Revolutionary War Pension and Bounty Land Warrant Application File W. 1077, for William Pulley, Virginia

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(3 - 1776)
SERVICE
VA.
Pulley, William
Pulley, Lucy
NUMBER
W. 1077
CONTENTS

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No 18809
Wm Pulley
Wilson Co.
Tennessee
from 1778 private
9 months
$30

Samuel Anderson
Murfreesborough [Murfreesboro]
Tennessee

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[typed form, with handwritten responses]

BRIEF in the case of Wm Pully County of Wilson in the State of Tennessee
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 82 years

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

[column headings:] Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.
Spring. In 1778 drafted --- 3 [Months] As a private Col. Maclin Captain Stith
1781 ditto --- 3 [Months] Capt. Claiborne
Do [1781] Vol. & served --- 14 [Days] Capt. Williams Maj. Clayton

5. In what battles was he engaged? at Guildford Courthouse

6. Where did he reside when he entered the service? Brunswick Co. Virginia

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? not defective

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Examining Clerk.

In this last tour had his leg broke after entering for 3 months in 2 weeks afterwards, & unable to get home for 9 weeks afterwards.

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In testimony whereof, [I have hereunto set] my hand, and caused the seal of said Court to be affixed, at office 30 November 1839.
Robert S. Morris, Clerk

[written sideways] 6450 Lucy Pulley of William Tennessee

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declaration in order to obtain the benefit of the act of Congress of July 7th 1838, entitled "an act granting half pay and pensions to certain widows." 

State of Tennessee}
Rutherford County} On this twenty first day of November in the year one thousand eight hundred and thirty nine personally appeared before me William Heart, one of the acting Justices of the Peace in and for the County aforesaid, Lucy Pulley a resident of said County, aged about eighty four years, who being first duly sworn according to law, doth, on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1838, entitled "An act granting half pay and pensions to certain widows:" That she is the widow of William Pulley who was a soldier in the Revolutionary war, and who recd [received] a pension from the Government up to the time of his death for his particular services, she refers to his declaration now on file in the Pension office at Washington. She further declares that she was married to the said William Pulley (his second wife) the thirty first of October, one thousand seven hundred and ninety [Oct. 1, 1790]; that her husband the said William Pulley died on the ninth day of June 1837; that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety-four, viz: at the time above stated. She also states that a Family Record was kept under the direction of husband, (the said William Pulley) in an old prayer book belonging to the Family, shewing her marriage at the time above mentioned, but which got wet some years ago, when they lived in an open house , and was destroyed; she is therefore, unable to produce it and that the most of the Record was

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made out, as well as she recollects, in the hand writing of one of her husbands daughter by his first wife, he being unable to write himself. And Saints and subscribed, that she has remained the day and year above widow in the written, before me And that she has remained a widow since the death of her husband.
Lucy [her X mark] Pulley

Sworn to and subscribed at the day and year above written, before me.. And I hereby certify that the said Lucy Pulley, from old age and infirmity is unable to travel to Murfreesboro & to appear before the court to make the above declaration}
William Hunt} 
Justice of the Peace}

State of Tennessee}
Rutherford County} On this twenty first day of November 1839, personally appeared before me Lewis Garner, one of the acting Justices of the Peace in and for said County Thomas Pulley, who being duly sworn according to law, doth on his oath make the following statements: 
That he is the son of the said William Pulley and Lucy Pulley, who makes the foregoing declaration, and always understood from them that they were married at the time stated in the above declaration to wit the last day of October 1790, (Seventeen hundred and ninety). That he has frequently seen and examined the Family Record in the old prayer book, referred to by his mother, and distinctly recollects the record of his mother’s marriage at the time stated. He knows nothing of the loss of the Family Record of his own knowledge; but has always understood it

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got wet and was destroyed. He also states that he drew his Fathers pension at Nashville twice, as his attorney. And after his death, which took place on the ninth of June 1837, he delivered his pension Certificate to the Pension Agent at Nashville, to be forwarded to Washington. That he is about 39 years of age. 
[signed] Thomas Pulley
Sworn to & subscribed before me, the day first above mentioned. 
Lewis Garner 
Justice of the Peace.

