Revolutionary War Pension and Bounty Land Warrant Application File S. 15,846, James Fugate, Va.

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Service Va. [Virginia] Fugate, James Number S. 15,846
Carded.

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Ref: 15 [ink-blotted] '42 [illegible] to [illegible] agt [ink-blotted][illegible] 1847 to [illegible] J. S. Green of [illegible] Audited 13 May 1848. [illegible] 3 @ [per] Aud. May 28 1850.

Missouri, No. 31.984. James Fugate Senr. of Monroe Co. in the State of Missouri who was a private in the company commanded by Captain Esom of the Regt. commanded by Col. Gibson in the Virginia line for six months. 

Inscribed on the Roll of Missouri at the rate of 20 Dollars [0] Cents per annum, to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 14th day September 1842 and sent to P. Williams Paris, Missouri. 

Arrears to the 4th of Sept. 1842 $230.00 Semi-anl. allowance ending 4 Mar. '43 10.00 [total] $240.00 Revolutionary Claim, Act June 7, 1832. Recorded by W.M. Steuart Clerk, Book E. 2. Vol. 9 Page 57

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27,499 James Fugate sen. yo. [unknown symbol] Declaration for Pension War Department 

[illegible] the 11th day of July 1842 Jno G Caldwell [unknown symbol]

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Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832
State of Missouri County of Monroe sd [said] 
on this 11th day of July S.D. 1842 personally appeared in open court James Fugate sen. before the circuit court for the county of Monroe and State of Missouri, it being a court of the Monroe now sitting James Fugate a resident of the county of Monroe and state of Missouri. Aged Eighty Seven years this 29th day of March last - 1842. Who first being sworn according to Law, doth in his oath make the following declaration in order to obtain the benefit of the act of congress passed the 7th of June S.D. 1832.

That hr the man James Fugate entered the service of the unitedstates under the following named officers. 

This declarent was pressed with his waggon and five horses into the service of the unitedstates by the order of Col. Gibson, then stationed at Fredricksburg in in the state of virginia, this declarent then being a resident of Fredrick county va.

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and was immediately employed in halling [hauling] Canon + [and] Canon Ball [illegible] James works in the county of Fredricks and State of Virginia and continued in this service and other necessary service as a waggoneer for the Army in Virginia for 6 months, - at the end of this service this declarent with his waggon as before stated was ordered to go as a Baggage Waggon to hall [haul] the sick + [and] as a good many of the troops then had the small pox, from Fredricks to New York and this declarent was engaged in this Cart service from Fredricksburg under the Command of Col. Gibson to New York a full tour of 6 months more, making the whole service with the waggon 12 months in the virginia line - And for this service your declarent obtained a discharge for 12 months term the Waggon Master of Col. Gibson Reg. what discharge was placed after my return home in the possession of my Brother named Randolph Fugate, of the county of wythe va the name of the waggon Master I do not now recollect - this service as well as I now recollect was rendered not long after the war in va [and] the south continued and I think in the year 1777 or 78 - shortly after the termination of this service this declarent elisted [enlisted] in the war for two years and after his

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enlistment he joined col. Gibson Rg. of the va line, the name of the security offices from whome this declarent accepted the [underlined] bounty he does not now remember, this declarent was then commanded by Capt Esom, the names of the other offices of col Gibsons Reg. I have forgotten - this declarent personally served under this enlistment for 6 months, and was then taken sick and unable for service and obtained a parole and returned home to the late residence of my Father and when I got back in Fredrick county va my Father had moved to washington county va this declarent remained unable for service off [and] on for near a year [crossed out] and this declarent was sent for in order to render the service under the enlistment for two years, but being unable to go this declarent hirred [hired] and substituted in his place one Captain William Williams (of Fredrick ct va) to serve during the war and this declarent paid him two hundred Dollars in cash and a rifle gun, and for the service which this applicant had rendered as of man and the substitution of the man williams this applicant received a discharge during the War which discharge was also plain with Randolph Fugate as before stated as to the first.

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This declarent further states that the name of the officer who recced Williams as a substitute in the place of your declarent was Capt McClanigan or McClaighan at least a name of that sound, - I then, after recovering my health, went to washington county virginia where my father had moved to during my absence.

