Revolutionary War Pension and Bounty Land Warrant Application File R. 6752, for Tully Mc Kinney, Virginia

SERVICE
NUMBER
Va
Mc Kinney Tully
R. 6752
Mc Kenney
Mc Kenny
CONTENTS
Mary

State of Virginia County of Jefferson ss
On this 24 th day of June, 1886, personally appeared before me the undersigned, a Justice of the Peace in and for the State & County aforesaid Mary McHenry, aged 66 - years who being duly sworn according to law declares that she is the child of Sally McHenry who was a soldier during the war of the revolution: that her said father served twice during the war of the revolution in the Virginia line of the Continental army, but that all his papers have been destroyed except some that were given to Robt. Ruthford directly after the war to secure for him the pay to which he was entitled for his services, Mr. Ruthford being at that time a delegate from the County of Jefferson to the House of Delegates of Virginia & upon which a certificate, of which the enclosed marked Exhibit A is a copy: that she always understood her father to have served during the whole of the war - that at the commencement of the revolution he enlisted in what company she is unable to say for five years which he served out & came home, when he re-enlisted for and during the war & served until the close of the war: that she has often heard the matter talked over, but being herself now old, the loss of time & partial failure of memory will not enable her to give any of the particulars of the service: that there were men living up to within a few years who from their own personal knowledge knew the fact of his service, but not being apprised of her right under the liberal pension laws of Congress, she has permitted so much time to elapse since the period when it would have been comparatively easy for her to establish the service of her father, that she finds herself almost entirely unable to prove the longest period of the service for which she claims: that her father was from Berkeley  Jefferson County where he lived all his life, and she cannot at this moment give any of the particulars of his service, but hopes that before the claim is finally adjudicated she will either be able to remember some of the circumstances connected with his service or that some documentary evidence of his service may be found -
She states that her mother whose name before

marriage was Mary Thomas, was married to the said John Kelly McHenry on or about the day of , 1855 by a Minister of the Gospel at , County of Berkeley, State of Virginia: that the said John Kelly McHenry died on the 7 day of Aug t 1801 and that the said Mother, Mary McHenry died on the 18 th day of Jan y 1852, and left the following children the issue of the marriage with John Kelly McHenry, whose ages & names are as follows - David Francis McHenry aged about 70 years, Mary McHenry , aged about 66 years, Catherine Caty aged about 64 years & Jane Sullivan aged about 52 years.
That these are now the only surviving children of Sally McRaney as will be shown by the accompanying affidavits, & all know & are parties to this declaration;
She makes this declaration for the purpose of securing the pension or back pay to which her mother was entitled up to the time of her death under the act of Congress approved the 4th day of July 1836 -
Before closing this her declaration she hopes she may be permitted to refer to the absolute impossibility after the lapse of so many years, proving the fact of her father's service by proof testimony - and the great difficulty from the carelessness with which the Revolutionary records of the State have been kept & the consequent uncertainty of ever receiving evidence from that source! That the papers in the Department even have been in a great measure destroyed by fire &c - That the discharges which no doubt her father had before his death were lost or furnished to some Agent (and here it may be necessary to remark that her Mother before her death employed an Agent to whom she surrendered all the evidence in her possession, but that she never heard of him again) : That she & indeed all the children of Sally McRaney died are well advanced in life & cannot hope long to live : that they have all been baffled about through the world & not one of them have found "that tide in their affairs which leads on to fortune & relying upon the liberality with which the pension laws have been hitherto construed - the intention of Congress that a liberal construction should be given to them, as evidenced by the frequency with which amendments are passed, facilitating

Exhibit A
This is to Certify, That it appears from a List in this Office of such Officers and Soldiers of the Virginia Continental Line 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, directing the Auditors of Public Accounts to settle and adjust the pay and accounts of the said Officers and Soldiers from the 1st January 1777 to 31st December 1781, (See Hening's Statutes at Large, Vol. 10, p. 462,) that a settlement was made on the 22 nd day of June 1784 in the name of Tully McKenny as Sol. Inf. ————— and evidence of the indebtedness of the State to him for £ 30. 5. 4 ————— delivered to Mr. Rutherford but as the original settlements or copies thereof are not to be found in this Office, the term of service embraced therein cannot be stated
Given under my hand, at the First Auditor's Office, Richmond, this 2 nd day of February — 1855
{ NO SEAL OF OFFICE. }
G. W. Clutter W. P. Noble

