Revolutionary War Pension and Bounty Land Warrant Application File R. 5841, for James Kelley, Virginia
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
Va

Kelley, James
Kelly

NUMBER
R.5841

Elizabeth
CONTENTS
Page 2

Elizabeth Kelley
Va

[written sideways No 7816]

Not in Capt [Illegible] 
Rules with [Illegible]
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State of Virginia}
Caroline County} SS 
Be it known that on the 23rd day of September 1840 personally appeared before the subscriber a Justice of the Peace in and for the County aforesaid Mrs. Elizabeth Kelley a resident of the County and State aforesaid aged 74 - years who being first duly sworn according to law doth on her Oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed 27th July 1838 entitled an act granting half pay & pensions to certain widows. 
That she is the widow of James Kelley who was a Soldier in the Army of the Revolution, that the said James Kelley served in the Continental Army about 3 years or more and that he was in the Battle at the Siege of York Town Va [Virginia] and at the surrender of the British [^ Army] to General Washington at York Town. 
She further declares on oath that she was married to the said James Kelley the 24th day of June 1786, – and that he her said husband, the aforesaid James Kelley, died on the 24th day of June 1811 and that she has remained a widow ever since that period as will more fully appear by reference to the proof exhibited here with. 
Sworn and subscribed on the day}
and year above written}
William R B Wyatt, JP
Elizabeth [her x mark] Kelley

I furthermore certify that Mrs. Elizabeth Kelly above named is a lady of respectability, and from old age and infirmity she unable to attend Court. That she is the widow of the late James Kelley. [paper folded over] and I also certify that anything Mrs Kelly may say is entitled to credit.
Given under my hand and Seal this 23d day of September 1840 
William R B Wyatt, JP
Page 4

In Caroline County Court Nov 9th 1840

The Court having examined the proceedings of Wm R B Wyatt one of their body in qualifying Elizabeth Kelly to her declaration for a pension and his certificate of her standing. We do approve of and sanction the same and order the same to be certified to the War Department.
Teste
John L Pendleton
Page 5

State of Virginia; King William County, to wit:
The deposition of Sally D. Lewis who was Sally D. Sutton before marriage. Who is now seventy years old takes this 14th day of June 1847 at her husbands Capt Robert Lewis in King William County. This deponent deposeth and saith she is well acquainted with Elizabeth Kelley whose maiden name was Elizabeth Crutchfield, she is now a resident of Hanover County and the widow of James Kelley late of Caroline County Virginia. The deponent was well acquainted with the said Elizabeth and James before their intermarriage, the said James Kelley's father lived on the deponent's father's land 14 years – She has been [blurred] and has heard her father, (William Sutton), say that the said James Kelley enlisted in the regular Army of the United States during the revolutionary war as a drummer and was afterwards a fifer, this deponent says that she knows that the said James Kelly was in the army some for 6 or 7 years for he returned home several times on furlow [furlough]. This deponent has frequently heard the said James Kelly give an account of the war in many circumstances that transpired. This deponent perfectly remembers that James Kelly brought his drum and fife that he used in the army, for she has frequently heard him beat his  drum and blow his fife on that said to be a very good musician, and indeed I know that fact – This deponent knows that the number of the regiment was on his drum, but does not now recollect the number. This deponent has frequently heard James Kelly say how painful and disagreeable to him it was for him to whip the disobedient or disorderly soldiers, for it was his duty to perform that service, at one time he beat the drum where five men were shot and further this deponent saith not.
Sarah [her x mark] Lewis

This day Mrs. Sarah Lewis signed the above deposition and made oath before me Christopher Tompkins a Justice of the Peace for King William County that it contained the truth so far as she knows and
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believes, and do hereby certify that I believe the said Sarah Lewis is a lady whose word can be relied on. Given from under my hand the day and date first above written.
Ch. Tompkins JP

State of Virginia, King William County, to wit:
I Robert Pollard Clerk of the County Court of King William, do hereby certify that Christopher Tompkins whose name is signed above, is an acting Justice of the Peace in and for the County aforesaid, duly Commissioned according to law and that from faith and credit may be given to his official acts.
In Testimony whereof I have hereunto set my hand and affixed the seal of the County, this the 15th day of June 1847.

