Revolutionary War Pension and Bounty Land Warrant Application File R. 5833, for William Kelley, Virginia

SERVICE
NUMBER
Va
Kelley William or Kelley,
R 5833
CONTENTS

State of Indiana 25th Spencer County 3
Be it remembered that a probate court Continued and held at the courthouse in Rockport in and for the County of Spencer in the State Indiana on the _____ day of November in the year of our Lord one thousand eight hundred and forty five William Kelley a soldier of the American revolution appeared in open court and made the following declaration under oath in order to obtain the benefit of the act of Congress of June 7. 1832 to wit. He was born in the State of Virginia on the 10 th day of January 1760 and at or near the age of sixteen years entered the service of the United States or Colonies in the militia on the eastern shores of Virginia who were stationed in the forts along the coast & whose service consisted in protecting the coast from incursion of the enemy. Small parties were sent of about six or eight from the forts at a time to guard the coast & inlets along the same who were every few days relieved by a similar party from the forts. When this applicant first entered the service for they Simpson was his Colonel who died and was succeeded by his son Shelby or Shelby Simpson. Mr. Young then became major and Richard Lustig or Lustis Captain. This petitioner Continued in the service between four & five years and when finally discharged asked for no certificate of discharge and has no written evidence of his service and has not for many years past been any one acquainted with the same and knows of no one by whom he can

prove it. After the close of the war he lived for some years in Virginia, he then removed to the State of Maryland and resided in Dorchester & Somerset Counties, for about eleven years, he then removed to Kentucky & lived at Port William mouth of Kentucky river for about six years and then removed to Indiana & has been a Citizen of Spencer County for the last thirty years.
He is acquainted with John M. Graham former judge of the Circuit Court, with John H. Smith a clergyman James C. Peatch and James T. Morgan who can vouch as to his credibility. He was never engaged in any battle at the battle of Yorktown & capture of Cornwallis, his post of service was near enough for him to distinctly hear the Cannon. He has never received any pension or annuity, nor is his name on any pension roll or agency within the United States, and he hereby relinquishes all claim to any such pension or annuity except the present. He was sometimes called Killey, and if there is any record or roll in existence containing his name and service it may be entered thereon William Killey.
Sworn to & subscribed in open court on this day of November 1845

We the undersigned Citizens of Spencer County Indiana referred to in the above declaration do hereby certify that we are acquainted with the said Mr Kelley & we believe that he served as he states and that his statement is entitled to credit —
And the Court after an investigation of the matter and putting the necessary interrogatories presented by the law department to the said Mr Kelley do declare their opinion to be that said Kelley was a soldier of the revolution and that he served as he states & that he is entitled to a pension under the said act of Congress of June 7. 1832 and it is also ordered to be certified that
he is a resident of said county of Spencer & that the said certificate and statement is entitled to credit —
State of Indiana } set Spencer County } Thomas P. Britton Clerk of the Probate Court in & for said county do certify that the foregoing is a true copy from the records of my office. In testimony whereof I have unto set my hand & affix the seal of said Court at Rockport in said County on this day of November A D 1845 —

State of Indiana 35 Perry County 35 Personally on this day came before me the undersigned a Justice of the Peace in & for said County William Lamb of said county of lawful age who being duly sworn make oath & says that he did by the request of the within named William Kelley (now deceased) draw up make out and prepare the within statement & declaration for the said Kelley under his direction on or about the 6 th day of November A.D. 1845, and that it was the intention of said Kelley to have gone before the next Probate Court thereafter to be held in & for the within named County of Spencer to make oath to said statement & declaration, who was prevented from so doing by sickness & bodily infirmity as affiant was informed & believes & further says not. Wm. S. Lamb. Subscribed & sworn to before me at my office in Rome in said County on this 31 st day of May 1847. Samuel Fisher Peace Seal
State of Indiana Perry County 35 I, Wm. S. Lamb clerk of the Circuit Court in & for said County do certify that Samuel Fisher Esq. before whom the above affidavit was made & whose certificate of authentication is affixed thereto is now & was at the date thereof & the time of making & certifying the same an acting Justice of the Peace in & for said County duly Commissioned & qualified & that all his official acts as such are entitled to full faith & credit & that the above signature purporting to be his is genuine. In testimony whereof I have unto my hand and affix the seal of said Circuit Court at Rome in said County & State this 31 st day of May 1847. Wm. S. Lamb