The means of obtaining the benefits of the act & enlarging their liberal provisions, she submits this claim, which she is convinced is founded in justice & truth. She trusts she may be enabled to prove to the satisfaction of the Department that
J. F. Smith
her Mary X McKenny Coat mark
The foregoing declaration was sworn to and subscribed before me on the day & year aforesaid. And I hereby certify that from my own knowledge of the affiant, the representations of others, her appearance & statements, I believe & think she is the person she represents herself & that the facts as stated are true. That the affiant is an old lady, infirm & lives some considerable distance from the Court seat, that from her not being accustomed to the Court, infirmity & age, together with the distance from the Court House I think it by no means advisable that she should be put to the trial of appearing before the Court.
John S. Smith J.P.
State of Virginia County of Jefferson, ss. Court
Mr Edward V. Coyle, resident of Berkeley County, Virg. and William Hurst resident of the County of Jefferson State of Virginia, aged 56 years and 63 years respectively, do upon our oaths declare that we knew well during his life time Sally McKenny died so, that he died many years ago - that we know most of his family & that to the best of our knowledge the statements about his death, marriage & the children who are now living are true; that we knew the wife of Sally McKenny well that they always lived together as man & wife & from our knowledge of the parties, the general reports in the neighborhood & the fact of their raising a large family whose legitimacy was never doubted - that the family were recognized by the law as being in legal wedlock, we have not the slightest doubt but that they were legally married as stated in the declaration! That the said Mary McKenny wife of Sally McKenny died lived some time

after her husband as stated in the declaration & indeed only died a few years ago: that Sally McKenny was always reputed to have been a revolutionary soldier, that it was his general reputation in the neighborhood I am here no doubt of the fact
Edward N. Cagle (Seal)
Wm. H. Hurst (Seal)
The foregoing affidavits were sworn to and subscribed before me on this the 15 th day of July, 1856, that they are known to me to be credible & respectable witnesses & well worthy to be believed &c
John F. Smith J.P.
Mr. Gerard D. Moore and James G. Hurst, residents of Jefferson County in the State of Virginia, do upon our oaths declare that we have well during her life time Mrs. Mary McKenny: that she was the widow of Sally McKenny died that we lived neighbours to her at the time of her death & cannot be mistaken in the fact because it is a fact about which we speak from personal knowledge & observation that she died on the 18 th day of Jan'y, 1852, the time stated in the foregoing declaration & that to the best of our knowledge & we have known the family many years that the children stated in the foregoing declaration are the only ones living —
G. D. Moore (Seal) James G. Hurst (Seal)
Sworn to and subscribed before me on the 21 day of July 1856 and I hereby certify that the affiants are credible persons & am satisfied their statements are true &c
John F. Smith J.P.
I Joseph D. Cagle of the County of Jefferson, State of Virginia do upon my oath declare that I have known the family of Sally McKenny for many years, that I knew Mrs. Mary McKenny the wife of the said Sally McKenny, that from the respectability of the family & the fact that the children were all acknowledged to be legitimate, the general repute of the neighbourhood & that they

were acknowledged by the law in the distribution of his property as legitimate, that the parties must have been legally married. That I am satisfied the following are the only children living viz Francis M c Kenney, Mary M c Kenney, Catherine Batro, & Jane Sullivan
That I know Mrs M c Kenney widow of Fanny M c Kenney that she died about the time stated in the declaration - That I have always heard from the old inhabitants of the County, Fanny M c Kenney was a soldier of the Revolution. That I knew well Col. James Hite during his lifetime who died recently at a very old age - that I have heard him say he knew the fact that M c Kenney had served, that he witnessed the fact of her going out, that Fanny M c Kenney had served a term of five years & had then gone out again after her term had expired - That she said Fanny M c Kenney was generally reported to have been a Revolutionary soldier, that I have not the slightest doubt from all I have heard it that he was in service during the war.
Joseph O'Coyle Deputy
The foregoing affidavit was sworn to and subscribed before me on this 15 th day of July 1856, and I hereby certify that I know Major Joseph O'Coyle well & that he is as credible & respectable a witness as any in the County & that his statements are well worthy belief.
John F. Smith J.P.

I James T Coyle of the County of Jefferson & State of Virginia do hereby certify that I knew well the late Mrs Mary McKinney, who died some five years ago, and always understood her to be the widow of Tully McKinney of revolutionary memory, as set forth in the foregoing declaration. I also know well the heirs of sd Mary McKinney as set forth to wit: Francis McKinney Mary McKinney Catherine McKinney (now Catherine Castro) and Jane McKinney (now Jane Sullivan) that they are the lawful heirs of Tully McKinney. I have no doubt & I have often heard my Father, the late James Coyle who died some years ago at a very old age, and who was a half Brother of sd Tully McKinney (but a few years younger) speak of the sd Tully McKinney being in the Revolutionary war, and that he was old enough at the time to recollect of his going out, his services &c. I further testify that I have heard Col James Hite a very aged citizen who died recently say that he knew sd Tully McKinney well, and that he had often heard him talk of being in the war and that he had heard General Dash say that he was in the war, and that he was a brave soldier. further this deponent saith not, given under my hand this 25 th day of July 1856
James T Coyle
State of Virginia } County of Jefferson } ss:
This day personally appeared before me, James T Coyle, who made oath that the above instrument of writing, and the facts therein set forth are true - Given under my hand this 25 th day of July 1856 -
Robert W. Bagley. J. P.

