Revolutionary War Pension and Bounty Land Warrant Application File S. 4221, for William Mitchell, North Carolina
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SERVICE n.c.
mitchell, William
NUMBER S.4221.

Bomin n.c.           landed.
CONTENTS
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[left side of page]
Set to Hon C. Reudy
24 April 1854
Died 29 Jany 1830
Hon C Reudy July 20 1852

[right side of page]
1384
West Tennessee
William Mitchell
of Rutherford in the State of Tennessee who was a private in the company commanded by Captain Graves of the regiment commanded by Col Collins in the NCarolina line for 3 months & 14 as pr of Cav 10 to 15 [illegible]

Inscribed on the Roll of West Tennessee at the rate of 49 Dollars 50 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 22 day of June 1833 and sentto Wm Ledbetter [illegible]

Arrears to the 4th of march 99.00
Semi-anl. allowance ending 4 Sept 24 25
$123.25
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Daniel Boyd Clerk,
Book C Vol. 7 Page 88
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Wm Mitchell.
for pension. 
8195
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Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
State of Tennessee
Rutherford county
Court of Pleas and Sessions Sessions for said county open held for the county aforesaid at the Court house in a Murfreesborough. Personally appeared William Mitchell a resident citizen of said county and state aged sixty eight years in open court before Varner D. Cowen, Samuel Jones & Henry Trott Justices of the said court of Pleas and Quarter Sessions the same being a court of Record, now sitting who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed June the 7th 1832. That he entered the services of the united states under the following named Officers and served as herein stated. That he entered the service about the first of July 1780 at the age of sixteen years as a volunteer militia man at Hillsboro. North Carolina under the Command of Capt John Graves [illegible] Sea and Ensign John Mcmullen. And in a Regiment commanded by Col Collin and attached to General Butlers Brigade then called a division, General Butler was the highest in command when he rendezvoused at Hillsboro. From thence marched with the Division aforesaid to Sinches creek in South Carolina Genl Gates head quarters passing How river of Butlers ford - the yadkin of Moores ferry - then down the yadkin to the mouth of Rock river and encamped at Galsons a (tory, several days in consequence of a great flood in the river- we crossed Rock river within a few hundred yards of its confluence with the yadkin and then we passed by no remarkable place until we joined the main army of Gates head quarters nor did we pass any town of note [illegible] the time we left Hillsboro until we arived at head quarters of Sinches Creek South Carolina At the Head quarters aforesaid he became aquainted with Genl Gates the commander in Chief - General Decalb, Smallwood & Guist of the regular or continental army - He also became acquainted with Col Porterfield of the regular army who fell at Gates defeat and Col [illegible] who commanded the
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In a day or two after he joined the main army the whole army moved on towards Ragelegs Mills  - of which place the army lay several days and it dash on the 15th day of August 1780 struck our tents and took up our line of march for Camden district 13 miles where the main British army lay and when the advance of our army had  marched about half way they met the British army in the dead of night and a sivere [severe] and sore conflict ensued and being overpowed in numbers [crossed out] were compelled to Retreat back to the main army where we lay upon our arms untill day light The British army had done the same and about sun rise on the 16th day of august 1780 the two armies met in strife on an and the issue is but too well known to the history of our country Gates was defeated the army broken up - routed and dispersed on the country and the militia with heavy hearts and cast down spirits mack [make] their way to their respected homes as fast as they could This declarant staid [stayed] at home about 8 or 10 days when Col Williams of South Carolina who had been Drove from home by the Tories raised a Regiment in Caswell county North Carolina of the North Carolinians And the refugees from Georgia and South Carolina then this declarant and his brother David join said Regiment - (which was of [illegible] men, in Capt John McMullens company of which [^said] David Mitchell was sent, and Robt Culberson ensign, This regiment was raised to go on an expidition against the Tories in South Carolina in Col Williams immediate neighbourhood - On our march we crossed the yadkin near Salsbury and passed through Salsbury to Sherlys ford on the Cataba river then up thro, the upper part of the state of North Carolina (our [illegible] Tory region atmost) and are passed along a small district from the foot of the blew [blue] Ridge towards South Carolina and which on that march are heard [^that] Mayer Feruson had enbodied [crossed out] [^about] two thousand tories we also heard that Cols Campbell & Shelby with their regiments were coming accross [across] the main town to join Col Cleveland to attack Ferguson Col Williams Regiment also marched forward to unite with them and in
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Oct 1780 we all united near Getberton on obscure village near the South Carolina line - we then made a forced march to overtake Ferguson at a place called the Fish dam ford where we understood he was encamped but when we arived there we learned he had moved his comp [camp] for Kings mountain We then doubted our diligence because we learned he was aiming to join the main army of Charlotte we arived at the foot of Kings mountain in sight of the enemy about two hours [illegible] seen in the evening and immediatly [^surrounded] the mountain and the battle commenced & in which our Col James Williams fell the walk of that battle is known to the county by history and need not be here stated The next day we took up our retreat in consequence of having learned that Tarlton [crossed out] [^was on his way to] attack. We made a powerful march & in consequence of which we lost many of the prisoners We then turned our course along the foot of the range of the blew Ridge and recrossed the yadkin at the shallow ford and took our prisoners to the masonview [illegible] where they were [illegible] for a long time & in consequence of Col Campbells Shelbys & Seviers regiments have left us we were detained several weeks ofar the [illegible] of this time designed for the expection at first This declarant will here state that [^by the line of north carolina] a service of six weeks in the horse when the soldier would furnish his own horse should entitle him to a [^a credit for] three months service in the foot and that this declarant served on that expedition ten or eleven weeks - This declarant well here state that two or three days after Fergusons defeat a general court martial was held of the principal officers of which Col Campbell was the President for the trial of the most wicked Tories such as had marched and burned down houses; and ten of them were convicted and nine executed one of them made his escape by getting his raw hide [illegible] off of his arms and legs and crawling [crossed out] between between the feet of the great croud [crowd] that came to see them executed - he then rose up and ran and the guard [illegible] not fire upon him for fear of Killing some their own people; none of the names of those executed are now recollected but that of Col Mills who had been a very bad man
