Revolutionary War Pension and Bounty Land Warrant Application File S. 36674, for John Kelly, Virginia

SERVICE
Kelly, John
NUMBER
S. 36674
CONTENTS

18542
Kentucky
John Kelly
Given by in the State of Kentucky who was a Private in the Regiment commanded by Colonel Wood of the Virginia line, for the term of three years
scribed on the Roll of Kentucky at the rate of 8 Dollars per month, to commence on the 11 th of August 1810
ertificate of Pension issued the 10 th of April 1822 and to the Hon. F. Johnson Sec. War
years to 4th of March 1822 342.45 semi-annual all'ce ending March 1822 48
42 25 8 31 336 6.95 2 45
$ 390.45
{ Revolutionary claim, Act 18th March, 1818. }
May 10 1820

of wh Ce lin = In = Ce = An Se
[Faint handwritten text, possibly bleed-through from the reverse side of the page]

Heretofore in and county of John Kelly a resident of said county do in conformity of the Act of the Congress of the United States, in and under the following schedule of my property and effects of every kind and description except my wearing appare- l and necessary bedding, having applied for a pension under the act of Congress of the 18 th of March 1818. three horse heads and he owns for yet $70 - seven hundred head of hogs worth $34. house lots and kitchen furniture $23. two hundred acres headright Land (not paid for) not improved very poor $50. $177.00 John Kelly.
I the said John Kelly do further state that I was a resident citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof without thereby to diminish it so as to bring myself within the provisions of an Act of Congress entitled an act, to provide for certain persons engaged in the Land and Naval Service of the United States in the Revolutionary War passed on the 18 th March 1818. and that I have not, nor has any person in trust for me any property, securities, contracts or debts due me, nor have I any income other than what is stated in the above schedule and by me subscribed. I further state that I enlisted and served in the Revolutionary War as a private soldier in Captain Matthew Arbuckle's Company of the 12 th Virginia Regiment or Continental establishment as set out in my Certificate of application of the 11 th August 1818. which was forwarded me to the War Department and returned for further evidence of services, and indigence, to which I refer for the time of enlistment, of service and discharge. I do also state that I am now in the 63 rd year of my age that I live with my family which is composed of my Wife 60 years of age, and an orphan boy named William Mcginnis aged about fourteen years that my Occupation is that of farming but from my age and infirmity I am not able to do much such work or undergo much fatigue that I am afflicted with a violent Rapture, which disqualifies and renders me

unable to undergo much labour or fatigue sworn  sworn and subscribed in Open Court, in the Barren County Court on the 16 th day of October 1820 being a Court of Record, and made so by Act of Assembly entitled an Act to reduce into one the several Acts estab- -lishing County Courts and regulating proceedings therein and concerning the appointment of Justices of the peace & their jurisdiction: approved Dec. 17 th 1796. John Kelly J Williams Logans Clerk of the County Court for the County of Barren do hereby certify that the foregoing Schedule and Affirmation thereto annexed are truly Copied from the Record of said Court: And I do further certify, that it is the opinion of the said Court that the Total amount in value of the property exhibited in the aforesaid Schedule is $177.00 one hundred Seventy Seven dollars.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court, on the 16 th day of October 1820.
W m Logans Clerk of the Court for the County of Barren
33 Dear Sir, in answer to your Memorandum on John Kellys papers - There being some Vacant & Unappropriated Land in the State of Kentucky, the Legislature passed an act that any free Male over 21 settling and improving on any Vacant Land should be intitled to 200 Acres by paying into the Treasury at the rate of $20 per 100 Acres which Claims are denomi- nated headright Claims, Mr Kellys 200 Acres is a claim of that description, he has been unable to pay the State price & obtain a Patent, it being from & not paid for was estimated at fifty dollars that added to the Balance of his property amounted in the whole to $177.00 July 13 th 1821 The Hon ble Secretary of War in exp. of my W m Logans Clk of Barren County Court