And shortly after I arrived in Washington County, there was a call for volunteers to March to Kings Mountain, and this declarent with about one Hundred others volunteered under the command of Capt Snoddy, I think his name was Johns, this company were all horsemen well mounted and joined the Reg. commanded by Col Cloyed and on our mark to Kings Mountain at the shallow Ford of the Yadkin River in N. Carolina we had a small Battle with about 400 loyalists or forces and we killed about 80 of them and took the balance prissioner [prisoner] of war and shortly after this Col Cloyed Reg joined Col Campbell Reg we then marched on in company with Col Campbell to meet Ferguson [“and” crossed out] at Kings Mountain and there we found him ready for the attack and then several Regs of

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The American Troops joined Col Campbell Reg at Kings Mountain, but many of all the officers I do not at this time recollect, but will state all I can. Col. Lacy [and] Col. Williams and others were commanders in the action at Kings Mountain. Furgason was then Chief British commander in the action and was killed a considerable number of the British were killed and the Col and I think 800 taken prissioner [prisoner] – at the close of this battle, Col. Campbell Reg. with the Dragoons then aimed to winchester va, but met with a defeat at Ramsour’s Mill in consequence [illegible] we retreated to [illegible], and remained there four days, the Dragons then joined Col. Lee and Williams Washington, upon the Allemance Creek then Col. Lees forces and the English as well as I now recollect under the command of Fulton or Cornwallis were only separated by 26 [illegible] River then some little skirmishes took place between the [illegible], but we were ordered from this position to Gilford courthouse by General Greene, then both wings of the army met and then we had a [smudged][illegible] battle, then Col. Campbell [smudged][illegible] the officer

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ailed well [ink smudged][illegible] part and in this battle this declarents clothing was shot through in several places just touching the skin of the body in this volunteer campaign this declarent served the full sum of 6 months and also then received his [illegible] discharge which was also deported at his brother in Wythe county va, all three of which discharges were left at [with] my Brother and some 20 years after I went to my Brother for the purpose of selling the discharges but he had been dead for several years before and all the discharges were lost or distroyed [destroyed] so that your declarent was unable to get any of them. 
This declarent further states that after he returned to washington county from the Dragoon Company as before stated, a Draft was made in washington county va where this declarent resided and in [illegible] of this applicant then having a discharge during the War as before stated he could not be Drafted, but one James Crocket of fair county who was [illegible] was Drafted for 6 months [illegible] and he agreed to give this declarent a horse [and] his [illegible] in his place for 6 months which I did

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and served out the six months tour as was done by this substitute then union Capt. Draper and at the 4 [illegible] of the 6 months tour I also [ink-blotted][illegible] a proper written discharge which was placed at my Brothers as before stated which was lost or distroyed [destroyed] by then who had the [illegible] of this papers after his Death as the other discharges then used my [illegible] or with the glory [illegible] for liberty. 
This declarent further states that after the war was over he left va and settled in Bourbon County state of Kentucky [and] settled there in 1793 and lived in that county [and] state until 1833 or 4 when he moved to the county of Monroe and state of Missouri where he now resides. 
This declarent further states that he does not at this late period know of anyone living by whom he can prove his services as stated and that all documentary Evidence has been long time lost but he supposes his name will be found on the virginia Rools [rolls]. 
This applicant further states that he should not now think of applying for Arms to his country but the decline of life and the Want of memory to [ink-smudged][illegible] his declining years [ink-smudged][illegible]

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[ink-smudged][illegible] now induces your petitioner to apply to [ink-smudged][illegible] his county to enjoy the fruits of his toil in her came [name?]; which he has no doubt she will be as willing to give as your declarent was to act in her defence and as he supported her in her [underlined] infancy she will support him in [underlined] old age.
Your declarent further states that he served with an embodied corps called into service by competent orthority [authority] and that he was in this field nealy [nearly] the whole terms of service except the short stays at the points specified in this declaration, and for the time during which he the service was as performed, he was not employed in any civil pursuit.
And this applicant hereby has relinquishes every claim whatsoever to a pension or [illegible] except the present aged declares that his name is not on the Pension Rool [roll] of the Agency of any state as with by my hand this 11th day of July S.D. 1842.
[illegible]
This declarent further states that he is very hard of hearing and has not for a number of years attended public worship and therefore has no acquaintance with or sufficiently so, with a member or of the Gospel in mo as to be able to obtain

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a certificate from [illegible] illinois ten of of the gospel have, but would refer the department to Barton Stone of Illinois, who has been a preacher of note [and] long standing in the state of Kentucky, a [illegible] and is now a preacher of the Gospel.
This declarent further states as the reason why he has not before now applyed for a pensions, is that he had always determined not to apply, unless his situation in life compelled him to do so, and that now at this advanced age of his life he feels the necessity of changing his mind as a matter of necessity on his part, as your applicant now is wholy dependent on his children for support in old age, but something was once said about an application but whether I was sent or not I do not know
subscribed and sworn to the day [and] year above stated in open court
[signed] James Fugate Sen
[in another hand] Sworn to in open court on the 11th day of July 1842
[signed] Jno G Caldwell [illegible]
I John G Caldwell cleric of the circuit court within and for the county of Monroe state of Missouri do hereby certify that I wrote the name of James Fugate as subscribed to the above and foregoing declaration [added] at the request of said Fugate and that I handed him a pen to make his marks which he could not do owing to the shaking of his hand
[signed] albert john caldwell [illegible]

