Revolutionary War Pension and Bounty Land Warrant Application File R. 9,966, for John Spears, North Carolina
Page 1

(8-1776)

SERVICE
N.C.

Spears, John
            Martha

NUMBER
R. 9,966
B.L.Wt.7075-160-55

CONTENTS
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Vol. §-24.-

56.407 Act Mar 3/55
Apl. 9/55

Martha Spears Widow of Jno. Spears pri.
N.C. Militia
Revolutionary  War

Bounty
Ad 160 Acres Sept. 24/55
INVALID
Boynton

Rdw

wf ch 7075 of Sept. 29/55
Page 3

Application for a Certificate 
State of North Carolina Cumberland County
Be it known that on this 25 day of October 1812 came John Spears personally before me Nicholas Robinson a Justice of the peace for said County of Cumberland and on his oath declares, that he is the identical John Spears who served in the Army of the Revolution in the company commanded by Captain Israel Folsom in the Regiment commanded by Colonel Phillip Alston, that in consequence of wound & disabilities received whilst in the service of the United States, he was placed in the pension list of the State of North Carolina & was afterward transferred to the pension roll of the United States, that he is now entitled to a pension of Four 80/100 per month, but that he never received a certificate of that fact from the  War Department, & now makes this oath for the purpose of obtaining one. 
[Signature] John Spears X his mark
Sworn to & Subscribed before me this 25th day of October 1812
N. Robinson J.P. [Signature]
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State of North Carolina}
County of Cumberland}
Be it known to all whom it may concern, That Nicholas Robinson, whose name appears in his own proper hand writing to the within affidavit of John Spears, is and was at the time of the doing thereof a legally commissioned & duly qualified Justice of the Peace in for the county of Cumberland, and to his official acts let all faith & credit be given.
In Testimonium Veritatis, I John Armstrong Clerk of the court of pleas& quarter Sessions for the County of Cumberland have hereunto set my hand & affixed the seal of my office, in the Town of Fayetteville, on this the 20th day of November one thousand eight hundred and Twenty two.
Jno. Armstrong, Clk

[seal]
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36.407

No. 1.
Bounty Land Claim.
Act March 3rd, 1855.

Mrs. Martha Spears
Widow of John Spears

Rev. War.

Filed by John M. Rose
Fayetteville, N.C.
Printed at the Argus Job Office, Fayetteville, N.C.
Page 6

State of North Carolina,}
County of Harnett }
On this, the 23rd day of March one thousand eight hundred and fifty five, personally appeared before me, a Justice of the Peace, within and for the County and State aforesaid, Martha Spears, aged 88 years, a resident of Harnett Co., in the State of North Carolina, who, being duly sworn according to law, declares that she is the widow of John Spears, deceased, who was a soldier in the Company - commanded by Captain Israel Folsom in the    Regiment of the  war of the Revolution coanded by Col. Philip Alston in the war of the Revolution as will appear by reference to the files of the Department fully said. Spears in the Invalid Roll of Fayetteville N.C.
Sept. 4 1808 - service in said war for the term of 6 months & more, and was honorably discharged at ........................................... on or about ..................................
She further states that she was married to the said John Spears in Cumberland, on or about 46 or  of years since, by one Richard Huckabee, who was a Justice of the Peace in Cumberland Co., and that her name before her marriage was Martha Cook, and that her said husband died in Cumberland Co. No, Ca. (now Harnett County) 19 June 1828 and that she is now a widow, and that no record of her marriage exists, to her knowledge.
She make this Declaration for the purpose of obtaining the Bounty  Land to which she may be entitled under the Act approved in the Pension office when which he was placed on the Pension Roll as an invalid. Sept.4 1808 - at Fayetteville N.C. agency - 
[Signature] Martha Spears X his mark
Page 7

We, Jno. Atkins and Jno. L. Atkins residents of Harnett County, in the State of North Carolina; upon our oaths declare that the foregoing Declaration was signed and acknowledged by Martha Spears -, in our presence, and that we believe, from teh appearance and statements of the applicant, that she is the identical person she represents herself to be, and that we have no interest in this claim; and are not engaged in its prosecution.

[Signatures] 
Wit. name John Atkins
Wit. name Jno. L. Atkins

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 affiants to be credible persons, and that the claimant is the identical person she represents herself to be, and that I have no interest in this claim; and am not engaged in its prosecution.
[Signature] wit. name Arch'd Cameron, J. P.

State of North Carolina,}
County of Harnett}

On this the 23d day of March, 1855, personally came John Atkins, a resident of Harnett County, and made oath that he well knew Jno. Spears late a revolutionary Soldier of Cumberland County (now [illegible] part known as Harnett) that in his life time he & Martha Spears lived together as man & wife so acknowledged by the public generally that Jno. Spears is now dead & that Martha Spears is still his widow. and further, that he is is a disinterested witness.
wit. name John Atkins [Signature]
Page 8

State of North Carolina,}
County of Harnett}
On this the 23rd day of March, 1855, personally came Jno. L. Atkins; a resident of Harnett County and made oath that he well knows John Spears late a Revolutionary Soldier of Harnett formerly Cumberland Co. that in his life time he & Martha Spears lived together as man & wife & were so acknowledged by the public generally that Jno. Spears is now dead & Martha Spears is still his widow.
wit.name Jno. L. Atkins and further that he is is a disinterested witness.
The foregoing affidavits of Jno. Atkins and Jno. L. Atkins sworn to before me the day and year above written, and I certify that they are credible persons, and that I have, no interest in this claim and am not engaged in its prosecution.
[Signature] J.P. Name  Arch'd. Cameron J. P.

