Revolutionary War Pension and Bounty Land Warrant Application File S. 5,998, for Israel Rice, Massachusetts

SERVICE
NUMBER
Mass.
Rice, Israel
S. 5,998
carded
CONTENTS

16336 14316 New York
Israel Rice
Admitted to the State of New York who was a private in the Company commanded Captain Rice of the Regt. commanded Col. Brewer in the Mass. militia for 7 mos 12 ds.
inscribed on the Roll of New York the rate of 24 Dollars 65 Cents per annum commence on the 14th day of March, 1831.
Certificate of Pension issued the 18 day of May 1833 and sent to N. G. Sloan
arrears to the 14th of March 1833 $49.30 semi-annual allowance ending Sept 12.32 $61.62
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk. Book Vol. 4 Page 73

10000. Israel Rice Madison Co.
admitted 7 mos 12 ds/pr $24.65
20 3.33 0.32 24.65
A. S. Sloan Clerk Madison Co. 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 Israel Rice.  Madison Co. New York.
   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.     Nov 1776 " 3 " Pvt Capt. Seth Rice Lt. Sherman Col. Bree Gen. Sullivan None N. Hamp. N. Jersey 71 years Worcester Co. Trans. Summary   June 1777 " " 21 " Not recol. Col. Lee Not recol. Col. Lee " Rhode Is. 44 yrs.   Sep r Ditto " 3 " " Capt. Kimball Lt. Ware Col. Sol. Bushan Bunker Hill Trenton Princeton N. Hamp. N. York   1779 " " 21 " Not recol. Col. Lee Not recol. Col. Lee None "   7 12  
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 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 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.
Joseph Rowen Esq

Small Piece
1033
2

In order to obtain the benefit of the act of congress of 4 th June 1832
State of New York Madison County
On this 21 st day of October 1832 personally appeared before the Judges of the Court of Common Pleas of the County of Madison in open court, James Belandge, presiding Judge Israel Rice a resident of the Town & County of Madison and State of New York, aged 71 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 provisions made by the act of congress passed June 4 th 1832 That he enlisted as a private in the army of the State of Massachusetts as a private, in the year 1776, and served in the Regiment of the State troops, for three months, and that he enlisted at Northboro in Worcester County Massachusetts, about the middle of November of that year, in a company commanded by Capt. Seth Rice, of said Northboro, and a Lieutenant Sherman, given name not remembered, nor the names of the other officers of the company, and that he entered the service the same day of his enlistment, and marched from said Northboro, a few days after enlisting, and marched through Worcester, Brookfield, and Brimfield in Massachusetts, & from thence into Connecticut, crossed the Connecticut River at Hartford & from thence by way of Siloofield to Danbury, and from thence to Pukehill in this State where the said company remained a few days, and from thence marched down the Hudson River to Kingsferry, where he crossed said River & from thence to Morristown in the State of New Jersey, and from thence to a place called Bound Brook, where his said company were attached to a Colonel Breyers Regiment, does not remember his given name, nor the names of the other Regimental Officers, and he there remained until the time of his enlistment expired which was for three months, and was there dismissed, about the

the first of March 1777 but did not receive any written discharge. He does not recollect the names of any General or other field Officers, who were in command there and that, he at the time of his enlistment resided in the aforesaid town of Northboro. And during the same year, he volunteered as a private for a short tour, in the month of June in the militia service of the State of Massachusetts and marched to the State of Rhode Island, and was there stationed with other volunteers on an Island called Warren Island South, or Southeastwardly from Providence, and after serving three weeks was dismissed, but rec d no written discharge, and that he does not remember the name of any officer of the company, nor the name of any field or other officer in command at that place, and that he resided in the aforesaid Town of Northboro at the time he volunteered, And that he again enlisted in the fore part of September of the same year for three months in the militia service of Massachusetts, as a private in a company - commanded by Captain Kimball his given name and place of residence not remembered, and his adjutant Wares, does not remember his given name, but was a resident of Westborough, Worcester County Massachusetts, and the said company marched the fore part of September of that year from the aforesaid Northboro, and passed through New Braintree to Hartwick, and there received orders from General Warner, from thence he marched with said company, to Hadley where crossed the Connecticut River to Northampton from there, through Patridgefield directly to Bennington, in Vermont, and from thence to the Hudson River, which he crossed on a floating bridge a little below Bemus Heights, and joined the American Army at Bemus Heights, where, said company was a Regiment commanded by Col. Job Cushman, a resident of Shrewsbury, Worcester County Massachusetts, and that he was there, serving in said Regiment at the time of the Battle of Bemus Heights, in the reserve of the Army.