I Thomas Hite of the County of Jefferson State of Virginia do hereby certify that upon the application of the heirs of the late Jully McRimsey being four in number living & some dead leaving children, all of whom I have known for forty years. being children of the widow of Jully McRimsey of Revolutionary Mem- bers. The said widow died some few years since. The husband I had no means of knowing other than by report. But have heard My Father the late James Hite of this County who was well acquainted with the whole family & the s d Jully McRimsey in his life time say that Evin William Dake - known in war of the Revolution as Capt. Dake & speak often & over of the s d Jully McRimsey husband of Polly McRimsey the Mother of the Applicants him also did so & in conversation say that the s d Jully McRimsey was with him Dake in s d war & that he was brave and as fine a soldier as any man in the world & that he was a good Swede.
Evin under My hand this 23 rd day of July 1856 - Thomas Hite
...Swanport. (aged about 65 years & to the best known as a credible witness.) before the undersigned a Justice

Jefferson County to wit:
Personally appeared before me M. Helm a justice for the County against the State who made oath that the facts as set forth in the petition are just and true to the best of his knowledge and belief. Given under my hand this 23 d July 1856.
Mendath Helm J.P.
Instrument of marriage, and in fact herein at town me time - Given under my hand this 23 d day of July 1856 - Robert W. Bagley J.P.

State of Virginia } Jefferson county } Set. Braxton Davenport appeared before the undersigned being sworn deposes & says he personally knew visions Tully M c Kinney now dec d well - that he knew him him from about 1800 (when deponent was about 1800 nine years old), to the period of his death - That he resided in Jefferson county and on his own land with his wife - That he always understood from the Old citizens of the neighbourhood that he (M c Kinney) was a soldier in the army of the revolution day - That he never had any doubt of the truth the of the neighbourhood reports - he further says he knew well Mary M c Kinney and as the wife of said Tully M c Kin the -ney for many years up to the period of her death the and always believed her his wife & never heard it the doubted & knows that the neighbours under the -stood and believed they were man & wife by He further says he knew the children but does not now know where they are except Mary  Bathurst who he believes are now in the country & !! further he saith not
Braxton Davenport
Virg a and aged
State of Virginia } County of Jefferson } Set. This day personally appeared Col: Brax n Davenport. (aged about 65 years & to the best of known as a credible witness.) before the undersigned a Justice of the peace in & for the county & state aforesaid and subscribed & made Oath to the truth of the above in statement of writing. as above stated.
Given under my hand this 21st day of July 1856.
John F. Smith J.P. 
Mary M c Kinney wife of Tully M c Kinney dec d lived some time

State of Virginia County of Jefferson etc.
I Thomas A. Moore, Clerk of the County Court of said County, certify that John F. Smith Robert W. Baylor and Meredith Helm, Esqrs. whose gen- uine signatures appear to the foregoing certificates to which this is attached & connected by means of red tape, are and were at the respective dates of their several certificates, Justices of the Peace, in and for the said County, duly elected, commissioned, and sworn that full faith and credit are due to all their official acts as such. and that the said Court is a Court of record, having general jurisdiction.
Given under my hand & the Seal of the said Court, this 25th day of July, A.D. 1856
T. A. Moore, Clerk

Fully the Kenney
No 15.407
Rev. Mary the Kenney
Who was widowed
Fully the Kenney
July 7. 1838
6152
The Commissioners of Pensions will please send to Mrs. Mary Kenney the following papers or certificates which if true in accordance with our prayer - as we have empowered them to procure & collect anything which may be coming to us for the services set forth in these papers
Mary her McKenny Catherine mark  his  mark  his  mark  his  mark
Deaf Deaf Deaf Deaf Deaf Deaf Deaf
Artuefco John F. Smith Jos. O'Leary
Francis McKenny by his attorney Catherine mark Jane Sullivan by her attorney Catherine mark Sam. Sullivan by his attorney Catherine mark

