Revolutionary War Pension and Bounty Land Warrant Application File R. 3725, Gatus Fox, N.C.
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N.C.     Fox, Gatus            R3725
            or
            Gater
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35542
Gaiter Fox
Ten:
Act 7. June '32
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State of Tennessee Gibson County 
     Be it remembered that on this 7th day of July 1843 personally appeared in open Court before the Circuit Court of said County of Gibson and State of Tennessee -the Honorable Benjamin C. Tollen one of the Circuit Judges in and for said State presiding – Gaitus [sic] Fox, a resident of said County of Gibson and State of Tennessee aged eighty six years, 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 of the 7th of June 1832. 
He states that according to his best recollection and belief he entered the service as a volunteer substitute in the Militia for one James Utley in the fall of the year preceding the Battle of Guilford.  He thinks it was in the year 1771 [sic, 1781], but being "no scholar" his recollection of dates is very indistinct and he cannot state the day of the month or even the month. He has no means of referring to 
dates but by comparing his present age and his age at the time he entered the service. He remembers distinctly that he entered the service some time in the fall before the Battle of Guilford and left at about two weeks after that battle took place.  The company to which he belonged was commanded by Capt. 
Ethelred Jones and a Mr. Knight was Lieutenant of the company. He states that during this tour of service he was commanded by one Palmer either as Major or Colonel, but he is unable to state positively. His impression 
is that he was Colonel. He remembers distinctly that he was under command of General Davidson, who was killed in an engagement with
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the British at the Island Ford on the Catawba River.  He further states that he was born in the County of Brunswick in the State of Virginia in the month of March 1757 according to the best information he has on the subject - never having any record of his age and having kept it from information and memory. At the time he entered service he was residing in the County of Wake in the State of North Carolina. From 
there he was marched with the brigade or division under General George Davidson to which he was attached up the country to the Island Ford on the Catawba River and was 
stationed there for the purpose of guarding that pass and preventing the British from crossing.  But on the night after their arrival at that station they were attacked by the British, and being greatly outnumbered, were driven from their position with the loss of their General as above stated.  They were pursued about four miles to the widow Torren's plantation], at which place they were overtaken by the cavalry of the enemy and obliged to 
disperse and he take themselves to the woods for safety. They went through the woods until they reached the town of Salisbury when they reassembled and from there marched with all possible rapidity to join General Greene which they did in the County of Hallifax. They continued with General Greene and under his command until the Battle of Guilford in which 
they participated.  After this battle they marched to Salisbury and from there to Hillsboro where they were discharged. 
He further states that in the ensuing summer he again entered the service as the volunteer 
substitute in the Militia of one Thomas Binney for eighteen months, but only served a small portion of the time.  He served under Col. George Litle but he cannot now recollect the names
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of any of the other officers. In fact he cannot state whether there was any other officers in command during this period of his service. They were marched to Hillsboro and stationed there to guard that place, it being at that time the residence of the Governor. After having remained at that station for a short time, perhaps a month, but as to the length of time his recollection is very indistinct. They were 
attacked by the Tories in large force under command of Col. Fanning by whom they were defeated and all made prisoner including the Governor. They were carried to Wilmington where they were kept in a prison in a place called the "Provo's."  While here the small pox broke out among them and many of them died of that disease.  After having remained in this place for about three months as well as he can remember some of them were exchanged and the others released. He states that after he was released is as above stated, having served only about four months including his imprisonment he was not required to serve 
out the balance of his time and was discharged - and returned home. He further states that after his return home a short time he again entered the service as a ranger in a company of volunteer mounted men commanded by Capt. Tignal Jones - and served one year by 
turns, with other troops of the same description. During this service he was wounded by a Tory outpost with two bullets in the thigh but it was only a flesh wound and has never disabled him much. He states that he has long since worn out and lost his discharges and has no documentary evidence of his 
service, and that he knows of no one whose evidence he could procure, who can testify to his services. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name
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is not on the pension roll of the agency of any State, Territory or district in the Union. 
                 Gatus X Fox
                   (X his mark)

Sworn to & subscribed in open Court this 7th July 1843.

