Revolutionary War Pension and Bounty Land Warrant Application File S. 8,781, for William Kennerly, Virginia

SERVICE
Ua.
Kennedy William
NUMBER _____
S. 8.781
CONTENTS
carded.

Paid at the Treasury under the Act of the 5 th April 1838 from 4 th Sept 1838 to 4 Sept 1839. agt notified 4 Jan d 1840
Hon John Schuler, Nov. 18, 1858
Virginia (R.) 31469
to William Kennerly of Augusta Co in the State of Virg ia . who was a private in the comm. un- by Captain of the command by in the Virginia line for militia: 6 months private
Inscribed on the Roll of Virginia (R.) at the rate of 20 Dollars — Cents per annum, to commence on the 1 st day of March, 1831.
Certificate of Pension issued the 7 th day of July 1838, and sent to Thomas Kennerly Esqr. White Post, Clarke Co. Va.
Arrears to the 1 st of March 8, $140.00 Semi-ant. allowance ending 4 Sep t " 10.00
(31,469) $150.00
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by G. J. Rhodes Clk Book E, Vol. 6 1/2, Page 2A.

Samuel Kennerly's affidavit,

12 Affidavit of Samuel Kennerly taken before W. H. Pettigrew a justice of the peace for Doleourt County This affiant being first duly sworn states that from the registry kept by his father, he believes that his brother William Kennerly was born on the 1 st day of February in the year 1752, and this he is now upwards of eighty five years of age. That this affiant well recollects that the the said William Kennerly served at least as a soldier in an expedition against the Indians in the year 1777 or 1778, which expedition was conducted by Col. Samp- son Matthews & Major. Patrick Lockhart. That the said William Kennerly was drafted in the County of Augusta and was in a company of Militia Com- manded by Capt. John Givens. That he does not know how long he was engaged in the service at that time but he knows he was absent from Augusta more than three months. This affiant further states that he knows that the said William Kennerly served another time in the year 1781 against the British in a volunteer company commanded by Capt. William Gwynn which marched from Staunton, Augusta County. That he left Augusta some time in the Spring and returned in the Month of September or October. That he well recollects that the said William Kennerly returned home sick. That he hath frequently heard the said William Kennerly as well as others say that the said William was in the Battle of Hobkirk near Williamsburg & conducted two wounded men. whose names were Hammet & Scott from off the battle ground. This affiant further states that he is now in the eighty third year of his age & that he is unable

from bodily infirmity to attend the County Court of Augusta. Green under my hands. this.
22 nd day of March in the year 1837.
S. Kennerly
I am to subscribe before me a justice of the Peace for Botetourt County. March the 22 nd 1837.
M. M. Pettigrew J.P.
I do hereby certify that - the above named Samuel Kennerly is a very aged man & that he is incapable from bodily infirmity of travelling as far as Staunton or Augusta County.
M. M. Pettigrew J.P.
N.B.
I do certify that above said Kennerly is a gentleman and a man of truth. given under my hand this 17 th day of May 1838.
M. M. Pettigrew J.P.
This is to certify that I am personally acquainted with a Mr Samuel Kennerly, whose residence is about a mile from Fincastle, Botetourt county, and that he has always been regarded as a gentleman and man of truth. I know also a Mr Pettigrew, of Fincastle, but it is not in my personal knowledge that he is a justice of the peace. Nor do I know his hand writing or that of Mr Kennerly. I have full very confidence that the foregoing certificate & every thing connected with an in foreign & fair
Wartburg Va March 26 th 1838
Robt Green

Virginia to wit
I Henry W Bowyer Clerk of the County Court of Botetourt in the State of Virginia do hereby Certify that Mathew W Pettigrew whose name is Subscribed to the annexed Certificate is now and was at the time of Signing the Same an acting Justice of the peace in Said County of Botetourt duly Commissioned and qualified as such and that full faith and Credit is due to all his official acts as such
In testimony whereof I have hereunto set My hand and affixed the Seal of the Court aforesaid this 18 th day of May 1838
HW Bowyer clk

26. 320 - 446
Adm?
6 mo private
204
Thos Kennerly Esq. White Post Clark Co W. Va.

