Revolutionary War Pension and Bounty Land Warrant Application File R. 6,794, for James Mc Millen, New Jersey

SERVICE
NUMBER
New Jersey
or McMillen, James or McMillin, or McMillan.
R. 6.794
CONTENTS
Jane.

New York No. 557
James M. Stillan
of Ontario in the State of New York who was a Private in the Company commanded by Captain Schenck of the Right Column commanded by Col. Holmes in the New York line for 12 months
Inscribed on the Roll of a New York at the rate of $10 Dollars 00 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 11th day of April 1836 and sent David H. Neil Phelps, Talana Co. N.Y.
Arrears to the 4th of March 1836 $200.00 Semiant. allowance ending 4 Sept " 20.00 $220.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by Wm Reddick Clerk Book C2 Vol. 4 Page 45
See letter to J. G. Austin, Aug. 27-1839.
Paid at the Treasury under the Act of the 8th April 1833 from 4 Sept 1831 to 4 Mar 1837 and from 4 Sept 1837 to 4 March 1839. Age notes 17 March 1840
Hon B. Prince Feb 7, 1854

No 15217 James M c Millan
and James
New York
July 7. 1838.
Reported
Married 1838
He died 1840.
He died 1842
M. H. Fitzgerald. Elmer, New York.

Charles McMillan
Know all men by these Presents, That The William McMillan, Robert McMillan, Joseph McMillan of Phelps Ontario County New York
Elizabeth Jenkins have constituted and appointed, and by these presents do constitute and appoint Miss H. Wynn , of Almond, Allegany Co., New York, our true and lawful Attorney, irrevocably, with power of substitution for us and in our name, place and stead, to ask and receive of and from the United States any Bounty Land, Extra Pay, Pensions, Patents, Money or Moneys that now is or are due to us on account of services rendered, disbursements made, or expenses incurred by James McMillan (on account of pension due from McMillan his widow) while in the service of the United States, or on any other account whatsoever, and in our name to give receipts and other sufficient discharges, for such Bounty Land, Extra pay, Pensions, Patents, and money due as aforesaid, and to attend to and prosecute any and all business of whatever nature we may have with or before any of the Departments of Government or Congress, and, generally, to do any and every other act or acts, that we might or could do, were we personally present at the doing thereof; hereby ratifying and confirming whatever our said Attorney shall do in and about the premises by virtue hereof, divers good causes and valuable considerations, me thereunto moving. with power of substitution
In testimony whereof, we have hereunto set our hands and seals this ninth day of September 185 4
Signed, sealed and delivered in the presence of Charles Jenkins William McMillan Robert McMillan
Charles McMillan William McMillan Joseph McMillan Robert McMillan
State of New York
County of Ontario } Ss. On this ninth day of September 1854 personally appeared William, Robert & Joseph McMillan, Charles McMillan before me, and acknowledged the foregoing Power of Attorney to be their free act and deed for the purposes therein contained. And I further certify that I have no interest whatever in the event of this application. Sysander Reedfield. Justice of the Peace, of Phelps in and for Ontario County
State of New York
County of Ontario } Ss. I HEREBY CERTIFY, That Sysander Reedfield Esq., before whom the foregoing acknowledgement was made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace, in and for the county aforesaid, duly commissioned and sworn.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of Ontario County Court, this 11th day of September one thousand eight hundred and fifty four
John L. Sym Clerk.

Brief No. 7977
James McMillen
4.5
detailed statement received
18 Sept. 1832 J. H. M.
Page 80.
David McNeil
Agb

N o 7977
BRIEF in the case of James McMillan of Phelps County of Ontario in the State of New York (Act 7th June, 1839.)
1. Was the declaration made before a Court or a Judge?
Before a Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he?
68 years
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     In 1779 - a 80 and served in the Minute Service until the close of the As a Capt. John Schenck - Col. Asher Holmes  
5. In what battles was he engaged?
none
6. Where did he reside when he entered the service?
at Freehold - New Jersey
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
1 living witness & traditionary evidence
8. Are the papers defective as to form or authentication? and if so, in what respect?
They appear to be correct
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
James Ord
Examining Clerk.

State of New York Albany County ss
On this 11 th day of July 1857 Com't appeared the Supreme Court of the United States at a Circuit Court held at the Court house in Albany in the County of Albany Hon Justice B. F. Green Presiding Reuben B. Fairchild aged forty six years a resident of the Town of Almond in Linn County who being duly sworn doth upon his oath depose and say that about twenty two years ago he became acquainted with James McMillen then residing in Phelps Ontario Co. N.Y. and from that time resided in the adjoining neigh- borhood and knew him until the period of his death which occurred in the year 1842 that he also knew Jane Mc Millen wife and subsequently widow of the said James McMillen knowing that until the death of the said James they resided together as man and wife were reputed to be lawfully married and the property thereof and the heirship of their children this deponent although well acquainted in their neighborhood this deponent

never doubted or heard Caleb in question by any one That the said John McMill- en died in the month of August 1842.
That there are children of the said James and John Mc Millen the following viz. Elizabeth wife of Charles S. Hutton Residing at Almond New York; Cornelius McMillen since deceased Robert Mc Millen Residing in Phelps Joseph Mc Millen Resi- ding at Phelps; William also residing at Phelps. Charles Mc Millen residing at Romulus N.Y.
That the said John Mc Millen received the release of the said James McMillen from his oath to her account
Reuben V. Fairchild
And the said Court do hereby declare their opinion that the above named Matters stated in the proof above made by the said R. V. Fairchild are true and his statement above made entitled to full faith and belief
I James M. Nott Clerk of Wayne County and of said Circuit Court do hereby certify that the above is the original proceedings in the Circuit held at Canajoharie in said County
On the 11 th day of July 1854 Hon B. H.
John Justice Presiding in the matter of proof upon the application of Elizabeth Hutton for an account of the estate of James McMillen and services of James McMillen
James M. Nott Clerk

