Revolutionary War Pension and Bounty Land Warrant Application File S. 21,328, for David Kelly, Rhode Island

SERVICE
NUMBER
R. 2
Kelly, David
S. 21,328
Carded.
CONTENTS

2247 Rhode Island
David Kelly of Wester in the State of R.I. who was a Private in the company commanded by Captain  of the  commanded by Col.  in the R.I. line for  May.
Inscribed on the Roll of  at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22 nd day of  1832 and  Atwell 
Arrears to the 4th of  1832 $69.99 Semi-ann. allowance ending  23.33
$93.32
{ Revolutionary Claim, } { Aged June 7, 1832. }
Recorded by  Clerk, Book  Vol. 3 rd Page 119.

No 8174
David Kelly of Gloucester R.I.
11 M o & 20 Days
papers not properly authenticated
Nov 6 1832
admitted
$38.88
S. G. Atwell Esq. Gloucester R.I.

BRIEF in the case of David Kelly of the County of Providence in the State of R. Island (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 80.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     In 1775 — 6 8 Private Col. Hitchcock, Capt. Blackman   " 76 Dec r — ✓ 1 — Volunt r . Capt. Wilson   " 77 Apr l — ✓ 1 — drafted Same Company   " " Oct r — ✓ 1 — ditto Same   " 78 June — ✓ 1 — ditto Capt. Wade   " " Aug t — ✓ 1 — ditto Capt. Winsor   " 79 Aug t — — ✓ 20 ditto Same   1780 — — 20  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Gloucester  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Levin Belt Examining Clerk.

Application for A David Kelly { pension
8174.

Seal of the court Wm Watson Clerk
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
COUNTY OF PROVIDENCE Ss.
On this Seventh day of August A. D. 1832 — personally appeared in Open Court, being a special Court of Common Pleas within and for said County, now in session — David Kelley , a resident of Gloucester in the County of Providence and State of Rhode Island, aged 80 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 Act of Congress, passed June 7, 1832, viz. I was born in said Gloucester on the 3 rd of January 1752. I was in service of my age in the town service of the town of Gloucester — Refused in hittingly in every thing I enlisted in a volunteer company of Artillery, Col. William Col. Wm. Hitchcock's regiment of troops for eight months — We marched to Jamaica Plain near Boston & was stationed there, at Roxbury & at Prospect Hill near Cambridge Mass. until the 1 st of January 1776 when my time being out I was discharged. While we were at Jamaica Plain the battle of Bunker Hill was fought on the 17 th of June 1775. Two days after, we went to Prospect Hill, & Gen. Washington arrived at Cambridge in July. In October while I was on duty at the Hospital D r . Church turned traitor, it was said he poisoned the men. Colonel Connell was our Lieut. Col. & Israel  Angell our Major. Gen. Washington , Gen. Lee , Gen. Sullivan , Gen. Greene , Col. Putnam Col. Church , Col. Barnum were officers with the troops at this time. After my return in December 1776 I volunteered in Capt. Timothy Wilmans's independent chartered Company of light infantry & was stationed at Bristol R.I. one month . In April 1777 I was drafted in same Comp y & was stationed at Bristol R.I. one month . In October 1777 I was drafted in same Company & joined the troops under Gen. Spencer . I was stationed at Tiverton & Little Compton one month . While there we were ordered out in the night to prepare for a landing on Rhode Island, but finding the British prepared we did not go. In June 1778 I was drafted in Capt. Nath l Weeks Comp y Col. Chas. Brown's Regim t . R.I. militia & was stationed at Bristol R.I. one month . Abraham  Alcock was Lieut. & John  Gray Ensign. In August 1778 I was drafted in Capt. Abraham  Winsor Comp y same regiment & joined the army under Gen. Sullivan at Tiverton R.I. We then crossed Narragansett Bay to Rhode Island & encamped at Burtt's hill & while there we had a very severe storm which lasted 3 days. After the storm we marched down to the lower lines at Whittet's Plain & remained there until

