Revolutionary War Pension and Bounty Land Warrant Application File S. 29,419, for Benjamin Rice, Massachusetts

SERVICE
Rice, Benjamin
NUMBER
Mass. 6
S. 29.419
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

10.813.
Massachusetts
Benjamin Rice
of Worcester in the State of Mass who was a S er in the company commanded by Captain Wilder of the Reg t commanded by Col Doolittle in the Spring campaign of 1862.
M rs
87 Massachusetts
Inscribed on the Roll of Mass at the rate of $15 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 th day of April 1833 and sent to Kendall Seaminster Mass
Arrears to the 4th of Mar. 1833 $90 — Semi-ant. allowance ending Sep r 1 22.50 $112.50
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. H. Blair Clerk, Book X, Vol. 2, Page 71.

Declaration of Benjamin Rice - a Sargeant in the Massachusetts Militia

RATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
Benjamin Rice
OF WORCESTER, ss.
ON this seventeenth day of October in the year of our Lord, eighteen hundred and thirty Two . personally appeared in open Court, before the Hon. Nathaniel Paine , Judge of Probate now sitting Benjamin Rice a resident of Winchendon in the County of Worcester and Commonwealth of Massachusetts, aged Eighty 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 7th, 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
He state that he was born in the town of Leicester in the Commonwealth of Massachusetts in the year 1744 - that there is a Record of his age in said town of Leicester - that he lived at Winchendon when called into service, and has continued to reside there ever since - that he was a Volunteer in the service - That on the first of May 1775, he enlisted as a Sargent for the term of Eight months into a Company of Militia under the command of Capt. Abel Wilds of Winchendon - Lieut. Jonas Allen, & Ensign Danl. Pike. That the Company was attached to a Regiment commanded by Col. Ephraim Doolittle of Peterham - Lieut. Col. Holden of Princeton - Major. Willard Moore of Paxton - that he joined his Company at Cambridge about the first of May - Major General Ward was commander in Chief - That he was engaged in the memorable Battle of Bunker Hill - Major Moore was killed in the engagement. In the Battle the Regiment encamped on Brattle Hill so called situated about one & a half from Bunker Hill. After remaining there some days, moved to Winter Hill, which a Head quarters during the remainder of the term - a Regiment commanded by a Col. also one commanded by a Col. Knowlton of Connecticut were stationed there - General Sullivan who commanded the Brigade had his Head Quarters on Winter Hill. That the Engagement on Bunker Hill he was employed in various camp duties during the remaining part of the eight months -
Sergeant 8 months
That on the expiration of his term of Eight Months he again enlisted as a Sargent into the same Company under the same officers for the term of one month, that during this term which was the month of January 1776 he was employed in collecting and procuring feed from the Town of Bedford for the use of the Army - That during the whole time of his service in the War he did the duty of a Sargent in his Company and as he only believes to the entire satisfaction of his Superior Officers; and received Sargents pay - that he never received any regular discharge from the service - That on his dismissal he returned directly home to Winchendon - Major Gendward was commander in Chief till the arrival of Genl Washington - That the Revd Eber L Clark - Jacob D Woodbury & Moses M Reed all of Winchendon can testify as to character for integrity.
Sergeant 1 month
As evidence of the truth of the foregoing statements he produces the Depositions of Thomas Beal and John Norton
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Before NATH. PAINE Judge of Probate for the County of Worcester
Benjamin Rice