J.B. Blakemon Clerk

We Joseph Riddle a clergyman residing in Gibson County and Moses Woodfin and John W. Crockett residing in the same county do certify that we are well acquainted with Gaitus Fox who has subscribed and sworn to the foregoing Declaration.  That we believe him to be eighty six years of age and that he is reported and believed in the neighborhood where he resides to have been a soldier of the Revolution and we concur in that opinion.
                   Joseph Riddle
                   John W. Crocket
                   M. Woodfin
Sworn to & subscribed in open Court 7th July 1843.
           J.B. Blakemon

And the said Court do hereby declare their opinion to be after 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 - that the Court further certify that it appears to them that Joseph Riddle who has signed the preceding certificate as a clergyman, is a clergyman resident of said County of Gibson as therein stated and that Moses Woodfin and John W. Crockett who have also signed the same are residents of said county of Gibson and state of Tennessee and are credible persons and their statement is entitled to full credence.
                Benjamin C. Totter
                Judge H. Presiding
And the said Court do further certify that the following are
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Substantially the answers of the applicant to 
the several interrogatories propounded to him by the Court in pursuance of the regulations of the War Department, to wit: 
Question 1st. When and in what year were you born? Answer - I was born in the County of Brunswick in the State of Virginia. The only means by which I can state the year of my birth is by reckoning back from my present age and by this mode of calculating I must have been born in the year 1757. 
Question 2nd. Have you any record of you age and if so where is it? Answer – I have none nor did I ever have. 
Question 3rd. Where were you living when you were called into service? Where have you lived since the Revolutionary War and where do you live now? Answer - I lived in the County of Wake in the State of North Carolina when called into service.  Since the Revolution I have resided in the States of North Carolina, Kentucky, and Tennessee and now reside in Gibson County, Tennessee. 
Question 4th. How were you called into service: were you drafted, did you volunteer, or were you a substitute: and a substitute for whom? 
Answer - I entered the service first as the substitute of one James Utley. Secondly as the substitute of one Thomas Binney. Thirdly as a volunteer in the ranging service. 
Question 5th. State the names of some of the Regular Officers who were with the troops where you served. Such Continental Militia as you can recollect and the general circumstances of your service? 
Answer - I remember Col Litle, Capt. "Dred Jones" Lieut. Knight Col Palmer or Major Palmer. I cannot state whether the last name was Col or Major but I think he was Colonel. Also General Davidson and
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 and General Greene.  (Here the applicant detailed the circumstances of his services 
substantially as they are set forth in his Declaration.) 
Question 6th. Did you ever receive a discharge and if so where is it - and by whom was it given? 
Answer - I received discharges from the Captains I served under Capt. "Dred Jones" & Capt. Tignal Jones but they are long ago worn out and lost from getting wet as I removed from Carolina to Kentucky. I also received a discharge from Col. Lane at Wake Court House after I was released from imprisonment in the "Provo", which was wet and worn out at the same time. 
Question 7. State the names of the persons to whom you are known in your neighborhood and who can testify as to your character for veracity and their belief in your services as a soldier of the Revolution? 
Answer - Anyone in the neighborhood I believe would certify to my good character for veracity and to their belief in my services I know Abraham Smith, Fielding G. Goodman, Parson Riddle, Mr. Crockett Mr Woodfin and many others - almost every man in the neighborhood where I live. 
The above interlineations in the answer of the applicant to the 6th interrogatory relative to his discharges was made before the Registrar of the Court was here to affix. 
                     Benjamin C. Totter, 
                     Judge H. Presiding

State of Tennessee
Gibson County
I James B. Blakemon Clerk of the Circuit Court of said County do certify that the foregoing contains the original proceedings of the said court in the matter of the application of Gaitus Fox for a Pension.  In testimony whereof I hereunto set my hand and affix my private seal there being no seal of said court this 10th July A.D. 1832.
            J.B. Blakemon Clerk
(private seal)
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State of Tennessee
We Adam Huntsman and John W. Crockett formerly members of Congress from said state do hereby certify that the Circuit Court of Gibson County is a Court of Record;  that the Honorable Benjamin C. Totter one of the circuit Judges for said state is the presiding Judge of said Court for the present term;  that James B. Blakemon is the Clerk thereof and that the signatures to the foregoing certificates purporting to be the signatures of said Judge and clerk are genuine.
     Given under our hands at Trenton this 10th July A.D. 1843.
                  Adam Huntsman
                  John W. Crockett
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3725
AWN
P.O.
Gaiter Fox
Service:
Enlisted:, 18

