Revolutionary War Pension and Bounty Land Warrant Application File S. 23,322, for Giles Miller, New York

SERVICE
NUMBER
New York
Miller, Giles
S. 23,322
CONTENTS

24819
New York
Giles Miller Montgomery in the State of New York who was a Private in the Comp y commanded by Captain Veeder of the Reg t commanded by Col Fisher in the New York line for 15 months
Inscribed on the Roll of New York at the rate of 50 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of March 1834 and sent Hon B. McVean Atty Reps
Arrears to the 4th of Mar 34 — $150.00 Semi-ann. allowance ending 4 Sep t 34 25.00 $175.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by M c Cromwell Clerk Book E Vol. 4 Page 106
226

13.710.
Giles Miller Montgomery County N.Y.
ei
Entd.
George D. Ferguson blk Montgomery County Conn 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 Giles Miller, Montgomery County, N.Y.
   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.     Enrolled 1780. Private Capt Teeder Col. Fisher Johnstown Marched to Fort Plain, thence to Brownstown Creek & The iron: then returned to Fort Plain & thence, in Oct 1781, to Johnstown Age 72 yrs & 9 months. Johnstown A living witness tradition  
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 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 give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and 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 in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases. 2
[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. 3

State of New York Montgomery County
On this 28 th day of Sept r 1832 personally appeared in open court before Aaron Haring Abraham Morell Henry J. Divendorf Samuel A. Gilbert and John Van Esquire Judges of the Court of Common Pleas now sitting Giles Miller a resident of Ephratah in the County of Montgomery and State of New York aged Seventy two years and nine Months 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 7 th June 1832. That he entered the service of the United States under the following named officers and served as herein stated viz That in the month of May 1780 this applicant then living at Caughnawaga was enrolled in a militia Company under the Command of Captain Robert Veeder Col. Brant's Indian Regiment and was rendered at the Fort or as it was called Block House at Caughnawaga to guard the inhabitants who had taken refuge there to escape the depredations of the enemy. This country then being newly settled and before the war large tribes of Indians inhabited large territories bordering on the Mohawk River, among these were the Mohawks, these having fled to Canada with Sir John Johnson or shortly afterwards during the whole war made incursions from their retreat murdering or scalping the inhabitants, burning or plundering their property and with their booty again retreating to Canada. This country then known by Tryon County was the particular object of their vengeance. Thus situated the inhabitants erected these temporary Forts or Block Houses whither the defenceless took shelter as above stated and a constant guard was stationed to secure their safety, at one of these Forts the claimant was stationed during the greater part of the year 1780 after he was called into service in May as above stated, that in the Spring of 1781 he marched with the Company to Fort Plain from there to Bowman Creek and thence then called Fortlock Fortlock that they arrived there in time to save the lives of many of the inhabitants from Indian Massacre they were in such close pursuit of the Enemy that they found members of the inhabitants scalped and weltering in their blood and others killed whom they buried of those scalped there is one still living viz, a Mr Divendorf whom this Company rescued and restored to his friends that they returned to Fort Plain and was there stationed until about the first of October when the news was brought that the enemy was advancing from Canada towards Johnstown when Orders was received from Col. Willett for the militia to repair to that place that applicant with the Company accordingly marched and was in the battle at Johnstown aforesaid on the 22 nd day of Oct r 1781 after this action the applicant returned with the Company to the Forts and continued to serve in the Garrison until peace. He knows of no person whose testimony he can procure relative to his service except William Wallace who was

with him during part of the periods mentioned in whose affidavit is hereto annexed - He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the Roll of any agency of any State
To the questions directed to be propounded he answers
He was born in the town of Johnstown on the 26 th day of December 1759 He has a record of his age made by his parents it is now in the city of Schenectady He lived in the town of Johnstown when he entered the Service - after the revolutionary wars he has lived where he now resides in the town of Ephratah taken from Palatine, that he entered the Service by being enrolled in the militia and ordered by his officers That he served along with Gen Van Rensselaer Col Willet Col Freer Col Fisher and the officers on the stations and the regiments also on their stations along the Mohawk river
That he is acquainted with the reverend Abraham Van Horn and Daniel Edwards who will as he believes certify to his character and veracity and his services as a soldier of the revolution
Sworn to and subscribed
This 20 th September 1832
Giles Miller mark
Thomas Lapham Isaac S. Hetchum
We Abraham Van Horn a clergyman residing in town of Johnstown and William Walling
Daniel D. D. D. residing in the same place hereby certify that we
Daniel Edwards are well acquainted with Giles Miller who has subscribed and sworn to the above declaration that we believe him to be seventy two years of age that he is reputed and believed in the neighborhood where he resides to have a soldier of the revolution and that we concur in that opinion
Sworn and subscribed
this 20 th Sept 1832
Daniel Edwards
Isaac S. Hetchum

