Revolutionary War Pension and Bounty Land Warrant Application File R. 7,264, for Abel Mitchell, Maryland
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SERVICE
Md
Md. Sea Service

Mitchell, Abel

NUMBER
R. 7264

_____________________________________________

CONTENTS
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27.735

Abel Mitchell

Penn'a

Return'f

See letter 17 Dec. 1833 to
Hon. J.B. Southerland
H R

[crossed out 'Z. Aligman Phillips
No 13. Prince Street Philiadelphis]
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WAR DEPARTMENT,
Pension Office,
19th Novem 1833

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling [sic] with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Abel Mitchell

Friend whom the service was 
rendered. ___________________

Duration of the claimant's service.
    Years ___    Months 11   Days ___
Rank of the claimant. 
    Private
Names and rank of the Field officers under whom he served. ______________________________

Duration of the claimant's service.
    Years ___   Months 4     Days ____
Rank of the claimant.
    Seaman on board
Names and rank of the Field officers under whom he served.
    Cap. Nicholson

Duration of the claimant's service.
    Years 1   Months 3   Days ____
Rank of the claimant.
    U.S. Frigates Virginia
Names and rank of the Field officers under whom he served. _____________________________

Age at present, and place of abode when he entered the service.
    80 years.
    Baltimore, Md.

Proof by which the declaration is supported.
    Traditionary


I am respectfully,

Your obedient servant,
JAMES L. EDWARDS, Commissioner of Pensions.

The evidence in this case is not sufficient.
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:

1. The Regular Troops.
2.  The State Troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service.
4.  Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians [sic] or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court by law a seal and Clerk is considered a Court of Record.

DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of _______ }
County of __________________________  } ss.

On this _________ day of _____________ personally appeared (a) before ______________ A.B. a resident (b) of ____________ in the county of _________________ and State, Territory or District of ___________ aged (c) ___________ 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 Army of the United States in the year (d) __________, with ________ and served in the _________ (e) regiment of the __________ line, under the following named officers: 

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and name of his officers) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. --- This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) 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, or (if any) only on that of the Agency in the State of _____________________________

Sworn to and subscribed the day and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I __________________ of the Court of _______________ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of __________________ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this ______ day of ________ &c. 

If, on examination of the proper record, the the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers of Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 

(k) We, A. B., a Clergyman, residing in the _______________________ and C. D. residing in (the same) hereby certify, that we are well acquainted with ____________________, who has subscribed and sworn to the above declaration; that we believe him to be ______ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the days and year aforesaid.

[And then will follow the certificate of the Court.]

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 Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _______ and that C. D., who has also signed the same is a resident in the __________________ and is a credible person, and that their statement is entitled to credit.

I, ______________________ Clerk of the Court of __________ do hereby certify that the foregoing  contains the original proceedings of the said Court, in the matter of the application of _______________ for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of ______ &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war , and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Solder. - Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer, - Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.
The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
The age of the claimant must invariably be mentioned.
The declarant must mention the period or periods of the war when he served. Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 -- For -- months and – and for such service I claim a pension."
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 that 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 shown under want 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the
papers.
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 papers 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.
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 claimant's 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.
The notes from to are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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City and County of Philadelphia
State of Pennsylvania ss
On this 29th day of November in the year one thousand Eight Hundred and thirty three personally
appeared in before the Court of Common Pleas
of the County of Philadelphia Abel Mitchett
a resident of Philadelphia County in the State
aforesaid who being first duly sworn according
Law doth on his solemn Oath make the
following declaration in order to obtain the benefit
of the provision of the act of Congress of June
7th 1832 to wit " That he was born in London in England on the 30th day of September 1750 and arrived at Baltimore in Maryland in the year 1769
where he continued to reside untill he sailed
from thence in the Virginia Frigate in the service
of the United States as hereinafter detailed - 
That he is now in the Eighty fourth year
of his age and for the last forty six years has
resided in Philadelphia in the State aforesaid.
That after the Revolutionary war had broken
out he first served in the Militia in Baltimore doing active duty for a period of six months as well as he can recollect from age and defect of memory,
but has lost all recollection of the name of the Colonel of the regiment or the Captain or any of the officers
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under whom he served nor does he know that
any person still remains alive who was with
him at any period of his services now or herein
after detailed. That he was afterwards attached to what was called the "Look out Boats”, for he believes a period of upwards of four months - That after that he enlisted as an able Seaman on board the "United States Frigate Virginia”, commanded by Captain Nicholson and the name of the first Lieutenant was Mr Johns or Jones. That he
believes it was early in the fall (but he
does not recollect what year). That he entered
on board the said Frigate Virginia at Baltimore doing duty untill she sailed which was not untill the following spring or summer as she lay in Baltimore all that time waiting to fill up the crew and finally was obliged to press many hands - That immediately after sailing and when scarce out to sea the Virginia was captured by two fifty gun
British Ships and they were all carried
New York. That he with others of the Crew
was placed on board a Ship called
2.
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the “Good Hope" where he remained a prisoner
to the best of his knowledge and belief a period
of five or six months; that he was then with
the rest of the Crew sent up to New London in
a Brig where they were exchanged for the crew of the British sixty four Gun Ship called the
“Somerset” which ran  ashore at Cape Cod;
That at New London he received his discharge
from the Commissary which from time or
accident is either lost or destroyed, and he came on
foot to Philadelphia crossing the River on
the Ice at West Point and the same on the
Delaware. That he verily believes his whole
service on board the Virginia Fregate from the
the first enlisted on board and commenced
duly untill his final Exchange including also
his imprisonment was at least fifteen months,
for he well recollects that it was in the
month of January that he arrived in Philadelphia
after his exchange at New London aforesaid
(from whence he was not more than thirty
days traveling to Philadelphia) and he knows that to
have been more than one year after his
entered on board the Frigate. That this period
fifteen months added to the period of six
month his service in the Militia; and his
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service when attached to the "Look out Boats” four
months will make altogether a period of Twenty
Four Months. He further states that he never
received any pay or emolument whatsoever except his Bounty Money on entering on board 
the “Virginia Frigate”. That when serving in the
Militia and when attached to the "Look out Boats” he drew his rations but never received any pay whatsoever. He further states that from
his advanced age and infirmity he has not of
late years been attached to any particular congregation or Church and therefore cannot produce a Clergyman acquainted with his revolutionary service, but that he formerly belonged to St. Paul’s Church in the City of Philadelphia
of which the Reverend Joseph Pelmore was the 
Pastor or Clergyman. And that he has been
deceased for many years and in his life time
was acquainted with the revolutionary services
of the Applicant. He hereby relinquishes any
claim whatsoever to any pension or annuity
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except the present and declares that his
name is not on the pension roll of any
 agency of any State.  The applicant further states that he believes in this statement and
application. Answers are already given to the Interrogatories prescribed by the war Department, but to bring himself within the instructions having n living testimony to produce of his actual service he
gives the following formal answers to the seven Interrogatories propounded.

