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THE FULBRIGHT AFFIDAVITS

together with other interesting
Misc. Mish Mash
by Ed Stout

Searching for information regarding Fulbright participation in the Revolutionary War turned up some old documents, found by Lorena Eaker in North Carolina records, which indicate some previously unknown Fulbright family involvement on the side of the British during that war. While giving but little comfort to those seeking to join the D.A.R, it nevertheless reveals an interesting chapter of our family history.

Following is a transcript of depositions taken from brothers Jacob and John Fulbright, when testifying on behalf of a neighbor, John Perkins. When attempting to decipher the old handwritten script the original spelling was maintained as nearly as possible.

Filed in North Carolina under 'W. Perkins Papers'.

"The Honourable Speaker of the Senate
or
Committee of Elections for the Senate.

"This may certify that the within closed depositions was legally taken, at the dwelling house of Andrew McCormack, this 16th Day of October, 1795. Certified by me, E. Perkins, J.P."

"State of North Carolina, Lincoln County.

This day personally appeared before us, two of the Justices of the Peace for the said county, Jacob Fulbright, being duly summoned and sworn on the holy Evangelist of Almighty God. Being asked of us at the request of John Perkins the following questions, deposeth and saith, Question the first, Did you ever know the sd. John Perkins to bear arms against the State of North Carolina or have any commission from the Brittish or their party, he answers no. Question the 2nd, Did the sd. John Perkins advise you or any other person to your knowledge to lift arms or to do any other hostile action against the peace and liberty of the State of North Carolina, he answers no. Question the 3rd, Was you at the Battle at Ramsours, Yes. Question the 4th, Did you see the sd. Perkins there or have you any reasons to believe that he was there, he answers no, and believes that he was not there. Did you ever know the said Perkins to be at any of the diseffected peoples gatherings, he answers no and believes that he knew nothing of any of their gatherings and the deponent further saith that when he and some others of his neighbours appeared at the Battle Ground at Ramsours they was called by Nicholas Welch, Major, and was asked if the sd. Perkins would be there and Isaac Lawrance, sd. Perkinses Brother-in-law made answer and said that the sd. Perkins would not be there for he was a Rebel and after the deponant came home and gave up to Col. Brevard he saw the sd. Perkins and sd. Perkins gave him a severe reprimand for his conduct and told him that it was the worst thing that he could have done to turn out against his Country and the deponant further saith that he lived within a mile and a half of sd. Perkinses at that time. Sworn to and Subscribed before us this Sixteenth day of October, 1795.

(Signed) Jacob Fulbright.

Thos. Wheeler, JP           NB This may certify that the above said John Perkins is
E. Perkins, JP                 elected this present year a member of the Senate for the
                                      County of Lincoln.

Note: [For a look at a copy of Jacob's affidavit, click HERE. It's a big file and will take a few minutes to load.]

--------------------------------------

State of North Carolina, Lincoln County.

This day personally appeared before us, two of the Justices of the Peace for the said county, John Fulbright, being duly summoned and sworn on the holy Evangelist of Almighty God. Being asked of us at the request of John Perkins the following questions Deposeth and saith, Question the first. Did you ever know the sd. Perkins to bear arms against the State of North Carolina or have any commission from the British or their party, he answers no. Question the 2nd. Did the sd. John Perkins advise you or any other person to your knowledge to lift arms or to do any other Hostile action against the peace and liberty of the State of North Carolina. He answers, no. Question the 3rd. Have you any reason to believe that the sd. Perkins was at the Battle at Ramsours, he answers no and has reason to believe that he was not there, his reason is this, that one or two days before, the sd. Deponents neighbours went to the battle at Ramsours he, the sd. Deponant seed a certain John Brown and the said Brown told him that he passed the sd. Perkinses plantation concealed and as he returned the sd. Perkins saw him and hailed him and the sd. Perkins made his excuse for hailing him and told him that he thought he had been some horse thief for he, the sd. Perkins said he had lost a horse or two and the sd. Brown cautioned him, the Deponent, to take care of sd. Perkins for he believed him to be an enemy to the british subjects and thought that he was a Rebel and the deponant further saith the sd. Brown said that he thought that the sd. Perkins had lost many horses, and the Deponent further saith that he heard Issac Lawrance, the sd. Perkinses Brother-in-law say that the sd. Perkins was an old Rebel, and further saith not. Sworn to and Subscribed before us this Sixteenth Day of October, 1795.

