Revolutionary War Pension and Bounty Land Warrant Application File R 8233, for David Pearce, Rhode Island

SERVICE
NUMBER _____
R. J.
Pearce, David
P 8233
CONTENTS

In The matter of David Pierce Pioneer Papers
19805

State of Vermont?
Wayne County ss On this 3 rd Day of September Eighteen hundred and thirty two Personally appeared before me David Arne Jr Esq a Judge of the County Court of the County of Wayne David Price a resident of the town of Butte in the County of Wayne and State of Vermont aged eighty four 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 That he enlisted in the Service of the United States on the first Day of April 1777 at the town of Wannock County of Trask and State of Rhode Island and served as captain Williams Officers Company of Infantry attached to the 1 st Rhode Island Battery in the Regiment of Colonel Chaplin and duty until the first August thereafter from which place they marched to West Point by way of Middletown Newburgh Poughkeepsie and after remaining at Newburgh for a few days they marched to Mount Valley in the State of New Jersey marched back to Newburgh from which place they marched to New York City and from New York to White Plains

at Mount Nebo they were joined by Colonel Christopher Gadsden's South Carolina Line and the South Carolina to Captain Allan's Company . From which place they marched together as one regiment, commanded by Colonel Gadsden to Red Bank Fort. They were in one engagement during which there at a time when there was a time when a party called the Hessians attempted to form and Fort. From the Red Bank Fort they mar- ched directly back to Mount Nebo where they were joined by about five thousand men who had been sent on and were marching to Red Bank Fort who had been sent on by General Washington from White Marsh to aid in defending the Fort. From Mount Nebo they marched to Wattenfeld at which place they arrived on or about the first of December 1777 for the purpose of taking a party of the British who had been marauding and plundering from the inhabitants about that section of the country and who had before been on a raid at that place crossed on over upon the opposite side of Wattenfeld river and on their way took up the Bridge leading across the river and thereby put an end to their further adventure. From Wattenfeld River they

Marched they marched directly back to Mount Woolly and from thence to White- Mark by the way of Branton Parrington Bristol and there they remained about a week or thereabouts and then marched to a place called Valley Forge. From Valley Forge out on or about the first of June 1778 they marched to Monmouth Hill by the way of Princeton Allentown very in the Battle of Monmouth in General Lee's division and English Town. From Monmouth Hill they retreated  marched back to English Town from thence to Brimfield from Brimfield to Kings Ferry where they crossed and remained a considerable time at a place called Boston's River. From Boston's River they marched to Old Providence Rhode Island by the way of Providence Providence  and  then  to  Newport  where  they  remained Newport & Volunteered. From there they march- ed to the  island  where  they  remained to Newport  where  they  remained  on the island and used that up & down the island about one month they remained for about one month and then marched about 10 miles up the island  where  they  remained in one engagement while there where an attempt was made by the Enemy to take the Forts from the last mentioned place they marched back to Providence from there to Bristol and from Bristol to Warren where

the whole Brigade they made their winter quarters at which place until some where on or about the last of March of the year 1779 he was taken sick and received a furlough to return home which he did and soon after was again able to return into the Service before the close of the war - and that he was in the actual service of the United States during the war then mentioned time - And that he was acquainted with the following named officers in the regiment in which he served Captain Adair Lieutenant Colonel Henry Oney Lieutenant Colonel Captain Thomas Arnold Captain Covington Captain Stephen Oney Captain Dater Captain Humphrey Captain Hughes and Captain Tuck Captain F.L. of was acquainted with General Henry Oney and General Lee and this Deponent says that he was born in the town of Warmick County of Kent State of Rhode Island in the year 1728 has no record of his age - That he resided in the town of Warmick in the State aforesaid at the time he was called into the service - and has since that time resided in Stephentown Albany County Rensselaer Village Rensselaer County State of New York in the town of Junius Seneca County and in the town of Ross Wayne County State of New York and that he now resides in the town of Battle Wayne County and State aforesaid - and that he never received any commission while in said Service, nor any discharge when he left the same

That he is acquainted with James William Shepherd and Austin residing in his neighborhood who have testified to his his character for bravery and and their belief his services as a soldier of the revolution. That he has no documentary evidence and knows no person now living whose testimony he has previously who have testified to his services. He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of any state from to & subscribed David Pearce the Day & Year aforesaid
Before me David Pearce Judge Wayne County Court N.E. William N. E. BORN a Clergyman residing in the Town of Butler County of Wayne and Austin Thos & William Shepherd residing in (the same) hereby certify that we one were well acquainted with David Pearce who has subscribed & from to the above declaration that we believe him to be Eighty Four Years of age that he is reputed & believed in the neighborhood where he resides
Butler and from North to Warren lines

St. Louis, Mo.
to have been a soldier of the revolution and that we concur in that opinion from Hulsebid the Austin Post
Day & L. an friend before me
David Arne Jr Jeddy May Jr County Court
William Shepherd Wm M. Horn
And I the said David Arne Jr Judge as aforesaid do declare my opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states and I do further certify that it appears to me that William H. Hulsebid William Hulsebid who has signed the preceding Certificate is a clergyman resident in the town of Butler County of Wayne and that Austin Post & William Shepherd who has also signed the same is a resident in the same place and is a credible person and that their statement is entitled to credit and I do further certify that the said David Arne being bodily infirmity is unable to attend court
David Arne Jr

State of New York } Wayne County ss }
I Cullen Foster Deputy Clerk of said County do certify that David Arne Jr. whose signature appears to the foregoing Declaration and Certificate was at the date thereof a Judge of Wayne County Court and that I am well acquainted with his hand writing and verily believe his signature to said Declaration Affidavit, and Certificate, is genuine. In testimony whereof I have hereunto set my hand and seal of Office this Twenty second day of November A. D. 1832
Cullen Foster, Dep. Clk

no 19805
Daria Pierce
May 6: N.Y. 1862
Rejected
to the blank as a note N.Y. 1862

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. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: \} ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Dana Pierce Mayne Esq. N York
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 do hereby certify (h) that the foregoing contains the original proceedings of the Court of the application of said Court in the matter 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) _____, 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 _____ A.D. 19____ &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 (1) 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 [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

New York Revo.
David Pierce
8239
Rejected
let. C. F. Clarke
May 21 1833
Act y June '32

82233
P. O. Davis Pierce
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18