Capt. Henry Miller


Various Document extracts and emails concerning Captain Miller of the 40th Regiment of Foot
modified 18 Dec 2013
 If you can fill any gaps please email me.
 
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from an article by 
FWS Cumbrae-Stewart, Brisbane Courier 28 April 1923
There were three Regiments of the line serving in Australia a hundred years ago. These were the 48th, now the 1st Battalion, the Northamptonshire Regiment, which came out in 1817; the 3rd Buffs, now "The East Kent Regiment , which came out in 1823; the 40th, now the South Lancashire Regiment, which followed soon after. The custom in those days was to send out the regiments in detachments as guards in the transports bringing convicts, and finally the colonel and headquarters staff. 
Major, afterwards Lieut-Colonel Morrisett, of the 48th, left descendants who were afterwards well known in Queensland. Lieut Stirling, of the Buffs was with Oxley when the Brisbane River was discovered, and from the 40th came the first commandant at Moreton Bay.
Sir Thomas Brisbane had laid down that only married officers with families were to be sent as commandants of the out settlements, and when it became necessary to send a commandant to Moreton Bay his choice fell upon Lieut Henry Miller. Promotion was slow in those days, for our first commandant was 38 years of age, having been born in 1785. He belonged to Londonderry, where his father was a clergyman. His brother Mr Joseph Miller, was Mayor of Londonderry on five different occasions. His nephew, Sir William Miller, was mayor about 40 years ago.
He entered the army at an early age, being gazetted as an ensign in the 40th in 1799, when only 14. He married some ten years later, his eldest son Henry, being born on December 30, 1809, at Londonderry.
At that time the 40th were with Wellington on the Peninsular. The great battle of Talavera had been fought the previous July. "This battle" says Jomini, "recovered the glory of the successes of Marlborough, which for a century had declined. It was felt that the English infantry could contend with the best in Europe." Wellington won his peerage at Talaveres and the 40th carries the name of the victory on its colours. Miller was with his regiment when, on September 27, 1810, Wellington fought the battle of Busace to secure his retreat to his "laboured rampart lines" at Torres Vedras.
When the Iron Duke opened his campaign of 1812, by taking Cindad Rodrigo, Miller took part in the assault which cost us 90 officers and 1200 men. Three months later Badajos was taken by storm. This was the most bloody of all the struggles of the war, and cost us 5000 in killed and wounded. Assault after assault had failed. In two hours 2000 men had of a Forlorn Hope, and was severely wounded.
The 40th were with Wellington in his victorious advance. Its battle honours include Salamanca, Vittoria, Pyrenees, Nivelle, Orthes, and Toulouse. The fall of Napoleon left Great Britain free to turn her attention to the United States, and Miller crossed the Atlantic with the 40th. He was at the unsuccessful attack on New Orleans on January 8, 1815, when the commanding officer, Sir E. Pakenham, was killed. He was back again in Europe in time to be present at Waterloo which sealed the fate of Napoleon, and incidentally, of Australia, too for it left Great Britain without a serious rival and in possession of a great colonial empire.
Miller's last fight was Waterloo. He was given the Peninsular medal, with clasps for Busaco, Badajos and Ciudad Rodrigo, and the Waterloo medal. These decorations are in the possession of his family in Melbourne. After Waterloo the 40th formed part of the army of occupation, and Lieut. Miller was joined by his wife and family in Paris. From France the 40th went to Glasgow and in March 1823 the regiment was ordered to go to New South Wales. Lieut. Miller and his family came out with one of the detachments, and on October 27,1824, the Mayles arrived with Colonel Thornton and the headquarters of the regiment. By that date Lieut. Miller was in charge at Moreton Bay, having come up from Sydney in the brig Amity a couple of months earlier. His appointment as commandant is dated September 12, 1824.
It would be hard to imagine a more desolate and forsaken spot than that upon which Mrs. Miller found herself and her young family. She was many miles up a river in a savage land. The only tie with civilisation was the rare arrival of a ship from Sydney in Moreton Bay, for no ship in that time had ever entered the Brisbane River. There were no buildings, except huts, and no other women except the soldiers' wives on the strength of the regiment. It was in these surroundings that Mrs Miller gave birth to a son, who was afterwards christened Charles Morton Miller. It is confidently believed that he was the first white child born at Moreton Bay, and therefore the first Queenslander. He is no longer living but his widow still survives at the great age of 96, and his son, Mr. Charles Miller, of Ballarat, hopes to be present at the centenary celebrations.
Lieut. Miller was at Moreton Bay for about 18 months. He was then succeeded by Captain Bishop, also of the 40th, and returned to Sydney. From thence he went to Van Diemen's Land, and when, in 1828, the regiment went to India, Captain Miller, as he had then become, remained behind in an appointment connected with the commissariat. He lived at Hobart in a house facing the Glebe, which was standing a few years ago, and may, perhaps, still be there.
His eldest son, Henry, who was a lad of 15 when his father was at Moreton Bay, entered the Audit Office in Hobart, but left to go to the new settlement at Port Phillip. There he soon established himself. On December 30, 1840 Mrs. Miller died at Hobart, aged 53, and on August 23, 1842, Captain Miller married again. His second wife was a Miss McQueen, of New Norfolk, Van Diemen's Land. He died at Hobart on January 10, 1866. The second Mrs. Miller died in 1891, and is buried at Hobart with her son, Ernest George Miller, who died in 1887, aged 37 years.
Captain Miller's eldest son, Henry Miller, rose with the settlement on the Yarra and saw it grow from a few huts to be the noblest city south of the Line. His fortunes grew with the city. The Bank of Victoria and the Victoria Insurance Company owed their existence to him, and when he died on February 7, 1888, he left sons and grandsons to carry on the memory of our first commandant. Sir Edward Miller, Albert Miller, and Septimus Miller are household words in Victoria. Captain Miller's grave at Hobart in course of time fell into disrepair. A new gravestone has recently been erected by the family.

