Revolutionary War Pension and Bounty Land Warrant Application File B. L. Wt. 852-100, for Samuel Mitchell, New York

SERVICE
NUMBER
New York
Mitchell, Samuel
B.L. No 852-100.
CONTENTS

- Nos 852 & 853 -
The heir of Samuel Mitchell private -
2 nd Regiment New York line
Joseph Mitchell _____ private -
2 nd Regiment New York line
Warrants issued Feb'y. 14 th 1820
Hon: Samuel Herrick -

STATE OF NEW-YORK, Dutchess County Clerk's Office, ss.
I Jacob Van Benthuyzen Deputy Clerk of said County, and Clerk of the Court of Common Pleas of said County, do hereby certify, that Ebenezer Aye before whom the annexed Deed or instrument in writing was acknowledged, was at the time of taking said acknowledgement a Commissioner in and for said county, duly commissioned and sworn, and as such Commissioner duly authorized by the laws of said state to take the proof and acknowledgement of deeds, and other instruments in writing; and that I am acquainted with the hand writing of the said Ebenezer Aye and verily believe the signature " E Aye " subscribed to the said acknowledgement, to be the proper hand writing of the said Ebenezer Aye
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of said Court, this seventh day of February one thousand eight hundred and twenty
J. Van Benthuyzen
of the State of New York to the Hon. Ebenezer Aye Commissioner in and for said County
The Said Land Warrant in matter of which I could do were I personally present Dated Anania 4 th day of February 1820 Sign d Seal d & Deliv d in presence of Martin Mitchell  E Aye
Dutchess County } ss. State of New York }
Be it known that on the 5 th day of February 1820 personally appeared before me the above named Martin Mitchell and acknowledged that he executed the above power of attorney for the uses & purposes therein mentioned
E. Aye Commissioner In & for Dutchess Co.

These presents  Know all men by these presents That I Martin Mitchell of of the Town of Amenia Dutchess County and State of New York being the only surviving line of Samuel Mitchell Deceased have and by these presents do make constitute and appoint Samuel Herrick Esq. Member of Congress my true and lawful attorney for me to ask for Demand and Receive in his own name a land warrant for lands due Samuel Mitchell Deceased for Revolutionary Services performed by Samuel Mitchell and to do all acts matters and things in and about the obtaining the said land warrant in his own name which I could do were I personally present  Dated Amenia 4 th day of February 1820  Signed Sealed & delivered in presence of -  C. Myr  Martin Mitchell
Dutchess County } State of New York } ss.
Be it known that on the 5 th day of February 1820 personally appeared before me the above named Martin Mitchell and acknowledged that he executed the above power with the free act and purpose therein mentioned -
C. Myr Commissioner of In & for Dutchess Co.

Mr. Henrich will call tomorrow to sign receipt

Dutchess County
In the matter of the estate of Samuel Wetmore deceased and estate to Martha Wetmore & Joseph Wetmore Revolutionary Soldiers
bequests & opinion John Hunt Smiley

State of New York Dutchess Co. ss Martin Mitchell of the town of Amenia in said county aged sixty-eight years old the sixteenth of October last past being duly sworn saith that Samuel Mitchell formerly of said town of Amenia was the son of Patrick Mitchell late of Poughkeepsie town in said county. That the said Samuel Mitchell, Polly Mitchell late the wife of Daniel Davis and late the widow of Oliphant Richards and this deponent are the only heirs at law of the said Samuel said father. That the said Samuel Mitchell enlisted a private soldier in service during the revolutionary War between the United States and Great Britain and belonged to Capt. Hamtramck's company of light Infantry in Col. Philip Van Cortlandt's Regiment and served until slain by the British at the battle of York Town. That this deponent also enlisted a private soldier, served during said War and belonged to Capt. Hallett's company in the said Regiment, was in the said battle there serving as a light horse man and said his said brother who was slain as aforesaid. That this deponent's said sister has no children and this deponent has understood and believes his said sister is dead and further saith not —
Martin Mitchell
Sworn the 30 th day of August 1819 before me John Brink Surrogate of Dutchess County
"and that he is the identical person" mentioned and re-sworn to before me the day above — John Brink Surrogate

