Revolutionary War Pension and Bounty Land Warrant Application File R. 7,228, for William Miller, New York

SERVICE
New York
Miller, William
NUMBER _____
R. 7.228
CONTENTS

6873
too heavy.
William Miller
Page 72.
Hon. E. Howell
5.6.14.16
5 Sep 1832 20 Nov 1832
R. H. Bayly
Guernsey
N. York

Ensign Com'd after the war.

6873
BRIEF in the case of  William Miller - Seneca,  Co of Ontario — in the State of  New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 79 years  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.     June 1776 As a private Gen. Cap t S. Jackson, Col. Haythorn   Jan y 1777 5 " (clerk)   Feby 1777 2 14 Substitute Cap t Danning   Apr r or May " "3 or 6 weeks" private Cap t Winthorn (?) Col. Haythorn   Summer 1777 "not less than 3 months" Ensign Cap t A. Miller, Col. Haythorn   1778 "upwards 6 mos" " do   1779 "not less than 6 mos" " do   "from that time till close of the war of the Revolution" from 4 to 6 mos in 3 d Reg t as Ensign"  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Warwick, Orange Co.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witnesses, not specific; & Traditional.  8. Are the papers defective as to form or authentication? and if so, in what respect? 5-350-47 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W Fawcett Examining Clerk.

In the 6873 Matter of William Miller for a pension
Exhibit
R. M. Bay
Passbook

State of New York Ontario County ss.
William Miller of Seneca in the County and State aforesaid, the within named declarant, doth on his oath further declare that he in 1776 he belonged to Col. Hasbroucks Regiment of Militia in Orange County. That he volunteered and served under the following named Officers viz
 Col. Drake  Major Hatfield  Captain John Jackson  Lieut. Nathaniel Ketchum  2 " George Vance 
That Captains Faulkner, John Wood & John Wilson be- longed and served in the same Regiment That Lieut. Washington, Lord Sterling, Lieut. Putnam Col. Leekmore were at New York, Long Island &c.
in 1777 Served as a substitute for four men belonging to the com- pany of Militia to which he belonged and served under Captain Dunning at Wurst near Fort Lee.
Capt Underdonk was there - at Ramapough was out five or six weeks under Captain Menthorn Lieut Vance part of the time & " Ketchum a part.
Then appointed an Ensign in Captain Andrew Millers Co. in Colonel Hasbroucks Regiment - Lieutenants Col. Henry Wisner Majors Poppino and Bertolph - and continued to serve in that Regiment as an Ensign until the close of the War as set forth in his said declaration:
That by reason of old age, and the consequent loss of memory, he cannot swear positively as to the de- cise length of his service, but according to the best of his recollection he served not less than the pe-

costs mentioned below, and in the following grades: For eight months and three weeks I served as a pri- vate. For two years and six months I served as an Ensign; and for such service I claim a pension.
And I the said William Miller doth further declare that he was born at New Windsor (then) Ulster County in New York the 4th day of April 1753 of which he has a record in his family Bible copied from the record in his father's bible — That he lived in the Town of Warwick (now Orange County) in said State of New York at the commencement of the Revolutionary War: That in 1795 he removed to New Jersey: that in the Spring of 1801 he removed to New Town, Ulster County State of New York: and that in April 1816 he removed to the Town of Oneida, in Ontario County, in said State, his pre- sent residence where he has since resided
William This X Miller mark
Sworn and subscribed this 28 th day of Jan y . 1833 before the subscriber a Notary Public for the County & State aforesaid A. M c Cauley

State of New York Ontario County ss.
Be it known that before me Richard M. Bayly a Public Notary in and for the County and State aforesaid personally appeared Anthony Swarthout of the Town of Wayne Steuben County and made Oath in due form of law, that he is well acquainted with William Miller of Seneca in Ontario County, and has known him from boyhood having been brought up together in Orange County in said State - That in the year 1776 this deponent was a private in Capt. John Woods Company, in the regiment to which was attached Major Hatfield, the colonels name he has forgotten, in Genl James Clintons Brigade in the service of the United States - That William Miller was an Ensign in said Regiment during the time this deponent was attached to it - and further that he knows said William Miller was an officer and called an Ensign in the Mi- litia and doing duty for several years, but the particular time he cannot state - And that he has seen the Commission of said Miller, as an Ensign and has read it -
Anthony Swarthout
Sworn to and subscribed this 7th day of July 1832 before me R. M. Bayly Notary Public
State of New York Ontario County ss.
Aaron Swarthout of the Town of Ithaca in Steuben County on his Oath doth de- pose and say, that he knows William Miller of Seneca in Ontario County, and has known him

