Revolutionary War Pension and Bounty Land Warrant Application File S. 1857, for Zelus Milstead, Virginia

SERVICE
NUMBER
Va.
Milstead, Zelus
S. 1857
Boarded
CONTENTS

7/21 Tennessee (west)
Jelus Milstead
of Lincoln County in the State of Tennessee who was a private in the Company commanded by Captain Dallinger of the Regt. commanded by — in the Virginia m. for 12 mo.
Jelus Milstead.
Records corrected Oct. 16/16.8
Inserted on the Roll of Tennessee at the rate of 40 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 day of March 1833 and sent to Davis Eastland Es. Fayetteville T.
Arrears to the 14th of March 1833 $ 80.00 Semi-ant. allowance ending Sept 1833 20.00
$ 100.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book 2 Vol. 7 Page 88

No 17380
Jules Melstead Lincoln County
Tennessee
from — private 12 months.
$40.
Davis Eastland Fayetteville or Tennessee

Lolas Milstead  BRIEF in the case of of Lincoln County  in the State of  Tennessee (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76.  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.     Drusted In 17 6. private Gen. Capt. Fallinger   " 6. " " "  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Amherst Co Va  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary Evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. P. Caston Examining Clerk.

Zeus Miltraad
17380

State of Tennessee 3 rd . Rutherford County 3 rd .
On this 23 rd day of October 1832. Personally appeared before the justices of the Court of Pleas and Quarter Sessions now sitting John H. Melton a resident of the County and State aforesaid aged twenty six years who first being duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of an act of Congress, passed June the 7 th 1832. That he entered the service of the United States under the following named Officer, and served as herein after stated.
I was drafted in the service of the United States for a six months term, but in what year my memory does not serve me to recollect. I was commanded by Capt. Richard Bellinger of the Virginia Militia, whose company was attached to Genl. Harris' Brigade, rendezvoused at Richmond, in the fall of the year, and was sent across James River to Peters' fort in order to supply the place of some regular soldiers who had been stationed there, but who had been ordered to another place of service. I was stationed at Peters fort for three months, at the end of which time I was furloughed and returned home for a short time. After my furlough had expired I again repaired to said fort, where I staid until my term of service was fully completed, and was discharged.
About six months after this my first term of service, I was again drafted for a six months term, and was sent into Albemarle County Virginia, under my former Capt. (John) Bellinger, to guard some British and Russian prisoners, where I remained during the whole of the period for which I was this second time drafted, and was then discharged and returned home. I had no fighting whilst I was out, no regular soldiers were stationed where I was, during my term of service, but there had been some at Peters' fort but they had evacuated the place before I got there, by whom they were commanded, (if I ever knew, I do not now remember). I know of no person by whom I can prove my service. If ever I received a written discharge, I have lost or mislaid it, so that it cannot be found.

I was born in Amherst County Virginia. the In the year 1756, day and month not known, as I have no record of my age; lived when I was called into service, in the same County where I was born. I moved from there to Spartanburg County, South Carolina, from thence into Hancock County Georgia, where I resided fifteen years, thence to Logan County Kentucky, thence to Williamson County Tennessee, thence to the Muscle Shoals, thence to Murray County Tennessee, thence to Lincoln County Tennessee where I now reside, and have lived for about twenty one years.
I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid. Test R. P. H. Clerk                      I clus his + Mitchell mark
We Ebenezer McEwen a clergyman residing in the County of Lincoln and state of Tennessee, and William Edmiston residing in the same County and State, hereby certify that we are well acquainted with Zolus Mitchell, who has subscribed and sworn to the above declaration, that we believe him to be seventy six years of age, that he is reputed and believed, in the neighbourhood where he resides to have been a Revolution soldier, and that we concur in that opinion;
Sworn to and subscribed the day and year aforesaid. Test R. P. H. Clerk.                      E. M. Ewen Wm Edmiston

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the near department, that the above named Applicant was a Soldier of the Revolution, and served as he states. And the Court further Certifies, that it appears to them that Ebenezer McEwen who has signed the preceding Certificate is a clergyman resident in the County of Lincoln and State of Tennessee, and that William Edmiston who has also signed the same, is a resident in the same County and State and is a credible person, and that their statement is entitled to Honor and Credit
Wm Edmiston Samuel Buchanan
I Robt. S. Ings Clerk pro tempore, of the Court of Pleas and Quarter Sessions, for Lincoln County Tennessee do hereby Certify, that the foregoing contains the original proceedings, in the matter of the ap- plication of Zilpha Mulstead for a pension
In testimony whereof I have hereunto set my hand and seal of Office this 22 nd day of
October 1832
Robt S Ings Clerk.
Addrp To the Care of Davis Eastland Gaysville Tennessee.

Rev. & 1812 Wars Section. ILL
November 20, 1930.
Miss Mary Emma Dunn 118 West 4th Street Owensboro, Kentucky.
Dear Madam:
You are advised that it appears from the papers in the Revolutionary War pension claim, S. 1857, that Zelus Milstead was born in 1756 in Amherst County, Virginia, exact date not stated.
While a resident of Amherst County, Virginia, he enlisted and served two tours of six months each in Captain Richard Ballinger's Company of Virginia militia, no dates of enlistments stated.
Soldier stated that he moved from Amherst County, Virginia, to Spartanburg County, South Carolina, thence to Hancock County, Georgia where he remained for fifteen years, from there to Logan County, Kentucky, then to Williamson County, Tennessee, and after that to Muscle Shoals and Maury County, Tennessee.
He was allowed pension on his application executed October 22, 1832, while a resident of Lincoln County, Tennessee, having moved there one year previously.
There are no data relative to his family on file.
Very truly yours,
E. W. MORGAN, Acting Commissioner.

New Mar
1857
INVALID.
1930 - Nov. 20 - History to Mary E. Dunn. J.L.L.
File No. 1857
Jules Milstead, Pris. Va. Mil.
Act: June 7. 1882.
Index: - Vol. 2
Page 256
[Arrangement of 1870.]
Jules Milstead Records corrected Oct. 18/82.

Jevensboro Ky. Nov. 6 - 1930
Bureau of Pensions, Washington, D. C.
Rev. War. Sec.
Dear Sir:-
I am endeavoring to qualify for membership in D.A.R. and am writing to ask if you will send me the service of Zelus Milstead .
who was living in Lincoln Co. Tenn in 1835- age 78.
Thanking you in advance for your kindness. I am
Yours very truly, Miss Mary Emma Dunn. 1187 1/2 4th St., Jevensboro Ky.

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

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'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? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? XVI. ‡ Are the papers authenticated as the regulations direct? 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.