Page -8-
With
Tobe resting in his grave, the War Department, swamped with affidavits,
recognized its error in classifying him as a deserter. As a result, the charge
was rescinded by Special Order number 114.[36]
The S.O. was issued by the Headquarters, Department of the South in Louisville,
on June 17, 1873. While other sections were unrelated to Tobe's case, paragraph
II stated, "The charge of desertion
recorded against Private Tobias Furgerson, Company "C", 11th KY
Volunteers, appearing upon investigation to be unfounded, is hereby removed".[37]
Subsequently, the Army furnished Tobe an honorable discharge, to date March 1,
1862.[38]
Rachel and the Children
Sometime
shortly after Tobe's death, Rachel and her children moved a few miles north to
Ohio Co. There she was to reside for the next fifty years. It is impossible to
say exactly why the family moved. Tobe's younger brother James, who seems to
have always lived close by, also moved to Ohio Co. James probably helped the
family during Tobe's illness, and Rachel may have moved to Ohio Co. to stay
close. There was also a John Ferguson boarding with the family and farming in
1880. His relationship to Rachel is not known.[39]
Oral
tradition has bequeathed Rachel a reputation as being hard-edged, yet the Ohio
Co. Court Orders of 1881 tell a different story. In October that year, she was
allowed the sum of $25 for ‘keeping a pauper’. It's not clear why the County
was doing this, as they were running a Poor Farm/House just east of Hartford.
Whatever the circumstances, the individual likely felt blessed to be in a home
rather than being warehoused at the County facility.[40]
Having
cleared her late husband of the charge of desertion, Rachel was awarded a
pension beginning in March 1887, in the amount of $12 per month, plus an
additional $2 per month for Lena until she reached the age of 16. Rachel also
received back payments to February 1873, at the rate of $8 per month, plus $2
per month for each of the children until they turned 16. The back payments
reflect the length of Rachel’s battle.[41]
Several individuals provided affidavits in Rachel’s survivors pension file:
[36]
According to the National Archives, the original of Special Order #114,
Headquarters, Department of the South, June 17, 1873, “No longer exists”. Tobe's copy has been carefully preserved by the
family and was in the
possession of Michael Brent Ferguson, of Orlando, FL at the time of his death
(born October 18, 1950, and who was descended from Tobe’s son, James Alexander Ferguson,
through Arthur Alano Ferguson and Marvin Ferguson). A copy of the Special Order
was also in Tobe's military record (the portion known as the Bookmark File).
[37]
Without a doubt, the clearing of Tobe's name was significant to the family.
Shirley Brown Burris recalls that James Alexander Ferguson had his father's
discharge papers framed and prominently displayed.
[38]
The date of March 1, 1862, seems odd at first since Tobe returned to Butler
County at the end of January that year. It appears that the date is based on
testimony given by Tobe in his affidavit to clear the desertion charge, a
decade after the event. The Army, having accepted that an honorable discharge
was warranted, seems not to have spent a lot of time determining the proper
date.
[39]
The relationship with John Ferguson is not clear. Tobe had a younger brother of
this name who died in 1856 at about 3 or 4 years of age. Brother James M.
Ferguson was living nearby in the 1880 census.
[40]
Ohio Co., KY, Court Orders, Vol 15, 1879-1882, page 445, October 3, 1881.
[41] Survivor's Pension Record, Tobias Ferguson, 11th Regiment of the KY Voluntary Infantry,
Company C, 48 sheets. Certificate number 235593, file number 268102. Included
therein is a copy of Rachel's application for pension, certified transcripts of
their 1860 Butler Co. wedding license and certificate, numerous affidavits, a
note from the War Department regarding his health while in service, and a
"drop" card. This latter document was filed at the time of Rachel's
death.
Page -9-
· James
M. Ferguson - Tobe's younger brother, who served in the same company. By the
time of his 1886 affidavit, James lived in Cromwell in Ohio Co. He cited
February 11, 1873, as the date of Tobe’s passing and gave testimony regarding
the date of Laura’s birth.
· Dr.
Robert B. Morehead - He was a physician in Butler Co., both before and after
the war. The 11th KY elected him as their Assistant Surgeon at the outbreak of
the war, but he declined. He first treated Tobe in the hospital at Camp
Calhoun. He returned to Butler Co. and again treated Tobe, who stayed at his
father’s house at the time. He said that Tobe moved during the winter of
1864/1865, and he ceased to see him for several years.