State of Kentucky Barren Circuit Court
I Richard Sammet Clerk of the Barren Circuit Court Certify that the within named, Christopher Tompkins is the presiding Judge of said Court
In testimony whereof I hereunto set my hand and affix the seal of my office this 29 th day of September 1878.
Richard Sammet Clerk
I am further to say that it was this day proven before me by the oath of William County of Barren County that the within named John Kelly is a near neighbor of his, & he is acquainted with his circumstances; that all said Kelly's property, consisting of two indifferent horse beasts, a few hogs &c is not in his opinion worth more than $100. — Relying on said County's affidavit, I am satis- fied said Kelly is in such reduced circumstances as to need the assistance of his family for support. C. Tompkins

John Kelly citizen of Boone County, Kentucky state, and disbarred on oath, That in the year 1876 he enlisted as a soldier in Capt. Matthew Johnson Kyl. Company in Col. James W. [?] Virginia [?] That he obtained a [?] from the said [?] mouth of the [?] his term of service [?] shortly after [?] not now in production? [?]
for the [?] years of age, and from [?] be ready the [?] post. [?] John Kelly
John Kelly, whose name subscribed to the Gregory [?] Kentucky, [?] oath, That the [?] contained in the [?] my hand this 11th August 1819.
Christopher Tompkins I have no personal knowledge either of the [?] [?] reason to [?] C. Tompkins

John Kelly
The certificate of the horse that this claimant did serve as stated in this declaration and that he is in such reduced circum- stances as to need the assis- tance of his country for support. War Dept Pension Office Wanting Feb. 17/1819
See enclosed form
No. 35.
No. 4.

THE CONSTITUTION.
ATLANTA, GA.
Bureau of Pensions,
Washington, D. C.
March 17, 1900.
Dear Sirs:-
My grandfather John or Samuel Kelly was in the battle of Kings Mountain and I would like to know if you have any record of any person under that name. The home of my grandfather was in Washington County, southwest Virginia.
Thanking you for this information, I am,
Very truly yours,
A handwritten signature in cursive, reading "J. Kelly", written in dark ink with a long horizontal line underneath.
To Chf. Offic Div. Action reply MAR 19 1900 COMMISSIONER. 94

36,674 Very INVALID.
File No. 36,674
John Kelly Re: Rev. Mr.
Act: 18 th March 18 th
Index:—Vol. 2, Page 220
[Arrangement of 1870.]

Feb. 3-1900
Witz. 5
N. J. Kelly - Atlanta Ga

Sir Mr John Allee - States that Mr John Kelly Left his county and went into a frontier county to get clear of Draft as I believe and from there to the point and as I never stood, and served there as a soldier Mr Allee is not disposed to swear concerning the business October 24 1862
Henry Simpson, P.

Sir
Washington City 5 th March 1822
I called at the Pension Office this morning to see the schedule of John Kelly who I was informed had been taken off or refused to be put on the pension roll on acct. of the amt. of his property - I had supposed from what I knew and had heard of Kelly that there must have been some mistake or misapprehension about the matter - and upon examining the schedule I am the more confirmed in the opinion
Mr Edwards suggests that the Land named in the schedule was the inducement to keep him off the roll - It is both claimed that Mr Kelly has not yet and I presume never will obtain a right, unless he should get his pension allowed - he appears to hold what is - call a certificate for the Land - But is a preemptive right to claim a little better land upon paying for it - but if he never pays

the price demanded by the state, he will never own the land - and I apprehend if he was able to pay for it. that he would receive only it - as such land would only ensure any mans poverty who should be confined on it - from what I have heard of it not  often the Court have Certified as its value - Indeed I should want no better evidence of its being totally valueless, than from the circumstance that no speculator in land as in all else in our country has yet seized upon it, with some other claim -
My own conviction is clear that Kells comes substantially within the Attorney General's provisions of the Law 1870. and therefore does otherwise would I solicit of you the trouble to reconsider his case
I am with high respect Sir
Yr Hble serv.
W. Johnson
North Hobart Esq K. M.