State of New York
County of Allegany
On this 11 th day of July in the year of our Lord one thousand Eight hundred and fifty four personally before the Supreme Court of the State of New York aforesaid at a circuit held at Angelica in Said County of Allegany Elisabetto Jenkins a resident of the town of Almond in Said County of Allegany aged forty four years, who being first upon her oath duly sworn according to law upon her said oath make the following declaration in order to obtain the benefit of the act of Congress passed.
That she is the daughter of James and Jane Mc Miller
That her said father as she is informed and believes performed service as a soldier in the Army of the United States in the war of the Revolution that he enlisted in the Company Company of Capt John Schenck Col. Holmes Regiment of Militia in 1778 at the Monmouth Co. N.J.
That he at that time resided at Freehold Monmouth Co. in the State of New Jersey that this declarant is informed and believes that he remained in said service as a soldier during the remainder of the war and until its close

That her said father was granted & enjoyed a pension from the United States for his said service and died in the year 1840 at Phelps Ontario County, August 30 th of that year That her said father and mother as she is informed and believes were lawfully married at Monmouth County New Jersey on on about the year 1789 by one Dubois a minister of the Gospel
That her said mother remained a widow from the death of the said James McMillen until the 30 th day of August 1842 when she died at Phelps, Ontario County aforesaid
That she is informed and believes that the said Jane McMillen never drew any pension for her James said son except for an arrear of pension his due at the time of his death
That this deponent is heir at law of the said Jane and James McMillen and their daughter
She further declares that she has received no pension or arrear of pension which may be due to her by reason of the service of her said father in said war or by reason of the decease of her said mother previous to her obtaining any pension but that she has made an appl

ction for the amount she may be entitled to as heir of James and Jane McMillan, by declaration made before a Justice of the peace instead of Court of Record which application was as she is informed and believes forwarded to the Commissioner of Pensions sometime in the year 1853 by John R. Hall Esq. of Hornersville, then her agent & attorney for that purpose. That accompanying said declaration are proofs of the marriage of the said James and Jane Mc Millen, his death her widowhood and death and the heirship of this declarant to which the said Commissioner is referred in this application.
Herbert S. N. Sims

Said the Said Court do hereby declare their opinion that the above named James Mc Millen was a Revolutionary Soldier as above stated; that the Said Jane Mc Millen was his widow as above stated and that the Said Elizabeth Jenkins was & is heir of the Said James and Jane Mc Millen
I James M Mott Clerk of Allegany County and of Said Court do hereby certify that the foregoing contains the original proceedings of the Supreme Court at a Circuit held at the Court house in Angelica in the Said County of Allega- ny on the 10 th day of July 1854. Hon B. F. Green Justice presiding in the matter of the application of Elizabeth Jenkins for pension due Jane Mc Millen
In testimony whereof I have hereunto set my hand and the seal of said County of Said Court this 11 day of July 1854 Jas. M. Mott, Clerk

James McMillan Declaration 1977
Admission Private 12 monthly
David McNeil Phelps Ontario County New York
Passport -

We, Isaac M. Norton John Buffum a Clergyman residing in the Town of Phelps in the County of Ontario and State of New York
and Justin Coats residing in the Town of Phelps in the County of Ontario and State of New York hereby certify that we are well acquainted with James McMillan who has subscribed and sworn to the above declaration, that we believe him to be fifty 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.
Sworn and subscribed the day and year aforesaid.
in open Court, Charles Crane, Clerk
Isaac M. Norton Justin Coats
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 John Buffum who has signed the foregoing Certificate is a Clergyman residing in the Town of Phelps in the County of Ontario and State of New York and Justin Coats residing in the Town of Phelps in the County of Ontario and State of New York and is a credible person and that their statement is entitled to credit.
Isaac M. Norton and Justin Coats, who have signed the foregoing Certificate, are both residents of the town of Phelps in said County of Ontario, and that they are credible persons, and that their statement is entitled to Credit.
I, Charles Crane , Clerk of the Court of Common Pleas aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James McMillan for a Pension.
In testimony whereof I have hereunto set my hand and seal of office, this Twenty-seventh day of August A. D. 1882.
Charles Crane

STATE OF NEW YORK, Southamp COUNTY. } ss. James McMillen
ON this Twenty-seventh day of August 1832, personally appears in open court, before the Judges of the Court of Common Pleas in & for said County, - now sitting a resident of Phelps in the county of Ontario
and State of New York aged sixty eight years, who being 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, and served as herein stated. In the year 1776 or 80 in the month of March he first entered service in Captain John Schencks company of New Jersey Militia in Col. Abner Dows Regiment in the Brigade commanded by General David Forman and served in the minute service until the close of the war. His first duty was at Pleasant Valley in the State of New Jersey in the county of Monmouth (exists) in defense of a Regiment 1500 strong of the enemy then lying at Pleasant Valley, which engagement was kept up during most of one day, the enemy continued on the retreat, pursued them as far as Sandy Hook, where they returned home. That in the year 1781 or 1782 he was in the same company and Regiment again appearing in defense of a Regiment of Black men (Battalion) Col. Dows Regiment at the time the main prison of Captain Braddy & took him to Sandy Hook where he was executed. He was engaged at the time in the attempt to rescue Captain Braddy from the hands of the enemy having which they kept up a main fire in preventing them to Sandy Hook. That in the same year in company with the other men attempted to make prisoners of the British Army and some they killed and his party whom they were lying in wait for and came in contact with but after firing upon them they were unsuccessful and succeeded in making off with their property. (Was then in the town of Shulots in the county of Monmouth New Jersey) in the year 1764 in which town he resided when he entered service and in which town he resided until the year 1806 when he emigrated to the State of New York. That he now resides in the town of Phelps County of Ontario & State of New York and has resided there for the space of more than three years past - that he has no documentary evidence of service but is well acquainted with John Ireland whose certificate is herewith attached, who knew him while in the service. That he is also well acquainted with John Dwyer, John Dwyer and Justin Coats who reside in my neighborhood, & can testify to his character for veracity and his services as a soldier of the Revolution.
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.
Sworn to and subscribed the day and year aforesaid. in open Court, Charles Crane, Clerk
James McMillen

