Revolutionary War Pension and Bounty Land Warrant Application File S. 29,329, for Benajah Miles, New York

SERVICE
NUMBER
New York
Miles, Benajah
S. 29,329
CONTENTS

See let to P. Agent May 27. 42
30466
Albany New York
Benajah Miles
of Rensselaer Co in the State of New York who was a Pirate in the Company commanded by Captain Thompson of the Regt. commanded by Colonel Heizer in the New York line for 11 months and 13 days
Increased from $22.50
Inscribed on the Roll of Albany New York at the rate of 38 Dollars 11 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 th day of May 1832 and sent to Hon. Col. J. Gansevoort, House of Representatives.
Arrears to the 4th of March 1832 $419.21 Pension allowance ending 1/1/32 - 19.05 Former payments } $435.26 to be deducted }
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Addison Clerk, book 62 Vol. 10 Page 46

No. 18 45 C
Bonajah Miles
Bonajah Miles
Admitted
Private 6 mo & 23 days
Hon H. P. Hunt Home Reps MS
George R. Davis agent
Gregg
Renpelner co new York

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 Benjamin Miles, of Rensselaer Co. New York.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1776 1 Private Lieut. Cumming Capt. Thompson Col. M'Kinley Lieut. Col. Thomas Genl. Greene Harlem Heights Princeton N. York near New White Plains Trenton Princeton near Amboy Pittstown Rensselaer Co New York age 72 Voluntary   Enlisted 1778 9 2 Capt. Wm Pearce Lieut. Stephen Hunt Genl Sullivan Lt. Col. Putnam White Plains   Enlisted 1779 9 Capt. William Pearce Lieut. Abraham Genl Sullivan Lt. Col. Putnam White Plains   Enlisted 1780 9 7 Capt. M c Kinley Lieut. Henry Lieut. Stephen Hunt Col. Brown Genl Van Ruyven West Point Stoney Point Fishkill Red Bank Saratoga   Enlisted 1780 9 Capt. Wm Pearce Lieut. El... Col. Brown St. Johns Red Bank Saratoga  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
Vol 6. p. (10) 6 days in 1780 " " (11) 3 mo — "
delachue Role-1782 " Capt Wm Pearce Col Morris Graham 1.17 — do — do 6.23

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 day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the 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 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 enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must 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 the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of 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 affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration,
Not on file

Benajah Miles
18452

State of New York
County of Rensselaer } ss. On this twenty fourth day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared before me George R. Davis one of the Judges of the Court of Common Pleas in and for the County of Rensselaer aforesaid — at the town of Hoosick in the County of Rensselaer and State aforesaid Benajah Miles a resident of the town of Hoosick in the County of Rensselaer and State of New York aged seventy two years as he thinks, — who being first by me the said Judge duly sworn, according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service of the United States under the following named officers and served as herein stated, that in the fall of 1776, the month or day he cannot recollect he enlisted for one year in a company of State Troops under Lieutenant Claxton his Christian name not recollected that he was marched to Boston and joined his company & Regiment at Winter's Hill. That his officers which he now recollects were Captain Thompson, thinks his given name was Joseph Colonel John Nixon and Lieutenant Colonel Thomas Nixon, that John Nixon was subsequently promoted to General, that they were encamped there until the enemy left Boston and then marched to New York and on to Governor's Island where they remained until Long Island was surrendered to the enemy & then marched out near Harlem Heights and had an engagement with the enemy and then marched to White Plains, that General Lee then took a party of men among whom he went, & marched to head the enemy who were then going to Philadelphia, that in the town of Pluckemin as he thinks at Washington Valley in the State of New Jersey Gen l Lee put up and sent the Troops two miles ahead to there wait for further orders, that General Lee was there taken prisoner together with some of his Staff & they then went under command of General Sullivan, that they headed the enemy & drove them back to Trenton, that he was then sent to reinforce the Troops who were fighting the enemy at Trenton & before he got to them they commenced a retreat, that after this he went to Princetown under command of General Green & had an engagement with the enemy the Pennsylvania Militia commenced the attack they began to retreat & then

