Revolutionary War Pension and Bounty Land Warrant Application File R. 9,971, for Nathan Spence, Delaware
Page 1

[printed card with handwriting]

(3 - 1776)
SERVICE
Del.
CONTENTS
Spence Nathan
NUMBER
R. 9.971
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[handwritten]

16967
Nathan Spence
Gwinnett Co Georgia
Suspended
P307
5. Jut 1.2.7
Suspended Ser lek
6 Nov. 18
17 Sept 1833 [lined out]
to.
Wm Maltbie C K Co
Gwinnett Co
Georgia
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[printed form with handwriting]

BRIEF in the case of Nathan Spence
of G^[insert]winnett Co. in the State of Georgia
(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? 89 years.
State his service, as directed in the form annexed.
|Period.|
In 1776
|Duration of Service.|
Years Months, Days.
12 7 or 8.
16 or 17
|Rank.|
As a
Private
Do
|Names of General and Field Officers under whom he served.|
Gen.
Col Polk
Col. Cowithy
Major Stouton
5. In what battles was he engaged? None
6. Where did he reside when he entered the service? Kent Co. Deleware [sic]
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, 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
Joseph Rowen
Examining Clerk.
77. 2
5.
11
Page 4

[handwritten]

Revolutionary
Pension Claim
of
Nathan Spence
decd. of Georgia
Pr. of atty
from
his son Natha
Spence
to
M. Thompson
Filed July 10, 1852
Papers [?]
for 4 
Sep 14 - 1852
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[handwritten]

State of Georgia}  
County of Harris}
Know all men by these presents that I Nathan Spence of the County of Harris
and State aforesaid Son and heir at Law of
Nathan Spence late of Walker County in said State
deceased for divers good causes and considerations
me hereunto moving have made ordained Court held
and appointed and by these presents do make ordain
Constitute and appoint M Thompson Esqr of the City of
Washington my true and lawful attorney for me and 
in my name to prosecute a claim against the
Government of the United States for a revolutionary
pension for the service of Nathan Spence a Soldier
of the revolutionary war and to receive a certificate for
said pension if any should be due and to do
and perform every thing concerning the same as fully
as I myself might or could do were I personally present
at the doing thereof satisfying and confirming whatsoever
my said Attorney shall do by virtue thereof
Witness my hand and seal this 17th day of May1852
Taken and acknowledged in presence of
Henry S Cornett (JP)
Nathan his X mark Spence
Henry S Cornett JP [lined out]
State of Georgia}  
County of Harris}
On this the 17th day of May 1852
Personally appeared
over
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[handwritten]

Nathan Spence before me an acting Justice of the peace in and for said County and acknowledged the above and foregoing power of attorney to be his act & deed for the purposes therein mentioned Given under my hand and seal this 17 day of May 1832
Henry S Cornett J.P.

State of Georgia}
Harris County} 
I Nathaniel H Barden Clerk of the Superior Court
in and for said County do hereby certify that
Henry S. Cornett whose name appears to the
foregoing Power of attorney as a witness, and
whose name is signed to the above acknowledgement is and was at the time of signing the same an acting Justice of the Peace for said County, duly commissioned and qualified
and that full faith & credit should be had & given to his attestation as such. Given under
my hand & the Seal of the Court this 18th day of May A.D. 1852
Nath H. Barden Clerk
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[handwritten]

State of Georgia} 
Gwinnett County}
Inferior Court ['September' lined out] October Term 1832 on this 5th day of ['September' lined out] October 1832 personly [sic] appeared in open Court, it being a Court
of Record, now sitting Nathan Spence a resident
of the said County of Gwinnett & State of Georgia aged
Eighty nine years who being first duly sworn according ^[insert] to law doth
on his oath make the following declaration in order to
obtain the benifit [sic] 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. That he entered the service in the County of
Kent & State of Delewar [Delaware] wherein he then resided
and owing to his very infirm age cannot recolect [sic] the year
or date but is pretty certain that he was calld [called] in to
service about 3 weeks after Philadelphia was taken by the British under Captain Daniel
Morris & Lieutenant Wm Staton attached to Major Stoutons Battalion & Colonel Wm Polk & Regmt and for a term of 12 months was under those officers as a kind of Minet [Minute] man against the Tories some times was out with them for six weeks at a time at other calls four weeks & at other times not so long. that during that year commencing
at the time first mentioned, he is certain that he served as much as 7 or 8 months principally
against the Tories served as a spie [spy] for his said Colonel Polk when ever cald [called] on which was very often he thinks that his servises [sic] as above was rendered in 1777 & 1778 afterwards Cald [called] into the service under Captain Jonathan Brady
& said Major Stouton & Colonel Cowithy in the same kind of service & in the same place
first above mentioned & continued in the service untill [sic] peace was made with the british [British] and he is of opinion that he must have served as much as 16 or 17 months under those officers was as a Minet [Minute] man & as a spie [spy] for Col Cowithy when ever he cald [called] on him which was very often. that he was ['very often' lined out] discharged
from each of his towers [tours] of duty, which was many, by his officers, but have lost or
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[handwritten]

