Revolutionary War Pension and Bounty Land Warrant Application File R. 5844, for John Kelly, New Jersey
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-1776)
SERVICE
[hand written] New Jersey | Kelly, John

NUMBER
[handwritten] R. 5844

CONTENTS
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29.562.
John Kelly
New Jersey

Return [illegible]

J. L. Miller Esq
Jersey City
NJ

and May 21 - 1834
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WAR DEPARTMENT,
Pension Office,
8 Feb 1834

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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will shew 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 compling with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of John Kelly

[column headings: Period when the service was rendered | Duration of the claimant's service. | Years. | Months. | Days. | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported. |]

April 1774 | | | | | | Cap. Van Waggoner  Major_______ | 86 years 7. Months Bergen County N.J. | [illegible] of a living witness

I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
Revolutionary War commenced 19th April 1775
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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, mucicians 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 
County of                              ⎬ ss.

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
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3
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 (m) 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 traditionary 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 enquiry 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 guidance.
[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 had. 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 in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth 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 ____________; 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 pensioner 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; [underlined:] 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.
-> The notes from [a] to [i] are all equally applicable to the case of Militia men, Volunteers and State Troops. The proof required by rule is note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact. 
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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29.562-
Application [illegible] of
John Kelley
a Revolutionary Soldier

[illegible initials] Department of War, will
address John Kelly case of
[illegible] Jersey City N. Jersey
Page 7

State of New Jersey}
County of Bergen}

On this Twenty Seventh day of November In the year of our Lord, one thousand Eight
Hundred and thirty three, personally appeared
Before me Peter Sip one of the Judges of
the Inferior Court of Common Pleas in and for the County of Bergen aforesaid, John Kelly
a resident of Paramus in the Township of Bergen in the County of Bergen and State of New Jersey aged Eighty Six years & Seven months 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 entered the service of the United States under the following named officers, and served as [illegible] stated.
He entered the service in the year seventeen Hundred seventy four, in the month of April, in the New Jersey Militia, under the command of
Captain Jacob Van Waggoner, Matthew Newkirk Lieutenant, in Major [illegible's] Battalion. He left the service as above stated in the year Seventeen Hundred and seventy six, two or three weeks before the 4th of July in that year, when Independence was declared, as near as he can recollect.  During all which intermediate time he continued in said service
He resided in the Township of Bergen in the
County of Bergen and State of New Jersey
when he entered the service. He was a
Volunteer.  He marched from New York
to the English Neighborhood in the county of
Bergen State of New Jersey, and from there
to Elizabeth Town in the same state.  He
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served with the continental company commanded by Capt John Mead which was a
part of General Washington and General
Green's Troops.
He knew Capt John Mead -General Washington and General Green
He has no Documentary evidence. But
Garret Van Riper of the township of Bergen
in the County of Bergen in the State of New Jersey knows of the services of this deponent
Deponent was born in the year 1747 in the month of April in New York, but he has no record of his age.  He lived in the Township of Bergen in the County & State aforesaid since the revolutionary war, and still lives there

He hereby relinquishes any claim whatever to a Pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State or (if any) only on that of the agency of the State of New Jersey

Sworn to and Subscribed the day & year aforesaid
[signature] John [his mark] Kelly

[signature] Peter Sip
day & year aforesaid
Judge of Common pleas
in the County of Bergen
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Before me Peter Sip one of the Judges of the
Inferior Court of Common Pleas in and for the County of Bergen aforesaid, personally appeared Garret Van Riper, of the township of Bergen in said County, aged Eighty three years and Nine months who being by me duly sworn, on his oath saith, that he is acquainted well with the above named applicant John Kelly- that he knows of his personal knowledge of the services of the said John Kelly as above set forth by him- that the deponent served in the same Battalion
commanded by Major Gutches at the same time deponent was in the company commanded by Henry Cooper- and marched with it from New York to the English Neighborhood and from there to Elizabeth town in the State of New Jersey
The said John Kelly was in the company commanded by Capt. Van Waggoner of the same Battalion as deponent verily believes-
[signature] Garret [his mark] Van Riper

