Revolutionary War Pension and Bounty Land Warrant Application File S 21,367, for Henry Mc Nelly, Massachusetts

SERVICE
NUMBER _____
M c Nelly, Henry
$ 21,367
CONTENTS

Vermont
11,649
Henry M c Kelly of Windsor, Vt. in the State of Vermont who was a Dr. in the Company commanded by Captain Allen of the Regt commanded by Col Smith in the Massachussetts Battalion
2 Co. Pioneers - $ 3.0
Inscribed on the Roll of Vermont at the rate of 80 Dollars per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 st day of June 1833 and sent to Windsor, Vt.
Arrears to the 14th of March 1833 - 180.00 Semi-annual allowance ending 4 Sept " 40
$ 200.00
{ Revolutionary Claim, Age June 7, 1832. }
Recorded by J. D. Sprague Clerk, Book 6 Vol. 3 Page 77
Paid at the Treasury under the Act of the 16 th April 1838 from 4 Sep 1836 to 29 Oct 1836 the day of his death. - Agt. notified 30 Dec 1840

TREASURY DEPARTMENT,
Second Comptroller's Office,
December 17 th , 1840.
Sir :
Under the act of the 6th of April, 1838, 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," Adm: J Henry Mc Nelly, a Pensioner on the Roll of the Vermont Agency, at the rate of Eighty — Dollars and  Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1836, to the 29 th November 1836, the day of his death.
Respectfully yours,
William H. Parris Comptroller.
To the Commissioner of Pensions, Present.

o a
No. 1,86 Henry W. Nelly Windsor Vt. Vermont
Admitted 2 years $80.00
C. Coolidge Esq. Windsor Vt

WAR DEPARTMENT,
Pension Office,
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Henry Wm Kelly
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1779 6 Private Capt Allen Capt Smith Lieut Glover From Christiana to Springfield to West Point 79 Years sheltered field By living Witnesses   May 1780 8 Capt Allen Capt Allen Capt Smith Lieut Glover From Springfield to Danbury to West Point 79 Years sheltered field   May 1781 6 Capt Smith Capt Smith Capt Smith From Springfield to Danbury to West Point 79 Years sheltered field   Feb 1782 6 Capt Stamper Raymond Capt Stamper Raymond From Springfield to Danbury to West Point 79 Years sheltered field  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, musicians 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 } ss.
County of }
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 day 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 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 traditional 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; the duration of each term of engagement; the particular place or place 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

10488 Henry M c Neely

Declaration of Henry Mc. Kelly
In order to obtain the benefits of the Act of Congress of the 7 th of June 1832.
State of Vermont } County of Windsor Js. } ..... District of Windsor Js.
On this Eighth day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared before the Court of Probate within and for the District of Windsor in the State of Vermont, Henry Mc. Kelly, a resident of Windsor, in the County [and District] of Windsor, and State of Vermont, aged seventy-nine years, and upwards, who, being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress passed June 7 th 1832.
That he enlisted in the army of the United States in the year 1779 with Capt. Noah Allen and served in the Regiment of the Continental army commanded by Col. ..... Smith, Gen. Glover's Brigade, under the following named officers;
The declarant was born on the second day of February A.D. 1753, at a place near Dawson's Bridge in the vicinity of Lord Dawson's Castle, in the County of Londonderry, Province of Ulster, Ireland, Kingdom of

Great Britain. He came to America, as a private soldier in Col. Hamilton's (21 st ) Regt. of Foot called the Royal Scotch Fusiliers, in the British Army, under Gen. Burgoyne, and on the surrender of Burgoyne in the fall of 1777 was marched with his fellow-prisoners as far as Chesterfield Mass. where, being unable to go further in consequence of a wound in his leg received at Stillwater, he was left while his late comrades proceeded on to Rutland Mass. At Chesterfield he was treated kindly, and slowly recovered the use of his leg; and after he became able to move about, set up a loom, and engaged in weaving black-gause-aprons, damask cloths, diapre and other things not then woven in America, having been bred a weaver from his childhood, by his father. In weaving he was constantly employed, having "as much as he could do after the people found out that he could weave" - He was never personally required to join the prisoners, on their exchange or return home, but Gen. Burgoyne issued a proclamation, as the declarant heard, offering "ten or a dozen dollars" to any one who would bring in a soldier of his army to Winter Hill or that neighborhood, to go home with the rest. No one, however, disturbed the declarant. The people at Chesterfield encouraged him to remain in America, and as he "liked them" and "liked the country" - had employment enough - and "left in the old country nothing to go back to" - he was willing enough to stay; he remained at Chesterfield until,
In the spring of 1779, about the first of May, as he thinks, but cannot tell the day - it was as soon as the roads became well settled - He

