Revolutionary War Pension and Bounty Land Warrant Application File S. 18,982, for Benjamin Mitchell, Massachusetts

SERVICE
NUMBER
Mass. Mass. Sea Service
Mitchell, Benjamin
S. 18,982
CONTENTS
carded

33.195
Maine
Benjamin Mitchell, was, of _____ in the State of Maine who was a Private in the _____ commanded by Captain _____ of the _____ commanded by _____ in the Revolution time for 8 mos 16 days Mass & Mass Sea Service
Inscribed on the Roll of Portland at the rate of 28 Dollars 58 Cents per annum, to commence on the 4th day of March, 1831. & End 28 3/4 March 1841
Certificate of Pension issued the 6th day of Jan'y 1854 and sent to A. H. Markland
Arrears to the 4th of Semi-annual allowance ending
Present
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Weightman Clerk, Book 6 Vol. 1 Page 35

Oct. 6, 1853.
Add. ev. in case of Sarah Mitchell, decd., widow of Benjamin.
✓
A. H. Markland, Present.
Recd Oct 6 th 1853

STATE OF MAINE.
CUMBERLAND, ss.
Clerk's Office, Supreme Judicial Court,
PORTLAND October 1 A. D. 1853
I, Charles C. Harmon,
CLERK OF THE SUPREME JUDICIAL COURT,
for said COUNTY OF CUMBERLAND , being a Court of Record, do hereby certify that
G. Waterhouse
is and at the date of his certificate to the paper hereto annexed, was an
Acting Justice of the Peace.
within and for
the County of Cumberland
as appears by the paper hereto annexed; that he is DULY COMMISSIONED and qualified to administer oaths and take acknowledgements of deeds and other instruments in writing, in the County aforesaid—and that the following SIGNATURE, purporting to be his
GENUINE.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the said Supreme Judicial Court, for said State, the day and year first above written.
C. C. Harmon Clerk.

Town Clerk's office Cape Elizabeth Sept. 30. 1853 I Enos H. Dyer of Cape Elizabeth, County of Cumberland & State of Maine on oath testify and say, that I hold the office of Town Clerk in said Town, legally chosen & sworn, that I have in my possession the books of record of mar- riages of said town, that in one of the original books I find the following entry viz.
"This may certify that M c Benjamin Mitchell and Miss Sarah Fogg both Cape Elizabeth, were lawfully married, May Twelfth Seventeen Hundred and Eightyfive - Attest Ephraim Clark Pastor of a Church.
Recorded for David Street Town Clerk. Enos H. Dyer Town Clerk. I the above named Enos H. Dyer on oath testify and say that the above extract is a true copy of the original record of the marriage of Benjamin Mitchell and Sarah Fogg, with the exception of the dates which are expressed in fair legible figures thus May 12th 1785 - Attest Enos H. Dyer Town Clerk of Cape Elizabeth - State of Maine.
County of Cumberland S.S. Sept 30th. 1853.
Then personally appeared the above named Enos H. Dyer, who is town Clerk of Cape Elizabeth and made oath in due form of law to the truth of the foregoing extract, and affidavit by him signed in my presence, or
Before me, H. Waterhouse Justice of the Peace & Deorum, & Notary Public

I Sarah M c Graham of Portland in the county of Cumberland and State of Maine of lawful age, on oath do testify and say, that I was brought up in the vicinity of Chebeague Island, that I was personally & well acquainted with Mr. Benjamin Mit- chell, and his wife Sarah Mitchell, and their children, that Mr. Benjamin Mitchell was reported to have been a sea-man & soldier in the war of the Revolution, that he made application in his lifetime for a pension, for his Revolutionary service that he died on the twenty eighth day of March A.D. eighteen hundred and forty one, to my certain knowledge, on said Chebeague Island that his wife Sarah Mitchell survived her said husband, and did not again marry after her husband's death, that she lived as a widow, and died a widow at present to my certain knowledge on the twenty first of March A.D. eighteen hundred and forty three that Susan Noble, who is now dead, was living at her death was her child, also Benjamin Mit- chell, Lucy Noble, Lydia Gray, and Caroline Noble are the children of said Benjamin & Sarah Mitchell deceased and their only surviving children.
Witness: Sarah M c Graham
Sarah M c Graham

State of Maine County of Cumberland. S.S. Sept 30 th 1853. Then personally appeared the foregoing named Sarah M. Graffam, who is personally known as a credible witness and made oath in due form of law to the truth of the foregoing affidavit by her signed.
Before me,
As c  Wolstenhouse Justice of the Peace , & Notary Public

