Revolutionary War Pension and Bounty Land Warrant Application File S. 16961, for Philip Mills, Massachusetts

SERVICE
NUMBER
Mass.
Mills, Philip
S. 16961
B.L.Wt 61003-160-55
CONTENTS

H. S. F. Gibson Jan 9/57 End P
Pol. No 2-53.
260. 584
Oct. mch. 3. 11
Oct. 30. '16
Mills
John E. Mills. min. died
Philip Mills. fin.
61.003 March 31st 1/57
Sylvania
Very war.
Pens! Oct 7. June 1832 21844
1832 1834
me
AD: 160000 mch: 30/57
AD 160000
H. S. F. Gibson. Bethel. me.

Dead
Paid at the Treasury under the Acts of the 6 th April 1838 from 4 March 1835 to 8 June 1835, the day of his death Agt notified 21 st March 1839.
March 21. 1839
Philip Mills
of Oxford Co in the State of Maine who was a Sergeant in the Company commanded by Captain Smith of the 1 st Regt. commanded by Col. U. McIntosh in the Maine line for Short & 18 Days Mass
Inscribed on the Roll of Maine at the rate of 28 Dollars 33 Cents per annum to commence on the 14 th day of March, 1831:
Certificate of Pension issued the 29 th day of Sept 1832 and Sept 29. Colo. Mills Maine
Arrears to the 14 th of Sept 1833 $7.83 Semi-ant. allowance ending Sept 31 st 1833 $1.17
$85.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by John Adams Clerk Book 2 Vol. 1 Page 34
260584

1000 acres Land
Act of Mar. 3. 1855
Claim of John E. Mills
260. 50 1/4
Justice of The Peace
Residence A. L. L.
This claim
S. F. Gibson Attorney

1  Pouchy  Land  6  claim
Declaration of Claimant
State of Maine ss Second day of June County of Oxford ss On this early first day of May A.D. one thousand eight hundred and fifty, Sir, personally appeared before me, a Justice of the Peace, duly authorized to administer oaths, within and for the County, and State aforesaid. John E. Miles, aged twenty-one years a resident of Bethel in the County, and State aforesaid, who, being duly sworn according to law, declares that he is a child and heir at law, and was the only minor child of Phillip and Mehitable C. Miles, at the time of the passage of the Bounty Land act of Mar 3 d 1855, and that he was born at Newry County and State aforesaid on the 11 th day of March A.D. 1835. And that the said Phillip Miles was a Private in the Revolutionary War, and to whom under the act of 7 th June 1832 a pension of 28.33 Dollars per annum was allowed, and that his pension certificate, under the act aforesaid was num- bered _____ and bears date the _____ day of A.D. _____ and was made payable at the Portland Agency and that the said Phillip Miles died at Newry, County and State aforesaid on the eighth day of June A.D. 1835 and he further states, that (he believes) the Pension certificate of said Phillip Miles was surrendered into the Pension Office - And he further declares that his Mother Mehitable C. Miles was allowed a pension of _____ per annum for the service of her husband Phillip Miles, under the act of _____ that her pension certificate under the act aforesaid was num- bered _____ and bore date the _____ day of A.D. _____ and was made payable at the Portland Agency He further declares that the said Mehitable C. Miles was married to Dudley Forten in Newry County and State aforesaid, on the twelfth day of October A.D. 1834.

