Revolutionary War Pension and Bounty Land Warrant Application File S. 18366, Josiah Cumings, Mass.

SERVICE
NUMBER
Mass.
Cummings, Josiah or Cummings
S 18366
Carded
CONTENTS

21. 179
Massachusetts
Josiah Cummings
of Middlesex in the State of Mass who was a private in the Corp commanded by Captain Mear of the Reg commanded by Col. Drea in the Mass line for 18 Mos
South & West
Inscribed on the Roll of Mass at the rate of 60 Dollars Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Aug. 1833 and to the D. Richardson Teynborough
Arrears to the 4th of Ma 'D $ 120 Semi-ant. allowance ending Sept 'D 30 $ 150
Revolutionary Claim, Act June 7, 1832.
Recorded by J. [Signature] Clerk, Book 6, Vol. 2, Page 13
71 Middlesex,

Commonwealth of Massachusetts
Middlesex ss On this twenty fifth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid
Josiah Cummings a resident of Dunstable in the County of Middlesex and Commonwealth of Massachusetts aged sixty nine 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 act of Congress passed June 7. A.D. 1832;
That he entered the service of the United States under the following named officers and served as herein stated.
First that sometime in the month of March in the year 1778 he voluntarily enlisted for three months, went from Dunstable Ms where he then resided and joined the Company to which he belonged on the first day of April in the same year at Bedford Ms - which company was under the command of Capt Moore of said Bedford and belonged to Col Read's Regiment - from Bedford he went to Cambridge Ms, where he continued to do duty as a private in said Company till the first or second day of July in said year 1778 when he was discharged having served the full term of three months the term for which he enlisted - That he received no written discharge - and produces the deposition of John Shad to prove this service
Secondly that sometime in the month of June in the year 1779 he voluntarily enlisted for nine months - left Dunstable in the Commonwealth of Massachusetts where he then resided on the 18 th or 20 th of July A.D. 1779 and arrived at Springfield Ms on the 25 th or 27 th of the same month - was there passed muster - from thence marched to Westpoint and there he con-

tinued to duty as a private for the full term of nine months in Capt Greenleaf's company, Col Suppers Regiment in Gen Patersons Brigade - and was discharged the last of April in the year 1780. - he received a written discharge which he has lost - and produces the deposition of William Harris and Thomas Harris taken some years ago both of whom are now dead
Thirdly - That in the month of July in the year 1780 he voluntarily enlisted for three months - went from Dunstable Ms where he then resided and joined the company to which he belonged on the first day of August A.D. 1780 at Concord Ms, which company was under the command of Capt Zacheus Wright - in which company he marched to the state of Rhode Island and there said company joined Col How's Regiment - and that he continued to do duty as a Private of said company till the first day of November in the year 1780 on which day he was discharged at Providence R.I. - and went home - that he received no written discharge and produces the deposition of Mr Blodgett to prove this service
Fourthly. That at sometime in July or August in the year 1781 he voluntarily enlisted for three months - was ordered to join his company at Marlborough Ms on the first day

of September in the same year - he accordingly left Dunstable Ms where he then resided and arrived at Marlborough on said first day of September - from that place he went to Peter's Kells. The company to which he belonged was under the command of Capt. Toy in Col. Webb's Regiment - and that he continued to do as a private of said company for the full term of three months and was discharged on the first of December A.D. 1781 at Peter's Kells - he received a written discharge the day before he received it after it was dated, and has no other evidence -
He 1781 Sept 1
That he was born in the town of Dunstable in the Commonwealth of Massachusetts on the twelfth day of January in the year 1763. That he now lives in Dunstable Ms and has lived there all his life except when in service as aforesaid. That he is known to Rev. S. N. Lawrence and Dea. John Farnwell -
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 any State. -
Josiah Cummings
Sworn and subscribed The day and year aforesaid
J. P. P. Toy
J. Brooks