General was killed, the New England Militia then came up & drove the enemy until they met the Army that had been drove from Trenton & being thus reinforced again turned upon them & that he was then marched back & crossed the river and after crossing threw the plank of the Bridge into the river, that they there halted & was permitted by the enemy to send surgeons & nurses for the wounded & men to bury the dead, that he was then marched near Amboy & there received his discharge in writing signed as he thinks by his Captain he having then served out his full time of one year This discharge has long since been lost or destroyed - That he next enlisted in the month of May he thinks but the day he cannot recollect in 1778 for nine months, that he then enlisted in the town of Poughkeepsie in the County of Dutchess in a company of State Troops, commanded by Captain William Pierce & of which Stephen Hunt was Lieutenant, that he joined his company at White Plains, where he remained stationed until his time expired that he thinks his Colonels name was Dubois his given name not recollected Genl Sullivan commanded & General Putnam part of the time he thinks, he there served out his nine months & was discharged - That he next enlisted at the same place in the Spring of 1779 in the month of May he thinks but cannot recollect the day for nine months in a company of State Troops, under command of Captain Williams, his given name not recollected and of which Abraham Dileman was Lieutenant, that he then joined his company at White Plains aforesaid where he remained until his time was expired when he was discharged That he thinks his Colonels name was Bircham his given name not recollected, does not recollect of being under command of any general at this time thinks his regiment was the only one there that time -
That he next enlisted at the same place for three months in the year 1780, the month or day of the month he cannot recollect, but that it was the latter part of the Spring or the fore part of the Summer, that he enlisted in a company of State Troops, under command of Captain Thomas Lee & of which Henry Van Derborough was Lieutenant that he was marched to West Point

enlisted in a company of State Troops under the command of Captain Thomas Lee & of which Henry Van Derborough was Lieutenant that he was marched to West Point
where he joined his Regiment under Colonel Brown his given name not recollected & from there marched to Stoney Point & from there to Haverstraw & from there to Fish Kill & there took Quarters to Albany & from there marched to Stone Abbey on the Mohawk River & there had an engagement with the British, Tories and Indians, that in this engagement General Van Rensselaer commanded in chief, that his Colonel Brown was killed and his Lieutenant Van Derborough wounded in the battle, that the enemy retreated & they followed them five days through the woods & then returned to Schenectady where he was discharged having served out his time for which he last enlisted as above - That in the last of the summer or fall of the same year but the month or day he cannot recollect he again enlisted at the same place for three months in a company of State Troops under command of Captain William Pierce, he thinks one Elliot was Lieutenant, his given name he cannot recollect, that he joined the Regiment at Fish Kill which was commanded by Colonel Graham his given name not recollected that he remained stationed there until his time expired & was then discharged -
That he has no documentary evidence whatever of any of the above services neither is there any person living that he knows of who is personally knowing to his having served as a soldier of the Revolution at any of the times above specified That he is very infirm and blind and unable entirely in consequence of bodily infirmity to go from home at all and that he has been so for nearly two years past and that the courts of Record in the County in which he resides are held at the city of Troy about 23 miles from his residence

 1 That he was born in the town of Pounding in the county of Dutchess and State of New York in the year 1760 -  2 That he has no record of his age -  3 That he was living when he entered the service in the town of Pittstown in the county of Rensselaer and State of New York - and that he has lived since the revolutionary war in the town of Pounding aforesaid for ten or twelve years & from there he to the town of Hooick in the county of Rensselaer & State of New York & where he has ever since resided & still continues to reside -  4 That he entered the service by enlisting & was a volunteer  5 That the names of the regular officers who were with the Troops where he served and such continental & militia regiments as he can recollect and the general circumstances of his service are as fully and particularly stated in the above declaration as he can from his recollection & knowledge state the same  6 That he never received but one discharge from the service as above stated & which he thinks was signed by his Captain whose name was Thompson That his Captain gave it to him & that it is lost or destroyed & he does not know what has become of it never having preserved it -  7 That the names of persons to whom he is known in his present neighborhood & who can testify as to his character for veracity and their belief of his services as a soldier of the Revolutionary Seth Parsons Joseph Dorn Abraham Ford & Rev d Luther P Blidgett - 
As 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 & subscribed } his Benajah X Miles mark  the day & year aforesaid  Rev d R Davis Ruler of the Sup rs  of Rensselaer County Court  Counselor at Law Sup rs Court

