Revolutionary War Pension and Bounty Land Warrant Application File S. 14746, Asa Utley, New York

SERVICE
New York
Utley
Asa
NUMBER
S 114746
boarded
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

Dead. Letter to Col. Willey 30 May 1836, Lt. Acting Sec. of War. C. A. Harris Esq. July 25. 1836
Paid at the Fred. way under the Act of Mar. 6. April 1838 from March 1838 to 1st Sept 1838. aft note - June 19. Aug 1839
30,000  Albany N.Y.  Oliver Phelps Livingston in the State of New York who was a private in the company commanded by Captain McBracken of the Regt. commanded by Col. Livingston. in the 4th Regt. N.Y. Inf. line for 8 months private
Inscribed on the Roll of Albany N.Y. at the rate of 26 Dollars 66 Cents per annum. to commence on the 4th day of March, 1834.
Certificate of Pension issued the 28 th day of Feb. 1835 and June 1835  George H. Warner
Arrears to the 4th of March 35 $ 106 64 Semi-ant. allowance ending Sept 13 33 $119 97
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book E 2 Vol 4 Page 77

TREASURY DEPARTMENT.
Second Comptroller's Office, August 10 th , 1839.
Sir:
Under the act of the 6th of April, 1833 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," John Wetley, one of the children of Asa Wetley, dec d , a Pensioner on the Roll of the Albany, N.Y. Agency, at the rate of Twenty Six Dollars and sixty six Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March 1838, to the 4 th Sept., 1838. 6 months.
Respectfully, yours, Nelson B. Patten Comptroller.
To the Commissioner of Pensions, Present.

Asa Utley's Application for a Pension

Schedule of the Property of Asa Ulley an Applicant for a Pension.
One Bed and Bedding valued at $8.00 One Shaving Knife valued at .75 Two Small pots valued at .50 Two Small Crooked Shaves and a Knife valued at .25 $9.50 (Signed) Asa Ulley His X Mark
State of New York Livingston County ss 3 I Asa Ulley do solemnly swear that I was a resident citizen of the United States on the eighteenth day of March one thousand eight hundred and eighteen and that I have not since that time by gift sale or in any manner whatever disposed of my property or any part thereof of with intent thereby so to diminish it 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 forces of the United States in the revolutionary war" passed on the eighteenth day of March one thousand eight hundred and eighteen and that I have not nor has any person in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and subscribed.
Sworn and subscribed before the Court of Common Pleas of Liv- ington County this 31 day of May 1826 Levi Hovey Clerk
Asa Ulley X His Mark

State of New York § Sissini vs. Genesee County B. B.
I Levi Hovey Clerk of the Court of Common Pleas of the said County of Genesee in the said State of New York do hereby certify that on the thirty first day of May in the year of our Lord one thousand eight hundred and twenty six Asa Ulley appeared at the Court House in Genesee in the said County in open Court and exhibited before him duly subscribed a Schedule of his property a copy of which said Schedule is herunto annexed, and that the said Court at the time of the exhibition of the said Schedule estimated and gave their opinion that the value of the said Property amounted to the sums annexed to the articles in the said Schedule respectively mentioned, and which said value was as mentioned in the foregoing copy of the said Schedule — And I do also certify that at the time of the exhibition of the said Schedule the said Asa also in open Court made and subscribed an oath or affidavit a copy of which is also herunto annexed.
In testimony whereof I have herunto affixed the seal of the said Court of Common Pleas and subscribed my name this thirty first day of May in the year of our Lord one thousand eight hundred and twenty six.
L Hovey Clerk