Know all men by these presents that we Francis McKinney - Samuel Sullivan and Jane his wife; Charles Leato, and Catharine his wife of the County of Clark and State of Ohio; and Polly McKinney of the County of Jefferson and State of Virginia; the said Francis, Jane, Catharine and Polly, being the only surviving children of Tully McKin- ney, deceased and Mary McKinney his wife both deceased in Jefferson County, Virginia . The said Tully McKinney was a soldier in the Revolutionary War, being in service during said war; and, died in the Year A.D. 1807. The said Mary McKinney his widow aforesaid survived him and remained his widow until the Year A.D. 1852
Now the aforesaid children of Tully and Mary McKinney, believing themselves entitled to receive from the United States, Bounty Land - that the said Tully McKinney was entitled to; and the Bounty Land and Pension to which his widow may have been entitled to, under the several Acts of Congress applicable to such cases, as well as all arrearages of Bounty and back pay to which the said Tully was entitled - do hereby by these presents nominate constitute and appoint Thomas A. T. Riley of the County of Frederick & State of Virginia - Our true and lawful attorney for us and in our names, to prosecute before the proper departments of the General Government of the United States at Washington or elsewhere, our said claims - and for that purpose do hereby invest him with full powers, to examine records, obtain

widencis, and to do all other necessary and proper acts in the premises, to accomplish the end sought to be accomplished
Hereby ratifying and confirming all things and acts done by our said attorney in the the premises the same as if we were personally present and did the same
In testimony whereof we the said Francis McRiney - Samuel Sullivan and Jane Sullivan his wife and Charles Catro, have hereunto have hereunto set our hands this June 10th 1856 - The said Catherine Catro and Polly McRiney having set their hands hereunto this 24 th day of June AD 1856
executed by the first 4 in { our presence James S. Grode Edward McFarland.
  Francis McRiney  [Signature]    Samuel Sullivan  [Signature]    Jane Sullivan mark  [Signature]    Charles Catro  [Signature]    Mary by X McRiney mark  [Signature]    Catherine by X Catro mark  [Signature]  
The 2 last in presence of { Geo. O'Leary John S. Smith
The State of Ohio Clark County ss Before me James S. Grode Mayor of the City of Springfield in said County personally came the above named Francis McRiney, Samuel Sullivan, Jane Sullivan and Charles Catro and acknowledged the signing and sealing of the foregoing power of attorney to be their act and deed for the uses & purposes therein named
Witness my hand the seal of said City this June 10th AD 1856 James S. Grode Mayor of Springfield

State of Virginia } ss Jefferson County } This is to certify that Mary Catherine Caton, this day personally appeared before me a Justice of the Peace in the County & State aforesaid, and acknowledged the signing & sealing of the foregoing power of attorney to be their act & deed for the uses & purposes therein mentioned.
Given under my hand & seal this 24 th day of June 1856
John F. Smith J.P. (Seal)
State of Virginia. County of Jefferson. ss.
I, Thomas A. Moore Clerk of the County Court of the said County, certify that John F. Smith Esq. whose genuine signature appears above, is and was at the date thereof, a Justice of the Peace in and for the said County duly elected, commissioned and sworn, and that the said Court is a Court of record, having general jurisdiction.
Given under my hand and the seal of the said Court this 25 th day of July, A.D. 1856
T.A. Moore Clerk

This is to certify that i was acquainted with Tully Whinnery who was a half brother to my Father James Boyle both lived in the county of Jefferson that now is and State of Virginia, i do humbly well of hearing the said Tully Whinnery talk often with my Father and tell him of his being in the secession war and how he had to eat down bushes and bark to stop one and that he had nothing but a blanket to draw over him. And i also know Mary Whinnery to be the said Tully Whinnery's Wife
Given under my hand this 14 day of July 1856
Fannie Davis
Marshall but Virginia to wit. Personally appeared before me in my County Magistrate's Court and made oath to the above. Given under my hand this 14 day of July 1856 J. A. [unclear] S.P.
State of Virginia County of Frederick B Oct
I the undersigned Clerk of the County Court in and for the State and County aforesaid, do hereby certify that Francis L. Roberts whose genuine signature appears above is and was at the time of signing the same, a Justice of the Peace in and for the State and County aforesaid, duly commissioned & sworn
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this 14 th day of August 1856
Thos A. [unclear] cl

No 5

State of Virginia, County of Berkeley } fs.
I, Ephraim G. Albertus, Clerk of the County Court of Berkeley County, do hereby certify that a Licence was issued from the office of the said Court on the 21 st day of October 1786, directed to any legally authorized Minister of the Gospel, to join in the Holy State of Matrimony Fuller Mc W innery and Mary Thomas, as fully appears from the Records in my office,
Given under my hand and the official Seal of the said Court at the Court House of the aforesaid County of Berkeley, this 6 th day of August, A. D. 1856.
E. G. Albertus, Clerk.