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At the Morovian town the troops were kept as a guard over the tory prisoners until the most malignant were sent to jail and the least quietly parolled we were then discharged and went home.
Some short time after this: declarant and [illegible] of home some of the officers attached to the quarter Masters department required him to aid them in the duty of their stations whide he accused to and did aid them until some time in January 1781. he volunteered again as a militiaman in Capt John Mcmullens Company David Mitchell [illegible] and after we joined the main army Mcmullen went home and Capt Shadrick Hargis was placed at the head of the Company the head quarters of the army under Genl Green [^was] at or near Haw river we then marched up this river to troublesome bridge we crossed there and marched up into the neighboarhood [^of] Guilford Courthouse: Cornwallaces army then lay at New Gardain church about 8 or 9 miles from Guilford courthouse. Genl Green had been manouvering for some time before, he now felt himself strong enough for an ingagement [engagement] and he took his station on a peice [piece] of rising ground one mile nearly west of the courthouse and of the Eastside of an old Quakers form whose name I have been informed was Brebow and the battle commenced about ten Oclock on the 15th day of march 1781- where was faught what might have been called a draw battle; for Cornwallace made a precipitate retreat towards Wilmington and Genl Green withdrew to the Iron works on Haw river or a branch thereof At which place this declarant was dismissed a few days after the battle; and he and his brother Leiut David Mitchell returned home to Caswell county North Carolina at which place he resided from a consid[^able] time before and during the war and for several years thereof After this declarant returned [illegible] he was again engaged in the quarter Masters Department on various duties until another requisition was made to persue the Celebrated Fanning who had captured Hillsboro with his tories and taken and distroyed most of the valuable papers and publick documents and had taken all the state officers prisoners. Governor. Secretary
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This declarant entered this expedition in Capt McMullens company of mounted [illegible] Col Williams Moors regiment and Genl Bullers Division A day or two before we got up with Butler a sharp conflict took place between our troops under the command of Col Maben (who was a regular Officer who on being ordered from our place to another had called to see his father who lived in Orange and he took the command at the request [^of the troops] the principal filed officers Taylor and Butler being absant [absent] upon some other duty [^however they were abesent]) and the Tories under Fanning at linleys mill where some thirty er [or] forty of the Tories were killed and several of our little force were also killed and wounded. The Tories Retreated before our main army could come up with them - Butler got up [crossed out] within a mile of them one night before he knew it, when he learned his true position he became disporately alarmed (for he was a post officer) and [illegible] up his camp and marched off at right angles from Fannings [illegilbe] and continued his forced march all night and until late the next day when we crossed the Cape fear river at Everetts ford. Where we encamped several days, Butler then turned his course immediately down the Cape fear river for Willmington to Browns Ferry on Cape Fear river where we crossed over and there encamped two or three days [illegible] received a reinforcement of Col William Moors Regiment Tho, our company was known and understood as being part of Moors regiment yet it did not join him until we crossed the river at Rieonns ferry [crossed out] There Butler broke up believing himself strong enough to cope with Fanning and set out on a forced march to overtake [Crossed out: Fanning] him altho, Fanning had received a reinforcement of about 300 british soldiers under the command of Major Craig we overtook him at Livingstons swamp. This declarants brother Lieut David Mitchell was officer of this day. The action was brought on under very auspicious circumstances but Butler took another panich says passing Fanning to have artilery cried out soldiers retreat they have cannon and we can not stand there and he
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Taylor & Moor ran off with all who would persue their flight and but for the troop and disinterested services of Col Robt Maben of whom this declarant has already spoke the whole army would have been probably cut to pieces at the swamp- But he rallied about [^one hundred & fifty or two hundred] of the troops and put them in order of battle and resisted the persuit of Fanning who finding that [crossed out] [^a] sharp conflict had again ensued supposed that Butlers whole force had fallen back to that point intentionally and there he was induced to fall back in his turn and night closed the scene- We then travelled 18 mile before we overtook our field officers; who were encamped in the plantation of of Capt Lucas where the defeated army encamped several days - We then took up the line of march for him and when we got in the neighbourhood of Fayetteville then called Crop Creek this declarant attached himself to [^Col] Taylors Regiment from Granville County who was there encamped near Fayetteville and in a short time the Col heard that there over a small detachment of Tories encamped on little river some 25 or 30 miles [^off] Col lo. Taylor determined they should be broke up there and Capt Kell (who was then a private) was shown to conduct the expedition and volunteers were beat up for and some [crossed out: thirty or] forty or fifty volunteers [illegible] whom was [^this] declarant; a forced march was made the Tories were found and just as we were in the act of surrounding them. they discovered us and broke for a swamp We fired on them as they ran and only [^took] [crossed out] one of them that we ascertained we took the most of their arms and all their horses most of which had been stolen before from the Whigs and a good deal of plunder: We then returned to camp whose this declarant remained some time - He was then permitted to go home; and in one day after his arival at home he subs[^it]tuted [substituted] in the place of William Waite who was then a quarter master in Col Moors regiment to where he remained until the army was discharged finally and
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the war closed - That he was discharged at Williamsborough in Granville County North Carolina by Capt Vincent Harrison [illegible] the first of Nov 1781.
This declarant hereby relinquishes every claim whatever to a pension or anuity except the present and declares that his name is not on the pension roll of the agency of any state

