Transcription of the National Archives Records 
Application for and Bounty Land Warrant received 

Franklin F. Milstead 

 by Linda  Sparks Starr June 2006

An attached note with both files explains these are the best copies that can be made for all papers within each file. However, the top portion of one page in the Warrant file was not copied. It appears behind other pages that were copied. When this particular page was copied, the top fold was turned back, and thus not copied.  The portion that is readable "behind" these other pages are described below. Not every page of the Land Warrant file was transcribed. Some parts are unreadable, shown here underlined within brackets [ ______]. Other portions pertain to the Land Warrant, but not to Franklin F. Milstead. He received the Land Warrant for his service in the Creek War of 1836, but sold it before using it to acquire land in his name.  

A brief history of the Land Warrants for military service -- in this case volunteer service -- is in order.  Per   http://www.nps.gov/joda/hrs/hrs4d.htm

.The Act of 1847 permitted the issue of warrants to individuals for 40 or for 160 acre parcels. These warrants, along with old ones outstanding from the War of 1812, were dumped onto the market and discounted, encouraging speculators as well as veterans to move west. The Bounty Land Act of 1850 granted 80 to 160 acres to officers and soldiers who had served four to nine months, or who had served in wars since 1790 but had not previously secured a land grant (Gates 1968: 173-174; 270-272).

http://www.archives.gov/publications/general-info-leaflets/67.html#acts

Under the acts of 1850, 1852, and 1855, Congress gradually extended the eligibility for bounty land warrants to retroactively compensate surviving veterans or the immediate heirs of all who had served since the Revolutionary War. Those who obtained warrants under an earlier act usually were eligible under later acts as well, provided the total acreage they obtained did not exceed 160 acres.

Bounty Land Warrant File

Form 84 Land Entry Files.   The ordered file was based upon the Act of Feb 11, 1847, Warrant Number 13954 for 40 acres. Franklin F. Milstead turned in the Warrant for 40 acres in or near Cedar Bluff, Cherokee County, Alabama.  However, the file sent was based on the Warrant issued 1855, # 48433 for 120 acres. File designation:  BX 1984. (76 pgs)  The Milstead file consists of 16 total pages, some of which are duplicates and most do not pertain to Franklin F. Milstead; but all papers pertain to the warrant which changed hands three times before it was finally used to obtain a 120 acre land grant in Cherokee County, Texas. 

	The original Warrant is in the form of a notarized certificate with seal. 

120   Department of the Interior Certificate, Office of the Commissioner of Pensions     120
	IT IS HEREBY CERTIFIED, that under the Act of March 3rd 1855 entitled "An Act in addition to certain Acts granting Bounty Land to certain Officers and Soldiers who have been engaged in THE MILITARY SERVICE of the United States,"

Franklin F. Milsted who served under the name of
Franklin Millstead, Private, Captain Patrick's
Company, Alabama Volunteers, Creek War,

is entitled to locate One Hundred and Twenty Acres, at any land office of the United States
in one body and in conformity to the legal subdivisions of the public land upon any of the public land subject to sale at either its [__________]  Given under my  hand and the Seal of this Department this third day of January 1856.

	No 48433		Grimot Commissioner

	Franklin F. Milstead sold Warrant # 48433 to Lewis Cunningham in Cherokee County, Texas on or about April 14, 1873. This much we know from the notary public statement that was copied by the archivist and transcribed below. Lewis Cunningham died before he exchanged the warrant for land, and the portion of his probate records showing his ownership of the land warrant and subsequent sell of it by his executors is part of this file. Portions of Franklin F. Milstead's statement, verifying his sold the land warrant to Cunningham and part of his signature can be seen behind one page of the Cunningham probate papers. Letters [within brackets] is my attempt to fill in words that can be deduced from what is readable. 

For value Received I 
was issued do hereby Sell and assign unto Lewis Cunningham of the [s]tate
of Texas County of Cherokee and to Him or his heirs and assigns for eve[r] and
Said warrant and authorize him to locate the Land and receive [p]atent
therefor
	Witnesseth my hand and seal this 14th day of April 1873
							Frank M    d

The following is a transcription of the portion of the rest of this page that was copied by the archivist. It appears to be very worn and faded, folded many times.

