Revolutionary War Pension and Bounty Land Warrant Application File S. 8274, William Cutts, N.C.

SERVICE
NUMBER
N. 6
butts, William
S 8274.
buried
CONTENTS

North Carolina 16.297
William Butts Esq.
of Cumberland in the State of N. Car who was a pp. in the commanded  by Captain of the Regt. commanded  by Col. MORRIS in the N. Car time for 8 months -
Enrolled on the Roll of N. Carolina the rate of 26. Dollars 66 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of July '33 and Sub. Martha L Haybank, Fayetteville.
Arrears to the 4th of March 1833 59 32 Commut. allowance ending 4 Sept. 13 33
$66. 65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M. Rice Clerk, Book E Vol. 6 Page 36.

William Cutts
Rev
Admiral as a private Ohio $2k. 11/11
4. 13. 14
ar. 27. 33
10864 P. 358
Thos L. Hayfeant Laytonville N.C.

68. BRIEF in the case of  William Guth  of  Cumberland  in the State of  N.C.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 79  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     Spring In 1780 volunteer 4 Seruate Capt Hackett Colo. Moore   again entered " 4 " Capt Tolson Col Alston  
 5. In what battles was he engaged? a fight with the Tories under taken Prisoner  6. Where did he reside when he entered the service? Cumberland N.C.  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? The last person of service is not stated no living witness nor reason given 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

State of North Carolina } Court of Pleas & Quarter Sessions Cumberland County } September Court 1832
On this third day of September 1832 personally appeared in Open Court the Court aforesaid Now sitting William Scott, Senr. a resident of said county State was aged Sixty Nine 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 7 th 1832. That he entered the service of the United States under the following named officers, and served as herein set forth. He first entered the service in the County of Cumberland State aforesaid in Captain Simon Hadley's company of Militia attached to Col. Thomas the Regiment of Militia that the Regiment rendezvoused at the Mouth of Rockfish Creek to from Miles below Crop Creek Now Fayetteville Marched thence to the Town of Wilmington in this State by Elizabethton in Bladen County from Wilmington they Marched through Brunswick county to the South Carolina line crossing that to Georgetown South Carolina thence to the City of Charleston where he was stationed, during the siege of that City where he remained until he was discharged at that City. This was for a term of four Months which he was in service. He volunteered into this service for this term this he believes was in the year 1780. This was in the Spring of the year. He returned home in the last of April of that year and again entered the service in the County aforesaid as a volunteer in Capt. Israel Folsome whose company was attached to Col. Philip Alston's Regiment from Cumberland Marched South crossing Drowning Creek at Alford's ferry from where went up the country crossing the above Creek at Cole's Bridge from thence into Moore county. to Dup River descending said River by the Iron Works near Col. Alston's House where they fell in with a party of Tories commanded by Col. Fanning when after a sharp fight the enemy beat us & took us Prisoners when we were parolled & returned home this service was a term of four Months. No battle happened but two days before our time term of service expired

I was born in the County of Johnston North Carolina 1 st day of January 1753.
I have no record of my age at this time having lost the Book containing it
I was living in the County of Cumberland when I entered the service and have continued to reside there ever since except when in the service I now reside there.
I was a Volunteer.
I recollect that Genl Lincoln commanded the American Troops at Charleston.
I received discharges from both My Captains but have lost them
I would refer to Alexr Melrod Richard Buckalee & Jno A Brown Esqrs Hardy Blalock & others. I could name as to my character for veracity and as to the reputation of my being a Revolutionary soldier.
We hereby relinquish every claim whatever to a Pension or annuity except the present and declare that his name is not on the Pension roll of any State
Sworn to and subscribed the day and year aforesaid
Test D r M c Diarmid
We Alexander Melrod & Richard Buckalee residing in the County of Cumberland hereby certify that we are well acquainted with William Cutts sen r who has subscribed and sworn to the above declaration and that we believe him to be seventy nine years of age & that he is respected and beloved in the neighborhood in which he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn to & subscribed the day and year aforesaid
A. Melrod
R. Buckalee
Test D r M c Diarmid

And the said Court do hereby declare their opinion after the investigation and after putting the interrogatories presented by the War Department that the above named applicant was a Revolutionary soldier and served as he states and the Court further certifies that are residents of said county and are credible persons and that their statement is entitled to credit
John Spence J.P. Qual
D.W.M. Powell J.P. Qual
William Mackay J.P. Qual
I Daniel McShane Clerk of the Court aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Butts for a Pension
In testimony whereof I have hereunto set my hand and seal of office this 3rd day of September October A.D. 1832
D.M. Diarmia Clerk
The Court certifies that Alexander McLeod & Richard Huckakee Esqrs the Witnesses who were examined before the said Court in the matter of application of William Butts for a Pension whose names appear to the certificate in the proceedings thereon are credible Witnesses that their statement is entitled to full faith & credit
John Spence J.P. Qual
William Mackay J.P. Qual

Revised
82 3/4 INVALID.
am
File No. 82 3/4
William Griggs
Rev. Rev. War.
Act: June 1 th 1832
Index:—Vol. 102 , Page 84
[Arrangement of 1870.]

Fayetteville 4 th June 1855
Sir
Enclosed I send you the applications of William Butts Sen and Joseph Rodgers of this County for a Pension the papers have been amended in conformity with the briefs annexed which are herewith returned.
Respectfully Your obedt Servt
To J. L. Edwards Esq.
Thos. L. Hykeart
Comm. of Pensions.

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 Cutts which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? NO V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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 ?
XII. If the clergyman's affidavit has not been produced, is there 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 ? no
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? no
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 ? yes
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.

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.

State of North Carolina } Cumberland County }
Personally appeared before me the undersigned a justice of the Peace in and for said County William Cutts who being duly sworn deposes and saith that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise period of the War. When his two tours of service were performed but according to the best of his recollection both tours of service as set forth in his declaration were performed in the year 1780. And he further swears that he does not know of any surviving comrade in either of the said tours whose testimony he can procure to prove his service they being all dead so far as this Affiant knows.
Sworn to Halesubscribed before his William J Cutts Jew. Me this 3rd of June 1833 Mark
10th Qual
A. M. Lood
I Daniel McDiarmid Clerk of the Court of Pleas and Quarter Sessions in and for the County aforesaid here by certify that Alexander McLeod Esq whose name is affixed to the foregoing Affidavit of William Cutts Jew is an acting justice of said County that his name is in the proper hand writing of said McLeod and that his Official acts are entitled to full faith and credit. And I further certify that Jno McAlister & Duncan McRae Esqrs who certify as to the credibility of Alex. McLeod & Richard Mackall Esqrs who the Witnesses examined before the Court in support of

The Declaration of the said William Cutts. are acting Justices of said County these Members of the Court before whom said declaration was made and that their names to said certificate affixed are in the proper hand writing of said McRae & McAlister and that their official acts are entitled to full faith and credit
In testimony whereof I have hereunto set my hand and affixed my seal of office this 4th of June 1833
J. M. Diarmid