Revolutionary War Pension and Bounty Land Warrant Application File S. 37340, for David Rice, Other

SERVICE
NUMBER
Navy
Rice, David
S 37340
Maine residence and agency
CONTENTS

Revolutionary David Rice.
of Portland - in the State of Maine who acted as  was a Midshipman in the Frigate Alliance  Regiment commanded by Colonel Capt Berry - of the U. S. Navy line, for the term of two years . Mass
Inscribed on the Roll of Maine .
at the rate of 8 - Dollars per month, to commence on the 27 th of April 1818 .
Certificate of Pension issued the 23 d of Jan 1821 .
and sent to The Hon Mr Whitman .
House of Representatives .
arrears to 4th of Sep 1820 — $ 226.13
semi-ann. all'ce ending 4 Mar 1821 .. 48.
28 mo 8/30 20 — $ 274.13
{ Revolutionary claim, } { Act 18th March, 1818. }
{ 1 May 1820 }

256. David Rice
Copy
admitted under law May 1. 1890
decide under March 18. 1890
SIXTH DISTRICT
Second of the said County and I do further certify that it is the opinion of the said District Court that the Joseph ... that the ... and the ... P. Jones ... the District Court ... the ... State ... the ...

UNITED STATES OF AMERICA.
DISTRICT OF MAINE, ss.
At a District Court of the United States begun and holden at Portland within and for the District of Maine, on the first Tuesday , being the sixth day of June and by adjournment from day to day, on the sixth day of July in the year of our Lord one thousand eight hundred and twenty, before the Honorable ALBION K. PARRIS , Judge of said Court.
ON this sixth day of July in the year above written, personally appeared in open Court, the same having "the power of fine and imprisonment," and being a Court of Record for said Maine District, David Rice aged sixty years, resident in Portland in said District, who being first duly sworn according to law, doth on his oath declare that he was in the
entered on board the Frigate Alliance on or about the last day of May A.D. 1780 and that he served on board said Frigate in the capacity of an Acting Midshipman for about two years and was then left sick at New London in Connecticut. That during said service he made two voyages to France and arrived at L'Orient, and entered that Port in both voyages. That he has no other evidence of his said services than an original declaration made on the twenty seventh day of April A.D. 1818 before the Honorable William Wedgery Associate Judge of the Circuit Court of Common Pleas for the First Eastern Circuit of the Commonwealth of Massachusetts together with the affidavit of Nathaniel Serre , which is therewith annexed. And I do solemnly swear that I was a resident . . . .
Sworn to and declared, on the sixth day of July A.D. 1820.
BEFORE Albion K. Parris
U. S. District Judge for the District of Maine.

UNITED STATES OF AMERICA. DISTRICT OF MAINE, ss.
At a District Court of the United States begun and holden at Portland within and for the District of Maine, on the first Tuesday, being the sixth . . . day of June and by adjournment from day to day, on the sixth . . . day of July . . . in the year of our Lord one thousand eight hundred and twenty, before the Honorable ALBION K. PARRIS, Judge of said Court.
ON this sixth . . . day of July . . . in the year above written, personally appeared in open Court, the same having "the power of fine and imprisonment," and being a Court of Record for said Maine District, David Rice . . . aged sixty . . . years, resident in Portland . . . in said District, who being first duly sworn according to law doth on his oath declare that he is a
fully numbered  was granted. And I do solemnly swear that I was a  resident citizen of the United States on the 18th day of March 1818 ; and that I have not since that time by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18th day of March, 1818 : and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts due to me ; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed ; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is particularly described on the back hereof, also subscribed by me.
David Rice
Sworn to and declared, on the sixth } day of July A. D. 1820. }
BEFORE Albion K. Parris
{ U. S. District Judge for the District of Maine.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz:
Real estate — I have none — Personal estate — A few necessary utensils to keep house. I have often been assisted by the Town Overseers of the Poor — I have no income
David Rice
Sworn to July 6. 1820 Before
Albion H. Parris U. S. Dist. Judge
SCHEDULE of the family residing with me David Rice . . . . who, by occupation am a laborer . . . . which I am not able to pursue by reason of age and infirmity
   NAMES. AGES. Capacity of each to contribute to their support.     Wife Mary. 59 a feeble woman   David Rice   Sworn to Before Albion H. Parris U. S. Dist. Judge  

