Revolutionary War Pension and Bounty Land Warrant Application File R. 9949, for Thomas Spain, North Carolina
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(8-1776)

N.C.

Spain, Thomas
           Jemima

NUMBER
R.9949

CONTENTS

1818 W
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6368
North Carolina
Thomas Spain
of Pitt County in the state of N. Carolina who was a Musician in the regiment commanded by Colonel Armstrong of the N. Carolina line, for the term of three years.
Inscribed on the Roll of North Carolina at the rate of Eight Dollars per month, to commence on the 3rd. of November 1818 -
Certificate of Pension issued the 2nd of Feb'y. 1819 and sent to the Hon. Thos. H. Hall House of Rep: U. States

A Portion of Semi-anl. all'ce ending 4th March 1819 $32.40
3 mos. 25/30 4/31  $32.40

{Revolutionary claim,}
{Act 18th March, 1818.}

Pitt County.
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Pen Agent May 19, 1837
Let. to Hon. Edw'd Stanly, H. Reps. June 25.1840 -
na da Dw 28-'40

Paid at Treas'y. under act 6 April, 1838, from 4 Sep. ' 39 to 24th Jan. '40. Agnt not'd. 26 Mar. '46 Let. M. Dickinson June 3/50

Con @ August 2@1821, and Sent to Clerk of Pitt County Greenville NC
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State of North Carolina}
Pitt County} On this 20 day of August 1850, personally appeared before me, Marshall Dickinson, on of the Justices of the Peace for the County aforesaid, Nancy Spain af'd. County aged 88 years, and after being duly sworn according to law testified as follows: That she was long acquainted with Thomas Spain & his wife Jemima, before the revolutionary war and since: That her maiden name was Jemima Summeral and they were married at her fathers who lived within sight of my father's where I then lived. I was not present at the marriage. I did not go to it however I was not invited, but I remember the fact as well as if I had been personal - Thomas Spain then lived with his said wife, (and continued to live there to his death) within about a mile and a half of his wife's father's house where they had been married as aforesaid - This deponent in 1797 intermarried with William Spain, brother af'd. Thomas, and removed with her husband to a place in the neighbourhood, and from deponent's marriage to the death af'd. Thomas she lived from three miles to three and one half miles of the said Thomas & wife, and was always intimate with them as neighbours - Their marriage at the time was well known to the neighbourhood, and was never questioned. As to the date of the marriage, I have no precise recollection it was soon after he (Thomas Span) returned from the revolutionary war, I should think in the year 1783 or 1784 - They lived together as man & wife to the death af'd Thomas a few years ago [Signature] Nancy Spain X her mark
Sworn to & subscribed before me the day above written - Marshall Dickinson J. P. [Signature]
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I also certify that I am acquainted with the said Nancy Spain. That she is worthy of credit, and that I believe in the truth of her testimony - 
[Signature] Marshall Dickinson J.P.

