Revolutionary War Pension and Bounty Land Warrant Application File S. 15495, for Edward Kearney, Delaware
Page 1

Sir
Pen off
June
89
4. 46
I have the honor to
return you M Thompson, letter respec
ting the case of Edward Kenney
and to inform you that he was renadised
by allowed a pension in 1833 when
there was a great pressure of business
& the examining clerks were inex
perienced & imperfully acquainted with
the revoy service but upon a reexamination
in 1835 was dropped
from the roll of Pensioner since
that time a considerable corresper
devil has taken place with the
claimant himself & with Messr W.S.
Morgan, Bellamy Storer & R.
Johnson. It is believed that certified
copies of his papers are in the files of
the to keep in 1837 The enclosed copy
of my letter to the claimant dated
Nov 39 will shew the difficulties of
Page 2

Virginia 12.778
Edward Kearney of Ohio Co in the State of Virginia was a private in the company commanded by Captain Snow of the [blank] commanded 
in the [strikethrough 'Virginia']Delaware 
[li]ne for 18 months.

Inscribed in the Roll of Virginia 
[at] the rate of 60 dollars and [blank] Cents per annum 
[to] commence on the 4th day of M[unreadable].

Certificate of Pension issued the 22d day of May 33 
and sent his McColloch 
Wheeling Va-

Arrears to the 4th of March 33. ...           120
Semi-anl. allowance ending 4th Sept. ... 30
            [Total]                                         150

Revolutionary Claim, 
Act June 7, 1832

[Notation]
Appeal
Decision of office ass. by sec [illegible] June
10, 1872 see letter on file 
in case of Saml Harbert[?]
4[strikethrough]10.646. S.File 13447

Recorded by Ruth Neuman Cle[rk]
Book E Vol 6 Page 1

[Righthand page]
[strikethrough:] Let. 13 Mar '35  S. C. Robinson.
Let 14 July '35 Agent drop'd
[not struck:] Let 14 July '35 Clk Sent Court
[Strikethrough:] Let 18 Apl '36 to Hon W. S. Morgan
Let 17 May, '36 to claiming
Let. 7 Feb. '37 to Hon P. Stoner
[not struck:] papers copied and sent to Hon B Flores 
Feb 11, 1837  ^let.  [strikethrough:] tfed. of State Dover, 
Delaware, Nov. 7. 1839 to claimant [illegible]
7. 1839.
Let: 2nd Feb '41 Ho. R. H. 
Johnson
Hon. W. G. Brown
June 4, 1842



Edw Kearney



[at right angle to above:]
Sworn[?] & alleged Apl 30/60
Page 3

Edward Kearney
24974

[At right angle to above:]
John McColloch
Page 4

State of Virginia
Ohio County
On this eighteenth of February one thousand eight hundred and thirty three personally appeared before me a a justice of the peace and member of Ohio County Court Edward Kearney a resident of said County
aged seventy nine years who being just duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June the 7th 1832.
That he entered the service of the United States under the following named Officers and served as he states according to the best of his recollection without being positive as to dates - That he entered as a volunteer in Kent County Delaware under Captain James Ray
more on the first of August 1777 and immediately after marched to Middletown
New Castle County where we lay untill the 11th September when we were marched in company with Captain Manliff company of Militia Captain Currie Company of Militia under Col West to Cooch's Bridge where we had a smart skermish with the British. The enemy retreated and left three dead. We left here the same day and marched to Aikin Town 30 miles or more off and stood there a month and then back to Middletown where we staid a few days when we were marched to New Castle town after being here some some days
we were ordered to fort penn where we remained some time were ordered to thoroughfare neck staid here some time here when we were ordered to Benn Curhook Island where we remained
Page 5

fifty two days Then we returned to Whitehall
Landing and there stetioned for two months as
a guard - (The Militia were not with us neither
here nor on the Island some had run away and
The rest had been discharged before we come to the
Thorough fare) Our company was then ordered back
to Thoroughfare Neck stad four days and then
marched back to Whitehall Landing after staying
2 or three weeks we were ordered to Smyrna landing
where we had a fight with the British and
Tories took two barges retook a vessel loaded
with flour and killed 23 and took 14 who
were wound and nine not wound.  This was
sometime in the winter for I mind it was very
cold and the British were in Philadelphia
We[?] lay sometimes at Mawhong[?[] ditch and fort/first
Landing - Little neck Landing Frederica and
other places all in the Vicinity of Dover until 
Agust 1778 when we were discharged the 3d
day of August by Captain Silas Snow who
had been our first Lieutenant until march
when he became the Captain in place of Roy - 
who had been made a Colonel of Militia
and went home - This service continued at least 
one year the time we entered for at first[?]
we were a Uniform Company tasked like
Regulars - as we all had Blue Coats with buff
facing leather Caps and white trousers
when we went out but not white long
Page 6