MAINE DISTRICT, ss.
I, JOHN MUSSEY, Junr. Clerk of the District Court of the United States for Maine District, do hereby certify, that the foregoing oath, and the schedules thereto annexed, are truly copied from the Record of the said Court; and I do further certify, that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule, is five . . . . . dollars and thirty . . . . . cents.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this sixth . . . . day of July . . . . A. D. one thousand eight hundred and twenty.
John Mussey Junr
{ Clerk of the U. States District Court for Maine District.
$5.30

David Rice Mids as a Mariner on board the Frigate Alliance Capt Barry May 1779 May 1781 Proof of service not required also the proof Certificate of the peculiar circumstances of the applicant 15 Sept 1819
17,108.
David Rice, Portland, Maine. 27. April, 1818.
Midshipman on board the frigate Alliance, Capt. Barry, 2 years, from last of May, 1780.
It is required, that the testimony, on oath, of two or more disinterested and credible persons, certified as such by the judge, be taken, to prove the applicant's service, or 9 months thereof, in continuance, on Cont. Establishment.
Joseph Pope, agent, Portland, Maine, 13. July, 21.

To the Honorable WILLIAM WIDGERY , one of the Associate Judges of the Circuit
Commonwealth of Massachusetts.
I Nathaniel Service of Boston in the Commonwealth aforesaid of lawful age testify and say, that I was a mariner on board of the United States frigate Alliance Commander Barry from December 1781 until April 1783. During said time I well remember a mariner midshipman on board the said frigate by the name of Rice, and have no doubt that the David Rice of Portland in the State of Maine and aff. tenant for a pension from the United States is the same person - Nathl. Service
Bucksport. Mass. April 12 th - 1820
Personally appeared the above named Nath aniel Service whom I certify to be in my service a cred- ible witness and made solemn oath to the truth of the above statement by him subscribed -
Before me -
Stephen Hooper - J. P.

To the Honorable WILLIAM WIDGERY, one of the Associate Judges of the Circuit
Commonwealth of Massachusetts.
I Nathaniel Service of Boston in the Commonwealth aforesaid of lawful age testify and say, that I was a mariner on board of the United States frigate Alliance Commander Barry from December 1781 until April 1783. During said time I well knew the said frigate
Apparatus of the Service for Sail and Steam

To the Honorable WILLIAM WIDGERY , one of the Associate Judges of the Circuit Court of Common Pleas for the first Eastern Circuit of the Commonwealth of Massachusetts.
RESPECTFULLY SHOWS....
David Brinsdall Price of Portland in the Maine District, that he served as a and acting midshipman in the war of the revolution for the term of two years in the Navy of the United States on the Continental Establishment, that he yet is a resident citizen of the United States at Portland aforesaid, and that by reason of your applicant's reduced circumstances in life, he is in need of assistance from his country for support, being now fifty seven years of age.
AND your applicant farther represents, that in the service aforesaid, he belonged in his said capacity of a acting midshipman to the frigate Company of the Alliance Regiment, of the Massachusetts Line , that he entered said service on or about the last day of May one thousand seven hundred and eighty  eighty and that he left said service on or about the last day of May one thousand seven hundred and eighty  two  three being sick & incapable of service. He was left at New London, that during said service he made two voyages to France and arrived at L'Orient and returned that port in both voyages. And your applicant farther states that he had lost all his papers in removing from Portland to Lebanon which were necessary to his service.
WHEREFORE, inasmuch as your applicant, as he verily believes, comes under the provisions of the Act, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," he prays your honor to institute an enquiry into the circumstances of his case, and that such farther proceedings may be had touching the premises as are prescribed by law, in order that your applicant may be placed on the Pension List of the United States.
Dated at PORTLAND, this twenty seventh day of April 1818.
David Price
UNITED STATES OF AMERICA.
MAINE DISTRICT, ss.
BE IT KNOWN, that on the twenty seventh day of April one thousand eight hundred and eighteen, personally came before me, WILLIAM WIDGERY , one of the Associate Judges of the Circuit Court of Common Pleas for the first Eastern Circuit of the Commonwealth of Massachusetts, resident at Portland, within the County of Cumberland, in said Maine District—the said Court being a Court of record of said State, David Price the above named applicant, and made oath that the several statements by him made in the foregoing application by him signed are true. And the said
David Price offered no farther offered in evidence being unable to produce any
WHEREUPON it does appear to the satisfaction of me the said Judge, that the said David Price served in the revolutionary war as alledged in his application, against the common enemy.
IN TESTIMONY WHEREOF, I the said Judge, have hereunto set my hand and caused the seal of the said Circuit Court of Common Pleas for the County of Cumberland, to be hereunto affixed, this 27th day of April in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-second.
Wm Widgery
Associate Judge of the Circuit Court of Common Pleas for the first Eastern Circuit of the Commonwealth of Massachusetts.

