Revolutionary War Pension and Bounty Land Warrant Application File Old War Inv. Rej. No 16443, for Jacob Miller, Maryland
Page 1

SERVICE
Not Rev.

Miller, Jacob

NUMBER
Old War Inv. Rej.
No. 16443

Gen St. Clair's Ind War. 1791

Res [illegible] enl. - Md
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IN TESTIMONY WHEREOF, I have have hereunto set my hand and affixed my seal of office, the day and year last above written.
Willis M. Witt
Notary Public

[pointing finger] If not acknowledged before an officer having an official seal, his official character must be attested by the certificate of the Clerk of a Court of Record of the proper county, under his seal of office, which certificate must be so attached as that the imprint of the seal may appear on this papers.  No Revenue Stamp required

[oval stamp]
DEPARTMENT OF THE INTERIOR
APR
5
1879
[illegible]
[illegible]
[/stamp]

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POWER OF ATTORNEY
No. -------
Claim of
16443
for
Rejected

FILED BY
Isaac Hitt
Chicago
JUS

Printed and sold by H. W. Moore, 511 11th st., Washington, D. C.
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Power of Attorney

Know all Men by these Presents, That I Charlotte M. Livuley  of  N 987 Neat Adams M Chicago W Illinois, have made
Page 4

State of Illinois}
County of Cook} SS.

Be it Known, That on this 31 day of March
in the year eighteen hundred and seventy-nine, before me, the undersigned, a notary
Public in and for said County and State, personally appeared Charlotte
M. Lumley to me well known to be the identical person who executed
the foregoing Letter of Attorney, and the same having been first fully read over to h and the
contents thereof duly explained, acknowledged the same to be h act and deed, and that I
have no interest present or prospective in the claim.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal of
office, the day and year last above written.

[seal imprint affixed] Willis M. Witt [sig]
Notary Public.

[date stamp] DEPARTMENT OF THE INTERIOR OFFICE APR 5 1879 [illegible]

If not acknowledged before an officer having an official seal, his official character must be attested by the certificate of the
Clerk of a Court of Record of the proper county, under his seal of office, which certificate must be so attached as that the imprint of the seal may appear on this paper.  No Revenue Stamp required.
Page 5

State of Indiana}
Scott county.} Sct.

Be it remembered that on this 9th day
of May in the year of our Lord on thousand eight hundred
and forty two, personally appeared before the Probate court
in and for the county of Scott and state of Indiana, in open court,
the court judicially sitting, (said court being a court of Record, having
a Clerk and official seal, and so declared by the law of the state
of Indiana creating said court) Jacob Miller, a resident of
the said county of Scott, aged seventy two years, on the 10th
day of May Inst. who being duly sworn according to law;
in open court, makes the following declaration in order to
obtain the benefit of the act of congress passed the 25th od
April 1808, for the benefit of invalid & wounded while in
the service of the United states, since the Revolutionary war.
upon his oath, says, that about the latter part of the month of
August in the year 1790, or 1791. (he cannot state certain which)
he resided near Hagerstown in Maryland, on the Potomac River, and
at that time enlisted, (when in the eighteenth year of his age) under
Capt. William Price, for the term of six months, to serve I the
Frontier and Indian war, West of the Ohio River, that he received
four dollars bounty money at the time, & signed the article of his
enlistment, and was mustered into service, in said Capt. Price’s
company, at Hagerstown, the latter part of August in the year
1790 or 1791. in the service of the United States troops under
General St. Clair.  That after his said enlistment the troops
under Capt. Price, & he thinks Capt. Lewis, also, remained at
Hagerstown aforesaid about three weeks, when Genl. St. Clair
marched up from Fredericksburg, he thinks to Hagerstown,
with other troops, when the troops at Hagerstown were then
Page 6

