Revolutionary War Pension and Bounty Land Warrant Application File R. 3909, James Gardner, New Jersey New York
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New Jersey / New York  

Garnder, James

R. 39099
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Virginia Carroll County to wit
      On this 18th day of April personally appeared before me William H. Reeves a Justice of the Peace in and for the County aforesaid, James Gardner a resident of said County and Site aforesaid aged eighty eight 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 June 7th 1832.
    That he entered the service of the United States, he believes win the year 1777 under Capt. Sessions as a substitute in place of one Aaron Touchier, he then residing in Sussex County State of New Jersey.  There company in which he served as aforesaid was called on to serve a tour of nine months and joined the army commanded  by General Maxwell - (smudged word) Elizabeth Town General Washington reviewed the said troops and was saluted by the - That he served this tour three months in actual service as well as he recollects and received from his captain a written discharge, which was lost among other papers in a pocket book which he lost.  During this tour he was engaged in a skirmish with the British on Staten Island and received a slight wound by a rifle ball across his shin bone.  He was afterwards (he thinks perhaps in the same year) drafted into Capt. McCambly's company in a regiment commanded by Col. Hawthorne, Josiah Woods being Lieutenant of the said company.  He marched to Fishkill Plains in the State of New York where he was stationed - During this tour General Burgoyne and his army were taken. I n the expedition he served two months, but was discharged without receiving a written discharge.  He still continued to reside in Sussex County New Jersey -
 Some    time after this he believes in the year 779, he volunteered under Col. Soward in New York and matched upwards of one hundred and fifty miles to the head waters of the Delaware river against the Indians who were commanded by Brant and Butler.  an engagement took place on the Mongrouse river in which the whites...
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(continued from previous page)

...were repulsed - on this tour he was in actual service one month and received no written discharge.
Afterwards he believes in the year 1780 he was drafted into the company of Capt. John Tuesdale, William Hopkins being the Lieutenant in the State of New York near the line of New Jersey and guarded the British prisoners taken at Stoney Point to Philadelphia.  He was in service three weeks on this tour for which he received no written discharge.  Afterwards (he believes during the same year) he was drafted under Capt James Seward William Hopkins Lieutenant in the State of New Jersey and matched to New Bridge in said State where he was stationed.  On this tour he served six weeks.  Has no recollection of having received a written discharge.  He further declares that he has no documentary evidence of his services and that he knows of no one who can testify to them.  He hereby relinquishes every claim whatever to a pension or annuity except for the present, and declares that his name is to on the pension roll of the agency of any state.  That he employed an agent some years since to attempt to an application for him for a pension and did not know until recently that the application had to been made.
James Gardner his X mark
Sworn to and subscribed before me the day and year aforesaid.
Wm. H. Reeves / Reives

We John Cock a clergyman residing in the county of Carroll andState of Virginia, and Jack (Joel?) Ashworth residing in the same county and state aforesaid, hereby certify the we are acquainted with the above applicant James Gardner, who has subscribed and sworn to the above declaration, that we believe him to be eighty eight years of age; the he is reputed ad believed in the neighborhood where he resides mohave been a soldier of the revolution and that we concur in that opinion.