we were paid for our Years service in Congress
money - In September of 1778 I think the 18th
of the month our Company Volunteered again under
Captain Snow for six months to guard the shore
against British & tories in there excursions on the
Delaware during this service we were going 
nearly all the time from one place to another
never more than a few days at one place
at a time - In one of our Scouts in this tour we
retook Charles Greens Vessel from Captain Jesse 
Turner[?] and Turners[?] Boys with Eighteen men all
Tories from Choptank River in Maryland
This action took place below Nicholas Bono[illegible]
Landing in the Month of February 1779 under Captain
Thomas Cumberford our first Lieutenant when
we started but had succeeded to the command
some time before in place of Snow who had
been taken prisoner by the Tories commanded by
George Mann - Crane[?] was taken at a house [words crossed out] in the neighborhood of where we lay
at Whitehall Landing I think a month precede[?]
to the time I last stated - We were discharged
by Captain Cumberford the 10th of March 1779
and served in this tour at least six months
we were called the flying camp - 
Not long after this, I engaged in the service 
of Doctor James Tilton of Dover Delaware
Page 7

as a waiter and continued in his service as
such untill the end of the war.
I have no documentary under of my service nor
do I know of any person now living who can certify
to my service.
I was born in Kent County, Delaware May 10
1753.  moved to Ohio County Virginia twenty
years ago where I have lived ever since.
He hereby relinquishes every claim whatever to a
pension or annuity except the present and declares that
his name is not on the pension Roll of the agency
of any State or Territory. Edward Kearney HisXmark

Sworn to and subscribed the day and year
aforesaid
W.M. Brady
-
We George W. Robinson a Clergyman residing
in the County of Ohio and state of Virginia and
John Hamlet residing in the same County &
state hereby certify that we are well acquainted with
Edward Kearney who has subscribed and
sworn to the above declaration that we believe
him to be seventy nine years of age that he is reputed
and he lived in the neighborhood where he resides
to have been a soldier of the Revolution and we
concur in that opinion.
Geo. W. Robinson
John Hamlet
Sworn to and subscribed the day and year aforesaid 
(signed) John Brady
And I the said John Brady do hereby declare
his opinion after the investigation of the matter and
after putting the interrogatories prescribed by the War
Department that the above named applicant
Page 8

was a Revolutionary soldier and served as he states
And the said John Brady further certifies
that it appears to him that George W Robinson
who has signed the preceding certificate is a
reputable clergyman residing near the applicant
and that John Hamlet who has also signed
the same is a resident of Ohio County in
the neighborhood of the applicant and is a
creditable person and that their statement
is entitled to credit.  (signed) John Brady
And I the same John Brady certify that the
applicant from age and infirmity is unable to
attend Court.  (signed) John Brady


(the following is crossed out)
I John Clough Clerk of the parent of
Ohio County Virginia do herby certify that
John Brady whose name is signed to the above
in four places is an acting Magistrate of this County
for member of Ohio County Court
In testimony whereof I have hereunto set my hand and
seal of office this day of February 1833
Page 9

State of Virginia
Ohio County towd

I John McCollock Clerk of the
County Court of the County & State aforesaid do hereby
certify that John Brady who has affixed his name
to the within in four different places is now and
was at the time of doing the same an acting Justice
of the peace in and for the County aforesaid
duly commissioned and sworn and that full faith and
credit is now and ought to be given to all his (damage)
as such as well in Courts of Justice.
In testimony whereof I have hereunto
Set my hand and affixed my
Seal of Office this 30th day of
February 1833 and in the 57th year
of the Commonwealth.
John McCollock
Page 10

No 24974
Edward Kearney Ohio County
Virginia
Admit as a private
for 18 mo.
$60-

Jno McColloch Clk Ohio County
Virginia
Page 11


WAR DEPARTMENT.
Pension Office,
183

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
---

A STATEMENT, shewing the service of Edward Kearney Ohio County Virginia
==============

Period when the service was rendered.
     Vol Aug 1777
     Vol Sept 1778
     Served

Duration of the claimant's service
Years      Months      days
    1              --               --
   --                6             --
    --              --              --

