Revolutionary War Pension and Bounty Land Warrant Application File S. 15,899, for Austin Hunter, Virginia

SERVICE
NUMBER
Wa.
Hunter Austin
S 15,899
carded
CONTENTS

23493
Virginia
Austin Hunter of Frederick in the State of Va who was a Drig in the                      commanded by Captain                      of the Reg commanded by Col Dal in the Br line for 10 m's 14 days
Inscribed on the Roll of Virginia at the rate of 52 Dollars 34 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5 th day of Feb y 30 and sent to M c Clintock Washington, D.C.
Arrears to the 4th of Sept 1830 130.85 Pemi-ant. allowance ending Dec 30 26.17 157.02
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by W. B. Allen Clerk, Book 6 Vol. 67 Page 17

Austin Hunter
Virginia
No 11977
Rank as a private sergeant 11 months and 14 days
$52.34
11. 14
amt 1.2.6
May 9. 33-
P 387
Home
ML
Com Miller Brookland C.H.
ma

BRIEF in the case of Austin Hunter  of Goochland Co  in the State of Virginia.  (Act 7th 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? 71 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 1777 " 2 " Sergeant Capt John Fox Sedant   1778 " 2 " " Col Chas Dalbey Detachment   1779 " 2 " " Col Taylor Detachment   1780 " 2 " " Col Richardson Major Armstrong   1781 " 2 14 " Capt Eyelston   11 14 Sergeant Col Taylor Major Campbell   Capt Watson  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Louisa Co Va  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? one living witness in part and traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

Austin Hunter
11977

State of Virginia } Goochland County } Ss.
On this 17 th day of September 1832 personally appeared in open court before the County Court of Goochland now sitting Austin Hunter a resident in the County of Goochland & State aforesaid, aged seventy one 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 th 1832, that he entered the service of the United States under the following named Officers, and served as herein stated, that he served five tours of duty as a Militia-man, the as a sergeant in each tour, that he entered the service in the year 1777 and in the County of Louisa and State aforesaid, and served in the months of August & September under Captain John Fox & Lieutenant Saunders (the other Officers of the Regiment not recollected) & was marched to the City of Williamsburg in the State of Virginia - that he again entered the service in the County of Louisa aforesaid in the year 1778 and served two months, he thinks August & September under Colonel Charles Dabney & Lieutenant George Michie, he does not recollect the names of any other Officers & was marched down James River below the City of Richmond in the State of Virginia to Warrenton - that he again entered the service in the County of Louisa aforesaid in the year 1779, and served two months part of October, November & part of December, under Colonel Taylor, Lieutenant Peter Shelton, the names of the other Officers he does not recollect & was marched to the Barracks in the County of Albemarle in the State of Virginia to guard prisoners. That he again entered the service in the County of Louisa aforesaid in the year 1780 and served two months in the summer of that year, the months not recollected, under Colonel Richardson, Major Armistead & Captain Eggleston, the names of the other Officers he does not recollect, but General La Fayette was the Commander, and was marched below Richmond in the State of Virginia aforesaid, that in this tour, he saw the Enemy in the town of Manchester opposite the City of Richmond where they burnt many houses - And that he again entered the service in the County of Louisa aforesaid in the year 1781, and served ten weeks in the summer of that year, he thinks the months of August, September & part of October under General La Fayette, Colonel John Taylor, Major Campbell & Captain Watson.

and occasionally Captain Mordecai Abrahams, the names of the other Officers he does not recollect, and was marched to the County of Gloucester in the state of Virginia aforesaid - that he was in no battles, and that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service, except that of John Clarke & James Shelton which is herewith exhibited - he hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of any Agency in any state whatever.
Sworn to and subscribed the day and year aforesaid
Wesley Hunter
We John Richards - and John Underwood residing in the County of Goochland and John Underwood residing in said County, hereby certify, that we are well acquainted with Austin Hunter, who has subscribed & sworn to the above Declaration - that We believe him to be seventy one years of age; that he is reported and believed, in the Neighborhood where he resided, to have been a soldier of the Revolution and that we concur in that opinion -
Sworn and subscribed the day and year aforesaid
John Richards
John Underwood
And the said Court 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 the said Applicant could not with reasonable convenience produce a clergyman in open Court to make the usual Certificate, and that John Richards and John Underwood are persons residing in the said County and are credible persons, and that their statement

is entitled to Credit —
I William Miller Clerk of the Court of the County of Goochland aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Austin Hunter for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this first day of October, One thousand eight hundred and thirty two.
Will. Miller, Clk
Goochland County 5 o This day John Clarke of the said county appeared before me a justice of the peace for the said county and made oath that in the year 1777 Austin Hunter this affiant was at the same time ordered out as Militia men in the County of Louisa for a tour of duty of two months under the command of Capt. John Fox & marched from Louisa County to Williamsburg where they under the command of Col. Pettus, and having performed their tour of duty were relieved by other Militia men from the same county. Certified under my hand and seal this 28 th day of August 1832.
Benj. Anderson
State of Virginia } ss. Goochland County }
I William Miller Clerk of the County Court of the said County, do hereby certify that Benjamin Anderson before whom John Clarke made the foregoing Affidavit, and whose signature is annexed thereto, is an able, learned & the

