Revolutionary War Pension and Bounty Land Warrant Application File S. 11,087, for William Mitchell, New York

SERVICE
NUMBER _____
New York
Mitchell William
811087
Carded
CONTENTS

No 21 New York
William Mitchell
of Newburgh in the State of New York who was a Private in the Comp y commanded by Captain Smith of the Regt. commanded by Col. Wardemburgh in the New York line for 10 months and 21 days
Inscribed on the Roll of New York at the rate of 33 Dollars 88 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 day of Oct. 1833 and Scotts M. Camp Newburgh
Arrears to the 4th of Sep r 33 $ 84 70
Semi-ant. allowance ending 1 st M ch 16 94
$101 64
{ Revolutionary Claim, } Act June 7, 1832. } S. C. Stiles Clerk,
Recorded by Book E. Vol. 4. Page 9.

William Mitchell
13.11
[Faint, mirrored handwriting from the reverse side of the page, likely bleed-through from the next page.]

State of New York Orange County
twentieth day of September in the year of our Lord one thousand eight hundred and thirty two personally appeared before me  Gilbert Ogden Fowler one of the judges of the judges of the court of common pleas in and for the county aforesaid now sitting at the  office of  Walter C.  now sitting in the village of Newburgh in said county said  William William Mitchell resident of the Town of Newburgh in the county aforesaid aged seventy three years who being first duly sworn according to law doth on his oath make the fol- lowing declaration in order to obtain the benefit of the act of Congress Passed June 7th 1832
That he entered the service of the United States under the following named officers as served as herein stated
In the month of July in the year one thousand seven hundred and seventy six he enlisted in a company of Militia of which Arthur Smith of the Town of Newburgh afor- said was captain Isaac Fowler Lieutenant and Daniel Clark Ensign belonged to Colonel Hough's  said Company regiment and after his death to  the  regiment  said  regiment  said  regiment  said  regiment was ordered to Fort Montgomery situated on the West side of the Hudson River in the High Lands Captain Moody with his com- pany of Artillery was there Col Lewis Dubois was there with his Regiment of Continental troops and Captain John Belknap with his company of Infantry raised for one year General George Clinton commanded John Knippen whose affidavit is hereto annex- ed was also there at the same time with detachments and belonged to Belknap's Company He remained

there one week and then  were then ordered to Fort Constitution and remained there one week whilst at Fort Montgomery we were em- ployed in erecting fortifications In the month of of May 1777 a detachment of our Com pany of which I was one was ordered to Fort a company formed of detachments from diff- erent companies and proceeded to Fort Mont- gomery aforesaid the said detachments were still its men and volunteers to serve in said company my three months James Clark was captain William Ostrander was En- sign of said company Joseph Ward Sargeant Major and Jacob Deyo now deceased was Sargeant Said company belonged to Col onel Ward  Ward berghs Regiment We went to said Fort by Water from Newburgh as We had done on our preceding tour we were employed there in cutting fascines and erecting fortifications I remained at the fort near three months and then returned home before the company by fur- mission of the officers having been taken sick and remained so some time afterwards af- ter the expiration of the said three months the term of my last service the company of another Smith to which I belonged was ordered out to prevent the British from landing in passing up the River with their fleet which they did soon after taking Fort Montgomery our company lay near Cones Point about six miles above Newburgh when the enemy passed up we continued on this duty about three weeks in all and until the enemy had passed down the River which they did after having burnt Preston on the twentieth day of October they made a halting of Kingston on this occa- sion all of the militia were ordered out and Dub

