Revolutionary War Pension and Bounty Land Warrant Application File R. 9,996, for Duncan Spier, Delaware
Page 1

(3-1776)
SERVICE
Del.

Spier, Duncan
or
Dennis Slaven
or
Slaven, Dennis

NUMBER
R. 9,996

CONTENTS
Page 2

Duncan Spier's
Declaration dc.
for pension.
12.643

Direct to
Henry B. Curtis
Mt. Vernon
Knox County
O.
Page 3

Declaration in orders to obtain the benefit of the act of Congress passed June 7 1832

State of Ohio
Richland County
On this seventeenthe day of September A.D. 1832 Personally appeared before William Riddle one of the Appellate Judges of the county of common .... in and before said county of Richland, at the Township of Jefferson in the Same county Duncan Spair a resident of said township, County thats a foresaid aged sixty eight years and who from bodily infirmity is unable to attend at the seat of Justice to appear in open Court being first duty sworn according to law makes the following declaration in order to obtain the benefit of the act of congress passed june 7th 1832 That he relisted at Lewistown in Sussex County Delaware sometime in the month of March 1780 being the same year that General Gates went to South Carolina, his officers were as follows Lieut Duffe, Captain John Larmoth, Major Vaughan and Col. David Hale his engagement was for 3 years or during the war declarant accompanied the army under General Camden afterwards General Green took the command and declarant remained several months said General Green and was then sent with Henry King commanded to Maryland and was by consent transferred for a short period of time to General Smallwood army at Anapolis Md until he had an offer ... of again joining his company which he did shortly before the battle of Yorktown, Delaware Declarant company was then commanded by Capt McKennan, Lieut Duinole. Declarant was at said battle of Yorktown and was discharged this summer or fall following (being in the  year 1782) at Lewistown by Colonel David Hale by whom a written discharge was made out for declarant but he neglected
Page 4

to lift it. Declarant was very young when he enlisted, being only about 15 years old. Declarant never received his discharge
and it is not in his power to produce any documentary evidence of his service, nor does he know of any person now living who would be able to testify to his said services, declare
further states that he was born at Sussex County Delaware A.D. 1764 that he has now a record of his age in his Bible to which he can Refer Declarant resided near Lewistown in the State of Delaware at the time of the breaking out of the Revolutionary War, that about a year after the war he he removed to Maryland, & after a short residence there (thinks about 1 year) he moved to Pennsylvania where he resided about 10 years - Then resided for
about 17 years in upper Canada, when at the approach of the last war & hostilities between the two Countries when declarant removed to this State in the County of Richland where he has resided ever since. Declarant further states that Abraham Smith [a clergyman crossed out] and John W Thornton are persons re-siding in his neighborhood and have been for a long time well acquainted with him, and he accompanies their certifi-cate with this Declaration. Declarant has never received
any pension. He hereby relinquishes every claim whatever 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 and subscribed
to before me the date
above written-
Wm. Riddle
Associate Judge

Duncan Spier
his x Mark

We Abraham Smith [a clergyman crossed out] residing in Jefferson Township in the County of Richland, & in the neighborhood of the above named applicant, and John W. Thornton residing in the same neighborhood or vicinity, & in Jefferson Township of
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Said county, hereby certify that we an while acquainted with the said Dunean Spier who has subscribed and swore to the above declaration - that we believe him to be sixty eight years of age  - that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion and further that he is a man of integrity, good reputation for and veracity
swore subscribed to 
before me the date 
above written
Wm Riddle
Associate Judge
Ambraham Smith
John Thorton
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The State of Ohio
Richland County ss
I Elzey Hedges Clerk of the Court of Common pleas in & for said County of Richland, do hereby certify that William Riddle Esq before whom the foregoing proceedings were had, is now & then was an associate Judge of the court of common pleas in & for said County, duly commissioned
and sworn, and that the foregoing are his proper signatures. To all whose official acts full faith & credit is and ought to be given. In witness whereof I have hereunto subscribed my name and set the seal of said Court at Mansfield this 18th day of Sept A.D. 1832. Ellzey Hedges Clerk
Attest
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[on left side, written vertically] Elzey Hedges Clk
Duncan Spier,
Application for Pension.

