Revolutionary War Pension and Bounty Land Warrant Application File W. 3518, Asa Cummings, Mass.

SERVICE
NUMBER _____
Cummings, Ira Lydia
W 3518
CONTENTS

18.164 Name
Letter to 3 d Auditor 22 May 1839.
Asa Cummings of Albany in the State of Maine who was a Private in the Company commanded by Captain Brown of the Regt. commanded by Col. Wade in the Mass. and fine for 8 mos 21 ds.
Paid at the Treasury under the Act of the 16 th April 1838 from 4 th Sept 1837 to 4 th Sept 1838. Age Notified 16 June '39
Inscribed on the Roll of Maine at the rate of 28 Dollars 98 Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 26 day of July 1833 and sent to C. Whitman Esq. - Waterford
Arrears to the 4 th of March 1833 $ 57.96 Pension allowance ending 4 th Sept. - 14.49 $72.45
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 1 Page 9
Pay

1123 Maria Sydia Cummings nee widow of Asa Cummings who served in the Revolutionary Maf war, as a Pirate
Inscribed on the Roll at the rate of 28. Dollars 98,
Cents per annum, to commence on the 4th day of March, 1848 glued March 18 th 1833 Certificate of Pension issued the 10 th day of April 1834 and sent to
Viad Joy Orion New York
Recorded on Roll of Pensioners under act July 29, 1848, Page 3, Vol. A
32

9057 — Asa Cummings 12 th Apr 1833 Obt 14. 16
P. 333
26. 66 2. 31 28. 97
Home 8 mos 21 days Off 28. 98 Colwhittan Esq. Waterford Me
Glasgow Albany Oxford Co Me

BRIEF in the case of  Asa Cummings  of  Albany  in the State of Maine.  (Act 7th June, 1832.)
 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? 76 years  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.     Aug In 1777 4 15 Private Gen. John Colborne   July - Aug 1777 6 " Col. Brann Col. Wall   July 1779 6 " Major General M'Intosh  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Andover, Maine  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? By a living witness  8. Are the papers defective as to form or authentication? and if so, in what respect?  The papers are not attached together as required 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
x a living witness
Richard Couthy  Examining Clerk.

Commonwealth of Massachusetts
Town Clerks Office Andover March 11 th 1853
I, the subscriber, do hereby certify that it appears by the Registry of Marriages of said Andover that Asa Cummings married Lydia Holt May twenty fifth one thousand seven hundred and ninety seven -
The record is in the words and figures following viz - "1797 May 25. Mr. Asa Cummings & Miss Lydia Holt both of Andover" Attest Jonathan French Pastor of the church in the South Parish of Andover" Henry Osgood } Town Clerk of the Town of Andover
I, Henry Osgood above named, depose and say that I hold the office of Town Clerk of the Town of Andover in the County of Essex and Commonwealth of Massachusetts; that I am the keeper of the Registry of Births, Marriages and Deaths in said Andover and that the above is a true extract from the records of Marriages in said Andover as certified by me
Henry Osgood } Town Clerk of Andover
Commonwealth of Massachusetts
Essex ss. Andover March 11 th 1853 The above named Henry Osgood appeared and made oath to the truth of the above certificate by him subscribed Before me Wm Johnson Jr. Justice of the Peace

Noa Cumming Application for a No 9057 Pension

STATE OF MAINE.
COUNTY OF Oxford ss.
ON this 24th day of August A. D. 1832, personally appeared in open Court, before the Court of Probate now sitting, Asa Cummings a resident of Albany — in the county of Oxford — and State of Maine, aged 71 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. He served as a
Soldier in Capt. Johnson Company, Col. Johnson Regiment Massachusetts Militia at the capture of Burgoyne in 1777. He began his march in Andover, Essex County, Massachusetts when he intended was drafted, he does not remember which in July or August of that year. He marched through Concord and North Hampton in Massachusetts to Bennington where he arrived some after the fight. He then was marched to Pickett where he tarried a few days and then ordered to Skeneateles where he made no stay but turned back in haste and went down by the North River to Stillwater and crossed the river in the night on a floating bridge some days before the battle at Stillwater. He was not in that battle, but on a picket guard not far from the battle ground. He followed the enemy to Saratoga and when they were marched off to Cambridge, he set out for Albany New York. After carrying to this place a few days, they went down the North River a part of the way by land and a part by water to White Plains where he staid the most of the time till he was discharged. He is unable to state the precise term of his service at this campaign, but his impression strongly is that he was engaged four and an half months .
In July or August 1778 he was again called out at Yaphank in said County of Essex to go to Rhode Island for a term of six months . During this term he was a soldier in Capt. Brown Company, Col. Mades Regiment Massachusetts Militia. He was at said Rhode Island when Gen. Sullivan made his retreat from said Island.
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, the day and year aforesaid.
s.
Asa Cummings
Before
Stephen Emery, Judge

