Revolutionary War Pension and Bounty Land Warrant Application File S. 1544, for James Kelly, South Carolina
Page 1

(3-1776)

SERVICE | [name] | NUMBER
Continental |
S. C. | Kelly, James | S. 1544

Born in Va. | carded
CONTENTS
Page 2

See letter 2 May 1836
Hon. J. K. Polk
Duplicate certificate issued Sept 6, '36 and 
forward to James H. Thomas, Columbia, Tenn.
letter to Hon C.H. William 2nd January 1840
do to Wm Parchard and [illegible] 2nd January 1841
Paid at the treasury under the Act of the 6th April 1838 from the Sept 1836 to 4 March 1840 age notified 23 Feb. 1841.
25085
West Tennessee
James Kelly of Richmond in the State of Tennessee who was a private in the company commanded by Captain Crayton on the reg't commanded by Col Simms in the S. Carolina line for 9 months.
Inscribed on the Roll of West Tennessee at the rate of 30 Dollars 0 cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 19 day of Nov. 1833 and M Casby [verrion].
Arrears to the 4th of Sept                                   $75.00
Semi-anl. allowance ending 4 March 75.             15.00
                                                                                $90.00
Revolutionary Claim,
Act June 7, 1832
Recorded by Dan'l Boyd, Clerk 
Bood E, Vol 7, Page 86.
Page 3

Declaration
In order to obtain benefit of the act of Congress of the 7th of June 1832.
States of Tennessee| Circuit Court April Term
Maury County| A.D. 1835. April 28th 1835
On this day personally appeared before John W. Cook Judge of said court presiding James Kelly a resident of Maury County in the State of Tennessee aged about seventy five years who bring 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 and served wherein after stated ([illegible]) He was born in Pittsylvania County in the State of Virginia he thinks in the year 1760 from his best recollection he had a record of his age in a Bible of his fathers, but the Bible he lost more than twenty years ago in the State of South Carolina, so that he has no written record of his age, nor has he had one for a long time -
His father with Declarant lived in [illegible] Pittsylvania County until a short time before the commencement of the Revolutionary War, when his father moved to Greenbrier County, Virginia. Declarant [illegible] with his father in said Greenbrier County but a short time until his father was killed by the [illegible] cavs [illegible]
Page 4

his father having before that sent his family Declarant among the rest to Arbucele's [Arbuckle's] Fort but remaining himself at home, where he was killed by the indians - after the death of Declarants father Declarant with his mother & family moved back to Pittsylvania County and shortly after the commencement of the war his mother & family moved to South Carolina Cershaw [Kershaw] County or District. Camden District Declarent was living in said Cershaw County when he went into service --Declarant lived in said Kershaw [^illegible] County until some years after the Revolutionary war - the precise length time he cannot recollect - he married shortly after the war & lived there until he had seven children which he thinks was about 14 years - he then moved to the State of Tennessee Green County and lived there 3 or 4 years - then moved to Williamson County Tennessee and lived there 2 or 3 years, then he moved to Maury County Tennessee, he lived a good many years in said Maury County but cannot recollect how many years - he moved to Hickman County Tennessee about 12 years ago & lived there until March 1834 when he moved back to Maury County. He now lives in Maury County in the State of Tennessee. Declarant in his first tour was drafted in all other tours Declarant volunteered - [multiple words crossed out illegible]
Page 5