12643

Address
Henry B. Curtis
Mt. Vernon
Knox. Coy.- Ohio
Page 8

The State of Ohio, Richland County, Court of Common Pleas
of the Term of November A.D. 1833-
Richland County ss.   On this 11th day of November A.D. 1833 person-ally appeared in open Court, before the Judges of the Court of Common pleas for said County, Duncan Spier a resident of Jefferson Township in said
County of Richland and State aforesaid aged Sixty 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 provision made by the Act of Congress passed June 7th 1832: That he enlisted in the Army of the United States in the month of March, in the same year of the battle of Camden, which he believes was the year 1780 at Lewistown in Sussex County in the State of Delaware - for the term of three years or during the war. He enlisted in a company commanded by Capt. John Larmouth his Lieut.s name was . . . Duff, and he marched with said Company in about a month after his said enlistment to Philadelphia and from thence to Trenton when he joined his regiment, which was of the Delaware line. The name of his Colonel was David Hall who resides and remained at Lewistown and the Regiment was commanded by Lt. Colonel
Vaughan. Declarants Captain also remained at Lewistown and the company was commanded by Lt. Duff. From Trenton Declarant was marched with the regiment aforesaid (the No. of which he cannot recollect) in Company with, and as declarant believes, attached to a Brigade of the Maryland line, to the "head of Elk" so called, where they remained a few days, and then embarked in vessels and proceeded to Petersburgh in Virginia. Thence marched to Hillsborough in North Carolina. Thence we were marched to Camden, where we were engaged in a battle with the British. The American forces were commanded by General Gates and were defeated. This battle took place sometime in the month of August of the same year of Declarants enlistment. In this battle declarants Lieutenant (Duff) was killed or taken prisoner, and the company was much reduced and broken. Declarant with the regi-ment to which he belonged & part of the army retreated back to Hillsbor-ough; when in consequence of being taken by the small pox and being dangerously sick, he was left. Declarant was an invalid during all the following winter and in the spring of 1781 learning that Col. Tarlton of the British forces, was about to invest himself of that
Page 9

place, declarant effected a flight with some soldiers of the Maryland line to Prince Edward Court House in Virginia where some of the Maryland State troops were stationed. Declarant was here employed in assisting the Commissary of the pvt Henry King, who belonged to the regular Army- in which duty
he was engaged when he was again overtaken by Col. Tarlton & his forces, and there not being a sufficient American force present to defend the place, the public stores fell into the hands of the Enemy. Declarant escaped saving for the Commiss=ary two horses. Declarant soon after proceeded to Annapolis where he drew Provisions and obtained advice from General Smallwood of the Maryland line, who
was then stationed there with a part of the Maryland troops. He here found two of the Sergeants of his Company to wit George Collins and Sergeant Brooks with a few recruits, who were on their way to join their company and the Army, then at York town. Declarant then proceeded with them and
under their command to York town where the remnant of their company was found & which he with said Sergeants and recruits joined, and were placed under the command of a Lieutenant Quenolt, who acted as Captain, but declarant does not know whether he belonged to the Company or not. Some other parts of Declarants regiment were present, and were
under command of Captain Mechanon (or Buckanan) being the oldest Captain  & officer as declarant understood of the regiment, then present.) His Colonel was not there but still remained at Lewistown, nor does declarant
recollect or know what had become of the Lt. Col. Vaughan, but thinks he was not present at the Battle of York town. Declarant was engaged in said Battle of York Town which lasted about 18 days as near as declarant can remember. He saw the surrender of the British Army and particularly saw Lord Cornwallis deliver up his sword to the American Commander General Washington. Declarant after said Battle next marched to Dover where he remained under the command
of a recruiting officer, until he was discharged at the end of the War. Declarant recd. word from Col. David Hall that by calling on him at Lewistown he could receive his written discharge, but as it was some distance for declt. to go, & peace having been published and declared, & having received a verbal discharge, he did not consider it matter of
importance and therefore never called to receive his written discharge. Declarant further States, by way of explanation, & to avoid
confusion and mistake in respect to his name: That his fathers name was Lanton Slaven, and his mothers maiden name was "Spier." That his
father and mother both died before he was six years old. That declarants
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proper name was "Dennis Slaven " instead of Duncan Spier" and that according to his best recollection, it was by the name of "Dennis Slaven" that he served in the revolutionary War. his only doubt on that subject is whether
it was Dennis Slaven" or "Dennis Slaven Spier" (as he was known by both names) but he believes it was by the former. Declarant further explains that he became commonly known by the name of "Spier" as his Sirname in consequence of living when young most generally with his mothers  rela-ations. And he gradually lost the name of "Dennis" and acquired the name of "Duncan "from living among scotch people in the State of
Pennsylvania, who said that Dennis was an Irish name, and that it was "Duncan" in Scotch. In this way Declarants name became
changed, and he is now known, alone by the name of "Duncan Spier" and has been for more than thirty years past. Declarant further states he has no documentary evidence by which he could prove his said service, within his power or knowledge, nor does he know of any person living by whom he could prove the same. He hereby relinquishes every claim whatever 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.
And in reply to the interrogators propounded by the Court under the direction of the War Department, he saith as follows:
To Interrogatory 1. Declarant was born in Sussex County Delaware on 16th of June 1865
2. He has a record of his age in his bible to which he refers
3. Was living in said Sussex County at the time of his enlistment, And since the Revolutionary war resided about one year in State of Delaware - Then about a year in Maryland - Then removed to Pennsylvania where he resided about 10 years - Then resided at the head of Lake Ontario about 17 years And then removed to the County of Richland in the State of Ohio, where he has resided ever since, being about 21 years.
4. Declarants enlistment was voluntary.
5. For the name of his officers as far as he is able to remember them, he refers to the body of his Declaration.
6. He received no written discharge
7. Samuel Poppleston (a clergyman) and William Cosper reside in Declarants neighborhood and have been long acquainted with him.
Declarant further adds that he served his country faithfully
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and according to the best of his abilities during all his said term of service which was from the day of his said enlistment until the end of the war. He has never received his warrant for his land, nor has he ever recd.
or enjoyed any land from the Government by reason or on account of his said services. and now submits to the war department whether he is not still entitled to receive the same. further saith not-affirmed
to and subscribed
the day and year aforesaid
Elzey Hedges Clk
Duncan Spier
his x Mark
We Samuel Poppleston a Clergyman residing in the Township of Jefferson in Richland County State of Ohio, and William Cosper residing in the same Township hereby certify that we are well acquainted with Duncan Spier who has subscribed and Sworn to the above declaration. That we believe him to be Sixty Eight 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 and subscribed to the
day & year aforesaid
Elzey Hedges clk
Saml Poppleton
William Cosper
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 appli-cant was a revolutionary soldier and served as he states, And the Court further certify that it appears to them that Saml Poppleston who has signed the preceding certificate is a clergyman resident in
the Township of Jefferson in said Richland County, and that William Cosper who has also signed the same certificate is a resident of the same Township, and is a credible
person, and that their statement is entitled to credit.
I Elzey Hedges Clerk of the said Court Do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Duncan Spier for a pension.
In Testimony whereof I have hereunto set my hand and the seal of my office at Mansfield this 11th day of November AD 1833.
Elzy Hedges Clk
Page 12

