Revolutionary War Pension and Bounty Land Warrant Application File S. 8539, David Fulton, N.C.

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(3-1776)

Service
NC

Fulton, David

Number
S.8539

Carded

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16.10.6
North Carolina
David Fulton
of Macon in the State of North Car. who was a pri. in the company commanded by Captain Griffy of the Regt. commanded by Col. Lytle in the North Car. line for 2 months.

Inscribed on the Roll of North Car. at the rate of 66 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.

Certificate of Pension issued the 8th day of July '33 and sent Jno. Tathan
Franklin NC

Arrears to the 4th of March '33 - 133.32
Semi-anl. allowance ending 4 Sept " - 33.33
$166.65

{Revoluationary Claim, Act June 7, 1832.}
Recorded by Wm. Miller     Clerk,
Book E.      Vol. 6.      Page 40

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17.664
David Fulton

Admit as private
20 mo.  $66.66


Ri

4.5
S.320

April 4
John Tathan
Macon County N.C

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Brief in the case of David Fulton
of Macon County in the State of N. Carolina
(Act 7th June, 1832)

1. Was the declaration before a Court or Judge? Open 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 1777. about 6. Private. Capt Griffy & Col Lytle. North Carolina
Not Stated. about 10. ". Capt Wm Lytle & Col Arch Lytle. "
do do (substitute). 3. ". Capt Geo Hodge & Col Taylor. "
do do. about 1. ". Major Perkins. "

5. In what battles was he engaged? Stono

6. Where did he reside when he entered the service? Hillsborough

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence alone

8. Are the papers defective as to form or authentication? and if so, in what respect? they are properly authenticated

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
M Jordon Examining Clerk.

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State of North Carolina
Macon County

County Court of Law
October 1832

On this twelfth day of October 1832 David Fulton a resident of Macon County in the State aforesaid aged 82 years who being first duly sworn according to law doth in his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June the 7th 1832- That he entered the service in the [Winter crossed out] Spring of 1777 as a Volunteer under the command of Colonel Lytle, of Hilsborough and marched to a town in Virginia Called Catonsburg thene to Moons Creek - Major Dixon and John Griffy were our commanders, was there furloughed, and returned in condition that we would join the regular army, the time we served was about six months, He next started as a regular under the command of Gen Lincoln and Brigadier General Summer, Colonel [John crossed out] Archy Lytle, Captain William Lytle, from Hilsborough to Camden South Carolina, and there remained about ten days, then proceeded to the ten mile house near Charlestown and there remained about two weeks returned thence to Moncks Corner in South Carolina and turned a South course to Savannah river and

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camped at a place called the dinolley camp- about three quarters of a mile from Curisburgh. thence to Curisburgh and remained there some time, from Curisburgh he marched to the Black Swamp and remained some time thence to Monoe where he was in an engagement with the British the militia being on the left he then marched to Sheldon and thence with prisoners to Salisbury and discharged being abo ten months in the service during the last term and was discharged by Colonel Lythe- he has lost the discharge but herewith anchored the affidavit of Daniel Brysons to whom he shared his discharge some time since, was afterward a substitute for the space of three moths in place of James Gate who was drafted- had served under Gen Butler Colonel Taylor and Captain George Hodge, in pursuit of Tory Fannon with whom he engaged at the Raft Swamps above [Fayetteville] N [Carolina] was in other volunteers turn in what was called the ten days service about a month altogether under major Pickens in and about Hillsborough, he has no documents as were all burned in his bouse but presents Daniel Brysons certificate to show that he has such, He hereby [?] wishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension bible of the agency of any state

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Sworn to and dedicated the day and year aforesaid [?] John Hale [?]
David Fulton [x Mark]

[strikethrough] And the district court do hereby declare their opinions [/strikethrough]

We Humphrey Posy clergyman residing in the county and John Tatham residing in the said county hereby certify that we are with acquainted with David Fulton who has described and sworn to the afore 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- shown and subscribed the day and year aforesaid 
alast
John Hale [?]
Humphrey Posy
John Tatham

[?] the said court do hereby declare their opinion, after the investigation of the matters, and after putting the matters about prescribed by the War Department, that the above named applicant was a Revolutionary soldier and served as he states. And the court further certain that it appears to them that Humphrey Posy who

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who has signed the preceding certificate is a
clergyman resident in the County of Macon and that John Tatham who has also signed the same is a resident in the said County and is a credible person and that their statement is entitled to credit. I John Hale Clerk of the court of Macon do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Fulton for a pension. In testimony whereof I have hereunto set my hand and seal of office this 12th day of October 1832 John Hale Clk
Daniel Bryson being sworn saith that he has seen a discharge in the possesion of David Fulton purporting to be from Col Lytle of the continental line and also a certificate specifying that he was on the continental record and believes the certificate was signed by Colonel
Murphy. attest John Hale Clk
Dan Bryson

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Rev. and 1812 War Section.