from his boy hood. Knows that he was an Ensign in the Service of the United States, in the time of the Revolutionary War, and knows that he was repeat- edly in Service - at one time for five months, but cannot distinctly state any other particular time - and further saith not -
Aaron Swarthout
Sworn and subscribed this 7th day of July 1832 before me R M Bayly Notary Public
I Richard M. Bayly, the Notary Public before whom the preceding certificates acts of Aaron Swarthout and Anthony Swarthout, were subscribed and sworn to, do hereby certify that I am satisfied that they are persons of Credibility
R M Bayly M.P.
State of New-York,
Ontario County ss. }
I, Charles Crane, Clerk of said County, do hereby certify, that Richard M. Bayly, whose name is subscribed to the several certificates of the foregoing affidavits of William Miller, Anthony Swarthout and Aaron Swarthout, was, at the dates thereof respective- ly, a Notary Public in and for said County: And that I am well acquainted with his hand writing, and verily believe the said sig- natures to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this sixth day of February 1833.
Charles Crane.

A Pay Roll of a company detached from Col. Hethorn's Regiment of Militia commanded by Ensign William Miller in the service of the United States of America on a at Minnifink in the Month of March 1781. beginning the day of their March and ending the day of their Return home both days included.
   Names Rank Time out of Service Time when disch. Time in Service Pay Pay   Per Month Date L. S. D.     William Miller Ensign March 14 th March 28 8 days 20. 2. 2. 6   George Moore Serg. d o d o 0. 10. 1. 1. 4   William Knapp Corp. d o d o 0. 7 1/3 0. 15. 0   Hugh Dobbin Private d o d o 0. 6 2/3 0. 14. 0   David Benjamin d o d o 0. 6 2/3 0. 14. 3   Moses Decker d o d o 0. 6 2/3 0. 14. 0   Jedediah Fuller d o d o 0. 6 2/3 0. 14. 0   John Longwill d o d o 0. 6 2/3 0. 14. 0   Joshua Gage d o d o 0. 6 2/3 0. 14. 0   Abraham Winfield d o d o 0. 6 2/3 0. 14. 0   Samuel Layne d o d o 0. 6 2/3 0. 14. 0  
£ 9 13 6

Amount of the Milage Rolls $ 4.00
Milage Money due to each Noncommissioned Officer and Private of battalions
  1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th   1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 
Handwritten scribbles and initials

11 and in the following grades ; from his boy hood. Knows that he was an Ensign in the Service of the United States, in the time of the Revolutionary War, and knows that he was repeat- edly in Service - at one time for five months, but cannot distinctly state any other particular time - and further saith not -
Aaron Swarthout
Sworn and subscribed this 7th day of July 1832 before me R M Bayly Notary Public
I Richard M. Bayly, the Notary Public before whom the preceding certificates acts of Aaron Swarthout and Anthony Swarthout, were subscribed and sworn to, do hereby certify that I am satisfied that they are persons of Credibility
R M Bayly M.P.
State of New-York, Ontario County ss.
I, Charles Crane, Clerk of said County, do hereby certify, that Richard M. Bayly, whose name is subscribed to the several certificates of the foregoing affidavits of William Miller, Anthony Swarthout and Aaron Swarthout, was, at the dates thereof respective- ly, a Notary Public in and for said County: And that I am well acquainted with his hand writing, and verily believe the said sig- natures to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this sixth day of February 1833.
Charles Crane.

State of New York Ontario County ss.
Be it known that before me Richard M. Bayly a Public Notary in and for the County and State aforesaid personally appeared Anthony Swarthout of the Town of Wayne Steuben County and made Oath in due form of Law, That he is well acquainted with William Miller of Seneca in Ontario County, and has known him from boyhood having been brought up together in Orange County in said State - That in the year 1776 this deponent was a private in Capt. John Woods Company, in the regiment to which was attached Major Hatfield, the colonels name he has forgotten, in Genl James Clintons Brigade in the service of the United States - That William Miller was an Ensign in said Regiment during the time this deponent was attached to it - and further that he knows said William Miller was an officer and called an Ensign in the Mi- litia and doing duty for several years, but the particular time he cannot state - And that he has seen the Commission of said Miller, as an Ensign and has read it -
Sworn to and subscribed this 7th day of July 1832 before me R. M. Bayly Notary Public
Anthony Swarthout
State of New York Ontario County ss.
Aaron Swarthout of the Town of Ithaca in Steuben County on his Oath doth de- pose and say, that he knows William Miller of Seneca in Ontario County, and has known him