We were dismissed. I served in this town a little short of one month. Gen d Sullivan, Gen d Larned, Gen d Greene, Col l Jackson, Col l Livingston Col l Christopher Green were officers with the troops at this time. In August 1779 I was drafted in the same Comp y & was stationed at Bristol R.I. 20 days - In December 1780 I was drafted in Capt Stephen Warren's Comp y - Same Regiment & was stationed at Providence 20 days - I received a written discharge from Witchcraft's Regiment & I have lost it. I do not remember who signed it. There were 3 regiments of R.I. troops at Jamaica Plains Commanded by Col s Church, Varnum & Witchcraft - The testimony of such surviving witnesses as I know of is hereto annexed. Amasa Eddy Esq r Judge Isaac Evans Esq r Esq r Cooke & Lawton Drown Esq r are persons who resided in my vicinity & who can testify as to my character for veracity & their belief of my services as a soldier of the Revolution

I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the Pension Roll of the Agency of any State.
Witness to mark of David Kelly - W. R. Watson
his David Kelly mark
Sworn to and subscribed, the day and year aforesaid. in open court
Attest. W. R. Watson Clerk
We, Olney Brown & Erik Brown Jr.
residing in said Gloucester hereby certify, that we are well acquainted with (David Kelly) 80 who has subscribed and sworn to the above declaration; that we believe him to be 80 years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.
Erik Brown Jr. Olney Brown
Sworn to and subscribed, the day and year aforesaid. in open court
Attest. W. R. Watson Clerk
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 Olney Brown & Erik Brown (who have signed the preceding certificate, residents in
said Gloucester are credible persons and that their statement is entitled to credit. That no clergyman resides in the vicinity of said applicant
I, WILLIAM R. WATSON, Clerk of said Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Kelly for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this Seventh day of August in
the year 1882 -
W. R. Watson

I Joseph Richardson of Thompson in the State of Connecticut of lawful age and engaged according to law do testify and say that I was brought up within one Mile of David Kelley of Gloucester Rhode Island & have always known him. & that he has applied for a pension under the act of Congress passed June 7 th 1832. and that G. Kelley was a soldier one month with me in 1777. in October. in what was called Spencer's Expedition in Capt. Wilmarth's Company. to Riverton R Island.
I remember of his enlisting for 8 months. in May 1775. in the Troops raised to go to Boston. and of his being absent. that time as a soldier, but I was not there, but have not the least doubt of his serving as he has stated.
I also saw him as a soldier for one month. in 1778. in Spencer's Sullivan's expedition on Rhode Island, but was not in the same Company with him. I well remember he was there with the defunct author.
Joseph Richardson

State of Connecticut
Windham County J. Thompson August 10 1832
Then personally appeared Joseph Richardson signer of the foregoing deposition & made solemn oath to the truth of the same before me
J. Thompson

I Simson Pae of Gloucester in the County of Providence State of Rhode Island. on oath do testify & say that I was an enlisted Soldier in Capt. Wash. Blackman Comp. Col. Bitchworth regiment R.I. troops from 1 st May 1775 to 31 st of December 1775. The particulars of which herein will appear by reference to my application for a pension under the act of June 7 th 1832 - We were stationed near Boston Mass. I further say that I well know Daniel Willey of said Gloucester - He was a Soldier with me in said company during the aforesaid period of 8 months.
December 30 th 1832
Simson Pae Mark
State of Rhode Island
Providence
In Gloucester this 31 st day of July 1832 personally appeared before me, Simson Pae who being first duly sworn on oath says that the above deposition by him signed is just & true in all its parts & I further certify that the said Simson Pae is known to me, that he is a credible person & that his statement is entitled to credit.
Rev P. Bacon Justice C.C. Peace

State of Rhode-Island and Providence Plantations.
PROVIDENCE, SC.
I WILLIAM R. WATSON, Clerk of the Court of Common Pleas, within and for the county of Providence in the State of Rhode-Island, do hereby certify, that Lea  P. Evans — is a Judge of the court of Common Pleas aforesaid, which court is a Court of Record; that the signature to the annexed document purporting to be his, is in the proper hand writing of the said Evans — ; and that full faith and credit are due to the official attestations of the said Evans —
In witness whereof I hereunto set my hand and affix the seal of said Court, at Providence this seventh day of August — in the year of our Lord 1832 —
W. R. Watson