State of Tennessee}
Rutherford County} Be it remembered, that on this twenty first of November 1839, personally appeared before me Lewis Garner an acting Justice of the Peace for said County, Hugh Wallace and Sally Wallace his wife, the first about sixty four years of age, and she the latter about one year younger, who being first duly sorn according to law, do on their oath make the following statement: 
That they lived in Lunenburg County, State of Virginia, and in the same neighborhood with William Pulley, and distinctly recollects his marriage with the said Lucy Pulley, who makes the foregoing declaration, in the year seventeen hundred and ninety, and they believe on the last day of October of that year - that they were married on a Sunday morning, and went to Church as was the custom at that time. That from that time to the present they have both been well acquainted with the said Lucy Pulley, and also with her

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husband, the said William Pulley, up to the time of his death, which they have understood took place in June 1837; and that she has remained a widow since the death of her husband.
Hugh [his X mark] Wallace
Sally [her X mark] Wallace
Sworn to & subscribed before me, the day and year first above mentioned
Lewis Garner, Justice of the Peace

State of Tennessee}
Rutherford County}
I, Robert S. Morris, Clerk of the County Court of said County, do hereby certify William Hunt and Lewis Garner Esquires, are both acting Justices of the Peace in and for said County; and that the foregoing signatures purporting to be his are genuine.
In Testimony whereof I have hereunto set my hand, and caused the seal of said Court to be affixed, at office 30 November 1839
Robert S. Morris, Clerk

[written sideways] 6450 Lucy Pulley [widow] of William Tennessee

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4[typed form, with handwritten responses]

[left side] 4403
Tennessee
Lucy Pulley, widow of Wm Pulley, who was a Private Va. in the Virginia line.

Inscribed on the Roll at the rate of 30 Dollars --- Cents per annum, to commence on the 4th day of March, 1843.

Certificate of Pension issued the 18th day of January 1844 and sent to Wm. Lee Button, Murfreesborough [Murfreesboro], Tennessee.

[Act of March 3, 184[cut off]]
Recorded in Book A, 
Vol. 1, Page 221

[right side] Rep. 18 Jan. 1844

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18809
William Pulley's
Pension Claim

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State of Tennessee} 
Wilson County} Sept. Sessions 1832
On this 27th day of September 1832 personally appeared in open Court before James M Martin, David C Hibbetts & Benjamin H Billings Esqs [Esquires] the court of Pleas & Quarter Sessions of Wilson County now sitting, William Pulley a resident of Wilson County in the State of Tennessee aged eighty-two 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 passed June 7th 1832.
That he entered the service of the United States sometime in the spring 1778 but on what day or in what month he cannot now recollect he was drafted for a tour of three months and was attached to a company commanded by Capt. Buckner Stith in a Regiment commanded by Col. Frederick Mchin [Frederick Maclin] of the Virginia Militia. He resided in Brunswick County State of Virginia when he entered the service. He was marched from Brunswick court house to Suffolk remained at that place he thinks about three weeks. From thence he was marched to Portsmouth. The British had set fire to that place and had abandoned it before the American troops arrived. He was stationed at that place with a number of the American troops until his term of service expired when he was dismissed by his commanding officer but received no written discharge.
Some considerable time afterwards he was again drafted for another tour of three months he was commanded by Capt. Claiborne [Thomas Claiborne] Major Tucker and Col. Munford [Robert Munford]. They rendezvoused at Mecklenburg court house and was marched to a

