Revolutionary War Pension and Bounty Land Warrant Application File S. 44,540, for John Miller, New York

SERVICE
New York
Miller, John
NUMBER
8.44.540
from Germany Nov. 1949
CONTENTS
[Lined area for handwritten entries]
[Lined area for handwritten entries]

296 77 New York
Susanah Miller widow of John Miller Resident in the State of New York who was a priv Sergt in the Comp y commanded by Captain Dickson of the Reg t commanded by Col o Lasher in the New York Militia for 2 mos 25 days Sergt 6 M ch 27 th pri- John
scribed on the Roll of New York the rate of 37 Dollars 16 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Jany 1835 and sent to Hon G. H c Vane.
Arrears to the 4th Jap r 33. Semi-annual allowance ending
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Gottlieb Crump Clerk, Book E. 2 Vol. 4 Page 45

15943
✓ John Miller's Pension Papers
75

State of New-York, County of Montgomery } ss.
On the nineteenth day of September in the year of our Lord one thousand eight hundred & thirty two, personally appeared in open Court, before the Judges of the Court of Common Pleas of said County, now sitting, John Miller, a resident of the town of Canajoharie in the County & State aforesaid, aged eighty two 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 of the act of Congress passed June 7, 1832.
That he enlisted into the Army of the United States in the year eighteen hundred & seventy six, with Capt. Dickson, and served in the first New-York Battalion of the line, under the following named officers. — That he enlisted in the city of New York, in a company under the command of Capt. Dickson & Lieut. Dunscomb, other officers not recollected, and was joined to the Regiment under the command of Colo. Lasher & Major Stockholm; that he so entered the service the latter part of June 1776. and was kept on duty in the city of New York until in the month of August following (as he believes) when we were marched to Long Island, where we were stationed a short time, when we were again marched to the city of New York, that we remained there a short time, when we were compelled to retreat, marched to Kings Bridge, near Harlem, where a part of the main Army were then under the command of Gen. Washington, that the next day we were marched to Harlem to fight the enemy who had then made an attack upon that part of our Army, that we arrived there after the battle was over, but assisted in burying the dead that had been killed during the engagement, and then were marched back to Kings Bridge, where we remained about three weeks, were called out & engaged in frequent skirmishes with the enemy during this period. That from thence we were marched to White Plains in Westchester County, where we remained until in November following, that three or four days after our arrival at this place, we had a severe engagement with the enemy, & the remainder of the time we were kept on duty, making intrenchments, fortifications, cannonading & frequent skirmishing — That we were

5- then marched up the Hudson River to a place called Peeks Kill, where we were Stationed & remained until the time of his enlistment had expired & on the first day of December of that year when he was discharged. That he then went from that place up the Mohawk River to the town of Canajoharie in said County of Montgomery to reside.
21 That in the month of April 1777. he was drafted & entered the service of his Country in the militia, marched from Canajoharie up the Mohawk River to Fort Stanwix, in the County of Oneida, with a company of men commanded by Lieut. George Reisner. That when we arrived at Fort Stanwix, we were commanded by Colo. Gausebrook, where we were kept on duty, fatigue & guarding against the Indians about three weeks, besides about two days to go & two to return. That a few days after their return to Canajoharie aforesaid, he, with a number of other men were required to & did go to the little lakes in the County of Herkimer to take or destroy a number of Tories said to be there doing mischief, that when we arrived the Tories had fled & we returned home, were out on this tour about three days. — That soon after he, with others, was required to & did go out as a scout to head the Indians supposed to be in or about the place last above mentioned, were absent about two days. —
That about the first of August in this same year he was called out in a company commanded by Capt. Abraham Cropsman & Lieut. George Reisner in a Regiment commanded by Colonel Oliver Cox. — That he with the whole company marched to Herkimer, remained there a few days, were then marched to Oriskany in the County of Oneida, where we were engaged in the battle with the enemy on the 6th day of August aforesaid, we were then commanded by Gen. Herkimer who was wounded & Colo. Cox who was killed. That several days after the battle we returned home. — That about a week after his return, he was again called upon to go to Fort Stanwix. — That we marched to Herkimer where we joined a body of men then under command of Gen. Arnold, that while at this place, the enemy left the siege at Fort Stanwix we then returned home, were absent this time about a week.
That in the fore part of October in this same year he was again called out & marched to join in the Battle with Burgoyne's Army at Stillwater in the County of Saratoga. — That when we arrived near Saratoga we were informed that the battle was over & the returned were absent at this time about three days. —

