Revolutionary War Pension and Bounty Land Warrant Application File W. 11,993, for David Kelly, New York

SERVICE
NUMBER
New York
Kelly, David or Kelley. Mary
W. 11.993
CONTENTS
76-2

Reported
581 669 New York
Mary Kelly widow of David Kelly NY who was a Private in the Revolution husband died 4 Oct. 1844
Inscribed on the Roll at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1844.
Oct. Certificate of Pension issued the 11th day of May, 1849 and sent to Adriel Ely Esq. Watertown New York
[Act of JUNE 17, 1844.]
Recorded in Book 6 Vol. 2 Page 78
Increased from $46.66 per An. Deduct what has been paid.

14308 16035 New York
David Kelley
of Jefferson Co in the State of New York who was a private in the Company commanded by Captain Sanford of the Regt 1 commanded by Col 1 Burr in the N.Y. mil ia line for 23 mos.
Inscribed on the Roll of New York at the rate of 76 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of May 1833 and sent to Nath l Ruthburn Brownville
arrears to the 4th of March 1835 $153.32 Pemi-ant. allowance ending Sept r 38.33
$191.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk book E Vol. 4 Page 23

Drafts from the Coll & inscribed Mada Act 1828. See notification from the Treasury Dept. with in - & letter to J. Fleming, May 15. 1834

12648 ad 44 651.
Mary Kelly, widow of David Kelly abt 9 Aug) 1838
Admiral Eng atty
March 1784 Museum and 4 Oct 44 Reschid
Reschid 1777 for the 17th Museum, Museum under the 6 Oct 18 May 1828 etc etc
1167 - Acting ad 17 March from 4 Oct 44, to 4 March 1848 -
A. Dreyer Esq. Esq. Hon. J. Bullen Washington, M.S. 4.

State of New York ss Orange County ss
I Hannah Clark a resident of the town of Warwick in the County and state aforesaid being duly sworn depose and say that I am in the eighty third year of my age and was well acquainted with David Kelley who I understand is dead and Mary Babcock whom the said David married and who I understand is now his widow residing in Canada. I was at their wedding and saw the marriage ceremony performed they were married at the house of William Lewis by Elder James Benedict Pastor of the Baptist Church in Warwick. Mr Lewis lived on the farm belonging to my husband and his widow now live on the same farm. I know that the said David Kelley and Mary (or as I used to call her Polly) Babcock were married just after the close of the Revolutionary War and within a few months after my husband got the Deed of the farm. I have looked up the deed and find it dated in April 1784 and have therefore no hesitation in saying that they were married in seventeen hundred and eighty four. I am not a relative of the said Mrs Kelley
Hannah her Clark mark
I certify that on this 7 th day of March 1846 personally appeared before me Hannah Clark to me well known as a lady of respectability and truth and who appears to be in full possession of her mental faculties and made solemn Oath to the truth of the foregoing deposition and signed the same in my presence with a mark not being able to write in consequence of bodily infirmity
Sam l Britton justice of the peace
State of New York ss Orange County ss
I Philander Hartwell being duly sworn depose and say that I am Pastor of the Baptist Church in the town of Warwick over which Elder James Benedict in 1784 presided that I find upon examination that there have been no records of marriages ever made upon any of the books of said Church
Subscribed and sworn this,
Philander Hartwell
7 th day of March 1846 before me Sam l Britton justice of the peace

STATE OF NEW YORK.
ORANGE COUNTY, } ss. CLERK'S OFFICE, }
I, JOHN C. WALLACE, Clerk of the Court of Common Pleas, in and for the County of Orange,
DO HEREBY CERTIFY, That Sam Wilson _____ before whom the foregoing Affidavit _____ was subscribed and sworn, was at the time of taking the same, a Justice of the Peace _____ in and for said county; and further, that I am well acquainted with the hand writing of the said Sam Wilson and verily believe that the signature to the said Affidavit is genuine.
In Witness Whereof, I have hereunto set my Hand and affixed the Seal of the said County, the Sixteenth day of March 184 6
John C. Wallace Clerk

Province of Canada West
Simon McTear of the County of Lennox & Addington do hereby certify that on this 15 th day of August in the year 1845 personally appeared before me the undersigned one of her Majesty's Justices of the peace in and for said province William Lewis Well known to me as a person of truth and veracity who being first duly sworn according to Law doth depose and say that he is Ninety Three years and upwards and is well acquainted with Mary Kelly widow of David Kelly residing in Cambley in the County of Lennox & Addington and Province aforesaid and that he has been acquainted with Mary Kelly widow of David Kelly from his infancy to the present time That her Maiden Name was Mary Babcock and that the said Mary was Married to David Kelly in arranged Belvale in the Town of Warwick County of Ulster in the state of New York by James Benedict an elder of the Baptist Church in Warwick in said County of arranged  Ulster in the year 1784 in the house of this deponent This deponent says that he distinctly recollects the time by the record of his own Marriage as that happened a short time previous. This deponent further states that the Marriage of David Kelly & Mary Babcock took place at the time above stated by him in his own house and in his presence and further that they have always lived together as man and wife till the death of David Kelly on the 4 th of October 1844 and that Mary Kelly remains his widow and further says not Subscribed & sworn before his mark William Lewis Me this 15 th of August 1845
Jacob Romboough J.P.
we do hereby certify that the word Ulster was erased and the word arranged inserted before signed
William Lewis his mark
Jacob Romboough J.P.