Sworn & Subscribed this 4th day of December AD 1833
Before me

[signature] Peter Sip
Judge of the common pleas for the County of Bergen

I the said Peter Sip do herby Certify that the above named Garret Van Riper is an old and respectable resident of the township of
Bergen in the County of Bergen aforesaid
and do declare my opinion that his statement
is entitled to full credit and belief
Witness my Hand the day & year above written
Dec 4th 1833
[signature] Peter Sip
Page 10

Mr. Benjamin C Taylor a Clergyman residing in the Township of Bergen in the County of Bergen and State of New Jersey aforesaid, and Cornelius Van Winkle residing in the same Township County and State, hereby Certify that we are well acquainted with John Kelly who has subscribed and sworn to the above Declaration; that we believe him to be Eighty six years of age; that his is enlisted and believes in the neighborhood when he
[illegible] to have been a Soldier of the Revolution, and that we concur in that opinion

Sworn and Subscribed the day & year aforesaid

[signatures] Cornelius Van Winkle
Benjamin C. Taylor
Pastor of Ref. Dutch Church at Bergen N.J.

And I the said Peter Sip one of the Judges of the said Inferior Court of Common Pleas, hereby declares any 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 I the said Peter Sip Judge as aforesaid
do further certify that it appears to me, that
Benjamin C. Taylor who has signed the preceding certificate is a Clergyman resident in the Township of Bergen aforesaid, and that Cornelius Van Winkle by who has also signed the same is a resident in the same township of Bergen, and is a credible person, and that their statement is entitled to credit.

And I do also Certify, that the said applicant,
John Kelly cannot from bodily
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infirmity, attend the Court of Common Pleas, in
for the County of Bergen.
In testimony whereof, I have hereunto set my Hand this fourth day of December, in the year of our Lord one thousand Eight Hundred and thirty three.
[signature] Peter Sip Judge

State of New Jersey
County of Bergen

I Abraham Wistovelt Clerk of the County of Bergen, and Clerk of the Inferior Court of Common Pleas in and for said County
Do hereby certify the above named Peter Sip
Esquire is a Judge of the Inferior Court of Common Pleas in & for said County of Bergen
and that the said Inferior Court of Common
Pleas is a Court of Record, and that the
signature annexed is the genuine signature of the said Peter Sip.

[Blurred Seal]
In Testimony whereof I have hereunto set my Hand and affixed the seal of the said Court this
tenth day of [crossed out: November] December AD Eighteen Hundred and thirty three
[signature illegible] Clerk
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Rev. War Section.             [initials] aw

April 22, 1923

Gen. Frederick Gilkyson,
Adjutant General of N. J.
Trenton, N. J.

Sir:
In response to your letter of the 17th instant,
you are advised that relative to the Revolutionary War pension claim, Rejected File 5844, of John Kelly of Bergen Co. N. J. that in the affidavit of Garret Van Riper, he stated, that he the deponent served in the company commanded by "Henry Cooper" and the battalion commanded by "Major Gutches", and that John Kelly was in the company commanded by Capt. Van Waggoner of the same battalion.

Very respectfully,
[illegible faded signature]
Commissioner.
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New Jersey
John Kelly
Suspended
5844
And J. D. Miller, May 21 1834.
[illegible] 35 Peter Bentley
Page 14

[crossed out]: Acts of July 14, 1862, and March 3, 1873.

[stamp]: REJECTED
[written down the left side vertically]: 1922 Apr. 22.  Adj. Gen of N.J. advised as to Off. of G. Van Riper. aw.

[handwritten] 5844
P.O.
[handwritten] John Kelly
Service:
Enlisted:                 ,18
Discharged:            ,18
Application filed:    ,18
Alleges:
Re-enlisted:
Attorney:
P. O.

