Revolutionary War Pension and Bounty Land Warrant Application File S. 9484, for James Spann, North Carolina
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(3-1776)
SERVICE
Continental (NC)
S.C.

Spann, James
NUMBER
S.9484
carded

CONTENTS
[blank]
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7093
South Carolina
James Spann
of Sumpter Dist. in the State of S. Carolina who was a private in the Company commanded by Captain Jones. of the Reg't. commanded by Col. Bland in the No. Ca. ma:
for 2 years from 1776
Should be $100.--
Dead
Inscribed on the Roll of South Carolina at the rate of 80 Dollars 00 Cents per annum to commence on the 4th day of March 1831.
Certificate of Pension issued the 1 day of March 1833 and sent to H. Step: D. Miller Senate
Arrears to 4th of March 1833 $160.00
Semi-anl. allowance ending 4 Sept. 1833 40.00=
$200.00
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by W. L. Williams Clerk
Book E Vol. 6  Page 80
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Let. Pensioner - Aug. 13 1835
Let. Agent May 2 ' 36
Let. R. G. Yale May 2 '36
Let to Hon. J. A. Woodward 13th March 1844
Let to Geo. Mackay Sept. 23/51
Let. Geo Mackey April 20/52
3rd Auditor
April 19/52
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7.093
South Carolina
James Spann dec'd
of    in the State of    who was a Pri. of Cav'y. commanded by Captain    of the     commanded by      in the     line  Revolution
Inscribed on the Roll of Charleston at the rate of 100 Dollars - Cents per annum, to commence on the 4th day of March, 1831. Ending 29 Jan'y 1833
Certificate of Pension issued the 4 day of Feb. 1853 and sent to - 
R. S. Burgess Present
Arrears to the 4th of 
Semi-annual allowance ending Increased from $80.--
{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by R. McRae  Clerk
Book E. Vol. 6 Page 84.
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To what time has the pension of James Spann, who was a pensioner on the South Carolina Roll, under the Act of June 7,1832, at the rate of $80 per annum been paid?
N.B.R
Died 29th June. 1833
pd. to his death NSB

Pension Office
Apr. 19. 1852
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James Spann
S.C.
from 1776 private 2 years $80
look on Va. Roll
on Roll

Hon'l. S. D.  Miller Senate
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BRIEF in the case of James Sparm Sen'r [Spann Sr.], District of Sumpter in the State of  South Carolina (Act 7th June 1832.)
1.Was the declaration made before a Court or a Judge? Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 74
4. State his service as directed in the form annexed.

[Headings]
Period. | Duration of Service. | Rank. | Names of General and Field Officers under whom he served.

Enlisted in 1776 | 2yrs 6 mos. | Private of Cavalry | Gen. Lee, Capt. Jas Jones  Col. Bland
Vol. 1779 | 4 mos. | Private Infantry | Gen. Williamson

5. In what battles was she engaged?  Germantown, Moultrie SC
6. Where did he reside when he entered the service? Halifax NC
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? traditionary
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.
Chs. C Forrest [Signature]
Examining Clerk.
Page 8

State of South Carolina}
Sumter District} SS.
On this    day of July 1832 personally appeared in open court, before the court of       now sitting. James Spann Sr. a resident of the district and State aforesaid, aged Seventy four 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 7, 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That he enlisted in the army of the United States in the year of 1776 under  Capt. James Jones and served under him and his Lieut. Casimore [Cosimo] Medici, who succeeded Capt. Jones in the command of the company after he (Jones) resigned. That the said company together with two other companies were raised in North Carolina as a corps of Cavalry to serve the term of two and one half years. Sometime after his entrance into the service he was placed under the command of General Lee at the battle of Fort Moultrie in Charleston (S.C.) In the latter part of the year 1776, he was ordered from the south to Philadelphia, at which place he was stationed until it was taken by the British He marched from that place and cooperated with the main army at Germantown, and was engaged in the ever memorable battle fought at that place. After that battle he was ordered to Little York (Pa), thence to Carlisle, (Pa.) From that place he was ordered to Carolina to convoy a number of horses, to Col. Bland, then at Quaker Hill Meeting House beyond North River. From this time he continued under
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Col. Bland until he had served out two and one half years, the term he enlisted. He was  dismissed and received his discharge from Col. Bland: at Quaker Hill Meeting House, and returned home on foot (S.C.) In 1779 he volunteered in the militia and served four months in a Campaign on an expedition to Augusta under the command of General Williamson. In all of the service performed by him in the Revolution, it amounted to two years and ten months.
He further states, that he was born in Northampton County, N. Carolina, and it was in Halifax of the same state where he enlisted. He hereby relinquishes every claim whatever to to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and Subscribed the day and year aforesaid. [Signature] James Spann X his mark
B. J. Earle presiding Judge
in open Court of Common Pleas & sessions at Sumter CH