Rank of the Claimant
   Private
        "
   as Waiter

Names and rank of the Field Officers uner whom he served
     Capt Raymond
     Capt. Snow
     ---

Age at present, and place of abode when he entered the service
     79 years
      Kent Count Delaware


Proof by which the declaration is supported.
     Traditionary evidence certified credible
     papers correctly attached
-
I am, respectfully,
Your obedient servant,
J. L. EDWARDS.
Commissioner of Pensions.
Page 12

2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army
and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all
persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who
were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to
Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are
also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged
in guarding particular
places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming
the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first
instance, make application by transmitting the following declaration, which will be made before a Court of
Record of the County where such applicant resides. And every Court having by law a seal and Clerk is
considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of
County of [blank] } ss.

On this [blank] day of [blank] personally appeared (a) before [blank]
A. B. a resident (b) of [blank] in the country of [blank] and State, Territory or District
of [blank] aged (c) [blank] 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 enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank]
line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged,
and the country through which he marched. [finger pointing >] This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he
declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of
the Agency in the State of [blank]
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.
I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman residing in the [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank] who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after
putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the [blank]
and that C. D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.
I, [blank] Clerk of the Court of [blank]
do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] 
day of [blank] &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; 
but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
of the applicant, and such circumstances connected therewith, as may have a tendency to throw light
upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful
in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 13

3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition. If one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.{To a Soldier,} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
{To an Officer,} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?

7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

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 Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection he served not less than the periods mentioned below, and in the following grades:--For---year---months, and --- days. I served as a---.
For ---months and --- days, I served as a ---; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely stat that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagements, the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.

(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.

(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

The notes from (a) to (i) are all equally applicable in the cases of Militia men, Volunteers and State Troops, The proof required by rule in (j) note applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 14


State of Virginia
Ohio County Ss
On the 25 day of January A.D. 1860
before the undersigned a Justice of the peace in and for the County
and State above named, personally appeared John Brady and
William Irwin both residents of said County, and who are known to 
me as credible witnesses, who being duly sworn declare that they are
personally acquainted with Mrs Ann Biggs, who has made the foregoing
affidavit and were long and intimately acquainted with him further
Edward Pearney who was a Revolutionary soldier-- the said John Brady
from about the year 1819 and the said William Irwin from about
the year 1830 and both had frequent intercourse with him up to his
death which took place as we believe some time in May A.D. 1848
That they know that Edward Pearney was a pensioner and that his pension
was suspended in consequence of his statement made to an agent of the
Government. They state that for many years previous to his death they have 
frequently heard Mr Pearney Complain of a disease in in hand which frequently
disqualified him from attending to business of any kind, and we frequently
heard him say that he had just had one those attacks when he had
the Interview with the agent of the Government and applicants believe that such
was the case
They further state that the said Edward Pearney died at the residence
of son-in-law Benjn Biggs in Ohio County State of Virginia some time
may in the year one thousand Eight hundred and forty eight as they
believe and left no widow and children other than Mrs Ann Biggs
who has made the foregoing declaration, and they testify that
they have no interest in any claim that may be due the said Mrs
Ann Biggs.
Jn. Brady
William Irwin hisXmark

Sworn to and subscribed before me the day and year first
above written and I certify that I am not interested in the
claim or concerned in its prosecution.
W B Curtis J.P.
Page 15

State of Virgina
Ohio County SS
On this twenty fifth day of January, AD.
1860 before me the undersigned a Justice of the peace, and one of the Judges of
the County Court in and for the County and State above named personally,
appeared Mrs Ann Biggs wife of Benj'n Biggs and a resident of Ohio County
who being duly sworn declares that she is a daughter and the only child of
Edward Kearney who was a Revolutionary pensioner on the Virginia roll 
under the act of June 7th 1832 and whose pension was suspended prior
to his death.
She further states that her Father the said Edward Kearney died in
Ohio County State of Virginia on the 2d day of May in the year one thousand
Eight hundred and forty Eight 1848 leaving surviving him no widow
and no child or children other than the affiant, that she has in her
possession a private record containing an entry of the death of her said
father of which the following is a copy. Edward Kearney departed this life 
May 2d 1848. In the 96th year of his age.
That said entry is in the hand writing of this affiant and was written by
her a few days after the death of said father. 
She makes this declaration for the purpose of obtaining the arrears of
pension to which her father was entitled at his death and hereby
(illegible) and appoint Tucker & Lloyd, of Washington D.C. her attorney to prosecute
said Claim.
In presence of                          (signed) Ann Biggs
Asby Stevens
Jno Brady

