Revolutionary War Pension and Bounty Land Warrant Application File S. 32357, for James Kell, North Carolina
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(3-1776) [printed upper left hand corner]
SERVICE [printed above line rules in columns]

N C.
Kell, James

NUMBER [printed above third column]
S. 32357

[line rules printed]
CONTENTS [printed]
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Georgia. 23.860

James Kelly of Rabun in the State of Geo [faded and illegible] who was a [illegible] in the _____ commande [illegible] by Captain Trice of the [illegible] commande by Col. Benton on the Nth Ca line for 13 months ____
[too faded to read]

_____________________________________
Inscribed on the Roll of Georgia at the rate of 166 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
_____________________________________

Certificate of Pension issued the 28- day of June 34 and [illegible] Jos. Graham 
Falls [illegible] Dis: So. Ca
Arrears to the 4th of Sept 1833 416.65
Semi-an. allowance ending 4 Mar 34 83.33
$499.98
{Revolutionary Claim, Act June 7, 1832.}
Recorded by N Rice Clerk
Book [illegible] Vol. 6 Page 95
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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 On this ____ day of ____ personally appeared (a) before ____ A. B. a resident (b) ____ of ____ aged (c) ____ 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) ____, with and served in the ____ (e) regiment of the ____ 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. 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 ____ 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. [____ of the Court of ____ do hereby certify 
(h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ____ for a pension. In testimony whereof, I have hereunto set my hand and seal of office 
(i) this ____ of ____ & 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 ____ and C.D. residing in (the same) hereby certify, that we are well acquainted with ____, who has subscribed and sworn to the above declaration; that we believe him to be ____ 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 ____ and that C.D., who has also signed the same is a resident in the ____ and is a credible person, and that their statement is entitled to credit. 
I, ____ Clerk of the Court of ____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of ____ for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this ____ day of ____ & 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 alleged service, as they are known at the Department. A very full account of the services of each person
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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 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 the 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 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 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 ____ 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 state 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 in highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; 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. 
[k] The notes from [a] and [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops [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.
John S. Ashton
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The State of Georgia
Rabun County } SS

On this Eleventh day of December 1833 personally appeared before us in the Inferior Court for the COunty of Rabun aforesaid, Capt. James Kell of Gilbert County in the said State late and for a great many years resident in this county, who being first duly sworn saith he is aged seventy three years [redacted] doth on his oath make the following declaration in order to obtain the benefit of the pension made by the act of Congress passed June 7th 1832 and first the reason of his applyin in Rabun is that the County of Gilmer is just organized & he has no acquaintances there to prove his character & his first application was in the County of Rabun That he entered the service of the United States as a volunteer under Capt. Jameson in October 1778 in Orange County in the state of North Carolina and was with him down on Deep River after Tories & took them prisoners which they took to Hillsboro & delivered them to General Butler he served two months at [crossed out the] least. —In July 1780 he turned out volunteer under Capt Trice under Col Porterfield and Genl. Butler and joined Genl. Gates at Lynches Creek & marched to Rugeley Mills - and in the evening was marched to near Camden where they met the British & in the morning the Battle was fought he was in the Battle shot twice in the night & once in the morning after the Battle he was marched on retreat to Salisbury & from there to Hillsboro where he was discharged this Tour he served three months at the least —
Afterwards Lord Cornwallis was marching Northward and he was called on as a volunteer to find his horse cloths & arms & fo with Col Taylor he could not procure his cloths horse & in time to start with Taylor but as soon as ready in about a week he followed to Salisbury Taylor had gone but he found Col. Davy he joined his Regt. Of Cavalry under Cat. Lock and marched to Charlottte where they met Cornwallis & had a skirmish fired two or three rounds & retreated to Col. Fifer he then pursued Taylor to the narrows of the Yadkin & he being gone he joined Capt. James Crump of the Horses under Col. Ledbetter he was in several skirmishes with Tories one on McLendals Creek & one on Drowning Creek, during this time he was at [illegible] where they killed several Tories & hung one or two - He served three months & he got a discharge from Col. Paisley & Capt. Crump
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After this in the year 1781 He was Elected Captain of a Militia Company in Orange County & he volunteered in the room of Capt Horton to command a company of volunteers & marched them to Ramsay’s Mill on deep river where he joined General Butler he was marched from there to near Cox’s Iron Works where they remained near two weeks, from there over Haw River over the Red field fort where they remained two or three weeks then marched to intercept Col. Fanning & fought him at Lindsey’s Mill - after the Battle of Lindsey’s Mill marched to Haw River under Col. Mabin & Gene. Butler & continued in that section until the tour expired This tour was not less than three months — He went home & remained but a few days & joined Genl. Butler again went to X Creek & joined Col. Tho. Taylor & Col. Sanders & remained under their command near two months Genl. Butler returned to X Creek & he then got under command of Col. Mabin and General Butler and marched down Cape fear River against the Tories & had some skirmishes & took some of the Tories home which the spies had & was compelled to abandon them — At the end of Four months Genl. Butler directed the Horses sent home & the command of them was given to him as he had been so long in the service his cloths were much worn he was willing to return home which he did. He was out in scouts then to the end of the war & did but one regular Tour. Col. Benton of Orange County ordered him & a part of his company to turn out he did so & was out about one month & was discharged y Col Benton. This applicant served Eight months as a private and Seven months as a Captain at the least all as a volunteer in the State of N. Carolina.
And he hereby relinquishes every claim whatever to a Pension or annuity except the present and he declares that his name is not on the pension Roll of any agency in any state.
And to the questions required to be propounded to all applicants, He makes the following answers. 
1st. He was born in the state of Pennsylvania near Carlisle as he has been informed - in March 6th 1760
2d. Has no Record of his age —
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3d. He was living in Orange County in North Carolina when he entered the service he had lived there from his first recollection as he has heard his Father moved there in 1763. He lived there till the end of the war & after till he moved into Rowan where he lived about 4 years he then moved into Surry& remained there one year, Then he moved back to Rowan one year then moved to Burke where he lived 4 years. He then moved into South Carolina Seneca RIver Pendleton District lived there about twenty years he then moved to Rabun as its organization where he lived till about three years ago he has been all the time since moving about in the purchase of George & has now as he thinks located himself to Gilmer COunty Ga —
4th, Each time he entered the service as a Volunteer
5th. He was with some Regular Officers, Genl. Gates, Col. Robert Mabin Col. Arch Ligtile - Capt Clendinen
6th. He got discharges for every Tour of duty. One given by Col Paisley & others he is not positive by whom signed -
He had a Commission as Captain signed by Gov. Burke & given or filed up by Col Tinning. His discharges & Commissions were all consumed with every other paper & nearly all his property in his House was burned in Pendleton District upwards of Thirty years ago —
7th. I know of no person of my acquaintance who would not testify to my character for truth but in Rabun there are many respectable men of whom I refer - Col. Sam. Bick, Samuel Farris Esq  [illegible] H. T. Mosley present Senator, Edward Coffee & William Kelly present members of the Legislature & I could name some in S. Carolina Genl. Earle - Col. Jos. Grisham Col. Anderson, they I have no doubt believe my word & believe I was a revolutionary soldier.