Note
Both headstones were removed from Campbell Street to the Cornelian Bay Cemetery in 1940.

 

extract from "BRISBANE TOWN in Convict Days 1824-1842"
by J. G. Steele
THE COMMANDANT IS DISMISSED
      ....Lieutenant Henry Miller was replaced by Captain Peter Bishop in August 1825. This was a great disappointment to Miller, who had worked very hard against great odds. As he pointed out in his letter to Balfour (reproduced below), the fact that progress at Redcliffe and Brisbane Town had been slow was not primarily his fault. The letter gives the best account available of the life of the settlement under Miller's command but unfortunately Miller, in his attempt to clear himself of any blame tried to shift the blame for the choice of the Redcliffe site onto Oxley; this was unfair, as originally Miller had tried to share the credit for the choice. The real reason for his dismissal may well have been, as Miller suggested, to cover the mistakes of others; yet Miller certainly made mistakes of his own. The postscript to his letter reveals that there were irregularities in the management of the stores; and it has already been pointed out that Miller seems to have established Brisbane Town much further up the river than intended by the Governor. The fact that the Governor ignored Miller's appeal against his dismissal reflects no credit on the Governor, but it should be borne in mind that at this very time Sir Thomas Brisbane's own position as Governor was being threatened and he was consequently under great personal strain...

Letter
(Lieutenant Miller to :Lieutenant-Colonel Balfour) (Tasmanian State Archives, Ref. C.S.O.1/371/8476)

Hobart Town April 25th 1826
Sir,
I have the honour of addressing you, for the purpose of requesting you to recommend me to His Excellency the Lieutenant-Governor for the Commandantship of Macquarie Harbour as I have been given to understand it is his intention to recall Captain Butler. Lest my having been superseded by Captain Bishop in the command at Morton Bay should lead you to conclude me unfit for such a situation, I consider it incumbent in justice to myself to lay the following statement before you which, if necessary, I can prove for your satisfaction. In August 1824 I was appointed to form a Penal Settlement at Morton Bay and arrived there in September; my written instructions received from Sir Thomas Brisbane, directed me, first to build huts for the soldiers and prisoners, then, a Store House, Guard House and jail and those completed to clear one hundred acres of land for the reception of Maize. To carry these instructions into effect only 29 prisoners and one Overseer were put under my command - the Overseer was dissatisfied with his salary and allowances and returned immediately to Sydney. At once I perceived the hands afforded me were wholly inadequate to accomplish such purposes, but being quite confident that reinforcements would soon as a matter of course follow me, and determining that nothing on my part should be wanting that the most strenuous personal exertion could supply, I became at once Commandant, Superintendent, and Overseer; nothing was undertaken that I did not plan, nothing was carried on that I did not inspect, literally, under a burning sun earning my bread in the sweat of my brow; I passed toilsome and miserable days, anxious and restless nights, and underwent privations, difficulties and hardships greater than any I had been called upon to sustain during years of actual service

The situation selected by the person appointee by Government for that express purpose as a site for the Settlement proved on trial, in every respect ineligible, the ground was light, sandy and sterile, no timber fit for building was in its neighbourhood, and the very grass for thatch (as a substitute for shingles) I had to send miles for; while, so limited was our supply of water, that I found myself obliged in the midst of all the other press of business to have recourse to the expedient of sinking a regular well. In the latter end of November 1824, Sir Thomas Brisbane visited Morton Bay, and expressed himself satisfied with what I had done; he also observed that in all probability he would have the settlement removed, but said nothing decisive on the subject. Early in December 1824, the very small stock of Medicines sent with us was completely exhausted, and sickness attacked the Prisoners; nor till the month of August 1825 was there any medicines, of any description forwarded to the Settlement, though I applied for them to Head Quarters whenever opportunity offered, which indeed was seldom, as a continued period of five months has been suffered to elapse, without any vessel being sent to our relief ' the consequence of which was, that I have been frequently reduced to nine, ten, eleven, or twelve men, per day to carry into effect plans which would have required at least one hundred, and during the whole of the time I was Commandant, there were but seven prisoners sent as reinforcements, two of whom I was directed, "to have instructed in the duties of Overseers" although there was no person on the Settlement capable of so doing. I had also to labour under the vast disadvantage of not knowing the Government tasks for the different kinds of Work; I repeatedly applied for a list of them, but was never supplied with it.

On my arrival at Morton Bay, it was one of my first cares to have a quantity of Garden seeds and Potatoes put into the ground, knowing how important it would be to have a supply of vegetables, but, owing to the advanced period of the season, the extreme badness of the soil, the want of manure, and the scorching heat of the sun, some of those seeds never vegetated and the remainder after making a sickly appearance for a short time withered away, though I had them carefully watered every evening. .When the cool season set in, and manure had accumulated, I succeeded in rearing a few vegetables which were distributed amongst the sick and others on the Settlement. In April 1825 I received orders from Government to abandon the Settlement, and form another at the distance of twenty seven miles; this I accomplished; though the difficulties of the task, situated as I then was, with my original few wasted and enfeebled by sickness, were so many, and so great, that none but an eye-witness could, in the least form an idea of them, and it would swell this statement beyond all limits were I even to attempt their description. A short time after this removal was effected so little were our wants attended to, that our supply of flour totally failed; and at a crisis when wholesome food was particularly and indispensably necessary to preserve the few who were able to work in health, and to establish the convalescent, we found ourselves reduced to the necessity of living on salt meat, and field pease, the baneful effects of which soon became deplorably visible, and in the midst of all this suffering, in the month of August 1825 to my unspeakable astonishment Captain Bishop arrived to displace me in the Command and I was officially informed that Sir Thomas Brisbane had taken this step "in consequence of the little exertion manifested by me in the duties of the appointment." In those general terms was this communication expressed nor up to this hour have I been able to discover wherein this alleged want of exertion on my part consisted but have had to submit to the severe infliction of being condemned unheard and uninformed of any one error and I hope I may be permitted to say when exculpating myself that it is my confident belief that I was removed to cover the mistakes of others and here Sir I beg most respectfully to appeal to you, is it in the least probable that I would remain inactive or supine when expressly informed in my written instructions that any emolument I might expect to reap the second year must arise entirely from the prisoners I could ration by the produce of the settlement.