Sworn to and subscribed before me the day and
past above written, and I certify that I have examined the family
record referred to in the foregoing affidavit and find that the
entry of the death of Edward Kearney is correctly copied therein.
W B Curtis J.P.
Page 16

Rev. & 1812 Wars Section

March 30, 1826

D. E. Biggs
505 Seventeenth St.,
Parkersburg, West Va.
Sir:


I have to advise you that from the papers in the Revolutionary War pension claim S. 15495 it appears that Edward Kearney was born May 10, 1753 in Kent County, Delaware where he resided during the Revolution.
He applied for pension February 18, 1833 while living in Ohio County, Virginia and stated that he enlisted early in August 1777 and served until August 3, 1778 in Captains James Raymond and Silas Snow's Company of Delaware Troops. Also that he re-enlisted September 10, 1778 and served to March 10, 1779 in Captains Silas Snow and
Thomas Cumberford's Company of Delaware Troops, and that soon after, he was engaged in the service as a waiter to
Dr. James Tilton of Dover, Delaware and continued with him until the close of the Revolution.
He was allowed pension on account of said services but upon re-examination of his claim it was decided that the claim had been erroneously allowed without record evi-
Page 17

dence of service as required by the pension laws. He was called upon for the same but was unable to furnish it from the records of the state of Delaware and his name was not restored to the pension roll.
He died in Ohio County, Virginia, May 2, 1848 at
the home of his only surviving child Ann, the wife of Benjamin Biggs. His wife, whose name is not stated, did not survive him.

Respectfully,
WINFIELD SCOTT
Commissioner.

Ok'd
Page 18

(LETTER HEAD PRINTED)

FIFTY-EIGHTH CONGRESS
-------
William P. Hepburn, Iowa  Chairman
James S. Sherman, N. Y.
Irving P. Wanger, Pa.
James R. Mann, Ill.
William C. Lovering, Mass
Fred C. Stevens, Minn
Charles H. Burke, S. Dak.
John J. Each, Wis.
Francis W. Cushman, Wash
Thomas B. Kyle, Ohio.
Charles E. Townsend, Mich.
Robert C. Davey, La.
William C. Adamson, Ga.
Dorsey W. Shackleford, Mo.
William H. Ryan, N. Y.
William Richardson, A.
J. E. Hill, Clerk.
Jas. F. Brynn, Ass't Clerk.

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES U.S.


Hon. Vespasian Warner,
Commissioner of Pensions.

Dear Mr. Warner

I am informed that the ancestor of some of my
constituents, Mr. Edward Carney,(aka Kearney) who died in 1848, was for some years
pensioned as a soldier of the Revolutionary War, the date during which he received pension being given as from 1820 to 1835.

Will you kindly let me know whether the name Edward Carney ever appeared upon the rolls of Revolutionary War Pensioners, and if so what are the facts respecting his service, and greatly oblige,

Yours very truly,

Irving P. Wagner (his signature)

M. C. STH DIST. PENNA.

(TWO STAMPS)

FIRST DEPUTY COMMISSIONER 
SEPT 7 1905
US.
PENSION OFFICE

O.W. & N. DIV
SEPT 7 1906
FILES
Page 19

(government ticket)


15,495
INVALID 
-----
File No.   145,495
Edward Kearney
Pri Rev War
----
Act:  June 7th 32
Index:Vol.   1   , Page 204

(notes on opposite page)

1906 sept 10 history to Hon Irving P. Wanger
----
July 17, 1907 Tombstone
data A Q.M. Genl USA  act
1926 Moh 30 = hist to D.
E. Briggs - MM & F
Page 20



Pension Office, April 30. 1860

Gentlemen,

agreeably to your request of the 18th instant
I have carefully examined together, the following Claims, viz:

Samuel Harbert, deceased, 
                                   late of Va Act June 7/32
Edward Harbert, Deceased
                                    late of Va Act June 7/32
Abraham McCallock, deceased
                                     late of Va Act June 7/32
Edward Kearney, deceased
                                     late of Va Act June 7/32
Edward Goodwin, deceased
                                     late of Va Act June 7/32
Christopher McVaney, dec.
                                    late of Va Act June 7/32
These claims were filed by you at different times, but they belong to a class, depending upon the same preliminary general rule  LP all the above named parties were pensioned under
large act of June 7, 1832: but (with a ^large^ number of others), were (XXX) stricken from Rolls (XXXX) in 1835, (XXXXXXX)  on the ground that they were unproperly admitted the proof addressed