No 37562 William Kelly aka Dna act 7 June 1832
5833

State of Indiana Spencer County ss } On this twelfth day of October A.D. 1847 before the Spencer Circuit Court in and for said County and State personally appeared William Kelley a resident of the County of Warrick in said State of Indiana aged 57 years who being duly sworn according to Law doth on his said oath make the following Declaration in order to obtain for the surviving children of his father the late William Kelley deceased a pension that was due his said father at his decease under the act of Con- gress passed June 7th A.D. 1832 granting pensions to Soldiers of the Revolution. That the said William Kelley was a revolutionary Soldier in the line of Virginia as he has frequently heard him relate said William Kelley was born in the State of Virginia about the year 1760 entered the service at or near the age of sixteen and served between four and five years on the Eastern shore of Virginia in the forts and in small scouting parties and served under the following officers as near as he can recollect to wit Colonels Southey Simpson and Selby or Shelby Simpson Major William Young and Capt. Rich- ard Justice or Justice and perhaps other officers during said service said William Kelley did not make an application for a pension nor was his name on the roll of any pension agency in the United States But a short time before his death he got his Statement drawn up by William Lamb Esq. clerk of the Circuit Court in and for the County of Perry and State of India- na said Statement is herunto attached - And from what this deponent has heard his said father relate relative to his revolutionary services he believes that the Statement of his father drawn up by said Lamb and herunto attached contains a true Statement of the facts in the case of his said father's right to a pension - After

Said Statement was drawn up and before the next term of the Court in Spencer County the said William Kelley died - In the particulars of the Services of the said William Kelley he refers to said Statement drawn up as aforesaid by William Lamb Esqr. and he further states that the reasons that his father did not apply for a pension were that he resided in a new County and did not know anything or very little about the pension laws and was averse to the attempt to obtain a pension lest he should not succeed and subject himself to the suspicion of an unjust attempt to obtain a pension But having been informed as to the law the conscientious scruples of the old gentleman were removed and he was thoroughly convinced that he was entitled to a pension - Thereupon he had his Statement drawn up agreeable to the facts in the case by William Lamb as aforesaid - And it was his intention to have gone before the court at its next term in Spencer County and made oath to the same and otherwise complied with the law in such cases - But the deponent states that his said father died in said County of Spencer March 18th A.D. 1846. aged 86 years - leaving no widow but children here surviving to wit Jacob Kelley a resident of said Spencer County and Elizabeth Rable a resident of said Spencer County and him the said William J. Kelley being the only surviving children all of Indiana Said deponent refers to the proof hereto annexed and prays that the pension due his said father at his death may be granted his surviving children who are above named said William Kelley serves as a private
William J. Kelley.
Sworn and subscribed the day and year above written in open court before me
John Crawford clerk

We Benjamin Romine William E. Morgan and Thomas P. Burton residents of Spencer County Indiana do hereby certify that we are well acquainted with William J. Kelley of Warrick County and do hereby certify from our personal knowledge that the said William J. Kelley is a person of truth and veracity and that we are well acquainted with his father William Kelley deceased a revolutionary soldier and we were his near neighbors for many years - and that it was reported and believed universally in the neighborhood where he resided that he was a revolutionary soldier and had served his country many several years as a private soldier in the war of the revolution and that we concur in that belief and we further certify that he died March 18 th A.D. 1846 in said County of Spencer and that we believe him to have been 86 years old when he died and have no doubt from our knowledge and acquaintance of the facts and strict integrity of William Kelley deceased that he was entitled to a pension.
Benj. Romine W. E. Morgan T. P. Burton
Subscribed
Sworn and subscribed the day and year first above written in open court before me.
John Crawford Clerk
And the said court do hereby declare their opinion after an investigation of the matter that the above named William Kelley deceased was a soldier of the revolutionary war and served as mentioned in the statement drawn up by William Lamb Esq. I John Crawford Clerk of the Spencer Circuit Court in and for the County of Spencer and State of Indiana do hereby certify that the foregoing contains the original proceeding of the said Court in the matter.

William J. Kelley's application in behalf of the surviving children of William Kelley deceased for a pension due them said father
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court at Rockport this 12 th day of October A.D. 1847
John Crawford clerk

State of Indiana Spencer County ss. Personally appeared in open court Benjamin Romine William E. Morgan and Thomas P. Britton being the Spencer Circuit Court in and for the County and State aforesaid on the twelfth day of October A.D. 1847 who first being duly sworn according to law took an oath said oaths depose and say that they are well acquainted with William Kelley late of Spencer County deceased who was reported and believed generally in the neighborhood where he resided to have been a revo- lutionary soldier and that the said William Kelley died in the County of Spencer aforesaid on the 18th day of March A.D. 1846 leaving no widow but the following named children to wit William Kelley a resident of Warrick County Jacob Kelley a resident of Spencer County and Eliza with Ruby a resident of Spencer all of the State of Indiana being the only surviving children of the said William Kelley deceased and further dep- osants say not
Benj o Romine W. E. Morgan Thos. P. Britton
Sworn and subscribed in open court on this 19 th day of October A.D. 1847 before me
John Crawford clerk

