As far back as 1770, Thomas Rutherford had served in the Cumberland County militia. He then served in the Provincial Congress of North Carolina for Cumberland County from 1774-1776. By 1775, he had also been appointed to the head officer (Col) of the Cumberland County Minute Men. That same year, he signed an August 1775 statement that the Provincial Congress wrote, which said they would support the continental and provincial congresses against Parliament’s taxation, though they were still loyal to the King.
However, Rutherford came out as a Loyalist in early 1776, urging Loyalists to join the King’s Standard in Cross Creek, saying:
“This is, therefore, to command, enjoin, beseech and require all His Majesty’s faithful subjects within the County of Cumberland to repair to the King’s Royal Standard at Cross Creek, on or before the 16th present, in order to join the King’s army; otherwise they must expect to fall under the melancholy consequences of a declared rebellion and expose themselves to the just resentment of an injured, though gracious Sovereign.”
At the Battle of Moore's Creek, after the Loyalist defeat, Rutherford was captured but was back in the Provincial Congress in April 1776 but was then exiled from the state by the Provincial Congress. Rutherford ended up abandoning his estate, and he later died in the Loyalist cause during the war around 1780. After his death, his brother John Rutherford cared for his widow and orphan child.