We Luther P. Blodgett a clergyman residing in the town of Hooick in the County of Rensselaer and State of New York and Seth Parsons residing in the same place hereby certify that we are well acquainted with Benajah Miles who has subscribed and sworn to the above declaration that we believe him to be Twenty Five 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
Seth Parsons Luther P. Blodgett
Geo. Rollans All of All Judge of Rensselaer County Court
And I the said Judge do hereby declare my 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 I the said Judge do further certify that it appears to me that Luther P. Blodgett - who has signed the preceding certificate is a clergyman resident in the town of Hooick in the County of Rensselaer and State of New York, and that Seth Parsons who has also signed the same is a resident in the same place and is a credible person, and that their statement is entitled to credit And I the said Judge do further certify that the above named applicant cannot in consequence of bodily infirmity attend court
And I the said Judge do further certify that the foregoing contains the original proceedings had before me this day in the matter of the application of Benajah Miles for a Pension -
Geo. Rollans All of the Judges of Rensselaer County Court at Albany at Law of Suffolk court

State of New York Rensselaer County } ss.
I, Archibald Bull Clerk of the said County do certify that George R Davis before whom the proceeding affidavits purports to have been sworn and also by whom the preceding certificate is signed was at the date of the same one of the Judges of the Court of Common Pleas in and for said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits, and the certificate above referred to to be his proper hand writing & signature
Witness my hand and seal of Office this seventeenth day of November one thousand eight hundred and thirty two
Archibald Bull Clerk Ecc.

East Napsaw NY Dec. 4. 1835
Sir / As you are elected representative of a People I am inclined to use as representative of an individual also and without further apology to tell you what I mean of you having it for you to grant my wishes or not as you please with as little ceremony as I introduced the matter. So to the point
Benajah Miles some two years ago resided at Hoosick & through the agency of Col. Davis & J. Titche Esqr. made an application for a pension for services in the Revolution under the Act of 1832 and hitherto has failed of success and has moved near me and has applied to me to investigate the matter and aid him in the further prosecution of his claim. In his history to me he says that about the first of Jany 1776 he resided at Pittstown in Rensselaer County that a Serjeant by the name of Richardson came thru taking recruits for a years service in the Mass. Chs. Batts Comy that himself and one brother agreed with him to enlist and for which purpose he went to Brantingham in Berkshire County and there enlisted under 2 nd Lieut. Brittain and with several others went to Boston and was organized into a Company commanded by Capt. Thompson 1 st Lieut. Wood & 2 nd Lieut. Brittain in a Regiment of which two men by name of Nisen were Col. & Lieut. Col. That he served there until the British left Boston in the Spring of '76 then marched with the troops generally to New York and was stationed on Governors Island till the evacuation of New York thence to Harlem & Fort Washington afterwards to White Plains was near there at the time of the battle though not in it. afterwards under Command of Gen. Washington crossed the North river at Kings Ferry marched through the Service across the Delaware to Pennsylvania was there when Washington crossed over with 24,000 men & took the 900 Hessians was with him in crossing the Delaware & taking Trenton & Princeton was in the Princeton Battle time being but he reengaged for 4 or 6 weeks longer and served time out then returned to Pawling in Dutchess Co. where his father's family had removed in his absence. Then in the Spring of '77 he entered for 9 mo under Capt. Pierce and served guarding the lines at and above White Plains. In '78 under Capt. Lee he served three months at Stone Arabia in the Mohawk Valley '79 under Captain Williams