Province of Canada Midland District To wit
I James Nickalls of Kingston in the said District Esquire Clerk of the peace thereof do hereby certify that Jacob Rambough of the township of Caunden Esquire the Magistrate before whom the within affidavit has been made is now and for many years past had been one of the Magistrates of the said Midland District duly appointed & sworn that the signature thereto by him is his proper hand writing that he is a person worthy of all credit and to whose acts full faith and reliance may at all times be given
In witness whereof I have hereunto set my hand and private seal (having no seal of office) at Kingston in the Midland District this the twelfth day of January One thousand Eight Hundred and Forty Six. I would further certify that although he styles himself a Justice of the peace for the counties of Lenox and Addington, and in explanation thereof would say, that his residence is in the township of Caunden, which is in the Counties of Lenox & Addington as United: and which latter is within the Midland District: and his appointment is a Justice of the peace for the whole District
James Nickalls Clerk of the peace Midland District

State of New York
Jefferson County ss On this 31st day of January 1846 personally appeared before the Hon. George C. Sherman one of the Judges of the Court of Common Pleas of the County of Jefferson State of New York Mary Kelley a resident of the town of Camden in the Counties of Lenox and Addington in the Province of Canada West aged Eighty four years 11 February 1846 who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838 March 3 rd 1843 and June 1844 and the acts amending said Act of July 7. 1838: That she is the widow of David Kelley who was a private in the war of the Revolution and a pensioner of the United States under the act of May 15. 1828: She further declares that her name before she was married was Mary Babcock and that she was married to the aforesaid David Kelley in the town of War- wick in the County of Orange in the State of New York in the month of June seventeen hundred and eighty four (June 1784) that she has now forgotten the day of the month: That her marriage & the births of her children were on the family Bible and was burnt soon twenty years ago in the burning of her house that she was married by Elder James Benedict who was then a settled minister in said town of Warwick of the Baptist denomination. She further declares that her husband the aforesaid David Kelley died in the

said town of Camden at his residence on the fourth day of October One thousand eight hundred and forty four (Oct 4 th 1844) and that she was not married to him prior to his leaving her service, but that the marriage took place previous to the first of January seven hundred and ninety four (viz: at the time above stated). She further says that she does not know of any second, her marriage sworn and subscribed Mary her Kelley this 31 st day of January 1846 mark
before me and I certify that Mrs Kelley who has this day made the foregoing declaration before me cannot appear in open court in consequence of infirmity and old age
J. C. Sherman Judge Sup co Courts Camden 10/1846
State of New York
Jefferson County ss
On this 31 st day of January 1846 personally appeared before the undersigned John N. Vrooman to me known to be a man of respectability and truth who being duly sworn according to law deposes and says that he is well acquainted with Mary Kelley above named who has made the foregoing declaration and that she is the widow of David

Kelly who was also well known to me and who was a pensioner of the United States and that the said David Kelly died in London Canada West on the fourth day of October One thousand eight hundred and forty four (Oct 4. 1844) and that Mary Kelly above named is his widow having never remarried since the death of the said David Kelly
from a subscribe this 31 day of January 1846 before
John Vroman Junior
G. C. Sherman Judge Lipp Co Court, Concord

State of New York, } ss. Jefferson County Clerk's Office.
I, Charles B. Board, Clerk of said County, do hereby certify, that
E. C. Sherman before whom the annexed affidavit purports to have been sworn,
was at the date of the same a Judge of the County Court in and for said County, and duly authorized to take the same; and further, that I am well acquainted with his hand writing, and verily believe his name subscribed to the same to be his proper hand-writing and signature.
WITNESS my hand, and seal of said County, this 25 day of March in the year 184 6
(C. B. Board) Clerk. By M c Guire Deputy

18035
David Kelley's Pension Papers.
✓

State of New York Superior Court.
On this 15 th day of October 1832 personally appeared before me George Brown, one of the Judges of the Court of Pla- ceas in the County of Ulster, and Kelly a resident of the County of Ulster, in the State of New York, aged 74 years 16 th last February who being first duly sworn according to law, did on his oath make the following declaration, in order to show the truth of the allegations thereof June 7. 1832.
That he entered the Service of the United States under the following named officers, and as herein stated.
That he entered in the Service of the United States after the City of New York had been given up to the British under a Captain John Sanford, and under the Major Genl. Col. Aaron Burr, Col. Malcolm. He enlisted at a place called Ramapo, Sidmans Clove or Lower Clove 25 miles from New Windsor & 30 miles from Goshen about two miles from the Sovereigns Tavern in the State of New York. Anthony Maserick was my Ensign. The Regiment was called Malcoms Regiment of Independents. Enlisted for 3 years or during the War. Dont remember the day I left the Service.
The winter after the battle of Monmouth the Army lay at a place called Valley Forge in the State of Pennsylv- =ania not far from Philadelphia. Was in the Battle

of Monmouth in the State of New Jersey. The Regiment in which I served in the Battle of Monmouth was com- manded by Aaron Burr. Was in the Battle of Springfield but don't recollect who commanded the Regiment. When I joined was not in Captain's. Formed a Regiment in the Spring, but didn't recollect the day or year, Commanded by Col. Van Schaick Capt. John Teabout, Lieut. Neely. Went in the expedition to the West with Genl. Sullivan, to fight the Indians. Went within 30. Miles of Niagara. (as he calls it) Niagara. Burnt some Cornfields on the Banks of the Cayuga Seneca Lakes. We had two or three field pieces with us. Think the expedition under Sullivan ended at a place called Morris town in the Jerseys. After the expedition under Sullivan, we lay a good deal of the time, as he recollects, at West Point Fort. Old Fort Constitution was on the opposite side of the North River from West Point Fort. I assisted in building old Fort Constitution before I enlisted in the Service as a Soldier. Was in the Service as a Soldier at the time Burgoyne was taken. Was at West Point Fort & recollects of going up & down the River in the night time, to take up stragglers from Burgoyne's Army. Received a regular discharge from Colonel Van Schaick, at a place about three Miles from New Windsor about 7. Miles above West Point Fort & three Miles back from the North River. His dis- charge in some was given to a man of the name of Col. Elihu Thomson, of Oxford, to enable him to obtain a

Months back pay, which the State owed him for services. The discharge is now on file in the Clerk's office of the County of Cayuga in the State of New York with a Warrant on the back of it for 600 acres of land lot No 42 in the town of Hato in the County of Cayuga which he drew from the State of New York. During his service as a soldier. The discharge being on
file in the Clerk's Office he cannot get it. He was born 1758. The remainder of his life is lost. That he resided in the town of Hato when he enlisted after the war he resided in the town of Hato Hato until he returned to Canada after returning to this State when he a prisoner or Annuity except the present, I declare that his name is not on the Pension
Roll of the Agency of any State. -
Given under my hand this day of June 1862.
He further declares that the reason why he did not make application for a pension at the last September term of the Court of Sessions held for the County of Hato was that he was very sick & not expected to live long enough to get to Court, the reason why he now makes application to a Judge is that he is now almost blind & is unable to walk his way without the assistance of a friend to guide & assist him. - David his Kelley mark
Given to the undersigned this day of June 1862 G Brown Judge Jefferson Court
I certify that David Kelley the person who signed the above declaration says under oath, that he cannot write his name & always makes his mark. -
G Brown Judge Sept 6 court at

