Revolutionary War Pension and Bounty Land Warrant Application File S. 23,324, for William Miller, Connecticut

SERVICE
NUMBER
Continental (Conn.)
Miller, William
S. 23,324
CONTENTS

28808
New York
William Miller of Lewis Co in the State of N York who was a private in the Company commanded by Captain of the Regt commanded by Col Willis in the Conn. line for 12 months
Inscribed on the Roll of New York at the rate of 48 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Jan 1834 and sent to Hon. A. Mann Hn. Repre.
  Arrears to the 4th of March '34  $120.00    Semi-ant. allowance ending 4 Sep. '34  20.00     140.00  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Jno. Cromwell Clerk, Book E Vol. 4 Page 108
This is the same William Miller whose claim under the same act was rejected - No 12043 for desertion subsequent to the service for which this pension was granted. - June 20, 1854

This is the same Wm Miller whose claim under the same act was Rejected - N o 12 OH 3 for desertion subsequent to the service for which this pension was granted. - Jany 20. 1854
28808 New York William Miller of Lewis Co in the State of N York who was a private in the Company commanded by Captain of the Reg't by Col Willys in the Penna line for 12 Months
Inscribed on the Roll of New York at the rate of 40 Dollars 00 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 26 day of Jan y 1834 and Sect. 6 Act. A t Mann Sta. Rep d Arrears to the 4th of March '34 $120.00 Semi-ant. allowance ending 4 Sep. '34 20.00 140.00
Recorded by Geo. Cromwell Clerk, Book E Vol. 4 Page 108 { Pensionary Claim, } { Act June 7, 1832. }

No. 12043
William Miller
David Miller
Martinsburg
Lewis Co.
W. Va.

No. 12043
BRIEF in the case of  William Miller of Martinsburgh  County of Lewis  in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Before a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy three years - 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.     Enlisted in March 1777 until March 1780 3 As a Artificer Gen. G. Baldwin, Major Brim, Capt. William Mills, Lieut. Clark, Ensign Newick, Recruiting off. in Lieut. Daring Wilcox.  
 5. In what battles was he engaged? German town, Brandy wine, & Monmouth  6. Where did he reside when he entered the service? Middletown Connecticut  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? No evidence whatever  8. Are the papers defective as to form or authentication? and if so, in what respect? No 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilcox Examining Clerk.

In the Matter of William Miller for a pension
Martinsburgh Lewis Co. State of New York

12.063

State of New York } County of Lewis - } Js:
On this twenty first day of September 1832 personally appeared before the Court of common pleas of said County, in open court, it being a court of record, William Miller a resident of the town of Martinsburgh in the said County of Lewis and State of New York aged seventy three years the 30 th day of June 1832, 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 7 th 1832.
(That he enlisted in the army of the United States in the year 1777, in March, with Lieutenant Darius Wilson, as an Artificer; and served in the Regiment of Artificers under the following named officers - Col. Baldwin, Major Brainerd, Capt. William Mills, Lieut. Clark, Ensign Kimlick. That he left the service in the month of March 1780 after the expiration of said three years, with the consent of Maj Brainerd the Company officers being also absent never had a written discharge. That he resided in the town of Middletown in the state of Connecticut at the time he entered the service.
That he was engaged in the Battles at Germantown, at Brandywine and at Monmouth - the usual duty of the Artificers in time of Battle was to remove the wounded from the field, that he was one that assisted in carrying the brave Gen. Nash who was mortally wounded on the field at Germantown, But at Brandywine he was attached to the retreating baggage wagons, to keep them in repair during the retreat.
That he Marched from Hartford in the state of Connecticut, through Stony point at Kings Ferry to Middlebrook in the state of New Jersey, where he first joined Gen. Washington with his main Army - from Middlebrook to Germantown - thence to Wilmington in the state of Delaware - thence to Brandywine - thence retreated about three miles above Germantown, thence to Valley Forge, and quartered during the winter - Thence to Monmouth, thence to Middlebrook and quartered during the winter - Thence went to building boats on the North River

at Wappingers creek - thence to Kings ferry to Build a Block House, thence to Morristown and quartered during the winter. He Hereby relinquishes every claim 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 - worn - Subscribed to the above - year aforesaid Carlos P. Scovil Clerk William Miller
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.
I Carlos P. Scovil clerk of court of com- mon pleas of the County of Lewis do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the appli- cation of William Miller for a pension - In witness Whereof, I have hereunto set my hand and seal of office this 21 st day of September 1832.
Carlos P. Scovil Clerk