by one Ruben B. Foster a Justice of the Peace and that (he believes) her pension certificate was surrendered into the Pension Office -
He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act of March 3 d . 1855. never having received or known himself entitled or made application under any previous act of Congress -
In evidence of the marriage of his father and mother Phillip and Mehitable E. Mills and proof of service of his father Phillip Mills, he respectfully refers to the proofs heretofore adduced. now on file in the Pension Office - and upon which his said father and mother annuity as aforesaid was  was granted
And for the purpose of this application, I the said John E. Mills do hereby constitute and appoint S. F. Gibrone of Bethel in the State of Maine, my true and lawful Attorney, for me and in my name to demand and receive from the Secretary of the Interior a warrant for the quantity of land due me as aforesaid; and I fully authorize and empower him to constitute and appoint one or more substitutes under him for the purpose therein expressed hereby ratifying and confirming whatever my Attorney or his Substitutes may lawfully do in the premises
John E. Mills
We O'Neil W. Robinson and Clement S. Heath residents of Bethel in the state of Maine upon our oaths declare that the foregoing declaration was signed and acknowledged by John E. Mills in our presence, and that we believe from the appearance and statements of the applicant that he is the identical person he represents himself to be -
O'Neil W. Robinson Clement S. Heath

The foregoing declaration and Affidavit were sworn to and subscribed, and the Power of Attorney acknowledged, before me, on the day and year above written, and I certify, that I know the affiants to be credible persons, that the claimant is the person he represents himself to be, and that I have no interest in this claim —
Richard A. Lays Justice of the Peace
Henry Kent
Feb. 3, 1855
Claim of John E. Smith
260. 50 11
J. F. Wilson Attorney

State of Maine
County of Oxford Town of Hanover
(a) To all whom it may concern This is to certify that Dudley Foster of Riley plantation and Habitable Hills of Oxford in the county of Oxford and state of Maine were joined together in matrimony at Hanover in said county agreeably to the laws of said state on the twelfth day of October in the year of our lord eighteen hundred and forty three by me Reuben B Foster justice of the peace A true copy attest J S Hoi town clerk
I Certify that the above is a true copy of the record of the
MARRIAGE of said parties, with the exception of the date, which is expressed in the record, in
fair legible figures, as follows:—(b) VIZ 12 th day of Oct. A D 1843
I, Henry Howe Town Clerk of Hanover, the above named, depose and say, that I hold the office of Town Clerk in the town, county, and state aforesaid, and that the above is a true copy of the records of said town, with the exception above named, as certified by me.
Henry Howe Clerk of the Town of Hanover
Subscribed and duly sworn to before me, this twenty second day of September A. D. 1854
Isaac D York Justice of the Peace.
(a) Here fill in an exact transcript of the record, except that, instead of copying the figures, the dates must be written out in full. (b) Here give the date exactly as it is in the record.

State of
County of  Oxford
Town of  Sheslay
(a)
John E. Mills born March the fourth one thousand eight hundred and thirty five
I Certify that the above is a true copy of the record of the entry of the birth of the said John E. Mills
Name of said parties , with the exception of the date, which is expressed in the record, in
fair legible figures, as follows:—(b)
John E. Mills born March 4th 1835
I,
Arvin Foster
Town Clerk of Sheslay
above named, depose and say, that
I hold the office of
Sheslay
Clerk in the town, county, and state aforesaid, and that the
above is a true copy of the records of said town, with the exception above named, as certified by me.
Arvin Foster
{ Clerk of the Town of Sheslay
Subscribed and duly sworn to before me, this Twenty Second day of September A. D. 185 6
Isaac D. York
Justice of the Peace.
(a) Here fill in an exact transcript of the record, except that, instead of copying the figures, the dates must be written out in full. (b) Here give the date exactly as it is in the record.