March 18, 1926.

Mrs. O. E. Lankford
1605 S. Orchard Knob 
Chattanooga, Tenn.

Madam:
I have to advise you from the papers in the Revolutionary War pension claim, S. 8539, it appears that David Fulton enlisted at Hillsborough, North Carolina, in the spring of 1778 and served six months as private in Captain Griffy's Company, Colonel Lytle's North Carolina Regiment;; and later in same year, he enlisted and served ten months in Captain William Lytle's Company, Colonel Archibald Lytle's North Carolina Regiment, and was in the battle of Stono Ferry. 
In 1781, he served three months in Captain George Hodge's Company, Colonel Taylor's Regiment.
He also served several short tours in the Militia under Major Pickens. 
He was allowed pension on his application exe-

[handwritten] Based 1778- as he had almost continuous service. and battle of Stono Ferry June 20 '79- where Clo Archibald Lytle was wounded

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[executed] October 13, 1832, while a resident of Macon County, North Carolina, aged eighty-two years.
There is no data on file as to his family. 

Respectfully,

WINFIELD SCOTT
Commissioner.

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David Fulton-

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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 [handwritten] David Fulton [/handwritten] which require further proof or explanation.

I. Does the declaration show where the applicant resides? [handwritten] Yes [/handwritten]

II. Did the declarant make the declaration in the county where he resides? [handwritten] Yes [/handwritten]

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? [handwritten] sho [/handwritten]

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 amount of pension he is entitled? [handwritten] sho [/handwritten]

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? [handwritten] Yes [/handwritten]

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? [handwritten] Yes [/handwritten]

VIII. Has the Court given their opinion? [handwritten] Yes [/handwritten]

IX. Has the Clerk given his certificate? [handwritten] Yes [/handwritten]

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? [handwritten] Yes [/handwritten]

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2

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?  Yes

XII. If the clergyman's affidavit has not been produced is ther any reason assigned for not obtaining it?

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?

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?

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 sowrn, 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 shown 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 or 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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8539
David Fulton

Feb 12 1832 ‘ 82
Mason Co. N.C.

77 Hillsboro NC Capt Jno Griffy Enl title Pvt 6 mos

78 Capt Wm Lytle and Col Lytle Pvt 10 m

81 Capt George Hodge Col Taylor Pvt 4m

Stone Lake

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2-3-1926

Interior Bureau of Pensioners

[illegible] of one David Fulton who was a private in the Revolutionary from N.C., I think 
So much oblige

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Ref 3847

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603 St. N.W.,
Washington DC
April 29th, 03

Hon. E. F. Ware
Comr. of Pensions,
Washington D. C.

My Dear Sir:
You will confer a great favor by informing me whether a man by the name of David Fulton, from Southwestern VA, or from any section of Va, served in the War of the Revolution; and, if so, please give place of residence and enlistment, and state whether he ever drew a pension, and if so his place of residence at date of death.
Please give his full history as found; or if more than one soldier from Va. by name of David Fulton in war of Revolution,

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2

Please furnish their different histories or records. But I am more particularly interested in records of David Fulton of Southwestern portion or section of Va.
Anticipating an early reply to this inquiry, [illegible]
Most Respy
W. G Fulton

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Mch, 22, 1901

Hon . Claude A. Swanson

Ap 13-1901
To above date & place of birth & names of parents not shown

May -2-1903

W G Fulton city
1926 Mch 18 Hrsh to Mrs O. E. Lankford 

INVALID
File No. 8539
David Fulton
Priv Rev War
Act: June 7th 1832
Index:-Vol. Set, Page 134

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State of N. Carolina  
Macon County

Personally appeared before me the undersigned a Justice of the peace David Fulton who being duly sworn deposeth and saith upon oath that in the year 1777 he did serve a six month [illegible] as a vollunteer and in the latter part of that same year he did enter the service of the regular army and in that year and in the year 1778 served a ten month [illegible] and in the year 1781 served a three month [illegible] for James Tate as a substitute and in the latter part of that year served one month as a draft man Sworn to this day 2th of May 1833
John Tatham JP

X this his mark David Fulton

North Carolina at  Macon County

I John Hale, Clerk of the Court of pleas and [illegible] for the County of Macon aforesaid, do hereby certify that John Tatham Esquire, whose name is signed to the above affadavit is and was at the time of signing the [illegible], an acting Justice of the peace and the County of Macon aforesaid, and that due faith and credit is and ought to be attached to his signature as such 
In testimony of which I have hereunto set my hand & have affirm the public seal  for my office at [illegible] the 3rd May 1833
John Hale Clerk