Revolutionary War Pension and Bounty Land Warrant Application File W 21521, for John Kelley, South Carolina

SERVICE
NUMBER _____
SE 86
Kelley, John Mary
W 21521
CONTENTS

336.8 South Carolina
Mary Kelley, dec.
widow of John Kelley, dec.
S.C.
died on the — — A.D. 1791
Charleston the State of S. Carolina
was a private in the ————— commanded
by Captain ————— of the regt commanded
by Col. Saps in the S.C. State
line for 12 months.
Inscribed on the Roll of Charleston
the rate of 10 Dollars ————— Cents per annum,
to commence on the 4th day of March, 1831 & to end
25 Jan'y 1840, day of the widow's death.
Certificate of Pension issued the 20 day of June
1840 sent to and P. Gantwell Esq.
Charleston S. Carolina
Arrears to the 25 of Jan'y 1840 $355.66
Remained allowance during ————— amount payable
to Mary D. Martin, wife of
John Nicholas Martin, and only
child of said deceased.
{ Revolutionary Claim, Act July 4, 1836, Section the 9th }
Recorded by D.M. Curley, Clerk,
Book C, Vol. 1, Page 187.

aff. from Kelly John 863 Mary Kelly widow of John b.c. 4191 act 4 July '36

State of South Carolina District of Charleston.
Office Court Common pleas Charleston
I Charles C Strohecker clerk of the Court of Commonpleas for Charleston Dist. S.C. hereby certify that Patrick Cantwell is a competent magistrate, and that the signatures purport- -ing to be his attached to the annexed papers are genuine. Further certify that I know Mrs Kelly the claimants, Mrs Gruber, Mrs Grah- am, Misses Jacob & Mertzinger, D. Holbrook, and Geo B Eckard, the witnesses in this case that they are respectable, and that their state- -ments are entitled to full credit. In testimony whereof I have hereunto subscribed my name & affixed the seal of my office this 3rd day of December 1838.
Charles C Strohecker
Clerk of the Court of Commonpleas Charleston Dist. S.C.

State of South Carolina (on this 29 th day of Sept r ) District of Charleston 3 1838 personally
affirmed before me the undersigned Wm Mary Kelly widow aged 84 years and a resident of the City of Charleston, who being duly sworn according to laws (Deponent her testimony make the following declaration in order to be entitled to the benefit of the 3 d Section of the act of Congress of the 4 th July 1836 that she was married to John Kelly, late of Charleston Baker, who was a private in Captain Salley's Company of the Navy of the Revolution, and served under arms against the enemy for two years, in the following manner, to wit: as early as the year 1775. He was a member of the German Fusiliers of Charleston, and continued a member of same, (Save the time he done duty as a private in a Battalion of troops in St. Andrews parish near Charleston) until the surrender of the City in May 1780. When he was made a prisoner of war, and remained so a prisoner (being taken while under arms) on parole for 12 months. (Deponent further declares she was married to the said John Kelly on the 23 d January 1774 and that, her husband the aforesaid John Kelly died in the year 1791, & that, she was a widow on the 4 th July 1836, and has not since intermarried. (Deponent further that, she suffered much by the great fire in April 1838, and that, most of her papers were then destroyed, and that, she finds great difficulty now to procure direct testimony all of which will more fully appear in the papers hereto annexed)
Sworn to and subscribed before me the day and year above written & also before the Presiding Judge of the Court Wm. L. Edley Wm. L. Edley U.S. Dist. Judge for S.C.

Lutheran Church of German Protestants.
Charleston S. C. August 13 th 1838.
The following extract is taken from the records of the Church, viz,
"Married on the 23 d January 1774, John Kelly - Baker, to Mary Werner."
I certify the above to be correct.
Jacob S. Mintzing . President.
State of South Carolina } Charleston District } I do hereby certify that the foregoing is a true and correct copy of the same this 14 th day of September 1838. & I certify the credibility of the affiant P. C. or to the Not. Public & I do for said C. D. H.

