Revolutionary War Pension and Bounty Land Warrant Application File S. 13941, for James Miller, Massachusetts

SERVICE
NUMBER
Mass.
Miller, James
S. 13941
CONTENTS
carded

19694
James Miller Greene Co New York
Admitted Private 6 months
Henry Goslee Esq. Lexington Height Greene Co New York.

WAR DEPARTMENT,
Pension Office,
May 25 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 James Miller - Greene Co New York
   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.     July 1780 " 6 " Private Not recd - Col. Dre... None Conne... 72 years Traditionary   May 1781 X 6 " Teamster None Col. Hatch " Mass... Edminton Mass...  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
X Team Service such as that above alleged is not embraced by the act.

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 , 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.
Joseph Rowen Esq. Ch.

James Miller
19694 ✓

State of New-York } Greene County } p.
On this 11 th day of September 1832 personally appeared before me Munson Buel one of the judges of the Court of Common Pleas of said county James Miller, a resident of Hunter in said county aged 72 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 offices, and served as follows.
That in the month of July 1780 he enlisted in the Massachusetts state troops for six months at the town of Leominster in the state of Massachusetts and went by way of Litchfield in Connecticut to West Point and joined a Regiment commanded by Col. Dewey and was stationed at West Point during the said term and was on command for a short time at Stony Point. does not recollect who the names of the officers were only Col. Dewey, also recollects Genl. M c Dougall and after serving the term aforesaid was discharged at West Point aforesaid.
That in the fore part of May 1781 he enlisted at the town of Brimfield in the state of Massachusetts for six months rendezvous at Springfield and was placed under the command of Col. Hatch of Boston and was employed in the teaming service at and about Springfield in Massachusetts. Was enlisted as a regular teamster & done duty & received his rations.
That he has no documentary evidence and knows of no person, whose testimony he can procure, who can testify to the above service.
That he was born at Fifeshire in Scotland and at the time of entering the service as aforesaid he resided at Leominster in the state of Massachusetts and that he has resided at Lexington & Hunter for the most of the time since the Revolution & that he resides at Hunter County of Greene at present.
That he never received any written discharge & that he is known in the neighborhood where he resides by Nathaniel Hall & Reuben Menden who can testify as to his character for truth & veracity.
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.
JAMES MILLER
Sworn to & subscribed to before me this 11 th day of September 1832 - Munson Buel
judge as aforesaid
We Nathaniel Hull and Remus Mervin, residing in the Town of Lexington County of Greene & State of New York hereby certify, that we are well acquainted with James Miller, who has subscribed and sworn to the above declaration; that we believe him to be seventy-two years of age; that he is reported and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn & subscribed the day & year aforesaid.
before Me Munson Buel
judge as aforesaid
Nathaniel Hull Remus Mervin
And the said Judge doth hereby declare his opinion after the investigation of the matter and after putting the interrogatories prescribed by the court War Department, that the above named applicant was a Revolutionary Soldier and served as he states. And the said Judge further certifies, that it appears to him that Nathaniel Hull & Remus Mervin who have signed the preceding Certificate, are residents of the town of Lexington County of Greene & State of New York and that they are credible persons and that their statement is entitled to credit & that the said James is by reason of bodily infirmity unable to attend Court.
Munson Buel-judge as aforesaid
State of New York Greene County ss.
J. William T. B. Heermann Clerk of the said County do certify that Munson Buel Esq. before whom the foregoing declaration and Certificate

were sworn: and also who subscribed the foregoing opinion - was at the date of the same a Judge of the Court of Common Pleas of the said County and that the signature of the said Judge to the same is his genuine signature.
In testimony whereof I have hereto set my hand & seal of office this thirteenth day of October 1832
William V. B. Keemance Clerk

State of New-York Greene County } ss -
Be it known that on the 4 th day of June 1833 before the subscriber, one of the Judges of the court of common pleas of said county came Henry Gorke who being first duly sworn according to law doth on his oath depose & say, that he has been well acquainted with James Miller who subscribed & was sworn to the annexed declaration, for more than thirty years past that he has often long previous to the act of March 18, 1818 & also since that time & before the passage of the act of June 7, 1832 relate the services done for the United States during the revolutionary war, similar to that stated in the annexed declaration and further that he always in conversation on that subject spoke of serving in the Massachusetts State Troops under the command of Col. Drowney & further that at the time the said declaration was made the declarant said he could not recollect the names of the company officers, but well recollected Gen. M c Dougall and Col. Drowney, and further that he stated that he served the said six months as a private soldier - and this deponent further says that the said James Miller was at the time of making the said decla- -ration very infirm and this deponent further says that he verily believes that the above named James Miller served as stated in his de- -claration herunto annexed & that it is the general opinion in the neighbourhood.
Sworn & subscribed the day & year first above written } before me Munson Buel
Henry Gorke
judge as aforesaid
And the said Judge doth hereby certify that Henry Gorke who has subscribed and sworn to the above declaration is a man of truth & veracity and that his statement is entitled to credit.
Munson Buel - judge as aforesaid

State of New York Greene County ss.
I William T. B. Hermance Clerk of the said County do certify that Minson Buel Esquire before whom the foregoing affidavit of Henry Goslee was sworn, was at the date of the same, one of the Judges of the Court of Common Pleas of the said County and that his signature thereto is genuine.
Witness my hand & seal of office the 29 th day of June 1833.
William T. B. Hermance Clerk

Rev War
✓ 13 941 INVALID.
File No. 13 941
James Miller Prior Rev War
Act: June 7 th 1832
Index:—Vol. 1 , Page 259
[Arrangement of 1870.]

15/10
J. L. Edwards Esq. Pension Officer
Hon. Adams

June 14. 1834
J. L. Edwards Esq
Yours of 12 th instant is received, stating that the vouchers in James Miller's case cannot be found - Foster says he sent the certificates to the War Office in April last, together with a Certificate of Miller's death. These papers were undoubtedly forwarded as stated by Judge Foster & have probably been mislaid or been omitted. I wish to know what is to be done under these circumstances, to enable Miller's widow to draw the pension due -
I am respectfully Yours
John Adams