Revolutionary War Pension and Bounty Land Warrant Application File W. 3789, Zachariah Dulaney, Va.

Page 1

[typed form, with handwritten responses]

(3-1776)

SERVICE VA 

Dulaney, Zachariah
Mary

NUMBER W. 3789

CONTENTS

Page 2

[typed form, with handwritten responses]

[left side] Rep.t [Reported]

[right side] Virginia. 32.543
Zachariah Dulaney, dec’d [deceased]}
of Culpeper in the State of Virginia
who was a Priv. in the Co. commanded by Captain -- of the Reg. commanded by Genl. Gates in the Rev. Va. [line crossed out]  for 18 months.

Inscribed on the Roll of Richmond 
at the rate of 60 Dollars – Cents per 
annum, to commence on the 4th day of March 1831, ending 24 June 1832, when he died.

Certificate of Pension, issued the 12th day of Feby. 1847 -----and sent to John S. Barbour, Present

Arrears to the 4th of --
Semi=anl. [annual] Allowance ending ---
Payable to  his Widow Mary Dulaney

{Revolutionary Claim}
{Act June 7, 1832}

Recorded by D. A Wood, Clerk,
Book (Illegible) Vol. 6 ½ Page 9

Oct 1843 (8091.)

Page 3

[typed form, with handwritten responses]

3530
Virginia Richmond
Mary Dulaney
Widow of Zachariah Dulaney
who served in the Revolutionary
war, as a Private

Inscribed on the Roll at the rate of 
[Ink Smudge] Dollars -- Cents per annum, to commence on the 4th day of March 1848, 

Certificate of Pension, issued the 31 day of [Illegible] 1849 and sent to [Illegible]
Richmond

Recorded on Roll of Pensioners under act February 2, 1848, Page 149 Vol. [Illegible]

Page 4

Jan. 3rd 1847

Dear Sir I will answer these questions all in one – as far as I can recollect & believe as follows: I was born in March the 24th 17 hundred and seventy four, and am of course in my seventy third year.  In the year 17 hundred and ninety three I lived in Fauquier County knew Mr. Charles Duncan the father of Mrs. Mary Dulaney.  My wife went to school with her when she was Miss Mary Duncan, and when Mary Duncan was a very young girl, she married Zachariah Dulaney of Culpeper.  I can not say when the marriage took place but I remember it was said that she married Dulaney to please her father more than to please herself and this is the most I remember about that marriage.  The present Widow Dulaney who was Mary Duncan, must be nearly 70 years of age from facts I remember - I believe rather under 70 years of age.  I remember Parson Cerag or Craig.  I believe his given name was James he lived within a mile of Charles Duncan and married most of the persons that entered matrimony in that neighborhood or in his parish about that time.  My wife’s recollection corresponds with mine in the above statements as far as it relates to Mary Duncan and her marriage with Dulaney.  Her age, and Parson Crag as more but remain yours &c. 
Charles Pinckard

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P.S. owing to the state of my nerves at this time I got my son Alfred to wright my answer, I dictating what to wright.
Charles Pinckard

State of Virginia}
Culpeper County} To wit
This day Charles Pickard made oath before me a Justice of the Peace in the State & for the County aforesaid that the pertains set forth in the writing annexed to & fact of this sheet beginning “Dear Sir” & ending Charles Pinckard are true to the best of her recollection & belief & that neither he nor his wife, according to her assurances to him can recollect more distinctly the date of the marriage of Zachariah Dulaney and Mary Duncan than these facts may indicate.
Given under my hand & seal this 4th Jany 1847

Eaw. A. Freeman J.P. (Seal)

And I do further certify in my character above named, that Mrs. Sarah A. Pinckard, wife of the said Charles Pinckard, an aged & respectable lady of this county; also made oath before me that she confirms the truth of the statements made on her authority in this writing sworn to by her husband, towit: her being the schoolmate of Mary Duncan & her marriage with Zachariah Dulaney formally of Culpeper, the age of them, Dulaney formerly Mary Duncan; more about short of seventy

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The fact of Parson Cragg’s marrying persons in the neighborhood of Mr. Charles Duncan (Mrs. Dulaney’s father) in the year 1793, and her strong belief that the said Parson Crag did marry said Zachariah Dulaney & Mary Duncan; though of the particular date of that marriage she cannot speak with certainty, and I further certify that I give full credence to the deposition of the said Charles & Sarah A. his wife.

Given under my hand this Jany 4th 1847
Eaw. A. Freeman J.P.

State of Virginia}
Culpeper County} To wit

I Fayette Mauzy clerk of the county court of Culpeper in the said state do hereby certify that Edward A. Freeman who hath made the foregoing certificates is now and was at the time of making the same an acting Justice of the Peace in & for the said county & that his signatures are genuine.  
In testimony whereof I have hereunto set my hand and affixed the seal of the said court this 4th day of January in the year 1847.

F. Mauzy C. C.

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Culpeper 2nd January 2nd 1846
Sir,
In the convention with you yesterday I was copied that both you & Mrs. Pinckard have a knowledge of the late Charles Duncan of Fauquier father of Mrs. Dulaney the widow of the late Zachariah Dulaney; as widow of this Dulaney being in her up in years and also that you know Parson Cragg’s & Fauquier. Fung. Will you oblige Mrs. Dulaney so far as to answer the following questions & also ask Mrs. Pinckard to state that she knows both of Dulaney & Mr. Duncan & Parson Cragg.
Yrs Resty [Yours respectfully] 
J. S. Barbour 

Doctor Charles Pinckard:
What is your age? Did you reside in Fauquier County about the year 1793? Did you know Charles Duncan the father of Mary Dulaney? Did you know Parson Cragg? Was he a neighbor to Mr. Charles Duncan? Did he solemnize Marriages in the year 1793 (Seventeen hundred & ninety three?) And did he in that year marry A. Dulaney & Mary Duncan? How old is the said Mary now Mary Dulaney? Ask Mr. Pinckard if you have the same facts & write down her answers.

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37.465

Zachariah Dulaney
decd [deceased]
Va

Act 7 June 32
admd [admitted]
18 months
60. do 24
June 32 when 
he died – to his
widow

Page 9

Culpeper County Court November 21st 1846
On the motion of Mrs. Mary Dulaney widow of Zachariah Dulaney dec’d, the court order it to be certified to the secretary of War, that it was proved in open court that the said Mary Dulaney then Mary Duncan, was married to Zachariah Dulaney about June 1793 that the said Zachariah Dulaney died the 21st of June 1832 leaving the said Mary his widow; that she never has since married again; that she is a respectable old lady of this county & that there are no records to be found of her marriage nor family register & that the same one lost or destroyed; and that the court give full credence to these facts so proven.

State of Virginia}
Culpeper County} To wit

I Fayette Mauzy clerk of the county court of Culpeper, do hereby certify that the foregoing is a true copy of an order of the court aforesaid.  
In testimony whereof I have hereto set my hand and affixed the seal of the said court this 7th day of November in the year 1846.

F. Mauzy C. C.

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Declaration in order to attain the benefit of the Act of Congress of June 7th 1832.

State of Virginia}
Culpeper County} S

On this 25th day of February 1837 personally appeared before me George Eggborn a Justice of the Peace in and for the said county Mary Dulaney of the said county the widow of Zachariah Dulaney dec’d who was a soldier in the Revolution and who was entitled to pension under the said recited act but died without getting it; who being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the said act of Congress of 7th June 1832.
That her said husband as she has often heard him say and now prove by the testimony of John Smith, went into the service in the year 1780 and went to the South and after staying in the service till the winter of 1781 or 2 when he was discharged and returned home, having served as he often said eighteen months. That the circumstances of his service were after recited by her husband but she cannot relate them in form and relies upon her testimony she married her husband the said Zachariah one time after the war and is now 56 years of age.  That her said husband died on this 24 day of June 1832.
That she never has received any thing in consideration of the act of 1832 though her husband was living when the act passed.
{Mary Dulaney

Sworn and subscribed the date above before me
George Eggborn

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And I the sitting Justice do certify that the within named declarant is of good character for vivacity – and that in my opinion she could not conveniently go to the Court House as she is fleshy and helpless and does not ride particularly the distance to the Court House.  And also that I knew the said Zachariah Dulaney for many years and never doubted his having been in the service as stated by the witness.

Given under my hand this the 25th of February 1837.
George Eggborn JP

Virginia
I Francis T. Lightfort Clerk of the County Court of Culpeper County in the state aforesaid, do hereby certify that George Eggborn whose name appeared before the preceding certificates is an acting Justice of the Peace in and for said County, duly commissioned and qualified, and that the foregoing signatures purporting to be his are genuine.

In testimony whereof I have hereunto set my hand and affixed the seal of the said court this 24th day of March in the year 1837 and in the 61st year of the Commonwealth.
F. T. Lightfort

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34182
Zachariah Dulaney
Due c Va
Ae June 7 1837

Written upside down 1657

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State of Virginia}
Culpeper County} (Illegible)

The Declaration of James Smith taken at the office of John S. Farrow Junior at Culpeper C House before me a Justice of the Peace for the State & County aforesaid, which declarant is to be now or evidence before the Congress of Pensions of the United States to support the application of said Mary Dulaney widow of Zechariah Dulaney for a pension from the U. States?
I enclose in behalf of his declaration.
How old are you, where were you born where do you now live and were you acquainted with Zechariah Dulaney or Delaney in his life time?