He said Genl Morgan Col. Washington Col. Howard & Col. Pickens at the Battle of the Cowpens these he understood to be regular officers - He saw Genl
Monthie, Genl Sumpter and Genl Marion,
Col. Simmons & Major Simmons and many other inferior officers. He was drafted the first tour early in the
spring the year he cannot recollect under Capt. Creighton or lieut Grimes or Graham & Col & Major Simmons
commanded the segment -rendezvoused at Camden South Carolina. remained near two weeks there -They then crossed the Waters & marched towards the
Savannah River to a place called the Black
Swamp near a place on Savanah river called the Two sisters; but some distance from the Two Sisters  before declarant in Simmons Regiment arrived there they met Genl Moultrie with a good many men - he thinks when we got together there was about 1800 [1000?]
men. We stayed at the Two Sisters to
to keep the British from crossing -
but the British crossed below which made Moultrie retreat up the country - 
Moultrie retreated to Pocatalego a small river and  & crosses it upon a bridge - there were two bridges over this stream
about a mile apart - & sent a detachment
part regular & part volunteers
to guard, the lower bridge - in all thinks 200 men - he cannot recollect
who command the detachment - the British came up and attacked this detachment, and killed a great
many - Declarant in this detachment the British drove
Page 6

this detachment and crossed the river - the remnant of the detachment joined Moultrie -Moultrie marched us on day & night for three or four days until we came to a bridge called Bacon's bridge - he cannot recollect the name of the river - 
the British went back towards Charlestown - Moultrie stayed at Bacons Bridge a few days and Governor Rutlidge joined him with his army & in a day or two he [I]was discharged - he got a written discharge signed by Thomas Creigthon, Capt. -
he has lost said discharge -
after this discharge he 
returned home to Cashaw [?]
County - in a very short time he volunteered under Col. Washington - they did not rendezvous at any particular place - that there was but
2 or 3 volunteers when he did -
Washington had about 100 horse at that time - declarant went as
horseman and found his own horse - he cannot recollect the name of his captain -  there was with Washington Col. Howard and Col Pickens - all the men he
thinks amounted to 300 - we to marched a garrison called
Rugleys occupied by tories
and some British - we got a pine log & blacked to look as much
like a cannon as possible
& put it on an old pair wagon  and drew it near the fort & sent in a flag & Col Rugely (a tory) surrendered the garrison
Page 7

there were in three hundred
in the garrison most of them tories & few British. we took all prisoner & the whole detachment marched with
the prisoners up to Salisbury. we there delivered up the prisoners to whom he can
not recollect we then marched on to join Genl Morgan & did join him at the place
where the battle of the Cowpens was fought & but
a few days before said battle - Declarant fought under Col Washington in said battle. the battle ground was part in the woods and part an old field the militia were in front & the
regulars in the rear.  Washington in[?] his men
on the wing. they hardly
got formed before Tarlton
made his charge. the Militia soon run -  the British began to cut down the militia very fast [?] - Washington & Howard's men charges on them & with the regulars of Morgan soon routed the British - Col Washington and two or three men pursued  Tarlton 10 or 15 miles
& he understood that Washington would have been killed by one of the British but that one of  Washington's men shot the fellow's arm up [?] & Washington made a kick at Tarlton & disabled Tarlton's fingers & glanced his head with his sword. We took a good many prisoners Morgan
took the pensioners on toward Virginia - soon after the battle Morgan
Page 8

marched north & Washington South towards Camden - on not far 
from the Eutaw Springs we met with generals
Green & Marion & Sumpter - we fought the British at the Eutaw Springs & whipped them - we took a good many prisoner- but they took Col Washington prisoner -
he was under capt. Gee [?] who was badly wounded in the head -
[illegible] he recovered -
We started home then I
was discharged by Sumpter -
he went home and stayed but
short time - and then volunteered under capt Arbuckle - hearing that Arbuckle wanted men to keep the indians off [?] & protect the country
Declarant & a few two or three more went to join him - we joined Arbuckle in the edge of Virginia -he wished to fight the people that killed his father - when we joined capt Arbuckle he marched us to Greenbriar to Arbuckle fort - we stayed there some time making occasional comissions after the indians - after being there some time -I got liberty to go over to a fort about 12 miles off commanded by Col  Donnelly - in the night 
the fort was attacked by indians - the indians
got one of the gates open but we drove them back and whipped them - the second day afterwards he returned to fort Arbuckle - shortly after this Arbuckle
Page 9