We Philip P.  Bowen a clergyman, residing in the district and State aforesaid, and Reuben Long residing in the same district ad state hereby certify that we are well acquainted with James Spann Sen'r. who has subscribed and sworn to the above declaration; that we believe him to be seventy four 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 sand subscribed, the day and year aforesaid.
[Signatures] John Ballard J. P. 
P. P. Bowen
Reuben Long
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South Carolina}
Sumter District} I Thomas J. Wilder Clerk of the Court of Common Pleas, do hereby certify, that the foregoing contains the original Proceeding of the said Court in the matter of the application of James Spann for a pension and that John Ballard is an acting Magistrate, and that the Signature purporting to be his is genuine - In Testimony whereof i have hereunto set me hand and seal of the Said Court this 31st October 1832 -
[Signature] Th. J. Wilder, C.C.P.S.

Hon. T. J. Miller
U.S. Senate
14 Dec. 1832
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State of S. Carolina}
Sumter District} Personally appeared before me John Ballard, one of the Justices assigned to keep the peace in and for the District and Charles Spann Sr. and Richard Spann, who being duly sworn sayeth that they are the brothers of the within named James Spann Snr. who has subscribed and worn to the within declaration, and that these deponents believe his the said James Spann Snr. declaration to be correct.
[Signatures] Chs. Spann Snr.
Richard Spann X his mark
Sworn to before me this 18th Sept. 1832 -
[Signature] John Ballad J. P.
and the said Court do hereby declare their opinion after the investigation of the matter that the above named applicant was a revolutionary soldier and served as he states; And the Curt further certifies that it appears to them that Philip P. Bowan is a clergyman and Rueben Long, Charles Spann &Richard Spann who have signed the foregoing certificates are respectable & credible persons resident in the said District of Sumter, and that John Ballard who took & attaches the said certificates is an acting & qualified Justice of the peace of the said district.
[Signature] B j. Earle presiding Judge in Open Court
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Rev & 1812 Wars
Section.   aw

February 26, 1927.

Mrs. R. E. V. Yates
Box 116
Macon, Miss.

Madam:

I have to advise you, that from the papers in the pension claim, W. 9480, it appears that James Spann was born in Northampton County, North Carolina, date not stated and enlisted at Halifax, North Carolina, in 1776, for two and a half years, served as a private in Captains James Jones and Cosmo de Molici's [Cosimo de Medici's] Corps of North Carolina Cavalry. He was engaged at the battles of Fort Moultrie and Germantown, after which he was sent south with horses for Colonel Bland and served under him, until his time expired.
He volunteered in 1779 and served four months in the militia, under General Williamson, in an expedition to Augusta, Georgia. He married Annie or Anna Jennings, date not stated. He was allowed pension on his application executed October 31, 1832, while living in Sumter District, South Carolina, he was 
seventy-four years. He died January 29, 1833. She died June 26, 1838, leaving the following children:
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Rev
Sec.

William T., Tyre, or Tiry J., Anna, or Annie wife
of Robert E. Yates, Lawrence M., Timothy, Maria wife of George H. Cathcart, Mary, James S., Harriet G. wife of Walker Watson (their children were Mildred, Sarah, James and Albina) and Charles G. (whose children were James,
Samuel Regina and Lawrence).