he served 9 Mo. at White Plains, and in '80 he served 3 Mo. under the same Capt Pierce at Fishkill making in all more than three years. I have a letter from J. Edwards Commission of Pensions sent to Fitch in which is stated that "there is no evidence in the Department of any such services in '76 as that he describes." In relation to that I think that in his Declaration there must have been a mistake in his description for there is a perfect agreement between the history of the Campaign of '76 & his statement to me. The Court's letter further states. "Of the claimed service in Capt Williams Company of 9 Mo. none it must have been after the period mentioned; that officer was not Commissioned for that service until '81." As to that in '81 Thomas Lee was appointed Captain of Levies raised for the immediate defense of the State as appears by a record at Albany of which the Pension Office has a copy, but he was previously as I understand a Militia Captain and as such served when Miles was under him on the lines. The Court's letter also says. "It is further objected that the Claimant's name is not found on the rolls of Lee's Company."
By record in Albany above referred to it appears that Thomas Lee was appointed Captain of Levies to reinforce the Army of the United States in July '80, but he also was a Militia Captain & Miles served under him as such before the appointment as above. When the rolls his service an assumption had to be made and not in the regular service. They also Court's letter also states that "the Witnesses are evidently mistaken as to the period in which the service they describe was rendered, and that some explanation is necessary in view of understanding the merits of this Claim, & that the papers are placed on file."
I have not seen the original Declaration nor a copy thereof nor can I learn that any copy was left but Miles says that when he made it he was in great distress with an inflammation in his eyes that he was then entirely blind and has remained so ever since, that in giving his history to Davis & Fitch he is not aware of any material deviation from the above statement but thinks in drawing it up they may not have given it as it is and that on their reading it to him he was so exhausted that he did not discover the errors if any there were. It appears that there have been two affidavits furnished one of Woodin & one of Bruch which are attached to by the Court's letter testimony affidavits. I have not seen but have seen the men & have had them with Miles on a paper obtained affidavits from them myself which I have sent for the County Clerk's certificate. I have also written to the Secretary of State of Massachusetts for evidence in relation to the service and have not

29329 Revy INVALID. am
File No. 29,329
— Benajah Miles Dis Rev. Dan
Act: June 7 th 82 nd
Index:—Vol. 9, Page 277
[Arrangement of 1870.]

Enter to 1925. Ab. 1838
26. Oct. 1838
" " New John Sanford (July 24, 1841)
all of Porce March 18 th 1842
do to same March 24 th 1842
Same April 28 th 1842
Same May 7 th 1842
64480 Albany New York
Benajah Miles
of Rensselaer Co. in the State of New York who was a private in the company commanded by Captain Thompson of the Reg't commanded by Col. Dixon in the New York Line for 6 months & 23 days
Inscribed on the Roll of Albany N.Y. at the rate of 22 Dollars 53 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of March 1836 and sent to the B D Forest H of R
Arrears to the 4th of March 1836 $1126 Semi-ant. allowance ending Sept 11.26
$12391
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan l Lloyd Clerk, Book 82 Vol. 4 Page 45

State of New York Montgomery County 3/4
Personally appeared before the subscriber a Justice of the Peace in and for the County aforesaid Benajah Miles a resident of the Town of Amsterdam County aforesaid Aged Eighty years who being duly sworn according to Law deposes and says that he enlisted in the Revolutionary War first under Captain Joseph Thomas H. Col. Thomas Kirk- -son in the year 1777 and served under said Thomas & Kirkson about 13 months. deponent further says that he next served under Captain William Pierce 9 months in the year 1779. deponent further says that his next service was under Captain Thomas Lee 3 months in 1780. deponent further says that his next service was under Captain Williams 9 months at White Plains in the years 1780 & 81. deponent further says that his last service was under Captain William Pierce in 1782. 3 months at Fishkill. deponent further says that owing to old age and loss of memory, deponent does not recollect the Christian names of some of his Officers & deponent further says that he may have served in the precise year in which he states the services were rendered - but year deponent has rendered the above services to his country and further says not -
Benajah his X Miles mark
Sworn and subscribed before me this 20th day of April 1842 Joseph French Justice Peace
I certify that deponent is reputable and that his statements are entitled to full credit Joseph French Justice Peace

