Revolutionary War Pension and Bounty Land Warrant Application File S. 15619, for David Rice, Massachusetts

SERVICE
NUMBER
Mass.
Rice, David
S. 15619
CONTENTS
carded

6117 New Hampshire
Dana Rice
of Langan in the State of NH who was a private in the Company commanded by Captain Lord of the Regt commanded by Col Whitney in the Mass Militia for 6 mo. & 29 days from 1775
Inscribed on the Roll of New Hampshire at the rate of 23 Dollars 22 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 25 day of Feb 1833 and Ser No 110 Edwards
Arrears to 4th of Sept 1832 34.8. Semi-annual allowance ending 4 March 1833 11.61
$ 46.44
{ Revolutionary Claim, Act June 7, 1832.
Recorded by H. H. Cylas Clerk Book of Vol. 1 Page 181

David Price
1009891
Printed 6 Mo & 29 days
amt $2322
that not make his Declaration in the County in which the residence was assigned a room for rent Nov 16
Nov 6 1832
Hon: H Hubbard
HHR
J. H. Edwards
Stearns
N. H.

BRIEF in the case of David Rice of Concord in the State of New Hampshire (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 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.     In 1775 about 11 20 Private Gen. Capt. Mason   76 about 8 15 " Capt. Larrove Col. Whitney   77 about 8 15 " none stated  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? Spencer Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Laddison Examining Clerk.

Declaration of David Rice of Sangamon Illinois Co. - N.H.

Declaration,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
STATE OF NEW-HAMPSHIRE, COUNTY OF CHESHIRE.
On this sixteenth day of August 1832 personally appeared in open Court Before the Hon Aaron Motson Judge of Probate for said County of Cheshire
now sitting, Dawes Rice a resident of Langdon in the county of Sullivan and State of New Hampshire aged 80 years last June 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.
1 st In 1775 upon the alarm at Lexington volunteered and went to Cambridge the day after the Lexington fight staid at Roxbury until Col. Patterson took a Battalion and dismissed the Regiment hereafter does not recollect any officer except the Col.
2 nd In 1776 enlisted for nine months in Capt. Carrick Co Col. Whitney Lt Col. Jackson Regt went from Spencerville to Boston thence to Pownalboro by thence to Nantasket and remained there as a garrison until about May or June when Col. Saltonstall arrived there about June 1 st and Col. Saltonstall's Regt took his place as a substitute & he was discharged returned home then Col. Marshall Regt was stationed near by
3 rd In 1777 volunteered on a call for troops to go to Brimfield went as far as Williamstown and was there when the Regiment returned home - I had no record of my service - I was one 8 or 9 days had no rations furnished there was a dearth of provisions that winter - I was not able to furnish any evidence as to the fact and third proof - was born in Spencerville Mass - in 1752 - Has no record unless at Spencerville Mass of his age - went from said Spencerville into the town of Langdon Mass. into the last service - has lived in Langdon the last 15 years - was in Springfield Vt and in Langdon the last 15 years - was in the service - Recollects Col. Larned at Roxbury in 1775 - in his 70 th service thinks Col. Marshall's Regt was at Oxford - never rec d any written discharge - Rev. Jeremiah Wright and Mr. Luther Weston are alive and he ex pt will testify as to his veracity and their b g
He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of the Agency of any State.
Dawes Rice
Sworn to and subscribed the day and year aforesaid.
before me Aaron Motson Judge of Probate

State of New Hampshire, } Personally appeared before Cheshire County ss. } me Elijah Bingham, a Justice of the peace within and for said county, David Rice who being duly sworn, deposeth and saith, that he is the identical David Rice who has subscribed and sworn to the within declaration; that he did not make said declaration in the county where he resides for the following reasons: till within 3 or four years Langdon, where he lives, was always a part of the county of Cheshire where said declaration was made: he lives within one mile of the line of the county of Cheshire and of the town of Alton in the county of Cheshire, where he now deposes; and within 18 miles of Keene the shire town of Cheshire county: the witnesses who testified as to his, the said Rice's character, both lived in Alton aforesaid and were giving their attend- ance at the Court when and where said declaration was made: Jeremiah Hight one of said witnesses is the only clergyman in said Rice's neighborhood, and it was attended with much less expense to make said declar- ation at said Keene than at any other place: He further deposeth & 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 twenty one days, I served as a private in my first service. — For six months, I served as a private, in my second service. — For eight days I served as a private in my third service, making in the whole at least six months and twenty nine days, and for such service, I claim a pension. —
Sworn and subscribed this 7th day of December 1832. Before me Elijah Bingham Justice Peace
DAVID RICE
6 P.M. Jan 8. 1832
I Solina Hale clerk of the Superior Court in said county, certify that Elijah Bingham is a Justice of the Peace in and for said county, and I believe that the foregoing offi- cial signature is his. In testimony whereof I hereunto affix the Seal of said Superior Court of Judicature
S. Hale, clerk

We, Jeremiah Higbee and Luther Newton of Astoria county of Ohio hereinafter mentioned
hereby certify, that we are well acquainted with David Rice who has subscribed and sworn to the above declaration; that we believe him to be eighty 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. Jeremiah Higbee. Luther Newton
Sworn and subscribed the day and year aforesaid.
Aaron Watson Judge of Probate
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 Jeremiah Higbee who has signed the preceding certificate is a clergyman resident in the town of Astoria, and that Luther Newton who has also signed the same is a resident of said Astoria and is a credible person and that their statement is entitled to credit.
I, Asa Parker Register of the Court of Probate for said County of Ohio here do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of David Rice for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this sixteenth day of August A.D. 1832
Asa Parker { Register of said Court of Probate
Two feet having and Wrentham Mass - a volunteer in all service - enlisted but recruited with him out of his service.

15619 INVALID.
File No. 15619
David Price
Pri Rev War
Act: June 7" 32
Index:—Vol. 1 , Page 442
[Arrangement of 1870.]

David Price No 9891
J. M. Edwards Stone N.H.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Dan a Dico 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 ? No 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 ? No 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? Yes
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?
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?
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? 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.