The following are the interogations propounded by the court to the above applicant-(vig)
1. Where and in what year were you born
answer in Orange County North Carolina on day of May 1765 from the report of my parents 
2. Have you any record of your age; if so where is it
answer I have no record of my age nor have ever [illegible] or heard of any such record
3. Where were you living when called into service, Where have you lived since the revolutionary war, and where do you now live?
answer Caswell County North Carolina - I Continued at the same place until 1815 when I removed with my family to the County of Rutherford and State of Tennessee and settled myself in Stones [illegible] about three miles from Murfreesboro. when I have lived ever since
4. How were you called into service, were you a volunteer were you drafted or were you a substituted and if a substitute for whom-
answer I entered the service of each period thereof as a volunteer but one and that was as substitute for William Waife a quarter Master in col Moores Regt
5 State the names of some of the regular officers who was with the troops where you served-
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Gen H Gates comr in chief - General Decalb Smallwood Gist and Col Porterfield who fell as before stated and Col Armong commanded the cavalry at Gates Defeat
Genl Green was the [crossed out] commander in chief at Guilford and Col Lea commanded the horse at Guilford
[illegible] At Kings mountain there was no general or regular officers. Nor was there any regular officer attached to our army on the expedition against Fannign except Col Robt Maben who has no command bu when accident gave it to him
6 Did you ever receive a discharge from the service; if so by whom was it given and what has became of it 
answer I did receive five discharges; There was given by Capt John McMullen and [illegible] by Capt Shadrick Hargis and then last by Capt Vincent Harrison They are all destroyed by time and accident I know not what has become of them
Mr David Williams served part of the time above spoken of [^with me] and is as [illegible] [illegible] of my performing after service when he was not present and is now a resident citizen of this county - who will make his statement by affidavit to be attached hereto This declarant refers for his character as a man of truth and veracity to the Rev William Eagleton David Wendell Post Master Jonathan Carson Merchant and Genl William Brady attorney [^at] law who are all intimately acquainted with the character and standing of this declarant
Wm Mitchell
Sworn to & subscribed this 23d of August 1831 J R Lauighlin clk} 

