Revolutionary War Pension and Bounty Land Warrant Application File S. 5766, for Thomas Mitchell, Virginia
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Service Number
Va State Navy
Mitchell, Thomas S.5766
contents ended
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2134

Virginia, Richmond

Thomas Mitchell deceased

of Frederick  in the State of Virginia
who was a Seaman in the ______________commanded
of Ship Dragon of the  _________ commanded
by Va. in the Ship Dragon
Virginia State Navy


Increased from $96
Inscribed on the Roll of Richmond
at the rate of 121 Dollars 66 cents per annum, to commence on the 4th day of March, 1831.
and ending 24th January 1835 when he died.

Certificate of Pension issued the 25th day of February 1851, and sent to S. Godwin Esq.

Arrears to the 4th of present
Semi-anl allowance ending

{Revolutionary Claim,}
{Act June 7, 1832}

Recorded by H.R. Weightman Clerk
Book  E Vol. 6  1/2 Page 25


Hon. R.C. Per Year February 12, 1855
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Thomas Mitchell
Virginia
No 9967
from 1778 Seaman
for 2 years $96.
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BRIEF in the case of Thomas Mitchell of Frederick county in the State of Virginia
(Act 7th June, 1832)
1. Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Seventy four years (74)
4. State his service, as directed in the form annexed.
[Columns: Period, Duration of Service, Rank, Names of General and Field Officers under whom he served.]
Enlisted April In 1778 
discharged  September 1781
3 years 5 Months As a Steward
Ship of War Dragon
Capt  James Callender
afterwards Capt Edmond Travis
Capt James Markham
Lt Joseph Saunders
Sailing Master William Parker
Edwin Eskridge James I. Jute and other midshipmen.
5. In what battles was he engaged? off the Cape of Virginia with a British Schooner
6. Where did he reside when he entered the service? Lancaster Virginia
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? on Roll. Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect?
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
CLittle
Examining Clerk
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9967
Thomas Mitchells'
declaration
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Declaration
In order to obtain the benefit of the Act of Congress of the 7th of June 1832.
State of Virginia,
County of Frederick to wit:
On this 3d day of September 1832 personally appeared before the Court of Frederick County in the State of Virginia, Thomas Mitchell a resident of the said County and State 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 provision made by the Act of Congress passed June 7. 1832. That he enlisted in the Naval Service of the United States in the month of April 1778 with Captain James Callender, commander of the ship of War Dragon, and served  as a steward in the said ship, first under the said Callender afterwards under Captain Edward Travis and then under Captain James Markham he recollects that one Chandler was the  Lieutenant and Joseph Saunders the sailing master that William Parker, Edwin Eckridge, James Tutt and others were Midshipmen. He went on board the Ship near the mouth of the Rappahannock; and sailed to Hampton Roads and then to Lynnhaven Bay and continued in the Chesapeake Bay, and about the capes of Virginia, and sometimes out at sea until the Ship was laid up and the men discharged in Chicahominy river in the month of September 1781. He was in an action off the cape of Virginia during his service with a British Schooner. He resided in the County of Lancaster in the State of Virginia when he entered the Service.
He hereby relinquishes every claim 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.
Sworn to in open court the day and year first above mentioned. The words "as steward" being first interlined in Open Court
Thomas Mitchell
T.A. Tidball
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And the said Court do hereby declare their opinion, that the above named applicant was a Revolutionary soldier and served as he states.

I Thomas Allen Tidball Clerk of the Court of Frederick County do hereby certify that the foregoing contained the original proceedings of the said Court, in the matter of the application of Thomas Mitchell for a pension.

In testimony whereof, I have hereunto set my hand and seal of office this 5th day of September in the year 1832.

T.A. Tidball
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Virginia Sct.

At a court held for Frederick County on 3rd day of February 1851 on motion of Hiraim Murphy Executor of Thomas Mitchell is ordered to be certified that it is proved to the satisfaction of the court that said Thomas Mitchell who was a seaman in the service of the United States and during his lifetime a pensioner departed this life in this county on the 24th day of February 1835 leaving a will in which he appointed said Hiram Murphy his Executor who has  duly qualified as such in this court and is now acting as such.
Also that said Decedent left no widow - But that he left ten children of whom seven are now living - Those are now living are as follows viz.  Mary Smith the wife of John Smith, Deborah Smith the wife of Henry Smith, Eliza the wife of Levi Rathbone, Sally Ann the wife of John Crawford, Grace F. the wife of Hiram Murphy. And Isaac Mitchell and Peyton R. Mitchell, those who have died since the said Thomas Mitchell are William Mitchell who died in the State of Illinois, some five or six years ago leaving several children whose names are unknown Thomas Mitchell who died eight or ten years ago in Pennsylvania leaving two children whose names are unknown.  And John Mitchell who died in Mexico in 1847 unmarried and without issue.

