Revolutionary War Pension and Bounty Land Warrant Application File W. 11528, for Burwell Spence, Virginia
Page 1

(3 - 1776)

SERVICE.                           NUMBER
N.C  Spence, Burwell      W. 11528
Va.   Nancy.                       B.L.Wt. 14753-160-55
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119.180- Act Mar 3 1855
                        May 5.  53

Nancy Spence, widow of Burwell Spence

Private  Ca[tain Wair, Virginia Militia,
Revolutionary
     Pensioner

No. 14753 of Jan 24/56 

Virginia [illegible] 53 - 5035
Admitted  160 acres January 22 of 1856
Dodge

William A Yost
Tazewell Court House
Virginia
Volume S 2 page 25,
Page 3

(copy)

5.035

Virginia R Nancy Spence
widow of NC Burwell Spence

who served in the Revolutionary war, as a private.

Inscribed on the Roll at the rate
of 20 dollars 00 cents per annum, to commence on the 3d February, 1853.

Certificate of Pension issued
17th day of March 18
and sent to

Wm Q. Yost

Tazewell C.H., VA. 
Recorded on Roll of Pensioners under act
February 3, 1853, Page 130 Vol. 32
Page 4

Rept 2d March 43

Virginia - 32022
Burwell Spence
Caroll Co. in the State of Virginia
he was a private in the (blank) commanded
Captain (blank) of the (blank) commanded
in the Virginia
..ne for 6 months

Inscribed on the Roll of Richmond, Va
the rate of 20. Dollars - Cents per annum
... commence on the 4th day of March, 1831

Certificate of Pension issued the 2d day of
March 1843 and sent to Hon. G. W. Hopkins H.R. 
Arrears to the 4th of Sept. 1842  $250.00
(?) allowance ending  4 Mar: '43 -  10.00
                                                           ======
                                                           $260.00-

Revolutionary Claim, ⎬
Act June 7, 1832.

Recorded by (blank) Clerk,
Book E Vol. 6-- Page 34
Page 5

Nancy Spence
Proof of her marriage
To Burwell Spence
&c. From
Hon. O. York
Tazewell C. H.
Virginia
Page 6

Virginia At a court held for Carroll County
at the Court House on Monday 5th day of March 1855.
Nancy Spence having affixed to the proper office of the Government of the United States, for a pension, on the Ground that she is the widow of Burwell Spence Deceased who was a soldier of the Revolutionary Army, and who in his lifetime drew a pension as a soldier of the war of the Revolution:& the said Nancy being desirous of proving her marriage to the said Burwell Spence, introduced three witnesses before the Court, to wit, John Cocker Sr, John McGracey & James Spence, who being all sworn in due form of law, did depose & testify as follow.
 John Cocker deposed & Testified, that he is
and has been for many years, a minister of the Gospel of the Baptist Church, & Authorized to celebrate the Rites of Matrimony, & that something upwards of twenty years ago, he united the said Nancy Spence (then called Nancy Thomas) in Marriage to said Burwell
Spence = said witness performing the ceremony of marriage between them: that said marriage was in all respects lawful & celebrated under legal License: that said Burwell & Nancy Spence cohabited together as man
& wife, till the death of the said Burwell & that said Burwell, in his life, received a pension from the government of the United States, as a soldier of the Revolution & that said Nancy Spence now resides in Tasewell County Virginia
John McGrady depose & Testify, that he
was present at the marriage of the above named Burwell & Nancy Spence, which took place something over twenty years ago = that Elder John Cocker was the officiating Minister, & that said Burwell & Nancy Spence cohabited as husband & wife
Page 7

till the death of said Burwill, & that said
Nancy Spence, as he is informed, now resides
in Tazewell County.
James Spence deposed & Testified that he
is son of the shall named Burwell Spence, by
a former marriage = that something more than twenty years ago, his father was married to Nancy Thomas the present aplicant for a pension = that he was present at the marriage, which was solemnized by Reverend John Cocker = that his Father & said Nancy Spence cohabited together till his fathers death; that
his father drew a pension as a revolutionary Soldier, & that the said aplicant, Nancy Spence is Still the widow of said Burwell, & lives  in Tasewell County

(?) of which is ordered to be certified under the
seal of this Court; & the Court doth further certify that the said Witnesses are men of verasity (sic) & their Testimony entitled to credit

I, Esau Worrell Clerk of the County Court of
Carroll County in the Commonwealth of Virginia, do certify that the foregoing is a True Transcript
from the records of said court.