all joined together under the command of Genl. St. Clair,
when the troops were all marched from Hagerstown to Ft. Pitt.
on the Ohio River; and from Ft. Pitt, the troops were all taken
in Boats to Cincinnati, and from Cincinnati Gen;. St. Clair
marched the troops into the interior of the country, Northward
through the wilderness, for the purpose of routing the
Indians, and he thinks, about the fore-part of November
afterwards, in the year 1790 or 1791. the Indians, attached
the troop to which this declarant then belonged, under the said
Capt. Price, under the command of the said Genl. St. Clair,
early in the morning, between daylight & sunrise, and the
engagement between the Indians & St. Clair, commenced &
the Battle was then and there fought, by Genl. St. Clair, and the
Indians, which is yet known as St. Clair’s defeat; That this
declarant was in the engagement or Battle of St. Clair’s defeat
as aforesaid, and was shot with a rifle-ball, in that Battle
in the right arm, near the wrist joint, which broke the
inside bone of his right arm, and fractured the wrist joint
and wounded and infirmed this declarant, so as to render
him unable for service at the time.  That the United
States troop under Genl. St. Clair, were defeated in the
engagement, and retreated with a great loss, of killed and
wounded; That one Henry McNitt, a mess-mate, of this
declarant, in Capt. Price’s company, was wounded in the thigh
by a Rifle ball, in the same Battle, about the same time, this
declarant was wounded, And that said McNitt & this
declarant, both Retreated together from the Battle grounded
about the distance of a mile or two, he thinks, & crept into
a large Hollow log, the Indians in pursuit of them passed
over the log while they lay in it; that they remained secreted
in the log until night came on, when they made their
escape, in the night; that they traveled every night, and lay
Page 7

bye, hid, in the day time,) until they reached Cincinnati, about the
third morning after the defeat.  That when they reached Cincinnati
Genl. St. Clair, & the remainder of the troop, that made good
their retreat from the massacre, had left Cincinnati.
McNitt & this declarant remained at the Fort at Cincinnati,
about three weeks, under a Doctor or Surgeons care (whose name is not
recollected) in the Fort, who took out of this declarant’s wounded
arm, seven pieces of bones; and the wound getting over its
extreme pain, this declarant and McNitt both went from
Cincinnati to Lexington in Kentucky; That this declarant
has resided since his return to Lexington in the counties of Fayette &
Woodford in Kentucky, until the year 1829. he removed
to Scott county Indiana where he now resides.
That he never Received a discharge form the service on
account of the manner of their defeat, and retreat, from said
Battle nor did ne ever Received a certificate from any
Surgeon, describing the wound, or the time & place of receiving
it.  That he is illiterate, and had always been told
that he never could get a Pension, unless he had been
wounded in the Revolutionary war, until about three years
ago, one Robert Wassen, of Jefferson county Indiana,
told this declarant he could get a Pension, on account of
his said wound; And that he entrusted the matter to said
Wassen, supposing he would attend to it properly, but that
he has neglected it; This declarant says, that he went to
Nelson county, Kentucky, three years ago last fall, under
said Wassen’s instructions to get an affidavit or Deposition
from his brother Christopher Miller, who reside there,
to prove that he enlisted in the service as aforesaid, at
Hagerstown in Maryland.  That he got said affidavit 
or Deposition, from his brother, sworn to before one Esq. Carver
Page 8

a Justice of the Peace of Nelson county, Kentucky, in the fall of
the year 1838, proving that tact & that the affidavit or
Deposition of his said brother, was handed to said Wassen, in
whose possession, he believes it yet remains.  That recently
he got one Joshua P. Cooper of Clark county, Illinois, to attend
to the matter as his attorney.
That his captain, William Price, under
whom he served, also, Genl. St. Clark, the Doctor, or Surgeon
who attended him, at the Fort at Cincinnati, are he believes
all dead, his captain was killed in the Defeat, or massacre,
that McNitt, who was his messmate & wounded at the same
time, & returned home with him to Kentucky, is also, dead
and that his brother Christopher Miller, whose affidavit or
Deposition he took as aforesaid in the fall of 1838, has died
since that time, and that he does not now know of any
person living, by whom he can prove either his said enlist-
ment or the fact of his being wounded as aforesaid; That
the other persons who messed with him, in the campaign
were all killed, but one in the Battle of defeat aforesaid, viz, Martin
Roarer, who he understood returned to Maryland, and died
some years ago, he was also, wounded in the hand by a ball at
the same time.
He further states that it is wholly out of his power
to comply in the proof of this his case, with the rule adopted by
the War Department, December 23. 1817. and with the amendment
thereto adopted June 17. 1834. as to the facts of his wound
and consequent disability, but prays, that justice may be done
him in this application under the circumstances, as they now
exist, and are herein specified. neither does he know
of any person, by whom he can prove the death of his
officers, under whom he served as aforesaid, or of the
Surgeon aforesaid but  supposes the facts as known by
Page 9

