Revolutionary War Pension and Bounty Land Warrant Application File R. 5839, for David Kelley, New York
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Service
New York
Kelley, David
Number R.5839
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34.434
David Kelly
NY
Act 7 June 1832

Vol 9-12-27 - 1777.1778.1779
in 1779 -$3.42
-38-1780

5839

Hon A. J. Parker
HR
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State of New York
County of Delaware

On this twenty seventh day of February 1838 personally appeared before the judges of the Court of common pleas, at a court of common please held at the Court house in Delhi in and for the said County of Delaware, David Kelly of the town of Middletown in the said County of Delaware, aged eighty seven years on the 25th day of February instant, 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 7.1832:

That he enlisted in the army of the United States at a place called Frederickstown in the County of Dutchess in the State of New York where he there resided. That by reason of old age and consequent defect of memory he cannot state precisely the time when he enlisted, and entered the service; nor with exactness (except by a reference to the events and circumstances) the length of time that he served __ and therefore he sets forth the following circumstances to give the time as nearly as his recollection will enable him to do it. Soon after the British troops had taken possession of New York an alarm was excited at Frederickstown when this Deponent there was, by a report that the British
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officers in New York had sent word to a person residing in Fishkill to have dinner ready for them on a certain day in about three weeks, at which time they intended to be there. --- That Col. Fields an officer in the service of the States on hearing this report commenced an enlistment of soldiers in Fredericktown for the continental service -- That this Deponent enlisted under him at that time -- one of the circumstances fresh in the memory of this Deponent, being the manner in which Col. Fields tried to quiet the fears of the inhabitants, as to the threatened visit of the British troops, by telling them, among other things, that "if the British officers went to Fishkill to dinner they would take supper in hell." -- That this Deponent soon after his enlistment went into actual Service, and was stationed for some time at Peekskill, and also at Rhinebeck and other places on the North river in guarding the river under the Command of Captain Joseph Dykeman who belonged to Col. Fields' regiment -- that he was encamped in their service at different stations from Rhinebeck to White Plains during this term of enlistment which was for three years, and that he continued to serve under the same Captain and in the same regiment until te news arrived of the taking of Burgoyne -- That this Deponent when he enlisted had a family, and during occasional absences from the service to visit his family
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During the three years of his enlistment [illeg] "a substitute to supply his place but that the terms of such [illeg] would not in all amount to more than one half of the [illeg] enlistment. And this Deponent further states that he never received any part of the pay to which he was entitled for his services above set forth. He hereby relinquishes every claim whatsoever 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. Sworn to and subscribed the day and year aforesaid.
David Kelley [signature]
Sworn to & Subscribed in open court
February 27, 1838
C. B. Sheldon Clerk
And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states.

I Crawford B Sheldon Clerk of the Court of Common Pleas in and for the County of Delaware in the State of New York do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Kelley for a pension. In testimony whereof I have hereunto set my hand and seal of office this twenty seventh day of February 1838.
C.B. Sheldon Clerk [signature]
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Rev. War Section.

June 30, 1923

Burdett Kelly,
P.O. Box 384
Kingston, N. Y. 

Sir:
I have to advise you in response to your letter of the 13" ultimo, that from the papers in the pension claim, R. File 5839, it appears that David Kelley was born Feb. 25, 1751, place not stated. While living at Frederickstown, Dutchess Co. N. Y. he enlisted soon after the British took New York and served in Captain Joseph Dikeman's Company, Colonel Field's Regiment until after news arrived of Burgoyne's surrender, except when visiting his family when he hired a substituee. [sic] He applied for pension Feb. 27, 1838, while living at Middletown, Delaware County, N.Y. but his claim was not allowed as he failed to furnish proof of six months military service as required by the pension laws. There is further data on file as to his family.
Respectfully,
Washington Gardner [signature]
Commissioner.
[handwritten note along left margin] Office Note:  N.Y. [illeg] Rev. Ternord swore this man in this service but no dates. Adj. Gen's report belonging to Burdett Kelly which was returned to him shows payment in Field's Regt [symbol - might be a pound sign] 1.87.D4 (hence word alleged not used by me)
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34,434
N. York
David Kelly
let to Hon. A. J. Parker [illeg] '38 [crossed out]
Let to Hon. E. Sherrill [crossed out]
March 23 '48
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REJECTED
5839
P.O.
David Kelly
Service:
Enlisted: ____________, 18
Discharged: ________, 18
Application Filed______, 18
Alleges: [crossed out] The printed list of 1852 gives cause of suspension as "He did not serve six months."
Re-enlisted: [crossed out] 
Attorney: 
P.O.
Recognized. Contrac
Cert. of Dis. Searched for ________, 18
[handwritten left margin] 1923 June 30 Sent to Burdett Kelly. [initials]
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P.O. Box 324, Kingstown, N.Y.? May 13, 1925