Called on & marched to join in the Battle with Burgoyne's Army at Stillwater in the County of Saratoga — That when we arrived
near Schenectady we were informed that the battle was over & the returned — were absent at this time about three days — That in the Month of November of this year he was again called to Cherry Valley, was then under the command of Colo. Clyde, kept on duty to guard the inhabitants against the destruction by Tories & Indi- ans, was kept there about a week & including going & returning was out in all nine days — up
That in the fore part of June 1778. he was again called upon, & sent out to Springfield with scouting parties, at diff- erent times, once he with his party fell in with a party of Indians west of Springfield, near the Little Lakes, when we fired upon them & the Indians fled. was also called to Cherry Valley when it was destroyed by the Indians & Tories, did not arrive there until its destruction, was called out during this season at different times & directed to different places with the command of scouting parties, more times than he can now recollect & state, but that he can freely state that the service he done during this season, in the defence of his Country amounted to at least two months service & that too of the most perilous kind, and that during this time he acted as the first sergeant. —
That about the first of May 1779, he was again called to Fort-Blank by Capt. Crossman alone near home, was there again put on duty in charge of scouting parties to Hall Hill, Palatine, Schoharie, Otsego Lake, north of the Little Falls and in different other different other directions, which it is utterly out of his power to recollect & mention — That during this season he with the company to which he belonged was a part of the time stationed at Fort-Hause on the north side of the Mohawk River to guard it against a threatened attack of the enemy, after which he, with a part of the company to which he belonged, was ordered to Fort Dayton in the County of Herkimer to guard the Fort, was there command- and by Capt. Bowman, were out about twelve days, when we re- turned home in the fall, was there kept out scouting as before until about the first of December, when he was allowed to return his home, & that during this season the various duties done by him in the season service of his country amounted to at least five months actual service as he verily believes — that during this service he was also first sergeant & acted as such. —

7.9 That in the mouth of June 1780. He was again called to Fort Plain, was then sent in charge of a party of men scouting South to Baumanns Creek, soon after we returned. That the men under command of Colo. Clyde were marched to Fort Stanwix to guard the government boats with provisions &c. for that Fort. That we returned in about ten days; that he was then at different times sent out a scouting with parties in different directions to Ball Hill, Kerkimer & other places which he cannot recollect or mention. That about the twelfth of October following we were ordered to march against the enemy then commanded by Sir John Johnson, who was burning & destroying along up the north side of the Mohawk River, that they marched across the River under command of Colo. Clyde, there joined a body of troops under command of Colo. DuBois & a body of Militia men under Gen. Van Rensselaer, we then pursued the enemy up the River towards the east Canada Creek where we overtook them. commenced an engagement near dusk, fought some time when the enemy returned, and that night crossed the River & marched westward. That the next morning we marched in pursuit of them several miles but finding they had got out of reach we returned. That he continued to do duty & out in scouting parties as required until some time in the mouth of December following when he was again allowed to go home, & that during this season the various duties done by him in the service of his country amounted to full four months actual service as he hereby believes, and that he continued to serve in the capacity of first sergeant.
21
That some time about the first of April 1781 he was again called into service by the said Captain, was sent from Fort Plain out in scouting parties at different times & kept on duty at the Fort almost constantly until about the middle of July when he with the men then commanded by Colo. Willet were marched to Sharan in the County of Schoharie to attack a party of Indians & Tories about three hundred, commanded by a Tory by the name of John Dockstader, that we marched to a place called Burlock where we fell in with the party fought & routed them. That we then returned to Fort Plain, where he continued to do duty & was called out in scouting parties in different directions, as circ-