We Nathaniel Lawrence a Clergyman residing in the Town of Tyngsborough and John Farwell residing in Tyngsborough aforesaid hereby certify, that we are well acquainted with Josiah Cummings who has subscribed and sworn to the above declaration: - that we believe him to be sixty nine 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. —
Nathaniel Lawrence
John Farwell
Subscribed & sworn to the day & year aforesaid — J.P.P. Ray J. Prob —
And the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogations prescribed by the War Department, that the above named applicant was a revolutionary soldier & served as he states — And the Court further certify, that it appears to them that Nath l Lawrence who has signed the preceding certificate is a clergyman resident in Tyngsborough and that John Farwell who has also signed the same is a resident in Tyngsborough & is a credible person: and that their statement is entitled to credit —
J.P.P. Ray J. Prob
Josiah Cummings case 14060
I Saccatun Register of the Court of Probate in and for the county of Middlesex, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Josiah Cummings for a Pension
In testimony whereof I have hereunto set my hand & seal of Office on the day & year first aforesaid
Saccatun the

Isiah Cummings Map
Parat 18 Month
on Rule Col Zuppers Regs 9 Month sum
16 06 May 26 1833
140 60
P 405
D. Richardson
Typ s & Gough Map

BRIEF in the case of Josiah Cummings Co. of Middlesex in the State of Mass (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     March In 17/8 volunteer private Cap Moore? Col. D. A. A.   June 1779 " " Cap Greenleaf Col. Tappan   July 1780 " " Cap Wright Col. How.   Aug. " 81 " " Cap Hoy. Col. Webb  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Dunstable Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary, Documentary, and four living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attested agreeably to the regulations one witness not certified 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

P
18366
INVALID.
See
File No. 18,366
Isaiah Cummings
Dr Rev Wm
Act: June 7 th 32
Index:—Vol. 1 , Page 87
[Arrangement of 1870.]

Josiah Cummings Mass. S. J. 18. 366.
Provision Return

Springfield December 8 th 1781
Return for prisoners for them here Belonging to Col d Webb's
Regiment { 1st Company 2nd Company 3rd Company 4th Company
By Proctor Secy

Discharge
Isaac Cummings Discharge
Isaac Cummings S.F. 18366 Mass.

Trishill Nov 30 th 1781—
Asah Cummings Sol er in Captain Fays Company Col o Webbs Regiment has served the full term of time For Which he enlisted and is Discharged the service of the United States and has Liberty to pass to Newengland Unmolested to his Usual place of Residence.
Silas Procter Secy
No.

Copy of Record of Isaac Cummings birth
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]

I do hereby certify that according to the Town- records in my possession Josiah Cummings Clerk of this Town was born Jan y 12 th 1763
August 1 st 1832
Francis Fletcher Town Clerk of Dunstable

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by L. Heimer
Claim No. _____
Certificate No. _____
Claimant _____
Soldier Josiah Cummings
Service Rev War
Additional Service. _____
No. _____ claim, State records _____, 190____
No claim, combination records _____, 190____
REMARKS:
No Inv. Recd. or Ref.

14060
Local Examinings
Daniel Richardson Esq. Tyngborough Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Josiah Cummings which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yy V. * Has he mentioned 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yy

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no to the affidavits of John Shedd & Mr. Shadylet
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
QUERE V. 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 they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

I William Harris of Dunstable, of lawful age de- pose & say, that I, with Josiah Cummings, of Dunstable Massachusetts, enlisted as privates in the company of Capt. Greenleaf's Company, of Col. Tupper's Regt. in the month of July A. D. 1779 & we serv d to- gether in said company for nine months & were discharg d together in April A. D. 1780 at West- Point - said Cummings was with me in said company the whole of o r time, & we serv d to- gether in what was generally call d the nine month service against the common enemy in the Revolutionary War - and I have no in- terest in making this statement William Harris
State of New Hampshire -
Hillsborough. ss.
Sept. 21. 1819
Then the above nam d William Harris personally appearing made Solemn Oath, that the above Affida- vit by him subscrib d is just & true.
Before Dan t Abbot Jus. Peace
I further state, that said Harris is a credible Witness & confidence may be plac d in his attestation. -
Dan t Abbot Jus. Peace

State of New Hampshire Hillsborough ss
In testimony that Daniel Abbot Esgin is an acting Justice of the Peace within & for the county of Hillsborough aforesaid & that the name said Abbot subscribed to the within certificate is his signature & hand writing I have hereunto set my hand & affixed the seal of the Superior Court of Judicature of the State of New Hampshire of which I am clerk for said county this second day of November in the year of our Lord one thousand eight hundred & nineteen —
French
Wm Farris Dept

