Revolutionary War Pension and Bounty Land Warrant Application File S. 3960, for William Spencer, North Carolina
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(3-1776)
SERVICE  N.C.
Spencer, William
NUMBER  S.3960

carded
_______________________________________________
CONTENTS 
[blank]
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No. 19.422
William Spencer
Hyde County 
North Carolina


admit as a private
for 9 mo[nths] $30 ==






Z. W. Barrow Esq[uire]
Washington No[rth] C[arolina].
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BRIEF in the case of William Spencer  County of   Hyde in the State of North Carolina
(Act 7th June, 1832.)

1. Was the declaration made before a Court of a Judge?   Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [blank]

3. How old is he?  79 years

4. State his service, as directed in the form annexed.

_________________
[table with the following headers: Period. (In.) | Duration of Service (Years, Months, Days,) | Rank (As a) | Names of General and Field Officers under whom he served (Gen.) | ]
______________________

draft in 17 [blank] | - 9 - | private | Genl. Leninton [,] Capt Gayland [,] Aujd. Mason




5. In what battles was he engaged?  None

6. Where did he reside when he entered the service?  Hyde County NC

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  by living Witness.

8. Are the papers defective as to form or authentication? and if so, in what respect?  Correct - 

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.


M Clagett  Examining Clerk.
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12.443
North Carolina 
_____________________________________________
William Spencer
of Hyde - in the State of N. Car who was a pr[ivate] in the comp[an]y commanded by Captain Gayland of the [blank] commanded by [blank] in the N Car line for 9 months

______________________________________________
Inscribed on the Roll of N. Carolina at the rate of 30 Dollars -- Cents per annum, to commence on the 4th day of March, 1831.
_______________________________________________
Certificate of Pension issued the 30 - day of Apl. 33 and Sent to Z. W. Barrow. Washington N. Car
________________________________________________
Arrears to the4th of March 1833    60
Semi-anl. allowance ending 4 Sept -    15
___________
$75 --
___________

{ Revolutionary Claim, Act June 7, 1832. }

Recorded by Nathaniel Rice Clerk,
Book E        Vol. 6        Page 55






[right side]

Date of death not on AB
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State of North Carolina
Hyde County
Ss.
on this the 8th day of November 1832 personally appeared in open Court before the honorable DJ [?] Daniel one of the Judges of the Superior Court of Law and Equity in and for the State aforesaid now setting for the County of Hyde, William Spenser, a resident of Mattamuskeet in the County of Hyde and state aforesaid aged seventy nine years, who being first 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.
That he entered the service of the United States under the following named officers and served as herein stated
He was was drafted as a militia man in the state troops of North Carolina for the space of nine months in the fall season of the year - the year not recollected about nineteen months before the end of the war - and entered the service soon after his draft under the command of Captain Henry Gaylord and Adjutant Caleb Mason, both of the County of Hyde and State of North Carolina, under which named officers he together with George Williams and fourteen others marched through the counties of Beaufort, Pitt and Edgecombe, whence they continued their march to the County of Cumberland to a place called at that time Cross Creek now known as Fayetteville, where he joined the tenth regiment of North Carolina militia, containing about 500 men
under the command of Gen Lincutor or Lincoln, (the correct name not remembered at this time), Major Davis and Col Brown - Here he remained about one month after which he was marched to a place called
the "Pine Tree" near the separation line between N. and South Carolina where they were encamped a short time. Thence he
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was marched up the Pee Dee River, as a check upon the rear of the English and Tories, who were two or 3 days in advance of us [.] We continued our march, until we came in sight of the Blue Ridge mountains - here we were encamped, a short time. The English and Tories marched North towards Virginia and were
pursued by us to the Virginia line, and on our arrival at the line, some of the officers and men refusing to cross it because the time for which they were drafted had expired, they were marched back to the town of Kingston [,] Lenoir County and State of N. Carolina where he received his discharge from the regiment, which discharge he has lost. After his discharge, in company of George Williams, whose certificate is hereunto annexed and in company with fourteen others whose term of service had expired at the same time with us, he returned to his home in the County of Hyde and state of North Carolina, where he now resides - has ever since resided and where he resided at the time he was drafted. He was engaged in no battle during the time of his service, and hath no documentary evidence of his service and knows of no person, whose evidence he can procure to substantiate his claim except that of George Williams, who was drafted and served with him, and returned with him after their discharge. He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares his name is not on the pension Roll of the agency of any state