We William Eagleton a clergyman residing in the county of [illegible] & state of Tennessee and Jonathan Currin residing in the same, hereby certify, that we are well acquainted with William Mitchell who has subscribed & sworn to the above declaration; that we believe him to be sixty eight years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the revolution; & that we concur in that opinion 
William Eagleton
Jont. Currin
Sworn to & subscribed this 23d of August, 1832
J R Laughlin clk
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State of Tennessee}
Rutherford County}
Court of pleas & quarter sessions 
August term, 1832

On this 23d day of August 1832, personally appeared in open Court before Varner D. Cowen, Samuel Jones & Henry Trott. The justices of said court of pleas & quarter sessions now sitting, David Williams [crossed out text] who being first duly sworn according to law, doth on oath say, that he served with William Mitchell the before named applicant for a pension in the war of the revolution thru several campaigns, the first the one in which Gates was defeated near Camden, the second the one in which the battle of Guilford was fought, & the third the one under Gen Butler in pursuit of the Tories & to rescue prisoners, which several campaigns being more particularly described in said Williams declaration for a pension. said Williams states that he was personally acquainted with said Mitchell during These several campaigns, that he remembers to have been said Mitchell at Livingston swamp in a skirmish there with the Tories & 300 Britich, & can testify that on that occasion, as in fact on all others, said Mitchell acted bravely & remained with Col Mabin when he refused to flee with the other whigs that fled. said Mitchell, he believes, was, from the time he entered the first campaign in the month [^as he thinks of] July 1780. [illegible] & constantly engaged in the service of his Country until the close of the war.
David Williams
Sworn to & subscribed the day & year aforesaid }
J R Laughlin, clk.

And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interogatories prescribed by the War Department, that William Mitchell the above named applicant was a revolutionary soldier, and served as he states. And the court further certify, that it appears to them that William Eagleton who has signed the preceeding certificate, is a clergyman resident in the county of Rutherford & state of Tennessee; and that Jonathan Currin who has also signed the same, is a resident in the same county & state, & is a credible person, & that their statement is entitled to credit.
H Trott
Saml. Jones
V. D. Cowen
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10.
State of Tennessee }
Rutherford County }
Court of pleas & quarter sessions 
August term, 1832.

I. John R Laughlin clerk of said court, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Mitchell for a pension.
In testimony whereof I have hereunto set my hand & seal of office this 23d day of August, 1832.
John R. Laughlin, clk


Amended proceedings & declaration of William Mitchell Sr. state of Tennessee, Rutherford County, circuit court, April term 1833.
On this 1st day of April 1833, in open court before me James C Mitchell on [one] of the Judges of the circuit courts for the state of Tennessee, now sitting for the county of Rutherford, personally appeared David Williams and made oath, that the preceeding statement, heretofore made by him on oath as to his personal knowledge of the services of William Mitchell Sr (the preceeding applicant for a pension) in the American revolution, is substantially true, & that said statement was by him said Williams sworn to & subscribed in open court as it purports.
David Williams
Subscribed & sworn to the the day & year last aforesaid}
Wm. Ledbetter Clerk'

And the said James C. Mitchell judge as aforesaid doth hereby certify, that David Williams who has sworn to & subscribed the above is a credible person & that his statement is entitled to full credit
J C Mitchell

