Revolutionary War Pension and Bounty Land Warrant Application File R. 5838, for Benjamin Kelly, North Carolina

SERVICE
NUMBER
N. 6.
Kelly, Benjamin
R. 5838
CONTENTS
1 2

Yet to Hon T. S. Clingman Sept 30/50
38048 Benjamin Kelly's Case
[Faint, mirrored bleed-through text from the reverse side of the page]
151 50

State of North Carolina Buncombe County 3 rd (184)
On this the 23 rd day of August AD 1830 person- ally appeared before me the undersigned one of the acting Justices of the Court of Record in the county and State as above mentioned, Benj- amin Kelly, a resident on Hominy in the County of Buncombe in the State of North Carolina, aged eight yrs, who being first duly sworn according to Law doth on his oath makes the following declaration in order to obtain the benefit of the act of Congress passed June the 7 th 1832:
That he entered the service of the United States under the following named officers, and served as herein stated: That he entered the service of said as a private under one Captain Parrish, belonging to Colonel Farmer's Regiment of North Carolina Militia who was called out by order of the Government for the period of three months, in the fall of the year one thousand seven hundred and seventy nine, (he thinks this is the year, though he cannot say positively) That he was in Granville County, and State of North Carolina when he first entered said service, and was march- ed from that county through Orange Co, and Han- dolph in said State, and along on the Atlantic Coast, and hearing of Cornwallis approaching their course was then directed back north- ward long after their period of service ex- pired, and received a discharge, which has been for many years lost. He says as he can not recollect the month when he entered, for that reason he cannot mention when he left the same, but that it was three months

from the time he entered said service.
He further says that this Regiment of Militia in which he served was drafted for the period of service as above stated. He says that they were under General Davison until he was killed by a body of British Dragoons, and after that occurred, they were a part of the time under General Rutledge, and part under General Green, and he further says that he was acquainted with one Colonel Harris from (he thinks) Camell County, and that Col. Farmers Regiment was discharged, but a little while before General Green fought the battle of Guilford Court House.
The applicant says that he remained at home after this discharge, he thinks about twelve or eighteen months, when there came on other draft, and he was drafted for the period of three months as before. That the men who were drafted in Greenville Co. marched in small companies into Orange County where they were placed under the command of one Capt. Parrish — whose company belonged to the Col. Taylor's Regiment of North Carolina Militia, he further says that they were during this period of service engaged in no battle, but was the most of his time for this period, at Burton's in Rock County, and some times out of the party who came into the neighborhood stealing and robbing. He further says that he was acquainted, or became acquainted with Col. Washington of the Light Horse, and Maj. O'Neal, besides several other officers of lower ranks. He further says that he was drafted in

the spring of the year, and that it was in the spring before Cornwallis surrendered at Little York in the fall. What year this was in, he says he will not swear, as his memory does not at this time serve him. He further says that when the three months was out for which the Regiment was drafted; that Col Gaykin discharged said Regiment verbally, and that none of the soldiers who under the said Colonel during this period received a written discharge, but were all dismissed as above mentioned. He further says that during the period of service, he knew of one Capt Greenwood but does not know who commanded him as he was Capt of a Dragoon Company, and he thinks belonged to the State Troops, he further says that he knew one Adjutant Little who he thinks commanded the Troops of two or three counties. He says that these two periods of service made when put together fully six months, and that was all he served in Revolutionary War; and that he has no documentary evidence in support of his claim, nor does he know of any one now living who can testify to his service, as his brother who served with him is now dead, and all others so far as he knows.
He hereby relinquishes any claim whatever to a pension or annuity, except the present and declares that his name is not on the pension roll of the agency of any state. (The following interrogatories were asked the applicant and answered as the law directs) 1. Where and in what year were you born? 2. I was born in the year A.D. seventeen hundred