State of Maine, County of Cumberland, S.S. September 30th, 1853. Then the above named Robertson Dyer, who is a credible witness, made oath to the affidavit by him signed. Before me, A. Waterhouse, Justice of the Peace

I certify that it has been satisfactorily proved to me in open court that Benjamin Mitchell & Sarah Fogg both of Cape Elizabeth in the county of Cumberland & state of Maine were lawfully married May 12 th 1821- that said Benjamin died on Chebeague island in the city of Portland on the 28 th of March 1841, & that Sarah Mitchell his widow died at Falmouth in said county of Cumberland March 21. 1843 without having again married & that they left Benjamin Mitchell, Lucy Small, Lydia Fogg & Caroline Kenzie their children & their only surviving children. and it was further proved by satisfactory evidence that the above-mentioned Benjamin Mitchell the latter was related to have been a seaman & sailor in the war of the revolution
Asahel Mear
District clerk of the U.S. for the District of Maine
Oct 1. 1853
***

United States of America Maine District p.
District Clerks Office
I hereby certify that the Honorable Ashur Ware before whom the foregoing proceedings were had is Judge of the United States in and for Maine District and that the several signatures thereto purporting to be his are genuine and that said Court is of Court of Records
In testimony whereof I have hereunto set my hand and affixed the Seal of said District Court this first day of October in the year of our Lord one hundred and fifty three Wm P. Preble p Clerk.
U. S. Dist. Court. Maine
Ms. A. 9. 2. 22 p. 11

31.472
Beng. Mitchell's application for a Pension -
✓

UNITED STATES OF AMERICA.
MAINE DISTRICT SS.
At a Special District Court of the United States begun and holden at Portland, within and for said District, on the seventh day of May A. D. eighteen hundred and thirty- three before the Honorable ASHUR WARE, Judge of said Court.
On this seventh Court before said District Judge Cumberland aged seventy one 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
Benjamin Mitchell a resident of Cumberland in the county of Cumberland in said Maine District,
entered the service of the United States under the following named Officers and served as herein stated - viz: That in January 1776 as he believes at Cape Elizabeth, he enlisted for nine months in a company of State troops commanded by Capt. Morton in Col. Mitchell's regiment, and was stationed with said company at Cape Elizabeth, near Falmouth now Portland and served there till October of that year when he was discharged or rather dismissed with the company - he thinks in October - That he served not less than the term of nine months, as a private soldier in said company. - That afterwards in July 1781 he entered on Board the Sloop Defiance, a State vessel, commanded by James Revere, and served on board said Sloop two months. He was He was discharged at Boston - and had a written discharge, but has lost it - he has no documentary evidence of his said services, nor any testimony of any person he can procure except the deposition of John Skinner, who was a Sergeant in Capt. Mortons Co. at Cape Elizabeth, nor does he know of any other person whose testimony he can procure. He would refer to Henry Hsley and Isaac Hsley Esq., the former Collector of Portland as persons who can testify to his character for truth and veracity - He lives on an Island belonging to Cumberland, in Casco Bay - He knows of no Clergyman, who can testify as to his character -
he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on any pension roll of any agency in any State, or (if any) only on that of the agency in the State of
Benjamin Mitchell
Sworn to and subscribed, the day and year aforesaid. Before
Ashur Ware
U. S. Judge for the District of Maine.

The said Benjamin Mitchell, in answer to the interrogatories put by the War Department would further state that he was born at Cape Elizabeth Dec r 8 th 1761 - And thinks there is a record of his age in that Town. He lived in Cape Elizabeth when first called into the service, and continued to reside there till the year 1800 - when he removed on to Sebec Island, in Care Bay - When he has ever since resided I now resides - That he received no written discharge from Capt. Cloutier 6 th - I have lost the one he had from the service in the Schoon Defiance - as he has before stated - Benjamin Mitchell
Subscribed & sworn to before me A. H. Wane { U. S. Judge for the District of Maine
And the said Court do hereby declare their opinion (after the investigation of the matter, and after putting the interrogatives prescribed by the War Department) that the above named applicant was a revolutionary soldier, and served as he states.
I, John Nussey Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Mitchell for a pension.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this third day of June A. D. one thousand eight hundred and thirty- four
John Nussey { Clerk of the U. States District Court for Maine District.

