Revolutionary War Pension and Bounty Land Warrant Application File S. 40332, for James Rice, Virginia

SERVICE
Rice, James
NUMBER
S. 40332
CONTENTS

To the Honorable the Secretary of War of the United States.
On oath administered to him according to law, before the Honorable the Circuit court of Bracken state of Kentucky on this 7 th day of July 1818, the petition of James Rice a citizen of said county and state aged 63 years, most respectfully represents that being desirous of serving his country in her struggles for independence all that lay in his power, he joined the Army of the United States by voluntary enlistment in July 1775: for two years at King William Court House under Captain Holt Richardson of Colonel Spotswood's being the 7 th Virginia Regiment of continental establishment Regiment Lt Woodford's Brigade, from the Rendezvous was ordered with said Richardsons company to Williamsburg 1 st then commanded by Colonel Spotswood the first action engaged in, was in the driving of Summerville from Guineas Island, after this encamped at Point of Ship on the Rappahannock River until Oct. following, thence ordered with the whole of the command to York Town Virginia where he performed garrison duty a few weeks only, when he was remanded to Williamsburg, where he with the rest of the troops stored his arms, ammunition &c in the United States Arsenal of that place, thence ordered direct under Colonel Glanahan to take up winter quarters in Philadelphia, during which winter '76-77 was in several skirmishes, and was in the battles of Brandy wine and Germantown, and served to the end of his enlistment

enlistment being two years when he was Honorably discharged at the encampment of the 21 mile Stone above Philad a by General Stephenson, just before said Stephenson was cashiered for cowardice shown by him at the battle of Germantown — Urged by the most extreme necessity being in indigent, and indeed even distressed circumstances — unable to work, and no person to work for him, with a wife and five female children & three small boys incumbent on him, therefore he particularly stands in need of assistance from his Government for support.
Your petitioner most respectfully begs that his name may be inscribed on the Invalid pension list roll of the United States authorized by a recent act of Congress, passed for the benefit of the Officers, Soldiers &c. of the revolutionary army — and further your petitioner declares on oath as aforesaid that he knows no person in the western country except his brother Philip Rice whom he could bring before these presents acquainted with his revolutionary services — and that he your petitioner is not in the habit of receiving, nor ever has received any pension from the United States.
All of which is respectfully submitted
attat.
John Payne
James Rice

Schouler.
1 st Judicial District of Kentucky Practicing Attorney General 3 d Dist.
On this 20 th day of July 1870 personally appeared in open court (being a court of record for the bounty aforesaid expressly made so by the laws of the state which created it and having the power of fine and imprisonment) James Rice aged about sixty eight years a resident of said county and circuit who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provisions made by the acts of Congress of the 18 th March 1818. and the 1 st of May 1820. That he the said James Rice enlisted for the term of two years in the month of October in the year of our Lord 1775 in the County of King William and at King William Courthouse State of Virginia in the Company commanded by Capt. Holt Richardson of the Regiment commanded by Col. Spotts Wood, being as he thinks the 7 th Virginia Regiment on the continental establishment that he continued to serve in said corps in the service of the United States for the said two years of enlistment when in the month of October in the year of 1777 he was discharged from the said service at the twenty five mile stone on the Philadelphia road in the State of Pennsylvania by Col. McEbanahan then Com.

manding the Regiment, he said Rice then belonging to Capt. Reuben Lippincott's company, that he was in the battles of Brandywine and Germantown and in several skirmishes, and that he has no other evidence of his said services except the testimony of Philip R. Rice and Joseph Franklin who have both sworn to his said James Rice aforesaid services, and their oaths are attached to his original declaration, - and in pursuance of the act of the 1 st of May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift, sale or in any manner disposed of my property or any part thereof with intent thereby to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval services of the United States in the Revolutionary war "passed on the 18 th day of March 1818. and that I have not, nor has any person for me in trust any property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed vs .
Land I have none I have one horse worth $20.00 one cow some yearling both together worth 14.50 two grown hogs worth $4.50. & 15 small shoats each 12.93 3/4 56 3/4 cwt - 367.43 3/4 