discharged men & I went home . I served in this tour two years, during which time we were engaged in a great many  little scouting parties . He served this time two years under  Arbuckle  & six months under Col. Washington making in all two year and  nine months. He got discharges every time but has lost them long since- he served as a private - The affidavit  herewith submitted will show his character - owing to old age  & consequent loss of memory  he cannot tell the dates of his said services but believes that he has correctly stated  the periods for which he served. His application for a pension in 1833  while he was in  Hickman County  that his declaration  was sent back for further proof & some imperfections but Mr. Nixon the lawyer he employed & to which  the papers were sent died about the time the papers came back, & he has applied to Nixon's  family frequently but they told him  they are  lost & he  believes they are . He hereby relinquishes all claims to a pension or annuity except the present and declares that his name is not on the Pension roll  of the agency in any State. James Kelly ( his mark ) Sworn to & subscribed the day  & year  aforesaid in open Court. George M. Martin ( signed ) Clerk of  County Court
Page 10

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 Joseph Peyton  who has signed the affidavit  hereto annexed is a clergyman resident in  Marion County Tennessee and is a credible person & that his statement is entitled to full credit. J W Cooke ( signed ) Judge  etc. [ State of Tennessee Maury  County  ] I George M Martin  Clerk of the Circuit Court of said County do hereby certify that  the forgoing  contains the original proceedings of the said Court in the matter of the application of James Kelly for a pension . In testimony whereof I have hereunto set my hand  & affixed my private seal ( there being no seal of office ) this 28th day of April A.D. 1835. Geo. M. Martin ( signed / sealed ) Clerk of the Circuit Court   Maury  County Tennessee.  I certify that George M. Martin  Esq.  is clerk of the Circuit Court of Maury  County  Tennessee , and that the foregoing signature is in the  hand writing of his acting Deputy . The foregoing declaration contained and this  and the annexed sheet  are the original papers acted on in Court. James K Polk ( signed ) May 13th 1835 .
Page 11

Rev War  1544 INVALID 1544 James Kelly  Pri. S.C. line  Act : June 7th 1832. Index : - Vol. A page 201 ( Arrangement of 1870 )
Page 12

James Kelly Pri $30 per ann  Act June 7th 32  West Tennessee roll - To what time last paid ?  He does not appear to have received any pay ? JH
Page 13

Free J. L. Edwards Esq. Commissioner of Pensions Washington City D.C.
Page 14

When a new Pension certificate is issued in this case write to Pen. Agent to pay the amount due. The usual evidence report sent Sept. 7th 36
Page 15

Treasury Department
Second Comptroller's Office
January 6th, 1841
Sir,
Under the act of ythe 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," James Kelly, a Pensioner on the Roll of the Nashville Tenn. Agency, at the rate of thirty dollars and 0 cents
per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept, 1836, to the 4th March 1840. 
Respectfully yours,
Albion J. Parris,
Comptroller

To the Commissioner of Pensions,
Present
Page 16

Sept 5 Mr. Burdine  ( vertical note -partial ) ( Columbia  Augt. 2 .. )
Page 17

Return to James H. Thomas Columbia Tennessee  Hon. J.K. Polk Sp : Ho: Reps
Page 18

War Department Interior office May 15 1835 Sir : It is impossible  to gather from the statements in the declaration of James Kelly  how much actual service he performed  in an embodied corps  within the Act of  1832. If he performed such service in the   Militia of South Carolina  as is provided for by law, the record in the Office of the Comptroller General of that State at Columbia will probably  have the amount of the sums paid for such services. The papers  are returned for more definite explanation  & each time of service  The  claimant should also state the  reason of  delaying his application until so late a period. I have the honor to be your obt. servant J. L . Edwards ( signed )  Hon. J.K. Polk Columbia Tenn.
Page 19

[ State of Tennessee Lawrence County ] I do certify that I am acquainted with Louis  Markham whose affidavit is enclosed in  James Kelly's pension papers and was sworn to  before me . he is a man  that  stands fair and unimpeached as to credibility  as any other man and is entitled to  as much credit on his oath as any other man. Given under my hand and seal this  Nov. 10th 1835 . John A. Hail ( signed / sealed ) JP
Page 20