Glasgow Nov. 15 th 1822
Dear Sir I have expected to have heard from you for some time on the subject of John Kelleys pension I wished to have seen you before you left Kentucky the time you passed through my neighbourhood was so very rainy or I should have intended to have met with you I think that the understanding with us was that you was to write on and get a certificate of J. Kelleys enlistment you are convenient to the office and you can get it and forward it to me if you please There is some thing mysterious as well as unfortunate in Kelleys conduct I have been lately informed by a source that cant be doubted that shortly after he obtained his certificate of pension in his boiling moments he said that he had cheated

The United States on further inquire I find that he actually spoke of it to several persons in that way and it further appears from the recollection of some of his old acquaintances that he was actually out in the service at one time I have waited to see the certificate before I would com- mence taking depositions if he should be a live at the time you forward me the certificate and you think it advisable I will proceed to take such depositions as will afford the best evidence of the facts he still avers that he did perform the duty which he swore to he has lately become much afflicted in mind as well as body he has drunk uncommonly hard this fall and he has either lost his reason or pretends so I have thought it a fact but others charge him with hippo- -cracy to do a way the evidence that he could maintain
himself by schoolkeeping he is not able to support himself by hard labour he has been in the habit of keeping school some years past as he never would work his mental derangement will do a way the evidence of his supporting himself
altho his wife's business as a midwife is amply sufficient to support them both and she acknowl- -ed, is my opinion is that he is travelling fast to eternity and will want nothing long and it would be well to withhold the money for a while to see if he is found to be entitled to it, as it would be a fine feather in the cap of his sons in law to get that amount of cash your friend J. S. T. Johnston Mr J Johnston

The Deposition of Maryan Bell taken before me John Hood a Justice of the peace for Barren County Kentucky on the 7 th day of November 1822 as it relates to John Kelly a citizen of Barren, serving as a Soldier in the Revolutionary War. This deponent being of lawful age and first sworn deposeth and saith.
That the before named John Kelly had left the neighborhood in which said Kelly then lived, at the time of said War. and it was reported by the Neighbors that Kelly was gone into the service (to wit the war) and further this affiant states that said Kelly was absent from his neighborhood for some length of time during said War. but I do not recollect the positive time he the s d Kelly was absent. And further the Deponent saith not knowing Maryan Bell made
(Barren County to wit)
I John Hood do certify that the foregoing Deposition was sworn and subscribed to before me this day & date first written Given under my hand
John Hood
3

I can remember well brother John Kelly being from here and hearing my fiancee say he was in the army I heard them talk often about him saying they never expected to see him again I also remember when he came home and heard him talk about being in the army at the front
Elizabeth Byly

Office of State
Congress
I Robert E. New Secretary of State for the State of Louisiana Certify that Davis Hoyd before whom the within Affidavit was acknowledged was at that time President and Presiding Judge of the Second Judicial Circuit Known by the style of the Circuit Court, and that full faith and credit is and should be given to his Official acts as such.
Given from under my hand and the seal of State this 14 day of September 1820
R. N. M.
100-100-100-100-100

Charles Dyer of Harrison County in the State of Indiana on this twenty first day of September 1888 came personally before me the undersigned President of the Second Judicial Circuit in the State of Indiana and after being duly sworn according to Law deponeth and saith that in the years 1776 and until 1778 he served in the same Regiment with John Kelly that Kelly belonged to Capt. Matthew Givens Company and that the said Charles Dyer served in Capt. William Wilson Company that they both belonged to the 12th Virginia Regiment commanded by Col. Wood and further saith not. his Chas. Dyer ment
State of Indiana etc. and Presiding I Davis Floyd President of the Second Judicial Circuit do hereby Certify that Charles Dyer who has this day been sworn as above is a respectable Citizen of the County of Harrison and State of Indiana that full Credit is and ought to be given his deposition that I have no hesitation in stating that I am fully satisfied with the Service of John Kelly as stated in his Statement upon oath having inspected the written discharge of Charles Dyer given under my hand the 21st Sept 1888 Davis Floyd