See further correspondence in Joseph 5.42937
November 2, 1939.
XXXXXXXXXXXXXXXXXXXX
Miss Bertha L. McMillan Phelps, New York.
BA-J/60 James McMillen R.6794.
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of Neal, Daniel, John and James McMillin, variously spelled, of Freehold, Monmouth County, New Jersey.
There is no claim for pension on file based upon service in the Revolutionary War of the Neal, Daniel nor John McMillin, cited above, under any spelling of that surname. The data which follow were obtained from papers on file in pension claim, R.6794, based upon service of James McMillen in the Revolutionary War.
James McMillen was born in the year 1764, in Freehold, Monmouth County, New Jersey, and was the youngest son of Cornelius McMillen. The name of his mother is not shown. His name is also shown as McMillin, and McMillan.
While a resident of Freehold, New Jersey, James McMillen, enlisted March 1, 1779, served as private nine months in Captain John Schenck's company, Colonel Asher Holmes' New Jersey regiment; and was in an engagement at Sandy Hook; enlisted March 1, 1780, served as private one year in Captain John Schenck's company, Colonel Asher Holmes' New Jersey regiment, was in a skirmish at Middletown Point, and at "Kavarkunk" on the shore near Navesink Heights; enlisted April 1, 1781, served six months as private in Captain John Schenck's company, Colonel Asher Holmes' New Jersey regiment, was in an engagement near Sandy Hook; enlisted in 1782, served as private fifteen weeks in Captain John Schenck's company, Colonel Asher Holmes' New Jersey regiment, and in 1783, he was out on scouting parties, details of this service not stated. A part of his service was rendered as substitute for his brother, John, who served prior to 1779. John was then staying at home to support his mother and father.

After the Revolution James McMillen resided in Freehold, New Jersey until 1806, when he moved to New York State. He was allowed pension on his application executed August 27, 1832, at which time he was residing in Phelps, Ontario County, New York, where he had lived more than one year.
He died August 30, 1840, in Phelps, New York.
He married about 1789, in Monmouth County, New Jersey, Jane, her maiden name not shown, nor date and place of her birth. She died August 30, 1842, in Phelps, New York.
Names of their children are shown as follows:
In 1854, Elizabeth, wife of Charles S. Jenkins, was aged forty-four years and a resident of Almond, Allegany County, New York. In the same year Robert, Joseph and William were residing in Phelps, New York and Charles at Romulus, New York. Cornelius was then deceased. One Willard McMillen witnessed the signature of Elizabeth Jenkins, in 1854, his relationship not stated.
In 1833, reference was made to soldier's brother Daniel.
No further family data are shown.
Very truly yours,
A.D. HILLER, Executive Assistant to the Administrator.

1911 Feb. 3. Hist. 15
Mrs. Pina McMillen Read
Feb 3 10 1911 Mrs. T.R. Mem.
Read advised that claim of children in 1864 was rejected & no claim for Cornelius McMillen. aw.
1939 Nov 2 visit to Miss Bertha McMillen
Acts of July 14, 1862, and March 3, 1873.
REJECTED
0794.
P. O. _____
Janet McMillan
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York Rev.
James H. Miller Discontinued for March 1835 at 250 per share to S. Miller 18 April 1835
the 25th March 1835 S. Clark
Act. 7 June 32

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by A. B. Wilson Feb. 9, 1911.
Claim No. _____
Certificate No. _____
Claimant _____
Soldier Cornelius McMillan Mc Miller
Service _____
Additional Service Rev.
No. _____ claim, State records _____, 191__
No claim, combination records _____, 191__
REMARKS:
No Sur. Wid or Ry. us above

Personally appeared before me Nathaniel Goddard a justice of the Peace of the Town of Goshen & County of Livingston State of New York, John Freeland of the town and County aforesaid and made oath that he was personally acquainted with James M'Millan of the State of New Jersey and that he saw him at Van Dorn's Mill in Pleasant Valley when he was returning from the battle that he was called out in the same engagement in July 1779
Subscribed and sworn before me this 15 th  May of August 1832
John Freeland
Nathaniel Goddard Justice
We the undersigned are personally acquainted with John Freeland and as far as we know is a man of truth & veracity
Nathaniel Goddard J.P. Allan Haysvard Alaydon T. Drake Richard Price F.M. Keith David McDonald

State of New York
Livingston County ss. I Chauncy R. Bond Clerk of the said county of Livingston do hereby certify that Nathaniel Goddard Esq before whom the within affidavit purports to have been sworn and also whose signature appears to the same was at the date thereof a Justice of the Peace in and for said County legally authorized to act as such. And further that I am well acquainted with his hand writing and verily believe that his name subscribed to said certificate of affidavit is his own proper hand writing and signature.
Witness my hand and seal of office at Geneseo this 22nd day of August A.D. 1832
Chauncy R. Bond Clerk By J. G. Harn Deput. Ck

Copy
Pension Office Sept. 20, 1854
Sir
I have filed the application of the children of Jane McMillen dec'd who was the widow of James a pensioner on the New York roll at the time of his death under the Act of June 7, 1832 at the rate of $40 per annum, for arrears of pension alleged to be due to her — and you are informed that there is no law in existence that provides for their case and therefore no arrears due. It appears that said Jane was married on or about the year 1789, that her husband died in 1840 and that her own death occurred in 1842. The only act that was in existence at her death had provided for widows who were married to Rev. Soldiers prior to 1784 was the Act of July 7, 1838 which however does not embrace them unless they were widows at its passage & survived the passage of the Act of Mar 3, 1851 explanatory thereof. But Mrs McMillen was not a widow on the 7 th of July 1838 and died in 1842. The claim is rejected
M. H. Wygant Esq. Albany Allegany Co. N.Y.