the River which they did after having burnt Kingston on the twentieth day of October they made a bonfire of Kingston on this occasion all of the Militia were ordered out and Dubose's Regiment of Regulars with several Regiments of Militia proceeded up the River until within a short distance of Kingston they were then  detached shortly after about the first of November a detachment of our said Company of which I was one was ordered to Nicholls Company Point to join the company of Captain Serpining John Knippen whose affidavit is annexed was there and acted as orderly Sergeant Deponent does not recollect the names of any other officers of said Company Captain Drake's company of Militia was there also and some other Militia Companies whose Captains Deponent cannot recollect we served on Nicholls Point erecting fortifications two months there were some Continental troops there also under the command of General George Clinton who served on Nicholls Point about two months until the first of January 1778 and were then discharged Deponent recollects that a Frenchman was the Engineer who superintended the erection of the fortifications Some time in the spring of the year 1778 in the month of March or April Deponent believes from the circumstance of there still being ice in the River he was ordered with a detachment to West Point to join the Company of Captain M'Intosh which was composed of detachments from different Militia Companies there was at the time a great many Militia men at the Point but Deponent cannot recollect the names of their officers nor can he remember the names of the Continental officers Deponent well recollects there were Continental troops there but does not recollect who commanded them On the day of the Battle of Monmouth Deponent was on a height which overlooks Fort

Potomac and the surrounding country and it could distinctly hear the distant sound of Can- non Shortly afterwards two regiments of Continental Troops proceeded from West Point Southward to reinforce the American Army They crossed over to Robinsons dock a little below the Point We were employed at the Point in erecting fortifi- cations and remained there one month and were then discharged On the twenty seventh day of August in the year one thousand seven hundred and seventy eight deponent was ordered with a detachment of the company of Captain Smith to which he belonged to Mamah at- ting on the Indian frontier We were comman- ded by Captain Samuel Clark one Johnson was first Lieutenant and Foster second Lieut- enant we staid there one month and returned having served out our time whilst there a de- tachment of said company was sent out about sixty miles in the Wilderness in pursuit of the Indians They took some prisoners and retaken some cattle and brought them to Kepneroy Isaac Demott whose affidavit is annexed was along at the time and served in the same Com- pany In May one thousand seven hundred and seventy nine deponent was again order- ed with a detachment to Kepneroy on the Indian frontier and was attached to a company under the command of Captain Compton Deponent cannot recollect the names of the other officers except Cleager Gedney Deceased who was orderly sergeant We remained there one half month and then returned Deponent was again ordered to join a detachment at Kepneroy under the command of Ensign John Crowl We remained there one month and return- ed Deponent was again ordered to join a Cleager Gedney now deceased was orderly ser- geant in this company

Kepernoy under the command of Colonel We remained there one month and returned Deponent was again ordered to
Deleger Givney now deceased was orderly ser- jeant in this company also In April one thousand seven hundred and eighty deponent was again ordered with a detachment from said Company to Warwasink on the Indian frontier General Isaac Robinson now deceased commanded the Company to which we were attached. We remained in service at this time one half month and then returned and deponent also saith that the Militia of that part of the Country to which he belonged were divided into detachments one of which for our Company were in actual service during the War That owing to the Country of Orange being almost surrounded by the Enemy and partly infested with Tories we were almost continually under arms to resist the hostile incursions of the Enemy. depon- ent also saith that he has not in his possession or within his power any other evidence of his ser- vices than the affidavits herunto annexed and deponent also saith in answer to interrogatories put to him by said Court that he was born in New Burgh aforesaid in the year one thousand seven hundred and fifty nine that he has a record of his age at home in his family Bible that he lived in Newburgh aforesaid when he enter- ed the service and lives there now that he was ordered into service as a Militiaman that the names of the regular officers who were with the troops when deponent served are set forth in the preceding affidavit the Continental and Militia regiments which deponent can recollects are also set forth in this affidavit and also the General Circumstances of his service that he re- ceived a verbal discharge and no other that deponent is known to John Sniffin and Isaac Dewitt who served with this deponent and also General Leonard Smith who served at the same