State of North Carolina}
Pitt County} Court of Pleas & Quarter Sessions for the said County May Term 1852.
The foregoing deposition was produced in open Court and satisfactory evidence produced that the said Nancy Spain is worthy of credit on oath, and the said Court believes in the truth of her testimony - I, Henry Sheppard, Clerk of the said  Court hereby certify the above proceeding of the court, and that Marshall Dickinson is a Justice of the Peace for said County and Chairman of this Court and that the foregoing signatures purporting to be his are genuine - In testimony whereof I have hereunto set my hand and seal of office this 8th day of May 1852 -
[Signature] H. Sheppard Clerk
[Seal]
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State of North Carolina}
Pitt County - } Court of Pleas & Quarter Sessions Aug. Term 1851
Personally appeared in above Court on this 8th day of August 1851, Drury Spain, son of Thomas Spain, deceased, and made oath to the following declaration in order to obtain the Pension which was due his mother Jemima Spain, dec'd. who was the widow of Thomas Spain, aforesaid, who was a revolutionary Pensioner at the time of his death. That the said Thomas Spain his father, enjoyed a Pension at the time of his death of ninety six dollars per year according to his declaration, as a revolutionary soldier - that he died on the 25th day of January 1840, aged 79 years the previous July leaving Jemima Spain his widow that the said Jemima lived until the 2? day of December 1841 as his widow when she died without having again intermarried that the certificate of Pension of the said Thomas Spain, his father was delivered to a Mr. Daniel some years ago for the purpose of procuring the balance of the pension of the said Thomas Spain at the time of his death, and deponent has not known any thing about it since - that his mother the said Jemima Spain never applied in a regular reason for her pension as the widow of the said Thomas Spain.
The Deponent further states that he knows of no record of the marriage of his said Father & Mother nor does he recollect hearing from them or either of them the date of their marriage he has heard them speak of their marriage, his father said he was married to said Jemima, when he was twenty two years old, or when he was in his twenty second year, and his mother said she was in her
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her nineteenth year at the time of her marriage as aforesaid There was a record of the births and deaths of their children kept in some leaves of an old British Book but that [illegible] Book and the Record are now lost or deponent believes as he did not find it among his father's papers and does not know what has become of it - from that record said the declaration of his said parents and later years from his own knowledge he knows nearly the dates of the births & deaths of the children. The first child was Polly, born in August 1784, who died without issued, the next was Drury, this deponent, who was born June 9, 1790 - the next was Thomas born the 11th April 1792, who in now alive the next was David who lived about four years old - the next was Ruthy, who was born in 1802, and is now alive the wife of Tamary Teal -
Deponent knows of no person who was present at the marriage of his said father & mother, said only knows from their own declarations that they were married very near the [illegible] to the birth of the first child Polly and stated - that he believed the said date of her birth (Aug. 1784) was correct, that since his remembering they always lived together as man & wife, and that he never heard any doubt expressed of their marriage as above stated - And further deponent saith not
[Signature] Drury Spain
And the Court declares that that satisfactory Testimony has been given before them That Thomas Spain, a revolutionary Pensioner died on the 25 day of January 1840 leaving Jemima Spain his widow and that the said Jemima died  his widow on the 26 day of December 1841, leaving the said Drury Spain, Thomas Spain and Ruthy Teal (wife of Tamary Teal) his only children and heirs - In testimony of the foregoing
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proceedings of the said Court, I Henry Sheppard Clerk of the said Court of Pleas & Quarter Sessions have hereunto set my hand and affixed the seal of my office at Greenville this 8th day of August A. D. 1851, [Signature] J. Sheppard Clerk

I further certify that the said Court were also satisfied of the truth of the foregoing statement of Drury Spain. In testimony whereof I have also hereunto set my hand & affixed my seal as above [Signature] H. Sheppard Clk
[seal]
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250
No. Carolina
Thomas Spain
6368
March 1819

SIIS.

Com'd. August 2nd
1821 & Pentle
Clerk of Pitt Cy
Greenville NC
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State of North Carolina} Court of Pleas & Quarter
Pitt County} Sessions November Term 1820 -
On this 8th day of November 1820 Personally appear in open Court having a Jurisdiction unlimited in amount with power to fine & imprison Keeping Record of its proceedings & proceeding according to the Course of the Common Law a Court of Record - Thomas Spain aged 60 years a resident of the county aforesaid & after being duly sworn according to Law doth on this oath declare that he served in the Revolutionary War as follows I entered in the 8th North Carolina Regiment Continental Line James Armstrong Colonel in Paptain James Mayes Company on the 10th of February 1777 for three years Served in the Said Regiment untill I was taken a prisoner in Charlestown S. C. in 1780 then was discharged while a prisoner of War by Colonel John Patten which discharge I have lost & was in the battles of Brandywine Germantown & at Monmouth my former declaration was made on the 3rd day of November 1818 Pension Certificate numbered 6368 and have received 128 dollars & 45 cents and I do solemnly swear that I was a resident citizen of the United States on the 18th of March 1818 & that I have not since that time by Gift sale or in any manner disposed of my property or any part thereof so as to diminish it as to bring myself within the provision of an act of Congress entitled an act to provide for certain persons engaged in the land & Naval Service of the United States in the Revolutionary War passed on the 18th of March 1818 & that I have not nor has any person in Trust for me any property or securities contracts or debts due to me nor have I any Income other than what is Contained in the Schedule hereto annexed & by me Subscribed I have 50 acres of Land desart not to be Cultivated 2 Cows & 18 pigs 1 cart 1 Hand Mill 2 Barrels 2 Chests 2 Tables 2 pots 1 frying pan 1 dutchoven 1 ax 1 Weeding hoe 3 Dishes 16 plates 2 Basins 1 Loom & Six Iron spoons 6 cups by occupation a Farmer but after find
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myself not able to labour by a pain in my back & one of my knees. I have a wife 53 years old one half of her time not able to labour my daughter Ruth Spain 18 years old healthy & that is all my family.
Sworn to & Subscribed in open Court at 
[Signatures] Arch'd Parker   Thomas Spain H his mark