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place called the hanging rock in North Carolina. Here he was stationed with a part of the troops watching the movements of the British & Tories and guarding the country against their attacks some three or four weeks. They marched from this place to Guilford courthouse and he was in the battle of at Guilford courthouse [March 15, 1781]. He saw Stepens [perhaps a reference to General Edward Stevens] who got his thigh broke and his horse killed under him. He knew Genl. Lawson [General Robert Lawson] who commanded the Brigade to which he was attached. He frequently saw Genl Green [General Nathanael Greene] at that time and while he remained in service the residue of that tour. After the battle of Guilford they marched to Hillsborough from thence to Deep River where he was stationed about a week and his term of service being near expired he was marched back to Hillsborough and there dismissed by his commanding officers but received no written discharge. He cannot recollect the precise day or month he was drafted his last time but thinks it must have been in February 1781. Some three or four months afterwards he volunteered his services for three months service and was commanded by Capt. Williams, Maj. [Major] Clayton and Col. Elliott. They rendezvoused at Brunswick court house and marched from there to Buck's bridge and crossed Nottoway River and from thence to Swans Point [Swann's Point] on James River opposite Jamestown. They were marching to Little York but at Swans Point he accidentally got his left leg broke which disabled him from marching any further he had not been in service he supposes more than two weeks before this accident happened. The other troops marched on to Little York and he has always understood were there at the surrender of Lord Cornwallis [October 19, 1781] but he was left with the commissary at Swans point and it was nine weeks before his leg got well enough for him to return home and was then conveyed home

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in a cart after the surrender of Cornwallis. 
He cannot recollect the day or month he volunteered his services the last time but thinks it must have been in September 1781. He received no discharge at the end of this last term of service in consequence of not being able to march with the troops, and remain until the expiration of his term of service.
He states he was born on the 7th day of February 1750 as he has been informed in Surry County Virginia. He has a record of his age in his Bible at home. He lived in Brunswick County Virginia when he entered the service of the United States and during and after the revolutionary war until about the year 1804 when he moved to Lunenburg County Virginia where he resided until about the year 1826 when he removed to Wilson County Tennessee where he has resided ever since.
He further states he is known by William Powell, James Lowery, Thomas Japland Esquire, Eli Harris and many others in his neighborhood all of whom he believes would testify to his character for veracity and their belief of his services as a Soldier of the Revolution. 
He further states he does not live in the immediate neighborhood of any clergyman except one with whom he has no acquaintance and he does not know that he could testify as to his belief of his services.
He has no documentary or other evidence and he knows of no person living at this time whose testimony he can procure who can testify to his service.
He hereby relinquishes every claim whatever to a pension or annuity except the present

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and declares that his name is not on the pension roll of the agency of any state whatever. 
William [his X mark] Pulley
Sworn to & subscribed this 27th Sept. 1832 
Josiah L. McClain, Clerk of Wilson County Court 

We Eli H. Harris and James Lowry residing in the County of Wilson and State of Tennessee hereby certify that we are well acquainted with William Pulley who has subscribed and sworn to the above declaration that we believe him to be eighty two years of age that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion. 
Eli H. Harris 
James Lowry 
Subscribed & sworn to the day & year aforesaid in open Court. 
Josiah S. McClain Clerk of Wilson County court

And the said court do hereby declare their opinion after the investigation of the within and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states. And the court further certifies that it appears to them that Eli H. Harris and James Lowry who has signed the preceding certificate are residents in the County of Wilson and are credible persons & their statement is entitled to credit. 
J. M. Martin JP
D. C. Hebbett JP
Benjamin H. Billings JP

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I, Josiah S. McClain, clerk of the Court of Pleas & Quarter Sessions of Wilson County in the State of Tennessee do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of William Pulley for a pension.
In testimony whereof I have hereunto set my hand and Seal of Office this 28th day of September 1832.
Josiah S. McClain, Clerk

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7409
Tennessee
West
William Pulley of Wilson Co in the State of Tennessee who was a private in the Company commanded by Captain Claiborne of the Regt. commanded by Col Mahin in the Virginia man for 9 Mo from 1778.
Inscribed on the Roll of Tennessee at the rate of 30 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9 day of April 1833 and sent to Samuel Anderson, Esq., Murfreesboro, Tennessee. 
Arrears to the 4th of March 1833 $60.00
Semi-anl. allowance ending 4 Sept 1833 $15.00
$75.00

{Revolutionary Claim, Act June 7, 1832}
Recorded by W. L. Williams, Clerk
Book E, Vol. 7, Page 92

Paid at the Treasury under the act of the 6th April 1838 from 4 Sept 1836, to 9 June 1837 the day of his death. Agent notified 20 March 1839.