_______Recognized.   ______Contract
_______Cert. of Dis. Searched for [illegible]___, 18
Page 15

IN REPLY REFER TO
No.
STATE OF NEW JERSEY
OFFICE OF THE ADJUTANT GENERAL     L
TRENTON April 17, 1922.

Bureau of Pensions,
Washington, D. C.
Gentlemen:

Pension transcripts on file in this office show
that one GARRET VAN RIPER acted as a witness in connection with the rejected claim of John Kelly, who served in the Bergen County Militia.

From the wording of our reference it is impossible to determine whether Van Riper means that he himself performed the service he mentions, or whether he means that it was performed by Kelly.

Will you please be good enough to advise me
which is correct?

Very truly yours,
[signature] Frederick Gilkyson
FREDERICK GILKYSON,
The Adjutant General.

[seal] PENSION U S. OFFICE
F
APR 18 1922
Page 16

Jersey City April 21st 1835
[illegible]
I am requested by Mr John Kelly to write you
respecting the application made by him for a pension under the late law of Congress as I understand him he states that the papers have been sent on for near a year to the War Department and he can get no
satisfaction of the result of the application. Mr Kelly is a resident of Bergen County and as far as I can learn is entitled to a pension and has applied to me to aid him in the final obtaining of the pension, I wish you would be so kind as to let me know in what situation the Business stands in your Department and what steps are necessary to be taken in order to further the same by letting me know as early as convenient will much oblige your obedient & humble
Servant Peter Bentley
[faded signature William illegible]
[signature] J L Edwards Esquire
Page 17

State of New Jersey
County of Bergen     ⎨ [illegible initials]

on this twelfth day of April one thousand Eight Hundred and thirty four personally appeared Before me Peter Sip one of the Judges of the Inferior Court of Common Pleas in and for the County of Bergen aforesaid John Kelly, mentioned & named in the Declaration and
papers hereto annexed as an applicant for Pension under the act of 7th June 1832, who being duly sworn according to law doth on his oath make the following supplemental declaration in order to obtain the benefit of the provision made by said act of Congress.
Colonel Schuyler of Pompton N.J. gave orders to Capt. Van Waggoner under whom deponent served to [crossed out: illegible] turn out on the first Monday in April 1775 at Hackensack. Deponent was then in Captain Van Waggoners company of Militia and turned out with him at Hackensack at that time. He continued in the service at that term 3 months.
Deponent performed another term of service of 3 months in New York commencing the first
of July of the same year 1775, under the
[illegible] Capt Van Waggoner.  after they went
from New York, he served a further term of
two months under the same Captain at
Elizabeth Town N.J.  On the first of
December of the same year, deponent marched with the same company under Captain Van Waggoner from Elizabeth town to Bergen and from thence to Fort Lee and thereby one month in the Garrison and two months in the field, thence he marched with the
Page 18

same company and Captain to the English Neighborhood when he lay with them two months
The company commanded by Captain Van Waggoner was under Major Gutches who was under Colonel Schuyler first and subsequently under Colonel Day and the whole corps was called into service by the authority of the State of New Jersey as deponent believes.  It was a regularly embodied Corps and generally recognized as such as being called into service by competent authority 
And deponent further saith that for the term during which the services were performed as above stated, he was not employed in any civil pursuit or other business whatsoever.
All the service performed by deponent except that mentioned as having been in the
Garrison at Fort Lee, was in the field.

[signature] John [his mark] Kelly

Sworn and Subscribed
the 12th day of April 1834
Before me
[signature] Peter Sip, Judge
Page 19

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41

BOUNTY LAND WARRANT RECORD CARD*

Division of Veterans' Administration Archives

NAME [handwritten] Kelly, John
GRADE [handwritten] Private
LINE [handwritten] Lamb's Artillery (New York)

WARRANT NUMBER [handwritten] 7372
ACREAGE [handwritten] 100
ISSUED [handwritten] May 14, 1790
[handwritten] to Jer h Osborn, 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.