REJECTED

Discharged:, 18
Application filed:, 18
Alleges:
Re-enlisted:
Attorney:
P.O.
Recognized.
Contract.
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3726
P.O.
Gatus Fox
Service: consolidated June 17 1882 with Same Soldier rejd Files 3725 (illegible)

Enlisted:, 18

REJECTED

Discharged:, 18
Application filed:, 18
Alleges:
Re-enlisted:
Attorney:
P.O.
Recognized.
Contract.
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No. 38.240
Gatus Fox
Tenn.
Act 7th June 1832.

To R.H. Hawthorn Nov, 6th/57
3726
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35562
Gaiter Fox
Ten.
3725
Let to HH Sylvester Sep, 12 1843

Act 7 June 1832
Ex
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                             Trenton Tennessee
                             July 11th 1843

Sir:
     I find you herewith enclosed the Declaration of Gaiter Fox for the purpose of obtaining the benefit of the Act of Congress of the 7th Jun to which I would respectfully ask your early attention and favorable Consideration.
     When you shall have decided upon his application please communicate the result through me.
               I have the honor to be
               Very respectfully
               Your Obt. Servt
                    John W. Crockett


James L. Edwards Esq.
Comm. of Pensions
War Dept
Washington
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Supplemental Declaration 
State of Tennessee Gibson County 
     On this 19th day of May A.D. 1851 Personally Appeared before me Richardson P. White a justice of the peace within and for the County of Gibson and the State of Tennessee Gatus Fox aged ninety-four years who first being duly sworn on the Holy Evangelist of Almighty God makes this declaration for the purpose of obtaining the benefit of and Act of Congress entitled an act supplementary to the Act for the relief of certain officers and soldiers of the Revolution passed June 7th, 1832 -- says -- on his oath that he resided in Wake County in the State of North Carolina in the time of the Revolutionary War in which he served in the Army of the United States as follows (viz.) his first tour was a three months tour for which term he volunteered and served out his full time And was discharged honorably after having fulfilled his three months tour of service in the company commanded by Captain Dred Jones supposed his real name to be Etheldred but was called Captain Dred Jones that he marched from Wake County NC to Hillsboro in this tour he was taken prisoner at Hillsboro by Colonel Fanning a Tory Colonel length of captivity he cannot remember.  His next tour 
was in the Cavalry company commanded by Captain Tignal Jones commonly called Colonel Jones in which service he was in near twelve months but returned home and in every three months and stayed about one week at home with an engagement to return and continue in the service 3 months longer which engagement he fulfilled punctually.  And in the above tour or tours he was a great portion of his time scouting about in Montgomery County in North Carolina his business was to Act in suppressing the Tories and Pochbers (sic) and When they took any prisoners to carry them to Head Quarters at Hillsboro the next tour was a three months tour his Captain's name he has forgotten but he knows that he went under Colonel Davidson and was in the Battle at Catawba River and saw him killed 
and the militia dispersed in the Army scattered that he thinks he did not serve the whole three months quite out and received no discharge in the Army a discharge was sent to him for a three
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months service that knows and well remembers his last tour but does not believe that he can specify all his service but the last tour he substituted in place of Thomas Beany for which Thomas Beany was to pay him $100 
that said Thomas Beany had laid out after he was drafted and that he was caught and compelled to serve to the end of the War that he well remembers that he served 6 months in  Thomas Beany's place and was in the Army on St. John's River when peace was made which date of service was in 1782 or the preceding tour he cannot state the dates At this time for by reason of a spell of sickness and old age his memory has much failed him that he is unlearned entirely that he now remembers the facts set forth by him And time in which has related above that he has and therefore in the County of Gibson and the State of Tennessee Applied by the agency of the Honorable John Crockett for a pension When and Where he had a better opportunity of proving the facts that he now states the reason Why he has so 
long delayed renewing his Application is because he had no agent qualified to do his business And did never received any information from the Honorable J. Crockett What disposition was made of his claim.  That his service was to the best of his recollection near four years but is for the want of a better 
memory At this time unable to give Any better explanation on the time by dividing it in separate tours.  That he had several discharges And that they are lost first got Wet and nearly faded away And finally lost that he now resides in Gibson County in the State of Tennessee And depends on his own character for truth of service being unable from the great scarcity of surviving soldiers to prove positive And that 
he never had any record proof of service since the loss of said discharges And that he had no 
knowledge of a pension for Years After its passage except the pension law Where a man had to give a list of his property.  
Sworn to and Subscribed to the 19th day of May A.D. 1851.    
                    Gatus X Fox
                      (X his mark)
Richardson P. White, JP
for Gibson County
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State of Tennessee
Gibson County
     On this 19 day of May A.D. 1851 Before me Richardson P. White a justice of the peace within and for the County of Gibson in the State of Tennessee personally appeared Joseph White aged eighty four years who first being duly sworn according to law says on his oath that he is personally acquainted with Gattus Fox the subscriber to the foregoing declaration and has been so far the term of twenty three years passed that he believes that the said Gattus Fox is of the age above specified that he is a man of undoubted veracity for he could believe his Word or oath in anything he would say or swear though he believes his memory has much failed him for the last five or six years but his knowledge of truth and veracity has not failed him, that considering his advanced age his mind is yet good but as to the particular time or date his memory has failed him that he is depicted as having serviced his country a long time in the Revolutionary War nor is the Same to his Knowledge disputed.  He further says that he has formed the above opinion from his general character and his (illegible) observation that he is fully satisfied that the said Gattus Fox is not able from old age to attend Court.  Sworn to and subscribed to the day and date above written.
             Joseph White
Richardson P. White 
for Gibson County (seal) 