  Aunt brought over  $ 47. 63 3 / 4    4 head of sheep at $1.12 1 / 2 each  4. 50    1 plough worth $1.37 1 / 2 10 lb mattocks @ $1.-  2. 37 1 / 2    10 lb are worth 62 1 / 2 5 old chains @ 25. $1.25-  1. 87 1 / 2    1 sm all old - gu are table @ $1.50 -  1. 50    2 old pewter dishes worth -  1. 00    7 pewter plates worth $1.75 5 knives & 5 forks  2. 50    1 sm all pot 62 1 / 2 5 earthen plates 62 1 / 2 -  1. 25    1 set of tea cups & saucers -  87 1 / 2    1 grist stone -  1. 50    10 lb grist -  4. 00     $68.81 1 / 4  
This is all. I owe about $2.33. has about $1.05 due me leaves $1.28 in debt.
And be it further understood that the said James Rice swears in open court as afore- said that he has no trade, that he has living with him a wife aged between forty five and forty six a very weakly woman and short sighted and much afflicted with a violent cough and a son named Michael about twelve years old in good health at present, a daughter named Anetta about 9 years old a good deal troubled with the Rheumatism, Betty about seven or eight years old, Cornelius between five & six years old, Partum about three years old. These children collectively are more an encumbrance than otherwise as before stated I am myself about sixty eight years of age diseased with a settled pain in my right side, and a nervous

a palsy occasionally of my whole body, I have not read that I am capable of follow- ing laboring altogether under a diseased body.
James Rice
I Ad am Beatty sole Judge of the Franklin Circuit Court certify that the foregoing schedule and declaration were sworn to by James Rice in open court, the same being a court of record expressly so constituted by law & that satisfactory proof by a disinterested witness was also produced, as to the correctness of the schedule and that the same is a full and faithful list and value of said Rice's property. I was sworn my hand as Judge of said this 30 th July 1823.
A. Beatty
Kentucky Franklin Circuit Sec. John
Payne Clerk of the Court for the Circuit aforesaid as hereby certify, that the foregoing oath and the schedule thereto annexed, are truly copied from the record of the said Court; and I do further cer- tify that it is the opinion of said Court that the total amount in value of the property described in the foregoing schedule is sixty eight dollars eighty one and a fourth cents.
In testimony whereof, I have

hereunto set my hand and affixed the seal of the said Court on this 2 nd day of Au- gust 1823.
John H. Payne

Imaskia
Lehoulou

fm Ky to Ohio, cincinnati Application for a Transfer. fm 4 Sept. 1833
State of Ohio } Brown county } ss.
On this seventh day of October A.D. 1833, before me the subscriber an associate judge of the court of common Pleas in and for the county aforesaid personally appeared James Rice of said county, who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Holt Richardson in the 7 th Virginia Regiment commanded by Col. James H. (Hickman) Claiborne in the service of the United States; that his name was placed on the pension roll of the State of Kentucky from whence he has lately removed; that he now resides in the State of Ohio in the county of Brown in Franklin Township where he intends to reside and wishes his pension to be there payable in future - The following are his reasons for removing from Kentucky to Ohio - He owned no land in Kentucky and his son Philip agreed to give him a small tract of land and build him a house to live in during his life - his wife and family were also desirous to move to Ohio.
Sworn to and subscribed before me this 7 th day of October A.D. 1833
his James Rice mark
David Johnson Associate Judge

The State of Ohio } Brown county } ss.
On this 7 th day of October A.D. 1833 before the subscriber an associate judge of the court of common pleas in and for said county personally appeared Philip Rice of said county who being duly sworn saith that James Rice is the identical person he represents himself to be in the foregoing affidavit and that he is the same James Rice named and described in the foregoing affidavit
Sworn to and subscribed before me } The day and year aforesaid }
his Philip Rice mark
David Johnson Associate Judge
I do hereby certify that Philip Rice is a respectable citizen worthy of credit under oath October 7-1833.
David Johnson Associate Judge
The State of Ohio } Brown county } ss.
I George W. King clerk pro tem. of the court of common pleas in and for the county aforesaid do hereby certify that David Johnson Esq. who has signed the foregoing affidavits is an associate judge as therein stated and that the above and foregoing signatures purporting to be his are genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Georgetown this 7 th day of October A.D. 1833.
George W. King Clerk