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 applicant was a revolutionary soldier, and served as he states. Said applicant being well known to the Court as a person sustaining a good reputation for truth & veracity, & adducing in corroboration of his own declaration, the deposition of Samuel Hood on oath duly administered, and the certificate of Thomas Ayer, a Clergyman of said Albany, & of Parsons Haskell, credible persons, on oath duly administered, it being inconvenient for said persons to appear personally in Court.
Stephen Emery, Judge
I Joseph G. Cole Register Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Asa Cummings for a pension.
IN testimony whereof, I have hereunto set my hand and seal of office this sixth day of August A. D. 1832.
CERT.
Joseph G. Cole Register

He was then marched to Fort Grinnell where he remained until his term of service expired when he was regularly discharged -
Some time in the month of January 1879, according to his best recollection he was discharged  discharged  discharged having served the term of six months and he will recollect carrying some time after his regiment was discharged to take care of a sick soldier in —
He further states that after much inquiry he has been unable to procure further proof of his service than the affidavits of Samuel Root now dead he now knows of any person living by whom he can prove more -
He was born in Lopsided aforesaid the 18 th Sept 1759 - He knows of no record of his age - He lived in Andover Massachusetts when first called into the service - and at said Andover, Lopsided and Albany ma ine since - The first time he entered the service he was drafted - The second he was a substitute and - he does not recollect for whom - He had no written discharge -

Declaration Law of 29th July 1848
State of Maine
County of Oxford ss On this 21 st day of March 1854 personally appeared before the Court of Probates in and for said County and State Herman Cummings of Albany in said County & State who first being 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 on the 29th day of July 1848 granting pensions to widows of persons who were pensioners, or served in the war of the Revolution - That this deponent is a child of Asa Cummings deceased late a pensioner, & of his widow Lydia Cummings, that the said parties were married as this deponent believes on the 20th of May 1897 that the said Asa Cummings died on the 22 nd day of February 1845 leaving his widow Lydia Cummings, who remained his widow & died a widow on the 18th day of March (March) 1853 leaving at her death the following named children her surviving & who still survive, being her only children her surviving and that each of them is over the age of twenty one years to wit Lydia Wheeler, Mary Merrill Sophia Hutchinson, Stephen Cummings Leonard Cummings and Herman Cummings - Herman Cummings Sworn and subscribed before me Timothy Ludden Judge This 21 day of March AD 1854
I certify that Herman Cummings above named is a respectable person - I further certify that I have no part, or hand in the agency of the above mentioned case Timothy Ludden Judge

State of Maine
County of Oxford ss I Timothy Suddew Probate Judge of in and for the said county and district, do hereby certify that at a court holden before me in my office in Paris satisfactory proof was then and there exhibited that Asa Cummings a pensioner died on the 22 nd day of February 1845 leaving his widow Lydia Cummings who remained his widow till her death and that she died a widow on the 18 th day of March 1853 leaving at her death, & who still survive her the following named children, being her only children, and that each of them is over the age of twenty one years to wit Lydia Wheeler. Mary Merrell Sophia Hutchinson Stephen Cummings, Leonard Cummings & Hermon Cummings
I further certify that Hermon Cummings one of the said children made the declaration on the first page of this sheet, and that he has been appointed Administrator of the estate of his said mother the said Lydia Cummings and that he is duly qualified to act as such, that he has given approved bonds for two hundred dollars
The proof that was satisfactory to the said court is herewith attached - I further certify that I have no part, or hand in the agency of this case
In testimony whereof I have herewith set my hand and affixed my official seal this 21 day of March 1854
Timothy Suddew Judge

Rev WIDOW, &c.
File No. 3518
Lydia Cummings. Widow
Asa Cummings, Pr. Br. War.
Act: July 29. 1848.
Index:—Vol. a , Page 160
[Arrangement of 1870.]