mislaid so that he cannot find them. that the
foregoing several servises [sic] was rendered by him
in the said State of Deleware[sic] & under the before
mentioned officers. That since the Revolutionary war
he has resided first in the State of Delewar [sic]
& County of Kent from there he came to the State of
North Carolina & County of Guilford from
thence to the State of Georgia & County of
Gwinnett where he now resides-- and that he
has no documentary evidence whereby he can prove
his services: and that he knows of no person now living
whose testamony [sic] he can procure that will establish
the same. He hereby relinquishes every claim
whatever to a pension or annuity except the present
and declairs [sic] that his name is not on the pension
roll of the agency of any State
Sworn to & subscribed
the day & year aforesaid
in open Court
Nathan his X mark Spence
(Attest) Wm. Maltbie Clk:

Georgia}
Gwinnett County}
We Mitchell Bennett a Clergyman residing in the said County of Gwinnett
and State aforesaid and John Lawrence residing in the same, hereby certify that we are well acquainted with Nathan Spence who has subscribed and sworn to the above declaration that we believe him to be Eighty nine years of age
that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Sworn to & subscribed
the day & year aforesaid
Mitchel Bennet
in open Court
John Lawrence
(Attest) W. Maltbie Clk.
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[handwritten]

Dec. 4, 1852
Rel: to case of
Nathan Spencer or Spence
Official Business [underlined]
Hon J E Heath
Comms. of Pensions
Washington D. C. 
[printed shield]
M. THOMPSON
ATTORNEY & COUNSELLOR AT LAW 
AND
GENERAL AGENT
WASHINGTON CITY, D. C.
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[handwritten]

No. 16.967
Nathan Spence 
Ga.
Suspended
Letter 6 Nov. 1833 to
Wm Maltbie
Lawrenceville
Ga
M. Thompson May 6. 1853
Same Oct 6. 1883
Act of June 1832
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[printed form with handwriting]

Acts of July 14, 1862, and March 3, 1873. [lined out]
REJECTED [ink stamp]
9971
Nathan Spence
Service:
Enlisted:
Discharged:
Application filed:
Alleges:
Re-enlisted:
Attorney:
P. O.
Recognized.
Cert. of Dis. Searched for
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[handwritten]

Nathan Spence -
Ga
16,967
The man that has
been specified is that
12 Sept 1833
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[printed with handwriting]

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. The form of a declaration is highly objectionable. It must in every case be clearly shewn [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 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 certificate of 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.
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.
the applicant must specify his service as required also -
He must exhibit to the Depart. the mode by which he [illegible] 
the [illegible] that he [illegible]
He must distinguish between being ready and be able to serve and the [illegible
Page 14

[printed form with handwriting]

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Nathan Spence 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? [blank]
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? No
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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[printed form with handwriting]

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? [blank]
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. 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? [blank]
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? [blank]
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? [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. 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? 1 . 2 . 
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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[handwritten]

Washington City D. C. Sept 17th 1833
Hon. L.P. Waldo
Comr of Pensions
Sir
I herewith inclose [sic] the affidavit
of John E. Gibson and John High in
support of the case of Nathan Spence
I have the honor to be respectfully
Your Obt. Servt.
M. Thompson
per C. Clement Venable
Page 17

[handwritten]

Lawrenceville ^[insert] Geor August 31st 1853
Dear Sir
You will receive enclosed the undoubted testimony of the most
respectable Gentleman proving the reputation & cohabitation of Nathan Spence
and his wife Elizabeth M Spence is very anxious that you put this
matter to a termination at your earliest convenience. Please let us hear
from you as early as circumstances will justify
Truly yours &c
Wm Matther

Messrs Thompson & Good
Atty Agent &c
Washington City
D.C.
Page 18

[handwritten]

Wm Matthie
6 Nov. 1833
O. C.
Rec vol 10 P383
Page 19

[handwritten]