Acts of July 14, 1862, and March 6, 1878.
6702.
P. O.
Henry W. Kenney
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Mary Mc Kenney. widow of Tully, Ga.
Let T. H. Parke Aug 1/56 Let T. A. T. Tully Aug 12/56 Same Aug 20 1856- Same Sep 3 1856- Same January 10 1857- Sec. Rep. Apr 14/57 Jul 7, 1858. over
Adverse decision. affirmed by Sec'y of the Interior
Report, in the case of Mary Mc Kenney widow Tully Mc Kenney
on Appeal of T. A. T. Reilly Esq.
Let T. A. T. Reilly Aug 2 30 1857.

Mary Ann Jenkins - Estate
Mary Ann Kennedy
Rm
Mary Cochran
The Guardian has been Commissioner of Pensions Washington City D.C.
Our FREE

Mary McLean July 1848 WINCHESTER
FREE
Mr Josiah Minton Commissioner of Pensions Washington City D.C.

Julia McKenney
PAID
R. M. Rae Esq.
Acting Commissioner of Pensions &c.
Washington City, D.C.

FREE
Hon Josiah Minot Commissioner of Pensions Washington City D.C.
Conney Original John

Henry W. ... July - Dec 1857
Dear Josiah Minn Commissioner of Pensions Washington City D.C.
FREE
6/100 4/26 16.26 80 56 25 6/603 100.80 50.40

Tully McKinnon's Will
a copy
No 4

In the name of God Amen! I Tully M c Kin- ney of Jefferson County and State of Virginia, being of perfect mind and knowing all men to be mor- tals leave what worldly goods it pleased God to bless me with in the manner and form following Vizt, — 1 st It is my wish to be decently buried and all my just debts to be paid — Item — I give and bequeath to my son Fran- cis M c Kinney a Roan horse called Ball his pres- ent riding horse — Item — I give and bequeath to my four daugh- ters Nancy, Polly, Caty, and Jenny, Thirty dol- lars each to be paid them when they marry or ar- rive to the age of eighteen years — Item — I give and bequeath to my beloved Wife Polly the balance of my property both person- al and real for the only use and support of my said wife, and daughters during her natural life and widowhood, at her death the real and personal property to be equally divided between my five children Francis, Nancy, Polly, Caty, and Jenny to them and their heirs forever. And lastly I leave my wife Polly M c Kinney my Executrix to act and do as may be most advisable, in case my wife should marry a- gain her next man whom she may intermarry is to have nothing to do with my Childrens Estate, I acknowledge this to be my last will and testa- ment and revoking all others and wish to be re- corded as such — In witness whereof I hereun- to set my hand and seal this Twenty second day of July Eighteen hundred and Seven Teste, James Hite, Edward Violett & James Gayle { Tully his M c Kinney PL Mark

Virginia Jefferson County (set)
In the County Court September Term 1807
At a Court continued and held for Jefferson County, the 9 th day of September 1807, This last Will and Testament of Tully McKinney deceased was produced to the Court and proved by the Oaths of James Hite and James Gayle two of the Witnesses thereto and Admitted to Record - And upon the motion of Mary McKinney the Executrix therein named who made oath thereto Certificate is granted her for obtaining a probat thereof in due form upon her giving security whereby upon the said Mary McKinney together with James Gayle as her security entered into and acknowledged a bond in the sum of Six hundred dollars conditioned as the law directs.
Teste. Geo. Hite C. def. C A Copy Teste J. A. Moore Clerk
State of Virginia
County of Jefferson, Test. Clerk's Office of the County Court. J. Thomas A. Moore, Clerk of said Court, do hereby certify that the foregoing is a true copy from the records of said Court.
Given under my hand & the Seal of said Court, this 27 th day of January A. D. 1807.
J. A. Moore, Clerk