State of North Carolina,}
County of Harnett} I, B. F. Shaw, Clerk of the Court of Pleas and Quarter Sessions of said County, do certify, that Arch'd Cameron whos genuine signature appears to the foregoing affidavits was, at the time, a Justice of the Peace in and for said County, and that all his official acts are entitled to full faith and credit.
Given under my hand and official seal, this 30th day of March, 1855.
[Signature] B. F. Shaw, Clerk.
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North-Carolina.

John Spears,
Private, Revo'y. Invalid
Col. Alston N.C.
Inscribed on the Invalid Roll, at $4.80 per month. Formal Certificate issued 28 Nov. 182, and sent to D. A. Davis, Esqr. Fayetteville, N. C.

Increased to $8 per month from the 5th April 1826; new certificate issued and sent to Hon. J. Branch, Senate U.S. May 12th 1826.

see letter to Hon. J. Branch 18 Apl. 1826

Dead. See letter W. Montgomery H. 23 1838 -
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Declaration & Proofs
Martha Spears
Widow of John Spears.

Rev. War
act 3 Feb. 1853

Filed by Jno. M. Rose
Fayetteville N.C.
Page 11

State of No. Carolina}
Cumberland Co.}

On this the 12th day of June 1854. Personally came before me a Justice of the Court of Pleas Quarter Sessions, of said Co. Martha Spears to me well known, aged 89 years, a resident, of said County & State, 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 3rd day of Feb. 1853. granting Pensions to widows of persons who served during the Revolutionary war, that she is the widow of John Spears who was a Soldier in the Revolutionary war & was placed upon the Pension Roll Invalid Pensions for the North Carolina Roll at the rate of Thirty Six Dollars per annum commencing , She thinks Sept. 4 1818, but he was subsequently increased to Fifty Seven & 60/100 pr. annum Commencing 24 Apl. 1816 & again increased to to Ninety Six Dollars per annum commencing on the 3 Apl. 1826 - all of which will fully appear by reference to the papers now on file on the Pension office & which papers she now refers - 
She further declares that she was
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married to the said John Spears about the year 1810 by Richard Huckabee a Justice of the Peace in & for said County of Cumberland & that her said Husband died the 19th June 1828 that she was not married to him prior to the 2nd day of Jan'y 1800. but at the time above stated - She further declares that she is now a widow.
[Signature] Martha Spears X her mark

Sworn to & subscribed before me the day & year above written - & I hereby certify that the residence of Mrs. Martha Spears is 27 Miles from Fayetteville the  Court House of this Co. & that by reason of bodily infirmity she is unable to attend Court to make a declaration therein - & I further certify that I am not interested in this claim, nor engaged in its prosecution -
[Signature] Arch'd Cameron J.P.
Page 13

State of No. Carolina}
Cumberland Co.}

On this the 12th day of June 1854 Personally appeared before me John Atkins Snr. aged 89 years Cumberland Co. N.C. who being duly sworn according to Law makes oath that he well knew John Spears in his lifetime, & now knows Martha Spears his widow that his acquaintance with her commenced over 40 years since that they lived together as man & wife & were so acknowledged aby the public generally on Twenty years - till the death of said Jno. Spears in 1828 & that Martha Spears is still a widow & that he well knows that she is the widow of the identical John Spears who was a Pensioner of the United States, in the No. Ca. Roll, at the Fayetteville agency  - & he further swears that he is a disinterested witness.
[Signature] John Atkins

Sworn to & Subscribed before me the day & year above written & I hereby certify that the residence of Jno. Atkins Snr. is on 25 Miles from the Court House of this Co. Y that on account of his extreme age & infirmity it would be unsafe for his to appear at Court in person to make this affidavit - & I further certify
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that I m not interested in this claim nor engaged in its prosecution & I certify that Jno. Atkins Snr. is a reliable witness - 
[Signature] Arch'd. Cameron J. P.
Page 15

State of No. Carolina}
Cumberland Co.}

On this the 12th day of June 1834 Personally appeared Jno L. Atkins Jr. to me well known & made oath in due form of Law that he well knew Jno. Spears in his life time & now knows Martha Spears his widow that in the life time of said 
Spears they lived together as man & wife & were so acknowledged by the public generally - that said John Spears died in the year 1828 & that Martha Spears is still a widow & that he well knows that she is the widow of the identical John Spears who was a Pensioner of the United States at the agency at Fayetteville - He further swears that he is a disinterested witness
[Signature]  Jno. L. Atkins

Sworn to before me the day & year above written and I hereby certify that Wm. L. Atkins is a reliable witness & I certify that I am not interested in this claim nor engaged in its prosecution.
[Signature] Arch'd. Cameron J. P.
Page 16

State of No. Carolina} I John McLaurin Clk of the 
Cumberland Co.} Court of Pleas & Quarter  Sessions of said Co. do Certify, that Archibald Cameron whose genuine Signature appears to the foregoing, declaration of Martha Spears & the affidavits of Jno. Atkins Sr. & Jno. L. Atkins Esq. were at the time of subscribing the same one of the Justices of our said Court of Pleas & Quarter Sessions & that all his official acts as such are entitled to full faith & credit - & that said Court is a Court of record having general Jurisdiction.

And I further certify that the following is a true copy of ta bond on file in the office of said Court upon which a marriage license issued which the laws of No. Carolina did not require any further action, to legalize said marriage, that no other 
record was then kept of marriages in this State.