Answer
I’m in my sixty ninth year, was born in the county of Culpeper wither one mile of Zachariah Delany.  I knew him all my life until his death, I have always lived in Culpeper County & live in at this time.

Question for James:
Is this Mary Dulaney his widow, is she usually called Polly Dulaney, was she this Mary or Polly Duncan, what is her age, according to the best of your belief, - & narrate all you know of Zachariah Dulaney’s service in the army in the war of the Revolution, & was he the same Zachariah Dulaney who was the Husband of this said Mary Dulaney now his widow?

Answer: Yes Mrs. Mary or Polly Dulaney is certainly his widow she certainly was Mary Duncan, daughter of Charles Duncan of the County Fauquier.  I suppose her to be about one year younger than I and Zachariah Dulaney, my brother, Thomas Thornhill

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and Anthony Dulaney enlisted for 18 months, I saw them come and all returned to Culpeper except Anthony Dulaney who was wounded & died of his wounds in battle. Zachariah Dulaney stayed in the service more than 18 months stayed four months on account of his uncles wounds & death.  I have a very detailed recollection of Zachariah Dulaney’s return from the service, but not quite so detailed of them going.  He is the same Zachariah Dulaney who was the husband of the same Mary or Polly Dulaney now his widow.  Zachariah Dulaney & Thomas Thornhill was both my cousins, the said Thornhill enlisted in Lees Legion as I always understood for the remainder of the war.

Question by James: Mary Delaney said that you knew her soon after her marriage in 1793 & have known her ever since. Is that true, & do you know of her marriage & age from that knowledge.
Answer – I do – I lived up on Zachariah Dulaneys farm two (Illegible) at the time of the marriage; was at her fathers at the wedding (Illegible) when Zachariah Dulaney came home with said his wife and confirm all the facts, as to time, marriage, age & subsequent acquaintance – all well remembered by me.
James Smith

The foregoing declaration of James Smith was taken subscribed & sworn to before him at the time and was mentioned in the caption whereof before me.  Justice of the Peace for the County aforesaid & I certify that the said James Smith is an aged man of impeccable character & vivacity 
Given under my hand & seal the fourth day of January in the year of Christ 1847.

Langdon C. Major J.P. (Seal)

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State of Virginia}
Culpeper County} to wit:
I Fayette Mauzy clerk of the county court of Culpeper & state aforesaid, do hereby certify that George Ficklen, Geo. Egghorn, and Langdon C. Major, who have made the foregoing certificates are and were at the time of making the same acting Justices of the Peace in and for the said county, and that the signatures are genuine. 
In testimony whereof I have hereunto set my hand and affixed the seal of the said court this 1st day of January in the year 1847.

F. Mauzy C. C.

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The deposition of the Leanah Smith a person seventy seven years taken before the subscriber a Justice of the Peace for Culpeper County to be wit or evidence before the Commissioner of Pensions of the Gov’t of the United States in the application of Mrs. Polly Delaney for a pension (that is Mary Delaney) widow of Zachariah Delaney.
1st Question – Have you any knowledge of the service of Zachariah Delaney (or Dulaney) in the army during the war of the Revolution; and if so state all that you know of his going into the service or a soldier where he went, how long he remained in service, & when he returned home?
Will you state any circumstance of kindred blood, neighborhood, acquaintances or the like that (Illegible) you can to recollect said Zechariah Dulaney’s service & his return to Culpeper after his service was over?
Answer: My brother John Smith and Zachariah Dulaney went into the Army together. My father and Zachariah’s father and friends were very much (Illegible) to them going but they said they would run away if they would not consent.  The friends gave up at last and the boys enlisted in the revolutionary army for eighteen months but remained much longer than that. We were looking for them home a long time before they came.  I have no recollection of the year they went since some of the neighbors had returned at the end of the eighteen months.  The war continued after they returned.  Zachariah Dulaney was

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my first cousin, born and lived at the time they went into the Army within one mile of my Father.
Leanah (his + mark) Smith

Culpeper C.H. Jany 1st 1847
I have known this family (Illegible) for more than forty years & have that knowledge her (Illegible) full credit.

Geo. Ficklen

Culpeper County to Wit
The within deposition was this day taken, subscribed and sworn to, before me a Justice of the Peace for the county aforesaid; this 31st day of December 1846

Geo. Ficklen

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The Magistrate who takes the declaration of Leanah Smith (4 words Illegible) the question distinctly to be in all its parts and write down her answer or nearly as he can in her own words – be these words what (Illegible). The plain language of a witness is always preferable to any other words that can be (4 words Illegible)
J.S. Barome
Dec 29th 1846

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In the examination in the occasion before the Court of Culpeper, Mrs. Dulaney (now applying for a pension as the widow of Zach Dulaney) she said the register of her father Mr. Duncan was purported after his death by her brother & that he has removed to the Western County for many years ago, (& how long he has been dec’d I now recollect) now in corroboration of part of what she said, I know that her brother did go to the Western County in the latter part of the year 1817 and why do I know it?
Early in September 1816, (& I believe the 5th day, I purchased the (Illegible) estate of Philip N. Thompson, Esq. near Culpeper C.H. and soon after employed for overseer Daniel Smith who served with me to the latter part of the year 1817 – He then removed to the Western County & settled himself (last I believe?) in the following years near Bowling Green Ky. I rec’d letters from him at Bowling Green & have heard from various credible persons that he settled there – (Illegible) had with other children John, James, Summer, Nobert & Hiram – John remains in Warrenton Virginia & is now wealthy.  The other son went with their father – old Mr. J. Dulaney & Mr. Danl. Smith were of the Baptist Church & very (Illegible). They went together from my farm – the Lom? or Edw? Duncan the (Illegible) of (Illegible) Dulany went with them in 1817 – Duncan was the brother of this Mary Dulaney widow of Zachariah Dulaney & he was the son of the Duncan of Fauquier, now dead. In saying he is the son & brother of this person I (Illegible) of it from insurance that will satisfy a legal enquiry – Dulaney & Duncan his son in law are dead as

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I believe now have been dead several years – In 1818 Charles W. Dulaney son of Zachariah & Mary Dulaney was active in one (Illegible) & other (Illegible) matters, a circumstance was mentioned to me by Mr. William O. (Illegible) who is a respectable Culper & who was at one time a (Illegible) in Culpeper which satisfied me from far as within my knowledge that he (Chas. M. Dulaney) was acting for himself & making contracts in his (Illegible) in the year 1816, and in the fall of that year another circumstance mentioned by him, showed me that he was dealing with John Reas (a Merchant of (Illegible) Culpeper County) early in the year 1817.  Mr. W. D. Broaden is the son of Major James Broaden of the revolutionary war & is a man of intelligence & excellent sense.

J. P. Barome
Feb. 9th 1847

County of Washington D.C.
This day John J. Barome made oath before me a Justice of the Peace for the Commissioner of Pensions that the facts set forth in the foregoing writing by him subscribed are true to the best of his knowledge & (Illegible)
Given under my hand this 11 day of Feby 1847
H. C. Williams J.P.

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In Culpeper County Court Dec. 5th 1846.
This day came Mary Dulaney & filed her declaration for a pension on oath in open court in words & figures as follows to wit:

State of Virginia}
Culpeper County} S.S.

Declaration of Mrs. Mary Dulaney widow of Zachariah Dulaney deceased, who was a soldier of the Infantry in the Virginia line on the continental establishment in the war of the Revolution, which declaration is made on oath in order to obtain for hereof the arrears or other amount of pensions which would have gone to her said husband, had he lived to obtain it under the act of the 7th June 1832. This declaration made on her (Illegible) oath in open court at a special sitting of the county court of Culpeper sitting in the trial of an unlawful detainer case, the same being a court of record – is in these words – That her deceased husband the said Zachariah Dulaney was a soldier of Infantry in the Southern department there he served eighteen months as is evidence by the certificate from the Auditor’s office in Virginia now exhibited. That he died on the 24th June 1832 before he ever obtained the benefits of the act of Congress approved 7th June 1832 for pensioning certain officers & soldiers of the Revolutionary War – and that dying so soon after the passages of that act however received the benefits of that law, but the right to the same as allowed her deceased husband by that act, is passed by subsequent acts of Congress to the widow (namely the declarant) of

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the said Zachariah Dulaney – And further she declares that she was married to the said Zachariah Dulaney in the county of Fauquier in the month of June 1793, that she continued his wife until his death on the 24th June 1832 & that she has remained his widow ever since & is still his widow; that all the records of her marriage are lost. That when her husband died he left two sons his only children to wit; Chas William Dulaney & French Dulaney, both of whom are now dead. That French died in the West several years past & Chas William in Culpeper on the 16th day of March 1845 and that she has never married since her husband’s death & is now of course unmarried. Signed by her said Mary Dulaney this 5th December 1846 & sworn to by her in open court.
Mary Dulaney
And the court order it to be certified that they give implicit faith & credence to all the facts stated in her declaration – that her marriage as declared by her, was proved in court by the evidence of three respectable witnesses to have occurred in June or July 1793 with the said Zachariah Dulaney – two of said witnesses swearing to its taking place in Fauquier County at the house of her father Wm. Duncan in June 1793 in their presence, the third witness swearing to it taking place in his presence but doubted whether it was in June or July 1793 & the court entertain no doubt & certify it accordingly to have taken place in June 1793 that Mrs. Dulaney formerly Miss Mary Duncan

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has never married since her said husbands death June 24th 1832 & is still the widow of said Zachariah Dulaney, that she is an old lady respectably connected & of fair moral character, that there is no record of evidence of her said marriage in the public archives of Fauquier County Court, nor in the private register of the family – and it was further proved in court that her husband Zachariah Dulaney is the identical soldier of Infantry mentioned by the certificate of A. W. Morton in the Auditors Office at Richmond, that the signature of said Morton is genuine; that eh French Strother named therein as receiving the certificate for said Dulaney for thirty six pounds was then a delegate from Culpeper County to the Genl Assembly of Va & continued so many years after, & that the certificate of Wm. H. Jennings clerk of Fauquier County Court is genuine & the truth of the fact it states is fully believed by this court. And that many of the foregoing facts are proved in open court by the testimony of witnesses of the highest respectability of long standing & character in this county, to all which proof the firmest credence is given. All which the court orders to be certified with this declaration.

