GIBSON COUNTY TN - MILITARY - REVOLUTIONARY WAR PENSION APPLICATION - GAITUS FOX ********************************************************************************* Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Terry Fox ********************************************************************************* Trenton, Tennessee July 11th 1843 Sir: I send you herewith enclosed the declaration of Gaitus Fox for the purpose of obtaining the benefit of the Act of Congress of the 7th Jan '32 to which I would respectfully ask your early attention and favorable consideration. When you shall have decided upon his application please communicate the result through me. I have the honor to be Very respectfully Your abl Serv. John W. Crockett James L. Edwards Esq Court of Pensions War Dept Washington ----------- State of Tennessee }SS Gibson County } Be it remembered that on this 7th day of July 1843 personally appeared in open Court before the Circuit Court of said County of Gibson and State of Tennessee - the Honorable Benjamin C. Totlen one of the Circuit Judges in and for said State presiding - Gattus Fox, a resident of said County of Gibson and State of Tennessee aged eighty six 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 of the 7th of June 1832. He states that according to his best recollection and belief he entered the service as a volunteer substitute in the Militia for one James Utley in the fall of the year preceding the Battle of Guilford.(1) He thinks it was in the year 1771, but being "no scholar" his recollection of dates is very indistinct and he cannot state the day of the month or even the month. He has no means of referring to dates but - by comparing his present age and his age at the time he entered the service. He remembers distinctly that he entered the service some time in the fall before the Battle of Guilford and left at about two weeks after that battle took place.(2) The company to which he belonged was commanded by Capt. Etheldred Jones(3) and a Mr. Knight was lieutenant of the company. He states that during this tour of service he was commanded by one Palener either as Major or Colonel, but he is unable to state positively. His impression is that he was Colonel. He remembers distinctly that he was under command of General Davidson, who was killed in an engagement with the British at the Island Ford on the Catawba River.(4) He further states that he was born in the County of Brunswick in the State of Virginia in the month of March 1757 according to the best information he has on the subject - never having any record of his age and having kept it from information and memory. At the time he entered service he was residing in the County of Wake in the State of North Carolina. From there he was marched with the brigade or division under General George Davidson to which he was attached up the country to the Island Ford on the Catawba River and was stationed there for the purpose of guarding that pass and preventing the British from crossing.(5) But on the night after their arrival at that station they were attacked by the British, and being greatly outnumbered, were driven from their position with the loss of their General as above stated.(6) They were pursued about four miles to the widow Torren's plantation, at which place they were overtaken by the calvary of the enemy and obliged to disperse and he take themselves to the woods for safety. They went through the woods until they reached the town of Salisbury when they reassembled and from there marched with all possible rapidity to join General Greene which they did in the County of Hallifax [Halifax]. They continued with General Greene and under his command until the Battle of Guilford in which they participated.(7) After this battle they marched to Salisbury and from there to Hillsboro [Hillsborough] where they were discharged(8). He further states that in the ensuing summer he again entered the service as the volunteer substitute in the Militia of one Thomas Binniy for eighteen months, but only served a small portion of the time. He served under Col. George Litle(9,10) but he cannot now recollect the names of any of the other officers. In fact he cannot state whether there was any other officers in command during this period of his service. They were marched to Hillsboro and stationed there to guard that place, it being at that time the residence of the Governor(11). After having remained at that station for a short time, perhaps a month, but as to the length of time his recollection is very indistinct. They were attacked by the Tories in large force under command of Col. Fanning(12) by whom they were defeated and all made prisoner including the Governor(13,14). They were carried to Wilmington where they were kept in a prison in a place called the "Provo's." While here the small pox(15) broke out among them and many of them died of that disease(16). After having remained in this place for about three months as well as he can remember some of them were exchanged and the others released. He states that after he was released is as above stated, having served only about four months including his imprisonment he was not required to serve out the balance of his time and was discharged - and returned home. He