MILITARY: Pension; Joel P. Rice; Champion, Jefferson co., NY submitted by Shelley Morrison (sam2813 @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ny/nyfiles.htm Submitted Date: February 23, 2004 This file has been created by a form at http://www.poppet.org/nyfiles/ File size: 17.9 Kb ************************************************ Pension Claim Joel P. Rice War of 1812 Pension No. 9437 Act of Feb 14, 1871 Warof1812: 76th Regiment, New York State Militia Letter dated April 15, 1871 submitted by attorney M. Bickford, agent for Joel P. Rice, State of New York, County of Jefferson, to The Department of the Interior with the following declarations: On this 14th day of April, A.D. 1871, personally appeared before me, (Jacob Steans Jr. City Clerk of the said county, and clerk of this Jefferson County Court, a court of record within and for the county and state aforesaid, I having custody of the seal of the said court), Joel P. Rice aged 90 years old, a resident of the town of Champion, County of Jefferson and state of New York, who being duly sworn according to law, declared that he is married; that his wife's name was Elizabeth Crowner, to whom he was married at Champion, aforesaid, on the 20th day of January 1807; that he served the full period of 60 days in the military service of the United States in the War of 1812; that he is the identical Joel P. Rice who was enrolled in Captain Noadiah Hubbard's Company Detached Militia of the 76th Regiment, New York State Militia commanded by Gersham Tuttle, Lieutenant Colonel, the number of the brigade not remembered, but General Jacob Brown commanding; the number of the division he does not remember, nor who was the division commander, if any, at Champion aforesaid, in Feb. 1813, the day of the month not remembered, and was honorable discharged at Watertown after being in the military service of the United States 24 days after he was enrolled as aforesaid, in Mar. 1813, the day of the month not remembered; that he was again enrolled in Captain John McNitt's Company Detached Militia of the 76th Regiment New York Militia commanded by Lieutenant Colonel Amaniah Tucker, General Jacob Brown's brigade, the number of the brigade not remembered, at Watertown, in said county, about the first day of August 1813, the precise day not remembered; and was again honorable discharged after being the military service of the United States 30 days after the enrollment mentioned at Watertown; he believes though it may have been at Sackets Harbor, the date of the discharge not remembered; that he was again enrolled in said Captain McNitt's Company Detached Militia in October 1814, the precise day not remembered, at Watertown and served at that time in the military service of the United States 22 days, and was again honorable discharged as he believes at Sackets Harbor, though it might have been at Watertown, the day of the discharge not remembered; that when he served as aforesaid, in Feb. & Mar. 1813, he was an Ensign in the company; that when he served, as aforesaid, in Aug. 1813 and again in Oct. 1814 he was a Lieutenant of the company; that the service in Feb. & Mar. 1813 was at Sackets Harbor and it was also most of the time during the two other terms of service; that he did not receive any discharge papers at the close of either said terms of service, as it was not customary then and there to receive them; that he had received a bounty land warrant for said services for 160 acres; that the whole number of days he was in the military service of the United States, as aforesaid, is 76. That he, at no time during the late rebellion against the authority of the United States, adhered to the cause of the enemies of the government, giving them aid or comfort, or exercised the function of any office what was under authority or pretended authority in hostility in the United States; and that he will support the Constitution of the United States; that he is not in receipt of a pension under any previous acts; that he makes this declaration for the purpose of being placed on the pension roll of the United States under the provision of the act approved Feb. 14, 1871; and he hereby constitutes and appoints, with full power of substitution and revocations, Marcus Bickford of Carthage, Jefferson County, New York, his true and lawful attorney to prosecute his claim to obtain the pension certificate that may be (unreadable); that his post office is at Carthage, Jefferson County, State of New York; that his domicile or place of abode is Champion in said county and state. (His signature) Joel P. Rice (applicant) Also personally appears R.O. Woolson residing in Champion, Jefferson County, New York and Harvey Crook residing in Champion aforesaid, persons whom I certify to be respectable and (unreadable) to credit, and who bring by me duly sworn say; they were present and saw Joel P. Rice, the claimant, sign his name to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with him, that he is the identical person he represents himself to be; that at no time during the late rebellion against the authority of the United States did he adhere to the cause of the enemies of the government, giving them aid or comfort; and that they have no interest in the prosecution of this claim. Signed: R.O. Woolson and Harvey Crook. Sworn to and subscribed before me, this 14th day of April, A.D. 1871. And I hereby certify that the contracts of the above declaration were fully made known and explained to the applicant and witnesses before swearing, including the word and words "Watertown and ." And that I have no interest direct or indirect, to the prosecution of this claim. Signed J. Steans Aug. 4, 1871. Request from the Department of Interior to the Treasury Department to furnish evidence of enrollment, muster & duty of service of Joel P. Rice