State of New York Livingston County ss 3. The Matter of the town of Goshen in the County of Livingston and State of New York being duly sworn deponeth and saith that he is now of the age of seventy two years and upwards and hath always since his birth resided in the States of New York and Connecticut - and that in the early part of March in the year 1779 this deponent at Goshen County of Orange and State of New York enlisted in the Army of the United States for the term of nine months and on the same day of his said enlistment he entered the service - that this deponent cannot now recollect the name of the officer holding the enlistment roll at the time of this deponent's enlistment, but this deponent not being able at that time to write his own name did communicate it to the said officer who wrote the same and this deponent is apprehensive that his said name might have been misspelled by the said officer as persons unacquainted with the manner of spelling it are and have been in the habit of misspelling the same - that this deponent enlisted for the purpose of filling some vacancy in the ranks of some troops about to join the then contemplated expedition of Gen- eral Sullivan against the Indians upon the Genesee river in the said State of New York - that the place of rendezvous of this deponent and others enlisting at the same time was Penekeck [an Indian name] on Reversink river in the County of Ulster and State of New York - that within a week or ten days after this deponent's enlistment this deponent having marched to Albany in the said State of New York for that purpose was assigned to fill a vacancy occasioned by death or otherwise in a Company com- manded by Lieutenant Samuel Gray now and long since deceased as this deponent is informed and verily believes to be true, and of which Company one Salmonage was sergeant and one William McAllis- ter orderly sergeant of both of whom this deponent upon diligent search and inquiry can hear nothing and which said Company belonged to and was a part of the fourth regiment of New York militia com- manded by Lieut. Col. Wippenfelt late of the City of New York deceased - that the regiment

Company or Corps to which this deponent belonged soon after this deponent had been assigned a place wherein as aforesaid marched from Albany aforesaid by way of Otsego lake and thence down the Susquehanna river to Tioga Point all in the said State of New York at which place the regiment to which this deponent belonged as aforesaid joined the Army Commanded by General Sullivan and immediately marched through the wilderness to the Indian Villages on the said Genesee river — and this deponent on the march of the said Army of the said General Sullivan was in the battle at Newtown Point against with the British Indians and Tories under the celebrated Brant and Butler, the first an Indian Chief and the last an English Colonel — and after dispersing the Indians on the said Genesee river the said Army under the said General Sullivan returned to Tioga Point and thence to Morristown in the State of New Jersey where about the first of January 1780 after a period of nine months and upwards after this deponent's enlistment he was duly and properly discharged by a written discharge made by an officer whose name is not now recollected by this deponent and which discharge this deponent had the misfortune to lose upwards of forty years ago — And this deponent has never been able by the most diligent search and inquiry since the passage of the act of 18 March 1878 entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War" to find any person by whom he could prove his enlistment and services except on Matthew Van Guilder now deceased and the affidavit of whom this deponent once procured proving that this deponent enlisted and belonged to the said Expedition and was known and reputed as a nine months man and which affidavit was once forwarded by the Hon. John H. Jones then first Judge of the Court of Common Pleas in and for the county of Genesee & State of New York and some time during the month of May or June 1878 to the War office and returned as insufficient in some particulars to this deponent for further proof and which affidavit this deponent together with other documents proving

the services aforesaid lost out of his possession about three years since -
And this deponent in the Spring of 1876 and before the enlistment and services aforesaid enlisted for the term of five months in a Company Commanded by Capt. John Blackson belonging to the 4th Reg. New York Militia Commanded by Col. Samuel Drake, and which regiment belonged to the army under General Scott according to the best recollection and belief of this deponent and this deponent was in the battle on Long Island in the month of August 1876 and while he was so serving for the said term of five months and after which said five months service this deponent was duly dismissed -
Sworn & subscribed this 20th day of June 1876 be- fore me Jeremiah Riggs Judge of Livingston Co. N. Y.
Asa Utley X His mark
State of New York } Livingston County ss }
I Jeremiah Riggs one of the Judges of the Court of Common Pleas in and for the County of Living- ston in the State of New York do certify that on the 20th day of June 1876 that Asa Utley to me personally known appeared before me and subscribed and swore to the facts set forth in the foregoing affidavit.
To the Hon James Garbourn Secretary of War U.S.A.
Jeremiah Riggs Judge of Livingston Co. N. Y.