(signed) John Fulbright

Thos. Wheeler, JP               NB This may certify that the above said John Perkins is
E. Perkins, JP                     is elected this present year a member of the Senate for the
                                          County of Lincoln.

Note: [For a look at a copy of John's affidavit, click HERE. It'is a big file and will take a few minutes to load.]

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The above depositions obviously indicate that Jacob Fulbright was a participant in the Battle of Ramsour's Mill as a Loyalist -- bearing arms on the side of the British!

Brother John, apparently, while present in the vicinity was not an active participant on either side or he surely would have been questioned in that regard during the deposition.

Jacob's affidavit is especially interesting when one considers the Jacob Fulbright Pension Application, recorded in Haywood County, North Carolina and which may also to be found in the National Archives (Revolutionary War Pension Applications) under #3826. The copy obtained is transcribed below. Again an attempt is made to retain the original spelling.

A declaration in order to obtain the benefits of an Act of Congress passed the 7 June 1832.

State of North Carolina                             Court of Pleas and quarter
Haywood County.                                     Sessions Dec_____ 1832

On this 2 day of January 1833 personally appeared in open court before the Justices thereof Jacob Fulbright, a resident of the County of Haywood and State of North Carolina, aged 85 on the 22 day of December 1832 as it appears from the record in my fathers families bibels (sic.), who being first duly sworn according to law doth on his oath make the following declarations in order to obtain the benefits of an Act of Congress passed June the 7, 1832. I entered the services of the United States in the year 1776, but it might of been 1778 or 1779 as I have lost my recollection, in the month of August and came home in the month of October making done a three month tour. I was drafted. I was under the command of Col. Balemar, Capt. Conrad, Lieutenant Abraham Anthony, Ensign Henry Holman, Lieutenant Col. Charles McDaniel and General Rutherford. I was bearing in Lincoln County, N. Carolina and march against the Cherokee Indians threw what was called the Frenchbroad, Pigeon, Tuckasegee(?), Tennessee River countries and on what is now call Buncumbe, Haywood and Macon counties N. Carolina and or in what is yet the Cherokee Nation on the waters of the Hiwassee, and Vallies, rivers and we took the Vallies towns in no engagements of moment we burned and destroyed the towns and crops. I was discharged by Capt. Conrad but it is lost or destroyed. I entered into the Services again in the year of 1780 or 1781 bearing in Lincoln County N Car under the command of the following officers, Col. McDaniel, Lieutenant Col. Brevard, Capt. Smith, Lieut. Col. Brevard got the small pocks and dyed and Daniel McKissick was put in his place and afterwards Col. McDaniel was made a general after I had enlisted and entered into the service. The officers thought proper as I was a blacksmith by trade to take me out of the army and put me to work in the blacksmith shop to showing and repairing the shoes of the horses that was in the service and I remained there two years working thusly for all the horsemen that was passing about. The work was all of ____ __ and often I had to board the men and horses for several days at a time while they were getting their work done and I never got anything for either work or boarding. I remained there working at the close of the war and I never got a discharge. I have no documentary evidence and I know of nobody by whom I can prove my services by without I can by Jacob Shoock who lives in Haywood County, N. Carolina and I don't know whether he is acquainted with the particulars of my service. I was born in the year 1747 in the month of December the 22 day in the State of Pennsylvania in the County of Northampton. I moved from there to Lincoln County N. Carolina in the year 1769 and lived there until after the war was over and moved from there to Haywood County N. Carolina and have lived there ever since.

