Revolutionary War Pension and Bounty Land Warrant Application File S. 18,509, for Thaddeus Miller, Vermont
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(8-1776)

SERVICE
Vt.

Miller, Thaddeus 

NUMBER
S.18,509
Carded

CONTENTS
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Vermont 
 Thaddeus Miller of Windham Co in the State of Vermont who was a private in the Company commanded by Captain Waters of the [commanded by in the Vt May line for 8 month 18.603] and Inscribed on the Roll of Vermont at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831. Certificate of Pension issued the 20 day of Sept. 1833 and Sent to James Elliott New Fane Arrears to the 4th of Sept. 1833 of 66.66 Semi-anl. allowance ending March - 13.33 --- - $80.00 Revolutionary Claim, ┃ June 7, 1832 Recorded by W. L. Williams Clerk Book Vol. 3 Page 77 Let to Hon Hall June 16. 1838
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State of Vermont
Windham County
On this 1st day of May AD 1833
Personally appeared in open court before the Probate Court for the District of Marlboro & State of Vermont now sitting at Brattleboro in said district. Thaddeus Miller a resident of sd Brattleboro and the same who made this declaration for the purpose of obtaining a pension under the act of Congress of June 1832 and being first sworn according to law doth on his oath make the following additional declaration to that made as before stated on the 1st day of August AD 1832 - That he thinks the authority under which he was called unto the service of the United States was by an act or resolution of the General Assembly of the State of Vermont of the year 1781 or 1782 that each town should raise a certain number of troops. The object to be accomplished as he understood was the defense of the frontier on Lake Champlain. He lived in Marlboro in Windham County at the time of his enlistment and enlisted for eight months with eight others in the whole from said Marlboro the names of whom were Benjamin Winchester, Asa Winchester, Job Adams, Nathaniel Bartlett, Apollos Hale, Moses Bass and Bildad Adams. He was as before mentioned stationed at Castleton in the state of Vermont. In August after he entered the troops to which he belonged detached a flag of truce consisting of about twenty men under the command of Major Josiah Boyden of Dummerston. He belonged to this flag of truce and joined about the same numbers sent from the State of New York for the purpose of conveying the families of the towns (who had gone over to the British) to the British vessels lying in Lake Champlain. The junction was much at Skeensboro [Skenesborough] (now Whitehall) and from there as went to a place between Crown Point and Chambly Point where two British vessels were lying. While the business of getting the Tory families on board the British vessels was going on these came down the lake 60 or 70 Batteaux containing British troops that had come down to cut hay and load the vessels to carry it off the lake. In consequence of the coming of this [illegible] and to prevent our giving information that might cause them to be molested an who [illegible] the flag and ordered on board the vessels and detained them about twelve days until they were ready to sail up the lake. After our return we remained in camp at Castleton until the eight months for which I enlisted had expired except that I had a furlough for eight days during
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the time.  The persons who enlisted with me at Marlboro are all dead but they have most of them left relations at that place and the widow of Bartlett is now living in this place.

Thaddeus Miller

Sworn and Subscribed this first day of May 1833.
Before Marshall Miller, Judge of Probate

State of Vermont  }
Windham County }  Brattleboro May 1, 1833
I hereby certify that I am acquainted with the character of Joshua Winchester and Asa Datton the same who gave their affidavits before me on the 3rd day of August AD 1832 in the case of the application of Thaddeus Miller for a pension and that they are credible persons and of good character for truth.
W. R. Hayes
Justice of the Peace

I James Elliot, Register of Probate for the District of Marlborough in the State of Vermont; do, on this first day of May AD 1833, certify that the preceding (on this sheet) is the new declaration of Thaddeus Miller, subscribed and sworn to on this day before the Probate Court for said District.  Witness my hand and the Seal of the said Court,

James Elliot
Probate Register

I James Elliot, Clerk of the County Court for the County of Windham in the State of Vermont, do on this first day of May, A. D. 1833 at New Jane in said County, certify that William R. Hayes, Esquire, is one of the Justices of the Peace within and for said County, and that the preceding (on this and the annexed sheet) are his signatures Witness my hand the Seal of said Court.   James Elliot, Clerk
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(illegible) Windham Coy [county]. Vermont
Thaddeus Miller Deceased
for Pension  August 1832
No 2,875
no papers
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oath before Mr. Hayes Justice of the Peace

I Asa Datton of Dummerston in the County of Windham and State of Vermont of the age of Seventy one years do on oath depose, testify and say - That according to the best of my recollection  enlisted in the month of March 1782 into a company of militia commanded by Captain Waters to go into the service of the United States in the war of the revolution.  Thaddeus Miller then of Marlboro and never of Brattleboro went in the same company with us to Castleton in the State of Vermont [illegible] (illegible) (illegible) stationed for our whole term of service which was eight months.  I served to the whole term and according to the best of my belief the said Miller was in the service with me during that time.  I often saw the sd [said] Miller during our service and saw no reason to doubt that he was out the whole term.  We were under the command of Major Josiah Boyden and Lieut. Rice.  I do not recollect the names of any other officers except that Captain.  We lay about twenty miles from the shore of Lake Champlain on the Vermont side and our charge was to watch the British troops on the other side of the lake and two or three British vessels that were on the lake.
Asa Dutton

State of Vermont  }
Windham County }  Brattleboro August 3d 1832
The personally appeared Asa Datton and made solemn oath that the above deposition by him subscribed contains the truth and nothing but the truth.  

Before W. Hayes, Justice Peace

State of Vermont
Windham County Court Clerks Office, New (illegible) August 3, A. D. 1832.  I certify that William R. Hayes, Esquire, is a Justice of the Peace for the county of Windham aforesaid and that the above is his signature. 