Department of War
Pension Office 
November 1833
Sir
The claim of Nathan Spence will remain suspended until he shall have
be able to conform to the rules adopted by the Department for the condition of the Act of June 7 1832. His papers are placed upon the files of this office
I am
Wm Mattie Esqr
Clk Court
Gwinnett
Ga
Page 20

[handwritten]

Washington Decr. 2nd 1832
Hon Jas E. Heath
Comm of Pensions
Sir
A reexamination & admission of the claim of
Nathan Spence of Georgia are respectfully solicited
I have the honor &c
M. Thompson
Atty for Spence
Page 21

[handwritten]

Georgia}
Gwinnett County}
The whose names are hereunto annexed do certify that Nathan
Spence of said County who has applied for a pension for Revolutionary services
has always since our acquaintance with him (and as we are informed & believe before
he came to this County) been a ['old' lined out] gentleman of unimpeachable good moral Character & has always been & is entitled to full credit on his oath. That
from our knowledge of his verry [sic] old & infirm & helpless condition believe
that it is wholly impossible for him to give any thing like a regular statement
of his services - he can recollect the storm and that he took an active part in it
but the Minutia of his services we are certain from his situation he cannot & 
never will again be able to state for these reasons & for the additional and that
he is extremity [illegible] & afflicted and having the utmost confidence in his former patriotism & valuable services and with all his pecuniary necessities under us
to recommend him as a fit subject for a pension and believe that none
are more deserving the small support
Page 22

[handwritten]

that the government has offered to give to the poor who still linger amongst us
[illegible lined out] and as the time will be verry [sic] short that
his pay [illegible] as an he live he deserves it & know he needs it and at the same time believe it impossible for him to comply with the rules for the reasons above stated we cheerfully recommend him to the favourable consideration of that government whose citizen he is & whose soldier he was 
A. Howell ┃ October 1833
Nathan L. Hutchins
atty at Law
E M Marten
W B Hutchins
Jas Pattillo
P. A. Sterling
Atty at Law
Joseph A Reeves 16
A. R. Smith J.
Andrew Compton
George W. Wright
G W F Lamkins
A. G. Van Volkingburgh J.C.
R. H. Lester Atty at Law
Jno H Pendergrass D. Clk
Nathan L. Hutchins atty at Law
Joseph A. Reeves JC
A. R. Smith P.M. Lawrenceville
Mat Cleveland
James Gaston Atty at Law
James C. Marten Attorney at Law
Wm Fowler
Clark Howell
Anthony Bates
Page 23

[handwritten]

Benjamin Ivee
Henry Fitzsimmons
Elijah Marlin
John B Trippe Attorney at Law
Wm Bowens JP
John Mills J P
Mat J. Williams Atty at Law
Wm Gordon
John Kenney Coroner -
John H Hammond
Drury Peeples
John Peeples
Marquis Ambridge
Buckner Harris
James M Reeves
Page 24

[handwritten]

Georgia}
Gwinnett County} 
I William Maltbie Clerk of the Inferior Court for said County hereby certify that I am well
acquainted with all of the persons who have officially signed the foregoing petition in
behalf of Nathan Spence and that they are persons of respectability
and bear the title annexed to their names respectively
Given under my hand & seal ^[insert] of office this 22nd day of October 1833.
Wm. Maltbie C. H.
Page 25

[handwritten]

Georgia}
Gwinnett County} 
Personally appeared before me the undersigned a Justice of the
peace of said County Nathan Spence who beingduly sworn deposeth & saith by reason of old age & the consequent laps of memory he cannot
swear positively as to the precise length of his service
but to the best of his recollection he served not less than the periods mentioned below in the following Grades in the latter part of the year
1777 after the taking of Philadelphia by the British he served as a private two months in the year 1778 in continuation of his first service he served five months as a private soldier in the company & under the officers as stated
in his declaration after acting as a spie [spy] in said service -
That in the year 1779 he served under the officers stated as a private Eleven months from the time he was first called into service he was considered as always belonging to the army but was permitted after to be at home &
that he has only stated such time as he was in actual service - he was after on
duty until the end of the war after his above services but not regularly attached
to any Army he has therefore not
Page 26