(note - XXX equal word or sentences crossed out)

(continued)
Page 21

(contd pg 2 Penn Office April 30, 1860)


failing to show a sufficiency of possible
service. Some of these this class of pensions
were subsequently restored to the rolls upon
the production of ^satisfactory^ additional evidence of service  and others on the ground that upon suits being instituted by the government for the ^recovery of^  money already paid (XXXXX) its own officer (the District attorney) voluntarily submitted to a nonsent(?)
confessedly upon an examination of
the law and evidence", None of the
claims under consideration have been
brought within the rule ^thus^ adopted in ^relation to^  this class of cases.  You have 
 neither (XXX) addressed (XXX) ^additional^
 evidence (XXXX) of the service of the parties whose names you ask to be returned to the rolls, nor have You shown that the government
has admitted, (XXX) in any form that the action of my predecessor in suspending the payment
of their persons was wrong. I am constrained, therefore, to refer the application

(note XXX equal words or sentences crossed out)
(^ ^) words inserted
Page 22

Edward Kearney
Pensioner Ohio Cty.
Faxes
This is a bad can; the claimant alleges 18 mos [illegible] been in the militia in Deleware [Delaware] -
Page 23


Edward Kearney Served 1 ye & 6 Mos

I the undersigned Edward Kearney in  pursuance  of the requisitions of the Secretary of War, give the following statement of my services as a soldier in the war of the Revolution and statement of my age & to wit

I was born May 10th 1753. So said my fathers Bible  I am a native of Kent County Delaware, and lived in that county, until within the last fifteen years - in that time I have lived in this region of county-

In July 1777. I volunteered for six month, under
Capt. James Raymond (the Company about 100 men) mostly served  at Middletown New Castle County and march down to Lewistown on the 
 on the capes. thence to Palot(?)Town 
thence to Milton Sussex City -thence to Ceder Creek - thence to Milford Creek thence to Murdiele creek. thence to June creek, and so on about and around the coast until we came to Bomberkirk Island, on getting  there our term of service ( 6 mo.) expired, without leaving the last mentioned place about 80 of the same
company including myself re-volunteered under Capt. Sevon(?), ( our Lieutenant in the time first mentioned) for six months our operations in this time was as the same "ground" first above mentioned, and it was the same kind of service.  Whilst in this tour of Service Capt Sevon(?)  was taken prisoner  at his own house- Leut. Cumberfoot succeeded to the command I served out the time of six months. (this was in 1778) went home and staid there for seven or eight days only, then intend again (the then letter) for 6 months longer, I served this time under Capt Cumberfoot (last above named) our operations in this time, were confined to the district County first above mentioned. I served out the 6 months - all my service (18 months) was continuous and without intermission with the exception of the sum of eight days afore mentioned. - I know of no one living by whom I can prove my services. - Doct. McKeehan wit;h my Declaration  to whom I made the same statement
Page 24

in substance, was made. In Witness of all
which I hereto subscribe my name July 1 1835

Edward ( his X mark) Kearney

Witness
Samuel Browning

A copy sent - W.G. Singleton

Memo -  this old man is a recent settler in Ohio City - no one there knows any thing of his services.-the *opinion of his neighbors sofar as I learnt -  is highly unformable to him*. I was unable to gather anything from his *Manner of detailing his service*- it seems to me however that he was rather *to Zealous* in the cause 18 months continuous service for a Militiaman in three service tours - is  in my opinion rather our during  the matter

Respectfully Report.
W G Singleton
July 6. 1835.

(note sentences with * -* before and after are underlined)
Page 25

(envelope)

West Liberty               free
May 10

Hon Andrew Jackson
Washington D.C.

(notes on envelope)

Referred to the 
secretary of War 
& pension agent  A.J.