Rob Pollard, Clk
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[typed form, with handwritten responses]

[Crossed out – Acts of July 14, 1862, and March 3, 1873]

[Stamped] - REJECTED

5841

P. O. Elizabeth Kelly
Widow of James

Service:

Enlisted:  ,18
Discharged:  ,18

Application filed:  ,18

Alleges: List of suspended claims printed in 1852, shows cause
Re-enlisted: of suspension as follows “For proof of marriage.”

Attorney:
P. O.

----Recognized.       Contract
----Cert. of Dis.  Searched for ----,18
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[typed form, with handwritten responses]

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 26th day of May 1784, in the name of James Kelley, as a Soldier of Infantry for £16.0.0, which Certificate appears to have been delivered to himself and was given for services prior to the 1st January 1782. 

p 184 {No Seal of Office.}

Given under my hand, at the Auditor's Office, Richmond, this 27th day of September 1841. 
Jas E. Heath, AUDITOR
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James Kelly d 1811
Elizabeth m. 1786

Cont. line Va
Aug & Cert dec.
Aug 1840 dec
Sept 1846
5 persons of the name on cont rolls

1841
75
1766
William Madison wit
Page 10

[typed form, with handwritten responses]

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 15th day of October 1783, in the name of James Kelley, as a Soldier of Infantry for £13.12.0, which Certificate appears to have been delivered to himself and was given for services prior to the 1st January 1782. 

p 183 {No Seal of Office.}

Given under my hand, at the Auditor's Office, Richmond, this 
27th day of September 1841. 
Jas E. Heath, AUDITOR
Page 11

[typed form, with handwritten responses]

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 8th day of April 1783, in the name of James Kelley, as a Soldier of Infantry for £59.0.10, which Certificate appears to have been delivered to Genl [General] Morgan and was given for services prior to the 1st January 1782.

p 181 {No Seal of Office.}

Given under my hand, at the Auditor's Office, Richmond, this 
29th day of August 1840. 
Jas E. Heath, AUDITOR 
Note – there are five of this}
above named in the Registers}
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[typed form, with handwritten responses]

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 14th day of July 1783, in the name of James Kelley, as a Soldier of infantry for £16.7.11, which Certificate appears to have been delivered to himself and was given for services prior to the 1st January 1782. 

p 183 {No Seal of Office.}

Given under my hand, at the Auditor's Office, Richmond, this 
27th day of September 1841. 
Jas E. Heath, AUDITOR
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[typed form, with handwritten responses]

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia State Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 24th day of January 1786, in the name of James Kelley, as a Soldier of Artillery for £81.13.8, which Certificate appears to have been delivered to Frs. Graves and was given for services prior to the 1st January 1782. 

p 183 {No Seal of Office.}

Given under my hand, at the Auditor's Office, Richmond, this 
27th day of September 1841. 
Jas E. Heath, AUDITOR
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Eliz. Kelly
widow of
James Kelly

W.W. Dickinson
Golansville
Va.
Page 15

[typed form, with handwritten responses]

This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line, during the Revolutionary War, as settled their Accounts, and received Certificates for the balance of their Full Pay, according to an Act of Assembly, passed the November Session 1781, that a Certificate issued on the 8th day of April 1783, in the name of James Kelley, as a Soldier of Artillery for £59.0.10, which Certificate appears to have been delivered to Genl [General] Morgan and was given for services prior to the 1st January 1782. 

p 181 {No Seal of Office.}

Given under my hand, at the Auditor's Office, Richmond, this 
27th day of September 1841. 
Jas E. Heath, AUDITOR
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7816
Virginia
Eliz. Kelly
Let to W. W. Dickenson 12 May 1840
let to B Clements Dec 28 ‘47