32837
In the matter of Asa Utley
Admitted
Private 8 months

State of New York, Livingston County 3 rd ss On this twenty ninth day of March  May in the year of our Lord one thousand eight hundred and thirty five personally appeared in open court, the Judges of the Court of Common Pleas  Court of Common Pleas in and for the said County of Livingston now sitting Asa Netley a resident of Geneseo in the County of Livingston and State of New York aged seventy Eighty years and upward who being duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named Officer, and ser- ved as herein stated, to wit He enlisted as a private soldier in the 4 th Regiment in the Line of the State of New York in the Army of the United States, on the first of May 1779, in the Company commanded by Captain Mc- acken, that he enlisted for the term of nine months and was discharged on the first of January 1780 having actually served for the term of eight months. That he served during that time in the expedition under General Sullivan into the Indian Country, that he enlisted at Goshen in the County of Orange in said State that after his enlist- ment he rendezvoused at a place called Neversink in the County of Ulster in said State under a Major Ward according to the best of his recollection and belief - From whence this deponent marched to Albany in said State, where he was placed as a private in the Company commanded by Lieutenant Samuel Gray - the said Regiment was commanded by Lieutenant Colonel Wezenfelt, From Albany this deponent was marched with said Regiment to Otsego Lake, where they remained about six weeks From thence they descended the Susquehanna River to Tioga Point where the said Regiment joined the main Army - From thence this deponent marched with the Army on their expedition to the Indian Villages on the Genesee River, From thence back to Tioga Point, thence to Wyoming

in the State of Pennsylvania, thence to Easttown where they crossed the Delaware River into the State of New Jersey to Morristown where he was discharged on or about the first day of January 1781 - that he this deponent was engaged in action with the Indians under Brandt and Butler at Newtown point - that this deponent received a written and Honorable discharge, which he has lost by time and accident - And this deponent further saith, that until the time of discovering that his name appeared in the Military Register at the Office of the Secretary of State of this State at Albany, in August last past, he this de- ponent verily believed that his service in the said Campaign in the Indian Country, had been under an engagement of nine months on the Continental establishment that he has been old and forgetful and being illiterate supposed he has been in an error as to the kind of troops with which he perfor- med such service - that his recollection is now distinct that Captain McCracken had the command of the company in which he enlisted to serve, and that the active com- mand devolved on Lieut. Gray from some cause which this deponent is not now able to explain - And he further saith that he is the identical Asa Utley named in, and referred to in the certificate of Archibald Campbell hereto annexed - And in answer to the particular interrogatories put to this deponent by the said Court, he saith that he was born on the twenty seventh day of August A D 1754 that he doth not know that there is any record of his age existing - that he lived in the town of Goshen in the County of Orange aforesaid when he first entered into service - And hath for about forty years last past, resided on and near the Genesee River, and from ten to fifteen miles from the place of his present residence, in the said town of Genesee - that he entered service under an enlistment for nine months - that he recollects General Sullivan, General Clinton - Colonel Wigginfield

 as among the Officers Engaged on the Expedition into the Indian Country, at the time of his being in service. That he did receive a regular and honorable discharge from service, but the same has long since been lost by time and accident, and he cannot remember by whom it was signed. That he is generally known to all the old inhabitants of the Genesee County, and particularly to the family of the late Timothy Horner Esquire formerly First Judge of Ontario County, to his son George Horner Esquire District Attorney of the County of Livingston by whom he has been known for about forty two years. To James Wadsworth Esquire of Genesee, by whom he has been known for the same length of time, to the Honorable John H. Jones and his brother Captain Horace Jones Indian Interpreter by whom he has been known for above forty years; and he believing that they would testify to his character for veracity, and to their belief of his having served in the War of the Revolution - And this deponent hereby relinquishes every claim to whatever a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed the day and year aforesaid
Asa his Utley marks
I George Horner District Attorney in and for the County of Livingston in the State of New York, residing at Auburn in said County do hereby certify, that I am well acquainted with Asa Utley who has subscribed and sworn to the above declaration and I believe him to be over seventy  eighty years of age; that this deponent had been acquainted with said Asa Utley for forty two years and upwards and that he hath always understood, supposed and believed

