Revolutionary War Pension and Bounty Land Warrant Application File R. 5603, for Nathan Spicer, New York
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Service 
New York
Spicer, Nathan
Johnson, Catharine
Former widow
Number R5603
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Jan 4 1853
Declaration of Catharine Johnson, late Catharine Spicer, for pension
N.Y.
Act 7 July 1838

Original app
James L. Street, of Taton Preble County Ohio
Attorney
Address [illegible] Street
Present May 9 - 53
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State of New York, County of Livingston S.S.
On this twenty first day of August AD one thousand eight hundred and fifty two, personally appeared before the undersigned, County Judge of the County of Livingston and State of New York, in open court, Catharine Johnson, formerly Catharine Spicer, aged eighty seven years the fifth day of January next; a resident of West Sparta in the County and state aforesaid, who, being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the acts of Congress, passed July 7th 1838, entitled "An act granting half pay and pensions to certain widows;" and the Act of the third of March 1837; as those acts have been modified by the act of August 23rd 1842, and explained in the opinion of Hon. John C. Spencer November 17th 1842, and the opinion of Hon. J.L. Edwards of June 26th 1844. That she is a widow, frail and needy; that her maiden name was Catharine Filkins; that she was married to Nathan Spicer a Revolutionary soldier of the State of New York, by a Dutch Clergyman (name forgotten) at [illegible] N.Y. on the 29th day of February A.D. 1784. That her husband, the aforesaid, Nathan Spicer died on the first day of January A.D. 1815; that she was not married to him prior to his leaving the Service, but the marriage took place
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previous to the first of January, seventeen hundred and ninety four, viz., at the time above stated. That she cannot, because of age and infirmity remember much about the service of her said husband, Nathan Spicer but believes he served as a militia volunteer, nine months as [illegible], under General Schuyler. He often talked of Fort Herkimer, Fort Stannix, and Johnstown. There is not, so far as she knows any public or family record of her marriage with her said husband, Nathan Spicer deceased, nor is there any family record of his death. She has therefore, for her marriage, and his service and death, to deposed on the [illegible] of such witnesses as her attorney may be able to find.
Catharine Johnson - X her mark

Sworn to and subscribed on the day and year above written, before 
Scott Lord
Livingston County Judge

State of New York, County of Livingston S.S.
On this 28th day of October A.D. 1852, personally appeared before the undersigned Justice of the Pease, within and for the county and state aforesaid. Benjamin Boughton
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aged fifty two years, a resident of the County of Livingston and State of New York, who being duly sworn according to law, declares, that he was personally acquainted with Nathan Spicer and Catharine his wife, now Catharine Johnson, during the last years of his life; that he does not know that they were ever married, but never heard any person express any doubt of their marriage, and never had any doubt of it himself. Knows that they were always publicly recognized as husband and wife; and raised a family of nine children which they always claimed as theirs; And finally that he died, as above stated, in Wm. Johnson's declaration having received an injury while shoeing a horse.
Benjamin Boughton

 [illegible], personally appeared before the undersigned, Justice of the Peace, aforesaid, David Filkin aged fifty years, who being sworn according to law, declares that he was acquainted personally with Nathan Spicer and Catharine his wife for seven years, before the death of said Nathan Spicer, as above mentioned, that all that time they were known as husband and wife, and raised a large family; that Nathan Spicer died as above mentioned; and that Catharine is now a widow.
David Filkin

Sworn to and subscribed, before me this 28th day of October A.D. 1852, and I hereby certify that I am well acquainted with the above subscribed Benejamin Boughton and David Filkins, and have been for twenty five years past, and that they are entitled to full credit, in their statements, above subscribed.
Elisha Whipple
Justice of the peace, within and for the County of Livingston and State of New York
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information as contained in his (or his widow's) application for pension on file in this Bureau. Nathan Spicer R. 5603
Dates of Enlistment or Appoinemtn. [illegible]
Length of Service. 9 mos.
Rank.
Officers under whom Service was Rendered. 
Captain. in Militia under Genl Schuyler
State. N.Y.

*The claim was not allowed for lack of evidence of service and marriage.