Wm Miller
25000
adm d
12 mo. fare
40 $

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 Eber Hubbard who has signed the preceding certificate is a clergyman, resident in the town of Martinsburgh in said County, and that George W. Baldwin who has also signed the same is a resident in the said town of Martinsburgh and is a credible person, and that their statement is entitled to credit.
I Carlos P. Scovil Clerk of the Court of common pleas of the County of Lewis, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of William Miller for a pension. In testimony whereof I have hereunto set my hand and seal of office this 17 th day of Sept. 1833.
Carlos P. Scovil Clerk
Answers to the interrogatories prescribed by the war department.
1. Was born in Middletown upper houses in the state of Connecticut A. D. 1759. 2. The record of my age is on the town book at Middletown; I have it kept in my family bible as given me by my parents and taken from their record in the family bible 3. I was living in the town of Middletown when I enlisted; I have lived since the Revolution in the towns of Hebron, Salem and Martinsburgh in the state of New York. 4. I enlisted into the service for one year, and was called a years man of 76. 5. Generals Washington, Green, Knox, Putnam and Parsons; Cols Willis, Paterson & Hunting; does not know much about the Militia Regiments; the principal circumstances of service are related in the declaration. 6. I did not receive a written discharge; I was discharged by Lieut Butler Butler who had the command of the company I was in at the close of my year; who deemed a written discharge unnecessary.

7 Walter Martin, Bradford Atkin, John Peebles, David Waters, Enoch Thompson & David Waters.
404 12 mo. 1833
250.00
John Miller
I Carlos P. Scovil Clerk of the Court of common pleas of the County of Lewis do hereby certify that the foregoing contains the original proceeding of the said court, and the proceedings as amended or heard in addition by said Court on the 17 th day of Sept. 1833 in the matter of the application of William Miller for a pension. In Witness (testimony) whereof I have hereunto set my hand and seal of office this 17 th day of Sept. 1833 Carlos P. Scovil Clerk

In reply to your request of _____, received _____ for a statement of the military history of William Miller a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pen- sion on file in this Bureau.
S. File 23,324
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Last of Nov. 1775 to Mch. 1777 Jan'y 1. 1777 3 yrs & 6 mo Private artificer Ebenezer Sumner William Mills Samuel Wyllys Baldwin Conn. Continental artillery artificers          
Battles engaged in, Brandywine, Germantown & Monmouth
Residence of soldier at enlistment, Middletown, Conn.
Date of application for pension, Sept 21, 1832.
Residence at date of application, Martinsburgh, Lewis Co., New York.
Age at date of application, born June 30, 1759 "Middletown upper houses, Conn."
Remarks: his father died in the army after the soldier enlisted - He referred to his mother & four brothers - one name stated.
Respectfully,
Commissioner.

War Department: Pension Office. 25. January. 1833.
Sir.
In answer to your letter of the 10 th inst, I have to state that I have examined the claim of M c William Miller; his name appears upon our rolls of Captain Mills Com-pany of Artificers, as having enlisted on the 28. th day of February 1777, for the War; - but it also appears that on the 27. th day of April 1780, he deserted the service.
By that act he forfeited all claim to a Pension. very respectfully. yours ob t sv t J L Edwards
M c David Miller. Martinsburgh. Lewis County. New York.

12043
William Miller a Rev. Soldier.
R. J. Johnson Agent. Rome N.Y.
To be put in Wm Miller paper. Rejected 25 Jan 33
Pension payable at U.S. Branch
Mica N.Y.

