Revolutionary War Pension and Bounty Land Warrant Application File S. 3821, Benjamin Towler, Va.
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(3-1776)
SERVICE     NUMBER
Va.
Towler, Benjamin
S. 3821
Carded
CONTENTS
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se letter 17 Sept 1833 to
Per agent
Alterd from Fowler to
Towler 17 Sept 1833
New certificate afover
25 Sept 1833 with the same
date of the original (26 July
1833) which is filed within)
and sent to Wm Brady
Murfreesboro Tennessee

19.019
West Tennessee
Benjamin Towler
of Rutherford in the State of Tennessee
who was a private in the Company commanded
by Captain Lewis of the commanded
by in the Virginia
line for 9 months
Inscribed on the Roll of West Tennessee
at the rate of 30 Dollars Cents per annum,
to commence on the 4th day of March, 1831
Certificate of Pension issued the 9th day of July 1833
and Senth
Wm Brady Murfreesboro
Arrears to the 4th of March 6000
Sem-anl. allowance ending 4 Sept
15.00
$75.00
{Revolutionary Claim, Act June 7, 1832}
orded by Dan Boyd Clerk,
ok E Vol. 7 Page 98
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Declaration in order to obtain the benefit of the Act of Congress passed 7th June 1832
State of Tennessee
Rutherford County
On the 2nd day of October 1832 personally appeared before me Wm H Smith an acting Justice of the peace for said County Benjamin Towler a resident of said County and State aforesaid aged eighty 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 7th June 1832

That he is eighty years of age, and was born in the County of Charles City State of Virginia, and moved afterwards to Dinwiddie County Virginia, where he was drafted, and to the company commanded by Capt William Lewis, rendezvoused at Petersburg, and after being encampd here some time, he was taken sick, and was placed in the Hospital at Petersburg; Doct Lyon and some other physician as Surgeons, He thinks Doct Livington had charge of the sick at the time -- After remaing here for some time he with the other sick was moved up the Country through Chesterfield and into Powetan, and was there stationed, until his Tour had expired, which was three months or upwards, and was dismissed and went home -- In the same year he thinks, tho' he cannot say with certainty he was again called out, and joined the company commanded by Capt Baker Pegram in the County of Dinwiddie, and again rendezvoused at Petersburg, and was marched through Prince George County to City Point - Here we met the enemy and then was a cannonade for good part of the night -- There were other Troops there, but who commanded them or what Troops, they were he does not recollect -- After the cannonade he was, by his Capt  marched back to Petersburg -- and then to Broadway, and to MacKeys Mills, and the Hundred on James River -- and was marched to a place called Smithfield -- He thinks he was in the service under Pegram three months -- In 1781 he was again called into service, before the battery of Cornwallis at York, under Capt Baker Pegram and rendezvoused at Petersburg, and was kept on duty, and was moved to York, and was then at the battery of Cornwallis -- He cannot recollect his Col. who commanded at york _ After his tour of service had expired, he was discharged by his Capt at York, and returned home, He thinks he was in service this last Tour, Two or three months _ He is old andinfirm and cannot recollect, when he first entered the serivce, on the [illegible] or [illegible]
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which occured, and having lost his discharge, he has no document
or record, [illegible] his possession to strengthen his memory, or to call to
his recollection, the scenes of which he is speaking. He knows of
no person now living by whom he can prove his said service
that was with him in the service- If ever declarant got discharged
for his different periods of service he has lost them
He hereby relinquishes any claim whatever to a pension or
annuity except the present, and declares that his name is not on the
pension roll of the agency of any State
Sworn to and subscribed the day and year aforesaid
Benjamin Towler

We John Lane Clergyman residing in the neighborhood
and William Elder and Joseph Farmer residing in the same hereby certify that we are
well acquainted with Benjamin Towler; that we believe him
to be eighty years of age; that he is reputed and believed, in the
neighbourhood where he resides, to have been a soldier of the
revolution, and that we concur in that opinion
Sworn to and subscribed the day and year aforesaid
Benjamin
John Lane clergyman
William Elder
Joseph A. Farmer

