Revolutionary War Pension and Bounty Land Warrant Application File R. 11459, Robert Whiteley, Va.

SERVICE
NUMBER
va.
Whiteley Robert or Whitley or Whitely
R 11459
CONTENTS
Jane

The declaration of Jane Whitey or Whitty, widow of Robert Whitty deceased a Revolutionary soldier for the purpose of obtaining the benefits of the provision of the Act of Congress passed on the 7 th June 1832 1832
State of Virginia } County of Smythe } S.S. Be it known that on this day personally appeared before me a justice of the peace in & for said county Jane Whitey, a resident of said county & being first sworn in due & solemn form of law, doth, on her oath make the following declaration: That she is now seventy seven years of age, that she is the widow of Robert Whitty deceased who was a Revolutionary soldier, that she was married to the said Robert Whitty in the year 1790 by the Rev William Reagan in the county of Washington, that the said Robert Whitty died in the county of Smythe, in the year 1838: that her husband, the said Robert Whitty fought through the Revolutionary War alternate-ly, that his last campaign of service in said war was from the county of Shenandoah in the State of Virginia, that his captain was by the name of Bell His Colonel by the name of Dark, that he was in the battle of Yorktown, at the surrender of Lord Cornwallis, that he was honorably discharged after or about the peace of 1783 by order of Congress that he never applied for a pension. That she is unable from age & bodily infirmity to attend court Being now aged, infirm & poor she respectfully prays that her name may be inscribed on the pension Roll of Widows of Revolutionary Soldiers that her pension may commence on the 4 th day of March 1836 & be continued to her during her natural life, in conformity with the law in such cases made & provided. Sworn to & subscribed before me in the county of Smythe on the 28 th day of July — 1853.
The signature of Jane Whitey } or Whitty acknowledged in } my presence to be her act & } deed - Robert Thornton }
Jane her mark Whitty or Whitey

Virginia, Smyth County: to wit:
This day Jane Whitney also named personally appeared before me a justice of the peace in & for the county aforesaid & made oath that the above declaration for a pension contains the truth to the best of her knowledge & belief. & I am of opinion & so certify that she is not able from age & bodily infirmity to attend court in person. Given under my hand this 28th day of July 1853 Charles C. Campbell J.P.
Virginia: Smyth County: to wit:
I, James F. Pendleton clerk of the county court of Smyth county do hereby certify that Charles C. Campbell whose name is signed to the above certificate was & is a justice of the peace in & for Smyth County duly commissioned & qualified according to law & that the above signature purporting to be his is genuine. Given under my hand & seal of office at Marion in the county of Smyth on the 17 th day of August 1853
James F. Pendleton Clerk of Smyth County Court
Virginia: Smyth County: to wit:
I, John G. Cecil promising justice of the county court of Smyth county do hereby certify that James F. Pendle- ton is clerk of said court & that the above sig- nature purporting to be his is genuine. Given under my hand this 17 th day of August 1853
J. G. Cecil J.P.

Rec? since letter of Sep 29 1853 was written, filed to be taken up when he sends proof of lease
See O'Brien's note of Oct 7/53
ab

State of Virginia ) Washington County. ) fc.
Extract from the record of the return of marriages solemnized in the county of Washington, by the Reverend Nicholas Reagan. — "Washington County Virginia June 17 th 1794. To the worshipful court aforesaid, County memorandum of Marriages. Robert Whiteley and Jane Gilliland, signed Nicholas Reagan."
Know all men by these presents that we Robert Whiteley and John Gilliland of the county of Washington, are held and firmly bound unto B. Randolph esquire Governor of the Commonwealth of Virginia for the time being and to his successors in the sum of Fifty pounds current money, to be made to our said Governor for the use of the Commonwealth. To the payment whereof, we bind ourselves, and each of us, our heirs, executors and administrators, jointly and severally firmly by these presents. Sealed with our seals and dated the 9 th day of July 1790.
The Condition of the above obligation is such that whereas there is a marriage intended to be had & solemnized between the above bound Robert Whiteley and Jane Gilliland daughter of James Gilliland of the county of Washington. If therefore there be no lawful cause to obstruct the same, then the above obligation to be void, otherwise to remain in full force and virtue.
signed, sealed and delivered
in presence of
Andrew Russell
Robert Whiteley (seal) John Gilliland (seal)
The foregoing is a true extract from the record of the return of marriages solemnized in the county of Washington by the Rev d Nicholas Reagan dated June 17 th 1794, which list contains the marriages celebrated by him for a number of years, without any other date than the one above mentioned, and also a true copy of the bond executed by Robert Whiteley on obtaining license for the marriage of himself and Jane Gilliland.
In Testimony whereof I Jacob Lynch Clerk of the court of the said county, have hereunto subscribed my name and affixed the seal of the said court this 6 th day of October 1853.
Jacob Lynch C.K.

