Revolutionary War Pension and Bounty Land Warrant Application File S. 1680, for Richard Kelly, Virginia

SERVICE
NUMBER
Va.
Kelly, Richard
S. 1680
CONTENTS
carded.

22067 Sturtevant Stump
Richard Sturtevant who was a private in the State of Vermont who was a private in the 1st Vermont by Captain Hicken of the 2d regt commanded by Col Clark in the War of 1812 time for 7 months
Inserted on the Roll of Sturtevant at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Sept 1833 and therefor Sturtevant Sturtevant Arrears to the 1st of Sept 38, 32 Pension, allowance ending 4 March 11 66 $69.98
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by David Lloyd Clerk, Book 6 Vol. 1 Page 176

State of Tennessee Carter County
On this 13 th day of August 1883 personally appeared in open court before the Justices of the Court of Pleas & Quarters Sessions for said County now sitting Richard Kelly a resident of said County aged seventy two years who being first duly sworn according to law doth on his oath make the following declara- tion in order to obtain the benefit of the act of Congress passed the 7 th June 1832, that he entered the service of the United States under the following named officers and served as here in stated town that he was born in Frederick County State of Virginia on the 26 th day of March 1763 according to the traditional account as as also from the record of his age in his father's family bible, now in his possession; that he was raised in said County of Frederick and there continued until the year 1780 when in said year on the first of July he substituted in the place of one Martin Coleman who was drafted to perform a turn of duty in the Virginia Militia & enrolled himself under Capt. Lewis, Kirk man, Col. George Clarke, head commander & Cols. Logan & Lynn each subordinates, that he marched to the falls of Ohio and thence to Chillicothe, (so called at that time) tho' a different place from the present Chillicothe, that the object of the expedition

was to relate four hundred British prisoners which had been taken and conveyed in that direction, that the Indians burned what was there called Chelacotha (their town) and had embodied at Peckaway town, and made ready to leave, and an engagement took place and the Indians were routed & driven back - that among the scarcely of prisoners, the men had great difficulty to subsist and amidst starvation subsisted by hunting after they got out of the Indian settlements, and he returned home in November, that part of the way he was sick and difficult to travel, that he was verbally discharged after performing his tour being four months, besides the time of returning him Again in 1781 1 st of March he was drafted to perform a three months tour of duty in the Virginia Militia and enrolled under Capt Joseph Lengacre, Col Gholson was the Colonel, and was at Winchester Barracks some time & marched with the prisoners from Winchester Barracks where they were guarded, to Lancaster in Pennsylvania where exchanged, and obtained his discharge for the three months tour guarding at the Barracks & returning to Lancaster the prison- ers, for which he obtained his discharge from Capt Lengacre, and which discharge he left with one Matthew Cumpston who removed to Kentucky & took his discharge with him.

and he has neither heard from him since nor been able to obtain his discharge which was for three months tour of duty. being in the two tours seven months. He hereby relinquishes every claim what ever to a pension or annuity except the present & declares that his name is not on the roll of the agency of any state. That he has no documentary evidence, nor does he know of any person by whom he can establish his said service, but that George Emmett Esq and George Lacey are friends well known to him & he to them & by whom he can establish reputation of his service, there being no minister of the Gospel resident in his vicinity by whom he can establish the facts requested by the War department. I soon to be published in Richard Kelly open court this date first week.
Test Geo Williams Clk By Geo Williams Deth Aug. 12 th 1833 13 th day
We George Emmett & George Lacey rendering in the County of Carbon State of Tennessee do hereby certify that we are well acquainted with Richard Kelly who has subscribed hereto the foregoing declaration that we believe him to be seventy years of age - that he is respected & beloved in the vicinity where he resides, to have been a revolution- ary soldier & that we concur in the opinion soon to be asked above.
Test Geo Williams Clk By Geo Williams Deth
Geo. Emmett George Lacey

And the said Court as hereby declared their opinion after the investigation of the matter and after putting the interrogatories recd. prescribed by the war department that the above named applicant was a revolution- ary soldier & served as he states, and the Court further certifies, that it appears to them that George Emanuel Esqr & George Sacey who signed the head- ing certificates are reputable persons & their statement entitled to credit Subscribed & sealed in open Court this 13th August 1833.
David Williams
John Richardson John P. Lewis George Williams clerk of the Court of Pleas & Sessions Quarter Sessions for the County of Martin do certify that the foregoing contains the original proceedings in the matter of the application of Richard Kelly for a pension In testimony whereof I have hereunto set my hand & affixed my seal of office this 13th day of August 1833
G. Williams Clk By G. C. Williams Deft
W. Kelly M.C. 30
for Jamesborough agency sent by J. O'Brien
26. 10. 33

26.604
Rich Kelly Carter Co. Tennessee
from 1780 private of units $23.33 100
Hon John Blair Jonesboro Tenn

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 subjuncted notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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, showing the Service of Richard Kelly
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the field officer 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.     1780 4 Pt Capt Hickman Col. Clarke 70 Va Traditions   1781 3 " Capt Langane Col. —  
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 (n) 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 evidence.
[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 made. 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 to the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deponeth 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 _____; 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 petitioner 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. and 1812 Wars Section AKE/esl
January 4, 1930
Mr. John Alexander Kelly Haverford College Haverford, Pennsylvania
Dear Sir:
I advise you from the papers in the Revolutionary War pension claim, S.1680, it appears that Richard Kelly was born March 26, 1763, in Frederick County, Virginia.
While residing in said county, he enlisted July 1, 1780, and served four months in Captain Lewis Hickman's Company, Colonel George Clark's Virginia Regiment and was in the expedition to the Falls of the Ohio and the battle of the Pickaway Towns.
He enlisted March 1, 1781, and served three months in Captain Joseph Longacre's Company, Colonel Chilcrest's(?) Virginia Regiment.
He was allowed pension on his application executed August 13, 1833, while a resident of Carter County, Tennessee.
There are no data as to family.
The above noted Richard Kelly or Kelley is the only soldier of that name found on the Revolutionary War records of this bureau.
Very truly yours
E. W. MORGAN Acting Commissioner.