der, that we marched to a place called Burlock Burlock where we fell in with the party, fought & routed them. - That we then returned to the Fort, where he continued to do duty & was called out in scouting parties in different directions, as cir- cumstances required the most of the time until about the twenty fourth of October following, when he was again marched with men under Colo. Willet to Johnstown, was there engaged in the battle against a party of British troops, Indians & Tories under command of Colo. Butler & Major Ross; that after the battle he, with men under Colo. Willet, marched up the Mohawk River, then to the north, to the west Canada Creek, where some fighting was done, Butler killed. The enemy moved off & then  he returned back - that the pre- cise amount of duty done by him during this season, he cannot state, but that he did, as he believes, at least four months actual service for his country - and that he was first sergeant.
That he has no documentary evidence, & that he knows of no person, whose testimony he can procure, who can testify to all his service. That he was born in Germany in December 1749, came to America in 1775. That he was living in the City of New-York when he first entered the service;
That he has lived since the Revolutionary war, and now lives in the town of Canajoharie, County of State afore said - off
That he was called into service at the very dif- ferent times & in the manner above mentioned -
That he cannot State the names of regular officers with troops where he served, Continental or other regiments or the general circumstances of his service, other than as the same is above stated.
That he has had a discharge & that he never received any receiving has long since lost the same P. H. D. Reverend Chaplain President of Nicholas Bruckle
That the Road Revised  Form Defendant & Nicholas Bruckle of Bangor are the names of persons to whom he is known in his present neighborhood, who can testify as to his character for veracity, and their belief of his services as a soldier of the Revolution -

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State Sworn to & subscribed John his Miller the day & year aforesaid Mark
Geo: D. Ferguson, Clerk.
We Jonas Diefendorf a Clugymen residing in the town of Canjoham and Nicholas Duncle residing in the same place hereby certify that we are well acquainted with John Miller who has subscribed and sworn to the above declaration; that we believe him to be eighty  forty two 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 & subscribed the day & year aforesaid. Nicholas his Duncle Mark
Geo: D. Ferguson, Clerk.
Jonas Diefendorf
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 certify that it appears to them that Jonas Diefendorf who has signed the preceding certificate is a Clugymen resident in the town of Canjoham and that Nicholas Duncle of the same place, who has also signed the same are credible persons and that their statement is entitled to credit.
I George D. Ferguson, clerk of the Court of Common Pleas of the said County of Montgomery, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Miller for a pension.
In testimony whereof, I have hereunto set my hand and Seal of office this nineteenth day of September 1832 -
Geo: D. Ferguson

John B. State of New York
County of Montgomery ss.
Peter Lambert of Canajoharie in the County & State of said, being duly sworn deposes & saith that during the Revolutionary War he was well acquainted with John Miller of the town County & State of said, that during the said War he often saw the said John Miller in the Service of his Country at Fort Plank, Fort Plain & out in scouting parties at various different times & in different seasons during the said War, that he knew the said John to be in a battle fought in the town of Sharon in the County of Schoharie, called the Burlock battle, against a party of about three hundred Indians & Tories under command of a Tory by the name of Dockstadu. That the said John Miller was considered & fully relied upon, during the war, as a most faithful, true & fearless Soldier in the service of his Country, and that the said John acted in the service in the war as a Sergeant & further deponent saith not.
Sworn to subscribed in open court the 19th Sept. 1832.
Peter his Lambert Mark
Geo: D. Ferguson, Clerk.
State of New York
County of Montgomery ss.
John Brookman of Minden in the County & State of said, being duly sworn deposes & saith, that in the war of the Revolution he was acquainted with John Miller of Canajoharie in the County & State of said, that in October 1781 he knew the said John to be in the battle fought at Johnstown in said County between men under Colo. Willet & British troops Indians & Tories under Colo. Butts & Major Rapp, that the said John there fought to the knowledge of

deponent, Most fearfully & that the said John was among the pursuers of the said Butts & his party to the place where he was killed at the west Canada Creek & further deponent saith not — Sworn to & subscribed in open Court the 19th Sept. 1832
John Bradman
Geo: D. Ferguson. Clerk.

State of New York
Montgomery County ss,
I Susannah Miller of the town of Canajoharie in said County, do hereby relinquish all claim for a pension under the act of Congress of the 7th of June 1832 for services of my late husband, John Miller, in the Revolutionary War. Except for two months & twenty five days service as a sergeant and six months & twenty seven days service as a private by my said husband, for which said service I claim a pension or pay up to the first day of April 1833. the day of my said husband's death -
Signed Sealed and acknowledged before me, and I certify that I know the said Susannah Miller to be the widow of John Miller deceased, who made this application for a pension - Nov. 14th 1832 - A. GOOR.
Susannah Miller mark
Justice of the peace.

15.943
John Miller Montgomery Co. N York
25
e.f. Admiral Mendenhall 2 Mo 25 day Supt 6 " 27 " Provost 9 - 22 922
Hon C McVean Home Reps H Adair B.G. Fort Plain N.Y.