We Samuel Simonds a Clergyman residing in the Town of Winchendon and Daniel Day residing in Simsbury hereby certify that we are well acquainted with Benjamin Rice who has subscribed and sworn to the above declaration, that we believe him to be Eighty eight years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid. Before Nathl. James Judge of Probate for the County of Worcester  Samuel Simonds Daniel Day
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Samuel Simonds who signed the preceding certificate, is a clergyman, resident in the Town of Winchendon and that Daniel Day who has also signed the same is a resident in the Town of Winchendon and is a credible person, and that their statement is entitled to credit.
Nathl. James Judge of Probate for the County of Worcester
I Theophilus Wheeler Reg'd , Clerk of the Court of Probate - do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Rice for a pension. Thos. Franklin Gregory before whom the annexed affidavit was taken, is a Justice of the Peace in & for the County of Worcester, & that his signature is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal at least this eighteenth day of October in the year of our Lord eighteen hundred and thirty two
Theoph. Wheeler Reg'd of the said Court of Probate for the County of Worcester in Massachusetts -

Benjamin Rice Mass
Sept 9 Months.
$45.
Joseph G. Kendall Leominster Mass.

WAR DEPARTMENT,
Pension Office,
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 Benjamin Vice  County of Worcester Mass
   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.     Enlist 1775 8 Sergt. Capt Molder Col Dootittle 88 years Mass Swearing   ~ Sergt. Same officers  
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 file how 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 place—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 [e] 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.

for a statement of the military history of Benjamin Rice , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( or his widow's ) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     May 1, 1775 9 mos. Sergeant Abel Wilder Ephraim Doolittle Mass.                                     
Battles engaged in, Bunker Hill.
Residence of soldier at enlistment, Winchendon, Mass.
Date of application for pension, Oct. 17, 1832.
Residence at date of application, Winchendon, Mass.
Age at date of application, born in 1744 at Leicester, Mass.
Remarks: His claim was allowed. There is no family data on file.
Very respectfully,
Commissioner.

29419 Rev INVALID.
File No. 29,419
Benjamin Rice
Clergy Rev. Mass
Act: June 7" 32"
Index:—Vol. 9 , Page 380
[Arrangement of 1870.]

Declaration of Benjamin Price

I John Norton of Rayston in the County of Worcester and Commonwealth of Massachusetts. Aged Seventy Six years Deposeth and says that about the first of May 1775 I enlisted into the service of the United States in the Revolutionary war in Capt Abel Wilder's Company of Winchendon & marched to Cambridge Ms said Wilder's Company was annexed to Col. Ephraim Doolittle's Regiment which was stationed in the vicinity of Cambridge near Boston - where deponent performed the duty of a soldier during the term of eight months (and also one month more in cutting fuel for the Army in Medford Woods - deponent also states that he was in Bunkerhill Battle - Deponent further testifies that Benjamin Rice of Winchendon performed the duty of Sergeant during the whole of said nine months being personally acquainted with said Rice daily during the whole of said term of time (and knew said Rice to be in John Norton Bunkerhill Battle -
Commonwealth of Massachusetts } Worcester County ss. October 6. 1832 }
Then the above named John Norton came before me (and made oath to the truth of the foregoing deposition by him subscribed (and I further certify that I am personally acquainted with said deponent, (and that he is a person of truth and veracity -
Franklin Gregory Justice of the Peace

I Thomas Beal of Royalston in the County of Worcester (and Commonwealth of Massachusetts) aged Eighty five years deposeth and says That in the latter part of the month of April in the year 1775 I entered into the service, in the Revolutionary War for the term of eight months - in Capt Jonathan Holman's Company of Templeton Mts - which Company was annexed to Col Ephraim Doolittle's Regiment, which was stationed in the vicinity of Cambridge, where deponent performed the duty of a Sergeant and during the whole of said term of eight months -
Deponent further testifies that Benjamin Rice of Winchendon performed the duty of a Sergeant in Capt Abel Wilder's Company in said Col. Ephraim Doolittle's Regiment during the whole of said term of eight months - deponent being personally acquainted with said Rice during the whole of said time
Thomas Beal
Commonwealth of Massachusetts Worcester County ss October 5. 1832
Then the above named Thomas Beal came before me and made Oath to the truth of the foregoing deposition by him subscribed - (and I hereby further certify that I am personally acquainted with said deponent and that he is a person of truth and veracity -
Franklin Gregory Justice of the Peace