K 95
11th May 1836
Pension Office
Ed Kearney
re Act 1832
No 12,778
nothing in sworn
Page 26


West Liberty  Va   May 9th 1836

Hon Andrew Jackson

Sir you will pardon the boldness of an
entire stranger who presumes to address you a line, to recite his griefs to your excellency   I am an old man now in my 83'd year poor and on
the verge of the grave, my early life was spent in the war of the revolution in defending our country and assisting to gain our
independence   three years ago I obtained a pension from Government of Sixty dollars a year during life    this I hoped would
render my old age comfortable but alas that has been taken from me   when it was first stopped  I was told that it would soon be returned   that an agent was coming round to examine our claims & that when government was assured that I was no imposter
my pension would be continued   but nothing but disappointment appear to be my lot   the agent a Mr. Singleton called and found me sick
he put a few questions to me which I answered as well as I was able and left me   my pension not being restored I got a friend to write
to Mr. Morgan our member of congress on the subject   Mr. Morgan applied to the war department and sent me a letter containing one he received from J. L. Edwards commissioner of pension stating that I could not be restored without other proof of my services than I
had given and that be impressions arose with the deportment of my character growing out of reports concerning me in my neighborhood who could have given their  reports to the agent    I cannot tell some evil disposed person might have spoken unfavorably of me to Mr. Singleton   but had he mentioned them to me I could have referred him to scores of respectable men in this section who I believe
would have contradicted the reports whatever they may have been that have been so prejudicial to me   and now General having given you a fair statement of my complaints I must make my last appeal to you    I never saw you but I full bold to apply to you because
I have been told you were the friend of the old and worn out Soldier, interpose then your authority nor suffer one who in his
youth like yourself suffered hunger & cold and watchings & privations in defense of the country that gave him birth to have to subsist on charity in his old age or perhaps to end his
days in a poor house   Should you wish to make any enquiries concerning one so obscure and unknow as myself Mr. Morgan our member of Congress can refer you to a number of gentlemen

(continued)
Page 27

(continuation of letter to Andrew Jackson)

in the village where I reside and have been for the last fifteen years of whom you might enquire or direct enquiry to be made and now
General I am done   Should this appeal to you who I believe knows how to appreciate the services of a solder fail then farewell hope
but should you listen to my request and have the commissioner restore me my pension then may some comfort yet await me in my old age    I trust General you will do this because you like
myself have fought for your native land in your youth but unlike me Generals and pray for you never may you have not known want in your later years, unable to write myself or even to read
I have procured a friend to write this at my dictation and so subscribe  myself your poor but honest

fellow citizen
Edward Kearney
Page 28

12,778
Revolutionary

Kearney, Edward
Pri. Cap Suow (?)Co
Ohio Co. Virginia
----""-----

To be held up until decision of Secry as the
limitation of 5 years


-----"-----
Page 29

Sir:

I have referred to you for examination_______
late a ________in Company________of the
Regiment of___________
He was discharged on account of________
Should he present himself, please examine him with care and make your report to this Office in accordance with the instructions already
Page 30

E. Kearney
to be copied-
Copied
H. S. Taylor Esq
Page 31

Edwd (sic Edward)  Kearney
17th May # 1136
GC
Record Vol 31 Page 459
Page 32

Depart of War
Pension Office
May 7 1836

Sir

Your letter addressed to the President of the United State of the (illegible),  has been referred to this office.

In reply, I can only (XXXXX) refer you to my letter to  the Hon W. S. Morgan of the 18th of Sep(?) last upon the subject of your claim to a pension (XXX) which, letter I (XXX) find you have  on  from Mr. Morgan

Of  much  was the fact, that the Mellen & Delaware  serving in the war of the revolution rendered the services alleged in your  in your declaration (XXX) most  certainly then may be found  some orders of it either at Delaware or New Castle in that march among orders  of the executive officers, in which proof, by was before matched  to you, (XXX) your name cannot be restored to the pension roll.

Jas


Mr. Edwd Kearney
West Liberty
Ohio Co. 

(Note: (XX) denotes words or sentences crossed out)
Page 33

Hon. W. S. Morgan
Apl 18, 1836
G C

Record Vol 31 Page 382
Page 34

War Dept 
P.O.
 Apl 18, 1836.
Sir,
 I have the honor to return the letter which you transmitted to this Dept in the case of Edward Kearney. The account given by him of his service in his original declaration is inconsistent with the history of the Revolution, and therefore he cannot be restored to the pension roll unless he can give an accurate detail of his services supported by the oaths of 2 credible witnesses. Mr. Kearney must be held to strict proof in order to rebut the unfavorable impression which arises with regards to his character from the accounts given of him in the neighborhood of his residence.  

Hon. W. S. Morgan, 
House of Reps
Page 35

Wm McCulluch
July 14 1831
GC
Record Vol 27 Page 183
Page 36

War Depart
Penn. Office
July 14 1831-
Sir,
I have this day instructed the agent at Richmond, to resume the payment of the pension of Abisha Blodgett, Jno Milligan Robert Pyatt and James Holliday of Ohio County and I have also directed that the names of Edward Kearney and Abraham
McCallech be droped from the rolls.