State of Virginia}
Culpeper County} to wit:
I Fayette Mauzy clerk of the county court of Culpeper in the state aforesaid, do hereby certify that

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foregoing is a true copy of the declaration of Mrs. Mary Dulaney & the order of the said court therein.
In testimony whereof I have hereto set my hand & affixed the seal of the said court this 17th day of December 1846.

F. Mauzy C. C.

Written sideways – 
1295
  209
1086

Page 25

April 20, 1936

BA-J/EEL
Zachariah Dulaney-W.3789

Mr. J.F. Dulaney
Box 60
McKinney, Texas

Dear Sir:

Reference is made to your letter in which you request the record of Zachariah Dulaney, of Culpeper County, Virginia, a soldier of the Revolutionary War.
The date which follow are obtained from the papers on file in Revolutionary War pension claim, W.3789, based upon the military service I that war of Zachariah Dulaney.
Zachariah Dulaney was born in Culpeper County, Virginia. The date of his birth is not shown.
While residing in said Culpeper County, Zachariah Dulaney enlisted in 1780, served under Lieutenant James Barbour, Captain Stribling, Major Langhorne, Colonels Lawson and Stevens, in the Virginia Troops, was in the battles of Camden, Guilford Court House and at the siege of Yorktown; length of service, eighteen months; dates of service were not given. (Handwritten on the side – There was a Capt. Biggs (Illegible) Stribling of M, also Ct. Jas Barbour.)

He died in Culpeper County, Virginia, June 24, 1832.
The solder married in June, 1793, Miss Mary or Polly Duncan, daughter of Charles Duncan.  They were married at the house of her father in Fauquier County, Virginia. It was stated that Mary was very young at the time of her marriage.
Soldier’s widow, Mary, was allowed pension on her application executed February 25, 1837, while residing in Culpeper County, Virginia. At that time, she gave her age as fifty-six years but in 1846, stated that she was aged sixty-seven years.
She died in 1852 or 1853, place not shown.
It was stated that the first child of Zachariah and Mary

Page 26

Dulaney was a daughter born March 16, 1794, she died when about two years of age the second child, William Dulaney, was born June 24 or 26 1795. He was deceased in 1837. Two other sons were Charles William Dulaney, who died in Culpeper County, Virginia, in 1845, and French Dulaney, who went to the southwest was deceased in 1837.
The soldier had an uncle, Anthony Dulaney, who was wounded at the siege of Ninety Six and died from his wounds. There is no claim of pension on filed based upon the service of an Anthony Dulaney in the Revolutionary War.
James Smith, Miss Susannah Smith and Mrs. Winney Gotabed, all of Culpeper County, Virginia in 1847, were first cousins of the soldier, Zachariah Dulaney.
In 1837, Mrs. Mary Wharton, the widow of Henry F. Wharton, was aged seventy-eight years, and made affidavit in Culpeper County, Virginia, that her maiden name was Dillard and that her mother was a sister of the father of Mary Dulaney, widow of Zachariah Dulaney. Edward Duncan a brother of the widow, was stated to be son-in-law of Joseph Dulaney (his relationship to the family not shown). Edward Duncan went to the west in 1817.

Very truly yours

A. D. Hiller
Executive Assistant to the Administrator

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Acts of July 14, 1862, and March 3, 1873 (this is crossed out)

STAMPED REJECTED

3113
P.O.

Zachariah Delaney

Service: 

Enlisted:                 ,18
Discharged:            ,18

Application filed:   ,18

Alleges:

Re-enlisted:

Attorney:
P.O.

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

Page 28

(hand written - 1936 – Apr 20 - - Hist to J F.; Dulaney – Initial Illegible)
Revy WIDOW, &C.

File No. 3789
Mary Dulaney
Wid.
Zachariah Dulaney
Pvt. Rev: War

Act: Feby. 24th ‘48

Index: - Vol. A, Page 198

[Arrangement of 1870.]

Page 29

Va 34132
Widow of Z. Dulaney
Letter to Hon. (Illegible 1st name) Banks
4 Jany 1839

Rejected
He died before the
passage of the act.
3113

Page 30

Page 30

Zach Dulaney
Dec’d 
Ad-June 7 1832
Let E. Broaday
June 8 1837
Rejected: died before the 
passage of the Act of 7 June 1832
Let Hon (Illegible) 21 Sept ‘37

Page 31

Mary Dulaney
(Ink Smudge and very dark on the rest)
Act 7th July 1838

Page 32

Rev. 
10.197
Virginia

Mary Dulaney
Widow of Zachariah Dulaney
who was a pensioner under the Act of ---
and who died on the 24 June 1832
of Culp in the State of Virginia
who was a Priv. in the Company
commanded by Captain      of the 
Reg. commanded by Genl. Gates in 
the Rev. line for 18 mos
Inscribed on the Roll of Richmond
at the rate of 60 Dollars
Cents per annum, to commence on the 4th day of
March 1836

Certificate of Pension issued the 12th day of
Feby 1867 and sent to Hon.
J. S. Barbour, Present
Total amount, $300.
[Act July 7, 1838.]
Recorded by D.A. Wood Clerk,
Book D. Vol. S. Page 265

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Letter to Pen. Agt & J. Cargan
29 Oct 1847
Cert
1832, 1838, 1843 & 1844
Rev d

Virginia. 8091
Mary Dulaney
widow of Zachariah Dulaney
who was a Private 
in the Revolution
Husb. Died June 24, 1832
Inscribed on the Roll at the rate of
 60 Dollars
Cents per annum, to commence on the 
4th day of March 1843
Certificate of Pension issued the 
12th day of Feby 1867 
and sent to 
Hon. J. S. Barbour, 
Present
[Acts of March 3, 1843 and June 17, 1844.]
Recorded in Book d. 
Vol. 2. Page 136

Page 34

Rec’d of the Com. Of Pensions the papers in the case of Mary Dulaney from 1 to 6 inclusions.
Feby 8 1847  J.S. Barbour

Page 35

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 2nd day of April 1783, the name of Zach’h Delaney as a Soldier of Infantry for $36.00, which Certificate appears to have been delivered to French Strother and was given for services prior to the 1st January 1782.
P 128, {No Seal of Office.}
Given under my hand at the Auditor’s Office, Richmond, this
30th day of November 1846
Allen W. Morton Clk
acting in the absence 
of the Auditor

Page 36

I Fayette Mauzy Clerk of the County Court of Culpeper do hereby certify that it appears from the records of this office that there was a suit brought against Chas W. Dulaney to November 1818, upon which there was an office judgment at March court 1819.
teste
F. Mauzy C.C.

Page 37

Washington City, Feby 11/47

I have known Mr. Peter Beret of Fauquier Co. Virginia generally for thirty years and have always considered him a man of truth, of great respectability and (Illegible) his honor and honesty – He is a (Illegible) and sensible man, and his word and his oath in (Illegible) to my (Illegible) would be justly entitled to all the comm decision necessary to establish any

Page 38

fact, to which he would hear testimony – I have no doubt he is in regard to where he is known – having nieces much in the community where he resides, I cannot doubt, he is familiar with many facts relating to note and (Illegible) concerns & they whenever he is called upon, he will truly (Illegible) them.

Given under my hand this 11th Feby 1847
S. F. Chapman

Page 39

Virginia:
In Culpeper County Court 18th day of July 1837

On record that it be certified that it was proven to the satisfaction of the Court by the oath of John Smith a reliable witness, that Zachariah Dulaney or Solider of the Revolution, departed this life on or about the 24th day of June 1830. In (Illegible) leaving a widow, and that Mary Dulaney is that widow.
In testimony that the foregoing is a true transcript from the records of the County Court of Culpeper County in the State of Virginia, I Frances T. Lightfoot Clerk of the said Court, have hereunto set my hand, and affixed the seal of the said Court this 20st day of July 1837 and in the 62nd year of the Commonwealth.
F. T. Lightfoot

Page 40

Stamped (Illegible) Va

John S. Barbour, Esquire
Culpeper Ct. House

Page 41

I, William H. Jennings, Clerk of the County Court of Fauquier County, in the state of Virginia, do hereby certify that I have diligently searched the records of my office to find record evidence of the intermarriage of Zachariah Delaney, alias Dulaney, with Mary Duncan, and that I have not been able to find any evidence of such marriage.-
Certifies under my hand this 3rd day of December 1846.
Wm. H. Jennings, clerk of the County Court of Fauquier County

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Mary Dulaney
Smith for Dulaney

Hon. L. Bank
HR

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In Culpeper County Court 20th day of August 1838
On the motion of Mary Dulaney widow of Zachariah Dulaney deceased it was ordered to be certified that it was proven in Court by the oat of William Smith, that said Zachariah Dulaney died in the year 1832 in the month of June, and he thinks about the 24th and said William Smith is (Illegible) of evidence in what he would say – and George Egghorn being present in Court stated on oath that he well recollects the taking of John Smith’s affidavit as to the time of the death of Zachariah Dulaney deceased. That he said positively that Dulaney died on the 24th June 1832, and that he was present when said Smith deposed in Court on the subject, and quite sure that Smith intended then to say the same year that he had done if he did not say so, which instead of 1830 was 1832 – and that the said John Smith departed this life not long after giving said affidavit.

