Revolutionary War Pension and Bounty Land Warrant Application File W. 6158, for Benjamin Spencer, North Carolina
Page 1

(8-1776) 
SERVICE               NUMBER
N. C.       Spencer, Benjamin  W. 6158.
S. C.        Mary              BL. Wt. 5107-160-55
Page 2

Increase No. 29 [illegible]
North Carolina
Mary Spencer
widow of Benjamin Spencer 
S. Ca
who served in the Revolutionary war, as a Private

Raleigh N. C. agency.
Rate 96 Dollars 00
cents per annum.
Commencing July 27/68.
Ded. payts. made since.

Certificate dated April 9/69 and sent to mary Spencer are T. A. Betty
Morgantown N. C. 
Inc Act July 27/68
Recorded on roll of Pensioners under act February 3, 1853 Page 218 Vol. 26
Seligson
Clerk.
Page 3

23519
North Carolina
Benjamin Spencer of Burke Co in the State of No. Ca.
who was a private in the company commanded  by Captain Adams of the Regt. commanded by Col Middleton in the State Troops of So. Ca. and the militia of said State, 13 months

Inscribed on the Roll of North Carolina at the rate of 51 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831

Certificate of Pension issued the 25 day of Feby 1834 and hand to D Newland Esq private

Arrears to the 4th of Sept 1833  129.15
Semi-ane. allowance ending March 1834 25 83
$154. 98
{Revolutionary Claim, Act June 7, 1832}
Recorded by Henry H. Sylvester Clerk
Book E Vol. 6 1/2
Page 73
Page 4

[first panel]
N C Fctg 55 - no 2494

Vol. Sa _ 23.

[second panel]

38175 
Act  3 [illegible] 
April 3.1850
Mary Spencer, Widow
Benjamin Spencer
Private 
N.C.
Revolutionary War
Pensioner
Private S. C. State Troops

Boynton
down 160 ac's Aug 24/55
Dodge

5107 is Aug 27/55
R. C. Pearson
Morgantown N. C.
Ha N.
Page 5

[illegible]
Little River
Burke County
N C
Admit as private
3 Mo. July 10.
[illegible]  41.66
-               51.66
Hon. Jas. Graham
H R
Page 6

Declaration

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

State of N Carolina
Burke County

On this 18th day of
January in the year 1834 personally appeared
open Court before the Worshipful County
Court of Burke County in the State aforesaid Benjamin Spencer of the County of Lincoln and State of N. Carolina, aged 73 years doth on his Corporal Oath say that he entered the service of the United States under the following named officers and served as herein stated, viz. That he enlisted under Captain Godfrey Adams in the South Carolina State troops in the Cavalry for ten months in Col Middleton's Regiment No 2nd Said name forgotten under Agident (?) Lusk 1st Sargent Mares Raney Mustering Sargent John Bates. Said Spencer further Swears at the time he entered the service he was a Citizen of Burke County in the State aforesaid and that he entered said Service Either in the year 1779 or 1780 and was forth with marched & Rendezvoused at Ramseur near Lincolnton N.C. from which place he
was marched to Ancrumban Congare (?) in
South Carolina at which place he joined
Genl Sumters Army at which place he
Remained for same time until he was
ordered an a hunting party under Captain
[next]
Page 7

Waters during which several scouts he encumbered two
engagements with the Tories. The first engagement was on the Saluda River in S. Carolina the 2nd engagement
was on Edisto River S.C. When the American army was fired upon out of a swamp at which
time Capt Lipham was killed he then continued
his service without encountering any further engagements. Some times with the main army & sometimes Scouting until the Battle of the
Eutaw Spring, at which place he joined General Greens armory and was placed in fount of the Battle on the Left Flank and continued in pursuit of the British Armey to the Bull Swamp from which place he marched to what is called the four Holes Bridge in forty miles of Charleston S.C at which place he garrisoned apar of the winter until he was marched to
Orangeburg S.C. at which place he was discharged by Major John Moore. Said Spencer further swears that previous to the
aforesaid term of service he served a three months tour as a volunteer in the North Carolina Militia under Marden Clarke Captain Luce John Richardson & Ensign
Wm Canley in Col Joseph McDanillo Redgemen (?) [next]
Page 8

by whom with Major Brevard he was march
to twelve mile creek in S. Carolina and
there gained the Brigade Commanded by Genl.
Wm. Davidson and there remained untill he
ordered to Join in Genl Greens army
and remained with said army until he was
Ordered to 
the Tuckaseegee ford on the Catawba River N. C. to impede to march of Lord Cornwallis, he then was under the aforesaid
he was Genl. Green from which service he was  transferred
to Warland Fort in Burke County to [illegible] the [illegible] of said State of
N. C. from the depredations of the Cherokee Indians under Col Warford
at which place he served the remainder
of his tour and at the end of his time
of service he again volunteered to serve another
tour in said Fort and that he was then
Furloughed to go home & return again shortly
to the fort and on his Road home
he met with Capt. Godfrey Adams and enlisted.
as Stated in the first part of this declaration, in consequence of which he never
Received any discharge for the first
tour he served. He hereby relinquishes
Every claim whatever to a pension or
annuity except the present and that his
name is not on any pension Roll or
any agency thereof
.
Page 9

