Revolutionary War Pension and Bounty Land Warrant Application File R., for William Mitchell, Massachusetts

SERVICE
NUMBER _____
Mass.
Mitchell, William Ann
R —
CONTENTS

Copy of the Record
Of the Marriage and death of William Mitchell and Ann Small.
William Mitchell and Ann Small were married in Columbia in the State of Maine, One of the United States of America on the 12 day of July 1774. William Mitchell died on the 7 th day of September 1830, and Ann Small, Wife of the said William Mitchell died on the 29 th day of April 1843.
Memorandum of the Issue of the said William Mitchell and Ann Small now living, namely Elizabeth wife of Isaac Colson, Sarah, wife of James J. Brown, Anna, wife of Robert Hunt and Benjamin Mitchell
Welchpool Campobello, New Brunswick, 17 th day of April 1856
Charlotte ss.
George E. Colson. Benjamin Mitchell
Personally came and appeared before me B. R. Fitzgerald Esquire one of Her Majesty's Justices of the Peace for the County of Charlotte: the above named George E. Colson and Benjamin Mitchell; who severally made their Oath and Saith, that they the said deponents, did on the day and year above mentioned examine the Bible belonging to the said William Mitchell, that in the said Bible a Record is made of which the foregoing Record is a true Copy. And the said deponents further Saith that they verily believe the same to be the family Record of the said William Mitchell.
Before me at Welchpool Campobello this 17 th April 1856
B. R. Fitzgerald J.P.

William Mitchells
Case

Commonwealth of Massachusetts.
Secretary's Office, Boston. November 2 nd 1855.
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 William Mitchell is borne on Muster Roll of Capt. Francis Shaw's Comp. Stationed at Gouldborough No. 4, Narragansett Pleasant Wier in the County of Lincoln from Sept. 7 th to Dec. 31. 1775, from Pleasant Wier, 4. mos. 1 day, as private. Also on pay roll of Capt. Brian Norton's Comp. Stationed on the Sea Coast of Cape-Elizabeth and Kennebec from January 27 th to Nov. 25. 1776, as private.
4 - 1 10 14
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Dept. Samuel Lovett Secretary of the Commonwealth.

N. S. Strong
I am now fifty years old, and my memory does not enable me to state the services more fully than above stated. rather — and I have lived a vicarious  several years

APPLICATION FOR CERTIFICATE OF REVOLUTIONARY SERVICES,
Made by Elizabeth Colson widow woman & Daughter of William Mitchell of the party who rendered the service.
I Elizabeth Colson of the State of Maine County of Washington Town of Cherryfield
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office, of the service of William Mitchell in the war of the Revolution.
He was a native of the Town of North Falmouth in the County of Cumberland and State of Maine
He enlisted from the Town of Gouldsborough now Washington in the County of Maine in the year 1776 as a Private in the Company commanded by Captain Francis Shaw also Obadiah Allen in Reuben Dyer's Regiment of Washington and he served as follows,* viz:—
See the paper on file attached to the letter of J. D. Fuller , in my Father's hand writing, which you are requested to attach the same, to your Certificate to which statement , I refer for the necessary particulars.
Elizabeth Colson
I attest to the signature of Elizabeth Colson on this paper as genuine & I further certify that I believe she is the Daughter of William Mitchell
Warren Leighton  Justin of the Pines
* Here describe, as fully as may be, the length of service, the rank, &c., of the claimant, or the capacity in which he served, and all other particulars known.

J. S. Strong
I am now sixty four years old, and my memory does not enable me to state the services more fully than above stated. of my father - and I have lived a widow seven years
Witness my hand, this twenty third day of October A. D. 18 55
Signed by said Elizabeth Colson in my presence, Warner Leighton JUSTICE OF THE PEACE. }
Elizabeth Colson

Nov. 8, 1856.
I am not able to find any papers filed by William Mitchell of Me. in 1816
A William Mitchell of York Co., Me. was pensioned under Acts of 1818 and 1820. and the children of his widow Susanna were allowed the arrears of pension due her under the act of 1836. I can find no other papers.
Geo. E. Colson, Esq.
Stoneham,
Mass.
Letter of May 19, 1854. (noted on jacket of Susanna, wid. of William Mitchell) has not value in her claim or that of Ann-
No action appears. to have been taken in case of Ann, widow of William
W.R.
JUN 7 - 1911