And Isaac Isley, both We Henry Isley of Portland do certify that I have been well acquainted with Benjamin Mitchell who has subscribed and sworn to the within declarations that he is a person I believe to be seventy one years of age and is a man of good character for truth and veracity, and his declarations on oath are entitled to full credit and belief.
Henry Isley
Isaac Isley
State of Maine Cumberland County ss. May 7. 1833. Then the above named Henry Isley and Isaac Isley subscribed and made oath to the truth of the foregoing affidavit, before me - And I do certify that they are credible and respectable witnesses Joseph Pope, Jus. of the Peace
State of Maine. Cumberland County, ss.
I H. D. Vaughan, clerk of the courts of Cumberland County, certify that Joseph Pope, is a Magistrate as above, and that the foregoing signature purporting to be his, is genuine.
In testimony whereof I have hereunto subscribed my name and affixed the seal of said County the thirty first day of May in the year 1834
H. D. Vaughan, Clerk

V
Hon. F. O. J. Smith AR

I Robert Mitchell of Cape Elizabeth in the County of Cumberland & State of Maine aged seventy one years in Feb y 22 nd in 1836 testify & say that Benjamin Mitchell of the Island of Great Sebecag is my brother that the first of June in the year of our Lord one thousand eight hundred and sixty six my said Brother Benjamin enlisted at said Cape Elizabeth in Capt. Morton's Company Col. Mitchell's Regiment in the War of the Rebellion as a substitute for my late Uncle Robert Mitchell, and was stationed at James Dyce's, at the Point of the Cape, under Sergeant Skinner and in there served out my said Uncle's enlistment, which was nine months, when said term was out said Skinner & his men, with my said brother Benjamin, all went home, or at least, went from Dyce's point to support they went home. I further say that my said Uncle Robert who had enlisted wished to go to clear up a farm, in lot of land, he had previously in Bennington  Bennington now South Berwick  South Berwick he agreed with my father for my said brother Benjamin to take his, said Robert's place in said Company, and Benjamin went as before stated & served out my said Uncle's term of enlistment. I further say that my said Uncle Robert died in Portland about twenty years ago at least.
I further say that my said brother after said term served in the Continental Army from July till the fall as I have before stated in my deposition before given - Robert Mitchell
Cumberland ss Jan y 11 th 1836 subscribed & sworn to before me John Anderson Justice I certify that the above deposition Robert Mitchell is a man of truth & his not while entitled to full credit John Anderson Justice

18982 INVALID.
File No. 18982
Benjamin Mitchell
Dr. A. N. ...
Act: June 7th 1898
Index:—Vol. 1 , Page 260
[Arrangement of 1870.]

Rejected Name Benjamin Mitchell
kl Idus clusfey
Aug 1836
do. Hon. J. O. S. Smith, Dec. 22-1836.
to same 1 Feb. 1837 } Rejected
do. to Hon. J. Anderson, April 18. 1837 - do. to Hon. H. O. J. Smith, H.R. Sept 8. 1837.

Benjamin Mitchell
Maine
act 7 June 1832
Rejected
See letter to Hon. M. H. Sibley, H. R. Jan. 11. 1838.

July 8 th 1853.
Act of Rev. in case of Sarah Soule, Benjamin Mitchell, Lucy Small, Lydia Frye, & Reazer, heirs of Benjamin & Sarah Mitchell.
Maine.
Act 7 th June, 1832.
A. N. Markland, Present.
DEPARTMENT OF THE INTERIOR, PENSION OFFICE. OFFICIAL BUSINESS

✓ N o 31.472; Benj: Mitchell dec. Maine.
Letter to.
A. H. Markland 3 rd Sept. 1853. A. H. Markland 21 st Oct. 1853.
Act 7 th June

Barnes Mitchell Jan 19. Me.
L. I.
Edwards
Low Pension
Washington
H. J. Smith
HN

Washington Jan 17/37
J. L. Edwards Esq Genl - Owens -
Sir - I beg leave to call your attention to the enclosed supplemental testimony in the case of Benjamin Mitchell
Most respectfully your obed Servt Francis J. Smith

Commonwealth of Massachusetts.
Secretary's Office, Boston :
June 24. 1853.
I hereby Certify, That, from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that The name of Benjamin Mitchell is borne on pay roll of Capt. Benjamin Larrabee Col's Freeman and Mitchell Oct. 28 th to Nov. 2 nd 1775. 6. days.
Also on Capt. Geo. Rogers (comp.) Col Mitchell's Regt. Nov. 13 th to 18 th 6. days
Also on Capt Ward Swift. Col. Freeman's Regt. Sept. 6 th 1778. 4. days.
✓ Also Sloop Defense Capt. James Stevens July. 30 th to Sept. 26. 1781. 1. Month 27. days.
The name of Robert Mitchell is borne on the Muster roll of the Officers and soldiers stationed on the Sea Coast of Cape Elizabeth and Scarborough, Capt Brian Morton, Feb. 5 th 1776. 24. days - as private.
Also same place, same service, same Capt. from Sept. 5 th to Nov. 25 th 1776. 2. Months 25 days as private.
corresponding to the present day of the month when left the service Feb. 1776.

