Revolutionary War Pension and Bounty Land Warrant Application File S. 7230, for Philip Miller, North Carolina

SERVICE
NUMBER
Nb.
Miller, Philip
S 7230
Carded
CONTENTS

16.141 North Carolina
Philip Miller
of Rowan in the State of North Carolina who was a pri: in the company command by Captain Grininger of the Regt command by Col: Loftin in the North Carolina line for 10 months
Inscribed on the Roll of North Car: at the rate of -33- Dollars -33- Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of July '33 and sent S. Silliman Salisbury N.C.
  Arrears to the 4th of March '33 -  66.66    Pemi-ant. allowance ending 4 Sept " -  16.66 3/4         $83.32 3/4  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book C. Vol. 6. Page 49

15869
Philip Miller
Nb
Adm y 10 mo 01 purch - $33.33
4.5. 12. 13.
Sam Sellman Salisbury NC

BRIEF in the case of  Philip Miller  County of Rowan in the State of North Carolina  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  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.     drofled In 17 about 4. private Gen. Rutherford Col Locke   " 3 Sergt. Capt Roundman   Rec. 3 " Col Loften, Major Harris Capt Criminger  
 5. In what battles was he engaged? Camden  6. Where did he reside when he entered the service? Rowan County N.C.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? defective in form, Certif: of clergyman wanting 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas Forrest
Examining Clerk.

Phillip Millers Declaration for a Pension.
15869
✓

State of North Carolina } Rowan county }
On this tenth day of October 1832 personally appeared in open court before the Judge of the Superior Court at Law for Rowan county now sitting, the same being a court of Record. Phillip Miller a resident of said county aged seventy three years who being first duly sworn, 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 Rowan county, N. Carolina and has resided there always, that a record of his age at home copied from his father's family record which states that he was born in the year 1763.
That he entered the service of the United States as a volunteer soldier in Captain Daniels company at Fullenwyder's House in Rowan County under Colonel Francis Locke and General Nathaniel and served in what was called the Cherokee expedition for about four months sometimes a waggoner sometimes a soldier and sometimes was a guard and driver of pack horses.
That he was next a volunteer soldier at the same place in Captain Bondleman's company under General Nathaniel for three months during which time he marched to South Carolina and was at Gates defeat near Camden, and after that served the balance of the three months stationed at the trading post on the Yadkin near Salisbury.
He was again a volunteer for 3 months at the same place in the company of Captain Frederick Cruminger, Major West Branch, Colonel Loftin, Genl. Rutledge and marched to Wilmington, North Carolina & was dismissed from service at the end of the war. He acted as sergeant in the company to which he belonged during the two last mentioned trips. That he has lost his written discharges.
He hereby relinquishes all 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, within his knowledge.
Phillip Miller
Sworn to and subscribed in open court the day and year aforesaid.
Henry Giles CSE

We Nathan Morgan, and Martin Hoffner Residing in Rowan County do hereby certify that we are well acquainted with Philip Miller who has subscribed and sworn to the foregoing declaration and we believe him to be seventy three years old, that we served with him part of the time, during the revolutionary war that we have full confidence in his integrity and believe that he served as he states
Sworn to and subscribed the day and year aforesaid in open court.
Nathan Morgan Martin Hoffner
Henry Giles C.S.C
And the Judge of the said court doth hereby declare his opinion after investigating the matter and putting the interrogatories prescribed by the War Department; that the before named applicant was a Revolutionary soldier and served as he states.
And the court further certifies that it appears to him that Nathan Morgan and Martin Hoffner who have signed the preceding certificate are credible persons residing in Rowan County North Carolina and that their statement is entitled to credit. Oct 12 th 1832
James M. Martin
I Henry Giles Clerk of the Superior Court of Law for Rowan County do hereby certify that the foregoing is the original proceedings of the said court in the matter of the application of Philip Miller for a pension, and that James Martin is the Judge of said court for this term.
In testimony whereof I have hereunto set my hand and seal of office the 23 rd day of October 1832
Henry Giles C.S.C