Sworn to & Subscribed before the Court aforesaid
the day & year aforesaid
Given to before in open court
3? January 1834
J. J. Erwin Clk
Benjamin  Spencer
his mark
After which the following Interrogatories were
propounded to said Spencer which he answered as follows
Question 1st Where and in what year were you
born answer I was born in Orange County
N. Carolina in the 1760
Question 2nd have you any Record of your age
and if so where is it answer I have a copy
of my age but have not got it with
me it is at my house
Question 3rd. Where were you living when you
was called into service & where have you
lived since the Revolution answer when I
first entered the service I was a resident of
Burke County N.C. Since the war I have lived
a part of my time in the State of Virginia
and a part of my time in Burke County
N.C. & am now living in Lincoln County
N. Carolina
Question 4th How were you called into
service were you a volunteer or drafted
a substitute answer the first tour
Page 10

I served which was three months, as I have before stated
was a volunteer the second tour Served I
enlisted in the S. Carolina State troops as I have
also stated in the Body of the foregoing Declaration.

Question 5th State the names of some of your principles
officers in the army under whom you served
the Revolutionary War answer Capt. Godfrey
Adams Capt. Moore Majr. John Mares
Middleton  Adgl. Luske Gen.l Sumter Genl
Green Maj. Bluford and in the Militia
Col. McDowell Capt Canley Majr. Brewood
Genl Davidson
Queston 6th Did you ever get a discharge &
if so by whom was it given answer I Did
receive a Discharge for my ten months service
by Maj'r. John Moore aforesaid I herewith
transmit the same

Question 7th what is the cause of your not making
your declaration in the County in which
you name Reside answer because Thomas
Smith with whom I served in the war lives
in Burke County & John Staney Sr. with
whom I was also acquainted with in army Reside
near Margantare in Burke County than
they do to Lincoln, whose Evidence
I was advised would be material
28 January 1834
Sworn to & Subscribed
 Benjamin X Spencer
J J Erwin Clk.
Page 11

State of N. Carolina
Burke County
This day personally
appeared in open Court in & for the County
& State aforesaid Thomas Smith & John Stamy
who after being duly sworn according to
Law saith on oath that they know Benjamin
Spencer who made the foregoing declaration
in the Revolutionary War & seen him in
the service of the US in Genl Sumpter's army
in the South Carolina State troops
Sworn to & Subscribed this 28th January 1834
[illegible]
J J Erwin Clk

his
Thomas Smith
mark
John Stamery
his mark

We John Godfrey a Regular ordained
Clergyman of the Methodist Episcopal Church
& Philip Warlick a Justice of the peace
Residents of Burke County N.C. hereby
Certify that we believe Benjamin Spencer
to be 73 years of age & that he has been
Generally reputed & believed to be a soldier
in the Revolutionary war and that said
Spencer is a man of veracity & [illegible] Sworn
to subscribed before in the Court
[illegible]
J J Erwin Clk.
John Godfrey
Philip Warlick
Page 12

State of North Carolina
Burke County
And the Court declares their
opinion after the investigation of the matter
and propounding the questions presented by the
war department that the aforesaid applicant
was a revolutionary soldier and served as
he states.
I Joseph J. Erwin Clerk of the Court of
pleas and quarter Sessions for the County and
state aforesaid do hereby certify that the forgoing contains the original proceedings in the
matter of the application of Benjamin Spencer
for a pension that John Godfrey is a minister
of the Gospel and that Thomas Smith, John
Slaney, John Godfrey and Philip Warlick whose
affidavits on above are resident citizens of
the County of Burke and are entitled to credit
In testimony whereof I have hereunto
at my hand and seal of office done
at Morganton this 31st day of January
AD 1834
J J Erwin Clk

[upside down mid text]
Benjamin Spencer
Page 13

Transmitted by
R C Pearson
Morganton
N C
Page 14

State of North Carolina
Burke County
On this 23d day of
May A.D. 1853 Personally appeared before
the Court of Pleas & quarter Sessions in
and for the County of Burke at the [illegible] in Morganton Mary Spencer a resident of S'd. County aged fifty one
years who being duly sworn according to
law doth on her oath make the following declaration in order to obtain the
benefit of the provisions made by the
act of Congress passed 3d Febry 1853.
that she is the widow of Benjamin
Spencer who was a Pensioner of the U.S.
under the act of 7th June 1832 that the
said Benj. resided in this (Burke)
County N C and drew a Pension
at the rate of fifty one 66/100 dollars which said Pension was payable at the agency for paying Pensions
in Fayetteville N.C.
she further states that the
was married to the said Benjamin
Spencer on the 29th day of March AD
1826 that her husband the aforesaid
Benjamin Spencer died on the 15th day
Page 15

of December AD 1842 one thousand
eight hundred and forty two. that she
was married to him at the time
above stated
she further swears that she
was a widow at the passage of the
act and is still a widow, and
that she has never before made
application for a Pension
Sworn to & Subscribed in open
Court date first above written
W. S. Sudderth Clk Co Co
Mary Spencer
her mark
I William S Sudderth Clk of the
Court of Pleas and Quarter Sessions
for the County of Burke Do hereby
certify that it has been made
appears to the satisfaction of the Court
of this County at its present Session
at the crt. Morganton on this
23d day of May AD 1853 that Mary
Spencer who made oath to the
contents of the foregoing Declaration
is the widow of Benjamin Spencer
dec'd. who was a Prisoner of the
Page 16

