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
Dec. 22 d , 1841.
Sir:
Under the date of the 6th 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," Marrell Cunningham a Pensioner on the Roll of the Kentucky Agency, at the rate of Thirty — Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1839, to the 4 th March 1841.
Respectfully, yours,
Almon L. Farris
Comptroller.
To the Commissioner of Pensions,
Present.