Philip Miller
10807 L

State of Maine
County of Oxford
on this fifteenth day of December A.D. 1832 personally appeared in open court before the court of Probate now sitting Philip Miley a resident of Andover West Township in the County of Oxford & State of Maine aged 78 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 7. 1832. That he entered the service of the United States under the following named officers and served as herein stated.
He was born in Boston in the Commonwealth of Massachusetts June 12. 1754. He resided at Dedham in Massachusetts at the commencement of the Revolutionary war - he was present at the battle at Lexington April 19. 1775 in the company commanded by Capt Robert Smith in the Regiment commanded by Col. William McIntosh - He continued in the service until after the battle at Bunker Hill - he then went home and there remained until February or March 1776 when he was again called upon and went to an Island called Squantum below the castle (now Fort Independence) in a company of militia commanded by Capt Clapp and so continued there doing duty as a soldier until the enemy left Boston for the term of six weeks. After the enemy left the castle he enlisted under Capt Smith and was employed two months in repairing the castle and was then dismissed. In the fall of 1776 he was again drafted into a company commanded by Capt Everett of Dedham in said State in the Regiment commanded by Col. Lovejoy. He entered the service in the middle of December 1776 and marched to Forty Town in the State of New York, from thence to Kingsbridge and was discharged March 22. 1777 verbally. He refers for proof of part of his service to John Paine of Bethel whose deposition is sent herewith and knows no other person who is personally acquainted with his service.  1-26  L12  2  3-7

He never received any written discharge, but was drafted into the service each time. After he left the service he lived at Newham in Massachusetts about five years - from thence he removed to Dublin in the State of New Hampshire resided there about six years from thence he removed to the State of Maine where he has resided for the last thirty three years, the last fourteen years he has lived in Andover West Temple in the County of Oxford where he now resides
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.
Sworn to & subscribed the day of year aforesaid
Stephen Emery, Judge
We James Swan of Newry and Daniel Whittier of Andover Temple West in the County of Oxford, hereby certify that we reside in the vicinity of Philip Mills who has subscribed and sworn to the above declaration and that we are personally acquainted with him, that we believe him to be seventy eight years of age; that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion and that he is a man of truth and veracity
James Swan Daniel Whittier
Sworn to & subscribed in open Court, the day of year aforesaid
Stephen Emery, Judge

And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the War Department, that the above applicant was a revolution soldier & served as he states, he having adduced the deposition of John Paine, & the certificate of James Swan & Daniel Maher, respectable & credible persons, (there being no clergymen in Andover without supply) in corroboration of his own declaration.
Stephen Emery, Judge
I Joseph G Cole Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Philip Mills for a pension.
In testimony whereof I have hereunto set my hand and seal of office this fifteenth day of September A.D.
1832
Joseph G Cole Register

STATE OF MAINE.
OXFORD COUNTY, ss.
I, RUFUS KING GOODENOW, Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that
William Frye
whose genuine signature is annexed to the foregoing Deposition of
John Paine is a
Justice of the Peace in and for said County of Oxford.
In testimony whereof I have hereunto set my hand and affixed my seal of office, this 18 th day of October in the year A. D. 1832
R Goodenow
{ Clerk of Oxford County Courts.

I, John Prine of lawful age, do testify and say that, in the same spring, in which the British forces evacuated the town of Boston in Massachusetts, in the time of the revolutionary war, Philip Mills, of Andover - Surplus West in the County of Oxford and State of Maine, went, as a private in the Company commanded by Captain Tufts, of the Massachusetts State Troops, upon an Island, in Boston-harbor, called, Castle-William, and remained there, as I believe, two months, upon duty; I having performed duty at the same time and place: And that the said Mills was again called out, and performed duty as a private in the Massachusetts state troops for the term of three months on an expedition to the south, in the autumn succeeding the above service.
JOHN PRINE
Exfora ss. September 15, 1832. Personally appeared John Prine, and made oath that the above affidavit by him subscribed, is true.
Before me, William Faye, Justice of the Peace. Exfora ss. June 22, 1833. I hereby certify that the abovenamed deponent, John Prine, is a person of truth and veracity.
William Faye, Justice of the Peace.

16807 Phillip Mills
Paid 8 M rs 15 days
Capt Smith lost M rs Interch's Regt Mop 1861
26.69 11.66 38.33 56.66 14.17 70.83
J. B. Cole Esq. Port Maine

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Phillips Mills under Marine 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 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? No device

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
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? no
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  no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no
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? no
XVI. ‡ Are the papers authenticated as the regulations direct? no see June 16
This objection has not been removed
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, 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.