State of Virginia Augusta County
On this 22 nd day of July 1833 personally appeared in open court before the Justices of Augusta County Court now sitting. William Kennedy a resident of the County of Augusta and State of Virginia, aged about 81 years, who being first sworn according to law doth his oath make the following declaration in order to obtain the benefit of the act of Congress passed the 7 th of June 1832.
That he was born in the County of Culpeper and State of Virginia, and that from his Father's Register which he has not now in his possession, nor does he know what has become of it, it appeared that he was born on the 4 th of February 1752. That he resided several years in the County of Culpeper after his birth. From Culpeper he removed in his youth to the County of Augusta in the State of Virginia, where he has ever since resided and still resides.
As one of the Militia of Augusta County, the declarant with other men from Augusta volunteered their services to go on an expedition against the Indians who were committing great depredations upon the white inhabitants in the Western part of Virginia, they rendezvoused in Staunton in the said County of Augusta in the Month of June 1774, and he marched from there as first Sergeant of the Company under the Command of Captain George Mathews. W th Robertson was first Lieutenant and George Gibson was Second Lieutenant. From Staunton he marched with the Company to a place called Warwick's Fort, in what is now the County of Greenbrier, where they joined other men under the command of Captain George Moffett who also belonged to the Augusta Militia, who was the first Officer in Command and was then engaged in building said Fort. This declarant was left Fort Warwick in Command of Sixteen men, the other Troops under the Command of Capt s Moffett & Mathews marched to Point Pleasant to join the Army under the Command of Gen l Lewis. After the Battle of the Point, which took place on the 11 th of October 1774, the Troops that survived returned to Fort Warwick, where this declarant had been left in Command, and about the 1 st of Nov r of said

year the Troops were discharged and returned home. This declarant received no written discharge and was absent in the service on this tour of duty 4 months. He expects to prove the service above set forth by James Robertson &c.
His next service was as follows. In the year 1778 about the first of June he was drafted as one of the Militia of Augusta County and owing to the peculiar situation of declarant's family his Father being very unwell and his Brother being engaged in the same service, the declarant was selected by Col. Simpson Mathews of the Augusta Militia to take charge of a Brigade of Lick horses, which were used in conveying Provisions to the Troops who had been ordered on to Fort McIntosh; he continued in this service in the County of Augusta under the orders of Col. Mathews until about the middle of the month of November in the same year being actually engaged in the service of the United States, on this occasion for at least the period of five months. He has no Documentary evidence going to prove this service, but expects to be able to prove it in part by W m Patrick.
This declarant in the month of June 1781 the precise day he cannot state but thinks it was early in the month volunteered as a mounted Horsemen together with 108 other men to go to the defence of Richmond and the lower part of Virginia. He rendezvoused at Staunton in the County of Augusta. W m Bowyer of the Augusta Militia was the Captain. Samuel Bell was a Lieutenant in the Company, and Charles Cameron was another Lieutenant. From Staunton they marched to the City of Richmond. Joined Genl. Campbell from thence to Bell's bridge, from thence to New Kent Courthouse where the Troops with which the declarant was, had a Skirmish with a party of the British. From the Courthouse they marched to near Williamsburg where the British Army lay for some days, from near Williamsburg the Troops marched in the direction of James Town, where between the Williamsburg & James Town the Battle of Red Bank was fought by the Troops with whom the declarant was. The Troops were marched & countermarched in the neighbourhood of Williamsburg, until General Cornwallis took Post at York Town (where the American Army with

whom the declarant acted as a sergeant, about which time the declarant in consequence of his ill health occasioned by great fatigue & exposure was furloughed and continued ill with fever, until after the troops with whom he had were discharged marched, in the latter part of October 1781. After the troops with whom this declarant acted marched to Bottoms Bridge, Genl. Wm. Campbell commanded for some time. They were also under the command of Genl. Wayne, and the whole under the command of Major General Sullivan, who continued in command until General Washington came on from the North. In this tour the declarant was in service, including the time he was on furlough. Four months he received no written discharge but expects to have this tour by the above named James Robertson & Wm. Patrick.
Wm. Kennerly
Augusta County to wit
+
James Robertson personally appeared before me a Justice of the Peace in the County aforesaid and made citation declares that the declaration of William Kennerly as set forth in the above touching the tour against General Cornwallis to be correct, that he knows that he was in the service as a soldier having frequently seen him at different places during the tour. Given under my hand this 13 th of April 1833.
J. Crawford
I Saml. Crawford a Justice of the Peace for the County of Augusta & State of Virginia before whom the within certificate of James Robertson was sworn to, do hereby certify that from the age & infirmities of the said James Robertson it would be with much difficulty that the said Robertson could attend at the courthouse to give his testimony, and the distance of the said Robertson's residence from the courthouse being about fifteen miles. I further certify that the said Robertson's character for truth is fair and any statements made by him I would give full credence. Given under my hand this 23 rd April 1833.
Saml. Crawford