and from the history of the county, in Relation to St. Clair
defeat, and the facts and circumstances attending it, as herein
Related will be looked upon in excuse, of direct proof as
required under the rules aforesaid.
He further declares, that he is rendered unable from
the wound and injury Received in Battle as aforesaid
to procure a living by manual labour, having no
occupation or trade and [?] to follow any pursuit
of labour for a living; he therefore needs the
asistance of his country, and prays that the [?]
herein sought may be awarded him by the [?]
Department, for and an account of the wound and 
injury herein stated. All of which will more
fully appear by Reference to the proof & Surgeons
certificate here to annexed.
He further declares that he has never as yet Received any
pay or compensation from the United States for and on account
of his said enlistment or service under it, or for and on account
of his said wound or injury aforesaid, nor has he ever drew
any pension from the United States, nor has he ever been
placed on any Pension [?] or Pension agency, of the United
States, or any state or territory thereof. But that he has remained
wounded and disabled as aforesaid, ever since the Battle of St.
Clair defeat as aforesaid.
Sworn to & subscribed in
open court, the court judicially
sitting this 9th day of May
A.D. 1842.
Gabez Reeve
Probate Judge
Jacob + his [?] Miller
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State of Indiana}
Scott county} Sct.
I Willis L Taylor Clerk of the circuit
court and ex-officio, Clerk of the Probate court
in and for the county of Scott and state of Indiana, do certify
that the foregoing five pages, contains the original proceedings
of the said court of Probate in the matter of the Declaration and
application of Jacob Miller for a Pension; as sworn to
and subscribed by and before Jabez Reeve the Probate
Judge in and for the said county of Scott, in open court, on
this day, the court judicially sitting, and that the Signature
of the said Jabez Reeve as such Probate Judge thereto
[seal affixed]
In testimony whereof, I have hereunto
subscribed my name and affixed the
official seal of Circuit Court of said County there being no seal provided
[said court/crossed off] , at my
office in Lexington this 9th
day of May Anno Domini 1842.
Willis L Taylor [sig] Clk
Page 11

Surgeons Affidavit.
4th May 1842.
It is hereby certified, that Jacob Miller, a private, in the
Company commanded by Capt. William Price in the
Regiment (not Recollected) of the United States, from Maryland
is rendered incapable of performing the duty of a soldier, by
Reason of wounds or other injuries inflicted while he was
actually in the service aforesaid, and in the line of his duty,
viz: at the Battle of General St Clair's defeat, in the year
1790, or 1791.
By satisfactory evidence and accurate examination,
it appears that on or about the third day of November
in the year seventeen hundred and ninety, or seventeen
hundred and ninety one, being engaged in Battle at a place
called St. Clair's defeat in the state of Ohio, he Received
a wound by a ball in his Right arm which wound received
in the lower esthemitis [sp?] of bones of the fore arm, fracturing
both bones, & dislocating their heads from the carpal
bones of the wrist passing through the muscle of the forearm
greatly injuring them, & the other soft part of the wrist,
the dislocation remaining up to the present times
unreduced and unadjusted
And he is thereby not only incapacitated for military duty, but,
in the opinion of the undersigned, is in three fourth degree, disabled from
obtaining his subsistance from manual labor.
Sworn to [?] before
me this 24th day of
May A.D. 1842. 
Joshua [?]
Justice of the Peace.

John Addison, M.D.
James B Wilson
Surgeons.
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State of Indiana}
Scott county} Sct.
I Joshua W Read the Justice of the Peace
before who the before named James B. Willson
and John Addisson M.D. surgeons, took and subscribed the
foregoing certificate and affidavit of said surgeons, as to the
degree of disability of Jacob Miller therein stated,
do certify, that the said James B. Wilson and John Addison, M.D.
are good reputable physicians and surgeons, and as such are
reputed and believed in the said county of Scott, where
they reside.  Given under my hand this 24th day of
May A.D. 1842.
Joshua W. Read [sig] {Seal}
Justice of the Peace.

I Joshua W Read the justice of the Peace below, before
whom the underneath Depositions of John James & Elizabeth James
were taken taken subscribed and sworn to, on this day, do certify
that the said John James and Elizabeth James, are citizen residents
of the county of Scott and state of Indiana, and that their
statements are entitled to credit, and the they are persons of true
veracity & credibility, which I certify from my own personal
knowledge.  Given under my hand this 24th day of May
A.D. 1842.
Joshua W. Read [sig] {Seal}
Justice of the Peace.
Page 13

