Revolutionary War Pension and Bounty Land Warrant Application File S. 7586, for Obadiah Spears, South Carolina
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(3-1776)

SERVICE                                              NUMBER

S. C.            Spears, Obadiah             S. 7586

                                                        carded
________________________________________________
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                     South Carolina No. 23 906
__________________________________________________
                           Obadiah Spears

of Sumter Dis. in the State of S. Carolina who was a Private in the __________commanded by Captain ____________ of the Regt. commanded by Col. Singleton in the S. Carolina Troops line for 19 months, 416 days

_______________________________________________
Inscribed on the Roll of South Caorlina at the rate of 65 Dollars 11 Cents per annum, to commence on the 4th day of March, 1834.
_________________________________________________
Arrears to the 4th of March 1834      195.33
Semi-anl. allowance ending                 32.55
 4 Sept 1834                                         _______
                                                           $227.88
                                  (Revolutionary Claim,)
                                  (Act June 7, 1832.      )

Recorded by D. Brown Clerk,
Book E. Vol. 6 Page 80
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Obadiah Spears 

21303

(remainder illegible)
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Declaration to obtain the benefit of the Act of Congress passed June 7th 1832.

The State of South Carolina)
Sumter District                    )
County Of Claremont          )

On this thirteenth day of October 1832 Personally appeared in open court before B. J. Earle in the Court of Commonpleas now sitting, Obadiah Spears a resident of the county, district and state aforesaid, aged near seventy 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.
I was born in what we called then Craven (now Claremont) County in the State of South Carolina, in the year of our Lord one thousand seven hundred and fifty four, as will appear from the record in the Family Bible note at my sister Mrs. Hampton in this neighbour.  
I was living in the same county and state when called into the service of my country in the Revolutionary War and have resided ever since, and still reside in the same county and state.  On or about the first of February in the year of our Lord one thousand seven hundred and seventy nine, I entered as a volunteer in the service of the United States, under command of Col. Mathew Singleton, John Singleton being capatin of the company to which I belonged.
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   The regiment marched from Craven County to Augusta, and encamped there three months under the command of Genl Williamson.  A party of about sixty men of which I was one, under the command of one Captain Johnson, made an excursion into Georgia and had a skirmish with the British and Tories on Briar Creek about the last of March or first of April.  At the expiration of three months we returned and I remained at home until June seventeen hundred and eighty.
   About that time as a volunteer, I joined Genl. Marion near Murray's Ferry on the south side of the (illegible). 
   I remained with Marion, engaged in many skirmishes until Genl. Green encamped on the High Mill of Sumter in this District in the summer of seventeen hundred and eighty-one.  (illegible) out however to the encampment of Genl Green at that place.  I was under Marion at the taking of Fort Motte.  We were assisted by a troop of force under Col. Lee.  Some time afterwards we beseiged and took Fort Watson in this District.  The officers were Marion, assisted by Maj (illegible) with his corps of cavalry.  This fort was taken on the eleventh or twelfth of May seventeen hundred and eighty one.  After this I was selected with five others to ride (illegible) for Genl Greene.  I rode once to Charlotte to deposit at that time of the stores for Greene's army.  Twice I went to Marion.  May fourth trip was to Col Rutherford, at Cole's Bridge on Drowning Creek between Peedee (?) and Fayetteville.  On my return to Greene, I was immediately dispatched to Rutherford's camp about twenty miles from Wilmington at that
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time . On my return , I was taken prisoner by the tories almost thirty miles below Fayetteville on the Cape Fear River . I was condemned to death - but affected my  escape during the night before the execution - and after enduring the most severe suffer.. ( missing ) from hunger , fatigue, and nakedness - I reached the army of Green in  safety  - This was about the month of July or August . After this period I joined  Genl . Marion once more - the first engagement  in which I took part was the battle of Quinby - Genl Sumter had command of the day  - Col. Lee with cavalry  was there - Marion's forces were marched from this place to Georgetown -a at least  there was no action of consequence between the battle of Quinby  and the siege of Georgetown - The British evacuated the town  shortly after the commencement of the siege - and Marion took possession. The troops of Marion were then marched from Georgetown  to a place called Catfish between the Big and Little Pedee  rivers - Genl Marion there issued a proclamation for the tories to come in and take pardon. Many of them took the benefit of the proclamation. This was the last of eighty one or the beginning of eighty two as well as deponent recollects. At this time I was  seized with a fever , and returning home  - I did not recover until the country no longer required my services. I do hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the pension roll of the agency of any State whatever.
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Sworn to and  subscribed the day and year aforesaid. Obediah Spears ( signed )  B J Earle ( signed ) Judge of the Court of Common Pleas & Sessions  in open  Court at Sumter Court House.  I William Vaughan a revolutionary soldier  residing in Claremont County   Sumter District  and State aforesaid do hereby certify that  I joined General Marion at the same time with the  above deponent we were frequently in the same  mess . We served through the whole of the war . I have no very distinct recollection  of the  services of thin detail of the above deponent but know him to have served throughout  the war from his entrance into  Marion's camp  in seventeen hundred and eighty . To the best of my recollection no officers was at the siege of Georgetown. Sworn and subscribed the year  of our Lord  one thousand eight hundred and  thirty two.  Wm Vaughan ( signed ) B J Earle ( signed ) residing Judge  as aforesaid in open Court.  [ South Carolina Sumter District ] The  Rev'd Thos D. Glenn appears and makes oath that he is personally acquainted with the deponent Obediah Spears that he is a man of respectability and credit that he is  generally  believed too have been in the service of his country during the revolutionary war. Thos. D. Glenn ( signed ) B J Earle ( signed ) presiding Judge in open Court