Battles engaged in, [illegible]
Residence of soldier at enlistment. [illegible]
Date of Application for pension, August [illegible]
Residence at date of application, West Sparta, Livington, Co. N.Y.
Age at date of application, she was born January 5, 1766
Remarks: Soldier married at Kinderhoss N.Y. Feby 29, 1784. Catharine Filkins and died Jany 1, 1815. Nine children  referred to, no names stated. Widow applied for pension as Catharine Johnson, formerly Catharine Spicer.
Very respectfully,
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Catharine Spicer wid Nathan 
N.Y. Act 38 Sus
Sarah Britton wid Wm
N.Y. act 48 Sus
Commissioner of Pensions
August 1st 53
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State of New York, Livingston County Clerk's Office, SS.
I Certify, That Scott Lord Esquire, was, at the date of the certificate of proof or acknowledgment of the annexed instrument in writing, County Judge of the Courty of Livingston, and that Elisha Whipple Esqr. was an acting Justice of the Peace, in and for said County, duly authorized to take the same; that I am well acquainted with their hand-writing and verily believe that the signatures to said certificate are genuine.
In testimony Whereof, I have hereunto set my hand, and affixed the Seal of said County, this Second day of November A. D. 1852.
Israel D. Root Clerk.
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Pension Office
May 21, 1853
Sir,
The application of Catharine Johnson widow of Nathan Spicer of New York, decd has been received and filed under the act of July 7, 1838.
The services of one Nathan Spicer are proved for eight months, but he is not identified with the husband of Catharine. Proof of the marriage has not been furnished. Record evidence of identity and marriage will be required. 
James L. Street
Wash D.C.
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Acts of July 14, 1862, and March 3, 1873.
5603
Catharine Johnson former widow Nathan Spicer
Rejected

1910 July 15 Hist. to L.W. Spicer, V. Lak
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No 14.856
Nathan Spicer Decd
N.Y.
letter to
Jas. L. Street 21st May 1853
Act 7th July 1838
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No. 7,968
Catharine Johnson widow of Nathan Spicer - NY
Jas L. Street 21 May 1853
Same Aug 18 1853
5603
Act July 4 1836
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3-871.
Record Division.
Department of the Interior, Bureau of Pensions.
Briefed by A. [illegible] D. 12/7/10
Soldier Nathan Spicer(s) N.Y. Rev.
Remarks:
No. Inv. No.
No. Wid
Try: Rej. NC 5603 (N.Y.)
(no others)
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Albert Lee. Minn
July 3 1910
Pension Dept.
Old Army & Navy Div
Washington D.C.
Dear Sirs:
Please send me what information to can as to age & residence when application was made for pension of the following soldiers in Revoultionary War.
Names taken from New York Rooster
1. Nathan Spicer
Albany 4th Regt. Milt. Land Bounty Rights
2. Nathan Spicer
Under Lieut. Penbrook. Land Bounty Rights
3. Nathan Spicer
Willets Regt. Wheelers Company
& oblige Respectfully
L.W. Spicer
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Brief in case
W. Spicer decd
N.Y.
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Brief in case Catharine Johnson widow of Nathan Spicer decd. of N. York.
Cath. Johnson Wid. (1st Aug 1852 open Court.) says she was married to Nathan Spicer a revolutionary soldier 29th Feby. 1784. Nathan died 1st Jan. 1815. Not marrd. prior to his leaving the service, but prior to 1st Jany 1794 viz. at time stated above.
Does not remember much of his service, believes he served as a militia volunteer 9 months, or more under Genl. Schuyler. Knows of no public or family record of marriage or of his death.
Benj. Boughton. (28th Oct, 1952) says he was personally acquainted with N. & Catharine his wife now Cath. Johnson. Does not know of marriage, never doubted nor heard it doubted publickly recognized as man & wife, had family of 9 children & died as Cath. states having recd. injury in shoeing horse.
Dvd. Filken (same date) says he knew Nathan & Cath personally for 7 years before N. died. All that time they were known as husband & wife, raised large family. Nathan died as above & Cath. is now a widow.
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Comptroller Certif. of NY for L21.17.4 [illegible] 31st 1782

No proof as to time of marriage or identity of claimants husband with the Nathan who served. CHN
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We the subscribers being the majority of the class whereof Joel Reynolds is Superintendent in William B. Whitings regiment of Militia do hereby grant and transfer to Nathan Spicer, his heirs and assigns, all our right and title to the annexed certificate and to the gratuity and bounty of two hundred acres of land to which we are entitled by virtue of an act or acts for raising of troops to complete the lines of this State [illegible] in the service of the United States and the two Regiments to be raised on bounties of unappropriated lands for the further defence of the frontiers of this State raised the 23d day of March A.D. 1782. In witness & testimony whereof we each of us have hereunto set our hands & seals this 17th day of May in the year of our Lord A.D. 1782.

