Revolutionary War Pension and Bounty Land Warrant Application File W 21521, for John Kelley, South Carolina
Page 1

(3-1776)

SERVICE
S. C.

Kelley, John
Mary

NUMBER
W. 21521

CONTENTS
Page 2

3368
South Carolina
----------------------
Mary Kelley, decd.
widow of John Kelley, decd.
S. C. 
who died on the [blank] AD 1791
Charlestown in the State of S. Carolina
who was a private in the [blank] commanded
by Captain [blank] of the regt commanded
by Col. Sass in the S. C. State
line for 12 months.
------------------------------
Inscribed on the Roll of Charleston
at the rate of 40 Dollars [blank] Cents per annum,
to commence on the 4th day of March, 1831 & to end 
25 Jany 1840, day of the widows death.
--------------------------------
Arrears to the 25 of Jany 1840     $355.66
Amount payable to Mary D. Martin, 
wife of John Nicholas Martin, and 
only child of said deceased.

{Revolutionary Claim,}
{Act July 4, 1836,       }
{Section the 3d          }

Recorded by D. McCurdy, Clerk,
Book C.  Vol. 1  Page 187
Page 3

Mr Kelly
John
affd. [illegible]   V
1863
Mary Kelly widow of John 
S. C.      4191
Act 4 July '36
Page 4

State of South Carolina
District of Charleston 
Office Court Common
Pleas  Charleston

I Charles C Strohecker Clerk of the 
Court of Common pleas for Charleston Dist So Ca
hereby certify that Patrick Cantwell is a
magistrate and that the signatures purporting
to be his attached to the annexed papers
are genuine.  I further certify that I know
Mr Kelly the claimant Mrs Gruber Mrs C[illegible]
Jacob F Mintzing D Holberk and 
Geo B Eckard the witnesses in this case 
that they are respectable, and that their statements
are entitled to full credit.  In testimony
whereof I have hereunto subscribed my name & affixed the 
seal of my office this 3rd day of December 1838

Charles C Strohecker
Clerk of the Court of 
Common pleas
Charleston Dist. So Ca

[seal]
Page 5

State of South Carolina
District of Charleston

On this 29th day of [April?]
1838 personally
appeared before the undersigned Mrs Mary Kelly widow 
aged 84 years and a resident of the City of Charleston, who 
being duly sworn according to Law Doth on her Oath
make the following declaration in order to be entitled to the 
benefit of the 3d Section of the act of Congress of the 4 July 1836
That she was married to John Kelly, decd. late of Charleston
Baker, who was a private volunteer soldier during 
the War of the Revolution, and served under arms 
against the enemy for two years in the following 
manner, to wit, as early as the year 1775 He
was a member of the German Fusiliers of Charleston
and continued a member of same, (save
the time he done duty as a private in a Militia
Corps in St. Andrews parish near Charleston)
until the surrender of the city in May 1780 when 
he was made a prisoner of war and remained so 
a prisoner (being taken while under arms)
on parol for 12 months.  Deponent further
declares she was married to the said John Kelly
on the 23d January 1774 and that her husband 
the aforesaid John Kelly died in the year 1791 & 
that she was a widow on the 4th July 1836, and 
has not since intermarried.  Deponent saith
that she suffered much by the past fire in
April 1838, and that most of her papers 
were then destroyed, and that she finds
great difficulty now to procure direct testimony
all of which will more fully appear in 
the papers hereto annexed

Mary Kelley

Sworn to and Subscribed before me 
the day and year above written & I also certify
the credibility of the affiant

[illegible] Lee  Dist. Judge of
[illegible] for So. Carolina
Page 6

Lutheran Church of German Protestants.
Charleston So. Ca.   August 13th 1838.

The following extract is taken from the records
of the Church, viz,

"Married on the 23d January
1774, John Kelly - Baker to 
Mary Werner."

I certify the above to be correct.