that the said Asa Utley was a Soldier of the Revolution and engaged in the Expedition under General Sullivan into the (then) Indian country - that he gives full faith and credit to the facts narrated by the said Asa in his said declaration, from the fact of his having for more than forty years believed, and never doubted that said Asa served in the said Campaign; and because he had never heard the character of the said Asa, for truth and veracity, questioned to his knowledge or belief.
Sworn and Subscribed, the day & year aforesaid.
Geo. Holmer
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatory prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states - And the Court further certify, that it appears to them that George Holmer who had signed the preceding certificate is a resident of Avondale in the said County of Livingston, District Attorney of said County, and a creditable person whose statement is entitled to credit.
I Elias Clark, Clerk of the Court of Common Pleas in and for the County of Livingston, and also Clerk of the said County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Asa Utley for a pension.
In testimony whereof I have hereunto set my hand and seal of Office this 29 th day of March in the year of our Lord one thousand eight hundred and thirty five.
Elias Clark Clerk

State of New York Secretary's Office
I certify that it appears by the Military Register or List of Officers and Soldiers belonging to the Line of this State in the Army of the United States that Asa Ulley was a private in the 4 th Regiment Capt. McCrackins Company. That he Enlisted on the first of May 1779 for nine months and was discharged on the first of January 1780.
Given under my hand and the Seal of this Office at the City of Albany the 12 th day of August A. D. 1834
Arch d Campbell Dep. Secretary
Sir,
In the absence of the Secretary of State I send you the above Certificate. There is a book at Washington in which the same information may be obtained (a copy of the Regis- ter above referred to) There is nothing in this office to show that you served in Sullivan's Expedition.
Respectfully Arch d Campbell Dep. Sec.
M c Asa Ulley

January 8, 1909.
Hon. Samuel  Lowell Utley, Worcester, Mass.
Sir:
In reply to your letter dated the 5" and received the 6" instant, you are herewith furnished the military history of every soldier named Utley found on the Revolutionary War pension records of this Bureau.
From the papers in claim Sur. File No. 14,746, it appears that Asa Utley was born August 27, 1754 and resided at Goshen, Orange County, New York when he enlisted in the Spring of 1776, in Captain John Jackson's company, Colonel Samuel Drake's 4th regiment, New York Militia; he was in the battle of Long Island; served five months.
Enlisted May 1, 1779; as Private in Captain McCracken's company, Lieut. Colonel Weissenfel's 4th regiment, New York Militia; was in General Sullivan's expedition against the Indians and in the battle of Newtown Point; discharged January 1, 1780 at Morristown, New Jersey.
He was allowed pension on an application executed June 20, 1826, while a resident of York, Livingston County, New York. He resided at Geneseo same County, in 1835, and died April 13, 1839 leaving four children, John being the only one whose name is stated.
No further family data.

1909 Jan. 8. Hist. to Hon. Samuel Utley fr. card. letter in N.Y. 20,100 claim of Samuel Utley. f
Rev has
14746 INVALID.
File No. 14746 Dear Utley Prof. R.R. ...
Act: June 7th 1832.
Index:—Vol. 1 , Page 384
[Arrangement of 1870.]

No 32.837
New York
Asa Utley
Suspended
Let to Geo Hosmer 13 June 1835-

u 60
July 23. 1836. Pension office.
File
Mail
acting secretary of War Washington City.
Hon. C. A. Harris.
FREE

Henry C. A. Harris.
Geneseo 17 th July. 1836.
Dear Sir.
It is a fact, well known I believe, to men of experience in every sphere of life, that business, transacted through the agency of others, is seldom thoroughly and effectually done.
Thus it has been with me, in no less than three different attempts to get my pension, since the enactment, by congress, of the first pension Law.
I now propose, for the first time, addressing you on this subject myself. — I have enjoyed a small annual pension since March 1831, of only $26.66. — a mere trifle in comparison with what I ought to have. But through the faithlessness and meanness, of Geo. Hosmer, my attorney, who promised to apply for my pension under the act of March 1815, the above is all I get, and his fee, as charged in his bill of costs, was thirty four Dollars and seventy two cents , — most extortionate .
If a history of my various services in the Revolutionary war, were necessary, and would amount to proof, such history I could easily furnish from memory, for many of the heart rendering occurrences of those days, are fostered on my mind as with a branding iron . But my brave companions, who might be witnesses, are gone, and I am left to struggle on yet longer, against the accumulating miseries, incident to poverty and want.
I am, or ought to be entitled to one year and four months, of the most difficult, and hardest services, as a regularly Enlisted Soldier, and nine months I was under General Sullivan, for this service, we were promised regular monthly wages, and a bounty of 100. acres of wild Land each. — During our march, and return from the Genese River, from the banks of which I now write , we were supplied with only the half of a common soldiers, daily rations, for

