Revolutionary War Pension and Bounty Land Warrant Application File S. 6868, Benjamin Tutterton, N.C.
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(3---1776)
SERVICE                                NUMBER
N.C.    Tutterton, Benjamin   S. 6868.
 or Fullerton
 or Tullerton                            carded
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16.752 
North Carolina. Benjamin Tutterton or Tullerton or Fullerton of Orange - in the State of No Car [North Carolina] who was a pr. in the [blank] commanded by Captain -- of the Regt commanded by Col Caswell in the No Car [North Carolina] line for 9 months. Inscribed on the Roll of No. Carolina at the rate of 30 Dollars -- Cents per annum, to commence on the 4th day of March, 1831. 
Certificate of Pension issued the 21 day of Sept 33    and sent to     P. H. Mangum. Hillsboro [Hillsborough], No Car [North Carolina].    
Arrears to the 4th of Sept.1833.      75
Semi-ani. allowance ending 4 Mar ‘34 [1834].  15         
$90-      
{Revolutionary Claim, Act June 7, 1832.}         
Recorded by N. Rice Clerk, Book E Vol. 6 Page 57.
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Benjamin Tutterton
North Carolina
No 7189.

Annual
9 months $30
July. 11. - Feby (February) 11. 1833

P.H. Mangum
Hillsboro N.C. (North Carolina)
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BRIEF in the case of Benjamin Tutterton
of       in the State of North Carolina
(Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Justice of the Peace
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes.
S. How old is he? 80 years
4. State his service, as directed in the form annexed.
Period.   Year in 17 not stated   Duration of Service.   3 months   Rank.   Private   Names of Generals and Field Officers under whom he served.  General Caswell  Captain Goodman
Period.  Year in 17 not stated    Duration of Service.  3 months    Rank.   Private    Names of Generals and Field Officers under whom he served.   Captain Canada
Period.  Year in 17 not stated   Duration of Service.  3 months    Rank.  Private    Names of Generals and Field Officers under whom he served.  Captain Joseph Sessions
5. In what battles was he engaged: -
6. Where did he reside when he entered the service? Lenoir County North Carolina
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary
8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.
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Declaration in order to obtain the benefit of the act of Congress of the 7th of June 1832. State of North Carolina Orange County          
On this the of 21st day of Augt 1832 personly appeared before me J.D. Hughes one of the said Justices of the peace for said County.     
Benjamin Tutterton aged 80 years about next Christmas who, being duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress paged June the 7th 1832 that he entered the service of the United States under the following officers and performed the following services as well as he recollects in the County of Dobs now  Lenoir State of North Carolina he was drafted & enter the Server under the command of Capt H. Goodman as a private for the term of 6 months but was discharged at the expiration of 3 months in that tour, by Jesse Caswell - that he entered another term of Services for 3 months as a private under the command of Capt Canada & was discharged a short time after the battle of Guilford Court House having serviced the said tower [tour] that he served another tower for 3 months as a private under the Command of Capt Joseph Sessions which term of service expired about the time peace was made and was generally in services during the three several towers -  declarant resided in the county there called Dobs more call'd Lenoir
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in the State of N. Carolina at the time he entered the services of the several times as afore said - this declarant was born in the county of Terral in N. Carolina, date not recollected having no record of his age he resided some 8 or 10 years in the County then called Dobs State of N Carolina after the close of the Revolutionary wary then removed to the County of Johnston in the State of N Carolina and there remained Some 2 or years - from am there removed to the County of Wake of then remained a year or better, then to the County of Orange in sand state when ha has resided ever since this declarant thinks he received two discharges which he has lost, as for the third tower of service he Thinks he received no regular discharge - this declarant is known to Joseph Faucett Col. Joseph Allison Thos Armstrong  Willis Shaw Esq and Daniel Wilkinson in his neighborhood  and that he hath no Documentary evidence of his service as aforesaid nor doth he know any person or persons whom whose testimony he can procure who can testify to his Services except the accompaning affidavit   
The declarant hereby relinquishes every claim what ever to a pension or annuity except the present and declares that his name is not on the Pension Roll of the agency of any State as far as he hath knowledge.
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This day personally appeared before me J. D. Hughes one of the Justices of the peace for said County Benjamin Fullerton & made oath in due form that the within statement is just & true to the best of his knowledge & belief & that he is not able from old age & bodily infirmity to attend Court this 24th day of August AD 1832      Benjamin Fullerton  his mark
Test   J. D. Hughes JP  