Interrogatories 1st Where and in what year were you born?
Answer - I was born in the County of Charles City State of
Virginia, but in what year I do not recollect, tho I believe that
I am eighty years old
Question 2d Have you any record of your age; and if so
when is it?
Answer I have none
Question 3d
Where were you living when called into service;
where have you lived since the Revolutionary war, and where do you
now live?
Answer. I lived to the State of Virginia Charles City County
when called into service and sent them I have lived in the
State of Virginia and Tennessee in which call on State I now live
Question 4th How were you called into service, were you drafted, did you
volunteer, or were you a substitute, and if a substitute for whom?
Answer - I was drafted
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Question 5th 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?

Answer I was drafted and was attached to the company commanded by Capt Lewis, and marched to Petersburg and [illegible] sick and put in the Hospital at Petersburg. I afterwards [illegible] and joined the company of Capt Baker Pegram--was at City Point. I was at Broadway, at Maskey Meltz and the Hardwoods and Smithfield. And I was at York at the [illegible] of Cornwallis.

Question 6th Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?

Answer If I ever did receive a discharge it ws from Cpt Lewis and Capt Pegram, but I have no recollection of ever having received discharges, If I do they are lost as [illeiglbe]

Question 7th. State the names of persons to whom you are known  in your [illegible] in your present present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.

Answer Zechareh Posey, William Smith, Isaac H Bernall

And the said Justice of the peace do here by declare his opionion, after the investigation of the matter, after putting his [illegible] perscribed by the war deaprtment that the above named applicant was a revolutionary soldier, and served as stated - An thte said Justice of the peace further certifyes that it appears to him that [illegible]
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who has signed the preceding certificate is a clergyman resident in the neighborhood and that Wm Elder & Jno Laughlin who has signed the same is resident in the same and are credible persons, and that their statements is entitled to credit and that said [illegible] further declairing that the applicant is old and inforim and that he is not able to attend court
Given under my and at the residence of the applicant the 2d day of October 1832 Wm H Smith JP

State of Tennessee Ruthford County } October 16th 1832
I John R Laughlin clerk of the court of pleas and greater [illegible] for the county and state aforsaid hereby certify that Wm H Smith who has [illegible] the above certificate is and was an acting justice of the peace for said county at the time of signing the [illegible], and I futher certify that the forgoing declaration of Benjamin Towler the original [illegible] appointed in my [illegible] for a pension in behalf of said Tomler by the said Wm H Smith
[Illegible] whereof I have set my hand and affixed my seal of office the 16th day of October 1832 at [illegible] Jno R. Laughlin Clerk

15509 Benjamin Towler
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No. 15509
Benjamin Towler
Rutherford County Tennessee

Return
5 --
from 177-- private 9 months
$30

William Brady
Murfreesborough Tennessee
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Brief in the case of Benjamin Fowler of Rutherford Co in the State of Tennessee
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? a Judge
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? No
3. How old is he? 80
4. State his service, as directed in the form annexed.

Period. | Duration of Service (Years, Months, Days.). | Rank | Names of General & Field Officers under whom he served.
Drafted. In 17 --- |  3 months & upwards |  as a Private | Captain Lewis
Drafted  | 3 months | "  | " Pegram
Drafted 1781 | 2 or 3  | "  | " " 

5. In what battles was he engaged? cannonade Prince George Co - 
6. Where did he reside when he entered the service? Charles City CO VA
7. In his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Dyer Castor, Examining Clerk.
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Rev. & 1812
Wars Section
ILL

April 10, 1930.

Mrs. S. H. Curlee
Hotel Chase
Lindell Blvd. at Forest Park
Saint Louis, Missouri.
Dear Madam:

I advise you from the papers in the Revolutionary War pension claim, S. 3821, it appears that Benjamin Towler was born in Charles City County, Virginia, date not shown.