Virginia Frederick County Sch.

I Thomas Allen Tidball Clerk of the Courts of the County aforesaid do hereby certify that the above is a true copy from the records of the said county.
In testimony whereof I hereunto subscribe my name and affix the seal of said Court this 3rd day of February 1851 and in the 75 years of the Commonwealth.

T.A. Tidball
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Thomas Mitchell Va. Act. 7 June 1832
at $96 per annum 
To what time paid?

F.F.C. Triplett

Pension Affairs
Feb. 16, 1857

Paid to 4 Sept. 1834
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July 16, 1931


Rachael Lundeen
1604 E. Jackson
Bloomington, Illinios

Rev. & 1812 Wars Section
EEL


Dear Madam:

You are advised that it appears from the papers in the Revolutionary War pension claim, S.5766, that Thomas Mitchell, while residing in Lancaster County, Virginia, entered the service in April, 1778, served as steward on board the ship of war, "Dragon", commanded successively by Capt. James Callender, Edward Travis, and James Markham, Virginia State Navy, was in an engagement with a British schooner off the Virginia capes and was discharged in September, 1781, when the ship was "laid up."

He was allowed pension on his application executed April 3, 1832, at which time he was aged seventy-four years and resided in Frederick County.

He died January 24, 1835, in Frederick County, Virginia.  He left no widow but ten children survived him as follows:  Mary, wife of John Smith; Deborah, wife of Henry Smith; Elisa, wife of Levi Rathbone; Sally Ann, wife of John S. Crawford; Grace, wife of Hiram Murphy; Isaac Mitchell; Peyton R. Mitchell; William Mitchell, who died in the state of Illinois, about 1845 or 1846, leaving several children whose names are not given; Thomas Mitchell, who died in 1841 or 1843, in the state of Pennsylvania, leaving two children whose names are not given; and John Mitchell, who died in 1847, in Mexico and was unmarried.  The name of their mother is not given.

Very truly yours



A.D. Hiller
Assistant to Administrator
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J.L. Edwards Esq.

Pension Office
War Department
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Winchester September 5th, 1832


Sir,

I now send you three declarations, by applicants for Pensions made by James Foster, Thomas Smart, and Thomas Mitchell, which are submitted to you for decision.

Upon the subject of James Foster's claim it is proper that I should say that in 1828 I sent you a declaration made by him, and which you returned to me with a Letter dated June 16, 1828, in which you say "The documents in the case of James Foster which were referred to the Auditor General of Maryland for proof of service have been returned by him accompanied by his certificate in regard thereto.  It appears from the certificate that the only person of the claimants' name which appears on the rolls of the Maryland line in his office is remarked as having died 30th June 1781."
I am satisfied that there must be some mistake in this business, Mr. Foster states, that he was left sick in the hospital in Philadelphia when his time expired.  From this circumstance it might have happened that he was reported dead.  He can produce no proof of having been from his native place for forty years.  From the goodness of his character for integrity and veracity I have not the least doubt that he served as he stated.  He has always been considered here as a revolutionary soldier.  If I could have any effect in the decision of his case, he can procure the affidavits of every respectable man in this place of the goodness of his character and their belief in the truth of his statements.  If anything of this sort is thought necessary, if you will let me know it shall be procured.  I hope for a favorable decision in his case, because I am perfectly satisfied it is a just one.

Thomas Mitchell is a man of good character.  He tells me that he received a Land Warrant, and upwards of eighty pounds for back pay from the State of Virginia.  And that his papers were lodged in
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in some office at Richmond.

Thomas Smart is a poor man, and from the circumstances that he states I have no doubt of his having served as he states.  I asked him why he did not apply for a pension under the act of March 1818.  He said that as he had lost his discharge he was told that he could get nothing and as he could then work for his living he did not think it worth while to trouble himself about it.
As I thought it probable that Mr. Foster was the State Line I prepared his declaration accordingly.
I know that you are much engaged, but I will thank you to say whether you received several declarations, that I enclosed to you from some weeks ago.  
Any communications in regard to the accompanying declarations you will please to make to me, at the request of the applicants.