State of New York Dutchess County ss
Joseph Mitchell of the town of Hannacrois in said County being duly sworn sith that he was twenty-seven years old the twentieth of last March - that he entered a private soldier and served during the Rev- olutionary War between the United States and Great Britain and belonged to Captain Vantrank's company in Col. Van Cortlandt Regiment - that he knew Samuel Mitchell of the said company and said him slain at the battle of York Town - that the said Samuel entered to serve during the said War and did serve honorably till slain as aforesaid - that the deponent is a ba- nished by birth, served in the old French War was in the French army at the battle of Quebec where General Wolf was slain and afterwards came to the colony of New York & has always resided at Hannacrois aforesaid except while he served in the revolution aforesaid and is of no kin to the said Samuel Mitchell deceased - that he the deponent knew Patrick Mitchell & family and that the said Samuel together with Martin Mitchell and Polly Mitchell were the only children of the said Patrick - that the said Samuel left no children and the deponent has understood and believes the said Polly late Polly Richards has since leaving no children and believes the same and that the said Martin is the only surviving line of the said Samuel deceased - that the deponent knew Robert Kelly a now living

his of the said Samuel Merrill - that the deponent knew Robert Kelley a non com- missioned Officer in Capt. Walker's company in said Regiment and he also knew the said Martin Mitchell a private in Capt. Walker's company in said Regiment - that the said Kelley and the deponent were honorably discharged from the said service and the deponent has understood and believes the said Martin was honorably discharged from said service - the word "no" intended -
Sworn the 30 th day of August 1819 before me John Brock Surrogate of Dutchess County Joseph X Mitchell mark
State of New York
Dutchess County ss Robert Kelley of the town of Washington in said county aged sixty years to the best of his knowledge last being only sworn said that he enlisted a private soldier and served during the revolutionary War between the United States and Great Britain and belonged to Capt. Walker's company in Col. Van- Kortlandt's Regiment and was promoted to be corporal - that the deponent knew Joseph Mitchell a private in Capt. Vantrank's company and Martin Mitchell in Capt. Walker's company and Samuel Mitchell in Capt. Vantrank's company in said Regiment - that the deponent was in camp at the battle of York Town and

knows that said Samuel Fletcher was slain in said battle and said him dead after he was brought in to camp - that the deponent has always understood & believes that the said Samuel and Martin were brothers and believes the said Joseph is no relation to the said Samuel deceased and the said Martin - that the said Martin and Joseph are the identical persons who have made the preceding affidavits in the deponent's presence and that their general reputation for truth and loyalty always stood fair and honorable while in the army and still en- during so as far as the deponent has understood & believes - that the deponent was honorably discharged from the army and he has always understood & believes the said Joseph & Martin were so discharged -
Sworn the 30 th day of August 1819 before me John Brunk Surrogate of Dutchess County
Robert Theller
State of New York
Dutchess County. Given earth of the town of Amenia in said county being duly sworn saith that he was twenty-four years of age the twenty-third of June last. That he has known Robert Kelly who made the preceding affidavits in the deponent's presence

years of age the twenty third of June last. That he has known Robert Kelley who made the preceding affidavit in this dispute for for twelve years past and that the said Kelley's general & private reputation for truth and honesty is and always has been fair & honorable & unimpeached - that the opponent knew Joseph Mitchell and Martin Mitchell (who made the preceding affidavits in this opponent's presence) previous to the revolu- tionary War and has known them ever since. that they belonged to Col. Park's outfitting regi- ment and were in the battle of York town as the opponent always understood & believes and served during said War & were honorably dis- charged as the opponent also understood & believes. That the general reputation of the said Joseph and Martin has always been fair and unimpeached and that they are the iden- tical persons named in the said affidavits. That Martin Mitchell is the brother of Samuel Mitchell who was slain in the said battle - that the opponent does not know of any other his to the said Samuel deceased than the said Martin —
Ezideon Castle
Sworn the 30 th day of August 1819 before me John Brink Surrogate of Dutchess County