Joel Reynolds
Samuel Darby - X his mark
Lourance Ghise - X his mark
John Walker - X his mark
Abiga White - X his mark
Seth Tubbs
James White
Jonathan Tubbs
Adam Van Nass
Ezekiel Simmons

Signed, sealed & delivered in the presence of Isaac Mills - #IM his mark

I assign over unto Henry Hart, Mert. of the City of Albany all my right, title, interest, claims & demand for ever of the within.
By me Nathan Spicer Jr. - X his mark
Albany, May 24th 1782
Witness John Knickerbacker Jr.
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Be it remembered that on the 23d day of May 1782, personally appeared James Mills before me Robert Yates one of the Judges of the Supreme Court of this State, who being duly sworn deposeth and saith that he has seen the within ten persons sign or mark, seal and deliver the within transfer or assignment as their respective voluntary acts & deeds for the uses therein mentioned. That he put his mark thereto as a witness. Robert Yates

Comptrollers Office
Albany November 30th 1852
I certify that foregoing to be a true copy of an original document now on file at this office, among the "Class Rights" papers.
Philip Phelps Dep Compt.
A.W. Lee Ex J. Clerk
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This certifies that Joel Rennels superintendant of a class in Colo. Whitings Regiment of Militia has this day delivered & mustered before me an able bodied man namely Nathan Spicer being duly inlisted to serve the said class in the New York State Levies till the first day of January next unless sooner discharged.
Albany May 23d 1782.
Peter B Tearce Capt M. My

Comptrollers office 
Albany November 30th 1852
I certify the above to be a true copy of an original muster certificate now on file at this office, and that it accompanies the accompanying "class Right" document.
Philip Phelps Dep Comp
AW Lee Exg. clerk
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James L. Street
application

Philp Perks of Pension Office
Besant.
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Washington April 7th 1853
Mr. Coles
I respectfully request that the following Revolutionary Pension cases be taken up under [illegible]; they were filed in December and January.

Mrs. Sarah Britton, widow of William Britton, a pensioner of the State iof New Jersey.
Mrs. CatherineJohnson, widow of Nathan Spicer, Benjamin Mc Farlin, Son of William Farley, alias William Mc Farlin a Pensioner of New York, Mrs. Bethiah Denison, daughter of Edward Cain, a former applicant for Pension from New York.
The above are four only, of many cases I have on file, and I ask the examination because these  [illegible] are all poor, and because I wish to leave the City, as soon as possible
Very Respectfully,
James T Street
[illegible]
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Certificates of Nathan Spicer's Services.—
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[Persons making application at the Comptroller's, or Secretary of State's Office, for  searches of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by said person; the nature of the service; whether in the Infantry, Cavalry, or artillery, &c.; in the regular army or militia; tha names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.

In pursuance of a law passed the 27th of April, 1781, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:

1782 Decem 31. Nathan Spicer 
No. of Cert'e issued, 7083 £—21 17 4


STATE OF NEW-YORK,
COMPTROLLER'S OFFICE, Albany, Dec 7th 1852}
I hereby certify the above to be true extracts from Book No. 2 now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:
First — under Capt. Simon Newell in Col. Marinus Willetts Regiment.
Second
Third
Fourth
Fifth
Sixth
Seventh
Eighth
Ninth
Tenth
Eleventh
Twelfth
Thirteenth
Fourteenth
Fifteenth