So Ohio 19, 046.
Kentucky
James Rice
of Bracken Co in the state of Kentucky who was a Private in the Comy commanded by Captain Holt of the regiment commanded by Colonel Spottwood in the Virginia line, for the term of two years
Inscribed on the Roll of Kentucky at the rate of 8 Dollars per month, to commence on the 30 of July 1820.
Certificate of Pension issued the 5 of Sept 1823 and unto Enoch W. Holton Esq Minerva Ky
  Arrears to 4th of Sept 1823  9. 57    Semi anl. all'ce ending 4 March 1824  48    0. 51     1. 6     89 57  $ 57. 57  
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }
March 18, 1823.
Dec 22? '33 transp d from Ky to Ohio for 4 Sept '33 from notices same day
Official copy in space 12 Mar 1844, and sent to Pensioner to E. M. Walker, Minerva Ky

40 332
Recy INVALID.
File No. 40, 332
James Rice His Rev. Rev.
Act: 18 th March 18 th
Index:—Vol. 8 , Page 21
[Arrangement of 1870.]

Geo Town C OCT 8
James L. Edwards Esq.
Commissioner of Pensions
Washington City
D.C.
Frankford Puff Ky to Mrs Patricia Rice

Georgetown Brown county Ohio
October 7-1833.
Sir,
Enclosed is the application of James Rice for a transfer of the payment of his pension.
You will please attend to it immediate- ly and confer a favor on the old man.
Respectfully yours &c.
Wm Shepherd

W. J. C. Calhoun

Mason County Kentucky Winfield August 4 th 1823
Dear Sir
your favor bearing date the 16 th of June in answer to my Letter written on the 3 rd of the same month, has been duly received, but previous to the receipt of your Letter, Mrs Graham, had received the papers which you returned to Mr James Price, and they have been handed over to the same and on the 30 th day of July he appeared before the Franklin Circuit Court, it being the County that he resides in, and made oath in combination with proof to the Schedule of his property, which appears to have been to the full satisfaction of the Court, Mr Price claims to pension & his services have doubtless been proven to the satisfaction of the War Department as appears from Letters written to H on M c Graham on that Subject, so that Mr Price has every reason to expect his Certificate, from the former acknowledgements as aforesaid, & the present papers herewith enclosed; he hopes that the Honorable Secretary of War will have his name placed on the Pension List roll by the 4 th of this ensuing September, & he further hopes that his pay will take rise from the date of his original declaration, Mr Price states that he first employed Capt H on M c Graham to investigate his claim, and that it was always Capt Graham's opinion, that if the applicant made oath to the Schedule of his property before any Court within the District wherein the applicant resides, it was a fulfilment of the Law in that head, but he appears to have been mistaken; in consequence of which, Mr Price's claim appears to have been lingering between hope & despair for several years - now Sir, from the knowledge that I have of Mr Price, in conjunction with the report of his foreign hours, I think that he inevitably stands in great need of the assistance of Government, and he appears to have full confidence in that Country, which  wherein he once liberally participated in the toils of War, for that Charity that is due

from the Honorable Secretary. To a brave & faithful Soldier, the old gentleman thinks it would be ungenerous to curtail his claim, an account of his having been misled by those whom he had employed to obtain his Certificate, especially when it was not a designing error, you will herewith find enclosed his schedule &c, which will no doubt meet with ample justice, it is true, that the sooner you can relieve him from his troubles of mind, respecting his claim, the better, for his decrepitude situation, & the undetached negotiation of his little affairs, renders the old man very unhappy, from every appearance; he says he calculates that the Constable will light on him very soon, and sweep away the little effects which he has now in possession.
I am respectfully your obedient servant
Enoch H. Hatten
As if you grant the certificate, Mrs Mice wishes you to forward it on to me in Minerva as soon as possible which shall be immediately handed over to him the, C.M.H. D Mice.....