[ State of Tennessee Lawrence County ] I M.H. Buchannon clerk of the  County Court of said County  herby  certify that John H. Hail is an acting Justice of the peace  for said County duly  & legally   qualified as such & that the foregoing signature  purporting to be his is genuine. In testimony whereof I have hereunto  set my hand & affixed the seal of office this 18th day of Nov.  1825 . M H Buchannon ( signed / private seal ) Clerk of the County Court of Lawrence County    Hail's certificate
Page 21

War Department Pension Office May 2, 1836 Sir, The papers of James Kelly   that you presented at this office have been  placed in our files on an examination of the rolls  in this office of those who have been pensioned, it is found that he applied for a pension in 1833 from  Hickman County  and that his claim was allowed at the rate of $30 per annum. The certificate was sent to  Millington Easby Esq.  Clerk of the Court of Hickman County at Vernon on the 19th November 1833. From the Books of the 3rd Auditor it would appear that he has never received any payment. It is therefore probable that the certificate miscarried and never reached the pensioner If he will make oath to the fact, an new certificate will be issued . I enclose a printed sheet for his guidance. I have the honor to be very respectfully your obt. servt. J. L. Edwards ( signed ) Hon J.K. Polk Hose of Representatives
Page 22

War Department Pension Office October 5, 1835  Sir, The papers of James Kelly have been examined & they are herewith returned in order that the credibility of the witness may be certified as required in note in the enclosed printed sheet. I have the honor to be very respectfully your obt. servt. J L Edwards ( signed )  Hon. J. K. Polk Columbia Tennessee
Page 23

Washington Dec 30 1839 Sir, Some time last summer I am informed that James Kelly  a pensioner of Perry Cty Tennessee made application to you to change the place of  receiving his pension will you please inform  whether you rec'd the communication and  what has been done in the case. Your Obt. Servt C H Williams ( signed )
Page 24

[ State of Tennessee Maury County ] This day personally  appeared before me  James Walker an acting Justice of the peace in  and for said County  James H Thomas a credible person and made oath that he prepared a declaration  for James Kelly to obtain a pension from the United States  for the services of said James Kelly  in the Revolutionary War and that he the said James H Thomas  has attended to his application  said Kelly's  application  . That  affiant in  compliance with the direction of the War Department  of October last ( which is herewith returned )  advises James Kelly to go to Hickman in  Lawrence County  & get additional  certificates as to the credibility of the witness  of said James Kelly in  compliance  with affiants declaration  sent to said counties and brought  certificates of the credibility of both witnesses to  wit, Lewis Markham and Nancy Ivey . That upon examining said certificate  affiant found them not to be properly certified - affiant knowing the  very infirm health of James Kelly  advised him to send said certificates to the clerks of said Counties by mail, said Kelly then  requested affiant  money to pay this postage  affiant Thompson wrote  certificate for the clerks  upon each of said certificates
Page 25

leaving the dates blank &  enclosed said certificates to their proper  County Clerks & paid the postage. The certificate went to Lawrence was duly returned  & is herewith  transmitted tot he War Department , the   erasure & interlineations in said last mentioned certificate was occasioned by the  the certificate being filled up by a County seal  when in fact the clerk  had none . affiant  practices as an attorney in the Court of which Buchannon is clerk  & knows the  signature to be genuine, if further proof be  wanting  as to Buchannon's signature Mr. Shields  of the House of Representatives can certify  being the immediate representative & having practiced law for some years in the Court of which said Buchannon is clerk. That affiant enclosed the other certificate to Hickman County  upon the same day directed to the clerk of the Co. & there & paid the postage. said Counties of Lawrence & Hickman are about the same distance. That said certificate has never been returned - that affiant has written to the clerk of Hickman  to know  if said certificate has ever been received by said clerk but affiant  can hear nothing about the matter - has received no answer from said clerk- affiant knows the feeble health of James Kelly  & believes it would be unsafe for him to go in person to attend to getting the clerk's certificate at this season of the year & to save if possible said Kelly from further labor about this
Page 26