12643

Duncan Spier

Delaware Roll


Henry B. Curtis
Mt. Vernon
Knox Coy.
Ohio
Page 13

BRIEF in the case of Duncan Spier of Jefferson Township County of Richland in the State of Ohio
(Act 7th June, 1832)

1. Was the declaration made before a Court or a Judge?
a Judge
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
It does
3. How old is he?
68
4. State his service, as directed in the form annexed.

Period.
Enlisted in March In 1780
discharged Summer
or Fall 1782-

Duration of Service.
Years,    Months,   Days.
2 and upwards

Rank.
As a
private

Names of General and Field Officers
under whom he served.
Col. David Hall Delane
Capt John Larmouth      Delaware [illegible]

Genl Smallwood
Capt Mc Kennan

5. In what battles was he engaged?
Camden
Yorktown
6. Where did he reside when he entered the service?
Lewistown, Delaware
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?
No
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G Wilcox Examining Clerk
18. Feby 1833
Page 14

[28.483 crossed out]
12.643

Duncan Spier
Ohio--

Secy of State
New Castle
Del

Henry B. Curtis
Mount Vernon
Ohio
Page 15

Pension Office
26th Nov 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 care 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 is allowed. The notes and the regulations will show what is necessary to be done, These points to which your attention is more particularly directed, your will find marker 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 be compling with this request greatly facilitate the investigation of your claim.
Statement showing the service of Duncean Spier
Period when the service was rendered
Enlisted 1780
Name and Rank of Filed Officers under whom he served
Capt Sarmond
Col Vaughn
Age at present and place of abode when he entered the service
18 years
Morristown, Sussex Co Dela
Proof by which the declaration is supported
Trade dianang

I am respectfully
your obedient servant
James L Edwards
Commissioner of Pensions
Page 16

Regulations under the act of June 7 1832
The following regulations have been adopted: 

This law has been constructed to extend, as well to the line as to every branch of the staff of the army, and to include under the terms “continental Line” “Militia” and “Volunteers”, all persons enlisted, drafted or who volunteered and who 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 &c Teamsters, Boatmen &c. Persons who served on board of private armed vessels are also excluded from the benefits 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. 
Declaration 

In order to obtain the benefit of the Act of Congress of the 7th June 1832 

State, Territory or District of 

County of 

On this  day of personally  appeared (a) before 

B. a resident (b)  of  in the county of and state, Territory or District of age (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 officers 