[handwritten]

mentioned it. And that each time he entered the service as a volunteer in defence [sic]
of the United States & during the four periods was not engaged in any civil pursuit & for
the said services he claims a pension
That he was born on the 20th March 1743 in the County of Talbot ['County' lined out] & State of Maryland That he has no record of his age the record was in his fathers family Bible which his
brother had the last account he has [illegible] it
That Mitchell Bennett a Clergyman & John Lewin a Pensioner who have testified-- William D. Byrd John Wright & Revd John Bankston to all of whom he is well known & among others his
neighbours can testify as to his character for veracity & their belief of his services as
a soldier of the Revolution. That Nathan Stafford Levy Stafford & Hezekiah Morris were his Messmates in the first service - That John Owens & Peter Omal were of his mess in the second
Service - That he was in no regular Battle but was in frequent skirmishes &
recollects one was in the County of Kent & State Delaware with the Tories
Page 27

[handwritten]

the above amendment was sworn to & Subscribed before me this 15th July 1833}
Nathan his X mark Spence
John Mills J P

Georgia}
Gwinnett County} 
I William Maltbie Clerk of the Inferior Court for said County hereby certify that John Mills,
whose name appears to the foregoing affidavit of Nathan Spence as a subscribing
Witness is and was at the time of subscribing the same an acting Justice of the Peace
for said County and that full faith & credit ought to be had & given to his attestation
as such
Given under my hand & Seal of Office this 16th day July 1833
Wm. Maltbie
C.J. C.
Page 28

[handwritten]

State of Georgia}
County of Jasper}
Personally Came before me Robert Leverett a Magistrate in and for
said County & State duly authorized to administer Oaths John C. Gibson & John High
Citizens of said County & State who being duly Sworn depose & say that Nathan Spence
who is now applying for a pension due his Father Nathan Spence deceased is reputed
to be and we verily believe is the son of Nathan Spence deceased that the said Nathan
Spence deceased removed from Gilford County State of North Carolina Some time in or about the year Eighteen hundred & nine to the said County of Jasper and that he and his wife Elizabeth lived together in said County Seven or eight years as man & wife and that they were generally and universally so far as deponents know or believe reputed to be such and that they were worthy respectable Citizens 
Sworn to and subscribed before me this 3d day of August 1853}
Robert P Leverett J P}
John C. Gibson
John High
I do hereby certify that John C Gibson, & John High, who made
the foregoing affidavit, are respectable and credible witnesses.
August 3rd 1853
Robert P Leveritt JP
Page 29

[handwritten]

Georgia}
Jasper County}
I Shadrach J Mcmichael Clerk of the Inferior Court for said County & State do
hereby certify that Robert I Leverett whose name is affixed to the within affidavit was at the time of the Execution thereof an acting Justice of the Peace in and for said State and County aforesaid duly authorized and appointed and that the Signature purporting to be his is genuine
In testimony whereof I have hereunto set my hand and affixed the seal of my office
this 3rd day of  August 1853
S J Mcmichael CSC

State of Georgia}
County of Gwinnett} 
Personally came before me an acting Justice of the Peace in & for said County
Nathan Spence who being duly sworn saith that no mariage license:
living witnesses, or family record, can, at so long a distance of time &
place be produced to prove the marraige [sic] of Nathan Spence
and Elizabeth his wife now both deceased.
Sworn to & subscribed before me 31st day of August 1853.
John Mills JPC
Nathan his X mark Spence
Page 30

[handwritten]

State of Georgia}
County of Gwinnett}
I ^[insert] Madison L. Adair [illegible lined out] Clerk of the ^[insert] Superior ['Inferior' lined out] Court in and for said County & State hereby certify that ^[insert] John Mills [illegible lined out] whose name appears to the foregoing affidavit as a subscribing witness is an acting
Justice of the ^[insert] Inferior Court ['Peace' lined out] in and for said County and State and that full faith and credit ought to be had and given to his attestation as such 
and that the same is in due form.
Given under my hand and seal of said
Court this 31st day of August 1853
M. L. Adair
Clk S.C.
Page 31

[handwriten]

Nathan Spence
Revolutionary
Soldier
Declaration
Page 32

[handwritten]

Georgia
Gwinnett County ⎬ 
And the said Court do hereby declair [sic] 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 the Court that Mitchell Bennett who has signed the presiding Certificate is a Clergyman resident in the County of Gwinnett & State of Georgia and that John Lawrence who has also signed the same is a resident in the State & County aforesaid and is a credible person and that their statement is entitled to Credit
Cliffird Woodro of JJC
Reuben Alling JJC
James Wardlaw J.J.C.

I William Maltbie Clerk of the Inferior Court for said County & State of hereby certify that the
foregoing contains the original proceedings of the said Court in the matter of the application
of Nathan Spence for a pension.--
In testimony whereof I have hereunto set my hand & seal of office this 5th day of October
1832
Wm. Maltbie C.J.C.