and remained in the Army, until, and was present in the American Army at the surrender of Burgoyne, and afterwards was marched to Albany, & from thence to Esopus, which was burnt a short time previous, & there or near that place, he with the Regiment, to which he belonged embarked on board of Sloops & Sailed down the Hudson to, or near Haverstraw & there was disembarked & marched to White Plains, and there joined the American Army stationed at that place, & there completed  spent his full term of enlistment which was for three months, and was then dismissed, but received no written discharge, and at Poughkeepsie he knew General Gates, and the afterwards Traitor Arnold and at White Plains, he knew no officers but of his own Regiment he having sickened  been sickened soon after his arrival and did not recover until the time of his enlistment had expired, and was dismissed the forepart of December of that year.
And that he again enlisted as a private in the year 1779 in the State Troops of Massachusetts, for three months, in a company made up promiscuously from different parts of the State, and that he cannot remember the names of any of the officers, and that he entered the service & commenced his march from the aforesaid Northbury on the 26 th October of that year through the Towns of the  Worcester, Springfield, Egremont directly  to to Cloversack, in this State the destination of the company when he was enlisted was said to be Fort Stanwicks, on the Mohawk River, and from Cloversack, he marched to Albany & from thence to Kiskawana, and there received advice that their services were not wanted, and he and the company were dismissed the latter part of November of that year, having served a little more than three weeks, and that he was a resident of the aforesaid Town of Northboro, at the times of the several enlistments & that he in no case received a written discharge and that he does not know of any one now living who served with him in either of the above campaigns. And that he has no documentary evidence, and that he does not know of any publick record of his age or birth

And that he was born in the Town of North Berwick County of Massachusetts on the 22 nd day of February 1761 as he has been informed & believes & resided in that place after the Revolutionary war, until the year 1796 and then removed to the town of Ithaca County of Madison & State of New York, where he now resides, and that all the above services were rendered during the Revolutionary war. And that he is well acquainted & has been for many years with John White, Capt. Samuel White, Capt. David Peabody, Ebenezer Burnham, & John Brown all of the said Town of Madison & all his neighbors, to whom reference can be had, and to many others in said Town And that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the pension roll of the agency of any State
Sworn & Subscribed to this 8 th day of October Israel Rice 1832-
A. S. Sloan Clk

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 John White and Samuel White, who have signed the Annexed Certificate, are residents in the town of Madison in the County of Madison, and are Credible persons, And that their Statement is entitled to Credit -
I Andrew S. Sloan, Clerk of the Court of Common Pleas in and for the County of Madison, do certify that the foregoing Co contains the Original Proceedings in the Matter of the application of Israel Rice for a Pension -
In testimony whereof I have hereunto set my hand and Seal of Office this ninth day of October 1832 -
A. S. Sloan Clk

State of New York } Madison County }
John White & Captain Samuel White both of the Town and County of Madison & State of New York, being first duly sworn according law, doth on their oath depose and say; that they are, well acquainted with Israel Rice of the aforesaid Town, and have lived a near neighbor to him for more than thirty years last past. I have often heard him, many years ago relate the ser- -vices rendered by him during the Revolutionary War, as set forth in his declaration, which has been read to them And that they fully believe all that he there sets forth to be true, entitled to full credit & belief, and that the said Israel Rice is reputed in the neighborhood where he lives a man of good reputation, morally and for truth & veracity; and of respectability as a neighbor and a citizen & as a member of Society, and has always been in said neighborhood, been reputed to have been a soldier of the Revolution, and never heard such reputation doubted by anyone, and that they have no doubt but that the said Israel Rice is of the age of 71 years and these deponents, the said John White is of the age of 71 years, and the said Samuel White is of the age of 67 years
Subscribed and sworn to this 25 th day of September 1832, before me Thomas Miller Jr. Justice of the peace
John White Samuel White

State of New York Madison Co. to Clerk's Office
ss. I, Andrew S. Sloan, Clerk of the said County, do certify that Thomas Millen Jr. before whom the within Affidavit purports to have been sworn, was, at the date of the same, One of the Justices of the Peace in and for the said County. And that I am acquainted with his hand writing and verily believe his name sub- scribed to the said Affidavit, to be his proper hand writing and Signature - Witness my hand and seal of Office this ninth day of October 1832 A. S. Sloan Clk
Small Pice
1033

Rev War
5998
INVALID.
File No. 5998
Israel Rice
Rev War
Act: June 1 st 1732
Index:—Vol. M , Page 316
[Arrangement of 1870.]