-nd and sixty one, and in King and Queen County in Virginia.
2nd Do you have any record of your age and if so where is it?
A. There is a record of my age in the Parish Church in King & Queen County, Va
3rd When were you living when called into service, when have you lived since the Revolutionary war, and where do you know live
A. He has living in Franklin Co, Mea, & has lived in Wilmington Co Va, and was in Co Mea, and is now living in Brunswick Co Va
4th When were you called into service?
A. He says that he was drafted in both services, and for three months
(He has made a full statement of the remainder of the questions in his declaration)
The following gentlemen are acquainted with the said Benjamin Kelly Alexander McFadden, Enoch Morgan, George Canfield, Russell Jones, In Asheville, James W. Patten James McQuith, Woodfin and Woodfin Esqrs, and also that David L Swain former Governor of N.Ca is acquainted with him
Benjamin his Kelly Shown to and subscribed before me, on the day and year above written
Wm Morgan H.N.
Mr E. R. Ventress clergyman residing in Brunswick County and Henry Miller residing in the same, do hereby certify that he are well acquainted with Benjamin Kelly also

has subscribed and sworn to the above declaration; that we believe him to be eighty nine years of age; that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
E. K. Hutsell clergyman
Henry Miller
Sworn to and subscribed on the day and year above written.
Not Wm. Mays B.R.
State of North Carolina, I William Morgan one of the acting Justices of the Court of Record for said county, do hereby declare my opinion of the matter after putting the interrogatories, prescribed by the War Department, and a full investigation being had on the whole, that the above named applicant was a Revolutionary soldier and served as he states. I further certify that it appears to me that E. K. Hutsell who has signed the preceding certificate is a clergyman, resident in Buncombe County, and that Henry Miller is a credible person; and that their statement is entitled to credit. I do further certify that the applicant in this case is from bodily infirmity incapable of attending the Courts of record in this county which is thirteen miles distance. In testimony of which I have hereunto set my hand and seal, this the 23 rd day of August A.D. 1850
Wm. Morgan E. K. Hutsell

State of N. Carolina } County Court Office the 28 th Rutherford County } August A. D. 1850.
I, Robert B. Vance, Clerk of the Court of Pleas & Quarter Sessions, (a Court of Record,) for said County & State, Certify that William Morgan & John Reynolds Esqrs, whose proper signatures appear to the foregoing, are Justices of our said Court, duly Commissioned and qualified according to law.
In testimony whereof, I have hereunto set my hand & affixed the Seal of our said Court, at Office in the Town of Asheville, day and date above. (R. B. Vance Clk.)

Acts of July 14, 1862, and March 3, 1873.
REJECTED
58383 P. O. Benjamin Kelly Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

38.048.
Benjamin Kelly's loan
North Carolina
5838
Let. Rev. J. L. Ferguson Sept 30/50 Lt. J. B. Sainz Oct 29/53.
Act 7 June, 1852.

Know all men by these presents, That I Benjamin Kelly of Brecon county and state of Maine, have made, and by these Presents do make, constitute and appoint Clement W. Bennett of the city of Washington and District of Columbia, Attorney and Law agent for claimants, my Attorney, both in law and in fact, for me and in my behalf & in my name, or in his own, or otherwise at his discretion, to ask apply for, obtain, recover and receive from the Secretary of War, the Commissioner of Pensions, the Pay Master General and from any office or department of the United States Government, or any officer or person connected therewith, all sums of money, arrears of pay, extra pay, bounty, lands, pensions, claims, allowances or property of any kind, that may be due, or become due to me, for or on account of my military services or otherwise, or for supplies furnished by me, to, for or on account of any officer, agent or other person in the employ or service of the United States, for which I have now or may hereafter have any claim under or by virtue of any enactment of the Congress of the United States, or in any war whatever; and I hereby authorize my said Attorney, to take all lawful means for the recovery of the aforesaid or any part thereof; to attend to the final adjustment of all business now pending before either of the officers or offices above mentioned in which I am interested; to give all necessary discharges; to make compromises if he deem it expedient, and to do all other acts in the