James Rice.
Enoch W. Bolton, Minerva, N.Y.
Recd. 15 Aug: 1823
Rev. Mr. Rice: I have the honor of your letter of the 11th inst. and in reply to inform you that the same has been forwarded to the proper authorities for their consideration.

H. R. Graham Washington
Vide letter to H. R.
Graham, 7 Feb. 1822
sch d the wanted

Bracken County —
First Judicial District of the state of Kentucky —
On this 4 th day of December 1820, before me of the peace for said county the subscriber, presiding justice of the first Judicial District of Kentucky, personally appeared James Rice aged 85 years, resident in Bracken County in the said district, who being by me first duly sworn, according to law, doth, on his oath, make the following decla- -ration, thereby in order to obtain the provision made by an act of Congress, entitled "An act to provide for certain persons engaged in the Land, and Naval, service of the United States in the revolutionary war." That he, the said James Rice, enlisted for the term of two years, in the month of October 1775. (he does not recollect the precise day) at King William Court House state of Virginia, in the company commanded by Captain Holt Richardson, of the Regiment com- -manded by Colonel Spotswood, in the line of the state of Virginia, on the continental establishment; that he continued to serve in the said corps, or in the service of the United States until the 17 th October 1777, when he was discharged from service by Colonel McLanahan, at the "25 Mile Stone", on the Philadelphia road, in the state of Pennsylvania; that he was in the battles of Brandywine and Germantown; and in several skirmishes, and that he is in reduced circumstances, and stands in need of the assistance of his country for support; all of which, he stated to the Hon ble the Secretary of War, more than two years since, in order to obtain the provision made by the act of Congress aforesaid; and that he has

no other evidence, now in his power, of his said services save the affidavit of Philip R. Rice, hereunto an- =nected.
James Rice
Sworn and declared before me, the day and year aforesaid. Robert Walton J.P. Bracken County
Bracken County Set.
of the peace
I Robert Walton presiding Justice, as aforesaid, do certify that it appears to my satisfaction that the said James Rice, did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months, at one time, on the con- tinental establishment; and I now transmit the proceedings, and testimony taken, and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress; I am also satisfied that he needs the assistance of his country for support.
Given under my hand this 4 th day of December 1820. Robert Walton
Bracken County 1 st Judicial district of Kentucky -
On this 4 th day of December 1820, before me the subscriber, presiding Justice of the peace in said county and the first judicial

(Cinema) Kentucky January 30 th 1824
Dear Sir
agreeable to instruction in your last letter. Mr Price & my self have respectively sworn to the non receipt of Mr Price's Certificate, and herewith enclose to you the papers, Mr Price wishes his Certificate forwarded on as soon as practicable, & states that its very near the last of pea time with him.
Yours Very Respectfully, E. M. Hollow
V. L. Edwards Esqr,

Mr Edwards
To the Honorable for new certificate
Recd 12 Feb. 1824
Secretary of War Washington City
Recd

To the Honorable.
Thomas Metcalfe

Minerva Mason County Ky February 12 1823
To the Honorable
Thomas Metcalfe
Dear Sir
I have the honor of now having before me your favour of the 10 th Jany as likewise the forms that were in the same Packet, I want first wish to call your atten- tion to a Packet of papers that H on Mr Graham Directed to the care of Mr Vanzandt some 11 or 12 months ago, which Packet contained the last Proof of Thomas Brashears, James Browning & as well as I can recollect the Price Schedule and about the same time was sent to same a Land Warrant in favour of Charles Chinn for which there is no Patent due came to hand, as I had bought & paid for the Patent & feel of course interested, therefore I hope you will aid me in finding out whether or not such Patent has been issued ————— after I received your letter I wrote to Mr Price and he produced his schedule before the County Court of Mason, it being in the 1 st Judicial District wherein he lives & made oath & proved the same to the satisfaction of sd Court, &c was the His object in com- ing before the Mason City Court as stated by him is that the Court in Bracken County does not come on until the 4 Monday in this month

