Revolutionary War Pension and Bounty Land Warrant Application File R. 7218, for Peter Miller, New York

SERVICE
Miller, Peter
NUMBER
R. 7218
New York
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

13. 122
Peter Miller Scatchfield NYork
5. 14
P. 374
May 33
John H. Jackson Poughkeepsie NY

BRIEF in the case of  Peter Miller  of Dutchess  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69 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. As a Gen.     Spring In 1779 8 Private Capt Connolly Maj. Brigs   Spring 1780 5 " Capt Connolly Maj. Brigs  
M c Miller claims for Military Services in the Summer of 1781 & 82 during service of officers not named
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Fishkill New York  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By a living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cloutier Examining Clerk.

Pension Papers
Peter Miller
The Commission of Pensions will please send instruction to Joseph H. Jackson Doughkeepsie New York.

Declaration, in order to obtain the benefit of the "Act of Congress" passed June 7th. 1832.
State of New York.
Dutchess County ss: On this twenty-eighth day of September, 1832, personally appeared in open Court, before the Court of Common Pleas in said County now sitting. Peter Miller, a resident of the town of Poughkeepsie in said County of Dutchess and State aforesaid aged sixty nine years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7th. 1832.
That he was born in Poughkeepsie aforesaid in 1763 as appears by his family record now in his possession. That he entered the service of the United States at the Barracks in Fishkill in the County & State aforesaid as a volunteer in the Spring of 1779 under Captain Robert Connelly for eight months. That he cannot state to what (if any) regiment Captain Connely's company belonged, but remembers, associated with him in service Major --- Keyes. That during his eight months service at the barracks he acted as a collier and received in addition to his soldier's pay an extra half ration every day. That at the expiration of the eight months for which he had enlisted he was verbally discharged.
That he again entered the service of the United States at the Barracks in Fishkill aforesaid under Captain Robert Connely in the Spring of 1780 for eight months, & was engaged as before as collier, & received as before an extra half ration. That he remained in service five months when he received permission from his Captain to return home to visit his Father who was then sick. That he received no discharge & does not remember the names of any Officers who were associated with him in said five months service other than that of Major --- Keyes.

That after the termination of his last mentioned service & until the close of the war he was one of a company of militia-men under the command of Capt Abraham Fort, Lieutenant Peter Lawson & Ensign Simeon Lawson. That during the summers of (as he believes) 1781 & 1782. he was frequently ordered on guard at Wappingers Creek in Dutchess County aforesaid for the purpose of guarding the passage at the bridge over said Creek. That he was so ordered out & on service at said bridge on 5 or 6 different occasions for a few nights each time.
That also during said summers at the Village of Poughkeepsie in the County of Dutchess aforesaid he was on 5 or 6 different occasions for a few nights each time on service as one of a guard to prevent the Tories from releasing prisoners who were confined in the Gaol of said County. That Abraham Swartout was Captain of the guard. That he cannot name any other Officers who were associated with him in service during said summers of 1781 & 1782. That he now lives in the Town of Poughkeepsie aforesaid where he has resided ever since the revolution. That he has no discharge and can produce no documentary evidence of his service. That he knows of no person whose testimony he can procure, who can testify to his service other than Henry Relyea whose affidavit is herunto annexed.
That he refers to the Reverend Cornelius C. Cuyler, John S. Myers & James B. Fraser all of Poughkeepsie aforesaid as persons who can testify to his character for truth & veracity & to his reputation as having been 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.
Subscribed the day & year Novm 1811 aforesaid

Sworn to & subscribed the day & year Peter Miller aforesaid
Henry Fraser Clerk
State of New York
Dutchess County ss: Henry Relyea, a resident of the Town of New Paltz, County of Ulster and State of New York aged 78 years, being duly sworn doth depose and say that he entered the service of the United States at the barracks in the Town of Fish- hill & County of Dutchess & State aforesaid in the Spring of 1779, under Captain Robert Connelly, That he is well acquainted with Peter Miller, who has subscribed and sworn to the above declaration, That said Peter Miller entered the service at the same time, at the same place & under the same Captain with this deponent. That said Peter Miller and this deponent enlisted as soldiers but were engaged as colliers during a period of eight months, & that said Peter Miller remained in service under Captain Robert Connelly at Fishhill aforesaid during said eight months with this deponent and until both were discharged & further says not.
Sworn to, & subscribed in open Court the day and year aforesaid Henry Relyea his mark
Henry Fraser Clerk
Decorative flourishes and scribbles at the bottom of the page.