57 Pension Office Sept. 20, 1854.
Sir,
I have filed the application of the children of Jane McMillen, deceased now the widow of James, a pensioner on the New York Roll at the time of her death under the Act of June 7, 1832, at the rate of $40 per annum, for arrears of pension alleged to be due to her - and you are in- formed that there is no law to restore their pounds for their care, and thereby , therefore, no arrears due. It appears that said Jane was married on, or about the year 1788, that her husband died in 1840, and that her own death occurred in 1842. The org act which for  the  restoration no, a restoration at her

deaths, etc., or provided for widows who were married to Revolutionary soldiers prior to 1794, nor the act of July 7, 1838, which however, does not entitle them unless they were widows at its passage, or received the pension of the Act of 5 th of March 1851, replacing any others. But John Schellinger  the was not a widow on the 7 th of July 7, 1838, and died in 1842. The claim is rejected.
M. H. Wyzant, Esq. Almond Albany Co N.York.
Sept. 20/54

Almond Sep. 15. 1884
Comm. of Pensions. Sir
I herewith enclose to you the application of Elisabeth Jenkins heir of James & Jane McMillen for arrears of pension
The other papers in the case were filed some year or more since by J. W. Hale.
Esq of H Connersville who has abandoned the claim
It appears that the application was taken by him before a justice of the peace instead of a court of record - I do not know precisely what papers he has there but think this declaration and proof of marriage &c will answer with them
You of course will give the claimants the advan-

two of the papers now on file. So that the whole Claim might be settled with her, I have procured a power to her from all the other heirs.
I send no power to myself but if it is necessary will do so.
Yours &c
M. H. Mygant

James G. Austin, Aug. 27. 1839
O.6.

War Dep t Pension Office Aug. 27. 1839
Sir;
Your letter relative to James M c Millan's case has been received. If he has any evidence as to his service, he must first send it to the Dep t . Before any decision can be had as to his claim to an increase of pension. I cannot give any opinion on the subject unless I can see the proof.
)
James G. Austin, Esq. Phelps, N. York

Ms. A. 1. 1 v. 21, p. 42
My. Miss Williams
FREE
War Department Care of J L Edwards Esq Commission of Pensions Washington City

Phelps Ontario Co NY March 12. 1836
Dear Sir
Yrs
Quackenbush is an affidavit in the case of James McMillan - the old man has come to the determination to relinquish that part of the duty performed by him as a substitute for his brother - I hope there is now nothing that will prevent his claim from being allowed -
Dear, Respectfully &c D. M. Neil
for J. McMillan

TREASURY DEPARTMENT,
Second Comptroller's Office,
April 7 th 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," James McMillan, — a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Forty — Dollars and  Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1836, to the 4 th March 1837, and from 4 th Sept. 1838, to the 4 th March 1839. Respectfully, yours,
Wadsworth L. Parsons, Comptroller.
To the Commissioner of Pensions,
Present.

Leon. Bayo Pringle
Feb. 7/54

Pension Office
Feby 8 7. 1854
Sir
In answer to the inquiries contained in the letter to yourself from Chas S. Jenkins, Esq., dated the 25 th ultimo, I have the honor to inform you that, as James M c Millan of New York was paid his pension under the act of 1832 up to the time of his death, in 1840, and as his widow died in 1842, she would only have been entitled, at the time of her death to a pension from the time of his death to the fourth of March 1841.
No application by the widow is found among the papers in the case. The pension was at the rate of $40 per annum.
Mr Jenkins' letter is herewith returned.
Hon Benj m Pringle H. of Reps.

State of New York Ontario County, ss. 3 Personally appeared before me the undersigned one of the Justices of the Peace for said County of Ontario, David Lutfin who being first duly sworn deposeth and saith - That he well knows James McMillan who is now making application for a pension and whose declaration of services is above written - That during the Revolutionary War this deponent resided at Monmouth in the same town of Freehold, County of Monmouth & State of New Jersey with the said James McMillan That he knew him well during the revolution, and also his two brothers Daniel and John McMillan. That this deponent was a member of the same Col. Holmes Regiment with the said James, that he was also well acquainted with Captain John Schenck under whom he served, said Schenck was a Captain of great note, a brave man and out a great deal of his time during the Revolution - This deponent recollects well of seeing the said James McMillan frequently under arms along the Jersey lines - has seen him in the service at Quam River, Shrewsbury, Middletown, Shoal Harbor and at the Calf house - This deponent was out a number of times with said McMillan on alarms and scouts - was out with him at the time they drove back the enemy from Pleasant Valley to Sandy Hook - at another time was with the said McMillan in pursuit of Tories at what was called the Pines where they succeeded in making a prisoner of the noted John Loerson who was executed soon after at Monmouth Court House - This deponent left New Jersey about three years since, has not seen the said McMillan for twenty eight years past until yesterday but recollects him well, this deponent thinks according to the best of his recollection that Captain Schenck under whom the said McMillan served has been dead upwards of fifteen years - That this deponent was acquainted with two other men by the name

of John Schenck who resided in the same town of Freehold, one of which I appear to him was a Captain of a Light Infantry Company during the Revolutionary war (distinguished at that time he thinks by the name of Stiller John on account of his owning a distillery). The Captain John Schenck under whom McMillan served was distinguished by the name of Pleasant Valley John on account of his residing at the valley - The third he thinks was not a Captain during the war and was distinguished as near as he can recollect by the name of Hans - so called on account of his being a dutchman - said deponent is now a resident of the town of Phelps, County of Ontario & State of New York - further this deponent saith not -
Sworn & subscribed this 22. August 1833
David Sutfin
before me
Thomas Smith a Justice of the Peace
J. H. R. S. Beth a clergyman resident in the town of Phelps, County of Ontario and State of New York, do hereby certify, that I am well acquainted with David Sutfin who has signed the Preceding Certificate, I was well acquainted with him the said Sutfin, when he resided in the town of Freehold Monmouth County New Jersey, in which town his character stood perfectly fair. The said Sutfin removed from New Jersey more than fifteen years since, and has since that time resided in this town (Phelps) and in my neighbourhood, and has since his residence here been a member of the Church of which I am Pastor, His character for truth and veracity stands good, and my statement of his can be relied on with safety.
Sworn to and subscribed this 2 d day of September 1833 before me Thomas Smith Justice of the Peace
William R. S. Beth

