Revolutionary War Pension and Bounty Land Warrant Application File S. 29,738, Elijah Cummings, Mass.

SERVICE
NUMBER
Mass
Cummings, Elijah
S 29,738
CONTENTS

Order to pay & letter to be sent Stone 20 Jan'y 1838
Paid at the Treasury under the Act of 6 April 1838 from 4 th March 1836 to the 4 th Sept 1837 Agent notified 30 May 1838
Paid as above from the 7 th to the 27 th March 1842. Agent Notified 28 Sep 1844. Decd.
10659 Massachusetts
Elijah Cummings of Springfield in the State of Mass who was a Private in the Company commanded by Captain Burns of the 1 st Regt by Col. Dade in the Mass time for 9 months
Inscribed on the Roll of Massachusetts at the rate of 30 Dollars ~ Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 18 th day of April 1835 and Sept Wm G Spencer Nottingham Mass Arrears to the 4 th of March 1835 $60.00 Semi-ant. allowance ending April 1835 15.00 $75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by AKG  Adison Clerk, Book 2 Vol. 2 a Page 10

State of Massachusetts } County of Essex } ss. On this fourteenth day of August in the year 1832 personally appeared in open court before Daniel A. White Esquire Judge of the Probate Court in and for the County of Essex in the State aforesaid now holden at Salem in said County Elijah Cummings resident of Topsfield in the County and State aforesaid aged almost seventy one years, who being first sworn according to law, doth on his oath make the following declaration in or- der to obtain the benefit of the act of Congress passed June 7 th 1832 - That he served under the following named officers as hereinafter stated - That early in July in the year 1778 he enlisted as a soldier into Captain Simonds Browns Company of Foot in Colonel Nathaniel Wade's Regiment of Massachusetts State Troops for the term of six  six months and forthwith marched to Rhode Island and joined the army under the command of Major General John Sullivan and continued in said service in the said State of Rhode Island until his term of enlistment expired in January 1779 - and he further states, that in the month of July in the year 1780 he enlisted into Captain Benjamin Goulds Com- pany of Foot in Col. Nathaniel Wade's Regiment of Massachusetts State Troops for the term of three months and marched to Hudson River in the State of New York and was stationed at several points on said River - the greatest part of the said term the Regiment was stationed at West Point under the command of Maj. General Arnold - and he further states that while he was stationed at West Point General Arnold deserted the American service, after which the command devolved upon Col. Wade -

and he further states that he served out the whole term of three months and that both terms of service as above set forth amount in time to Nine Months -
and in further proof of the above services he refers to the affidavits hereto annexed and he hereby relinquishes any claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of any state - Subscribed & sworn to the day & year aforesaid } D. H. Merrill Elizabeth Cummings
And on the day & year and at the place aforesaid the said Court pronounced the interrogatories set forth in the instructions of the War Department to the said Elizah Cummings, who, on his oath aforesaid, in open court did make answer as follows, to wit -
I. To the first interrogatory he answers - That he was born in the town of Topsfield in the year 1761, 24 th September. II. To the second interrogatory he answers - That there is no record of his age excepting a minute in the Family Bible of his late Honored Father and which said Bible is now in his possession - III. To the third interrogatory he answers - That he was living in Topsfield aforesaid when called into service and has lived in the same town ever since the revolutionary war - IV. To the fourth interrogatory he answers - That he was a volunteer - V. To the fifth interrogatory he answers - That he has stated all the circumstances connected with his service, the names of the officers under whom he served as particularly in the

declaration which he has above subscribed as he can recollect.
V. To the sixth interrogatory he answers - That he never received any written or printed discharge -
VII. To the seventh interrogatory he answers - That he is known to the Hon. Mehemiah Clearland and Samuel Hood both of Topsfield aforesaid.
Sworn to & subscribed the day & year aforesaid D. D. Price
Ebenezer Cummings
We Mehemiah Clearland and Samuel Hood residents of Topsfield aforesaid in the absence of the claimant do hereby certify that we are well acquainted with Elijah Cummings who has subscribed and sworn to the above declaration. That we believe him to be almost seventy one years of age. That he is reputed and believed in the neighborhood where he resided to have been a soldier of the Revolution and that we concur in that opinion.
Sworn to & subscribed the day & year aforesaid D. D. Price
M Clearland
Sam. Hood
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 stated. And the court further certifies that it appears to them that Mehemiah Clearland & Samuel Hood who have signed the the preceding certificate are residents of Topsfield aforesaid and are credible persons and that their statements are entitled to credit.
D. D. Price Judge of Probate

I Nathaniel Lord junior Registre of the Court of Probate for the County of Essex aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Eliza Cummings for a pension -
In testimony whereof I have hereunto set my hand & seal of office this fourteenth day of August 1832. And I do further certify that Rebecca Deadland before whom the annexed affidavits were taken is a justice of the Peace and of the Quorum and the signature at the foot of said affidavits is in the probate handwriting of the said Deadland and is a genuine signature. In testimony whereof on the day last aforesaid I have subscribed my name and affixed my seal of office -
Nath. Lord Jr.
Signed and sealed anew this fourteenth day of December, A.D. 1832.
Nath. Lord Jr.

Elijah Cummings Yops Field Essex County Mass
No 15 1/2 Parish 9 Months Defection in the 16 & 16 interrogations Nov 27. 1832
Wm L Nelson Newburyport Mass N Braviland E Yopsfield Mass Wm L Nelson Yopsfield Mass

BRIEF in the case of Elijah Cummings of Topsfield in the State of Massachusetts (Act 7 June, 1832.)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Seventy one 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. As a Gen.     In 1778 2 0 Private Col. Nathaniel Hale   80 2 3 " Col. W. Madi   1   1  
5. In what battles was he engaged? none stated
6. Where did he reside when he entered the service? Topsfield Essex co.
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living witnesses
8. Are the papers defective as to form or authentication? and if so, in what respect? the correct  Index as of Plea not certified as such
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. H. Harrison Examining Clerk.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Dec. 15 th 1843.
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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of Elijah Cummings dec d , a Pensioner on the Roll of the Massachusetts 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 7 th of March  to the 27 th March 1842.  Respectfully, yours,
Wilson B. Vance Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

29 7 38 INVALID. Rev
File No. 29738
Elijah Cummings Rev War
Act: June 7 th 39 th
Index:—Vol. 9 , Page 94
[Arrangement of 1870.]

Elijah Cummings
Revolutionary documents & papers re on the ap- plications for a pension
9. Months.

we the undersigned Henry Perley and Samuel Hood severally on oath certify that we are well acquainted with Elipha Cummings of Topsfield and know that he served as a Soldier in Capt. Simeon Brown's Company of foot in Colonel Nathaniel Mades Reg- iment of Massachusetts State Troops for the term of Six Months in the year 1778 - that the said said troops were stationed in the State of Rhode Island. That said service commenced early in July and terminated by the disbanding of said Regiment early in January 1779 - we were also in the same Compa- ny and served during the same Six Months -  Henry Perley Sam l . Hood
State of Massachusetts Essex ss.
August 11th 1832. Then the above named Henry Perley and Sam l . Hood, severally subscribed and made oath to the above written affidavit before me. I also certify that the above named Perley & Hood are credible witnesses.
H. Cleveland Justice of Peace & notary

I John Hood, do on oath testify that I am well acquainted with Elijah Cummings of Tisbury and I do know that he served in the revolutionary army in the summer and autumn of the year 1780. That he served in Capt Benjamin Goulds company of foot in Colonel Nathaniel Wades Regiment of Mass. State troops, and that he did serve the full term of three months. Said service was performed at several points on Hudson River and that the said Regt was stationed at West Point at the time Generals Arnold deserted the American service and said Cummings was at West Point when Arnold deserted. I was also in the same company during the same three months and acted as one of the sergeants of the company.
John Hood
State of Massachusetts
Essex ss; August 11th 1832 Then the above named John Hood, who is a credible witness, subscribed and made oath to the above affidavit before
me N. Cleveland Justice of Peace & Quorum

Elijah Cummings Topfield Mass No 1576
N. Cleveland St Topfield Mass Nashua Lynn 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
Elijah Cummings 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? Yes 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?
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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes
# Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? no
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
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
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."
# See next page

It is important in all cases to determine with precision the period for which the 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.
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 authenticated 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 end 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.

Treasury Department,
SECOND COMPTROLLER'S OFFICE,
May 22 - 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," Eliza Cummings a Pensioner on the Roll of the Massachusetts 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 1836 to the 4 th September 1837.
Respectfully, yours,
Meigs K. Parrish Comptroller
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Sept. 16 th 1843.
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," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The Executor of Elijah Cummings, dec d , a Pensioner on the Roll of the Massachusetts 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. 1841, to the 7 th March 1842.  Respectfully, yours.
J. Wood N. Patridge
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Boston, 15 th Janf. 1838.
Sir,
At the request of the Attorney of Elijah Cummings a pens n who has neglected to draw his pension for 18 months I herewith forward the enclosed vouchers, and if the proof is satisfactory, have to request that a special direction may be given to the Pension Agent authorising payment in this case. —
I am, Sir, very respectfully
Your Ob t Serv t L. M. Stone
J. L. Edwards Esq. Com r of Pensions Washington D.C.