On my arrival in Sydney, I waited on Sir Thomas Brisbane, and requested that it my conduct during the time of my being Commandant appeared to him in any degree incorrect, that he would order the strictest investigation into it; I also delivered to him a voluminous written statement (of which this is partly the substance) but to neither my request or statement, did I ever receive any answer. I then considered it my duty in justice to my family to Memorial to be appointed to the vacant Engineer ship at Morton Bay, and received a verbal answer by Mr Stirling then acting as Sir Thomas Brisbane's Aid-de-Camp that he did not consider it delicate to his successor to make new appointments on the eve of his departure. This answer Mr Stirling repeated at my request and in my presence, to Colonel Dumaresq as I considered it necessary that that gentleman should be informed it was from no personal objection to me Sir Thomas declined appointing me to that situation. I have now Sir most earnestly to apologise for trespassing on your time by the length of this statement which I found impossible to shorten consistent with clearness, and I trust that should any vague rumour have reached you to my prejudice, it will be successful in removing it.

I have, etc, Henry Miller

With respect to the Engineer's Stores which were missing at Morton Bay I shall have the honour of laying before you for your information the substance of a Memorial I forwarded to Sir Thomas Brisbane on the subject with the least possible delay. 


A Brief History of the 40th Regiment
In 1717 England had four independent companies garrisoned in Newfoundland and another four at Annapolis Royal in Nova Scotia. These eight companies were ordered to form a Regiment at Nova Scotia in that year under the command of Colonel Richard Phillips, the Governor of that colony. The 40th Regiment was born, but as common at this period Regiments were known by their Commanding Officer, and in this case, "Phillips Regiment of Foot", - later Cornwallis'. From 1717 to 1743, Phillips Regiment was mainly garrisoned at Annapolis, Placentia and Canso protecting the settlers from indian raids and French build up in the area. When war was declared against France in 1744, Phillips Reg't held the attack at Annapolis but fell at Canso, but the following year Nova Scotia was saved 1751, and by Royal Command Phillips Reg't, (now Cornwallis') was to be known as the "40th Regiment of Foot". In 1755, the 40th took part in the defeat of Fort Beausejour, and drove the French out of Nova Scotia. In 1758 with Britain in its final struggle with France over the sovereigncy of Canada, the Grenadiers of the 40th formed part of General Wolfe's famous "Louisburg Grenadiers" which captured Louisburg under his personal leading. At a later date Flank Companies of the Reg't were present with Wolfe at the taking of Quebec, and the Reg't took part at the surrender of Montreal whereby Canada became a British Colony. In 1761 the 40th moved from Canada to the West Indies to take the French outpost of Martinique, followed by Cuba and in June beseiged Havana after Spain declared war on England. This war ended in early 1763 and the 40th Reg't arrived in the British Isle in 1765, 48 years after its formation. With America embroiled in its War of Independance with Britain, the 40th arrived in Boston in 1775 ready for active service. The Regiment earned high praise for its conduct in the war. In 1778 the 40th left America for the West Indies but returned to New York in September, 1781. In 1782 the 40th was given the distinction of a county title, and was to be known as "The 40th Regiment 2nd Somersetshire". The 40th returned to England in 1783 after the peace treaty of Versailles. Between the years 1793 and 1799, the Reg't was active against the French in Holland and St Vincent, and garrison duty at Gibraltar, Minorca and Malta. In 1800 the 40th was part of the force at the landing at Abourkir Bay near Alexandria, Egypt, and the Flank companies distinguished themselves so well that they were granted the distinction of wearing the "Sphinx-superscibed Egypt". In 1807 the Reg't took part in a short campaign in South America where the 40th earned the battle honour "Montevideo" and from Sth America the 40th sailed to Portugal for the start of the Peninsula War. Here the British under Wellington fought Napoleons army for six weary years and eventually drove them from Portugal through Spain and back into France. The 40th Reg't earned thirteen hard fought battle honours from "Rolica to Toulouse". The 40th returned to England in 1814, but were soon back in Europe again where at Waterloo the fate of Napoleon was finally decided. For their steadfastness and discipline on this day the 40th were awarded the battle honour "Waterloo" and permitted to encircle their badge with a laurel wreath. In 1824 the 40th Reg't arrived in Australia for its first tour of garrison duty with most of the reg't in Tasmania and one company in N.S.W. The Regiment left Australia for India in 1829. Because of uprisings in Afghanistan, the 40th was part of a field force ordered to Candahar in 1841. After taking part in numerous actions against the rebels, the field force started its return to India in August 1842, via Ghuznee, Cabool and the Kyber Pass fighting rebels all the way, and on the 23rd of December,1842, crossed the Sutlej into India. All regiments that took part were awarded the battle honours "Candahar - Ghuznee - Cabool 1842" and a silver medal with the above inscribed. In December 1843, the 40th, with other British and Indian troops took part in a heavy action against rebels near the village of Maharajpoor, for which they were awarded the battle honour "Maharajpoor" and a medal (the Indian Star). The 40th sailed for England in 1845 and served on garrison duty in England and Ireland. 1852, the 40th moved from their post at Templemore to Cork ready to embark for Australia for their second tour of duty there. On the 12th July, the Reg't under the command of Lt Col T.J. Valiant embarked on H.M Steam Ship Vulcan and sailed on the 15th, arriving in Hobsons Bay, Port Phillip on the 19th October, disembarked at Melbourne on the 4th and 5th November. The 40th was to garrison Melbourne and all the major gold towns in Victoria. The most notable incident of their stay being the Eureka Stockade incident on the 3rd December 1854, where the 40th and the 12th regiments with local police attacked a stockade manned by armed miners. The 40th lost two dead, including Captain H.C. Wise, and about six wounded. The regiment left Australia in 1860 for New Zealand for the Maori War. They returned to England in 1866, and after various postings they went to Ireland untill 1872, when once again the 40th was posted to India. In 1881, the 82nd Regiment -(Prince of Wales' Volunteers) was grouped with the 40th and became 1st and 2nd battalions of the "South Lancashire Regiment (Prince of Wales' Volunteers)". The first war of importance after 1881 was the South African War of 1889-1902, which the 1st battalion "the old 40th" took part. From Sth Africa the 1st battalion sailed back to India where they stayed right through the 1914-1918 war doing great service for King and Country. The 1st battalion went to France in 1939, and returned to England via Dunkirk. The South Lancashire was one of two assault battalions who landed first on the beaches of Normandy on D.Day. When the war ended in 1945, the 1st battalion sailed from France to the Middle East, and returned to England in 1947. In 1948 at a ceremony held at Trieste, the 1st and 2nd battalions of the regiment were amalgamated to form the 1st battalion South Lancashire Regiment (Prince of Wales' Volunteers. In Hong Kong on the 1st of July 1958, the Sth Lancashire reg't amalgamated with the East Lancashire reg't to become the Lancashire Regiment (PWV), then again in 1970, the Lancashire Reg't amalgamated with the Loyal Regiment, North Lancashire, to become the "Queens Lancashire Regiment". Their present Regimental Headquarters is Fulwood Barracks in Preston, and their Regimental Museum is at Peninsula Barracks, Warrington. Here also is the Parish Church of St Elphin where many of the old Colours are laid up, including the Colours that were brought to Australia in 1852.. This then is the short history of the old 40th Regiment.

