Charles City Virginia May 13th 1878
Sir,
I herewith transmit to your 
Department the affidavit &c of John Kilby 
one of the few survivors of those who 
participated in the sanguinary contest between 
the Bonne Homme Richard and the Serapis -
at an early period of our Revolutionary 
war. He has ever been respected as one of 
the most gallant of men, and nothing could have 
driven him to this application but the necessities 
of a numerous family and his own 
advanced age. The application may not 
be precisely in the form required by your 
Department, but I presume you will prefer 
substance to form. In regard to the 
signature of the Judge not being accompanied 
by the seal of the court-that difficulty is 
readily gotten over when I inform you that 
our superior courts in this State have no seal 
at this time nor ever have had one. By way 
of conclusion suffer me to remark that I have 
always understood that Kilby did serve in the 
action before mentioned and never have heard it 
doubted. And the testimony herewith furnished

Charles City Virginia May
13th 1818

Sir,

I herewith transmit to your 
Department the affidavit &c of John Kilby
one of the few survivors of those who 
participated in the sanguinary contest between 
the Bonne Homme Richard and the Serapis - 
at an early [period] of our Revolutionary 
war. He has ever been respected as one of 
the most gallant of men and nothing could have 
driven him to this application but the necessities 
of a numerous family and his own 
advanced age. The application may not 
be precisely in the form required by your 
Department, but I presume you will prefer 
substance to form. I regard to the 
signature of the Judge not being accompanied 
by the seal of the court, that difficulty is 
readily gotten over when I inform you that 
our superior courts in this State have no seal 
at this time nor have ever had one. By way 
of conclusion suffer me to remark that I have 
always understood that Kilby did serve in the 
action before mentioned and never have heard it 
doubted. And if the testimony herewith furnished

be not satisfactory of itself, you will find it fully 
corroborated (I am instructed to say) by reference to the 
Navy office and calling for certain recommendations 
forwarded to that office three or four years 
ago, for some employment in the Navy.

I have the honour to be 
Your Most Obedient
John Tyler



The Honorable
J. C. Calhoun