Consequently he could not have availed himself of an opportunity of having his name placed on the Pension Roll before next Sept, but under present circumstances he hopes with your aid & the schedule lastly made out, in addition to the first, he will certainly have it on by the 4 th of March next. The last schedule is not in as good form as the first, in account of their not being one man in the neighbourhood capable of drawing up a proper form, but as Mr Price had spoken to me to assist him in place of Capt Graham Beal, & insisting on my attention to his business, I this day attended at the clerks office in Washington in his place, & finding that his original schedule was in the office I have had it copied & enclosed with the last, it being as I have above stated in better form than the last. The old gentleman wishes you to pay that attention to his business that is due to an old soldier, which he dont hesitate to says he knows you will, from his list of property last January I find he is going down hill, I expect he says he has had libe- ral advancements from his friends in money, with a view of paying of them when he received his pension, & if he dont get his business adjusted soon, his creditors will close in on his little property & take his all, as they have some of them already begin to threaten him

If there should be any fault found in the first Schedule, & the last, as to their not cooperating in every statement I hope you will from your knowledge of old age, try and not let it be an obstacle, I see none in the most important facts, but a little in the age of him- self & wife, but the old man is quite in his doteage, & in fact, if there is not a proper record kept of such things as people's ages, it will slip the memory of 10 out of 15 — so I hope the present papers may answer every purpose, but I have thought that the preceding Magistrates name should have been subscribed to the papers &c —
I am with respect your
obedt Servant
E. M. Hotten

James Rice.
for pension
With most service once the countermarched as captain in the army - request order. — War Dept.
Pension Office Mar. 17 1879
Returned for proof of service & Schedule of property.
Mr. Stewart informed 5 Feb. 1822, that the papers were sufficient except a certificate giving home in claim form.
Mr. Stewart, at Sec. of Bty. Lds.

Kentucky Bracken County set.
Be it remembered that at a court held for the Circuit of Bracken at the Courthouse in Augusta in the County of Bracken on Tuesday the 7 th of July in the year 1878. before the Honble Adams Beatty Circuit Judge, James Rice a citizen of Bracken County presented an Open Court his petition for a pension upon the act of Congress passed at the last Session which was sworn to by him and it appearing to the satisfaction of the Court by the Oath of William Logan Esq. deputy Sheriff of said County that the said Rice is in indigent circumstances & requires the assistance of his country for a support and it further appearing to the satisfaction of the Court by the Oath of Philip Rice that the statements contained in the said petition are true and that the said James Rice was a soldier in the service of the United in the Continental Army for the term of two years, the said petition and the foregoing evidence is ordered to be certified to the War Department -
In testimony whereof I John Payne Clerk of the Court for the Circuit aforesaid have hereunto set my hand and affixed my seal of Office this 7 th day of August 1878. John Payne

State of Kentucky, sc t
I Adair Beatty, sole Judge of the Bracken circuit court, do certify that the foregoing attestation of John Payne, clerk of said court, is in due form. Given under my hand this 10 th of August 1818.
A Beatty

Kentucky
Bracken County Set.
On the 27 th day of January 1874; before me the subscriber a justice of the peace for the said county of Bracken personally appeared James Rice, who on his oath declares that he is the same person who formerly belonged to the company com- manded by Capt Holt Richardson in the 4 th Virginia Regiment commanded by Genl Spottswood in the service of the United States; that his name was placed on the pension roll of the State of Kentucky as he is informed, but he has never received a formal Certificate, and now wishes to obtain one. - the certifi- cate which he is informed you was sent to him or his agent never has reached his hands -
Given to the subscriber } James Rice before me the day & year } aforesaid }
Arthur Thorne J.P.B.C
Kentucky
Bracken County Set.
John Payne Clerk of the court for the county aforesaid do hereby certify that Arthur Thorne Esq r who has subscribed the

foregoing certificate, now is and was at the date of the same an acting justice of the peace in and for said county duly commissioned and sworn and to all his official acts as such just faith and credit is and ought to be given as well in courts of record as otherwise.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 27 th day of Janu- ary 1874.
J. M. Payne