· Benjamin
F. Morris - Ohio Co. resident who said that he knew William F. Ferguson,
commonly known as "Tobias" before the war, when as neighbors they
both lived in Butler Co. Morris said that he occasionally employed Tobe for a
few days at a time, though he could not do a good day’s work.
· William
R. Day - A resident of Aberdeen in Butler Co. who had been the color bearer for
the 11th. Day knew Tobe for several years prior to the war. After Tobe took ill
at Calhoun, Day visited him in the hospital. After the war, they were near
neighbors who worked together from time to time in timber and farming and at
various small jobs.
· William
C. Rogers - An elderly resident of Aberdeen in Butler Co. Rogers had known Tobe
for several years prior to the war and was present at Dr. Siegler’s when Tobe
was brought in from Calhoun.
· Clark
T. Porter - A resident of Morgantown in Butler Co., who knew Tobe for several
years prior to the war. Porter knew of the marriage to Rachel’s sister Nancy
and her subsequent death. Porter signed the marriage bond as "surety"
(or what we would call "best man"). Tobe had worked for Porter before
the war and seems to have done some work for him after his return from Calhoun.
Porter said that Tobe was brought home in a "sleigh". Porter also
stated that Tobe lived on "Mr. Moore’s land". Finally, Porter claimed
that Rachel’s parents (which would actually be her father and stepmother)
remained "loyal" during the war.
· Dr.
J. N. Howard - A Butler Co. physician who attended Tobe during his last couple
of weeks.
· J.
J. Mitchell - Ohio Co. neighbor of Rachel Ferguson who attested that she had
not remarried since Tobe’s death. In his May 1887 affidavit, Mitchell claimed
that he had known her for 14 years, which implied that Rachel moved to Ohio Co.
immediately upon Tobe’s death.
· J.
M. Peters - Ohio Co. neighbor of Rachel Ferguson who attested that she has not
remarried since Tobe’s death. In his May 1887 affidavit, Peters also claimed
that he had known her for 14 years. As above, this implied that Rachel moved to
Ohio Co. immediately upon Tobe’s death.
· Alonzo
Neel - Butler Co. resident who was a member of Company E of the 11th KY
Infantry Regiment. Neel noted that Tobias married Rachel under the name of
William F. Ferguson, though his proper name was William Alexander Ferguson.
Neel claimed to have had a long acquaintance with Tobe and knew of his previous
marriage to Nancy. In what may be the most personal statement in this file,
Neel was able to attest that Rachel has not remarried since Tobe’s death,
"... because he don’t think anybody would have her....".
· Abraham A. Frizzell - A fellow Private in the 11th KY from Prentiss in Ohio Co. who served in Co. D and husband of Hannah Elizabeth Ferguson. Frizzell gave testimony regarding the date of Tobe’s death and Laura’s birth. Frizzell also later provided a statement regarding the age of the Ferguson children.
Page -10-
· George
F. Mitchell - Ohio Co resident who provided a statement regarding the age of
the Ferguson children.
Rachel’s
persistence and ultimate victory was significant enough that the news of the
award made the local paper.[42]
The
presence of family nearby must have been a great comfort when her son, Clark
T., died February 1, 1889. That Friday night he went out drinking with friends
Will Chinn and Doc Bunch. They loaded up on ‘mean Caneyville whiskey’. All
became seriously ill. Clark collapsed behind the Shevan’s livery stable and was
subsequently found dead. Chin and Bunch were saved by quick medical
intervention.[43] Clark
was buried in the cemetery at Beaver Dam Baptist Church, where his mom was a
member.
Somehow
Rachel prospered. By 1889 she owned three lots in Beaver Dam.[44]
The 50' by 150' adjacent lots, located in the southeast corner of Broadway and
Third, were purchased from Mr. and Mrs. I. P. Barnard of Louisville for a total
of $250.[45]
In 1894, Rachel added to her holdings, purchasing two more Beaver Dam lots
located on Lafayette Street. These she purchased from her daughter Lena Catherine
and son-in-law, W. T. Taylor, for $350.[46]
[42]
The Hartford Herald, July 20, 1887, page 3.
[43] Clark and his mom share a headstone. It would be
interesting to know if the 'T' stood for Timothy or Tobias or something else.