Respectfully,
WINFIELD SCOTT,
Commissioner.
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Commissioner of Pensions
Washington D. C.

Jan 25/57
Addl. papers in case of James Spann dec'd.
S.C. adm 7093  Geo Mackay  Washington
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James Sparrow [Spann], dec
N.C.
Act 7 June 1832
Adm. 2 yrs pri of Cavy 
Increased to $100 per annum, de'g $80
Com'g. 4 March 1831 & Ending 29 Jan'y 1833
payable to Charles G. Spann
Harriet G. Watson
Wm. T. Spann
Tiry J. Spann
Anna Yates
Lawrence M. Spann
Timothy Spann
Maria Cathcart only surviving children

R. S. Burgess Present
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Macon Miss - 
Jan 8, 1927 -

Commissioner of Pensions -
Washington D. C. -
Dear Sir: - 
Please advise e if you have on Rev-pension list one Daniel Jennings who came over rom Birmingham Eng. - & entered service from Sumter Co. S. C. Can you give me names of his near relations & any dates?

Also, some information concerning James Spann b. in Va. - d. in Sumter Co. S.C. served in Capt. Medici's Co - but I do not know where he entered service from - 
Resp't'y
Mrs. R. E. V. Yates
Macon Miss
Box 116

[stamp - U.S. PENSION OFFICE JAN 1927
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Rev 4C

Gunnison Colo.
April - -8 - 1921.

Pension Department U.S.A.
Is there any record of a pension issued to James Spann of So. Carolina or Virginia for Revolutionary services?

Yours Truly
Mrs. James R. Spann [Signature]
Gunnison Colo.

[stamp - U.S. PENSION OFFICE APR 12 1921]
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1921 May 2 Hist.. to Mrs. James R. Spann
1927 Mar. 1. Hist. to Mrs. R.E.V. Yates  aw

9484
Rev. War
INVALID.
File No. 9484
James Spann
Priv. Rev. War
Act: June 7th 1832.
Index:-Vol. 7, Page 353
[Arrangement of 1870.]
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State of South Carolina}
Sumter District}
Personally appeared before me John Ballard one of the Magistrates for the District and State af'd. Hasten Jennings of the District af'd. the Subscriber who on oath says that he is well acquainted with the family, of the late James Spann of the District af'd. who was always recognized as having served as a soldier in the Revolutionary War that he knew the wife of the said James, Anna I. Spann, that the said James & the said Anna intermarried before the year seventeen Hundred & ninety four, that the said James & the said Anna are both dead, and that the said James Spann, left issue, Mary who is dead without issue, James S. dead without issue, Charles G who is dead leaving issue as I believe as follows ,James, Samuel, Regina & Lawrence. Harriet G. afterwards Mrs. Watson who is dead leaving issue as I believe as follows, Mildred, Sarah, James & Albina and now living as follows.
William T. Spann, Tiry J. Spann of Mississippi, Ana now wife of Robert E. Yates of Mississippi also, Lawrence M., Timothy, Maria wife of George H. Cathcart - That the said James Spann departed this life as I believe about the first of January - Eighteen Hundred & thirty three and that his widow Anna I. died I believe some time in
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Same Eighteen Hundred - thirty Eight and that the said Anna I. was never married after the death of the said James Spann.
[Signature] Hastin Jennings
Sworn to & Subscribed before me this 30th day of Aug. 1852.
[Signature] John Ballard Mgt.