We Daniel Rutan (now John Town of Brownsville in the County of Jefferson State of Ohio) do hereby certify that Notwithstanding the same place, hereby certify, that We are well acquainted with David Kelley who has subsided known to the above declaration; that We believe him to be 74 years of age; that he is reported deceased, in the neighborhood where he resides to have been a soldier of the Revolution; & that We concur in that opinion.
Given under the hand & seal of this day.
Second Subscribed before me This 15 day of Oct 1832 G Brown Judge Jeff County Court
Daniel Rutan N. Rathburn
And the said Judge do hereby declare my opinion after the investigation of the matter, & after hearing the interrogation presented by the War Department, that the above named applicant was a Revolutionary Soldier, born in the State of New York, that it appears to me that Daniel Rutan & Nathan Rathburn who have signed the preceding Certificate, are credible persons and that their statement is entitled to credit.
G Brown Judge Jeff County Court
I Peter Brumbaugh, Clerk of the said County of Jefferson, do hereby certify that George Brown who has signed the preceding Certificate, was at the time of the date thereof a Judge of the Court of Common- Pleas in the said County of Jefferson in the State of Ohio. In testimony whereof I have hereunto set my hand this 15 day of October 1832.

Clerks Office Jefferson County ss.
I. Peleg Burchard Clerk of said county do hereby certify that George Brown Esq r before whom the oaths of the above certificates were taken was on the date of the same a Judge of the Court of Common Pleas in & for said county commissioned & sworn & duly authorized to take the same And further that I am well acquainted with the hand writing of said Judge & verily believe his signature to the above affidavits are genuine In Testimony whereof I have hereunto set my hands & Seal of said County this 16 th day of October 1832
Peleg Burchard Clerk By M c Lewis Sherman Deputy

16038
Role
Laura Kelly
admitted.
23 mo Private.
Claimant Nath. Rathbun
Brownville N York

WAR DEPARTMENT,
Pension Office,
183
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 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 complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of David Kelley of Jefferson County, New York
   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.     Remained at home enlisted for 3 Tri- Private Capt. Sanford Lieut. Van Schaick Col. Burr Malcolm Battles thru Monmouth Springfield & New Jersey New York Ramapo New York age 74 years Constitutional Evidence no clergymen no reason assigned  
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 do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of of the Court 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 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 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 cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional 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.

David R. King's application for land.
Act 1828
Settled at
Treasury
Concord with
Adonai Hill
File # 11993
C. H.

Re: 30 April 1834 N o 1
2115.
In the purpose of obtaining the benefits of the act, entitled "An act for the relief of certain surviving Officers & Soldiers of the Army of the Revolution," passed on the 15 th of March 1828. I David Kelly of Camden in the County of Herkshire in Upper Canada, do hereby declare that I enlisted in the Continental Line of the Army of the Revolution, for & during the War, & continued in its service until its termination; at which period I was a private in Capt. Teabody's Company in the first Regiment of the New-York line. And I also declare that I am now a Pensioner under the act of the 7 th of June 1832, under which said act I have received from the United States, as a Pension since the 3 rd of March 1826. The sum of Two hundred & thirty nine 98/100 Dollars, paid to me by the agent for paying pensions in the State of New-York.
I hereby relinquish every claim whatever to a Pension under the said passed 7 th June 1832. Every claim to a Pension or annuity, except the present, and I declare that my name is not on the Pension Roll of any agency in any State except as is also stated. —
Given my hand & mark this 22 nd day of April 1834 The word "Given" struck out & "I hereby" substituted before signing — The above declaration signed by David Kelly's making his mark to the same in my presence & sworn to before me this 22 nd day of April 1834. —
his David Kelly mark
By Brownson Judge J.P. Coeymans County
Note. The most convenient Bank is the Mechanic's & Farmers' Bank, at Albany. The most convenient Post Office is at Brownville Jefferson County N. York.

STATE OF NEW-YORK, } ss. Jefferson County Clerk's Office, }
I, PELEG BURCHARD , Clerk of said County, do hereby
Certify, that G. B. Esquire before
whom the annexed affidavit purports to have been sworn, and power of attorney acknowledged was at the date of the same a Judge of the County Courts in and for the said County, commissioned and sworn, and duly authorized to take the same.—And further, that I am well ac-
quainted with his hand writing, and verily believe his name subscribed to the same, to be his proper hand writing and signature.
WITNESS my hand and Seal of said County, this Twenty Second day of April in the year 183 11
Peleg Burchard Clerk.
By Henry E. Little Deputy Clerk

State of New York Suffolk county.
I Nathan Rattlebone of the town of Brookville in the County of Suffolk & State of New York being sworn, say, that the following is a correct copy of David Kelly's Discharge from the American Army, the Original of which is now on file in the Clerk's Office in the County of Suffolk, to wit: — "By his Excellency —
"George Washington, Esq. General & Commander in chief of the forces of the United States of America —
"These are to certify that the Bearer hereof, David Kelly, Private in the first New-York Regiment, having faithfully served the United States Seven Years, & being enlisted for the War only, is hereby Discharged from the American Army.
"Given at Head Quarters the 8 th June 1783.
"G e Washington. By his Excellency's Command. J. Turnbull Jr. S eq .
"Registered in the Books of the Regiment.
"J. H. Wendell adjutant."
on the back of the said Discharge is endorsed as follows. to wit —
"Head Quarters June 8. 1783.
"The within Certificate shall not avail the Bearer as a Discharge, until the Ratification of the Definitive Treaty of Peace; previous to which time, & until proclamation thereof shall be made he is to be considered as being on Furlough. "George Washington!"

