Revolutionary War Pension and Bounty Land Warrant Application File S. 30,059, for William Rice, Massachusetts

SERVICE
NUMBER
Mass
Rice, William
S 30,059
CONTENTS

10.671.
Massachusetts
William Rice
He was in the State of Mass who was a Pirate in the company commanded by Captain Wilson of the reft-commanded by Col Keyes in the Mass time for 6 Mths.
Inscribed on the Roll of Mass at the rate of 20 Dollars ~ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of Ap l 1833 and sent to Mrs. Stebbins Brookfield Mass
Arrears to the 4th of Mar 1832 $40- Semi-ant. allowance ending 4 Sept. 10-
$50-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. McBlain Clerk Book 6, Vol. 2, Page 71.

7994
Payamin Rice
Private
6 Months
$20
Herman Stebbing Brookfield Maine

BRIEF in the case of of Worcester
William Rice in the State of Mass!
(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? Seventy two years  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.     enlisted In 1777 July to 1 Aug 1778. 6 As a Gen. Spencer, Col. Royes Capt. Miller, Mass. Militia  
 5. In what battles was he engaged? none cited  6. Where did he reside when he entered the service? Brookfield  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Benj. Jennings, former the Comp. service Thomas Henshaw also proves the same. A clergyman & Seniors Draper certify to traditional evidence.  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.
S. Kent Examining Clerk.

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this 14 day of August in the year of our Lord, eighteen hundred and thirty for the County of Worcester now sitting William Rice a resident of Brookfield in the County of Worcester and Commonwealth of Massachusetts, aged Seventy two 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
I was born at Brookfield in the County of Worcester, aforesaid on the 18th of Oct 1787 - and my birth was recorded on the records of the town of Brookfield - I was living in Brookfield in the County of Worcester of said town when I first went into the service, and have resided in said Brookfield all the time since the war, -
In 1777 the year that Burgoyne was taken I enlisted at Brookfield in July in the Massachusetts Militia to go to Rhode Island - for the term of six months - I marched through Worcester to Providence, I then went to Old Lyme New London, through Greenwich - here we guarded the shores of the sound a month, then went to Newtown, then up to Peapack and staid till my time was out - I was dismissed at Providence on the 1st of January 1778. -
General Spencer commanded the Expedition, Col. Reyer Regt Capt Wilson, Company, Subalterns John Cutler and Belknap Harrington and Jonas Nudd were sergeants, another by the name of Russ, I am not certain of the last.
Thomas Benshaw and Benjamin Jennings both of Brookfield aforesaid were soldiers in the same Company with me, and their depositions accompany this declaration.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid Before Nathan James Judge of Probate For the County of Worcester -

We Simson D. Stearns  and  Simson D. Stearns a Cluettman residing in Brookfield and Simson D. Stearns residing in Brookfield aforesaid hereby certify that we are well acquainted with William Rea who has subscribed and sworn to the above declaration, that we believe him to be Seventy two years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid. twenty eighth day of Aug. 1832 Before me Heman Stebbins J. P.
Micah Stone. Simson D. Stearns
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Simson D. Stearns who signed the preceding certificate, is a Cluettman  residing in said Brookfield and that Simson D. Stearns who has also signed the same is a resident in the town of Brookfield and are and is a credible persons and that their statement is entitled to credit, and that the said applicant could not procure in said Court, without too much expense and inconvenience to him, two respectable persons, residing in said Brookfield, one of whom should be a Cluettman, and that Heman Stebbins Esq. before whom the foregoing declaration was made and sworn to, is a Cluettman  residing in said Brookfield and is a person of good and lawful  credit and reputation to wit: William Rea
Nathaniel P. Pierce Judge of Probate for the County of Worcester
I Theophilus Wheeler , Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Rea for a pension.
That Simson D. Stearns before whom the foregoing Official act was made is a person of good and lawful credit and reputation to wit: William Rea IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of Office. this
of August in the year of our Lord eighteen hundred and thirty two.
Theophilus Wheeler Reg. of said Probate Court in the County of Worcester in Massachusetts.
11994
Wm. Rea's Appl.