Jacob F. Mintzing, President


State of South Carolina
Charleston District

Sworn to and subscribed before 
me this day 14th day of September
1838 & I certify the credibility of 
the affiant

P Cantwell Not Pub
& QU for said D [Ct or Clk]
Page 7

State of South Carolina
Charleston District

I Daniel Horlbeck, Treasurer of the German 
Fusilier Society and Company, and keeper
of the original books and Records of said
Society and Company,
Do hereby certify that the name of 
Mr John Kelly appears on the Roll of 
the German Fusilier Company as one who 
was on duty in Charleston in the month
of July 1775.
I further certify that Mrs Mary Kelly
the applicant for a pension is the widow
of said John Kelly - having heard so 
from some of the Inhabitants who 
knew them both.

Danl Horlbeck

Sworn to and subscribed
before the undersigned
this 20th day of Sepr. 1838
and I also certify
the credibility of the 
affiant

P Cantwell
Not Pub & QU for sd. Dist
Page 8

State of South Carolina
District of Charleston

On this 26th day of October
1838, personally
appeared before the undersigned George B. Eckard
[illegible] attorney at law aged 44 years, a resident of 
Charleston and formerly captain of the German
Fusiliers who being duly sworn according to
Law deposeth that he has examined the Roll
of the German Fusiliers as mentioned in the scroll
of Col. Sass picture in the Hall of the German Society
which said Roll is held to be an [illegible] statement 
of the [illegible] of those to [illegible] with said Col Sass. George
with Sass com[illegible] at the fifth [drawing?] [illegible] 1779
and I certify that the name of John Kelly is 
there recorded as being so [illegible] in said Corps.
I further certify that the names on the Record
from when the painter transcribed the 
said name is lost or destroyed for it is no longer
in the possession of the company, and that Mrs
Mary Kelly is reputed in this community
as the lawful widow of said John Kelly [illegible]
of whose services in the Revolution she is an 
applicant for a [illegible] and that
she is now very old and feeble.

G. B. Eckhard

Sworn to and subscribed before
me Notary and given above written 
a word obliterated by me 16th [line?] & 
also certify the [illegible the rest of this line]

P Cantwell
Not. Pub. & QU for sd. Dist.
Page 9

State of South Carolina
District of Charleston

On this 1st day of November
1838, personally appeared
before the undersigned Mrs [M?] Barbara Gruber aged 78
years a resident of Charleston and a Revolutionary pensioner
who being duly sworn Deposeth, that she was 
acquainted with the late John Kelly of Charleston Decd., that 
she remembers him during the War of the Revolution,
Dept being at the time a resident of Charleston, that 
he was serving under arms in the militia at the 
time against the British, that she has reason to 
believe he served against them 12 months &
was made a prisoner like the rest of those who 
bore arms at the time of the surrender of the City-
Deponent saith she cannot speak now positively
as to names and length of imprisonment, but 
has no doubt of his being so engaged under arms
during the war against the enemy and never
heard of his joining them, or taking protection 
Deponent saith she is likewise well acquainted
with Mrs Mary Kelly who is the widow of said John
Kelly, that she has no doubt on her mind from her recollection
of these times that said Mary was married to John
Kelly during the War of the Revolution or in the year 1774,
as set forth in said Mary Kellys affdt. and that said 
John died in the year 1791.  Deponent saith that 
said Mary Kelly always bore an excellent character
and that her statements are entitled to credit
and that she has suffered by the recent past fire.

[M?] B Gruber

Sworn to and subscribed before me
the day and year above written & I also
certify the credibility of the affiant