And further this deponent says not.
Given before me this 22 nd day of April 1834.
N. Rathbun
G. Brennan Esq. Supp County Court

State of New-York
Jefferson County
I David Kelley of Canada
North Ontario
Upper Canada, aged 77. years, do upon oath testify & declare that in the year 1776. I enlisted in the Army of "During the War" & served in the Regi- -ment N o 1 st which under the command of Col: Van- -Schalk Capt: Theodore  Hebert  Stank  Stank of the New- -York line; & that I continued in the service of said until the close of the War, when I was regularly dis- -charged from the said First Regiment, commanded by Col: Van Schalk.
I further declare, that I have never received a Warrant for the Bounty Land promised to me on the part of the United States; nor have I ever assigned or transferred my claim in any manner whatsoever;
Therefore, I now all men by these presents, that I David Kelley of Canada, do hereby constitute & appoint Nathan Rattler of Brownville in the County of Jefferson State of New-York to be my true & lawful Attorney for me in my name to de- -mand & receive from the Secretary of War of the United States, a Warrant or scrip for the quantity of land due to me as aforesaid, & my said Attorney is fully authorized & empowered to constitute & appoint over a new substitute or attorneys under him, for the special purposes above expressed.
Attest. The words Theodore Tinker Stank and "Hebert" "Stank" his
interlined before signing
David Kelley mark
April 22 1834.
Sworn before me this 22 nd April 1834 G Brown Juge Jefferson County

Daniel Rutton of Leeds, in Upper Canada, aged Forty three years do affirm that I have been acquainted with David Kelly who has subscribed the above declaration in my presence Twenty years, I well knew that he is the identical person he therein represents himself to be, & further that I believe he did perceive the Military Order therein stated. — Dated April 22. 1834
attest G Brown
Daniel Rutton
Before me George Brown a Judge of the Court of Sessions for the County of Leeds in the State of New York, personally appeared before me David Kelly subscribing to the foregoing declaration, by making his mark to the same, & in my presence acknowledged the same & attesting thereto witnessed to be his free act & deed; I likewise personally appeared Daniel Rutton who hath subscribed the above certificate of identity, left to me known to be the person whose name is subscribed to the same, & acknowledged the same to be his free act & deed, & made solemn oath before me to the truth of the declaration by them respectively subscribed this twenty second day of April 1834. —
G Brown Judge Joseph Brown Clerk
He testifying that the within is a true and correct copy of the original

Pay WIDOW, &c.
File No. 11993
Mary Kelly Widow of David Kelly Priv Reer. War
Act: June 17 th /47
Index:—Vol. a , Page 392
[Arrangement of 1870.]

V 12. 648.
Mary Kelly, of Canada.
N. Y.
Let. to A. Ely, Jan 12, '45 Mon. O. Hunsford July 15. 1846 do to A. Ely Oct. 10 '46 do to same Oct. 20 '46 same April 12/47 same Oct 20/47 Oct 7 July 38.

Libt Hon. J. Mueller Jan 4, 1848. Adriel Clap Esqr. July 29, 48,

State of New York
Jefferson County
I Jacob Romborough being sworn depon and say that I am one of her Majesty's Justices of the Peace residing in the township of Conden in the Province of Canada West - When I have resided for the last thirty years of my life and was during that time well acquainted with the late David Kelly who was a pen- sioner for many years Blind & with his family - I am acquainted with many facts set forth in the preceding affidavit of Donald Scott and believe them all to be true - Mr Scott is a man of respectability and truth & further say not
Jacob Romborough
Sworn and subscribed this 22 nd day of August 1848 before me and I certify that the above named offiant is a Gentleman highly respectable & a man of truth
H B Hayes J P

I certify that Hosea B. Hays is a Justice of the Peace in and for the County of Jefferson in the State of New York and that his signa- ture to the within & succeeding affidavit is genuine & was a Justice on the day of the date of the same Watertown August 25. 1848
John M. Miller N. C.

State of New York
Jefferson County ss I Samuel Scott of Camden in the province of Canada West being duly sworn according to law depose and say that I was born in Warwick New York in the year 1786 being 62 years old next September. I was well ac- quainted with David Kelly and Mary Kelly his wife. My Mother was sister to the said Mary at the age of five years my father & his family and the said David Kelly & his family moved from Warwick to Canada. My father settled in Camden & Kelly in Kingston, the next year Kelly moved into Camden and there lived and died. My father's family and the said Kelly's were intimate and from my earliest recollection of any event the said David Kelly & his wife the said Mary Kelly lived together as husband & wife and raised a large family of children all of whom I know intimately. Their names are Rachel widow of John Oliver residing in Sidney who is older than myself - the next is Samuel Kelly of Camden who is about one and a half years younger than myself - the other children are James wife of Arthur Younman, Elizabeth, Sarah & Mary & further say not
Samuel Scott
Sworn and subscribed this 22 nd day of August 1848 before me and I certify the above named affiant is a man of truth & respectability. H B Hayes J P

Memorandum of Facts
Revolutionary Claims.
Treasury Department.
29 April 1834.
David Kelley — of Camden — in the County of Fredericksburg, in the State of Upper Canada has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15 th of May, 1828. He states that he enlisted in the Continental Line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a Private — in Captain De Vouts — s company, in the regiment of the New York line, and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15 th of May, 1778; and further, that he was not on the 15 th of May, 1828, on the Revolutionary pension list of the United States, and that he has received as a pensioner since the 3 rd of March, 1826, two hundred & twenty nine dollars and ninety eight cents under act of 7 th June 1832.
The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.
By order of the Secretary. Francis A. Dickinson.
Treasury Department.
Third Auditor's Office.
2 nd May 1834
It appears by the records in this office that a certificate for the reward of eighty dollars has been issued to David Kelley in the New York line —
It further appears that David Kelley — is now on the pension list of the New York — agency, and has been so since the 4 th March 1831 at the rate of $ 76 \frac{66}{100} — dollars per month. Annuity —
Richard H. Agassiz Aud
100 15,229

Report
581. 2 day. New-York Mary Kelly widow of David Kelly who was a Private in the Revolution Barnard Oct 4 th 1844
Inscribed on the Roll at the rate of 76 Dollars 66 Cents per annum, to commence on the 4th day of March, 1844.
Oct. Certificate of Pension issued the 27 th day of March, 1849. and sent to Hon. J. Mullen Member of Congress
[Act of JUNE 17, 1844.]
Recorded in Book 6 Vol. 2. Page 78

State of New York
Jefferson County ss I Henry Keck being sworn according to law depose and say that I am fifty six years old am a native of State New York and moved into Camden in Canada from Western Ontario County New York seventeen years ago, and soon became acquainted with David Kelly and his family - the said David was black and was a pensioner of the United States He and his wife were then old people with a large family of children - I am well acquainted with them - and although I do not know their ages yet I fully believe from the appearance and from the impressions I have got that Samuel Kelly one of the sons is about my age. I have no doubt that he was born before 1794 nor is there a doubt that Mr Kelly & his wife were married previous to that date. I am well acquainted with Samuel Scott of Camden, who I understand has given testimony in the matter of Mr Kelly's pension - I know him to be a very respec- table man & a man of truth
Sworn & subscribed to before me this 22 nd day of September 1847, and I certify that said Henry Keck is a man of respectability and truth
Henry Keck
W. H. Sheenway Justice of the peace