Benj Anderson
State of Virginia } ss. Goochland County }
I William Miller Clerk of the County Court of the said County, do hereby certify that Benjamin Anderson before whom John Clarke made the foregoing Affidavit, and whose signature is annexed thereto, is an acting Justice of the peace in the said County, and that his signature, aforesaid, is genuine.
In testimony whereof, I have hereunto set my hand and seal of Office this first day of October One thousand eight hundred and thirty two
Will Miller Clk
Louisa County August 15, th day 1832
This is to certify at the request of Mr Austin Hunter of Goochland County, that him, or his myself served as Soldiers together in the County of Gloucester in the revolution war, & was discharged from service last at the time before the surrender of Cornwallis at York Town in Virginia, & to the best of my recollection he served as sergeant on the town in the date 1781 sworn to before me a justice of the peace for Louisa county Va
James Shelton
W. Shelton (clerk)

Austin Hunter pa
John M c Cutchan Washington City

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Austin Hunter 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? 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?
no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
yes
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?
or the same not true
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?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
yes NO
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?
yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
12 & 16 not answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
† QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
What has become of the Sergeant's Warrant? —The applicant should show if he can, —

P 15899 INVALID.
File No. 15899
Justin Hunter
Sgt Prov War
Act: June 7 th 82
Index:—Vol. 1 , Page 439
[Arrangement of 1870.]

State of Virginia } ss. Roanoke County }
I William Miller Clerk of the County Court of the said County, do hereby certify, that William F. Carter, before whom the foregoing Affidavit of John Clarke was made, and John Underwood before whom the foregoing Affidavit of James Shelton was made, and whose signatures are annexed thereto, were at the times the same were made before them, and now are, acting Justices of the peace in the said County, and that their signatures aforesaid, are genuine.
In testimony whereof, I have hereunto set my hand and seal of Office this Eighteenth day of July One thousand eight hundred & thirty three.
Will. Miller, Clerk

State of Virginia Goochland County } Personally appeared before me a Justice of the Peace in and for the said County John Clarke a resident of the County and State aforesaid aged eighty seven years and as appears to me a creditable person and being duly sworn, deponeth that Austin Hunter in the year, 1777 or 1778, as near as he can recollect served a tour of duty of two months from the County of Louisiana under Capt. Hop to Capt. Stevenson the other Officers not mentioned.
J. Clarke
Sworn and Subscribed this 11 July 1833 before me Wm H. Carter J.P.
State of Virginia Goochland County } Personally appeared before me John Underwood a Justice of the Peace in and for the said County James Shelton esq. a resident of the County of Louisa in the State aforesaid, aged about seventy years and is known to me as a credible person and being duly sworn deponeth that Austin Hunter performed a tour of duty as a sergeant in the militia of this State during the revolutionary war in the date 1781. as well as he recollects of about two months continuance, was commanded by Capt. John Fox of Louisa County in the State aforesaid where both then lived. They marched to some of lower counties of the State from the County aforesaid. The other officers not recollected.
Sworn & Subscribed before me this 12 th July 1833. John Underwood
James Shelton

Austin Hunter

State of Virginia Goochland County } ss
On this 22 d day of May 1833 person ally appears before me George W. Harris a Justice of the peace in and for the said county, Austin Hunter a resident of the county aforesaid and being duly sworn according to law doth on his oath make the following amendment to his declaration in order to obtain the benefit of the Act of Congress of March 7. 1832 That he was a sergeant in the Militia in the country and continued to be sergeant when called into service and thus with- out having a warrant at any time. That he was born in the county of Louisa and State aforesaid, on the 6 th day of June 1761. That he has seen a family register in which his age is set down but has no record of his age and that he never received a written discharge, having always left the service when relieved, without any design of asking for pay - Sworn and subscribed this day and year A. Hunter aforesaid before me G. W. Harris J.P. D. L. 12/2/33
Virginia } ss Goochland County }
I William Miller Clerk of the County Court of the said County do hereby certify that George W. Harris before whom the foregoing affidavit was made was and now is an acting Justice of the peace in the County aforesaid, duly commissioned and authorized to administer oaths, and that his signature above, is genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of my Office this 23 d day of May 1833.
William Miller Clerk