Revolutionary War Pension and Bounty Land Warrant Application File R. 8753, for Noah Rice, Massachusetts

SERVICE
NUMBER
Mass,
Rice, Noah
R 8753
CONTENTS

Application of Noah Rice for a pension -
1833 May 18. 1833
A. Nash agent

State of New-York } County of Saratoga } ss:
On this eleventh day of September 1832, in open court before the Court of Chambers now sitting at Saratoga Springs, personally appeared Cook Rice, a resident of the town of Northumberland in said County, aged seventy years who being duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the provision of the act made by the Act of Congress, passed June 7, 1832.
That he enlisted the service of the United States under the following named Officers & served as herein stated. He was born at the Town of Bangs in the County of Worcester & State of Massachusetts, on the fifth of March 1762. He has no record of his age. He enlisted at Hardwick the adjoining Town of Bangs, about the first of July 1777, under Samuel Dester who lived at Hardwick & who who was a Lieutenant in Captain Sewell's company. Capt. Sewell lived in Brookfield. Ensign's name was Doyt. The Company passed muster at Brookfield, & then marched from Brookfield to a place in Rhode-Island on the Sound called Payette-Newtown, & then joined the Regiment. There were two Regiments at that place, commanded by Gen. Spencer of Providence. He does not recollect the names of the Field Officers of the Regiment. There were two British regiments opposite the encampment lying in the Sound, all men . The Regiment was during

(2)
the summer marched round to Dartmouth, when the Militia were called in for the purpose of then attacking the British Garrison at New-Port. But The to Brigade under Spencer lay there about four weeks & then marched back to their quar- ters, where it remained till snow fell. Then they were marched up to Providence. On the first of January 1778  at Providence discharged by Regiment. He received no written Discharge. The next Spring he was He thinks in May. He was drafted with three other Militia men from Bang to guard the Prisoners of Burgoyne's Army, there at Rutland Massachusetts. The number of Prisoners said to be was about five thousand. & that of the guard about two- hundred. There were two Captains who were the highest Officers in command of the guard, their names he does not now recollect. The Pickets sur- rounding the ground of the Prisoners were made of poles about twelve feet high, sharpened at the top. He stayed six weeks on guard & then paid twelve dollars to one of his neighbors, Joseph Munnick of Bang to take his place as a substitute for the remainder of the term. He returned home at the request of his mother who was a widow & who had no other assistance to take care of & superintend harvesting. He never received any written Discharge. This was the last service he performed. He re- mained at home in Bang till a number of years after the war was closed. He then first removed to St. John's Vermont in Vermont

12 & reside there about a year & a half; from thence she removed to Easton Washington Co., in New York, thence to Saratoga County where she has remained ever since -
She lives in the Town of Northumberland in Saratoga County near Moran. The Rev. Mr. Clayton Huggeman of Moran is the most Elagymen she is acquainted with, Nicholas M. Angell Past Master of Moran is acquainted with her, she applicant can testify to his character for veracity, & his reputation as a Revolutionary Soldier. He hereby relinquishes all claims to any pension or annuity except the present. & declares that his name is not on the Pension Role of any agency of any State
He is knows no person whom testimony can procured to his service in the State of New York. About two years ago he heard from Barry and three several persons who living who could testify to his service viz: Stephen Johnson Nathaniel Barry & Freeman Perry they were along with the applicants at Rhode Island
Sworn the 11 th September
Noah Rice
1832, before me in open Court, C. Coven,

State of New York } County of Saratoga } ss.
On the eleventh day of September 1832, in open court, before the court of Chancery, now sitting at Saratoga Springs, personally appeared Joshua A. Blayton, a resident of the town of Moreau, Clergyman, who being duly sworn according to law, doth depose & say, that he lives about three miles from the residence of Isaac Rice an applicant for a pension, & has lived there about two years. The deponent verily believes the applicant is of the age he represents himself to be. The applicant is reputed & believed in the neighborhood, to have been a Revolutionary soldier, & the deponent concurs in that opinion - This deponent never heard any doubt expressed on that subject.
Subscribed & sworn in open Court the 11 th day of September 1832
J. A. Blayton
E. Cowen.

State of New York } County of Saratoga } B:
On the eleventh day of September 1832, in open Court before the Court of Chancery now sitting at Saratoga Springs, personally appeared Nicholas M c Hugh a resident of the Town of Moreau in said County, Post-Master, who being duly sworn according to Law, doth depose & say, That he has known the applicant (to wit) Rice a resident of the Town of Northumberland for about twelve or fifteen years, and the Deponent verily believes the said applicant is of the age he represents himself. The applicant, according to the belief & information of this of this Deponent has always been reputed & believed in his neighborhood, to have been a Revolutionary Soldier, and this Deponent concurs in that opinion. He has never heard any doubt expressed on that subject.
Sworn the day & year above written, in open Court, before me,
M c Hugh
E. Pown