While residing in Charles City County or Dinwiddie County, Virginia, he enlisted, date not stated, and served three months as a private in Captain William Lewis' Virginia
Company. In the same year he enlisted and served three months as a private in Captain Baker Pegram's or Pegram Baker's (the name appears both ways in the claim ) Virginia Company and was in a skirmish. In 1781 he enlisted and served three months as a
private under the last named Captain and was at the taking of Lord Cornwallis.

He was allowed pension on his application executed October 2, 1832, at which time he was eighty years of age and resided in Rutherford County, Tennessee.

There are no data concerning his family.

Very truly yours,

EARL D. CHURCH,
Commissioner.
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December 16, 1929

Mrs. J. R. Woods
5470 Clemens Avenue
Saint Louis, Missouri

Dear Madam:

I advise you that the Revolutionary War records of this bureau fail to afford any information in regard to Benjamin Fowler of Tennessee. The pensioner to which you refer as Benjamin Fowler was Benjamin Towler and his history is as follows:

From the papers in the Revolutionary War pension claim, S.3821, it appears that Benjamin Towler was born in Charles City County, Virginia, date not shown. 

While residing in Charles City County or Dinwiddie County, Virginia, he enlisted, date not stated, and served three months as a private in Captain William Lewis' Virginia
Company. In the same year he enlisted and served three months as a private in Captain Baker Pegram's or Pegram Baker's (the name appears both ways in the claim) Virginia Company and was in a skirmish. In 1781 he enlisted and served three months as a private under the last named Captain and was at the taking of Lord Cornwallis.

He was allowed pension on his application executed October 5, 1832, at which time he was eighty years of age and resided in Rutherford County, Tennessee.

There are no data concerning his family.

In order to obtain the date of the last payment of pension, the name of person paid, and possibly the date of death of the Revolutionary War pensioner Benjamin Towler, S. 3821, you should apply to the Comptroller General, General Accounting Office, Records Division, this city, citing all of the following data:
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Benjamin Towler, Certificate #19019, issued July 16, 1833, rate $30. per annum, commenced March 4, 1831, Act of June 7, 1832, West Tennessee Agency.
Very truly yours,
EARL D. CHURCH
Commissioner.
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AWS

nd 1812 Wars Section.
February 29, 1924.

Mrs. W. B. McGee,
320 S. Royal St.,
Jackson, Tenn.

Madam;

I have to advise you that from the papers in the Revolutionary War pension claim, S. 3821, it appears that Benjamin Towler was born in Charles City County, Virginia and resided there when he enlisted in the War of the Revolution.

He was allowed pension, for nine months service as a private in the Virginia troops, on his application executed October 2, 1832, while a resident of Rutherford County, Tennessee, aged eighty years.

There is no data on file as to his family.
Respectfully,

Commissioner.
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W.C.S.
1812 War Section

May 15, 1924

Mrs. W. B. McGee
320 S. Royal St.
Jackson, Tenn.

Madam:

I have to advise you that for the last payment of pension, date and place of death, in the Revolutionary War pension claim, S.3821, you should apply to the Pension Section, Civil Division, General Accounting Office, 1800 E. St., N.W., Washington, D.C., citing all of the following data:
Benjamin Towler, Certificate 19019, issued July 26, 1833, rate $30 per annum, commenced March 4, 1831, Tennessee Agency, Act June 7, 1832.
Respectfully,

Commissioner
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Mch 17-98. Hon. R. A. Pierce, H. of R.
-----------------
1924-Feb. 29 Hist to Mrs. J. B. McGee AWS
--------------
1924 May 15. Mrs W. B. McGee
adv. where to write for
date of last payment, etc. WCS
--------------
1929, Dec 16, Hist to Mrs. J.M. Woods, M.E.E.
-------------
1930 April 10 Hist to Mrs S. H. Curlee St. Louis, Mo.   ILL