I have examined the rolls for the above, and find £— to be correct.
A W Lee Examining Clerk Philip Phelps esq Comptroller.
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Washington June 4th 1853
L.P. Waldo.
Sir,
Believing that the fear of doing wrong has in this case prevented the examiner from doing right, I respectfully ask a review because record evidence of identity and marriage is required; But, record evidence of identity is impossible in any case, as is that of marriage, in the state of New York, where it is considered only as a civil contract, and no record is required, or kept, except in a very few of the Churches; (See statement by Attorney General B. F. Butler, of August 11th. 1837. Pamphlet edition of Pension Laws, page 62, on this subject. But we have evidence of both identity and marriage, which has been overlooked. First; Catherine swears to the identity, in her declaration; and the undersigned would here pause and inquire whether the unimpeached oath of my declarant is not? And if not; then; Why are these declarations required to be made under oath, and in open Court? Is Catherine's declaration impeached in any manner? Not only not so, but it is corroborated; For secondly; it is proved by record evidence, that there was one Nathan Spicer who was a Militiaman of the Revolution of the States
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of New York, as she declares; Thirdly; it is proved that he served 8 19/100 months; corresponding in a remarkable degree with her declaration. Fourthly; it is proved, that the Nathan Spicer who served as aforesaid, belonged to the same neighborhood, where they were married within fifteen months, after the expiration of his service.—And, fifthly; it is worthy of inquiry, how Catherine, now eighty seven years of age, standing on the confines of the grave, could have knowledge of the services of any Nathan Spicer except her husband, when there was no other Nathan Spicer who so served; for it is well known in the Pension office, that where more than one person of the same name, served in the same state militia, there was always some mark of distinction attached to the name, viz. John Smith 2nd David Jones 3rd &c.
But is the marriage proved? The Declaration is fully sustained by the evidence of Benjamin Boughton and David Fikins who swear to the marital relation of Nathan and Catherine, and the evidence of nine children, claimed by them as theirs, as early as the year 1808, which in connection with her age, and the Physiological laws of procreation, proves the
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the marriage to have taken place before the year 1800. There is another reason to believe that the marriage occurred at the time mentioned in her Declaration, which was the custom of early marriages in those days; it is not pretended however, that this custom is proof, that Catherine was married when eighteen years of age, but it is certainly corroborative evidence; and is offered as such.
If then, there is no reasonable doubt of the truth of her declaration, please pass the case, without further delay, for the delay of justice in many of these cases amounts to an actual denial of it; and it has become one of the great truths of history, that, if the men and women of the Revolution had required the same amount of evidence to prove the justice of the cause, that the government for twenty years past has required to prove the justice of their claims — the battles of the Revolution had never yet been fought, its victories won, colonial servitude abolished, or freedom yet attained.
All of which is respectfully submitted by, most Respectfully,
James T. Street, Attorney.
Hon. L.P. Waldo
Commissioner of Pensions
Present.
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Pension Office
21st may 1853

Sir
The application of Catherine Johnson widow of Nathan Spicer of New York decd. has been received and filed under the act of 7 July 1838.
The services of one Nathan Spicer are proved for eight months, but he is not identified with the husband of Catherine. Proof of the marriage has not been furnished. Record evidence of identity and marriage will be required.
Very Respectfully
SP Waldo
Commissioner

James L. Street. Esq
Present,
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Power of attorney from Catherine Johnson, late Catherine Spicer, to procure and receive Pension.

James L. Street,
Attorney
Present

Dec 53
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Know all men by these presents, that I Catherine Johnson, late Catherine Spicer of the Town of West Sparta, Livingston County New York, and late the widow of Nathan Spicer, a Revolutionary Soldier of the State of New York, do hereby constitute and appoint James L. Street, my true and lawful attorney, for me, an in my name, to procure and receive from the United States, and the State of New York, any and all pension, and bounty land, to which I am entitled under existing laws, for and on account of the Revolutionary Services of Nathan Spicer, my late husband deceased.
Witness my hand and seal this twenty first day of August A.D. 1852.
her X mark
Catherine Johnson
Sealed and delivered in presence of John McPherson
Wm J Hamilton}

State of New York,
County of Livingston} ss.
Be it known, that on the twenty first day of August A.D. 1852, before the subscriber, a Justice of the Peace, in and for said County, duly authorized by law to administer oaths, personally appeared Catherine Johnson, late Catherine Spicer, above named, and acknowledged the foregoing power of attorney to be her act and deed. In testimony whereof I have hereunto set my hand the day and year last above mentioned
Wm J. Hamilton
Justice of the Peace
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STATE OF NEW-YORK,
LIVINGSTON COUNTY CLERK'S OFFICE. } ss. 

I CERTIFY, That [crossed out] Wm J Hamilton Esquire, was, at the date of the Certificate of proof or acknowledgment of the annexed instrument in writing, a Justice of the Peace in and for said County, duly authorized to take the same; that I am well acquainted with his hand-writing, and verily believe that the signature to said certificate is genuine. And that the annexed instrument is executed and acknowledged according to the laws of this State.
In Testimony Whereof, I have hereunto set my hand, and affixed the Seal of said County, this first day of Nov A. D. 1852
Israel J. Root Clerk.
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Suggestions in the case of Catherine Johnson
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Pension office.

Mr Waldo,
In the case of Catherine Johnson, widow of Nathan Spicer, I suggested to the Dept. Comptroller, at Albany the propriety of certifying, that there was but one Nathan Spicer, in Revolutionary Militia Service in the State; and he replied that where there were more than one, of the same name, they always certified that fact; I have not I believe mentioned the circumstance in my brief, in the case, and therefore state it now.
Respectfully Yours,
James L. Street
Attorney.