at Freehold aforesaid his services during this year were performed generally along the Jersey shore between Squam River and Middletown point, was at a place called the Calf house at Neversink heights, on the shore a considerable part of his time (at which place a guard was continually kept, thinks in August of this year had a warm skirmish with the enemy) at Kanakunk on the shore - thinks in April or May of this year had a skirmish with the enemy at Middletown point at the time the enemy burnt the Mills owned by John Burroughs - a man by the name of John Salfin was killed during this skirmish. The enemy was commanded by John Tilton a noted Coy who went over to the British, obtained a Captain's commission and commanded the party at the time of this skirmish. at other times during this term visited the intermediate places between Squam River and Middletown point 23. Shrewsbury Middletown Shoal Harbor Kanakunk was verbally discharged on the first day of March 1780 on the first day of April 1781 he again enlisted under Captain John Schenck in Col. Holmes Regiment in the Brigade commanded by General Forman aforesaid and served six months, on the Jersey shores from Squam River to Shrewsbury, Middletown, Shoal Harbor Kanakunk Calf house & Middletown point - during this term their greatest difficulties were with the Tories - thinks it was during this term he assisted in driving off a Regiment of black men called Col. Eyles Regiment at the time the said Blacks made prisoner of Capt. Huddy took him to Sandy Hook and executed him - he was at this time in the attempt to rescue Capt. Huddy from the hands of the enemy, in doing which a warm fire was kept up in passing them to Sandy Hook

thinks this Skirmish was in the month of August of this year - during the same term, he in company with two other men attempted to make prisoner of the noted Coy & Horse thief William Clark, and his party with whom they came in contact & after firing at them a number of times did not succeed in taking them - resided at the time of his enlistment at Freehold aforesaid - was verbally discharged on the 10 th day of October of this year - In the year 1782 he enlisted a minute man in Capt. John Schenck's Company in Col. John Holmes Regiment in Genl. Forman's Brigade - resided at Freehold aforesaid, served during this year according to the best of his recollection, as follows viz. in March of this year three weeks at Sandy Hook, on the Highlands at the Calf house, in April at the place aforesaid & at Shoal Harbour - in the month of June three weeks at Middletown point & Shoal Harbour - in the month of July one week at Sandy Hook - in the month of September, during the whole month at different places along the shore - in the month of October two weeks at Sandy Hook - In the year 1783 he was out in the Country aforesaid a number of times, on scouts, alarms &c but at no very great length of time and his memory is not clear enough to recollect what length of time he served, or the exact periods or places where he served, for his services of this year he will therefore claim nothing - Capt. Schenck under whom he served was a resident of the same town of Freehold with him at what was called Pleasant Valley and was distinguished from two other men of the same name by Pleasant Valley John - he was acquainted with two others by the same name who resided in the same town the one he thinks was a Captain during the war & was distinguished by the name of Killer John on account of his owning a Distillery, the other he thinks was not a Captain during the war and was distinguished by the name of Hans , being a Dutchman - And he further

is very positive that Captain John Schenck under whom he served has been dead as many as fifteen years past - He the said McMillan was born in the town of Freehold, County of Monmouth & State of New Jersey in the year 1754 according to his former declaration - his services were all performed with and embodied Corps, called into service by competent authority and for the time during which the service was performed he was not engaged in any civil pursuits. He is now able to furnish the certificate of David Sutfin who knew him during the war, was a resident of the same town during the revolution and now resides in Phelps, whose certificate is herewith annexed - for the services above mentioned he claims a pension -
Subscribed & sworn this 22. August 1833 before me
James McMillan
Thomas Smith a Justice of the Peace

State of New York      Personally appeared before Ontario County p.      me the undersigned one of the Justices of the Peace for said County, James McMillan who being duly sworn according to law deposeth and saith, That in the month of March 1779 (think on the 1 st day of March) he enlisted a private under Captain John Schenck of New Jersey Militia in Col. Asahel Holmes Regiment in the Brigade commanded by Genl. David Forman, he resided at the time of his enlistment in the town of Freehold, County of Monmouth and State of New Jersey (Captain Schenck was a resident of the same town) he served nine months, the full term of his enlistment — the British Fleet lay at this time at Sandy Hook. his services were performed on the Jersey shore between Squam River and Middletown Point, all the places between these points along the shore were frequently visited viz. Shrewsbury, Middletown, Shoal Harbor Cronkunk &c. — quartered the most of the time at Middletown — in the month of July of this term assisted in driving off a Regiment of the enemy fifteen hundred strong) who had marched into the Country as far as Pleasant Valley, Monmouth County, they drove them back to Sandy Hook, the engagement was at times warm, as their retreat was made under the discharge of muskets from both sides, during one day a number of men were killed on both sides, the house of Garrit Schenck was burnt at this time by the enemy, Garrit was a brother of his Captain John, — was verbally discharged about the 1 st December of this year — He again enlisted on the 1 st day of March 1780 in Captain John Schenck's company in the Regiment commanded by Col. Holmes in the brigade aforesaid, and served one year the full term of his enlistment — resided at this time