Montgomery County) Clerks Office
I Henry Cook Clerk of said County do hereby certify that Joseph French whose name is subscribed to the within affidavit and certificate was at the date of such affidavit & certificate a justice of the peace in and for said County of Montgomery, duly authorized and qualified to act as such Justice, and further that I am well acquainted with the hand writing of such Justice, and that the signature to the within affidavit & certificate purporting to be his is his genuine hand writing.
In testimony whereof I have hereunto set my hand and affixed my official Seal the 21 st day of April 1842.
H. Cook Clerk

Mar 17 1842
My
Hon J. L. Edwards Comm. of Press Washington D.C.
f

Amsterdam March 13. 1842
Sir
Since writing you a letter on the 11th instant in the case of Benjamin Miles under the Act of June 1832 I have had another conversation with Mr Miles respec- ting his revolutionary services, He says that he served his Country faithfully 3 years & 10 months & that his first service was under Captain Thomas Thompson & Lieut. Colonel Hickson & Lieutenant Col. Hickson Map. line and served under the above Officers 13½ Months and then was discharged - this enlistment took place a few days before the Battle on Bunker Hill - I wish this item of 13½ Months examined - as you have the Map. Rolls in your possession & let me know the result - Mr Miles is poor and blind & if he has served as long as he states he is undoubtedly entitled to full pay - the services under Captain Thom- as Lee referred to in my letter of the 11th instant - I am pretty certain have not been allowed to Mr Miles - I hope his pension will be increased
I am yours respectfully
Matthew J. Baece
Dear J. L. Edwards

Mar 16 1842
Miss Benjamin & Co. Hales
Hon. J. D. Edwards Comm. of Damages Washington D.C. D.C.
H

Amsterdam March 12. 1842
Sir
Benjamin Miles is allowed a small Pension under the Act of June 1832. I discover by the books at Albany that he is entitled to an increase of his pension under Captain Thomas Lee for 3 months full pay $20. Mr Miles is old and blind & very poor he lives with his daughter who is poor - I hope it will be allowed as he is needy - It could not have been allowed in the adjustment of his claim - or his certificate would have been larger than $22.52
I am yours respectfully
Matthew J. Breece
Dear J. L. Edwards
The old Gentleman says that you have among his papers affidavits showing 6 mo. at and service - he is old and his memory bad - he may be mistaken - I have no doubt from all his statements that he has had more than he is allowed for -
M. J. Breece

Mar 30 1842 AMSTERDAM MAR 26 NY.
FREE
Miss J. L. Edwards Countess of Danvers Washington D.C.
Peninah

Amsterdam March 26. 1842
Sir
In my logs of the 18th edition in the case of Bonjaku Miles or as you stile it Booyamin Miles . I have to say that your views are incorrect as to what I say in my last letter - what I said in my last letter was that Bonjaku Miles had not been allowed for the 3 months under Capt Lee. If you take the trouble to examine his declaration you will find he has alledged the service under Captain Lee. you will also discover that he has alledged his services under Capt Thompson & Col. Wilkinson in the Map. line in his original papers for 12 or 13 months & I have no doubt you will examine them as you have the Rolls in your possession & the rules of the department require you to examine those rolls and see if they correspond with the claimants declarations - I am now satisfied that the claimant is entitled to a full Pension - As the 6 mos & 23 days for which he was pensioned was established by witness as his time in Java informs me & says he went more than 100 miles to obtain the witness - I hope you will make a careful examination in his case as he is blind & needy
I am yours respectfully Matthias J. Baece
Hon. J. L. Edwards