In witness whereof I have herein to set my hand & affixed the seal of the said Court in my office this 7th day of March 1855.

Esau Worrell Clerk

[seal]
Page 8

Burrell Spence

6882
Va
Act 7 June 32
(?)

(?)

20
Hon G.W. Hopkins
Page 9

State Virginia
County of Grayson this 24 day of September in
in the year of our Lord 1832 personally appeared in open Court before the Justices of Court now Sitting Burrell Spence a resident of the County of Grayson in State of Virginia
of the age 69 years near as he can recollect who being first Duly sworn according to Law doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7 day 1832 that he
entered the service of the United States under the following named officers Alexander Gordon Captain, and Colonel Malbry and Colonel  Francis Cook and he served three months under some of said Officers and general Green Colonel Lee so called he saith it was in the year 1781 in the 24th
day of August when the claimant entered the service and was discharge on the 27th day of October 1781. From the first tower [tour] in one enga[d]gement in South Carolina at the
Eutaw Springs he was in the malitia [sic] service under above named officers which was malitia and resided in the state of North Carolina in Dickey County when he entered the service and further saith he was drafted and was in a
battle at the Durham Spring, which he was engadged [sic] then march through the state of North Carolina as for the name of the higher officers he knows not for he was under
Captain Alexander Gordon Colonel Malbrey, General Green Lee an officer in time of Battle at the said spring when we was oblidge (sic) to retreat  said Lee commanded us to follow him which we did and her entered the service of the united states the second time on 2th day of May
in the year 1782 under the command of Captain ward and was discharged 1st day of June 1782 he resided in the State of Virginia [illegible] County when he entered the service he was drafted he was in military service and was march
through to the head of Clinch river to whiten station and was in no engadgement [sic] the last tour and he has documentry [sic] evidence and that knows of no person whose testimony he can procure who can testify to his
service. I hereby relinquish every claim whatsoever to a pension or anuity [sic] except the present and declare that my name is not on the pension roll of agency of any State
Page 10

Portioned (?) By the Court

1) where and what year were you born) he answers my parents tell me that I was in Bedford County in the State of Virginia 
year he nows (sic) not.
2) have you any record of your age) he saith not.
3)  where were you living when called into service where have you lived since the Revolution war and where Do you now live) he saith in the State of North Carolina
Surry County when I first entered the service, second (?) lived in State of virgini (sic) in Montgomery - then lived in North Carolinia (sic) in Ash County then moved to State of Virginia in Grayson County and now Resides in the same
4) how were called into service were you drafter or volunteer)  he answereth I was drafted Boath (?)
5)  State names of some of the Regular officers who was with the troops such continental officers who was with the troops such Continental and Militia Redgement (sic)
as you can recolect (sic) and the general circumstances ) he says as for the regular officers he nows (sic) not the offs
which he now was Cpt. Gordon Col. Locke Col
Malry Lee general green which officers part was in Battle at Eutaw (?) springs in South Carolina for the redgement (sic) I now (sic) not. 
6) did you ever receive a discharge and by whom was it given if so what has becom (sic) of it) he said I received two Discharges 1st from Cpt. Alexander Gordon and Col Francis Locke 2nd from  John Taylor Discharged from afterwards Camp which discharges is produced in this Court 1st in the Letters and figures to wit -
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.
Camp at Bells Branch October 27th 1781 this may Certify that Burrell Spence has served a three months tour of Duty in my camp under the command of Col Lock as a good and faithfull (sic) soldier and are hereby discharged
Second Discharge
Alexander Gordon
Montgomery
Francis Lock Col.

