Revolutionary War Pension and Bounty Land Warrant Application File S. 11,570, Elijah Towner, Conn.

SERVICE
Conn.
Towner, Elijah
NUMBER
S 11.570
carded
CONTENTS

Date of death not on A.B. JAK
New York P.O. 165 Elijah Fawner of Greene in the State of N. York who was a Private in the New York by Captain Stanley - of the New York by Col. Swift - in the New York line for 7 m. 22 as
Inscribed on the Roll of N. York at the rate of 25 Dollars 75 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of Aug. 1833 and sent to H. Fawner Springfield heights
Arrears to the 4th of Mar '33 $ 51 25 Fem-ant. allowance ending 4 Sep '33 12 88 $ 64 60
Revolutionary Claim, Act June 7, 1832. Recorded by P. C. Stiles, Clerk, Book E, Vol. 1, Page 80

State of New-York } County of Greene } 85.
On this fourth day of June 1833 personally appeared before Munnson Barel a Judge of the court of common pleas of the county aforesaid Elijah Towner a resident of Windham in the County of Greene and State of New-York, aged seventy-four 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 provision made by 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 stated.
That in the month of April 1777 he was drafted at Goshen in the state of Connecticut & was marched to Danbury in said state & from there to Long-Island sound where he was discharged, served one week. This was at the time Gov. Tryon burnt Danbury, was not organized in to companies & does not recollect the names of any of the officers except Capt. except Capt. Timothy Stanley who this declarant was under, served as a private soldier, and received no written discharge.
That in the month of September 1777 he was drafted as a private soldier & put in to a company of militia & marched from Litchfield in the state of Connecticut by way of New Milford to Fish-Kill in the state of New York, that while there Fort Montgomery was taken, served one & a half months, of the company officers now well recollects Captain Timothy Stanley and Lieut. Gibbs, was not as he now recollects attached to any particular Regiment, was dismissed at Fishkill but did not receive a written discharge.
That in the month of May 1780 he entered the service of the United States at Goshen County of Litchfield & State of Connecticut as a private in the Connecticut line for six or seven months which this declarant cannot now precisely state.

believes it to be Bradleys or Swifts Regiment that shortly after he so enlisted he was sent to Litchfield where he joined a number of recruits & was sent from there to Nelsons Point on the North River near the Highlands where he was mustered and after remaining there a short time was sent in to New Jersey and was then placed in Swifts Regiment as he now thinks. That during that summer he was at Totoway-falls, Demarest, Harrington, Haskinsack and other places & late in the fall was returned to West Point and was discharged in the month of December at the Highlands, which discharge is now lost, was in Captains Chapmans company whom he well recollects and also Lieut. Buel, of the regimental officers well remembers Col. Swift whom he served under some part of the time also Major Clift & adjutant Wilcox.
He hereby relinquishes every claim 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.
That at the time of entering the service at each of the above mentioned periods he resided at the town of Goshen county of Litchfield & state of Connecticut, that he has no documentary evidence and knows of no person who can testify to his services now living.
Interrogatories propounded by the Judge together with the answers of the declarant thereto.
1. Where & in what year were you born— at the town of Goshen aforesaid in the year 1758. 2. Have you any record of your age, and if so where is it I have in my family Bible. 3. Where were you living when called in to service where have you lived since the revolutionary war and where do you now live— Lived at Goshen state of Connecticut have since lived at Lexington Greene County & now live in Windham, Greene county.

State of New York Greene County } ss.
On the fourth day of June 1833 persons came before me Munson Buel one of the judges of the court of Common Pleas of said county Elijah Towner of Windham county aforesaid known to me as the person who has subscribed & sworn to the foregoing declaration who being first duly sworn according to law doth on his oath make the following additional to his declaration. That on more mature reflection he believes that when he enlisted in 1780 he enlis- -ted for Bradley Regiment and was shortly after transferred in to a Regiment of Light Infantry organized for the campaign but that by reason of old age & consequent loss of memory he is unable to state precisely the length of time he so enlisted and was in 1780 but is positive it was either six or seven months & that for the reasons last stated he cannot positively state the name of the Colonel commanding the regiment into which he enlisted. But that he served not less than the periods mentioned below for 7 days as a private in the Danbury expedition for 1 month & 15 days at and near Fishkill in the year 1777-
for six months (thinks seven) in 1780 in the continental army and for such services I claim a pension Sworn & subscribed to before me this day & year aforesaid —
Elijah Towner
Before me Munson Buel — judge as aforesaid
State of New York } ss. Greene County }
We Ransom Johnson & Henry Goble residing in the town of Lexington county aforesaid, do hereby certify that we are well acquainted with Elijah Towner, who has subscribed and sworn to the above declaration; that we believe him to be seventy four years of age; that he is reputed and believed, in

4- Now were you called in to service; were you drafted did you volunteer, or were you a substitute? and if a substitute for whom?
The first & second tour was drafted the third enlisted
5- State the names of some of the Regular Officers, who were with the troops, where you served; and Continental & militia Regiments as you can recollect, and the general circumstances of your service
of the continental officers recollects Gen Lafayette & while in the Jersey in 1780 members being selected by General Steuben with others & put in to a Regiment of Light Infantry-
6- Did you ever receive a discharge from the service & if so by whom was it given & what has become of it
Never received but one written discharge that was from the Continental service in 1780, does not now recollect by whom it was given, which discharge is now lost.
7- State the names of the persons in your neighbourhood to whom you are known, and who can testify as to your character for truth and veracity, and their belief of your services as a soldier of the Revolution.
Asaph Storford, Ransom Johnson, Sydney Little & Henry Goble
He hereby relinquishes every claim to a pension for annuity except the present and declares that his name is not on the Pension Roll of the agency in any state -
Elizabeth Towne
Sworn & subscribed
The day & year aforesaid -
Before me Munson Buel
judge as aforesaid

