Revolutionary War Pension and Bounty Land Warrant Application File S 21,724, Charles Cushing, Mass.

SERVICE
NUMBER
Mass
Cushing Charles.
S 21.724
CONTENTS

15-707 Rhode Island
Charles Cushing
of Providence in the State of Rhode Island who was a Private in the Company commanded by Captain Follows of the Regt commanded by Col. Jacobs in the Mass. line for 10 months
Inscribed on the Roll of Rhode Island at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18th day of July 1833 and sent to Charles Cushing Providence R.I.
Arrears to the 4th of March 1833 $61.66 Semi-annual allowance ending Sept. 1833 16.67 $83.33
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H.H. Addison Clerk, Vol. 2a Page 104

Chas Cushing 18891
Revolutionary war the - Revolutionaries, I do not know for how long time George Beverly

UNITED STATES OF AMERICA.
Rhode-Island District, sc.
County of Providence
On this 20 th day of August A. D. 1882 personally appeared in open Court, being a special District Court of the United States within and for said District, now in session— Charles Cushing a resident of Providence in the County of Providence and State of Rhode Island aged 68 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, viz.
That he entered the service of the United States under the following named officers, and served as herein stated.
He was born May 23 rd 1784 in Rehoboth Mass. which he is there  recorded  in the family bible lived there when he entered the service of the War has lived mostly in Rehoboth & for several years past  when he remained to Providence where he now resides and this applicant further states that in April 1778 he enlisted for eight months as a private in Cap Jacob Fullens company & Col Joseph Jacobs regiment of Massachusetts Militia & served the whole time at Fall River & Tiverton & was in Sullivan's expedition and this applicant further states that in July & August 1778 he served as a substitute & private one month at Providence in Cap Joseph Franklin company of Massachusetts Militia and this applicant further states that in February 1781 he served as a substitute & private one month at Newport in Cap John Whipple's company of Rhode Island Militia whose enlistment & c he served out and was honorably discharged but never had a matter discharge
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.
Attest B. Clancey Clk
Charles Cushing
I George Beverly of Providence in the State of Rhode Island &c. aged 64 years & sworn according to law before me say that sometime in the year 1781 my father was drafted to serve in the Revolutionary army in what company I do not remember but I well remember that he got Charles Cushing now of said Providence an applicant for a pension for services rendered by him in the Revolutionary War to go as his substitute for how long time I do not now recollect
George Beverly
I
August 20 1881
Sworn to in open Court
B. Clancey Clk

No 18891
Charles Cushing Providence County Rhode Island
To Worth 10 Months
B. Lowell Providence Rhode Island

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 Charles Cushing Providence County R Island
   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.     Enlisted 1778 Apr. - 8 - private Capt Fellows Col Jacobs Sullivan's Expedition { Fall River & Taunton { 68 years Rehoboth Massachusetts traditionary & living witnesses - no documentary papers not properly attested   Sub - 1779 July & Aug { - 1 - private Capt Franklin - Providence   Sub - 1781 Feb. - 1 - private Capt Whipple - Newport  
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 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 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.
[k] The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [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.

Copied E. E. Luke's hist. 6/19/30 August 25, 1939.
XXXXXXXXXXXXXXXXXXXX
Mrs. Sarah P. Hoffman 530 South Clinton Street Iowa City, Iowa
BA-J/ att Charles Cushing S. 21724
Dear Madam:
Reference is made to your letter relative to Charles Cushing, a soldier of the Revolutionary War.
The data contained herein were obtained from the papers on file in pension claim, S. 21724, based upon the military service in the Revolutionary War of Charles Cushing.
Charles Cushing was born May 23, 1764, in Rehoboth, Massachusetts. The names of his parents are not shown.
While a resident of Rehoboth, Massachusetts, Charles Cushing enlisted in April, 1778, served eight months as private in Captain Jacob Fuller's Company, Colonel Joseph Jacob's Massachusetts Regiment and was in General Sullivan's Rhode Island Expedition. He enlisted in July or August, 1779, and served one month as private in Captain Joseph Franklin's Massachusetts Company. He enlisted in February, 1781, and served one month in Captain John Whipple's Rhode Island Company.
After the Revolution he lived in Rehoboth and Seekonk, Massachusetts; then moved to Providence, Providence County, Rhode Island, of which place he was a resident when he was allowed pension on his application executed August 20, 1832.
There are no family data.
In order to obtain the date of last payment of pension, the name of person paid and possibly the death date of soldier, you should apply to the Comptroller General, General Accounting Office, Records Division, Washington, D. C., and cite the following data: "Charles Cushing, Certificate No. 15707, issued

July 18, 1833, rate $33.33 per annum, commenced March 4, 1831. Act of June 7, 1832, Rhode Island Agency".
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Anthony ce Ills
Resolution
21724 INVALID.
File No. 21,724
Charles Bushing
Rev Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 93
[Arrangement of 1870.]
Apr 25 '98 Mrs Alfred A Kewan
1930 - June 11 - Hist. to Mary Purcell-ELL
1939 Aug. 25. Hist to Mrs. Sarah R Hoffman copied B.E. Lusk.