That the within application is in the nature of a petition for a writ of habeas corpus and is therefore subject to the rules and practice of the Superior Court in the trial of such petitions. Feb. 11 1920
Oliver Brag
State of Maine - I certify that David Pierce the within applicant is in my judgment and opinion a person that stands in need of the assistance of his country -
Wm Wedgebury } Associate Judge of the Court for the first Eastern Court

Invalid
XXXXXXXXXXXX
Navy
File No. 37340
David Rice Midshipman Frigate "Alliance" Revolutionary
Act March 18 th 1818 & May 1 1820.
Index: Vol. _____, Page _____
[Arrangement of 1870.]

No. 789.
ACT OF MARCH 3, 1855.
Received _____, 187_____
Navy David Rice Seaman U. S. S. "Alliance"

Daniel Tucker Portland 23 July 1819
Respecting David Rice's claim for a pension.
David Rice Seaman
"U.S.S. Alliance" U.S.N.
Revolution
The Hon: Secretary of the Navy. Washington
1819.

Portland July 3 d 1879
Benjamin Homans Esq.
Sir
Your prompt attention to the letter I have written to prefer the claims of invalids and others who are candidates for pensions from Government induces me once more to trespass on your time and patience; and to enquire whether David Rice of Portland, has a claim or statement of a claim for a pension recorded in your office? — Rice is now living in Portland, he is poor, aged, and infirm — he served two years and an half onboard the U.S. Frigate Alliance under the command of Commodore Barry in the time of the Revolutionary War, and soon after the passing of the law of March 1818 granting pensions to those who served their country by sea or land, viz. in the Army or Navy, Rice substantiated his claim for a pension before the Hon. William Wizery Esq. one of the Justices of the Circuit Court of Common Pleas for first Eastern Circuit, in the District of Maine: And it is presumed that the Judge sent on his certificate to the War Department, instead of the Navy Department. And no return or acknowledgment of the claim has yet been made to Judge Wizery; or to Rice him-

self - The object of my enquiry is to know if there is such a claim pending in the Department in which you are the Secretary. - I have a son, John Tucker, who is a Clerk, in the War Office and I have written to him on this subject, and have been informed that Rice's claim was not recorded there. If you will search the records or files, and give me any information upon this man's claim for a pension, you will oblige me, and favor the cause of humanity, as Mr Rice is now poor and has a family: - He served in the capacity of mid-shipman and was a re-enlisting of- ficer for the briget above named. - I beg your attention and I am Sir, your humble servant
Daniel Tucker

John Coopers Letter
Portland
Me
Dec 1872

Machias Aug. 22
Paid 18 3/4
Joseph Pope Esquire
Portland

Wachias 19. August 1820
Joseph Pope Esq.
Dear Sir
In my return from a journey I found your letter of 25 July respecting Mr David Rice and am really sorry that it is not in my power to be of service to him. I had two Brothers that served on board the Alliance Frigate during the Revolution - one Samuel, who was purser, the other Richard, who was master's mate as stated in your letter - they were both older than myself and have been dead many years - I shall always embrace with pleasure any opportunity that will enable me to serve an old revolutionist.
Yours respectfully John Cooper

Wm Jones. Affidavit for David Rice -

State of Maine
I William Jones of Portland of lawful age, do testify and say, that in the summer of 1781. or 1782 - I was on board the Sloop Washington of Portland, Joshua Freeman Master, at Cape Francis - and Benj n Carter a son-in-law of Mr. David Rue of Portland was also then on board said Sloop - The Frigate Alliance Commodore Barry, was standing off and on the Harbor, being on her return from L'Orient in France, as I understood from the cockswain of the Barge belonging to said Frigate, which came into port - Said Carter wishing to inform Mr. Rue of the situation of his family, requested me to assist him in writing a short letter to him to send by the Barge which I did - I then asked the cockswain of the barge if Mr. David Rue was on board the Frigate Alliance - he answered that he was - I asked him to take the letter and give it to said Rue - He took the letter and said he would deliver it accordingly -
W m Jones -
Cumberland ss. Sept. 30 th 1820 - Then the above William Jones made solemn oath to the truth of the aforesaid declaration by him subscribed
Before me,
Joseph Pope, Justice of the peace H