Pension Rules

Pension Office,
July 17, 1838.
The following rules, prescribed by the President of the United States, and adopted by the Secretary of War, in order to carry into effect the act of Congress of the 7th July, 1838, entitled "An act granting half pay and pensions to certain widows," are published for the information of applicants under that law.
1. Applicants must produce the best proof the nature of the case will allow, as to the service of the deceased officer or soldier, and the time when he died. It must be clearly shown in what troop or company, and regiment or corps, he served, and the grade he held. Proof as to service must be had, either from the records of the War Department, the muster rolls, the testimony of commissioned officers, or the affidavits of persons of known respectability. Every applicant will make a declaration according to the subjoined form before a court (a) of record, setting forth, according to the best of her knowledge or belief, the name and rank of the person on account of whose service the claim is presented; the day, month, and year, (if possible) when he entered the service, and the time when he left the same; and, if under more than one engagement, the claimant must specify the particular periods, and the rank and name of the officers under whom the service was performed; the town or county, and State, in which he resided when he entered the service; whether he was drafted, was a volunteer, or a substitute; the battles, if any, in which he was engaged; the country through which he marched, with such further particulars as may be useful in the investigation of the claim; and, also, if the fact be so, that the claimant has no documentary evidence in support of the claim. From the best sources of information evidence must be derived as to the period of the death (b) of the officer or soldier.
2. The legality of the marriage, and the time when it took place, must be clearly established; and it must also be shown that the widow was never afterwards married. Record proof, as to the marriage, is always required whenever it can be obtained. In a case where the town, county, parish, or family records afford no proof as to the period when the marriage took place, the fact must be established by the testimony of one or more respectable persons, whose credibility must be certified by the officer who may administer the oath. And, in order to prevent any mistake or improper use that may be made of the affidavit of an officer who may have the custody of records, from which he may make transcripts of the record in relation to a marriage, the officer who may give his affidavit will, instead of copying the figures contained in the record, certify "that it is a true copy of the record, with the exception of the date, which is expressed on the record in fair legible figures, as follows:" [Here copy the day, month, and year, in letters and figures, in exact conformity with the original.] Then let him add the following words:
"I, A. B., above named, depose and say, that I hold the office of _____ in the county, town, and State aforesaid, and that the above is a true extract from the records of said _____ with the exception above named, as certified by me.
A. B., Clerk of the (or rector, or pastor, as the case may be. )
Sworn before me,
C. D., Justice of the Peace. "
And then will follow the certificate of the proper officer, under his seal of office, as to the official character and signature of the magistrate who may administer the oath. Where no record proof exists, other than the family record, the original record must be produced and sworn to by the person in whose possession it has been kept. (c)
3. In a case where the service of the deceased officer or soldier is clearly proved by record, or documentary evidence, or the affidavit of a commissioned officer, showing the grade and length of service of the deceased, the particulars in relation to the service are not required to be set forth in the claimant's declaration; but she must swear, in positive terms, that she is the widow of the person whose service is thus proved. And no claim whatever can be sustained without positive proof of service.
4. In every case in which the deceased officer or soldier was a pensioner the fact should be so stated, and the deceased pensioner so described, as to enable the Department to refer immediately to the evidence upon which he was pensioned, and thus facilitate the investigation of the claim of the widow.
5. Applicants unable to appear in court by reason of bodily infirmity may make the declaration before required before a judge or justice (d) of a court of record of the county in which the applicant resides, and the judge or justice will certify that the applicant cannot from bodily infirmity attend the court.
6. 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 of the Territory, or of the proper officer or clerk of the court or county, under his seal of office, will be annexed, stating that such a person is a judge or a justice of a court of record, or a justice of the peace, and that the signatures annexed is his genuine signature.