[illegible] under the act of 7 June 1832
that the said Benjamin and Mary
were married on the 29 March
1826, that the said Benjamin died
on the 15th Dec 1842 and that the
applicant Mary Spencer
is now and was at the passage
of the act referred to a widow
In testimony whereof I
have hereunto affixed
my seal of office and
subscribed my name 
the day and year last
above mentioned
W S Sudderth clerk of
Burke County Court
Page 17

38175
Claim for
County Land
Mary Spencer
Widow of
Benj. Spencer
Act 3d March 55

Transmitted by
R C Pearson
Morganton
N.C.
Page 18

State of North Carolina
County of Burke
On this 26th day of
March A.D. One thousand eight hundred
and fifty five personally appeared before
me a Justice of the Peace within and for
the County and State aforesaid Mary
Spencer aged 81 years who being duly
Sworn according to law declares that
she is the widow of Benjamin Spencer
deceased who was a Private soldier in the
War of the Revolution and who served
in the South Carolina Militia for the
particulars and evidence of which
she refers to his Declaration for a
Pension now on file in the War Department, he the said Benjamin having obtained a pension, and being inscribed on the Pension list
Roll of the Fayetteville NC Agency
at the rate of Fifty one 66/100 dollars per an:
 under act 7 June 1832.
She further declares that she
was married to the said Benjamin
Spencer in the County of Lincoln and
State of N.C. by one Michael Elwin Esq.
a Justice of the Peace
on the 29th day
of March AD 1826, and that her
name before her said marriage was
Mary Winkler that her said Husband
died at his residence in Burke Co
No Ca on the 15th day of Dec. 1842
for the evidence of which she refers
to the proof attached to her own
Declaration now on file in the Dept
Page 19

of the Interior under the act of 3d Feb
1853 She being a Pensioner of the US
under said act of Congress
She makes this Declaration for
the purpose of obtaining the Bounty
land to which she may be entitled
under act approved 3d March 1855
she also declares that she has
never received nor applied for
Bounty Land under this or any
other act of Congress and that the
is a widow at the date of executing this her Declaration
her
Mary Spencer
mark
Witness
W L Glass
J D Glass
Sworn to and subscribed before
me the day and year above written and I certify that I believe
the claimant to be the Identical
person she represents herself to be
and that I have no interest in
said claim
F. P. Glass J.P.
mark
State of North Carolina
County of Burke
On this 26th day of
March AD 1855 personally appeared
before me a Justice of the Peace in
and for the County and State aforesaid
W L Glass
and James D. Glass
residents of said County and State who
Page 20

who being duly sworn according to law
declare that they are personally and
well acquainted with Mary Spencer as
whom they saw make her mark
to the foregoing Declaration and that
they know her to be the identical
person therein represented and that
she is now a widow and they swear
that they are disinterested witnesses
W.L. Glass
J.D. Glass
Sworn to and subscribed before me
the day and year first above written
and I certify that W.L. Glass and
James H Glass
who have made
the above certificate and affidavit
a men of good character &
Respectable standing and worthy
of Credit and belief Given in
der my hand
F P Glass
-
Page 21

State of North Carolina
Burke County
William S. Sudderth clerk of the Court
of Pleas and Quarter Sessions in and for the County of Burke
in the State aforesaid, do certify that F. P Glass is a Magistrate
in and for the County aforesaid, and that the foregoing
Signature purporting to be his are genuine
In testimony whereof I have humbe
subscribed my name and affixed
my Seal of Office at Office in Morganton
on this 26th day of March 1853
William Sudderth Clerk
of Burke County Court
Page 22

Rev. & 1812 Wars Section
MMHF
January 5, 1827
Mrs. William Newsom
729 Jefferson St.
Tupelo, Miss.
Madam:
I have to advise you that from the papers in the Revolutionary
War pension claim W. 6158 it appears that Benjamin
Spencer was born in 1760 in Orange County, North Carolina.
He enlisted in Burke County (of which he was a resident),
North Carolina, date not stated, served three months as a private
in Captain Mordecai Clarke's Company, Colonel Joseph
McDowell's North Carolina Regiment, and in Colonel Warford's
Regiment, and on his return home in 1780 he enlisted and served
ten months as private in Captains Godfrey Adams and Waters'
Companies, Colonel Middleton's Second Regiment of South Carolina
State Troops, and was in two engagements with Tories, one
on the Edisto River and the other on the Saluda River, and was
in the battle of Eutaw Springs.
He was allowed pension on his application executed January
28, 1834 while a resident of Lincoln County, North Carolina. He
died December 15, 1843, or December 18, 1843 in Burke County,
Page 23