Virginia:
I Frances T. Lightfoot Clerk of the Country Court of Culpeper County in the state aforesaid, whereby certify that the foregoing is a true transcript upon the records of said Court.

In testimony whereof I have hereunto set my hand, and affixed the seal of the said Court this 31st day of October 1838 and in the 63rd year of the Commonwealth.
F. T. Lightfoot

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State of Virginia:
On this 21st day of September 1848, before me Lewis Y. Fields a Justice of the Peace for the County of Culpeper in the said state, personally appeared Mary Dulaney, a resident of the said County, aged sixty eight years who being first duly sworn according to law, doth in her oath make the following Declaration, in order to obtain the benefits of the provision made by the Act of Congress passed on the 2nd February 1848, granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Zachariah Dulaney, who was a private in the Army of the Revolution, and that under the Act of Congress of the 17 June 1844, she received a pension at the rate of sixty dollars per annum.
She further declares that she is still a widow.

Mary Dulaney (her own signature)

Sworn to and subscribed the day and year above written
In presence of
Geo Ficklan
John Moffett
Before me
L. Y. Field J. Peace

I certify that Mary Dulaney, the Declarant above named, is personally known to me.
L. Y. Field J. Peace

State of Virginia; Culpeper County} to wit:
I Fayette Mauzy, Clerk of the County Court of the County & state aforesaid, do hereby certify that Lewis Y. Field is a Justice of the Peace in and for the said County, duly commissioned and qualified, that he is legally authorized to act as such, and that the foregoing signatures, purporting to be his, are genuine.
Given under my hand and the seal of the said Court, this 21st day of September one thousand eight hundred and forty eight.

F. Mauzy C. C.

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Mary Wharton

Page 46

State of Virginia
Culpeper County to wit

The declaration of Mrs. Mary Wharton taken before me a Justice of the Peace for the State & County aforesaid to be unto or evidence in support of the application of Mrs. Mary Delaney for a pension as widow of Zachariah Delaney a soldier of the Revolution.

Question – Madame you have heretofore sworn that you were previous at the marriage of Mary Duncan with Zachariah Dulaney, will you state any facts that evoke you to recollect that marriage. Why you recollect it, what was its date. Who married them & any other details you may remember?
Answer – Mary Duncan now Mary Delaney & widow of Zachariah Dulaney (or Delaney) is my first cousin. My father & her mother were brother & sister. My father & her mothers maiden name was Dillard – In the year 1793 & long before I lived in Fauquier County. Aunt Duncan the wife of Charles Duncan & brother of cousin Polly Delany visited at our house & we visited them. When Cousin Polly was married, I was at the wedding, with a number of other persons, I am now seventy eight years of age. I was older than Cousin Polly (and when I say Cousin Polly I mean hearing who is now the widow of Z. Delany) – Cousin Polly was very young when married – girls then married very young & Cousin Polly was very young when she married her Z. Dulaney.
She was married by the Rev ? Parson

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Cragg, who lived in Fauquier a man I knew well, & well remember, and I know that it was in June or July 1793, by my distinct recollection of the Season of the year & the year itself, which are known to me by my own age, the time of my own marriage, the evidence of myself & husband Henry L. Wharton now deceased, our change of residence, my removal to Culpeper, my frequent revolutionary years & years ago with Pension payments. I know it by the age & death of one of her children, & I know by the birth & the age of one of my own children and all this is confirmed to us by the corroboration of the other (Illegible) who were present at that marriage as well as myself.  Namely her (Illegible) her Dodd living Bohon & Cousin Polly. I (Illegible) between the (Illegible) of June or July 1793 & are performed that it was June 1793, by those corroborating witnesses. I no doubt that it was in the Summer of 1793 (Seventeen hundred & ninety three) & I am more satisfied that Zachariah Delaney & Mary Duncan (that I call Cousin Polly) were married in June 1793 & I state this fact from my recollection of it, and that I was present at their said marriage, and that this recollection & my present believe in it, is as firm as any other fact that I do know, & of wich, I am certain from personal knowledge & distinct remembrance.
Given under my hand this 3rd Dec. 1846
Mary Wharton

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The foregoing declaration of said Mary Wharton widow of Henry L. Wharton dec’d was subscribed & sworn to by the said Mary Wharton before me a Justice of the Peace for Culpeper County this 30th day of December 1846 and I give full faith & credence to the same from my knowledge of the character & (Illegible). 
Given under the said date above
George Egghorn J.P.

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The deposition of Mrs. Winny Gotobed aged eighty one years taken before the subscribed a Justice of the Peace for Culpeper County to be read as evidence before the Commissioner of Pensions of the Gov’t of the United States in the application of Mrs. Polly Delany for a pension (that is Mary Delany) widow of Zachariah Delany.
1st Question – Have you any knowledge of the Service of Zachariah Delany (or Dulaney, in the army during the War of the Revolution; and if so state all you know of his going into the service as a soldier when he went, how long he remained in service and when he returned home?
Will you state any circumstances of kindred, blood, neighborship acquaintance or the like that enables you now to recollect said Zachariah Dulaney service & his return to Culpeper after his server was over?

Answer – my brother John Smith and Zachariah Dulaney went into the revolutionary war together and remained much longer in the serve than they expected when they left as they expected only to be gone eighteen months. I have no recollection of the year but understood they went South. Zachariah Dulaney was my first cousin was born and lived at the time where my brother John Smith and he enlisted in the army within one mild of my father & they were into the Army together and returned together.

Winny (her + mark) Gotobed

Page 50

Culpeper County to wit:
The within deposition was this day taken, subscribed & sworn to, before me a Justice of the Peace for the County aforesaid. This 31st day of December 1846.

Geo. Ficklen

Jany 1st 1847
I have known Mrs. Gotobed the deponent for upwards of Forty years, and her character is fair for honorability & vivacity & her evidence deserves full credence.
Geo Ficklen

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Culpeper Dec. 29th 1846

Sir,
I am in the Town near my residence & am in Culpeper of (Illegible) of the 24th (Illegible) in the subject of Mrs. Delany’s interest & with her nephew.
I write you therefore with haste & in the (Illegible) of any law, rules or rejections of your bureau. This manuscript is new to me, & is new (I think, to your office-it (Illegible) own objections for some of its singularities. It has your signature to it & is official. The objection which is intimated in the opening of this letter is that the Husband of the applicant lived until 1832, without “procuring a claim to a pensioner”. Now the papers before your office showed that this husband died in June 1832; that he was one of the 18 months then of 1780 from Culpeper of comm. That he did not earn under the Act of 1828 & the obligation of fifty being made, that he did not earn under the act of 1818 for financing the poor Soldiers of the Revolution. It ought to have occurred to any one declaration the papers in this Delaney case that the only law under which her husband could have claimed a her since was the comprehensive act of Congress approved the 7th June 1832 and in the 24th of June of the same year 1832 this said husband died. Is it then my good sir, better for reproach or impermanent to the widow, that her husband (vanquishing properly on a sick bed) suffered 17 days to elapse between booking an application for a pension in his even right!? The whole of which 17 days might have expired, in the delay of (Illegible -ship) the act after its passage; & transcribing it, by a precarious hail of (Illegible -night) or forthright & (Illegible)

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to an obscure & moved post office in the Mountains of Culpeper? I will but think it deserves to you to say another word in (Illegible) this objection.
The letter from you of the 24th will next state, “that as her husband was alive so late as 1832 there can be no deficiency in proving by whichever her (Illegible) the (Illegible) of the fact that her husband was a Continental Soldier.” Now this was the fact proved in open Court by three witnesses of the highest respectability namely Major Phil Lightfort an aged member of the (Illegible) Bar, a man of an high respectability in America, George Eggborn Esq, was a father of our County Court & the Jerry Cooper a (Illegible) member of the Baptist Church & nephew of Zeach’h Dulaney the women’s husband. Major Lightfort stated several (Illegible) namely that Delaney was of the siege of (Illegible) the battles (Illegible) – transferred to the (Illegible) with or by (Illegible whole sentence) will find out & send you next mail) & (Illegible whole sentence). Zeach’h Dulaney was (Illegible) a solider in the revolution & to the (Illegible) for 18 months & that there (Illegible) was in Culpeper (or else where to (Illegible) any other Zeach Dulaney but this man. Major Lighfort proved that French Strother was the delegate to the (Illegible whole sentence) Justice of the Peace 1777 to 1791. Where he succeeded (Illegible Name) in the senate of (Illegible whole sentence) in the Senate to his death in 1800. And the (Illegible) were produced to the Court to move it. Both the court

