Revolutionary War Pension and Bounty Land Warrant Application File S. 1856, for John Mitchell, North Carolina
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SERVICE
N.C.
 
Mitchell, John

S.1856

Born in N.C.
Carded
CONTENTS
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John Mitchell
Declaration for Pension
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 eighteen years old when he entered the service as a Volunteer in a Company Commanded by Capt. William Williams attached to a Regiment under command of Col. William Moore.  Applicant states that in the summer of 1778 the Regiment to which he belonged marched from the County of Orange near Hillsborough under General Ambrose Ramsey to the County of Burke for the purpose of joining General Rutherford then at the Blue Ridge charged with the protection and defense of the frontiers from Indian ravages and massacre -- that within a few miles of where General Rutherford lay on the mountain orders were received by General Ramsey directing him with his command to return to Hillsborough for the purpose of watching
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and keeping in check the Tories then very troublesome in the Counties of Orange and Chatham.  This applicant states that he was 
in no battles but much engaged in pursuing, arresting and guarding the Tory prisoners at 
Hillsborough and other places.  Applicant further states that he performed considerable service under Capt. Matthew McCauley, that sometimes he performed as a mounted volunteer, -- and frequently out among the Infantry corps.  Applicant volunteered for six months in August 1778, but does not remember when he was discharged precisely but feels convinced that he performed 
more than nine [months] service before he was finally discharged or quit the service.
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Applicant says he never received a written discharge nor has he any documentary evidence of his service or his age.  He lived in Orange County North Carolina till 1811 when he moved to Maury County Tennessee where he has lived since.  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 and subscribed the day and year aforesaid. 
Thos. J. Porter, Clerk 
                       John Mitchell, Senior

State of Tennessee Maury County
     We Willis Hones Richard B. Passmore & James Mitchell residing in the county & state aforesaid hereby
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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 said Court further certifies that it appears to them that Willis Jones, Richard B. Passmore and James Mitchell resident in the County of Maury State of Tennessee who have signed the preceding certificate are credible persons and that their statement is entitled to credit.
                          Robert Wortham JP
                          Jas. Huey JP
                          Peter Williams JP
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I Thomas J. Porter Clerk of the Court of Pleas and Quarter Sessions for said County hereby certify that the foregoing contains the original provisions of the said Court in the matter of the application of John Mitchell Senior for a pension.
     In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 14th day of September A.D. 1832.
     (seal)                  Thos. J Porter Clerk

   There can be no doubt from my knowledge of the hand writing of the body of the annexed declaration that it passed through the hands of the Clerk.
                     James K. Polk
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John Mitchell
9 mo. adm.

Hon. J.K. Polk HR
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
John Mitchell which require further proof or explanation

I. Does the declaration show where the applicant resides?
Yes

II. Did the declarant make the declaration in the county where he resides?
Yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?
No

V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension he is entitled?
No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
Yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
Yes

VIII. Has the Court given their opinion?
Yes

IX. Has the Clerk given his certificate?
yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
Yes
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No 

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes

XVI. Are the papers authenticated as the regulations direct? No

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 23

EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words.
"Personally appeared before me, the undersigned, A Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For ___ yes ___ months, and ___ days, I served as a ___ For ___ months and ___ days, I served as a ___; and for such service I claim a pension.
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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 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 shewn 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.
QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he just prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the 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.
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1856 
Rev. War
INVALID.
File No. 1856
John Mitchell
Priv. N.C. Line

Act:  June 7, 1832

Index:- Vol. A, Page 256.

[Arrangement of 1870.]
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TREASURY DEPARTMENT.
Second Comptroller's Office,
July 23d, 1840.
  
 Air:
    Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States, "John Mitchell, a Pensioner on the Roll of the Nashville, Ten. Agency, at the rate of Thirty Dollars per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of March, to the 4th Sept. 1839.
               Respectfully yours,
               Albion K. Parris
                      Comptroller.

To the Commissioner of Pensions,
Present.
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TREASURY DEPARTMENT,
Second Comptroller's Office
April 15th, 1840

Sir:
     Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Mitchell, a Pensioner on the Roll of the Nashville, Ten. Agency, at the rate of Thirty Dollars per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept. 1836, to the 4th March 1839. 
Respectfully yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.