in N. Hubbard's Company, NY Militia Sept. 28, 1871. Report from Treasury Department. The name of Joel P. Rice is not on the rolls of Captain Samuel McNitt's Company, New York Militia. Nov. 13, 1871. Letter from attorney M. Bickford who is representing both Joel P. Rice and R. Woolson. Requests the conclusion of claim be hastened, especially for Rice "who was once well off but is now poor and dependant and besides will not live a great while. The receipt of a letter from you stating that his claim was allowed, would comfort the old man very much." Nov. 20, 1871. Request from the Department of Interior regarding land warrant 12,623-120-55 Joel P. Rice. For what service was warrant issued? Report- above warrant issued to Joel P. Rice for service in Captain McNitt's Company, New York Militia for 28 July 1814-22 Aug. 1814 Nov. 21, 1871. Request from Department of Interior to Treasury Department. Furnish evidence of enrollment, muster, service & duty of Joel P. Rice in Captain John W. McNitt's Company, New York Militia Jan. 26, 1872. Regarding land warrant. Was bounty land allowed claimant? If so, name of Captain and length of service. Report: Above Warrant issued to Joel P. Rice for his services in Captain McNitt's Company New York Militia from 28 July 1814-22 Aug. 1814. Not found on Captain Hubbard's rolls. Soldier claims a second service of 23 days commencing in Oct. 1814 in the same company under Captain McNitt's with a request that another search for service be made. Also shows that Joel P. Rice was a Lieutenant 28 July-22 Aug. 1814 Feb. 10, 1872. From Treasury Department to Department of Interior verifying that Joel P. Rice was a Lieutenant 28 July 1814-22 Aug. 1814. Feb. 16, 1872. From Department of Interior to Treasury Department. Request evidence of enrollment, muster, duty & service of Joel P. Rice in Captain Hubbard's Company. Feb. 20, 1872. From Treasury Department to Department of Interior. Joel P. Rice Ensign, served Feb. 28, 1813-Mar. 21, 1813 in Captain Noadiah Hubbard's Company, New York Militia. May 6, 1872. From Treasury Department to Department of Interior. Harvey Crook served Captain John McNitt's Company New York Militia Feb. 14, 1813-Mar. 20, 1813 and July 28, 1814- Aug. 22, 1814 total 61 days. May 7, 1872. From Treasury Department to Department of Interior. Unable to find evidence of service for Joel P. Rice Oct. Nov. 1814. Oct. 22, 1872. From the Department of Interior to attorney M. Bickford requests testimony of two comrades to service in Oct. & Nov. 1814 as alleged by claimant. Oct. 24, 1872. Reply from attorney M. Bickford to the Department of Interior: Respectfully returned, with the information that no attempts will be made to furnish the affidavit of two comrades of any service rendered by Rice in Oct. and Nov. 1814. Although the applicant made his declaration in perfect good faith I am satisfied he was forgetful and mistaken as to rendering any service in Oct. or Nov. 1814. The claimant has the idea that without the allowance of anytime in Oct. or Nov. 1814 he needs only a few days of the time required. He also says he was out in the service a great many times on alarms for a day or two or three at a time for which he made no claim in his application. Will the department deal frankly with this old gentleman, now in (unreadable) physical condition, and poor, and tell him whether he may now supplement his case by claiming for these odd days when out on alarms? Also, what part of them will be satisfactory, and how many days he now lacks. Oct. 30. 1872. From the Department of Interior to attorney M. Bickford: Joel P. Rice can supplement his declaration by the testimony of two comrades who have personal knowledge of claimants service at several periods of 2, 3 or 4 days service each time, by giving dates of enlistment and discharge, nature of service and names of Captains at each time of service. Nov. 12, 1872. Reply from attorney M. Bickford to Department of Interior with supplementary affidavits of Joel P. Rice, the applicant, Harvey Crook and James Mix dated Nov. 8, 1872: State of New York, County of Jefferson. Joel P. Rice of Champion, in said county, being duly sworn, says that he is the same person who is an applicant for a pension Claim No. 9437 as a survivor of the War of 1812. And that in addition to the service rendered by him in the military service of the United States, serving said war, as set forth in his original declaration, this deponent was out in the service at several times, on alarms, and for a short time, and each time of being called out; That during the first year of the war Noadiah Hubbard, who was Captain of the company to which deponent belonged, and John W. McNitt, who was Lieutenant of said company, volunteered and were absent from home and in the military service of the United States several months leaving this deponent, who was Ensign of the same company, in command of the said company and during the absence, as aforesaid of said Hubbard and McNitt, the said company was called out several times and deponent went into the service with said company, and as it's commanding officer, was at the time of the battle of Sackets Harbor, when deponent went to the (unreadable) at Sackets Harbor with the said company and was absent at that time and in said service at least 3 days and deponent thinks 4 days. Also several days before the battle when there was a threatened descent of the British upon Sackets Harbor, this deponent was out in said military service with the said company and was commanding officer 2 days and deponent thinks 3 days and possibly 4. Also when the said company under Captain John W. McNitt, was called out and was in said military service in Oct. and Nov. 1814, deponent was Lieutenant in the said company and went to Sackets Harbor with it and stayed with it 4 days and then