State of North Carolina} Court of Pleas & Quarter
Pitt County} Sessions Nov. Term 1820
I Alexander Evans Clerk of Pitt County Court of Pleas & Quarter Sessions do certify that the foregoing oath & the Schedule thereto annexed are truly copied of said Court and I do further certify that it is the opinion of said Court that the total amount in Value of the property exhibited in said schedule is one hundred & Twenty dollars & thirty five Cents.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court on this 8th day of November 1820
[Signature] Alexander Evans Clk
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Thomas Spain Pensioner
Armstrong's North Carolina Reg't. 
1777 - 3 Years

3rd Nov. 1818

Admitted

Correct by roll
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State of North Carolina SS.

On this the third day of November 1818 before me the subscribed one of the Judges of the Superior Courts of Law and equity for the aforesaid Thomas Spain resident in the County of Pitt in the said State personally appeared who being by me first duly sworn according to Law on his oath makes the following declaration in order to obtain the provision made by the act of Congress entitled "an act to provide for certain persons engaged in the Land & naval service of the United States in the Revolutionary war" That he the said Thomas Spain enlisted in Pitt County in the State aforesaid in a Company Commanded by Captain Tartanson first by Capt. May of the 8th Regiment of North Carolina on the 10th of Feb. 1777 that he served in that corps until the 12th day of May 1780 when Charleston was surrendered to the British. the time for which he enlisted tower three years had expired before he was taken prisoner and on the surrender he was exchanged & received his discharge at Charleston in the State of South Carolina - that he was in the
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Battles of Brandywine & Germantown and at the siege of Charleston that he is in reduced circumstances & stands in need of the assistance of his country for his support & that he has no other evidence now in his power of his said services.
[Signature] Thos. Spain X his mark
Sworn to & declared before me the day & year aforesaid - [Signature] Jn. Hall

This day the 3rd of November in the year 1818 appeared before me William Spain & Hardy Robinson & being sworn in due form of Law deposed & swore that Thomas Spain who signed the foregoing affidavit is in reduced circumstances & needs the assistance of his country for support as they verily believe -
[Signatures] William Spain
Hardy Robinson
Sworn to & declared before me the day & year aforesaid - [Signature] Jn. Hall

I John Hall one of the Judges of the Superior Court of Law and equity as aforesaid do certify that it appears to my satisfaction that the said Thomas Spain did serve in the Revolutionary war as stated in the preceding declaration for the term of nine months against the common enemy on the
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continental establishment & further that the said Thomas Spain is in reduced circumstances & needs the assistance of his country for his support - And I now transmit the proceedings & testimony taken & had before me to the secretary for the department of war pursuant to the directions of the aforementioned act of Congress Nov. 3rd 1818
[Signature] Jn. Hall