7. The widows of those who served in the navy, or as Indian spies, will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require.
J. L. EDWARDS, Commissioner of Pensions.
EXPLANATORY NOTES.
 (a) The declaration of the widow who claims must be made, in all cases, in open court, unless she is prevented by bodily infirmity from appearing before the court.  (b) It must, in all cases, be shown in what year the husband died. The testimony on this point must be positive, and the language must be free from all ambiguity.  (c) The family record must be sent to the Pension Office, if there be no other record, accompanied by the oath of the person in whose possession it has been kept. The person who must swear to the genuineness of the record should give the name of the person in whose handwriting the record was made.  (d) A declaration made before a justice of the peace cannot be admitted as evidence. 
DECLARATION
In order to obtain the benefit of the act of Congress of the 7th July, 1838, entitled "An act granting half pay and pensions to certain widows."
STATE, [TERRITORY OR DISTRICT] } ss. OF }
On this _____ day of _____ A. D., a resident personally appeared before the _____ of the _____ of _____ in the county of _____ aged _____ years, who being first duly sworn, accordingly to law, doth, on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838, entitled "An act granting half pay and pensions to certain widows." That she is the widow of _____ who was a [here insert the rank the husband held in the army, navy, or militia, as the case may be, and specify the service performed, as directed in rule numbered one of these regulations.]
She further declares that she was married to the said _____ on the _____ day of _____ in the year seventeen hundred and _____ that her husband, the aforesaid _____ died on the _____ day of _____ ; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety-four, viz., at the time above stated. She further swears that she is now a widow, and that she has never before made any application for a pension.
Sworn to and subscribed on the day and year above written, before—
AN ACT
Granting half-pay and pensions to certain widows.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person who served in the war of the revolution in the manner specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died, leaving a widow, whose marriage took place after the expiration of the last period of his service, and before the first day of January, seventeen hundred and ninety-four, such widow shall be entitled to receive, for and during the term of five years from the fourth day of March, eighteen hundred and thirty-six, the annuity or pension which might have been allowed to her husband, in virtue of said act, if living at the time it was passed: Provided , That in the event of the marriage of such widow said annuity or pension shall be discontinued.
SEC. 2. And be it further enacted , That no pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any annuity, half pay, or pension, granted by this act, shall be valid; nor shall the half pay, annuity, or pension granted by this act, or any former act of Congress, be liable to attachment, levy, or seizure, by any process in law or equity, but shall enure wholly to the personal benefit of the pensioner or annuitant entitled to the same; and that, before a warrant shall be delivered to any person acting for or in behalf of any one entitled to money under this act, such person shall take and subscribe an oath or affirmation, to be administered by the proper accounting officer, and put on file, that he has no interest in said money by any pledge, mortgage, transfer, agreement, understanding, or arrangement, and that he does not know or believe that the same has been so disposed of to any other person.
SEC. 3. And be it further enacted , That the Secretary of War shall adopt such regulations and forms of evidence in relation to applications and payments under this act, as the President of the United States may prescribe.
APPROVED July 7, 1838.

Pension Office January 23 d . '56
Dear Sir,
I drop you a line to correct an erroneous impression which I fear I made this morning, as to the duration of pension to which the children of the widow would be entitled in the case you spoke of.
Under the act of 4. July 1836, if the marriage took place before the expiration of the last period of the husband's service, the pension would continue from 4. March 1831 to the date of the mother's death or marriage.
If the marriage occurred between the last period of the husband's service and the 1 st January 1794, the claim would be under act of 7 July 1838 , and the pension would be only for 5 years commencing 4, March 1836 and ending 1, March 1841. There follows then an interval of two years, from 4, March 1841 to 4. March 1843, for which no pension is allowed to Revolutionary widows, unless they come under the act of 4, July 1836, above cited -
The pensions under the act of 7 July 1838 , are continued, after the above interval, by the subsequent acts of 3 March 1843, 17 June 1844, & 2 d Feb y '48 from 4. March 1843 to the death or marriage of the widow. Where the marriage occurs after 1 Jan y . 1794 & before 1800 the pension, under act of 29 July

The pension commences 1 st March 1848. Where after 1800 it commences under the last act (That of 3 rd February 1833) from the 3 rd February 1833.
You know that the limitation of continued widowhood applies to all these pensions -
The marriage should be proved by a certified copy of any existing public record - If none exist then by the original Family Record, - or if that does not exist, it should be so avowed, and the proof may be by affidavits of credible witnesses, stating the facts dates and circumstances so as to show their means and opportunities of knowing.
I believe I also told you the admor: should declare before a C t of Record - An admor: should be appointed & a certificate of his appointment produced, setting forth also the amount of his bond - and showing the date of the mother's death A certificate of court should also state the number & names of all the surviving children the date of the father and mother's death, and upon what ordinance (naming the witnesses) the certificate is based. But if it should be preferred, The Declaration may be made by any of the children, though still before a court of record, though the certificate of pension must be issued payable to an admor.
I hope this statement may be in time to prevent you from transmitting, or having to correct, any misunderstanding I may have caused as to the continuance of the pension - as it occurred to me that you said the widow died in 1842, and if so, unless she was married before the termination of her husband's service the pension would cease the 1 st March 1848; supposing her to have been married before 1794.
my Resp t Serv t &c.
Rich d M c Rae

This is written without being fairly copied as is our custom, but I wished to get it to you as soon as possible - Very Resp l . Mem o of s Subt. Richard M c . Rae
Hon. T. J. D. Fuller H. of Rep s .