P Cantwell Not. Pub & Q.U.
for sd. Dist So Ca
Page 10

State of South Carolina
District of Charleston

On this 26 day of November
1838 personally appeared
before the undersigned Mrs Ann Cobia aged 74 years
a resident of Charleston, who being duly sworn Deposeth
that she was well acquainted with Mr John Kelly and
Mrs Mary Kelly during the War of the Revolution, that 
she knew them as a respectable married couple at this 
period, and knew the parents of said Mary Kelly, that 
said Kelly was in service on the side of the Americans
and against the British, that she has reason to believe
he served under arms against the enemy during
said war for two years, that she remembers to have
heard of his being at Stono & at Beaufort, and that 
she has reason to believe he was also at the Siege
of Charleston, and when the City surrendered in 
May 1780 her impression is he was made a 
prisoner, and those reports of others who were
taken prisoner under arms and so retained for 
12 months.  Deponent saith she has reason 
to believe he also served for a short time in a [Country/County?]
Company not far from Charleston.  Dept. saith
she has reason to believe said John Kelly served
in the German Fusiliers of Charleston, and that sd.
John Kelly was married to said Mary Kelly in 
the year 1774, and that said John died in the 
year 1791 - and that she has known the said Mary
Kelly ever since sd. Revolution, that she is now the
widow of said John, that she has suffered by the 
past fire of 1838, and that she believes her statements
are entitled to credit.

Ann Cobia

Sworn to and subscribed before me
the day and year above written 
and I also certify the credibility of 
the affiant

P. Cantwell
Not Pub & QU for sd Dist So Ca
Page 11

Mary Kelly
4191
------------
see let to P. Cantwell, Esqr.
March 28, 1840.
do May 25 1840 -


S. C.
Page 12

V
Mary Kelly, widow
of John.  S. C.
act 4 July 1836 -
see let to P. Cantwell
25 May '39 -- do
19 July '39 & 6 Jany 1840


Act '36
Page 13

Rev
WIDOW, &c.
----------------
File No. 21521
Mary Kelley
Wid of 
John Kelley
Priv. Rev. War
----------------
Act:  July 4th 1836.
Index: - Vol. A, Page 394
[Arrangement of 1870.]
Page 14

4191
Mary Kelley decd.
Wid of John
S C
Act July 4 1836
Married 1744
died 1791

Allow 12 mo pr $40
per ann. to Jany
25, 1840 the day 
of Mrs Kelleys death
cert to Mary D
Martin wife of Jno
Nicholas Martin &
only child of said 
decd.

P. Cantwell Esq
Charleston S C


[calculations on the left side of page]
40.1.25
31.3.4
 8.10.21


106.7
3 1/3

320.1
  35.56
355.66
Page 15

War Department
Revy. Claim.

I certify that, in conformity with the law of the 
U.S. of the 4 July 1836, Mary Kelley decd. late of 
S. C. widow of John Kelley, decd. who was a priv.
in the Revolution, and died in 1791, was entitled
to receive Forty Dollars per ann. comg 4 March 1831
and ending January 25 1840, the day of said widows
death; and that the amt. is payable to Mary D. 
Martin, wife of John Nicholas Martin, and only
child of said decd.

Given at the War Office of the U. S.
this 20 June 1840.


[blank]
Secy. of War


Examd. &        }
Countersigned}

[blank]
Comr of Pensions.
Page 16

Charleston So Ca
6 November 1839

Sir

I respectfully submit the 
accompanying certificates in the case of Mrs
Mary Kelly, widow of John Kelly decd. as 
addl. proof in support of her claim for a 
pension under the act of the 4" July 1836, 3rd
section

I have the honor to remain
Sir
your obedient & humble
servant

P Cantwell



To
James L Edwards Esquire
Commissioner of Pensions
Washington
Page 17

Indent Book X
No. 2575
No. 1
Issued 29th April 1786 to Mr
John Kelly for fifty-two pounds one
Shilling and five pence Sterling for Militia
duty in Water's Regiment pr. acc audited
£52.1.5


State of South Carolina
No. 2    To John Kelly Dr
for Militia duty in Water' Regiment
pr. Anderson' return amounting to 
Currency £364.10- in Sterling £52.1.5

Comptroller General' Office
Columbia 4th Novr. 1839

I do hereby certify that the above memorandum
marked No. 1 in red ink, is a true copy taken 
from Indent Book X No. 2575 deposited in 
this office.  And do further certify that 
the above account No. 2 in red ink, is a 
true copy of the account for which the 
said Indent was issued.