5841

Act July 7 1838
Page 17

Georgetown D.C. Nov. 25, 1847
Sir:
Herewith is presented the affidavits of John Southworth, Joseph N. Dickens & Wm. Southworth in support of the claim of Elizabeth Kelly, widow of James Kelly, Drummer in the Virginia line, Revolution. Mrs. Kelly’s declaration for a pension under Act of July 1838, is said to have been filed in your office some two or three years ago, by Wm. W. Dickinson of Caroline Co. Va. the claim is now placed in my hands. Knowing nothing of the evidence heretofore presented, or the action taken relative to the case; I have, respectfully to ask an early examination of the subject, in order that I may make known to Mrs. Kelly, who is still living, the true state of her claim, & prosect of its success.
With great respect
Your obt. Sert. [Your obedient Servant]
B Clements;
James L. Edwards, Esq}
Commr [Commissioner] of Pensions}
Washington City}
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Affidavit of Joseph N Dickens in the case of Elizabet Kelly wid of Jas Kelly
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I hereby certify that I am now in my eighty seventh year of age, that I was born and raised in this County, Caroline, on the plantation on which I now reside in that I was well acquainted with James Kelly deceased of said County, the husband of Mrs. Elizabeth Kelly now of Hanover County, which said Elizabeth was Elizabeth Crutchfield, when she married Kelly. I cannot say what year the said Elizabeth and the said James Kelly were married, but I have now been married myself 59 years and I think we were married near about the same time. I further certify that the said James Kelly was a drummer in the Revolutionary War for some time, but what Regiment or Company he served in I cannot say. I know however that he and Normant Harvey, Real Eubank and several others were in service together and after they returned out of service Kelly was called drummer – James Kelly and went by the name of Drum Major always afterwards. They belonging to what was called the Virginia line I think were gone some 3 years or more. 
Joseph N Dickens

State of Virginia
Caroline County towit
Be in known on the 12th day of September 1847 before me the subscriber a Justice of the Peace for the aforesaid county personally appeared Joseph N Dickens is personally known to me and is a man of honesty & I believe him to be fully the age he states himself to be.
Given under my hand the date last above mentioned}
Hugh Chandler JP
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State of Virginia
In Clerks office of Caroline County Court 24 Sept. 1847 I John S. Pendelton Clerk of the County Court of the County & State aforesaid, do hereby certify that Hugh Chandler whose name is subscribed to the foregoing certificate is a magistrate in & for said county and that the signature purporting to be his is genuine.

In Testimony whereof I have hereunto subscribed my name and affixed my seal of office the day & date above.
John A. Pendleton Clerk of
Caroline County Court
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Virginia,
Clerks office of Caroline County Court
1st Decr 1840
I John S. Pandleton Clerk of the County Court of the County and state aforesaid do hereby certify that it does not appear from the Registry of Marriages in my office that James Kelly was ever married to Elizabeth Kelly. That the bond authorizing the marriages, if any ever was given cannot be found in [Illegible too light] and life of Books and papers of the office having taken fire some years ago.
Teste
John S. Pandleton Clk
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4195
18 Sep 1843
Claims Act 1843
Agness Yarbora
Lucy South[Illegible] &
Lucy Middlebooth
&
5 Certificates case
James Kelly Va

[written sideways – James L. Edwards; Commissioner
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P.S. Enclosed are 5 certificates of the Auditor of this state “relative to the pay of James Kelly, from which it appears there were 5 certificates persons in the service by that name, but I think the proof furnished by me is sufficient to establish the service of James Kelly dec’d [deceased] the husband of Elizabeth Kelley for a tour over three years, which it appears to me, the proof goes far to establish his service to the end of the Revolutionary War after his first enlistment.” You will please to inform me in what particular the proof is not sufficient, as this old lady is absolutely suffering for her to subject upon if the proof is not sufficient. – Respectfully Wm W Dickinson
As to the identity of Mrs. Kellys husband, if you will – [Illegible] me the affidavits, perhaps they can be [Illegible] (was [words scratched out] at the and [word scratched out] service that time) that [Illegible 2 words]. I have the family register, I applied to the Auditor in first instance by letter & subsequently in person obtained the certificate, now enclosed.
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Free

Golansville 8th May

Colo James L. Edwards
Commissioner of Pensions
Washington City D.C.