Augusta County Virginia July 18 th 1833
I do hereby certify that I have been personally acquainted with William Kennerly more than 60 years, and I have personal knowledge of his being in the service as stated in his declaration against Genl. Cornwallis &c
William Patrick
I certify that William Patrick this day made oath before me a Justice of the Peace for Augusta County, to the above certifi-
John Porterfield
July 18 th 1833
And the said William Kennerly hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the army of any State. Sworn & subscribed to in open court this 22 nd day of July 1833
Wm Kennerly
Augusta County Virginia 17 th July 1833
I do hereby certify that I have been personally acquainted with William Kennerly 48 years, and have often heard him relate the services he performed in the Militia in the War of the revolution, when he could have had no motive to exaggerate. I have also seen his declaration made with a view to obtaining the benefit of an act of Congress passed the 7 th of June 1832 and find a perfect accordance in the facts set forth in the declaration and those stated repeatedly to me and in my presence in relation to his services in the War as aforesaid and therefore have no doubt whatever of the correctness of every fact stated in his declaration given the above date
John Porterfield

We William Kinney and George Baumbart residing in the county of Augusta & State of Virginia hereby certify that we are well acquainted with William Kennedy who has subscribed & sworn to the above declaration that we believe him to be about 81 years of age; that he is reputed & believed in the neighbourhood where he resides to have been a soldier of the revolution and we concur in that opinion. Sworn & subscribed to in open court this 22 nd day of July 1833
William Kinney
George Baumbart
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department after having seen the certifi- cate of Genl. Robert Porterfield who was an officer in the Revo- lutionary War, the affidavits of James Robertson & William Patrick which were annexed to said declaration that the said Wm Kennedy was a revolutionary soldier and served as he states and the court further certify that it appears that William Kinney and George Baumbart who has signed the preceding certificate are residents of the county of Augusta and credible persons, as are the said Robert Porterfield, James Robertson & Wm Patrick and that their statements are entitled to full credit.
Virginia to wit:
I Jefferson Kinney clerk of the County Court of Augusta do hereby certify that the foregoing contains a true copy of the original proceedings of the said court in the matter of application of William Kennedy for a Pension
In testimony whereof I have hereunto set my hand and affixed my seal of Office this 24 th day of July 1833 in the 58 th year of the Commonwealth.
Jefferson Kinney C. C. C.

Virginia. Augusta County ss
Personally appeared before me, the undersigned a Justice of the peace for said County of Augusta William Kernerly the person herein applying for a pension, who being duly sworn deposeth and saith, that by reason of old age, and consequent loss of memory, he cannot swear positively as to the precise length of his service; but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades; For four months and fifteen days served as a sergeant in Capt Geo Mathews Company as herein before stated. For five months as a private under command of Col. Sampson Mathews as herein before stated, and This declarant is from a reference of certain facts the dates of which are matters of record and history, satisfied that his last service was for, as long a period that  as in his original declaration he stated, he remembers well, that he marched from Staunton under the command of Mr Bowyer as herein before stated, a few days after the Legislature of Virginia had assembled at Staunton (being driven from Charlottesville) he has ascertained that they (the Legislature) met at Staunton in the County of Augusta on the 7 th day of June 1781 and within five days at farthest from that day this declarant marched as the orderly sergeant of the said Mr Bowyer's company and continued to act in that character until he obtained his furlough, which according to the best of his recollection was on or about the 1 st day of Octo: 1781 being just at the time when the siege of York commenced, so that according to the best of his recollection he served on his last tour of duty for three months and eighteen days as orderly sergeant, exclusive of the time he was on furlough, and for the three tours of duty as in this amended declaration stated he claims a pension.
W m Kernerly
Sworn and subscribed to before me this 13 th day of September 1833
John Porterfield (J.P.)
X See Vol. of History of Virginia by S.H. Goudie Page 580

Virginia to Wit:
I Jefferson Kinney Clerk of the County Court of Augusta in the State aforesaid do hereby certify that John Porterfield whose name appears to the foregoing certificate now is and was at the time of signing the same an acting Justice of the Peace in and for said County and that the foregoing signature purporting to be his is genuine. In testimony whereof I have hereunto set my hand and affixed my seal of Office the 19 th day of September 1833 and in the 58 th year of the Commonwealth
Jefferson Kinney C. deo

In reply to your request of _____, received _____ for a statement of the military history of William Kennerly a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. S. file 8781
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     June 1774 4 1/2 mos. 1 st Rgt. George Matthews Va.   June 1, 1778 5 mos. Pri John Girrens Sampson Matthews "   June 1781 4 mos. Ord. Sgt. William Bowyer "  
Battles engaged in, New Kent Court House    Port Royal
Residence of soldier at enlistment, Augusta Co. Va.
Date of application for pension, July 22, 1833. His claim was allowed
Residence at date of application, Augusta Co. Va.
Age at date of application, March 4, 1752. Culpepper Co. Va.
Remarks: No data as to family.