State of South Carolina Charleston District }
I, Daniel Norbeck, Treasurer of the German Fusilier Society and Company, and Keeper of the original books and Records of said Society and Company,
Do hereby certify that the name of Mr John Kelly appears on the Roll of the German Fusilier Company as one who was on duty in Charleston in the month of July 1775. —
I further certify that Mrs Mary Kelly the applicant for a pension is the widow of said John Kelly — having heard so from some of the inhabitants who knew them both.
Sworn to and subscribed before the undersigned the 20 th day of Sep r 1838 and I also certify the Credibility of the affiant P. Westwood Not Pub & 2nd Dist
Daniel Norbeck

Wilmington, North Carolina, On this 26 th day of October, 1838, personally appeared before me the undersigned power to Col. B. E. Echard Esq. attorney at law aged 44 years, a resident of Charleston, and formerly captain of the German Fusiliers, who being duly sworn according to law deposes that he has examined the roll of the German Fusiliers, as mentioned in the roll of Col. Sep's picture in the Hall of the General Society which said roll is held to be an authentic statement of the services of those who were with Col. Sep. were with said company at the fight of Brandywine Sept 11 th 1777 and at the battle of Red Bank Sept 26 th 1777. That the names of those who were with said company are recorded as being so present with said company. That the manuscript roll from which the printed printed list was transcribed has been lost or destroyed for it is no longer in the possession of the company, and that Mrs. Mary Kelly is regarded in this case as next of kin. That the lawful his own said Mary Kelly is alive, and is now in the city of Wilmington, and is now a resident of the city of Wilmington, and that she is now very old and far advanced in years.
B. E. Echard
De sworn to and subscribed before me this 26 th day of October 1838 and sworn to and acknowledged by me this 16 th day of November 1838 - my att.
H. Anthon Not. Pub. & Atty. at Law

State of South Carolina, on the 1 st day of November District of Charleston } 1838, personally appeared before the undersigned M c Barbara further aged 78 years a resident of Charleston and a Revolutionary pensioner who being duly sworn (Deposits), that she was ac- -quainted with, the late John Kelly of Charleston (Dec d . 1791), she remembers him during the War of the Revolution (D st , being at the time a resident of Charleston), that he was serving under arms in the Continentals at the time against the British, that she has reason to believe he served against them 12 months & was made a prisoner like the rest of those who were arms at the time of the surrender of the City - Deponent saith, she cannot speak now positively as to names and length of imprisonment, but has no doubt of his being so engaged under arms during the War against the enemy and never heard of his joining them, or taking protection - (Deponent saith), she is likewise well acquainted with Mrs Mary Kelly who is the widow of said John Kelly, that she has no doubt on her mind from her recol- -lection of three times that said Mary was married to John Kelly during the War of the Revolution or in the year 1774, as set forth in said Mary Kelly's affidavit, and that said John died in the year 1791, (Deponent saith) that said Mary Kelly always bore an excellent charac- -ter, and that her statements are entitled to credit and that she has suffered by the recent great fire,
Sworn to and subscribed before me The foregoing above written & also Certify the credibility of the affidavit Heretofore not Pub. & D.W. for Dist So J a
MB Gruber

State of South Carolina } On this 26 day of December, District of Charleston } 1838 personally appeared before the undersigned Mrs. Ann Cobia aged 74 years a resident of Charleston, who being duly sworn, deposes that she was well acquainted with one John Kelly and one Mary Kelly during the War of the Revolution, that she knew them as a respectable married couple at that period, and knew the parents of said Mary Kelly. That said Kelly was in service on the side of the Revolution and against the British. That she has reason to believe he served under arms against the enemy during said War for two years. That, she remembers to have heard of his being at Stony Point, and that she has reason to believe he was also at the Siege of Charleston, and when the City surrendered in May 1780, her impression is he was made a prisoner, and shared the fate of others who were taken prisoners under arms, and so remained for 12 months. Dependent Smith. She has reason to believe he also served for a short time in a Company not far from Charleston. Dependent Smith. She has reason to believe said John Kelly served in the German Fusiliers of Charleston, and that said John Kelly was married to said Mary Kelly in the year 1774, and that said John died in the year 1791 - and that she has known the said Mary Kelly ever since the Revolution. That she is now the widow of said John. That she has suffered by the Great fire of 1838, and that she believes her state- ments are entitled to credit.
Ann Cobia
Sworn to and subscribed before me this day and year above written and I also certify the credibility of the affiant
Plantersville not Robert D. for J. D. M. Jr.

Mary Kelly 4/19/1.
see let to P. Canavall Esq. March 25. 1840. — do May 25 1840 —
S.C.

Mary Kelly, widow of John. S. C. act 4 July 1836 See let to P. Cantwell 25 May '39 — do 19 July '39 & 6 Jan'y 1840
act '36

Rev
WIDOW, &c.
File No. 21521
Mary Kelley Wid of John Kelley Rev Rev War
Act: July 4 th 1836
Index:—Vol. 8 , Page 394
[Arrangement of 1870.]