STATE OF NEW YORK, } ss. Jefferson County Clerk's Office, }
I, James G. Lynde, Clerk of said County, do hereby certify, that
Wm A. Shumway before whom the annexed affidavit purports to have been sworn,
was at the date of the same a Justice of the Peace in and for said County, and duly authorized to take the same; and further, that I am well acquainted with his hand-writing, and verily believe his name subscribed to the same to be his proper hand-writing and signature.
Witness my hand, and seal of said County, this 23 in the year 184 7
day of Sept. J. G. Lynde Clerk.
By J. G. Lynde dep

David Kelly was a Private in Col. Malcom's N. York Regt. was pensioned under the act of 15 th May 1828 - died in Canada Oct. 4, 1844 - Mary Kelly his widow was married in 1784 - Declared for a pension before Judge Sher- man Jan'y. 31 1846 - Marriage proved by Mrs Lewis & a Mr Clark very aged people & eye witnesses - The pension has been suspended until now for further proof of marriage - I have acted as attorney for the old Lady - I procured the testimo- ny of Samuel Scott & Samuel Kelly, which was taken before a Canadian justice, whose official act was de- ly certified by the Clerk of the Court & the certificate of the Gov of Canada attached showing the official act of the Clerk - this would not do - In August 1848 Sam l Scott & Jacob Rosubough generally made their affi- davit in the matter their affidavits must re- move all doubt - they were sent to Mr Goss in person Edwards August 24, 1848 by me from Watertown P. Office - I have not been able to get any communication from Mr Ed- wards on this subject & beg of you in behalf of the old Lady to try to get a decision in the matter Yrs, 708403 Truly Respectfully & on behalf of Adm l Edw s

STATE OF NEW-YORK, } ss. Jefferson County Clerk's Office, }
I, PELEG BURCHARD, Clerk of said County, do hereby Certify, that G. Brann Esquire before whom the annexed affidavit purports to have been sworn,
was at the date of the same a Judge of the County Courts in and for the said County, commissioned and sworn, and duly authorized to take the same.—And further, that I am well ac- quainted with his hand writing, and verily believe his name subscribed to the same, to be his proper hand writing and signature.
WITNESS my hand and Seal of said County, this Sunday Second day of April in the year 1834
Peleg Burchard Clerk.
By Samuel H. Smith Deputy

Increase Payment to made at act 17 June 44 by  T. W. Alcott, Esq., Agent for paying Pensioners, in the Agency of  New York
Issue a Certificate of $80 per am. per 4 Oct 1844, Payable on the 4th September and 4th March
addition what has been paid if any, at the rate of 76 1/4
Recorded in the Pension Office, in Book A Vol. 2 Page 78
H. R. Ransom , Clerk.
Admiral Ely Malutown N.Y.

DEPARTMENT OF THE INTERIOR.
WIDOW'S PENSION.
I certify that in conformity with the act of June 17th, 1844, Mary Kelly, of New-York, widow of David Kelly, who was a Private in the Revolution, and died on the 4th day of October, 1844, is inscribed on the pension list at the rate of Seventy six dollars and Sixty six cents per annum, commencing on the 4th October March, 1844, and terminating on the 4th of March, 1848, unless the Pensioner married or died before the last mentioned date; in which case the Pension is not payable after the time of such marriage or death.
Given at the Department of the Interior, this 27th day of March, one thousand eight hundred and forty-nine.
T. Evans
Secretary of the Interior.
Examined and countersigned.
J. L. Edwards
Commissioner of Pensions.

Midland District Canada West
Personally came and appeared before me this day George Bell of the Township of Canada East in said District and being duly sworn doth depose and say that he is forty eight years old and that since he was a small boy he was personally acquainted with the late David Kelley a Revolution- ary Prisoner of the United States and his wife Mary Kelley and that they lived together as man and wife until the day of Kelley's death raised a large family of children were always recognized as man and wife and further this deponent says not sworn and subscribed before me at Comber- est in said District this seventeenth day of November in the year of our Lord 1847.
George G Bell Jacob Rombough J. P.

Canada West } No 84:1
Midland District } Sarah Hawley of said District being duly sworn according to Law doth depose and say that she is in her 66 year of her age and that her father William Luever lived near the town of Warren in York State and that when he left there to come to Canada she was but 8 years old and that her father moved her unlike David Kelley his wife Mary as family to Canada and that while they lived into the states and ever since until David Kelley's Death which took place October 1844 she was personally acquainted with them and that they were always recognized as Man and wife that they raised a large family of children 2 of which were born in the states Rachel & Samuel and that she often heard her father speak of their being married at his house and that she never heard any thing to the contrary but that they were man and wife and that David Kelley was blind for a number of years before he died and that while she was at John Shoomans at work she saw the children of David Kelley come there and get necessaries for the family and further this deponent saith not
her Sarah X Hawley mark
Sworn before me at London in said District of Midland the 7 Day of December 1867
Jacob Pomborough Justice of the peace
N.B. I do hereby certify that I have been personally acquainted with the above named affiant for 32 years and that she is a woman of truth and veracity
Jacob Pomborough J.P.