matter affiant has been induced to  make this statement. The certificate of credibility of Nancy Ivey  that is not returned was signed by  Mr. Anderson of Hickman County  who affiant knows to  be a Magistrate for that County  & so is certificate certified  Nancy  Ivey  to be a credible woman - affiant knows nothing further of said certificate but believes that it  miscarried by mail or that said clerk neglects to return it . And if this shall be sufficient   when  summer comes said Kelly can probably attend to it. James H Thomas ( signed ) Sworn to  & subscribed before me this 7th day of March 1836. James Walker ( signed ) JP Justice of Peace                                                                   I certify that James Walker who has signed the above is an acting Justice of the peace for Maury County  Tennessee & that the above signature purporting to be his is genuine. Given under my hand this  19th March 1836. James K Polk ( signed )
Page 27

[ State of Tennessee McKinnon County ] July Term of the Court of Pleas of quarter Sessions 1834. On this 14 day of July 1834 personally  appeared in open Court  Nancy Ivey  aged about seventy years who being first duly sworn according to law states that she has been well acquainted with James Kelly ( who is an applicant for a pension under the act of Congress of June 7 , 1832 ) as long as she can remember . That herself and said Kelly resided in the County of Cashaw in the State of South Carolina about 15 miles above Camden - that said James Kelly served his country in the war  of the Revolution - that she lived in his neighborhood when he was  drafted and served three months - that she cannot state the time he entered the service not the date of leaving the same - that he was drafted  & served under Capt. Thomas Creighton , General Moultrie  and Lieutenant Graham . That she knew when he returned, but she cannot state from her personal knowledge that he served but  she knows of his being drafted and of his return. That after his return  he volunteered in the service and served
Page 28

a six months tour under General Sumter , Colonel William Washington, Capt. Graham,- that he returned and had the character of having served his country a second  time and although affiant cannot positively state that she has personal knowledge of said services, but  she knows of his entering the service and knows of his return and believes he served in the army of the United States as above stated. This affiant does not know of  her  own knowledge  what battles he was in but believes that he  rendered an important service to his country from  what she heard at the time. Affiant was  born & married in South Carolina and about 20 years ago she came to the County of  Williamson  and she has known  Mr. Kelly for 10 or 15 years as a citizen of the County of McKinnon in this State. Nancy Ivey ( her mark X ) Sworn to  in open Court. S Sebastian ( signed ) clerk
Page 29

[ State of Tennessee Hickman County ] July Court  1834 I certify that the within deposition of Nancy Ivey  who has signed the within deposition was  duly proven in open Court at said Tenn. Witness my hand a & seal private seal  on this 16th day of April  1835 . S Sebastian ( signed / sealed ) clerk  I am not personally acquainted with  the  hand writing of S Sebastian who has signed the above  as clerk , but  have no doubt the signature is genuine.  Gentlemen who are acquainted  with his hand writing  assure me that he is clerk and that the above signature is genuine. James K Polk ( signed )  May 1st 1835.
Page 30

[ State of Tennessee Lawrence County ] December the 8th  1834. This day  came before me John A. Hail one of the acting  Justices in  for the said County Lewis Markham in proper person and made oath in due form of law that he is acquainted with James Kelly Senr. who is an applicant for  a pension. whom to the best of his belief was at the Battles of the Cowpens which  was on the 17th of January 1781  where and when General Daniel Morgan commanded - the above sworn to  and subscribed before me the day and date above written. John A. Hail ( signed ) JP Lewis Markham ( signed )  [ Tennessee Lawrence County ] December 8th 1834 This day before me  John A Hail one of the acting Justices in  and for said County James  Kelley  Junior  in proper person and made oath in due form of law  that he is acquainted with James Kelley Senior  who is now an applicant for a pension who to the best of his  belief from circumstances that he has heard him state long before there was any  expectation of a pension  that he was in the revolutionary war and at the battle at the Cowpens . Sworn to and subscribed before me this day and date above written . James Kelly ( signed ) John A Hail ( signed ) JP
Page 31