State of Indiana Spencer County ss
Before the Spencer Circuit Court in and for the County and State aforesaid began and held at Rockport in said County on the second Monday of October and on the 2 nd day of the term thereof A.D. 1847. Satisfactory proof was made to the said Court that William Kelley late of Spencer County deceased was a revolutionary Soldier and that he was aged 86 years and died on the 18 th day of March A.D. 1846 having no widow but children then surviving to wit William Kelley a resident of Warrick County Jacob Kelley a resident of Spencer County and Elizabeth Ruble a resident of Spencer County all of the State of Indiana being the only surviving children of the said William Kelley deceased. I John Crawford Clerk of the Spencer Circuit Court in and for the County of Spencer and State of Indiana do hereby certify that the foregoing contains the original proceedings at the said Court in the matter of William Kelley's application in behalf of the surviving children of William Kelley deceased for a pension due their said father.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Rockport this 12 th day of October A.D. 1847.
John Crawford clerk

April 19, 1940
BA-J/AWF AW William Kelley R. 5833
The Quartermaster General Memorial Branch War Department Washington, D. C.
Dear Sir:
Reference is made to your letter of information in regard to William Kelley who served in the Revolutionary War under Major Young and Colonel Simpson in the Coast Service in Virginia, and died in Spencer County, Indiana.
The data which follow concerning William Kelley were obtained from papers on file in claim for pension, R. 5833, based upon his service in the War of the Revolution.
William Kelley was born January 10, 1760, in Virginia. The names of his parents were not given.
William Kelley stated that, when about sixteen years of age, he enlisted and served as private four or five years, on the Eastern Shore of Virginia, in scouting parties, and as guard along the coast, under Captain Richard Justus or Justice, Major William Young, and Colonels Soubey Simpson, and Selby or Shelby Simpson.
After the close of the Revolution, he lived for "some years" in Virginia, then moved to Maryland, and lived in Dorchester and Somerset Counties, about eleven years, then moved to Kentucky, thence to Indiana.
William Kelley applied for pension in the month of

November, 1845, then living in Spencer County, Indiana, where he had lived about thirty years.
The claim for pension was not allowed as proof of service as required by the pension law was not furnished.
The soldier, William Kelley, died March 18, 1846, in Spencer County, Indiana. He left no widow and there are no data in this claim relative to his wife.
The following children survived William Kelley, and were living in 1847-
William J. Kelley, aged fifty-seven years in 1847, a resident of Warrick County, Indiana;
Jacob Kelley a resident of Spencer County, Indiana;
Elizabeth Ruble a resident of said Spencer County.
The papers on file in this claim contain no further discernible data in regard to family.
The application for headstone for William Kelley is returned herewith, as is, also, a letter addressed to your office from Laura Mercy Wright, Rockport, Indiana, in which the names of several soldiers are given, but no mention is made of the William Kelley, whose record was requested on the application for headstone.
Very truly yours
A. D. MILLER Executive Assistant to the Administrator

No 37562 William Kelly ac o Ina St. Louis, Mo. Jan 6th '48!
at 7 June 1832

1940. April 19. sent to Memor. Br. Genl.
Acts of July 14, 1862, and March 3, 1870.
REJECTED
8-833
P. O.
William Kelley
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
The printed list of 1852 shows reasons for suspension
Alleges: _____
"For period, length and
Re-enlisted: grade of service,
and names of company and field officers"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Chardon Geauga Co. Ohio.
November 11 th 1847.
Sir
I herewith transmit to your office for adjustment the application of William J. Kelley, in behalf of the surviving children of William Kelley, deceased, late of Spencer County, in the State of Indiana a Revolutionary Soldier, for a pension which he alleges that was due his father at his decease.
Very Respectfully, your most O bt Servant,
James Withersay
Hon. J. L. Edwards Com r of Pensions Washington City
P. C.

Pension Office
Decem r 1847
Jan y 6 th 1848
Sir
The papers in the case of William Kelly dec d , have been examined and filed under the act of 7 June 1832.
Before any satisfactory adjustment of this claim can be made the regulations require the period of the commencement and the duration of each tour of service with the names of the company and field officers under whom they were performed to be specifically set forth must be completed with in every essential particular, and the amount of service rendered should be established by the testimony of two or more witnesses who were themselves in service with his comrades.
No one term of service has been set forth as required by the rule, nor is it required by a statute of means and it would appear from the statement of Kelly that the duty service by him was as a patrol for the protection of the neighborhood, which affords no ground for a pension.
James H. Southway Esq. Chamberlain Pension Co.