North Carolina.
Soldier married March 29, 1826 in Lincoln County,
North Carolina, Mary Winkler. She was allowed pension
on her application executed May 23, 1853 while a resident
of Burke County, North Carolina aged fifty-one years.
Respectfully,
WINFIELD SCOTT
Commissioner.
Page 24

1920 July 19 Hist to Mrs. Francis Kane
1921 Feb'y. 3 Guy M. Miller
1927 Jan 5. Hist to Mrs. Wm. Newson

Revy WIDOW, &c.
File No. 6158

Mary Spencer
Widow
Benja'n Spencer
Pr. Rev. War
-
---
Act: Feby, 23rd/53
Index:--Vol. M, Page 234
{Arrangement of 1870.}
Page 25


29 Jefferson St.
Tupelo, Miss.
November 1, 1926
Commissioner
Bureau of Pensions
Department of the Interior
Washington, D.C.

Dear Sir:
what information com I get
from
the pension granted
to
William, Jesse, Benjamin Spencer
of North Carolina Revolutionary
service, [illegible] their families etc.
Page 26


has William Spencer, (none of Tenn.) or Newar
Thorpe Spencer of
Tennessee granted
pension for Revolutionary services

yours very truly
Mrs. William Newsom

[sideways]
could not read this
so did not reply to it
nothing in N or S Spencer that
looked like it maybe Sharpe
Page 27

[stamp]
PENSION
     F
  NOV
U.   4    S.
  1926
OFFICE
Page 28

Telephone inquiry
Jan. 4. 1920
Spencer N. C. War. Rev.
to Guy M. Miller
Butana Motor Co -
Harrison Ave & Front St.
Butte Montana
Page 29

Mrs. Francis Hane
Marine Barracks
Navy Yard
Washington
D, C.
June 15, 1920. personal enquiry
send record of Benj. & Mary
Spencer of N. C. & S. C.  W C 138
Page 30

REVOLUTIONARY WAR RECORDS SECTION.
3 - 525
DEPARTMENT OF THE INTERIOR.
W. F. 6158 BUREAU OF PENSIONS.
Washington, D. C. ----, 19
In reply to your request of
received
a statement of the military history of Benjamin Spencer a
soldier of the REVOLUTIONARY WAR, you will find below the desired
information as contained in his (or his widow's) application for pension
on file in this Bureau.
DATES OF
ENLISTMENT OR
APPOINTMENT.
1780
LENGTH OF
SERVICE.
3 mos.
20 mos. 
RANK.
Pri.
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Mordecai Clark
Godfrey Adams
Waters
COLONEL.
Joseph MC Dowell
Warford
Middleton
STATE.
N.C.
S.C.
= =
==
Battles engaged in, with Tories on Saluda & Edisto Rivers & Eutaw Spring
Residence of soldier at enlistment, Burke County N. C. 
Date of application for pension, [illegible] 1834 his claim was al.
Residence at date of application, Lincoln County N. C. 
Age at date of application, born in 1760 Orange Co. N. C.
Remarks: died Dec. 15,1843 or Dec. 18, 1843*
in Burke Co. N. C. 
He mar. Mch. 29, 1826 in Lincoln County N. C. Mary Winkler She was al. pens on an app. of. May 23, 1853
While a res. of Burke Co. N.C. aged 57 years.

Respectfully,
Commissioner
3-2856
*As 3" and give his last date I could 
not determine which was correct
Eutaw Spgs. Sept. 8. 1781
Page 31

2494.
North Carolina
Mary Spencer
widon of Benjamin Spencer
who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate
51 dollars 66 cents per annum, to commence on
the 3d February, 1853.
Certificate of Pension issued
16th day of March 1867
and sent to R. C.  Pearson
Morgantown N. C. 
,
Recorded on Roll of Pensioners under act
February 3, 1853, Page 218 Vol. 11
J. N. Smith Clerk
sent
Page 32

New dec. Apl. 10.68.
Duplicate Certificate issued April 25th
1868. and sent to Pensioner care
of D.C. Pearson Esq Morgantown
N.C.
Page 33

N. C. and S.C.
Benjamin Spencer
Dis. M.
W. 618
Page 34

No. 2080
---
Mary Spencer widow of
Benjamin
Let.to agt.
Aug 25/53
Gray
Page 35

5107
160. Awy
Page 36

No. 38175
ACT OF MARCH 3, 1855.
Received Apr. 3, 1855
Benjamin Spencer
Rev. War
Warrant No. 5107-160-55
R C. Pearson
Morgantown
N.C.
Page 37

Brief in the case of Mary Spencer Widow of
Benjamin Private Rev. War
Burke County and State of North Carolina
Act 3. Feby. 1853.

