Revolutionary War Pension and Bounty Land Warrant Application File S. 45443, for William Kelly, Massachusetts

SERVICE
NUMBER _____
16. 1912
or Kelly William Kelly
S. 45443
CONTENTS

See let. to Brigham Oct 28 '35
F. in Nov 10 1835
Transf. N.Y. from 4 Sept 1834, Nov 25 1835 Recd sent to Pvt. Care of Mrs. Brigham Keeneville N.Y.
Letter showing the time to which the Pen. was paid at V o filed with papers of Saml. Fuller, N.Y. roll act 1818
1585 re-transferred to New York to Connecticut William Kelley 2 d of Connecticut in the state of New York who was a Private in the regiment commanded by Colonel M. Jackson of the Massachusetts line, for the term of three years 1777
Inscribed on the Roll of New York at the rate of Eight Dollars per month, to commence on the 28 th of May 1841 -
Certificate of Pension issued the 12 th of March 1844 and sent to Sam l Lake, Esq. m.p. , Belacene, N. York
Arrears to 4th of March 1844 - 931.74.66 Semi-annual all ce ending 4 Sept 1844 40.00 $122.06
Revolutionary claim, { Act 18th March, 1818. }
Genesee County -

State of New York & Genesee County ss. On this 28 th day of May in the year 1818 Before me the subscriber one of the Judges of the Court of Common Pleas in and for said County personally appears William Kelley aged sixty years Resident in the Town of Barre in the County of Genesee, who being by me first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled "An Act to provide for certain persons engaged in the land & Naval Service of the United States in the Revolu- tionary war" That he the said William Kelley on or about the last of March in the year 1777 enlisted in the Continental Service in Captain James Varnum's Company in the 8 th Massachusetts Regiment commanded by Col. Michael Jackson, in Genl. Larnard's Brigade, for three years. That he served as a Soldier in said Company until the 23 rd day of March 1780 when he was discharged at West Point, by Genl. Washington. That he was also in the Continental Service eight Months in the year 1775 under Capt. Lindsey in Col. Gerish's Regt. and six Months in the year 1776 under Captain Johnson in Col. Wigglesworth's Regiment of the State of Massachusetts. That he was in all the

Principal Battles fought at the capture of Genl. Burgoyne, and was in the Battle at Monmouth and in many Skirmishes. That he is now in reduced circumstances and stands in need of the assistance of his country for support. That he has no other evidence, in his power of his said services, and that he never received any pension from the United States. William Kelley Sworn and declared this 28 th day of May 1818 Before me
James W. Stevens
Judge as aforesaid
I hereby certify that it appears to my satisfaction that the said William Kelley did serve in the Revolutionary War as stated in the foregoing Declaration against the common Enemy, and that he the said William is in absolute need of assistance from his country for support; and I now certify transmit the proceedings and testimony had and taken before me to the Secretary for the War Department pursuant to the direction of the act of Congress before mentioned. —
James W. Stevens
Judge as aforesaid

State of New York Genesee County } ss. Daniel Curtis being duly sworn saith that he has been well acquainted with William Kelley for two years past, during which time he has been considered as a man in indigent circumstances. That he is in possession of one cow, one old Horse worth about twenty Dollars, and household furniture, in the whole not worth over seventy five Dollars, that he has received the principal part of his and his family's support, for the two years past, from his son William Kelley, junr. who is, as he this Deponent has been informed and verily believes to be true, twenty eight years old. That the said William Kelley is an infirm man and not able to obtain a living by labor, and further saith not.
Sworn and subscribed this 28 th day of May A.D. 1818 Before me
Daniel Curtis James W. Stevens Judge as aforesaid.
The said Daniel Curtis further deposes and saith that the said Kelley's infirmity is the Rheumatism which he has been believed to have the time he has been acquainted with him, which is two years, and the said Curtis further says that he has heard the said Kelley depose that his constitution was much injured by being over heated in a warm bath.
Daniel Curtis
Sworn & declared as aforesaid?
James W. Stevens,
Judge as aforesaid.