To the first Interrogatory he answers that he
was born in London in England on the 30th of September 1750.

To the Second Interrogatory he answers that
he has no record of his age except his memory of it from his earliest years.

To the third interrogatory he answers that when
called into service he was living in Baltimore in 
the State of Maryland, and that since the
Revolutionary war he has been living in Baltimore
untill the year 1787 when he came to Philadelphia
where he has resided ever since
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To the fourth Interrogatory he answers that as well as he recollect he was first called into service in the
Militia by being drafted, and that afterwards he
regularly entered as before stated into the service of
the United States as in Able Seaman on board
of the Virginia Frigate.

To the fifth Interrogatory he answers that he
cannot state the names of any officers under whom
he served except Captain Nicholson and Lieutenant
Johns or Jones of the Virginia Frigate, and that he has already detailed the circumstances of his service.

To the Sixth Interrogatory he answers that
when he was exchanged at New London he
did receive a discharge from the Commissary
or a paper which he believed was a discharge
but the same has been lost or destroyed.

To the Seventh Interrogatory he answers, that
he is well known in his present neighborhood to
James Arbuckle Thomas Downing and
many others who can testify as to his character.
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for veracity and their belief in his revolutionary
services.
Sworn and Subscribed in Open Court the
day and year aforesaid
Abel Mitchell
F A Raybold J P

We James Arbuckle and Thomas Downing both
residing in the County of Philadelphia hereby certify by that we are well acquainted with Abel
Mitchell who has subscribed and sworn to the
foregoing declaration and answers as that we
believe him now to be in the Eighty fourth year
of his age; that he is reputed and believed
in the neighborhood where he resides to have
been a soldier of the Revolution and that we
concur in that opinion.
James Arbuckle
Thomas Downing
Sworn and Subscribed in open Court this 29 day
of Nov 1833.
F A Raybold J P
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And the said Court do hereby declare their 
opinion after the investigation of the matter &
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 Court further
certifies that it appears to them and they are
well acquainted with the fact that the Rev
Joseph Pelmore was the Clergyman of St
Pauls Church for many years and that
he is now deceased; And the Court further
certifies that it appears that James Arbuckle and Thomas Downing who have signed the preceding certificate are residents of the County of Philadelphia and are credible persons and that their statement is entitled to credit.
By the Court-
Edward King
J B Sutherland
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9.
I  Richard Palmer Prothonotary of
the Court of Common Pleas of the
County of Philadelphia do hereby certify
that the foregoing and annex'd Eight
pages contain the original proceedings
of the said Court in the matter of the
application of Abel Mitchell for a
pension. In Witness whereof I have hereunto
 set my hand and seal of Office at
Philadelphia this twenty ninth day of November
in the year one thousand Eight Hundred and Thirty Three.
R W Palmer Prothy
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REJECTED
7264
P. O.
Abel Mitchell
Service:
Enlisted:
Discharged:
Application filed:
Alleges:
Re-enlisted:
Attorney:
P. O.
Recognized. Contract
Cert. of Dis. Searched for
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Abel Mitchell Private
Act 7 June 1832