[signed] James Kell

Sworn to & subscribed in Open Court the day and year aforesaid 
[squiggly brackets]
[signed]
Robert Brown GJC
Allen P Gaines JJC
Wm Gillespie JJC

Edward Coffee
[illegible]
Judges of the Infr Court Rabun Ga
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State of Georgia
Rabun County
[squiggly brackets]

We John S Hurley a Clergyman and Wm P Gaines each of us residing in the county aforesaid, hereby certify that we are well acquainted with James Kell who has subscribed & sworn to the above declaration that we believe him to be seventy three years of age; that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid in open court
[signed:] 
Wm Gillispie JJC
Allen R Gaines JJC
Robert Brown JJC
[squiggly brackets]

[signed] John S. Hurley 
Wm Gillespie
M J Gaines [?]

And the said court do hereby declare their opinion after the investigation of the matter, and after putting the questions or interrogatories prescribed by the War Department that the above named applicant James Kell was a Revolutionary Soldier and served as he states, And the Court further certifies that it appears to them that John S Hurley who has signed the above certificate is a Clergyman, resident in the County of Rabun and that Wm P Gaines who has also signed the same is a resident in the said county and is a credible person and that their statement is entitled to credit.

[signed:]
William Gillespie JJC
Allen P Gaines JJC
Robert Brown JJC

I Jacob Capeheart Clerk of the COUrt of Rabun County Ga. do hereby certify that the foregoing contains the original proceedings of the said courth in the matter of the application of James Kell for a pension.
In testimony whereof I have hereunto set my hand and private seal there being no seal of office yet procured for the Inferior Court at Rabun Court House this [blank] day of December Anno. Domini 1833 —

[signed] Jacob Capeheart
[circular shape drawing with word seal within]
Seal
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May 17, 1935
xxxxxxxxxxxxx
James Kell-S.32357
BA-J/AWF

Mrs. Lulu B. Webster
4124 Warwick Blvd.
Kansas City, Missouri

Dear Madam:

The Revolutionary War record of James Kell which follows was obtained from the papers on file in pension claim, S. 32357, based upon his service in that War.

James Kell was born March 6, 1760 in the state of Pennsylvania, near Carlisle, names of his parents in not stated.