This nine months perilous and arduous campaign against the Indians, I never rec d  one single cent , either in Land or money, and the only means of support now at my command, is this little pittance of a pension I now enjoy.
The object of this communication is, most respectfully to ask of you, what further proof, besides the certificate of Judge Jones, Late Indian agent, (attested by our County clerk) before whom I made application for a pension under the act of congress of March, 1815, will be necessary to entitle me to a pension under said act. —
Those who profess to be versed in Law matters, have informed me that I am entitled to a pension under the old act, and Sir, I appeal to you as a friend of humanity and a soldier of our glorious Revolution, to inform me, soon as convenient, what further proofs (if any) besides my certificate from the Secretary of the State of N. York, which you have , and Judge Jones certificate before mentioned, to entitle me to a pension, under the said old pension Law.
Most respectfully your very hble. serv t ,
Asa Utley
P.S. Please address Mr. L. De Forest, of Geneseo, Livingston co. New York, on this subject.
A. Utley

How I Gail See of Mar Washington City
FREE

Recd 12 June
N.J. Somerville June 8 th 1835
Dear Sir:
Sometime ago Jacob Smalley's pension papers were sent to the War Department for examination since which nothing has been heard of them. I presume they have been misarranged or mislaid. Will you good enough to have a search made, and give me information on the subject.
I am with all Respect
W. Thomson
Heon I hope he was

W. J. M. - at.
12 June 1835 Pension Office.
20/100 Kunkman Pafun.

I hereby certify that on the 29 th of May 1818, Asa Ntly made application before me for a pension in pursuance of the act of Congress of 10 th of March March 1818, and proved by the testimony of — Van Guilder, that he was an Sullivan's affidavit, and was call d a Nine Months-man, which application was by me sent to the War Office, and returned for further proof —
Litchfield December 9 th 1825-
John H Jones

Mr Evans
May 16
Port Royal Station
FREE
Commissaire of Peninsular
Washington

Geneseo May 10. 1839.
Sir
The enclosed papers were presented to the pension agent at Albany for payment. The agent refused paying saying that the papers must first be sent to Washington and directions for the payment given by the proper officer there. It is proper that I should state that the pensioner died a few weeks after the power of atty was executed, and the pension is claimed by a son of his, living in this county. Whether it should be paid on the power of atty, is for the proper department to decide. Will you be good enough to return the papers to me as soon as may be with a direction to the agent to pay, or without, as the facts will justify
Respectfully
O. N. Willey
Commissioner of Pensions

20,043.
M c Edwards
Dear Utley, Livingston 6 o M. N.Y.
Oct 18 March 18 Amos Dancer, Noon, N. Y.
Rec. 6 July 1826.
Rejected - See letter 16 July 1826.
Anon June 2 nd
Rec. July 6 1826
Washington City
James D. [unclear] at [unclear]

Hon. Samuel Barbour
Dear Sir,
I beg leave to invite at early an attention to the inclosed on behalf of a destitute old soldier as circumstances will conveniently permit.
With great respect
I am your very obedt Servt
Amos Dunn
Avon Livingston County N. York 26 June 1826

State of New York Secretary's Office
Certify that it appears in the Military Register in this Office purchased from Alder Neely pursuant to an act of the Legislature of this State entitled "An Act authorising the purchase of a Copy the Military Register of the Troops of this State in of the late Army of the United States" passed April 19. 1828 that Asa Utley was a private in the fourth New York Regiment, Captain M c Cracken's Company - that he Enlisted on the 1 st of May 1779 for Nine Months, and was discharged on the 1 st of January 1780 - and I further Certify that there is no person of the above name on the said Register Excepting the said Asa Utley and that there is no description of his person size or complexion in this office on any roll or Register to my knowledge - It also appears by the said Register that Henry P. Livingston was Colonel of the said Regiment from the 21. November 1776 to the 13 th of January 1779 when he resigned.
Given under my hand and the seal of this Office at the City of Albany the Second day of July in the year One thousand eight hundred and thirty-five.
Arch d Campbell Dep. Secretary

