Revolutionary War Pension and Bounty Land Warrant Application File R. 5827, for George Keller, Virginia
Page 1

[typed form, with handwritten responses]

[3-1776]

SERVICE
Va.

Keller, George
           Sophia

NUMBER
R. 5827

CONTENTS
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Service Number
Va Keller, George  R.5827
Sophia

Contents
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State of Virginia, Augusta County. Towit: 
On this 13 day of June 1854 personally appeared before the undersigned a Justice of the Court of Augusta County in the state aforesaid which Court is a Court of Record Sophia Keller a resident of the said County in the State aforesaid aged eighty eight years and who is unable by reason of bodily infirmity to appear in Court and who being first duly sworn according to Law doth on her oath, make the following declaration in order that she may obtain such pension as by law she may be entitled to receive as the widow of a person who served during the Revolutionary War; that she is the widow of George Keller who was a soldier in the said war as he himself fully and at large sets forth in his declaration and accompanying papers filed in the Pension Office in the year 1841 and now there remaining – and to which she begs to refer as a part of this her declaration. 
She further declares that she was married to the said George Keller on the 7th day of May (1786) Seventeen hundred and eighty six; that her said husband died on the first day of March 1844, She further declares that she is now a widow. 
She further declares that her husband never received any pension for his said services – that his application, referred to foregoing, was rejected – and being a person in independent circumstances he thereafter made no effort to further prosecute his claim – that she has no doubt whatever but that the services set forth in said declaration as having been performed by him were so performed – that she is informed & verily believes that the matter relied on by the Commissioner
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of Pensions to discredit the statement in his declaration and the testimony of his witness (George Hanger) grew out of a misconstruction or misunderstanding of the law by the Attorney who prepared the papers referred to – he being under the impression that one months service and less would entitle the soldier to a pension and therefore, the declarants were not required by him to give the full length of time of service or greater particularity than is therein contained. 
Sophia [her x mark] Keller

Sworn to and subscribed on the day and year above written before me a Justice as aforesaid – and I hereby certify that the said Sophia Keller, the declarant, is well known to me – and that she is the widow of George Keller – as she has set forth in her declaration – and has continued to be a widow since his death: and I hereby further certify that I have personal knowledge of the fact that the said George Keller departed this life about the period stated in said declaration.
James Wilson, J. P.

State of Virginia, Augusta County. Towit: 
This day came before me a Justice of the Peace for said County in the State of Virginia Jacob Baylor, Samuel M. Woodward & Nichs [Nicholas] C Kenney – persons to me well known, and whose testimony is entitled to full credence – and made oath that they were well acquainted for large number of years with George Hanger, late of said County – deceased, who was reputed to have been a soldier of the Revolutionary war – and who gave testimony as to the services of George Keller in said war. That they were acquainted
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with the general reputation of said Hanger and it was that he was a man of high character, of strict integrity and unimpeachable veracity – and that they upon their knowledge of his character derived from public opinion – as well as from their own personal knowledge would not hesitate to believe anything he may have testified to whether he had a personal or primary interest in the matter in which he may have testified or not-; that he was a gentleman of independent circumstances & they cannot believe that he would for the sake of a pension for [Ink Smear] or for his neighbor have been induced [Ink Smear] that he did not know to be true – or knew to be false, and they further made oath that so far as they have ever known or heard the said George Keller deceased – (whose widow is now applying for a pension) was a man of truthfulness and honesty.
Sworn to & subscribed before}
me a Justice as aforesaid}
this 16th day of June 1854}
Jacob Baylor
S.M. Woodward
Nichs [Nicholas] C Kenney
Robert G. Bickle J. P.

State of Virginia}
Augusta County} Towit: 
I, Jefferson Kinney, Clerk of the County Court of Augusta in the State of Virginia, do certify that James Wilson and Robert G. Bickle, whose names appear to the preceding certificates respectively, are now and was at the date of said Certificate, acting Justices of the Peace in and for the County aforesaid – duly elected, Commissioned
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and qualified as such according to law. I further certify that it appears from the record of marriages kept in the office of the Court aforesaid – that George Keller and Sophia Moury were joined together in the State of Matrimony by the Revd. [Reverend] William Wilson, a Minister of the Gospel on the 7th day of May (1786) one thousand seven hundred and eighty six. 