Various Directory Entries
Miller Sir Francis Henry 3rd son of the late William Miller M.D. of Termonbacca House, Braehead Londonderry: b. 1865; Ed at Foyle Coll. Londonderry; admitted a Solicitor 1888 ; appointed Town Clerk and Law Officer Londonderry 1901 and 1902: m 1890 Maud Mary, el da. of the late Frederick Meredith of Croydon ; cr Knt 1902. Augenish, Buncrana, co. Donegal; Consitutional Club

Miller Sir William M.D. son of Joseph Ewing Miller, Esq., M.D., J.P. for Londonderry ; b1827 ; ed. at Trin. Coll., Dublin (B.A. 1850, M.B. 1853) ; L.R.C.S. Ireland 1853; formerly Assist House Surg. of Liverpool N. Dispensary; is Surg. of Londonderry Infirmary. Surg.-Major.-Londonderry Militia, Physician to Londonderry City Fever Hospital, an Alderman and a J.P. of Londonderry.

1846 Londonderry Directory, Gentry & Clergy, Miller, Rev John H. AM Principle Foyle College


An Email from Rod Pratt
Research: Subject: Re: Capt Henry Millar
Date: Sat, 13 Mar 1999 22:10:15 +1100 (EST)

Dear Peter,
Below is given by bio file of Millar copied directly from one of my databases. Unfortunately, it contains many abbreviations (some self-explanatory, some not) which is the extent of my information on this officer.......................