Rev War 3821 INVALID.
File No. 3821
Benjamin Towler
Pvt Va. line
Act: June 7th 32
Index: - Vol. A, Page 376
[Arrangement of 1827]
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320 South Royal St.,
Jackson, Tenn. 1-25-24
Commissioner of Pensions, Pension Bureau Washington, D.C.
Dear Sir,
Will you please give me what information you have of Benjamin Towler who applied for a pension in 1832 from Rutherford Co. Tenn.  His wife was Martha Darby (or Parby) and he had 2 daughters that we know of - Mary who married Wm Elder, and Sallie who married a Mr Dancy. Benjamin  Towler is buried in Gibson Co. Tenn.  We hope to locate & mark
his grave.
yours truly,
Mrs. W.B. McGee
[Stamp U. S. PENSION OF H Jan 28 1924]
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320 So. Royal St., Jackson, Tenn.
4-9-24
Commissioner of Pensions,
[Stamp Pension Office Apr 12 1924]
Washington, D.C.
Dear Sir,
In answer to my inquiry of last Feb. you gave me some information in regard to Benjamin 
Towler, a Rev. soldier - & pensioner (claim S. 3821) - that he was born  in Charles City County, Va. served 9 mos. in Rev. War; applied for pension Oct 29 1832, then a resident of 
Rutherford Co. Tenn & aged 80 yrs.
Will you please obtain for me the further information - the date of the last payment of his pension, so I may get the year of his death and where he resided at
date of is death - Tradition says year was 1837. and place Gibson Co. Tenn
Please send me the Certificate that is used for DAR application papers
(over) as proof of his service.
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Benjamin Towler was ancestor of my children, through their father.
Am sorry to have not made my first letter clear as to the information I wanted -
Yours Truly
Mrs. W.B. McGee
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St. Louis
5470 Clemens Ave
Oct. 29/29
Pension Bureau
Washington D. C.
Dear Sirs,
I have a friend who is eligible for membership in the D.A.R. but is discouraged because she has so little data about her ancestor, Benjamin Fowler and his descendants. He was born in Va in 1749 and died in Trenton Tenn. in 1837. At the age of 80 he applied for and was granted a pension for service in the Revolutionary War. If you will kindly send a copy of his pension to me or to her
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lineal descendant, Mrs. Leonard Matthews Jr. (Elvira Houston Matthews) 4538 Maryland Ave. it might supply some of the missing links. She was told by the registrar of the St. Louis Chapter, D.A.R to proceed along this line. Appreciating anything you may be able to do for us - for I identify myself with her [illegible] my desire to have her join the organization.
Very truly and gratefully yours, (send history to (Mrs. J. M.) S. M. Woods
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HOTEL CHASE
Lindell Blvd. at Forest Park
Saint Louis Feb. 1930
U. S. Pension Bureau Rev. War Dir _

Will you please send me a copy of the Rev. War Application for Pension of Benjamin Towler. He applied for said pension when he was 80 years old and was born 1742 presume this application was made about 1822 from Tenn.
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He died at Trenton, Tenn 1837. - At the time he made application he was living in Rutherford
Co. Tenn or Trenton Gibson Co. Tenn -
Desire this to establish an application for membership in Daughters of the American
Revolution
Very Respectfully
Mrs. S. H. Curlee
Hotel Chase
St. Louis, Mo.
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Pension Claims Free
James L Edwards, Esquire
Commissioner of Pensions
Washington City

Mail

[upper left round stamp that is blurred]
MURPHE T
SEP 13
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Washington City
AUG 3

J.L. Edwards
Commissr of Pensions

James L. Edwards Esquire
Sir
The enclosed certificate of Benjamin Towler has been presented for payment, and the applicant has been informed, that his name is registered Benj Fowler and not Towler and that it could not be paid – on the receipt of the certificate I observed that his name was written Fowler, instead of Towler, and I directed a young man to erase the cross, and render the F into a T – Therefore you will observe the erasure – upon looking at the original papers, the name of the applicant will be found Towler instead of Fowler, and I thought it was a clerical mistake.