time and whose affidavits are herunto annexed who can testify to his character for veracity and their belief of his services as a soldier of the Revolution
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
William Mitchell
Sworn to and subscribed - } this tenth day of September 1832 } before me Gilbert Ogden Fowler } Judge of the Court of Common Pleas in and for Orange County.
Orange County ss In addition to the Preceding affidavit the said William on his oath saith that by reason of bodily weakness and infirmity occasioned by old age he will not be able to attend the next Court of Common Pleas to be held in said County or any other Court of Record in the opinion of this Deponent
Sworn to & Subscribed this tenth day of September 1832. before me Gilbert Ogden Fowler One of the Judges of the Court of Common Pleas in and for Orange County.
William Mitchell
William Mitchell
White County - 3 p ... of the ...

Ulster County - 3 p
John Knapp of the Town of Marlborough County and State aforesaid being duly sworn deposes & saith that he is well acquainted with William Mitchell of the Town of Newburgh whose affidavit is annexed & has been acquainted with him upwards of fifty years. That he knew the said William in the service of his country as a Militia man in the Revolutionary war both at Fort Montgomery and Newburgh Point and when he was out as a guard to prevent the British from landing on the shores of the North river & deponent also saith that the said William when at Fort Montgomery was in the three months service that he was in the two months service in the company of Captain Tarsen in which deponent was ordered sergeant on Newburgh Point & that said William served about three weeks on the shore in a battery commanded by Captain Arthur Smith in which deponent was a sergeant and deponent also saith that said William Mitchell is a

a Credible Witness Sworn this 8 th day of August 1832 before me Gabriel Bennett Justice
J D Hopley First Judge of - John F. Houlgrave Ulster County -
State of New York Ulster County } I hereby certify that I am personally acquainted with the above named John F. Houlgrave who has this day subscribed and sworn to the above affidavit before me that he is a man of good character and entitled to full credit as a witness - September 8 1832 -
J D Hopley First Judge of Ulster County
Ulster County ss Clerk's Office } I, Albert Snyder Clerk of the County of Ulster and Clerk of the Court of Common Pleas of Ulster County do hereby certify that Alexander D. Dyer Esquire was on the day of the date of the Cer- tificate to the above and foregoing affidavit First Judge of Ulster County and that I am well acquainted with the handwriting of said Dyer and truly believe his signature to said Certificate to be genuine In Testimony whereof I have hereunto subscribed my name and affixed the seal of said Court and County this first day of July 1833.
Albert Snyder
Orange County } personally appeared before

Orange County } for personally appeared before me Gilbert Ogden Fowler one of the Judges of the Court of Common Pleas in and for the County aforesaid Isaac Demott of the Town of Hurd Borough to me personally known to be a credible witness who having been by me duly sworn according to law doth say that he was intimately acquainted with William Mitchell whose affidavit set as annexed in the Revolutionary war that he has heard said affidavit read and knows all that part of it which relates to the service of the said William in the month of September 1778 and on the shore of the North River in the year 1777 is true Deponent was in the service with the said William at Manhattan Batture in September 1778 & also on the shore in 1777 according to the best of his recollection & belief tho' he should not have recollected the service last men- tioned if he had not been reminded of it. I further this Deponent saith that he lived a Neighbour to the said William during said war and knows that he was almost always in the service the Deponent cannot now re- collect the particular times or occa- sions.
Sworn this first day of September before me Gilbert Ogden Fowler one of the Judges of the Court of Common Pleas in and for Orange County.
Heard
X Demott mark