Also on same plans, service, and Capt. "from the first day of June to the first day of Sept. 1776." as private.
Also on Muster roll of Capt. Caleb Robinson's Comp. Col. Loammi Baldwin's Regt. Dated Feb. 22 nd 1777. 300 miles from home when discharged.
And I further certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
T. M. Wright Secretary of the Commonwealth.

To the Secretary of Mass. Boston — Application of Caroline Keazer one of the children of Benjamin Mitchell and his wife Sarah Mitchell who survived her said husband, now both deceased , to the Secretary of the Commonwealth of Massachusetts, Boston, for the evidence of the Revolutionary service of Benjamin Mitchell her father in 1776. as a soldier, about one year, in Capt B. Morton's company, in Col. Mitchell's Regt. — also. served two or three months in 1781. under Capt. — on board the Sloop "Defence" —
This applicant states, that she believes her said father Benjamin Mitchell served as a substitute for his uncle Robert Mitchell under Capt. Bryant Morton, in 1776, in Col. Mitchell's Regt about one year, and also served 2 or three months on board the Sloop "Defence" — It is therefore respectfully requested, that the Secretary of Mass. Boston furnish all the evidence from Receipts for pay, either to her father Benjamin the Robert Mitchell the soldier, uncle, in 1776, & in 1781, or in the year that it appears, that said Benjamin Mitchell served for said Robert Mitchell and also on board any vessel in said war, from Books, Rolls, Receipts for pay, or other documents relating to Military & Naval, or service by sea rendered by said soldier which remaine in his Office, or his custody, for aid in the over

claim previously made in accordance with the act of June 7 th . 1832. which is still pending. Please forward the certificate of evidence of said services as set forth in this application to H. Waterhouse North Pownal, Maine. I herewith enclose your fee, as required by law. —
Caroline Breaze-
State of Maine Co. of Cumberland S.S. June 8 th D. 1853. Subscribed by the above named and sworn to.
Before me, H. Waterhouse J.P. & Notary Public.

Also on same place, service, and Capt. "from the first day of June to the first day of Sept. 1776." as private.
Also on muster roll of Capt. Caleb Robinson's Comp. Col. Loammi Baldwin's Regt. Dated Feb. 22 nd 1777. 300 miles from home when discharged.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wright Secretary of the Commonwealth.

To the Hon Secretary of War -
Benjamin Mitchell of the island of Great Island in the Town of Cumberland a County of Cumberland State of Maine to obtain the benefit of the Act of Congress of the 4th of June AD 1832 entitled "An Act supplementary to the Act for the relief of certain surviving officers and soldiers of the Revolution" on oath declares that he was a soldier in the Revolutionary War, that he served as he set forth in his applica- tion now on file at the War Department in the Pension Office, nine months at Dyer's Point in Cape Elizabeth under Sergeant Skinner as a guard, the Captain of the company was Bryant Morton. And he served in the Continental Shore Defense Capt. James Stevens Commander from July until fall as he has set forth in said application on file as aforesaid. That he served in said Morton's company as a substitute for his uncle Robert Mitchell during all his service at said Dyer's Point & until the said company was discharged and his wages were received by his said Benjamin father whose name was Matthew Mitchell. and that his said uncle Robert Mitchell has been dead many years & was never on the Pension Roll. The said Benjamin makes this his statement supplementary to his pension declaration now on the file at Washington as before stated. Benjamin Mitchell
Cumberland 8 Oct 19 th 1832
Subscribed & sworn to before me
John Bradburn Just Peace

Depo. of John Skinner for Benjamin Mitchell
other

State of Maine - Lincoln Co. I John Skinner of Lewiston in the County of Lincoln aged 81. years do depose testify and say that I was a sergeant in the Company commanded by Capt. Bryant Morton, Company, in the service of the Revo- lutionary troops, in the Massachusetts line in the year 1776 and we did duty at Cape Elizabeth and Falmouth for nine months or more. And I do know that Benjamin Mitchell of the town of Cumberland in the County of Cumberland in said State was a private in said Compa- ny and did duty there all of that time and I often served with him on guard and other duty. John his Skinner mark
State of Maine - Lincoln Co Jan'y 12. 1833 Then the above named Skinner came before me and made oath to the truth of the above deposition by him signed - Dan Read Just pean -
And I certify that the above named John Skinner is personally known to me and is a man of truth and veracity - Dan Read Just pean -