further states that after his return home a short time he again entered the service as a ranger in a company of volunteer mounted men commanded by Capt. Tignal Jones(17,18) - and served one year(19) by turns, with other troops of the same description. During this service he was wounded by a Tory out-post with two bullets in the thigh but it was only a flesh wound and has never disabled him much. He states that he has long since worn out and lost his discharges and has no documentary evidence of his service, and that he knows of no one whose evidence he could procure, who can testify to his services. He hereby relinquishes every claim whatever to a pension or anuity except the present, and declares that his name is not on the pension roll of the agency of any State, Territory or district in the Union. Gatus Fox (His Mark) Sworn to & subscribed in open Court this 7th July 1843 J.B. Blakemon Clerk We Joseph Riddle, a clergyman residing in Gibson County and Moses Woodfin and John Crockett residing in the same County do certify that we are well acquainted with Gaitus Fox who has subscribed and sworn to the forgoing declaration. That we believe him to be eighty six years of age that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution -and we concur in that opinion. Joseph Riddle John W. Crockett M. Woodfin Sworn to & subscribed in open Court 7th July 1843 J.B. Blakemon, Clerk ----------- ---And the said Court do hereby declare their opinions to law after the investigation of the matter 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 Joseph Riddle who has signed the proceeding certificate as a clergyman is a clergyman resident in said County of Gibson as therein stated and that Moses Woodfin and John W. Crockett who have also signed the same as residents of said County of Gibson and State of Tennessee, and are credible persons and their statement is entitled to full credence. Benjamin C. Totlen Judge H Presiding And the said Court do further certify that the following are substantially the answers of the applicant to the several interrogatories (presented?) to him by the Court in pursuance of the regulations of the War Department. (?): Question 1st. When and in what year were you born? Answer - I was born in the County of Brunswick in the State of Virginia. The only means by which I can state the year of my birth is by reckoning back from my present age and by this mode of calculating I must have been born in the year 1757. Question 2nd. Have you any record of you age and if so where is it? Answer - I have none nor did I ever have. Question 3rd. Where were you living when you were called into service? Where have you lived since the Revolutionary War and where do you live now? Answer - I lived in the County of Wake in the State of North Carolina when called into service. Since the Revolution I have resided in the States of North Carolina, Kentucky, and Tennessee and now reside in Gibson County, Tennessee. Question 4th. How were you called into service: were you drafted, did you volunteer, or were you a substitute: and a substitute for whom? Answer - I entered the service first as the substitute of one James Utley. Secondly as the substitute of one Thomas Binney. Thirdly as a volunteer in the ranging service. Question 5th. State the names of some of the Regular Officers who were with the troops where you served. Such Continental Militia as you can recollect and the general circumstances of your service? Answer - I remember Col Litle(9,10) Capt. "Dred Jones"(3) Lieut. Knight Col Palener or Major Palener. I cannot state whether the last name was Col or Major but I think he was Colonel. Also General Davidson and General Greene. ( Here the applicant details the circumstances of his services substantially as they are set forth in his declaration.) Question 6th. Did you ever receive a discharge and if so where is it - and by whom was it given? Answer - I received discharges from the Captains I served under Capt. "Dred Jones" & Capt. Tignal Jones(17,18) but they are long ago worn out and lost from getting wet as I removed from Carolina to Kentucky. I also received a discharge from Col. Lane(20) at Wake Court House after I was released from imprisonment in the "Provo", which was wet and worn out at the same time. Question 7. State the names of the persons to whom you are known in your neighborhood and who can testify as to your character for veracity and their belief in your services as a soldier of the Revolution? Answer - Any one in the neighborhood I believe would certify to my good character for veracity and to their belief in my services I know Abraham Smith (?) G. Goodman Parson Riddle Mr. Crockett Mr Woodfin and many other - almost every man in the neighborhood where I live. The above interlineation in the answers of the applicant to the 6th interrogatory relative to his discharges was made before the Registrar of the Court was here to affix. Benjamin C. Totlen Judge H. Presiding -------------------State of Tennessee} Gibson County } J. James B. Blakemon Clerk of the Circuit Court of said County do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Gaitus Fox for a Pension. In testimony whereof I here into set my hand and affix my private seal there being no seal