State of New York
Genesee County } ss.
I Simon Cummings clerk of the County aforesaid do hereby certify that James W. Sterns before whom the within affidavit was made is a Judge of the Court of Common Pleas in and for said County acting under the authority of this State and that the within is his signature. In testimony whereof I have hereunto set my hand and County Seal at Batavia the 29 th day of May A.D. 1818.
S. Cummings
Simon Cummings Clerk

William (e) V. Allen
555.73
J. M.
Duplicate
24 v 84

At a court of common Pleas held at the Court House in the Village of Batavia in and for the County of Genesee in the State of New York on the 16th day of June of the term of said 1820 being a court of record in pursuance of the 4th article of the Constitution of the State of New York which has unlimited jurisdiction, rules & courses of its proceedings and has immemorially exercised the power of fine and imprisonment.
Present The Hon. John H. Jones, Isaac Wilson, Richard Smith and Moses Hovey, Judges.
Elizer Cooley, S.C. On this 16th day of June 1820 personally appeared in open court (being a court of record) William Killilea 60 years resident of town of Barr in said County and being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary war as follows he enlisted in the year 1777 for three years in Captain James Varnum's Company in Colonel Michael Jackson's Regiment of the Chasseurs light line and received an honorable discharge in March 1780 at Mt. Point that his declaration was dated the twenty eighth day of May 1818 and his certificate is numbered 7,585 and he solemnly swears that he was a resident citizen of the United States on the eighteenth day of March One Thousand eight hundred and eighteen and that he has not since that time by gift sale or in any manner whatever disposed of any property or any part thereof with intent hereby to diminish it as to being myself within the provisions of an act of Congress entitled "an act to provide for certain persons engaged in the land and naval services of the United States in the Revolutionary war" passed on the eighteenth day of March One Thousand eight hundred and eighteen and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed - Schedule -
Real Estate I have now. I live with my son Daniel Kelly who lives in the town of Barr, and is in possession of Fifty acres of land situated in said town, on which there is from six or eight acres under improvement and on which

Real Estate I have now. I live with my son David Kelley who lives in the town of Barre, and is in possession of Fifty acres of Land situated in said town, on which there is seven or eight acres under improvement, and on which there is now due to the National Land Company three hundred and fifty two dollars, and on which there is a small stone house, and barn etc.
Personal Property I have
One small mare 10 or 15 years old
3 Cows. One Old cow & One old horse
1 Cow. 1 Bull. One small dish. etc.
3 Iron Crops, and harness
3 Iron rakes 2 wooden dishes
3 wooden buckets
I have no debts due to me.
I am indebted to the following persons
   Wm. Woodworth of the town of Barre 15.00   " Doctor Nicholson of Barre 2.57   " William Tannec — Barre 21.00   " Nehemiah Ingersoll of Elba 9.10   " Isaac Kelley — Barre 1.57   " William Rodgers — Barre 1.31   John Prudden of Barre 2.00   John Holland — of Barre 2.00   $35.41  
and the defendant in the said that his necessary wearing apparel and bedding for himself and family does not exceed twenty dollars in value that his occupation is a Cooper and does not enjoy good health part of the time, not able to any kind of labour, owing to the infirmities of old age, that he has a wife named Lydia aged fifty years, whose health is very poor has the Dropsy and is unable to do any kind of labour and further he has four children, whom he has

and the deponent further saith that his necessary wearing apparel and bedding for himself and family does not exceed Twenty Dollars in value that his occupation is a Cooper and does not enjoy good health part of the time but able to any kind of labor, Owing to the infirmities of old age, that he has a wife
named Lydia aged fifty years, whose health is very poor has the Dropsy and is unable to do any kind of labor and further he has four Children whom he has to support, Sarah aged 19 years, James aged 12 years, Hannah aged 10 years, Ruth aged 8 years which compose his family. his situation is pecuniarily needy, and he has no land of his own
William his Reilly mark
Sworn to a Subpoena
June 16. 1820 - Open Court
before me J. Cummings Clerk of Gen.
Comm. Pleas