[ State of Tennessee Lawrence County ] I M H Buchannon clerk of the Court of Pleas and Quarter  Sessions  held for said Count do certify that John  A Hail  whose name is signed to the above certificate  is and was at the time of signing the same an acting Justice of the peace in and for said County duly commissioned  & qualified & of  due right , faith and  credit are and should be attached to all his official acts as such  In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office in this  done at office 13th  Dec. 1834. M H Buchannon ( signed/ sealed  ) clk For 50 cents [ State of Tennessee Lawrence County ] I, Robert J Hill Chairman of the Court of Pleas and Quarter Sessions of said County do hereby certify that M H Buchannon  whose name is signed to the foregoing certificate is the acting Clerk of said County and was at the time of  signing the same and  due faith and credit  in and of right should be given to all his official acts as such and his certificate is in due form of law. Given under my hand  and seal this 13th day of December 1834. Robert J Hill ( signed ) Chairman  fee 25 cents
Page 32

[ State of Tennessee Maury ] This day came before me Saml. Whiteside one of the acting Justices of the peace in an for said  County  Joseph Payton one of the Ministers of the Gospel of the United Baptists and made oath in due form of law that he is acquainted with James Kelly  and has heard him talk of the Revolution war  and that has so much confidence in him that  he believes him to be one of the Revolutionary  soldiers. Sworn to before me this 22nd of April  1835 . Joseph Payton ( signed ) Saml. Whiteside ( signed ) JP  I know that M. H. Buchannon whose signature  is above is the Clerk of Lawrence County Court and I am  assured by J. H. Thomas  Esq. a gentleman of the Bar of good standing that he is personally acquainted with his signature  and also with that of Robert  J. Hill  Chairman of the Court, that he knows them both  to be genuine and I have no doubt of the fact . I know  Samuel Whiteside before whom the last of the foregoing affidavits was taken to be an acting Justice of the peace in for  Maury County  Tenn. James K Polk ( signed ) May 1st 1835.
Page 33

27,206 James Kelley Pension Dec  from 1777  private  9 month $30 last ... ( illegible ) after the .. ( illegible ) West Hickman Co. Crayton Simmons S.C.  clk M Easby Vernon
Page 34

[ State of Tennessee Hickman County ] Circuit Court Sept Term 1835  On this 9th day of  Sept 1833 personally appeared  before the Circuit Court of the County of Hickman  aforesaid James Kelly aged seventy four 22nd of next October a resident of the County of Hickman aforesaid 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 entered the  army of the United States in 1777  as a drafted militia man in the State of South Carolina  Kershaw County  Camden District for the term of three months as a private soldier  under Capt. Thomas Crayton , Gen. Moultrie, Col.  Simmons, Maj. Simmons . We marched to the  black swamp at a place called the two sisters upon the Savannah River from this place we returned on our way home to a place called Pocha talligo Bridge  where we was overtaken by the British they attacked  us  & killed two hundred & seven of our number  dead on the ground, from this place I  came on towards home to a place called  Barbers Bridge near Charleston at which time & place my term of service expired & I was discharged and went hom th the  County aforesaid and remained about fourteen or fifteen days and
Page 35

volunteered for the term of six months under Capt. grimes  stayed until our time of service was out, which was the term of six months and was discharged for that term of service , from this land returned  home again  during this time of service I was in the Battle at the Eutaw Springs . I was also in the Battle at the Cowpens. I was a light horseman  at this time under Col. Washington  after this time I entered the service a third time as a private volunteer, under Capt. Arbuckle , Col. Andrew Donnelly , this term I marched against the Indians, to wit, the Shawnees, Mingos, Flatheads, Delaware, Ceekapoos . We  marched from South Carolina into the State of Virginia at a place called Green Brier, from this place we marched to a  place called the Point, here we had a battle with the above  named tribes of Indians, Col. Charles Lewis was killed at this place this term of service was  the ...( illegible )  for which I was discharged. I hereby relinquish  every claim whatever to a pension or annuity except the present & declare that my name is not on the pension roll of any  agency in any State.
Page 36