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 David Miller who has signed the foregoing certificate is a resident of the Town of Oneida in Ontario County, and that Benjamin Fulle who has also signed the same is a resident in the same Town and that they are both  and are credible persons, and that their statement is entitled to credit.
I Charles Crane Clerk of the Court of Common Pleas aforesaid 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 twenty-seventh day of August A. D. 1832.
Charles Crane
6873 In the matter of William Miller for a pension
W. B. [unclear]
Passel

add. proof Wm Miller N.Y. papers on file
W. Miller

State of New York & Ontario County ss
Be it known that before the Subscriber a Notary Public in and for said County personally appeared Alexander Miller of the Town of Goshen County of Tompkins in said State, who being duly sworn according to Law doth on his Oath declare: That he is seventy five years of age and upwards, that he is Brother to William Miller of the County of Ontario, Town of Seneca; that during the Revolutionary war they both resided in the Town of Warwick, Orange County and were both mustered in the same Regiment of Militia of said State of New York; that his Brother and self ser- ved several years after the commencement of the war by turns and occasionally together - they served together at Neversink three months, - at Martinus Deckers Fort so called three months, at Ramapough two months, at Blauvelt near the English Settlement one month; in Colonel Huythorn's Regiment - part of the time under Captain Merrithorn part under Capt Parly - That in 1777 or 1778 his said Brother William Miller was chosen by a vote of the Company an Ensign, that this deponent was present, that he was ensign in Captain Andrew Miller's Company, who was also a Brother to this de- ponent. That the said William Miller continued to serve as an ensign more or less every year un- til the close of the War, that he cannot tell the times of his service particularly but that he must have been in actual service, after being appointed Ensign at least two years, as he was frequently out several times each year from one to three months at a time, - as they lived on the Frontiers and were subject to frequent calls and alarms. That he under- stood no commissions were received by the Officers at that time, but that his Brother and other officers went some year or two of

to the war and receiving their Commissions from one Major Moffat —
Alexander Miller
State of New York Ontario County ss.
On the 14th day of June 1833 the above named Alexander Miller appeared before me and subscribed and made Oath to the foregoing affidavit; and I certify that it is satisfactory to me that said Alexander Miller is entitled to full faith and credit and that he is a credible person Witness my hand and seal of office —
Wm J Mercer Notary Public
State of New-York, Ontario County ss. }
I, Charles Crane, Clerk of said county do hereby certify, that William V. J. Mercer whose name is above subscribed, was at the date of the above affidavit a Notary Public in and for said county; and that I am well acquainted with his hand writing, and verily believe the said signature to be his proper act and deed.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty-seventh day of September A.D. 1833.
Charles Crane
Wm J Mercer Notary Public has been on file
A. Miller

From Martin Gage Col. Benton Yates Co. NY May 22 - May
free
War Department Pension Office Washington City D.C.
NY

Miller, Wm. NY R 7228
D.G.

Sir —
Pentons Yates County NY
May 22. 1835 —
In Feb. y last the Hon. E. Howell at the House of Representa- from this state politely furnished me a copy of the Papers in the case of William Miller, make application for a Pension in order that I might ascertain wherein they were deficient &c - examination it appeared that the affidavits, were , were loosely taken rather did not describe the service with sufficient accuracy to enable the Department to compute the time - I have called on the same witnesses & they have made new affidavits, describing the service of Miller with a deal of clearness and precision, and it appears that the deficiency of the former is owing more to the haste, or carelessness of the persons who drew them, than to the want of recollection or knowledge of the witnesses - Only one new wit- is introduced which is Samuel Jayne - He is personally knowing to only two short periods of service - In addition to the former papers you will also observe that William Miller (the applicant) has made an affidavit amendatory to his Declaration, respecting his services as Ensign (viz) that he served virtue of a certificate or other written instrument in lieu of a Commission, until such Commission should be made out & given him - Whether or not this Decl- of the applicant himself supported by the testimony of all his witnesses, that he was an Ensign, will not constitute him as such, and entitle him to receive pay as such for the time he has proved, the Department will determine - In case this written instrument should not be considered tantamount to a Commission, he will be allowed pay as a Non-Commissioned Officer -
There probably cannot be any further testimony obtained, in the case & it will therefore be desirable that the Department decide upon the case and grant him a certificate for such an amount of service, as it appears he is entitled to from his Declaration & the proof he has made —
I remain very respectfully, W. Woodhull
Marshall

State of New York Yates County - 38
Be it known that before me a commissioner of Deeds in and for the County aforesaid personally appeared Alexander Miller of the town of Groton in the County of Tompkins & State aforesaid, who first being duly sworn according to Law deposeth & saith that he is the brother of William Miller of the town of Seneca in the County of Ontario & State aforesaid, and is the same Alexander Miller who made affidavit respecting the services of the said William Miller in the Revolutionary War, before Wm. I. Mercer Esq. a Notary Public for the County of Ontario on the 14 th day of June 1833. That he further recollects in addition to what he then and there stated, that his brother William Miller volunteered as a private in Capt. Jackson's Company in Colonel Haysom's Regiment of New York Militia for five months in June 1779 at Warwick in Orange County & State aforesaid. That the said William Miller marched from Warwick in the said Company as he this deponent will recollects, for New York. That the said William was absent and did not return until late in the fall of the same year, and has no doubt but what he served the full term of his engagement. That he this deponent well recollects hearing the said William and other soldiers who were out with him talk of being at New York & on Long Island, during this campaign, and of their being fired at by the British when crossing over from Long Island to New York after the Battle. And the said Alexander Miller further saith that William Miller went as a substitute for some other person (his name not now recollected) to Closter or Gloucester in New Jersey, near Fort Lee, in the winter of 1777 (in February he thinks) under Captain Dunning of Coehoes in Orange County N. York in Colonel Haysom's Regiment of New York Militia, for two months instead of one month as set forth in his former affidavit. That the said W m