State of No. Carolina}
Cumberland Co.} Know all men by these presents that the John Spiers &. Richard Huckaby Esq. are held & firmly bound unto the  Governor as his successors in office in the full sum of Ten Hundred Pounds
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"Current money to be paid to the said Governor, his Successors or assigns for the which payment in bond  [illegible] our Secy. Executors & administers jointly & severally firmly by these presents. Sealed with our Seals & Dated this 5 Day of March A.D. 1810
The Condition of the above obligation is such that, whereas the above burden John Spears hath made application for a license for a marriage to be celebrated between him & Patsy Cook of the County aforesaid. Now in case it shall not appear hereafter that there is any lawful cause or impediment to obstruct the said marriage then the above obligation to be void otherwise to remain in full force & virtue
[Signature] Richard Huckabee [seal]
Signed Sealed & Delivered in presence of Robinson Mumford [Signature]

Given under my hand & the Seal of said court this 13. June 1854
[Signature] J. McLaurin Clk
[Seal]
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THE STATE OF NORTH-CAROLINA.
To all to whom these presents shall come, GREETING.
It is hereby certified and made known, that George Luther, whose signature appears to the annexed certificate, as a Justice of the Peace, was [missing] at the time of signing the same and now is having been duly Commissioned:

And that full faith and credit is due, and ought to be given, to his official acts as such.

In Testimony whereof, I, HUTCHINS G. BURTON, Governor &c. have caused the great seal of the State, to be hereunto affixed, and signed the same at the City of Raleigh, on the 8th day of April in the year of our Lord eighteen  hundred and twenty-six and in the 50th year of American Independence.
[Signature] H. G. Burton

Governor, 
Jno. K. Campbell, Private Secretary

[stamp - THE NATIONAL ARCHIVES OF THE UNITED STATES]
Page 19

John Spears
late Pensioner
Martha Spears his widow
will be
73 years of age 15th Dec 1838
Page 20

John Spears a pensioner was transferred from the pension list of the State of North Carolina to that of the United States on the 4th September 1808- as appears by the Books of the Comptroller's Department N. Ca -
Some few years before his death I took steps to have his pension raised to $96 Dollars instead of a much smaller sum which it had been placed at on his being first entered on the pension roll of the United States - which was done commencing from the time of the application which will no doubt appear by the proofs and certificates now on file I presume in the office of the Pension Agent Mr. Edwards - 
At the time that Spears' pension was increased his disabilities to render any aid either for his own or his families support had increased and his pension should have been increased from the commencement at least of his total inability to render such aid- This I have informed at the time could not be done without an application to Congress - and there was not time for further arrangements to be made in order to make the application before the adjournment of Congress - this was during the time Governor Branch was in the U.S. Senate who was kind enough to attend to the matter form my Sister, who is the widow of Spears left her extreme indigent and now in her seventy third year of age. -
The object of this is to request the favor of Mr. Burt to see W. Montgomery and Judge Strange, and endeavor to have something done for her - she is at present from what I can learn in distress and I am not able to assist her or this attempt would not be made - I once wrote to Mr. Montgomery on this subject but was never favored with any reply from what cause
Page 21

I have yet to learn - By an examination at the pension office the time of Spears' death the date of the increase of his pension and the proofs &c can be seen I presume - Mr. Burt has some knowledge of the situation of Spears before his death and is I believe personally acquainted with his widow - who resides in Cumberland County N. Ca. and can say something as to her present situation and circumstances. She has a life interest in spot of poor land I believe without any house on it to live in. this I presume to be the case form an application that was made to me some time in the course of the past year to render her assistance in building a House on the land to Shelter her - which I was not in a situation to do - I know not what designation of troops Spears belonged to - I only know that he was very lame when I saw him - and that it was said his lameness was occasioned by a wound received during the Revolutionary War - and that from the efforts of this would he ultimately become totally unable even to move himself from his bed without assistance and so remained for some years previous to end at his death - 
My Sister's situation is one which ought to be relieved if possible - and I had hoped there was some law in existence intending aid to such cases - but have never been able to ascertain - if there be she ought to be entitled to the benefits from the time of Spears' death - which the pension Rolls will show - if not I could wish the case carried before Congress by petition or memorial and if there be anything beyond what is here stated and what Mr. Burt can State, necessary to be done to obtain such and for her as her situation demands - I will attend to it here as far as in my power and forward the requested proofs &c to Judge Strange or Mr. Montgomery -
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Mr. Burt's attention to this matter will conform me as well as on an aged and indigent widow - 
Respectfully,
C. M. Cook [Signature]
Raleigh N.C. 6th April 1838.
Page 23

9966
P.O. Martha Spears
Service:

Enlisted: _____________, 18
Discharged:_______________, 18
REJECTTED.

Application filed:_______________,18

Alleges: __________________________
Re-enlisted: _________________________

Attorney: ___________________________
P. O. _____________________________
___________Recognized. ___________Contract
___________Cert. of Dis. Searched for ___________,18
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X'd out
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INCREASE OF PENSION.

United States.

North Carolina DISTRICT, SS.