State of Maine Cumberland County, ss.
I M c D on & Haughan, Clerk of the court of Cumberland County, certify that Dan Read Nath l Groton & John Hinkley, are Magistrates as within, and that the foregoing signatures purporting to be theirs, are genuine as I believe.
In testimony whereof I have hereunto set my hand and affixed the Seal of said County, the third day of June in the year 1834.
M c D on & Haughan, Clerk.
Dispo. of John Shinner for Benjamin Mitchell

State of Maine County of Lincoln ss - May 9 th 1834
I Nathaniel Grooton a magistrate residing in the County of Lincoln & State of Maine hereby certify that I am well acquainted with Alexander Rogers of Georgetown, in the State of Maine! he is a revolutionary pensioner, and a man of truth & veracity and his statement under oath is entitled to full credit - I further certify that I well know Jeremiah Spinnery of Georgetown who is a revolutionary pensioner & know him to be a man of truth & that his statement under oath is entitled to full credit - In witness whereof I have hereunto set my hand the day & year aforesaid
Nathaniel Grooton Justice of the Peace for the County of Lincoln

I Alexander Rogers of Georgetown, Maine testify and say that in July 1781. I entered on Board the State of Massachusetts Sloop Defence H s Guns James Stevens Master Benj Slater 1 st Lieut. Asa Law, Sailing master Webb, G Beverly Boatswain John Dible Portland pilot — Strang of Boston, Gunner Josiah Wallace, Mortars Sylvester — Ayers prize Masters The Vessel was direct from Boston and I went on Board at Cox's head Kennebeck River as a Marine and continued until said on board until said Sloop was lost at Cross Island near Machias in Sept. 1781. That I have lately conversed with Benjamin Mitchell of Great Yarmouth town of Cumberland and am able to testify for a certainty that from his perfect knowledge of the circumstances of the Cruise that he was on board said Sloop until a few days before she was cast away when he went on board a prize which accompanied us to Machias and took the rigging and armament of said Sloop on board. Alexander Rogers
Georgetown Maine July 17. 1832.
Then the above named Alexander Rogers personally appeared and made oath to the truth of the foregoing statement by him subscribed before me John Hinkley Justice of the Peace

I Jeremiah Spinney of Georgetown Maine testify and say that I went on board the Sloop Defence mentioned in the within deposition in company with Alexander Rogers that I have lately conversed with Benj Mitchell of Great Sebago and know for a certainty from his perfect knowledge of the circumstances of the Cruise that he was on board as stated in Mr Rogers deposition
Jeremiah Jeremiah Spinney
Georgetown July 17. 1832
Then the above named Jeremiah Spinney personally appeared and made solemn Oath to the truth of the foregoing statement by him subscribed before me
John Hinkley Justice of the Peace State of Maine.
Cumberland County ss.
I William T. Vaughan Clerk of the County of Cumberland County do certify that John Hinkley is a magistrate as above and that the foregoing signature purporting to be his I believe to be genuine. —
In testimony whereof I have hereunto subscribed my name and affixed my seal of Office this twenty third day of August, A.D. 1832.
William T. Vaughan
Alexander Rogers

Alexander Boyers
Edinburgh
Office the County Hall described my name and signature whereof the foregoing signature do certify that John of William J. Young 1855.
State of Maine. John H. King

State of Maine.
Cumberland, ss.
_____ Clerk's Office, _____ Supreme Judicial Court _____ Portland Dec r 30 th 1853
I, Robt. A. Bird, Clerk of the Supreme Judicial Court, for said County, being a Clerk of Records, do hereby certify, that _____ _____ John Anderson _____
late of Portland in said County of Cumberland, was an acting Justice of the Peace within time for the County of Cumberland. That he was commissioned as such January twenty seventh Anno Domini one thousand eight hundred and thirty two, and that said commis- sion expired January twenty seventh Anno Domini one thousand eight hundred and thirty nine. _____
In Testimony Whereof I have hereunto set my hand, and affixed the seal of said Supreme Judicial Court, for said State, the day and year first above written. _____
Robt. A. Bird, Clerk.
for $1.00