John Shea Dept remit Josiah Cummings care

I John Shed of Hollis in the State of New Hampshire - shire aged twenty two years do testify and say that in the year seventeen hundred and seventy eight I served three months at Cambridge in the company commanded by Capt Moore of Bedford in Col Reads Regiment in the army of the Revolution and I will remember that Josiah Cummings now and then of Dunstable Me and who is now present before me served in the same said company with me the whole of said three months. I have always been acquainted with said Cummings and know him to be the same Cummings who served with me and that he did perform said service.
John Shed
Commonwealth of Mass
Middlesex ss. August 1. st A.D. 1832 Be it known that on this said first day of August A.D. 1832 personally appeared John Shed before me Daniel Richardson one of the Justices of the Peace within and for the county of Middlesex aforesaid and made oath that the above affidavit by him subscribed contains the truth the whole truth and nothing but the truth and I certify that said Shed is a credible witness Daniel Richardson Justice of the Peace
Commonwealth of Massachusetts
Middlesex ss
I Isaac Fiske Register of the Court of Probate in and for said County of Mid- dlesex hereby certify that Daniel Richardson whose own proper signature is set to the above certificate was at the date of said Certificate & now is a Justice of the Peace within said County. In testimony whereof I have hereunto set my hand and affixed the seal of said Court this fifth day of June in the year of our Lord one thousand eight hundred and thirty three. Isaac Fiske

M rs Blodgett's Depo respecting Isaiah Cummings case
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page]
[Faint handwritten text on the left margin, possibly a date or name]

I William Blodgett of Syngsborough Ms. do hereby testify and say that sometime in the month of July A.D. 1780 I enlisted in the service of the United States in the Revolutionary Army for three months in the company under the command of Capt Wright in Col Howes Regiment that I served out the full term of three months in said company and I do testify and say that Josiah Cummings then and now of Dunstable Ms and who is now present before me and whom I then and now will know - did serve in the same company with me for the full term of three months - Wm Blodgett
Commonwealth of Massachusetts Middlesex ss. August 7. 1832. Personally appeared William Blodgett and made oath in due form of law to the truth of the above affidavit by him subscribed Before me Daniel Richardson Justice of the Peace
and I do hereby certify that I am well acquainted with the above William Blodgett and that he is a credible witness Daniel Richardson. Jus. Peace
Commonwealth of Massachusetts
Middlesex ss.
I Isaac Fiske Register of the Court of Probate in and for said County of Middlesex hereby certify that Daniel Richardson whose own proper signature is set to the above certificate was at the date of said certificate and now is a Justice of the Peace within said County the testimony whereof I have hereunto set my hand & affixed the seal of said Court this fourth day of June in the year of our Lord one thousand eight hundred and thirty Three. — I also certify that the papers hereto annexed contain the original proceedings of said Court in the matter of the application of Josiah Cummings for a pension Isaac Fiske By

I Thomas Harris of Bedford of lawful age depose & say, that I serv d in Capt. Greenleaf's Com- pany in Col o Tupper's Reg t with Josiah Cum- mings of Dunstable, Massachusetts; that we serv d together nine months, in what was com- monly call d the Nine months service in the Revolutionary War against the common enemy - that we were disch d at the same time at West Point & left the Army & came home together, in the year A.D. 1780 - and I have no Interest in making the foregoing statement - Attest Dan t Abbot Thomas his Harris mark State of New Hampshire -
Hillsborough s.s. }
Sept. 21. 1819 } Then the above nam d Thomas Harris personally appearing made solemn Oath to the truth of the foregoing affidavit, subscrib d by his mark - I state further that said Harris is a credible witness & confidence may be placed in his attestation -
Dan t Abbot Jus. Peace -

State of New Hampshire Hillsborough ss.
In testimony that Daniel Abbot Equine is an acting Justice of the Peace within and for the county of Hillsborough aforesaid & that the name Danl. Abbot subscribed to the within certificate is his signature & hand writing I have hereunto set my hand and affixed the seal of the Superior Court of Jurisdiction of the State of New Hampshire of which I am Clerk for said county this second day of November in the year of our Lord one thousand eight hundred & nineteen
French
Thos. Harris.
Deputy.