30059 Rev INVALID.
File No. 30059
William Rice
Rev Rev Rev
Act: June 7 th 39 th
Index:—Vol. 2 , Page 341
[Arrangement of 1870.]

see letter 25 Sept 1831 to Pen 1831 & 4th letter
10.671 Massachusetts Benjamin Rice
of Worcester in the State of Mass who was a Pirate in the company commanded by Captain _____ of the Regt commanded by Col Keyes in the War time for 6 mos.
cancelled
Inscribed on the Roll of Pensions at the rate of 20 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of April 1833 and sent to Stebbins Brooks Jr.
Arrears to the 4th of March 1833 $10 — Semi-ant. allowance ending 4 per 10 —
$50 —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by 376 Sp Blair Clerk, Book 8. Vol. 2. Page 78.

Deposition - Wm. Rees -
Theo. Henshaw's deposition for Wm. Rees - 6 mos. term in Rhode Island - 1777 - July to Dec. inclusive -

Commonwealth of Massachusetts } Worcester County Aug 7 th 1832 }
I Benjamin Jennings of Brookfield in the County afterwards a Pensioner of the U.S. aged 80 years being duly sworn do testify and say, that I was a Soldier in the Revolutionary Army, Massachusetts Militia in the year 1777, in General Spencer's Expedition in Rhode Island, in Col. Davenport's Regt. and Capt Francis Wilson's Company - I served Six Months from July to December, inclusive, I was acquainted with William Rice of Brookfield, he was in the same com- pany with me, and served Six months - We were dis- missed at Providence Jan'y. 1 st 1778 - The Officers were. Col. Davenport - Lt. Col. Nade - Capt Francis Wilson, 1 st Lieut John Cutler - 2 d Lieut - Belknap - Ens. Norman Seiver - Adjutant Benjamin Fitch - Benjamin Jennings to the day and year first above written -
Worcester Aug. 7 1832 Personally appeared Benjamin Jen- nings and made oath to the truth of the above deposition His said Jennings is Blind, and his name above is written by me at his request before me Herman Stebbins Just Peace I hereby certify that Benjamin Jennings who has submitted the above affidavit is a person of truth Herman Stebbins

Commonwealth of Massachusetts County of Worcester Aug. 7 th 1832 } p.
That I Thomas Henshaw of Brookfield in the County of Worcester aforesaid aged 71 years being duly sworn do testify and say that in the year 1777, from July to December inclusive I was a Soldier in the Army of the Revolution, Massachusetts Militia and served six months in Rhode Island in Gen. Mower's private Expedition, in Col. Davenport's Keyser Regt. and Capt. Wilson's Company — William Rice of Brookfield aforesaid enlisted into the same Company and served the same term of six months with me. Thomas Henshaw Subscribed and sworn to the day and year first above written.
Worcester ss July 7 th 1832 Personally appeared Thomas Henshaw and made oath to the truth of the above deposition by him subscribed — before me Heman Stebbins Jus Pacis
I hereby certify that Thomas Henshaw who has submitted the above affidavit is a person of truth Heman Stebbins

Payments to be made at Boston Mass by the Pres d & B d Bank Agent for paying Pension- ers, in the Agency of Mass.
Cancelled
Recorded in the Pension Of- fice, in Book 2. Vol. 2 Page 71. by J H M c Blain Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Benjamin Rice of the State of Massachusetts who was a Pirate in the Army of the Revolution.
is entitled to receive Twenty ————— dollars and ————— cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th March, and 4th of September, in every year.
Given at the War Office of the United States, this eighteenth day of April one thousand eight hundred and thirty-three.
Lewis Cass
Secretary of War.
Examined and Countersigned. S
J. A. Edwards
Commissioner of Pensions.

Brookfield Mass. Sept. 19. 1832
Sir Mr. William Rice an applicant for a pension under the Act of Congress of June 7 th 1832, has intrusted his papers to me to forward to the War Office, herewith I enclose the same. — All communications for said Applicant please address to "Heman Stebbins Esq. Brookfield Mass"
With much respect
your Ob. Servt.
Heman Stebbins
Hon Lewis Cass Esq. Secretary of War

My dear Sir,
Washington D.C. Jan. 10, 1861
I have the honor to acknowledge the receipt of your letter of the 9th inst. and in reply to inform you that the same has been forwarded to the proper authorities for their consideration.
Hon. Lewis Cass Esq. Secretary of War Washington D.C.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Rice 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? no 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? yy XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yy 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? yy 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? yy Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? yy 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? yy XVI. ‡ Are the papers authenticated as the regulations direct? yy XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Answered 6.
 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.