Millar, Henry 40th
McKernan:- "Joined the 40th Regt 1810, fought in the Peninsular war and as a Lt at Waterloo, became a Capt in 1827. With surveyor Robert Hoddle (who laid out the City of Melbourne in 1837) and 30 volunteer convicts, sent to MB. He was apparently married and his wife died in 1841 at Hobart. On 20th August 1842 by special licence at the residence of Stephen Coombs of Collins St Hobart by the Rev Mr Bell, Presbyerian minister, Capt Miller late of the 40th aged 65yrs married to Miss McQueen of New Norfolk aged 17yrs. His grand daughter, Charlotte, married on 17 DEC 1872 to HON Henry John Wrixon of Raheen, Studley Park Road, Kew, Victoria. He was born c.1777". (see A2.01f011,A2.01f007,A2.01f008,
PRO WO27/166:- Lt Henry Millar (Ireland) aged 35 (in 1826) 1st commissioned 7 Jan 1808. Acting Ordnance Storekeeper at Hobart in June 1826. Capt R.H. Raymond Smythies Historical records of the 40th (2nd Somersetshire) Regiment, now 1st Battalion the Prince of Wale's Volunteers (South Lancashire Regiment) from its formartion, in 1717, to 1893.
A.H.Swiss, Devonport: 1894. p.219 "Lt Henry Millar (Waterloo Veteran) first
commissioned 5 Sept 1810.p.221 "On 16th February 1826 a detachment, under Lt
Millar, arrived from Sydney, but there were still several..."
Army List (1825):- Lt 5 Sep 1810
Harts Army List (1826):- (Waterloo veteran) rank attained in Regt 5 Sept 1810
See:- John St Pierre Moreton Bay detachment , 1824-1825 Redcliffe Historical
Society, [Recliffe?]: 1994. pp.27-37
>From Col Sec index 1788-1825:-
24 Dec 1823 member of board of survey reporting on the precise quantity of
each sort of coin in the military chest (reel 6059, 4/1773 p.133),
24,27 Aug 1824 instructions for establishment of settlement at MB (Reel
6013, 4/3512 p.275 & reel 6019 4/3794 pp.1-6)
27 Aug 1824 salaries, rations treatment of convicts, & establishment at MB
(Reel 6013 4/3512 pp.276-180)
30 Sep 1824 arrived & selected site for the settlement, vessel being
unloaded & stores required (reel 6066 4/1803 pp.9-15) reply 29 Oct 1824
(reel 6019 4/3794 p.7)
29 Oct 1824 supply of stores and grain (reel 6013 4/3512 p.627)
6 Apr 1825 despatch of Wm Woods per "Henry" to MB to be employed in the
commissariat (reel 6014 4/3514 p.486 & reel 6019 4/3794 p.9)
17 Jul 1825 women permitted to accompany husbands to MB (reel 6019 4/3794 p.10)
28 Jul 1825 prisoners embarked on the "Lalla Rookh" for MB (reel 6019 4/3794 p.11)
10 Aug 1825 wreck of the "Royal Charlotte" (reel 6063 4/1784 p.220)
21 Oct 1825 certification of an extract from his instructions (reel 6066 4/1803 p.33)
26 Oct 1825 order on the colonial treasurer for salary as commandant at MB (reel 6070 4/6037 p.60)
Waterloo roll call:-  joined 40th 5 Sep 1810 " Capt 25 Jun 1827, Serving in 1830"
Archives Office of TAS (AOT) LSD 1/92 p.6:- Return of the Lands selected by Officers of the Army.....Survey Dept 8 Oct 1835
Henry Miller, late Capt 40th Regt, 19 OCT 1835, date of selection 5 OCT 1835, amount of remission entitled to £200, number of acres equivalent to remission =800.
By whom ordered, Lt-Gov Arthur 31 Aug 1835, District Rubicon, Devonshire
"Bounded on the north by part of the location to Capt M.L. Smith, on the
east by the River Rubicon, on the south by Lot 55 located to Lt Corbett (or
part thereof) & on the West by a line perpendicular with the south boundary
of Capt Smith's location before mentioned comprising Lot 50 (640 acres) &
160 acres of Lot 51. Surveyor-Gen's remarks- there is no objection, approved
Lt-Gov.
AOT NS 52/41 (Wolfgang papers) Deed of conveyance to Lt Henry Miller. "This
indenture, made the 21st day of Oct 1826 between Bartholomew Broughton of
New Town VDL gentleman of the one part & Henry Miller of HM 40th Regt a Lt
now stationed in Hobart Town VDL" BB wishes to sell to Miller for £200 "all
that allotment piece or parcel of ground & dwelling house situate in
Campbell street, Hobart Town aforesaid now in the actual possession of
BB"...


Will
This is the Last Will and Testament of me Henry Miller of Hobart Town in Tasmania Esquire (formerly a Captain in Her Majesty’s Fortieth Regiment of Infantry).
 I Appoint Nigel Gresley of Hobart town aforesaid Esquire William Veal Morriss of the same place Esquire and Charles Morton Abbott Clerk in the Bank of Van Dieman’s Land Executors of this my will I …… my just debts funeral and ……… expenses to be fully paid I bequeath the whole of my household furniture books china glass plate and all other my personnel affects which shall be in and about my dwelling house at the time of my decease to my wife Elizabeth Ann absolutely I bequeath to my wife the yearly sum of one hundred pounds during her life to be paid to her by my Executors out of the income arising from the Investment of my Estate half yearly to and for her sole and separate use and I direct and declare that her receipt alone (whither covert or sole) shall be a discharge for the same I direct that my Executors lay out and expend any sum of money not exceeding the annual sum of one hundred and fifty pounds in and towards the maintenance education and support of my son Ernest George during his minority (such annual sum to be paid out of the income arising as aforesaid).
 I bequeath to my son Henry the sum of Five pounds as a slight token of my affection ……. and esteem which sum I hope he may lay out in the purchase of a mourning ring or other memento (the amount of this legacy is occasioned by the …. of the Legatee being in affluent circumstances). I bequeath to my son Mars Morphett the sum of Five hundred pounds and to my son Charles Moton the sum of four hundred pounds this sum I wish to be paid over to my said son Henry to be by him invested on behalf of my said son Charles Morton and the interest ….. arising by such investment to be paid by him to my said son Charles Morton during his life annually and after his decease the said sum of four hundred pounds to be disposed of on my said son Charles Morton shall by his Will direct but if my said son Henry shall decline to receive and invest the said sum of four hundred pounds as aforesaid then I direct my Executors to hold and invest the same in their discretion in and upon the purpose and interests hereinbefore contained concerning the samr I direct the …. ……… of five hundred …. four hundred …. do hereinbefore  bequeathed to be paid at or before the expiration of three years from my decease and ………. my Executors to sell  a sufficient portion of my personnel Estate to enable them to pay …. ……… hereinbefore bequeathed I bequeath all the residue of my property and …. unto my said son Ernest George absolutely but not to be paid over to him until he attains the age of twenty one years I direct my Executors to invest any surplus of the income of my Estate during the minority of my said son Ernest George for his benefit in the sole discretion of my Executors I direct my Executors to continue the present investments of my Estate so long as they can do so and if by any reason any of such investment should fall on or be paid up I authorise my Executors to invest the same from time to time upon such activities as they in their discretion shall think advisable  … however for them to alter and vary any such investment in their sole discretion … … … ….. ….. on one or Mortgagee or Trustee to my said Executors subject to the Executors affecting the same I direct that the receipt of my said Executors for such monies and …….. as shall be paid or transferred to them by virtue of this my Will shall efectually discharge the persons paying or transferring the same from liability to … to the application thereof And I declare that my said Executors shall be ……….. for their own respective acts and take the only and shall be at liberty to retain and allow to each other out of the monies coming to their hands by virtue of this my Will all expenses incurred in ……….. the Trusts thereof I hereby revoke all former Wills by me at any time made I appoint my said wife guardian of my said son Earnest George and my desire is that they reside together during the minority of my said son and in the event of the death of my said wife during such minority I appoint my Executors as his guardians ….. whereof I have hereunder by my hand this sixth day of November in the year of our Lord One Thousand eight hundred and sixty three H Miller. Signed by the said testator Henry Miller esquire and for …. Will and Testament in the presence of … present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses Sam Crisp ….. …. Sarah Turner.