We. Cornelius C. Cuyler, a Clergyman, residing in the Town of Poughkeepsie, County of Dutchess and State of New York and John S. Myers - resident of the same place hereby certify that we are well acquainted with Peter Miller, who has subscribed and sworn to the above declaration; that we believe him to be sixty nine years of age; that he is reputed and believed, in the neighbourhood where he resided, to have been a soldier of the revolution and that we concur in that opinion. And we hereby further certify that said Peter Miller is a credible person & that his statement is entitled to credit.
Sworn & subscribed in open court the day & year aforesaid.
Henry J. Beaver Henry J. Beaver Clerk Sworn and subscribed Sept. 28, 1833
John S. Myers I concur in the above certificate with John S. Myers except that I have never heard of Peter Miller spoken of as a soldier of the revolution.
Corn. C. Cuyler
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 Cornelius C. Cuyler, who has signed the preceding certificate is a Clergyman residing in the Town of Poughkeepsie, County of Dutchess, and State of New York and that John S. Myers - who has also signed the same is a resident of the same place and is a credible person, and that their statement is entitled to credit.

I. Henry J. Trauer, Clerk of the Court of Common Pleas in & for the County of Dutchess & State of New York do here- by certify that the foregoing contains the original proceedings of the said Court in the matter of the appli- -cation of Peter Miller for a pension.
In testimony whereof I have hereunto set my hand and seal at Office this twenty-seventh day of September in the year of our Lord one thousand eight hundred and thirty two.
Henry J. Trauer Clerk
$1.28 1/2
months service other than that of Major -- Reyes.

Supplementary affidavits &c in the matter of the application of Peter Miller for a pension under the act of June 7th, 1832.
State of New York.
Dutchess County ss: Personally appeared before me the undersigned, a Justice of the Peace of the Town of Poughkeepsie in said County. Peter Miller who being duly sworn deposes and saith, that the service first mentioned in his declaration hereto annexed was a service of eight months, that he enlisted as a soldier and was directed by his commanding Officer to perform the services of a Collier, but "was not employed during said eight months with the army upon civil contract ." That the service secondly referred to in his said declaration was a service of five months, that he then enlisted as a soldier and was directed by his commanding Officer to perform the services of a Collier, but "was not employed during said five months with the army upon civil contract ." That during his two periods of service above mentioned he was under the command of Colonel — Hay and remembers as there associated with him in service (in addition to those named in his said declaration) General — McDougal . That the several services lastly referred to in his said declaration were services in all of not less than one month making together a service of one year and two months for which service I claim a pension.
Sworn to and subscribed this eighteenth day of May 1833 before me J. D. Dutton Justice of the Peace
Peter Miller
"months service other than that of Major — Hayes .

State of New York.
Dutchess County ss. Henry Relyea, a resident of the Town of New Paltz, County of Ulster and State of New York, being duly sworn doth depose and say that he is the same person who on the twenty eight day of September 1832 in open Court made an affidavit of the actual service of Peter Miller in the war of the revolution. And that the affidavit forming a part of the original papers in the matter of the application of said Peter Miller hereto annexed and having his name thereto subscribed with his mark is his affidavit and is true.
Sworn to and subscribed this eighteenth day of May before me
J. B. Dutton Justice of the Peace
his Peter Relyea mark.
I, Samuel B. Dutton a Justice of the Peace in and for the Town of Poughkeepsie and County of Dutchess and State of New York do hereby certify that Peter Miller who before me made the within affidavit is a credible person and that his statement is entitled to credit. And I do further certify that Henry Relyea, who before me made the above affidavit is a credible person and that his statement is entitled to credit.
J. B. Dutton Justice of the Peace
I, Henry S. Graves, Clerk of the Court of Common Pleas in & for the County of Dutchess & State of New York (said Court being a Court of Record and having a Clerk & Seal) do hereby certify that Samuel B. Dutton before whom the annexed affidavits were taken and who made the annexed certificate was at the time of taking said affidavits and making said certificate a Justice of the Peace in & for the Town of Poughkeepsie, County of Dutchess & State of New York. And I am well acquainted with the handwriting of the said Justice and verily believe that the signatures attached to said

affidavits and certificate are his genuine signatures. In testimony whereof I have hereunto set my hand & seal of Office this eighteenth day of May in the year of our Lord one thousand eight hundred and thirty three.
Harvey Francis Clarke
months service other than that of Major Keyes.

Acts of July 14, 1862, and March 3, 1873.
7218 P. O. Peter Miller
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Peter Miller Call Nov - Jan 1832
Hon J. Minot
Court of Reunions Washington
D.C.