The People of the State of New York By the Goyans of Gold Free and Independent -
To all to whom these presents shall come - send greeting -
Be it known that on the Twentieth day of August One thousand eight hundred and Nineteen before me John Brink Sur- rogate of Dutchess County in said State per- sonally came Gideon Barth of Annies in said County to me well known and of good character & made the annexed affida- vit - Also before me personally came Robert Kelley Martin Mitchell & Joseph Mitchell satisfactorily proved to me by the said affidavits of the said Gideon Barth & their own affidavits sworn annexed so that I have no doubt of their Integrity - From the annexed affidavits it fully appears to me that the said Robert Kelley Martin Mitchell & Joseph Mitchell enlisted to serve dur- ing the revolutionary War and did actually serve the term of it & were honorably discharged - And that Samuel Mitchell deceased also enlisted to serve in like manner & did actually serve until slain by the British at the Battle of Yorktown - and that the said Robert Kelley Martin Mitchell & Joseph Mitchell are of good character and credible witnesses. And I am of opinion from the aforesaid testimony that the said Martin Mitchell is brother and the

the said Robert Kelly Martin... Mitchell an of good character and credible witnesses. And I am of opinion from the aforesaid testimony that the said Martin Mitchell is brother and the only surviving heir at law of the said Samuel Mitchell deceased - In testimony whereof we have caused the seal of Office of our said Surrogates to be hereunto affixed. Witness John Brink Esquire Sur- rogates of our said county at Pough- keepsie in the said county the thirty day of August 1919 & of American Independence the forty-fourth -
John Brink Surrogate
I W th Henry Bulkley Deputy Clerk of the County of Dutchess in the State of New York do hereby certify that John Brink above named was on the day of the date of the above Certificate Surrogate of said County duly commissioned and sworn and that the above is his signature - In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said County this thirty first day of August one thousand eight hundred and nineteen W th Henry Bulkley.

Martin Mitchell, Brother & only heir at law of Samuel Mitchell prior 2 nd N. York Regt. Wt ipd No 852
Joseph Mitchell prior: 2 nd N. York Regt. Wt ipd No 853

State of New York } County of Dutchess } ss: Martin Mitchell being duly sworn doth depose & say, that he is the same Person described in, & who executed the within Power of Attorney, & that the same is his own free & voluntary act for the purposes mentioned therein. Sworn to, & subscribed this 31 st day of August 1819 before me Milton Barlow One of the Justices of the Peace in & for Dutchess County -
State of New York } County of Dutchess } ss: Gideon Castle & Robert Kelly being duly sworn, depose & say, that they & each of them were personally acquainted with the within named Martin Mitchell, & well know him to be the Person described in the within Power of Attorney - Sworn & subscribed this 31 st day of August in the year 1819 before me. Milton Barlow Justice of the Peace in & for Dutchess County -
State of New York } Dutchess County } ss: I certify that the above named Gideon Castle & Robert Kelly are Credible Witnesses, deposed at Washington Aug. 31. 1819 - Milton Barlow
Deputy Clerk & acting S. Pease - Jacob Van Benthuyzen Clerk of the County of Dutchess, in the State of New York. Do hereby certify that Milton Barlow, before whom the above Affidavits appear to have been made, is a Justice of the Peace, acting under the authority of this State, & that the above is his signature.
In testimony whereof I have hereunto set my hand & affixed the seal of the County this 24 th day of November 1819 J. Van Benthuyzen