Midland District) I James Nicholls of the City of Kingston Jurat. Esquire Clerk of the peace of the said District do hereby certify that Jacob Ramboough of the township of Camden in the said District Esquire is now and for many years past has been a Magistrate of the said District duly appointed qualified and sworn as such - that the Signatures to the annexed papers by Jacob Ramboough are of his true and proper hand writing, to which full credit may be given. Given under my hand and private Seal (having no Seal of Office) at Kingston this the Eighteenth day of February One Thousand Eight Hundred and Forty Eight
James Nicholls Clerk of the peace Midland District

Watertown N.Y. Dec 9. 1846
Sir
Allow me to call your attention once more to the case of Mary Kelly, widow of David Kelley and request a careful examination of the proof in regard to her marriage prior to 1794. They were married in this State & shortly afterwards moved to Canada, and the only two persons living in either place who knew anything of their marriage are William Lewis of Canada and Hannah Clark of Oneida County New York. I have endeavored to find other living testimony and cannot, it therefore results in this, that her pension must be allowed upon the present proof or not at all — She has established her marriage & the date of it 10 years earlier than the limit for a pension by two witnesses certificate of the Magistrates to be highly respectable persons &c As the attorney of Mrs Kelley & in her behalf allow me to ask for your decision on this question viz: Does not the testimony of Mr Lewis & Mrs Clark establish the marriage of Mrs Kelley with her deceased husband prior to 1794 beyond a reasonable doubt, and would not this testimony be sufficient in any civil action in any court of the Union? It so appears to me. I believe that Congress intended by the late law that the rigid rules of the Prussian

should be relaxed - the law says no other proof shall be required than such as "would be sufficient to establish the marriage, between the applicant & the deceased husband pensioner in civil personal actions in a court of justice." The testimony of If two credible witnesses are testifying to the fact of the marriage is not sufficient proof in a civil action what measure of evidence, then ? - I would certainly give further proof if it could be found, but as it cannot I must insist that the Mrs Kelly has established her right to a pension by the proofs in file - I long for an immediate answer to this letter
Respectfully Yrs Obt servt Adelaide Ely
Colo Edward Carrington Pension Washington

Davie Kelley, Canada, on New York Roll Act 15 May 1828, $80 00 per An.
To what time was he last paid? - G. B. A.
Pension Office March 24. 49 3 )
Died 4 th October 1844 Paid to his death. W. B.

Sir
Watertown Jefferson County New York September 23 rd 1897
Allow me to call your attention once more to the suspended claim of Mary Kelly widow of David Kelly. The claim is suspended on the ground of insufficient proof of marriage. I enclose an affidavit of Henry Beech a neighbor. It is confirmatory of the facts set forth in the affidavits of Samuel Seate and Samuel Kelly whose affidavits being taken before a Canadian Justice were not admissible.
M rs Kelly has sworn that she was married in 1784.
William Lewis has sworn to the same date & given his reasons for his remembering the time.
M rs Hannah Clark residing in the very house in which these people were married has sworn to the time as alleged & given such proofs of her memory as to make me believe that she cannot be mistaken. The objection made to this witness viz that she did not write, is overcome by a subsequent affidavit of the Justice & also a letter from the Minister. In addition to this array of proof you have the affidavits of Seate & Kelly substantiated by the enclosures. I hope to hear that,

his claim has been allowed
Respectfully your obed
Sir
Isaac Ely
J. L. Edwards Esq
Qwerty Pensions
Washington

Sir
Watertown Jefferson County New York April 1. 1847
In the case of Mary Kelley widow of David Kelley. I enclose herewith the affidavits of Samuel Scott and Samuel Kelley taken in Canada - They are informal and must pass for what they are worth -
I also enclose the letter of the Rev. Mr Hartwell of Warwick reflecting the marriage of the said Mary to show that further evidence of their marriage cannot be procured in that quarter - If you will take the trouble to read that letter you will perceive that this minister entertains no doubt of the truth of her statement - The act of Congress, declaring that no further proof other than such as would be sufficient to establish the marriage between the applicant and the deceased pensioner in civil personal actions in a court of limited jurisdiction should be required, was intended I have no doubt to be made applicable in just such a case as this - We have offered the best evidence in our power and it seems to me no court would hesitate to say that the marriage

of David Kelly & Mary Babcock and duly established prior to 1 Jan'y 1794, The affidavits of William Lewis and Hannah Clark are clear & positive.
I beg a review of the testimony in his case to your decision thereon.
Very Respectfully
Yrs Ob't Servt
Adriel Ely
(A. L. Edwards and of Boston)
Samuel Kelly was born in 1789 Sam Scott Reunited - 1794

Midland District and province of Canada West

Pension Office January 19 th 1849.
Sir,
In reply to your letter of the 13 th inst. in the case of Mary Kelley, I have the honor to inform you that we cannot furnish a satisfactory answer unless we know, the name of her husband, the service performed, whether in the Army, Navy or Militia, and whether for pension on land - whether during the revolu- tionary war, the war of 1812, or the Mexican war. The name of the person who sent the pa- -pers to the Pension Office; the time when they were sent, and from what Post Office, should also be stated.
I have the honor to be Very Respectfully Your Obedient Servant. J L Edwards
Hon J. Mullin House of Representatives.

Watertown N.Y. Aug. 26. 1848
Sir
In the case of Mary Kelly, widow of David Kelly, you will receive herewith the affidavits of Samuel Scott and Jacob Rombaugh in relation to the marriage of the said Mary, which I presume, with the previous testimony in the case will be satisfactory.
Very Respectfully Yr Ob Servt
Adriel Ely
Col L. L. Edwards Card of Pensions Washington

Watkins Off. Co. N.Y.
May 3. 1849
Sir On the 4th day of April last I returned through the mail to your office for correction a Pension Certificate dated March 27 th 1849 issued to Mary Kelly of New York widow of David Kelley for $76, 66 cts per annum - I wrote to you that David Kelley was a during war's man & soldier of Malcom's Regt N.Y. Line & a pension under the act of 15 May 1828 & therefore the pension should be $80 per an m instead of $76 66
I ask very respectfully that the certificate should be corrected & returned at once - It is now four weeks & passing from former delays it may be a long while before I hear again of this matter - I have therefore thought proper to call your attention to my request & I feel compelled to say that unless this letter is answered I shall have to appeal to Mr. Leavitt Esq. Yours Respectfully Adriel Ely
! L Edwards Esq Clerk & Pensions

Watertown Jeff. Co. N.Y. April 5 1849
Sir
There is evidently an error in the rate $76.66 of the herewith inclosed Pension tificates of Mary Kelly - Her husband David Kelly was a during War's man in Capt. Richards' Comp. Col. Malcomb's Regt New York Line and was pensioned under act of 15 th May 1828 & $80 per annum - I do not see therefore how this can be right
I hope it may be cor- rect & returned by Return Mail
Very Respectfully Yr Ob Servt
Adriell Ely
J. L. Edwards Esq Care of Pensions Watertown

I certify that it appears by the roll on file in the Treasury Department that David Kelly enlisted as a private for the war in Capt Sandford's company Col Malcoms Regiment, 6 th April 77 and was mustered to March 1779.
Francis A. Dickinson Clk.
Treasury Department.
16 May 1833.