I do hereby discharge Burrell Spence from (?) wards Camp Militia he having served the town
which he was drafted and During which time he behaved himself well
witness my hand this 1st June 1782
Jno Taylor

7) State the names of  persons to whom you are known in your present neighbourhood (sic) and who can testify as to your character for veracity and good behaviour (sic) your services as a soldierof the revolution)  he saith John Cook (??) Montgomery is  acquainted with him in my present neighbourhood  as my services I now no one to prove it by)  Sworn to and subscribed the day and year afore said. 

Burrell Spence (his mark, X)


we Irwin Montgomery and John Cork, Clergy residing in the neigh-hood hereby certify that we are well acquainted with  Burrell Spencer which has subscribed and sworn to the above declaration that we believe him to be 69 years of age that he is purported and believed in the neighbourhood where he resides to have been a soldier of the revolution and we concur in that opinion. 
Sworn to and subscribed the
day and year aforesaid
Irwin Montgomery
John Cook
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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
applicant was a revolutionary soldier, and served as he states
And the Court further certifies that it appears to them that Irwin Montgomery and John Cook who have signed the the preceeding (sic) certificate are Clergymen residing in the
County of Grayson, and are credible persons, and their statement is entitled to credit.

I Martin Dickerson Clerk of the Court of
Grayson County, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Burrell Spence for a pension.

The testimony whereof I have hereunto set
my hand and seal of said Court at
Office, this 15th day of October 1832

M. Dickerson

[seal]
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Nancy Spence
Pension Papers
from Wm C. Yost
Page 14

State of Virginia
County of Tazewell

On this 29th day of March 1854, personally appeared before the County Court of the County and State aforesaid, Nancy Spence, a resident of the County of Tazewell and State aforesaid, aged 74 years, who first being duly sworn according to law, doth, on her oath, make
the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3d February, 1853, granting pensions to widows of persons who
served during the Revolutionary war; that she is the widow of Burrell Spence, who was a private in the war of the Revolution, and Pensioned at (crossed out) per annum under act of 7th June 1832, and was paid by the agent for paying
pensions at Richmond Virginia.

The time when he entered and left the service, the names and rank of the officers under whom the service was performed, the place in which he resided when he entered the service is not known.

That his original discharge was filed with his declaration. She further declares that she was married to the said Burrell Spence, on the fifteenth day of July, Eighteen hundred and thirty one; that her said husbanddied on the twenty third day of March 1844 in the County of Grayson (now Carroll) Virginia, that she was
not married to him prior to the second of January Eighteen hundred, but at the time above stated. Shefurther declares that she is still a widow. 

Attest (?) Harman
Attest And. Thompson
Nancy (her mark) Spencer  (seal)

Sworn to and subscribed on the day and year above written and I hereby certify that I am not interested or any way connected in the above

John B. George J. P.
Chairman of the Court.
Page 15

State of Virginia
County of (left blank)


I do hereby certify that Esquire, before whom the foregoing declaration was made, and who has thereunto signed his name, was at the time of it being done a Justice of the peace, within and for the County and State aforesaid, duly commissioned and qualified, and that his name thereto is genuine.

In testimony whereof, I have hereunto set my hand and affixed the seal of the County
Court for the County aforesaid on this 29 day of March 1854

S.S. Graham Clk
Virginia Tazewell County to wit
This day personally appeared in open court
Jane Puckett & Jno Thomas and made oath
that Nancy Spence is now a widow and
and that she was lawfully married to him Burrell Spence as she has set forth in the within declaration. 
Jane (her mark) Puckett
John (his mark) Thomas


Sworn to and subscribed in open court
this day March 29th 1854 John B. George J. P.
Chairman of the Court

Sir I request that my claim be attended
to as soon as possible and the papers be
sent to Wm O Yosh at Tazewell Crt. Va 