Clerk of the Court of Common Pleas in and for the county of Genesee, do hereby certify that the foregoing oath (or affirmation) and the schedule thereto annexed, are truely copied from the record of the said court; and I do further certify that it is the opinion of the said court that the total amount in value of property exhibited in the aforesaid schedule is
Fifty eight dollars and and  Twenty five cents. dollars
In Testimony whereof I have hereunto set my hand and affixed the seal of the said court, on this twentieth day of June 1826.
[Signature] Clerk of the Court for the county of Genesee.

APPLICATION FOR A TRANSFER.
County of Franklin ss.
On this Sixteenth day of September 1835 , before me, the subscriber, a Justice of the Peace for the said County of Franklin personally appeared William Kelley who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain James Barram the Regiment commanded by Colonel Michael Jackson in the service of the United States; that his name was placed on the pension roll of the state of New York from whence he has lately removed; that he now resides in the state (district or territory) of New York the State he formerly resided where he intends to remain, and wishes his pension to be there payable, in future; and that his reasons for removing to the state of New York are that he wishes to live with a son of his in consequence to living in state of Connecticut . Sworn and subscribed to, before me, the day and year aforesaid. { William Kelley mark.
James Kelly justice peace
NOTES.—The oath to be taken before a duly qualified magistrate, whose official character and signature must be authenticated by the certificate of the proper officer, setting forth that the person taking the testimony is a Justice of the Peace, Judge, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
The pensioner's oath must be supported by the evidence of another person as to identity. The person must swear that he well knows him to be the same person described in the above affidavit. The magistrate must certify that the deponent is a person of veracity. This oath must also have the authentication as above required.

18th Dec 1841
1885

S. Albans Sept. 6 1826
Sir Enclosed is William Kellys affidavit for a transfer of his pension from the New York to the Vermont agency Yours respectfully Horace Davis

Oct 28 Oct 23
J. L. Edwards Esq. War Department Washington City
Mr. Bruns
am Oct 28-35

Newville Octr 23-1835
Wm L Edwards Esqr
Sent the Pensioner named in the inclosed Application for a Transfer William Kelley wishes to have his Pension made payable at the City of N.Y. - Please direct accordingly & in such Oblige Yours & forward the same as soon as may be conve- ient
Yours Respectfully John Brigham
Essex County State N.Y.

Kendallville Novem. 3 rd 1855.
Dear Sir:
I am requested by Mr John Brigham of this village to return to you the application of William Kelly for a transfer with the paper from which it had been torn.
I adhered to this course especially as Mr Kelly resides in Franklin County, a distance of some fifty miles from here, and from a strong belief that Mr Thomas S. Harnys affidavit explaining the circumstances under which the paper was mutilated and the concurring evidence of the papers themselves when the edges are placed in contact, would satisfy you that they were genuine. - I believe the papers now forwarded to you contain all the evidence required by your letter to Mr Brigham, which is also enclosed.
Very Respectfully Yours
J. S. C. Edwards Esq. Comm. Business
J. S. Henson

War Department Pension Office
Oct. 28 th 1835
Sir
I herewith return the application of William Kelley for a transfer accompanied by another printed sheet of instructions on the subject which must be complied with in every particular before the transfer can be made. As the paper now stands it appears to have been torn and a part of it lost, and it contains no evidence of the pensioners identity.
Very respectfully
Yours obedt. J. L. Edwards
John Brigham Esq. Keeseville N York

45 443
INVALID.
Rev
File No. 45 443
William Kelly
Prin. Rev. War
Act: 18 th March 1818
Index:—Vol. 3 , Page 269
[Arrangement of 1870.]

