Revolutionary War Pension and Bounty Land Warrant Application File S. 16122, John Fuller, Vt.

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(3-1776)
SERVICE NUMBER
[handwritten] Vt. Fuller, John S.16122 
[handwritten] Carded
CONTENTS

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[illegible word due to damaged paper]
Vermont
______
John Fuller of Bennington in the State of Vermont who was a private in the Company commanded by Captain Briggs of the Regt' commanded by Col. Warner in the Vt. mil line for 14 mos.
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Inscribed on the Roll of Vermont at the rate of 46 Dollars 66 Cents per annum to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 31 day of Augt. 1833 and sent to 
Wm Haswell Bennington
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Arrears to the 4th of March 1833       $93.32
Semi-anl. allowance ending 4 Sept -    23.33
                                                           ________
                                                           $116.65
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{Revolutionary Claim, Act June 7, 1832.}
Recorded by W. L. Williams, Clerk.
Book E. Vol. 3 Page 14

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Solomon Fuller of Shaftsbury, of Bennington County State of Vermont, of Lawful age do testify and say that I am a brother of John Fuller, and that I know of his being in the government service at sundry times during the revolutionary war.
/s/Solomon Fuller

Sworn to and subscribed in Probate Court this 14th day of August, A.D. 1832
/s/Wm. Haswell, Register.
[court seal affixed]

State of Vermont
Bennington Probate District}.
In testimony that the deponent above names is a credible person I have hereunto officially set my hand and seal of office.
/s/Wm Haswell, Register

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Moses Durkee, of the town of White Creek, county of Washington, state of New York, now personally in open court aged 73 years, who being first sworn according to law doth on his oath testify and say, That I was in early life and during the revolutionary war acquainted with John Fuller now a resident of Shaftsbury, county of Bennington, state of Vermont, that I knew he was in the service at Pittsford in the state of Vermont in the year of 1780, and frequently saw him do duty.
Bennington, Aug. 14, 1832. /s/Moses Durkee

Sworn to and subscribed in Probate Court this 14th day of August, A. D. 1832.
/s/Wm. Haswell, Register

I certify that Moses Durkee is a credible person
/s/Wm Haswell, Register

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John Fuller's Declaration
20628


W. Haswell

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STATE OF VERMONT,
County of Bennington.}ss.
On this 14th day of August A. D. 1832 personally appeared in open court, before the Hon. the Court of Bennington, now sitting, at Bennington John Fuller a resident of Shaftsbury make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832. I John Fuller ['was[illegible]' crossed out] was one of the Militia under the command of Capt Jonas Gatuska, and was marched from Bennington May 1777. to Saratoga, and from Saratoga to Fort Edward joined Col. Seth Warner and marched from Fort Edward and to [margin note: m 1-4-] the town of Corinth Saratoga Co. N.Y. and returned to Saratoga and dismissed, having served as he verily believes thirty five days. And afterwards, I should think in July the some reason, I was called to Manchester [margin note: -21] under the command of Lieut. Segan of the militia and continued about 3 weeks and then returned home, (the last mentioned time I was under the command of Col. Warner while at Manchester.)
In March 1778 - I entered the service under Capt. Joseph Safford of Bennington to serve two months, and a few days after left home and when when we arrived at Rutland, [margin note: 2-] (I think I was put under the command of Capt. Briggs) and marched to Brandon, and served two months, and returned to Rutland and discharged.
In the fall of the same year (I think in September) I was drafted and put under the command of Capt. Briggs or Lieut Hyde, and continued two months [margin note: 2-] and then dismissed and returned home.
In 1779, in April I was again called out for two months and marched to Rutland, and continued two months and dismissed. In the fall of the same [margin note: 2-] year, I was again called out for two months and marched to Rutland, and continued two months and dismissed. I do not recollect who the officers were.
In 1780, I was again called out for eight months and marched to Pittsford and [margin note: 5-] continued five months and was paid for that time and served as substitute for the  remainder of the time.
After 1780 - I was called out under the command of Capt Lawrence and Lieut Dyer, both of Shaftsbury, and marched to Castleton, I should think I continued [margin note: 1 -] one month
After the last mentioned time I was since to serve one term (2 months) [margin note: 7] by Edward Aikens of White Creek, N. Y. and should think I served one week for him.
[margin note: 14-2] I hereby relinquish every claim to a pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any state. That he has no documentary evidence. - In answer to the interrogatories propounded by the Court. The applicant declares, 1st That he was born at Coventry, Connecticut, Dec. 26, AD. 1760. 2d That he has no record of his age, 3d That he lived in Shaftsbury, Vt. when called into service, and has resided there ever since 4th That he was a volunteer a part of the time, and a part of the time was drafted, and a part of the time as a substitute for his father Elijah Fuller. 5th That he recollects no regular officers other than those named in the declaration. 6th That he never received a written discharge. 7th that he is known to David Huling + Darius Clark, who can testify as to his character for veracity.
/s/John Fuller