40. 1. 25
31. 3. 4
8 10. 21
106.7
3\frac{1}{3}
320 1
35.56
355.66
4191
Mary Kelley dau Wed of John
SC
Act July 4 1836
Manned 1774
due 1791
Allen Dmo: pr $40 pr am, to Jan 25, 1840. the day of Mrs Kelley's death col. to Mary D Martin wife of Mr Nicholas Martin & only child of said dau
P. Cantrell Esq Charleston SC

War Department.
Rev. Claim.
I certify that, in conformity with the law of the U.S. of the 4 July 1836, Mary Kelley, dec d . late of S.C. widow of John Kelley, dec d . who was a priv. in the Revolution, and died in 1791, was entitled to receive Forty Dollars per ann. commg 4 March 1831 and ending January 25 1840, the day of said widow's death; and that the ann t is payable to Mary D. Martin, wife of John Nicholas Martin, and only child of said dec d .
Given at the War Office of the U.S. this 20 June 1840.
Sec y of War
Exam d & _____ Countersigned }
Comm ee of Pensions.

Arundelton Soho
6 December 1836
Sir
I respectfully submit the accompanying certificates in the case of Mrs. Mary Kelly, widow of John Kelly dec d . as add l proof in support of her claim for a pension under the act of the 4 th July 1836. 3 rd section.
I have the honor to remain Sir
Your obedient & humble servant
Respectfully
So
James L. Edwards Esq. Comm r Inspector of Pensions Washington
} }

Indent Book X No 2575
111 Issued 29 th April 1786 to Mr John Kelly for Fifty-two pounds one Shilling and five pence Sterling for militia duty in Water' Regiment. Mr Asp audited £ 82: 1: 5
State of South Carolina
112 To John Kelly Dr for militia duty in Water' Regiment Mr Anderson' return amounting to Currency £ 364. 10. is Sterling £ 82: 1: 5
Comptroller General's Office Columbia 4 th Nov r 1839
I do hereby certify that the above memorandum marked No. 1 in red ink, is a true copy taken from Indent Book X No 2575 deposited in this office. And do further certify, that the above account No. 2 in red ink, is a true copy of the account for which the said Indent was issued.
William B a Hayne Com. Genl pr B. Hart

11A-4 1715 cap 800 77 de 20/12/78 5 21/12/78 10/11/78 G.R.R.
They were sent the claimants check etc
from Fall 19/11/76 to 20/11/77 5th RV

Indent Book M No 273
I issued the first of October 1784 to Mr. John Kelly late a private in Barnell's Troop, H. Hampton's Regiment Sumter's Brigade State Troops, for ninety- four pounds Sterling, being amount of pay and bounty due him for services in that Regiment Troop. Together with Interest thereon from first of April 1782- to date hereof. Agreeable to Resolution of the general Assembly of the Eleventh of March last L 94. 0. 0
Comptroller General Office Columbia S.C. 4 th Nov r 1839
I do hereby certify that the above is true copy of a memorandum recorded in Indent Book M No 273. Deposited in this Office.
William Ed Hayne Com. Genl J. B. Hart

June 21. 1840
S.C. acc d James M c Henry Kelly
James L. Edwards Esquire Chairman of Pensions Washington D.C.

Charleston S.C.
16 January 1840
Sir:
The letter which you addressed to me on the 6 th inst. in relation to the case of Mrs Mary Kelly, the widow of Mr John Kelly, states that "the widow alleges that her late husband belonged to the Militia of South Carolina, & that one of these Certificates shows a service of about one year's duration in Col Water's Regt of Militia"
This conclusion is sustained by the bond of her affid t 29 Sep 1838 to wit: as early as the year 1775, he was a member of the German Fusiliers of Charleston, and continued a member of same, "frequently" the time he done duty as a private in a Militia Corps in St Andrew's parish near Charleston until the surrender of the City in May 1780
Mr Ann Cobia, a Revolutionary pensioner, intimate at the time with the parties, states that the deceased had heard of his being at "Stono" (June 1779) at "Beaufort" (July 1779) and at the Siege of Charleston (May 1780) and that he also served for a short time in a Country Company not far from Charleston See affid t of 1 st November 1838
The Certificate of Genl B. Eckhardt Esq. the present City Atty, attests that the Rolls of the German Fusiliers prove that said Kelly was at the fight of Savannah in 1779 - See his affid t of 26 October 1838
The Certificate of D r Holbrook Esq. Atty at Law of this City also proves that he was a member of this Corps in 1775
It is submitted with deference to you Sir that as the Certificate of the Comptroller General of S.C. shows 12 months service in the Militia - that the evidence of the other witnesses in this case, namely the widow, Mr Greenber, and Mr Cobia, and the Records of the Corps prove 12 months more - to wit at Beaufort, at Stono, at Savannah, at Charleston prior to 1779, and the Siege of that City in 1780.