I John Ballard Magistrate do hereby certify that the above named Hastin Jennings is a creditable witness and in a situation to know the facts to which he has deposed and that no record of Birth, marriages, or death is by Law required to be kept in the state of So. Carolina af'd this 30th day of Aug. 1852.
[Signature] John Ballard
Magistrate
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South Carolina}
Sumter District}
I, W. J. Singleton Clerk of the Court of General Sessions and Common Pleas for the district and state aforesaid do hereby certify that John Ballard before whom the foregoing affidavit was taken, as appeared by his name, thereunto Subscribed in his own handwriting, is a Magistrate in and for the district and State aforesaid, duly qualified and competent to administer oaths. Witness my hand and the Seal of my office this Fourteenth day of November 1852
[Signature] W. J. Singleton
Clerk of Court of Common Pleas
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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 James Spann 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 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 amout [amount] of pension he is entitled? Yes
VI. Has he given the names of the officers under who 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? Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, as he stated in his declaration that such proof cannot be had? No
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? 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 
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?
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? 2.7.
__________________________________________________

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 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 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 shewn under what officers the applicant served; 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.
(+) 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 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.
(++) QUERE XVI. Mode of authenticating papers.
In every instance where the certifying officer who authenticates 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 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.
[hand pointing right] 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.
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3/3

Robert E. Yates, Esq.
Stateburg S. C.

[stamp - CHARLESTON SC APR 9]
Page 26

Planter of Mech & Bank office
Charleston 6 April 1836

M. Robt. E. Yates

Sir

Your favor of 30th ultimo directed to the Pension Agent for focus was received by me and in answer to the request it contained I have to inform you that the Certificate is not in my possession. The Certificates of Pensioner are never left with the Agents except when application for payment is made for a Deceased Pensioner in which case the Agent forwards the certificate to the Pension Office with his Quarterly accounts.
I am very Respectfully
Your Obt. Srvt.
F. Lanneau
Pension Agt.
Page 27

Washington City D.C.
Jan'y 25 1851

Sir

Enclosed herewith please find additional papers in the case of James Spann dec'd who only rec'd $80 per annum under act of June 7 1832 and who was entitled as a Drag'o - to $100 per annum as per your letter of March 15th 1844.

The heirs of the widow of the said James Span also claim to be allowed what their mother neglected to claim, and to which she was entitled under the act of March 3rd 1837 and also entrusts the papers in the case for action thereon.
I have the honor to be 
very respectfully
Your Obt. Srvt.
George MacKoy Attorney [Signature]

Comm'r. of Pensions
Page 28

Brief in the case of James Sparrow [Spann] of  Sumter County and State of S. C.
act 7 June 1832 .

Claim, for increase

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
formerly admitted as private of Infantry at $80 per annum, should be private of cavalry at $100 per annum

[Signature]
S. Cole
Examining Clerk.

Name and residence of Agent
R. S. Burgess, Present
Page 29

House of Representatives
Feb. 5 1844

Sir:
   I enclose a letter relating to the pension of James Spann. Be so good as to give me the requisite information respecting the Same -

Very respectfully
Your Oft. Serv.
J.A. Woodward

J.L. Edwards Esq -
  [illegible] Pens.
Page 30

George MacKay Esqr.
Washington D. C. 

Filed by Col. G. McKay
Dec. 18, 1857-
W. Cole
Page 31

In the case of one of my volunteers in Mexico for whom I wanted a pension for wounds, I have not gotten the Doctor to agree - in the matter of James Spann's pension, Mr. John Wilson for Commissioner directed me to give "Satisfactory evidence of the date of the death of James Spann" and the number & names of the surviving children - Both those items are stated in the affidavit of Mr. Hasten Jennings - Direct me what to prepare as satisfactory evidence - 
Mrs. Spann the widow received but $80. one years pension the department there informed her that Spann having been a dragoon was entitled to $100 --& that it a pension of 80 is increased to $100 as Mr. Wilson states, the $100 ought to be increased in proportion. r. Wilson states the evidence should be a certificate from the court. I think I sent that very evidence that is the certificate of the Clerk of Court that the Magistrate before above the affidavit was taken was qualified.
Page 32