Miller served his time out faithfully and at the expiration of two months was discharged or sent home - That there was stationed at Glouster or Gloucester at that time several Companies of Militia belonging to Colonel Haythorn's Regiment, as a guard to protect the frontier, and to scout, and keep a look out for the enemy - That he this deponent was there, and belonged to Captain Bailey's Company, and saw his brother William every day -
And the said Alexander Miller further saith that in the summer of 1777 or 1778 (he is not certain which) his brother William and himself volunteered under Captain Winthorn in Florida, in Orange County for three months, in Colonel Haythorn's Regiment of New York Militia, to go to Ramapo in Rockland County to keep guard, the standing army having left there the spring before - The said William Miller served out the full term of his engagement and was discharged -
And the said Alexander Miller further saith that as he believes, in the latter part of the summer of 1778 he this deponent and William Miller his said brother volunteered for three months under Captain Richard Bailey in Colonel Haythorn's Regiment of New York Militia for three months to go to Martinus Decker's Fort (so called) to keep guard & scout after the Indians - At that time a party or band of Indians came down upon the frontier settlements, murdered some families and burnt some houses, which caused an alarm, in consequence of which Colonel Haythorn's whole Regiment was called out, and marched to Decker's Fort, in the forks of the Delaware and Neversink Rivers - That after they arrived at Decker's Fort a sufficient number volunteered to keep guard and the residue returned home - That the said William stayed and served his time out and was discharged - That he this deponent thinks the detachment

or guard at Decker's Fort was commanded by Major John Pappino -
And the said Alexander Miller further saith That previous to his and his Brother William serving three months at Martinus Decker's Fort as last above stated, and as he thinks in the fall of the year 1777, he this deponent and his brother William Miller was called out to keep guard at Minisink at Major Decker's Stone House, on the east side of the river under Capt. Sheppard in Col. Hoagthorn's Regiment of Penns. Militia - That the said William Miller was stationed at the place aforesaid and kept guard and served out his term of enga- -gement which was three months and returned home - That he this deponent was with him on this tour of duty, and recollects distinctly That the services were so rendered as above - stated - That the above mentioned services were - performed as a private -
And the said Alexander Miller further saith That the said William Miller was chosen Ensign in the Company of Andrew Miller in Colonel afterwards General Hoagthorn's Regiment as set forth in his former Affidavit - That he knows the said - William served a long time as Ensign, but that he this deponent was not with him and cannot - therefore state with clearness or precision the - duration of the same or the particular period when it was done - That he was present when the said - William was chosen Ensign, and after he was chosen, saw Major Wisner sit down at his table with pen and paper to write, and as this deponent supposes to make out a certificate for the said William - showing That he was so chosen Ensign and authorized to act as such, but he this deponent went away and did not see the certificate handed over to the said William - That soon after, and during

The latter part of the war he this deponent has — frequently heard The said William say that he has a certificate from Major Wisner — And has heard him the said William say frequently since the war that he has a certificate showing that he was — chosen Ensign and authorized to act as such —
And further this deponent saith not —
Sworn and subscribed the
23 rd day of April 1835 —
Alexander Miller
before me
Anthony Gage
Commissioner of Deeds in and for the County of Yates
Testimony of Alexander Miller in the case of Wm Miller
State of New York County of Yates
I hereby certify that Anthony Gage before whom the preceding affidavit was taken or sworn to was at the time a Commissioner of Deeds in and for the county aforesaid duly authorized and empowered by the Laws of said State to administer oaths. that I am well acquainted with his hand writing and verily do believe his signature subscribed to the same is genuine.
In Testimony whereof I have hereunto subscribed my name and affixed the seal of said County at my office in Penn Yan the 20 th day of May 1835. George Sherman Clerk