Clark’s death was covered in some detail in two articles in The Hartford
Herald, February 06, 1889, on page 3.
[44] 1890
Ohio Co., KY tax rolls, three city lots valued at $550.
[45]
Ohio Co., KY Deed Book 9, pages 181 and 182
[46]
Ohio Co., KY Deed Book 15, page 135.
Page -11-
Rachel
began to decline in health sometime in the early 1900s. Understandably, her
primary care had shifted from brother-in-law, James Ferguson, to one of her own
children, Elizabeth.[47]
By 1913 she was confined to a wheelchair. Though failing in health and
strength, her eyes were not dimmed. Rachel kept up with her needlework
throughout her life and never wore glasses. Those who remembered her also said
that the strength of her personality never slackened. Even in her 90s, Rachel
continued to be demanding, perhaps confirming the testimony given by Alonzo
Neal some fifty years before.
Her
pension was increased to $20 per month in 1916, to $30 per month in 1920, and
to $50 in 1926. She continued at this latter rate until her death.
In
early June of 1927, Rachel became seriously ill and was placed under Dr. P. T.
Willis' care. Weakened by 3 straight days of ‘the flux’, she passed away on
Friday, July 8, 1927, around 3:30 p.m. at her daughter Lizzie's home. Dr.
Willis identified senility as a secondary cause of death.[48]
Rachel was buried at Beaver Dam Baptist Church beside her son, Clark, Saturday
the 9th at 3:30 in the afternoon. Her Pastor, Rev. C. C. Daves, led
the service.[49]
[47] 1900
Ohio Co., KY census, page 187, east Beaver Dam precinct. Warren H. and Lizzie
Stevens lived next door to her. Rachel was shown as being 63, having six
children, four of whom are still living. She states that she was born in KY, as
were both of her parents. She states that she cannot read or write and owns her
own home mortgage-free.
[48]
Rachel Jones Ferguson, Directory of Births and Deaths, KY State Board of
Health, Volume 44, certificate 21562. KY.
[49]
Ohio County News, July 1927.
Page -12-
In
early 1924, Rachel must have sensed that her health was failing and had
prepared her will. It was a one-page document of a simplicity certain to make
any late 20th-century lawyer shiver. Rachel wanted her debts paid, a dollar
given to her children James, Lena and Laura, and the balance given to Lizzie.
This she desired, having made her home with Lizzie for several years and having
received support and care during those years.[50]
End Notes and
References
1.
Butler
Co., KY census for 1850, p. 275. We know that Moses married again in 1872 to a
Sallie F. Nostril (Butler Co. marriage records, Book 7, page 299). He states
that his marriage to Sallie is his second, which is good confirmation that
Malinda Ferguson is Tobias' mother. The known children of Moses and Malinda
are;
·
Catherine,
born about 1833 in TN.
·
William
Alexander ‘Tobias’, born about 1839 in KY.
· Timothy
V., born October 27, 1840, in KY. In June 1880, he married a Betsy Jane Runnals
in Ohio Co. He died of a brain hemorrhage on July 18, 1917, in Ohio Co. Also
served in the 11th KY.
- James
M., born April 14, 1845, in KY. He later married a woman named Nancy and
moved to Ohio Co. Also served in the 11th KY. Was captured at Bowling
Green by John Hunt Morgan’s unit on December 31, 1862, and was paroled. He
reported to Company K, 4th Regiment of Paroled Forces at Camp Chase, OH on
January 2, 1863. After presumably being exchanged, he returned to duty in
the 11th KY on March 13, 1863. Camp Chase (4 miles west of downtown Columbus,
OH) served as a training camp, parole camp and prisoner of war camp.
· Thomas,
born about 1848 in KY. He was still living with the family in 1860 and was
mentioned in the letter home during the war by Timothy and James.
· Hannah
Elizabeth, born about October 23, 1849, in KY. She married Abe Frizzel, who also
served in the 11th and supported Tobe's and Rachel's claims with affidavits.
- John A., born
about 1852 in KY. Died December 2, 1856, of scarlet fever. Butler Co., KY,
death records, 1856, page 2.
- Eleanor, born
about 1854 in KY. Died December 4, 1856, of scarlet fever. Butler Co., KY,
death records, 1856, page 2.