State of North Carolina  
I John Talyor Clerk of Orange county Court of pleas & quarter Sessions do hereby certify that Joseph Hughes who witnessed this declaration was then duly qualified Justice of the peace      
Witness my hand & seal of Office     
31st August AD 1832 
J. Taylor C.C.
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Declaration of Benjamin Fullerton, by way of  amendment and explanation of his Declaration made on the 31st day of August A.D. 1832 before Joseph D. Hughes esq one of the Justices of the peace in & for the County of Orange in the State of North Carolina for the purpose of obtaining the benefit of the act of Congress passed June 7th 1832.- 
On this the 29th day of July A.D. 1833. personally appeared before me, Joseph D. Hughes one of the Justices of the Peace for the County of Orange & State of North Carolina, Benjamin Fullerton, resident of the County & State aforesaid, supposed to be aged 80 years about Christmas 1832, who after having first been duly sworn according to Law, doth on oath make the following statement by way of amendment to his said former declaration, made for the purpose of obtaining the benefit of the act of Congress, passed June 7th 1832      
 - That he was drafted for the five months Tour, mentioned in his said former declaration, a short time before the Battle of Briar Creek in Georgia between the British & American forces, in the war the revolution, that at the time of said battle the declarant was under arms by virtue
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of his said engagement for the said term of five months, marching under Capt H. Goodman in the State of South Carolina with a cause & for the purpose of join the American army under the command of Genl Ashe. but declarants Company did not reach their destination before the said battle was fought, which resulted in the defeat of the American forces, after having news of that battle, declarant was marched to Augusta Georgia        
Declarant states the was drafted for the second term of service mentioned in his said former declaration, in the winter of 1780-81 - that he was drafted for the third term of service mentioned in his said former declaration, in the year 1781, after the battle of Guilford and that the said term of service expired just before or about the time of the surrender of Lord Cornwallis at York Town; that by way of summary he served as a private in the Militia of North Carolina, upon draft          
3 months under Capt Goodwin Gnl Caswel & Major Blunt     
3 months under Capt Canada &         
3 months under Capt Jos Sessions        
amounting to nine months of actual service , Test   Joseph D. Hughes Benjamin Fullerton
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 I, Joseph D. Hughes one of the Justices of the Peace for the County of Orange & State of North Carolina , do hereby certify that Benjamin Tuttleron hath this day subscribed & sworn to the above amended declaration, before me and that the said Benjamin Tutterton is infirm in body & is unable to attend Court for the purpose of making a declaration before Court - and that the said declarant is a credible person that his statement is entitled to credit. Witness my hand this the 29th day of June A.D. 1833 Joseph D. Hughes Esq
Mr. Ira Ellis a Clergyman and William Maris and Solomon Thompson residents in the County of Orange and State of North Carolina, do hereby certify that we are well acquainted with Benjamin Tutterton, who hath subscribed & said to the above amended declaration; that he is reputed and believed in the neighbourhood where he resides to have been a soldier in the war of the Revolution, and that we concur in that opinion. that the said declarant maintain the character where he resides of both a
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man of honest and credible character and that his statement is entitled to credit Sworn to & subscribed Ira Ellis  Wm Maris Sol. Thompson
Joseph D Hughes Esq 
I Joseph D. Hughes one of the Justices of the peace in &  for Orange County & State of North Carolina, do hereby with that that Ira Ellis who hath this day subscribed & sworn to the above certificate before me, is a Clergyman & a credible person; and that Wm Maris & Solomon [unreadable] who have likewise subscribed & sworn same before me, are credible personal resident in the County of Orange State of North Carolina and that their statement entitled to credit. Witness my hand this the 29th day of June A.D. 1833 State of North Carolina Joseph D Hughes Joseph Taylor Clerk of Orange County court of pleas & Quarter sessions certify that Joseph D Hughes who signed the above certificate was at that time a duly qualified Justice of the Peace Witness my hand & seal of office this 13th July 1833 - [illegible]C or Co
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6868
INVALID.

File No.  6868
Benjamin Fullerton
Pri Rev War
Act:  June 7th 1832
Index:-Vol.1st, Page 134
[Arrangement of 1870.]
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WAR DEPARTMENT Pension Office, February 12. 1833 
SIR: I return herewith the papers in support of the claims of the persons whose names are hereto annexed. These papers are in several respects defective. Each case is accompanied by a brief. The objections are contained in the negative answers, in red ink, given to the questions. Particular attention should be paid to the accompanying regulations and to the explanatory notes subjoined to the brief. The extraordinary press of business in this office, arising from the great number of claims under the act of June 7, 1832, has hitherto prevented us from attending to the applications sent by you. The investigation of the cases presented under this law has been difficult and laborious, and notwithstanding the greatest exertions have been made by this Department, an earlier attention to your business has been found impracticable. The brief has been prepared to meet all cases, and thus to save the excessive labor which would otherwise be imposed upon the office, and which would consume so much time as to render the delay two fold greater than it now is in the investigation of claims and writing letters. Each case is considered correct in all respects except in relation to those questions to which a negative answer is affixed. No other alteration or addition will be required. I am, respectfully, Your obedient servant. J L Edwards J. H. Mangrum Hillsboro N. C.} Benjamin Fullerton
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P.H. Mangum, Esq
Hillsborough N.C.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of - Benjamin Tutterton which require further proof or explanation.  I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. Has he mentioned with precision the length of his service, and the different grades in which he yes served, in language so definite as to enable the department to determine to what amout of pension he is entitled? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes XIV. +If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. Are the papers authenticated as the regulations direct? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes all EXPLANATORY NOTES. QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For [blank]year months and [blank] days, I served as a [blank] . For [blank] months and [blank] days, I served as a [blank]; and for such service I claim a pension."
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It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade  of the pensioner and the length of his service.  The use of the phrase three or four months is too indefinite, and all such qualifying expressions are objectionable.

QUERE XIV.  Proof of Service.
 In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

QUERE XVI.   Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.