This is the first Codicil to the above written Will of me the above named Henry Miller I … all my real Estate to my said son Ernest George absolutely Witness my hand this tenth day of November One thousand eight hundred and sixty three H Miller Signed in the presence of the Testator who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses Sam Crisp Jr, Sarah Turner.


This is the second Codicil to the above written Will of me the above named Henry Miller. I increase the Legacy to my wife to the sum of One Hundred and forty pounds and the annual sum to my son Ernest George during minority to the sum of Two hundred pounds Witness my hand this fifth day of September One thousand eight hundred and sixty four H Miller. Signed in the presence of us present at the same time in the presence of the Testator at his request and in the presence of each other Sam Crisp Jr, Sarah Turner.


(Deceased died 10 January 1866)
transcribed by ....

 
extracts from two very interesting emails from John Steele
From: "John Steele" 
To: Peter Andrews
Subject: Captain Henry Miller 
Date: Sun, 05 Jan 2003 21:21:59 +1000 

Dear Peter Andrews,

I came across your website today, ..... I think you may be interested in a few remarks about 
Captain Henry Miller.

You will have known of me as the author of the book "Brisbane Town in Convict Days 1824-1842" (1975).........

The main reason for this message is to let you know that the gravestones referred to by Cumbrae-Stewart exist in the Cornelian Bay Cemetery, Hobart. 

The stone that marked the grave of Captain Henry Miller and his first wife Jane was originally in the Campbell Street cemetery and was renewed about 1923 (as stated by Cumbrae-Stewart), but in 1940 it was relocated to Cornelian Bay.  It is in Section X, plot 10, reference 14365.  The stone is still standing but it has weathered since 1940; fortunately a 
great-great granddaughter of Captain Miller has given me a photograph showing the inscription clearly.
The monument to Ernest John Miller and his mother Elizabeth Anne Miller is in Section H, plot 80, reference 6238.  A white marble structure inscribed on its base, it was surmounted by a cross.  I also have a good photograph showing the inscription. Unfortunately the cross now lies on the ground and may have been removed.

Further, there is a memorial plaque to Elizabeth Anne Miller high on the wall of the North transept of St David's Cathedral.

My search for the monuments in 1994 was featured in the Hobart Mercury, and some Millers contacted me as a result.

If you decide to include some of this information in your Miller web page I hope that some Miller descendants in the south may be inspired to restore these monuments.

Please let me know if you would like further information such as the 
inscriptions.  I can also put you in touch with ........John St Pierre, the author of the book "Moreton Bay Detachment 
1824-25", published in 1994 by the Redcliffe Historical Society.

With best wishes,

John Steele

----------------------------------------------------

From: "John Steele" 
Subject: Re: Captain Henry Miller 
Date: Tue, 07 Jan 2003 09:41:07 +1000 

Dear Peter,

The gravestone inscriptions, from photographs dated 1940  are:

SACRED
TO THE MEMORY OF
Capt HENRY MILLER
H.M. 40th Regt.
Died January 10th, 1866,
Aged 82 Years.
and of JANE his wife
Died December 30th, 1840,
Aged 53 Years.

IN LOVING MEMORY OF
ERNEST GEORGE MILLER,
DIED 31ST MARCH 1887 AGED 37 YEARS
ALSO
ELIZABETH ANNE MILLER
MOTHER OF THE ABOVE
DIED 14TH OCTOBER 1891 AGED 66 YEARS
BLESSED ARE THE PURE IN HEART

.....  The receipt records that both headstones were removed from (C)Vampbell Street to the Cornelian Bay Cemetery on 
January 30, 1940.

I did not record the exact wording on the plaque in St David's Cathedral, but it specifies that Elizabeth Anne Miller, born 25 February 1825, died 14 October 1891, was a much-loved Sunday School teacher for most of her life.

Henry Miller's entry in the Holy Trinity Parish Burial Register (seen by me on microfilm NS 349/29-30 at the Archives of Tasmania) is: 4377  Henry Miller, abode Campbell Street, buried 12 January 1866, aged 82. 
Formerly Captain in H.M. 40th Regiment.  Ceremony performed by W.W.F. Murray.........

Best wishes,
John

 


Peter,

There is one omission on your chart showing the descendants of Capt.
Henry Miller.

There is another son [a brother to Charles Morton] and my wife's
connection to Capt. Miller.

Mars Morphett MILLER was born in 1818 in Paris, France. Mars married in
1842 to Sarah Charlotte FLEMING in Oatlands, Tasmania. They had 8 children
in Melbourne where Mars died at the age of 77 in 1895 at Clifton Hill.