State of Tennessee
Gibson County
     On this 19 day of May A.D. 1851 before me Richardson P. White a justice of the peace within and for the county and State aforesaid personally appeared James Ousley aged fifty five years October last passed who first being duly sworn according to law says (faded) oath that he has been and is now personally acquainted with Gattus Fox the subscriber to the aforegoing declaration for the term of thirty seven years, that the said Gattus Fox is a man of truth and undoubted veracity that he believes that he is of the age stated by him, that he has heard often talk of his service and years in the revolutionary war, that he has heard a broth in law who he believes had a right to know that he Gattus Fox had served in the Revolutionary War, that he has been ever since reported as a Revolutionary soldier, that his memory used to be good but that it now has failed and not so much as not to know facts and speak truth but cannot say where the circumstance took place, but if has forgotten the time he is capable to know it, that considering his advanced age his mind is clear on important things that he has formed this opinion from him Gattus Fox's general character and from his personal knowledge of his conduct and course of living, that he is fully satisfied that said Gattus Fox is not able to attend court.
Sworn to and subscribed the day & data above written.
Richardson P. White JP
                           James X Ousley
                             (X his mark)
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State of Tennessee
Gibson County
     On this ___ day of ___A.D. 1851 personally appeared Allen Fox aged fifty years Harrison Fox William T. Connell and Jackson Fox before me Richardson P. White a justice of the peace in and for said County who first being duly sworn according to law say on their oaths that Gattus Fox the subscriber to the foregoing declaration is the identical Gattus Fox who once before applied for a pension through the agency of the Hon. John Crockett that to the best of their knowledge he Gattus Fox has not had any information from Mr. Crocket or anybody else what became of the said papers & that prior to a spell of sickness about six years ago his memory was very good.  Since that time his memory is not as good as before that they have often heard him speak of his service in the Revolutionary War, his officers names and travels but they now cannot.  (illegible) them that they are fully satisfied he is not able to attend Court.  Sworn to and subscribed to the day & year above written.
                          Allen X Fox
                           (X his mark)
                          Harrison X Fox
                           (X his mark)
                          Jackson X Fox
                            (X his mark)
                          William T. X Connel
                             (X his mark)

Richardson P. White JP
for Gibson Cty

State of Tennessee
Gibson County
     I Richardson P. White a justice of the peace do certify that I am personally acquainted with Joseph white James Ousley Allen Fox Harrison Fox Jackson Fox William T. Connel who are credible witnesses and of good character and duly sworn and did subscribe their names as above represented - that I am personally acquainted with Gattus Fox the subscriber to the above declaration that I believe all the facts set forth by him and that I am fully satisfied he is not able to attend court from my own knowledge of him.  Given under my hand and seal this 19th day of May A.D. 1851.
                      Richardson P. White J.P.
                      Justice of the peace for
                      Gibson County