State of New York } Steuben County }
Be it known That before me Abel — Kendall Esq. a Justice of the Peace in and for the County aforesaid appeared Aaron Swarthout of the town of Tyrone in The County & State aforesaid who first being duly sworn deposeth and saith That he is the same Aaron Swarthout, who made affidavit before R M Bayly Esq. a Notary Public in the County of Ontario & State aforesaid on the 7 th day of July 1832 respecting the services of William Miller of Seneca in the County of Ontario and State aforesaid — And the said Aaron further saith Martin Gasp Esq. of Benton in the County of Yates and State aforesaid, has this day presented and shown him this deponent a paper or writing purporting to be a copy of his the said deponents affidavit before R M Bayly Esq. as aforesaid, and which said paper or writing is in the following words (to wit) —
"State of New York } "Ontario County } Aaron Swarthout of the "Town of Tyrone in Steuben County on his oath, doth "depose and say that he knows William Miller "of Seneca in Ontario County, and has known

"him from his boyhood - knows that he was "an ensign in the service of the United States "in the time of the Revolutionary War, and knows "that he was repeatedly in service - At one time, "for five months, but cannot distinctly state "any other particular time - And further saith "not -
Aaron Swarthout"
"Sworn and subscribed." "This 7th day of July 1832." "before me R. M c Bayly, Notary Public,"
And the said Aaron Swarthout further saith that as he this deponent verily thinks and believes, the said R. M c Bayly Esq r Notary Public as aforesaid did make a mistake, or an error in taking down his the said deponents testimony relating to the services of the said William Miller as aforesaid - That he the said deponent well recollects of six months service of the said William Miller instead of five as taken down in the copy aforesaid - That according to the best of his the said deponents recollection, he this deponent and Alexander Miller, brother of William Miller & the said William Miller, all volunteered to keep guard at Major Deckers Stone House, in Minnisink, on the Delaware River in the State of New York - That it was in the fall of the year 1777 - and that Captain Sheppard

Com manded The guard - That they kept guard and scouted after The Indians - That the said William Miller served three months and was discharged - That he served as a private as this deponent believes during this tour of duty -
And the said Aaron Swarthout further saith that in the latter part of the summer of 1778, he this deponent and Alexander Miller and the said William - Miller, volunteered for three months under Captain Richard Paily in Colonel Haythons Regiment of New York Militia, to go to Martins Decker's Fort (so called) to keep guard and scout after the Indians - At that time a party of Indians came down upon the frontier settlements, murdered a number of the inhabitants, and burnt some houses which caused an alarm, in consequence of which Colonel Haythons whole Regiment was called out and marched to Decker's Fort in the forks of the Delaware and Neversink Rivers - That after they arrived at Decker's - Fort a sufficient number volunteered to keep guard and the residue returned home - That the said William Miller this deponent was among the number who stayed - That that they done duty at that place for three months and were then discharged - That - he thinks Major John Pappino commanded the volunteers at Decker's Fort - That the said William Miller acted as Ensign at Decker's Fort according to the best of this deponent's

recollection —
And the said Aaron Swarthout further saith That he was not personally knowing to any other service being performed by the said William Miller during the Revolutionary war, but that he the said deponent knew from common report at the time that the said William Miller was out in the service, at many other times and places during the war, beside those two above stated — That he was known as Ensign William Miller, so called and denominated and this deponent verily believes that the said William served a long time as Ensign — That he was considered as an active and enterprising officer — That he this deponent & the said William were raised and brought up within three miles of each other in Orange County in the state of New York when they resided in the time of the Revolutionary war — That the said William was out a great part of the time during the war, as private and Ensign, on various kinds of duty — And further this deponent saith not —
Testimony of Aaron Swarthout to the service of William Miller
Sworn and subscribed the 18 th day of May 1835 before me —
Aaron Swarthout
Abel Kendall Justice of the peace
State of New York } ss. Steuben County }
I Arnold D. Read Deputy Clerk of the Common Pleas Court of the County and State aforesaid do hereby certify that Abel Kendall Esq. is a Justice of the Peace in and for the said County of Steuben duly commission- ed and qualified, that his commission is dated on the first day of January 1835 and will expire on the last day of December 1837 and that his signature to the preceding affidavit is genuine and that at the time of taking said affidavit he was duly authorized to take the same —
Given under my hand and the seal of said County the 18 th day of May 1835 —
A. D. Read Dep. Clerk

R. M. Bayley
22 April 1833
LC
Recorded Vol. 8. Page 495.

Dear Mr. Hart
Pension off April 1853
Sir.
I have to inform you of the examination of the following applications, for pensions under the act of 7. June 1852.
Benj. H. Little alleges a service of 12 mo in an artillery company. The records of Massachusetts would furnish the proof of it & as the regulations require the best evidence in the power of the claimant to produce that part of his claim could not be allowed without being established.
In the case of Wm Miller who claims a full pension as Ensign, it appears that he had no commission until after the close of the war. The allowance which the act would authorize if the service was admitted would be that of the highest non-commissioned officer. It should also be remarked that the claim of 2½ years service in that grade does not correspond with the usual amount of service in that description of the public force. The only documentary evidence of service shows that one of his tours was but eight days. Such a claim can not be admitted without proof. Their cases are for the present suspended & their papers placed on file.
24 th June
? M. Bayley 4th Geneva.