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William Pulley W. Ten. Act 7 June 1832
To what time pd?
Pen office March 17. 1840
died 1837
Died 9 June 1837,pd  that period

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Revolutionary WIDOW, &c.
File No. 1077
Lucy Pulley
Widow
William Pully
Private VA Line Revolutionary War
Act: March 3, 1843.
Index: -- Vol. M, Page 144
[Arrangement of 1870.]

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40.3.4
32.6.9
2.8.25

2 y [years]: 60.00
6 m [Months] 1/4 15.00
2 m 1/3 5.00
20 ds [Days] 1/3 1.66
5 ds .41
$82.07

6450
Lucy Pulley
of William
Tennessee

Admitted
Pr. 9 mo. $30
Cap. Claiborne Col. Va.

died 9 June 1857

Act 7 July 1838

Hon. M.P. Gentry
H. R.

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[typed form, with handwritten responses]

[left side] Let [Letter] to Wm Ledbetter
Nov 3, 1843

[right side] Tennessee 5175
Lucy Pulley widow of William Pulley, deceased ,who was a pensioner under the Act of 1832, and who died on the 9th June 1837 of Rutherford in the State of Tennessee who was a Private in the compy [company] commanded by Captain Claiborne of the Regt commanded by Col Melin in the Virg.a [Virginia] mila. [militia] line for 9 months.

Inscribed on the Roll of Nashville at the rate of 30 Dollars --- Cents per annum, to commence on the 9th day of June 1831.

Certificate of Pension issued the 18 day of March 1840, & sent to Hon. M. P. Gentry, House of Reps.

Arrears to the 4th of Mar. 1840 $82.07
Semi-annual allowance ending 4 Sept. $15.00
$97.07

{Act July 7, 1838}

Recorded by D. M. Curdy, Clerk
Book A. Vol. 2. Page 208

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TREASURY DEPARTMENT
Second Comptroller's Office
February 4th 1839

Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States, The widow of William Pulley, a Pensioner on the Roll of the Nashville, Tenn Agency, at the rate of Thirty Dollars  per annum, under the law of the 7th June, 1832, has been paid at this Department, from the 4th of Sept. 1836, to the 9th June, 1837, the day of his death
Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions
Present.

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Murfreesboro, Tennessee
30 Nov. 1839
I enclose the declaration of Mrs Lucy Pulley, made under the act of Congress of July 7th 1838, granting half pay and pensions to certain widows which I hope you will act upon as soon as convenient.
Your obedient servant,
W. Ledbetter

James L. Edwards, Esquire
Commissioner of Pensions,
Washington City

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[stamp] MURFREESBORO, Ten. DEC 2

[written sideways] 6450 Dec 12 Tenn. July 7, 1838
Mrs. Pulley

Free
James L. Edwards, Esquire
Commissioner of Pensions
Washington.

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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 William Pulley 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? Yes
V.  Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amout of pension he is entitled? Yes
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? citizens only
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Answered
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For year months, and days, I served as a . For- months and days, I served as a -; 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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

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[written sideways] L. Pulley
$30 per an [annum]
Wm. Ledbetter
Murfreesboro, Tenn. 

James L. Edwards Esq.
Comr [Commissioner] of Pensions

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Murfreesboro, Tennessee
13th Nov. 1843

Dear Sir,
The statement in the certificate by the Justice of the Peace, that he is acquainted with Lucy Powell, in Clerical error. It should have been written Lucy Pulley, with whom I am personally acquainted, and who make the Declaration
Please have her case attended to immediately, as she is in very indigent circumstances.
Your obedient servant,
William Ledbetter

J. L. Edwards, Esq
Commissioner of Pensions

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Pension Office
November 3. 1843

Sir,
I return you the declaration of Lucy Pulley that it may be corrected in the identification. The Justice of the peace states that he is personally acquainted with Lucy Pulley.
Very respectfully your obedient servant,
J. L. Edwards