 [ here set fort the names and rank of the field and company officers; the time he left the service;(and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers) the town and 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 declared that his name is not on the Pension Roll of any Agency in any State, or (if any) only or that of the Agency in the State of  

Sworn to and subscribed the day and year aforesaid 

[ and then will follow the certificate of the Court] 

And the said Court do hereby declare their opinion (g) that the above named applicant 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 

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 names of the 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 of Virginia, will make and subscribe a declaration similar to the foregoing, which the following additions viz: 

(k) We A.B, a clercyman, residing in the  and C.D. residing in (the same) hereby certify that we are well acquainted with subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed in the neighborhood where he resided 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 opninion 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 who has signed the preceding certificate is a clergyman, resident in the and that C.D. who has also signed the same is a resident in the and a credible person and that their statement is entitled to credit. 

Clerk of the Court of do hereby certify that the foregoing contains the original proceeding of the said court in the matter of application of for a pension
In testimony whereof I have 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 original discharge of 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 his personal knowledge of the services of the applicant and such circumstances connected there with as may have a tendency to throw light upon transaction. 

If such surviving witness cannot be found the applicant will so state in his declaration (l) and he will also where he produce such evidence or no proceed to relate all the material facts which can be useful in the investigation of his claim and in the comparison of his narrative with the events of the period of his
Page 17

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 states will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if 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 of 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 Regiments as you can recollect, and the general circumstances of your service.
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 the 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 her represents, and the he is reputed and believed in the neighborhood to have been a Revolutionary solider, and that they concur in that opinion.  If one of these persons is a Clergyman, the court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except that the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and 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 a 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 a 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 office, 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 genuine signature.
No payments can be made on 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 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 option 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 periods of the war when he served. 
[e] Every continental officer or soldier 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 her served, in language so definite as to enable the Department to determine to what amount of pension he is entitles.  In a case where the applicant cannot, by reason of the loss of memory, sate precisely how long her 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 the service; but, according to the best of this recollections her served not less than the periods mention 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."
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 that 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 shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrisons; and for the time during which the service was performed, he was not employed in 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 affix 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 certifying officer, should accompany the papers. 
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers 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.
Proof of service.
[j] 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 the 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 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.
[pointing finger pictograph] The noes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops.  The proof required by rule in not [j] applies to continental troops only. 
[k] This traditionary 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 18

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Duncan Spier
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 amout 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?
No
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? Yes
XIV. [dagger footnote symbol] If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? [blank]
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
[blank]
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?
[blank]
XVI. [double dagger footnote symbol] 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?
Yes
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 recol-lection
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 about three or four months 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 im-properly attached to the certificate.
Page 21

office of the Secretary of State of
the State of Delaware
Dover, 18 Oct. 1833
In the case of Duncan Spier
There are in this office "Pay Rolls of Capt John Learmouth's Company belonging to the Delaware Regiment of Foot commanded by
Colonel David Hall" from the Month of May 1777 to the Month of March 1780, both inclusive; and there are also in this office Muster rolls of the said Company for the Months of April May and June 1750. all of which said pay rolls and muster rolls have been carefully examined and the name of Duncan Spier does not appear on any of them
James Rogers
Secretary of State
Page 22

Act 7. June 1832
Suspended
See letter to H. B. Curtis
Mount Vernon
Ohio
7th April 1834.
9996
Page 23

Rejected
1996
Duncan Spier
Service:
Enlisten:__ ,18
Discharged:____,18
Application filed:____,18
Alleges:____
RE-enlisted:____
Attorney:____
P.O._____
Page 24

[Stamp upper left illegible]
[Stamp upper right] FREE

Honl. J. L. Edwards
Commission of Pensions
Washington City

mail
Page 25

Mount Vernon, Ohio, Nov. 16. 1833
Sir
Yours of the 20th Sept last returning to me
the Explanatory memorandum touching the application of Duncan Spier for a pension, and also informing me of the loss of the originals Declaration-- was duly received. And agreeably to your suggestion and advice I have caused the Declaration to be taken anew, and have incorporated in it, the explanation in regard to the applicants name that was given by the former amendatory note. The paper is herewith enclosed.
I submit whether the present claim, (having been delayed by the accidental loss of the papers) is not entitled to an earlier consideration and decision, than its present dates would give it.
I will request you to refer to the proper office in the Dept that clause in the Declaration
which relates to the applicants Land Warrant.
Very Respetfully, your obt Servt
Henry B. Curtis
Honl.
J. L. Edwards