In testimony of all which, I have hereto affixed the seal of the Court aforesaid and subscribed my name this 16th day of June A.D. 1854 and in the 78th year of the Commonwealth.
Jefferson Kinney, Clk
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35,285
Geo Keller

Augusta County Virginia
Act June 7, 1832

Chesley Kinney, Esq.
Staunton Va
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State of Virginia County of Augusta to wit 
On this 22 day of February 1841, personally appeared in open court before the court of Augusta County now sitting George Keller a resident of said County of Augusta & State of Va. aged Eighty years on the 14 day of October last who being first 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 7th 1832. That he entered the service of the United States under the following officers and served as herein stated. He first entered the service as a volunteer in a Rifle company raised and commanded by Capt Thomas Smith he marched in said company under the command of said Capt Thomas Smith from Staunton Augusta County in the month of December 1780 to Richmond Va. where said company was stationed for three months at the expiration of which time the company to which he belonged was discharged and he returned home to Augusta County where he remained until the month of February in the following winter when he was drafted for a three months tour and marched from Staunton in Augusta County in a company commanded by the same Capt Thomas Smith. Frederick Hanger now deceased was first lieutenant of the company and the regiment to which it was belonged was commanded by Col George Moffett. on this tour they marched through the lower part of Virginia into the state of North Carolina where they encamped for very short periods at various places before the battle of Guilford in which he was engaged. a few days after the battle of Guilford the company to he which he belonged and another company were marched some fifteen miles in the direction of Virginia and discharged and he returned home having served three months – A short time after he
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arrived at home he was again drafted, but owing to some arrangement the particulars of which he never understood he did not march from Staunton under this last draft but was put to work in the Waggon [Wagon] Makers shop which had been in opperation [operation] for a short time at Staunton making waggons [wagons] and carts for the use of the continental army. This shop was superintended by a continental officer from the lower part of Virginia by the name of Clarke. He worked in this shop for upwards of three months when news of the surrender of Cornwallis reached Staunton and he was discharged along with all who were working with him in said shop. The Waggon [Wagon] Carts and materials in hand were shortly afterwards sold at public sale in Staunton – He received a written discharge from Capt Thomas Smith at the expiration of his two first Tours of duty but he did not preserve them and they have been lost for many years – He received no written discharge at the expiration of his last period of service being verbally discharged by the said Clarke – He refers to the accompanying affidavit of George Hanger for proof as to his two first tours of duty – as to his [^ last] period of service he has no documentary evidence nor does he know of any person now living by whom he can prove it. 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-
Sworn and subscribed the day and year aforesaid 
[Illegible Name]
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We John Wise Sen [Senior] and Henry Cease residents in the county of Augusta hereby certify that we are well acquainted with George Keller who has subscribed and sworn to the above declaration. That we believe him to be eighty 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 he concurs in that opinion.
Sworn and subscribed the day and year aforesaid.
John Wise Senr [Senior]
Henry Cease
And the Law [^ 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 John Wise, Senr [Senior] and Henry Cease who have signed the preceding certificate are residents of Augusta County are credible persons and that their statements are entitled to credit.

The court from their long acquaintance with the same named George Keller late [Illegible] in certifying that he is highly reputable man and that any statement he makes is entitled to the fullest credit.

I Jefferson Kinney Clerk of the Court of Augusta County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of George Keller for a pension.
In Testimony whereof I have hereunto set my hand & seal of office this 22d day of February 1841 & in the 60th year of the Commonwealth.
Jefferson Kinney Clk
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[typed form, with handwritten responses]

July 28, 1932
BA-J / AWF
xxxxxxxxxx
George Keller
R.5827

Mrs. Clarence R. Lainson
100 Blackburn
York, Nebraska

Dear Madam:

Reference is made to your letter requesting information relative to George Kellar [Keller], a soldier of the War of the Revolution from Augusta County, Virginia.
The data furnished herein were obtained from the papers on file in pension claim, R.5827, based upon the Revolutionary War service of George Keller.
He was born October 14, 1760, place not stated.
He married May 7, 1786 in Augusta County, Virginia, Sophia Mowry or Moury. They were married by the Reverend William Wilson.
George Keller applied for pension February 22, 1841, then residing in Augusta County, Virginia, and alleged that while living in said Augusta County, he volunteered sometime in December, 1780 and served three months in a Rifle Company commanded by Captain Thomas Smith, that from the following February, he served in Captain Thomas Smith’s company in Colonel George Moffett’s regiment, and was in the battle of Guilford Court House, and about the time of the surrender of Cornwallis, he served three months in a shop in Staunton, Virginia, making wagons for the army, this service was under an officer named Clarke.
The claim was not allowed as proof of six months service in an embodied military corps, as required by the pension law was not furnished, the service in the shop in Staunton not being considered military.
George Keller died March 1, 1841, and his widow,
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Sophia, in 1854 was a resident of Augusta County, Virginia, and was eighty-eight years old.
In 1860 it is stated that the widow was dead, no definite date of death given, and their children are then referred to, only name mentioned being, Samuel Keller.

Very truly yours

A. D. HILLER
Assistant to the Administrator
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[typed form, with handwritten responses]

MRS. CLARENCE R. LAINSON
REGENT
DAVID BRYANT CHAPTER
YORK, NEBRASKA

July 8, 1932

Pension Bureau
War Department
Washington, D. C.
Dear Sirs:
Sometime ago I wrote to your office in regard to my third-great grandfather, George Kellar [Keller], thinking he lived in Maryland. Later, I learned that he lived in Frederick Co. Virginia, and I began searching Virginia records.
Recently I found his service given on page 472 of “Augusta County, Va.” by Chalkley, Vol II. Also, on page 469, he is listed under Revolutionary Declarations for pensions within Samuel Bell’s list of declaratants [declarants] of July 1834, of Augusta and Frederick counties.
Do you find pension records for this man, and if so, would you please send me copy of any data you have about him as to dates of birth, death, etc. of himself, name of his wife and any dates you might have about her. I would surely appreciate this kindness, as I am anxious to add this record to DAR.
I did so appreciate your past courtesies as to valuable information you have sent to me.
Yours truly
Mrs. C. R. Lainson
100 Blackburn
P. S. We think he later may have lived in Grayson County, Kentucky and might have received pension there.
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[typed form, with handwritten responses]

[Stamped] - REJECTED

5827
P. O. George Keller
& Sophia his widow

Service:

Enlisted:  ,18
Discharged:  ,18

Application filed:  ,18
The printed list of 1852 shows reasons for suspension
Alleges: “He did not serve six months”
Re-enlisted: of suspension as follows “For proof of marriage.”

Attorney:
P. O.

----Recognized.       Contract
----Cert. of Dis.  Searched for ----,18

[written sideways – 1932 – July 28 – hist to Mrs. Clarence R. Laine on Revy]
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35,285
Geo. Keller
Virginia

[words crossed out]

Act 7 June 1832
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Pension Office
[Ink Smear] 1st 1860}

Sir :
I have the honor to return the letter of Saml [Samuel] Keller, Esq. as requested by you.
George Keller, the father of the writer, made an application for a pension under the act of June 7,1832, during his life; [^ which] was received by his widow after his death. But the claim was not allowed in either case. The existing pension law for Revolutionary service confirms this provision to the solder himself, or to his widow, and as both of them are dead, their children are not entitled.
Hon John T. Harris
Hs of Reps [House of Representatives]
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Pension Office
March 12, 1838

Sir,
In reply to the enclosed letter of Thomas Owde Esqr. I have the honor to state that the last letter from this office in relation to the claim of George Keller who was an applicant for pension under act of June 7, 1832 [^ appears] that addressed to you under date of June 22, 1854, a copy of which is herewith enclosed.
If any letter repeating the claim of a later day purporting to have been written as this office is in Mr. Owde’s possession, he would oblige me by forwarding it to my address.
With great respect
[Illegible] 