[seal]
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Virginia, at a County Court for Tazewell
County, held at the Courthouse an Wednesday the 29th day of March 1854
The annexed declaration of Nancy
Spence, dated 29th March 1854 for the purpose
of obtaining the benefits of the provision made
by the act of Congress passed on the 3d February
1853, granting pensions to widows of persons
who served during the Revolutionary war, was
presented in Court the same being sworn to
subscribed by said Nancy Spence in open
Court; and also the affidavit of Jane Puckett
and John Thomas annexed to said declaration
was sworn to and subscribed in open Court
by the said Jane Puckett and John Thomas:
and the Court doth certify that the said
Jane Puckett and John Thomas are persons of veracity and entitled to full credit

State of Virginia
County of Tazewell
I Samuel L Graham, (covered) of the County Court of Tazewell County in the State aforesaid, Certify that the above is a true transcript from the record of said Court. In testimony whereof I hereunto subscribed name and affix the seal of the said Court, at Jeffersonville the 29th day of March 1854

[seal]

S. L. Graham, C.
Page 17

16. 882
Burrell Spence


Rejected
Not having served [illegible] months.
Page 18

16. 882
in the case of Burrell Spence
of Grayson Cty in the State of Va
(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? (blank)

3. How old is he? 69

4. State his service, as directed in the form annexed.

Period.  | Duration of Service (Years, Months, Days) | Rank | Names of General and Field Officers under whom he served

                                                    
1781 Aug 2  to 27 Oct  | 2 m 25 d  | Private | Capt. (?), Col. Malbry, Col. Lock

1782-2d May  to 1 June | 1 m.  | (blank) | Capt Ward

5. In what battles was he engaged?
Eutaw Springs
6. Where did he reside when he entered the service?
N. Carolina & Montgomery by
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls?
Tradition
8. Are the papers defective as to form or authentication? and if so, in what respect?
Right
cerity that the foregoing statement and the answers agree with the evidence in the case above
Easton
Examining Clerk.
21 Feb 1833
Page 19

119,180
Declaration of
Nancy Spence
---
From Wm O Yost
Tazewell C.H. Virginia
Page 20

State of Virginia
County of Tazewell

On this 14th day of April 1853 personally appeared before me a Justice of the peace within and for the County and State aforesaid, Nancy Spence, aged 80 years, a resident of the County of Tazewell in the State of Virginia, who being duly sworn according to law, declares that she is the widow of Burwell Spence, deceased, who was a Soldier in the revolutionary war, and pensioned during his lifetime at the
rate of forty dollars per annum, and that she is now, pensioned at the (?) twenty dollars. She further States that she was married to the said Burwell Spence on the 18th day of July A.D. (unclear) upwards of twenty years ago by one Cox a baptist minister of the Gospel and that her name before her said marriage was Nancy Thomas, that her said husband died at his residence in the County of Grayson State of Virginia on the 28th day of March AD 1844, and that she is still a widow.
For proof of her marriage, she refers you to the proof made on her application for a pension, which she is now getting
She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act approved March 3d 1855

Nancy (her X mark) Spence

We Mary Ratliff and Squire (Wirgo?) residents of Tazewell County in the State of Virginia upon our oaths declare that the foregoing declaration was signed and acknowledged by Nancy Spence in our presence; and that we believe from the appearance and statement
of the applicant, that she is the identical person she represents herself to be, and that she is still a widow.

[signed]         Squire Wirgo
 [signed]        Mary Ratliff

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written; and I certify that I know the officiants to be credible persons, that the claimant is the person she represents herself to be, and that I have no intent in this claim.
Eli Steele Jr.
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State of Virginia 
County of Tazewell

I Samuel L Graham Clerk of the County Court of said County hereby certify that Eli Steel whose name is subscribed to the foregoing certificate is and was at the time of making and signing the same an acting Justice of the peace in and for said County, duly commissioned, that full faith and credit is and ought to be given to all such his official acts accordingly, and that the signature purporting to be his is genuine.
Given under my hand and the seal
of the said Court at Jefferson all this
28th April 1855
Samuel L Graham, Clk

[seal]
Page 22

February 2, 1940

BA-J/AWF
Burwell Spence
W. 11528


Mrs. A. J. Berger
Arkansas City, Box 379
Kansas

Dear Madam:


Reference is made to your request for the
Revolutionary War record of Burrell (sic) Spence who served from Montgomery County, Virginia.