Hon. T. J. D. Fuller House of Reps Washington D. C.
John

June 6 1862 To the Hon.
Mr. Fuller, Dear Sir Perhaps you will recollect that in the fall of 1855 or the Spring of 1856 I employed you to prosecute the pension claim of W m Mitchell who served in the United States Army 1776 under Frances Shaw of Gouldsboro Daniel Marit of Pleasant River Lieut. for a term of six months, also in 1777 was Enlisted in a Standing regiment under Reuben Dyer of Naraguagus, Obadiah Allan, of Machias Lieut. and served six months in Machias at the time the Place was attacked by the British, you told me that there was a good claim there and I furnished you with all the

proof except the last paper in regard to his marriage and death No. of Children &c which you told me to leave with C. R. Whidden Calais and he would get the money. the paper was made out according to law and Mr Whidden says he sent it to you at Washington but never got any answer at that time I was called out of the country and have been absent ever since until recently I supposed the claim had been paid but I find it has not Now Sir I know there is a good claim there and I wish you to search the Book find the record and the papers on file there and press the claim and if any proof is wanting I can furnish it. I am bound to put the thing through

I learn you are coming to Calais this month can't you get the claim before you come and you shall dear Sir be well paid for your trouble
Yours George E. Colson P.S. Elizabeth Colson claimant oldest child of Mrs Mitchell

Washington City. June 12 th 1862.
This letter was rec d by me, in due course of Mail - upon my attention being called to it. I made search, & found the inclosed, Package of papers , relating to the claim of Elizabeth Colson , in a Box of papers which must have been rec d by me, at this date & by accident, have been filed away, upon the adjournment of Congress in the summer of 1856. where said papers, have since remained until my attention was called to it, by this letter. I now wish to file the papers - and to ask that they may be treated and considered the same, as if they had been filed in the office in July 1856
Very Respectfully
J. D. Miller
Hon J. H. Barrett Com r of Pensions

Ann... Mitchell
William - Apr 10-1836
An copy on file
Pension Office Washington D.C.

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by M. Rice
Claim No. _____
Certificate No. _____
Claimant Ann Mitchell, wid.
Soldier William Mitchell
Service Mass.
Additional Service Rev
No. _____ claim, State records _____, 191____
No claim, combination records _____, 191____
REMARKS:
No claim found as above, other than papers herewith - No record of claim on Agency book of Me. or Mass. of Ann, Anne or Anna, wid. of William Mitchell. Not found on Am. State Papers or on printed list of Iow. Pensions. Chief Division of Me. (Over)

These papers have been removed from the case of Susan- na, widow of Wm. Mitchell, N.H., Wid. F. 26264, with which they are not identical.
JUN 5- 1911
No Surv. Wm. Mitchell Mass Rev. M.R.

Secretary's Letter Commonwealth Massachusetts
$1.00 sent home in a letter - -

Commonwealth of Massachusetts.
Secretary's Office, Boston;
Sept. 26 th 1855.
Sir:
I find some error for Mr Mitchell between 8 and 9 mos. in the Compt. he recites in his petition of bounty.
Please send a fr of one dollar and the Certificate will be forwarded immediately.
I am most cordially
T. G. D. Finner Esqr (Calais, Me.)
N. Symon Strong Clerk of Pensions for the Army.

Washington D. C. June 12, 1862
Sir,
I have to request that you will inform me, whether, under existing laws, pensions can be paid to children of those who served in the Revolutionary War. An early answer would oblige
Very respectfully Your obedt Servt Geo. F. Worthington
Hon. Joseph H. Barrett Commissioner of Pensions Washington D. C.
Drury

Calais June 24, 1886
Hon P. J. D. Fuller
Enclosed I send you a certificate of marriage &c as requested by Mr. Colson - I thought I would send it as taken so that you can determine whether it is sufficient - if not return it with directions -
In see C. R. Whidden

Commonwealth of Massachusetts.
Secretary's Office, Boston, Oct. 8 th 1855.
Sir:
Be pleased to file a declaration in this office, agreeably to the accompanying regulations, and search will be made for the revolutionary service of William Mitchell and the result forwarded to your address. Particular attention is called to the second regulation.
I have the honor to be,
Very respectfully,
Your obedient servant,
N. Lyman Strong Clerk of Pensions. For the Secretary.
The "Statement" you speak of must be at Washington, for we have no declaration of the service by any soldiers in this office, made by themselves.
N. L. Strong.