Hon. John Letcher
House of Representatives
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Staunton Va: July 13th 1854
To the Commissioner of Pensions,
Sir:
The decision of the Department upon the application of Sophia Keller, widow of George Keller for a pension has been received through the hands of the Hon. John Letcher (M.C.) 
Having great confidence in the justness of the claim, and in the integrity of the parties upon whose declarations and testimony it is supported, I am induced, with all proper respect for the judgment of the Commissioner adverse to the claim to offer a brief note – hoping that it may lead to a reconsideration and reversal of said judgment.
1st It is to my mind evident that the lawyer (now dead) who prepared the original papers, was of opinion that any amount of service entitled the soldier to a pension. That consequently he did not enquire with particularity as to the time & extent of the service, otherwise, he would not as an upright & honest man, as I known him to have been, have subjected the applicant to the trouble of expense incident to the preparation & prosecution of the claim – if he had known that the period of service was not sufficient to obtain a pension;
2nd: The affidavit of a declarant or witness is most always written down by some other person who generally hears the affiant narrate the facts & then or afterwards from his memory of them writes them down. The language and arrangement being that of the scribe and frequently conveying a different meaning
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than was contemplated by the affiant – and it is a rule of the law of evidence that statements so taken and made if afterwards contradicted or explained by the affiant none not to be held as discrediting him especially if his subsequent testimony is given in reply to special interrogatories or upon cross examination as to the points in issue.
3rd It is laid down as an established law of evident (Greenleaf [onEv]: Vol 2 – P 469-) That, “where evidence of contradictory statements by a witness or of other particular facts is offered by way of impeaching his veracity, his general character for truth being thus in some part put in issue. It has been deemed reasonable to admit general evidence. That he is a man of strict integrity and scrupulous regard for truth.”
So if the character of a deceased attesting witness to a “deed or will is impeached on the ground of fraud, evidence of his general good character is admissible” – In the case under consideration. The whole community, without a solitary except him would give, without hesitation, testimony as to the general character of the parties. Their “strict integrity & scrupulous regard for truth” of the same kind & weight as that furnished you with the application of Mrs. Keller.
I will not write you with an argument upon the propositions I have asserted – nor will I say a word to show then application to the case under review. If no change should be made in the decision it is not asked that I should be informed of that request – if a reversal should
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be assigned – or other information or evidence desired – the Hon Mr. Letcher or myself can be addressed on the subject.
I am very respectfully
Yr. obt. Sert. [Your obedient Servant] for
Mrs. Sophia Keller
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362

Pension Office
June 22, 1854

Sir, 
The application of Sophia Keller, widow of George of Augusta County, Virginia, for arrears of pension in right of her late husband, and in her own right, has been examined and filed with his declaration under the act of 1832.
George Keller declared in 1841, that he served two tours of militia duty in 1780 and 1781 under Capt Tho’s Smith, and served as a wagon maker three months in the fall of 1781. George Hanger, of Greenbrier Co. was the only witness to his service, and he testified to the first tour, in which he stated that Keller and himself served three months in the same company, “a Rifle company commanded by Thomas Smith of the aforesaid county”; (Augusta, where both them resided) In Hangers first declaration, made in 1834, he stated this first tour of service as one month [^ under Capt Smith] – his second as three months, - and a third, as wagoner, at
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363

three and a half months under an enlistment for six. In a subsequent declaration he stated that in his first tour his captain’s name was Buchanan, and that they were in service at least 2 ½ months; but adds – “I am sure we were not as long in service as three months.” Hanger had no personal knowledge of the duration of Keller’s second tour, only that Keller said he had served three months. Now as Hanger states positively that the first tour was not of so much as three months duration, even if the second tour were admitted to have lasted three months, the two would fall short of six months, the shortest duration of service for which a pension could be granted. 
The service as wagon maker is not proved and would not, probably, be recognized as military.
It is proper here to add that in Keller’s deposition in behalf of Hanger, made in 1834, he stated: - “this affiant cannot now remember the year in which he and Hanger first joined the army nor can the affiant
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remember the length of this first tour of duty, he is perfectly satisfied however that it was at least one month.” Was his recollection better in 1841? It seems, too, that Hangers, recollection was quiet as defective as Kellers.
Without a doubt of the perfect integrity of Keller, I am constrained to the conclusion that his alleged service of six months duration is not proved.