By John Blair AUG 19 P.O. BOX 104
FREE
Unpaid
James L. Edwards Esq. Commissioner of Pensions Washington City D.C.
26. 104. 605 606

Jonestown Tenn ee
August 15 th 1833
W m Edwards Esq r
Sir:
Enclosed you will receive the Pension claims of John Rains, James Campbell, Richard Kelly & Edward Moody which are all convenient to the Jonesboro' agency & to be placed in that agency when allowed
respectfully yours in old serv t John Black

Rev. and 1812 Wars Section AWF/eel
January 24, 1930
Mr. J.A.Kelly Haverford College Haverford, Pennsylvania
Dear Sir:
I advise you that in order to obtain the date of last payment of pension, the name and address of person paid, and possibly the date of death of the Revolutionary war pensioner, Richard Kelly (S.1680), you should apply to the Records Division, General Accounting Office, Washington, D.C., citing all of the following data:
Richard Kelly, Certificate No.22067, issued September 30, 1853, rate $23.33 per annum, commenced March 4, 1831, Act of June 7, 1832, Jonesborough, Tennessee Agency.
Very truly yours
EARL D. CHURCH Commissioner.

Rev. and 1812 War Section.
Q13
April 7, 1925.
Mrs. Oscar Anderson, Hotel Fort Des Moines, Des Moines, Iowa.
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim, S. 1680, it appears that Richard Kelly was born March 26, 1763 in Frederick County, Virginia.
While residing in said county, he enlisted July 1, 1780 and served four months in Captain Lewis Hickman's Company, Colonel George Clark's Virginia Regiment and was in the expedition to the Falls of the Ohio and the battle of the Pickaway Towns.
He enlisted March 1, 1781 and served seven twelve months in Captain Joseph Longacre's Company, Colonel Chiloreast's (?) Virginia Regiment.
He was allowed pension on his application exe-

outed August 13, 1833, while a resident of Carter County, Tennessee.
There is no data on file as to his family.
The above noted Richard Kelly or Kelley is the only soldier of that name found on the Revolutionary War records of this Bureau.
Respectfully,
Commissioner.

Rev. & 1812 Wars Section, Awf/eel
JOHN ALEXANDER KELLY HAVERFORD COLLEGE HAVERFORD, PENNSYLVANIA
Jan. 21, 1930
Mr. E. W. Morgan, Acting Commissioner, Bureau of Pensions, Dept. of Interior, Washington, D. C.
My dear Sir:
I thank you for your letter of Jan. 4, giving me the data I requested on Richard Kelly. As I am applying for membership in the S. A. R. through him, I should appreciate your letting me know whether the papers concerning his pension claim indicate even approximately the date of his death. He executed a deed on August 10, 1850; according to family tradition, he died in 1853. If your records throw any light on this or other points regarding him, I should be glad to know it.
Very truly yours,
J. A. Kelly

JOHN ALEXANDER KELLY HAVERFORD COLLEGE HAVERFORD, PENNSYLVANIA
Nov. 16, 1929
Department of the Interior, Bureau of Pensions, Washington, D. C.
Gentlemen:
Will you please let me know whether there is on record an application from Richard Kelly (or Kelley), of Carter County, Tennessee, for a Revolutionary War pension? He was still living in August, 1850, but died within a few years after that date, I understand, at about 95.
Will you be so kind as to let me know whether the record might be at Nashville, Tennessee, if it is not in Washington.
Sincerely yours,
J. A. Kelly

OSCAR ANDERSON REPRESENTATIVE SIXTH DISTRICT DECATUR COUNTY LAMONI, IOWA
State of Iowa House of Representatives FORTY-FIRST GENERAL ASSEMBLY Des Moines
COMMITTEES APPROPRIATIONS WAYS AND MEANS BANKS AND BANKING SCHOOLS AND TEXTBOOKS INSURANCE PUBLIC UTILITIES ELECTIONS ENROLLED BILLS
Hotel Fort Des Moines Des Moines Ia March 27-1925
Genl. Penson (Dept.) Washington D.C.
RECEIVED MAR 31 1925 OFFICE
Dear Sir: - Can you send
me the record of Richard Wiley of Virginia who served in the Protection Nat. The few items I have seen concerning him was that he remained in England. Maria Gibbs in 1731 and came to this country soon after, settling in Virginia where he served in the Patriot War. It will be very natural for any items concerning him that exist elsewhere. (Richard Wiley) Hotel Fort Des Moines Ia. March 27-1925 Oscar Anderson

1925-Apr. 7. Hiet to Mrs. Oscar Anderson - Aunt. 1930 Jan. 4 Hiet to J. A. Kelly as 1930 Jan. 24 Mr. J. A. Kelly adv. as the date of last pay - etc.
Rev Stat.
1680  INVALID.
File No. 1680  Richard Kelley  Pres. Va. Line
Act June 7, 1882
Index:—Vol. a , Page 201
[Arrangement of 1870.]

BOUNTY LAND WARRANT RECORD CARD*
NAME Kelly, Robert GRADE Private LINE New York
WARRANT NUMBER 7348 ACREAGE 100 ISSUED Feb. 7, 179- (tom) To William Thorne, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.