9 April Pension Office
$28.98
April 6, 1854
Lot 22 Sec 45
Sir Please give me the date of death of the within named Asa Cummings, and state to whom the arrears were paid.
Very respectfully
S. Hale
for Commissioner
Fort Point Coy 32 and 33
Died 22 Feb. 1845.
Paid in full at $28.98 per annum.
F. Buck
Auditor

5 Asa Cummings • Pension of Maine Law of 1832
from Abad Joy

Power Copy alleged service

State of Maine COUNTY OF Oxford } ss. Herman Cummings — being duly sworn according to law, deposes and says that he is a child — of Lydia Cummings Vasa Cummings — deceased, to whom a pension was probably due, & who was not an applicant for a pension from the State of Maine that this deponent is directly interested as one of the claimants in said claim.
A. L. Burbank J. Burbank
Herman Cummings
Sworn and subscribed before me this 23 day December 185 3 and I do hereby certify that the said Herman Cummings — is a respectable person, and that I have full faith in the truth of the above statement sworn to by him as being directly interested in said claim.
Jedediah Burbank Justice of The Peace
Know all Men by these Presents, That I Herman Cummings a child of Lydia Cummings — deceased, to whom a pension was probably due, was not an applicant for a pension from the State of Maine — do hereby constitute and appoint ARAD JOY, of Ovid, N. Y., my true and lawful attorney for me and in my name as one directly and personally interested, as also for and in behalf of all others interested in the claim or application for a pension as above mentioned.
Witness my hand and seal, this 23 day of December 185 3
SEALED AND DELIVERED IN THE PRESENCE OF
A. L. Burbank J. Burbank
Herman Cummings
STATE OF Maine County of Oxford } Be it known that on the 23 day of December 185 3 before the subscriber, a Justice of the Peace in and for said County and State, duly authorized by law to administer oaths and take acknowledgements, personally appeared Herman Cummings above named, and duly acknowledged the above Power of Attorney and affidavits to be his act and deed.
In testimony whereof, I have hereunto set my hand the day and date above mentioned.
Jedediah Burbank Justice of The Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, March 14 1853
I hereby Certify, That on the twenty third of January eighteen hundred and fifty two, -- William Johnson L. was appointed for the term of seven years a Justice of the Peace for the County of Essex
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. B. Dingley Secretary of the Commonwealth.

State of Maine
County of Oxford ss.
John Hunt, Samuel P. Haskell being duly sworn according to law depose and say that they were personally acquainted with Asa Cummings a person deceased, and with his wife Lydia and their family, these deponents further depose and say that the said Asa Cummings died on the 22 d day of February 1845 leaving his widow Lydia Cummings and that she remained his widow, and died his widow, on the 18 th day of March 1853 leaving at his death, & who still survive her the following named children her surviving, being her only children her surviving and that each of them is over the age of twenty one years, to wit, Lydia Wheeler, Mary Merrill, Sophia Hutchinson, Stephen Cummings, Leonard Cummings and Harmon Cummings.
Subscribed & sworn before me John Hunt, Samuel P. Haskell this 20 th day of March 1854 A. J. Bean Justice of the Peace
I certify that the above named John Hunt & Samuel P. Haskell are respectable persons, worthy witnesses & are residents of Albany in the said County of Oxford Maine.
I further certify that I have no hand in the agency of this case A. J. Bean Justice of the Peace

State of Maine, Oxford County, ss:
I the subscriber, Register of the Court of Probate, within and for said County of Oxford, it being a Court of Record, hereby certify that Timothy Sudden, whose genuine signature is affixed to the foregoing declaration of Herman Cummings, and the certificate herewith enclosed, is Judge of said Court, and that full faith and credit are due to his acts as such.
In testimony whereof I have hereunto set my hand and the seal of said Court, this twenty- first day of March, in the year of our Lord, one thousand eight hundred and fifty four.
W m M c Naughton, Register of Probate.

Washington D.C April 3 rd 1854
Sir
I inclose declaration &c. in the case of Lydia Cummings deceased, I inclose record proof of marriage
Please address me at Quid Nunc?
Most Respectfully
Your Ob st Serv t
Abad Joy
Hon L. P. Waldo
Court of Pensions
Proof of her being the widow, may be found in 3 rd Adm l office, if the draw balance at her husband's death

Thos. Ayers P. Haskell Affidavit

We, Thomas Ayer, a clergy man residing in the Town of Albany, County of Oxford and State of Maine and Parsons Haskell of the same Town do hereby certify that we are well acquainted with Dea. Aaron Cummings, who has subscribed and sworn to the above declaration; that we believe to be 71 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 —
Thomas Ayer, Parsons Haskell
State of Maine
County of Oxford ss. On this 13th day of August A.D. 1832 personally appeared the above named Thomas Ayer & Parsons Haskell and made oath to the truth of the foregoing affidavit by them subscribed —
Before me Aaron Cummings Justice of the Peace

STATE OF MAINE.
OXFORD COUNTY, ss.
I, RUFUS KING GOODENOW , Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that Saron Cummings
whose genuine signature is annexed to the foregoing Deposition of Thomas Ayer & Saron Cummings is a
Justice of the Peace in and for said county of Oxford.
In testimony whereof I have hereunto set my hand and affixed my seal of office, this 28 th day of August in the year A. D. 1822
RK Goodenow
{ Clerk of Oxford County Courts.