Hon. Jno Letcher
Ho of Reps
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Ho. Of Representatives
June 19th 1854

Hon L. P. Waldo}
Commr of Pensions}
Dear Sir:
I enclose the application of Mrs Sophia Keller of Augusta County Virginia for a pension, and accompany it by a letter from N. K. Trout Esq. a gentleman of the highest respectability, resident in the Town of Staunton Va. as this lady is old and somewhat infirm, will you be kind enough to make it a special case, and have it acted on at as early a day as possible. Please acknowledge the receipt of the papers.
Very truly
Your friend
J. Letcher
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Staunton, June 16 1854

Dear Sir:
Accompanying i send you the declaration of old Mrs Kellar [Keller] claiming a pension in right of the services of her husband in the Revolutionary War – Capt. P. O. Palmer, who is her friend in the matter advises that it shall be committed to you with the request that you will give it its proper destination aided by any inclination you may be able to give it – I fear it will have a doubtful road to travel. but at the same time I have no doubt that she is justly & legally entitled to a pension, - Her husbands application was rejected on the ground that his testimony & that of his witness was discredited by their own statements. The whole truth of the matter is that Chelsy Kinney (who is now dead) committed an error in drawing the declaration of Hanger by stating that he had performed one month service and leaving the inference to be drawn that he has not performed more to which declaration of service Kellar gave testimony – Hanger’s claim was rejected because the length of service mentioned has not sufficient be entitled hereto a pension & being a man in independent condition he probably did not care to renew his application some years afterwards. Heller applied showing sufficient service be entitled to pension & supports his claim by the affidavit of
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Hanger but Commissioner of Pensions rejected his application because he conceived that the testimony of himself as witness was discredited by there own declarations, - Keller so far as I am able to learn made no further prosecution of his claim & has since died,
I have no doubt that the mistake occurred as I have suggested but Mr. C Kenney being dead I cannot prove it. The high character of Hanger & Kenner forbid any other conclusion. I could get all the old men who ever knew them to give testimony as to their impeachable veracity & integrity – Hanger stood high as any man could stand – as you will observe by the affidavits of Baylor & others & both of them have left large families who constitute on best people – and I have the upmost confidence in the truthfulness of his name – I cannot be doubted.
Be kind enough to place the application on file & let me know whenever anything further may be wanted – as also the prospect of its being conceived shortly which may it necessarily be decided.
I should be both to lend my aid in a case where I thought the party have no just claim to a pension but in this instance I have implicit faith in the justice of the demand and will do everything proper to get it for the applicant.
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I know that you are very much imposed only your constituents in being so often called on to perform duties not pertaining to your office but the sex – age - & condition of Mrs Kellar & the fact that all her numerous descendants are woman constituents of yours – I hope will be sufficient to excuse the liberty we have taken & obtain your influence and in the matter.
We have nothing of interest going on – one circuit court is sitting [paper folded over] it’s slow length along.”
I am, with very high regard
Your friend
N. K. Trout

Hon. Jno Letcher
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Pension Office
August 24 1850

Sir,
The accompanying copy of a letter addressed to Chesley Kelley, Esq on the 3d of December 1841, will show you the objections which exist to the admission of the claim of George Keller of Augusta Co Va an applicant for a pension under the Act of June 7, 1832. And the day of that letter is further proof in support of that claim has been received at this office.
I have 

Hon. Thomas S. Haymond}
House of Representatives}
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House of Representatives August 15th 1850
Dear Sir
I received a letter from Wm Y. Brown enquiring about the application of George Keller for a pension you will please give me the information asked.

Very respectfully
T. S. Haymond

J. L. Edwards Esq.
Commissioner of Pensions
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[stamped – STAUNTON JUNE 13]

J L Edwards Esqr
Commissioner of Pensions
Washington City
D. C.

