Revolutionary War Pension and Bounty Land Warrant Application File S. 21585, Gideon Willcox, R.I.
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R.I.        Willcox, Gideon            S 21585
             Wilcox
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21.426
Rhode Island
Gideon Willcox of Providence in the State of R.I. who was a Private in the Company commanded by Captain Johnson of the Reg commanded by Col. [blank] in the R.I. line for 22 months

Inscribed on the Roll of R. Island at the rate of 73 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 20 day of Sept. 1833 and sent to Nathan Whiting East Greenwich R.I.

Arrears to the 4th of Sept 1833 $183.33
Semi-anl. Allowance ending 4 Mar 34 – 36.67
$220.00

{Revolutionary Claim, Act June 7, 1832.}
Recorded by D. D. Addison Clerk.
Book E Vol. 2 Page 135
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No. 25130
Gideon Willcox
Providence
Rhode Island

[illegible]  22 months

The claimant must
[illegible] the names of the 
Field officer under whom
he served
 7333
________
14666
   36.67
________
  18333

Nathan Whiting
East Green
wich

Rhode Island
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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 subjoined notes, you will readily perceive that objections exist, which must be removed,
before a pension can be allowed.  The notes and the regulations will show what is
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to the Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.                                    Rhode Island
A Statement, shewing the Services of Gideon Willcox Providence

Period when the    Duration of the           Rank of the        Name and rank of             Age at present                    Proof by which the
service was            claimant's service        claimant             the  Field officers              and place of abode             declaration is supported
rendered               Years  Months  Days                               under whom he served    when he entered service
________________________________________________________________________________________________________________________________________________
Septer 1776                          1                    Private              Capt. Johnson                   73 years                              2 Witnesses Certified as
     "                                       1                                             Capt. Pierce                       Kent Co.                              credible by the Judge
     "                                       1                                             Capt. Johnson                    R. Island                              S. Hatch for ears 1779 &
     "                                       1                                             Capt. Whitmarsh                                                           A. Fry for 1781one mo-
     "                                       2                                             No Field Offc                                                                 & traditional evidence cer-
     "                                       2                                             [illegible]  stated                                                            tified credible by the court
ditto      77                            1
                                              1
                                              1
ditto     78                             1
                                             3
ditto     79                             1
                                             1
                                             1
                                             1
ditto     81                            1                                                              I am, respectfully,
                                          __1____                                                                your obedient servant
                                            1.10                                                                             J.L. EDWARDS,
                                                                                                                                    Commissioner of Pensions.
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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, mucicians 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. [this section is hand bracketed on the right hand margin]
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of County of } ss.
On this day of personally appeared (a) before
A. B. a resident (b) of of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of 
Sworn to and subscribed the day and year aforesaid. A.B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of & c. 
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia. except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who was 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 days 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
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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 exexpected . 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? 
[bracket] 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 Office 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 traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. 
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. 
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. 
[c] The age of the claimant must invariably be mentioned. 
[d] The declarant must mention the period or periods of the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: 
“Personally appeared before me, the undersigned. A Justice of the Peace &c. A. B. who being duly sworn deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: - For – year –months, and ----- days, I served as a ___. For ___ months and ___days, I served as a __; and for such service I claim a pension.”
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with and 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 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 is note [j] applies to continental troops only. 
[k] This traditionary 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 
John N Ashton
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Gideon Willcox
25130
Nathan Whiting, agent
East Greenwich
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State of Rhode Island
County of Providence
On this Twenty third day of April AD 1833, Personally
appeared in open court before the Judge or Justice of 
the Municipal Court, exercising Probate Jurisdiction,
in the City and County and County of Providence, being a Court
of Record, Gideon Willcox resident in said city of 
Providence. aged Seventy three years, who, first
being duly sworn according to Law, doth on his oath
make the following Declaration, in order to obtain the 
benefit of the Act of Congress, passed June 7th, 1832-
That he entered the service of the United States, un-
der the  following named officers, and served as
herein stated. That he was born in Warwick in 
the County of Kent & State aforesaid in the Winter of
1759 or 60-but does not know the month or day of the 
month in which he was born, age not being re-
corded. That he removed with his father, while a boy
from said Warwick to East Greenwich in said Coun-
ty of Kent, where he resided when he entered into the ser-
vice, and where he continued to reside until the
years 1814, when he removed back to said Town
of Warwick and resided there ten years or until
the year 1`824 when he removed to Providence afore-
said where h has ever since resided. That in the 
year 1776, he was drafted in the Militia at [illegible] dif-
ferent times, and served a month each time. That her
served two Months under Capt. Allen Johnson and two Months under Capt. Job Pierce; we were stationed 
at East Greenwich and were employed the most of the
time in building Forts. That in the year 1777, he
was drafted four several times and served a month each time, a part of the time
under the said Allen Johnson and a part of the
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the time under said Job Pierce and were stationed at
East Greenwich and some of the time at Warwick
neck. That in the year 1778 he was drafted at four different
times and served one month of the time under the said Job 
Pierce at East Greenwich, and three Months under the said
Allen Johnson at East Greenwich and on Rhode Island.
That he was on Rhode Island in Sullivan's Expedition and was
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We Jonathan Horton, a Clergyman, residing in the City
of Providence and George B. Holmes, residing in the
same City, hereby certify, that we are well acquainted
with Gideon Willcox, who has subscribed and sworn to the foregoing Declaration, that we believe him to be Seventy
three years of age, that he is respect and believed, in the 
neighborhood where he resides, to have been a soldier
of the Revolution, and that we concur in that opinion.
Jonathan Horton
Geo. R. Holmes

Sworn and subscribed the day and
year aforesaid ~

And the said Court do hereby declare their opinion,
after the investigation of the matter, and after putting
the Interrogatories prescribed by the Wr Department.
that the before named applicant was a Revolutionary
Soldier, and served as he states. And the Court further
certifies, that it appears to them that Jonathan Horton
who has signed the preceding certificate, is a clergyman
resident in the City of Providence, and that George B.
Holmes, who also signed the same is a resident in the same City of Providence, and is a credible person, and that their statement is entitled to credit.

