Miller to ransom the sloop; but I advised Major Miller not to ransom the sloop. The sloop went down the bay off against Lincolnville, and there stopped. Major Miller, myself and the supercargo of the sloop, went down to Lincolnville by land, and the sloep was waiting there. While we were there we fell in with two gentlemen, Major Philip Ulmer and John Wilson. I heard the supercargo, who said his name was McWaters, offer Ulmer and Wilson each one thousand dollars if they would advise Major Miller to give up the sloop. Soon after this, Major Miller and the supercargo went on board the sloop, and proceeded for Camden. I understood said sloop was the English sloop Mary. STATE OF MAINE, Waldo, ss: DAVID ALDEN. Personally appeared the above named David Alden, and made oath that the foregoing deposition, by him subscribed, is true. NOVEMBER 23, 1837. STATE OF MAINE, Waldo, ss: Before me, JOSEPH MILLER, I, Nathaniel M. Lowney, clerk of the judicial courts for the county of Waldo, certify that Joseph Miller is a magistrate in and for said county, and that the foregoing signature, purporting to be his, is genuine. I further certify, that the within-named David Alden, is well known to me; that he is a man of truth, and that his declarations on oath are entitled to credit. In testimony whereof, I have hereunto affixed the seal of the supreme judicial court of said State, and subscribed my name, this 24th [L. S. ] day of November, A. D., 1837. N. M. LOWNEY, Clerk of the courts for said county. No. 2. I, Charles Thomas, of Lincolnville, State of Maine, testify and say: That some time in the month of October, in the year 1814, Major Noah Miller, of Northport, came to me, and wished to hire a boat which I owned, for the purpose of cruising in Penobscot bay, in order to intercept and capture such English vessels as might be bound to Castine with supplies for the British troops which were then in possession of Castine. I declined hiring my boat to him unless I could go with the boat. Major Miller said he wanted to hire men to go with him, and he would hire me. Major Miller said he would give me two dollars per day for my services, and one dollar per day for the use of the boat. I agreed to go with him for that sum. I accordingly took my boat and went a cruising with Major Miller a number of days in Belfast and Penobscot bays. Not falling in with any English vessels, after cruising a number of days, I returned home to Lincolnville, and left my boat in the charge of Major Miller, who was the captain of our crew. In a few days after I returned home, Major Miller took my boat and went out in the bay off against Northport, and captured an English sloop, bound to Castine, with supplies for the troops, &c. After Major Miller captured the sloop, he returned my boat to me, and paid me for the use of it, and also for my services. I always thought that Major Miller acted as a private citizen in all his privateering expeditions against the British during the war, and that he acted in that capacity when he captured the English sloop Mary. I never heard a word said about Major Miller being a revenue officer at that time. CHARLES THOMAS. STATE OF MAINE, Waldo, ss: Personally appeared before me the above-named Charles Thomas, and made oath that the foregoing deposition, by him subscribed, is true. I further certify, that I am personally acquainted with the said Charles Thomas, and that his declarations, under oath, are entitled to credit. JOSEPH MILLER, Justice of the Peace. DECEMBER 9, 1837. STATE OF MAINE, Waldo county, ss: I, Nathaniel M. Lowney, clerk of the judicial courts for said county, certify that Joseph Miller is a magistrate for said county, and that the foregoing signature, purporting to be his, is genuine. In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the supreme judicial court of said State, this 15th day of December, in the year of our Lord 1837. N. M. LOWNEY, Clerk of the courts for said county. No. 3. J, Alfred Johnson, of Belfast, Maine, of lawful age, testify and say: That I resided in Belfast aforesaid during the late war between the United States and Great Britain, and was well acquainted with Major Noah Miller, of Northport, an adjoining town. Major Miller was a very active. officer of the militia, and signalized himself as an efficient partisan and a vigilant observer of the movements of the enemy in our vicinity; and it is my opinion that no one person in this quarter was oftener mentioned as a brave and useful friend of his country during that war. About one year, according to my best recollection, he was in the actual service of the United States as a captain of