Yours
Wm Brady
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Payments to be made at Nashville by the Pres of WBBanke Agent for paying Pension= ors, in the Agency of West Tennessee 
Recorded in the Pension Office, in Book E Vol. 7 Page 78 by Dan Boyd Clerk.
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WAR DEPARTMENT. Revolutionary Claim. 
I certify that, in conformity with the law of the United States 
of the 7th June, 1832, Benjamin Fowler 
of the State of Tennessee 
who was a private in the Army of the 
Revolution 
is entitled to receive Thirty dollars and 
cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annual the 4th of March, and 4th of September, in every year. 
Given at the War Office of the United States, this 26 day of July one thousand eight hundred and thirty-three John Robb 
Acting Secretary of War

Countersigned.}
JLEdwards
Commissioner of Pensions.
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[blank page]
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[blank page]
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Fowler which require further proof or explanation. 
I. Does the declaration show where the applicant resides? 
II. Did the declarant make the declaration in the county where he resides? 
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? 
# 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? No 
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? 
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 
VIII. Has the Court given their opinion? 
IX. Has the Clerk given his certificate? 
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?
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2

XI.  Has the applicant obtained the evidence of a 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 on living witness, has he stated in his declaration that such proof cannot be had?

XIV.  If the applicant's name is not found on the tools of military service, has he produced a witness or witnesses as to his served?
         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?
          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?

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?

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, deposits 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.
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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.
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Amended declaration of Benjamin Towler in order to obtain the benefit of the Act of Congress passed June 7th 1832

State of Tennessee
Rutherford County }

   Be it remembered that on this 16th day of Aptil 1833 personally appeared before me Daniel Bowman an acting Justice of the peace for the County and State aforesaid Benjamin Towler, the same person, who made his declaration on the 3rd October 1832 before Wm H Smith, and which is hereto annexed, 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 this service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For three months as a drafted militia man under Capt William Lewis -- for three months a militia man and private under the command of Capt Pegram Baker -- For three months more under Capt Pegram Baker as a drafted militia man -- and for such service I claim a pension.

Sworn to and subscribed
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State of Tennessee
Rutherford County} I John R. Laughlin Clerk of the County Court of pleas and quarter sessions of said County do Certify that Daniel Bowman Esquire where signature appears to the foregoing Certificate is an acting Justice of the peace for Said County, and that his official acts are entitled to full faith and Credit. In testimony whereof I have hereunto set my hand and affixed the Seal of Said Court at office in Murfreesborough 16th day of April A.D. 1833.
Jno. R. Laughlin,
Clerk.

the day and year aforesaid
Daniel Bowman J.P [seal] Benjamin Fowler
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the day and year aforesaid
Daniel Bowman J.P [seal] Benjamin Fowler

State of Tennessee
Rutherford County} I John R. Laughlin Clerk of the County Court of pleas and quarter sessions of said County do Certify that Daniel Bowman Esquire where signature appears to the foregoing Certificate is an acting Justice of the peace for Said County, and that his official acts are entitled to full faith and Credit. In testimony whereof I have hereunto set my hand and affixed the Seal of Said Court at office in Murfreesborough 16th day of April A.D. 1833.
Jno. R. Laughlin,
Clerk.
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State of Tennessee
Rutherford County} I John R. Laughlin Clerk of the County Court of pleas and quarter sessions of said County do Certify that Daniel Bowman Esquire where signature appears to the foregoing Certificate is an acting Justice of the peace for Said County, and that his official acts are entitled to full faith and Credit. In testimony whereof I have hereunto set my hand and affixed the Seal of Said Court at office in Murfreesborough 16th day of April A.D. 1833.
Jno. R. Laughlin,
Clerk.