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& the County Court Clerk, (a good lawyer & intelligent (Illegible) were (Illegible) these enquiries & seeing that will no came forth. The genuine wit of the certificate of the auditor was proved & by members of the Bar, who knew her husband have written when he was a deputy clerk in the Chancery Court of (Illegible) so was that of the Clerk of Fauquier.
There minutes were read per (Illegible) in detail, because your own regulations of the 27th (Illegible) 1833, worded in Court & its 8th rule, has these words “It is but (Illegible a few words) the Clerk to give the evidence in detail, but only to state the facts not have been proved and to (Illegible) under his seal of office that the testimony addended was satisfactory to the Court.” You will find in the certificate (Illegible) that the court certify is to have been proved to been satisfied, that the husband of this widow was the identical Zeachariah Dulany mentioned in the (Illegible) certificate as (Illegible several words) he like proof was (Illegible) open court & on it the time (Illegible) of the (Illegible) opinion, that the evidence was satisfactory & the (Illegible) of the highest respectability. In Gods name what else can be done? And here & now I am stopped on my way having taken from my carnage on my crutches to a country room at Culpeper C. H. to write you of things so (Illegible) set out in the (Illegible several words) that further (Illegible) to me ought to be & have (Illegible).
On the last point your (Illegible) are for (Illegible) The biggest attainable

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evidence ought always to be produced, & especially in cases of delayed application – But the source of Rule of Law lets in Secondary evidence when it is in proof that primary evidence is lost and the rule of your office (Illegible) the rule of the common law. In this case the Clerk’s certificate proved the (Illegible) of the primary evidence, and then the secondary proof became legal evidence and is now (Illegible) such as your rule required witnesses at the marriage. It prevented a singular evidence that my (Illegible several words) wife whilst the Court of Culpeper was trying and question of unlawful (Illegible) of (Illegible) in the case of Gibron (Illegible last name) (in the widows behalf) & that proof without case of a marriage in Fauquier of the widow with Gibron in (Illegible) 1813, (Illegible several words) by the same wife of the primary poof in the Clerks office & (Illegible) secondary evidence (Illegible) in proved the marriage. The same Clerks office the same County the same (Illegible several words)!! Is Mrs. Dulaney to lose her past rights under the (Illegible) of the Union because the Clerk looses his records? This (Illegible several words) of your own regulations. You say if the record proof is lost there the testimony of one witness but (Illegible) present at the hearing (Illegible).
Here (Illegible several words) (I believe). I sent you the informed declaration, not that (Illegible)belonged to (Illegible) but that you (Illegible) before you & detect any of law that you could.
This the (Illegible) striking Justice in the case, in the cleared & (Illegible) of the proof in ace its party. So say you review the case & send the (Illegible). With respect & (Illegible)

J. S. Barbour

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J. L. Edwards
Commissioner of Pension,
Washington City D. C.

Stamped – Culpeper Dec. 23

Written sideways – Dec 31, 1846
Rec’d of Mary Dulaney

on official business

Mail

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Culpeper C. H. Dec. 29th H6

Dear Sir,
At this place same state to write you a line & I have sent you a sheet.
Do me the favor to look at the case (Illegible) & I am forwarding that (Illegible) it in all its parts so full of proof & truth, “that he who necessary read.” It was sixty six years since Delaney left Culpeper. He went with my uncle James, who was wounded at the (Illegible) I think & died from his wounds. You will find in the reports of the H6 of (Illegible) 1830 – 1832 a widow named (Illegible name) who was (Illegible) of my uncle James Smith. I have no time to write more for James (Illegible) & bury & (Illegible) by the (Illegible several words) 
With Kind respectability 
J. S. Barbour
P.S.
They say they (Illegible) produce more proof by a very old lady (Illegible) of (Illegible) I hardly think you (Illegible) to verify. The record proven Richmond & the proof of identity by the dates of (Illegible) Lighfort & (Illegible) Eggborn ought to satisfy the (Illegible) 

J.S.B

Page 57

34182

Zachariah Dulaney
du?

Va

Fraud

(Illegible Name)

See Clerk County Court

Act 7 June 1832

Page 58

State of Virginia}
Culpeper County} S.S.
On this 25th day of February 1837 before the subscriber a Justice of the Peace in and for the county aforesaid personally appeared, John Smith aged 74 years and upwards and of good character for vivacity who being first duly sworn according to law deposeth and saith that he was a soldier of the Revolution and has been allowed a pension for 18 months service. That he knew the late Zachariah Dulaney of Culper during the Revolution and ever since till his death which took place in the summer of 1832 – does not recollect the day exactly but remembers it was just before harvest – he would say it was at June Court which in Culpeper comes on the 3rd Monday. That in the year 1780 he and the said Dulaney substituted in the service under Col. Hill who marched them to Fredericksburg when they were placed under the command of others and marched on to the south for the Carolina service. That they continued together till a few days before the Battle of Guilford Court House. That he then joined Sec and left Dulaney under command of Captain Stibling Col’s Green, Campbell ((Illegible). That they remained apart in service until about the close of 1781 or the beginning of ’82 when he was returning home and on his way he fell in with Dulaney at Salisbury with Major Langhorne. That though they did not in the latter part of their service belong to the same troop

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yet he frequently saw him in passing about and knows that he was constantly in the service during the war. That he himself was and they were discharged together at Salisbury, having served a period of eighteen months.
George Eggborn JP

Virigina
I Francis T. Lightfort Clerk of the County Court of Culpeper County in the sate aforesaid do hereby certify that George Eggborn whose name appear to the preceding certificate is an acting Justice of the Peace in and for said County duly commissioned and qualified and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court this 24th day of March 1837 and in the 61st year of the commonwealth.
F.T. Lightfort, CC

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1.  

13141       9199
1352

Mary Dulany
Wd

Act 7 July ‘38

dom?
18 mo pri
$60
Also (Illegible) 4 (Illegible)

60

Hon. J S. Barbour
Present

Page 61

Culpeper County Court October 23rd 1846
This day came Mary Dulaney & filed her declaration for a pension on oath, in open court in words & figures as follows to wit:

State of Viriginia}
County of Culpeper} S.S.
On this 23rd day of October in the year of Christ 1846, personally appeared in open court, before the justices of the county court of Culpeper, a court of record now in session, Mrs. Mary Dulaney a resident of the county of Culpeper aged sixty seven years or sixty eight 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 provisions made by the act of Congress passed the 7th July 1838 entitled "an act granting half pay & pensions to certain widows.” That she is the widow of Zachary or Zachariah Dulaney of Culpeper County in the state of Virginia, who was a soldier in the regular service in the war of the Revolution & in the militia. That he was to the South in the army under Gates & Greene & Lawson & Stevans & many other officers named by him. That her said husband was at the battle of Camden & Guilford Court House & was out with Lieut. James Barbour to the South. That he was in the Southern department for 18 months & returned & was two months more in Service at the siege of York & was also nine months in the militia service before going with the regular army to the south and she made oath that the said Zachariah Dulaney her husband died the 24th day of June 1832. The 25th June being the birthday of her son

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William now dead & who if living would now be between fifty & sixty years of age – and she farther declared that she was married to said Zachariah Dulaney in the month of June 1793 (seventeen hundred & ninety three) in the County of Fauquier at her fathers house which father was Charles Duncan. That she has no family record of marriage & births & that she is informed that the records of Fauquier County do not show anything of her marriage. Diligent inquiry being made for that purpose.
Sworn & subscribed by the said Mary Dulaney on the day & year above written in open court before the justices of the county court of Culpeper now sitting.

Mary Dulaney

And in open court the following proof on oath were exhibited – for the testimony of Mary Wharton widow of Henry L. Wharton aged about seventy eight years, who swears that she was present at the marriage of Zach Dulaney & Mary Duncan in June or July 1793 seventeen hundred and ninety three. 2nd the testimony of Priscilla Bohon who swears to the same fact in the same knowledge to wit. the same marriage in June or July 1973. 3rd the testimony of Peter Rout, who swears in like manner to the same fact. 4th the testimony of Susan Wood who was at the wedding & swears to the fact of marriage, but does not recollect the time; and the court order it to be certified to the same notary of War, that Mrs. Dulaney is a respected

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old lady, known to many in the county of Culpeper & to the court to be the widow of the late Zachariah Dulaney; that the witnesses who prove the marriage are credible and disinterested persons, & that from the evidence the court believes that Mrs. Dulaney was married to the said Zachariah in June 1793 & that the facts stated by her in the declaration subscribed & sworn to by her are true, all which the court directs to be certified to the Secretary of War & the Commissioner of pensions.

State of Virginia}
Culpeper County to wit}
I Fayette Mauzy, Clerk of the County Court of Culpeper, do hereby certify that the foregoing is a true copy of the declaration of Mary Dulaney & the order of court made thereon.
In testimony whereof I have hereunto set my hand and affixed the seal of the said court this 7th day of December 1846.
F. Mauzy C. C.