N o 15.010. Jane Whitley Widow of Robert v c
J. W. Stevens Sep 29 1853 fate N o 23 1853
11H39
Act July 7 1838

Acts of July 14, 1862, and March 3, 1873.
11,459
P. O.
Simo Whiteley
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Smyth County To wit This day Elias Porton of the County aforesaid and state of Virginia personally came before Charles J. Shannon a Justice of of the said County and state and made oath That he was well acquainted with Robert Whitley of the aforesaid County and state for nearly Forty Years a portion of which time he lived in the House with the said Robert Whitley and in conversation with the said Whitley had frequently heard him The said Whitley say That he served some time as a soldier in the Revolutionary war That he Whitley was at the Taking of Lord Com- =wallis near York Town in Virginia and he had frequently heard him say That he had a companion by the name of George Virger and another by the name Michael Shinerfater That he had heard him say That he assisted in cons- =tructing the American Breastworks and That he frequently saw the Bomb Shells from the British Mortars fall very near where they were at work and had seen soldiers put out the Matches in the shells and save the powder. That he had heard the said Whitley say That he saw the French Troops pass by where they were in the Entrenchment the Evening of the Battle commenced That after the Surrender the American Troops were formed in two lines That the soldiers were Ordered not to Laugh. Talk or make any noise while the British Troops passed between the American lines That he saw the British Troops pass between the lines Carrying their Muskets by the Bitch and dragging their Bayonets

on the ground That he had frequently heard (his Boston Mother) say That Robert Whitley served in the Revolutionary War That he from his acquaintance with the said Whitley believed him to be a man of strict integrity given under my hand this 10 th day of November 1855
Charles J. Shannon Jr.

Smyth County Virginia Dec't This day Joseph Beckett of the said county & state came before me Charles J. Shannon justice of the peace for the County aforesaid and made Oath that he the said Beckett had lived neighbour to Robert Whiteley for upwards fifty years. During which time I have often heard the said Whiteley speak of his serving in the Revolutionary war that he (Whiteley) told him that he entered the army in his 17 th year, that him & his Brothers John & Alexander Whiteley was at the taking of Lord Cornwallis, all three serving together. That he had a murmur by the name of George Viney, and that they were honourable discharged, and further in conversation with Alexander Whiteley (Robert's Brother) I often heard him repeat the same particulars, that Alexander had the Yellow fever, and when discharged they returned home by the Barracks at Winchester in Virginia and from his knowledge of the three Brothers in parts of Norton, he has no doubt of the correctness of their statements. Given under my hand this 29 th day October 1853
Charles J. Shannon, P.
State of Virginia } Smyth County }
I James T. Beadle Clerk of the County Court of the County and State aforesaid do hereby certify that Charles J. Shannon whose above signature is genuine is an acting justice of the peace of the County of the said County duly commissioned

and qualified and that all his acts as such are entitled to full faith and credit
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Mead this 3 rd day of November A.D. 1853
James D. Benedict Clerk of Sayre County Court V.

Abingdon Oct 7th 1853
Hon Comr.
Dear Sir
I have Enclosed the Clerks Certificate of the Marriage of Mrs Jane Whitty - and will enclose the balance of the required proof as soon as I can have it returned
I am Dear Sir, Very respectfully your Colt ST
John W. Stevens

Abingdon August 23 d 1853 Hon ble Com ee of Pensions
Dear Sir
Enclosed is the declaration of Mrs Jane Whitley, Widow of Robert — Whitley a Soldier of the Revolution, praying that pension in right of her husband be granted unto her under the act of 7 th June 1832, Commencing on the 4 th of March 1836, and continued to her during her Natural life, Mrs Robert Whitley was a highly Respectable Man, and proverbially known as one of the Revolutionary Soldiers, — his Widow is Equally Respectable, the Very poor and infirm — and from her age and bodily infirmity, will not be a tax long on the Government. If pension is granted,
I am Dear Sir Very Respectfully Your O bt S er v t .
J. M. H. H. H.