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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 avove named applicant  was a revolutionary soldier and served as he states.  Ant the Court further certifies that  it appears to them that Wm. Vaughan  who has signed the proceeding certificate is a Revolutionary soldier  and that Thos. D. Glenn who also signed is a clergyman both of them residing in Sumter District, that they are credible persons and their statements entitled to full credit. B J Earle ( signed ) presiding Judge in open Court.  I Thos. J. Wilder clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Obediah Spears for a pension. In testimony whereof I have hereunto set my hand and seal of office this 30th day of October  1832. Th. J. Wilder ( signed ) CCPs
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Amendments to the declaration of Obediah Spears  made to obtain the benefit of the Act of Congress passed  June 7th  1832. The above Obediah Spears being first duly sworn maketh the following answers to the interrogatories directed by the war department  to be proposed to applicants for a pension. Interrogatory 1st. Where and in what year were you  born ? Answer 1. I was born in Craven County in the State of South Carolina in the year of our Lord one thousand seven hundred and fifty four. Interrogatory 2nd. Have you any record of your age and if so where is it ? Answer 2. My age is recorded in the family Bible  which Bible is now at my sister's  Amy Hampton's  in the neighborhood of Sumterville. Interrogatory 3rd. Where were you living when called into the service , where have you lived since the Revolutionary War, and where do you now live ?  Answer 3rd. I lived in Craven County when called into the service, I have lived in the same Count and State since the  Revolutionary  war,  and I now live in the same County and State  - the name of the County has been changed into that of Claremont.
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Interrogatory 4th . How were you called into service : were you drafted , did you volunteer, or were you a substitute, and if a substitute for whom ? Answer 4th . I was always a volunteer  and neve drafted, nor even went into service as a substitute for any person whatever. Interrogatory 5th . State the names of the regular offices who were with the troops  where you served such continental and militia regiments as you can recollect and the general circumstances of your services. Answer 5th . In answer to this interrogatory  I add but little to what is contained in my former declaration . In about the first of  Feby one thousand seven hundred and seventy nine  I volunteered under the command of Col. Matthew Singleton, John Singleton being the Captain of the company of which  I  was a member. We marched from Craven County  to  Augusta and were dismissed after a tour of three months.   About the last of June or first of July in the year of our Lord one thousand seven hundred and eighty . I volunteered under General Marion who was then near Murray's ferry  on the Santee. I was engaged in continual marches & skirmishes  in order to partisan warfare. The soldiers under Marion though not properly cavalry  were always  mounted from the great lapse of time and the defects of memory in my former declaration  I stated that I was present at the  taking of Fort Watson in this District in May one thousand  seven hundred and eighty one, but I was mistaken  - Fort Watson was taken before that time ,and  Fort Nortte (?) surrendered  in May . I was present at the siege of  both forts  & Col. Lee commanded the cavalry . The siege of both places - I was in a regiment  that  time under  the command of Col. Richard Richardson - my Captain is
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was named Malone. From the first of July seventeen hundred and eighty until the sixteenth of July one thousand seven hundred and eighty one   I remained under the immediate command of Marion. By order of Genl Marion I then joined Genl Greene and rode express until probably  about the last of August. I the joined Genl Marion , was out engaged in the Battle of Eutaw. I  stood guard  however over the magazine wagon about a mile  from the battle ground. I was in the battle of Quinby  where Genl Sumter  commanded Marion  & Lee  were there also  according to my recollection at the battle of Quinby  bridge  was after the  Battleof Eutaw but by consulting a history of the Revolution  I  find myself mistaken . I have  scarcely  ever refreshed my memory  of the Revolutionary incidents by consulting books - so that  through recollecting important events I cannot remember anything very distinct about their dates. I remained with Marion until about the first of Jany one thousand seven hundred and  eighty two making the whole of  my military services  one year and nine months. In Jany  one thousand seven hundred and eight two I was seized with a fever and did not recover until my service was no longer required. Interrogatory 6th . Did you ever receive a discharge from the service and if so by whom was it given  and what has become of it ?  Answer 6th . I never received a written discharge from the service - I never heard of such  a thing  as a written discharge - or do I remember  of anyone  of Marion's men  receiving a written discharge. Interrogatory 7th . Note 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 our service as a soldier of the revolution .
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Answer 7th. William Vaughan, John China, Reddin McCoy ,  with whom I was acquainted in the revolution. Noell Vaughan  Joseph B White, Robert  Bradford etc.,  The Rev'd Thomas D. Glenn  who deposed to the testimony evidence of my revolutionary services is since dead. [ South Carolina Sumter District ] Obadiah Spears being duly sworn  maketh oath that the above answers to the  interrogatories  are true to the best of his recollection old age  and loss of memory preventing  him from being absolutely certain as to the precise length of the period of his service. Obadiah Spears ( signed )  Sworn to  before me  this March 7th  1834.  John  Hemphill ( signed )  N.P. & QU Ex- off. [ South Carolina Sumter District [ I Thomas J. Wilder clerk of the Court of Sessions & Common Pleas for the District and State aforesaid  do hereby certify that John  Hemphill before whom the foregoing deposition was taken is  Notary Public & Justice of the Quorum  ex- officio  and the above signature purporting to be his is genuine. Given under my hand  & seal this 13 March  1834. Th.  J. Wilder ( signed ) C.C.Ps
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Obadiah Spears
S Ca
No 21303Admit as a private
19 mo 16 day