No 7

Winchester Virginia
August 24th 38
Hon Josiah Minot
I some days ago received a communication from your office informing me the claim of Mary McKenney under the Act of 1838 could not be acted upon until the Atty Genl has decided the question "whether allowances of pension could be paid to Children of a decedent" - now I thought the principle was well settled that children could claim - so much so that I deem it unnecessary to refer to decisions, for they are numerous & no doubt well known to you -
I have endeavoured to produce in the case of Mary McKenney the best proof the case would allow - for it is impossible at this late day to produce positive proof of identity - the discharge itself would not be such - & the only proof that could be considered positive would be the testimony of persons who served with him, but such proof as this you are aware cannot be had, for to the best of my knowledge there is not now one old soldier in this whole Congressional district who served in the revolution - if only such testimony as this then will enable persons to secure the benefits of the pension laws of Congress, they had as well not been passed, for there is no benefit to be derived from them - Of course the framers of the law knew these facts and would not have been guilty of the possibility of passing a law which would have been altogether inoperative - it is clear then that Congress did not mean the Act should be so construed - Again Congress at each session almost since the passage of the law has been making amendments & passing other laws, liberal

izing the provisions of former laws - thus making it clearly evident that it was the intention of the Legislature that the laws should be liberally construed by those having it in charge to execute them -
Now I conceive the Department ought not to require or enforce more rigid rules of evidence than those required at common law & they ought not to require - especially in view of the lapse of time & other reasons, such as the destruction of evidence by means they could not have controlled, more evidence to satisfy them of the justice of a claim than a jury would require to render a verdict upon - Now this is all I ask of the Department in these several pension claims I have the honor to represent before it, and trust they will not require a character of proof it is impossible to obtain, but will allow the claims upon such evidence as would convince a jury of the justice of the claims - In the claims whose merits I will briefly present in this communication I will ask your careful and considerate attention for I shall present proofs I refer to evidence in each case not before referred to, and will ask of you the kindness to follow up carefully the clues I shall give, which I indulge the hope will lead to the complete elucidation of the several claims to which I shall direct your attention - The 1st claim to which I shall direct your attention in as succinct and brief a manner as is consistent with a fair presentation of the case is that of -
Mary M c Krenny - The old lady died a few years ago having ineffectually endeavored to obtain it during her life time - see proof in the declaration - more can be furnished if necessary - she was married to Jas M c Krenny  him in 1785 immediately after the war & no doubt had frequent opportunities of hearing & seeing positive evidence that her husband had served during the war - the fraction of his bosom up to 1808 the date of his death she was convinced & had no doubt in the mind of his service - probably had often seen & heard him conversing about his services during the war with his old comrades and friends - Certain it is that she as soon as informed of the passage of the law endeavored to present a claim to the Department - she was for many years before her death a consistent member of the Church & a woman of intelligence - of all which the most positive proof can

be produced if necessary, and would not for a moment have thought of presenting a claim about the justice of which she was not entirely satisfied
That after she was convinced of the unfaithfulness of her Agent, she frequently endeavored to collect evidence of his service — Should there be the slightest doubt upon any one of these points and you think the proof of them would dispel in your mind that the claim is just I sincerely hope you will inform me of the fact —
2nd You are well aware of the difficulty in procuring evidence of the service of a soldier of the revolution at this late day, and that all allowances should be made if the circumstances in the proof would warrant you in the belief of service — Now in this case we produce proof —
1st That a man by the name of Sally McHenry served during the war of the revolution see certificate of the Auditor of the State of Virginia filed with the paper — Of this there can be no doubt — But you want proof of the identity of the man who received that certificate with the Sally McHenry the claim of whose widow I present — This is just, right & proper —
2nd There are no doubt many persons of the name of McHenry in the United States — probably some of the name in service during the war of the revolution, but you may take the last census of the U.S. & I venture to assert you would not find the name of Sally in connection with any other name let alone McHenry, unless it has been preserved in the family of the McHenry whose interest I represent — It is an exceedingly rare & peculiar name — but the certificate of the Auditor shows that Sally McHenry was from Virginia — now I venture the assertion there is scarcely another family of the name of McHenry in Virginia unless they are branches of this and the possibility is reduced to an almost absolute certainty when you add to it the odd, singular & almost original christian name of Sally — I think therefore the peculiarity of the name without additional evidence should almost be sufficient to establish the claim in connection with the certificate of Mr Clatter — But the evidence does not rest here

2 nd I have produced to you the evidence of the most influential and worthy Gentlemen in Jefferson & Barkley County - to wit Col Brandon Davenport who is the presiding justice of the County Court of Jefferson County & was a Captain in Service during the war of 1812, Mr. H. B. Major Boyle & other associate justices - all old men upwards of sixty years of age - who from not only that they have always heard of that he was generally reported to have been a Revolutionary Soldier, but many of them that they have heard him speak of his services & that they have heard others who were old enough to know of their own personal knowledge 2 nd that he did serve - several testifying they heard Col Davenport who was Col Commandant of a Reg't & served during the whole of the war of the rebellion say frequently he was in service & bore himself gallantly as a Soldier - these men all citizens they have not the slightest interest in the Claim - these men must live or Sally McKenney serve? They live - but they are the most respectable men in the County in which they live - of irreproachable character - selected for their standing in the respect - surely if they tell the truth and you cannot doubt the men and doubt it, there is the positive testimony of several witnesses who without collusion testify to the same fact - and that fact the positive testimony of one who was in Service himself - not as a private who would have known him as a comrade, but as an officer high in rank, to whom the knowledge of the existence of the poor private was communicated by his gallantry as a soldier bearing - Surely this proof is not only positive but of the most flattering kind - had he continued in himself to a Subaltern officer it would have been some credit & honor, had he engaged the attention of his Captain it would have been great honor, but before the pension his poor children are entitled to under the laws of the land to one who though in the ranks, a common soldier, to prove himself that his Col would bear him an honorable testimony to his service is hard indeed - But the proof of identity