A Death notice for Charles Morton MILLER in the Hobart Mercury Monday
20 Sept 1897 states that Charles was the third son of Capt. Miller. The
text of the notice is

Miller,- On September 11 (suddenly, of paralysis), at the residence of
his son-in-law, "Grandview," Tivoli-road, South Yarra, Charles Morton,
third son of Captain Henry Miller, of the 40th Regiment, late of Hobart, aged 75
years.

You also note that Capt. Miller's wife's name was Jane MORPETH when the
Victoria Federation Index lists the mother of both Mars and Charles as
Jane MORPHETT. Obviously where Mars got his second name from.

Hope this is of interest.

Regards

Darryl

Peter,

I have been comparing the list of Mars children that you have on your web site, with the list I scanned and sent to you, and the list from my wife's aunt and came up with the following.

My search came up with eight children from the marriage according to the Historical Index I have obtained on the internet. All the entries list the father as Mars Morphett and the mother as Sarah Charlotte, they were:

  1. Mars MILLER born 1843 at ????? [a year after they were married]
  2. Henry MILLER born 1844 at ????
  3. David MILLER born 1846 at ????
  4. John Miller born 1848 at Melbourne VIC
  5. Joseph Septimus MILLER born 1855 at Melbourne VIC and died at age 6 in 1861
  6. Jonathan Alfred MILLER born 1859 at Brunswick VIC
  7. Caleb MILLER born 1861 at Brunswick VIC
  8. Ellen Clementina MILLER born 1869 at Brunswick VIC.

Your web site has the following list of children for Mars and Sarah:

    1. John MILLER born 1845 at VIC. [The birth date for John above is 1848?]
    2. Mary Victoria MILLER born 1853 at VIC.
    3. Joseph Septimus MILLER born 1855 at VIC died 1861
    4. Samuel MILLER born 1857 VIC
    5. Alfred MILLER born 1859 died 1861 at VIC
    6. Caleb MILLER born 1861 at VIC
    7. Theresa Jane MILLER born 1862 VIC
    8. Wesley Montague MILLER born 1864 died 1866 VIC
    9. Charles Mintagu MILLER born 1866 died 1885
    10. Ellen Clementina MILLER born 1869 VIC

My wife's aunt lists of Mars and Sarah’s/Charlotte’s [we have a discrepancy between the first name written in an old bible for Mars wife and her registered name] children as:

    1. Charles
    2. Mary
    3. Teresa Jane [Mrs. Boundy]
    4. Ellen [Mrs. Goodwin]
    5. Monty [D’csd]

I think its highly likely that all the lists are correct and should be combined as there are large ‘gaps’ in both lists that could be filled in by combining if one assumes that children were conceived every year or so. If I do that we get a list of 13 children, not uncommon in those days, as follows:

  1. Mars MILLER born 1843 at ????? [a year after they were married, and quite usual for the first male child to be named after the father]
  2. Henry MILLER born 1844 at ???? [Named after his uncle, Mars older brother]
  3. David MILLER born 1846 at ????
  4. John Miller born 1845 or 1848? at Melbourne VIC [My guess is that the 1848 date is correct?]
  5. Mary Victoria MILLER born 1853 at VIC.
  6. Joseph Septimus MILLER born 1855 at Melbourne VIC and died at age 6 in 1861
  7. Samuel MILLER born 1857 VIC
  8. Jonathan Alfred MILLER born 1859 at Brunswick VIC
  9. Caleb MILLER born 1861 at Brunswick VIC
  10. Theresa Jane MILLER born 1862 VIC
  11. Wesley Montague MILLER born 1864 died 1866 VIC
  12. Charles Mintagu MILLER born 1866 died 1885
  13. Ellen Clementina MILLER born 1869 at Brunswick VIC.
What do you think of this list?
 
Regards
 
Darryl
Dear Andrew

I have recently come across an old family biography typed on 5 pages.
In it are claims made that under Mitchells orders, Millar and a party
from the 40th went to the location that was to be later named Brisbane with
some convicts on a scouting expedition.
Amongst the party were a Sergeant Cox (William I think) and his wife.

The Document mentions that upon landing, a daughter was born to Mrs Cox
(within the hour), and that this child - Hannah - was the first white
person born in Queensland.

It also states another child from another family with the party was
born soon after, and being male, was officially declared the first born
child - by name of Collins apparently.

The document then discussed the family's move to Jersey and India with
the regiment.

Of course, I am not sure how accurate the ancestral document is, and
that is what I want to find out. My first task is to establish that this
family did come to Australia and that Hannah was born here.

I have already located them in a boarding house in Jersey, (on a
census) so the puzzle is beginning to come together. I have also found William
Cox's name in a web site listing members of the 40th (along with a Collins).

Apparently at the age of 13 Hannah married Sergeant Maud and when he
died, remarried Sergeant West - both peers of the same regiment.

They later returned to Australia.

...
Yours sincerely
Carlina

Hi Carlina,

Peter Andrews forwarded your email to me. I have a copy of John St
Pierre's book, "Moreton Bay Detachment 1824-25" (70 pages A4 size), published by
the Redcliffe Historical Society in 1994.

It has been thoroughly and professionally researched, and the index
tells me that the Cox family (Hannah, Mary, Samuel and William) is mentioned
many times. In particular, on pages 42-43 is a detailed biography of
Private William Cox, showing his military career, travels, marriage to Hannah,
and the birth of his children Mary Cox (1 March 1825 at Redcliffe) and
Samuel Hicks Cox (29 July 1827 at Hobart).