State of New York Lewis County ss: 3
I William Miller of the town of Martinsburgh in said County being duly sworn deposes and says, that about the first of March in the year 1777 he enlisted into the Army of the United States, as an artificer, for three years or during the war; That in the latter part of March or beginning of April (1777) he joined the Army in Capt Mills Company in Col Baldwins Regiment of Artificers, and that he faithfully served out the full term of said three years in said Company and Regt.; That at the expiration of said three years this deponent called on Lieut Clark who who then commanded the Company (Capt Mills having left the service) for his discharge, and was informed by Lieut Clark that he had been returned by Lieut Elias Wilcox the recruiting officer under whom he enlisted, as having enlisted for during the war, and that he Lieut Clark could not give a discharge; That this deponent then applied to Maj Bruin, Col Baldwin being absent, and stated to him his case - the Major told this deponent that he would examine the case; That Maj Bruin in a few days after told this deponent that on examination and enquiry he was satisfied that the term of his enlistment had expired but that Lieut Wilcox had returned him for during the war, and that he did not feel authorized to give him a discharge; Considerable conversation passed between this deponent and the Major, in which the Maj. told this deponent that he could not be injured for leaving the service and offered this deponent a furlough and advised that he returned before he finally left the service; that the Maj then gave a furlough; That this deponent then left the service, and that Maj Bruin considered that this deponent was under no obligation to return; and believing that this course was adopted in discharging this deponent because a number of other persons of the same Company that had been enlisted by Lieut Wilcox had be been returned in the same manner as this deponent and they also were calling for their discharge; That at the time of his enlistment it was distinctly understood and agreed that he should enlist for three years or during the war, and was informed by Lieut Wilcox

that he was not bounden to stay in the service beyond the period of three years if the war should not then have terminated.
And further that James Stevens of the town of Lowville in said County is the only person known to this deponent as now living that did service in said company or Regt with this deponent.
Subscribed and sworn this 28 th day of Augt. 1833
William Miller
Before me David Miller Justice of the Peace
We the undersigned being inhabitants of the town of Martinsburgh in the County of Lewis, do certify, that for many years last past we have been acquainted with Mr William Miller of said town, a soldier of the Revolution; that he is a man of the most scrupulous honesty, and that full credit is to be given to all his statements whether on oath or otherwise. And further that he retains the use of his Mental faculties in great perfection.
Martinsburgh Sept. 1. 1833.
Walter Mooten John W. Martin J. M c King Jr.

State of New York \frac{3}{3} Lewis County ss \frac{3}{3}
I James Stevens of the town of Lowville in the said county being duly sworn deposes and says, that he is well acquainted with William Miller of the town of Martinsburgh in said county, that in the spring of 1777 about the first of April, said William Miller entered the Army of the United States in Col Baldwin's Regt. of Artificers in Capt Mills Company, in which this deponent was then a private, and that said William served in said company and Regt as an Artificer with this deponent (And that they mised together) for the full time of three years; That when said William joined said company this deponent understood that said William had enlisted for three years or during the war; That whenever the term of service was talked of among the Company said William Miller and a number of others in the same company were always talked of and reputed as having enlisted for three years or during the war, while many others of the same company were always talked of & reputed as having enlisted for during the war; That the subject of his enlistment and a slight effort made by the officers of the Regt and Company to retain said William in the service for during the war has always been fresh on the memory of this deponent; And this deponent always believed during the said three years service and now believes that said William Miller enlisted for three years or during the war. And further that I have met with the said William Miller as often as Annually for the last 26 years last past and know him to be the identical William Miller who served with me as aforesaid
Subscribed and sworn this \frac{3}{3} 28 th day of August 1833 Before \frac{3}{3} me David Miller Justice \frac{3}{3} of the Peace \frac{3}{3}
his James X Stevens (Mark)
I do hereby certify that James Stevens made his mark to the above affidavit by reason of his hand trembling too much to write Augt. 28 th 1833 David Miller Justice of the Peace.