He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that my name is not upon the pension roll of the agency of any State. Sworn to and subscribed the day and year aforesaid.

Sworn to in open Court         (Signed) Jacob Fulbright
A. Love, Clk.
John B. Love DC

Question first.

Q. Where and in what years were you born.

A. I was born in 1747 on the 22 day of December in the County of Northampton and State of Pennsylvania.

Q. 2. Have you any record of your age and if so where is it.

A. My age was recorded in my fathers family bible and I have perused it in other books.

Q. Where were you living when called into the services. Where have you lived since the Revolutionary War and where do you now live.

A. In Lincoln County, N. Carolina. I have lived there until I moved to Haywood County and where I now live ever since.

Q. How were you called into the service, were you drafted, did you volunteer or were you a substitute and if a substitute for whom.

A. I was drafted the first time the second time I was enlisted.

Q. State the names of some persons of the regular officers who were with the troops when you served, which Continental and Militia Regiments as you can recollect and the general circumstances of your services.

A. Daniel McKisack and Col. Brevard but he was ma_____ officers and Captain Smith.

Q. Did you ever receive a discharge from service and if so from whom was it given in what has become of it.

A. I never was regularly discharged from ____ only by Capt. Conrad the first ____.

I am acquainted with Jacob Shoock and Andrew Shoock residing in my neighborhood who can testify as to my comments for veracity and their belief of my services as a soldier of the Revolutionary War.

Certificate.

We Jacob Shoock and residing in the County of Haywood and Andrew Shoock residing in the same do hereby certify that we are well acquainted with Jacob Fulbright who has subscribed and sworn to the above declaration, that we believe him to be 85 years of age, that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolutionary war and that we concur in the opinion sworn to and subscribed the day and year aforesaid.

Sworn to in open court                  Andrew Shoock
                                                   (Signed by his mark)
R. Love, Clk.                                     Jacob Shook
John B. Love DC

And the said Court do hereby declare their opinion 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 that Court do further certify that it appears to them that Jacob Shoock and Andrew Shoock who has signed the preceding certificate are resident in Haywood County and is creditable persons and that their statement is entitled to and did sign in open court(?).
        ___ Haynes Ch___ Justices

  -------------------

However, the application was denied, the reason given being that Jacob Fulbright was not in the military service. Apparently shoeing horses was not good enough to qualify him as 'Military'. Later, Jacob's son, Abraham, tried to correct the inequity per the following transcription of the original documents:

State of North Carolina
Haywood County

Know all men by these presents that I, Abraham Fulbright of the County of Haywood and State of North Carolina have understood and believe that my Father, Jacob Fulbright who applied for a Pension under the Act of Congress 7th June 1832 ought to have received a Pension and that he was entitled to the same, and for the purpose of prosecuting his claim to the same I do hereby constitute and appoint F.F.C. Triplett of Washington City my true and lawful attorney for me and in my name to examine all the papers on file in the Department at Washington filed by my father Jacob Fulbright and to all whatever I might lawfully do in the premises were I present.

Witness my hand and seal this 29th March 1853.

Cert. B. Turner, JP                      (signed) Abm. Fulbright

 

State of North Carolina
Haywood County.         Be it known that on this 29th March 1853 before me a Justice of the Peace in and for the County of Haywood and State aforesaid said Abraham Fulbright above named and acknowledged the forgoing power of attorney to be his act and deed.

In testimony whereof I have hereunto subscribed my name.             
          B. Turner, JP

State of North Carolina
Haywood County
       I Joseph Keenin Clerk of County Court of Haywood do hereby certify that B. Turner is and was at the time of signing the foregoing a Justice of the Peace in and for said County and that the signature purporting to be his is genuine.
       In testimony whereof I have hereunto put my seal of office and subscribed my name this 29th March 1853.
          the        J. Keenin, Clk.
         seal

------------------------

From the above we may deduce that Jacob Fulbright's military service was first in the Cherokee Indian Wars, then with the Tories at Ramsour's Mill, and later as a blacksmith with the Revolutionary forces. This seems an unusual and unlikely series of events needing further clarification. Taken in their order of occurrence it will be interesting to first consider the Indian engagements.