Apr 8 th
7
(X)
Sir
My Grandfather Charles Cushing was a Soldier in the war of the revolution. He was the son of Leavitt Cushing. He was born in the town of Rehoboth. Disbanded Mass, he enlisted when he was nearly forty years old and always I suppose he joined one of the Massachusetts Regiments. Will you please look up, and certify to the facts of the claim. I wish to join the daughters of the revolution, and oblige
Yours Respectfully
Mrs Alfred Anthony
Kewanee Henry Co Ills

I Oliver Tilton of Providence in the State of Rhode Island &c aged 73 years sworn according to law depose and say that Charles Cushing of Providence an applicant for a pension for services rendered by him in the revolutionary war served with me as a private in the year 1778 in a Company of State Troops commanded by Capt. Jacob Fuller said Company was attached to Col Joseph Jacobs Regiment of Massachusetts Militia and were stationed at Fall River and Tiverton and was in Sullivan's expedition then said Company after our term of service expired said Cushing was honorably discharged. For the last 30 years during frequent conversations with said Cushing I have heard him say that he served as a substitute and repeatedly that he served as a substitute in private for one month in Capt. Joseph Franklin's Company of Massachusetts Militia in the year 1779 also that he served as a substitute in the year 1781 for one month in Newport in Capt. John Whipple's Company of Rhode Island Militia.
Oliver Tilton I further say that said Cushing was with me & served as a soldier eight months while we belonged to Capt. Tuthill's Company -
August 20 1852
Oliver Tilton
Sworn to in open Court
Benjamin Cowell Clk
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 George Beverly and Oliver who has signed the preceding certificate, is a Clergyman, resident in the  Tilton who have testified for and that said applicant are  who also signed the same is a resident in the as they state and are credible persons and that their statement is entitled to credit.
I, BENJAMIN COWELL, Clerk of said District Court, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Charles Cushing for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 19 day of November 1852
Benjamin Cowell Clk

Kewanee, Ill.
March 28-1930.
U. S. Commissioner of Pensions, Washington, D. C.
Dear Sirs:- Will you please inform me if Charles Cushing of Rehoboth, Mass. drew a pension and if so please send me his record as I am desirous of becoming a member of the Daughters of the American Revolution.
Thanking you for prompt reply,
Sincerely,
Mary Pursell.
212 -S. Tremont St.

6-4-1939
Veterans Administration Washington, D.C.
Sirs:
Will you kindly give me all information available from your Revolutionary War records of the service during that War of Charles Cushing of Rehoboth, Mass. ?
He was born in 1764, enlisted from Rehoboth and died in 1832 at Providence, Rhode Island.
Charles Cushing applied for a pension August 20 1832---which was allowed.
Thanking you for this courtesy, I am
Very truly yours,
Sarah Paine Hoffman
Mrs. Sarah Paine Hoffman 530 S. Clinton Street
Iowa City, Iowa

Rev. & 1812 Wars Section
ERL:MLB
June 10, 1930
Mary Pursell 212 S. Tremont Street Kewanee, Illinois
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 21724, it appears that Charles Cushing was born March  May 23, 1764, in Rehoboth, Massachusetts.
While residing in Rehoboth, Massachusetts, he enlisted in April, 1778, served eight months as a private in Captain Jacob Fuller's Company, Colonel Joseph Jacob's Massachusetts Regiment and was in General Sullivan's Rhode Island Expedition.
He enlisted in July or August, 1779 and served one month as a private in Captain Joseph Franklin's Massachusetts Company.
He enlisted in February, 1781 and served one month in Captain John Whipple's Rhode Island Company.
After the Revolution he lived in Rehoboth and Seekonk, Massachusetts; then moved to Providence, Providence County, Rhode Island, of which place he was a resident when he was allowed pension on his application executed August 20, 1832.
There are no data as to family.
Very truly yours
Date of death not on KB
E. W. MORGAN Acting Commissioner