Sworn to and subscribed, the day and year aforesaid.
William [his mark X] Spencer


I George Williams, residing in the county of Hyde hereby certify that I am well acquainted with William Spenser [sic: Spencer], who has subscribed and sworn to the above declaration and I do personally know that the facts above stated by him in relation to his draft and his entering the service - his marching under the above named officers and his
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remaining in service under their command, during the time and at the places above mentioned are true. I begun [sic: began], continued and ended the service with him.

Sworn to and subscribed before me the day and year aforesaid.
[crossed out: William Spencer]
George [his mark X] Williams 


The said William Spencer being personally examined before me the said Judge on oath, deposed and said in answer to the following interrogatories; to wit.

Question 1st. Where and in what year were you born?
Answer - In the County of Hyde & in the year 1753 -
Question 2nd. Have you any record of your age?
Answer - No. -
Question 3rd. - Where were you living when called into service, where have you lived since the Revolutionary War, and where do you now reside? -
Answer - In the County of Hyde in the state of North Carolina ~
Question 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 - He was drafted -
Question - 5 - State the name 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 service?
Answer - He only recollects the names of General Linenton or Lincoln, Colonel Brown, Major Dennis, Adjutant Mason and Captain Gaylord - He served in the tenth Regiment of North Carolina Militia, and for the general details of the circumstances of his service, he refers to his affidavit above -
Question 6th. - Did you ever receive a discharge from the service. if so by whom was it given, & what has become of it?
Answer - He did receive a discharge from the service, but by whom
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by whom given, or what has become of it, does not know 
Question 7th - State the names of Persons to whom you are known in your present neighbourhood, who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution.
Answer - He refers to Henry W Gibbs clerk and master in Equity for Hyde County, Riley Murray, Henry S. Spenser high Sheriff of the County of Hyde and George Williams, a Revolutionary Soldier who served with him -
William [his mark X] Spencer


We Henry W. Gibbs and Henry S. Spencer both residing in the County of Hyde, hereby certify that we are well acquainted with William Spencer, who has subscribed & sworn to the above declaration, tat we believe him to be Seventy nine years of age, - that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion -

Sworn to & subscribed the day & year aforesaid.
S/HW Gibbs
S/H. S. Spencer


And I, the said J. J. Daniel, Judge of the Superior Court of Law and Equity as aforesaid, do hereby declare my 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, & served as he states; and I further certify that it appears to be that Henry W. Gibbs and Henry S. Spencer who have signed the preceding certificate are residents in the County of Hyde, and are credible persons, and that their statement is entitled to credit - 


I Talbot H. Selby Clerk of the Superior Court of Law & Equity for the County of Hyde, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of William Spencer for a Pension.

In testimony whereof, I have hereunto set my hand & seal of office, This the 8th day of November A.D. 1832.
S/T. H. Selby
Clerk of the Superior Court of Law
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December 17, 1936

XXXXXXXXXXXXXXXX

BA-J/MMHF/eel   Om
William Spencer - S.3960

Mrs. Bryan D. Werner
2218 West Main
Houston, Texas

Dear Madam:

Reference is made to your letter in which you request the record of William Spencer, a soldier of the Revolutionary War, and a pensioner on the North Carolina roll.

The data which follow are obtained from the papers on file in Revolutionary War pension claim, S. 3960, based upon the military service in that war of William Spencer.

William Spencer was born in 1753, in Hyde County, North Carolina. The names of his parents are not shown.