State of New York Livingston County ss
Ara Utley of the Town of Geneseo in the County of Livingston State of New-York, being duly sworn, saith that in the month of May 1818 and soon after the passage of the act of Congress "approved 18 th March 1818 entitled "an act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary War" he made application for a pension, under the belief that such service had been rendered as is stated in the deposition of the deponent, to which this is supplementary, in the Continental Army, that upon occasion of presenting his papers in connection with such affidavit, the same was accompanied with the affidavit of one Mathew Van Guilder duly attested, by whom this deponent was identified as having served with the said Mathew on the Sullivan expedition - that such application was rejected as this deponent was informed by the Honorable John K. Jones of Leicester in said County of Livingston, by whom, as the agent of this deponent, such application was made for the alleged reason that this deponent's name did not appear on the Army Roll in the Office of the Secretary of War - that such original papers, with the affidavit of said Van Guilder annexed, and the rejection by the War Office indorsed thereon were returned to this deponent by said Jones, and have since been lost - that this deponent has made diligent search for the same papers and has not been able to find them and he does not know what has become of them - that the said Mathew Van Guilder did soon after the making of said affidavit, and this deponent does not know of any person now living by whom he can prove his services, or his identity with the name of Ara Utley contained in the annexed Certificate - And this deponent further saith that in the year 1826 he renewed his application through Amos Danna Esquire as his agent, said Amos at that time residing in the office of George Hosmer Esquire, his present Agent, that on occasion of such application he is described as having served in the 4 th Regiment of New-York Militia, (as he has since been informed) that his application was rejected as he has been informed for the reason assigned that the law of 1818 did not provide for militia services - And this deponent further saith that if his

Declaration of 1826 describes him as having served in the New York militia, it is different from what he intended at that time although (as it now appears), the fact is proved to have been so, as, at that time, and up to the month of August last, he verily believed that his services had been upon the Continental establishment, his papers of 1826 still remain at the War Office as he is informed and believes to be true.
And this deponent further saith that upon his application being rejected in 1826 he despaired of relief, until he was informed in August last, that his name was the "Militia Register of the troops of this State in the line of the late Army of the United States" when he applied and obtained the Certificate of the Deputy Secretary, which is to his declaration annexed, now at the War Office as he is informed and believing to be true - And this deponent further saith that he has uniformly described his service as being in the "4 th Regiment," of Troops raised in New-York - and stated that the actual Command of the Regiment was in Lt. Colonel Wengenfelt - and that the Company to which he belonged was under the actual Command of a Lieutenant by the name of Samuel Gray although the Command of the Company belonged to Captain McCracken - And this deponent further saith that he understood and was informed that the Command of the Regiment belonged to a Colonel Livingston, who he was informed for some cause remained absent from, and did not take upon himself the actual Command and that he so stated the fact before obtaining the annexed certificate or knowing of the existence of the Militia Register referred to in the annexed Certificate of A. Campbell Esquire - although as it now appears from the Certificate annexed, said Livingston had resigned before this deponent joined the said Regiment in the Spring of 1779 yet this deponent was ignorant of such fact of resignation until receipt of the annexed certificate - yet he well recollects that said Wengenfelt actually commanded the regiment as Lieutenant Colonel and further this deponent saith not
Subscribed & sworn to this 10th day of July 1835
his Asa T  T Atrey mark

before Elias Clarke Justice of the Peace of said county State of New York } Livingston County }
I Elias Clarke Clerk of said county do certify that Elias Clarke before whom the above affidavit of Asa Utley purports to have been taken was at the date of the same a Justice of the peace in & for said county duly commissioned & sworn in every respect fully authorized to act as such Justice of the peace. That his Commission is dated January first A.D. 1883. & will expire December thirty first A.D. 1886. That I am well acquainted with his hand writing & verify before the signature "Elias Clarke" subscribed to the jurat of said affi- davit to be genuine & the proper hand writing of said Justice of the Peace
In testimony whereof I have hereunto subscribed my name & affixed the seal of the Court of Common Pleas of said county at my office at Geneseo July 10. 1885 E. Clarke CLK