I am sir, with much respect,
your obedient servant,

Lemuel Bent


J.L. Edwards Esq.
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March Act 1832

Virginia Roll

Thomas Mitchell who was a seaman in the Virginia State Navy.

Increased from $96 to $121.66 per annum, from March 4, 1831 to 24 January 1835, when he died.  
Some payments to be deducted.

Payable to Hiram Murphy
Executor of 
Mary Smith, Deborah Smith, Eliza Rathbone, Sally Ann Crawford, Grace Murphy, Isaac Mitchell, and Petyon R. Mitchell, only surviving children.

Cd. S. Godwin

In case of Isaac ?
Virginia Rolls Act. 1832
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Gainsboro, February 4th, 1851

Mr. S. Godwin

Dear Sir,

Mr. H. Murphy has come down agreeable to arrangement and I have procured all the testimony required in your direction - and will forward herewith the Certificate of the Court for your compliance and action in the case - Mr. Murphy directs me to say to you that you write me on the receipt of this and inform him through me the amount or the probable amount that you suspect in the case - and the p? is drawn by you to forward on to the Valley Bank in Winchester the amount due him as executor
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which will be all that may be coming to the heirs - and we now think and expect you will be handsomely compensated for your trouble - after paying the cost of looking up witnesses lawyers fee - clerks fees - County seal and ? pay me as you stated in your first letter for attending to the case - which will be, by my paying the above costs twenty dollars - as each will be ten - and you will forward it on with Mr. Murphy and he will pay me here my amount - 
I am respectfully.
Your obedient servant.
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Refer to Susan Rudd
who received $122 and some 
cents per annum or 2? per day

Case Va. Roll
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Thomas Mitchell


Mr. Cole
Feb. 12, 1851
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Washington City
February 13, 1857

Sir,

I am employed in the case of Thomas Mitchell ? , Mitchell was a seaman and pensioned at $ 96 per annum, I ask an increase of 2 shillings per day or $ 122.33 per annum and refer you to the case of Susan Rudd, allowed by the late commissioner fo pensions, Mr. Joseph Logger, was I think the Agent in the case.  The evidence of the death of Mitchell, when last paid and ? is in the ? of Col. William O. Niles, please have the papers on both cases carried to him.

Yours respectfully,

S. Godwin

Thomas Mitchell, 1832 - 2/34
Susan Rudd, both Va. cases
?
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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 Thomas 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?  Yes

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 amount of pension he is entitled?

Yes


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

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act. of June 7, 1852?

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?

No seal
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2


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?


XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?

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?

XVI.  Are the papers authenticated as the regulations direct?

Yes

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



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 ___ year___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 the 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. 

QUERE XIV.  Proof of Service

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 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 affidavits must be properly authenticated, as above directed.

QUERE XVI.  Mode of authenticating papers

In every instance where the certificate of the certifying officer who authenticated 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 end 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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2134

Virginia

Thomas Mitchell

of Frederick in the State of Virginia
who was a seaman in the ........commanded

on board the ship Dragon
for 2 years from 1778

Inscribed on the Roll of Virginia
at the rate of 96 Dollars ____ cents per annum, to commence on 4th day of March 1831.

Certificate of Pension issued the 20th day of November 1832 and sent to Lemuel T. Bent, Winchester, Va.

Arrears to 4th of Sept. 1832    144.00
Semi-anl. allowance ending       48.00

March 1833

$192.00

{Revolutionary Claim,}
{Act June 7, 1832}

Recorded by Nathan Rice Clerk
Book D  Vol. 7  Page 106
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Rev Navy

INVALID


File No. 5766

Thomas Mitchell
Seaman


Act: June 7, 1832

Index:-Vol. 6 1/2, page 25

[Arrangement of 1870]


1931 - July 16, Hist. to Rachael Lundeen
Page 25

Bloomington, Illinois
June 19, 1931


Commissioner of Pensions
Washington, D.C.


Dear Sir:

Do you have on file any record of Revolutionary service of one, Thomas Mitchell  wife Deborah Perkins, or any record of any one receiving a pension from his services?
Our McLean Co. records state that he was a commissioned naval offices from and Frederick Co. Virginia.  Any information will be greatly appreciated.

Yours truly

Rachael Lundeen
1604 E. Jackson
Bloomington Illinois