I John Cowen formerly of Gloucester in the County of Providence State of Rhode Island & now residing in Country State of Connecticut being duly sworn on oath as testimony I say that I was a soldier in the revolutionary war & am now a pensioner of the United States under the act of March 1818. I was in the naval service also on board the ship Boston for which I draw my pension. I further say that in May 1775 I enlisted in Capt Blackman's Company Col. Hatchcock's regiment R.I. troops for eight months. The regiment was first stationed at Jamaica Plains in Roxbury Mass, afterwards at Prospect Hill near Boston Mass. The British had possession of Boston. Gen l Washington commanded the army. I further say that I well knew David Wiley of Gloucester in the County of Providence State of Rhode Island. He was a soldier with me in said Company & regiment from May as aforesaid to the 1 st of January 1776 when we were both discharged our times being out. left John Cowen
State of Rhode Island &
Providence ss
In Gloucester this 10th day of September 1832 before me personally appeared John Cowen who is known to me to be the person described in

part says that the foregoing deposition by him signed is just & true in all its parts - I further Certify that the said Cowen is a credible person & that his statement is entitled to Credit
Attest
Ira P. Beman Justice C.C. Pleas [Signature]

I Stephen Colwell of Gloucester in the County of Providence State of Rhode Island do hereby certify sworn on oath do testify & say that I was a Soldier in the revolutionary war I am now an applicant for a pension under the act of June 1832. I further say that I well know David Nelly of said Gloucester He was a Soldier with me in Capt Timothy Wetmores Company of light infantry R.I. militia in December 1776. He was stationed at Bristol R.I. one month. I also knew him as a Soldier in said Company in October 1777 in Genl. Sullivan's expedition. He was stationed at Kingston R.I. I also knew him as a Soldier in said Company Genl. Sullivan's expedition to Rhode Island in August 1778. He was in Capt. Union Company I think.
Stephen Colwell
State of Rhode Island & Providence
In Gloucester this 29 th day of August 1832 before me personally appeared Stephen Colwell who is known to me to be duly sworn on oath says that the above deposition

by him signed in just & true in all its parts - I further testify that the said Solon is a credible person & that his statement is entitled to credit
Attest
J. P. Sedgwick Justice C. C. Pleas

State of Rhode-Island and Providence Plantations.
PROVIDENCE, SC.
I WILLIAM R. WATSON, Clerk of the Court of Common Pleas, within and for the county of Providence in the State of Rhode-Island, do hereby certify, that Lea P Evans _____ is a Judge of the court of Common Pleas aforesaid, which court is a Court of Record; that the signature to the annexed documents purporting to be his, is in the proper hand writing of the said Evans _____ ; and that full faith and credit are due to the official attestations of the said Evans _____
In witness whereof I hereunto set my hand and affix the seal of said Court, at Providence this fourth _____ day of September _____ in the year of our Lord 1832
Wm R Watson

2247. Rhode Island
David Kelly
of Providence in the State of R.I. who was a Private in the Company commanded by Captain   of the Regt commanded by Col. Hitehcock in the R.I. line for 11 May 20 Days
14 Months
Inscribed on the Roll of R.I. at the rate of 38 Dollars 88 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 22 nd day of March 1832 and put $14 Atwell  Providence  R.I.
Arrears to 14th of Sept 1832 $58.32 Semi-ann. allowance ending 2 Mar 33  19.46 $77.78
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. B. Blair Clerk Book D - Vol. 3 rd Page 119

Reverted 21328 INVALID.
File No. 21,328
David Kelly
Pris Rev War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 217
[Arrangement of 1870.]