State of New York County of Saratoga
On this 4 th day of May 1833, in open Court before the court of Chancery now sitting at Saratoga Springs, personally appeared Noah Rice who being duly sworn according to Law, doth on her oaths make the following affidavit supplementary and amendatory to her original declaration. To the questions directed to be propounded he distinctly answers. 1 st that he was born in the town of Barry in the County of Norfolk in the State of Massachusetts, in the year 1762. — 2 d that he has no record of his age — 3 rd that he resided in Barry when he was called into the service, and he removed from that place to the town of Somerset in Vermont after the war, thence to Easton in the County of Washington in this state — and thence to the County of Saratoga where he has lived ever since — 4 th That he entered the service as a volunteer — 5 th That he knew Samuel Foster a Lieutenant in Captain Knapp's Company, he also knew Captain Knapp and his Ensign Hoyt, and General Spence who commanded the Regiment; that the Regiment in which he served and an other command to which he was attached, were Militia Regiments of Massachusetts And that for the general circumstances of his service he would refer to his declaration where they are fully stated and set forth —
6 th That he never received any written discharge 7 th That he is known to the Rev d Mr Clayton and Nicholas McIntosh Post Master both of Moreau who have already testified to his character for veracity, and to their belief in his service as a soldier in the Army — Amendatory to his declaration he further deposeth and saith, that he served not

less than the periods mentioned below, and in the following grades. For six months I served as a fifer - For six weeks I served as a soldier - Private, in a draft for three months, hiring a substitute for the remaining six weeks. And for such service I claimed a pension -
Sworn the day and year above written in open court. Before me.
Noah Rice
E. Lowen
Vice Ch: 4th. Cir. N.Y.
Noah Rice

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 J. A. Clayton who has signed the preceding Certificate, is a Clergyman resident in the Town of Moreau, in the County of Saratoga; and that Nicolas M. Angle who has also signed the same is a resident of the same place, and is a credible person - and that their statement is entitled to credit -
I Gideon H. Davis E. Davis Clerk of the Court of Chancery of the 4 th Circuit of the State of New-York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Noah Rice for a pension - In testimony whereof I have hereunto set my hand and seal of Office this twenty fifth day of May, 1833 -
G. H. Davis, Clerk

Noah Rice Saratoga County New York
Rejected
8753
Judiah Ellsworth Saratoga Springs New York

WAR DEPARTMENT,
Pension Office,
Aug. 10 1833
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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 this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Noah Rice Saratoga County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted July 1777 - 6 - private Genl Spencer Col Dexter, Col Newell 70 years Worcester County Massachusetts Traditionary & oral testimony papers properly attached   Drafted May 1778 - 1 12 " Officers not recollected  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, musicians 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.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) 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 has 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

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 expected. 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?  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 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 traditional 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 an 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 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.
[k] 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 in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Acts of July 14, 1862, and March 3, 1873.
8700
P. O. _____
Noah Rice
Service: _____
Enlisted: _____, 18 .
Discharged: REJECTED _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

State of New York
County of Saratoga ss. Noah Rice of the Town of Northumberland in said County, who being duly sworn according to law doth depose and say, as explanatory to his Original declaration made in order to obtain a Pension under the Act of Congress of June 7 1832, that he this deponent served from July 16 th 1777 until January 11 th 1778
For Five months and twenty five days and Served 5 th 25 th days as a Fifer under Captain Ebenezer Newell & served in manner stated in his declaration and that has (since the return of his papers if on amendment) sent his Son Noah Rice Junr to Wilmington in Vermont to procure the testimony of Thomas Haskell who had moved there from Brattleboro since the Revolutionary War & who had served with this deponent in Capt. Newell's Company in 1777 But he was dead & had been for about 100 years & further he is informed by old People from Brattleboro that all those who served with him or were knowing to his services are dead or moved away from there, which he verifieth to be true & from his indigent circumstance he is unable to go go to Brattleboro & his low State of Health forbids any hope of ever being able to go there if he had the means & that he knows of no person or persons now living by whom he can prove the same nor has he any documentary evidence of the same except the Certificate of the Secretary of State of Massachusetts, which is

is herewith Enclosed,
he further States under Oath as aforesaid that In May 1778 he was Drafted at the Town of Barry aforesaid for three months & served under Capt. Allen who commanded the Artillery company company to which this deponent belonged & in which he served for One month & twelve days in manner stated in his declaration & that he does not recollect the names of any other officers under whom he served for Holden was lieutenant in said company but not serve on the lower in in which this deponent served as aforesaid & that he this deponent does not recollect the name or names of of any other Officers who served where he served during the aforesaid period
Subscribed & Sworn
this 31 st day of January 1834
before me A Goodrich Justice.
Josh Rice
State of New York Saratoga County ss - I, Alpheus Goodrich Clerk of the County of Saratoga do certify that Alpheus Goodrich be- fore whom the foregoing affidavit purports to have been sworn, was at the date of the same, one of the Justices of the peace in and for the said County; and that I am acquainted with his hand writing, and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature -
Witness my hand and Seal of Office the 31 st day of January 1834
A Goodrich Clerk.

For the Pension Office.
To the Honble
Louis Caps
Secretary of War Washington City D. C.

Ballston Spa Feby 1834
Sir
Enclosed herewith, you'll receive the return papers in the matter of Noah Rice for a Pension. It is hoped that the amendments will prove satisfactory. Please transmit the certificate to me at this P. O. and as early as con- -venient
Very Respectfully Your Ob t Serv t Aaron Nash

Commonwealth of Massachusetts.
Secretary's Office, October 21 st 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Noah Rice is found on a "Pay Abstract of Capt. Eben d Newell's Company, in Col. Keyes' Regt. for this State Bounty, from and after three months from the time of their enlistment to the 3 rd and 4 th of January, 1778." where he is allowed from July 10 th 1777, two months m. d 2-25 82. M. and twenty-five days.
Noah Rice claims for further service under Capt. Newell, in 1777, the Rolls of Capt. Eben d Newell's Company, in Col. Keyes' Regt. are not found in this Office except the one above stated.
Edward D. Bangs. Secy

Act of June 7 th 1832
Noah Rice N.Y. City
Rejected
Letter to Aaron Nash
Boston Apr
N.H.
May 18 th 1834

Rich Rice New York Ret. Rec. Feb. 8 th 1884
the Hornack
For the President's Office
Louis Gap
Secretary of War
Washington D.C.
D.C.
FREE