The Commissioner of Pensions,
Washington, D. C.
Dear Sir:
I am inclosing herewith copy of correspondence with the War Department relative to the official record of one David Kelly, who was born in Putnam County, N. Y. and served in the Revolutionary Army. After his discharge from the Army, the said David Kelly located at Haloottville, N.Y. [handwritten insert] (Delaware Co)
I will be very grateful for any information you may have in your files which will help to establish the military record of said David Kelly.
Yours very truly,
Burdett Kelly [signature]
Burdett Kelly

[handwritten lower left corner]
returned 
Halootville & Middletown are together on map
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Hon. J. L. Edwards Coms. of Pensions Sir I have appointed Arad Joy of Ovid New York my agent to investigate my claim to a pension, you will please correspond with him,  I made my application from Delaware Co. N. York laws of 1832.
Hiram Kelley witness
David Kelley his name
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Washington March 2 1838
Sir
Enclosed I find your letter I see some days since and at the time overlooked. Whether this man asks more than the Department is in the way of granting you will decide for yourself.
Yours Respectfully,
E. Sherrill
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Pension Office
March 23, 1848

Sir
I have the honor to return herewith Mr. Joy's letter and to enclose you a copy of my report to Hon. A. J. Parker dated 24 March 1838 in the case of David Kelly which bill is the only action had upon his claim by this Department.

Hon. E. Sherill
House of Reps.
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House of Reps.
March 13, 1838

J. L. Edwards, Esq.
Comm of Pensions
Sir
I enclose you the papers of David Kelly of Delaware Co. N.Y. an applicant for a pension.
Yours Very Respectfully,
Amasa J. Parker
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War Department Pension Office
March 27, 1838
Sir
The  papers of David Kelley [crossed out - "an applicant for"] enclosed in your letter of the 13th who applies for a pension under the act of June 7th 1832 has been examined and placed on file - The claimant states that he enlisted as a private in Capt.  [crossed out "Benjamin"] Dyckman's company Col. Field's regiment for three years [illeg followed by crossed out] his term of enlistment except when on visits with his family when he hired a substitute. To which it is objected that there were no enlistments in Col. Field's regt. [crossed out - "It was composed of"] The militia of which that regt was composed was only occasionally [crossed out] called out in almost every instance dismissed immediately after the special occasion for the call had subsided. The notes of Capt. Joseph Dyckman's company [the remaining text of the document is X'ed out and/or the words and sentences are crossed out. What follows is what could be extracted and ellipses are inserted when text within what could be extracted could not be deciphered] in this office of  which there are notes in this office embracing the years 1777, 1778, 1779 & 1780 no priority belonging to the company was in . . . no evidence of the deponents services during that period. . . . over two month is may be added . . . that the name of the claimant is not borne on the roles of the company at all.
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embracing the years 1777.1778.1779 & 1780 furnish no evidence of claimants revolutionary service. [the next three lines are crossed out] But leave what seems to be an unsurmountable objection to this claim that no private belonging to the campaign was in actual [illeg] during the [crossed out] over two months during [illeg] that period.

[Along the left margin] 27 March 1938

Possible initials

[Lower left corner]
Hon. A. J. Parker
House Reps
NY
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No 2947
Power of Atty
David Kelly
NY

FREE [stamp]

Hon. J. L. Edwards
Court of Pensions
Washington DC
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Ovid N.Y. Nov. 24 '47
Sir
I enclose my authority to act in the case of David Kelley, if I may, I beg leave respectfully to ask; what services he declared for & how his case started.
Respectfully,
Your O[bedient?] Servant
Arad Joy

Hon J L Edwards
Court of Pensions
Washington DC