To Doctor John H. Hawkins - of Haywood in Chatham County and Doctor Thomas Cottrell - of the said County of Chatham or o Cumberland , the adjoining County - in said district.
Pursuant to an act of Congress of the United States, passed the 4th of February, 1822 entitled "An act to revive and continue in force 'An act to provide for persons who wee disabled by known wounds received in the Revolutionary war, and for other purposes," you are hereby appointed and authorized to examine John Spears who is inscribed on the Pension List of the United States, and is claimant for an increase of pension, conformably to the 5th section of the act of the 10th April, 1806, your opinion of the nature of his disability, and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in premises you are to be regulated a governed by said act.
Given under my hand an seal, at Fayetteville, in the district aforesaid in the year one thousand eight hundred and twenty six.
[Signature]  H. Potter D.J.U.S.N.C.

[Seal]
Page 26

Chatham County No. Ca
5th April 1826.

Agreeably to a Commission to from Henry other District Judge MS for No. Ca. we have this day waited on John Spears of Cumberland County and State af'd. to ascertain his situation as respects his bodily infirmity &c. and make the following report of facts as far as we have been able to collect them - It is known to one of us that he is disabled from all labours from a wound received (as he has hereunto alledged in Moore Cty. No. Ca. during the revolutionary War, - But at this time his mind is so impaired by disease and old age that he cannot now give a correct account of his situation. He now labours under palsy - his left knee is perfectly stiff and wears the scars that account for its stiffness - From the best testimony we have been able to collect - he is upwards of Eighty years of age - 
[Signatures] Jno. H. Hawkins.
Thos. Cattrell

Sworn to before me.
Geo Luther J.P. [Signature]
Page 27

Fayetteville No. Ca.
March 17 1855


Hon'l L. P. Waldo
Your letter Mach 8th before me I regret that my proof is not satisfactory in Mrs. Martha Spears (widow of Jno.) Case - 
The proof filed recites Jno. Spears Service in Capt. Folsom's Co. not quite 6 mos. then there are other Services, in Co. Not name so accurately as the Folsom Service, - which makes up the 6 mos do you throw that out - besides that included is the Certificate I saw myself on the books of the Comp'r. sums paid to John Speer - John Sper & Jno Spear making a long service, but I did not have it included because of the different spellings of the name but I know from tradition that he Served through the whole war - Should I get another Certificate wired you then it out - as to the identity of the widow as the widow of Jno. Spears who was on the Invalid Roll I think my last letter must have removed that - if not I can now produce evidence from the Treaty. Dept. of N.C. Showing
Page 28

that she is in receipt of a Pension from N.C. as the widow of John Spears who was the identical Invalid Pensioner -- 
Is she not entitled to Bounty Land anyhow - 
Jno. M. Rose [Signature]
Page 29

Fayetteville 26 June /55

Hon'l. L. P. Waldo

I sent a book some two or 3 weeks since a History of Revolutionary Scenes in this (Vicinity) & in the book put a letter relating to Martha Spears application for Pension as the widow of Jno. Spears who was in his life time an Invalid Person at Fayetteville Agency. I am fearful the book may have been  looked at - and laid aside without Seeing the letter - 
I am so much interested in the old woman's case (aside from fees)  as to be very anxious - Will you  please give it an early chance to be heard
J. M. Rose [Signature]
Page 30

Pension Office 
April 18, 1833. 

Sir,
If Mrs. Martha Spears is a pensioner of the state of North Carolina, it is advisable that you file in this office the evidence upon which she is pensioned.
I am respectfully,
Your Obt. Srvt.
L. P. Waldo
Commissioner.
Page 31

Pension Office
March 8, 1855.

Sir,
The claim of Mrs. Martha Spears, for a pension as the widow of John cannot be favorable considered until proof is filed that he husband served at least six months in the War of the Revolution.
The Certificate of the Comptroller of North Carolina, now upon file does not establish a service of six months & it is not certain that it relates to the husband of the applicant.
I am respectfully
Your Obt. Srvt. 
L. P. Waldo [Signature]
Commissioner.

Jno. M. Rose Esq.
Fayetteville,
N.C.
Page 32

Fayetteville, N.C.
May 23, 1855

Hon'l. L. P. Waldo
I enclosed your letter of 12 Apl. to the Secy of State of NC & enclose a letter to me in answer thereto.
You will perceive that the Secy. cannot find any evidence upon which she was placed on the roll nor is there any papers generally filed.
I have been a clk of our General Assembly & as such know how this State pension cases are generally got on the roll, some member brings in a petition unsupported by any evidence & on his motion the petition is at once put on the roll - 
In this case there was the fairest field Old Mr. Spears was engaged in a celebrated tory fight with Col. Fanning & wounded - the House in which they were attached was riddled with balls & is now kept as a memento & shown to all Strangers who are on the look out for Curiosities & this it was a prominent case - Should L P. Waldo with this I enclose as a present to "Carruthers Old North State in 1776" on page 180 to 190 included is an account of the Battle in which Mr. Spears was reputed to be
Page 33

Book is altogether very readable-
I have written to Hon'l J. C. Dolbin to ask for the names of the witness full the parties in the Spears case personally known to him - he can say sundry fumble of this
[Signature] Jno. M. Rose
Page 34

Fayetteville No. Ca.
June 133 1854

Hon'l L. P. Waldo

Herewith enclosed is the declaration (& endeavor to support the same), of Martha or Patsy Spears widow of John Spears (late a Pensioner of the United States) under act Feb. 3/53.
Yours &c
Jno. M. Rose [Signature]
Page 35

rep & Co: over 20 yrs: 2 wit: & cop: of bond for S. Case
Dis. 19 June 28: 2 wit - :
Dis: & [illegible]: 2 wit - :

$20.90

"Boynton"

16.7.6.
20
________
8 | 3327.5
_________
20 | 40.9375
                  3
_______________
20| 122.8125 | 6.4
       120
_______________

8125
     30
_________
20843750|4.
80
____
43

63
63
____
40

30 |666
       60 | 29
        66
Account When Rose is heard from. Pens. Claim in Dec: in 1816
that he served in Capt. Israel Folsom: Comp'r. then
Comp: Cert: shows that fact.
"Boynton"
Page 36

Department of State
Raleigh May 24th 1855.