promises, that I myself could do were I personally present, and attorney under power to appoint for the above purposes, and again at his pleasure to revoke: hereby revoking all like powers heretofore executed by me and also hereby granting to my said attorney Clement H. Bennett all my power and authority in the premises, firmly and irrevocably and ratifying whatsoever he or his deputies shall do lawfully by virtue hereof.
Witness my hand and seal this the 24th day of August AD 1830
Benjamin his Kelly Seal
Signed seven and
executed in presence of
Rafus H. Lewis
James his Wallace
} } }
Two witnesses
State of North Carolina,
Beaufort County } ss.
On this the 24th August AD 1830, personally appeared before me the above named Benjamin Kelly, to me known, and acknowledged the foregoing Power of Attorney to be his own act and deed for the purposes there in mentioned.
Wm Morgan Clerk.

State of North Carolina County Court Office The Punlocks County. 28 th August A.D. 1850 I, Robert B. Vance, Clerk of the Court of Pleas & Quarter Sessions, (a Court of Record), for said County & State, certify that William Morgan Eyre, whose proper signature appears to the foregoing, is a Justice of the said Court, duly Commissioned and qualified according to law.
In Testimony whereof, I have hereunto set my hand and affixed the Seal of our said Court, at office in the town of Asheville, day and date above written.
R.B. Vance CLK.

Oct. 22, 1853. Appl. of Benja Min Kelley, as co.
J. B. Sawyer, Ashville, Oct. 6.

Be it known all men by these presents That I Benjamin O'Kelly of Brunswick County N.C. have constituted and appointed E. B. Sawyer of Asheville N.C. my true and lawful attorney for me & in my name to prosecute my claim to a pension in right of my Father Benjamin Kelly who was a Revolutionary Soldier & to do all lawfull acts & things in and about said claim and to appoint one or more attorneys under him for the purpose of receiving hereby making all former Powers of attorney heretofore made by me void my hand and seal this 12 th day of Oct 1853.
Benjamin O'Kelly
State of North Carolina
Brunswick County } Be it known That on the 12 th day of Oct 1853 before me an Justice of the peace in and for said County personally appeared Benjamin O'Kelly a man named & acknowledged the foregoing power of attorney to be his acts and deed
In testimony whereof I have hereunto subscribed my name and seal Oct 12 a.m. —
M c Beirne

State of North Carolina
Buncombe County } 3
I, R. B. Vance, clerk of the county court of Buncombe county do hereby certify that John Raper in whose name signature appears to the foregoing is and was at the time of signing the same a Justice of the peace in and for said county duly qualified and commissioned
In witness whereof I have hereunto set my hand and affixed my seal of office 15 th Oct 1853
R. B. Vance, clerk.

Benjamin Kelly 800 Rev Holdin A Carlsbad
See paper mtn Oct 7th 1881 mtn which he appeared for Purvis as grand
Mr Cole not truly Dec 15/57

Know all men by these presents that I Benjamin O'Kelly of the County of Buncombe and State of North Carolina do hereby irrevocably appoint William Williams of Buncombe County NC and John T. Kelly Esq. of Washington City DC. and each of them my true and lawful attorneys for me and in my name to apply for present and examine into and prosecute my claim for a pension from the general Government for the Revolutionary Services of my Dec d father Benjamin Kelly, which may be due to my said Father under the several acts of Congress in relation thereto and I hereby confirm what soever my said Attorneys may do or either of them may do or cause to be legally done in the prosecution of said claim hereby revoking any other authority I may have given to any other person in the premises whatever.
In witness whereof I have hereunto set my hand & seal this 1 st December 1857. Benjamin O'Kelly (Seal)
State of North Carolina } On this 1 st day of December Buncombe County. } 1857. Personally appeared before me Robert B Vance Clerk of the County Court of Buncombe County North Carolina and acknowledged the foregoing Power of Attorney to be his act and deed for the purposes therein contained and I certify that I know the said Benjamin O'Kelly is the person present who executed the above power of Attorney given under my hand and seal of office at office in Asheville the 1 st day Dec. 1857. R.B. Vance clerk.