Mr Francis A Dickinson will thank Mr Edwards to state at what Agency Mr Kelley now receives his pension & when this is Treasury Department 5 May 1834.
Payments to be made at New York by Fred. U. S. B. Bank Agent for paying Pension- ers, in the Agency of New York
Recorded in the Pension Of- fice, in Book (E Vol. 1) Page 23 by O. L. Williams Clerk.

No. of orig. Pkt 1167
WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, David Kelley of the State of New York who was a Private in the war of the Revolution is entitled to receive Twenty Six dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 18 day of May one thousand eight hundred and thirty-Three
L. Wood
Secretary of War.
Examined and Countersigned. }
J. Edwards
Commissioner of Pensions.

Revolutionary Claims,
Under the act, entitled, "An act for the relief of certain surviving officers and Soldiers of the Army of the Revolution," approved 15th May, 1828.
TREASURY DEPARTMENT,
13 May 1834.
Sir:
I have the honor to inform you, that David Kelley formerly a private in the New York line of the Continental Army; and who has heretofore received a pension at the New York Agency, has been admitted to the benefits of the abovenmentioned act.
I have the honor to be,
Very respectfully,
Your obedient servant
R. B. Taney
Secretary of the Treasury.
The Hon.
Secretary of War.

Warwick Orange Co N.Y. Feb 17. 1846.
to Mr. Gily
Dear Sir
Yours of the 31 st ult came safe to hand; in answer to your inquiry respecting our Church Record I would state that we have never kept any record of Marriages. In regard to Mr Samuel Benjamin & Mr Samuel Fletcher they are both dead. I have made inquiry among the old people in this town and have found but one person in this region that remembers Mr Kelly & his Wife, that is an old Lady by the name of Hannah Clark She now receives a pension. Mr Lewis lived on the farm of her husband which she now lives on at the time that Mr Kelly was married. She was present at the Marriage. She remembers it well. She knew it was soon after the war closed and by examining the deed of the farm to her husband which was dated April 1784. She knew it must be about that time ie 1784. She mentioned their names, She said David Kelly married Polly Babcock. I took a Justice of the Peace there who took her deposition which was sworn to & subscribed & witnessed, which I thought to get the County Clerks certificate to and send it to you, but

on looking it over I feared that it was not sufficiently definite as there was no mention made of who married them or that she saw them married altho it states she was present at the marriage. She also made her mark but the Justice did not mention that she subscribed by making her mark. Some other things I thought might be necessary to be mentioned, so I concluded to write to you & let you know what she knew about the marriage & if you think proper you can mention in a letter the particulars you wish her to swear to & also the course to be pursued & I will try & attend to it to the best of my ability & with as little expense as possible. Is it necessary for me to certify under oath that there is no record if so I wish you to let me know & also as to the other steps to be taken.
Yours most respectfully
Adair Ely Esq
Philander Hartwell Pastor of the Baptist Church Warwick

Mary Kelly widow of David Kelly add. from A. Ely Admiral Ely all

BY HIS EXCELLENCY THE RIGHT HONORABLE JAMES, EARL OF ELGIN AND KINCARDINE, K. T. Governor General of British North America, and Captain General and Governor in Chief in and over the Provinces of Canada, Nova Scotia, New Brunswick and the Island of Prince Edward, and Vice Admiral of the same, &c. &c. &c.
To all to whom these Presents shall come,
Greeting:
These are to Certify, that James Nicholas Lyngiere , whose name is subscribed to the minutes of the  minutes of the is Clerk of the Peace — duly appointed in and for the Midland District
in that part of the Province of Canada heretofore Upper Canada, and that full faith and credence are due and ought to be given to his signature and acts, in that capacity, in all places.
GIVEN under my hand and office Seal, at Montreal, in Canada, this Twenty first — day of February — in the year of Our Lord, one thousand eight hundred and forty- eight and of Her Majesty's Reign the eleventh
Elgin and Kincardine
By Command,
J. A. Harington Recr of Secy

Treasury Department.
Pension Office.
Chief Clerk

Watertown Saff. Co. N.Y.
Sept 23 1846
Sir
In the case of Mary Kelly widow of David Kelly, the proof of whose marriage has been deemed insufficient, I herewith submit an affidavit of William Lewis and a Certificate of the Magistrate who took the affidavit of Mrs. Clark. The objection raised was that the witnesses did not write - this objection is removed by the present papers. The fact which Mrs. Clark distinctly remembers that the marriage took place about the time of her husband's receiving a certain Deed, now in her papers dated in 1784 strengthens her affidavit materially - there are two eye witnesses of an event that took place ten years before 1794, both giving substantial reasons why they are enabled to remember the date - I should have procured more if I could - soon after the war these people removed into Canada & there is no one but old Mr. Lewis alive that knew them from 1784 to 1794. I hope this will appear in such a light as to justify the Commission in sending in a Certificate.  Col. H. Edwards Cr. at P. Yrs Respectfully Adriel Ely

Watertown Dec. 20. 1847
Sir
I have requested the bearing of this the Hon. Joseph Merrill of the House of Representatives to call upon you and look over the papers of Mrs. Mary Kelly widow of David Kelly - I feel desirous that her claim should be allowed for I believe it is a just one.
The family are poor, the oldest children born in Onondaga County New York from whence they moved into Canada at an early day - I find it impossible therefore to find those who were then associates who can testify in the matter - Unless therefore upon a hearing of the case & all the testimony, he still shall be admitted she must appeal to Congress for a special law - I therefore write Mr. Merrill to examine the papers and give you his views on the subject.
Col. J. L. Edwards Com d of Pioneers Newburgh
Yrs Respectfully Adriel Ely

Watertown Jefferson County N.Y. Feby. 29. 1848
Sir
I enclose herewith the affidavit of Sarah Hawley as further evidence of the marriage of Mary Kelly widow of David Kelly prior to 1794. She is the daughter of William Lewis who in this case has given positive evidence in the same matter. I am quite certain that the evidence on file in her case than other than that of Mr Lewis & Mr Clark would have been deemed sufficient in any Court of Justice of the United States in a civil suit. In addition to Mr Hawley is that of Mr Ball which is wanting in the usual certificate of exhibiting from the Justice. I hope these papers will prove satisfactory & on early attention to them give
Will you please to inform me whether a declaration for a pension by a widow who resides in Canada made before one of the Judges of their Courts, will be received & acted upon, if the special character of such judge is made satisfactorily to appear.
Very Respectfully
Yr Ob Servt
Advent Ely
L. L. Edwards Esq Cust of Pensions