The neighbourhood where he resides, to have been a soldier of the revolution, and that we were in that opinion -
Sworn and subscribed the day & year aforesaid -
Ransom Johnson Nancy Goshes
Before me Munson Buel -
a judge of the county aforesaid
State of New York Greene County - }
Ransom Johnson of the town of Lexington county aforesaid being sworn in due form of law, on his oath says that he has been well acquainted with Elijah Towner for twenty years past & that he has during said time often heard Elijah Towner above named, relate his services during the revolutionary war & further that his statements previous to the passage of the act of June 7, 1832 correspond generally with those in the above declaration and that the said Elijah Towner is considered a man of truth & veracity -
Sworn & subscribed the day & year aforesaid -
Ransom Johnson
Before me Munson Buel
a judge of the county aforesaid
And the said Judge doth hereby declare his opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the war department, that the above named was a Revolutionary soldier, and served as he states. And the said Judge further certifies, that it appears to him that Ransom Johnson and Nancy Goshes, who have signed the foregoing certificate, are residents of the town of Lexington county aforesaid, are credible persons and that their statement is entitled to credit.
And that Ransom Johnson who has signed the above deposition is a man of truth & veracity and further that the said Elijah Towner is unable to attend court by reason of bodily infirmity -
Munson Buel -
judge as aforesaid

State of New York Greene County ss.
I William T. B. Hermance Clerk of the said County do Certify that Munson Puel Esquire before whom the foregoing declar- ation of Elijah Towner, and additional declaration of said Towner, and certificate of Ransom Johnson & Henry Goslee, and affidavit of Ransom Johnson, were sworn, and who subscribed the declaration of opinion thereunder written, was at the date of the same And now is, one of the Judges of the Court of Common Pleas of the said County, being a Court of record, and further that I am well acquainted with the hand writing of the said Judge, and do verily believe his name subscribed to the several documents aforesaid to be his proper hand writing and signature
In witness whereof I have hereto set my hand and seal of office this 5 th day of June 1833.
William T. B. Hermance Clerk

19695.
Elijah Towner. Greene Co New York
a. c.
On Boller-Bradley 6 mo. in '80
Around
7 mo. 22.00 pri
\begin{array}{r} 142 \\ 2311 \\ \hline 2575 \end{array}
Henry Gosler Esq Lexington Heights. Greene Co New York

WAR DEPARTMENT,
Pension Office,
May 25 183 3
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Elijah Towner. Greene Co New York
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Apr. 1777 about 7 Private Not recd to be Not recd to be None Connec. 74 years Litchfield Traditionary   Sep. 1777 " 1 1 " Capt Stanle Lieut Gibbs " " N. York 62   May 1780 " 7 as he new thinks " Capt Chap man Lieut Buck Capt Swift Lieut Buff " N. Jersey Connec.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
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 the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. 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.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowan Esq. etc.

WASHINGTON October 14, 1931.
L. R. Dumas 827 Mason Street Milwaukee, Wisconsin.
BA-J/ILL
Dear Madam:
Reference is made to your letter relative to Elijah Towner, a soldier of the Revolutionary War.
The data furnished herein are obtained from the papers on file in pension claim, S. 11570, based upon his military service in that war.
Elijah Towner was born in 1758 in Goshen, Litchfield County, Connecticut.
While a resident of Goshen, Connecticut, he enlisted in April, 1777, served one week as private in Captain Timothy Stanley's Connecticut Company and was in the Danbury raid; he enlisted in September, 1777, and served one and one-half months as private in Captain Timothy Stanley's Connecticut Company; he enlisted sometime in May, 1780, served as private in Captain Chapman's Company, Colonel Bradley's Connecticut Regiment and in Colonel Swift's Connecticut Regiment and was discharged in December, 1780.
He was allowed pension on his application executed June 4, 1833, while a resident of Windham, Greene County, New York. He had also lived in Lexington in said Greene County, New York, since the war.
There are no data relative to soldier's family in the papers in this claim.
Very truly yours,
A. D. MILLER, Assistant to Administrator.

1931- Oct. 13- Hist. to L. R. Dumes. J.L.L.
Reborn
11570 INVALID.
File No. 11570 Elijah Towner Brn. Rev War
Act: June 7 th 1832
Index:—Vol. a , Page 377
[Arrangement of 1870.]

827 Mason Street, Milwaukee Wis. Sept. 24th. 1931.
Office of the Pension Bureau, Washington, D.C.
My dear Sir:
Will you kindly give me whatever data you may have regarding the service of my great-great- grandfather Elijah OK Towner who enlisted in the ser- vice from Conn. later moving to Green Co. N.Y.
My grandparents moved to Ohio, later to Indiana.
There was a daughter Dalinda, a son Joseph and ano- ther daughter Hannah. Names of the immediate fam- ily are unknown to me.
Yours very truly
L. R. Dumas.