Revolutionary War Pension and Bounty Land Warrant Application File S. 23,325, for Jason Miller, New York

SERVICE
NUMBER
New York
Miller, Jason
S 23,325
CONTENTS

24649 New York
Jason Miller
of Madison Co in the State of New York who was a Private in the Company commanded by Captain Miles of the Regt. commanded by Col Webb. in the N York line for 18 months
Inscribed on the Roll of New York at the rate of 60 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 day of Jan'y 1834 and sent to Hon. W. R. Haller House Repres.
Arrears to the 4th of Sept. 33 — $150. Semi-ant. allowance ending 4 Mar 34 30.
$180.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by Ino Brimwell Clerk Book E Vol. 4 Page 106

James Miller
19921
not on Roles of Webb's. 12 years -
Please have the certificate payable in Tithes
Unsettled

State of New York County of Madison
On this 8 th day of October 1882. personally appeared in open court before the judges of the Court of Common Pleas of the County of Madison, New Sitting Jordan Miller a resident of Brookfield in the County of Madison and State of New York 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 the 7 th 1882 that he entered the service of the United States under the following named officers and served as herein stated that he lived in the town of Sturminster  during the whole term of the enlistment New London and State of Connecticut that he enlisted in Sturminster on the 14 th day of the year 1877 for the term of six months and served under Captain James Sheffield in a regiment commanded by Col. Peter Smith and continued in the service the full term of six months and was discharged at Sturminster fort in the fall of the year but the exact time he cannot recollect but continued at Sturminster fort the whole time he was in the service at that campaign had no engagement with the enemy and he thinks there was no continental troops stationed with him at that time but in the year 1881 he entered the service of the United States by enlisting on or about the first day of March at Sturminster on a furlough for the term of one year under Captain Miller in a regiment commanded by Col. Webb he marched to Stony Creek in the State of Connecticut and then to Stamford in the same State and continued there about three months he then marched to White Plains in the State of New York and continued at that place about six months he then returned to Stony Creek in the State of Connecticut and continued there until the end of his enlistment and was discharged about the first of March 1882.

that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service. He hereby relinquishes every claim 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 and subscribed This 24th day of October in open court before me
Jason Miller
A.S. Sloan Clk.
And the interrogatories hung put to him by the Agent as prescribed by the War department he answered them under oath as follows
 1st That he was born in Stonington county of New London and State of Connecticut the 21st of Decr 1753  2nd That he has no record of his age  3rd he lived in Stonington county of New London and State of Connecticut when called into the service and lived there until he was twenty five years of age he then moved to Springfield in the State of Massachusetts where he lived two years he then moved to Williamstown in the State of Massachusetts where he lived about one year he then moved into the town of Sangersfield county of Onondaga and State of New York where he lived one year he then moved into the town of Brookfield county of Madison and State of New York where he served four years and has lived for more than thirty years  4th In listed both times he went into the service  5th he thinks there was continental troops stationed near him when at White Plains but does not recollect the officers commanding them  6th General Gates being wounded the troops at Saratoga and he recollects there was also Capt. Smith  7th That he never had a written discharge  8th That Mr. William Clark and Mr. Nathan Hovey his present neighbors have testified as to his character for veracity and their belief of his services as a soldier of the Revolution 
Byrondall Shipton Whitman Hovey

We William Clark a Clergyman residing in the town of Brookfield County of Madison and State of New York and Randal Wightman residing in the same place hereby certify that we one well acquainted with Jason Miller who has subscribed and sworn to the above declaration that we believe him to be seventy nine years of age that he is respected and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion William Clark sworn and subscribed in open court October the 8 th 1882 before me Randal Wightman A. S. Sloan Clk.
And the said court do hereby declare their opinion after the investigation of the matter and after the interrogatories presented by the said Department that the above named applicant was a revolutionary soldier and served as his status, and the court further certifies that it appears to them that William Clark who has signed the preceding certificate is a Clergyman residing in the town of Brookfield County of Madison and State of New York and that Randal Wightman who has also signed the same is a resident in the same place and is a credible person and that this statement is entitled to credit.
I the undersigned Clerk of the Court of common pleas of Madison County do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the Application of Jason Miller for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 8 th Day of
October 1882
A. S. Sloan Clk.

19921
Jason Miller N.Y.
Not on Rolls -
all.
Admitted Admitted Private 18 months
Joseph Clarke Hon W. R. Fuller Home Reps N.Y.
Real

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. These 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 Sam Miller  Elizabethton  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.     Enlisted Spring '79 6 pr. Capt. Sheffield Capt. Smith Con. St. John Con. Tradg.   " March '87 1 + " " Miles " Webb " N.Y.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
+ Not on the rolls of Col Webb Regiment

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 he 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.
[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.
W. D. [unclear] [unclear] [unclear]

Revolution
23325
INVALID.
File No. 23,325
Jason Miller
Prs Rev War
Act: June 7 th 82 nd
Index:—Vol. 2 , Page 275
[Arrangement of 1870.]