said Chesterfield, he "turned out" as a soldier for two men, Nehemiah May, and Ebenezer Parsons, of Chesterfield, who made him some small presents; they went to "find a man" and were "forehanded men" — The declarant engaged for six months, and immediately marched, with some others, to Springfield Mass. where he was mustered by Major Hawley, of Northampton. Having been mustered, he with a considerable number, say 40 or 50, under command of a Lieutenant of the Continental army, whose name, as the declarant thinks, was Mason, was marched from said Springfield to West Point, N. York, and, arriving there, was assigned to Capt. Noah Allen's Company in Col. .... Smith's Regiment, Gen. Glover's Brigade — Continental line. Said Capt Allen was of New Marlborough (then called) in Massachusetts — He cannot recollect the names of his other company officers, nor the names of other regimental officers. Col. .... Dose commanded a regiment in the same brigade, and, as he thinks, .... Sprout was a Lieut. Col. in Dose's Regt — Dose's was the 1 st and Smith's the 10 th regiment, according to his best recollection, but of this he cannot speak confidently. He also believes that Bolls was Adjutant of Smith's. Major Ashley was the Brigade Major. After entering service, he was furnished with a "recommend" or certificate, that he was not to be exposed to the British, and was sent in a sloop with 6 men under him, to navigate the sloop down to Oeplank's and Stony-Points with provisions — returning with wood for West-Point — In this duty, he continued until he was discharged, which was a little before

Thanksgiving day in Mass. that year. A light snow had fallen before his discharge, though "it did'nt lay long". He received a written discharge signed by Col. .... Smith, but has long since lost, or mislaid, it. Upon his discharge he returned to said Chesterfield;
The said Henry M c Kelly further declares that at said Chesterfield, early in the spring of the year 1780 very nearly, as he thinks, the first of May, he again enlisted, for eight months, and was, with some others, marched by a sergeant to Springfield Mass. and was there mustered by the same Major Hawley who mustered him the year before. From Springfield, he was marched under some continental officers, either an ensign or Lieut. he cannot say, which, by Danbury, in Connecticut, to West Point. Arrived at West Point, he was again enlisted in the company of the same Capt. Noah Allen under whom he served the year before, in the same of Col. .... Smith's Regiment, in the same (Pike's) Brigade. He remained at "the Point", after joining the company, about two weeks, as he remembers it, and then the troops marched from "the Point", to the "English Neighborhood" and thence to within about a half a mile of "Tottaway Falls" and were there drawn up "on a large flat hill", under Gen. Washington, who desired and expected that the British would come out and attack him. Here the army lay, having in the mean time thrown up some "works for the great guns", without any sign of being attacked, and after some 10 or 12 days, the declarant with about 50 men, besides teamsters, under a Capt. .... Jones,

"a Forage-master," marched down to Sing Sing on a foraging party. At Sing Sing and vicinity, the foraging party lay for, as his best recollection is, 3 or 4 weeks, perhaps more. At length, Capt. Jones and his party was, in the night, surprised and taken by Delancy's corps - the officers confined in the house and the men in the barn - Two sentries guarded the barn-door - The declarant and another, each seized the bayonets of each of the sentries and being immediately helped by the rest, disarmed the sentries and escaped - The declarant with 5 or 6 more, went on to a hill and stayed until day-break, and then made their way to Tottaway, and found the army ready to return to West Point - At Tottaway, he received a letter and orders to carry it to Capt. .... Frothingham at Verplank's Point - carried it and received from Capt. Frothingham a letter to carry back - returned and joined the army at West Point, having been gone from there as much as, or more than, two months, but he cannot recollect how long, precisely. From this time, he remained at West Point until his time was out, and was employed in getting up woods from the River to the quarters of the officers, while others were laboring at the large chain that lay across the River supported by logs. He was discharged late in the Fall, but he cannot recollect the day; he only knows that snow had fallen. He served out his eight months, received a written discharge, but cannot tell what has become of it. During this campaign, he remembers seeing Gen. McCougal - Whether it was this year, or the year before, or both years, that Gen. Nixon and his Brigade were there, he

he will not be confident. There were a number of regiments and brigades, and he heard names of a great number of officers whom he never saw to know them, and cannot speak of them now with any certainty. He heard of Gen. Mawrill. He saw Gen. Putnam, who lisped in his speech. Major Ashley was this year also. Brigade Major in Glover's Brigade. — 3
The said Army M c Kelly further declares, that, at Chesterfield aforesaid, in the spring of the year 1781 he enlisted for six months, and, in company with Malt Burks — his son Josiah Burks — William Wells — and John Philbrick, who went from Chesterfield, marched directly to West Point. Arrived there, the declarant was entered into Capt. .... Smith's company, in the same (Col. .... Smith's) regiment, in the same (Glover's) Brigade, as in his former service, while the rest, above named, who went with him, were entered in other companies. From the time of entering the company, he continued to serve at various places to which they were ordered. He is not, however, able to recollect the exact order of movements and events as they occurred; he believes that it was very soon after he entered that his company with one other marched to Egg Harbor, and was there a number of weeks, eight or nine, as he thinks, on guard duty and reconnoitering. Thence he went to Kirkkill — stayed one night only — thence by "Robinson's Farms" crossing the River, to West Point. At this time, the principal part of the troops had left "the Point". Here he and others were engaged in carrying, ball, shot, and other ammunition from the arsenal to Fort Putnam and