State of Indiana}
Scott county} Sct.
On this 24th day of May, A.D. 1842.
personally appeared before me Joshua
W. Read one of the justices of the Peace in and for the
county of Scott aforesaid, John James and Elizabeth James, Residents of said
county, aged fifty five years past, who being by me duly
sworn according to law, upon their oaths say that they are
personally acquainted with Jacob Miller, the declarant,
named in & who swore to & subscribed the above hereto
annexed declaration for a Pension, that we have been
familiarly acquainted with the said Jacob Miller for
the last thirteen years past in the count of Scott aforesaid.
That we know the fact that he is disabled in the Right
arm and hand and wrist, that his wrist is stiffened,
that it bears the mark of a wound by a ball; that
said Miller cannot use his arm or hand well, that he is unable
to labour like an ordinary able bodied man on that
account; that he is unable to procure a living, from that
wound; that he has been in that situation ever since we
knew him as aforesaid; That we have heard said
Miller, often tell over the facts as related by him in
his said declaration hereto annexed, that he was wounded
in his right arm & hand in the Battle at St. Clair’s defeat
that we believe his statements are true of the battle and wound
aforesaid, and that his wound and injury aforesaid
is solely to be ascribed to the wound rec’d, while in the
battle aforesaid and that said Resides in Scott county aforesaid.
Sworn to & subscribed before me} John [his mark] James
this 24th day of May A.D. 1842.}
Joshua W. Read [sig] J.P.} Elizabeth [her mark] James
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State of Indiana}
Scott county} Sct.
I Willis. L. Traylor Clerk of
the circuit court in and for the county
of Scott and state of Indiana, do certify, that Joshua W.
Read, whose official signature appear to the above
and foregoing Surgeons affidavit, & certificate of disability
and to his certificate of said Surgeons, reputation, and to
the foregoing Deposition of John James and Elizabeth
James, and to his certificate of their credibility, was on
the day of the dates thereof Respectively, an acting Justice
of the Peace in and for the said county of Scott, duly
commissioned and qualified as such, that full faith
and credit are due to all his official acts, and that
his said signature thereto respectively are genuine.
[seal affixed]
In testimony whereof, I have
hereunto subscribed my name
and affixed the official seal of
said court at my office in
Lexington this 24th day of
May Anno Domini 1842.
Willis. L. Trayler, [sig] Clerk
Page 15

H. CRAWFORD & S.P. McCONELL,
ATTORNEYS AT LAW,
95 DEARBORN STREET,
Chicago, [blank] 187

N.C.W. & B.S. Division
LCW
W	(Copy)
Sir:
I have the honor to acknowledge the receipt of the enclosed
letter dated February 7. 1878 and in reply to inform you
that the claim of Jacob Miller No. 16443. was filed in
this office in June 1842 but was not allowed prior to
soldier’s death.
All allowance of pension or arrears of pension
is forbidden by the provisions of section 4742 Revised
statutes which provides “that no claim for a pension or arrears
“of pension shall be allowed in favor of the children
“or other descendants of any person who served in the
“Revolutionary war or the widow of such person when
“such person or his widow died without having established
“a claim to pension.”

Very respectfully
JN Bently [sig]
Commissioner.

Hon C.H. Harrison
House of Representatives
Page 16

Office of Illinois State Agency,
ISAAC R. HITT, Agent,
For adjusting the Claims of the State of Illinois against the United States to Lands, and Indemnity under the Acts of Congress
of 28th September, 1850, 2nd March, 1855, and 3rd March, 1857.
OFFICE:  204 LA SALLE STREET.
Chicago, Illinois, March 31” 1879

Hon JA Bentley
Com Pensions
Washington D.C.

D Sir
Mrs CM Lumley of 987 W Adams st Chicago Ills has
brot to us your letter of 14 Feby/78 to Hon CH Harrison H.R. relative
to claim of her Father Jacob Miller for Pension No 16443 claim
filed June 1842 in which you call attention to Sec 4742 R.S.
which refers to services in Revolutionary war – this don’t apply in
Millers case as he was in war of 1812.
She also gives me your letter of 26 March 1878 to SP McConnell
of N 95 Dearborn st Chicago Ills relative to same case in
which you speak of Miller service in Indian war of 1791
& you call attention to Sec 4713 R.S. as cutting off the claim.
Then this claim belongs to war of 1812 & claim Mrs Lumly as
only surviving Heir makes in for arrears of Pension one Jacob Miller
as soldier of war of 1812 up to date of his death in 1858 &
she asks to be allowed to furnish any evidence or proof that
may be necessary to complete the evidence & [illegible]
Yours
Isaac R Hitt [sig]
[vertically in left margin]
Jacob Miller was discharged for gunshot wound in service of 1812 & never recovered from it.

