Revolutionary War Pension and Bounty Land Warrant Application File S. 22908, for Stephen Millard, New York
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(3-1776)

SERVICE N.Y.  R.I.

Millard, Stephen  

NUMBER S.22908

CONTENTS
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New York 24.513 24513
Stephen Millard of Warren Co in the State of New York who was a pr & Sgt. in the company commanded by Captain Hurley of the regt. commanded by Col. Varnum in the R. I. line for 16 mo pr 8 mo Sgt.
Inscribed on the Roll of New York at the rate of 93 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 6 day of January 1834 and sent to Hon H. C. Martindale H Reps
Arrears to the 4th of Sept 1833 - $233.33 
Semi-anl. allowance ending 4 March ‘34 - 46.66 
[total] $ 279.99 
Revolutionary Claim, 
Act June 7, 1832. 
Recorded by W. L. Williams Clerk, 
Book [illegible, possibly E] Vol. 4  Page 106 

Death not in AB
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No. 25891 
Stephen Millard Warren County New York 
Admitted Sergeant 8 mo  40
Private 16 mo  53.33
24  93.33
186.66
46.66
233.33


Hon H.C. Martindale 
In A. Paddock 
Glens Falls N York 
[crossed out] Joseph Whitley Caldwell Warren County N York
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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 County } ss.
On this ___ day of ___ personally appeared (a) before __ A.B. a resident (b) of ___ in the county of ___  and State, territory or District of ___  ages (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 provion 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 enered the service; the battles, if any, in which he was engaged, and the country through which 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 C. 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 day 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 C.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 applicacation 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
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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?}
6. {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 he 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 traditionary 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 in 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 claim cannot be had. Every claimant must state, with precision, the length of his 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 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 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.
[ ] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies in continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
The Applicant should produce his Sergeants Warrant
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State of New York 
County of Warren ss }  On the sixteenth day of April in the year of our Lord one thousand eight hundred and thirty three personally appeared in open Court before the Judges thereof to wit Seth C Baldwin first Judge Thomas Pattison Hiram Barker Habby Mead and Truman B Hicks Esquires his [illegible] Judge of the Court of Common Pleas of the County of Warren in the State of New York now sitting in the Court house in the town of Coldwell [?] in said County Stephen Millard a Resident of the town of Queensbury in the County & State aforesaid aged Eighty two 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 1832 
He first enlisted in a company of Infantry at Westerly in the State of Rhode Island in April 1775 for nine months under Captain Joseph Hawley Col Varnum General Green He first faced the Brigade [or Brigands] in May 1775 at [illegible] hill near Boston in the morning of the battel at Bunker hill marched to Bunker hill was engaged in the battel then retreated to prospect hill where he remained nearly a month longer than his enlistment. Again in the spring of 1775 he enlisted at Westerly aforesaid for nine months in a company of Malitia under Captain Thomas Wick Lieut Nathan Randall Col. Joseph Hayes he marched with the Regiment on to Rhode Island & there remained till the enemy landed he then Returned & crossed the Ferry at Tappantown there remained late Enlisted again in the winter of 1777 he was drafted under the same Captain Lieutenant & Colonel for three months to guard the shores of Rhode Island and served the three months & was then discharged  he then moved to Hudson [?] (then Albany County New York near Berlin [?] Rensselaer County) when In May 1777 he was drafted under Captain Caleb Bentley Lieutenant Samuel Short Col
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Stephen J Schuyler marched to Fort Edward & there remained till the Garrison Retreated before Burgoyne to Saratoga Barracks from thence to fish Creek after a short stay there he was marched to Bemis heights was engaged in the battel at Bemis heights & there Remained about one month after the taking of Burgoyne & I was then discharged again in the spring of 1778 or 9 been drafted to go to Ticonderoga & Crown Point the same season the Forts were burned He was under Capt Thomas Brown Lieutenant Gifford Col George Clinton and remained in the service till [illegible, winter?] following during all of which service he served as a Sergeant 
1 Question I was born in Westerley in Kings County Rhode Island 2d December 1750 
2d I have no record of my age in my possession the answer the first Question is what I recollect to have seen in my fathers bible which bible is now in the possession of my Daughter 
3  when first called into service I lived in Westerley aforesaid stayed there till March 1877 then to Horicon in the then County of Albany State of New York remained there a number of years then moved to Queensbury in Warren County the State of New York where I now live and where I have remained 41 or 42 years
4 & 5 Questions answered in the above declaration 
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 the agency of any state
and I have no other evidence of my service than as annexed 
I served in all three years as above - three years 
[signed] Stephen Millard + his mark
Subscribed & Sworn before me in his open Court this 16th day of April 1833 
[signed] Thomas Archibald Clerk
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We Edward Cornell [Cornwell] & John Ferguson & Alfred Pitcher of [illegible] in said County York Residing in the town of Lu [illegible] in the county of Warren & State of New York hereby certify that we are well acquainted with Stephen Millard who has subscribed & sworn to the above declaration, and we believe him to be Eighty two years of age, and that he is reported and believed in the neighborhood in which he resides to have been a soldier in the revolution and we can concur in that opinion 
[signed] Edward Cornwell  Alfred Pitcher
Subscribed & Sworn before me in open Court this 16th day of April AD 1833 
[signed] Thomas Archibald Clerk
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State of New York 
Warren County } SS.  I Thomas Archibald Clerk of the said County do certify that David Woodward Esquire before whom the annexed affidavit purports to have been sworn was at the date of the same a Justice of the peace of said County and that I am acquainted with his hand writing and verily believe his signature to the said affidavit to be Genuine and his proper hand writing – 
In Testimony whereof I have hereunto subscribed my hand and seal of Office this 18th day of April 1833 – 
[signed] Thomas Archibald Clerk
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I do certify that I have been acquainted with John Rice who signed to within affidavit for the space of thirty years past and do believe him to be a man of truth and veracity when under oath and never had his character impeached as such 
[signed] David Woodward Justice
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State of New York  Rensselaer County } ss.
I Certify that William Jones whose signature is affixed to the within affidavit was at the time of  taking the [illegible] one of the Justices of the peace in & for the county of Rensselaer & that I am acquainted with his hand writing  I verily believe that the within signature is his proper hand writing. 

In witness whereof I have hereunto set my name & affixed the seal of said County this fifteenth day of November 1832

Archibald Ball Clerk
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Revolution
22908 
INVALID. 
File No. 22.908 
Stephen Millard 
Sergt Rev War 

Act: June 7” 32”
Index:--Vol. 2, Page 275 
{Arrangement of 1870.}

RI & NY
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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 applicant Stephen Millard was a Revolutionary Soldier and served as he states & the Court further certify that Edward Cornell of Alfred Pilcher who signed the preceding Certificate are Credible persons, and that their statement is entitled to Credit 
[signed] Seth Baldwin First Judge of Warren County Court, 

I Thomas Archibald Clerk of the Court of Common pleas of [the County] of Warren & State of New York do hereby certify that the foregoing contains the original proceeding, of of the said Court in the matter of Stephen Millard for a pension under the act of Congress of 7 June 1832 In testimony whereof I have hereunto set my hand & seal of office this 16 April 1833 
[signed] Thomas Archibald Clerk of Warren County
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H. C. Martindale

J. L. Edwards Esqr 
Comr of Pensions 
War office D.C.

Hon H. C. Martindale