of said Court. This 10th July A.D. 1843 J.B.Blakemon Clerk -------------------State of Tennessee We Adam Huntsman and John W. Crockett formaly members of Congress from this State do hereby certify that the Circuit Court of Gibson County is a Court of (?) That the Honorable Benjamin C. Totlen one of the Circuit Judges for said State is the presiding Judge of said Court for the present term. That James B. Blakemon is the Clerk thereof and that the signatures to the foregoing certificates purporting to be the signatures of said Judge and Clerk are genuine. Given under our hands at Trenton this 10th July A.D. 1843 Adam Huntsman John W. Crockett Footnotes: (1) The Battle of Guilford Court House was March 15, 1781. (2) Two weeks after the Battle of Guilford Court House would be about April 1, 1781. A three month enlistment would have begun around January 1, 1781. Also, various historical accounts note that General Greene lost most of his Militia about two weeks after the battle when the three month tours were completed. General Greene had to piece an Army together before he could pursue General Cornwallis. (3) Etheldred Jones was a large landowner in Wake County, NC, and appears in the land entry records starting in Dec. 1778. A land entry for Oct. 31, 1789 lists him as Capt. Etheldred Jones. (4) This engagement along the Catawba River is now called the Battle of Cowan's Ford, and took place on February 1, 1781. (5) General Greene placed General Davidson's force along the river to delay the British. This would give General Greene much needed time to make preparations for battle with the British at Guilford Court House on favorable ground. (6) General William Lee Davidson was killed in action on February 1, 1781. (7) The Battle of Guilford Court House took place on March 15, 1781. This was the largest and most hotly contested action of the Revolutionary War's climatic southern campaign. Although the British won a tactical victory, they suffered a serious loss of manpower from which they never recovered. This foreshadowed the final American victory at Yorktown, seven months later. (8) The Hillsboro District was composed of Orange, Granville, Chatham, and Wake Counties. (9) Lt. Colonel Lytle was an officer in the Halifax District. (10) Col. Lytle was wounded and taken prisoner on Sept. 12, 1781. He is mentioned in Gov. Burke's letter to L.H. DeRossette, Esq. from prison dated Nov. 27, 1781. (11) The North Carolina Governor's office was in Halifax. Governor Burke received reports of Tory activities and of Fanning plundering plantations in his home county of Orange. In September 1781 he went to Hillsboro to organize a campaign against the Tories. (12) The notorious David Fanning, who served all sides during the Revolution, acted as a freebooter and plunderer. By 1781 he moved to North Carolina and established a post 150 miles from Wilmington. Fanning was named a Colonel in the militia by Major Craig of the British 82nd Regiment at Wilmington on July 5, 1781. (13,14) This action took place on September 12, 1781. Fanning in a surprise attack on Hillsboro, took over 200 prisoners including Governor Thomas Burke and his council. All were turned over to Major Craig in Wilmington. Gatus Fox would have entered service in mid-August 1781 and released returning home by mid-December 1781. (15) The Wilmington prison apparently had numerous outbreaks of small pox. An outbreak is mentioned by a scouting party in a letter describing the fortifications of Wilmington to Gov. Nash on Feb. 13, 1781. (16) The deplorable condition of the prisoners is mentioned by Gov. Burke in a letter from prison dated Oct. 17, 1781. Our prisoners....who might be taken for skeletons, did they not retain life enough to make them appear too ghastly and some languid unanimated motion that shows they have some small remains of strength. (17) Tignal Jones was a resident of Wake Co., NC and a delegate to the Provincial Congress of NC which met on August 21 to September 1, 1775. At this convention the officers for the first two state regiments were selected. (18) Tignal Jones entered 400 acres of land on the south side of Crabtree Creek in Wake Co., NC on Jan. 1, 1779. (19) This period of service would have probably started about January 1782 and lasted until December 1782 or January 1783. Although the Battle of Yorktown concluded with Cornwallis' defeat on October 19, 1781 all sides maintained standing armies until after the Paris Peace Treaty of September 3, 1783. References 3,18 - Wake County, NC Land Entries 1778-1846 1 vol., Film C.099.48001, Olivia Raney Local History Library, Wake Co., NC. 8,11,12,13 - Orange County-1752- 1952, edited by Hugh Lefler and Paul Wager, Chapel Hill, NC, 1953, NC State Library, Raleigh. 9,17,20 - Roster of Soldiers from North Carolina in the American Revolution, The NC Daughters of the American Revolution, 1932. 10 - State Records of North Carolina, Vol. XV 1780-'81, Broadfoot Pub. Co., pp 643-4 & 667-8. 12 - Biographical Sketches of Loyalists of the American Revolution, Gregory Palmer, Meckler Pub., Westport, London. 14,16 - State Records of North Carolina, Vol. XV 1780-'81, Broadfoot Pub. Co., pp 650-654. 15 - State Records of North Carolina, Vol. XV 1780-'81, Broadfoot Pub. Co., pg. 425.