Ms Joeline Webber has shared valuable historical insight into some of the conflicts between the Cherokee Indians and early North Carolina settlers. She has made an extensive study of the history of those early days because of her own Cherokee background as well as her intense interest in our family genealogy. Carrying Cherokee blood and a being a registered member of the Native American Tribal rolls she could be expected, on a personal note, when studying this period of history to have some major difficulty in maintaining complete impartiality. Also as a exacting genealogist she sometimes finds it hard to fathom the behavior of her Indian and European ancestors in relationship to one another. However, she has proven to have a strong conviction that she must not, in any way, seem to rewrite history to favor of either side.

Beginning with her offer to share some background information, she writes:

"As of 1776 settlers were still forbidden to enter Cherokee territory west of the Appalachian crest. In defiance of this order, settlers led by members of the Bean family from Virginia, had established a settlement at Watauga. In an effort to be accommodating, the Cherokee had leased these lands to the settlers with an understanding that the Cherokee would continue to hunt in the area. Needless to say settlers kept pouring in, defying the treaties that established the area boundaries and soon tensions arose. Dragging Canoe, son of a principal chief of the Cherokee, took exception to further cessation of land to the settlers. At roughly the same time war broke out between the British and the colonists. An ultimatum was sent to the Cherokee to "control Dragging Canoe and oust the British advisors, or face an invasion of Cherokee country."

"Although the following quotation is written from the Cherokee point of view and does not deal very much with the white folks involved; The book, "Footsteps of the Cherokees", subtitled: "A guide to the Eastern Homelands of the Cherokee Nation" and written by Vicki Rozema, states, in part, that:

"In response, seven hundred warriors headed north in mid-July to attack the Watauga and Nolichucky settlements, Long Island on the Holston River, and Carter s Valley (west of present-day Kingsport, Tennessee).

"Nancy Ward, in an attempt to prevent another war with the white settlers sent a warning to Lieutenant John Sevier, leader of the Watauga militia. Accordingly, Sevier abandoned Fort Lee, then under construction, and the settlers moved to Fort Watauga.

"The Cherokee burned the uncompleted Fort Lee then split their forces. The Raven, of Chota, went to Carter's Valley and burned and destroyed all the cabins and crops there. Dragging Canoe encountered a combined force of Virginia and local militia and was defeated when he was wounded in the thigh at Long Island. Old Abram laid siege to Fort Watauga."

Elsewhere in the same book are found the paragraphs quoted below:

"Most of the losses to the settlers were due to carelessness. In one incident, James Cooper and a youngster named Tom Moore were sent out to collect boards to repair a roof. Cooper was shot and scalped trying to swim across a stream, while Moore was captured and taken to the village, Tuskeegee, where he was burned at the stake. By the time Colonel Evan Shelby arrived to relieve Fort Watauga, Old Abram and his warriors had left the scene."

"In late July, Georgia, Virginia and Carolina militias marched into Cherokee country and attacked the Lower, Middle, and Valley towns.

"In October, over twenty-one hundred militia, under the command of Colonel William Christian, left Fort Patrick Henry on Long Island for the Overhill towns, where they met with no opposition. The Virginians burned Tuskeegee, where young Moore had been burned alive a few weeks before. They then sacked three towns loyal to Dragging Canoe before returning home."

Ms Webber adds the following comments: "I'd say that the preceding excerpts describe the exact type of Cherokee campaign that Jacob Fulbright would have been engaged in; the months fit, and the fact that they met with no opposition also fits...

"One possible problem with the particular service as described above is that there was no clear-cut British vs. Colonist situation until 1777, in North Carolina. It was not until 1777 that the British agents, Alexander Cameron and John Stuart, offered the Chickamaugan Cherokees, under Dragging Canoe, supplies to fight the American Rebels.