Suspended

See letter 17th Dec 1833

Sent to J Phillips Mar 16 1834 - so to same 22 May 1834
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Philadelphia September 19. 1833
Sir
You will herewith receive an application from
Abel Mitchell for a pension; altho’ he has detailed
all his services in the militia as well as the Regular service, yet his pension is more particularly claimed
as having been an Able Seaman on board the
Frigate Virginia commanded by Captain Nicholson.
If he has brought himself within the law and the
Justice of the Office and is entitled to receive anything, it will be a charity to expedite it, as from his age and infirmity it is not likely he can long avail himself of the benefit of Congress. He wishes me
state and I do it at his request, that he has a wife 
Seventy Eight years of age who is blind; that their
Whole support is derived from one son who is a
journeyman tailor and who has had the misfortune
to lose one of his legs. I some months ago
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addressed a letter to the Navy Department inquiring when the name of this applicant was on the muster rolls of the Frigate Virginia and was informed in reply that the department was not in possession of the muster rolls of any of the vessels employed during the Revolutionary War. The applicant therefore has furnished the best and only evidence he can provide of his services which is his own declaration on oath and the oaths of highly respectable citizens of them on behalf of his statements. As soon as convenient please to address me on the subject.

I am sir, very respectfully
your most obedient servant

Z. Philips 
No 13 Preene Street

To
James L Edwards Esqr
Commissioner of Pensions
Washington
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Zaligman Philips, Esquire
Philadelphia.

7264
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Philadelphia, May the 14th 1834

Dear Sir

The continental Frigate Virginia under the command of one of the Captains Nicholson and I think the father of Captain Joseph I Nicholson of the US Navy was run aground on the middle ground between the two capes of Virginia during our revolutionary war and which in that situation was captured by two English frigates gotten off and carried to New York.

At your request I give you this statement, but the facts cannot but be a matter of general notoriety and the history of those times certainly does furnish sufficient evidence of it for I remember the circumstances as distinctly as if it had only occurred a few months since.

Very respectfully I am
Dear Sir your Obedient Servant
James Barron

Zaligman Philips Esquire
Present
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James L. Edwards Esq.
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Philadelphia, May 14, 1834

James l Edwards Esqr
Commissioner of Pensions
Washington

Sir

I herewith enclose Commodore Barron's statement as to the Virginia Frigate captured and carried to New York by two British Frigates which I hope will prove satisfactory in support of the claim of Abel Mitchell for a pension under the Act of June 1832; There was another Frigate Virginia but she never went to Sea but was burnt at Norfolk Va to prevent her falling into the hands of the enemy as your early attention to the old man's case will be by him gratefully acknowledged and with the thanks of your
Very obedient servant

Z. Philips
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Part of an Envelope

FREE

STAMP

James L Edwards Esqr
Commissioner of Pensions
Washington D.C.
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Philadelphia, May 18, 1834

Sir

I have the honor to acknowledge the receipt of your letter of 16th Inst in relation to Abel Mitchell's case. His advanced age and increasing infirmities prevent his traveling to Baltimore to sit for evidence and from the great lapse of years he is afraid he will not find anyone living who would remember him or his services.

He cannot give me any further information relating to his service in the "Look Out Boats" or in the Maryland Militia than is already contained in his statement on file in his claim. I presume [illegible] be confined to his service as an able seaman regularly entered on board of the Virginia Frigate on which he served the time as stated in his application and of the [illegible] of his which statement I have not the slightest doubts it is however for your judgement and decision he would
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of which I should be pleased to know as early as possible that if unfavorable a special application may be made to Congress for his case as many reputable citizens to whom the old man has been known for many years feel great [illegible] on his behalf.

I am very respectfully
your obedient servant

Z. Philips
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War Department
Pension Office 3rd Dec 1830

Sir

The evidence required in the case of Abel Mitchell is that of a witness or witnesses having a personal knowledge of his services and the witnesses to be certified to be credible persons by the Judge or Justice administering the oaths -See note in the accompanying brief. The papers are herewith returned.

I am Sir 
Very Respectfully
Your Obt Servt
J.L. Edwards

Z Phillips Esq
No 13 Preece street
Philadlephia
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To:
J.L. Edwards Esq
Commissioner of Pensions
Washington
Page 28

J L Edwards Esqr
Washington

Philadelphia, November 29, 1833

Sir

I have herewith enclosed the papers of Abel Mitchell which I believe you will find in conformity with the printed directions sent on and as regarded now returned. The facts of his case are detailed as in his former statement with the addition of formal answers to the seven interrogatories propounded by the court as by the way of the war Department were presented. His case you will [illegible] by the certificate of our highly respectable Judges has been examined and after full investigation certified by them that he was a revolutionary soldier and serves as he stated. If this is sufficient I shall on his behalf feel obliged if you will point out particularly what more is necessary for him to do as he is not able to produce it this time a living witness of his services - his poverty is extreme but his character and standing is very respected and reputable.

I am very respectfully
your Obt Serv
Z. Philips
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Bounty Land Warrant Record Card

Name:
Mitchel, Abner
Grade: Private
Line: Massachusetts
Warrant Number: 4650
Acreage: 100
Issued: Nov 4, 1794
to Samuel Emery