[date stamp in middle of page]
DEPARTMENT OF THE INTERIOR OFFICE APR 5 1879 PENSION
Page 17

H. CRAWFORD & S.P. McCONNELL,
ATTORNEYS AT LAW,
95 DEARBORN STREET,
Chicago, March 22nd 1878.

Hon. J.A. Bently
Comr’s of Pensions
Washington D.C.

Dear Sir:
A short time ago I wrote to the Hon.
Carter H. Harrison. M.C. concerning the case of the children of
Jacob Miller, a soldier in the war of 1812.  Miller was wounded
in his hand and as consequence lost the use of it.  He filed his
application for Pension in June 1842. (application No. 16443)
For some reason Miller did not press his claim and no
disposition was made of it and he did in 1858.  I asked Mr.
Harrison to present my letter to the proper officers at
Washington and ascertain what was the prospect of obtaining
for the children of Jacob Miller, provided the case stated
was proven satisfactorily, the amount which their father
would have been entitled to prior to his death, if the
pension had been allowed to him on his application.
The reply from your office was to Mr. Harrison and he
forwarded the same to me.  I enclose a copy of your
reply.  You will see from my letter that our claim
Page 18

H. CRAWFORD & S.P. McCONNELL,
ATTORNEYS AT LAW,
95 DEARBORN STREET,
Chicago, [blank] 187.

arose out of the war of 1812.  The section quoted from the
Statutes refers to the Revolutionary war.
I am unable to find any-
thing in the Statutes which cuts our claim off but
I was anxious to know whether there was a precedent
for its allowance, and if so, in what shape the claim
should be presented and what proof would be re-
quired.  By giving me this information you will
oblige.

Yours very respectfully
S.P. McConnell [sig]

[date stamp]
DEPARTMENT OF THE INTERIOR PENSION OFFICE MAR 25 1878
Page 19

N.O W. and B. S. Division

L.C.W.
Department of the Interior, 
Pension Office,
Washington, D C., March 26th, 1878

Respectfully returned to S. P. 
McConnell Esq. 95 Dearborn Street
Chicago, Illinois, with the informa-
tion that at the date of Jacob Miller's death in 1858 there was
no pension due, as the claim
No. 16.443 not completed prior
death of the soldier. If Mr. 
Miller's death was a result of
service in the line of duty during
the Indian War of 1791

Commissioner.
Page 20

[mailing envelope]

Marshall Ills.}	free
8th. June 42.

Hon. J.L. Edwards, Comm of Pensions.
Washington City.
D.C.
Page 21

State of Illinois, Clark county,
Marshall 8th. June 1842.

Hon. J.L. Edwards}
Comm. of Pensions}

Sir,
I have the honor, to herein enclose
to you the Declaration, & Surgeon’s certificate, with the answered
proof of Jacob Miller of Scott county, Indiana, for an invalid
pension.
It is hoped that this case may meet with a favourable
construction under all the circumstances; it will be perceived,
that the rules & regulations of the Department, as now adopted, are
so rigorous that in many meritorious claims, of this kind, it
is wholy out of the power of the claimant, to procure the
requisite proof, especially in such a case as those who were
wounded in St. Clairs defeat, & in a case described like
the present application.
Please address & enclose to me at this place, all correspondence
& documents, in relation to this claim.
Will you please say, in reply to me whether the heirs of a
widow who is entitled to a pension under either of the acts of July 4.
1836. or under the act of July 7. 1838. in a case where the
widow failed to apply & has died since the pension fell due
to the widow, under either of said acts.  and if the heirs
as entitled to the widow’s pension in such cases, please
enclose to me, the laws, rules, & forms adopted in such
cases.
Page 22

Jacob Miller
Invalid
Illinois [intelligible]
Lee June 16 1842
to J. P. Cooper
[intelligible]
Page 23

July 19 - 1879
Jacob Miller died 1858 without having completed his claim to pension, therefore there can be no [illegible] done under the pension [illegible]. 4713 Rev. Statutes the claim must [illegible] until 1842. Fifty years after the
Page 24

16443 Indian War 1791

Jacob Miller
Illinois

REJECTED [stamped]

1657
1657 [crossed out]

Feb. 14/78 condition [illegible]
C. H. Harrison
[illegible]
--------------------------------------
Mar. 26/78 condition WS.P.
McConnell Chicago Ils.
White
--------------------------------------
1879-7-19. atty J.R.H.
[illegible]