No 12043
New York
William Miller
Rejected
See letters within
Let to Martin Gage 30 May 1835

Revs: William Miller
New York
Act 7 June 1832
Suspended
See letter to Mr. Bayly 22 Apr 1833
act 7 June '32
See let to Hon J. Dick- =son Apr 10 th 34
do. M. Gage 9 Oct. 34
do. Wm. E. Howell Feb: 26. 1835
J. P. Cooper
Nov 12/51
to J. P. Cooper
Jany 21/53

6873
William Udaller

6873
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? It does II. Did the declarant make the declaration in the county where he resides? He did 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? He has 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? He has not ✓ VI. Has he given the names of the officers under whom he served, in conformity with the regulations? He has not ✓ VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? He has VIII. Has the Court given their opinion? He has IX. Has the Clerk given his certificate? He has 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? It is, & is so distinguishable.

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No Clergyman's evidence XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None. 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? 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? The say not And is the official character and signature of the magistrate certified by the proper officer under his seal of office? It is not 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? It does XVI. ‡Are the papers authenticated as the regulations direct? They are not XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? No. 1, 2, 3, 4, 5 are not
 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.

Hon Judge Young

Claim of Capt. William Miller of New York for a pension - filed in 1833. under act of June 7. 1832
No Papers Claim of James Levins of Illinois or Alabama for a rev. pension under act of June 7. 1832 - Alabama.
ala 56 Res Claim of Widow Delah or Celia Smith widow of Wm Smith under act of July 7. 1838 - application made in 1846 - 1847 or 1848 - from Alabama -
7 July 38 I wish to see the papers in the case of Martha Lucas Harris widow of John Harris - of Illinois - act Hls. of July 1838 - Rejected on Nov. 21. 1857.

Washington Feby 25 th 1835-
L L Bowens Esq.
Dear Sir
Enclosed I retain
the pension papers of William Miller When I received them you directed one of the clerks to send to me a copy your letter containing the objections of the Department to the allowance of his pension I have not yet rec d it - Will you do me the favour to have it sent today if convenient
I am Sir Very Respectfully
Your O bt Serv t
Howard

[Signature] War Department Pension Office Washington City.
Wm. Keller

Penton Yates County NY September 27 th 1834
Sir—
William Miller a soldier of the Revolution of the Town of Seneca in the County of Ontario, but who resides near me (both near the County line) informs me that he has made application for a pension a long time ago & that the papers were entrusted to R d M c Bayly Esq r of Geneva - that he has not received any information concerning his case & has requested me to write to the Department for him - Will you be so kind as to inform me, what the situation of his application is - whether more proof is necessary - as to what particular - whether the papers are not right - and what is necessary to be done further in order to procure his pension -
By your attention to this matter - you will greatly oblige your Obedt Servt Martin Lacey Hon J s L e Edwards

28 Testimony of Sam'l Jayne in the case of Wm Miller

State of New York Yates County 3 d ss.
Be it known that before the subscriber a commissioner in and for said County authorized to take the acknowledgment of Deeds personally appeared Samuel Jayne of the town of Benton and County & State aforesaid who first being duly sworn according to Law doth on his oath depose and say that he was acquainted with William Miller in the Revolutionary war & has continued to be acquainted with him more or less from that time to the present day. That he first knew him in Orange County where he resided in the time of the war and that he now resides in the Town of Seneca in the County of Ontario — — And the said Samuel Jayne further saith that in the month of March 1781 Capt. Richard Bailey ordered out a detachment from his Company — under the command of Ensign William Miller to go to Minnisunk in the said County of Orange to guard the Frontiers against the depredations of the Indians. That the said William Miller — Marched with his detachment to Minnisunk & commanded the same for the space of Ten days according to the best of this deponent's recollection, when the detachment was discharged and returned home. And this deponent further saith Capt Bailey's Company belonged to Col. Haythorn's Regiment of New York Militia —
And this deponent further saith that he this deponent and the said William Miller was called out on an alarm in the month of May following under Capt Bailey and Col. Wisner and marched to Minnisunk. They were absent on this expedition three days —
And the said Samuel Jayne further saith that William Miller was an active soldier & officer in the war of the Revolution, and that he has always been considered a man of truth and