State of North Carolina} I Joseph B. Hinton Clerk 
Beaufort County.} of the Superior Court of Law for the County of Beaufort, do hereby certify that the Honorable John Hall whose name is subscribed to the foregoing certificate is one of the Judges of the Superior Court of law for said County in the said State.
In testimony whereof I have hereunto affixed my seal of office & subscribed my name at Washington this third day of November 1818
[Signature] Jos. B. Hinton Clk for S. C.
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State of North Carolina} County Court
Pitt County} SS. August Term 1840

On this fourth day of August in the year one thousand eight hundred and forty personally appeared before the Justices of the County Court of Pitt County Jemima Spain a resident of the State of North Carolina and of Pitt County aged Seventy seven years who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the pension made by the act of Congress passed July seventh in the year one thousand eight hundred and thirty eight entitled "An act granting half pay and pensions to certain widows"; That a musician in the Army of the Revolution according to a pension certificate which was given to him by John C. Calhoun secretary of War under the seal of his office of which certificate the following is a copy "War Department"  "Revolutionary Claim"  "I certify that in conformity with the law of the United States. of the 18th March 1818 Thomas Spain late a musician in the Army of Revolution, is inscribed
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on the Pension List, Roll of the North Carolina Agency, at the rate of eight dollars per month, to commence on the third day of November one thousand eighth hundred and eighteen.
Given at the War Office of the United State this second day of February. One thousand eight hundred and nineteen.
[Signature] J. C. Calhoun
Secretary of War
[seal of the War Department]

She further declares that she was married to the said Thomas Spain in Pitt County North Carolina some time in the year one thousand seven hundred and eight two or in the year one thousand seven hundred and eighty two or in the year one thousand seven hundred and eighty three and that her husband the aforesaid Thomas Spain died on the twenty third day of January in the year one thousand eight hundred and forty at his residence in Pitt County North Carolina where she and her husband have resided the whole of the time since their marriage; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January seventeen hundred and ninety four viz: in one of the years named above. Sworn to and subscribed the day and year above written. 
[Signature[ Jemima Spain X her mark
Test. Wm. D. Moyt D. C.
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State of North Carolina} County court
Pitt County} November Term 1840

John Anderson of Pitt County North Carolina makes oath that he is now near eighty one years old, & that he has resided in Pitt County since the year 1783. and within about three miles of the residence of Thomas Spain & knows that said Thomas & Jemima Spain were married sometime between 1783 and 1786 This deponent was not present when the ceremony of marriage was performed but visited there frequently & knows that they lived as man and wife and the general reputation of the neighborhood was that they were man and wife. This deponent served in the war of the Revolution in the Army of Washington & he knows that Thomas Spain was a drummer in the eighth Regiment under the command of Col. James Armstrong and afterward in the 2nd regiment under Col. John Patten. Thomas Spain was in the battle of Germantown. This deponent has been informed that Thomas Spain was in Charleston & was there captured but this he does not know he remembers however that Spain escaped captivity & returned to his home. 
[Signature] John Anderson X his mark
Sworn to before me in open Court November 4 1840. [Signature] Arch'd Parker Clk
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I Archibald Parker Clerk of the County Court of Pitt County that the foregoing declaration & proof was made in open Court in Pitt County Court.
[Signature] Arch'd. Parker Clk

I Marshall Dickinson Chairman of the County Court of Pitt County North Carolina do hereby certify that Archibald Parke is Clerk of the said court , that the foregoing certificate is signed by his hand that the form is in due form of law, and that due faith & and it ought to be given to his acts as such - Given under my hand and seal the 4th day of November A. D. 1840 -
[Signature] Marshall Dickinson Ch. C C. [seal]

State of North Carolina Pitt County - 
I Archibald Parker Clerk of County Court of Pitt of Pleas and Quarter Sessions do hereby certify that Marshall Dickinson whose name appears to the aforesaid certificate is chairman of the County Court aforesaid and due faith and credit is due and ought to be given to all his attestations as such Given under my Hand and seal of office this 6th day of November A. D. 1840 -
[Signature] Arch'd Parker Clerk
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No. 7508.