David Kelly
5.23.88.
Payments to be made at Providence, R.I. by The Peoples Bank Agent for paying Pension- ers, in the Agency of R.I.
Cancelled
Recorded by J. H. S. Blair Clerk, in Book D - Vol. 3 rd page 119.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the Law of the United States of the 7th June, 1832, David Kelly of the State of Rhode Island who was a Private in the Army of the Revolution
is entitled to receive Thirty Eight dollars and Eighty Eight 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 Twenty Second day of November one thousand eight hundred and thirty-two.
Lee Secretary of War.
Examined and Countersigned. }
J. L. Edwards

N o 8174 David Kelly
S. N. Atwell Esq. Gloucester R.I.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of David Kelly which require further proof or explanation.
I. Does the declaration show where the applicant resides ? yes II. Did the declarant make the declaration in the county where he resides ? yes. III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so ? IV. Has the declarant mentioned the period or periods of the war when he served ? yes V. *Has he mentioned 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 ? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations ? yes. VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832 ? yes VIII. Has the Court given their opinion ? yes IX. Has the Clerk given his certificate ? yes X. Is the Clerk's seal affixed ? And if so, has it a device or inscription by which it can be distinguished from any other seal ? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no. XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes. XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes. XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes. XVI. ‡ Are the papers authenticated as the regulations direct? no. XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes.
 EXPLANATORY NOTES.
QUERE V. 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 the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
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 claimants 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 affidavits must be properly authenticated, as above directed.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

To THE HON. LEWIS CASS
SECRETARY OF WAR OF THE UNITED STATES OF AMERICA.
HUMBLY REPRESENTS
David Kelly
of Gloster in the County of PROVIDENCE, State of RHODE ISLAND; that he was a Soldier in the Revolutionary War as will appear by the annexed doc- uments. He therefore requests that a pension may be granted to him in conformity with the provi- sions of an Act of Congress passed June 7. 1832, entitled "an Act supplementary to the "Act for the relief of certain Officers and Soldiers of the Revolution"
and in duty bound will ever pray.
David Kelly by his Atty Sam l G. Stuart
Please send def. m r at Gloster R.I. S l G. Stuart

Affidavit of Application Davis Kelly, Foreman of Prison

+ To the Hon. Lewis Cass, Secretary of War. U.S.A.
Humbly represents
David Kelley of Providence in the County of Providence State of Rhode Island, that he was a Colonel of the Revolution as will appear by his application for a pension under the act of August 4 th 1832. He would further represent that he served as a private at different times during the war a period in the whole not less than 14 months, as will also appear by his said application & the annexed affidavit. He would also represent that his pay while in said service was after the rate of $6.66 2 / 3 per month & that the pension granted him is $38.88 per annum which last mentioned sum he humbly thinks is not sufficient in conformity with the provisions of said act by the sum of $7.78 per annum. He therefore prays that his aforesaid pension may be increased by the yearly addition of the last mentioned sum & a new certificate granted him accordingly & as in duty bound.
David Kelley
by his S t
Sam l J. Steele
P.S. Please acknowledge at Providence R.I.
S. J. Steele

State of Rhode Island & Providence Plantations County of Providence ss
Personally appeared before me Jesse P. Ballou a Justice of the Peace in & for said County. David Kelley who being first sworn according to law on oath testifies & says that he served a private soldier in the Revolutionary War at least fourteen months, the last ten of which served with Appleton in his application for a pension under the act of June 7 th 1832 & for such service he claims a pension
David mark
Sworn to & subscribed this eighth day of December 1832
(Attest) Jesse P. Ballou Justice Peace

State of Rhode Island and Providence Plantations
Providence ss. I William R Watson, Clerk of the court of Common Pleas within & for the county of Providence in said State, hereby certify that Jesse P Ballou is a Justice of the Peace for the Town of Gloucester in said county & State - that the signature within, purporting to be his, is in the proper hand writing of said Ballou - that the said Ballou is duly authorized to administer oaths and take depositions, and that full faith is credit are due to the official attestations of said Ballou.
In Witness whereof, I hereunto set my hand and affix the seal of said court at Providence this 11 th day of December 1832. Wm R Watson