Revolutionary War Pension and Bounty Land Warrant Application File S. 14,288, for William Rice, Massachusetts

SERVICE
NUMBER
Mass.
Rice William
S. 14,288
carded
CONTENTS

William Rice
13.694
✓
paper
24 day

Declaration
State of New York
Wayne County ss. On this 2 nd day of October personally appeared in open court before the Judges of the Court of Common Pleas now sitting in and for the County of Wayne aforesaid William Rice as resident of the Town of Marion in the County of Wayne and State of New York aged Sixty eight 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 7 th 1832 - That he entered the service of the United States under the following named Officers and served as herein stated Viz. That he volunteered for three months under the command of Capt. Oliver Smith White Regiment commanded Col. Murray then living in Hadfield Massachusetts the same Year that Arnold sold the Forts where he was stationed at West Point. The next Year he went as a substitute for Oliver Hunt then of Shrewsbury Mass and served six months in the Continental Army in the South Regiment commanded by Col. Tupper, Lieut. Col. Samuel Major Huse, in a company commanded by Capt. Burton, Lieut. Smith Ensign Hammond, said Regiment belonged to the Massachusetts Line
He hereby relinquishes every claim 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. and that he was born in the Town of Westbury County of Worcester State of Massachusetts in the Year 1764, he removed to the Town of Amherst Hampshire County State aforesaid where he lived when he enlisted and entered the service and removed from thence to Hanover. Then to Amherst. Then removed to the Town of Marion County of Wayne State of New York where he now resides
Sworn and subscribed the day and year aforesaid. That he never received any written discharge and that he has no documentary evidence, that he knows of no person whose testimony he can procure that can testify to his services.
Question
That the record of his age was burnt with his Father's house and the persons who can testify to his character David Bach, Sits Baldy, Polly Bach Clark
Sworn to and subscribed the day and Year aforesaid William Rice
We John Barker & Francis Moore residing in the County of Wayne hereby certify that we are well acquainted with William Rice who has subscribed and sworn to the above declaration that we believe him to be sixty eight Years of age that he is reputable 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 day and Year aforesaid
John Barker
Francis Moore

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 service as he states. And the Court further certifies that it appears to them that John Barker and Francis Moore Residents in the County of Wayne who have signed the preceding certificate are credible credible persons and that their statement is entitled to credit.
I John S. Caylor Clerk of the Courts of Wayne County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Price for a pension. In testimony whereof I have hereunto set my hand and seal of Office this 2 nd day of October 1832 -
John S. Caylor Clerk

order to pay 7 Nov. 1836 - to be paid as soon as due under Act of 1838 from 4 th Sept 1836 to 4 th Sept 37, age notified 28 March 1839.
Agency book gives death as Mar 19 1835
644
14022 New York
William Rice
Wayne Co in the State of New York who was a Private in the Company commanded by Captain Buxton of the Regt commanded by Col. Murray in the Mass s m il time for 9 mo
Agency book gives date of death as Mar. 19, 1835
Inscribed on the Roll of New York at the rate of 30 Dollars 00 Cents per annum to commence on the 4 th day of March, 1834.
Certificate of Pension issued the 6 th day of May 1837 and sent to David Coldy Master on the
Arrears to the 4 th of March 1837 $60.00 Semi-ant. allowance ending Sept. - 15.00
$75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 30

13.694.
William Rice Wayne County New York
admitted. 9 mo Private.
admitted. 9 mo Private. 4
David Eddy esq. John L. Lupton & Co Wayne County Court New York.

WAR DEPARTMENT,
Pension Office,
183
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 subjoined 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. These 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 William Rice, Wayne County, N.Y.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol: 1780. 3. Private Capt. Olverd Col. Murry aged 68. Amherst Hampshire Co. (Mass.) Revolutionary service   Sub: 1781. 6. " " Buxton " Tupper  
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 day 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 he 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 [j] 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.

Rev. War Section
V.L.K
May 15, 1922.
Mrs. G. R. Jenkins, 5463 Blackstone Avenue, Chicago, Illinois.
Madam:
In response to your letter dated the 4 th ultimo, you are advised that in the papers in the Revolutionary War pension claim of William Rice S. File No. 14288 (certificate No. 14,022) it is not stated whether he had a wife or children, and there is no pension claim on file for Roxana widow of William Rice.
Very respectfully.
Commissioner.

Oct. 28-1903 - No 56 May L. Rice - Boston, Mass
Nov. 25, 1903 Do same - no mention of service in war 1812
Nov. 15, 1906. And. for date of last payment to widow pd. & date of death. H.R.
1921 June 3. Mrs. G. P. Jenkins gave date for last payment. And
1922 May 13 - Mrs. G. R. Jenkins that there is no pen. el. for Roxana wid of H. Rice.
Rev. War
14288 INVALID.
File No. 14. 288
William Rice
Brw. Rev. War
Act: June 7 th 1832
Index: Vol. 1, Page 317
[Arrangement of 1870.]