"Again, I point out that these earlier campaigns were more in the nature of all of the white settlers, regardless of political position, against the Cherokee. The nature of the campaigns was territorial encroachment precisely in the mold of the rest of the 'Indian Wars' rather than any direct relationship to the Revolution.

"I suspect that the militia serving against the Cherokee in 1776 were not considered to be Revolutionary War troops...although many of the leaders later served with the American Revolutionary Forces. I also point out again that if it were true that the Cherokee Campaign in which Jacob Fulbright served had been considered Revolutionary War service, then his later service at Ramsour s Mill would indeed have been high treason.

"The Cherokee treaty of 1776 in which the Cherokee agreed to remain neutral, but made it clear that they could not speak for Dragging Canoe, was later upheld by Congress...but neither the Federal Government nor the Government of VA or NC could control the settlers."

And again quoting from the book, which goes on to say:

"In 1784 North Carolina, unable to control John Sevier or the western settlers, ceded the lands of the Wataugan and Nolichucky settlements to Congress.

"This, of course, led to the well known proclamation of the State of Franklin by the Wataugan settlers. Some of the most shameful episodes in the history of the relations of the citizens of Tennessee and the Cherokee Nation took place as a result of these events.

"The Chickamaugan Cherokees joined forces with their ancestral enemies, the Creeks, and raided into Tennessee, Kentucky, and parts of western North Carolina. Unable to catch the offenders, members of the militia, led by Colonel John Sevier, took revenge by burning Hiwassee and the Overhill towns which were occupied by the peaceful Cherokee. Then in 1788 Old Abram and Old Tassel along with Old Abram s son and three other villagers, all known to be friendly to the whites, were murdered under a flag of truce at Chilhowee by the State of Franklin militia under the command of Major James Hubbard, one of Sevier s men. It should be noted that Colonel John Sevier had no knowledge of these plans."

Note that the dates of these later campaigns do not coincide with those in Jacob Fulbright's pension application.

The following is another viewpoint on the Cherokee campaign of 1776 and, again it is offered by Ms Webber:

"From the book, "History, Myths, and Sacred Formulas of the Cherokees " by James Mooney which is definitely written from a white man's viewpoint. His writing is also a bit more contemporary with the events than the previous source as it was originally written in 1891. At that date it would seem that Mooney had access to some of the original oral history as well as documents that may no longer exist.

"Mooney somehow set himself to 'save' the culture and oral history of the Cherokee before it was totally lost. According to his biographers he started his research in the early 1880's and his historical research seems to be about as accurate as one can find anywhere. The bibliography and footnotes have reference to contemporary documents, etc., should anyone wish to research this further.

"This book takes the viewpoint that the Tories were already inciting the Cherokee and maintains that Tories were fighting with the Cherokee who were "stripped and painted like Indians". [Reference for this statement is, "Winning of the West " by Roosevelt...I, pp. 293-297, 1889. However, being familiar with this work I am doubtful of it's absolute veracity as it tended to quote newspapers of the era, which were notorious for their rather inflammatory and incorrect statements regarding conflicts with Indians.] However, that there were numerous half and quarter breed Cherokees living with, supporting, and fighting with, the Cherokee at this point is undisputed. The same paragraph says that thirteen of the Tories were captured, yet I can find no reference anywhere else to those Tories.

"Keeping in mind that Mooney's description is that of the white historians of the period while proceeding to pages 48 and 49 we find:

"Realizing their common danger, the border states determined to strike such a concerted blow at the Cherokee as should render them passive while the struggle with England continued. In accord with this plan of cooperation the frontier forces were quickly mobilized and in the summer of 1776 four expeditions were equipped from Virginia, North Carolina, South Carolina, and Georgia, to enter the Cherokee territory simultaneously from as many different directions.