The data which follow were obtained from
claims for pension and bounty land on file under
W. 11528, based upon the service of Burwell Spence in the Revolutionary War. The name is shown, also, Burrell Spence.

Burwell Spence was born in the year 1763, in
Bedford County, Virginia. The names of his parents are not given.

While residing in Surry County, North Carolina, Burwell Spence enlisted August 2, 1781, served three months as private in Captain Alexander Gordon's company, Colonels Mabry's and Francis Locke's North Carolina regiment, and was in the battle of Eutaw Springs. While a resident of Montgomery County, Virginia, he served in 1782, three months
in Captain Ward's Virginia company.

Burwell Spence moved after the close of the
Revolution, to Ashe County, North Carolina, from there, moved to Grayson County, Virginia.

He was allowed pension on his application
executed September 24, 1832, then living in Grayson
Page 23

County, Virginia.

Burwell Spence was living in 1843 in Carroll
County (formerly a part of Grayson County), Virginia. He died in Carroll County, Virginia, March 23 or 28, 1844.

Burwell Spence married in Grayson County,
Virginia,  July 15, 1831 (?), Nancy Thomas. The
date and place of her birth and names of parents are not shown.

The widow, Nancy Spence, was allowed pension
on her application executed March 28, 1854, at
which time she was aged seventy-four years, and a resident of Tazewell County, Virginia. She was allowed, also, one hundred sixty acres of bounty land, on her application executed April 14, 1855, still a resident of Tazewell County, and then stated that she married July 19, "upwards of twenty years ago".

James Spence in 1855, in Carroll County,
Virginia, stated that he was the son of Burwell
Spence, by a former marriage, and was present at the marriage of his father and Nancy Thomas. There is no further reference to this former marriage, nor did James Spence give the name of his mother.

In 1854, one John Thomas was of Tazewell
County, Virginia, no relationship to the widow,
Nancy Spence, shown.

The papers on file in this claim contain no
further discernible family data.

In order to obtain the date of last payment
of pension, name and address of person paid, and possibly the date of death of the widow, Nancy Spence, it is suggested that you apply to the
Page 24

3 -

Comptroller General, General Accounting Office, Records Division, this city, and furnish the following data:

Nancy Spence, widow of Burwell Spence
Certificate #5035
Issued March 17, 1855
Rate $20.00 per annum
Commenced February 3, 1853
Act of February 3, 1853
Virginia Agency.

If you desire information relative to the bounty land referred to herein, you should address the Commissioner of the General Land Office, Interior Department, this city, and cite the following data:

Warrant #14753 - 160 acres - Act of 1855.

Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator
Page 25

Postmark: Arkansas City, Jan 18 1940 9 am

Received stamp: Jan 20 1940


Veteran's Administration
Division of Pensions
Revolutionary War Section
Washington D. C.
Page 26

Box 379, Arkansas City, Kansas, Jan. 17, 1940

Veteran's Administration,
Div. of Pensions, Rev. War Section
Washington
Dear Sir:-
Will you please send me all family data, as birthplace, parentage, wife, children, etc and also service in Rev. War, as set forth in the pension application & papers filed in same, for Burrell Spence -- who served or enlisted from Montgomery Co. Virginia and pensioned, I believe, from Grayson Co. Va. about 1832.
Thanking you most kindly, and trusting I may hear from you at your earliest convenience, I am

Respectfully 

[signed] Ruth Berger
Mrs A.J. Berger
Page 27

1940 - Feb 2 -  (?) to Mrs. A.J. Berger (?)

(?) WIDOW, &c.

File No. 11528

Nancy Spence
Wid of Burwell, Spence
Priv Rev. War

Act: Febry 3d 1853.

Index:--Vol. M, Page 234
(Arrangement of 1870.}
Page 28

[illegible] at [illegible] [illegible] October 29th 178[6?]
This may certify that Burrell Spence has served [illegible] months tower [tour] of duty in my company under the command of Colonel Lock as said and was a faithful soldier and  where by discharged.
Alexander Gordon
[illegible] [illegible] Colonel
Page 29

I do hereby discharge Burwell Spence from Captain Ward's Company Militia he having served the tours for which he was drafted and
During which time he behaved himself. Witness my hand this 1st June 1782

John Taylor
Page 30

No 16. 882
Burrell Spence
Va

Did not serve 6 mo.