[written sideways - No 7876 May 12 1841 Va. July 7 1838; Eliz Kelly]
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Golansville Va 8th May 1841
Sir,
You will find enclosed the declaration of Mr. Elizabeth Kelley in order to obtain the benefit of the Act of July 7 1838, these papers would have been forwarded some months ago but they were retained to ascertain whether the family register can be found lately said register has been found and is now in my possession (in a family Prayer Book) will you be so good as to advise me what I shall process, whether send the book to you with evident of its correctness or send a certified copy of the register etc. you will find enclosed the certificate of the Auditor at Richmond and the affidavits of Wm Madison, Smith Mason & Jos N Dicken also the certificate of the clerk of Caroline County Court.

Very respectfully Sir,
Your ob Servant
Wm W Dickinson
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This is to certify that I am now fifty four years of age and that I was well acquainted with James Kelly therein late of the County of Caroline, the husband of Elizabeth Kelly. Kelly now of the County of Hanover & State of Virginia and I know that the said James Kelly was a drummer in the Revolutionary war, and was in what was called the Regular Service, that is, I do not know of my own knowledge but I know that I have frequently heard other old soldiers who were with him say so, and it was this general belief of all who knew him, that he was not only in service but that he was there nearly the whole of this war. I have seen him & other old soldiers, where they would meet together at public places shake hands & talk of their being in the war together and of Hensley Grubs who was a Pensioner, say James Kelly was a drummer in service and had served nearly the whole of the war. I cannot say where the said Kelly was married to his widow the said Elizabeth Kelly, but I know that they had children older than myself. Given under my hand this 6th day of September 1847.

William [his x mark] Southworth

State of Virginia, Caroline County SS
Be it know that on this 6th day of September 1847 before the subscriber a Justice of the Peace in & aforesaid county personally appeared William Kelly above named who being duly sworn according to law states upon his oath that the facts stated in the foregoing certificate are true and I certify that the said Southworth is personally & well known to me and that he is a person of good standing
Eldred Green JP
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Virginia
Clerks office of Caroline County Court September 28th 1847, I John S. Pendleton Clerk of the County Court of Caroline County, certify that Eldred Green is a magistrate as above duly Commissioned and qualified and that the foregoing signature purporting to be his is genuine. In Testimony whereof I have hereunto affixed my seal of Office and subscribed my name this 28th day of September in the year 1841.
John S. Pendleton Clerk 
of Caroline County
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State of Virginia Caroline County SS
Smith Mason this day personally appeared before the [Illegible] a Justice of the Peace in and for the County aforesaid and made oath to the truth of the within affidavit – I further certify that the said Smith Mason, is a man of respectability and truth. - Given under my hand this 23rd day of November 1840

Wm W Dickinson
Page 29

The affidavit of Smith Mason [^ a revolutionary Pensioner of the US] aged seventy six years who being first duly sworn according to law.” Saith that he was well acquainted with the late James Kelly of Caroline County the husband of Elizabeth Kelly” that the said James Kelly served a tour of duty in the Army of the Revolution on Continental establishment in the Southern department of the United States. That this affiant's brother-in-law (David Mason) was in the same mess with the said James Kelly and that said James Kelly was in the Battle of Guilford Court House (commonly called Gates defeat).” This affiant also heard and from general report believes that said James Kelly was at the siege of York Town, but as this affiant was on the Gloucester side, he cannot say that he saw the said James Kelly at said time, but he firmly believes he was in said Battle – and further this affiant saith not – this 23rd November 1840 
Smith Mason