State of New York Dutchess County
On this fourth day of July eighteen hundred & thirty five before me personally came Isaac Birch of about the age of seventy eight a pensioner & now a resident of the town of Poughkeepsie County of Dutchess & State of New York who being by me duly sworn according to law does on his oath depose & say that in the year's seventeen hundred & seventy eight in the year seventeen hundred & eighty he was personally acquainted with Benjamin Miles then a resident of the town of Poughkeepsie County of Dutchess & State of New York & that in the year seventeen hundred & seventy eight he the said Miles enlisted in the service of the United States under Capt William Pease in the New York line the 1st of Regiment Deponent does not recollect if served in that enlistment nine Months And that in the year seventeen hundred & eighty said Miles enlisted in the same line under Capt Thomas Day & Lieutenant Henry Vandeburgh & served three Months in that year & that enlistment in the nine Months service said Miles was a part of the line at White Plains & Harlem Heights & else where & in the three Months service said deponent was with said Miles at one Battle at Stone Bridge on the Mohawk river and further this deponent saith not
Isaac Birch Mark
Subscribed & sworn before me This fourth day of July 1835 and I certify that I know the said Isaac Birch and that he is a credible person Lewis Baker Justice of the peace

State of New York
County of Dutchess
On this fourth day of July eighteen hundred and thirty-five personally appeared John Wooden before me, deponent of the age of seventy-eight years as near as the deponent can recollect & a resident of the town of Poughkeepsie County of Dutchess & State of New York who being duly sworn according to law, doth on his oath depose & say that in the years seventeen hundred & seventy-eight he was personally acquainted with Benjamin Miles who was then a resident of the town of Poughkeepsie County of Dutchess & State of New York & that in the year seventeen hundred & seventy- eight he the said Miles was in the nine months service in the army of the United States under Col. William Peckham in the New York State the 1st of the regiment this deponent does not recollect - also under Col. Dubois - & that this deponent further says he was in the service with said Miles on Long Island New York & White Plains and further this deponent saith not affirm & subscribed this fourth day of July 1835 before me John Wooden  I hereby certify that I know the said John Wooden to be the person described in and who executed the foregoing affidavit and that his name is subscribed to the same and that he is a credible person.  Lewis Baker Justice of the Peace
State of New York
County of Dutchess
I Henry Graham Clerk of the County of Dutchess do hereby certify Lewis Baker Esq. before whom the above and annexed affidavits were taken was at the time of taking the same a Justice of the Peace in and for said County duly qualified and further that I am well acquainted with his hand writing and verily believe that the signatures affixed to said affidavits to be the proper hand writing of the said Justice
Given under my hand and the seal of the said County the 6th July 1835 Henry Graham Clerk

12/
By
J Sanford
Hon. J. Sanford H.R.

In pursuance of a law passed the 27th day of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz :
  1779 Nov r 21 47.469 Benajah Miles for 3 12 10   1 mo 17 days 
STATE OF NEW-YORK, COMPTROLLER'S OFFICE, Albany, 184 }
I hereby certify the above to be true extracts from Book No. — 10 — now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz :
First—under Capt. William Pearce in Col. Morris Graham's Regiment. Second, " " [Signature] " " [Signature] " Third, " " [Signature] " " [Signature] " Fourth, " " [Signature] " " [Signature] " Fifth, " " [Signature] " " [Signature] " Sixth, " " [Signature] " " [Signature] " Seventh, " " [Signature] " " [Signature] " Eighth, " " [Signature] " " [Signature] "
M c Intosh Dep. Comptroller

July 27.
NY.
J. L. Edwards Esq. Commissioner of Pensions Washington City

Hoonick Falls July 23 d 1835
J. L. Edwards Esq. Commissioner of Pensions
In enclosed is the original application of Benajah Miley for a Pension under the act of 7 June 1832 with such additional proof as he has been able to find he has sought for more proof but has not yet been able to find any person living who could furnish any additional testimony which would be material. Please give his case an attention at as early a period as can conveniently be done for the old man is extremely poor & infirm being entirely blind.
Please address John Fitch Hoonick Falls Rensselaer Co. New York
Respectfully yours John Fitch