Dear Sir

I have examined carefully the records of this office and also those of the Treasury and find nothing in relation to W. Martha Spears except that the Treasurers books show that she is paid as a pensioner, the evidence on which she was placed on the list I can not find - A constant prep on this office must e my excuse for so long a delay in answering your letter. Enclosed is the Commissioners letter - Very respectfully
[Signature] Rufus H. Page

Jno. M. Rose, Esq.
Fayetteville
N.C.
Page 37

Fayetteville No. Ca.
Feb. 10/55

Hon'l L. P. Waldo

I have the honor to acknowledge the receipt of your letter of 5 Inst. in relation to the Claim of Martha Spears for Pension under act Feb. 3/53 as the widow of John Spears late an Invalid Pensioner of the United  States, at Fayetteville Agency - 
I beg leave to ask you to send in Connection the original declaration of John Spears when he was first put on the roll wherein he claims service in Capt. Folsom's Co.  then to the declaration of Mrs. Spears wherein she sets forth & proves her widowhood of the identical John Spears who was a pensioner & then the Comptr. Certificate shewing service in Folsom's Co. & I think will agree with me that the case is complete & perfect.
The place where Spears was wounded
Page 38

& the battle is of great notariety - the building then Col. Alstons, is now owned & accepted by Dr. Chalmers one of our Wealthy Citizens  & the bullet holes are to be seen in the entry & the name of  Spears as one of the wounded here is in our history of the times - when Spears died (having been named after 1800 & therefore his widow not entitled to pension)  the Legislature of NC passed a law making her a State Pensioner  & she now receives it - 
Spears served a long time in the  Revolution, but I did not attempt to show further service due that on the Compt'r. Certificate as you only asked me to shew 6 mos.
Your &c.
Jno. M. Rose [Signature]
Page 39

Summerville N.C. March 300th 1853

John M. Rose Esq.

Dear Sir
The County of Harnett has not received the Seal from the Government yet. If it will do for you to put a seal to the pensioner papers please do so. I expect to get a seal for this county in a few days.
Yours ruly
B. F. Shaw
A.C.C.
Page 40

Fayetteville No. Ca.
Oct 17 1856

Hon'l. J. Minot

I beg leave to refer to your last letter in relation to the application of Martha Spears widow of Jno. Spears act 3 Feb. 1853, letter dated Nov. 12 1855 -
I filed a Certificate of the Comp'r. for a payment of 13£ 10 S for Services in Capt. Folsom's Co. in name of Jno. Spears & also 2£ 1 S 1 d in name of Jno. Speers
You ask me to show that the Jno. Speers who rec'd the 2£ 17S 5 D was the same person to whom was paid the £13 10S while in Raleigh at the State fair this week I have procured an additional Statement from the Comp'r. & herewith enclose it - 
The only perfect pay roll was that of Capt. Folsom's when he returned the names & amts. due to each of his soldiers in a particular town & in which appears the name of Jno. Spears & the amt. due Spears line as £13-10S. there was another payment in another & very different book of £13 10S but the comptroller was unwilling to give me a certificate including both of £13.10
Page 41

for four day were the same payment, he had then only been elected to office 2 weeks & was unaccustomed to the Books - I differed naturally with him & have not now the remotest idea that they are the same payments but totally different. & his to this he refers as latter clause of his present certificate

We have made a very careful re-examination & he is fully satisfied that the Jno. Speers receiving £2-17-6 is identical with Jno. Spears receiving the £13-10- as we find the names of the Same persons spelled in different ways throughout the Comptrollers Rev. Books.

Mrs. Martha  Spears has been on State Pension 20 or 25 years but the papers upon which the pension was allowed cannot be found in either of the offices of the State Capital.

The original papers upon which Jno. Spears was put on the Invalid Roll in 1808 was destroyed in 1814 & no reference can be had to  them
Page 42

Mr. Spears was a prominent man in this County - & the action in which he was wounded & for which he was pensioned was a very notorious one - the fact of his being wounded is an Historical one, I forwarded the the department Mr. Carruthers, "Old North State in 1776". Containing a full account of the battle & in which Mr. Spears name is mentioned - taking all these facts - I don't see the Department can be far wrong in allowing the old woman the little pittance for the Balance of her few days.
Do review the case & see if the Claim cannot be conscecuently allowed.

[Signature] Jno . M. Rose
Page 43

State of No. Carolina
Treasury Department
Oct. 29 1855

I, Daniel W. Courts Public Treasurer of the State of No. Carolina do certify that Martha Spears of Cumberland Co. No. Ca. is  Pensioned of the State of No. Ca. that the first payment was made to her in June 1835. & they have continued to be paid to her to the present time.