The foregoing Declaration and certificates having been returned from the office of the Secretary of War with objections. The Declarant again appeared in open court before the Judge of the Superior Court of Law for Rowan County  on April 10 th 1833.  and  made  oath  in  due  form  of  Law to the following explanations of the objections stated in the objections.
That the first period of his service in the war of the revolution was as he believes a term of four months in the Cherokee expedition as a private soldier in the summer of the year 1779. in General Rutherford's army of militia, and that the army marched through the mountains in both Carolina.
That the time he was at the battle near Camden in South Carolina was in the summer of the year 1780. That his third term of militia service was in the year 1781.
That one clergyman acquainted with him at the time of making this declaration or at this time lives near him; that he could not procure the now procure any such to attend the court for the purpose of giving their certificate.
That the two citizens whose affidavits he has procured are his rough hewn nearly of the same age with himself - were with him as soldiers in the army (a part, though, not all the time he served) & he was advised that their direct testimony was the best he could procure. The affiant by reason of disease is unable to attend court. Philip Miller
Be it it known that on the 10 th day of April 1833. Philip Miller appeared before me Casper Stolhouse a Justice of the Peace in and for Rowan County and being first duly sworn according to law - saith on oath That the above explanation and amendment of his declaration is true according to the best of his knowledge and belief - sworn to and subscribed before me the day and year last above mentioned.
C. Stolhouse J.P.
I John Giles Clerk of the Court of Pleas & Quarter Sessions for Rowan County North Carolina, Here by certify that Casper Stolhouse before whom the above amendment to the Declaration of Philip Miller appear to have been sworn to is an acting Justice of the Peace in and for said County, and that the above signature purporting to be his is genuine.
In testimony whereof I have hereunto subscribed my name and affixed my seal of office the 25 th day of April 1833
J. Giles Clerk

a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. Philip Miller S. 4. 7230.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Summer 1779 4 mos. Private Barrier Francis Locke N.C.   Summer 1780 3 mos. Sergt Pendleton Gen. Rutherford "   1780 or 1781 3 mos. Sergt Fredrick Crinninger Loftin "  
Battles engaged in, Camden
Residence of soldier at enlistment, Rowan Co., N.C.
Date of application for pension, Oct. 10, 1832. His claim was allowed.
Residence at date of application, Rowan Co., N.C.
Age at date of application, 73 years.
Remarks: No data as to family

Admit as private to me $33.33
Sand Hillian Salisbury N.C.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Philip Miller which require further proof or explanation.
4. 3. 3. 10 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? no 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? no 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? No clergyman Two citizens XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No 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? No 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? 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? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? 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? yes
 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, 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 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.

1908, Nov. 30. Heir. to Miss Bessie Dunn. A. E. P.
Rev. Stan
7230
✓ INVALID.
File No. 7230
Philip Miller
Paris River War
Act: June 7th 1832
Index:—Vol. 163, Page 257
[Arrangement of 1870.]

Commissioner of Pensions, Washington, D.C.
My gr. grandfather Philip Miller and his father-in-law, John Parker were both recommended by the Ill. Legislature to Congress for pensions (1832-1835) for their services in the Revolutionary war. Still

you kindly give me a copy of their applications and records.
Miss Bessie C. Dunn, c/o Mr. H. M. Greasy, Wilmington, Del.
Dec. 1, 1908

Nov. 17, 1908
Pension Department:-
Please send me the petitions and rec- ords of Philip Miller and John Parker of N.C. They were ancestors of mine and were granted Rev- olutionary pensions un- der the Acts of 1818 & 1832,

and were reported by Sec. of State to Congress in 1835-
Yours sincerely Miss Bessie Dunn. % Mr. H. M. Treasy Hilington, N. C.
L. S. W.