William Ea. Hayne
Com. Gel.
pr B. Hart
Page 18

Nov 4
1775  Cap 8 De 77  decd 20 July 78
2 Rev Mana
21 July 78
16 Nov 78
Ck Nat


John Kelly 19 Mar [illegible] Mar 77




[written sideways on page]
This was one the
claimants husband
Page 19

Indent Book M
No 273

Issued the first of October 1784
to Mr. John Kelly late a private in 
Barnett' Troop, H. Hampton' Regiment
Sumter' Brigade State Troops for ninety
four pounds Sterling, being amount of 
pay and bounty due him for services in 
that Troop; Together with
Interest thereon from first of April 1782 
to date hereof, Agreeable to Resolution
of the general assembly of the Eleventh
of March last                   £94.0.0


Comptroller General' Office
Columbia S.C.  4th Novr. 1839

I do hereby certify that the above is 
true copy of a memorandum recorded in 
Indent Book M No. 273, deposited in this 
office.

William Ed. Hayne
Com. Genl
pr. B. Hart
Page 20

[post mark]
CHARLESTON
JAN 10
S.C.

FREE

James L Edwards Esquire
Commissioner of Pensions
Washington D. C.



[written sideways on page]
Jan [4 or 21?] 1840
S. C.
add proof 
Mary Kelly
Page 21

Charleston So Ca
16 January 1840

Sir

This letter which you addressed to me on the
6th Inst. in relation to the case of Mrs Mary Kelly, the widow
of Mr John Kelly states that "the widow alleges that her
late husband belonged to the militia of So Carolina &c--
one of these certificates shows a service of about one year's
duration in Col Water's Regt. of Militia"
This conclusion is sustained by the words of her affdt. 29 Sep 1838
to wit as "early as the year 1775, he was a member of the German
Fusiliers of Charleston, and continued a member of same, save
the time he done duty as a private in a Militia Corp in St. Andrews
parish near Charleston until the surrender of the City in May 1780"
Mrs Ann Cobia, a Revolutionary pensioner intimate at the time 
with the parties, states that she remembers to have heard of his 
being at "Stono" (June 1779) at "Beaufort" (Feby 1779) and at the 
siege of Charleston (May 1780) and that "he also served for a 
"short time in a country company not far from Charleston"
see affdt. of 1st November 1838 --
the certificate of George B Eckhardt Esq. the present City Atty
attests that the Rolls of the German Fusiliers proved
"that said Kelly was at the fight of Savannah in 1779"
see his affdt. of 26 October 1838 -
The Certificate of Dr. Holburk Esqr atty at Law of this City
also proves that he was a member of this Corps in 1775
It is submitted with deference to you Sir that as the 
Certificate of the Comptroller General of So. Carolina shows 
12 months service in the militia - that the evidence 
of the other witnesses in this case, namely the widow, Mrs
Gruber, and Mrs Cobia, and the Records of the Corps prove
12 months more - to wit at Beaufort, at Stono, at Savannah,
at Charleston prior to 1779 but the Siege of that city in 1780.
Page 22

If the services above recounted, if the unbroken
chain of testimony that sustains it prove
out 12 months service.  It will be for the commissioner
to apply the rule that [illegible] period like to that 
which allows 6 mo. for service at Fort Moultrie
and at the Siege of Charleston
I have got the annexed addl. affd. from Mrs Kelly
she states that she has no doubt that one of the Certificates
of the Comptroller General, to wit, that which refers
to 12 months service in the Militia refers to the services 
of her husband.
I do not know how else it is possible
for us to prove the identity in a more satisfactory
manner & trust it may be satisfactory to 
the Department.