I Gilbert Ogden Fowler a Judge of the Court of Common Pleas In and for the County of Orange where the defendant declarant resides do hereby certify that William Mitchell the abovenamed declarant will by reason of old age and bodily Infirmities be unable to attend the next Court of Common Pleas or any other Court of Record to be held in and for the County aforesaid & have therefore attended at the office of Walter Burr Esquire in the Village of Newburgh where the said William personally appeared fore me and having heard the Proofs and allegations made of the said William & has answers to the Interrogatories rendered by the Secretary of War to be specially put & the affidavits herunto annexed do hereby declare my opinion that the above named appli- cant is not will not be able to attend the next Court of Common Pleas to be held in said County & that said applicant was a Revolutionary Soldier and served as he he states — and I also certify that it appears to me that Daniel Holmes who has signed the annexed certificate is a Clergy- man resident in the said Town of Newburgh and that Isaac Bellknap who has also signed the same is a resident of the same Town and is a credible person and that their statement is entitled to credit —
Gilbert Ogden Fowler.
Dated September 19 th 1832.
William Mitchell
of the Gospel Residing in the Town of Newburgh

Orange County ss. We named Holmes a Minister of the Gospel Residing in the Town of Newburgh county and State aforesaid and Isaac Belknap of the same place do certify that We are well acquainted with William Mitchell of the Town of Newburgh aforesaid who has sub- scribed and sworn to the above declaration hereto an- nexed that We believe him to be seventy three years of age that he is upright and belie- ved in the neighbourhood where he resides to have been a soldier of the Revolution that We concur in that opinion
Sworn to and subscribed this fifteenth day of September 1832 before me
Daniel Holmes
Gilbert Ogden Fowler one of the Judges of the Court of Common Pleas in and for Orange County.
Isaac Belknap

William Mitchell
John Sumner Clerk of the Court of Wards & Liveries

Clear
I Asa Dunning Clerk of the Court of Common Pleas in and for the County of Nassau aforesaid do hereby certify that Gilbert Ogdin Fowler who signed the preceding certificate as a Judge and before whom the preced- ing affidavits of William Mitchell Isaac Demott and  and  Elizabeth  Abigail Holmes and Grace Bellknap were sworn to and subscribed was on the tenth day of September 1832 a Judge of said Court of Common Pleas and still is a Judge of the same and that the said Court is a Court of Record and that the signature of Gilbert Ogdin Fowler subscribed to said certificate and affidavits respectively is the genuine signature of said Judge
In testimony whereof I have hereunto to set my hand and seal of office This 22 d day of September 1832 — Asa Dunning

13.181
William Mitchell Orange Co. N York
Admitted Private 10 mo & 5 days e & j.
33.88
84.70
16.94
Walter Case Newburgh

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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of William Mitchell
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     July 1776 Militia Private Capt Smith 73 years Inventory   May 1777 " " " 3 " Ensign Atkinson Newburg a Colley   " Capt Wardenburg New York 2 living witnesses   21 " Capt Smith   2 " Capt Terpening   Oct 1778 1 " Capt Minton   Aug 1778 1 " Capt Clark   May 1779 15 " Capt Cochlin   1780 1 " Ensign Crowl   15 " Genl Morris  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, musicians 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 having 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 } ss. County of }
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 7th, 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 names 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.
A. B.
[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 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 or 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 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 Soldier. { 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 traditional 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 enquiry 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.
[a] 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. Infirmity
[b] 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.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] 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 _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; 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 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] 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.
[j] 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Revised
11087 INVALID.
File No. 11,087
Williams Mitchell Pr. Rev. Ind.
Act: June 7 th 32
Index: Vol. R , Page 258
[Arrangement of 1870.]

Wm Mitchell affidavit —
affidavit of Wm Mitchell

State of New York & Orange County }/
Supplementary affidavit
Personally appeared before me Wm. H. Gayle a Justice of the Peace in and for Orange County William Metcalfe to me personally known to be a credible person who having been duly sworn deposes and saith that in the month of July 1776 he belonged to the Company of Militia commanded by Captain Arthur Smith of which Company Isaac Fowler was Lieutenant Daniel Clark Ensign - said Company at that time belonged to the Regiment of Colonel Jonathan Hasbrouck who owned and possessed the House at Newburgh which was afterwards Washington's head quarters - He died about the year 1778 and was succeeded in the Command by Colonel Jonathan Hasbrouck Deponent served with said Company one week in said month at Fort Montgomery and one week at Fort Clinton - on the month of May 1777 a detachment of said Company of which I was one was ordered to join a company formed of different detachments and proceed to Fort Montgomery Samuel Clark was Captain of said Company William Strander Ensign Isaac Ward Sergeant Major and Jacob De Groot Sergeant I volunteered to serve in said Company three months and served accordingly at Fort Montgomery except a few days that I was sick before my term of service had expired not exceeding one week. Deponent was discharged on account of sickness and continued sick at home a long time.