This day James Kelly the declarant  appeared in open Court  before the  Honl. P.W. Humphreys  now sitting & holding the Circuit Court of the County aforesaid and made oath in due form of law that the facts set forth in the foregoing declaration  are true to the best of his knowledge & belief. Sworn to in open Court on this 7th Sept. 1833, James Kelly ( his mark X ) M Easby ( signed ) Clerk By Wm K. Sebastian ( signed )  We Thomas Kelly  & John Clayton  all of the  County of Hickman  & State of Tennessee hereby certify that we are well acquainted with James Kelly who has subscribed and sworn to the above declaration , that we believe him to be seventy four years of age, that he is reputed and believed in the neighborhood where he resides to be a soldier of the revolution and that we concur in that opinion. John Clayton ( signed ) Thomas Kelly ( his mark ) Sworn to & subscribed in open Court  on 9th Sept. 1833. M Easby ( signed ) Clerk By Wm K. Sebastian (  signed ) And the said Court do hwreby declare  its opinion after putting the interrogatories prescribed by the War Department that the  above  named applicant was a revolutionary soldier and served as he states. Parry W Humphreys ( signed ) presiding Judge [ State of Tennessee Hickman County ] I Millington Easby clerk of the Circuit Court  of the County aforesaid do hereby certify that the foregoing contains the original proceedings in the case of James Kelly for a pension. In testimony whereof I have  hereunto  set my hand  & seal of office this  17th Sept. 1833  & of our independence . M Easby  Clerk by  deputy S. Sebastian
Page 37

[ State of Tennessee Maury County ] September 21st  A.D. 1835  Personally appeared before me an acting Justice of the peace in  & for said  County James Kelly who being  duly sworn deposeth & saith that as to finding out  how long he served in  South Carolina in the Revolutionary War  by the records in the Comptroller General's office at Columbia South Carolina, to which reference is made in the letter of Mr. Edwards. I expect that it would afford no new evidence as he was never paid anything for his  services in said war. That not one word was said to him by the officers in relation to pay. This tour of six months was performed und Col. Billy Washington  & he does not know  whether he was called  South Carolina  Militia or not . He thinks the three months under Moultrie  was Militia service. He knows he served three months in the  first tour & six months in the  second  under Washington . He believes he served two years or about that time under Capt. Arbuckle.
Page 38

But from old age & the loss of memory he cannot state the times or  dates when he commenced or ended his service. He does not know whether  the service performed  under Arbuckle was of such a kind  as for which he is entitled to a pension  & if  not he prays to be allowed for the other nine months he served as a private all the time. His first applied for a pension in 1833  but the application  failed & the papers were sent back  to a lawyer  Nixon who died & the papers were lost , this application was made in 1833 , Nixon died in  1834  affiant was sick at the time  . The declaration was in some way  insufficient  & was sent  back for correction from sickness & want of information  as to what he should do he delayed until the time this application was made & he  never knew  that the papers were sent back until a few days ago he got a man to apply to  Col. Polk to know  if he knew anything of the matter. Col. Polk as he is informed did not recollect anything of it at first but upon examining his papers found it &  he now  returns
Page 39

it with what he hopes will be a satisfactory  explanation. James Kelly ( his mark ) Sworn to  & subscribed to the day  & year  aforesaid before me a Justice of the peace as aforesaid . James Walker ( signed / sealed ) JP I am  acquainted with James Walker  Esq. whose  name  appears to the foregoing declaration ,  and know him to be an acting Justice of the peace and that the foregoing signature is genuine. Sept. 21st 1835. James K Polk ( signed )
Page 40