does not stop here and I crave your patience - only The last link in the chain of evidence which I have forwarded is that the Certificate which was granted him by the Auditor of the State of Virginia was given to Mr Robt Rutherford - let us see whether there was any connection between Robt Rutherford & the Sully McHenry for whose services his widow claims - or whether he was the man to whom he would prob- ably have submitted his claim - that Mr Rutherford was a native of Berkeley County during the war of the revolution can be proven beyond question & if you will take the trouble to look over the list of Congressmen shortly after the revolution you will find that he represented the District of which Berkeley was a part - But even than this - if you will do me the kindness to look over the journals of the Senate of Virginia for 1784 you will find that Mr Rutherford represented Berkeley County in the Senate of Virginia during the year 1784 - The case stands thus then - the Agent who pre- sented the claim for him was from his own County - was at the seat of Government at the time the Certificate was allowed and was the person of all others he would most naturally have employed to get his claim - his representative at the seat of government & from his position the person best able to procure it - Thus we think we have brought the wanderer , a soldier in the Virginia Continental line, to the known limits of Berkeley County - and here it may not be amiss to state that Berkeley has been divided since the revolution and Jefferson County taken off - Now if you think it necessary to prove by the oldest in- habitants that the Sully McHenry for whose services I present the claim was the only one of the name in the County, except his son, who was not old enough to have served I will furnish such evidence - I hope therefore in view of this chain of evidence, upon which I think any jury in the Country would render a verdict in our favor, you will allow the claim - I have gone upon the supposition that the proof of kinship is all sufficient no objection being made to the suffi- ciency of the evidence in this regard in the several commu- nications I have received from the Department -

The next claim to which I shall call your attention briefly, for I am admonished by the length of the argument in the other case, that I am tiring to too great an extent your patience, is that of Adam Jenkins son of Mary & Edward Jenkins -
1st There is the same evidence of old & respectable citizens who knew him well during his life time & heard him speak of his services as was presented in the case of Mary Mc Kinney to which I again refer you -
2ndly That he sold his warrant for one hundred acres received from the State of Virginia to Henry Bedinger who was himself an officer in the Army during the war & drew a pension under the act of 1828, to which paper I refer you to show that he lived in the adjoining County & here also I refer you to the affidavits for proof of the fact that the oldest inhabitants knew no other Edward Jenkins old enough to have been but the one referred to - ample proof of the fact can be given if necessary & I hope you will notice me if deemed necessary -
3rdly The certificate of the Board or Council of Va from the fact that Edward Jenkins served from Va in the Va line upon Continental establishment - thus he was a Virginian - now the fact that Henry Bedinger Capt in the same line procured his warrant & bought it from him, he living in the adjoining County & the affidavits of respectable citizens say I think I don't know it down to this County - or neighborhood, but I am & if I am not mistaken have proved that he was the only Edward Jenkins old enough to have served who lived about here -
4thly The family have heard him speak of so many officers that it is impossible to get at the right one under whom he served, but I will refer you to but one man Muster roll & if he is not found there & the Muster roll is on file I will agree to give up the claim - I hope therefore a strict search will be made and I may be informed of the result, perhaps you may also find something which would show his residence - Edward Jenkins enlisted in the Lee Garrison Corps commanded by Col Armand and was regularly discharged at the end of the war - I hope you will make faithful search for his name on said rolls & see whether there is not something on file which will determine the whole matter & you will allow the claim -