3. 14
the his return - Said Company belonged to Glendonburgh Regiment when in actual service In the Month of October 1777 after Fort Montgomery had surrend- ered to the Enemy the said Company of Artillery Smith to which I belonged was ordered out to prevent the British from landing on their passage up the river - We were sta- tioned at Downes Point six miles a- bove Newburgh and remained there three weeks - on the first of November thereafter a Detachment of said Company of which I was one was ordered to Duchs Point to join the Company of Captain Serpence of the Regiment of Loyalist Flanders aforesaid John Sniffen whose affidavit is annexed was order- ly Sergeant of said Company I served on Duchs Point with said Company until the first of January 1778 and was then hono- rably discharged having served two months In the month of March or April Deponent was ordered with a Detachment of said Com- pany to West Point to join the Compa- ny of Captain Minton of Mclough- ys Regiment (according to Deponents rec- lection and belief) which was compos- ed of detachments from other Companies We were employed in erecting fortifications one month and were then discharged on the twenty seventh day of August in the year 1778 Deponent was ordered with a Detachment of the said Company to Manhattan on the Indian frontier We were commanded by Captain Clarke one Johnson was first Lieutenant and
2
4
1
7.5

For the second we served at this place one month and were honorably dis- charged having served out our time For the month of May 1779 Deponent was again ordered with a detachment of said company to Defiance and was placed under the command of one Captain Conklin of Hardenbergs Regiment. Please to say that I was order- ed sergeant I served at that place in said company one half month In the month of November 1779 I served one month under the command of Captain John Brown one Captain Johns was then sergeant there was no Captain stationed at that post at this time In April in the year 1780 Deponent was again ordered with a detachment of said company to Warwarsing on the Indian frontier under Captain Robison commanded the comp- any - We remained in service at this time one half month and then returned - and Deponent so saith that there are no other witnesses than those whose affida- vits are annexed living who served with deponent in the Revolution

any hour — according to his recollection on and belief —
Sworn and subscribed to me William Mitchell 17th day of June 1833 before me
Ward M. Fisher Justis — the same
John Mitchell affidavit —

State of New York Orange County 7/8
Personally appeared before me Edward G. Gable a Justice of the Peace in and Colbert Green Justice of the Peace of the court of for Orange County Common Pleas in and for Orange County Matthew Gropsey to me personally known to be a credible witness and having been du- ly sworn clothed before me and say that he is personally acquainted with William Mitchell who swore to and subscribed the preceding affidavit - and has been acquainted with him upwards of six years and has always lived within five or six miles of the said William - Depo- nent served with him as private soldier with the said Mitchell in the year 1779 at Depot on the Indian frontier un- der the command of Captain Conklin one half month - John Brown was En- sign and Ebenezer Gidney Orderly sergeant Colonel Hawthorn commanded the Regi- ment stationed along the frontier accord- ing to the best of Deponent's recollection and belief - We rendered the service a- bove mentioned in the month of May of the year aforesaid & the said Mitchell continued to serve until we were dis- charged which was one fortnight after all belonged to a detachment from Cap- tain Arthur Smith's Company and I belonged to a Detachment of Captain Bates Company of Militia both of which

belonged to Colonel Hardenbergh's Regi- ment and deponent also saw the Militia of that part of the country In which the said Mitchell resided in the Revolutionary war were almost always in service by detach- ments - Deponent often heard that the said Mitchell was in service in the Revolutionary war Every able bodied man was obliged to turn out and de- ponent has heard the affidavit of the said William Mitchell read and be- lieves it to be true Deponent has been Intimately acquainted with the said William a great many years and knows him to be a respectable man of undoubted veracity
Sworn to & Subscribed this 8 27th day of June 1833 before me
Matthew Cropsy
Ward of Peace Justice of the Peace