APPLICATION FOR A NEW CERTIFICATE
County of Maury state of Tennessee
On this 22d day of August 1836 before me the subscriber a Justice of the Peace for the said county of Maury personally appeared James Kelly who on his oath declares that he is the same person who formerly belonged to the companys commanded by Captains Thomas Creighton & John Graham in the regiments commanded by colonels Simmons & Genl Washington in the service of the United States; that he is informed that his name was placed on the pension roll of the state of Tennessee that he never received a certificate of that fact under the signature and seal of the Secretary of War and he now wishes to obtain one
James Kelly
Sworn and subscribed to before me the day and year aforesaid
John Kilcrease
Justice of the Peace

NOTES The last four blanks are left for the applicant to set for the the time, place and manner of the loss or destruction of the original certificate. 
The oath to be taken before a duly qualified Magistrate, whose official character and signature must be properly authenticated
If he Pensioner has never received a formal certificate but has drawn his pension on a mere notification as was the case in a few instances many years ago, he should leave out the above words in italics and insert in lieu thereof "but has never received a formal certificate, and now wishes to obtain one."
The Pensioner's oath must be supported by the evidence of another person as to identity.  The person must swear that he well knows him to be the same person described in the above affidavit The magistrate must certify that the deponent is a person of veracity. This oath must also be authenticated by the certificate of the proper officer under his seal of office setting forth that the officer before whom the affidavit may be made is a justice of the peace, judge or Notary Public as the case may be
When a person acting as an agent or Attorney for a pensioner loses the certificate the affidavit of that person is also required which must be authenticated as above.
In every case where the clerk of the court or other certifying officer has no public seal of office the certificate of a member of Congress proving the official character and signature of the certifying officer should be sent with the papers
Mode of authenticating papers In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit or other paper authenticated the certificate must be attached thereto by a peace of tape or small 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.
No attention will be given to applications from persons who act as agents unless they are known at the War Department or are vouched for as respectable persons by some on e who is known to the Department.

State of Tennessee
Maury County } This day personally appeared before me John Kilcrease
Page 41

an acting Justice of the peace in and for said County James H Thomas  a credible man and made oath that James Kelly who has sworn to the foregoing affidavit  is the identical James Kelly  who made application for a pension from Maury County in  1835 which was returned & sent again to  Washington  to the Hon. J. K. Polk  in answer to which affiant received this form upon which this is written & the  enclosed letter from  J. L. Edwards to said Polk & that at the time affiant prepared said declaration  in  1835  said Kelly informed affiant that he said  Kelly had applied from  Hickman County and that he never could learn what  became of the papers as the lawyer he employed to attend  to it had died & affiant believes this to be true. James H. Thomas ( signed ) Sworn to  & subscribed before me this 22nd day of August  1836. John Kilcrease ( signed ) JP Justice of the Peace
Page 42

I, James K. Polk do  hereby certify that John Kilcrease who has signed the foregoing  certificate is an acting Justice of the peace for Maury County  State of Tennessee & that  the signature  purporting to be his is genuine, and that the James Kelly who has made the foregoing affidavit is the identical James Kelly  for whom I presented the application to which the letter of J.L. Edwards enclosed was received as an answer. James K Polk ( signed ) Mr. Edwards is requested to  address his answers to the foregoing  application to James H. Thomas  Esq. who is known to me to be a respectable man , and has acted as the agent of Mr. Kelly in preparing his papers. James K. Polk ( signed ) August 23rd 1836.
Page 43

THE NATIONAL ARCHIVES Form VAM 51 12-5-41  bounty land warrant record card Division of Veterans
BOUNTY LAND WARRANT RECORD CARD
NAME Kelly, James GRADE Private LINE Maryland

WARRANT NUMBER 13657 ACREAGE 100 ISSUED February 1, 1790
to not shown

The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.  Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.