CLAIM FOR NEW PENSION CERTIFICATE.
PROOF EXHIBITED,
The name of the pensioner was inscribed on
the Roll, H. March, 1867, at the rate of $51.66
pr annum, to commence 4th March 1861.
She now applies for a new Certificate,
alleging the loss of the original
H. C. Lauck
Examining Clerk.
Name and residence of Agent.
Pensioner Care of
D.C. Pearson Esq.
Morgantown
N.C.

C. R. Johnson
Page 38

Duplicate
2494
DEPARTMENT OF THE INTERIOR.
WIDOW'S PENSION.
I certify that in conformity with the 2d section of the act of
February 3, 1853,
Mary Spencer
widow of Benjamin Spencer
who was a private
in the Revolutionary War,
is inscribed on the Pension List, at the rate of Fifty one dollars and Sixty Six
cents per annum, commencing on
the 4th day of March 1861, and continuing for life, unless she should
again marry; in which case the Pension is not payable after the time
of such marriage Issued in lieu of certificate dated March 16. 1867.
Given at the Department of the Interior
the Twenty fifth day of April
one thousand eight hundred and Sixty Eight
W. T. Otto
Acting Secretary of the Interior.
Examined and countersigned.
Joseph H. Barnett
Commissioner of Pensions.
Page 39

arke 
Brief in the case of Mary Spin widow of Benjamin
Burke County and State of North Carolina
act of Feb 3, 1853

Claim (" original, or for increase.)
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance
Husband a private in Co. Militia 13 mo
and pensioner under act of 1832 at
$51.66 per annum
Allowed $51.66 per annum
(If for Increase.)
Commencing Feb 3 1853
Has additional evidence been filed since the admission of the claim? If so, what?
Marriage proved by certificate
of Record
Death " " [illegible] report
Identity & Widowhood " by
credible witnesses
Name and residence of Agent
R.C. Pearson
Morgantown
N. Ca
Examining Clerk
J L Gray
Page 40

Increase  2494
Brief in the case of Mary Spencer Widow of Benjamin
Private Revy War Morgantown Raleigh
Burke County and State of No. Carolina
Act 2d See Feb 3, 1853
CLAIM FOR NEW PENSION CERTIFICATE

PROOF EXHIBITED,
Pensioner at $51.66 per annum. Certificate returned
Claims increase as provided by Act 15th he
July 27, 1868
Personal identity and continued widowhood shown
Admitted April 6. 1869 to a pension at $96 per ann
to commence July 27, 1868 deducting pay since
Name and residence of Agent.
Mary Spencer
Care S. A. Bettis
Morgantown N. C.

W. E. Trask
Examining Clerk.
Page 41


Restoration 2494
Brief in the case of Mary Spencer Benjamin
Spencer
Burke County and State of No Carolina
Act 3 Feb 1853
CLAIM FOR NEW PENSION CERTIFICATE,

Revolutionary
PROOF EXHIBITED,
On the Roll of No Carolina of 51.66 per Annum
paid to March 4 1861 Alleges loss of old certificate
& claims restoration Legally - widowhood shown
Restored March 13 1869 to a pension at
$51.66 per annum
Commencing March 4 1861
continue during widowhood.
Name
and residence of Agent
R. C. Pearson
Morgantown
N C.
---
W. E. Trask
Examining Clerk
Page 42

State of N.C.
Burke County


On this 1st day of Febry. 1867
11
Personally appeared
before me R. C. Pearson one of the
acting Justices of the Peace
in and for the County & State
&
afore Isaac A. Pearson
and Alexander Duckworth who being
duly sworn declare on oath that they
have know Mary Spencer Widow of
Benj.; who was a soldier of the war
of the Rev. and a pensioner of the US.
and they are satisfied fully that
in no manner Shape or form did
the participate, take part aid or
encourage the late rebellion
she knew but little or nothing about
it and entertained no sympathy for those engaged in the
unfortunate struggle
---
these Deponent further swear
that they are perfectly disinterested and have no interest in
the result of this claim either
directly or indirectly
Page 43


Witness our hands & seal the day
and year first above mentioned
A. Duckworth
Isaac A. Pearson
-
I, R. C. Pearson, a Justice
of the Peace within and for
the County & State aforesaid
Do hereby certify that on this
1st day Febry A.D 1867 Isaac A.
Pearson and Abt. Duckworth appeared
before me
and made oath to the
contents of the foregoing
affidavit and in my
presence subscribed their
names to the same
Given under my hand &
Seal date above
R.C. Pearson J.P.
---
I
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Page 44