Hon. Ed. Stanley HoR
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State of North Carolina, Pitt County} I Archibald Parker Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid, do hereby certify that I have examined the records of said county and cannot find any bond for the marriage of Thomas Spain & Jemima Spain of said County and furthermore, that there are not any Marriage Bonds in the office as far back as the time it is alledged [sic] the above parties were married, given under my hand and Seal this fourth day of November A.D. 1840
[signature] Arch. Parker Clk
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State of North Carolina, Pitt County} I Henry Sheppard Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid, do hereby certify that I have examined the files in my office, for any bond for the celebration of marriage between Thomas Spain and Jemima Summerlin, and there is no such bond to be found in my office, which is the only place in said County for such a document. I further certify that there are no bonds of this description filed in my office known to the year 1796. Given under my hand & Seal of office at Greenville this 11th day of Mr 1852
H. Sheppard Clk
[illegible seal affixed to document]
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Mr. Nathan Leak will please examine Mr Spains papers
R. Randolph for Geo. Little

For Mr. Cole
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Raleigh 21 Oct 1830

Dear Sir

Yours has been received ending the list of widows under act of 1836 - I don't think the husband of any are entitled to half pay or received commutation except Dixon Marshal husband of our claimant Mrs. Lucy Marshal - whose application you have allowed - Mrs. Jemima Spain, died some four years ago leaving children - Her husband was a $96 pensioner and died in 1839 - Examine her papers and inform me what is required from her children - Is her marriage properly proven?
Write me about this immediately as I can have the children to work application under any all the acts & Resolutions which would enhance her claim - Her application having been filed, previous to passage of Resolution of Jan'y 1845, would she no be entitled to draw a pension during the time her husband been a pensioner? Look to this - Yours truly [Signature] Geo. Sints

R. Randolph Esqr.
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State of North Carolina}
Pitt County}
On this 16th day of March 1852, personally appeared before me, Marshall Dickinson, a Justice of the peace for the County of Pitt aforesaid, Elizabeth Pollard, of said County aged eighty five years, who being duly sworn according to law deposes as follows: - Qu. "Wee you well acquainted with Thomas Spain deceased, a revolutionary soldier & pensioner, and his wife Jemima, and what do you know about their marriage? "I was well acquainted with them from about the time and while before marriage - I lived within about a mile, or less of Thomas Summerlin a brother of the said Jemima, when I first heard from them & theirs that the marriage was expected to take place, and I knew of the day when said Thomas and I believe his wife went to the marriage, and there was a young man by the name of John Osborn, my cousin, who lived close to me, who was then courting a sister of the said Jemima and afterwards married her - I worked for sd. Osborn and prepared his clothes for going to P. Spain & Jemima's wedding and afterwards heard them speak of being at the marriage - not long after the
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the marriage Thomas Spain & wife Jemima paid a visit to her brother Thomas Summerlin, and I was there and saw them there together as man and wife - some years after, say five or six, I moved from teh place I lived near Summerlins to the neigbourhood of said Thomas Spain, within one mile of him and continued to life then tot he time of the death of said Thomas Spain, and I think until the death of sd. Jemima, his widow, or until about the time of her death, which time or a little after I broke up housekeeping and removed to my son-in-law, James Highsmths, where I now live - During all the time I lived near the sd. Thomas Spain as aforesaid I was in habits of intercomm. with the said Spain's family, and they lived together as man & wife, and I never heard any doubt expressed of their marriage and I feel as well justified of them having been lawfully married as I should be if I had been present at sd. marriage - I cannot state the date of the above marriage but when I moved to the neighbourhood of said Spain, they had two children Polly, who is dead and Drury who is alive - They had other children afterwards, but they are all dead except Drury, Thomas 7 Ruthy who are alive as I believe - I do not know my own age exactly, but I am about Eighty five years old, and somewhere
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somewhere between that and ninety - Deponent does not recollect anything further that is material - and further saith not - 
[Signature] Elizabeth Pollard X her mark

Sworn to & subscribed by the said Elizabeth Pollard before me the day above written - and I certify that I am acquainted with the said Elizabeth Pollard that she is worthy of credit and that I believe in the truth of her statement of faith &c.
[Signature] Marshall Dickinson J. P.