John Cock
Joel Ashworth

Sworn to and subscribed before me the 3rd day of June 1844
Wm. H. Reives
Page 4

Interrogatories propounded to Jams Gardner the foregoing applicant for a pension.
   1st.  Where and in what year were you born?
   Answer: I was born in the year 1756 in the State of New York Fishkill County 
    2nd.  Have you any record of your age, and if so where is it?
   Answer: I have it recorded in my bible  now in my house.
    3rd:  Where were you living when called in the service, and where have you lived since the revolutionary war?
   Answer:  I was living in the State of New Jersey Sussex County when called into service.  I moved to the County of Shenandoah in the State of Virginia, thence to the County of Franklin in the same State, then the County of Grayson (now Carroll) where I now reside, and have  resided for the term of twenty five years past.
    4th:  How were you called into the service?  Were you drafted, did you volunteer, or were you a substitute , and if so for whom?
   Answer:  I first entered service as a substitute for Aaron Tucker, volunteered once, and was drafted for the other tours I served.
    5th:  State the names of some of the regular officers, who were with the troops when you served; such continental or militia regiments as can recollect and the general circumstances of your service.
   Answer:  I recollect General Washington, General Maxwell, Colonel Soward, Col. Hawthorne, Captains -?-. Soward and McCambly, and Lieutenants William Hopkins and Josiah Woods.  I cannot to state which was regular and which militia officers.  I cannot recollect the numbers of the regiments.  The general circumstances of my service are set out in the foregoing Declaration.
    6th:  Did you ever receive a written discharge for the service and if so, by whom was it given and what has become of it?
     Answer: I received one written discharge signed by Capt.  -?-, which I lost among other papers with my pocket book.
    7th State the names of persons to whom you are known in your present neighborhood, and who can testify, as to your character for veracity.....
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...and their belief of your services as a soldier of the revolution.
   Answer: John Cock a clergyman and Joel Ashworth.

     And I William H. Reeves the said Justice of the Peace before whom the foregoing Declaration was sworn to and subscribed do hereby certify that the said applicant James Gardner is unable from age and bodily infirmity to attend Court for the purpose of making his said Declaration and I do further certify that in my opinion after the investigations of this matter and my putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier and served as he states.  And I do further certify that it appears to me that John Cock who has signed the preceding certificate as a clergyman resident in the County of Carroll - and that Joel Ashworth who has also signed the same is a resident of the said county of Carroll and is a credible person, and that their statement is entitled to credit - and I do further certify that the foregoing contains the original proceedings in the matter of the application of John Gardner for a pension.
   Given under my hand this 3rd day of May 1844
William H. Reeves J.P.

(written vertically to left) 35772

Virgina
Carroll County Court June term 1844
    The foregoing Declaration made by James Gardner before William H. Reeves, a Justice of the Peace for this County in order to obtain a pension with the accompanying certificate and affidavits were  examined and approved by the Court, and ordered to be certified to the War Department.
A copy
William Lindsey Clk
Page 6

(written vertically and horizontally)

To the Secretary of Interior
Washington City

Respy (?) ref to Com. Pensions
Int. Dept.
Feb. 25/61

(in center)  -?-
Feb 17th. PAID

Read 23rd July 1861
Mr. Lester
Page 7

To the secretary of interior I wish you would if you please to examine the evidence filed in the application of James Gardner for a pension for his service in the revolutionary war and inform me whether or not a warrant has been issued in his favor if not what further proof is necessary for his window the applicant now being dead.  Write as soon as you can conveniently your most humble servant.
Isaac A. Gardner

you will if you please direct your letter to glades Burroughs Carroll county VA.
Page 8

Hillsville, Carroll Co. Uirga (-?-Virginia??)

August 12th 1850

     Sir - Your letter under the date 22nd July last addressed to Col. Carroll - In regard to James Gardner's Pen. Claim, was handed to me a few days ago by Col. Carroll. 
     In answer, I will inform you that James Gardner deceased on the ---day of ---- 1829.
I am the son of James Gardner deceased, and of the same name, my Mother is yet living (the widow ofJames Gardner dec'd) her name is Tabitha Gardner, and they have 11 children now living, viz: William, John, Mary, Jane, Nancy, James, Matthew, Elizabeth, Sarah, Alexander, and Washington.
    The widow Tabitha Gardner is administratrix, and John Quesinbury is Administrator, of the estate of the said James Gardner dec'd. We wish to employ you to attend to the claim for us, or to making the necessary examination in regard to it, we will try and attend to all that is necessary here, we are willing that you shall undertake it upon terms proposed  in your letter - one third of what you recover, and nothing unless you do recover, we presume the evidence  is filed in the Pension Office in Washington City;  please let me hear from you shortly, address - "James Gardner Hillsville Uirga (Virginia??)" care of F.L. Hale