In testimony whereof I have hereunto set my hand and the Seal of said Court on this day and year above written

James Elliot, Clerk
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State of Vermont ⎬ 
Windham Ss
On this 1st day of August AD 1832 personally appeared in open court before the Probate Court for of Marlboro & State of Vermont now sitting Thaddeus Miller a resident of Brattleboro in the County of Windham and State of Vermont aged sixty eight 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 7th 1832 - That he entered the service of the United States
under the following named officers as herein stated That he was born in the year 1764 and has a record of is age taken from a book kept by his parents. That he was living in Marlboro in the State of Vermont when he was called into the service which was by enlistment. He enlisted in March or April (which he cannot recollect) in the year 1782 by the term of eight months. The captain of the company to while
the belonged was - Waters & Lieutenant Fisk & Ensign Rice are the other officers the field officers of the regiment to which he belonged were Col Bronson & Maj Boyden as near as he can recollect-- the company first went to Castleton in the State of Vermont and was stationed at a fort at that place during the
whole eight months for which enlisted he had no discharge but a verbal one. He [was - crossed out] has no documentary evidence
and knows of but one person whose testimony he can procure who can testify to his service. He has resided in the town of Marlboro and Brattleboro ever since the Revolutionary war and can mention as persons who know him and his character and to believe that he served in the army of the revolution. Samuel Clark Samuel Ellis James Elliot & Stephen Greenleaf. He hereby relinquishes any 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-
Thaddeus Miller
Sworn and subscribed to the day and year aforesaid
Marshall Miller Judge of Probate
[Illegible]
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Thaddeus Miller
Sworn and subscribed to the day and year aforesaid
Marshall Miller Judge of Probate

We Jedidiah L. Stark a clergyman residing in the town of Brattleboro and state of Vermont and Stephen Greenleaf residing in the same Brattleboro hereby certify that we are well acquainted with Thaddeus Miller who has subscribed and sworn to the above declaration that we believe him to be sixty eight 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.

Jedidiah L. Stark
Stephen Greenleaf

Sworn and subscribed to the day & year aforesaid
Marshall Miller Judge of Probate

And the Court do hereby declare this 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 Jedidiah L Stark who has signed the preceding certificate is a clergyman resident in the town of Battleboro and that Stephen Greenleaf who has also signed the same is a credible person and that this statement is entitled to credit.

I James Elliot register of the Probate Court for the District of Marlboro and State of Vermont do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Thaddeus Miller for a pension.  In testimony whereof I have hereunto set my hand and seal of office this 1st day of August A.D. 1832
James Elliot, 
Probate Register
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I Joshua Winchester of Brattleboro in the county of Windham [illegible] and State of Vermont on oath depose, testify and say that I am now sixty three years of age - I knew about the year 1782 at which time I was not far from thirty years of age - that Thaddeus Miller the applicant within named enlisted into the service of the United States for the term of eight months as I understood and that he left Marlboro at that time in the same company with a brother of mine and went as I understood to Castleton in the State of Vermont - He was absent on that service as near as I can recollect eight months & returned with a number of others who enlisted from the town of Marlboro on the same service - I am acquainted with the sd [said] Miller, believe him to be sixty eight years of age and the he served in the army of the Revolution as he has stated 
Joshua Winchester
State of Vermont
Windham County 
Brattleboro May 3d 1832 Then personally affected the above named Joshua Winchester and made solemn oath that the above deposition by then subscribed contains the truth and nothing but the
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37 June 8 Asa Dutton 22708 
Set T June 11th Thaddeus Miller 18603 Vt Wh [Vermont Windham]
Copy paper 
May 30.
Hn [Honorable] H Hall
HR [House of Representatives]
Commissioner of Pensions
Washington
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Ho [Honorable] Reps [Representatives], May 29, 1838

Dr [Dear] Sir

I wish for a copy of the Declaration of Asa Dutton, now deceased for a Pension, & also a copy of the declaration of Thadeus [Thaddeus] Miller, in which they speak of serving under Maj [Major] Josiah Boyden in the revolutionary war - I wish the copies to use before a committee of the House & with as little delay as practicable - 
Very respectfully
Your Obt Servt [Obedient Servant]
H. Hall
Comr [Commissioner] of Pensions
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P 18509

INVALID

File No. 18,509
Thaddeus Miller
Pri Rev War

Act: June 7th 32

Index:- Vol. 1, Page 260

[Arrangement of 1870]
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Thaddeus Miller’s New Declaration Windham County Vermont
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Case of Thaddeus Miller
Admit Indy -
8 months -
James Elliot Eq [Esquire]

New Fane Vt [Vermont]
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WAR DEPARTMENT. Pension Office, 19 April 1833 
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 show 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

[column headings: Period when the service was rendered. Declaration of the claimant’s service. Years. Months. Days. 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.]

I am, respectfully, Your obedient servant, J. L. EDWARDS, Commissioner of Pensions.
Mr Thaddeus Miller
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2
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, mucicians 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
Country of 
} ss.
On this day of personally appeared (a) before 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 provisions made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in year 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 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 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 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 application 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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3 
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 ex-expected [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 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 

[Footnotes]
[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 cases 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensions and the length of his service. The use of the phrase [italicized] 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 serviced; the duration of 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 the garrison; and for the time during which their 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 the signature of the certifying officer, should accompany the papers.

Mode of authenticating papers. 
In every instance where the certificate of the certifying officer who authenticated 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 a 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 the tot certificate.

Proof of Service.
[j] I 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. [begin underline] The magistrate who may administer the oath must certify to the credibility of the witnesses, [end underline] and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[illegible] The notes from [a] to [i] are equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to 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 be [illegible] written, and sent to the War Department, with the declaration.