New York Rev. -
Jason Miller, Suspended
See letter to Jos. Clarke 20 Sept 1833.
Act 7 June 32

Gordon Milton
Cone of Joseph Clark Brookfield Madison County New York

State of New York Madison County
Personally appeared before the subscribers a Judge of Madison County Courts, George Denison of Brookfield who being duly sworn deposeth and saith that he is in his sixty sixth year of his that he was born in Stonington County of New London and state of Connecticut and lived there during the whole time of the Revolutionary War that he was well acquainted with Jason Miller who was his near neighbor in Stonington during the Revolutionary War but now resides in Brookfield County of Madison and state of New York that he believes him to be seventy years of age that he well recollects that said Miller was a soldier of the Revolution and was stationed at Stonington fort and was in that same fort another in that town and believes he was under Capt. French that he well recollects the said Jason Miller went into the service of the United States at other times and was absent at the the length of time or the particular periods he cannot distinctly recollect but from recollections he has no doubt of his services to the full length as stated by the said Miller in his declaration that near the close of the Revolution he well recollects that said Miller went into the service and was gone one year but the exact date he cannot recollect
George Denison
Sworn and subscribed
October 8th 1833
before me
Joseph Clark Judge of Madison County Courts
I further certify that I am well acquainted with George Denison and have been for more than thirty years and that he deserves a good character for truth and morality
Joseph Clark Judge of Madison County Courts

State of New York County of Madison § § Andrew S. Sloan clerk of the said County do certify that Joseph Clarke before whom the within affidavit purports to have been, and also whose name appears to the within certificate, was at the date of the same one of the Judges of the county court in and for the said county, and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit and certificate, to be his proper hand writing and signature —
Witness my hand and seal of Office this 12th day of October 1833 —
A. S. Sloan clerk E. Barnard. Dep. clk

State of Connecticut New London County ss. Preston October 26 th 1833
Personally appeared before the subscribed a justice of the peace for the County of New London aforesaid Simon Hewitt aged sixty eight years who being duly sworn depones and saith, that he was well acquainted with Jason Miller during the Revolutionary war who then resided in Stonington County of New London & State of Connecticut, but now lives in Poughkeepsie County of Madison & State of New York as this deponent has been informed, & he believes said Miller to be seventy years of age. That in the year nineteen hundred and eight one this deponent enlisted into the service of the United States in a Company of Connecticut State Troops, Commanded by Captain Charles Miles in the Regiment Commanded by Col. Humphrey, that the said Jason Miller enlisted with him in the same Company & marched from Stonington to Colchester in the State of Connecticut & from thence to Poughkeepsie to White Plains in the State of New York, that they marched from White Plains back to Poughkeepsie where they erected a Fort, that they continued in the service one year & was discharged at Poughkeepsie or Stamford in March nineteen hundred & eight two & that he returned in company with said Miller to Stonington after they were lawfully discharged at Poughkeepsie & further says this deponent saith not. Simeon Hewitt Sworn & subscribed before me this 26 th day of October 1833 — Thomas P. Ward, Justice of the Peace
I further certify that I am acquainted with Simon Hewitt the above named deponent & believe him to be a man of good character for truth & veracity. Thomas P. Ward, Justice of the Peace

State of Connecticut } ss. Norwich 16 November 1833 County of New London }
Personally appeared before the Subscribers a Justice of the Peace for said New London County Bishop Tyler aged sixty five years who being duly sworn deponeth & saith that on the first day of March D. 1781 he enlisted in a Company of Connecticut State troops Commanded by Capt. Charles Miles marched to Albany from thence to White Plains in the State of New York - from thence back to Albany where they erected a fort & continued in the Service one year & was discharged at Stamford in Connecticut on the first of March D 1782 & he well believes that Jason Miller formerly of Stonington in the State of Connecticut but now (as he is informed) of Brookfield in the State of New York was also in Capt. Miles Company & served during said year as above stated - & further this deponent saith not Bishop Tyler Sworn & Subscribed before me This 16 day of November D. 1833
Thomas P. Waite Justice of the Peace
I further Certify that from the knowledge I have of the Character of Doct r Bishop Tyler the above named deponent I have full Confidence in his integrity
Thomas P. Waite Justice of the Peace

State of Connecticut, New London County } ss
I John D e Witt Clerk of the County Court in and for said New London County, do hereby certify that Thomas P. Waller esq is a Justice of the peace in and for said New London County duly qualified that his commission was dated June 5 th A D 1833 - and will expire June 20. 1834
In testimony whereof I have hereunto set my hands and affixed the Seal of said Court by this 15 th November A D 1833
John D e Witt Clerk
(#)

Finlee
Wor J L Edwards
Commissioner of Pensions
Washington City

Brookfield Madison County NY June 26 th 1835
Dear Sir,
I read a note from you some time since stating that Aaron Miller could procure proof of his recovery. He received with it we have most likely to be found since accomplished it I believe in full but it has cost him 12 Dollars to procure it the one you in Miles company is procured by two persons who were with him the testimony of George Dennis covering the remaining time I hope you will have the goodness to forward me his certificate as soon as possible he is soon to be here to account with the greatest respect -
Yours I believe
Yours your humble Servt Joseph Clark
P.S. I have lately paid the certificate of John Briggs. Stephen Breed & Mrs. Phillips. Phillips I received from the county Clerks office.