Essex County
State of New York Essex Clinton County ss Thomas J. Harvey of the Village of Keeneville in the town of Penn and said County being duly sworn upon the and with that on the fifteenth day of October last past at the request of Mr John Brigham of Keeneville he applied at the Pension Office in the Bank of America in the City of New York for the payment of the pensions of William Kelly and for that pur- pose presented to the person acting as agent, the paper on which this is written in connection with the sheet now hereto attached headed "Application for a pension" and other papers. That the deponent on looking at the papers being the Pension could not be paid as the transfer had not been made. He then took this sheet, the part above and tore them apart, at the same time dis- ting deponent to send the parts above to Washington and the transfer would be made upon it - deponent brought them here to Keeneville, gave them to Mr John Brigham with the same directions he had received from the Pension agent and further this deponent saith not.
Thomas J. Harvey
Sworn before me Nov 3. 1835 before me
C. Stowe Supreme Court Commissioner of the County of Essex

It is a pleasure for me to send you the following extract from the list of books of October 1835 before mentioned. The list is as follows: — 1. The Life and Adventures of Robinson Crusoe, by Daniel Defoe. 2. The History of Tom Jones, a Foundling, by Henry Fielding. 3. The Vicar of Wakefield, by Oliver Goldsmith. 4. The History of David Copperfield, by Charles Dickens. 5. The History of Oliver Twist, by Charles Dickens. 6. The History of Nicholas Nickleby, by Charles Dickens. 7. The History of The Pickwick Papers, by Charles Dickens. 8. The History of The Posthumous Papers of the Pickwick Club, by Charles Dickens. 9. The History of The Life and Adventures of Roderick Random, by Oliver Goldsmith. 10. The History of The Life and Adventures of Sir Roger De Coverley, by Sir Richard Steele. 11. The History of The Life and Adventures of Tom Brown, by Thomas Hughes. 12. The History of The Life and Adventures of Tom Jones, by Henry Fielding. 13. The History of The Life and Adventures of Robinson Crusoe, by Daniel Defoe. 14. The History of The Life and Adventures of Oliver Twist, by Charles Dickens. 15. The History of The Life and Adventures of Nicholas Nickleby, by Charles Dickens. 16. The History of The Life and Adventures of The Pickwick Papers, by Charles Dickens. 17. The History of The Life and Adventures of The Posthumous Papers of the Pickwick Club, by Charles Dickens. 18. The History of The Life and Adventures of Roderick Random, by Oliver Goldsmith. 19. The History of The Life and Adventures of Sir Roger De Coverley, by Sir Richard Steele. 20. The History of The Life and Adventures of Tom Brown, by Thomas Hughes.

State of Vermont Franklin County ss. S. Albans. Sept. 6th. 1821. On this day before me the subscriber a Jus- tice of the peace for the the said County of Franklin Personally appeared William Kelly, whom his oath declared that he is the same person who formerly belonged to the company commanded by Capt. James Nasmith in the regiment commanded by Col. Michael Jackson in the Service of the United States, that his name was placed on the pension roll of the State of New York from whence he has lately removed, that he now resides in the State of Vermont where he intends to remain and wishes his pension to be there payable in future.
Sworn and subscribed to before me the day and year aforesaid.
William Kelly
Benjamin Swift Justice of the Peace
State of Vermont Franklin County ss. S. Franklin County Clerk's office September 6th. 1821. I, Horace James Clerk of the County Court in said County an Notary Public do hereby certify to all whom it may concern that Benjamin Swift Esq. of S. Albans is a Justice of the peace in said County duly qualified to act as such and that the foregoing certificate is signed by him in his own proper hand writing.
In Testimony whereof I have here- unto signed my name and affixed the public seal of my Office. Horace James