I Robert Mitchell of Cape Elizabeth in the County of Cumberland & State of Maine aged seventy five years on oath testify & say that I was born & have always resided in said Cape Elizabeth, that during the Revolutionary War & in the first part of it my brother Benjamin Mitchell now of the Island of Great Sebago in the Town of Cumberland & County aforesaid was a Soldier nearly one year guarding the Cape at a place called Dyer's Point. I further say that said Benjamin went as a substitute for our Uncle Robert Mitchell & served out the term for which said Robert had enlisted. Sargent Skinner had command of my said Brother with about ten or a dozen men.
I saw my said Brother several times during his service & he was constantly in same during all the time that the Guard was kept at said Point. I further say that after he was discharged from the above service he went on board the Continental Sloop Defiance James Stevens Commander in July & did not return home until late in the fall. The year I have forgotten, but recalled the circumstances of his going & the manner he was taken on board respectly well - He was

was taken on board off Mud Island at mouth of Saco River by force & after much as I was informed he enlisted & then out the cruise Robert Mitchell
Cumberland Me Oct 19 th 1836 Subscribed & sworn to before me John Anderson Just Peace
I certify that I am well acquainted with Robert Mitchell abovenamed & he is a good character for truth & veracity John Anderson Just Peace

I certify that it has been satisfactorily proved to me in open court that Benjamin Mitchell of the brague island in the town of Cumberland in the state of Maine died on the 28th of March 1841 & that Sarah Mitchell his wife died on the 21st of March 1843 at Farmport in said state of Maine. That said Benjamin was reported to have been a soldier in the war of the revolution & was seventy nine years of age at the time of his death & his widow was at the time of her death seventy seven years of age. Susan South, Benjamin Mitchell, Lucy Small, Lydia Foye, & Caroline Hemen are the children of the said Benjamin & Sarah that Mitchell & Sarah his wife & are the only surviving children of the same
Asahel Merrill District judge of the United States for the District of Maine
Portland June 7. 1853.
622 1/2

The within signature purporting to be his is genuine -
In testimony whereof I hereunto set my hand & official seal this thirteenth day of September A. D. 1853
Geo. F. Emery } Clerk Circuit Court } n. s. for } Maine District
]
2/2
Proof of death B. Atkinson

Maine District; Office of the Clerk C. C. U.S.
I Geo. F. Emery Clerk of the Circuit Court of the United States for Maine District hereby certify that Asahel Ware, who signed the within, was at the time of so signing, and still is, District Judge of the United States for the District of Maine, duly commissioned & qualified, and full faith, and credit are due to his acts as such, and the within signature purporting to be his is genuine.
In testimony whereof I hereunto set my hand & official seal this thirteenth day of September A. D. 1853
Geo. F. Emery } Clerk Circuit Court } U. S. for } Maine District
N. F. 2
5
Proof of death B. Mitchell

District of Maine . . . Office of the Clerk U.S.D.C.
I Geo. F. Emery Clerk of the Circuit Court of the United States for said District hereby certify that it has been satisfactorily proved before the Hon. Ashur Ware District Judge of the United States for said District in open Court, that Benjamin Mitchelle of Chebeague Island in the Town of Cumberland in the State of Maine died on the 28th of March 1841, and that Sarah Mitchelle his wife, died on the 21st of March 1843 at Frankfort in said State - that said Benjamin was reputed to have been a soldier in the war of the Revolution, and was seventy nine years of age at the time of his death, and his widow was, at the time of her death, seventy seven years of age - and that Susan Sonee, Benjamin Mitchelle, Lucy Sinee, Lydia Frye & Caroline Keazer are the only surviving children of said Benjamin & Sarah Mitchelle, Deceased.
In testimony whereof I have hereunto set my hand & affixed the Seal of said Court this seventh day of June A. D. 1853
Geo. F. Emery } Clerk Circuit Court } U. S. for } Maine District

Benjamin Mitchell
Oct 1852.
Me
A. H. Markland

State of Maine County of Lancaster } S. S.
Be it Known, that on this twenty third day of December A. D. 185 2 before me, the undersigned, a Justice of the Peace, in and for the County and State aforesaid, personally appeared Susannah Soule
resident of Freeport in said County, and made oath according to law that She is a child & heir of Benjamin Mitchell who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of the Pension Act of 4
That She is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
A. H. Markland
Countermanding and revoking all Powers of Attorney and authority heretofore given, I hereby constitute and appoint SAMUEL M. KNIGHT , of Washington City, my true and lawful Attorney to prosecute the claim of Benjamin Mitchell for any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or documents in relation to said claim, on file in the Department at Washington City or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City, D. C. Agency; to appoint one or more substitutes under him for the purposes herein expressed, and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
Susannah Soule
Sworn to, Subscribed, and Acknowledged before me the day and year above written, and I hereby certify that I believe the said Susannah Soule to be directly interested in said claim as set forth, and to be the identical party therein alleged.
A. H. Markland A Justice of The Peace & Notary Public.
State of _____ County of _____
It is Hereby Certified, that satisfactory evidence has been exhibited before me, Clerk of the Court of _____ that _____ the party who has sworn to, and acknowledged the foregoing Declaration and Power of Attorney, is the 10 reputed soldier aforesaid. I further certify, that 11 Esq. before whom the preceding affidavit and Power of Attorney were made and acknowledged, was, at the time of so doing, a Justice of the Peace, in and for said County, and that the signature purporting to be his, I believe to be genuine.
In Testimony Whereof, I have hereunto set my hand and affixed my seal of Office, this _____ day of _____ 185

Rev James L. Edwards Comm ee of Reviewers
Washington D.C.