- Elmore,
born about 1856 in KY. Died 1857 of scarlet fever. Butler Co., KY, death
records, 1857, page 2.
Moses’ place of birth is based on Butler Co., KY census for 1860 (p.873), 1870 (p. 334), and 1880 (p. 364), though in Moses' 1872 marriage license to Sallie F. Nostril he states he was born in Tennessee, that his father was born in NC, and his mother in VA. In 1860, Moses' personal property was estimated at $200 (in an almost illegible scrawl that misled me for years) compared to Tobe's $50 personal property. According to the census, neither had any real estate. Rachel's father, Philip Jones, appears on the preceding page in the census (Butler Co., KY, 1860, page 872) so there was no shortage of family close at hand. The 1860 census also records the fact that Rachel also can neither read nor write, this in spite of the fact that the 1850 census for Edmonson Co. notes that the 11-year-old and her 9-year-old sister, Nancy, are in school. In 1883, Rachel does submit one document in her own handwriting to the War Department as a part of her Widow's Pension application. It shows that her skills are marginal
[50]
Last will and testament, Rachel Ferguson, Ohio County Court Records, volume E,
page 58, two pages. Ola (Viola) Ferguson Oller was one of the witnesses. She
was the granddaughter of Rachel Ferguson through her son James Alexander Ferguson.
Ola would not die until 1976. She was a favorite great-aunt of my family. Blind
near the end of her life, she remained the happiest and funniest person I knew
in my youth. Our tradition was to always take Ola peppermint candy. I
interviewed Ola in 1961 or early 1962 for a school family tree project. Wish
I’d taken better notes.
Page -13-
at best. As time passed, she continued to respond
negatively to census inquiries regarding her ability to read and write.
3. Moses
Ferguson and Malinda Goff were married in Sumner Co., TN on July 19, 1832 (page
474 of the book, 35,000 Tennessee Marriage Records and Bonds, 1783-1870,
Vol 1, A-F, edited by Rev. Silas Emmett Lucas, Jr. and Mrs. Ella Lee Sheffield,
Southern Historical Press, Easley, SC, 1981). Malinda's place of birth is based
on her 1850 response to the Ohio Co., KY census. In 1830 in Sumner Co., TN,
there was only one Ferguson family (spelled Furguson in the census). It is the
family of Edward Furguson, aged between 70 and 80. One of those living in this
household is a male between 20 and 30 years of age. Moses would have been
between 20 and 30 at this time. Except for the one statement given by Moses in
his old age, the date of birth would correspond to that of the male in the
Edward Ferguson household in the 1830 Sumner Co., TN census. It is possible
that Edward is his father, though Edward would have been between 50 and 60 at
the time of Moses' birth. Also, in Edward's household was one male less than 5,
one female between 5 and 10, one female between 15 and 20, and one female
between 60 and 70. The 1820 Sumner Co. census has three Furguson families,
Edward, Polly, and John, all appearing on page 153 of that document.
4. Butler
Co., KY marriage records, Book A, page 114. William A. Ferguson to Nancy
Jones on March 8, 1857. This is without a doubt Tobe. Rachel had a sister named
Nancy. Philip Jones was at both weddings, and both occurred at Moses'. Rachel
states in her Widow's Pension application that Tobe had been previously married
and mentions 1858 or 1859 as the approximate date. She does not name the first
wife, who she notes died childless. Tobe is listed as William F. on his
marriage license and certificate to Rachel. We know that this is their marriage
since a certified copy was submitted by Rachel to the War Department as part of
her effort to secure a Widows Pension. Clerical mistakes are not unknown (they
are well known to this researcher). It certainly was not unusual for a man to
marry his deceased wife's sister in that day. A similar case exists in the
Wilson branch of the family tree. In support of Rachel's application for a Widow's
Pension, both Ben F. Morris and Alonzo Neel comment on Tobe's various names,
and both Neel and CT Porter mention his earlier marriage to Nancy Jones.
5.