volunteers; and after the expiration of this service, it was understood-and I have no reason to doubt it-that he was in the revenue department of the Government-in what capacity, or whether officially or as a volunteer, I cannot say-and assisted to prevent an illicit intercourse with the enemy. He received a wound in a personal rencounter growing out of his said employment. During the war, he made a capture of a valuable vessel and cargo, attempting to introduce goods of the enemy into this country. And in doing this, it was at the time the general opinion that the said capture was made by him as a private citizen, at his own risk, responsibility and expense. STATE OF MAINE, Waldo, ss: ALFRED JOHNSON. Personally appeared the above-named Alfred Johnson, and made oath to the foregoing deposition, as truth. Before me, NOVEMBER 24, 1837. JOSEPH MILLER, Justice of the Pence. STATE OF MAINE, Waldo county, ss: I, Nathaniel M. Lowney, clerk of the courts for said county, certify that Joseph Miller is a magistrate for said county of Waldo, and that the foregoing signature, purporting to be his, is genuine. I further certify, that the within-named Alfred Johnson is well known to me; that he is judge of the court of probate for said county, and that his declarations, on oath, are entitled to credit. In testimony whereof, I have hereunto affixed the seal of the supreme judicial court of said State, and subscribed my name, this 24th day [L. S.] of November, in the year of our Lord 1837. N. M. LOWNEY, Clerk of the courts for said county. No. 4. I, William P. Preble, of Portland, in the State of Maine, depose and say: That in the month of November, A. D. 1814, Josiah Hook, collector of customs for the district of Penobscot, reported to me, at that time attorney of the United States for Maine district, the sloop Mary and cargo, as being then in his possession and custody, to the end that said vessel and cargo might be proceeded against, condemned, and confiscated to the United States. I accordingly drew a libel, and filed the same in the district court, setting forth the facts as reported to me by said Hook, the collector; and the property was afterwards, in due time, condemned and confiscated to the United States. The place where the Mary was captur ed and seized, it appeared was in Mr. Hook's district, and within the waters of the United States; and the property, by the then existing statutes, was liable to seizure and forfeiture, without regard to the fact of its being enemy's property. Hence, as well as I can remember, the collector claimed a right to take the property into his possession, and to receive and account with the Government for the proceeds. I further depose and say: That it was well understood and notorious that said Mary and cargo were, in fact, captured and seized by Major Noah Miller, who, having discovered the vessel from the shore, put off in a boat, with a small crew, and took possession of her, and brought her into Camden; and that the capture was wholly due to the activity and enterprise of said Miller and his assistants. I further depose: That I well remember it was understood at that time that said Miller met with a good deal of difficulty in securing the property after its capture, and that it was wholly owing to his active exertions, aided by his boatmen, that the property was removed to a place of safety; and that, if it had not been so removed, it would have been rescued by the enemy's armed forces then in the vicinity. I have since understood, and now fully believe, that said Miller, in making said capture, and securing said property, acted solely from his own promptings, and in no respect under the authority and instructions of Mr. Hook, the collector. And I further depose: That I well remember said Miller was in those days distinguished for his zeal and activity (after I knew him) in carrying on a partisan warfare against the enemy, and the contraband trade carried on with them in that quarter, while the British forces were in possession of Castine. WILLIAM P. PREBLE. CUMBERLAND, 88: Then personally appeared William Pitt Preble, and made oath that the foregoing stateinent, by him subscribed, is true, according to the best of his knowledge, recollection, and belief. Before me, JOHN L. MEGQUIER, AUGUST 18, 1837. No. 5. Justice of the Peace. Extract from the testimony of Philip Ulmer, taken in 1814, to be used, as is understood, in court, in the case of the Mary. Answer to the 3d interrogatory: The sloop Mary was taken in Penobscot bay, as I was informed, by Captain Miller, being English property. About two hours after her capture, the sloop was brought into