Done in the City of Raleigh the day & year above written.
D. W. Courts 
Public Treasurer [Signature]
Page 44

No. 5.457
Martha Spears.
Wid. of John
Sent. to Jno. M. Rose. Feb'y 5"/55

AAB
Page 45

Fayetteville
Apl. 6/55

Hon'l. L. P. Waldo

In enclose declaration of Martha Spears for Bounty Land.
You will perceived that the Clk's Certificate is without Seal - the new County of Harnett was made out of a part of this County (Cumberland) by the last Legislature & has not as yet been supplied with a seal. I enclose Clk's letter o that fact & under the circumstances I hope you will make it Correct

[Signature]
Jno. H. Rose
Page 46

Fayetteville No. Ca.
Apl. 7, 1855

Hon'l. L. P. Waldo

Your letter 28 Mach 1855 in relation to Martha Spears claim for Pension act Feb 3/53 before me - by some means I have misplaced from my files, your former letter stating the objections to allowing the claim & I shall again have to ask you to restate plainly the objections - 
My own recollection of the claim is this I filed for Pension for Martha Spears as Widow of John who was long an Invalid Pensioner of the roll at this agency as wounded in Capt. Folsom's Co. Col. Phil Alston's Reg't & you stated that as John Spears was pensioned for wounds and for length of Service, would be necessary to prove 6 mos Service - I supported the original claims by evidence of Jno Atkins Snr. & Jno. L. Atkins proving that the John Spears the actual Invalid Pensioner lived together as man and wife for many years previous to his death & were acknowledged as such by the public generally
Page 47

that he was dead & she still a widow - I filed the comp'r. certificate of 6 mos. Service in Capt. Folsom's Co. Alston's Reg't for your office had admitted his service by pensioning him as an invalid I though I had sufficiently connected the evidence to make the case perfect - You will find as I was informed by a letter from you that by John Spears original declaration that he was in Folsom's Co. I can ow establish the fact that she draws a State Pension from NC as his widow - the wounding of Spears is so notorious & the celebrated fight in which it occurred are known to the School boys about here, & are noted facts in our Tory warfare & I can sow it all -
Please state exactly your objections & what you want me to substantiate by evidence & I can do it.  I regret to trouble you again but I have lost the String of the case
[Signature] Jno. M. Rose
Page 48

Martha Spears
Page 49

Pension Office
July 5, 1855

Sir

Enclosed you will find instructions relating to applications for pension under the 2nd Section of Act of July 3, 1833.
If Mrs. Martha Spears is desirous of being pensioned she should prove her husband's service. The Certificate of the Comptroller of the State of North Carolina relating to the service of one John Speers is not satisfactory as to the amount of service rendered. If Mrs. Martha Spears claims for the service certified to us aforesaid she must identify her husband as the person who performed such service. Her claim should be proven n accordance with the enclosed instructions.
I am respectfully
Your Obt. Srvt.
L.P. Waldo
Commissioner.

Jno. M. Rose, Esq.
Fayetteville
N.C.
Page 50

Comptrollers Office
Raleigh Jan 30/55

Hon'l. L. P.  Waldo

I enclose the Comptr. Certificate in Case of Martha Spears act Feb. 3/53 who is the widow of Jno. Spears who was a Rev. Soldier & for many years on the Invalid Roll of Fayetteville agency. I presume this certificate sufficiently [illegible] to place her on the Roll at $96 per annum from 3 Feb, 1853 -
Send certificate to me at Fayetteville -

Jno. M. Rose
of Fayetteville N.C.
Page 51

State of North Carolina
Comptrollers Office 
I Geo. W. Brooks Comptroller of the Public Accounts in and for the  State aforesaid, do hereby certify that it appears of record in my office among the payments made by said State to sundry persons for military service in the revolutionary war as follows to wit,
John Spears
Book Wm. No. 2 page 12, £13.810 allowed for Militia Service by the Auditors of Wilmington District, and that said John Spears belonged to Capt. Israel Folsom's Company Book No. 26 Page 26 J. Speers was paid £2,817.6 (A difference in the orthography of the same names sometimes occurs open the Book.) Book S 26, page 4 shows a payment to John Spears of £13.10 the dates being lost it is not evident whether it be the same with that quoted phrase.
In Testimony of which I hereunto subscribed my name and affix my seal of office on the 30th day of June 1855
[Signature] Geo. W. Brooks Compt.
[seal]
Page 52

I have filed the Comptr.'s. Certificate, in Case of Martha Spears widow of Jno. Spears certifying to a payment of £13 10Ah. & also £2.17.6-
Will you refer to his Certificate & give me the reference as to the book & page in which the payments of £2.17.5p6 is found by his book -, it will save me a deal of trouble in finding it again in the Comptrollers office.
I wish to see if I cannot comply with your letter Oct. 28/56

[Signature] Jno. M. Rose
Page 53

Pension Office
June 29th 1854
Sir,
The claim of Mrs. Martha Spring for a pension as the widow of John, has been received, examined and suspended.
The claimants husband having been pensioned as an Invalid & not for service, she is not entitled to such pension. The applicant would be entitled to the pension her husband drew, provided he had been pensioned for a term of service in the "revolutionary army": any other pension she is not entitled to, If the claimant can prove that her husband served six months or more in the war of the revolution: upon the filing of such proof her claim would be favorably considered.
I am respectfully
Your Obt. Srvt.
L. P. Waldo [Signature]
Commissioner.

Jno. M. Rose, Esq.
Fayetteville N. C.
Page 54

Fayetteville No. Ca.
July 25 1854.

Hon'l. L. P> Waldo Esq.