Portland Oct 19 th 1836
Sir - Benjamin Mitchell a respectable old citizen of this County has called on me to take the Deposition of his brother to be forwarded to you in aid of his application for a Pension. On hearing the statement of his brother the applicant is in doubt whether in his application he stated his service at Cape Elizabeth to be as a substitute for his Uncle Robert Mitchell, & that being the fact I have drawn up his supplementary statement & now forward it to be filed with his other papers. I have long been acquainted with both the applicant & with the deponent, his brother, & believe them to be as honest & worthy men as we have in our State. I have not a doubt, from Mr Mitchell's known character for truth & honesty, that he served as he states, & hope this additional evidence may prove satisfactory to you & that a certificate may be issued to him -
His original application was made by for Hope Eye of this City, but Mr Mitchell wishes the certificate forwarded either to Mr Hope or myself as he resides in an Island -
I have the honor to be, Sir, with great respect your Obedient John Andros
To Hon J. L. Edwards Commiss'r of Pensions Washington

FREE
Hon. Francis O. Smith House of Reps. Washington D.C.

Portland Jan 12 '11.
Dear Sir: The bearer of this letter in his letter to you of the 22 d Dec r last. says that as Benjamin Mitchell's name is not found in Capt. Martin's Roll. Mitchell's Reg t his claim must be supported by two credible witnesses & that John Skinner may be considered as one such witness. I enclose you the deposition of Robert Mitchell of Cape Elizabeth, whom you probably know. He is a respectable & fair man as there is in the County & means to the service of Benjamin & the circumstances, his enlistment & earnings the cap of Benjamin, as I apprehend within the regulations of the Pension Department. The reason why the name of Benjamin Mitchell does not appear on the Roll probably is that he served as a substitute for his Uncle Robert Mitchell.
Benjamin Mitchell's character stands as high as any man, in this place & can obtain the certificates of many old merchants in this City to this effect if should be at all necessary. I trust however the evidence now produced will be considered sufficient by the Comm ee - affirms for the service at Cape Elizabeth. his service in the Navy. I understand is admitted by the Department to be fully proved. Your attention to this will confer a favor on the old gentleman & his wife & son.
Your Friend & Servt John Macdon
To Hon F.C. Smith Secy of Navy Washington

Portland April 11 th 1837
To Hon Jas F. Edwards,
Comm'r in Chief of Pensions, Sir.
Your Letter of the
17 th of Feb y last to the Hon F.O.S. Smith in relation to the application of Benj m Mitchell was duly rec d by me, & knowing how hard you are ever pressed while Congress is in session, I delayed calling your attention to the subject, hoping you might be more at leisure in the rec d to look once more to this case - You say, "If the objection had been that the claimant's name did not appear upon the Roll, two credible witnesses having personal knowledge of the enlistment, service and discharge, would have been received to supply the possible omission.
But parol testimony at this day, however respectable, cannot be admitted to impugn certain peremptory pay-rolls"
I beg of you to bear with me, for a few words in this case; for having known the applicant for twenty years, I am as confident, as I can be of any thing, that he honestly served as he has stated.
The objection is that the testimony, in this case goes to impeach the pay-roll. In this I think you are in error. The testimony is that Benj m Mitchell served

as a substitute for his uncle Robert Mitchell. & by the name of Robert Mitchell. A record of birth, it must be admitted, is as sacred as as high a character as a pay-roll of a company; & yet, it is of frequent occurrence that, paraded evidence is admitted to show that C.D. is the same man, who had obtained a judgment by the name of A.B. & he is admitted, on such proof, to take the benefit of the judgment show- ing in record in the name of A.B.
He served for his uncle. & of course he served in the name of his uncle. That is, he served by the name of Robert Mitchell. The service was in a guard of a few men under a Sergeant . & the Roll probably would not have been altered by the Sergeant had half of his men got substitutes, who would answer to the original names. Still I can not suppose that the act intended to exclude a faithful soldier because his officer did not do his duty. In this case you have the positive testimony of the Sergeant , who was in fact the only officer who commanded this guard, that Bery a Mitchell did serve as he has stated. The testimony of Robert Mitchell shows that Bery a went into service as a substitute for Robert & Robert appears on the Rolls. That Bery a served by the name of Robert is evident, it does not, as I can see, in the least impugn the Roll. & as it is presumed