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The evidence in Mrs. Dulaney’s case is full on every point as I (Illegible). The comment in his letter of the 6th Feby admits it to be satisfactory on every point but one, & that point is the date of her marriage with Z. Dulaney. The (Illegible) letter is also clear in the (Illegible) that the absence of the primary proof is so were account for, as to let in secondary proof of the date of the marriage.
It will be (Illegible) in the evidence taken in open court, when the first declaration was heard in Oct last. That four witnesses swore in open court that this marriage occurred in June or July 1793 and this Dulaney in the presence of three witnesses did hence & swore that the marriage was in the month of June 1793. (Illegible) she named the day of that marriage. The witnesses all said they were present at the marriage and in the year 1793 ((Illegible) that marriage) Henry S. Wharton & Mrs. Wharton removed from Fauquier to Culpeper County. As she (Mrs. Wharton) states in her second declaration as one of the circumstances, by which she fixes

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The fact of the marriage in June 1793.
This Peter Rout a witness of remarkable as many according to his (Illegible) appeared to me yesterday & of high sense of honor & character according to (Illegible several words) of this day. Swore positively that at marriage town place in June or June 1793. He is so (Illegible) & so honest a man, that it may well be commented that he has (Illegible) & vivacity enough, to know what he was swearing to & that he was (Illegible). It is a thing not done in a (Illegible), but in open court, by a man who is unsullied with suspicion. Mr. (Illegible) evidence in his farm may get he (Illegible)-he is gone (Illegible), but (Illegible) to say that in a late time of a law cause in Fauquier (Illegible) Court, Peter Rout, exhibited to the Congress, a remarkable accuracy of marriage, as dates & events fifty years ago. Such testimony from such a witness is entrusted before any (Illegible), to more weight than the testimony of (Illegible) witness. Other witnesses swore to me fact & three times has the court of Culpeper (Illegible) that it was more to the satisfaction

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of that court, that the date of marriage was proved fully to have been in 1793 & in (Illegible) by witnesses of the highest respectability.
The additional evidence:
Mrs. Wharton gives her reasons at large; they are set forth in her identical words in most of it. That she lived in Fauquier up to 1793. That she knew the marriage by the time of her removal to Culpeper, by the birth of one of her children by the birth & death of Mrs. Dulanys child, who was her first child & other circumstances & (Illegible) hereto her (Illegible) & positive (Illegible) that the marriage was in June 1793 but that there is no fact in her knowledge more clearly as such.
James Smith a cousin of Z. Dulaney; swore that he lived two years with Zachariah Dulaney (lived there by his father where he was a boy under (Illegible) as he states orally) that this marriage took place whilst he lived there, that he was not at the wedding in Fauquier but he was at the wedding dinner given at Dulanys fathers & that he knows the marriage was in 1793. He proved facts within his knowledge together which then he ought to know its date & prove (Illegible) facts, he fixes the marriage in 1793

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Evidence just now filed
The Clerk of Culpeper certifies that in 1818 & prior to November of that year a (Illegible) was entitled (Illegible) the son of this widow. I saw that (Illegible) in the Clerks books a few months ago was (Illegible) us C. W. Dulaney, the (Illegible). The papers were with (Illegible) years ago as appears.
This W. Dulaney was the second son of the marriage. The first child was a daughter who died. This fact is proved by Mrs. Wharton & by William O. Broaden Esq. the latter of whom is intelligent & respectable as anybody. Allowing the (Illegible) period of time for the partaken & his birth on with the first child & any usual period for the (Illegible) this second son’s age & manhood are so clear by (Illegible) that (Illegible) of them & in the marriage at the period of time. Sworn to as in June 1793 by so many witnesses and certified as three several occasions by the Court of Culpeper in open court to be fully proved & as one occasion (Dec 5th 1847) by witnesses of the highest respectability. The case is too (Illegible) for doubt. In (Illegible) 1818 Wm Dulaney was (Illegible) in the election of (Illegible) & Hill on the beginning question. He must have been of (Illegible) as stated sometime before that date.

J.S. Barbour

Page 68

+ Delpah, Smith
Mary Dulaney

(Illegible) act 1846
& filed with papers
18 Sept.

Esq. D. H. Wood
Sept. 24 - 57

Page 69

Washington D.C.
Sept. 12 1857

To the Comm. Of Pensions:

Enclosed are the powers of Atty of Delphi Smith & Mary Dulaney, which please file in town for examination of the papers.

Respectfully
D. H. Wood

Page 70

No 2

Wheeler N. 4
$1.80

Wheeler

Wheeler

Wheeler Heo.

Richard M. Young
Clerk Ho Reps US

Page 71

Richmont Oct. 27th 1847

Dear Sir,
I presented the written papers of A Robinson for payment which he did not full per to do in consequence of the Pension Certificate not being correctly copied but advised me to forward it to you and thought you would direct the payment (Illegible) so doing will confer as favor on a worthy widow.

Yours respectfully
Joseph Carson

Page 72

Dear Sir:
Thursday Evg Feby 11st 1847
Col. Robt G Ward of Culpeper now here informs me that he was deputy Sherriff in 1815 to 1827 (& is now Clerk of the Circuit Superior Court of that County) that he recollected the first transaction (in contract) by William Dulaney was before he (Dulaney) was of lawful age & that his father a (Illegible) its liability & paid it. He speaks with certainty of that occurrence which (Illegible) it out of all doubt & is very certain of the event & incidents disclosed in the case before you the save transaction. That W. D. Broaden Esq alludes to in his declaration in 1815 or 1816. But the transaction on which W. Dulany was (Illegible) in 1818 was made late in 1876 or Ju Dulaney’s sale on 12 hereto credit, which was a year before taking ((Illegible). Statement now under me with all the other evidence, now confirms what old (Illegible) Dulaney none to in court & which is somewhere in the papers before you namely that her first child (always (Illegible)) was born 16th March 1794. 9 months & 12 days after her marriage & the second child June 24th 1795 – and that

Page 73

This is the truth of the case. I have no reason of doubt. No one can recollect (Illegible) a mother the birth of her child, and to this (Illegible) sworn in open court. And my own knowledge of her (Illegible) saying that I would believe her a (Illegible) I would any one.
(Illegible) to send you them both
Wm. Revty & J. S. Barbour

(Illegible several words) 


Commissioner of Pensions
&
(Illegible)

Page 74

9

Z

John S. Barbour Esq
Washington
D.C.

Page 75

State of Virginia}
Culpeper County} to wit

This day William S. Broaden of said county & state now in his fifty eight year of age made oath before me a Justice of the Peace for the said county, that he lived according to his distinct recollection about fifty years the neighbor and countryman of Mrs. Mary Dulaney, who was the wife & is now the widow of Zachariah Dulaney. That he knew the said Zachariah Dulaney well up to his death, in June 1832; that his affiant’s father was the near neighbor of said Zachariah & Mary Dulaney and that whilst he cannot speak as to the date of their marriage, he well remembers & believes that the first child of said Zachariah & Mary was a daughter, who died an infant of about two years of age; that their second child born after death of the first was Charles W. Dulaney (usually called William Dulaney, his name being Charles William) and that in the year 1816, the same Charles W. Dulaney was making contracts & entering into other engagements on his own account as if he was a man of full age & responsibility, & was regarded as of legal age & estate and affiant thinks he was so contracting late in 1815; or early in 1816 and in 1818 or 1819 he was sued in court on a count made by him in 1816; and that these facts are stated by him, the said Broadens in reply

Page 76

to questions asked him on these several points.
Given under my hand & seal in my official capacity aforesaid this 9th day of February 1847.
Thos A. Foushee (Seal)

That a (Illegible) is an acting Magistrate of Culpeper County Va. & the above signature I know to be his genuine hand writing.

J. S. Barbour
Feby 11th 1847

Page 77

I was visiting in the town of Bowling Green Kentucky, in the year 1818. I commenced the practice of the case there in the spring of that year. I have a very distinct recollection and do not think I am mistaken. That Daniel Smith removed to Bowling Green and was residing there in 1818. I knew him and his excellent family extremely well, up to the period of my removal from Bowling Green in the year 1834.
J. F. Morehead

Washington 10 Feb. 1847

From Culpeper Va
I believe Mr. Smith removed to Kentucky. His family consists of several sons and daughters. My impression is he has four sons James, Sumner, Robert & Hiram – of whom I think, Hiram is the only survivor. He was still residing when I last heard in Bowling Green.
J.F.M.

Page 78

State of Virginia}
Couty of Culpeper} S.S.

Be it known that on the 4 day of September 1857, before the subscriber a Justice of the Peace, in and for the said County, personally appeared Mary Dulaney above named, and acknowledged the foregoing power of Attorney to be her act and deeds.
In testimony whereof, I have hereunto set my hand the day and year above written.
Perry Eggborn JP

Written sideways – Mary Dulaney Va ‘48

State of Virginia}
Couty of Culpeper} to wit:

I Fayette Mauzy, Clerk of the County Court of Culpeper in the state aforesaid, do hereby certify that Perry J. Eggborn who hath made the foregoing certificates, is now and was at the time of so doing an acting Justice of the Peace in & for said county, duly satisfied, and that his signatures thereto are genuine.
In testimony whereof I have hereto set my hand & affixed the seal of the said court this 5th day of September 1857 & in the 76th year of the Commonwealth.
F. Mauzy C. C.

Page 79

State of Virginia}
Couty of Culpeper} S.S.

Mary Dulaney personally appeared before me, a Justice of the Peace in and for the county aforesaid, and made oath that she is the widow of Zachariah Dulaney dec’d, and as such widow, is a Revolutionary pensioner of the United States at the rate of sixty dollars per annum.