State of New York } Personally appeared before me the Ontario County } undersigned a Judge of the County courts for said County James McMillan who being duly sworn deponeth and says, that according to the best of his recollection his service commenced on the first of March 1779 - That during that year he served in Captain Schenck's Company a private, (as specified in his declaration above) Nine months at Sandy Hook and other places on the Jersey Frontiers - The residue of the time he was at home on furlough by permission of Capt. Schenck - In the year 1780 on the first of March he again enlisted and served a private in Capt. Schenck's Company one year on the Jersey frontier or lines, at Sandy Hook, Shoal Harbour, Middletown point &c, until the 1 st March 1781 - was verbally discharged and returned home - In the year 1781 on the first day of April he again enlisted in Capt. Schenck's Company and served six months, until the first day of October on the Jersey lines at the places last mentioned, was verbally discharged and returned home - in the year 1782 he served in the company aforesaid as follows, in March of this year three weeks at Sandy Hook at what was called the Calf House - in the month of April two weeks at Sandy Hook and Shoal Harbour. in the month of June three weeks at Middletown point and Shoal Harbour, in the month of July one week at Sandy Hook - in the month of September during the whole month at different places along the line. in the month of October two weeks at Sandy Hook - In the year 1783 he was out several times in the Country aforesaid, but does not clearly recollect the months or the time he served - he will therefore claim nothing for the services last mentioned, but for his other services he claims a pension  of age 71  Sworn and subscribed before me the 5 th day of December 1832 David McNeil Judge of the County Courts

State of New York
Ontario County ss: I, Charles Crane Clerk of said County, do hereby certify that David M c Neil whose name is subscribed to the within Certificate of affidavit was at the date thereof a judge of the Court of said County, and that I am well acquainted with his hand writing, and verily believe the said signature to be his free act and deed
In witness whereof I have hereunto subscribed my name, and affixed my seal of office at Canan Daigua, this Thirty first day of December A.D. 1832
Charles Crane

I certify that the above named William R. L. Bette is an officiating clergyman in the said town of Phelps —
Thomas Smith Justice of the Peace
State of New-York, Ontario County ss. }
I, Charles Crane, Clerk of said county, do hereby certify that Thomas Smith whose name is subscribed to the several foregoing certificates, was, at the dates thereof, a Justice of the peace in and for said county; and that I am well acquainted with his hand writing and verily believe the said signatures to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this 23 d day of September A. D. 1833.
Charles Crane.

State of New York
Ontario County p. 7 On this 20 th day of January 1834 personally appeared before me the undersigned one of the Justices of the peace for Ontario County James McMillan, who being duly sworn according to law deposeth and saith - That during the Revolutionary war he resided in the State of New Jersey, in the town of Freehold, County of Monmouth, and in the year 1779 was a militia man belonging to Capt. John Schenck's company, in the Regiment commanded by Col. Asher Holmes, and Brigade commanded by Genl. David Forman That he served in said company nine months from the 1 st March in said year 1779 till 1 st December 1779 - 4.15 agreeably to his declaration now on file at the Pensions office of the United States - That his services during said nine months were in tours of one month each every other month of which time he served as a substitute for an elder brother of his by the name of John McMillan - That he was a member of the same company and Regiment of New Jersey militia and served from the 1 st day of March 1780 until 1 st 4.12 March 1781 twelve months in tours of one month each, every other month of which time he served as a substitute for his elder brother John McMillan - 3 That from the 1 st day of April 1781 until the 1 st of October of this year - He was also a member of the said Capt. John Schenck's company in Col. Asher Holmes Regiment of New Jersey Militia and served six months, in monthly tours, every other month of which he served as a substitute for his elder brother John McMillan - That the said deponent did

other services during the revolutionary war which are particularly specified in his papers on file at the pension office of the United States. That this deponent heretofore did not know it to be necessary to particularize services done by him as a substitute for another person. That this deponent is mistaken relative to his
Having enlisted in the New Jersey militia during the war of the revolution, but that he was bound to military service being regularly enrolled among the militia of said State of New Jersey, in consequence of which was bound to serve by authority of the state, every other month as a militia man. — and further this deponent saith not —
On the matter of Thomas M c Millan for a pension D.M. Smith
Sworn to and subscribed the day and year aforesaid before me —
Thomas Smith
James M c Millan
Justice of the Peace
State of New York
Ontario County ss.
I certify, that Thomas Smith, whose name is subscribed to the above certificate, was at the date thereof, a Justice of the Peace in and for said County; and that I am well acquainted with his hand writing, and rightly believe the said signature, to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and the seal of Office; this fourth day of February A. D. 1834.
H. J. B. Crane, Dep Clerk

7977 James McMillen
de Admitted
David M Neil Phelps N.Y.

WAR DEPARTMENT,
Pension Office,
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 shew 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, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,  Commissioner of Pensions.

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 } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District 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 provision 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 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 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
There is no evidence in the Department of 12 yrs continued and uninterrupted service military service under Capt John Schuch - Capt Schuch is now a pensioner.

alleged service, as they are known at the Department. A very full account of the services of each person 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? { 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 traditional 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 inquiry 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 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 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 a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase "about 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 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 fix 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 is note (j) applies to continental troops only.
(k) This traditional 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.
his affidavit is in this case indispensable to a favorable decision

State of New York } In the matter of the application of James McMillan Ontario Co. } for a Pension
On the tenth seventh day of March 1836
Personally appeared before me Thomas Smith a justice of the peace for said County James McMillan to me well known who being first duly sworn according to law, On his Oath deposes & says — That he has made use of every exertion within his means to procure further evidence of the services performed by him in the War of the Revolution both in respect to those he was by law obliged to perform on his own behalf, & also those performed as a substitute for his brother John McMillan & can obtain no further evidence in support of either — . The witness David Sutfin whose certificate accompanies his papers on file at the Pension Office is the only living witness which this deponent is able to procure in support of his claim. — This deponent further says that he was required by his last advice from the Commissioners of Pensions to recite separately the services performed for his brother John & was referred to numerous survivors still living in & about Freehold Monmouth County & State of New Jersey as witnesses particularly requesting the certificate of Captain Schenck under whom he served in support of his claim. — The proof required by these advices this deponent says he has used his utmost exertion to obtain & cannot procure any further testimony from living witnesses in support of it. But he is informed by a letter herunto annexed from Mr. R. S. Betts a clergyman who resides in Freehold aforesaid that the late Captain Schenck under whom he served is dead & that no living witness can be found there except that of the Father in law of said Betts whose name is David Sutfin & whose certificate already accompanies this deponent's former declaration. — This deponent further says that as it is wholly out of his power to prove the services performed as a substitute separate from those performed for himself, he hereby relinquishes all claims to those services performed as a substitute & requests that a pension or an annuity be granted only for such service as was performed by this deponent on his own account which will be.