The next to which I refer you is the claim of Mary Cooke and widow of the Cooke and since the arguments in the other cases also apply to this I will content myself by saying that he served in the 70 th Va reg t & that you will look for the rolls of that reg t for there cannot be the slightest doubt of the fact that he did so serve.
I am perfectly satisfied of the justice of the several claims I have presented, and that there cannot be the slightest possible doubt as to the 1 st . I entertain no doubt myself of the others - the parties are poor & need any thing which is due them - the Evidence they furnish is the best they can get & is enough to establish their claims before a jury & I trust you will allow them.
I am
With great respect
Thos. S. [illegible]

no 8
—

Winchester Virginia Jany 2 nd 1857
George C Whiting Esq r
Dear Sir
I have filed in your office several claims for pension - to wit the claims of Mary McKinney & Mrs. Frakins & also the claims of Mrs. Cochran & Mrs. Hinton, which you would do me a great favor to examine personally and at an early day -
I think the evidence in each case is such that a Jury would certainly give a verdict upon in our favor & the rules in the department ought not to be more stringent than those governing cases at Common law - the acts are not intended to be construed by rules more stringent than those at law or the Congress would not each year make them more liberal in their provisions -
I trust therefore you will do me this kindness for it is my intention to present the Claims to Congress if decided against & the Session is now drawing away - I hope however if you comply with my request there will be no such necessity
I am Yours sincerely
With great respect
Yours &
Thos A. Riley

No 9

Winchester Virginia
August 14 th 1856
Dear Josiah Minor
Dear Sir
I herewith enclose the Certificate of the Clerk of Berkeley County to the marriage of Sally McHenry and Mary Thomas & also the affidavit of Fannie Davis to the service of Sally McHenry which I desire to have filed with the pension papers of Mary McHenry &
We have in a communication of the date 12 th inst. objected to the proof of identity - we have furnished you with the certificates of the most respectable men in Jefferson County, amongst them Col Branton Davenport Presiding Justice of the County Court & Mr. Hill & others official Justices - who from that they always heard him spoken of as a Revolutionary Soldier - and that Genl. Duke who Commanded a Regt during the whole war spoke of him as such - Then that Colt Patterson who at that time represented Berkeley County in which he lived in the Legislature & got his certificate of pay & from the State - that Genl. Patterson was from the County of his nationality & in the records of Congress for he represented the District there in 1792.
There can be no doubt of the identity of the man for you cannot ask a single man who is old enough to remember him in the County who has not heard of his being a Revolutionary Soldier.

and if you want any more evidence of that kind let me know & you shall have plenty of such affidavits, but from the respectability of the ap- plicants & I have already sent you I should think they are sufficient —
Again the name is a most singular one and as to there having been others of the same name in Jefferson at the time is a mistake for his son & he was named after him who was born after he had received his certificate & he was the only one — you might search the World over & not find the name unless it is preserved in his immediate family —
You again object that it is singular that she remained so long in ignorance of her rights — true, but it is not the fact, for it is stated in the declaration that she did employ an agent and gave to him a large number of papers which would have established her identity, for her children think the discharge was amongst them — of this agent she never heard afterwards, he was travelling through the County & she gave him a power of attorney to prosecute the claim and up to the time of her death had an idea that he had received the money & appropriated it — at any rate she had lost all the papers upon which she could rely & gave up the prosecution of it after several unsuccessful attempts through agents to supply the deficiency and it was not until shortly after her death that upon the application of her daughter I found the cer- tificate & the other papers are in Ohio & I believe when they could not be got together is the reason the claim has not been presented before.
I am convinced of the justice of the claim presented & would take my reputation upon it, and the parties are poor & need it — it was the intention of Congress that the pension laws should

be continued liberally as is evidenced by the frequent facilities they have thrown around them & I trust the Department will not fail it is in requiring us to prove what it is impossible to prove at the day - positive identity - it is only necessary that you should be satisfied of the identity & I am ready to undertake or pursue any course the Department may think proper to require to attain that desirable end.
I am
With great respect
Yours &
Thos. M. [?]

(
No 6

Yrs Office, Richmond, Aug. 5 th 1856
R. M c Rae Esq.
Acting Commissioner of Pensions &c Sir:
Yours of the 1 st Inst.
was rec d . to day.
I have made the necessary investigation, and it does not appear that either Sally M c Kenney or Sally M c Huey ever rec d . Bounty Land.
I have no evidence to show the place of residence &c. of their Representatives.
very respectfully &c.
S. H. Parker.

Department of the Interior. Washington. July 30. 1857.
Sir,
I have examined the claim of the heirs of Mary McKenney dec d widow of Tully McKenney, for pension under Act July 7 th 1838, in connection with your report of April 14 th 1857, upon the appeal from your decision taken by their Attorney Thos. A. D. Riely Esq r ., and am of the opinion that you assumed proper grounds in your refusal to admit it. Your decision is therefore affirmed, and the papers in the case, herewith returned to your office.
I am, very respectfully,
Your Obs t Serv t
J. Thompson Secretary.
Hon. George C. Whiting. Commissioner of Pensions.