Mary Dulaney

Sworn to & subscribed this 4 day of September 1857.
Perry J. Eggborn J. P.

Know all men by those present, that I Mary Dulaney of the County of Culpeper & state of Virginia, a Revolutionary Pensioner of the United States, do hereby constitute & appoint D. H. Wood of Washington City, Dist. Of Columbia my true & lawful Attorney. To examine for me this paper now on file in the General Pension Office upon which this pension I now receive was allowed with a view to the establishment of an increase of said pension.
Witness my hand & seal this 4 day of September 1858.
Mary Dulaney (Seal)
Sealed and delivered}
in presence of}
Perry J. Eggborn
James. M. Broaden

Page 80

J. L. Edwards, Esquire
Commissioner of Pensions
Washington 

Written sideways – Mary Dulaney; Suzanna 

Leonard
Sept 27/68
Stamped

FREE

Page 81

Richmond, September 25, 1848

Sir,
You will receive enclosed herein the Declarations of Mary Dulaney, and Susanna Leonard, pensioners under the Act of the 7th June 1844, made to obtain the benefits of the provision of the Act of the 2nd February 1848. Be pleased to enclose me Pension Certificate for them.

I am respectfully,
Your obedient Servant
Anthony Robinson

Page 82

Sir
(Illegible) Jany 25th 1847

Several weeks past I forwarded you evidence (Illegible) to the requisition of your letter first (Illegible) know you on Mrs. Delaney (Illegible) time for a pension. About two weeks since I took the liberty of asking a (Illegible) because I was well (Illegible). That I (Illegible) be annoyed with the unfortunate of (Illegible) & friends last (Illegible) at (Illegible) County Court. The weather of that day was unbearable & I was in that way (Illegible) from it, by my remaining where my house.
Yesterday I had a pressing call on that subject. I (Illegible) only (Illegible) that I was (Illegible) & that I expected a reply by the mail of tonight. The mail arrives & departs in the night, so that if I write at all; I have no opportunity to do so by the return mail, hereby I write you in advance of its arrival.
It is the intention of this old lady, in the event of your denying her pension to bother at the present session, in appeal (Illegible) your decision of it be (Illegible) and you will see that so much time has already elapsed while Congress is (Illegible) to its close. That she may be deceived (Illegible) of this appeal.

Page 83

I wish something in it quickly done, & I think at just that she (Illegible) a quick decision.
If you will look at the case yourself, it is (Illegible) that a (Illegible several words) can (Illegible several words) rights.
And every applicant has a right to the (Illegible) of the head of the Bureau and if you will lay your regulations of the law on one side, & her evidence on the other it is in (Illegible), that a double can exist as to her rights.
It (Illegible) in this confident opinion of (Illegible) you over rule me, say so, & I will write on & have the (Illegible) laid before the Senate by (Illegible) for her pension, for it is too late to lay it before the (Illegible) with any (Illegible) of a law for her (Illegible) or this (Illegible)
I shall be in Washington in one week; and the subject of my (Illegible) with you in hearing (Illegible) (the recovery of the deferred stocks due Col Brynes father) and I wish that I may have on my (Illegible), no other (Illegible) than that; when I get there.
My shattered leg is very painful to me, this winter, & to it & Toil & exercise, disturbing to me.
I am Respectfully yours
J. S. Barbour

J. L. Edwards, Esq.

Page 84

(Illegible) Jany 5th 1847

Sir,
I have had no two days of respite from the importunity & communications of old Mrs. Dulaney since (Illegible) of the December was delivered to me. You will readily infer the wise that prevails with me to disturb then my time of this importunity. I was in my son’s office the new years day when Mr. James Smith’s declaration was taken, where I saw Doctor Pinckard & learned from him that both he & his wife knew some of the facts that you required to be proved and I (Illegible) the sixth day a note of enquiry which is enclosed in part of his declaration & (Illegible) who to that of the old lady his wife.
These proofs are informally written by the old man or by his son ((Illegible) of respectability) under his eye & direction. I think you will agree with me that evidence so taken deserves (Illegible) weight then 1 more formal declaration taken under the promptings of (Illegible), who desire & do give to such testimony by the (Illegible) of preparing it, a (Illegible) which do with really discloses the true sense of the witness. All the deposition recently sent you are the (Illegible) narrators of the deponents making these and it there by anything more remarkable than any other in the case its progress as is now (Illegible) it is the strength of the evidence which I hear every (Illegible) fact. That the law & the regulations for your bureau, required to be proved. The witnesses who deposed in court & on whose testimony the court certified the case to you as the several certificates first (Illegible) are

Page 85

(with one excellent) other (Illegible) than those whose (Illegible) have been subsequently taken & (Illegible). And his coincidence in the material facts is a striking proof of the truth. In one of my letters I left a blank in the name of the Major who commanded (there a Leut. the soldier Dulany, at 96 & (Illegible). Major Lightfort (Illegible) informed me that his name was Major Langhorne, who resided in King & Queen County Va after the war terminated. I have a faint recollection of seeing Major Langhorne, when I was a boy at school in Richmond in the year 1808.
In your letter of the 24th December (I think was its date for it is not now by me) you require that Dulaney be identified with the service of the 18 months now dead for the service. That was done in the certificate of the Court & on the testimony of Major Lightfort, Mr. Eggborn & others, who the court certified to as witnesses of the upmost respectability as were all the witnesses being as into Court. That identity is now further proved by depositions since taken & sent you. You require the proof of this Delany age – that is given you now by old D. Prichard, Mrs. Prichard & Mr. James Smith. Old Duncan had but one son. He had the family (Illegible) of his father & many years ago removed to the west & died thirty years ago. No trace can be found of it – his Dulaney swear that all the registers of the family are lost or destroyed. If they can be found, she would probably appeal to him & save her

Page 86

all this trouble. If in writing Culpeper to produce or find any such register after (Illegible) though (Illegible 2 words) to get it.
How can she bear with (Illegible) the (Illegible) or the (Illegible) of the lost record in Fauquier, or certified by the clerk. She is not (Illegible) that the archives of our court do not supply such evidence.
Several cases occurred within my knowledge – one was before the court in the case of (Illegible) when the court heard the witnesses & certified the prove & declaration for Mrs. Dulaney.
The weak point in her case, to my eye, is in her waiting for so long a time to file a claim to a person in her own right. (Illegible) I have so said to her. But she said in reflection that (Illegible) (so suggested to her by me) that she did apply to her representative, & that he applied to you (or told her he did so) & was (Illegible) that witness she (Illegible) prove her husbands service by one of his fellow soldiers & name the officers & company to which he belonged, had her case was (Illegible) all of this what she had heard of were dead, & in despair she desisted the (Illegible).
I wrote her a day or two ago to send me her written certificate of what facts – If I get it I will send it to you. Take the case see in all it (Illegible) to me too (Illegible) for doubt or delay. The testimony is full & clear and I have a question of your coming to the same conclusion.

I offer you my best respect
J. S. Barbour

Colo: J. S. Edwards Comm. Pensions

Page 87

Doctor Pinchard is an honest (Illegible) man who has been all his life a farmer – a few years ago he (Illegible) & with some success. The (Illegible) in the caring art – and is called Doctor in (Illegible) caregiver of it.
Both he & his wife are worthy & good old people of good decisions & good minds.

J. S. B.

Page 88

Pension Office
February 6, 1847

Sir, 
The additional evidence in the case of Mary Dulaney, is deemed sufficient to establish her husband’s identity with the 18 months draft, designated in the Auditors certificate. But the Parol testimony does not ascertain with the necessary precision the relation of husband and wife at a date before 1794. Mrs. Wharton, does indeed say that she knows the marriage took place in June 1793, from her own age, - the time of her own marriage, here change of residence, removal to Culpeper, frequent conversations with claimant, her cousin, - the age and death of one of claimants children, and the birth and death of one of her own.
These may constitute data in her own mind to ascertain the date of her cousins’ marriage; but without the disclosure of the specific facts referred to and of their association

Page 89

With the date of that marriage, her deposition afford no means to the Department to determine how far those facts establish the accuracy of the date she assigns to it.
The approval of that date to the limitation of the Act of 7th July 1838, it is (Illegible), renders it extremely difficult to ascertain it with the requisite certainty by such Parol testimony as has been filed in this case. Although the failure to (Illegible) the first grade of proof has been accounted for, so as to let in an inferior grade, yet it is not so conclusive in itself, or so fortified by family documents, as to render it satisfactory under any safe rule of adjusting widow’s pensions
Do you propose to submit it (Illegible) rep, the papers will be readily sent you when and where you may request.

Very Resp. Yr Ob Svt
J. L. Edwards

Hon. J. S. Barbour,
at Mrs. Shoonards

Page 90

(Illegible) Jany 7th 1847
The enclosed note signed “Mary Dulaney” & addressed to me is subscribed in the (Illegible) writing of the old lady whose name is Mary. The body of the note is I think in the handwriting of Dennis Yancy Field Esq. who is a Justice of our County Court (the brother of Judge Field) & the brother-in-law of Mrs. Dulaney.
To the brothers of fact (Illegible) I give my implicit believe – forwarded in previous conversations with Mrs. Dulaney; on the concurring statement of Major E. Broaden late the Representative of this County & a similar one of his Cooper. Until the death of Mrs. Dulaneys son (which occurred in 1845, (a man over 50 years of age). She had a home at his (Illegible). Since his death she is (Illegible), except (Illegible) the kinship of Mr. Field & her brother and her poverty has doubt of (Illegible) her years for the (Illegible) of this pension. And to it I think she is clearly entitled under the law, and that the proofs are full in her behalf.
Given under my hand this 7th January in the year of Christ 1847.