[illegible signature]
Page 37

G. W. Robinson
13 May 1835
G.C.
Record Vol 27 Pa 23
Page 38

War Dept
P O
May 13th 1835
Sir

Your letter making enquiry relative to the
payment to Edward Kearney & James Holliday, has been received. There claims are regarded as doubtful and payment will not [illegible] to be resumed until after an examination shall
be made upon the report of Mr Singleton the special agent of this department which has not yet been received.
G W Robinson Esq
West Liberty
Virginia
G.C.
Page 39

Va. Cases

9 May 1835

Pension office
Page 40

Recd 9 May 
West Liberty Va. May 6th 1835 G
entlemen I wish you to inform me if Edward Kerney is reinstated on the pension role, if he is it would be very acceptable to him to receive his pention money as he is suffering for the want of it, also inform me if James Holaday is reinstated as he also stands in need of it you will please examine into these cases, and write me word as soon as you can possible ascertain, as his need is great 
Yours with respect 
G W Robinson, agent for E  Kerney 
For L Browning
N B Please Not neglect the above also for satisfaction give as the reasons why it has been delayed
Page 41

West Liberty Va }  Free
May 6                }  G W Robinson P.M.
War office
Washington City D.C.
Page 42

B Stover
Ma.
J.L Edwards Esq
Washington 
DC.

(Vertical)
Jan 28
Ed Kearney 
Va Mil
12,178
Hon B. Stover
HR
Page 43

House of Rep Jany 28 1837
Dear Sir
Edward Kearney of Virginia has applied to be placed again upon the pension roll - He states
he was stricken off in 1834, or 1835- I will thank
you to furnish me with the reasons upon which
the Department acted, also the transcript of the aplication & evidence is the claim.
Yours resp
B Stover
J L Edwards Esq
Page 44

Hon. JJ.? Stover
H.R
7 Feby 1837
OC

Record Vol 41, P 293.
Page 45

War Dept. 
Pension Office 
Feb. 7. 1837 
Sir,
In reply to your enquiry respecting Edward Kearney, I have to inform you that his name was dropped from the roll, because the U.S. Attorney for the Western District of Virginia, who was directed to enquire into his case, reported that the claim was Fraudulent.
[illegible signature]
Hon. B. Stover 
House of Rep
Page 46

records of that State for raising officering &  paying a corps of Coast guards, the inference will be very strong that your alleged service was the ordinary vigilance of a local patrol which devolves on the citizen alike in peace & war and furnishes no claim to the bounty for military service
a letter has been issued to the Secy of Delaware upon the subject 
Mr Edward Kearney 
present 

(vertical0
Nov 7. 1839
Record Vol 49 Page 35
Page 47

War Dep 
Pen off 
Nov. 7.39 
Sir
The papers you have filed, furnish satisfactory evidence that the district inspired against your claim from information recd some time since was unjust, but the difficulty respecting the character of the service in which you were engaged and for which your claim was unadvisedly admitted in the prepare of business under the act of 7 June 32 is still to be removed. The length of the terms of service, is inconsistent with the militia tours as prescribed by the laws of Delaware at that time and if not rendered under your militia obligations, it must have been rendered in some corps raised by special act which the archives of Delaware would show - But if no other evidence be afforded by the
Page 48

Sec of State,
Dover, Delaware
Nov. 7. 1839
G.C.
Record Vol 49 page 36
Page 49

War Dep 
Pen. Off
Nov. 7. 39
Sir 
A claim has been asserted for 3 terms of service of 6 mo  each in a kind of coast guard service between New Castle & Lewiston from the latter under part of 77 under successive enlistments in a corps of 3 companies –
The claimant assents that his first term was rendered under Capt James Raymond -  the 2nd under Capt Silas Snow &3rd  under Capt Thos Cumberfoot-  and adds that the other two companies associated with that in which he served were commanded by Capt Wm Clark & Capt Curry –
Please to inform me whether the archives of Delaware afford any eveidence which either confirms or discredits the allegations of his statement- 
Secy of State
Dover Delaware
Page 50

Nov. 18, 1839
R
Act of Con
Free
George W. Crump Esquire
Acting Commr of Pensions,
Washington
Page 51

Secretary of State’s Office, 
Dover Delaware,
14th November 1839.
Sir, 
Previously to the receipt of your communication, I had examined carefully, all the Revolutionary records in this Office, for evidence of the service of Edward Kearney to when you doubtless allude but without success. There are no papers in the office containing even the names of Capt Raymond, Cumerford and Clarke. 
With very great respect 
Your obedient Servant
Ch. Marin
Secretary of the State of Delaware
G. W. Crump
 J. L. Edwards Esq 
Acting Comm of Pension
Page 52

Feb 1. 1841
Edward Carnes
Ken.
Hon. R.M. JOhnson
Vice Pres. U.S.