State of North Carolina} Court of Pleas & Quarter
Pitt County} Sessions for sd. County May term 1852
The foregoing deposition was produced in open court and satisfactory evidence produced that the said Elizabeth Pollard is worthy of credit on oath, and the said Court believe in the truth of her testimony - I, Henry Sheppard Clerk of said Court hereby certify that the above proceeding of the court is correct and that Marshall Dickinson is  a Justice of the Peace for said County, and Chairman of the Court and that the above signature purporting to be his is genuine - In testimony whereof I have hereunto set my hand and seal of office this 8th day of May 1852 -
[Signature] H. Sheppard Clk
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FREE

Hon'l J. L. Edwards
Commissioner of Pensions
Washington City
D. C. 

Thomas Spain N.C. - 18 mons.
Wm. Spain
Struck off the will he dus on any paper in file or on roll
[illegible] June 3, 1850


[stamp - GREENVILLE N.C. MAY 20]
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Greenville No. Ca. 22nd May 1850

Sir,
I am requested by the parties concerned to make the following enquiries.
Some years since Thomas Spain & William Spain, of this County (Pitt) revolutionary Pensions, died, each leaving a widow then alive - some years afterwards a man by the name of Daniel undertook to obtain their pensions for them, and the balance due their Husband respectively at their deaths. He procured such testimony as was supposed sufficient and promised to inform them when he should have procured the certificates. Several years, have elapsed, and not a word has been heard from him concerning the business. The object of this is to enquire whether any application was made at your office by Daniel in the above cases and if so, what has been done with them?
The names of the applicants were
Nancy Spain, widow of William Spain - and
Jemima Spain, widow of Thomas Spain - 
Very respectfully,
Marshall Dickinson [Signature]

Hon'l. J L. Edwards
Com'r. of Pensions
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The Commissioner of Pensions
Washington City
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Greenville, Pitt Co, No. Ca.
May 18, 1852

Sir,
I am requested to enclose papers in a case of Heirs of Jemima Spain widow of Thomas Spain, application for a Pension.

The consist of the Declaration of Drury Spain dep'n. of Nancy Spain, dep'n of Eliz'h Pollard, and Certificate of the Clerk of the County -

Please address any return to Drury Spain, or to 
Your Obt. Srvt.
Marshall Dickinson [Signature]

Comr. of Pensions,
Washington City
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9949.
P.O. Jemima Spain
Service:
Enlisted:_____________, 18
Discharged:__________, 18
Application filed: ___________, 18

REJECTED

Alleges: ___________________
Re-enlisted: ___________
Attorney: _________________
P.O. ______________
___________Recognized.  ____________Contract
_________Cert. of Dis.  Searched for ___________, 18
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7508
N.C.
see let to Hon. Ed. Stanley 
Dec. 31. 1840.
let to G. Hoyt April 30 1841
let Mr. Dickinson, Aug. 10/32

REJECTED.

Act 7 July 1838.
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Thos. Spain - N.C.
aged 60 yrs. - not able to labor from pain in back &c.

-wife 53 yr. old - not very healthy &c can labor only 1/2 her time - 

-daughter 18 years old - healthy -

- 50 acres poor land - not to be cultivated - 
whole amt. of this: $121:35

[R - struck through]
con

served 3 yrs. -
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TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
May 20th, 1845.

Sir:

Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pension from the pension agents, The Adm: of Thomas Spain, dec'd a Pensioner on the Roll of the North Carolina Agency, at the rate of Eight Dollars per month, under the law of the 185th March 1818, has been paid at this Department, from the 4th of Sept. 1839 to the 24th of January 1840.

Respectfully yours,

Albion K Parris [Signature]
Comptroller.

To the Commissioner of Pensions, Present.