I have the honor to remain
Sir very respectfully
your most obedient & Humble
servant

P. Cantwell



To
James L Edwards Esqr.
Commissioner of Pensions
Washington
Page 23

Charleston So Ca
4 April 1840

Sir

In reply to your communication of the 
28" Ulto. in relation to the claim of Mrs Mary Kelly
the widow of John Kelly.
I am directed by her only surviving
child, Mrs Mary D. Martin, respectfully to 
advise you of her wish to receive a certificate
for 12 months service as a private as mentioned
in your said letter, and further to state to 
you that her Mother died on the 25" January 
1840 and that she the said Mary D Martin
is the only surviving child of the said John Kelly
and Mary Kelly decd. - The certificate of the Ordinary
of this Dist. sustaining these facts is herewith 
annexed.

I Remain Sir
very respectfully
your most obedient & humble servant

P Cantwell 


To 
James L. Edwards Esquire
Commissioner of Pensions
Washington
Page 24

South Carolina
District of Charleston
Ordinarys Office
Charleston So Ca

I Thomas Lebrie ordinary for the District
of Charleston So Ca hereby certify that satisfactory
evidence has been adduced to me to prove that
Mrs Mary Kelly of Charleston decd. died on 
the 25th day of January 1840, that she left but 
one child surviving her, to wit, Mrs Mary D
Martin the wife of John Nicholas Martin of sd. City, and 
that she the said Mary Kelly also left surviving her
several grand children, and that the said Mary
D. Martin is the only child living, or believed
to be in existance of the said Mary Kelly deceased
Given under my hand and the Seal of my office
this [seal covers date] day of April 1840

Thomas Lebrie
ordinary for Charleston
District So Carolina

[seal]


I certify that the words "or about" 6th line 
of this affdt. have been striken out by me in 
accordance with the due process of Law
Given under my hand this 29th day of May
A.D. 1840

Thomas Lebrie
ordinary for Charleston 
Dist. So. Car.
Page 25

Charleston So Ca
30 May 1840

Sir

I Respectfully transmit the Certificate
of the ordinary of this District, duly amended 
according to law, in relation to the claims of the heir of 
Mary Kelly decd. the widow of John Kelly decd -
in compliance with the requisition of the department.

and Remain Sir
with great respect
your most obedient and Humble
servant

P Cantwell



To 
James L Edwards Esquire
Commissioner of Pensions
Washington
Page 26

FREE

James L. Edwards Esquire
Commissioner of Pensions
Department of War
Washington D. C.

[illegible post mark]



[written sideways]
Mar 2 1840
S.C.
add. proof
Mary Kelly
Page 27

State of South Carolina
District of Charleston

On this 14" day of January 1840
Personally appeared before the 
undersigned Mrs Mary Kelly who being duly sworn according 
to law, Deposeth that, in reference to the service of her husband
John Kelly decd. in the Militia of So. Ca. during the War of the 
Revolution, as mentioned in her affdt. as a claimant
(29" of September 1838) and as stated in Certificate of
Comptroller General in relation to her case - and to the demand
of the commissioner of Pensions to prove the identity of her
husband, Saith that, her husband lived in the City
of Charleston at the commencement of the Revolution and 
that about the year 1776 after the battle of Fort Moultrie he left it to reside in one of the 
contiguous parishes, that he occasionally returned to the 
City, that he resided in the Country as she believes
two years before the fall of sd. City to the British, and that 
for the most and greater part of this period he was
in the service, in the militia in the Country doing his
regular tours of duty.  Deponent Saith he in this 
way performed twelve months service in the Country
which added to what he done in the City & neighborhood
would as she believes amount to two year service
under arms.  Deponent saith she cannot now 
bring to her mind the names of the Regt. or Compy
save that he served in the Militia of St. Andrews
parish, nor of the officers under whom he served,
and she has no doubt that one of said Certificates
which refer to service in the Militia of this State refers
to her husband John Kelly's services

Mary Kelly

witness Ann Kinsey

Sworn to and Subscribed before me this day
& year above written.  the word after the Battle
of Fort Moultrie 12 line first written - I also 
certify the credibility of the affiant

P Cantwell
Not Pub & QU for 
sd. District