Bonajah clilus
Send to H. P. Hunk H. Rep. -

James L Edwards Esq Commissioner of Pensions
Sir
By your letter of January 4th 1836 and refered to H. P. Hunt Member of Congress and by him transmitted reading as follows. "Benajah Miles will upon the evidence now before the department, be allowed a pension for six months and twenty three days service. If he admits his claim true, he will signify his accept- ance of a pension for the term mentioned, and a certificate will be issued". Now Sir I do accordingly admit my claim and consent to accept of a certificate accordingly
Signed in presence of H. L. D. L. Very Respectfully yours his
Benajah + Miles mark
State of New York Rensselaer County
On the 22nd day of February 1836 before the undersigned personally appeared Benajah Miles known to me to be person to whom the letter of J. L. Edwards alluded was addressed and who executed the foregoing and acknow- ledged the above mark to be his act and deed after the same had been read and explained by me
E. B. Wadsworth
Commissioner of deeds
State of New York
Rensselaer County
ss: I Henry P. Bristol Clerk of the said County do hereby certify that Ebenezer Wadsworth Esquire before whom the foregoing acknowledgment appears to have been made whose signature appear to the above Certificate was at the date of the same a Commis- sioner of Deeds in & for the said County duly authorized to take the same And that his signature above written is genuine
In testimony whereof I have hereunto set my hand & affixed the seal of the said County this 29th day of February A. D. 1836
Henry P. Bristol Clerk

apc 26 '42
Inf
Berapah Miss
FREE
Hon J. L. Edwards Comm. of Lanesboro
Washington
D.C.

Amsterdam April 22. 1842
Sir Enclosed I forward you an affidavit of Benjamin Miles in his case - I hope this affi- -davit will enable the department to make an accurate examination of his case - The services under Capt Thompson Col. Nicholson will be easily examined as you have the Rolls of that Reg- -iment in your possession - it would appear from the old account that he has been in the service more than 2 years - I hope you will find services enough to entitle him to full pay as he is poor and Blind
I am yours respectfully
Matthew J. Barea
Dear J. L. Edwards

May 4. 1842.
free
W. Hon. J. L. Edw. Edwards Comt. of Divisions Washington D.C.

Amsterdam May 2. 1842
Sir
In reply to yours of the 28th of April last in the case of Benjamin Miles - I would say that I have had a conversation with him to day about his services under Captain Thompson Col. Nixon - I have obtained the following facts - He says his Lieutenant was William Loogood his Captain Thompson His Col & Lieutenant Col were Brothers by the name of Nixon that he was stationed at Winter Hill until the Bri- tish left Boston & then marched to New York from thence in New Jersey - and served 13\frac{1}{2} months & when I read your letter to him - he said in reply God knows that I understand that service - I presume he is not correct as to the year, as to the services under Captain Thompson I do believe he is correct - He says he arrived at Boston a short time after the Battle of Bunker Hill which would carry his Entitlement to the year 1775 - con- sequently his services would be in 1775 & 1776 - under Capt Thompson Col Nixon - I hope you will examine this part of his services, as his daughter is his only hope while he lives, & she will be remembered among the dead before this can reach you - Hon J. H. Edwards
I am your respectfully Matthew J. Boree

E. Wadsworth as to Pension Benjamin Miles Dec r 4 th '35
Hon H.P. Hunt, H.R.

had no answer. Now Sir what I want of you in this matter is that you go to the Pension office and get a view of their papers and see if on a review they can not discover that your such services rendered as Indescribers in '76 and also that Williams and Lee were Militia officers at the time he alleges his service to have been rendered against them and that there is merit in his claim sufficient to give him a pension without further evidence and if not, and if the description given above differs from his declaration I wish to know in what particulars so that the explanation required may be given. I also want to know what testimony of Woodin & Bunch was it may be that in point of time they may have been incorrect for there was much conversation between them and others on that subject and they are both as I understand pensioners and are claiming for the same service they rendered with Miles. Your early attention to this matter will confer a favor but if not consistent for you to look into it please answer me at once. Will you also send me copies of Public Documents &c during the Session. It has been unusually cold for 10 or 12 days past and good sleighing with 4 inches snow but today a wind blows from the South East.
Very Respectfully Yours & G. B. Macdonald
Mr. White I began it was on a postal thinking that would be sufficient, but the story has been longer than I anticipated

Free W.P. Hunt
H.P. Allen H.R.S.
J. L. Edwards Esq. Commissaire of Pensions Washington City.