Abingdon Novr. 14th 1853
Hon Comr.
Dear Sir,
Enclosed is further proof in the Case of Mrs Jane Whitley - The Certificate of Marriage has Already been forwarded. It appears Impossibly at this late day to ascertain the Name of the Officers Who Commanded the Whitleys - all We Can Know, is that Mr Whitley Served in the War, and Was at the Surrender of Genl C. Wallis, and from the Character of the Soldier. Suppose it to be true. The Witnesses Who testify, are of Character and Standing in Society Indeed are the best When they reside having Much Weight Whenever Known.
I am Dear Sir Very Respectfully Your Obt ST
J. Stevens

Smyth County Virginia To wit: I Alexander Buchanan of the said County of Smyth do now in my ninety first year do make the following declaration that is to say I have known the late Robert Whitley or Whitty since the year 1796 or 7 and have lived in his neighbourhood since that time and during our acquaintance he in conversation avowed to know of me his (Whitley's) age, stating that he could not read or write that he was at the taking of Lord Cornwallis at York Town as a soldier of the Revolution stating what his age was at that time tho I do not now recollect what that age was but he looked to be old enough to have been there and from my knowledge of Robert Whitley as a man of truth and honesty I have no doubt but he was a real soldier of the Revolution & was at the taking of Cornwallis
Given under my hand & seal of August 1853 Alexander Buchanan
sworn to before me J. Smith of the peace of said County this 4 day August 1853
Chas C. Campbell J.P.
Virginia, Smyth County, to wit:
I James F. Pendleton Clerk of the County court of Smyth County do hereby certify that Charles C. Campbell whose name is signed to the above certificate was & is a Justice of the peace in the said Smyth County duly commissioned and qualified according to law and that the above signature to him is genuine. Given under my hand & seal of office at Marion in the county of Smyth on the 17 day of August 1853
James F. Pendleton Clerk Smyth County Court

Virginia, Smyth county, to wit:
I, John G. Cecil, presiding justice of the county court of Smyth county do hereby certify that James F. Pendleton is clerk of said court and that the above signature purporting to be his is genuine. Given under my hand this 17 th day of August 1853 —
J. G. Cecil P.J.

POWER OF ATTORNEY.
Know all Men by these Presents,
That I, Jane Whitely or Whitty Widow of Robert Whitty a resident of of the _____ County of Smythe and _____ State of Virginia, do hereby select, ordain, constitute and irrevocably appoint, with power of substitution, John Stevens Attorney at Law of Abingdon, My true and lawful Agent and Attorney, for Me and in My name, place, and stead; to examine into, enter, prosecute, file and defend; before the proper Department of Government, or other Tribunal; any claim, or suit, in My behalf, or in which I may be legally interested; by virtue of My claim for pension in right of My Husband Robert Whitty who died in the year 1838. and who served in the War of the Revolution attornately to its Close and Further empowering My said Agent and Attorney, or his substitute, to apply for, and receive, any Money, Bounty Land or Bounties, Pension-Claim or Claims, or other Dues, of any kind whatsoever, that may be found to be due Me for pension in right of My said Husband Robert Whitty a Soldier of the Revolution, claim in pension under the act of the 7th of 1832 June 1832
And further empowering My said Agent and Attorney, and authorizing him to receipt therefor, and give full and free acquittance thereof, in his name, as My Agent and Attorney in fact, but all for My benefit and behoof. Hereby ratifying and confirming whatsoever My said Agent and Attorney may lawfully do, or cause to be done, as in these premises specified; and, as though I was present personally, and acting for Myself. Binding My heirs, legal representatives and assigns to comply with, and fully carry out and complete any obligation, contract, or agreement, that is, or may be made between Myself and My said Agent or Attorney, his legal representatives, heirs or assigns.
Signed, Sealed, and Acknowledged in presence of Test Joseph Womenshaw Theodore G. Pearson } Witness.
In Virtue whereof, I do hereunto affix My Hand and Seal, this 18 th day of June 1853
Jane her Whitty mark *** * L. S. * ***

State of Virginia
County of Smyth
On this 18 th day of June One Thousand Eight Hundred and Fifty Three before me, Charles C. Campbell a Justice of the peace in and for said County and State, duly authorized by law to administer oaths, personally appeared Jane Whetely (Widow of Robert Whetely) the identical person whose name is attached to the annexed Power of Attorney, and being duly questioned, acknowledged the same to be her free act and deed, as specified.
In Testimony whereof, I have hereunto set my hand, and affixed my name, the day and year last above mentioned.
Charles C. Campbell J.P.
State of Virginia
County of Smyth
I, James F. Biddleton Clerk of the County Court, in and for the County and State aforesaid, do hereby certify, that Charles C. Campbell whose genuine signature appears to the foregoing affidavit, is, and was, at the time of signing the same, a Justice of the peace in and for the County and State aforesaid, duly commissioned and sworn; that all his official acts as such, are entitled to full faith and credit; and that the aforesaid County Court is a Court of Record having general jurisdiction.
Given under my hand and the Seal of my Office, at Marion this 21 st day of June A. D. 1853
J. F. Biddleton
Clerk.