Sworn to, and subscribed, the day and year aforesaid. /s/W, Haswell, Register
We, Daniel Huling residing in the town of Shaftsbury and Darius Clark residing in Bennington hereby certify, that we are well acquainted with John Fuller, who has sworn to the above declaration; and we believe him to be 72 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.
/s/Darius Clark
/s/Daniel Huling

Sworn, and subscribed, the day and year aforesaid. - /s/Wm. Haswell, Register.
And the said court do hereby declare their opinion, after the investigation of the matter, and after putting 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 Darius Clark who has signed the preceding the certificate, is a credible person resident in the town of Bennington and that Daniel Huling who has also signed the same, is a resident of in the town of Shaftsbury, and is a credible person, and that their statement is entitled to credit. /s/S. Danforth Judge
[court seal affixed] I, WILLIAM HASWELL, Register of the court of Probate for the District of Bennington, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Fuller for a pension.
In testimony whereof, I hereunto set my hand and seal of [blank] office, this 14th day of August A. D. 1832
/s/Wm. Haswell

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20,628
John Fuller
14 mos
J.J. 4666

Wm. ['Hasbl' crossed out] Haswell
Bennington Vermont

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WAR DEPARTMENT, Pension Office, June 5, 1833

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension will be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
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A Statement, showing the Service of John Fuller of Bennington in the County of Bennington Vt.
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[column headings: Period when the service was rendered.|Duration of the claimant's service.(Years.|Months.|Days.)|Rank of the claimant.|Names and Rank of the Company officers under whom he served.|Names and Rank of the General and Field officers.|Battles in which the applicant was engaged.|Country through which he marched.|Place of abode when he entered the service, and age at the present period|Evidence by which the declaration is supported.|
May 1777||(time not specified)|Pri:|Capt Gatuska|Col Warner|[blank]|From Bennington to|Bennington|Living witness|
July 1777|(about 21)|Briggs|[blank]|None|Saratoga|Vermont|[blank]|
Mar 1778|([blank]|2|[blank]| " |[blank]|[blank]|[blank]|thru Vermont|[blank]|[blank]|
Apl 1778|([blank]|2|[blank])| " | " |[blank]|[blank]|[blank]|[blank]|Papers not authentic|
Apl.1779|([blank]|2|[blank])| " |[blank]|[blank]|[blank]|[blank]|Aged 72 years|[blank]|
1780|([blank]|5|[blank])| " |[blank]|[blank]|blank]|[blank]|[blank]|[blank]|
after 1780|([blank]|1|[blank])|[blank]|Lawrence|[blank]|[blank]|[blank]|[blank]|[blank]|
after|([blank]|[blank]|7)|[blank]|[blank]|[blank]|[blank]|[blank]|[blank]|[blank]|

I am, respectfully, Your obedient servant, 
J. L. EDWARDS, Commissioner of Pensions.

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2 REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line,' State troops," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits et the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval Service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of} County of} ss. 
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers : 

[Here set forth the names and rank of the Field and Company Officers; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank] 
Sworn to and subscribed the day and year aforesaid. [blank] A. B. 
[And then will follow the certificate of the Court.] 
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c. 
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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. 
Sworn and subscribed the days and year aforesaid. 
[And then will follow the certificate of the Court.]
 And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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3

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted: and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute: And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.{To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer.{Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons-one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the, declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties. which the Court is herein requested to perform;
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he most assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making au 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."
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 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 that 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 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 place 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.
[f]The law makes the relinquishment indispensable.
[g] The opinion or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
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 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] 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 the claimant's 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.
⇨The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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[handwritten letter]

Bennington, Vt. July 1, 1833.

Hon. James L. Edwards, 
Sir, 
I herewith forward the applications for pension of Simeon Hicks, Nathan Stone, Prosper Wheeler, Isaiah Hendryx, Reuben Gulliver, Joshua Hall, John Fuller, Sylvester Andrew, + Abraham Grimes.
I am Sir, Your's respectfully, 
/s/Wm. Haswell

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16122
INVALID. [initials: ow]
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File No. 16122
John Fuller
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Act: June 7" 32
Index: - Vol. 1, Page 135
[Arrangement of 1870.]

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paper]
[damaged Personally appeared before this Ho[obscured by damage] now in session at Bennington, [obscured by damage] of Shaftsbury, in the County of Be[obscured by damage] and State of Vermont, who bein[obscured by damage] deposeth and saith, that by reason of old[obscured by damage] 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, viz.
For one years + two months, I served as a private and for such service I claim a pension. - 
/s/John Fuller
Sworn to and subscribed in Probate Court, this 18th day of June A. D. 1833.
[court seal affixed]
In testimony where of I have hereunto set my hand and seal of office.
/s/Wm Haswell, Register

I Isaiah Matteson, a Clergyman residing in Shaftsbury hereby certify that I am well acquainted with John fuller who has subscribed and sworn to the above declaration; that I believe him to be 72 years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution, and I concur in that opinion.
/s/Isaiah Matteson
/s/Wm Haswell, Register.
I certify that Rev. Isaiah Matteson is a credible person, and that his statement is entitled to credit.
Attest. /s/Wm Haswell, Register