[written sideways – June 13 1842 Va George Keller]
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Staunton June 10th 1842

J. L. Edwards Esqr.
Dear Sir
The petition of George Keller for a pension under the act of June 7th 1832 was rejected upon the grounds set forth in your letter of date 3rd Dec. 1841, I would wish if prefer under the rules of proceeding in such cases to have the case reexamined by you and to a written agreement on behalf of Mr Keller may I then ask of you the favor to furnish to me a copy of the affidavit of George Keller filed with the declaration of George Hanger for a pension which was rejected in the year 1834, and the affidavit of George Hanger in support of the [Illegible] of said George Keller.
Yours with respect
Chesley Kinney
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33
Pension Office
Dec. 3d 1841

Sir,
The declaration of Geo Keller for a pension under the act of June 7, 1832, has been re.d [received] and place on our files. The service for which Mr. Keller claims is supported by the testimony of Geo Hanger, whose claim for a pension was rejected in the year 1834.
At the time Hanger applied, he obtained the affidavit of Geo Keller, who testified that himself and Hanger performed one month service at Richmond under Cat Tho Smith, the year he did not remember.
He stated further that he was a near neighbor to Hanger and recollects very distinctly that he the said Hanger served two tours of duty after the first already spoken of but cannot from the lapse of memory [Illegible] to old age state the precise length of time” Mr Keller [Illegible] comes forward for the first time and on his oath declares that he performed under the said Capt Tho Smith a three months tour, and was at the Battle of Guilford, one
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other tour of three months, and produced the affidavit of the said Geo. Hanger to corroborate her statement, dated in 1839. The statements of both Kenner and Hanger are discredited by their own declaration made long since, in relation to each others services. From Mr. Kellers own showing seven years ago, his own service amounted to one month only. Her claim is therefore rejected.
[Illegible signature] 

[written sideways – Chelsey Kenney Dec. 3, 41 GC]
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FREE

J. L. Edwards Esqr
Commissioner of Pensions
Washington City
D.C.

[written sideways – Dec 3 1841
Va. Geo. Keller Act 1832]
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Staunton Va November 24th 1841

D Sir,
Enclosed you have George Keller declaration for pension, when acted upon please direct the necessary information to George Keller at this place.


Yours &
Chesley Kinney
Page 36

1844
Geo Keller 80 years

Tho Smith -Rifle caps
Dec. 80 3 mos at Richmond
Pvt 81 3. Bat Guildford
3. making wagons
Page 37

State of Virginia
Greenbrier County towit:
This day George Hanger of the aforesaid County personally appeared before the subscriber a Justice of the Peace in and for said county, and being first duly sworn states, that he is in the seventy ninth year of his age – that he lived in Augusta County during the War of the Revolution and was during that period and sometime after a near neighbor of George Keller of said County – That he & said Keller sometime in the month of December 1780 volunteered in a Rifle Company commanded by Thomas Smith of the aforesaid County – that said Company was mustered into the service at Staunton Augusta County, marched to Richmond Va where said company was stationed for three months – that he & said Keller were members of said company during the aforementioned period of three months and rendered military duty – that the returned home together having first received a written discharge from Captain Thomas Smith.
The said Hanger further states, that George Keller was sometime afterwards drafted and left home on a three month Tour – that he was gone from home upwards of three months – that when he returned home he said he had been on a three month tour of duty, and it was believed by his neighbors – but he cannot now recollect under what officers he served nor the precise time where this tour of duty was performed. That he is perfectly satisfied he served the tour last mentioned.
The said Hanger stated that he says George Keller [paper torn] above services, between two & three years ago that he was there living in Augusta County within a few miles of where he lived during the Revolutionary War. That he has always regarded said Keller as one honest & correct man, of strict veracity – and that he understands he is yet living in Augusta County & still sustains the same good character. And further the said Hanger saith not – Given under my hand this 28th day of August 1839.
William Cary J. P.
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Virginia: Greenbrier County towit:
I Mason Mathews a Justice of the Peace in & for the County aforesaid, certify that I have been acquainted with George Hanger who made the within statement, for about fifteen years, and that he has always been considered an honest and correct man in this community and I consider him a man of truth & integrity & his statement entitled to credit. Given under my hand this 28th day of August 1839.
Mason Mathews JP

State of Virginia
Greenbrier County towit:
I John Mathews Clerk of the Court for the County of Greenbrier in the state of Virginia do hereby certify that William Carry and Mason Mathews are both acting Justices of the Peace for the County of Greenbrier duly Commissioned & qualified according to law and that the signature to the above certificate purporting to be Justices appear to be genuine.
In testimony whereof I have hereunto subscribed my name and affixed the seal of my office on this 28th day of August 1939.
John Mathews CGC