Mary (not Hannah) Cox was born at Redcliffe, was their first child, and
was the third child to be born to the wife of a soldier at this settlement.
Footnotes 54 and 55 confirm that her birth, and her baptism at St
Philip's Church, Sydney late in October 1825, were verified in the Parish
Registers.

The chapter on the wives and children of the soldiers states (page 12)
that the first child born at the settlement was Amy Moreton Thompson (21
September 1824), and the second was Charles Moreton Miller (5 November
1824).

Best wishes,
John Steele

Dear Peter Andrews,
 
I was very interested in your fascinating webpage on Captain Henry Miller. These sorts of contributions make the Internet a goldmine for researchers. A reference in a shipping site to a detachment of the 40th Regiment being on the convict transport 'Isabella' when it landed in Sydney in December 1823, led me to your site. A rather garbled reference on another site, suggested that Lieutenant Miller and 31 other ranks sailed from Cork on the Isabella in 1823. Do you know what ship Lieutenant Henry Miller arrived on? He was, as you know, in Sydney by 24th December 1823. My great great grandfather, Thomas Sweeney was on the Isabella and I have researched his life, including the voyage to Australia. My Thomas settled in the Port Phillip District in 1838, so it was interesting to see that Henry Miller Junior also settled there.
 
I look forward to your reply.
 
Peter Cuffley


Dear Peter,
 
No sooner had I sent you an E-mail than I was looking through my notes and found the following reference from the Sydney Gazette Tuesday 18th December 1823: "Ship News - Tuesday last arrived from Cork which she left in August last, the ship Isabella, Captain Wallis. She brings hither 190 male prisoners. Five died on the passage, the compliment being originally 195. The guard comprises a detachment of the 40th under the command of Lieutenant Millar, who is accompanied by his Lady and family. The Surgeon Superintendent is Dr. Rae, R.N., who came here this time last year on the Eliza." I had extracted this years ago and forgotten that it was in my Thomas Sweeney Timeline.
 
Yours sincerely
 
Peter Cuffley


Dear Peter,
 
This is on our new E-mail address, just hooked up a couple of hours ago. In my rush to let you know that I had found the reference to Lieutenant Miller on the Isabella, I put the date of the Sydney Gazette as Tuesday instead of Thursday 18th December 1823. They arrived on Tuesday the 16th, and on the Wednesday, the ship's Master, William Rae, wrote to the Governor about the uncovering of a plot to stage a mutiny. The informant, Francis Keefe, was granted an immediate Ticket of Leave on arrival in Sydney.
 
Peter Cuffley



Extracts from very interesting emails from Mary Christine McDonald regarding Jane Morphett, wife of Capt Miller
I am collating my material on a gr-gr-grandfather Lt. John Coote and have a sheet of marriages, etc. from early Irish newspapers.  On the sheet is the marriage of Lt. John Coote and Isabella Morphett in 1812.  The Morphetts lived in Mallow and I believe Lt. John joined the army around there.  They lived in Co. Cork.... mainly Kilworth before Isabella died and he came to Canada.
 
However, just below that is a record of the marriage of Henry Miller, Esq. of the 40th Regt. to Jane Morphett in 1808.  The ladies were sisters.
 
Isabella Morphett Coote d. 1845 in Whitegate, Co. Cork and shortly after, Lt. John took 3 or 4 younger sons and came to Halifax, Nova Scotia where I live.
 
He remarried and had one more child, his 15th!!  She became my great-grandmother, Ellen Louise Coote.  She married John Edward McDonald.
 
What's interesting to me are the first names of some of the Millers as they are also some of the first names of the Cootes.  Perhaps the names come from the Morphett side of the family.
 
e.g. - Henry, Mars Morphett, Charles, Henrietta, Charlotte and George are all Coote names.  I couldn't believe it when I saw "Mars Morphett" in your list.
 
Mars Morphett Coote was one of the sons that Lt. John Coote brought with him and he was the one to sign his father's death certificate in Oct. of 1852.
 
Have you ever heard of the name "Mars" before?  I have never heard of it in Canada.
 
Lt. John Coote was in the Peninsular War and also the Battle of Waterloo as well.
 
....and....

Here are a few more details re the Morphetts which I discovered over the years:
Jane and Isabella had siblings Elizabeth, b. 1787 and d. at Mrs. Boyce's in Kilworth, Co. Cork in 1833.
Also: Ephaphroditus, b. 1798 and d. 28 June, 1816 in Mallow, Co. Cork.
Also Sophie Adelaide, bp. 12 Aug. 1802 in Mallow C. of I.  Sophie, fifth d/o R. H. Morphett, d. 5 Oct. 1822 at Kilworth as reported in the Freeman Journal.  Also Charlotte Ward, b. 15 Feb. 1806 in Mallow; C. of I.  Charlotte m. 3 July, 1826 to Lt. P.J. Begbie, 2nd Batt., Madras Artillery, youngest d/o of late R. H. Morphett, Esq. of Mallow, Co. Cork.  Source: The Oriental Herald, Vol. 12, page 124.
 
Their father, Richard Hamilton Morphett was b. in 1757 and m. Ann Andrews 7 Nov. 1782 at St. Werburgh Church, Dublin.  R. H. Morphett's death is noted in MFCJ #8, 142 in Mallow "The Crossroads of Munster".  He is buried in St. James Cemetery, Mallow.  It appears that he died within the same year that Isabella and John Coote had married.  His young son (18) is buried with his father.
 
The children (almost all) of Lt. John Coote and Isabella's daughter Vida, left with their father and uncle the year after Vida died in Co. Cork for Australia.  Vida had married Isaac Seymour.  This was in 1877 I believe.  So your wife Jeni may have some Seymour relatives in Australia.


Mary Christine McDonald