veracity, and that his statements with regard to his services are entitled to full faith and credit — That he this deponent was not personally knowing to any further service of the said William Miller than that before described, but from common report in the neighborhood, at the time and which this deponent well recollects, he the said William Miller served, in the capacity of a private, and in the capacity of Ensign or Lieutenant during a considerable part of the war in various expeditions, differing in length or duration, and that in the opinion of this deponent the said Miller served at least two years — And further this deponent saith not —
Sworn & subscribed the 11 th day of March 1835 before me —
Samuel Jayne
J. M. Hays Commissioner of Deeds
This may certify that I am personally acquainted with Samuel Jayne, who subscribed and made oath to the foregoing affidavit, and that he is a respectable citizen of the town of Benton aforesaid, a man of truth and veracity and that his statement is entitled to full faith and credit —
In testimony whereof I have hereunto set my hand at Benton aforesaid the 11 th day of March 1835 —
J. M. Hays Commissioner of Deeds
State of New York County of Yates.
I hereby certify that Jesse T. Gage before whom the preceding Affidavit was taken and also whose signature appears to the above Certificate of Credibility

was at the time of taking the said Affidavit and also at the date of the said Certificate a "Commissioner of Deeds" in and for the County aforesaid duly authorised and empowered by the Laws of said State to administer oaths. That I am well acquainted with his hand writing and verily do believe his signatures appearing to the said Affidavit and Certificate to be genuine.
In Testimony whereof I have hereunto subscribed my name and affixed the seal of said County and of the Court of Common Pleas thereof.
Done at my Office in Ponn Can the 20 th day of May 1835. George Thearmann Clerk
X

Judge Young - Dear Sir -
The power of atty spoken of within I sent to the department - since which I have heard nothing of the case. I turn it over to you as requested Sept. 6th.
W. H. Bissell

Marshall, Illinois. Aug. 21 st 1882.
Hon. W. H. Bispell.
De Sir.
Capt. William Miller, a soldier of the Revolutionary War, from New York state, made his application for a Pension in the year 1833. his son William says, as well as he now recollects; the claim was not admitted at the time for some reason unknown to us here, and the old man has since died :
The Comm. of Pensions, on the 12 th Nov. 1881. wrote me, that the claim had never been allowed, but did not state the reason for it; And he further states to me in that letter, that "no report could be made to me, as Atty. for the heir, unless my authority was exhibited by a regular power of Atty. for that purpose.
On the 11 th day of December 1881. I enclosed to your care for me, a Regular power of Atty. from William Miller, a son of the applicant soldier for the pension, giving me authority to prosecute the claim, & through you to present it for me, & obtain & enclose to me a report of the original pension application, showing its condition, progress, & what is wanting, if any thing for its allowance &c, all to be enclosed by you to me, at this place, at as early a day as possible.
I never received any Reply, from you, or the Department since that time, nor do I know whether you ever received the power of Atty. as above stated, as being sent to you.
Will you please have the kindness on the Receipt of this to obtain a report of

of this case from the Comr. of Pensions, in full, as to date of application for the pension, & when it was filed, what the facts are in the declaration as to his service, as to time , Reg't, Capacity &c. (and) what proof is made in the case, if any, & what is wanting in proof, if any, or otherwise, for the admittance of the claim, & enclose the same to me at this place at an early day.
If it is not convenient for your attention to be given to this matter, will you please, have the goodness to hand over the power of Atty. I sent you in this case if it is not filed in the Pension office with this claim, to the Hon. R. M. Young, pension agent, at Washington City, with this letter , & request his early attention to this claim, & to correspond with me, at this place relative to it.
I hope to receive an early reply from you, to this place, after the receipt of this letter: or from my friend Mr. Young, to whom you may hand this.
Politically , all is right in Illinois, save the matter in your District, & I hope you can make it right, with Honke, after you get home: Honke or somebody is in error there.
Surely your friend, L. D. Cooper.

State of New York } Steuben County } p-
Be it known that before me a Justice of the Peace in and for said county personally appeared Anthony Swarthout of the Wayne in the County State aforesaid, who first being duly sworn, deposeth and saith that he is the same Anthony Swarthout, who made — affidavit respecting the services of William Miller before PM Bayly Esq. Notary Public at Geneva in Ontario County State aforesaid on the 7 th day of July 1832. That he further recollects in addition to what he then and there stated, that the said — William Miller, was in the service in the same — Regiment with him this deponent for five months — That it was in the fore part of the summer of the year 1770, that he this deponent enlisted in what was called the five months service, and according to the best of his recollection the first of July of that year in the County of Orange. That he this deponent was marched first to Fort Montgomery — from there by water to Fort Munday Kings Bridge — from there to Long Island — from there to New York after the battle — then to Kings Bridge — then to Harlem Heights — then to White Plains — &c. — That during this five months service, he this deponent frequently saw the said William in the same Regiment doing duty & continued to see him until he the said William was taken sick & carried away — That he this deponent verily believes the said William served out his said enlistment of five months — faithfully, to the satisfaction of his superior officers and was regularly discharged — That the