the first of my acquaintance with John Kelly was about 30 years ago at William Courther Kelly hearing my name said he knew Thomas & John Smith which I knew by the description he gave of them to be my uncles he also told me of the death of uncle John by the small pox in the place and officers that they served under which I knew to be facts as they were regulars at the point where he said I knew them
15 th October 1822
William Smith
According to my best recollection I have no doubt in saying that my brother John Kelly did serve a term of duty I recollect my father grieving after him in his absence Sister Wilson frequently told me in her life time that she remembered his coming to my father's after serving a term of duty
Mary Ritter
I have been acquainted with John Kelly 30 odd years and from my first acquaintance with him I heard him talk of his being in the army at the time
Joseph Ritter

G'p
Barren County October 5 th 1822
Mr John Kelly called on me to solicit my aid in respect to his claim as a pensioner, having served as a soldier in the revolutionary war, he presented me a letter addressed to you from the board of war at Warrenton, stating that from the representation of Mr Joseph T. Gurnell of Barren County, it became necessary that an investigation should take place, whether or not , Mr Kelly be the same person who being enrolled on the revolutionary list of soldiers, I am apprehensive that Mr Kelly cannot at this distant period of time give us positive proof of the facts required as he could not find from the circumstance of his principal witnesses being dead, It seems that he has presented to the board of war his Captain's Certificate of his services, accompanied with a schedule of his property, with his affidavit as relating thereto - and otherwise, Mr Kelly seems to think he can produce other proof of -

of a strong presumptive nature that will operate in his favour - his discharge be lost. yet he states that he can make it appear, from almost undoubted circumstances that he had one - On Mr Kellys applying to me to assist him in the investigation required by the letter to you, I informed him I was not so well acquainted with the nature of such business as to authorize me to point out to him the course to pursue - I applied to Judge Tomkins, he professed to be uninformed - whether or not there be any acts of Congress as relative to investigation of the kind - I presume is best known to you - If not, I am induced to believe you are more addequate (than what I profess to be) to the advising of Mr Kelly - how to proceed in the investigation - required - on such subject you please to write to Mr Kelly what course to take - and if

can be of any service to him in the business, I will mention with pleasure - Mr Kelly bears the character in his neighbourhood of an honest and upright man, and I have every reason to believe from my long acquaintance with him that he is a man of veracity & truth - and that what he has stated to the board of war on the present subject to be correct from what I have been informed I am induced to believe that Mr Gunn's interference has been more  rather from animosity than from any disposition to avoid information as so I am dear Sir your very Obedient Sir
Alex d Spotswood
Pl.
It probable this will be presented you by the Rev d Mr Jacob Warland whom if you are not acquainted with I beg leave to introduce to you friendly notice

Waukesha Wis Decr 8 th 1822
Mr. Johnson Esq.
My dear friend agreeable to your direction I have gotten Mr. Kelly to empower your honor with full & complete authority to draw his pension from the united states which you will please attend to for an old soldier and a man who defended his country in the hour of danger and spent the prime of his life in his country's cause and a man who at present you must know is in a state poverty and derange- ment he is almost entirely delirious and has become a complete charge to his friends and its with difficulty we can prevent him from running into the woods or burning himself up and is daily becoming more so. in short he is an object of charity and I know you have it in your power to aid the poor

and needy as well as the afflicted and I hope you will do so if you are of opinion it is your duty! You will if you draw the money please send an enclosed $20. or 30. to me and the balance you can draw and use until your return in the spring when you can replace it
You can for a trouble pay yourself out of the money drawn it is proper you should be paid & I am more than willing to do so. and I know you will be rewarded by the donor of all good in a coming. If there should any paper be hung which will be necessary to enable to complete the object you will inform me immediately & will forward them on please inform me soon of the sale of the business I submit the matter to your honour who will I know do the business just right. yours sincerely Thomas Harkness