State of North Carolina
Burke County ⎬ I E. W. Dorsey Clerk of the Court
of Pleas & Carter Sessions for the County and State aforesaid
do hereby certify, that R. C. Pearson whose name appears to the foregoing affidavit, is now and was at the
time of Signing the same, an acting Justice of the Peace
of said County, duly commissioned and qualified as
such, and that the signature purporting to be his is genuine
In attestation whereof I have hereunto
Subscribed my name and affixed
the seal of said Court, at office in
Morgantown this 6th day of Feb. AD. 1867
E. W Dorsey Clk
Page 45

application of
Mary Spencer for
Duplicate Pension
Certificate
act of Feby 3d 1853-
[illegible] Mary Spencer
Care of D.C. Pearson
Morgantown J. O.
N.C
Page 46

State of North Carolina
County of Burke
Court of Pleas & Quarter Sessions
Spring Term 1868.
On this 4th day of April 1868 personally appeared
before the County Court of Burke County and State aforesaid
D.C. Pearson Esqr a resident of the said County, who being
duly sworn according to law declares, that he is a son
of the late R.C. Pearson dec'd. of the aforesaid County who
was the "quase" pension agent of Mary Spencer, widow
of Benjamin Spencer, and the Custodian of his pension
papers- That the said Mary Spencer was a Rev. Pensioner
of the U.S. under act of February, 1853, and her claim was
suspended in 1861. and by the aid of his father a certificate
of Restoration was obtained in 1866 or 67 and the arrears
due up to 4th March 1867 was drawn since which date
deponent thinks no payment has been made
Deponent further declares that the said Mary
Spencer applied to him in the early part of last month
to execute a power of attorney to draw the pension due
her on the 4th March inst. which could not be done for
the want of her certificate - That in November last, his
Father Agent as aforesaid, died, and since Mrs, Spencers
application, as aforesaid, he has carefully, and diligently
examined his Father pension papers for Mrs. Mary Spencer
a pension certificate and has not been able to find
it, and he is satisfied it is lost or mislaid, and cannot
now be found, and he now makes this affidavit and
application to obtain for Mrs. Spencer a duplicate Certificate
Subscribed and sworn to in open court
date above
Test
D. C. Pearson
E. F. Walker J.P. 

And I clerk of the Court
aforesaid do hereby certify, that the foregoing proceedings
Page 47

was executed before the Court, and that D.C. Pearson
Esq. who executed the same is a person of intelligence
and of the highest respectability and to his statements
is due full faith and credit
In testimony of all which I have here
unto subscribed my name, and affixed
my seal of Office at Office in Morganton
this 4th day of April AD. 1868
J. W. Dorsey Clerk
---
Page 48

Declaration for [illegible] of Pension
State of North Carolina
County of Burke ⎬ On this 20th day of January AD 1859
before me D.C. Pearson a Justice of the Peace within and
for the said County and State personally appeared Mary
Spencer, a resident of the County of Burke and State aforesaid
aged 67 years, who being first duly sworn according to law
declares that she is the identical Mary Spencer to whom was
granted pension certificate No 2494 payable at Raleigh N.C.
at the rate of $51.66 per annum Issued under the act of
the 3d February 1853. That she now makes this declaration
in order to secure the increase of her pension to which
she is entitled under the 13th section of the act of July 27th 1868 and further swears that she is still a widow. 
Mary  Spencer
her mark
My Post Office address is
Morganton, Burke Co.
Test. D. C. Pearson JP

Also personally appeared A. Duckworth Sr.  & L J Bettis
residents of Burke County, persons whom I certify to be
respectable and entitled to credit, and who being by me
duly sworn according to law say that they were present
and saw Mary Spencer make her mark to
the foregoing declaration, and they further swear that
they are personally acquainted with her and know that
she is the identical person she has represented herself to be in her said declaration, and that they have no interest whatever in her claim, and they further declare that
she is still a widow
A Duckworth
L J Bettis
Sworn to and subscribed before me after being read and
the contents being fully made known to all the parties thereto
this 20th day of January AD 1869. and I further certify that I
have no interest in her claim. The [illegible] above, and she
further swears was done before signing D C Pearson
Page 49

State of North Carolina
Burke County
I , Frank D. Irvin
Clerk of the Superior Court within and for
said County and State do hereby Certify that
D C Pearson Esq before whom and by
whom the foregoing declaration affidavits
and certificate has been made and proven
is and was at the time of executing the same
acting Justice of the Peace in and for
our said County. duly Commissioned
and qualified according to Law and
that the foregoing Signature purporting
be his are genuine and full faith and
credit are due all his official acts as such
In Witness whereof I have here
unto subscribed my name and
affixed my seal of Office at Office
in Morganton this 21st day of Jany
A.D. 1869
F.D. Irvin C.C.S.C.
Page 50

State of North Carolina
County of Burke
On this 1st
day of March A.D. 1866 personally appeared before me E W Dorsey Clerk of
the Court of Pleas and Quarter Session
the same being a Court of Record
Mary Spencer aged 64 years a resident
of sd. County of Burke who being duly
sworn according to law declares that
she is the identical May Spencer
widow of Benjamin Spencer and late
a Pensioner of the U.S. under act of
the 3d Febry 1853 at the rate of $51.66
per an: as would appear from her original Pension Certificate which she
has lost or mislaid and consequently
Cannot [illegible] the same Deponent
declares that she now resides in
Burke County where she has resided
since the 1 Jan 1861 as well as for
many years previous there to that her
means of support during this period
have been rather scanty but she
has been able with the aid of
kind Friends to get along without
suffering she declares that she has
not [illegible] against the United
Page 51