If the services above recounted, of the unbroken chain of the testimony that sustains it, prove out 12 months service. It will be for the Commission to apply the rule that fixed a period, like to that which allows 6 mos: for service at Fort Moultrie and at the Siege of Charleston—
I have got the annexed add d aff d from Mrs Kelly. She states that she has no doubt that one of the Certificates of the Comptroller General, to wit, that which refers to 12 months service in the Militia, refers to the service of her husband.
I do not know how else it is probable for us to prove the identity in a more satisfactory manner. I trust it may be satisfactory to the Department.
I have the honor to remain Sir very respectfully
Your Most Obedient & Humble Servant
P. Hartwell
James L. Edwards Esq r Commissary of Pensions Washington

Charleston S.C.
4 April 1840
Sir
In reply to your communication of the 28 th Ult o . in relation to the claim given Mary Kelly the widow of John Kelly.
I am directed by her only surviving child, Mrs Mary D. Martin, respectfully to advise you of her wish to receive a Certificate for 12 months p er view as a private, as mentioned in your said letter, and further to state to you that her Mother died on the 25 th January 1840, and that the said Mary D. Martin is the only surviving child of the said John Kelly and Mary Kelly dec d . The Certificate of the ordinary of this Dist. sustaining these facts is herewith annexed.
I Remain Sir very respectfully
Your most obedient & humble servant
Plantersville
To Mrs L. Edward Egan Commissioner of Pensions Washington

South Carolina } ordinarys office District of Charleston } Charleston S.C.
I Thomas Lebie ordinary for the District of Charleston S.C. hereby certify that satisfactory evidence has been adduced to me to prove that Mrs Mary Kelly of Charleston dec d died on the the 25 th day of January 1840, that she left but one child surviving her, to wit, Mrs Mary D Morton the wife of John Nicholas Morton of S.C. City, and that she the said Mary Kelly also left surviving her several grand children, and that the said Mary D Morton is the only child living, or believed to be in existence of the said Mary Kelly deceased Given under my hand and the seal of my office the 14 th day of April 1840
Thomas Lebie
Ordinary for Charleston District of Carolina
I certify that the words — "or about" 6 lines of this aff t have been stricken out by me, in accordance with the due process of law. Given under my hand this 29 th day of May, A.D. 1840
Thomas Lebie
Ordinary for Charleston Dist. S.C.

Charleston S.C. 30 May 1840
Sir
I Respectfully transmit, the Certificate of the ordinary of this District, duly amended accor- ding to law, in relation to the claims of the heirs of Henry Kelly decd. the widow of John Kelly decd. in Compliance with the requisition of the department, and Remain Sir with great respect
Your most obedient and humble servant
H. Cantwell
To
James L. Edward Egelin Commission of Pensions Washington

Miss L. B. W.
Esq.
Adolphus
Mary Kelly.
James L. Edwards Esquire Commissioner of Pensions Department of War Washington D.C.

State of South Carolina
on this 14 th day of January 1840
DistRICT of Columbia
Personally appeared before the
undersigned Mrs Mary Kelly who being duly sworn according to law, Deposeth, that, in reference to the service of her husband John Kelly deceased in the Militia of S.C. during the War of the Revolution, as mentioned in her affd t as a claimant (29 th of September 1838) and as stated in Certificate of Comptroller General in relation to her case, - and to the demand of the Com re Missions of Pensions to prove the identity of her husband. Saith that her husband lived in the City of Charleston at the time of the Revolution, and that about the year 1776 after the British took Charleston he left it to reside in one of the contiguous parishes. That, he occasionally returned to the City. That, he resided in the Country as she believes two years before the fall of S.C. to the British, and that for the most and greater part of this period he was in the service, in the Militia in the Country, doing his regular tours of duty. Deponent saith he in this way performed twelve months service in the Country which added to what he done in the City & Neighbourhood would as she believes amount to two years service under arms. Deponent saith she cannot now bring to her mind the names of the Reg t or Com py save, that, he served in the Militia of S.C. Andrews Parish, nor of the officers under whom he served, but she has no doubt that one of said Certificates which refers to service in the Militia of the State, refers to her husband John Kelly's services
Witness John Hinson I swear to and subscribed before me Monday 14 th day of January 1840 10 years above written the word after the signature Fort Moultrie 12 th Commissioned - Salis Notary Public in and for the District of Columbia Pleaseth all to take notice
Mary Kelly J. H. Kelly