In
the 1850 Edmonson Co., KY census, the Phillip Jones family appears on page 29
as follows:
|
Name |
Age |
Occupation |
Worth |
Place of Birth |
|
Phillip Jones |
37 |
farmer |
$100 |
KY |
|
Elizabeth |
34 |
|
|
KY |
|
Rachel |
11 |
|
|
KY |
|
Nancy |
9 |
|
|
KY |
|
Louisa |
7 |
|
|
KY |
|
John W. |
5 |
|
|
KY |
|
Solomon
4 |
4 |
|
|
KY |
|
Shredreck |
|
|
|
KY |
Shirley Brown Burris recalls that Rachel had a
brother who was known as "Wash". It may be that the middle name of
John W. Jones was Washington or Washburn. Since Rachel’s mother’s maiden name
was Decker, it is interesting to note that when the War Department compiled a
list of pensioners in 1835 (Pension Roll of 1835, page 97 of the KY
section of Volume 3), there were two Deckers in Grayson Co. One is named
William (age 89), the other is a John Decker (age 82). Both served as Privates
in the VA Militia in the Revolutionary War.
6.
Ohio
Co. KY 1880 census, page 514. James Ferguson and his family are on the next
page of the census.
|
Name |
Age |
Occupation |
Born |
Father Born |
Mother Born |
Misc. |
|
Rachel Ferguson |
44 |
Widow |
KY |
KY |
KY |
|
|
Elizabeth |
19 |
|
KY |
KY |
KY |
|
|
Jamie |
17 |
|
KY |
KY |
KY |
|
|
Clark |
13 |
|
KY |
KY |
KY |
in school |
|
Laura |
11 |
|
KY |
KY |
KY |
in school |
|
Lena |
9 |
|
KY |
KY |
KY |
in school |
|
John Ferguson |
25 |
Farmer |
KY |
KY |
KY |
boarder |
7.
The
family moved to Butler Co. sometime in the 1850s, Elizabeth seems to have died,
and Phillip has taken a new and much younger wife, the Tennessee born C. Annie.
From page 872 of the 1860 Butler Co., KY census it can be deduced that three
children were born to the two women in the 1850s.
|
Name |
Approx. Year of Birth |
Gender |
|
Ditto |
1851 |
Male |
|
Mary E. |
1855 |
female |
|
Eluisa E. |
1859 |
female |
The Jones and Ferguson families are on adjacent
pages in that census, perhaps indicating that they still live near one another.
Per page 283 of the 1870 Butler Co., KY census it can be determined that at
least five more children are added to the Jones family in the 1860s after both
Nancy and Rachel have left home;
|
Name |
Approx. Year of Birth |
Gender |
|
William |
1863 |
Male |
|
Timothy |
1864 |
Male |
|
James |
1866 |
Male |
|
Reansian (?) |
1868 |
Male |
|
Ruthy |
1869 |
Female |
9.
The
1920 Ohio Co., KY census, page 47, shows Rachel living in the east Beaver Dam
precinct with Warren and Elizabeth Stevens. Rachel is 84 years old. As with
previous census responses, she states that she cannot read or write and that
she and both parents were born in KY. Warren, 66, is retired.
1. like both sides were celebrating the 4th.[51]
Records of the 11 Ky show no other heavy engagements on or around a 4th
of July. The other confusing statement is about their brother, Thomas, whom
they described as ’one of only 13 years’.
Census records place his birth around 1848, which would make him perhaps 15 or
nearing 16 in 1864. The text reads as follows:
To all
the folks at home
We just
heard bout all the raiders given ya'll a hard time. Tell pa to give Tom my gun
he's a good shot for one of only 13 years. Give them theaving rebs something to
remember or at least somethin to run from. We have marched near to Georgia so
far as we reckon and I (James) Need new boots. Our forth was monnsteously loud
and the smoke was fierce from the cannons. Add the dust and heat and it will
not be a day We want to live again. We had a ringing in our ears and body for
days. Our fighting has been not so bad, we loose more to sickness than
fighting. On that note we be glad to hear Tobias is less poorly. Tell him that
they listed him as a deserter, but we put them straight. This has been a long
summer, but we have them on the run. If God see fit for us to live we will
never walk more than 10 mile from home. This be a grand big country, but seeing
it this way we would not recomend. We will write again when able I (Tim) have
duty soon.
your
loving sons J & T
Wish List
·
I
would like to find where Tobe is buried (a review of the available Butler Co.
cemetery index, dated 1975, did not yield anything). Since it is known that
they lived near Aberdeen, it is likely that Tobe is buried nearby. As I
mentioned, finding Nancy Jones, or a cemetery used by the Ferguson or Jones
families, would be a good start.
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