another fort or fortification the name of which he has forgotten - also labored in getting up works, and the last hard work he had was putting down, in the last part of the time, the great chain that crossed the river there - Late in the fall, he was discharged by a written discharge from Col. Smith, which has been long lost - He cannot tell what day or month it was when he was discharged; the army came to West-Point for winter-quarters 2 or 3 days before he left - He served his time out, and returned to Chesterfield;
The said Mr. Kelly further declares, that about the middle of the winter succeeding his return from the last mentioned service, in February as he believes, he removed from said Chesterfield to Wethersfield in the State of Connecticut and there "set up his masonry business" and soon found employment - In the spring after (1782) at said Wethersfield, being strongly urged by Stephen Mix Mitchell "a congressman" he agreed to go, and marched to Pittsfield - enlisted for six months, and was mustered under the temporary command of Capt. Noah Cook of Hartford (Conn.), and marched from Pittsfield, by Danbury, Conn. and by Fishkill, N. York, to "Robinson's Farms" and there crossed North-River to West-Point - Arrived at West-Point, he was entered in a company whose Captain's name was, to the best of his recollection, Ramsay, Raymond, or Remington, he is uncertain which; he does not trust his memory as to this. For he saw but little of the Captain was , "a great deal of the time with the chief engineer", and the Lieutenant had the command. The Lieutenant's name was Wilkinson, or Wilson, as he believes. One of the

Sergeant was Hutchins, and one of the Corporals was Smith - Barnabas Hagan - James Hogan and Ichabod Miner, were privates with him in said company. Not long after he entered, he was as much as half of the time, as he thinks, at Kings Ferry and vicinity, under his Lieutenant, at one place and another, guarding the roads and preventing the "Cow boys" from intercepting the cattle that were going in. From time to time, to the American army - The latter part of his term, he was at West-Point, laboring to get up roads - packing away broken gun carriages - clearing away parade - store houses, and such work, besides taking his turns on guard - and after serving his six months, was discharged, in the fall, by a written discharge which he has lost, having no recollection what became of it;
The declarant acknowledges that, in some respects, "his memory cannot serve him" - As to the exact year in which he went from Connecticut, (which was his last service) he may have erred - He served, going from Chesterfield aforesaid, three terms, two of 6 months and one of 8 mos: going from Weathersfield, one term of 6 months. He is closely straitened by poverty and needs the bounty of his adopted country. He was married soon after the close of the Revolutionary War, at said Weathersfield - resided in Connecticut about six years - subsequently in Massachusetts - afterwards in New York - and has for the last ten years lived in Windsor Vt. where he now resides. He has had born to him sixteen children. Of these, Hough M c Nelly enlisted into the United States army during the late war, and was killed in the battle on the heights of Burnside. Another, Henry, was taken from on board ship

but whether it was a privateer, or U. S. armed vessel, the declarant never knew, and carried to Liverpool, England, where, as declarant has heard, said Henry died in the prison-ship, in consequence of ill-usage. James and John, his two eldest sons, were under M c Donough, at the battle on Lake-Champlain. John is now, as declarant supposes, a boatswain, or "captain-gunner" on board some one of the U. States ships of war - James, as he has heard, was lost overboard at sea. Joshua, another son, is a seaman in the U. S. service. He has no son living with him, and very scanty means of obtaining a living have been at any time within his command.
He hereby relinquishes every claim 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 -
Sworn to, and subscribed the day and year aforesaid.
Henry M c Kelly
Iabez Proctor Judge
And the said Court do hereby declare their opinion, that the abovenamed Applicant was a Revolutionary Soldier, and served as he states.
Iabez Proctor Judge
I Reuben Washburn, Register of the Probate Court within and for the District of Windsor in the State of Vermont, do hereby certify, that the foregoing

contains the original proceedings of the said Court in the matter of the application of Henry M c Welly for a Pension.
In testimony whereof, I have here- unto set my hand, and affixed the seal of said Court, this Eighth day of October in the year of our LORD one thousand Eight Hundred and thirty two.
Reuben Washburn.—