William Ledbetter, Esq.
Murfreesboro
Tennessee

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To the House of Representatives 
March 14th 1840
Commissioner of Pensions

Sir,
The enclosed letter explains itself. Please forward to me the information which and if the paper which it refers to of having been forwarded to your office has been received. Please inform me what decision has been made upon and oblige.
Respectfully yours,
M. P. Gentry

J. L. Edwards, Esq.
Commissioner of Pensions

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[written sideways] 3237 The declaration of signed by Lucy Pulley & Lucy Powell is there pension certified

You will please direct to me at Murfreesboro Tennessee.
Wm. Ledbetter

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Declaration
In order to obtain the benefits of the act of Congress of the 3d March 1843, granting Pensions for one year to certain widows, who have received pensions under the act of July 7th 1838.
State of Tennessee
Rutherford County 
On this 17th day of July 1843 personally appeared before me William Hunt one of the Justices of the Peace for said County, Lucy Pulley a resident of said County, aged about eighty three years, who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed 3d March 1843, granting pensions to widows of Persons, who served during the Revolutionary War.
That she is the widow of William Pulley, who was a Private in the army of the Revolution, Regiment not recollected; and that she has received a Pension of thirty dollars per annum, under act of July 7th 1838. She further declares that she is still a widow.
Lucy Pulley
Sworn to and subscribed before me on the day and year above. And I further certify that I am personally acquainted with the said Lucy Pulley
William Hunt, Justice of the Peace, Rutherford County

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State of Tennessee  
Rutherford County 
I, Robert S. Morris, Clerk of the County Court of said County, do certify that William Hunt, Esq., before whom the within declaration was sworn to one of the acting Justices of the Peace for said County, and that the official signature purporting to be his, is genuine.
In witness whereof I have here unto set my hand, and affixed the seal of said Court at office 17th day of July 1843.
Robt Morris, Clerk

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In my certificate on the first page, it should be Lucy Pulley and not Lucy Powell, which is a clerical error. 
I now certify that I am personally acquainted with the said Lucy Pulley, who make the foregoing declaration, and that she is entitled to full credit in her Oath. Given under my hand, the 13th of November 1842 
William Hunt, 
Justice of the Peace for the County of Rutherford,
State of Tennessee

State of Tennessee}
Rutherford County} I Robert J. Morris, Clerk of the County Court of said county, do certify that Wm Hunt Esq. who makes the forgoing certificate is still an acting Justice of the Peace, for said County, that full faith and credit are due to his official acts, and that the above signature is genuine. Witness my hand, 13th November 1843. 
Robt J Morris Clk [clerk]

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[stamp] MURFREESBORO, Ten. NOV 16

free

Hon. Lewis Cass
Secretary of War
Washington City

[written sideways] Nov. 28 Tenn. 18809

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From Murfreesborough [Murfreesboro] Tennessee

[written sideways] Nov. 28 18809

[stamp] MURFREESBORO, Ten. NOV 16

[written upside down] free
Hon. Lewis Cass
Secretary of War
Washington City

Page 37

Murfreesboro
November 15th 1832

Dear Sir,
I ended you the declaration of William Pulley for a pension which I have had on hand same time having been absent from home in the reason it has not been forwarded sooner I find in the few declaration I have written the greatest difficulty is in recollecting the dates they respectively entered the service I read lest week of Shelbyville from the department the declaration of a [Illegible] Bedford County who stated as well as I now recollect he entered the service some time in the Fall 1779 - was taken prisoner at Charlestown when that was capture. That he was afterwards nearly the whole was engaged in scouting party in guarding the country against the tares. The objection taken to this declaration was that he was not more specific as to the time he entered the seven and that he did not state he was called upon by the State authority of the General Government in these scouting parties I will just observe as to that case it was not expected from that declaration he would be placed on the pension list for longer than a six months service would entitle him to that [Illegible] is a very old and infirm man. It took him I think he told two days to get to the courthouse a distance of 12 or 13 miles so that it will be impracticable to forward an a new declaration before an this court at that place of a new one is