We the undersigned being inhabitants of the town of Lowville in the County of Lewis, do certify, that for many years last past we have been acquainted with Mr James Stevens of said town, a soldier of the Revolution; that he is a man of the strictest integrity, and that full credit is to be given to all his statements whether on oath or otherwise, and further that his mind is strong and vigorous.
Lowville Sept. 1. 1833.
Isaac Clinton Hobartson. Thos. D. Dagan
State of New York   § Blakes Offic           § Lewis County       §
I Carlos P. Scovil clerk of the County of Lewis do hereby certify that David Miller before whom the preceding affidavit appear to have been made, was on the 28 th day of Augt 1833 and now is a justice of the peace in and for said County, dwelling in said County, duly commissioned and sworn; and that I am acquainted with the hand writing of said justice and that the signature "David Miller" annexed thereto is his genuine signature.
Witness my hand and the seal of said County this 14 th day of Sept. 1833.
Carlos P. Scovil Clerk

12043
William Miller a Rev. Soldier.
R. P. Johnson Agent. Rome N.Y.
To be put in Mr. Miller's paper. Rejected 25 Jan'y 33
Pension payable at U.S. Branch
Mica N.Y.

Louis County ss:
I James Stevens in Lowville in said County being duly sworn do: depose and say that in addition to the facts stated by me in an Affidavit made on or about the 28 th day of Augt. last past in relation to the application of William Miller for a pension; that at the close of his three years service, this deponent for the first time understood that said Wm. was returned for during the war; the particulars of his dismissal from the this deponent service was not informed; that this deponent continued in the service till the war closed; (and is a pensioner under the act of 1828 and has been from soon after the passage of that act) that no measures were ever resorted to, to retake said William as a deserter, nor was he ever advertised or a reward offered for him to the knowledge of this deponent; that the place of his residence after he left the service was well known to this deponent and the company generally; that he pursued the business of house Carpenter and Joiner in the town of Lansborough in Massachusetts; that such residence was well known to Sergeant's Cleveland and Allen of said Company, and this deponent supposed to the officers of the Company generally.
Subscribed and sworn this 25 th day of Sept. 1833 Before me David Miller Justice of the Peace
his James F Stevens Mark

Lewis County ss:
I William Miller of Martinsburgh in said County in addition to the facts stated by me in an affidavit made on or about the 28 th Augt. last past in relation to my application for a pension do depone and say; That when I left the service I immediately returned to Middletown, and found my mother poor, my father having died in the Army after I had entered it; that I remained with my mother and an uncle about my ordinary business till some time in the summer, when my brothers from here were all dispersing and the family about to be broken up, and was soon broken up; having an advantageous offer I went to work at the house Carpenter and Joiner business, with a friend at Lanesborough, Massachusetts, to which business I had served as an apprentice for about two years, previous to my entering the Army; That I here lived for more than two years in my ordinary business; That my removal to Lanesborough was public and well known to all my neighbors at Middletown; that I then lived in open correspondence with my old neighbors, and frequently met with my old associates in Arms, those of my old company; That I never had any suspicion of being returned as a deserter, nor was I ever informed by my old companions that any such charge was ever made against me; that I then worked at my business in the neighboring towns about Lanesborough for about a year when I removed to the State of New York
William Miller
Subscribed and sworn this 25 th day of Sept. 1833 before me
David Miller

12043
William Miller
a Rep Soldier
W.P.O. Schenectady
Agent. Stone. N.Y.
To be put in the Wall
before Sept 25
Jan 33
Captain Hays at
W.S. Branch
Utica N.Y.
State of New York Clerks Office Lewis County ss.
I Carlos P. Scovil clerk of the county of Lewis do hereby certify that David Miller whose name is subscribed to the within affidavits as a justice of the peace, was on the 25 th day of Sept. 1833 a justice of the peace in and for said county - duly commissioned & sworn - dwelling in said county - and that I am well acquainted with the hand writing of such justice and that his signature subscribed to the affidavits on this sheet is his genuine signature
Carlos P. Scovil Clerk