While a resident of Hyde County, North Carolina, William Spencer enlisted in the fall, about nineteen months before the close of the Revolution, and served nine months as a private in Captain Jerry Gaylord's Company, Colonel Brown's North Carolina Regiment.

He was allowed pension on his application executed November 8, 1832, while a resident of Mattamuskeet, Hyde County, North Carolina.

There are no data as to soldier's family.

In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, William Spencer, S.3960, you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:

William Spencer, Certificate No. 12443, issued April 30, 1833, rate $30 per annum, commenced March 4, 1831, Act of June 7, 1832, North Carolina Agency.

Very truly yours

A. D. HILLER
Executive Assistant to the Administrator.
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Rev. & 1812 Wars Section              MMHF

January 5, 1927

Mrs. William Newsom
729 Jefferson St.,
Tupelo, Miss.

Madam:
I have to advise you that from the papers i the Revolutionary War pension claim S.3960 it appears that William Spencer was born in 1753 in Hyde County, North Carolina.

While a resident of Hyde County, North Carolina he enlisted in the fall, about nineteen months before close of Revolution, and served nine months as a private in Captain Jerry Gaylord's Company, Colonel Brown's North Carolina Regiment.

He was allowed pension on his application executed November 8, 1832 while a resident of Mattamuskeet, Hyde County, North Carolina.

There is no data on file as to his family.

The Revolutionary War records of this Bureau fail to afford any information in regard to a William Spencer of Tennessee.

Respectfully,

WINFIELD SCOTT
Commissioner.
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[left side]

1927 - Jam, 5 - Hist[ory]. to Mrs. HM Newsom Her letter incl[osed]. of Benj. Spencer, W.6158 - MMHF
__________________________________________________
1936 - Dec 17 - Hist[ory] to Mrs B D Werner [illegible] of for MMF.
___________________________________________________


[right side]

√ Rev War
3960
INVALID.
___________
File No. 3960
William Spencer
Pri[vate] Rev[olutionary] War
____________
Act: June 7. 1832
Index: - Vol. A,      Page 353

[intentional brackets as printed]
[Arrangement of 1870.]
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[round postal stamp: arrow pointing to 1:30
RECEIVED [illegible] 1936
MAIL SUB-DIV.
VETS. ADM. READER #36]

2218 West Main
Houston, Texas
December 5, 1936.

Pension Department,
Veteran's Administration
Washington, D. C. 

Gentlemen:
William Spencer was a private in the Revolutionary War. He is on the N. Carolina pension roll. page 85. Will you please send me the desired information which verifies this! Would like as much in-
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formation [information] as possible, particularly ^the names of his wife and children.

Very truly yours,
(Mrs) Bryan D. Werner



[round postal stamp: arrow pointing to 1:30
RECEIVED DEC [illegible] 1936
MAIL SUB-DIV.
VETS. ADM. READER #36]
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of William Spenser [sic: Spencer] - which require further proof or explanation.

I. Does the declaration show where the applicant resides:  yes

II. Did the declarant make the declaration in the county where he resides:  yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? - 

IV. Has the declarant mentioned the period or periods of the war when he served?  yes

V. Has he mentioned 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?  yes

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?  yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?  yes

VIII. Has the Court given their opinion?  yes

IX. Has the Clerk given his certificate?  yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?  yes
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2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  2 Citizens

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  No

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? 1 Witness

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses?  No the court has not
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? [crossed out: No]

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  yes

XVI. Are the papers authenticated as the regulations direct?  yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them is not so answered?  unanswered

_________________________________

EXPLANATORY NOTES.
QUERE V. 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."
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3

It is important in all cases to determine with precision the period for which the 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 [italics] about three or four months [end italics] is too indefinite, and all such qualifying expressions are objectionable.

QUERE XIV. Proof of Service.

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 claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which be 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.

QUERE XVI. Mode of authenticating papers.

In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

👉In every case where the clerk of the court, or other certifying officer, 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.