County of Cherokee}	on This 14th April 1873 personally appeared Frank Millstead to me well Known and acknowledged the foregoing assignment to be his act and deed and I certify that the Said Frank Millstead is the identical person to whom the within warrant ~ issued and who executed the foregoing assignment Thereof.	
							F. Potter __
						___ Noty Public
								A C  t44

The State of Texas	}	I, W. L. Byrd Clerk of the District
County of Cherokee	}	Court in and for Said County
do hereby certify that J. L. Dalten [? could be Patten] whose name appears to the above assignment is and was at the time of signing the Same an acting Justice of the
Peace for said County and that full faith and credit are due to all his acts as Such and that his signature is genuine. Given under my hand and Seal of Office
		The 14th day of April AD 1873, W. L Byrd clerk
			of the Dist Ct, Cherokee Co. Texas

					The State of Texas	}    Know all men by these pres-
					Cherokee County	}    ents that I D. L. Cunningham
								as administrator of the Estate of
			Lewis Cunningham Decd of Cherokee County and State of Texas, do
hereby constitute and appoint  Emory  Clopp of New Orleans Louisiana my true and lawful attorney for me and in my name to Sell and convey the within Land Warrant No. 48433, for 120 acres of Land, which issued
under the act of March 3rd AD 1855 and which was issued to Frank Milstead on the 3rd day of January AB 1856. This May 9th AD 1874
	Attest			D L Cunningham
W. F. Thompson		Adm Est of L. Cunningham
G. J. Pollock 

The State of Texas	}
Cherokee County	}	Before me the undersigned authority this day personally appeared D. L. Cunningham admr Est of Lewis Cunningham Decd to me well Known who being duly Sworn Says [page turned up] the foregoing power of Attorney is his own act and deed in my possession  and I hereby certify this [page turned up] _tor of the Estate of Lewis Cunningham dec.d and that Lewis Cuning [page turned up]  whom the former assignment was made by the warr [page turned up] _cry and affix my Seal of Office at Jackson [page turned up]   F. Templeton Notary Public C Co

Emory Clapp sold the warrant to Francis Palms who sold it to John Vessells:

For value received I, Emory Clapp, Attorney in fact of D. L. Cunningham, Administrator of the Estate of Lewis Cunningham, to whom the within Warrant No. 48, 433, was assigned, do hereby sell & assign unto Francis Palms of Detroit, Michigan & to his heirs .... 30 day of May 1874.  

For Value Received:  I, Francis Palms to whom the within Warrant No. 48433 was assigned, do hereby sell and assign unto John H. Vessell of  Mendocino County, California and to his heirs ..... 24 Feb 1876.  /s/ Francis Palms of State of Michigan, Wayne County .... 

The Bounty Land Warrant No. 48, 433 per  Act of March 3, 1855, for 120 acres was issued to Francis Palms /s/ S. S. Benute, Commissioner, at Washington D. C. Sept 8, 1874.  The warrant was mailed to: Francis Palms, Esq, Detroit, Michigan, for which he paid $1 fee. 

No. 48433  120 acres
Act of March 3, 1855
Located at  San Franciso Cal.
	April 3, 1876
J. H. Vessell
	D. S. 11381
Lot 2 or SW 4 of NE 4 &
W2 of SE 4 Sec 5
J 23 NR 18W
Filed Aug 19, 1875
Settled Aug 10, 1875

Name:  John A. Vessell
Tract SW4  NE4  & W2 SE 4
	5_23N __ 18. W
See Cash 5891
Docket No. 5409 Page 191
	Apr ____
	Nov 23, 1876, Approved

Bounty Land Warrant Application

NARA Form 85C Bounty-Land Warrant # 48433.   File Designation: BL_48433-120-55.  This file consists of 11 pages used by Franklin F. Milstead to receive his 120 acres land warrant. All pages of this file were transcribed, including the back page of legal records, signed with initials by various clerks who reported the date they took some action. Not all names are readable. 

Act of 55-120 Wt 48433
Veteran  Franklin F. Milsted
1836   Grade Pvt
Service: Capt Patricks
Col. M. Milam Ala. Vol.
Can No: 617  Bundle No  15

[page 3]

Franklin F. Milsted
Priv
Served as Priv Franklin Milstead
Capt Patrick
Col M Millan
Ala Vols

Creek War
Recd Wart no. 11240 - 40

Letter & acc No 28/55  JKS
Franklin Millstead Served in Patrick's Co
from 12 June to 21 July 1836
Act 120 acres Dec 20/53
PClayton
       2d A. O.}
Nov 19.1855}   ANS 2d Auditor

Cooper S Baine
							Cedar Bluff
							Ala

[page 4]
PENSION OFFICE
Nov 16, 1855
					Sir:
					    Please report service from the
					rolls.
						Very respectfully
							R. McRae
						    For Commissioner,
					2d Auditor

[page 5 is insignificant; page 6]

92 538
No 8390	Dec/1/50
Franklin Milstead
Priv
Capt Geo W Patrick
Ala Vol WMilliam

Vol June 19/36
Dis July 21 / 36  40 acre
Dis within    Taylor
Creeke War    JamR

Warrant 11240
Ip  June 30th 1851
Went to
Wnt 32 Pge 53
Thos B Cooper
Cedar  Bluff 
	Ala A

[page 7 is an envelope with postmark, the only readable portion "appears to be" R BLUFF DEC. It was sent "free".  Addressed to Hon Comm'r of Pensions, Washington D. C., the lower left hand corner reads:  Additional
                      Evidence
and along the left hand side:  Franklin F. Milsted
                                                                      Ala

[pages 8 and 9 are the actual statements of Franklin F. Milstead and his witnesses, Lewis Cunningham and F. M. Hardwick.  Lewis Cunningham is the same person Franklin sold his land warrant to in 1873 in Texas.]