William Kelley
$58.35 A.M. 3
1505 Sept 1899
San Lake Boca Raton Fla Nov 10. 1890

At a court of common Pleas held at the court-house in the Village of Batavia, in and for the County of Genesee in the State of New York, on the sixteenth day of June, 1820, being a court of record in pursuance of the 4th. Article of the Constitution of the State of New York, which has unlimited jurisdiction, keeps records of its proceedings and has immemorially exercised the power of fine and imprisonment.
Present, the Hon. John C. Jones, John Wilson, Richard Smith, Richard Smith, and Walter Caudwell, Judges.
Genesee County, ss. on this sixteenth day of June 1820. Personally appeared in open Court (being a court of record) William Kelley a free single man, resident of the town of Darien, in said County, who being first duly sworn, according to law, with me, on his oath declared, that he is now in the Revolutionary War as follows. He was in the year 1777, in three years a Captain in the New York Continental Line, and received an honorable discharge in March 1780 at West Point. That his declaration was dated the twenty eighth day of May 1818, and that his certificate is Numbered 10, 119, and that he solemnly swears that he was a resident citizen of the United States, on the eighteenth day of March, in the year of our Lord one thousand eight hundred and eighteen, and that he has not since that time by gift sale or in any manner whatever disposed of any property or any part thereof with intent thereby to diminish it as to being myself within the provisions of an act of Congress, entitled "an act to provide certain persons engaged in the land and naval service of the United States, in the revolutionary war," passed on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not nor has any person in trust for me any property or

Securities, contracts, or debts due to me nor have to line income & this than what is contained in the schedule hereto annexed and by me subscribed."
Schedules
Real Estate I have none. I live with my son Denis Kelley who lives in the town of Parrie, and is in possession of fifty acres of land situated in said town on which there is seven or eight acres under improvement and on which there is now due to the Victoria Land Company three hundred and fifty two dollars, and on which there is a small frame house and house.
Personal property I have one small mare 10 or 12 years old 3 cows, 1 ox, 1 cow, 1 ox, 1 cow, 1 ox, 1 cow, 1 ox 3 pigs, 3 chickens, 3 ducks, 3 geese, 3 turkeys, 3 hogs. 3 wooden dishes, 3 wooden benches.
I have no debts due me
I am indebted to the following persons
  To Doct Looch of Parrie $15.00   " " " Nicholson of " 2.50   " " " William Stanner of " 2.00   " " " Nehemiah Knowles of Elgin 9.10   " " " John Kelly of Parrie 1.50   " " " William Rodgers " 1.31   " " " John Bradner of " 2.00   " " " John Willard of " 2.00   $35.11 
in the department, says that his morning expenses and business for himself and family, does not exceed twenty dollars in value that his occupation is a cooper and does not enjoy good health, half of the time not able to do any kind of work due to the infirmity now then that he has a wife named Lydia, aged fifty years whose health is very poor, has the dropsy

In the defendant, further says that his wearing apparel and bedding for himself and family, does not exceed twenty dollars in value that his occupation is a cooper and does not enjoy good health, part of the time not able to do any labour of earning for the inasmuch as he has a wife named Lydia who for years whose health is very poor, has the anguish time not able to do any kind of labour and further he has four children whom he has to support his Nephew aged 17 years James aged 12 years Hannah aged 10 years Ruth aged 4 years, which comprises his family his situation is particularly needy and stands in need of testimony
sworn and subscribed June 16 th 1820 in open court before me
signed Mr. J. Kelley Mark
S. Cummings Clerk of Gen. Com. Pleas

I, Simeon Cummings, Clerk of the Court of Common Pleas in and for the County of Genesee, do hereby certify, that the foregoing oath (or affirmation) and the Schedule thereto annexed, are truly copied from the record of the said Court; and I do further certify that it is the opinion of the said Court that the total amount in value of property exhibited in the aforesaid schedule is fifty eight Dollars & Seventy five Cents.
In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court on this 28 th day of September A.D. 1820. -
Simeon Cummings Clerk By R.B. Smead & Depy