TREASURY DEPARTMENT.
Second Comptroller's Office,
March 8 th 1839.
Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The Widow of Philip Mills, — a Pensioner on the Roll of the Maine — Agency, at the rate of Twenty eight Dollars and thirty three Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1835, to the 8 th June, 1835, the day of his death.
Respectfully, yours,
W. E. Parrish Comptroller.
To the Commissioner of Pensions,
Present.

Additional Evidence in John E Mills Application for Bounty Law as a Minor
S. F. Gibson Atty —

I Mehitable C Fortin, once a widow of Phillip Mills, deceased, now wife of Dudley Fortin, for and in behalf of my child, John E. Mills, do hereby, by these presents, waive all my right and interest in and to, any and all my claims to Bonny Land, under the existing laws, relating thereto, and do request that a Warrant may be issued to him the said John E. Mills -
I do further declare that Phillip Mills, my former husband is deceased that he died on the eighth day of June A.D. 1835 -
I further declare that the said John E. Mills the present applicant for Bonny Land, was the only  the only minor child, born to said Phillip Mills and myself, at the time of the passage of the Bonny Land act, of March 3, 1855 -
Signed in presence of Philip Eastman J. M. Leland
Mehitable C Fortin
State of Maine ss County of York ss
Saco February 3 1857
Personally appeared the above named Mehitable C. Fortin, subscribed to the foregoing declaration, and made oath oath to the truth of the same - and in my presence acknowledged the above release to be her free act and deed, for the purpose therein mentioned
Philip Eastman
Justice of the Peace

Philip Eastman Mr. Leland
State of Maine } County of York } ss
Saco February 3 1857
Personally appeared the above named Whitaker C. Fortin, subscribed to the foregoing declaration, and made oath oath to the truth of the same - and in my
STATE OF MAINE. } ss. COUNTY OF OXFORD,
Clerk's Office, Supreme Judicial Court.
I, ALVAH BLACK, Clerk of the Supreme Judicial Court of Maine, within and for the COUNTY OF OXFORD , the same being a Court of Record, hereby certify, that Philip Eastman
was at the dates of the certificates hereunto annexed, ever since has been, and now is, a Justice of the Peace within and for the said County, duly authorized to administer Oaths, and take the acknowledgement of Deeds and other Instruments; and that I believe that the signature to the Instrument hereunto annexed, purporting to be his, is his genuine official signature.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of our said Court, at Paris, in said County, this Twentieth day of February 1857
Alvah Black Clerk.

State of Maine County of Oxford } ss
On this twelveth day of February A D 1857 Personally appeared before me the undersigned A Justice of the Peace in and for said county of Oxford John York and John D Swann who are to me well known and who are credible witnesses and who being by me duly sworn depose and say that they were each well acquainted with Philip Mills having known him for twelve years pre- vious to his death that the said Philip Mills died on the eighth day of June A D 1835 and further that they deponents do reside in the county aforesaid
Witness Oren Bartlett N. A. Page
John York
John D Swann
Sworn to and subscribed before me this twelveth day of February A D 1857 Isaac J York Justice of the Peace

STATE OF MAINE. } ss. COUNTY OF OXFORD, }
Clerk's Office, Supreme Judicial Court.
I, ALVAH BLACK, Clerk of the Supreme Judicial Court of Maine, within and for the COUNTY OF OXFORD , the same being a Court of Record, hereby certify, that Isaac N. Gould
was at the dates of the certificates hereunto annexed, ever since has been, and now is, a Justice of the Peace within and for said County, duly authorized to administer Oaths, and take the acknowledgement of Deeds and other Instruments; and that I believe that the signature to the Instrument hereunto annexed, purporting to be his, is his genuine official signature.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of our said Court, at Paris, in said County, this Twentythird day of February 1857
Alvah Black Clerk.