...the same... ...the same... ...the same... ...the same... ...the same... ...the same... ...the same... ...the same... ...the same... ...the same...
...the same... ...the same... ...the same... ...the same... ...the same...

ENGINEERING OFFICE DEMOTT & MAGRUDER ROOM 307 LAW BUILDING LYNCHBURG, VIRGINIA
May 5th. 1921
Chief of Pension Bureau, Washington D.C.
Dear Sir:-
Wm. Kennerly, who died at Greenway Court in 1840, at the age of 92 years, was said to have received a pension for the last 20 years of his life as a soldier of the Revolutionary war. He was said to have served in the company of James Kennerly of Augusta Co. Va., under Gen. Porterfield.
Are these statements corroborated by the records? if so, will you kindly send me the references?
Yours very truly,
C. L. Demott

TREASURY DEPARTMENT,
Second Comptroller's Office,
May 30 th 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," William Bennett, a Pensioner on the Roll of the Richmond Agency, at the rate of Twenty Dollars and Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 1 st of Sept. 1838, to the 1 st Sept. 1839.
Respectfully, yours,
Alcides B. Parris Comptroller.
To the Commissioner of Pensions, Present.

Department of the Interior - Bureau of Pensions Washington D. C.
Please send me Military record of William Kennedy during the Revolutionary War, who went from Augusta County in the company of Capt. James Kennedy, was under Genl. Porterfield.

You will greatly oblige W. R. G. Scott. 1705 Rivermont Ave. Lynchburg, Virginia.
Jan. 17. 1909.

William Kennerly Va
Suspended —
Letter 27 Sept 1833 —
Wm 29 Oct 1833 — M c Kinney Cr.
do. That Kennerly, decd 24.38 —
Feb 17 June 1832

1909 Feb. 4. Mirt. to Mrs. R. C. Scott. A.E.P. 1921 May 23 Hist. to Mr. C. L. DeMott.
Revised
8781 INVALID.
File No. 8781
William Kennedy Prin. Rev. War
Act: June 7 th 1832
Index:—Vol. 102 , Page 202
[Arrangement of 1870.]

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by L. D. L.
Claim No. _____
Certificate No. _____
Claimant _____
Soldier Wm Kennedy
Service 10th
Additional Service Rev. War
No _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
No claim except I. # 8781

26. 320-
William Kennaly—
[Large cursive signature/initials] letter
27-
Left for to Kinney Fort Blanton C.H. Va.

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }  On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
□ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
How long did applicant serve before he recd his furlough?

White Post Va May 21 st 1838
20
Mr add d J. B. Wm Kennedy
J. L. Edwards Esq r
Commissioner of Pensions Washington D. C.

Deary Sir, In answer to your Inquiry, In early State I Was drafted in, 1778, I think in June to - go against the Indians & Was appointed, by Colonel S. Mathews to the charge of the Horses about a hundred in Number, these horses, Were collected for the use of the Brigade, in general But Mostly, used for pack Horses for the different places of Depot, My Business Was to see that they Were provided for and Ready at Command also to start them, With Lodged provisions, as the Quarter Master's Order I had several Men I employ'd just as I could hire them Some Time Slaves for a short Time I had one Man by the Name of James Green also I had Hunter The Horses were kept at different places part in Augusta County & part on the Road in places, I had at various Times to go With a part of them loaded Until I met the Retention Company Which I rid Into my care and acted all the Time I was there Under My Command, & by Col. Mathews & Major Lockhart's Orders - as Well as I now Recollect I Was not Discharged -

Dear Sir
Within you have the statement of my aged Uncle to the best of his recollection, I did not suppose from what you said in conversation last; it required oath before a justice - but if so, you will please inform me;
I assure you he acts with strict verity according to his recollection & perhaps no pension has been granted to a more sober & cautious, tho now a needy man; I would refer you to the Rev Mr Evans for any further information on the character of the witness Dr Crump - { Direct to White Post } } Yrs. Thos H. Shumway Clark Co. Va

Until a Bout the first of November, I Was - During the Time able to see all such, further A few Times But not So as to Neglect The Duties As sign'd Me
yours With Due Respect - Yrs Wm Kennedy
Sir, I do assure you the small pittance Allowed would not Induce Me to make an Indirect Statement if I knew it was When I Were in the service of My country I Was young & had plenty I never Expected to ask for or Receive compensation But now I am Old & needy not By deviation and could Receive What is Allowed It Would help to smooth My declining days Which Must Now be But few yours With Respect, I do not know if it be needful to qualify - Before a justice Or I Would do so. I am yours &c Wm Kennedy