returned home, having leave of absence, and leaving Lieutenant Fuller, whose Christian name deponent cannot remember, as deponents substitute. Deponent further says he knows of no members of said company who are now alive and within reach except Harvey Crook, and some members who volunteered and were in the service with said Hubbard and McNitt as aforesaid. (His signature) Joel P. Rice State of New York, Jefferson County. Harvey Crook of Champion in said county, being duly sworn, says that during the War of 1812, this deponent was a member of the military company of said town of Champion, of which Noadiah Hubbard said Captain, John W. McNitt Lieutenant and Joel P. Rice then Ensign. That the month the said Captain and Lieutenant volunteered and were absent from home and in the military service of the United States for several months and during their absence the said company was commanded by said Joel P. Rice, who was ensign thereof. That during said absence of said Hubbard & McNitt, the said company was called out several times, on alarms, for a few days only at a time, and when called out said Joel P. Rice went into the military service with said company as the commanding officer; one time was the battle of Sackets Harbor when the said company was absent 4 days, and deponent knows that said Rice was with the said company, in said service, at that time for the said 4 days. Also a short time previous to said battle the said company was out several days, as many as 5 or 6 days, according to deponent's recollection, and said Rice was with said company, as its commanding officer during the whole time it was there in service. Deponent was also in the military service as a member of said company when called out Oct. and Nov. 1814, John W. McNitt being the Captain, and the said Joel P. Rice was then its Lieutenant; said Rice was to Sackets Harbor with said company at that time and acted as its Lieutenant, to deponents certain knowledge; but how many days said Rice stayed with the company at that time deponent does not recollect, but it was 4 days at least. Deponent says he knows of no comrades in said company now living and within reach except himself and said Rice and some who volunteered and were absent with said Hubbard and McNitt as aforesaid. (His signature) Harvey Crook State of New York, Jefferson County. James Mix of Champion, in said county, being duly sworn, says he is 75 years of age; That he resided in Champion during the War of 1812, and in the immediate neighborhood of Joel P. Rice, who was then one of the chief officers of the military company of which Noadiah Hubbard was Captain; That deponent remembers that said Joel P. Rice was absent from home with said company at the time of the battle of Sackets Harbor and was absent at least 3 days and deponent thinks 4; That deponent on his return saw him dressed in military clothing; and knew of his going away. Also deponent (unreadable) that before said battle, (unreadable) several days, perhaps a week or two before said battle, it was said the British (big blob of ink unreadable) an attack upon said Sackets Harbor, and the said company was then called out and went to the Harbor, as deponent was then informed and he knows they were then absent 4 or 5 days at least. Said Joel P. Rice going with them, as one of the chief officers. Deponent also says that he knows that said Joel P. Rice was absent in the military service of the United States several other times during the war but is unable to specify any further as to the time or date. (His signature) James Mix Nov. 16, 1872. From Department of Interior to 3rd Auditor Treasury Department: Requests that the records of his office be re-examined in connection with the enclosed affidavits and an amended report of the Soldier's service in the War of 1812 be furnished. Dec. 18, 1872. From Treasury Department 3rd Auditor's Office. Report shows Joel P. Rice's military service as follows: Captain Noadiah Hubbard Company New York Militia Ensign Feb. 25, 1813- Mar. 21, 1813 Captain John W. McNitt Company New York Militia Lieutenant July 28, 1814-Aug. 22, 1814. Total = 48 days. Dec. 23, 1872. Pension declaration rejected for insufficient service. Pension would have been $8 per month. There was a copy of a final letter enclosed. Date, recipient and author unknown. Sir- In reply to the letter of M. Bickford dated Carthage, New York, Nov. 26, 1872 relative to the claim of Joel P. Rice No. 9437 for survivors pension under Act of Feb. 14, 1871, referred by you to this office, I have the honor to inform you that said claim was rejected Dec. 23, 1872, by reason of insufficient service proven by the records. The 3rd Auditor of the Treasury reports that Joel P. Rice served as Ensign in Captain Noadiah Hubbard's Company New York Militia from Feb. 28-Mar. 21 1813 and as Lieutenant in Captain John W. McNitt's Company from July 28-Aug. 22, 1814 = making a service of but 48 days. His name is not found on the rolls of the last named company for Oct. and Nov. 1814.His attorney was then informed that if satisfactory evidence of additional service of a few days at a time, as alleged by Mr. Rice, could be furnished, it would be considered. The testimony of Harvey Crook, who was a member of the same company, was furnished in which it is stated that Mr. Rice served at different times for a few days at each time, in addition to his service, proven by the records. The testimony of James Mix was also furnished but as he was not in the service his testimony cannot be accepted. As the testimony of Harvey Crook is very indefinite, no dates of service and no positive period of service being indicated, and as his testimony is not corroborated by that of other competent witnesses, the claim must stand rejected until satisfactory evidence of such additional service be furnished.