Rejected
see letter to M. Dickinson May 4. 1833. do to
Hm G W. Hopkins Mar 3 1842.
to J.N. Coffin 9. April 1842
Page 31

14.753

Revolutionary Army
Page 32

Pension Office
April 20 /54

Sr,

Please report time of last payment to or death of within named pensioner
Respectfully
Fr. Burt Esqr (?)
and 
J. Cole (?)

Burwell Spence, act 1832
$20 per annum paid to 4 Mar 1844
F. Burt
Auditor
Page 33

No 4,600

Nancy Spence
of
Buwell

St Whill Yort
April 24 /54

 ?? of ?? 3/53
Page 34

DEPARTMENT OF THE INTERIOR
Pension Office, Official Business

Filed April 19"54.

Nancy Spence
widow of
Burwell, Tazewell Co, Va

Act of 53
? 
Com: Febry 3d 1853

Wm O. Yost
Tazewell C. H.
Page 35

Washington City March 4th 1842

Sir,

You will very much oblige me, if you will endow
me a printed form for the declaration & for obtaining a pension under the general acts of congress and officially under the act of the 7th June 1832. I want them for a (?) and valued constituent of mine, who has written me requesting a copy.

Very repectfully
you friend &  (?)
[signed} Geo W Hopkins

Will you also inform me whether the Declaration of Burnwell or Burrell Spence of Grayson County Virginia was filed in your office for examination, and if so what action was had upon it. It is said to be found in the court
of of that county, and was sworn to on the 24th September 1832 and was of forwarded at all, most probably forwarded about that time. I make this inquiry in part to save you from a future examination of the case, as I presume from the statement which I have
Page 36

mind, that Spence was not in the service long enough to entitle him to a pension under that act. 

[illegible]
Page 37

Brief in the case of Nancy Spence, widow of Burwell, Tazewell County and State of Va.
3 Feb 1853

Claim ("original")
Proof exhibited, (if original.)

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

Husband was pensioned under the act of June, 1832, the rate of $20 per Marriage proven by  the Clergyman who performed the service & two witnesses who were present.

Pensioner died 23 March 1844, as to the affidavit of the applicant, the report of the Third Auditor affidavit of three witnesses to death without stating the date thereof. 

Additional vericity?  is established by the affidavits of three credible officiants.


Has additional evidence been filed since the admission of the claim? If so, what?


Yost, Esq.
Tazewell Ct, Va. 
Name and Residence of Agent


J. C. Boynton
Examining Clerk.
Page 38

16,882
Burrell Spence

Sam MCarmand
Richmond, Va
Page 39

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Burrell Spence which require further proof or explanation.

1. 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, but too short to entitle him to a pension. 

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
Page 40

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? ---

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, 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?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses? ---
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct? ---

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? ---

XVI. Are the papers authenticated as the regulations direct? Yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 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 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 -- ; and for such service I claim a pension.
Page 41

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite , and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the
officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; 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 papersl
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.
Page 42

State of Virginia
and Carroll County
On this 7th day of February the year 1843
personally appeared in Open Court before
the Justice of Carroll County Court now Sitting Burwell Spence aged 79 years who being first duly sworn according to law doth on his oath make the following [illegible] and declaration in order to obtain the benefit of Congress passed on June/15 1802. That he joined the services of the United States, in the year 1781
as a drafted militia man and marched under Captain Alexander Gordon and Colonel Francis Lock through the state of North Carolina and joined the army of General Green before the battle Eutaw Springs Not long after joining General Greens army we marched up in two lines and gave battle to the British at the Eutaw Springs.
Here we had hard fighting. General Greens army
was drawn up in two lines, as well as I can't remember, the first one the militia, with whom this declarant fought in that engagement, and the other line were Continental troops. The Militia fell in with a party of the British on one side of the main body, who we continued to pursue and fire upon until the fight became general, and this declarant with the whole militia line were compelled to fall back, the Continental line under the command of Colonel Williams and Lieutenant Colonel Campbell, charged the British, and compelled them to give way in all directions, and Colonel Campbell fell mortally wounded when leading in the charge. The declarant remained with the army until his term of service expired and was then discharged by Captain Gordon and Colonel Francis
Page 43