Commonwealth of Massachusetts
Hampshire ss
I, Solomon Root Clerk of the Judicial Court of the Commonwealth for the County of Hampshire do hereby certify that Eliphalet Packard Esquire, whose signature is affixed to the within certificate then at the date thereof was one of the Justices of the Peace within and for said County duly Commissioned and acting under the authority of this Commonwealth, and that full faith and credit is and ought to be given to his acts and attestations done in that capacity and that I am acquainted with the hand writing of the said Eliphalet Packard and believe his signature within to be genuine. In testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this twenty third day of August in the year of our Lord one thousand eight hundred and thirty two -
J Stoddard Clerk

I Cyrus Stearns of Goshen in the County of Hampshire and State of Massachusetts aged Sixty Seven do hereby certify that I knew Henry McVilly in the revolutionary war the same Henry McVilly I saw a few days since and suppose he resides in Windsor in the State of Vermont and I further certify that at the time I was about fourteen years old I was knowing to the said McVilly enlisting into the Continental Service at the same time that a Brother of mine died and at the same Campaign that Mr Joseph Ipson intited to go on and that the said McVilly marched from Chesterfield in the County of Hampshire and State aforesaid from my father's house in Company with my Brother and that said McVilly and my Brother came home to my father's together I think they went to West Point but for how long a term I am unable to say Cyrus Stearns Cummington August 17 1832
State of Massachusetts } At Cummington in said County on the County of Hampshire } 17 day of August 1832 personally appeared Cyrus Stearns and made oath before me that the foregoing affidavit by him subscribed contains the truth and nothing but the truth Elphaleth Parkhurst Justice of the Peace
And I certify that I have been acquainted with the above named Cyrus Stearns who subscribed the foregoing affidavit for many years and that he is a credible person Attest Elphaleth Parkhurst Justice of the Peace

I Joseph Gipson of Goshen County of Hampshire, (Mass.) aged 76 years do testify & say that Henry Mc. Kelly of Windsor Vermont now present, whom I have long known, a weaver by trade, enlisted with me into the continental service in the Spring of 1780 at Chesterfield (Mass.) as a private, in the company of Capt. Noah Allen, one Smith Lieut. in Col. Smiths Regiment & Gen. Gloreis brigade for the term of eight months, & served with me in the same company, same service, the whole period of said eight months. We mustered at Springfield & were marched thence to West Point, there stationed the greater part of the time, though sometimes at Verplank's point, Stoney Point, & other places on the North River on service. Part of the time in the Jerseys. I knew said Mc Kelly from the time he came to Chesterfield, after the surrender of Burgoyne, a prisoner. He worked there, some at farming & some at weaving, an honest industrious inhabitant. I have not seen him for five & twenty years till within two or three days when he came to my house to procure my testimony. I recollect him perfectly. July 19 th 1832.
Witness C.P. Huntington
Joseph Gipson
Council of Mass Hampshire ss. July 19 th 1832.
Then personally appeared the above named Joseph Gipson & made solemn oath to the truth of the foregoing instrument by him subscribed before me. Chas. P. Huntington Justice of the Peace -

Joseph Tipton Affidavit - Stoddard Clerk
Commonwealth of Massachusetts I, Solomon Stoddard Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire, do hereby certify that Charles P Huntington Esquire, whose signature is affixed to the within certificate was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth - and that full faith and credit is, and ought to be given, to his acts and attestations done in that capacity - and that the signature to said certificate is known by me to be the hand writing of the said Charles P Huntington.  In testimony whereof, I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this seventeenth day of July in the year of our Lord one thousand eight hundred and thirty two - and of the Independence of the United States the fifty sixth.
I, Charles P Huntington do hereby certify that the within is a true and correct copy of the original thereof, and that the signature of the said Charles P Huntington to the said certificate is known to me to be the hand writing of the said Charles P Huntington.  Charles P Huntington
Commonwealth of Massachusetts
Hampshire I, Solomon Stoddard, Clerk of the Judicial Courts of the Commonwealth for the County of Hampshire, do hereby certify that Charles P Huntington Esquire, whose signature is affixed to the within certificate was at the date thereof, one of the Justices of the Peace, within and for said County, duly commissioned, and acting under the authority of this Commonwealth - and that full faith and credit is, and ought to be given, to his acts and attestations done in that capacity - and that the signature to said certificate is known by me to be the hand writing of the said Charles P Huntington.
In testimony whereof, I have hereunto set my hand and affixed the seal of the Court of Common Pleas for said Commonwealth this seventeenth day of July in the year of our Lord one thousand eight hundred and thirty two -
S. Stoddard Clerk

Penaltion
21367
INVALID.
File No. 21,367
Henry McNeil 11: 18 1892
Act: June 7 th 92 nd
Index:—Vol. 2 , Page 257
[Arrangement of 1870.]

BOUNTY LAND WARRANT RECORD CARD*
NAME McNelly, John GRADE Private LINE Maryland
WARRANT NUMBER 11527 ACREAGE 100 ISSUED December 18, 1794 to Henry Purdy, 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.