one half or every other month of the time described more particularly in his former declarations on file at the Pension Office. — further this deponent saith not. —
Sworn & subscribed before me the day & year above written —
Thomas Smith
Justice of the peace
James McMillen
Ontario County Clerk, Office
I do hereby certify that Thomas Smith Esqr whose name is subscribed to the foregoing affidavit of James McMillen was at the time the said affidavit purports to have been taken a justice of the peace in and for said county duly elected and sworn and that I am well acquain- ted with his hand writing and verily believe his signature aforesaid to be genuine. —
In testimony whereof I have hereunto set my hand and affixed the seal of said county the Tenth day of March One thousand eight hundred and thirty six
H. H. Prentiss Dep clerk

Dear Sir,
In accordance with your request I have made what enquiries I could in behalf of Mr McMillan & which I regret to say have been unfavourable towards his claims for a Pension: Capt John Schenk of Pleasant Valley under whom Mr McM. says he served has been dead about Eighteen Months. I have made enquiries concerning Mr McMillan and Brother but can obtain no information. Among the survivors of the Revolution residing in this place there appears to be none excepting my Father-in-law who has  has any recollection of Mr McMillan's military services - The old gentleman says that the reason of Mr McMillan serving as a substitute arose from the fact that his Elder Brother was very fond of Powder & Balls.
Yours &c Wm R. J. Batty

C.W.
Jas. McMullan 30534 - N.Y.
FREE
L. Edwards Esq. Committee of Pensions Washington

Sheeps Ontario County August 19. 1839-
Sir
Can a Revolutionary soldier. Having Received a pension under the Act of 7 th June 32 - of say 20- or 40 dollars. for a proportion of the time Required of him to serve to obtain full pay, (and having since the date of his Certificate discovered. one Witness. Who was acquainted with him as a soldier for the term of over two Years. and Can Make a sufficient affidavit of that fact) Make another declaration - Make the proof by One Credible Witness to the service of over two Years Relinquish his Claim to the former - and obtain full pay on such proof - and would it be safe for a soldier to attempt it - Could he procure one good Credible Witness - to the said service - James M c Millen a pensioner of the New York Agency wishes. to obtain full pay - as he says he Really thinks he is Entitled to it - but could not find at the time he Made his application. but one Witness. and Could not Establish by proof. but for a part of the time - since that time and recently he has discovered that a Man now lives. in Freehold. Monmouth Co New Jersey. Who will testify to his serving over three Years - The Number of his Certificate is 30,554 Recorded in the Pension office in Book E 2 Vol 4. Page 45 - - The old gentleman is Poor. and feels. that he is Entitled to a full pension. What his former declaration Made to Obtain his pension was I do not know - He is anxious to make a trial if it Can be done safely - Please have the kindness to give this a moments consideration. and give me your views in the matter. and much oblige
Yours &c
J. L. Edwards Esq
James G. Austin

State of New York
Ontario County ss. On this 7 th day of April 1836 Before me the undersigned one of the Justices of the Peace for said County personally appeared James McMillan to me well known who being duly sworn according to law, on his oath deponeth and saith that during the years 1779, 1780 and 1781 he served in the Revolutionary War twenty seven months one half of which time (or in other words) every other month of the service in each year was performed as a substitute for his oldest Brother John McMillan as more particularly described in his former declarations on file at the Pension Office at the City of Washington - The above service was performed in Captain John Schenck's Company in Col. Asahel Holmes Regiment of New Jersey Militia - This deponent further saith that he was the youngest son of Cornelius McMillan, that during the Revolutionary War his father and mother being old and infirm, were supported by the labour and industry of this deponent and his brother John, and this deponent, being young and in good health, made a contract with his brother that his brother should stay at home and provide for the family and he the deponent would serve alternately his own tours of one month each and also his brother's tours in the same manner - The laws of New Jersey being such at that time that militia men were subject to serve every other month - During this period he enjoyed good health and was

fond of shouldering his musket against the enemy, and his brother being more inclined to stay at home and take care of his parents, he (this deponent) became the soldier, and his brother John the Farmer - and further this deponent saith not. —
James M c Millan
Sworn to and subscribed before me this day and year aforesaid
Thomas Smith a Commissioner of Deeds for Ontario County & Justice of the Peace
State of New York, } Ontario County ss. } I, Charles Crane, Clerk of said County do hereby certify that Thomas Smith, whose name is subscribed to the above certificate, of affidavit, was at the date thereof, a Commissioner of Deeds and Justice of the peace in and for the said county; and that I am well acquainted with his hand writing and verily believe the said signature to be his proper act and deed -
In testimony whereof, I have hereunto set my hand and seal of office, this twelfth day of April A. D. 1834 -
Charles Crane.

State of New York Ontario County p 3
I David Sutfin a resident of Phelps, County of Ontario & State of New York, do hereby certify, that I am now a pensioner of the United States, that during the War I resided in Freehold, County of Monmouth and State of New Jersey and was well acquainted with James McMillan and also John McMillan brother to said James, whose father's name was Cornelius McMillan, who resided in the same town. I do further certify that I have heard the deposition of James McMillan read, and believe according to the best of my recollection that John McMillan after the year 1779 was not out in the service in monthly terms during the revolutionary war. That previous thereto, he remembers of having seen the said John in the service - That the said James McMillan was during the last years of the war young and active, and he remembers of having frequently seen him under arms as more particularly described in a former certificate of mine sent to the Pension office - I do further certify that it is clearly my opinion that I have seen the said James McMillan under arms for a longer period than terms of one month each, successively -
Sworn to and subscribed before me this 10 th day of April 1834 -
David Sutfin
David McNeil judge of the County Court
I do hereby certify, that I am acquainted with David Sutfin who has signed the above Certificate, that he is a person of good character and his statement is entitled to full credit & belief. (David McNeil)