Lock - He again entered the service as a certified militia man under the command of Captain Ward in the early part of the year 1782 and was marched to the west crossing to the ford of Clinch River and went on far as
Whittens - Station, and at the end of three months was again discharged by John Taylor in the 1st day of June 1782. This declarant served 6 months in the whole .He remembers General Green, Colonel Lock, Colonel Williams and
Campbell, Lee and Colonel Malbry (or Melbrey) and Captains Gordon and Ward. He entered the served on both occasions as a drafted militia man, He has two written discharges. he was born in Bedford County in Virginia, as his parents informed him, in the year 1763. He has no record of his age. He lived in
Surry County, North Carolina when he first entered the service and when he entered in the second time lived in Montgomery County Virginia, after that he removed to [illegible] County, North Carolina, and then to
Grayson County (now Carroll) in the State of Virginia where he has resided ever since,
He is known to John Cook and David A. Vinson
who can testify to his Character for veracity and they believe of his services as a solder in the Revolution. He herby relinquishes every claim whatever to be pension or annuity except the present and declares that his
name is not on the pension roll of the agency of any State.
Sworn to and subscribed the day and
year aforesaid
John Cook
David Vinson

Burwell Spence
his mark
[written in left margin] Honorable G W Hopkins House of Representatives.
Page 44

We, John Cook a Clergyman and Daniel A. Vinson, residing in Carroll County, do hereby certify that we are well acquainted with Burwell Spence who has subscribed and sworn to the above declaration in that we believe him to be a 79 years of age, that he is respected and believed in the neighborhood to have been a soldier of the Revolution, and  that we concur in that assessment.
Sworn to and subscribed this day and year aforesaid
John Cook (signature)
Daniel A Vinson (signature)

And the said Court does hereby declare this opinion after the investigation of the matter, and after pulling the interrogation, fore scribed by the War Department, that the above named applicant was a Revolutionary soldier and served as he stated. And the Court further certifies that it appears to them that John Cook and Daniel A. Vinson who have signed the preceeding [sic] certificate are residents in the County of Carroll and are credible persons and that their statement is entitled to credit.
I, William Lindsey, clerk of the County Court of Carroll, do hereby certify that the foregoing contains the amended proceedings of the said Court, in the matter of the application of Burwell Spencer for a pension, and also that the ensuing on the lefthand opposite page [illegible]. In testimony whereof I have hereunto set my hand and affixed my private seal, having no seal of office, this 7th day of February 1843
William. Lindsey Clerk of Court
Page 45

Washington City D of Columbia

Geo W. Hopkins, a member of the Congress of the United States from the (?) at District in the State of Virginia of which the county of Carroll forms a part, do hereby certify that William Lindsey is clerk of the county court of the said County of Carroll, and that the foregoing signature purporting to be his is genuine. Given under my hand this 24th day of February 1843.

Geo. W. Hopkins
Page 46

THE NATIONAL ARCHIVES
Form VAM-51
12 - 5 - 41
Division of Veterans' Administration Archives
BOUNTY LAND WARRANT RECORD CARD*

Name: Spence, David
Grade: Private
Line: Pennsylvania

WARRANT NUMBER 10358
ACREAGE 100
ISSUED October 31, 1795 ┃
to- not shown-


The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800"" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.
Page 47

THE NATIONAL ARCHIVES
Form VAM-51
12 - 5 - 41
Division of Veterans' Administration Archives
BOUNTY LAND WARRANT RECORD CARD*

Name: Spence, James
Grade: Private
Line: Hazen's Regiment

WARRANT NUMBER 13740
ACREAGE 100
ISSUED September 24, 1789 to James Duncan, assignee


The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800"" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.
Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.