South Carolina
Sumter district

   Personally appeared before me John Ballard one of the magistrates in and for the district and state aforesaid Hasten Jennings of said district, who on oath says, that he is well acquainted with the family of the late James Spann of the district aforesaid, who served in the Revolutionary war that he knew Annie Jennings, the wife of the said James Spann, that the said James and Annie were married at his fathers house, before the year /1794/ Seventeen hundred and ninety-four.  That he was present at the marriage, that they left issue, William T Spann of Sumter district, Tyre I Spann now of Mississippi, Annie wife of Robert E Yates now of Mississippi  Lawrence, Timothy, of Sumter district, Maria wife of George H Cathcart of Richland district So Ca., Mary who died without issue, James [illegible] dead without issue, Harriet G, wife of W Watson, (Walker Watson of Fairfield) who died leaving issue, Charles G. dead in Mississippi, as deferment believes leaving issue.  That the said James Spann died on or about the twenty-ninth of January Eighteen hundred and thirty three 1833, that his wife Annie Spann died on or about the twenty sixth of June Eighteen hundred and thirty eight, and that she was never after the death of the said James Spann married.

Sworn to before me this 14.th Nov. 1850
John Ballard                         Hastin Jennings
Magistrate

I do further Certify that the above name Hastin Jennings is a respectable and credible witness and competent to know intimately the facts to which he testifies.

John Ballard
Mgtr.
Page 33

South Carolina
Sumter district
I, J. D. Jones Clerk of the court of common pleas and general sessions in and for the district and state aforesaid do hereby certify that John Ballard Esquire before whom the above affidavit of Hasten Jennings was made and who has thereunto subscribed his name in his own proper handwriting, was at the time of the doing a magistrate in and for the district and State aforesaid duly qualified as appears by the Roll of Magistrate of record in my office. In testimony whereof I have hereunto set my hand and seal of office this Eighteenth day of November in the year Eighteen hundred and fifty.
[Signature] J. D. Jones
C. Cps
Page 34

South Carolina}
Sumter District}
Know all men by these presents that I Lawrence M Spann of the district and state aforesaid Executor of the last will and testament of Mrs. Anna Spann, late widow of the late James Spann senior deceased, of the district and state aforesaid, have constituted and appoint George MacKay Esq. of the city of Washington my true and lawful attorney with power of Substitution, from and in my name pace and stead, as Executor aforesaid ,to ask and receive of and from the United States, any pension or pensions or arrears of pension and interest thereon, money or monies that are or may have been due and payable and remain unpaid to the said Mrs. Anna Spann widow of the said James Spann Senior by virtue of any acts of Congress or laws of the United States or on any other account whatsoever, and in my name as Executor as aforesaid to give receipts and other sufficient discharges, for such pensions arrears of pensions or moneys due as aforesaid, and to attend to an prosecute any and all business of whatever nature that I Lawrence M Spann as Executor as aforesaid may have with or before any of the departments of Government or Congress, and to do every other act that I as Executor as aforesaid might or could do were I personally present at the doing thereof, hereby ratifying and confirming whatever my said attorney shall do with premises by virtue hereof, devises good causes and valuable consideration are thereunto moving. In testimony whereof I have hereunto set my hand and seal this fourteenth day of Nov. - in the year Eighteen hundred and fifty [Signature] L. M. Spann [seal]
Signed Sealed and delivered in the presence of J. O. Heriot, John Ballard Magistrate [Signature]
South Carolina}
Sumter District} SS. On this
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Fourteenth day of November - 1850 personally appeared the above named Lawrence M. Spann before me the Subscriber and acknowledged the foregoing power of attorney to be his act and deed, for the purposes therein contained. As witness my hand and Seal.
[Signature] John Ballard [seal]  Magistrate

South Carolina}
Sumter district} SS.
I, J. D. Jones Clerk of the court of Common Pleas and general sessions in and for the district and state aforesaid do hereby certify that John Ballard Esq'r. before whom the foregoing acknowledgement was made, and who has thereunto Subscribed his name in his own proper handwriting, was at the time of so doing, a Magistrate in and form the district and state aforesaid duly qualified and sworn. In testimony whereof I have hereunto set my and and affixed the seal of the court aforesaid being my Seal of office this fourteenth day of November in the year Eighteen hundred and fifty
[Signature]  J. D. Jones
C. C. P.s & G. S.