States or the Government thereof nor has she
in any manner encouraged the Rebels or manifested
a sympathy with their
cause to use her own expression "she was
doing well enough before the Rebel
[illegible] and was disposed to let well
enough alone"
she was last paid her Pension
at the Pension Agency at this
place Morgantown N.C. up to the
4th day of March 1861 since which
time she has rec'd. no payment on account of her pension
this application is made for the
purpose of securing a restoration of
her name to the Pension Rolls and
of obtaining a Pension Certificate
such as she may be entitled to under
existing laws reference being had
to the widowhood heretofore filed in
the Pension office to substantiate
her original claim
Sworn to & Subscribed the day
and year first above written
Witness
her
D.C. Pearson
E. P. Moore
Mary Spencer
her mark
Page 52

State of North Carolina
Burke County
On this 20th day
of Sept 1853 before the undersigned one of the
acting Justice of the Peace within & for
the County aforesaid personally came
Philip Warlick and Isaac F. Cannon
both residents of "Dromusing Creek Burke
County N.C. who after being duly sworn
according to law declare that they
were well acquainted with Benjamin
Spencer dec'd. late of Burke Co who was a
Revolutionary Pensioner, that they
have also known for many years
Mary Spencer his widow who is now
an applicant for a pension under the
act of Congress of the 3d Feb 1853
that the said Benjamin and Mary
were married about the year 1826
and lived together as man & wife
in the neighborhood where we reside up to the time of the death
of the said Benjamin which
took place about 14 years ago
the Widow says the 15 Dec 1842 of
the truth of which we have np
doubt- we further declare
Page 53

that the said Mary Spencer has
not intermarried but continues
the Widow of the aforesaid Benjamin.
 Sworn to Subscribed before me the day and year last above mentioned
Philip Warlick
J.F.C.
I R.C. Pearson a Justice of the Peace
within and for the County & State above
Do hereby certify that I am well
acquainted with Philip Warlick &
Isaac F Cannon who have subscribed
and sworn to the foregoing affidavit and that they respectable
persons worthy of credit- I further certify that from my own
personal knowledge of both
Benjamin Spencer dec'd. and
Widow Mary I Can safely
certify that the facts set forth
in the foregoing affidavit are true.
Given under my hand
this 20th Sept AD 1853
R.C. Pearson J. P.
Page 54

State of North Carolina
Burke County ⎬ I W S Sudderth
Clerk of the Court of Com Pleas for
said County. Do certify that R C Pearson
before whom the foregoing affidavit was sworn to and who has attested the same is and was
at the execution thereof a Justice of the Peace
in and for our County of Burke and his
official acts are entitled to full faith
and Credit
In testimony whereof I hereunto
set my name and affix my
seal of Office, Morganton Oct 6th 1853

W. S. Sudderth clk
Page 55

State of North Carolina
Burke County
I E W Dorsey
Clerk of the Court of Pleas &
Quarter Sessions in and for the
County of Burke in the State of
N.C. Do hereby certify that Mary Spencer was this
day duly sworn
by me to the contents of the
foregoing affidavit purporting
to the signed by her the
X or mark to which I certify was
made with her own hand
I certify in like manner
that the additional affidavit
made by Mrs. Esther Bowman
and Jane Berry are both [illegible]  well known that they are
credible persons and the content
of the foregoing affidavit was
duly sworn to before me
I lastly certify that I have
no interest either directly or
indirectly in the result of
this application for restoration of Mrs. Spencer's application
Page 56

for Pension
In Witness whereof I
have hereunto subscribed
my name and affixed
my seal of office
Done at Morganton N C
this 1st day
of March AD 1866
E. W. Dorsey clk.
P.S.
as the foregoing applicant
Mary Speer as well as the
witnesses in support of her claim
and unable to write I hereby
certify that the contents of the
affidavits to which they with
their own hands have made their
mark, was carefully read
over to them that I 
believe they fully understood
the same and I am fully
satisfied that the applicant is
the identical person she represents herself to be -Date [illegible]

E. W. Dorsey Clk
Page 57

Also at the same time personally
appeared Esther Bowman and
Jane  Berry residents of the aforesaid
County of Burke both of whom
are known to me Clerk as aforesaid
and whom I certify to be persons of character and respectability and credible witnesses and
that Esther and Jane being
duly sworn declare on oath that
they were present and saw Mary Spencer
his widow of Benjamin make
her mark to the foregoing affidavit or Declaration they further swear that they know of
their own knowledge that she
is the identical person she
represents herself to be that is to
say widow of Benj. Spencer
dec'd. who was a Rev Pens: of
the U.S. They further swear
that they have no interest in the
prosecution of this claim and
further these Deponent saith not
Witness
her
D. C. Pearson
E. P. Moore
Esther II Bowman
her mark
Jane  A  Berry
her mark
Page 58