Wm Miller Rest Papers

State of New York } Lewis County - }
On this 18 th day of April 1833
personally appeared before the court of common pleas of the said county of Lewis William Miller a resident of the town of Martinsburgh in the county of Lewis and State of New York aged 73 years the 30 th day of June last, 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 7. 1832. - That he enlisted in the Army of the United States in the year 1775 about the last of Nov. with recruiting Sergeant Butler Gilbert at Middletown in the State of Connecticut, for the period of one year; and served in a regiment the No. not now recollected, under the following named Officers.
General Parsons Brigade, in the Regiment commanded by Col. Samuel Willis - The Major's name was Welles, his christian name not recollected, he was taken prisoner on Long Island - names of the company officers were, Capt. Ebenezer Sumner, Lieutenant Robt. Warner, 2 nd Lieutenant - Hooker.
Marched from Middletown in the State of Connecticut about the 20 th Dec 1775 through Pomfret to Roxbury where I first joined Gen Washington with his Army - Sometime in the month of May 1776 March from Roxbury through Island Sound and Ship to Long-Island to the City of New York - was on Governors Island assisting to fortify it - was one of the guard left in the City of New York while the main Army went over to Long Island - Retreated out of New York in Sept. to Kings Bridge - thence to Fort Washington - thence into the State of New Jersey - Was at the taking of the enemies guards near Hackensack - thence retreated to Peekskill - On the 1 st day of January 1777 was discharged by Lieutenant Butler, after having served out my said enlistment, who then had the command of what of the company remained, that I belonged too, - Lieutenant Butler was not an officer of my company, but had the command, as my officers above the rank of Lieutenant having left - I never had a written discharge, and was called "a year man" 1776-77.
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is

And the said Court do hereby declare their opinion that the above-named Applicant was a revolutionary soldier, and served as he states.
I Carlos P. Scovil Clerk of the Court of common pleas in the County of Lewis and State of New York, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Miller for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 18 th day of April 1833. Carlos D. Scott Clerk
State of New York } Lewis County } }
On the 17 th day of September 1833 personally appeared before the court of common pleas of said County William Miller a resident of the town of Martinsburgh in said County, aged 74 years the 30 th day of June last who being first duly sworn, deposes and says that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service in the foregoing declaration mentioned. subscribed and sworn this 17 th day of September 1833 William Miller. Carlos D Scovil Clerk
We Eber Hubbard a Clergyman residing in the town of Martins- burgh in the County of Lewis and George W. Baldwin residing in the same town and County hereby certify that we are well acquainted with William Miller who has subscribed and sworn to the foregoing declaration; that we believe him to be 74 years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolu- tion, and that we concur in that opinion. Eber Hubbard Subscribed and sworn the 22 day and year aforesaid 23 Carlos P. Lewis Clerk 24

War Department Pension Office May 17. 1834
Sir
I have the honor to return you the papers of William Miller for the purpose of having the credibility of his witness duly certified, and the official character and signature of the Magistrate attested by the proper officer, under his seal of Office.
I have the honor to be Very Respectfully Your Ob t Serv t
J. L. Edwards
Hon A. Mann Jr House Representatives

• No 25066
William Miller Lewis County New York
j. k. c. m
adm el
May I solicit Yrs. Early & favorable consideration Hon. A. Mann, Jr.
Rev. Dr. John L. Russell Lewis Co. New York

WAR DEPARTMENT,
Pension Office,
June 5 1833
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 subjjoined 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 William Miller Lewis County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Ent d Nov r 1775 1 — — private Genl Washington Genl Parsons, Colonel Genl Willis 73 years Middletown Connecticut No evidence - paper correct  
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 benefit 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 days 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.
[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.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of William Miller 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? 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
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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?  1 st 2 nd 5 th 
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 the 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.
‡ 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 authenticated 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 end 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.