William Mitchell
... six days that he was sick at the
1/2
Walter Bass Newburgh Agent
Feb. 48-

State of New York Orange County } ss
5
Personally appeared before me Ward M c Farley a Justice of the Peace in and for the County aforesaid Richard Robertson to me personal- ly known to be a credible Witness who having been duly sworn doth depose and say that he is eighty two years of age and has been acquaint- ed with William Mitchell who subscribed swore to the annexed affidavit upwards of sixty years - In the month of May in the year 1777 a detachment of Captain Clark's Com- pany of Newburgh to which I belonged was ordered to join other Detachments from Com- panies belonging to the same Regiment and proceed to Fort Montgomery to serve at that place three months - The said Capt- ain Samuel Clark commanded said Com- pany at Fort Montgomery - William Palmer and Francis Handmore were Lieutenants of said Company Joseph Ward was Sergeant Major William Ostrander Ensign Jacob De- Grout and Dispersant were the Sergeants said Company when in actual service belonged to a Regiment under the immediate Command of Lieu- tenant Colonel Jonathan Hardenburgh He was the Lieutenant Colonel when at Home of the Regiment of Militia commanded by Colonel Jonathan Harkness who owned the House in Newburgh afterward oc- cupied by General Washington as his head Quarters - That said William Mitchell belong- ed to said Company of Captain Clark and served therein three months except about five or six days that he was sick at the

=end of his term of three months which caused him to return home a day or two before our said company was discharged according to the best of deponent's recollection and belief - Deponent also saith that he was in the service in the said company of Samuel Clark at Donscumber Point when the British fleet passed the up the North River - That the company of Captain Arthur Smith to which the said Mitchell belonged was at or near the same place at the same time and that said Mitchell was in service as a private in said company at the same time - Deponent served at the place aforesaid three weeks and he believes the said Mitchell remained there the same length of time - Deponent in his application for a pension did not state this service because he was advised that it would not be allowed unless proved by two living witnesses - The said Mitchell is the only witness of said service now living to the best of deponent's recollection and belief and he cannot remember that he saw him out on sentry duty - and Deponent also saith - That he served at West Point in the Spring of the year 1778 Deponent served eight weeks at West Point on furlough duty in assisting to erect fortifications - The said Mitchell was at the Point engaged in the same service at the same time but how long he continued there depo

ment cannot distinctly recollect but will recollect that the said Mitchell continued there four weeks at least & deponent also saith that so great was the scarcity of men in this section of country that every able bodied man was obliged to be in actual service at least one half his time and as the said William Mitchell was known to be a staunch loyalist never flinched from duty deponent has no doubt but that he was engaged in the service as stated in his preceding affidavit
Sworn to & subscribed
This 8th day of July
1833 before me
{ Richard Albertson
Wardell Fallacy
Justice of the Peace
I Asa Dunning Clerk of the Court of Common Pleas in and for the County of Orange do hereby certify that Edward M c Gale before whom the Supplementary affidavit of William Mitchell. The affidavit of Matthew Gropsey and the affidavit of Richard Albertson herunto prefixed were subscribed and sworn to on the respective days when said affidavits were subscribed and sworn a Justice of the Peace in and for Orange County and that the name of said Justice subscribed to said affidavits respectively is his genuine signature.

In Testimony whereof I have hereunto sub- scribed my name and affixed my offi- cial Seal this 13 th day of July 1833 J. D. Manning Clerk
William Wetmore
Walter Bass J. D. Burgh Agent
fol. 40-