Sydia Cummings decd, widow of Asa Maine
Act July 29, 1848
Admitted at $28 \frac{98}{100}
per annum (rate of Asa's pension) from March 4, 1848 to March 18, 1853, when she died.
Certificate payable to Herman Cummings, her adm. for benefit of himself
Sydia Wheeler
Mary Merrill
Ephraim Hutchinson
Stephen Cummings &
Leonard Cummings, her only surviving children.
Agent Abel Jay Orville New York.

Brief in the case of Lydia Cummings dead widow of Asa - Albany County and State of New York Maine act July 29. 1848
Claim, ("original," or " for increase ")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Asa Cummings, of Albany, was pensioned under the act of June 7. 1832 at $28 95 died Feb 22, 1845.
Marriage - May 25. 1797 - Town records of Hoback Andover, Mass - the same town from which he was drafted.
Widow hood - death of widow, March 18. 1859, and names of surviving children and administrator. proved (If for increase.) by parole and certified.
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
Arad Joy Ovid
J. G. Dodge Examining Clerk.

TREASURY DEPARTMENT,
Second Comptroller's Office,
May 25, 1839.
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," Asa Cummings, ————— a Pensioner on the Roll of the Maine Agency, at the rate of twenty eight Dollars and ninety eight Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept., 1837, to the 4 th Sept., 1838,
Respectfully, yours,
William H. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

Certificate of Sec'y of State of Mex -
[Faint mirrored text from the reverse side of the page]
[Faint mirrored text from the reverse side of the page]
[Faint mirrored text from the reverse side of the page]
CONGRESO DE MEXICO

Commonwealth of Massachusetts.
Secretary's Office, May 11 th , 1833.
* hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Asa Cummings, as a private, is found on a Pay-Roll of Captain Samuel Johnson's Company, in Col. Johnson's Regiment, having engaged August 14, 1777, and being discharged November 30, 1777, - where he is allowed, for service and travel, four months.
m. d. 4 00
The name of Asa Cummings is found on a Pay-Roll of Capt. Simeon Brown's Company, in Col. Nathaniel Wade's Regiment, having engaged August 15, 1778, on service at Rhode-Island, - and where he is allowed four months and twenty-one days.
4 00 21
8 00 21
End.
Edward D. Bangs Secy

asa Cummings
Watson Charles Whitman for Clarence Albany Oxford Co. Me

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of as a Cummins Abner Maine which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes 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? yes 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? He should mention his Colonel in the last town VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes 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? yes

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? No - see Quere 14 Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes 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? yes XVI. ‡Are the papers authenticated as the regulations direct? No - see Quere 15 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 shewn 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.
In this Applicant's declaration an essential mistake occurred in hastily transcribing from App't's minutes an account of his services and which was not perceived by him on being read by the Judge — There was no third term of service — The app't intended to state the time when he was discharged from the his second term and some additional circumstances relative to it — By examining the certificate of the Magistrate before whom Samuel Hood's affidavit was taken it will be seen that he did certify as to the credibility of the witness — The paper it is believed an improperly authenticated — The certificate of the Sec'y of War as to the length of service is now for the first time forwarded. A discrepancy will be perceived in the evidence as to the length of service — It must be reconciled by your Department — The applicant desires the papers forwarded to me —  Watson Me May 20 1833 L. Whitman

I Samuel Hood of Topsfield County of Essex and State of Massachusetts do on oath testify, That I am well acquainted with Asa Cummings esq r formerly of said Topsfield now of Albany in the State of Maine and I know that he enlisted in the summer of seventeen hundred and swen-ty eight to serve in the revolutionary war, for the term of six months and that he served as a private in Captain Simeon Brown's company of foot, in Colonel Nathaniel Wade's Regiment of Massachu-setts Militia that said Regiment was station-ed in the State of Rhode Island and that said Cummings completed the service for which he enlisted: I also served in the same company the same term -
Sam l Hood
State of Massachusetts
Essex ss. August 4 th 1832. Then the above named Samuel Hood who is a credible and disinterested witness subscribed and made oath to the above written affidavit.
Before me: N. Cleveland Just. of Peace & Quorum

Commonwealth of Massachusetts. Essex ss.
I John Prince jr. Clerk of the Court of Common Pleas being a Court of Record in said County do hereby certify that Nehemiah Cleaveland is a Justice of the Peace & Quorum within & for said County and that I believe his signature within is genuine.
Witness my hand & the seal of said Court at Salem August 6th 1832.
John Prince Clerk.
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