said William Miller aforesaid, acted during the said five months in the capacity of Ensign, and was so called, commended and obeyed as such -
And the said Anthony Swarthout further saith that he knew the said William Miller well during the above mentioned service and previous to that time as stated in his former affidavit, but by what authority he acted as Ensign he cannot tell -
Testimony of Anthony Swarthout in the case of Wm Miller
And the said deponent further saith that he saw the said William in the service after that, doing duty at Sappaw in the month of January 1777 - Also in the same winter after the foregoing he saw him on duty at Glouster in New Jersey - Also at Ramapo, in Orange County N. York in the spring following - That he also saw him the said William on duty at Minisink and other places in the year 1777.
That the said William acted as Ensign during all the time that this deponent knew him the said William in the service, and that he was considered an active and enterprising officer - And further this deponent saith not -
Sworn & subscribed The 15 th day of May 1835 before me
Anthony Swarthout
Daniel W Sunderlin Justice Peace
State of New York Steuben County
I, Arnold D. Read Deputy Clerk of the common Pleas Court of the County and State aforesaid do hereby certify that Daniel W. Sunderlin Esq. is a Justice of the peace in and for the said County of Steuben duly commissioned and qualified, & that his commission is dated on the first day of January 1832 and will expire on the last day of December 1835 and that his signature to the preceding affidavit is genuine, and that at the time of taking said affidavit he was duly authorized to take the same -
Given under my hand and the seal of said County the 18 th day of May 1835 -
A.D. Read Dep. Clerk

Washington City, Sept. 8. 1852.
F. F. C. Triplett Esq
Acting Commissioner of Pensions,
Sir, I received the enclosed letter of J. P. Cooper Esq of Marshall Illinois, from the Hon. William H. Bissell, Member of Congress from Illinois, this morning, with endorsement made by him in pencil mark, in regard to the application of Capt. William Miller for a Pension - Will you please have the papers in the case examined, and furnish me with the information desired by Mr. Cooper's letter - and return me his letter with your reply.
Very Respectfully &c Richard M. Young
P.S. Would it be convenient for you to furnish me with a reply in a day or two -
R.M.Y.

REJECTED
✓ 7228 P.O.
William Miller
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P.O. _____ _____ _____
_____ Recognized.
_____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Marshall, Illinois.
August 14 th 1831.
Hon. J. E. Heath, Comm. of Pensions, Sir,
William Miller a Captain, in the Revolutionary War, from the state of New York, resided in Ontario county, N. Y. in the year 1833, or 34, and then applied for a Pension. He has since died, and his son, who now resides here, has no information, whether his claim was ever allowed.
Please on the Receipt of this inform- me, by letter to this place, whether his pension was ever allowed and state the date of allowance, to whom paid, & how much per annum, & for what period of time paid &c. full .
Or if not allowed, state the cause of its rejection, or deficiency.
I have the Honor to be Most Respectfully Yr. Obt. Servt. J. Hooper.

State of New York Ontario County } ss
William Miller of Seneca in The County and State aforesaid in order further to amend his Declaration made before the Court of Common Pleas of The County aforesaid on the 27 th day of August 1832, doth on his oath further declare, That Lieutenant Colonel - Wisner was present at an election of Officers held at The house of Capt. Andrew Miller, in the latter part of the Summer of 1797, when he the said William Miller was by a vote of the Company chosen Ensign in the Company of the said Capt. Andrew Miller, in Col. Hough's Regiment of New York Militia. That the said Capt. Miller resided in The town of Warwick in The County of Orange and State aforesaid at whose house the said election was held -
That Lieutenant Col. Wisner, or Capt. Miller gave the said William Miller a writing - purporting or setting forth, that he the said - William Miller was chosen an Ensign in the said Company, and that he was duly authorized and required by virtue of the said appointment and the writing aforesaid, to act as such -
That he the said William, understood that measures were taken by Capt. Miller or other officers immediately, after his appointment to - obtain his commission from the proper Authority, authorized to grant the same, but for some reason unknown to the said William Miller his commission was not received until

after the close of the war -
And the said William Miller doth further declare, that he served as Ensign, in the time of the Revolutionary War as stated in his former Declarations, made the 27 th day of August 1832 as aforesaid, and amended the 28 th day of January 1833 and that he served by virtue of the said instrument of writing aforesaid - That the said writing is not now in his possession and he cannot tell what has become of the same -
William his Miller mark
Sworn and subscribed The 18 th day March 1835 before me -
George Canward Justice of the Peace
State of New-York. Ontario County ss. I certify that George Canward is a Justice of the Peace in and for said County and was on the 18 th of March 1835. Such Justice duly elected and qualified, and that I am well acquainted with his hand writing and verily believe the said Signature to be genuine which is above subscribed
In testimony whereof I have hereunto subscribed my name, and affixed the Seal of the Court of Common Pleas of said County, this twenty fourth day of March 1835 -
A. J. B. Crane, Deputy Clerk
Amended Declaration of W m Miller -
the word "said" in the above certificate erased A. J. B. Crane