Know all men by these Presents That I Martin Mitchell of the Town of Amenia in Dutchess County & State of New York. Have by these Presents do constitute & appoint James Morris of the same Place my true & lawful Attorney, for me & in my name & in my behalf to procure for me & receive from such officer or Person as shall be legally authorized to grant the same a Land Warrant for the quantity of Land to which I am entitled as the sole surviving Heir at Law of Samuel Mitchell deceased, late a Private in the Army of the United States, for the services rendered by the said Samuel during the late revolutionary war, pursuant to the Law of the United States in such Case made & provided And I do further empower the said James Morris to do & to perform all such acts & things, & to give such receipt, or execute such instrument in writing as shall be required in as full & ample a man- ner as I could myself, were I personally present. And I do further empower him to constitute & appoint an Attorney or Attorneys under him for the said pur- poses. Also at pleasure to revoke the same. And I do hereby ratify & confirm whatever my said At- torney or Substitute shall lawfully do in the premises. In testimony whereof I have hereunto set my hand & seal at Washington the thirty first day of August in the year of our Lord 1819 Signed sealed & delivered in presence of
Martin Mitchell
Robert Kelley Gideon Castle

Know all Men by these presents that I Mar- tin Mitchell of the Town of Amenia in Dutch - of County & State of New York - late only survi- -ving legal Heir of Samuel Mitchell, late was - late a Private in Capt. Hamtramck's Compa- -ny in Regiment number Second, Commanded by Col. Philip Van Cortlandt, who was enlisted in service in During the revolutionary War & served until he was killed at Gosh Town - Main & by these presents, Do Nominate Con- -stitute & appoint James Morris of Amenia Dutch County & State of New York - my lawful Attorney for me & in my name, to procure & receive from such Officer or Person, as shall be legally authorized to grant the same in Land Warrants, for such quantity of Land as I am entitled to, in consideration of the services of Samuel Samuel Mitchell a Private in the revolutionary War - to wit - One Hundred Acres of Land in the State of Ohio, pursuant to a Law of the United States in such case made & provided - And I do further empower said Morris to do & perform all such acts & things, & to execute such receipt or instrument in writing as shall be required in as full & ample a manner, as I could myself do, were I personally present - And I do further give my said Attorney the Power of Substitution. In testimony where- of I have hereunto set my hand & seal this 6 th day of February in the year 1819 - Signed & delivered in the presence of Milton Barlow

State of New York SS County of Dutchess SS
Martin Mitchell being Duly Sworn, deposeth that he is the person described in & who executed the within Power of Attorney & that the same is his own free & voluntary act for the purposes and consideration thereof.
Sworn & subscribed the eighth day of July in the year 1813 before me Milton Barlow
Justice of the Peace in & for said County
State of New York SS County of Dutchess SS
Robert Kelly of the town of Washington & Moses Mulliner of the same place being duly sworn, say that each of them were personally acquainted with Sam- uel Mitchell within mentioned, that they were really served in the same Regiment with him in the Revolutionary War, that they knew the said Samuel entitled to serve during said & that he served about three years & until he was slain in storming a Redoubt at York Town in a de- tachments commanded by Maj. Nicholas Fort that said Samuel served in Capt. Hamtramck's Com- pany & in Regiment number two, commanded by Col. Philip Van Portlandt - that said Samuel was killed at York Town & that they well know Martin Mitchell the subscriber of the within Power of Attorney, to be the brother of the said Samuel & do not know that there are any other legal heirs to the said Samuel living
Sworn & subscribed the eighth day of July in the year 1813 before me Milton Barlow
Robert Kelly his mark Moses Mulliner mark
Justice of the Peace in & for said County

Sworn & subscribed the sixth day of Feb y in the year 1819 before me Milton Barlow Justice of the Peace in & for said County Robert his Kelly Moses his Mulliner Mark
I certify that the above named Robert Kelly & Moses Mulliner are Credible Witnesses. Dated Washington Feb y 6 th 1819 Milton Barlow Justice of the Peace
State of New York & County of Dutchess ss I Jacob Van Klief
Clerk of the County of Dutchess in the State of New York. Do hereby certify that Milton Barlow before whom the above Affidavit appears to have been taken is a Justice of the Peace, acting under the authority of this State & that the above is his signature.
In testimony whereof I have hereunto set my hand & affixed the seal of the said County. This ninth day of Feb y 1819
Jacob Van Klief