Pension Application of Rush Milam: S7943
Transcribed and annotated by C. Leon Harris
Virginia Kanawha County towit
On the 11th day of March 1833 personally appeared in open court before the Justices of the county Court of Kanawha County now sitting Rush Millam a resident of the County of Kanawha and state of Virginia aged seventy four years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
That he was born in the year 1759 in the County of Culpepper [sic: Culpeper] and state of Virginia where his parents resided till this affiant was two years old when they removed to the County of Bedford Virginia. This declarant has no knowledge of any record of his age of any kind, though such may have existed, but knows his age and the year of his birth from information given him by his parents, in his youth. He continued to reside in the County of Bedford until the year 1781 when on the 15th of January of that year he entered the service of the Virginia militia as a drafted man. He entered the service under Capt. Alexander Cummins by whose command, this declarant was, marched from Bedford County to Petersburg and his company was there attached to the regular troops under the command of Barron Steuben and annexed to the regiment commanded by Col Meriweather [sic: Meriwether] and Major DeCluman [often spelled Decloman, a French officer].
From Petersburg he was marched to the Town of Suffolk on Suffolk river, on the border of N Carolina. From this place he was marched to a place called Green Sea near Portsmouth. From Green Sea this Declarant was conducted to some fortifications or breast works commanded by Gen. Gregory. From this place he was marched to Prince George Court House Va. where he was regularly discharged by Capt Cummins, having served a term of three months. This discharge was sent to the War department with his declaration made on the 13th of August 1832 but was not returned with his declaration sent back for some defects contained therein. This affiant refers to this discharge as evidence of his first tour of service of three months
Four weeks from the time of this discharge, or between the 15th and 20th of May 1781 – this affiant was again drafted from Bedford County to serve a second tour and under the same Capt Alex’r Cummins. At this time he was first marched to the Town of New London [now in Campbell County] which was then threatened with an attack by the British. He was thence conducted to James River to a place called Point of Forks [sic: Point of Fork at the confluence with Rivanna River] and from thence to near Charlotte Court House. From this place the troops crossed the James River and were marched to Goochland Court House and from thence to Bottoms Bridge below Richmond [on Chickahominy River]. He was thence conducted to New Kent C H on his way to Williams Burg [sic: Williamsburg] when his time expired. All his officers during this service are not distinctly remembered except his Major whose name was Love, and the Chief in command was General [Robert] Lawson of the Virginia militia. This declarant did not receive a written discharge for this second tour of three months, but instead thereof the receipts heretofore endorsed to the war department, which he received from the Sheriff of Bedford County for the payment of the army tax which he paid in full by a transfer of his wages for this tour. He believes, and was informed at the time, that these receipts were considered and given as evidence of a discharge, as the service money was withheld to pay the army tax.
On the 25th of August 1781 and a few days only after he reached his home in Bedford County, this Declarant was again drafted for the purpose of defending his county town from an attack threatened by Col Tarlton [sic: Banastre Tarleton]. His officers were Capt. Charles Gwatkins and Col James Callaway. He was not kept under arms the whole of this tour but was subject to march at a moments warning, and had this exemption from constant duty from his officers. In this service he spent one other term of three months and until he was regularly discharged by his officers. This discharge has been mislaid and cannot now be produced by the affiant.
The whole time of this affiants service was nine months all of which was performed as a private soldier in the Virginia militia and during the war of the revolution. In the year 1786 this affiant moved from Bedford to the County of Bottetourt [sic: Botetourt] Virginia where he continued to reside till 1812 when he removed to the County of Kanawha where he has ever since resided. To establish his character for veracity he this affiant refers to James Cisson Esqr, Wm Wilson & Col Andrew Donnally who have been long acquainted with him and will, he believes, cheerfully give testimony to the character he has ever sustained.
This affiant is unable to produce any testimony from living witnesses of his services as above stated except the annexed affidavit of John Dawson which was sent with his former Declaration & returned & is herewith again sent – and the annexed affidavit of Walter Williams.
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 –
[signed] Rush Milam
NOTE: According to a typed summary in the file, official records confirmed that Milam was discharged from his first tour on 15 April 1781, and he was allowed a pension. It adds the following, however. “In 1835, upon investigation of his case by the U. S. District Attorney, it was found that the person who aided Rush Milam in making his application for pension in 1833, had been influenced by mercenary motives to augment statements contained therein in regard to the length of his service, and that this soldier was unable to prove length of service of three months subsequent to April 15, 1781. Six months’ service at least was required by the pension law, therefore his name was dropped from the pension roll in 1835.”