I filed a declaration for Pension under act Feb. 3/53 for Martha Spears widow a Pensioner who was on the Invalid Roll at this agency, & died some years since & the claim was suspended because he was pensioned as an invalid not for length of Service. Your requirement to show 6 mos. Service - in order to prevent unnecessary trouble to me in searching the records of the Comptroller, office at Raleigh of it is not continuing to the Rules of your office. I should be glad to know in where Co. the pensioner, rendered Service - it will and we are finding the name & as he was so long a Pensioner the office cared how no doubt & I think ought to be willing to aid his old widow this much on establishing her claim - 
Yours &c
Jno. M. Rose [Signature]
Page 55

Fayetteville No. Ca.
30 Oct 1855

Hon'l. J. Minot
I beg leave to enclose the Certificate of the Public Treas'r. of No. Ca. in relation to Martha Spears of this Co.
I think you cannot longer withhold the Certificate of  Pension in her case, this will complete all & every lack of the claim of evidence. I beg leave to restate the case, & reconstitute the facts.
John Spears was wounded in one of the most memorable battles in our State & was placed on the Invalid Roll, Sept 4 1808 at $36 pr annum, Subsequently Apl. 24 1816 raised to £5/60 pr annum Apl 5 1826 raised to $96 pr annum, & continued at that sum to June 19 1828 when he died - The papers in the original application were destroyed in Washington, y fire, & we are left in the dark as to the original papers as only the subsequent ones are on file in your office - 
Martha Spears having married him after 1800 was not entitled as his widow until
Page 56

Act Feb 3 1853
After the death of Mr. Spears (no pension being made for the widow) by the United States) application was made to the State of No. Ca. & she was granted a very small pension, & continues to draw it - 
I applied for her under Act Feb. 3/53 & am informed that as Jno. Spears was pensioned for wounds and length of Service it would be necessary to show 6 mos Service & I therefor filed the Certificate of our Comptroller showing 6 mos Service.
I think you will find her declaration full & ample - her proofs of identity & marriage full & complete not only as to this case but in an application for Bounty Land under Act March 3/55, whereas you have issued to her land warrant No. 7075 for 160 acres. thus admitting her widowhood.- 
This is one of the most mentioned cases I ever knew - she is of good character as well as all her virtues, & there can e no mistake,
Page 57

I will thank you to renew the whole case & give me the certificate. I think of Mr. Cole in whose department this case, belongs will look at all the papers & will be at once allowed.

[Signature] Yours &c
Jno. M. Rose
Page 58

7075



160 Acres
Page 59

Comptrollers Department
Raleigh au't. 12th 1856

Jno. M. Rose Esq'r.
Fayetteville N.C.

Sir
In compliance with your request I submit this in explanation of my Certificate in case of Jno. Spears Service in the Revolution viz. The payment to J. Speers, in Book 26 Page 26 - of £2..17..6 was in my opinion at the time to the same man "Jno. Spears
 notwithstanding the difference in the orthography, my opinion is now more confirmed, as I know the same name & class differently spelled in essentially places in the Books. There is above another payment to Jno. Spears I regarded as being identical with that of Book W2. Page 12, ad omitted it in my certificate, It may however be a distinct payment, at least the probability strengthens the record in favor of the said "Jno Spears".
[Signature] Respectfully &c
Geo. W. Brooks Comp'r.

P.S. You can submit this as additional evidence,
Page 60

50
J. L. Edwards Esq.
Chief Clerk. Pension Office War Dept. 
Washington

Rec'd Nov. 25 1822
For new certificate

[stamp - FAYETTEVILLE NC NOV 21]
Page 61

Fayetteville 21st Nov. 1822

Sir

Enclosed I again hand you the application of John Spears with the necessary proof of Nicholas Robinson's being a Justice of the Peace.
Respectfully
Your Obt. Srt.

D.A. Dava [Signature]

J. L. Edwards Esq.
Page 62

Senate Chambers
April 174th 1826

Sir
Under an impression that the application of Spears for an increase of pension is sustained by a compliance with all the requisite legal formalities. Once furthermore as it is abundantly evident from all the documentation that he disabilities are of long standing & of the most egregious character, I indulge the confidant hope that his case will receive the most favorable consideration of the Government and that his increase of pension may have a retrospective operation to the full extent of the practice & powers of the pension Department.
The Chairman
Page 63

of the committee on pensions in the Senate induce me to expect that it will run at least from September last with the highest respect, I have the honor to be your Obt. Srvt.
Jno. Manch [Signature]
Page 64

Raleigh 9th March 1826

Dear Sir,

I have been fortunate enough to procure a Certificate from the Doctors reporting the situation of the old man Spears and whether  he is in proper form or not, I cannot tell nor could they as you will see by the letter of Doctor Hawkins to me on the subject - which I have taken the liberty to forward with the papers. There was among the papers which you wee good enough to send to me - One which I could not find out for what purpose it was intended. I sent it to Judge Potter with a request that he would if possible explain its use but he could not -  had supposed it was to the form to be used by the Doctor's - but on reading it appeared to be in the first person singular - and the act of Congress requests two - I have marked it A and return it - as the Court did not use but returned it to me as I sent it to them - I fear I may be troublesome but trust to your forbearance, as it is in what I term a good cause - one in which our best feelings and sympathies should be interested - 
Respectfully & truly
Your Obt. Humb'e. Srvt.

M Cook [Signature]
Page 65

Mark Cook Esq'r. 
Raleigh No. Ca.