State of Tennessee
Gibson County
     I James A McDearmon clerk of the county court of said county do hereby certify that Richard P. White Esq whose signature appears to the foregoing certificate is & was at the date thereof an acting Justice of the Peace within & for said county duly commissioned & qualified according to law, & that said signature purporting to be his is in his own proper hand writing.  Given under my hand & the seal of said court at office in Trenton this 27 day of May AD 1851.
                          JA McDearmon Clk
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Revolutionary.

Act 7 June 1832
Gaiter Fox,
Tennessee.

Suspended

Power of Attorney to examine papers.

C.C. Tucker,
Attorney - 
Present.
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POWER OF ATTORNEY.
KNOW ALL MEN BY THESE PRESENTS:  That I Gater Fox do hereby irrevocably constitute and appoint Chas. C. Tucker, of Washington City, D.C., my true and lawful Agent and Attorney to prosecute the Claim of Gater Fox for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the Act of 1832 or any other Act or Resolution of Congress, and I herby (sic) authorize my said Attorney to examine all papers and documents in relation to said Claim on file in the Departments at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the certificate which may be issued for said Claim, and to appoint one or more substitutes under him for the purposes herein express:  and to do all things that I might or could do, were I personally present.  Hereby ratifying and confirming all that my said Attorney may lawfully do in the premises.
     WITNESS my hand and seal this 3rd day of May 1854.
                   Gater X Fox
                    (X his mark)    (seal)
In presence of 
M.T. Torris
James Ham ss

STATE OF Tennessee Gibson COUNTY SS
     On this 3rd day of May 1854, before me a Magistrate in and for the County and State, above mentioned personally appeared Gater Fox and acknowledged the foregoing power of Attorney to be his act and deed for the purpose therein mentioned.
                               Benoni Crawford (seal)

STATE OF Tennessee
Gibson COUNTY SS
     On this 3rd day of May 1854, before me the undersigned a Magistrate in and for the County and State aforesaid, personally appeared Gater Fox a resident of said County and made oath according to law that he is the identical Gater Fox who executed the foregoing power of Attorney, and that he is directly interested in said Claim, and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecuting said Claim.
                 Gater X Fox         (seal)
                   (X his mark)
Test Benoni Crawford JP

STATE OF Tennessee
COUNTY OF Gibson
I E W Raines Clerk of Gibson County Court do hereby certify that Benoni Crawford Esq. before whom the foregoing affidavit and acknowledgement were made and who has thereunto signed his name, was at the time of so doing a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.
                            In testimony whereof I have hereunto signed my name and affixed my official seal this 4th day of May 1854.
                       E.W. Raines Clk
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Camden Tennessee June 16th 1851

Sir -
     Enclosed I send you the supplemental declaration of Gattus Fox who has once before filed a declaration before the County court of Gibson County through the agency of the Hon. John Crockett.  That I verily believe that Mr. Fox never received any answer from Mr. Crockett but I suppose that Mr. Crocket forwarded the papers to the Pension department.  It now becomes impossible for Mr. Fox to prove any positive service by a living Witness except by his own oath.  I am fully satisfied that Mr. Fox served as set forth by him for I make a point to set the facts int he case as clear as possible And if I have doubt of the justness of a claim I will not advocate it.  Mr. Fox's delay would lead to suspicion on his part but I assure you that his delay is not to be suspected on that account for he thought that he had delegated all that power to Mr. Crockett and he says which I believe that he has tried to get the Authority back from Mr. Crockett.  I presume that Mr. Fox's application for a pension was placed on the suspended claims.  This supplemental I hope will be satisfactory proof to the department it was made out by Mr. Fox's recollection which is failing on some things, but if there is no discrepancy in the two statements I hope his claim will be admitted as it has been a practice by the department where it is well sustained and I assure you that Mr. Fox stands way fair as a man of undoubted veracity.
          Your Obt servt,
          Robert H. Hawthorn

J.E. Heath Esq
Commissioner of Pensions
Washington City  D.C.