(vertical)
Col. J.L. Edwards
Pension Officer
Page 53

Dear Col
Give me an answer to the within & return it with your lobby
R M Johnson
29 Jan Hr41
Page 54

Washington D.C. Mch. 23 “49

Hon. Geo. C. Whiting 
Coms. of Pensions 
Sir
Enclosed please find the claim of the Heirs of Edmond Kearney A Revolutionary Pensioner on the Virginia roll under the Act of 1832 and whose pension was suspended for the arrears and to the period of said Pensioners death (May 2nd 1848.)
 Very Respectfully 
Tucker & Slazan
Page 55

Feby 2 1841
GC
Record Vol 50 page 481
Page 56

Pen Office 
Feb. 2, 1841 
Air
I herewith return the letter of Mr Edward Kearney or Carney, and have to state that his name was inscribed on the pension list of the Virginia agency, under Act 7 June 1832 and that his pension was subsequently suspended because it was believed that he did not perform one tour of continuous service as a militia man of Delaware of one years duration and one tour of six months, as alleged in his declaration. The public records in the office of the Secretary of State of Delaware do not contain any proof of the service. Enclosed herewith is a copy of a letter from this office to Mr Kearney of the 7th November 1839, showing more full, the objections to the claim.
G.C.
Hon. R. M. Johnson 
Vice Pres U. States.
Page 57

Hon. W.G. Brown
June 4, 1846

(vertical0
Hon. W.G. Brown
H.R.
Page 58


Pen off
June 4   46

Sir

I have the honor to return you Mr. Thompson, letter respecting the case of Edward Kearney
and to inform you that he was unadvisedly
 allowed a pension in 1833 when
there was a great pressure of business
& the examining clerks were inexperienced & imperfully (imperfectly) acquainted with
the revoy (sic revolutionary) service but upon a reexamination in 1835 was dropped from the roll of Pensioner -  since that time a considerable correspondence has taken place with the claimant himself & with Messr W.S. Morgan, Bellamy Stover & R.M. Johnson.-  It is believed that certified copies of his papers are in the files of Ho. Rep.   in 1837  The enclosed copy of my letter to the claimant dated 7  Nov '39 will shew the difficulties of

(continued)
Page 59

(continued - letter from Penn Office)

his case which have not been removed
by any evidence from the State of Delaware
Page 60

Claim of the
Heirs of

Edwd. Kearney
decd. U.S. Pensioner
Va. Roll Act of 1832
Page 61


State of Virginia]
Ohio County      ]ss


I Jno McColloch Clerk of Clerk of the County Court in and for the County and State above named do here by Certify that William B Curtis 
Esq before whom the foregoing affidavits were made and whose genuine signature appears thereto is and was at the date thereof a justice of the peace and one of the County Judges
of the County Court in and for the County and State above named duly elected commissioned and sworn according to Law

In Testimony whereof I have hereunto
Signed my name and affixed my
official seal this 28th day of January1860

Jno McCollock CK

(seal affixed to left of page)

Fee 37 cents paid
Jno Mc
Page 62

,
505 17th St Parkersburg, W. Va.
Feb. 9th 1926

Rev. and 1812 was section.

Mr. Winfield Scott
Commissioner of Pensions
Washington D.C.

My Dear Sir:

I had another Grand Father who  fought in the Revolution. Edward Carney of the State of Delaware. I think a private during his first enlistment, Second enlistment he was an
assistant to one Dr. Lee. Carney was born in Delaware in May 1752. Died near West Liberty
in May 1848 aged 96 years. I remember him as I was 7 years old when he died. He drew a pension at one time but during Vanburen's administration it ceased from causes I never learned, Any information you can furnish me in regard to him no matter what will be thankfully received.

Yours Truly
D.E. Biggs

(receipt stamp)
PENSION OFFICE 
U.S.
FEB 10 1926

(note: Carney not Kearney)