"In August of that year the army of North Carolina, 2400 strong, under General Griffith Rutherford, crossed the Blue ridge at Swannaona gap and following the main trail almost along the present line of the railroad, struck the first Indian town, Stika'yi, or Stecoee, on the Tuckaseegee, near the present Whittier. The inhabitants having fled, the soldiers burned the town, together with an unfinished townhouse ready for the roof, cut down the standing corn, killed one or two straggling Indians, and then proceeded on their mission of destruction. Every town upon Oconaluftee, Tuckasegee, and the upper part of Little Tennessee, and on Hiwassee to below the junction of Valley river--thirty six towns in all--was destroyed in turn, the corn cut down or trampled under the hoofs of the stock driven into the fields for that purpose, and the stock itself killed or carried off. Before such an overwhelming force, supplemented as it was by three others simultaneously advancing from other directions, the Cherokee made but poor resistance, and fled with their women and children into the fastnesses of the Great Smoky mountains, leaving their desolated fields and smoking towns behind them. As was usual in Indian wars, the actual number killed or taken was small, but the destruction of property was beyond calculation. At Sugartown, (Kulsetsi'yi, east of the present Franklin) one detachment, sent to destroy it, was surprised, and escaped only through the aid of another force sent to its rescue. Rutherford himself, while proceeding to the destruction of the Hiwassee towns, encountered the indians drawn up to oppose his progress in the Waya gap of the Nantahala mountains, and one of the hardest fights of the campaign resulted, the soldiers losing over forty killed and wounded, although the Cherokee were finally repulsed. One of the Indians killed on this Occasion was afterward discovered to be a woman, painted and armed like a warrior. . ."

Ms Webber concludes: "I'd say this is undoubtedly the campaign in which Jacob Fulbright took part...the dates and descriptions are a perfect match. Further, Jacob s description of fighting the Cherokees ties in with the historical facts. In that area the British depended on their Cherokee allies to harass the Rebels . The Cherokee were not very discriminating about who was a friend and who a foe so this turned many a loyalist against the crown by 1777. While loyalties may have been torn with regards to supporting the crown, the Cherokee were a mutual enemy they could all agree on. . .

Further enlightenment regarding the above may be found in still other work of Ms Webber as follows:

"Old Abram, was a principal WAR Chief of the Cherokee, his name would indicate that he had at one time or another been 'christianized', as had many of the Cherokee to varying degrees. This was a somewhat nebulous process at best since the Cherokee, like other Native Americans, tended to incorporate Christianity into their own beliefs rather than 'converting'. Numerous documents have been published where Christian Missionaries bemoan this fact. Under Catholic Spanish rule this led to the decimation of tribes in some areas, particularly in California, where the priests adopted the practice of torturing prominent Indians until they professed Catholicism, baptizing them in front of their followers to encourage conversion, then strangling them immediately to 'guarantee their salvation'.

"Additionally it is important to know the difference between a WAR Chief and a PEACE Chief. While a Peace Chief might actively go to war, he was rarely the leader of a warring force. Unfortunately, Peace Chiefs and War Chiefs were going separate ways in the Revolutionary War period as the cultural system of the Cherokee was breaking down under European territorial pressures and influence.

"Dragging Canoe was a WAR Chief, although his father was a Peace Chief. Since these positions were somewhat determined by the clan system of the Cherokee this is not illogical. The clan of Dragging Canoe would have been that of his mother, not his father.

"The clan system and its effect on Cherokee behavior during the Revolutionary War would be an interesting study. Certainly it had an effect on the break off of the Chickamauga band of Cherokee from the main valley and middle towns and this break off, which would have been mostly of younger men, had a detrimental effect on the ability of the remaining peaceful Cherokee to defend themselves."

Returning to Jacob's experience as a Tory, one may find an enlightening article about the events at Ramsour's Mill in the book, "The Annals of Lincoln County" written by Sherrill, which is available in most genealogy libraries.

[to be continued in the next newsletter]