The Deposition of Mary Ritter taken before me John Glover Justice of the Peace for Barren County Kentucky, on the 7 th day of November 1822, as it relates to John Kelly a Citizen of Barren: serving as a Soldier in the Revolutionary War; This deponent being of lawful age and first sworn deposeth and saith That from every information this affiant believes that the before named John Kelly served on a campaign but not positive recollect that it was in the War before named And further this affiant states that from information the Captain's name was Arbuckle which S r Kelly served under,
And further this deponent saith not
Mary J. Ritter mark
(Barren County to wit)
I do certify that the foregoing Deposition was sworn and subscribed to before me on the day & date first written Given under my hand &c

M c J. Johnson Sir from an Examination of M c John Kelley's papers I feel Satisfied that he is entitled to the pension and as to the letter of M c Tunstall to that War office I think it probably arose from prejudice Given under my hand this 21 st day of October 1822 John Hamilton
App d J. Johnston Sir I am fully satisfied as to John Kelley's services and am of opinion that M c Tunstall's letter arose from prejudice as there has been a misunderstanding for some years past between them Jacob Harlan

I have heard that Mr. John Kelly has and Mrs. John Kelly did serve a term in the army he believed it was a militia term in this he he was not so much mistaken but in the first place he enlisted in the regular service and after he came home a year or so there came on express in the time of the taking of Fort- Wallis for every man and my husband William Bell, John Kelly and Joseph Hase were capt- ured and Joseph Hase ran away from the company and as I understand says my husband and John Kelly with some more in company was sent back after him and when they overtook him he refused to return till they foreed him by whipping some years after this Joseph Hase married John Kelly's sister and Mr. Hase hearing of this circum- stance I suppose has an allusion to that part tho' they did not join the army as I understand but knows not them that Fort Wallis was taken, remember these things well being some time a married woman the age of Wally I cannot particularly be but Judge he could not have been more than 11 or 12 years old when John Kelly was in the service as a regular I was acquainted with Kelly at that time and have been ever since and never heard his regular services disputed before - - 19th Oct 1822
Polly Bell

Suspended see letter to applicant 3 rd Aug: 1822.
This case has not been, nor is it to be, reported to the A- gent for paying Pensioners until a further investiga- tion of the claim —

We hereby certify that John Kelly served as a soldier during the term of his enlistment in Captain Matthew St. Clair's Company of the Virginia Line in the Continental establishment in the Revolutionary War, and was early discharged. Given under my hand this 12th Day of September
1814
Wm. H. [unclear] late Capt in said Regiment

iv
Washington
9 th Jany 1823
Sir and I send you a number of papers relating to the claim of John Kelly to a Pension - It ap- pears to one of the Mr Alleys upon whom information has been furnished that myself personally was first induced to write you to suspend the Pension referred to share any thing upon the subject - (see the certificate of the Magistrate Henry Sympson) - I have heard much said in favor of Mr Kelly being entitled to the Pension and much of it. I have examined the Rolls of Revolutionary Soldiers - I find the name of Charles Deyo the Witness who proves Kelly's services - and the statements of facts corroborated by the Rolls as far as it goes - On all lands I believe it is admitted that Kelly was a soldier in the War in some character or other - for my own part, I entertain no doubt, but he is fairly & justly entitled to the Pension - the circum- stances & the evidence seems to be sufficiently conclusive of the fact - with consideration of Very resp t & Respectful Servant Yr Affec t Son J. C. Calhoun
Dr Johnson

18542
Kentucky. —
John Kelly,
of Warrenton in the State of Virginia who was a Private in the Company commanded by Captain J. H. Blackburn , of the Regiment commanded by Colonel Wood in the Virginia line, for the term of 3 years 1776
Inscribed on the Roll of Howland at the rate of 8 Dollars per month, to commence on the 11 th of August 1818.
Certificate of Pension issued the 10 th of April, 1822 and sent to Sam l C. Johnson, Bureau of Pensions.
 Arrears to 4th of March 1822 42 3/4 per cent $342.45 Semi anl. all'ce ending 1st Sept 1822 3 1/8 — 
$390.45
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }