Revolutionary War Pension and Bounty Land Warrant Application File S. 4,637, for David Osteen, North Carolina

SERVICE
NUMBER
Nb
Osteen, David
S.4637
CONTENTS
carded.

let 20 Jany 1837 R. R. Chapman
Car to Pa age 5 Jany 1838.
To West Tenn. free from 4 Sept 1837 - 7. March 1839 - Note for col. sent to Amos Morrill, Shelby ville Tenn
Paid at the Treasury under the Act of the 6 th April 1838 from 4 Sept 1837 to 4 th Sept 1838 as modified 15 June 1839.
7985 West Tenn. free Alabama
David Osteen
Morgan in the State of Alabama who was a Private in the Comp y commanded by Captain West of the Comp y commanded by _____ in the Comp y in the line for Militia for seven months.
$23.33/100.
Entered on the Roll of Alabama at the rate of 23 Dollars 33. Cents per annu. to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 2 nd day of May 1833 and sent to W. M. Hartley in Newville. May 2 nd 1833
Arrears to the 4 th of March 1833 45.66 Pension allowance ending 4 Sept 33. 11.66
$58.32
{ Revolutionary Elam, } { Act June 7, 1832. }
Recorded by W. M. Salter Clerk Book E Vol. 8 Page 49.

State of Tennessee } Bedford County }
On this day the 22 December 1838, before me the subscriber, an acting Justice of the peace in and for the County aforesaid personally appeared Daniel Osteen, who on his oath de- clares that he is the same person, who former- ly belonged to the company commanded by Capt. William Dennis, in the battalion commanded by Maj. Blount of the line of the State of Georgia in the service of the United States; that his name was placed on the pension-roll of the State of Alabama. From whence he has lately removed: that he now resides in the State of Tennessee in the County of Bedford, where he intends to remain, and wishes his pension to be there payable in future. The reason of his removal is, that he may live with his rela- tions, upon whom he is mainly dependent for his subsistence.
Sworn to & subscribed before me the day & year aforesaid
Daniel Osteen his mark
Test W. Perry

State of Tennessee Bedford County } }
Before me George Davidson an acting Justice of the peace in and for the County aforesaid this day personally appeared John Hobbs and made oath that David Osteen who has made the foregoing affidavit is the identical David Osteen who obtained a pension as set forth in the foregoing affidavit.
In presence of & subscribed this 22 December 1878 before me George Davidson Justice of the peace
John Hobbs

State of Tennessee Bedford County }
I, William D. Orr Clerk of the County Court of said County hereby certify that Willie Perry and George Davidson whose names are officially signed to the foregoing affidavits are acting Justices of the Peace for said County, duly commissioned and qualified, and that their signatures are genuine.
Given under my hand & seal of office this 22 December 1838
William D. Orr (Clk)
State of Tennessee Bedford County }
I William Gilketh. Chairman of the County Court of the County aforesaid hereby certify that William D. Orr is Clerk as above and that his signature is genuine.
W. Gilketh (Chm)
Chairman of the County Court.

Declaration in order to obtain the benefit of the act of bounties of the 7th of June 1832 state of Alabama Morgan County 3ds
On this 28th day of January 1835 personally appeared in open court before Charles McPeters Judge of the Superior Court County Court of Morgan County aforesaid now sitting David Astrea a resident of the County of Morgan aforesaid of the age of twenty two years of age on the 11th day of April next who being first duly sworn ac- cording to Law doth on his oath make the following Declaration in order to obtain the benefit of an act of bounties passed June 7, 1832 That he entered the service of the United States under the following named officers and served as herein stated to wit, He entered the service under the following named officers to wit, General Ash and Captains William Dennis and Lieutenant Eli West Ensign Belshazzar Fuller and he entered the service early in the fall of the year seventy eight and his term was six months he got home the last of April 1779. and he was under another engagement of one month he entered in April 1880 under- Eli West as Captain and served one month - he states that he resided in Washington County State of North Carolina when he entered the service in both terms - and that he was drafted the first term but was a volunteer the second he states that during the first engagement in term of duty he joined General Lincoln in South Carolina and marched to Augusta in Georgia and marched from there down the River to Union

where we had an engagement with the British where the Americans were defeated - they then retreated back into South Carolina - and were discharged in April 1779 as above mentioned. He was discharged from service in Wilmington South Carolina by Major Blount who gave a discharge which he has lost and in the second term of duty he was in an engagement with the British at Bluefield and he received no discharge when the British left the place we were dismissed -
He was born in Cumberland County South Carolina in the year seventeen hundred and sixty one
He has in his possession a record of his age
He was living in Cumberland County South Carolina when he entered the service he served after he was married and had a family to the adjoining County Antrim where he lived twelve years and from there he moved to the State of Tennessee Davidson County and lived there seven or eight years and then moved to Sumner County in the same state and from there to Maury County in same state and from there to Limestone County State of Alabama and from there to Morgan County Alabama where he now resides and has resided for nine years past
He was drafted when he was first called into service and volunteered the second term
He states that he does not recollect any Continental officers except General Cornwallis he has in his possession part of his declaration stated the General circumstances of his service

He has stated in his declaration in the first part the circumstances of his discharge and by whom given and the date of it.
He states that he is known to Cooley, Whitney and Samuel Winton and John Maxwell in his neighborhood who can testify as to his connection for service and their belief of his service as a soldier of the revolution.
He hereby relinquishes every claim whatever to a pension or an annuity except the present and declares that his name is not on the pension roll of the agency of any state.
David O'Keer
Sworn to & subscribed the day and year aforesaid M c Calla & Hester att
We Cooley, Whitney, Samuel Winton and John Maxwell all of whom reside in the County of Morgan State of Alabama hereby certify that we are well acquainted with David O'Keer who has subscribed and sworn to the above declaration that we believe him to be seventy two years old the 11th day of April 1835; that he is reputed and believed in the neighborhood where resides to have been a soldier of the revolution and we concur in that opinion.
Sworn to and subscribed the day and year aforesaid M c Calla & Hester att
David O'Keer
Cooley Whitney
John Maxwell
Samuel Winton

And I Charles McPeters Judge of the aforesaid Court aforesaid do hereby declare my opinion after the investigation of the matter and after perusing the interrogatories prescribed by the War Depart- ment that the above named applicant was a revolutionary soldier and served as he states And the Court further certifies that it appears to him that Leaky, Whitney, John Maxwell and Samuel McMinton who has signed the preceding certifica- te are residents in the County of Morgan state of Alabama and are entitled to pension and that their statements are entitled to credit from each other and are true this 28 th January 1833
Charles McPeters Judge
State of Alabama,
Morgan County 32 M c Mackenzie clerk of the County Court of Morgan County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Ostrow for a pension
In testimony whereof I have unto set my hand and affixed my Seal of office at office this 28 th day of January A D 1833 and of American independence the fifty seventh year
M c Mackenzie clk. c/c

1024516-7985 David Osteen Morgan County Alabama
Adm for 7 months from 1978
M. M. Mackenzie St. Morgan County Alabama Somerville

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, showing the Service of David Osteen Morgan County Alabama
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Def? Fall 1778 - 6 - Private Genl. Ash. G. Lincoln 72 years Traditionary evidence   Vol. Apr. 1780 - 1 - Private Capt Dennis, Col. West. Cartright County N. Carolina Certified credible, no Clergymans Certificate Two reason given - papers correct -  
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 G. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that G. 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev War
463 4
INVALID.
File No. 4637
David Steele
Birt Rev War
Act: June 7, 1832
Index:—Vol. 4 , Page 280
[Arrangement of 1870.]

Jan 30 MOBILE Mr. Everett
Dear Sir Edward Cavendish Washington City D.C.

March 10 Sammie W.A.
Sir
Yours of 5th inst is at hand, requesting to be informed touchng said David Olson who last paid. I have to state it appears from the list received from the Pacific agency, that he was last paid in the 4th Sept 1837.
I am Very respectfully your obedt Servt Ezra P. Haines, Post Dept David N. Merrill
To J. L. E. E. E. E. Counsel of the President Washington City

Shellyville Tennessee 22 Dec. 1838
Mr. J. L. Edwards,
Dear Sir,
I herewith send you an application for a transfer of pension.
Respectfully Yours Amos Morell

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 7 th , 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," David Os teen, ————— a Pensioner on the Roll of the Nashville, Ky. Agency, at the rate of Twenty three Dollars and thirty three 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. Harrison Comptroller.
To the Commissioner of Pensions,
Present.