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. 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 John Weiller—
   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.     June 1776 5 Private Capt Dickson Lt Col Luther Col Long Island 32 years City of New York By living Witnesses & Clergymen   April 1777 25 Reisner Gansvort Brigs Brigs   1 Aug 3   Octob 2   1 Aug 27 Capt Cooperman Col Bran Werkim   Octob 3   June 1778 2 9 Swift Col Collyde Springfield   May 1779 5 Capt Cooperman Fort Plank   June 1780 4 Capt Bewman Fort Pain   April 1781 4 " Col Collyde Col Willis Johnstown  
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 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 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.
¶ The notes from [a] to [i] 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.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

the county again, the money being that Henry took before when the for- going affidavit was taken. Was in the state then a part of the part of Davis County, and that I am well acquainted with his handwriting subscribed to the said affidavit & certificate is genuine In testimony whereof I have hereunto set my hand & seal of office this 3 rd day of February 1834.
Geo. D. Hargrave
died 1 st ap l '33 leaves - widow Susanah Miller whose legacies all claim beyond 2 mo 25 ds serv. 5. 27. " fri.

State of New York
Montgomery County ss;
Personally appeared before the undersigned a Justice of the peace of said County, Susannah Miller, who being duly sworn deposes and saith that she is the widow of John Miller an applicant for a pension named in the annexed pension declaration. That the said John Miller died at his residence in the County of said, on the first day of April last past.
This deponent further saith that from the extreme old age & the much infirmity of her said husband. She is satisfied that, even he living, it would be entirely out of his power to give a more full statement of his services in the revolutionary war than is contained in the said declaration, that this deponent has it not in her power to furnish a statement of the services of her said husband in the said war other than what is contained in the said declaration, and that if there is not sufficient contained in the said declaration, with this explanation, to entitle this deponent, in the stead of her said husband, to the benefits of the act under which the application is made, she must submit to be deprived thereof, although she has always understood & now believes that her said husband was engaged during the whole of the war in services of the most perilous kind.
Subscribed & sworn to the
31 st day of December 1838
before me H. C. Justice
Susannah Miller his mark
State of New York
Montgomery County ss;
Francis Duerkell and Jacob Ennis — being duly sworn do hereby depose & say that they were well acquainted with John Miller named in the annexed pension declaration, that the said John Miller died at his residence in the said

county on or about the first day of April last past, That Susannah Miller who has made the foregoing affidavit is the widow of the said John Miller deceased, that they have heard the foregoing affida- vit read. And they generally say that the same is true according to their best knowledge information and belief -
Frances his Duncable mark
Subscribed & sworn to this 3 rd day of January 1834 before me H. Cook J.P.
Isaac Empey
And I the said Justice do certify that the said Francis Duncable & Isaac Empey are credible persons & that their statement is entitled to credit -
H. Cook J.P.
State of New York
Montgomery County ss:
I George D. Ferguson clerk of the county aforesaid, do hereby certify that Henry Cook, before whom the fore- going affidavits were taken, was on the dates thereof a Justice of the peace of said county, and that I am well acquainted with his hand writing subscribed to the said affidavits & certificate is genuine In testimony whereof I have hereunto set my hand & seal of office this 3 rd day of January 1834 -
Geo: D. Ferguson

December 21, 1934
XXXXXXXXXXXXXXXXXXXX
John Miller-S.44540 BA-J/AWF am
Mr. George Bary 1634 Highland Avenue Cincinnati, Ohio
Dear Sir:
Reference is made to your letter in which you request information in regard to Johannis Muller, a Hessian sent from Germany, and served in the War of the Revolution.
Revolutionary War data furnished by this office are obtained from claims made to the United States for pension and bounty land, based upon military service of soldiers in that war.
A search of the records fails to show such claims on file on account of the Revolutionary War services of Johannis Muller or John Muller.
The record of John Miller, who was born in Germany and served in the War of the Revolution from New York, has been found and is furnished herein. It is hoped that this record may be of interest to you.
The data which follow were obtained from the papers on file in pension claim, S. 44540, based upon the service of John Miller, during the Revolutionary War.
John Miller was born in December, 1749 in Germany, and came to America in 1775; the names of his parents are not given.
While residing in New York City, he enlisted in June, 1776, served in Captain Dickson's company, Colonel Lasher's New York regiment, did guard duty in New
This does not seem to fit the request - but Mrs. Finch said send as he was born in Germany