The following REGULATIONS, to be observed in the examination of the Revolutionary Rolls in this office, have been rendered necessary under the rules which are established in the Pension Department at Washington, viz:—
1. Every application requiring search or certificate must be made to the Secretary, in writing, by the claimant, or by some person duly authorized by the claimant; and the signature to the application must be attested by some magistrate.
2. In all cases where the application is made by any person other than the claimant, a power of attorney, attested by a magistrate , authorizing such person to act in the claimant's behalf, must accompany the application.
3. The application must set forth, as fully as the circumstances of the case will allow, the residence and service of the soldier, and the names of the officers under whom he served: and no search will be made until after the filing of such written application.
“Regulations to be observed in the examination of the Massachusetts Revolutionary Papers in the Office of the Secretary of the Commonwealth.”
“The application must be made to the Secretary, in writing, by the claimant, or by some person duly authorized by the claimant, by a written power of attorney, attested by a magistrate. The signature of the claimant must in all cases be attested in like manner.
“The application must set forth, as fully as the circumstances of the case will allow, the residence of the soldier, &c., at the time of the service, and the names of the various officers under whom he served, as well as the nature of such service.
“The certificate of the Secretary must show that the search was made, after the filing of such application, by himself, or by one of his Clerks, alone, and must be accompanied by the original application of the claimant or of his attorney, and by a detailed statement, under the signature of the Secretary and the Seal of the State, of the circumstances which satisfied that officer of the identity of the party described in the application with the individual who rendered the service.
J. L. EDWARDS, Commissioner of Pensions.
The following is an extract from a letter received by the Secretary from J. E. Heath, Esq., Commissioner of Pensions, dated March 19, 1852:—
“I have the honor to acknowledge the receipt of your letter of the 3d inst., accompanied by a copy of the Regulations now in force in your office in the examination of your Revolutionary Rolls: and, in reply to your questions, have to state that, in my opinion, the said Regulations could not be relaxed in any particular without serious injury to the Government and the rights of individuals justly entitled to the benefits of the Revolutionary Pension Laws. Indeed, even with those guards around your rolls, I am satisfied they are frequently used by unscrupulous individuals to sustain applications not embraced by the laws, and as a means of obtaining exorbitant fees.”

I William Mitchell do testify and can prove that in the year 1776 I was enlisted under Francis Shaw of Gouldsboro in an Independent Company of which Daniel Marritt of Pleasant River was Lieut. in which Company I served six months for purpose of guarding the sea coast against the enemy.
Like wise in 1777 I was Enlisted in a Standing Regiment under Reuben Dyer of Naraguagus of which Obedgar Allen of Machias State of Maine was Lieut. and I served six months in Machias at the time the Place was attacked by the British, where I fought and if any Proof is Necessary I can Produce it
I lost my discharge so I make this the Above, is Copied { Statement from the Original statement which is on file at your Office }
William Mitchell Sept. 10 1816

Stoneham Oct. 26/80
Dear Sir as I have no letters in my possession relating to the Pension Affair I send you a copy of the attached which you will perceive it is a claim for service in the Revolution, for which I applied to you some time ago for information whether it had been paid to any one or not,
as I undertook to get the Pension for the heirs about a year ago through the Hon. J. D. Fuller who resigned his claim to C. R. Whidden of Calais Me. and I have given him all the Proof he required and he would not give me any information in regard to it at all so I was determined to be on his track and hoping you will trace him up and let me know the result soon
Respectfully &c
Address Geo. E. Colson Stoneham Mass.

Sensum Office, July 29, 1836.
Sir,
In reply to your letter of the 10 th inst. you are informed that I cannot give you any information in relation to the claim of William Mitchell, asserted by Elizabeth Nelson until I am informed of its character. Is it a claim asserted for service in the war of the Revolution? If not, furnish such particulars in relation to it as are known to you, or send one of the letters which have been written from this office in relation to it.
Respy ly A. M c Rae for Comm.
Geo. E. Nelson Esq. Baring, Washington Co. } Me. }

This is to certify that I was in the army and served as waiter with William Mitchell and can testify that his statement is a true and accurate account
Cutter Aug 10 th 1854 { George Young his mark X }

Refer to
George E. Colson
in Pension of his Grandfather

Mr William Mitchell was Born in North Yarmouth then he Moved to Columbia Washington County Maine Died November the 10 1820 in Eastport Maine his wife Ann Mitchell Died December 8 1842 and four Children are living now I have Mr George Henry who Served in the same company that William Mitchell was in as servant and gave his oath to the same Elizabeth Nelson