J. S. Barbour

Page 91

Colo: J. S. Edwards
Comm. Of Pensions

Sir,
(Illegible several words) of Mrs. Dulaney, (Illegible) her case so (Illegible) in all its parts, that I (Illegible) perceive one (Illegible) cause for (Illegible) or (Illegible)
The proofs so far on this rest in oral (Illegible), have (Illegible) Token – and the language of the witness, (Illegible) to you in (Illegible several words)

I am very Resp y
(Illegible)
J. S. Barbour

(Illegible) Jany 7th 1847

Page 92

Mr. John J. Barbour
Culpeper Ct House
Va

Page 93

Culpeper Jany 4th 1847
Sir,
I received your note requesting me to explain my reasons for not applying before now for a pension. I did apply to Major Broaden several years ago and was told I could not get my pension because the old soldiers that marched south with my husband were all dead and the proof of (Illegible) from others would not do. Major Broaden gave me his opinion that my claim on (Illegible) of my husbands service was good if I can proof it by any of the men that were with him. I did not know all you wrote to Richmond for it that the old papers there furnished my proof. This is my reason.

Yours most respectfully
Mary Dulaney

Mr. John S. Barbour
Culpeper

Page 94

Culpeper December 24th 1846
Dear Sir:

I have had a call from Mrs. Dulaney to know why I have neglected to send for the pension certificate due her. My reply was that I have forwarded the papers & they wre probably wanting their turn for action in your office. I sent you all her papers including the separate affidavit of the witnesses before their insurance was taken & certified in open court. This seemed to me to be proper, and I regret that the friend of the old woman complained of this. If there was anything wrong here (Illegible) the means for detecting it, and if anything wrong (Illegible 2 words) the claim ought not to (Illegible). I believe have the testimony in court & out of court was (Illegible) except with one witness whose hearing was strengthened & corrected by circumstances narrated by things.
Do let me hear from you as early as you can.
With Respect & (Illegible)
J. S. Barbour

J. L. Edwards, Esq.

Page 95

M. B. if (Illegible) Pennybacker I have once (Illegible) you in relations to Mrs. Hairbrogh claim will you show him all the cases & (Illegible) letters. And (Illegible) the testimony given from (Illegible) County Va. Since the certificate “(Illegible) to the affidavit.”
I lost her (Illegible) or Major Broaden lost them, then years ago, for this she (Illegible) me, & since then I have (Illegible several words)  supported that (Illegible) by other endurance, which is in your office.
(Illegible) is heart (Illegible) that she may complain of the (Illegible) of papers and if Judge Pennybacker calls & looks through here what (Illegible) & my letters, he will see that she owes me thanks in (Illegible) of (Illegible) for looking her (Illegible).
J.S.B.

Page 96

13.141 –
Mary Dulany
Va
Act 7. July ‘38

Written upside down - Colo J. L. Edwards
Commr Pensions
Washington

Page 97

To the Comm. Of Pensions

Culpeper December 8th 1846
At the request of old Mrs. Dulaney

Sir,
I send you the enclosed papers.
1st her declaration in open court to obtain the pension allowed to her by law on the widow of Z. Dulany. To this is added a summary of the facts proved in court, & the court certificate of this truth, and next a further certificate of court and other proof that she is the widow, was never again married, that there is no reason of her hearings in court or out of court, nor in the clerks office of Fauquier or elsewhere. And then the proof by witnesses in court who were present at her marriage witnessed that marriage in June or July 1793. And subsequently she proves by two other witnesses who were present at the marriage that this marriage occurred in June 1793 & by a witness that was in June or July 1793. Which when joined with the widows oath that it was in June 1793, the court certified to the latter date of the marriage namely in June 1793.
2nd the second declaration asks for the arrears of

Page 98

of pension to where her husband was credited by dying 24th June 1832, under the act of June 7th 1832. Which arrears will be (Illegible) the 3rd March 1831 to June 24th 1832. I believe now this second declaration was made after the husbands pension with the current (Illegible) the office of the Auditor in Va proving 18 months service by her husband. Also the (Illegible) the Clerk in Fauquier that his records (Illegible) no proof of the marriage. The (Illegible) of this certificate is (Illegible) in Culpeper Court, by the Clerk & others & the County Seal of this office authenticated (Illegible). The genuine (Illegible) of the auditors certificate is also proved & authenticated in the (Illegible).
Her (Illegible) letter to me is sent to (Illegible) that her (Illegible) the Auditor is (Illegible) & that he is performing his office in (Illegible) of that (Illegible) & the (Illegible)
It seems to me that the whole case is so truly & so clearly proven on the render needless our word of communication.
You will herewith that the declaration

Page 99

is (Illegible) after your (Illegible) though not (Illegible) following it. It was written in open court, and the toils of an (Illegible), that left me (Illegible) opportunity of doing more I have (Illegible) our intelligent clerk your regulations to which there as no form at (Illegible)

An early case of this matter will oblige me.
With best (Illegible)
J. S. Barbour

Your (Illegible)
J. L. Edwards, Esq.

Page 100

Culpeper Jany 2? 1946

Sir: 
I found you (Illegible) a witness of evidence proving the marriage & age of the widow of Zach Dulaney, his identity with the 18 months of service in the south, and I am told that the age of Mrs. Dulaney will be more fully proved by an old lady who was with her at school.
The declaration of Mrs. Wharton is a (Illegible) copy in its (Illegible) part of what she attained to the (Illegible) who wrote it down & sent it here to be (Illegible) into shape. I copied it very nearly word for word, as the (Illegible) had written it down & not (Illegible) a very intelligent man. The other whereabouts were taken by the (Illegible) under all the precautions which the rules of our Chancery & Commission & am (Illegible). (Illegible several words) write the (Illegible) & the practice or same one for him. I will write the (Illegible) of the witness (Illegible) are delivered. So that you have a fair (Illegible) & (Illegible) of the testimony & the witness in his or her own (Illegible)

Page 101

In the testimony of old James Smith, he (Illegible) of Eair Dulaney, his brother (Illegible) Thornhill & Anthony Dulaney who was shot at 96 & died of his wounds. He (Illegible) to (Illegible several words) after the win Brother the name “Hohn” (Illegible) Leanna Smith (Illegible) supplied this name. I knew Thornbill well & got his pension for him whilst I was in Congress under the act of 1828. I got it, or you will see on his (Illegible) to run stating his service & enlistment without any other proof or declaration.
(Illegible) evidence (Illegible) except Mrs. Whartons is other evidence (Illegible) that hear in open court where the court certified the witnesses where of the (Illegible) respectability & the evidence satisfactory.
The case seems to be so (Illegible) made and that I cannot (Illegible) what (Illegible) difficulty may will be (Illegible).

Very respectability yours
J.S. Barbour

The comm of Pensions

Page 102

P. S. to show you how (Illegible) case is taken of the register of marriage (Illegible) in our courts. I was last Feby looking for the date of my fathers marriage in 1784 & could find no trace of it in this court & office. And another day the court (Illegible) Mrs. Dulaneys declaration & evidence we were (Illegible) an important question of a widows (Illegible) to (Illegible), in a case of Gebran in (Illegible), in which it was (Illegible) to prove the marriage that occurred in 1813 in Fanquier, & no proof of it could be found on the records & more obliged to (Illegible) to the (Illegible several words) who were present at the marriage & join that ot the husbands (Illegible).
The truth is that (Illegible) 1776 down (Illegible) the marriage registry is very imperfect in all our county court (Illegible) offices. The clerks (Illegible) the (Illegible) to the powers who (Illegible) returned a list of marriages to (Illegible)

J.S.B.

Page 103

Feby 8th 1847

In one of my papers I stated that the brother of Mrs. Dulaney was in belief written by Mr. Field the brother of Judge Field & brother-in-law of Mrs. Dulaney. At January Culpeper Court I was informed by Leory Cooper that it was written by Mrs. (Illegible) the niece of Mrs. Dulaney. Jay Cart is (Illegible) to the date of my (Illegible)

J. S. Barbour

Page 104

Stamped Envelope – Richmond Va Nov. 30
Stamped 5

John S. Barbour Esq
Culpeper C. House

Page 105

Auditors Office Nov. 30 1846
Dr. Sir – 
I hand herein a certificate in case of Z. Dulaney requested. We have no further evidence of his services. You will perceive that the name is Delany in the certificate. This is the orthography of the register.
I am sorry that Mr. Heath is kept from his office by indisposition.
Respectfully, I am 
(Illegible Name)


J. S. Barbour, Esq.

Page 106

McKinney Tex
Apr 3rd ‘36

Veterans Bureau
Washington, D. C.

Gentlemen:
Will you kindly send me the pension record of
Zachariah Dulaney, a Rev. soldier of Culper Va?
And greatly oblige, yrs truly
J. F. Dulaney
Box 60
McKinney, Tex

Stamped – RECEIVED Apr 6 1936