that Robert has been dead more than twenty years. The pension can not be twice drawn for the same service. I have known cases of the Rolls being corrected by hard. While I was in Congress in more than one instance names of men were placed on a Roll in action, when in fact the men were not in such action, & others who were even wounded in the action did not appear at all on the Roll. Yet the correction was made on proof of an officer that the man was then & was wounded.
For this case you have the testimony of the Officer in command , & the only officer this Guard ever had with them, by which the service of the applicant is fully proven. It is also proven by another witness, & as the service alleged is not in conflict with the entry on the Roll, he having served for & by the name of Robert. I hope you will, in consideration of this, that you can consistent with your rules, place his name on the Roll & save him the delay & trouble of an application to Congress.
I assure you from personal knowledge, that the applicant is a man of strict integrity & truth & I believe the pension is as honestly due him as a pension is due to any man in the Rolls. Nothing short of a proper consideration of the justice of this claim could induce me again to trouble you with a request for a further considera- tion. Being fully sensible that your conscient-

attention to my request might not to embarrass me to presume too far on your patience.
I have the honor to be, Sir, with great respect your obedt Servt John Anderson.

Brief in the case of Benjamin Mitchell dec d Cumberland County and State of Maine. act 7 th June 1832.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Benjamin served as a Soldier and Seaman for Eight months and sixteen days - proved by Alas t Rogers, Jeremiah Spinnery, John Skinner and Certificate of Secretary of State of Massachusetts. Benjamin and Sarah married 12 th May 1785. Record of Town of Cape Elizabeth. Benjamin died 28 th March 1841 - proved by Sarah M. Griffin, Robertson Weyer and Order of Court and advertisement in Portland Argus. Sarah died 21 st March 1843, - proved by Order Court, Sarah Griffin and Portland Argus - Benjamin Mitchell, Lucy Small, Lydia Frye and Caroline Keaze only surviving Children - proved by Order of Court re.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
A. N. Markland Esq r . Washington. D. C.
Chas. H. Rhetts.
Examining Clerk.

Oct. 8, 1853. Addl. W. in case of Benj Mitchell, decd. He died 28 March 1843 She " 21 " 1843
Susan Sonles decd Benj Mitchell Lucy Small & Ch Lydia Frye 1843 Caroline Keazer
Wrote Sept. 6, 1853 for an amended order of court.
A. H. Markland, Present.
The rule requiring admission to may be amended in the court as per

Pension Office, 3 Sept 1853,
Sir,
The additional evidence in the case of Benjamin Mitchell dec'd of Maine, has been received and filed with the original application.
No evidence has been adduced as to the date of marriage of Benjamin and Sarah. The evidence on which it was satisfactorily proved to the Court that Benjamin and Sarah died at the periods stated and that the names and number of the children are such as set forth should be exhibited before this Office.
I am very Respectfully Jno O'Brien
A. H. Markland Esq, Washington D.C.
Actg Comr
Mr Anderson

Washington, July 5th 1855
Hon S. P. Waldo,
I enclose herewith a power of attorney, certificate of Court & evidence of the service in the case of Benjamin Mitchell vs Maine, under act 7 June 1852 Reg'd. I hope the claim will now be admitted without delay. You will please direct that the Certificate be sent to me.
I am Very Respectfully
Yours Oct 2nd
A. H. Markland

Benjamin Mitchell dec. Maine.
Admitted.
Act of the June 1832.
8 mos. 16 days, private at $28.58 per annum from 4 th March 1831, to 28 th March 1841 when he died.
Pay, Benjamin Mitchell, Lucy Small, Lydia Frye, Caroline Keayes, only surviving children. —
Certificate to A. N. Markland Esq. Washington. D.C.

Sep 5 4 th Mr. attending
Benj. Mitchell Me app n 32
Rev J. F. Johnson Pewee: Sept.
Rev F. O. J. Smith AR

Washington Sept. 4/37
Dear J. L. Edwards -
Hi. The enclosed letter to Mr. J. Anderson requests me to obtain a copy of your report - including papers filed by Mr. George Mitchell - which you do me the favor to forward them to me with the enclosed letter, & oblige
Most respectfully
Your obedt Servt
Thomas J. Smith