I Allen O. Peck Clerk of the Municipal Court 
of the City of Providence do hereby certify that the foregoing
contains the original proceedings of the  said Court in the matter ... 
that  application of Gideon Wilcox for a pension
In testimony whereof I have hereunto set my 
hand and affixed the Seal of said court this Twenty
third of April AD 1833
Allen O. Peck Clerk
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State of Rhode Island
County of Providence

On this Eighth day of August AD 1833 Personally appeared 
before Joseph Hodges. a Justice of the Peace in the City and
County of Providence, Gideon Willcox of said Providence, who first
being duly sworn according to law, doth on his oath, make
the following statement, in addition to his Declaration made
before the Municipal Court of the City & County of Prov
-idence, on the third day, of April AD 1833. and says 
in answer to the fifth Interrogatory prescribed by the 
War Department, the he recollects the Col. Richard
Fry, the Commander of the Kentish Guards, usually
had the command and superintendence of the Militia
while this applicant served at East Greenwich and 
North Kingston, he being the oldest Colonel at the time;
but Col. Thomas Gorton also commanded the Regiment a
part of this time, He recollects also that there were other
Officers, with whom he was not acquainted and whose
names he does not recollect. He remembers the names 
of Colonel Carson and thinks he commanded the
Regiment while he served on Rhode Island, but is
not certain. He remembers well that he saw Col.
Varnam and Major Flagg on Rhode Island in Gen.
Sullivan's Expedition, but they did not command the [illegible]
where this applicant was stationed.
To the Sixth Interrogatory, This Applicant says that
he never reviewed any written discharge, but
that he was always dismissed by parole when
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when his terms of service has expired.
Providence sc In the City of               his
Providence                         Gideon     X    Willcox
                                                          mark
Sworn and subscribed
the Eighth day of August
1833 Before me
Joseph Hodges, Jus Peace

State of Rhode Island & Providence Plantations
Providence sc.  I, Joseph Randall Clerk of the Court
of Common Pleas of the County of Providence in
said state do hereby certify that Joseph Hodges
before whom the witness' affidavit was sworn
was at the time and now is a Justice of the 
Peace for the City of Providence and duly
[illegible] by Law to administer oaths and 
take depositions and the signature to the 
aforegoing document purporting to he his is
in the proper hand writing of the said
Joseph Hodges
In [illegible] whereof I have 
unto set my hand  and affix
the seal of said court at
Providence this Eighth day
of August in the Year of
our LORD one thousand
eight hundred and thirty three
Dexter Randall Clk
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Saml. Hatch's Dep.
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I Samuel Hatch of East Greenwich in the County
of Kent and State of Rhode Island, aged Seventy three years, 
do hereby certify that I have , from my early youth,
been well acquainted with Gideon Willcox formerly
of said East Greenwich, but now of Providence in the County of Providence. I believe his
age to be about the same as mine, I was knowing to
his being a Soldier in the Militia at sundry times
in the Revolutionary War. He served on Rhode Island
in General Sullivan Expedition in the Militia I was
then an enlisted Soldier. In the month of May 
1779, he served in Capt Job Peirce's Company
at Quidnesett neck and I was there myself.
we took a Sloop of War from the enemy, And
I have always understood that he performed his
tours of duty in the militia at all times, when
drafted during the War.   Samuel Hatch

Kent sc At East Greenwich  April 13th 1833.

I certify that the said Samuel Hatch subcri-
bed and made solomn oath to the truth of the
above written affidavit before me - And I 
certify also that the Deponent is a credible
witness-    Nathan Whiting Just. Peace

Kent sc  State of Rhode Island & Providence Plantations
Clerks Office Supreme Judicial Court
I certify that Nathan Whiting is a Justice of the Peace
in and for said County of Kent duly commissioned and
sworn and that his name subscribed to the above
Certificate is his genuine Signature
Christopher Johnson Clerk
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Allen Fry's Dep.
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I Allen Fry of East Greenwich in the County of Kent
and State of Rhode Island, aged seventy three years, so 
hereby certify that I have been well acquainted with
Gideon Willcox, late of East Greenwich aforesaid
but now of Providence in the County of Providence
ever since we were boys, That in the month of
February or March of the year 1781, the said
Willcox served as a private soldier in a Company
commanded by Capt Micah Whitmarsh, at
said East Greenwich for the term of one month
and this Deponent served in the same Company
the same term of time. Richard Fry, the Com
-mander of the Kentish Guards was the Colonel.
Said Deponent further says that he has heard
that the said Willcox served on Rhode Island in 
Sullivan's Expedition, but that he did not
see him there.         Allen Fry

State of Rhode Island
Kent sc at East Greenwich April 12th 1833
Subscribed and sworn to the day and year
above written before one - And I certify
that the Deponent is a witness of unquestionable
credibility for truth.
                    Witness Nathan Whiting Just. Peace
Kent sc State of Rhode Island & Providence Plantations
Clerks office Supreme JUdicial Court
I certify that Nathan Whiting is a Justice of the 
Peace within and for the County of Kent duly Commi-
ssioned  and sworn and that his name 
subscribed to the above certificate is his 
genuine signature.
Christopher Johnson Clerk
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21585
Invalid.
Revolution