OATH.
I, Mary Spencer Widow of Benj.
do solemnly swear that I have never voluntarily borne arms against the United States
since I have been a citizen thereof; that I have voluntarily given no aid, countenance,
counsel, or encouragement to persons engaged in armed hostility thereto; that I have
neither sought, nor accepted, nor attempted to exercise the functions of any office
whatever, under any authority, or pretended authority, in hostility to the United States; that
I have not yielded a voluntarily support to any pretended government, authority, power, or
constitution, within the United States, hostile or inimical thereto. And I do further
Swear that, to the best of my knowledge and ability, I will support
and defend the Constitution of the United States against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I take this obligation freely,
without any mental reservation or purpose of evasion; and that I will well and faithfully
so help me God.
observe the same

D.C. Pearson 
E. P. Moore
Mary Spencer
her mark
Page 59

Additional Evidence in
Mary Spencer application
for a duplicate Pension
Certificate Act 3d Feby 1853
[stamp generally illegible]
Report to Mary Spencer
Care of D. C. Pearson
Morganton
North Carolina
Page 60

APPLICATION FOR A NEW CERTIFICATE.
A blank space is left at the close of applicant's affidavit that the time, place, and manner of the loss or destruction of the
original certificate may be set forth.
The pensioner's oath must be supported by the evidence of another person as to identity. The witness must swear that he or
she well knows applicant to be the same person described in his or her affidavit, and the magistrate must certify that the
deponent is a person of veracity.
When a person acting as agent or attorney for a pensioner loses the certificate, the affidavit of that person duly
authenticated, is also required.
The official character and signature of the officer before whom the affidavits are made must be authenticated by the
certificate of the proper officer, under his seal of office; and in every instance where the certificate of the certifying officer who
authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate
must be attached thereto by a piece of tape or small ribbon, the ends of which must pass under the seal of office of the certifying
officer.
℗
STATE OF North Carolina COUNTY OF Burke, ss:
On this 16th day of April
1868, before the subscriber,
a Justice of the Peace
for said County, personally appeared Mary Spencer
who, on her oath, declares that she is
the widow of Benjamin Spencer a Revo. Soldier
who formerly belonged to the Company commanded by Captain
in the Regiment commanded by Colonel in
the service
of the United States; that her
name was placed on the pension roll of the State of
North Carolina; that she received a certificate of that fact under the
signature and seal of the Secretary of Interior;
which certificate, on or about
the
day of
1867, which certificate
she left in the hands of her agt. (R.C. Pearson late
Deceased of Morganton N.C.) and since his death in Nov
1867) She has applied to his Representative for her said certificate
and they report it cannot be found among his papers, and it is
regarded as lost
Sworn and subscribed to before me
the day and year aforesaid.
E F Walker
Mary Spencer
her mark
STATE OF North Carolina COUNTY OF Burke, ss:
On this 16th day of April 1868, before the subscriber, a Justice of the Peace
for said County, personally appeared
Samuel P. Tate who, on his oath, declares that he well knows Mary Spencer
who has executed the foregoing affidavit to
be the identical pensioner named therein.
Sworn and subscribed to before me the day and year aforesaid.
E. P. Walker
Samuel P. Tate
Page 61

State of North Carolina
Burke County ⎬
J. D. C. Pearson a Justice of the Peace in and
for said County, and a son of the late R C Pearson named in
the foregoing affidavit of Mary Spencer do certify that my
said Father was the agt. of the said Mary Spencer and held
her Penn Certificate as I verily believe and since his death I have
diligently examined his Pension papers and correspondence for
her said certificate, and have not been able to find it.
April 16th 1868
D.C. Pearson JP

North Carolina
Burke County
I. E. W. Dorsey Clerk of the County Court for the
County of Burke and State aforesaid do certify that E. F. Walker
and D.C. Pearson are Justices of the Peace as above and that the
foregoing signatures purporting to be theirs are genuine
Given under my hand and seal of Office this
16th day of April 1868.
E. W. Dorsey, Clerk.
Page 62

Pension Office
August 21/53
Sir
Please report time of
last payment to or death
of within named pensioner
Respectfully
F. Burt Esqr
and S. Cole
for [illegible]

Present
Benjamin Spencer
Act 1832 $51.66 p. an.
Died 18th Decr 1843, Paid
to his death
F Burt
Auditor
Page 63

2494
North Carolina
H.
Mary Spencer
widow of
Benjamin
who served in the Revolutionary
war as a private
Inscribed on the Roll at the rate of
51 Dollars 66 
Cents per annum, to commence on
he 3d February, 1853.
---
Certificate of Pension issued the
18th
day of Octo. 1853
and sent toR.C. Pearson
Morgantown
N. C.
Recorded on Roll of Pensioners under act
February 3, 1853, Page 138. Vol. A
Paid to Mch 4/61
(32)