New York
River -
Barnajah Miles
Landlord
Letter to John Fitch
July 30. 1835
letter to Hon. H. P. Hunt
Dec. 25. 1835 to same Jan'y. 4. 1836

Dec. 18.
My. Kennebec -
For H.P. Root M.
J. L. Edwards Esq. Compt. Provisions Washington
Hon H.P. Root H.R.

Hall of Rep. U.S. Dec. 17 5 '35-
Sir
Allow me to call your attention to the Can of Blue Jay Notes, which it seems from enclosed paper applied some time since for a Pardon. My object you will perceive is to obviate if I can the objections to granting him a Pardon - I have thought it more convenient for the Department to forward you the paper, such as, than to take up your time by a personal call - An answer as early as consistent with your pressing engagements will much oblige me -
With great Respect Yours & H. D. Hunt
J. L. Edwards Esq. Comp. Pardon -

Oct 15.
In at
NY Borough of Astoria
Miss J. L. Edwards Missin board Washington D.C.

Amsterdam October 12. 1838
Dear Sir
I wish you to forward me a copy of the report in the case of Mr Benjamin Miles of this State - he draws a small Pension but informs me that he served more than three Years in the Revolutionary War - If so he ought to be allowed more than $22
I am yours respectfully
Matthias J. Buel
Hon. J. L. Edwards

J. Edwards Comm. of Pensions
Hon. W. P. Hunt
House of Representatives
Mr. Hunt wishes to know from Ad. Edwards whether any thing further is to be done to entitle Widows to a Pension or Not. I may write him that you will draw the usual pension at Albany. H. P. Hunt.

War Department Pension Office Dec. 26. 1835
Sir,
In reply to the enquiry in your letter of the 17 th inst. respecting the claim of Benajah Miles, I have the honor to state that the papers in this case have again been examined. Since the former examination, pay rolls of Capt. Pierce's company, and of Capt. Lee's company have been found, the latter for the year 1780. The claimant seems to have rendered one tour of service therein of six days, and one of three months; and in Capt. Pierce's company a tour of three months and seventeen days; in all, six months and twenty three days, for which he will be allowed a pension. Should he persist in his claim to other service, it will be necessary to produce further proof.
I have the honor to be
Very respectfully
Your Ob. Servt.
J. G. Edwards
\begin{array}{r} 3.3 \\ 3 \\ \hline 6.3 \end{array}
Wm. N. P. Hunt House of Representatives

ny
J Sanford Hous R
Hn. J. Sanford H 2

Commonwealth of Massachusetts.
Secretary's Office, May 19 th 1842,
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the following Certificate is found in an account book of Col l Nixons Reg t "Benajah Miles Dr" November 20 th 1776 { To cash paid for Sept r . 2. 0. 0 December 24 th { To do. for Oct r & Nov r . 4. 0. 0 { To do for Hose ~ 0. 0. 0 March 30 th 1777 { To do p r Lt Crittington pr. ord - 5. 13. 6
Settled in full " £ 11. 73. 6 or Hmo. 204
N.B. Claimant says entered the fall of 76 & served 13 1/2 months
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John D. Sleeper
Secretary of the Commonwealth.

Payment to be made at Albany by First Mech s & Farmers Bank Agent for paying Pension- ers in the Agency of New York
Issue new Certificate No. 1381 PR 38 3/4
deduct what has been paid
Recorded in the Pension Office in Book E 2 V 4 Hon J. Sanford Page 45 by Dan l Boyd H.R. Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that in conformity with the law of the United States, of the 7th June, 1832, Demajah Miles of the state of New York who was a private in the Army of the Revolution is entitled to receive Twenty-five  Twenty-five dollars and Fifty three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually, on the 4th of March and 4th of September, in every year.
Given at the War Office of the United States, this Tenth day of March one thousand eight hundred and thirty-Six
L. S. Chap Secretary of War.
Examined and Countersigned. } J. L. Edwards
Commissioner of Pensions.