	The State of Alabama	} 	On this 12th day of April AD
	Cherokee County	}	one thousand Eight hundred and fifty five
personally appeared before the undersigned justice of the peace within
and for the County and State aforeSaid Franklin F Milsted aged about
Forty Six years a resident of Said State and county who being
duly Sworn according to law declares that he is the identical
Franklin F Milsted who was a private in the company com
manded by Captain Patrick in the Regiment of
Alabama Volunteers commanded by Colonel McMillam
in the war with the Creek Indians for the times of
three months and continued in actual service in said
war fourteen days -- and was honourably discharged -- that he
may heretofore made application for bounty land under the
act of 28th September 1850 and received a land warrant No 
11.240 for Forty acres of land which warrant he has
legally disposed of and cannot return.
	He makes this declaration for the purpose of obtain
-ing the additional bounty land to which he may be
entitled under the act approved March 3rd 1855. He also
declares that he has not applied for nor received under
this or any other act of Congress any land warrant
Except the one above mentioned.
					   his
				Franklin F (X) Milsted
					  mark

	We Lewis Cunningham and Frizzell M. Hardwick residents of
Said State & county on our oaths, declare that the foregoing declarat
-ion was signed and acknowledged before us that we believe from
the appearances and Statement of the applicant who is known
to us, that he is the identical person he represents himself to be
and that we are disinterested witnesses.
					Lewis  Cunningham
					F M Hardwick 

	The above declaration and affidavit were Sworn to and Sub
=scribed before me on the day and year above written I also
Certify that the affiants are Citizens of this County & entitled to credit
and that the applicant is the identical person he represents himself

to be ==
from this certify that I am not interested in
the foregoing claim nor in the prosecution
					Jackson Smith JP

The State of Alabama	}  I William E McDaniel Judge of Probate and Ex
Cherokee County	}  Officis Clerk of the Court of Probate, which is a court of Record
within &for the county and State aforesaid, and also keeper of the Records & Seal of
Said county do hereby Certify that Jackson Smith whose genuine Signa
ture is Subscribed to the foregoing declaration and affidavit is and was at
the date thereof an acting justice of the peace within &for  Said
State & County duly commissioned and Sworn and that his official acts are entitled to fule full 
facts & credit, that I am not interested in the above claim
and am not concerned in its prosecution. The words & duly
commissioned & Sworn // interlined	}	Given under my hand and
before Sealed or Signed			}	official Seal this 13th april
 						AD 1855
							William McDaniel
							Judge of Probate CC Ala

[Along the spine or middle portion of this page]

92.538
Franklin F Milstead
Application for
additional Bounty
Land

Filed by
Cooper & Baine
Cedar Bluff
Ala

[pages 10 and 11 are fill-in-the-blank forms. Italics is the handwritten portion of the record.]

KNOW YE That Franklin Millstead private
of Captain Geo W Patrick company in the regiment of Alabama
Volunteers commanded by Colonel L G McMillion mus=
tered into the service of the United States the 19th of June
1836 and being now mustered for discharge by the Acting Inspector General
of the United States  Army, is therefore, hereby honorably discharged from
the said service.
	Given at Montgomery this 21st day of July
1836.						George W Patrick Capt
						St Clair Volunteers

STATE OF ALABAMA	}
Cherokee COUNTY	}

on this Seventeeth day of November A.D. One Thousand Eight Hundred and
Fifty              , personally appeared before me Jackson Smith an Acting
Justice of the Peace within and for the County and State aforesaid,
Franklin Milstead aged Thirty-eight
years, a resident of Cherokee County in the State of Alabama who
being duly sworn according to law, declares that he is the identical Franklin Milstead
who was a private in the Company commanded by Captain
Geo W Patrick in the Regiment of Alabama
Volunteers commanded by Colonel L S McMillion in the War with
the  Creek tribe of Indians
that he volunteered in said Company & regiment
						at Montgomery Ala
on or about the 19th day of June A.D. 1836 for the term of Three
months and continued in actual service in said war for the term of one month
and that he was honorably discharged at Montgomery Alabama
on the Twenty first day of July AD 1836 as will
appear by his original certificate of discharge here=
with presented and by the muster rolls of said
Company
He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the 'Act
granting bounty land to certain officers and soldiers who have been engaged in the Military service of the United 
States,' passed 28th September, 1850.
							 his
						Franklin  X   Milstead
							mark

	Sworn to and subscribed before me the day and year first above written. And I hereby certify, that I 
believe the said Franklin Milstead to be the identical man who served as aforesaid, and that he
is of the age above stated.
						Jackson Smith		seal
							Justice of the Peace