[A verbatim copy, including spelling errors, of a county court transcript written by a court clerk.]
Declaration of Ann Mitchell in order to obtain the benefit of the act of Congress of July 7, 1843 [7 June 1832].
State of North Carolina
On the 20th day of June 1843 personally appeared before me Guilford Cooper a Justice of the Peace of the County of Caswell, Ann Mitchell a resident of Caswell County aged Eighty One years who being first duly sworn according to law, doth on her oath make the following Declaration, in order to obtain the benefit of the pension made by the act of Congress passed July 7th 1838 entitled an act granting half pay and pension to certain widows who was in the army of the Revolution, done tours, or a private Soldier and at other times as a Continental from the begining of the war in 1776 until fall of the year 1781 was in the battle at Kings Mountain, Guilford Court House, North Carolina, besides several skirmishes with the Tories and stationed some time at Fayetteville North Carolina always as a volunteer in the militia, was of Capt McMullin Company and others. She further declares that she was married to the said David Mitchell on the 13th day of June in the Year Seventeen hundred and eighty two (1782) that her husband, the aforesaid David Mitchell died on the 30th day of August Eighteen Hundred & thirty one (1831) That she was not married to him prior to his leaving the service, but their marriage took place previous to the first of January Seventeen hundred & and ninety four, viz. to the time above stated.
[her mark] Ann [X] Mitchell
Sworn to and subscribed on the day and year above written before Bluford Cooper J. P.
State of Tennessee
Before me James Beams a Justice of the peace in and for the County of Rutherford aforesaid, this day personally appeared William Mitchell aged about seventy eight years, a soldier of the Revolution, and a pensioner of the United States who after being first duly sworn deposeth and saith that David Mitchell late deceased of Caswell County North Carolina was his brother and did leave a widow Ann Mitchell as he is informed and believes still survives and resided in said Caswell County. This deponent saw the said David and Ann married which occurred in Orange County North Carolina at the resident of William Anderson her father. Deposient was present at the wedding — it occurred shortly after the close of the war — he thinks about one year after the state of active service. Said David Mitchell served as a private soldier in the Militia of the Revolution for the period of six months. His officers were Captain John Atkinson, Ensign Payne and Lieutenant Douglass. Deposient knows of his going into the services & returning from it. He enlisted in Caswell County and marched down in the direction of Fayetteville, N. Carolina. Deposient cannot remember where this six months tour was served since it was a year or two before his subsequent service. The next campaign in which said David Mitchell served he acted as Lieutenant, and McMullin was his Captain; deposient was a private in the company. This tour of service lasted eight weeks, and during continuance said David was at Ferguson’s defeat at Kings’ mountain, and was in the battle. The next tour of duty performed by said David Mitchell lasted five weeks under Captain Harguss. David Mitchell was a Lieutenant in the Company & this said David with his company was in the battle of Guilford County House — The next campaign he served was in the tour of three weeks to Livingston swamp where there was a skirmish. McMullin was the Captain, and David Mitchell was again Lieutenant. Deposient served with said David in all these campaigns except the first named — Deposient was then too young to go out; but took a deep interest in the eventful scenes of that day, and remembers well of the details of his brother’s service in the first campaign of six months; they were the subject of daily conversations as they occurred, and were [illegible] up by the family. Deposient for further particulars and for facts which times may have obliterated in his memory refers the department to his declaration for a pension.
And further this deposient saith not [signed] Wm Mitchell
Subscribe & sworn before me this 6th July 1843 and I certify that said William Mitchell is a person of excellent character & worthy of credit in any court of justice as elsewhere. [signed] James Beams, Justice of the peace for Rutherford County, Tenn
Know all men by these presents that I John Mitchell [son of David and Ann] Executor of David Mitchell and Administrator of Ann Mitchell do hereby irrevocably constitute & appoint John Y. Bryant of the City of Washington, District of Columbia, my true & lawful Attorney for me & in my name place & stead, to recover claim & receive any sum or sums of money due & unpaid to me, on account of any arrearages of increase of pension to which I may be entitled or Executor & Administrator as aforesaid, under existing pension Laws of the United States, to file such evidence as may be required make such arguments as may be requisite, to secure & collect such sums of money as may be found to be due & to receipt for the same, as my said attorney. Hereby notifying & confirming all that my said Attorney may legally do or cause to be done in the premises.
In testimony whereof I have here unto set my hand & seal this 21st day of July 1852 [signed] John Mitchell Executor of David Mitchell
Witness Philip Harnett, Edward T. Morton
State of North Carolina, Caswell County
Be it known that on the 2d day of July 1852, before the subscriber a Justice of the Peace in & for said County duly authorized by law to administer oaths personally appeared John Mitchell above named & acknowledged the foregoing power of attorney to be his act & deed. In testimony whereof I have hereunto set my hand this day & year last above mentioned Philip Harnett, J.P.