Act June 7 th 1832
W m Miller
New York
12.043.
Rejected
a desertion.
Hon Lewis Cag
Secretary

Martinsburgh Lewis Co. N.Y. Sept. 22. 1832
Hon Secretary of War
Dear Sir
I enclose to you the papers in the matter of William Miller for a pension, any communication on the business can be made to me at this place
Yours Respectfully David Miller

Act June 7 th 1832
W m Miller
New York
12.043.
Rejected
a deserter.
Martinborough N.Y. Sept. 22
off - 21
Hon Lewis Cass
Secy at War
Washington
free
My. Brattle
12.023

In letter Dec. 3. 1837 to Hon. Mr. Van Buren
2043 - 25066 - same } case }
W. Miller made copy for one year in 1776.

New York
Revo:
William Miller
Rejected
25 Jany 33. Second application rejected
6 Nov: '33. let to B.P. Johnson.
The evidence is not sufficient in this case. L.C.
Oct. 7 Lund '32

Providence
23 324 INVALID.
1919 Nov. 6. History to Mrs. Chas. M. Bryant
File No. 23, 324 William Miller Rev War
Act: June 7 th 1820 Index:—Vol. 9 , Page 275
[Arrangement of 1870.]

Supplementary Affidavit No. 21 June 1832
A. Mearns Jr.

Wash D.C. July 19 th
Hon. Abijah Mann Jr. M.C. Washington City D.C.

I Eber Dudley of Milton in the County of Fairfield & State of Connecticut, Eighty one years of age next August, being duly cautioned and sworn do Depose and say that I intend the war of the Revolution the latter part of November or the beginning of December 1775 in Capt Ebenezer Spinnier's Company in Col. Samuel Wyllys's Regiment. Deponent cannot recollect the Brigadier General's name. that William Miller then of Mid- dletown in Connecticut, enlisted into the same Company and entered the service at the same time with Deponent we enlisted for one year and were called yearmen of '76 We marched from said Middletown to Boston and performed service there until the 17 th of March 1776. when our Regiment was ordered to march for New York. we marched through Providence in the State of Rhode Island and came to Norwalk in Connecticut, where we embarked on Board of Transports and Sailed to New York we performed service in New York and on Long Island until they were evacuated by the Americans and taken possession of by the British. About this time Deponent was taken sick and was sent to Stamford in Connecticut, where he remained some weeks, when he recovered so as to be able to do duty he went to Pekskeill in the State of New York and join- -ed his Reg t where he performed service in that vicinity until about fifteen days before his term of enlistment expired when Deponent went home on Furlough. that the said William Mil- -ler was in the service all the time with Deponent. that he left him in the service at Pekskeill when he left there. and believes he served out his full year. and further Deponent saith not Milton June 16 - 1834
Eber Dudley
State of Connecticut
Fairfield County ss. Milton June 16 - 1834 Personally appeared Eber Dudley the above Deponent, and made solemn Oath to the truth of all the facts stated in the above affidavit by him sub- -scribed before me Erastus Sturges Justice of the Peace
NB - The character of Mr Eber Dudley for truth and veracity stands in this community as high as that of any other man. He is my neighbor I have long been acquainted with him he sustains an unblemished reputa- -tion. Certified by Erastus Sturges Justice of the Peace Milton June 16 - 1834

District of Columbia
City of Washington
I certify that I am personally well acquainted with Nassus Sturges of the County of Fairfield in the State of Connecticut that he is a justice of the Peace for said County and duly authorized to act as such at the present time and that his signature to the within affidavit is true and genuine and the said affidavit is duly authenticated according to the Laws of Connecticut Dated 21. June 1834
Samuel Gurney
M. C. [initials]

Wilton Ct, June 16 - 1834
Dear Sir I recd a note from you dated Washington June 8-34 in which you state that you had previously addressed a letter to me at New Haven enclosing an affidavit taken before me relating to the Pension Mr Miller requesting me to certify as to the credibility of the Witness - no such paper has been received by me either at New Haven or since my return home -
As Mr Miller had solicited me to take the affidavit you mention I feel under some obligation to him and have taken the liberty to forward another in substance the same as that which has convinced Mr Dudley feeling for his compatriots in arms was willing unresisted to make out another - it was taken before me if it can be used in Mr Miller's case it is well if not it costs Mr Miller nothing -
I am very respectfully yours Obediah Smith
Erastus Sturges
Deposited June 16