Rev. War Section.
aw
June 3, 1901.
Mrs. G. R. Jenkins, 5463 Blackstone Ave. Chicago, Ills.
Madam:
In response to your letter of the 18 th ultimo, you are advised that for the date of last payment of the Revolutionary War pensioner William Rice, Survivor File 14, 288, Mass. Troops, you should apply to the Auditor for the Interior Department, citing all of the following data: William Rice, Certificate No. 14022, issued May 6, 1833, rate $30 per annum, commenced March 4, 1831, Act of June 7, 1832, New York Agency.
Very respectfully,
Washington Gardner
Commissioner.
aw.
I did not give date of death as of agency book or date of last payment as of auditors report, the discrepancy between them was so great She knows death date & wants last payment - A auditors report - does not use Cf 14022 - but by 9025 - which is crossed out -

6
TREASURY DEPARTMENT,
Washington, Nov. 19 th 1906.
The Commissioner of Pensions.
Sir: In reply to your letter of 15 th inst, in case of William Rice, Rev. War Act 1832 Certificate 9025 issued 6 May 1833. New York City Agency, Roll, you are informed that, according to the latest account rendered by the U. S. Pension Agent, the records of this office show
last payment to have been made at $30.- per month to 14288 Means there 14 September 1834 in October 1834. Pensioner resided in Marion, Wayne Co. for twelve years and previously at Amherst, Hampshire Co. Mass
William Rice lot $14,357 issued 21 May 1833 Albany Agency $6000 was last paid at $23 33 per annum to 4 March 1838 in June 1838. Pensioner resided in Pultney, Steuben Co. N.Y. for twenty years and previously at South East, Dutchess Co. N.Y. No other William Rice act 1832 appears upon the New York rolls.
Letter herewith returned.
W. Respectfully,
By
ROBERT S. PERSON Auditor. [Signature] Deputy Auditor.
REPLY SHOWING PAYMENTS. Pension Division.—Form 3577.—Ed. Nov. 26-04-3,000.
In spite of above report the N.Y. Agency book shows William Rice, lot 14022, issued May 6, 1833 date of death Mar. 19, 1835 & there is no Wm Rice under a lot no 9025 on said book

O. W. and N. Div
W
Division. Invt. File No. 14288 William Rice Rev. War.
SM R Ex'r.
Department of the Interior, BUREAU OF PENSIONS,
Washington, D. C., Nov. 15, 1906.
SIR:
For use in the above-entitled claim for pension, you are requested to furnish this Bureau with a report in the case of William Rice
pensioned under the Act of June 7, 1832 by certificate No. 14022 issued May 6, 1833, at the New York Agency, showing date of last payment and to whom paid, and if possible date of soldier's death.
Very respectfully,
J. L. [unintelligible] Commissioner.
Exp. 15 8-1034 4.34 + m 188 2.38 the 50th
THE AUDITOR FOR THE INTERIOR DEPARTMENT,
Treasury Department.

On x THE BERKELEY HOTEL BERKELEY AND BOYLSTON STREET BOSTON
Oct. 18, 1903.
Pension Office — Washington — D. C.
Would you kindly send me a copy of the services that William Rice of Amherst — Mass. & also Adam Rice of Amherst — Mass. filed in their applications for

pensions? William Rice, from Hampshire County, Amherst, Mass. served three months in 1780, in Capt. Dickinson's Co. Col. Porter's 4 th . Hamp- shire Co. regiment. I think he was drawing a pension in Marion, N. Y. Wayne County, in 1833. Did his widow continue to get his pension after William Rice's death?
Adam Rice was Corporal in 1775 from Amherst - Mass. in

Capt. Reuben Dickinson's Co. - Col. R. Woodbridge's Regiment. Adam Rice was Sergeant from May 1, 1775 for 8 months in same company. He was promoted to Quarter Master Sergeant on Muster & Pay Roll of Capt. Samuel Cook's Co. in Col. Woodbridge's Regiment, engaged Aug. 17, 1777 & served three months .
Adam Rice may have been drawing a pension in Hanover - N. H. about

the year 1791 or 1792 He lived in Amherst, Mass. until 1791.
Thanking you most kindly for your trouble
May L. Rice Berkeley Hotel Boston Mass.

April 4, 1922. Commissioner of Pensions, Dear Sir:
On Jan. 12, 1922 the auditor of the Interior Dept. wrote me that my Revolutionary ancestor, William Rice, (Certificate 14022 New York Agency) rec'd. his last payment, as a pensioner, on Oct. 7, 1834. He died in March 1835 in Marion, Wayne Co., New York, and I am anxious to know if his widow, Roxana Rice, continued to

receive his pension & when the last fragment was made to her? I am trying to ascertain the date of her death. Thanking you most kindly for your trouble.
Most sincerely
Mrs. G. R. Jenkins 5463 Blackstone Ave. Chicago
Ill.

Rev. Mr.
May 18, 1921.
Pension Bureau -
Washington - D. C.
Gentlemen -
Would you be so kind as to tell me the date that the " pension " was stopped being paid to my ancestor, William Rice, of Marion-Wayne Co. N.Y. ? He died Mar. 20, 1835 and had been in the Revolution. His widow survived

him. Would you please tell me her name & the date of her death?
Thanking you in advance for your trouble.
Most sincerely—
Mrs. G. R. Jenkins 5463 Blackstone Ave. Chicago
Ill