He moved in 1763, with his father to Orange
County, North Carolina, and while residing there, served with the North Carolina troops, as follows:
He volunteered in October, 1780 and served two months as a private under Captain Jameson in pursuit of Tories on Deep River from in July, 1780, three months in Captain Trice's company, Colonel Porterfield's regiment, and was in the battle of Camden; later in Captain Locke's company, was in a skirmish at Charlotte in Colonel Davy's regiment of cavalry, then joined Captain James Crump's company of Horse under Colonel Leddbetter [Ledbetter], was in several skirmishes with Tories and served three months; in 1781, he was elected captain of a militia  company in Orange County, North Carolina and served seven months under Colonels Mebane, Thomas Taylor, Sanders, Benton, was in the battle of Lindley's Mill and frequent skirmishes. He was also put in several scouting parties, no further details of this service given.

After the Revolution he lived in Rowan, Surry and Burke Counties, North Carolina, Pendleton District, South
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Carolina, Rabun County, Georgia.

James Kell was allowed pension on his application executed December 11, 1833, at which time he was a resident of Gilmer County, Georgia, where he had lived "many years". He died February 22, 1848.

Robert Kell stated in 1833 that he lived during the Revolution in Orange County, North Carolina, a few miles from the above named Captain James Kell, who was his cousin; Isbill or Isabella Kell, wife of the said Robert Kell, was a resident of Orange County, North Carolina, during the Revolution, and testified in this claim in 1833.

There are no further data in this claim concerning the family of James Kell.

Very truly yours

A.D. HILLER
Executive Assistant to the Administrator
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May 16, 1936
xxxxxxxxxxx
BA-J/EEL

Mrs. Lulu Boarman Webster
4124 Warwick Boulevard
Kansas City, Missouri

Dear Madam:

Reference is made to your letter in which you request at information in regard to James and Robert Kell, who served in the North Carolina
Troops, War of the Revolution and applied for pension while residing in Rabun County, Georgia.

Their histories are furnished you herewith, the data for which were obtained from the respective claims for pension.

Very truly yours

A.D. HILLER
Executive Assistant to the Administrator.
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Rev. and 1812
Wars Section.

April 19, 1927

Honorable M. C. Tarver
Dalton
Georgia

My dear Mr. Tarver:

[Illegible] to your letter of the sixteenth
instant, I have the honor to advise you from the papers in the Revolutionary War pension claim S. 32357, it appears that James Kell was born March 6, 1760, near Carlisle, Pennsylvania.

He moved in 1763, with his father (whose name is not stated) to Orange County, North Carolina, and while residing there, he served in the North Carolina Troops, as follows-

From October 1778, two months as private under Captain Jameson; from July 1780, three months under Captain Trice and Colonel Porterfield, and was in the battle of Camden, when shot three times; in 1781, three months under Captains Lock and James Crump, and
Colonels Davy and Ledbetter, and was in several skirmishes; after this in 1781 he was elected Captain of Militia Company in Orange County, North Carolina and
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served seven months under Colonels Mabie, Thomas Taylor, Sanders, Benton, and General Butler, was in the battle of Lindley's Mill and several skirmishes.
.
After the war soldier lived in Rowan, Surry
and Burke Counties, North Carolina, Pendleton District, South Carolina, Rabun County, Georgia, and when he applied for pension on December 11, 1833, he resided in Gilmer County, Georgia. His claim was allowed. He died February 22, 1848.
It is not stated whether soldier was married.

Verytruelyyours [Very truely yours]

WINFIELD SCOTT
Commissioner.
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WAR DEPARTMENT
OFFICE OF THE QUARTERMASTER GENERAL
WASHINGTON

IN REPLY REFER TO QM 293 A-C
Kell, James

JANUARY 5, 1928

The Commissioner of Pensions,
Washington, D. C.

Dear Sir:
In order that a headstone properly inscribed may be provided for the grave of James Kell, named on the enclosed application, The Quartermaster
General desires that you advise this office if you have any record of this decedent's name and service on file in your office.
Very truly yours,
[Signature]
E. J. Hampton,
Lt. Col. Q.M.C.,
Assistant.
1 Encl.
Application

U.S. Pension Office
7 JAN 1928
Page 24

M. C. TARVER
MEMBER ELECT
7TH DIST. GEORGIA

Congress of the United States
House of Representatives
Washington, D.C.

Dalton, Georgia.
April 16, 1927

General Winfield Scott,
Commissioner of Pensions,
Washington, D. C.
My dear General Scott:

Will you kindly inform me
whether or not there is among your records any statement concerning the service of James Kell, of Ellijay, Gilmer County, Georgia, in the Revolutionary War?

Thanking you, I am,
Yours very truly,
[Signature]

MCT-MLH