Revolutionary War Pension and Bounty Land Warrant Application File S. 9064, for John Rice, North Carolina

SERVICE
NUMBER
M. C.
Price, John
S. 9064
Carded
CONTENTS

2452 North Carolina.
John Rice
of Gravelly - in the State of N. Carolina who was a Private in the Comp y commanded by Captain Gilliam of the Reg t commanded by Col. Moore in the N. Carolina line for 6 months from 1780
Inscribed on the Roll of N. Carolina at the rate of 20 - Dollars Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of Feb y 1831 and sent to Stephen K. Sneed, Oxford, N.C.
Arrears to 4th of Apr 1832 20 - Semi-annual allowance ending 4 Mar 33 10 -
30 -
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nathan Rice Clerk Book D Vol. 8 - Page 41 -

3337
John Rice
Granville Co
NC
from 1780. power 6 mts. $20.
IV.
Ent: _____
W. T. Lytle

BRIEF in the case of John Rice  of Granville Co in the State of NC  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 79  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 17 — 3 " priv.  Col. Wm. Gilliam - Col. Wm. Moore  Gen. Purdie  Col. Th. Ruff    3 "  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Granville NC  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Affidavit of Shadrach Owen, J. Callahan Wearns as to the first son of 3rd.  8. Are the papers defective as to form or authentication? and if so, in what respect? no 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

State of North Carolina } S County of Granville }
On this 9 th day of August A D 1832 personally ap- peared before the Justices of the Court of Pleas & Sessions Sitting for the County aforesaid, now sitting - in open Court, John Hise a resident of said County aged seventy nine years, who being first duly sworn ac- cording to law, doth on his oath make the fol- lowing declaration in order to obtain the benefit of the Act of Congress passed Jan'y 11 th 1832.
That he was born in the County of Westmoreland, State of Virginia on the 12 th day of August 1752, that he was brought by his Parents at an early age, to this State - that he has no record of his age, but has no doubt the for- going account of it is correct, - that at the commence- ment of the War of the Revolution & ever since he has lived in the Counties of Warren & Granville, but mostly in the latter County - that shortly after Gates' defeat he volunteered for a term of three months at a place then called Hussell's in the County of Granville in a Company of Militia commanded by Captain William Gilham - that he marched with his company to Hillsborough & there joined a regiment of which William Moore was the Colonel, & Elijah Moore the Maj r - the whole under the Command of Genl. Butler - that he was marched westwardly to Salisbury where Genl. Davidson took command, & continued the march to a place called the Six Mile Creek - that he con- tinued in the western part of this State until the expiration of his term of service when he & some others of his Com- pany were brought back to Granville by Captain Gilham, and discharged - but he rec d no discharge in writing. That some time afterwards he joined a company as a Volunteer under Captain Thomas Price, which was ordered to the Roanoke, & he continued to the best of his rec- ollection three months in that company, the greater part of the time engaged in supplying the army with provisions by fishing in the Roanoke - that being

the duty assigned to his company - He received his discharge from Captain Rice, but he does not recollect that it was in writing - That some time afterwards, he was mustered in a town of three months at Granville Court House, under One Capt. Babbett, as he thinks, tho' he has no distinct recollection of his name - and after continuing in the Company about a week, they were ordered by Colonel Williams to return to their respective homes subject to a future call - but no call for further service was ever made upon him.
This affiant states that the only persons who have rec- teal knowledge of his services and whose testimony can be procured are Shadrach Owen & William Weaver.
He hereby relinquishes any claim whatever to a pension or annuity, except the present, & declares that his name is not on the pension roll of the agency of any state.
Sworn to & subscribed the day & year aforesaid.
John Rice mark
We Willis Harris a clergyman residing in Granville and Leslie Gilliam residing in the same County hereby certify that we are well acquainted with John Rice who has subscribed & sworn to the above declaration: that we believe him to be of the age of seventy nine years; that he is respected & believed in the neighbourhood where he resides to have been a soldier of the Revolution, & that we concur in that opinion.
Sworn to & subscribed the day & year aforesaid.
Willis Harris G. Gilliam S.H.

State of North Carolina } Court of Pleas & Quarter Sessions County of Granville } August Term 1832.
At this term personally appeared in open Court before the Justices thereof, Shadrach Owen a resident of said County who being duly sworn according to oath as follows -
He has been acquainted with John Rice of the County of Granville for nearly sixty years. He served a term of duty of three months or he thinks with said Rice in the militia service about the time of Gates' defeat - & he knows that John Rice for whose benefit this deposition is taken is the very same person with whom he served as a fellow soldier. -
Shadrach Owen
Sworn to & subscribed before us in open Court the day & year above stated we certify that the deponent above named is entitled to credit
James Ayche clerk pro tem.
Richd. D. Sneed
Wm. H. Gurney
State of North Carolina } Court of Pleas & Quarter Sessions County of Granville } August Term 1832
At this term personally appeared in open Court before the Justices thereof William Weaver a resident of the County aforesaid, who being duly sworn according to law deposes & states as follows - That he has been acquainted with John Rice who made the foregoing declaration many years - that he served a term of three months with him in the same company under Capt. William Bellamy in the western part of this state, in the year of the Revolution. Sworn to & subscribed before us in open Court the day & year above stated, & we certify that the deponent above named is entitled to credit.
William X Weaver Mark
B. Bullock Clerk
Richd. D. Sneed
Wm. H. Gurney

The said Court do hereby declare their opinions after their investigation of the matter and after finding the interrogatories furnished 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 Willie Harris who has signed the preceding certificate is a clergyman Resident in this county and Lela Gellman who has also signed the same is a Resident in this county and is a credible person and that their statement is entitled to credit.
Bullard Chairman
Richd. Reed
W. H. Carmichael
And we further state that
Stephen H. Snell Clerk of the Court of Pleas and Quarter Sessions for the County of Guilford Guilford and State of North Carolina do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of application of John Rice for a pension.
In testimony whereof I have hereunto set my hand and seal of office at Office in Oxford this the 9 th day of August A.D. 1832.
Steph. H. Snell Clerk
No 3333

Rehrig
9064.
INVALID.
File No. 9064
John Rice Prv Rev. War
Act: June 7 th 1832
Index:—Vol. 1st , Page 216
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Rue 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? no 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? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? no witness as to the first term of 3 mo. service 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 Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡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.