York City, was in the battle of White Plains and in several skirmishes and served until the December following. He served from in April, 1781 at 1777 various times, was under Lieutenant George Resner in Colonel Gansevoort's regiment at Fort Stanwix, guarding against the Indians, was in the battle of Oriskany in Captain Abraham Copenan's company, Colonel Ebenezer Dorr's regiment, in November, 1777 went under Colonel Clyde to Cherry Valley to protect the inhabitants against the Indians and Tories. He served from in June, 1778 as 1st sergeant in Captain Copenan's company, was in a skirmish with the Indians, and out on other alarms until the close of that year. He served from in May, 1779 as 1st sergeant in Captain Copenan's company, out in several scouting parties, and was stationed at various places along the Mohawk River, length of this service five months. He served in 1780 as 1st sergeant under Colonel Clyde, was in several scouting parties, and in October, 1780 marched against Sir John Johnson, who was burning and destroying property along the Mohawk River, had an engagement with the enemy and served until in December, 1780. He served from in April, 1781 in Captain Copenan's company in scouting parties, and was in an engagement with Indians and Tories at Turlock and in the battle of Johnstown under Colonel Willett.
The soldier, John Miller, applied for pension September 19, 1832, at which time he was living in Canajoharie, Montgomery County, New York; He had moved there after the expiration of his first tour. The pension was allowed. He died September residence in Canajoharie, April 1, 1833, survived by his widow, Susannah. She was living in Canajoharie in 1834. There is no further reference to her, and no reference to children.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

At a Court of Common Pleas held at the Court House in Johnstown in & for the County of Montgomery on the 18th day of March 1834.
Present, The Hon.
Abraham Morrell
David Spraker
Samuel A. Gilbert
Henry L. Dievendorff
John Hand
In the matter of John Miller
Henry Adams & George D. Ferguson citizens of the County of Montgomery aforesaid, appeared in Open Court, & being duly sworn, did say, that they were well acquainted with John Miller of the town of Canajoharie in said County, a reputed Soldier of the Revolution & an applicant for a pension under the act of 7th June 1833.
That the said John Miller died at his residence in the town aforesaid on the first day of April last past leaving a Widow Minnie surviving, who still resides in the town last mentioned & her name is Susannah Miller, and she is personally known to deponents. — And that the testimony adduced in the above matter was in all respects satisfactory to said Court.

In testimony whereof I have hereunto set my hand and the seal of Office of the Clerk of the said Court this 18th day of March 1834.
A. H. Hushney, Dep. Clerk

44 540
934-Dec 21 - Mich L. George Boarman
Rev INVALID.
File No. 44 540
John Miller Priv. Capt. Dickson Co. N.Y. Militia
Act: 7 June 1832
Index: —Vol. 3 , Page 340
[Arrangement of 1870.]

New York! John Miller
Admitted
Certificate with held Circular enclosed to Hon C. M. Vease
January 12 1835

1634 Highland Ave. Cincinnati, Ohio
Veterans' Administration Washington, D.C.
Clerk of Information;
I was referred to this office by the Adjutant General of the War Dept. I am seeking what information that can be had of Johannis Muller , a Hessian, sent here from Germany during the Revolutionary War. I know little of this man except that after the surrender at Trenton, N.J. he settled around Philadelphia and sent for his family. Later he moved to Western Pa., and settled in Washington Co. Only two children are known. David, born April 18, 1790, and Harrison, a brother said to be of David.
The name Muller was changed to Miller but just when this occurred is not known. Probably after Johannis Muller was discharged from the army.
The War Department gives me this information of a Johannis Muller; "The records show that one Johannis Muller served in Captain Jacobus Phillips Company, Van Rensselaer's Regiment, New York, Revolutionary War. Neither his rank, nor the period of his service is shown. An undated record shows him in Class 21, and his name is borne on records dated April 27, 1780 and February 3, 1783, without remark as to service. No record of any other man of this name has been found. The records do not show that he was a Hessian."
The Cincinnati Library has the names of the soldiers of Von Rensselaer's Regiment, and I find a Johannis Muller listed, and also a Johannis C. Muller. Nothing more is given, not even the company nor rank.
I would like to find out something of these men for it is possible that one of them is the one in question. I have the lineage from the son David on, but know little of his brothers or sisters, and nothing of the pioneer ancestor, Johannis Muller. I would like to know where born, where died, age at enlistment, and who his wife and children were. If possible to supply any of this information I shall be very grateful
Very truly yours,
George Bary