In the matter of Asa Utley
Affid t

State of New York } Livingston County } ss
George Hosmer of Aspen in the County of Livingston and State of New York, being duly sworn, saith, that according to the best of his recollection, knowledge, and belief, Asa Utley applied to this Deponent sometime in the year 1818 for assistance in obtaining a pension as a Revolutionary soldier, that he shewed this Deponent certain papers, purporting to have been prepared for the purpose of obtaining a pension under the Act of Congress passed in 1818 that such papers appeared by an indorsement made with red ink to have been rejected at the War Office for some cause. And as this Deponent thinks you want of adequate proof of the fact of service - this Deponent further saith that he has since that time by the request of said Utley made frequent enquiries for evidence to aid said Utley in his application all without effect - That he wrote to the Secretary at War in behalf of said Asa Utley on the 20 th Nov 1832, in which letter this Deponent detailed briefly said Utley's claim and the course he had pursued in endeavouring to establish his claim 1 st by applying through Judge Jones in 1818 and 2 nd through Amos Darr in 1826 - And in that letter he represents the statement of fact by said Utley as to the Corps in which he served in these words - "that the "troops were Continental troops, that the 4 th Regiment "to which he belonged, was, as he understood placed under "Command of Colo Livingston, that Livingston did not "march with the Regiment and that for some cause it "was under the actual Command of Colo Wigenfelt, who "(he understood) was a Militia Colonel and that he "supposed the fact was so stated in his declaration" - and the said letter further requests "to be informed if the name of Asa Utley does not appear on the roll of "the 4 th Regiment Captain Samuel Gray's Company, if "no such name, is there not a name answering nearly "to it, as he supposes there must be some misnomer or "wrong spelling of the name" - to which letter this Deponent does not recollect to have ever received an answer - And this Deponent further saith that the said Asa Utley never vitiated or gave this Deponent to know, understand

or expect, that his name would be found on any Army rolls, unless the same was on the roll of Continental Troops in the Office of the Secretary at War, until after he obtained the Certificate of A. Campbell Esquire which is annexed to his papers in the War Office at Washington - and this deponent further saith that Mr Attey is now old and very infirm and is without very illiterate - And further he, this deponent, saith not.
Subscribed and sworn to this 9 th day of July 1835
Geo. Hosmer
before L. W. Beecher Justice of the Peace
State of New York Livingston County } ss
Elias Clark clerk of said county do hereby That Lewis W Beecher before whom the above affidavit of Geo. Hosmer purports to have been taken was at the date of the same a justice of the peace in the said county duly commissioned and sworn & in every respect authorized to act as such justice of the peace. That his commission is dated January first A. D. 1834 and will expire the thirty first December A. D. 1837. That I am well acquainted with his hand writing & verily believe the signature "L. W Beecher" subscribed to the jurat of said affidavit to be genuine & the proper signature of said justice of the peace.
In testimony whereof I have hereunto set my hand & affixed the seal of the Court of Com- mon Pleas of said County at my office at Housatonic. July 10. 1835
E. Clarke CLK
In the matter of Attey
Affidavit

Asa Whitney
Hon. W. L. G. [?] Genl. J. [?] Washington
[Signature]