and the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented 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 Isaac Ketchum who has signed the preceding certificate is a clergyman resident in the town of Palatine and that Daniel Edwards is a resident of the town of Johnstown and is a creditable person and that their statement is entitled to Credit
I George D. Ferguson Clerk of the Court of Montgomery Common pleas do hereby certify that the foregoing contains the original proceeding of the said Court in the matter of the application of Miles Miller for a pension
In testimony whereof I have hereunto set my hand and seal of office this 24 th day of September 1832
Geo: D. Ferguson

State of New York } Montgomery County } B
Personally appeared before me the undersigned a Justice of the peace in and for the said County of Montgomery William Wallace of the town of Ephratah who being duly sworn deposeth and saith that he was well acquainted with Giles Miller during the Revolutionary War. That he this deponent was in the service of the United States during the years 1780 81. 82 & 83. and that Giles Miller to the knowledge of this deponent was in the service of the United States in Capt. Veders Company in Col. Fishers Regiment from the 1 st May 1780 to the close of the year at least six months, and from that time to the close of the War he knows of his own knowledge that the said Giles Miller was in actual service of the United States for at least one year and six months either in the field or in garrison and during which time he was not engaged in any Civil pursuit, but was ordered & commanded by officers of competent authority and with an embodied Corps -
Subscribed & sworn this 7 th June 1833 before me
W m Wallace
Henry Mc Livingston Justice Peace
I hereby certify that I am personally acquainted with William Wallace the above named deponent and that he is a man of truth and veracity and that his statement is entitled to credit - Henry Mc Livingston J. P.

State of New York Montgomery County } ss
Personally appeared before me the undersigned a Justice of the peace in and for the said County of Montgomery. Giles Miller 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 Six Months during the year 1780 6 (after I was informed in the month of May) I served as a private, in 9 the Company of Capt Verder Col Fishers Regiment, For Nine Months during the year 1781 I served as a private in the said Company of Capt Verder and from the 1st of Jany 1782 until the peace in 1783 12 I served not less than one year as a private in said Company, and for such service I claim a pension, and further this deponent saith that from May 1778 until the cessation of Hostilities in 1783. he considers himself as engaged in the service as he was then during the whole of that time either in the fort or the field and not engaged in any civil pursuit, but for the terms mentioned above he was with an embodied corps ordered and commanded by competent authority. - To the 6th interrogatory as noted as not being answered he says that he never to his knowledge received any but a verbal discharge.
Subscribed & sworn this 7th June 1833. before me
This Giles Miller mark
Henry M. Livingston Justice Peace

State of New York Montgomery County, Clerk's Office, ss.
I, George D. Ferguson, clerk of the Court of Common Pleas of the County of Montgomery, do hereby certify that Henry M. Livingston Esquire, before whom the within affidavit, & also the annexed affidavit of William Wallace purports to have been sworn was on the date thereof a justice of the peace of the said County. And that I am well acquainted with the hand writing of said Justice & verily believe that his name subscribed to the within & to the annexed affidavit as above mentioned and also to the certificate of good character of the said William Wallace, is genuine
In testimony whereof I have hereunto set my hand and Seal of Office this 8th day of June 1833.
Geo: D. Ferguson
com 2 15mo 31d 50 3/4
W. H. FEAR M.L.
Mar 1, '34
I hereby relinquish for the claimant all claim to the benefit of the act 7 Jan '32 except the two terms of 6 & 9 months

I hereby relinquish for the claimant all claim to the benefit of the Act 7. June '32 except the two terms of 6 & 9 months
Mar '34
[Signature] M c Lean M.L.
Rev. S. 15th of Feb 1834
Geo: D. [?] 1834
June 1833

Rev. Act 7. June 1833 Giles Miller Suspended See letter to Thos. R. Benedict Ephratah N. Y. 18. Oct. 1833 adm d
W. M c Lean —

Reproduction
23 222 INVALID.
File No. 23,322
Files Miller
His Rev Mrs
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 975
[Arrangement of 1870.]