Horace C Stevens
Page 30

Kellys case
Affidavit of
John Southworth
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The deposition of John Southworth of the County of Caroline and State of Virginia taken on the 19th day of October 1847 before Robt B Corbin a Justice of the Peace.
This deponent being duly sworn according to law, doth on his oath state that he was born and raised in the aforesaid county and that he is sixty seven years of age, that he was personally well acquainted with James Kelly, deceased, the husband of Mrs. Elizabeth Kelly now of the County of Hanover and which said James Kelly was reputed and believed to have been drum major in the war of the Revolution. This deponent was well acquainted with the said James Kelly and knows of his own knowledge, that he and the said Elizabeth his widow, who was Elizabeth Crutchfield were legally married before the first day of January 1794, because this deponent lived but a short distance from the place where the father of Mrs Kelly lived, for he was at that time living on the land of old Mr. William Sutton and the deponent recollects that he himself was but quite a small lad at the time not more than twelve years of age, but this deponent cannot now state the precise year. This deponent has often seen the said Kelly at public places before his death beating the drum, and this deponent has often heard the said Kelly speak of beating the drum in the Revolution, and recollects very distinctly hearing him say that on one occasion while in service he beat his drum when five or six soldiers were shot and this deponent remembers to, that the herein which the said Kelly used to beat about at different public
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places was the same drum which he had in service and had the number of his regiment marked on it. This deponent further states that his own Father was a Revolutionary soldier & he, the deponent has often heard him during his lifetime say that the said Kelly was a herein major in the war and this deponent has frequently heard other old soldiers who were in the regular service say that Kelly was their major drummer once among them he would mention the names of Normen Harvey and a man by the name of Royal Eubank of Caroline County and Henry Grubs of Hanover County, all of whom as well as this deponent now remembers were in the same regiment together and were in what was called the Regular service. This deponent further recollects that the said Kelly and the said Norman Harvey had their certificates of discharge for several years after the war and that Harvey finally sold his to a gentleman by the name of Barke who lived in the neighborhood and that Kelly he thinks retained his up to the day of his death, and that after his death he thinks it probable [possibly] that it was lost, or file into the hands of his father who was then alive, and who, this deponent thinks was the cause of his son James not selling his to Burke at the time Harvey sold his and further this deponent saith not.

John Southworth
Page 33

State of Virginia
Caroline County to wit;
This day personally appeared before me the subscriber a Justice of the Peace in and for the aforesaid County John Southworth the deponent above named and made oath in due form of law to the facts set forth in the foregoing deposition and I certify that the said deponent is personally and well known to me and that he is a person of good standing and about the age he states himself to be. In Testimony whereof I have hereunto set my name this 19th day of October 1847.
Robert B Corbin JP

I John S. Pendleton Clerk of the Court of Caroline County, certify that Robert B Corbin is a magistrate as above and that the foregoing signature purporting to be his is genuine. 
In Testimony whereof I have hereunto affixed my seal of Office and subscribed my name this 29th day of October in the year 1847.
John S. Pendleton Clerk of
The Court of Caroline County
Page 34

The affidavit of Wm. [William] Madison a revolutionary pensioner of the United States, aged seventy five years, who being first duly sworn according to law saith that he was well acquainted with James Kelly the husband of Elizabeth Kelly late of Caroline County Virginia, that they were near neighbors and raised in the same vicinity – that he served two tours of duty in the Army of the Revolution with said James Kelly, one tour, in what was then called the flying tour, this affiant was in a company commanded by Captain Fitzhugh which was under the command of General Lafayette and retreated to a place called the Raccoon Ford (then in Culpeper County Va [Virginia]) where they were joined by General Wayne after which the British Army retreated – and we pursued them towards Richmond &c. The other tour this affiant was in a company commanded by Captain Howard – under the command of General Weedon at Gloucester point opposite to York Town during the Siege of York in both of which tours of duty he saw the said James Kelly in service – he was on terms of the greatest intimacy with the said James Kelly – and from his own knowledge knows he enlisted in the Army of the revolution, but he never met with him at any other time than above stated & further the affiant saith not. 
Wm [his x mark] Madison
B F Dickinson

State of Virginia Caroline County SS
William Madison this day personally appeared before the subscriber a Justice of the Peace in and for the county aforesaid and made oath to the truth of the above affidavit, I further certify that Wm. Madison is a man of respectability & truth. Given under my hand this 20th day of October 1840.

Wm W Dickinson
Page 35

The affidavit of Joseph N Dicken aged 80 years who being first duly sworn according to law saith that he was well acquainted with James Kelley late of Caroline County the husband of Mrs. Elizabeth Kelly that he saw the said James Kelly in the Army of the revolution just before (or about) the siege of York Town Virginia that he verily believes said James Kelly was at the Siege of York Town – and further this affiant saith not. 
Joseph N Dicken 

State of Virginia Caroline County SS
Joseph N. Dicken this day personally appeared before the subscriber a Justice of the Peace in and for the county aforesaid and made oath to the truth of the above affidavit, I further certify that said Joseph N Dicken is a man of respectability and truth. Given under my hand this 29th day of September 1840.

Wm W Dickinson