State of New York
Secretary's Office
I certify that it appears by the Military Register or List of Officers and Soldiers belonging to the Line of this State in the Army of the United States that Ara Attey was a private in the 4 th Regiment Capt McCreight's company - that he enlisted on the first of January 1780
Given under my hand and seal of this Office at the City of Albany the 12 th day of August A. D. 1834
Arch d Campbell Dep. Secretary
Adm Rev: 67 N. York Sept 15 th 1834
Hon ble J. P. Edwards
Ara Attey whose application has been repeatedly before Hon ble

for a pension, as will under the act of 1818 as of 1832, and rejected for want of proof has at length discovered, the proof of his 9 months engagement & discharge, in the office of the Sec'y of State of this State, (a copy of certificate is prefixed)
He is informed that there is a book at Washington in which the same information may be obtained
He wishes to be advised whether 1 st such service is construed a service on the Continental Establishment
2 nd Whether inasmuch as he engaged for 9 mos & had a discharge at expiration of 8 mos (as appears by Cert.) he would be entitled to claim under the act of 1818
Will you oblige me with an answer to these enquiries?
Yours respectfully
Geo. Hosmer

June 8. NY On a vessel
[Large cursive signature]
Hon ble J. L. Edwards War Department Washington

From Livingston County New York State, May 29 1835
Hon ble J. S. Edwards
Sir,
Inclosed are the papers in the case of Asa Utley, prepared in conformity to his case under the Act of June 1832, agreeably to the lately discovered evidence of his service, appear- ing by the Certificate annexed from the Office of the Secretary of State of this State -
As the applicant is at present a wretched inmate of the County Poor house, old & very infirm, and greatly needing the small pittance which he is left to expect, for his present comfort - It is respectfully requested that his case may receive the early and favorable notice of the War Department
I am very respectfully
Your Hon ble Serv t
Geo. Hosmer

July 20.
Ms.
Asa Atkey
Sussex and
free
Hon ble J. L. Edwards Pension Office Department of War Washington
enc. in letter at

Wron July 10 th 1835
Hon. S. L. Edwards
Sir,
Inclosed is such additional proof as I have been able to obtain in support of the claim of Asa Utley to a pension — You required 1 st a satisfactory explanation why his application has been so long deferred 2 nd Proof as to his identity with the person named in the certificate of Dep. Secy Campbell.
As to the first objection, I should expect the evidence was abundantly sufficient in the War Office, to shew that he had been a patient and untiring applicant — to my knowledge he has been seeking for proof and endeavoring to obtain his pension ever since 1818 — And your Letter to Amos Dann Esquire of 8 th July 1826 mentioning that "Utley's declaration will remain on our files agreeably to the regulations of this Department" — And I trust my letter of 1832, refered to in my Affidavit herewith, is also in your files. Secondly — as to Utley's identity.
The facts shew 1 st That Utley was ignorant of the existence of any recent evidence until Augt 1834 2 nd That up to 1832 he was seeking for evidence at the War Office where he supposed it must exist 3 rd That he was correct as to number of his Regiment though mistaken as to the character of the troops. 4 th That in 1832 and before the discovery of any record he was right as to the reputed Colo: Commandant of his Regiment "Livingston".
5 th The inclosed Certificate explains, what to Utley was inexplicable, the reason why the Colo. (Livingston) was not with the Regiment, but that it was under the command of a Lieut. Colo. (Mogenfelt), to wit, the resignation of Livingston shortly before Utley's joining the regiment.

Utrey being an illiterate man, thrown upon his recollection of facts after the lapse of more than 50 years, and having served under Continental Chiefs, under a long enlistment, in a service in which he drew clothing & the same as Continental soldiers, may well be supposed liable to the mistake in which he has fallen, as to the character of the troops to which he belonged —
6 th his name being found (and none other of the name), as belonging to the 4 th Regiment, and then or shortly before commanded by the Colonel who appears to have been the Commander, and this account of himself having been given before he knew, or could be supposed to know of the existence of any record proving the fact — it might reasonably be supposed was sufficient collateral proof of the fact of identity positively sworn to by him ; more especially after all living witnesses, may be presumed to be dead.
His declaration of 1826 shews that his company was commanded by a Lieutenant of the name of Samuel Gray, and does not contradict the fact of M c Cracken being Captain who for some reason might have been absent from his command —
The old man waits with anxious solicitude your decision, whether he is to view his Country's march to power through the windows of a Poor House, or pass the remainder of her days without a sense of humiliating dependence.
I am
Your respectfully
Geo. Hosmer