Dr. Hawkins
Page 66

Haywood 5th Apl. 1826 -

Dear Sir.
After two ineffectual attempts I this day procured  the attendance of Doct. Cottrell at the house of Jno. Spears - I send you by my brother all the papers sent me by Doct. Luther, also the Certificate of the Doc. & myself - he had no form furnished as, by which to draft one, I have therefore only stated such facts as came out in the examination - I however hope it will answer & that you may have time to forward them before the Close of Congress - 
Should there be any errors in our proceedings, it should be rectified & sworn as we are [illegible] acquainted with it, or if some serve the old man in any other way that service should be rendered most thankfully - 
I am sir
yours very respectfully
Jno. H. Hawkins  [Signature]
Page 67

H R 24th Feb'y. 1837

Sir
Inclosed is the letter of a Mr. Cook of N.C.  please Examine the Case & report it to Hon'l. M. Strange or myself.

Yours
With Great Regard

W. Montgomery

J. L. Edwards Esq.
Com. Pensions
Page 68

To what time was John Spears an Invalid of N. Carolina, last paid?
J. l. Edwards
Apl. 23. 1838

Died 9th June 1828 & to that period.
JH
Page 69

No. 56407
ACT OF MARCH 3, 1855

Received April 9, 1855

Jno. Spears
Rev: War

Warrant 7075-160-55

Jno. M. Rose
Fayetteville
N.C.
Page 70

North Carolina

John Spears
private
in the U.S. Army.
Inscribed on the roll of the North Carolina Agency, at $4.80 per month.

Formal certificate of  pension issued 28 Nov. 1822 and sent to D.A. Davis Esq'r. Fayetteville, N.C.

Invalid -
Page 71

4812 Invalid
Martha Spears 
Widow of John
No. Ca.
Jno. M. Rose June 29 1854
Jno. M. Rose July 31 1854
Jno. M. Rose Feb'y 5 1855
Jno. M. Rose Mch 8 1855
Jno. M. Rose Mch 28 1855
Jno. M. Rose Aprl. 13 1855
Jno. M. Rose July 3 1855
Jno. M. Rose Nov. 12 1855
Jno. M. Rose Oct. 28m 1855.
Jno. M. Rose Feb'y'16 1857
Page 72

Hon'l William Montgomery
Representative &c
Washington City
D. C. 

Mark Cook, Raleigh
Page 73

Raleigh 19th Feb'y 1837
Hon'l. William Montgomery

Dear Sir,
It has recently been brought to my recollection by a  most destressing application (distressig) because I have not the means to fulfill the wants - that my feelings would prompt me to give & that I have a sister in extreme indigence, and now in her 72nd year of age - She was the wife of one of those old veterans of the Revolution who aided by his blood in achieving our Independence and in Consequence of his wound or wounds was placed on the pension list of this state at first, but was finally transferred to that of the United States. Some few years before his death began application through the Hon'l. John Branch whilst he was in Congress I succeeded in getting his pension increased to $8 month or $96 year - from the time of the application although it should have been for several years back as he was entirely helpless and useless for  several years before his death in consequence of the nature of his wound - His name was John Spears a resident of Cumberland County in this State - such was the State of her pecuniary affairs at his death that the State has for some one two or three years allowed to my sister a pension of $50 per year this you know at the present day cannot support her even with the common necessaries - not to name any of the comforts of this life - the object of this is to request of you to inquire
Page 74

of the proper authority if there is no provision made by the United States for the widows of such pensioners - I cannot now state the time of his death but that can be ascertained by inquiring at the Pension office - If I was able to afford my sister the relief she asks of me - I should be the last to attempt to make such an application as as this but I am not - to my mortification and regret - She, as I am informed had a long and painful nursing and watching to go through with the old man before his death - and was left without a competent support - If I am righty informed not even a House, to live in - as the application to me has ben to aid her in building some kind of dwelling on a  small piece of land out of which I suppose she has a life state of one third - If any thing could be done for her it would be an act of Justice not only to the widow but to the daughter of one of the those who took his part in the Struggle for Independence ( as our father took his part in it) - I think that the Hon'l. Robert Strange would lend his aid in such a cause 0 my sister Mrs. Martha Spears is a resident of Cumberland County - I fell deeply interested in knowing whether any relief can be extended to her - or whether by additional proofs (if required) she could not be allowed to get the increased pension of her husband John Spears for any number of years that it could be shown that his inability to render any aid in supporting
Page 75

himself extend back of the time from which his pension was increased - the affidavits and certificates of the examining Physicians upon which the pension was increased are all on file I presume in the pensions office - by them it can be probably seen what other, if any, proof should be necessary to entitle him to an increase of pension for a longer term of years than it was granted - your attention is Respectfully and earnestly requested - and I can assure you that I know of nothing that would now surely relieve my own feelings than to know that some aid could be extended to my last surviving relation that stands as near me in blood as this sister - I would offer an apology for intruding my troubles on your time - but I hope the nature of the case will offer a sufficient one. - I have had no time to make corrections therefore hope you will overlook any blunders - and believe me very respectfully - your obt. Humbl. Srvt. 
[Signature] M. Cook

I should like to read the Documents accompanying the President's message in our Relations with minies
Judge Strange - will remain at Washington I suppose after the expiration of Congress - and I most earnestly invite and pray his assistance in this matter if it should be necessary - yrs. C.
Page 76

THE NATIONAL ARCHIVES
FORM VAM-51
12-5-41

Division of Veterans' Administration Archives


BOUNTY LAND WARRANT RECORD CARD*

NAME Spears, Jonathan GRADE Private LINE New York

WARRANT
NUMBER 7806 ACERAGE 100 ISSUED April 21, 1791 to Griswold & Starkey, assignees

______

*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.