Kentucky
Mason County Set
On the 28th day of January 1824 before me the subscriber a justice of the peace for the said County of Mason personally appeared E. W. Hotten who on his oath declares that he was acting as agent for James Rice for the purpose of obtaining him a Pension Certificate from the war department for his revolutionary services, and it appears from a Letter of J. E. Edwards, to said Hotten bearing date 27th of October 1823 that a pension certificate was granted to said Hotten as agent for said Rice and that such certificate never came to hand
Sworn to & subscribed before me the day & year above written
Enoch W. Hotten
A. Joe P. M. C.
State of Kentucky, Mason County Set
I Marshall Key clerk of the County Court for said County certify that Arthur Fox esquire before whom the above affidavit was made in due war at the time of subscribing his name therein a Justice of the peace acting in and for the County aforesaid duly commissioned and qualified, and that full faith and credit ought to be given to all his official acts.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said County at Washington the 29th day of January 1824 Marshall Key

17-723 James Rice
Returned for correction to be governed by the accom- panying letter to H. R. Graham Esq. dated 7 April 1821.
The original declaration was made before the Hon. • V. Beatty, sole Judge of the 1 st Judicial District of KY in July 1818 — This case must remain until May Davidson presents the original declaration July 20 1821
100 2 3 4 5

district of the state of Kentucky, personally appeared Philip R. Rice, a credible person, who being by me first duly sworn according to law, doth on his oath declare, that he knows the identical and aforesaid James Rice, to have enlisted for the term of two years, in the month of Oct: 1775, at King William Court House, in the state of Virginia, in the company commanded by Captain Holt Richardson of the Regiment commanded by Colonel Spotswood in the line of the state of Virginia on the continental establishment; and that he, the said Ja: Rice continued to serve in the said Corps, or in the service of the United States until Oct: 1777 when he was discharged: and further the said Philip R. Rice, swears as aforesaid, that the said James Rice is in indigent circumstances, needing the assistance of his country for support.
Given under my hand this 4 th day of December 1820—
Robert Walton Kentucky Bracken county ss.
John Payne clerk of the court for the county aforesaid do hereby certify that Robert Walton Esq before whom the foregoing declaration of James Rice was sworn to and before whom the foregoing Philip R. Rice was sworn & examined & now

Mason County, State of Kentucky ss
Be it remembered, that on this 3 d day of July 1821, before me W m Duff the subscriber, a Justice of the peace, in and for the county and state aforesaid, personally appeared Joseph Franklin known to me to be a disinterested deponent and a man of most respectable character and credibility; (who being by me first duly sworn according to Law, doth on his oath declare, that he knows the identical and aforesaid James Rice to have enlisted to serve for the term of two years, in the revolutionary war, and on continental establishment; first serving in the regiment of Colonel Spotswood, and then in that of Colonel McClanahan, by the latter of whom, he the said James Rice, was discharged in the year 1777, after having served two years; He however, the said Joseph Franklin, thinks that when said Rice enlisted in 1775, said Spotswood was but a Major, but in what Regiment he does not know, nor of the circumstance of his only being a Major, is he positive.

positive: the said Joseph Franklin further swears as aforesaid that he knows the said James Rice to have been in the battles of Brandywine and Germantown.
Joseph his Franklin mark
Witness Wm Duff
E. Morton
Sworn and subscribed to, in Mason County Kentucky, on the day and year first above written.
Before me. Wm Duff J. P. Mc.
State of Kentucky Mason County Set
I Marshall Esq Clerk of the County Court of said County certify that William Duff Esq before whom the foregoing affi- davit of Joseph Franklin was made, and who has granted the above certificate thereof is now and was at the time of so doing a justice of the peace in and for said county duly commissioned and qualified and that to all his official acts as such full faith and credit are due and ought to be given.
In testimony whereof I have hereunto set my hand, and affixed the seal of said court at Washington, the 4th day of July 1831. Marshall Esq

in and was at the time of taking the said affidavits, and subscribing the foregoing certificates, presiding Justice of the peace in and for said county duly commissioned and sworn and to all his official acts as such full faith and credit is due
In testimony whereof I have hereunto set my hand and affixed my seal of office this 4 th day of December 1820.
Wm Fayne
James Rice
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