Watkins N.Y. 29. Feb. 1848
Sir
In behalf of many widows residing in this Vicinity I ask for the instructions necessary to a successful application of them for a continuation of their pensions under the Act entitled "An Act making further provision for surviving widows of the Soldiers of the Revolution" approved Feb. 2 1848.
Very Respectfully Yr Obt Servt Adeline Ely
Col. L. L. Edwards Comd of Pensions Washington

May 15: 1848 Bales attention to the case of Mary Kelley, Act 1-1838 to the heirs of John Barton Percy, Act 1-1832 N.Y.
L. Edwards Esq Com'g Pensions Washington
Adrick Ely Watertown N.Y.

Watertown May 8, 1848
Sir
In the case of Mary Kelly widow of David Kelly whose declaration for a pension was filed in your office in March 1846 and claim suspended for further satisfactory proof of the marriage I beg leave to call your attention to the further, and I hope satisfactory proof which was sent to you by mail under date of February 29 th last, I earnestly but respectfully request your immediate decision in that case.
I also beg leave to call your attention to the claim of the heirs of John Purdy. I sent to you further evidence in this case mailed the 3 rd inst. last viz: the affidavit of Saml Watson and David Purdy. If I comprehend your objection to the admission of this claim it is this, that the John Purdy of Capt Sacketts Compy cannot have been the husband of Hannah Purdy claimant's mother because the principal witness Scoville swears that he was left the C ty & went South with the army before the expiration of his service. Now let me ask if this is not reconcilable with the fact that he was paid for 9 months service by the State of New York as of Capt. Purdy.

Com/y. Scofield swears that he and the husband of Hannah Pardy and the father of their claimants enlisted at the same time in Bedford Westchester County N.Y. in Capt. Rich Buckets Company - The Certificate of the Comptroller shows that both Scoville & Pardy commenced service together. The Scoville is right there so far - He then swears that after a few months an arrangement was made by which Pardy left the Company and went with the main Army South to drive the traitor of one of the Continental Officers - This is all he knows of his service except what Pardy afterwards told him - Now is there any thing improbable in this as At the end of this enlistment could he not have brought to Capt Bucket such a per- son from the Officer as would enable Capt Bucket to return him as having fulfilled his term of En- listment? - This seems to me far more prob- able than that he Scoville should make a false statement about it. Look at Mr Burr's affidavit - You will perceive that if any body is to be believed he Scofield is - Scoville He swears positively that the John Pardy who enlisted with him was the husband of Hannah Pardy the mother of the claimants and that there was no other person of that name in the Company with him and that he did leave the Company

on a special service & lately, what it was - The Certificate of the Court Master shows that John Purdy a witness served in some capacity for some time of time -
I do not expect any allowance for more than the time allowed him under Cost packet - yet there is one more period or set down to his name - you will observe that the other three terms of service are set to John Purdy , not Pardy - I have endeavoured to look at this case carefully and am not able to comprehend your objection to it on any other ground than that the witness Seville has sworn falsely, either intentionally or otherwise - I therefore procured the affidavit of Mr Barr who is as respectable a man as we have, to show the character of Mr Seville - What object could Seville have in making a false statement - & on which you are inclined to oppose to the Record & if there had been an indictment to swear false in the matter, it would have been to make his affidavit correspond with the record - I hope you will look at this matter again & let me know if you do reject it, upon what grounds, you do so - Yrs Respectfully, Adriel Up Col L Edmund

J. L. Edwards Esq Sir
Watertown July 7. 1848
In the case of Mary Kelly, the objection to whose claim is insufficiency of the proof of marriage, certain evidence taken in Canada to complete such proof was, as long ago as January 4. 1848 returned to me through the Hon. Mr. Mullen M. C. as unavailable because defective in the use of a private seal by the Clerk. This objection I had removed by a Certificate from the Governor. & the papers were returned July 29. last but have not been noticed by the Comptroller.
This is a case of long standing - the marriage was long ago established by the affidavits of two credible witnesses Mr. Hannah Clark & William Lewis, but it seems not to the satisfaction of the Department.
I think I have a right to ask that you review this case, examine all the testimony and decide upon it at once.
Yrs Respectfully
Adriel Ely

Mary Kelly widow
7 David Kelly
addendum up to June 1878
A. Ely atty

State of New York Orange County } ss.
I Sam. Wilson a Justice of the peace in and for the County aforesaid do certify that I am the magistrate before whom Hannah Clark a few months ago made affidavit in regard to the marriage of David Kelley to Mary Babcock, That she the said Hannah Clark appeared to be a person of sound mind and memory, that I have lived within a few rods of her all my life, and that her mental faculties of memory &c, are as good now as I ever knew them, that for the last twenty years or more her hands have been drawn out of shape by the rheumatism which has deprived her of the faculty of writing and although I never saw her write, I am satisfied that she could write before her physical inability, I saw the deed referred to in her affidavit and the date was in 1784, and she was positive the said marriage was just after the close of the Revolutionary war and about the time of the giving said deed, That her reputation for truth and veracity is universal through all who are acquainted with her, I verily believe
Sam. Wilson J. P.

State of New York Suffolk County
I William Lewis of Midland District Canada West being duly sworn depose and say that about a year ago I made an affidavit before Jacob Rosenbough Esq. one of her Majesty's Justices of the Peace in regard to the marriage of David Kelly to Mary Nobeack all the facts set forth in that affidavit are true & in addition I would say that at the first I thought the marriage took place in 1782 but on examining into the time of my own marriage I became satisfied that the marriage took place in 1784. I do know that it was just after the conclusion of Peace & from my own marriage which was a short time previous I am quite certain it was in 1784. They were married at my house in Belleville Orange County New York by Eldon Benedict. I am an old man and know how to write but from a trembling of my hand cannot
On this 3 rd day of November Lewis September 1846 personally
appeared before me Mr. Lewis above named and made Oath to the truth of the foregoing state- ment & from the affidavits of those acquainted with him I certify that he is a man of respectability & truth
E. Sabin Justice