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Monroe County
State of Missouri
This day personally appears in open court Caleb Woods and upon his oath after him duly sworn states that they came acquainted with the said James Fugate the applicant for thirty years that he has always been considered an honest man and that his oath is [illegible] to great height and that this affiant enjoys his veracity for this wholy [ink-smudged][illegible] unimpeached and that his declaration here would be taken as true upon his oath – [illegible], this affiant never [illegible] with the affiant about the War and the [illegible] not any thing in that particular
subs and to sworn in open court this 11th day of July 1842
[signed] Caleb Woods
Subscribed and Sworn to in open court – on the 11th day of July 1842 
[signed] Jno G Caldwell
[illegible] personally appeared in open court on the same day [and] year [illegible] William Armstrong who being duly sworn [ink-smudged][illegible] that he has been acquainted with the applicant for [ink-smudged][illegible] years [and] that his oath is [illegible] to full credit and and has always been repeated in this neighborhood as an honest man 
[ink-smudged][illegible sentence]

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Subscribed and Sworn to William Armstrong [crossed-out][illegible] in open court on the 11th day of July 1842 [signed] Jno G Caldwell
I Priestley H McBride judge of the Court do hereby declare my opinion that the above named applicant James Fugate Sen. was a revolutionary soldier and that served as stated by him 
[signed] P. H. McBride Judge 11th Jud. Cir. Jno. 
I Priestley H McBride Judge of the fourth Jno [illegible] circuit in [illegible] state do hereby certify that William Armstrong [and] Caleb Woods are credited [ink-blotted][illegible] pensions and then statements entitled to full credit given and my hand this 20 [illegible] 1842 
[signed] P. H. McBride Judge 11th Jud. Cir. Jno.
State of Missouri 
Monroe County sd
I John G Caldwell Cleric of the Current Court within and for the County afore said do hereby certify that on this day James Fugate appeared in Open Court and [illegible] his declaration and was Sworn to take [illegible] in open court and do hereby certify that the foregoing coutams the oreginal proceed in so of the said court in the matter of the application of James Fugate for a pension 
In testimony whereof I hand [illegible] my hand and the seal of [ink-blotted][illegible] this 11th day of July 1842 
[signed] Jno G Caldwell [illegible]

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[handwritten] 15846
Invalid.
File No. 15846 James Fugate Pri. Rev. War 
Act: June 7  "32
Index:–Vol. /, Page 135
[Arrangement of 1870.]

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Paris august 20th 42
Dear Sir, 
Your polite favour of the 28th of July, with the Declaration of Fugate have [illegible] the old man is [illegible] find that it is improbable for him to obtain positive proof on to his service in consequence of the Death of his fellows in arms – (the act of God is not to produce any man) – I did not [illegible] in the certificate of the court particularly; but hand him the pen to forms and entirely overlooked the want of the [illegible] necessary to establish the credibility of the witnesses what Certificate is now witnessed by the same Judge, the Judge of 4th judicial circuit. He stated the Waggon service in order to show the department our first connection with the War, being well advised that the [illegible] Law made no provision for pay for there hand of [illegible]. 
You will see that the appl states that the end of his Decl in Blue ink that something was once said

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on appl. but whether it was sent or not he does not know I drew the declaration in a Hurry and in bed – that part to qualify the former statement, to show that he did once make a declaration but, whether it was sent or not he does not know, the imperfect qualification of that part is attractable to writer alone in the hurry of the court [illegible].
In relation to the declaration which you say was sent and returned the old man has no knowledge of since that he now recollects of, but would be glad to be able to find them if in his power.
The true fact of his enlistment for 2 years and the [blurry][illegible] section of Williams to serve out the time appears upon the Rools [rolls] of the department, sir can see no objection to allowing him his pension for that period

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It seems that Depar [department] in continueing the Law say to require positive proof would deprive many of the benefit of the Law at this late period – and to take the declaration as sufficient would be to open the treasury to great [illegible]. 
A just medium seems to present the best rule for carrying into effect the Act of Congress
In relation to the proof of service, when the name of the applicant is not found on the Rools [rolls] of the department positive proof is required of two witnesses, but not so when the man is on the Rools [rolls] of the war depart [department] as the name on the Rools [rolls] makes out a prima facie [Latin][first impression] can and [illegible] the presumption in favour of his service – [ink-blot][illegible] you an [illegible] adorned upon this [illegible] act then we are then suggestions are therefore respectfully submitted. 
We on [illegible] the applicant is a true and meritorious one and we feel the solicitude of an American that the department should give his case a favourable consideration and what pension you think he ought to have 
respectfully your Obt. [obedient] Sut. [subject] 
[signed] P Williams