May 25.
N.Y.
U.S.
FREE
War Department, Pension Office, Washington City -

Po-keepsie May 18 th . 1853
Sir
It is presumed that the within supplementary papers will fully meet the objections set forth in the accompanying brief herewith returned.
Respectfully Yours &c Joseph H. Jackson

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Peter Miller  Dutchess Co NY which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes  Applicant must state the date & length of each term of service, and the names of the field officers under whom rendered, with and furnish the best evidence he can to sustain his declaration. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. †Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. 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, deposeh 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 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 shewn 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

New York Feb 11 1855.
Sir
On behalf of the heirs of Peter Miller whose attorney I am I enclose you a copy of an official letter of D. L. M c Leod, H cy dated Fishkill 9 th March 1780, with a return of the names of men engaged in coaling service attached, addressed to "his Excellency Governor Clinton", and endorsed "Public Service", the same being verified as a true copy of the original by the affidavit of the Asst Librarian of the New York State Library at Albany (Henry A. Home).
I learn from the heirs, that their father Peter Miller applied for the benefit of the Act of June 7. 1832, and that the Com r of Pensions, reported his name in 1852, as suspended, "as there has no evidence been furnished to substantiate his claim."
It should be proved that claim belonged to Col Hays Regiment, and that in making coal he was acting under military authority. The document endorsed establishes the fact that he was "acting under military authority."
His heirs also assert, that he received

Subsequent to his service in coalings, to wit in 1781 & 1782. As he made a declaration which is on file in your office, I would respectfully enquire whether he claimed to have made such service.
Peter Miller died in Sept r 18 th 33, as I am informed, and his widow survived him but a few days.
Please inform me what further proof you require besides the date of Peter Miller's death -
Very respectfully Yours obediently J. R. Hitchcock Att y for the heirs of Peter Miller Box 2872. P.O.
Hon J. Minot Clerk of the Supreme Washington D.C.

New York Rev.:
Peter Miller Suspended
See letter to 1218 Joseph H. Jackson 10. August '33 JR Hitchcock No 12 1855
act 7 June 1832

Fishkill 9 March 1780.
Sir
I am favored with yours, of the 5 th inst, in which, your Excellency, is pleased to promise an impress warrant, on your arrival at Poughkeepsie for which, I shall take the liberty to apply, if it then should appear necessary, as our Smiths, use a great many Coals in this department I have made a contract for forty thousand bushels, with a Robert Conolly, to whom I have promised every assistance in my power, to give as a public Officer, both in procuring the necessary wood and in requesting a protection for his men employed in performing that contract, and to whom the following oath shall be administered, "I do hereby solemnly swear, to be true and faithful to the United States of America, and voluntarily consent to be under Military Law for the space of Eight months from this date, or to such time as the contract made by my Employer, Mr Conolly with Wadsworth & D. M c Gernal, for forty thousand bushel of Coals, shall be performed not exceeding that time," Enclosed you have a list of Fifteen men, with the Regiments to which they belong, who have taken the above affidavit, for whom I would request from your Excellency, an exemption from all military duty, except in Cases of General alarm.
I am induced to hope for your Compliance on this subject, from a consciousness of my seldom making application of the same nature.
I have the honor to be with the utmost respect Your Excellency's most Obedient and very humble servant
Indorsed
Wadsworth
Public Service
and addressed to his Excellency
Governor Clinton

State of New York City and County of Albany. ss
I Henry A. Homer, assistant Librarian of the New York State Library, being duly sworn do testify that the foregoing letter with its annex is an exact Copy of 2738 of the Ninth Volume of Governor Clinton papers, preserved in said Library. The single interlineation and change to New Holberg were made to conform to the Original.
Sworn before me this 17th day of October 1855
Henry A. Homer Asst Libn.
Daniel W. Mills
Commission of Office

A Return of the men now engaged with me in the Coaling Service, for the space of Eight months, and has each for himself taken the Oath to be true and faithful for that time and that they will not quit my service till that time -
Col. Brinkerhoff's Regt at Fishkill of Capt Van Wyck's Company
William Crawford Ebenezer Perkins John M c Teer Joseph Green Henry Cean Andrew Holloway James Thiam
Capt Askin's Co F. Kill
Col Fryer's Regt Poughkeepsie Lt Foote's Company
Henry Kilya Peter Miller Thos Miller
Col Johnson's Regt New at Hoboken
Adam Crapsy Allan Lester Seth Mather Moses Hobt Henry Willis
Capt Carr's Company
Wappin's Creek 6 March 1780. "Capt"
By me Robert Conolly
On the outside is enclosed M r . Conolly's Return Engaged for Coaling