Camden. Sailed under British colors. No resistance made. Seized by the revenue officers. There Answer to the 5th interrogatory: The sloop is about sixty tons. were six men on board, officer included, and a lady, the captain's wife. They all appeared to be English or Irish. The captain said he had lived in Halifax about ten years. I do not know when or where they came on board. Answer to the 32d interrogatory: I have stated all I know, except the conversation I had with Mr. McWaters, relative to a ransom, and the captain. After McWaters had offered Captain Miller £10,000 to ransom the vessel, and me £1,000 if I would not interfere to prevent the ransom, the captain then told me the property was all British; that they were but four days from Halifax, and that they were towed all the passage by the sloop-of-war Pelter. No. 6. WASHINGTON, June 24, 1842. GENTLEMEN; Having been requested, in behalf of Major Noah Miller, to communicate to your committee certain facts in relation to a capture made by him at a late period of the last war with Great Britain, which is the foundation of a claim on his part now under your consideration, I have the honor to state that I was the person who then held the office of district attorney for Maine. Immediately after Miller had made the capture, he found himself troubled by the pretensions of certain persons then in the military service, who seemed to have claims to a share of the prize, from the fact that the troops on shore were in sight. Major Miller was ignorant how to proceed with the property, or what to do with it. It was in imminent danger of recapture, if not removed, and he had no means of removing it, besides the risk of incurring a forfeiture. Under these circumstances, he applied for aid to the collector of the district. The collector accordingly took charge of the property, and had it removed, secured, and condemned. After condemnation, the proceeds were paid over to the collector, to be by him disposed of and accounted for according to law. I had understood that Miller was an officer of the customs at the time of the capture; and the date of his commission as inspector indicated the fact to be so. I learned afterwards that the commission was purposely ante-dated; and the fact was undoubtedly so. The act of the capture was an act of Miller's own devising and enterprise, unprompted by any one, and unaided by any one except his boat's crew. Miller continued afterwards in the United States service as inspector, and until our troubles of that period ceased, and was very active, vigilant, and enterprising; and no man did better service than he. He was the terror of smugglers and traders with the enemy. More than once he barely escaped with his life, so that it became necessary to caution him to be less venturesome and daring. With great respect, gentlemen, your obedient servant, The COMMITEE to whom is committed WILLIAM P. PREBLE. the petition of Noah Miller. No. 7. 1, Samuel A. Whitney, of Lincolnville, in the county of Waldo, and State of Maine, on oath, do say: That in the fall of 1814, while the British forces were at Castine, Major Noah Miller came on shore from a sloop then lying off this place, and informed me and others that he and others had taken possession of the aforenamed vessel; that she was an English vessel, bound from St. John's to Castine, laden with English goods; that they took her in Penobscot bay, within a few miles of Castine, and wanted to get Major Philip Ulmer to go with him on board, to take charge of her, to take her into some place of safety, (Major Ulmer being a custom-house officer, seaman, and pilot ;) that the said Ulmer did go on board with said Miller, and took said vessel into the harbor of Camden, and immediately landed the goods, and caused them to be transported overland to the town. of Warren, for safety; that the next day an English frigate went from Castine, anchored off Camden, and sent in a demand for the goods; and Camdenad to give up hostages, to prevent damage being done to the town, which were carried off. I further say, that Christina, wife of Paul H. Stevens, esq., Susan, wife of Samuel Buckmer, and Grace, wife of Job White, are the daughters and heirs-at-law of the aforesaid Philip Ulmer, deceased. WALDO, SS: SAMUEL A. WHITNEY. Then personally appeared the above-named Samuel A. Whitney, and made oath to the truth of the above deposition, by him subscribed. Before me. DECEMBER 3, 1838. No. 8. JACOB S. ADAMS, J.P. THOMASTON, MAINE, December 3, 1841. MY DEAR SIR: In behalf of a very worthy but unfortunate man, allow me to call your attention to the claim of Noah Miller. It is desirable that |