$65.11
e.k.m
not auth

John Hemphill
Sumterville
S.C.

[below has a line across it] 
Thos Wilder.
Clk. Court C.P.
Sumter Dist
Cleremont Co
S.C.
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WAR DEPARTMENT
Pension Office

Apl 18. 1833.
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 show 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, showing the service of  Obadiah Spears

Period when the     Duration of the         Rank of     Names and rank -   Name and Rank       Battles        Country        Abode                 Evidence
service was             claimant's service       the         of the company        of thr General.          engaged     Marched        Entered
rendered.                 Year Months Days   Claimant     officers under         Field officers                                                            Pres age
Feby                                          3                     pri.               Capt J.                       Col M.                                               Craven Co     Craven Co   TRaditionary
Vol                                                                                           Singletary.                Singletary                                        to Augusta        SC               witnesses
"                                      1                     11                              Capt  John-              Genl  Will-              Fort               [illegible].            near 78
                                                     11.                                        son.                              iamson                   Moultrie
                                         1             7      16                                                                genl Marion           Fort Quinby

 I  respectfully
Your obedient servant
J.L. Edwards
Commissioner of Pensions
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                                                                                                2

                                                      REGULATIONS UNDER THE ACT OF JUNE 7,1832.
The following regulations have been adopted:
This law has been constructed to extent, 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 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, etc., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefit 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 the 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 applicants reside. And every Court having by law a seal and Clerk is considered a Court of Record.

                                                                   DECLARATION
In order to obtain the benefits of the Act of Congress of the 7th of June, 1832.
                                            State Territory, or District of
                                             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 offices:

(Here set forth the names and ranks of the Field and Company Officers; the time he left the service ; (and if he server under more than one term of enlistment, he must specify the particlar 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 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 name 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 the 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 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. 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 Court of do hereby certify that the foregoing contains the orginal proceedings of the said Court, in the matter of the application of for pension.

 In testimony whereof, I 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 orginal 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 hid personal knowledge of the service oh the applicant, and such circumstance connected therewith as may have a tendency to throw lightupon 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 material facts, which can be used in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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                                                                                                3
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, it 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 ol 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 Reginents 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 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 certity to the character and standing of other persons giving such certificates.

The traditionary evidence of service is deened 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 inquiry whether the belief is general or 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 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 ofice, 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 genine signature.

No payments can be made upon 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 of the war when he served.
(e) Every continental officer or soldiers 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 depots and saith, that by reason of ld age, and the consequent loss of memory, he cannot swear positive as to the precise length of his service; but according to the best of his recollection, he served not less than the period mentioned below, and in the following grades: ---For____year_____month____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 service. The use of the phrase about three or four months, is too indefinite and all such qualifying expressions are objectionable. ome persons who apply for pensions mere state they served two years in the militia, &c. without specifying the tours, the names of officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must begin every case, be clearly shown under what officer the applicant severed; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corp 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 n 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 fix 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 certified officer, should accompany the papers.

                                                      Mode of authenticating papers.

In every instance where the certifing officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certiicate 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 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 verify 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.
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 is
note (j) applies to continental troops only.
(k)This traditionury evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Page 17

Rev War

7386
INVALID

Obadiah Spears.
Pri   Rev   War

Act: June 1st 32

Index:_ Vol. [illegible],Page 353

[Arrangement of 1870]
Page 18

Stamp
SUMTERVILLE
S.C.
MAR
15

[Horizonal]
South Carolina 
Returned
22nd [illegible]

[Vertical]
Pension Of
Hon H.
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Sumterville March 15th 1834  Sir,  I send you in the enclosed papers  such amendments have been made as were supposed to be directed by the department , you will please to come know the decision of the Department  as such as may suit your convenience. Your obt servt, John Hemphill ( signed )  Hon Lewis Cass Secry of War