On this 1st day of April 1833, in open court before me James C. Mitchell Judge as aforesaid, personally appeared William Mitchell Sr who being duly sworn, deposeth & sayeth, that by reason of old age, & the consequent loss of memory, he can not swear possitively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned before, & in the following grades: For one month & two weeks I served as a private under Capt McMullen, Lieut David Mitchell, under col Willaims to whose regiment I belonged until he fell at Kings mountain when Col Cleveland took command. In my original declaration in the campaign here last above mentioned, my services are stated to have been for ten or eleven weeks, but upon reflection I find the period of my services was longer as here stated. For two months I served in the company first commanded by Capt McMullen who returned home shortly before the battle of Guilford Court house when Hargis took his place, David Mitchell ensign. On joining Gen Green I was attaached to Col Moores regiment. For five months I served as a private
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in the campaign against [hard to read: against the british under] Fanning. I was first in this campaign under Capt McMullen, David Mitchell Lieutenant, Moore Colonel, secondly I served in Col Taylors regiment, & Kell was made Capt over the company to which I was attached. And lastly when I served as a substitute [illegible] Waite I was under Capt Harrison. I can not state with any precision the length of my service under each of the Capts [illegible] above named, but I know that my service was continued from the first to the last under Harrison I suppose the service under McMullen was about two & and half months, & my service under the other two Captains about one month & three or four weeks to each. For two months I served as a private in the quarter master department but at different Times. And for such service in all thirteen months & 4 weeks, I claim a pension.
Wm Mitchell Sr
subscribed & sworn to before me this 1st day of April, 1833}
Wm Ledbetter Clerk

I, William Ledbetter, clerk of the circuit court of Rutherford county & state of Tennessee, do hereby certify that the foregoing after the last signature of John R Laughlin Clk contains the amended proceedings of said court in the matter of the application of William Mitchell Sr for a pension,
In testimony whereof I have hereunto set my hand & seal this 1st of April, 1833.
Wm Ledbetter
Clerk
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8196
William Mitchell
from 1780 [illegilbe] July private
13 month, 28 days
[illegible] 3 ms 14 days. 14.50
Pr. July 10 [illegible] 35.-
$49.50
5.14.16
P.289.
West

11 march 
[crossed out: Samuel anderson]
Wm Ledbeth
murfreesboro
[illegible]
[crossed out: Anderson & Hoover]
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8195
BRIEF in the case of Willaim Mitchell
County of Rutherford in the State of Tennessee
(Act 7th June, 1832.)

1. Was the declaration made before a Court or Judge? 
Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 
[blank]

3. How old is he? 
68

4. State his service, as directed in the form annexed.

[column headings: Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.]
1. Vol In 1780 July. not stated. As a private. Capt. J. Graves, Col. Collier, Gen. Butler, Gen. Gates -
2. Vol 1781 Han. ten or eleven weeks not stated. ". Capt. J. Mcmullen, Col Willaims.
3. Capts. J. Mo.mullen & S. Hargis Gen. Green.
4. Sub. not stated. ". Capt. Mcmullen, Col moo
[end of columns]

5. In what battles was he engaged?
Gates defeat, Kings Mountain, Guilford Ct. House, Livingstons swamp

6. Where di he reside when he entered the service?
Caswell Cy. N.C.

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?
traditionary & witness

8. Are the papers defective as to form or authentication? and if so, in what respect?
The declaration is not attached to the clerk's seal as requested.

I Certify that the foregoing statement and the answers with the evidence in the case above mentioned.

F. Waugh Examining Clerk.
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Wm Mitchell
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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 William 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?
[blank]

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?"
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? yes

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

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?
a witness

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? No
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
[blank]

XV. Does it appear from any of the papers that the witness was in such a situation, or of such and 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? 
yes

EXPLANITORY 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 [blank] year [blank] months and [blank] days, I served as a [blank]. For [blank] months and [blank] days, I served as a [blank]; 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 be 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 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 or the certifying officer, so as to prevent any paper from being improperly attached to the certificate.



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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4221.
Rev War INVALID.

File No. 4221
William Mitchell
Prv. N.C. line

Act: June 7, 732
Index:- Vol. A, Page 257
[Arrangement of 1870.]