16.961 INVALID.
File No. 16.961
Philip Mills 1871 Nov 7
Act: June 7 th 1872
Index:—Vol. 1 , Page 257
[Arrangement of 1870.]

Pethel Mar. 17. 1857
Hon. Geo. C. Whitmore
Dear Sir -
In your request, I agreeable sent you as near as I can, from my minutes the time when the application of John E. Mills, was put into the Post-Office directory to your office.
It was sometime in Oct. 1856. say. 9 th 15. - 20 - 22. 27 or 28 th
I did not keep a minute of it. Presuming the Department would furnish the No. but have never received one, as was invariably done in all other cases of mind
Your letter requesting further evidence in this case was dated Jan'y. 9. 1857.
Resp ly Yours S. F. Gibson

260.584 John E. Mills minor child of Philip Mills - decd
Ref to Bonyton Dec 16/56
Oct 56 Ad Er.
Philip Mills - decd

Philip Mills deed Maine
Not found in deep files
March 21/57
Don, Rev. C. N. Whitney Com. 5. of Pensions Newington H. C.

7 61,003
Her And

STATE OF MAINE. } ss. COUNTY OF OXFORD, }
Clerk's Office, Supreme Judicial Court.
I, ALVAH BLACK, Clerk of the Supreme Judicial Court of Maine, within and for the COUNTY OF OXFORD, the same being a Court of Record, hereby certify, that Isaac A. Goss & Richard A. Maye
was at the dates of the certificates hereunto annexed, ever since has been, and now is, a Justice of the Peace within and for said County, duly authorized to administer Oaths, and take the acknowledgement of Deeds and other Instruments; and that I believe that the signature to the Instrument hereunto annexed, purporting to be his, is his genuine official signature.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of our said Court, at Paris, in said County, this eighteenth day of October 1856
Alvah Black Clerk.

State of Maine } ss. County of York }
On this twenty sixth day of September A.D. 1856. personally appeared before me the subscriber, a Justice of the Peace in and for the County aforesaid. duly authorized to administer oaths. William F. Farrington a resident of said County, and a Clergyman to me well known as a credible witness and who being by me first duly sworn doth on his oath state, that on the fifteenth day of March A.D. 1832, he joined in marriage Mr. Phillips Mills and Miss Mehitable A. Barker. Both of Andover West surplus and that the above mentioned marriage ceremony was performed by me in the capacity of Clergyman, and I further state that I made an entry in my book of Marriage records, of their marriage as above written - and deponent further declares that he is not interested in Mr. F. Farrington. Subscribed and sworn to, the day and year first above written, before me, and I certify that I am in no manner interested -
David Fales, Justice of the Peace

State of Maine York ss 1
Clerks Office Supreme Judicial Court. Alfred October 13. 1836.
I James M cIntire Clerk of the Supreme Judicial Court - within and for said county of York do hereby certify that David Fales Esq. is and was at the date of the within certificate of acknowledgment - an acting justice of the Peace within and for said county. duly commissioned and qualified to act as such. and that the within signature, purporting to be his. is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Supreme Judicial Court the day and year first above written.
James M cIntire Clerk

State of Maine
Oxford ss 3 On this 22 nd day of September
AD 1856, personally appeared before me the subscribed, a Justice of the Peace in and for the county aforesaid, duly authorized to administer oaths.
David Foster and Betsy Emery Residents of said County, to me well known as a credible witness and who being by me first duly sworn, doth on their oaths state that they are acquainted with John
Wills the applicant for County land that they have known him for twenty years and that he was reputed to be the child of Phillips and Mehitable Mills and that they always acknowledged him to be such and that he is now known as their child, and that he lived with them as their child, and that they have no interest in the claim
David Foster
Betsy Emery
Sworn to and subscribed to the day and year first above written, before me and I certify that I am in no manner- interested
Isaac S. York
Justice of the Peace