State of New-York, } Ontario County ss. }
I, Charles Crane, Clerk of Ontario County do hereby certify that David McNeil whose name is subscribed to the foregoing certificates was, at the date thereof a Judge of the courts in and for said County; and that I am well acquainted with his hand writing and verily believe the said signatures to be his proper act and deed -
In testimony whereof I have hereunto set my hand and seal of Office, this twelfth day of April A. D. 1834 -
Charles Crane.
James McMillan

JAN 31 1911

122 Wilkin St Rochester N.Y.
Jan 27, 1911
To the Commissioner of Pensions at Washington D.C.
Will you please look up the Record of James Mc Millen who was in the Revolutionary war he was my Grandfather and I have the thanks to fill out to join the D.A.R. and I wish you for information. This James McMillen he entered the service at Trenton New Jersey served under General Washington was wounded at the Battle at Trenton New Jersey he was 15 years of age when he

Entered the Army War and served the last 2 or 3 years he was a minute man he received a Pension or if he did not his Widow received it - after his death for the first. Through her son-in-law Charles Jenkins now this James McMillan's father was in the of 1757 which was the [French and Indian] war with the Americans he was a Scotch man and lived at Trenton New Jersey where this Son James was formed this would be these 2 men my Grandfather and Great Grandfather now

any information I can receive will be very thankfully received from one who is very anxious to hear soon and greatly obliged
Mrs Rena M c Miller Read 122 Wilkin St - Rochester N.Y.

1820 59 1761
M
Phelps, N.Y. Oct. 14, 1939
Veterans Administration Washington, D.C., Gentlemen:
Will you please send me the War record of the following who fought in the Revolutionary War -
✓ Neal (Neall) M c Millin , or M c Mullen, M c Millen, M c Millan. Place of birth not known. Resided at Freehold, Mon- mouth Co., New Jersey.
✓ Daniel M c Millin, or M c Mullen, M c Mullen, M c Millen, M c Millan. Born Freehold, Mon- mouth Co., New Jersey, about 1762.
✓ John - twin of Daniel.
✓ James M c Millin, or M c Mullen, M c Millen, M c Mullen, M c Millan born Freehold, Monmouth Co., New Jersey, 1764.

M
Any information you can give me will be greatly appreciated.
Yours truly,
(Miss) Bertha L. McMillan

122 William St
Rochester N.Y.
Feb 7 1911
Commissioner of Pensions
Dear Sir,
You will find  enclosed  an a paper marked  out to a Miss Lois Johnston. I think it was sent to me by mistake it came with my papers which you so kindly sent me which were the war record of James McMillen and I want to thank you so very much for the information you have given me. Can you give me any information where I can

P.S. Will you please let me know when the last Pension was drawn of the late James McMillan he died in 1840 his wife Jane Mc Duffie McMillan died in 1842 in 1854 a pension granted to Charles Jenkins, it seems Mrs Elizabeth Jenkins Daughter of the said James McMillan got all the Pension why did not my father Joseph McMillan and also his 2 brothers receive their rights as well that was always a strange doings to my fathers mind how was it done he should had his part for he cared for and buried his Parents he was the 7th and youngest son please let me know just - how it - was got in any other  time  way

send or in it any where in New Jersey or Washington I can send to get more information about the Corneious McMillan the Father of James McMillan of the Revolutionary war I am I have been told he came from Scotland and was for a time in service in the war of 1757 I hope to know a little more things about him if it is a possible thing in this any place where it gives his birth place then if so I can write to Scotland if I have to I would so very much like to know the Birth place of this Corneious McMillan the Father of James McMillan and will be

very thankfull for Your kindness very truly
Mrs Rena M c Millan Pease 122 Wilkin St Rochester N.Y.

information as contained in his (or his widow's) application for pen- sion on file in this Bureau: James McMillan  P. File 6,794  pensioned as McMillan
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Mar. 1, 1779 9 mos. Pvt. John Schenck Asher Holmes N.J.   Mar. 1, 1780 12 mos. " John Schenck Asher Holmes   Apr. 1, 1781 6 mos. " John Schenck Asher Holmes   1782 15 wks. " John Schenck Asher Holmes   1783 called out on several scouts and alarms.  
Skinnicko Battles engaged in, at Pleasant Valley, Middletown Point, Rondout and other places. (in N.J.)
Residence of soldier at enlistment, Freehold, Monmouth Co., N.J.
Date of application for pension, Aug. 27, 1832. His cl. was al.
Residence at date of application, Phelps, Ontario Co., N.Y.
Age at date of application, b. Freehold, N.J. 1764, youngest son of Cornelius McMillan.
Remarks: Soldier d. at Phelps, N.Y. Aug. 30, 1842. m. in Monmouth Co., N.J. in 1789.
Jane —, who died Aug. 30, 1842. Children alive in 1854, — Elizabeth, wife of Chas. S. Jenkins of Almond, N.Y., Robert, Joseph and William of Phelps, N.Y. and Charles of Romulus, N.Y. Cornelius died prior to that date.
Very respectfully,
from A.B.

Record Division.
February 10, 1911.
Mrs. R. McM. Read, # 122 Walcken Street, Rochester, N. Y.
Madam:
In response to your letter dated the 7" and received the 8" instant, you are advised that the claim, Rej. File No. 6,794, of the children of James McMillan was rejected in 1854 on the ground that there was no law which provided for their case.
A careful search of the records fails to show that a claim for Revolutionary War pension was ever filed on account of the services of Cornelius McMillen or McMillan, hence there is no data on file relative to said person other than that furnished you from the claim above noted. See negative slip
This Bureau has no records of services rendered prior to the Revolution.
Very respectfully,
Commissioner.

BOUNTY LAND WARRANT RECORD CARD*
NAME McMillen, Charles GRADE Private LINE New Jersey
WARRANT NUMBER 8525 ACREAGE 100 ISSUED September 30, 1791 To — not shown —
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.