Yours
James Gardner

PS the papers were in the hands of Thomas L. and A. Thomas Smith, who will please deliver them to you if they have not been filed.
    Jamses Gardner
Page 9

James Gardner
R. 3909
BA-J/AWF
Mrs. L. L. Roberts
Cambria, Box 415
Virginia 
Dear Madam:
Reference is made to your request for the Revolutionary War record of James Gardner of New Jersey, and after the War lived in Carroll County, Virginia.
The data furnished herein were obtained from papers on file in pension claim, R. 3909, based upon the service of James Gardner in the Revolutionary War.
James Gardner was born in 1756, in the State of New York. The names of his parents were not stated.
James Gardner applied for pension, April 18, 1844, while residing in Carroll County, Virginia, and alleged that while living in Sussex County, New Jersey, he served in 1777, three months under Captain Sessions, and was in engagement on Staten Island, where wounded by a rifle ball; in same year, served two months in Captain McCamley's company Colonel Hathorn's regiment; in 1779, one month under Colonel Soward (?) in pursuit of the Indians; in 1780, three weeks under Captain John Rusdale or Trusdale; and the same year, six weeks under Captain James Seward.
The claim was not allowed as proof of six months' service was not furnished, as required by
[End of page letter]
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[Letter continued from previous page]
the pension law.
James Gardner stated that after the Revolution, he moved from Sussex County, New Jersey, to Shenandoah County, Virginia, to Franklin County, Virginia, to Montgomery County, Virginia, to Grayson County, Virginia, to Carroll County, Virginia, where he had been living about twenty-five years, when he applied for pension.
James Gardner died in 1849 or the spring of 1850, leaving widow, Tabitha, her maiden name was not given, nor were there any data stated as to their marriage.
The following children survived in 1850-James, a resident of Hillsdale, Carroll County, Virginia; William; John; Mary; Jane; Nancy; Mathew[?]; Elizabeth; Sarah; Alexander; Washington.
[Written between paragraphs] + and.
In 1861, one Isaac A Gardner gave his address "Blades Burrough", Carroll County, Virginia; it was not shown that he was related to the family.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator
Page 11

35773

James Gardner
Virg'a
Suspended

Let to Geo. N.Cloud
October 3 '44
Let to Hon. -?-
decd 3 ' 44
(the above crossed out)

Geo W. Cloud June 23 1846

(3 more lines crossed out)

Act June 7 '32
Page 12

M.E.E.

Rev. and 1812
War Section

May 8, 1928

Mrs. John A. Maxwell, National Registrar
N. S. C. of the American Revolution
Memorial Continental Hall
Washington, D. C.

Madam:

I advise you that from the papers in the Revolutionary War Pension Claim R. 3909, it appears that James Gardner was born in 1756, in Fishkill County, New York.

He applied for pension, April 18, 1844, while residing in Carroll County, Virginia, and alleged that while living in Sussex County, New Jersey, he served in 1777, three months under Captain Sessions, and was in an engagement on Staten Island and was wounded by a rifle ball; in same year he served two months in Captain McCamley's Company, Colonel Hathorn's Regiment; in 1779, one month under Captain Seward, and was out against the Indians; in 1780, three weeks under Captain John Rusdale or Trusdale; and the next year, six weeks under Captain James Seward; but the claim was not allowed, as there was not satisfactory proof of service, as required by the pension law.
Page 13

Rev.
War


He died in 1849 or in the spring of 1850, leaving
widow, Tabitha (her maiden name and details of marriage are not stated), and eleven children -- William, John, Jane, Nancy, James, Matthew, Elizabeth, Sarah, Alexander, and Washington.

Respectfully,

WINFIELD SCOTT
Commissioner.

Hist. of William Lowing
W.18184 sent - her letter in his file
to some inquirer.
Asked for ['James' crossed out] Joseph Woods, also-
Page 14

Rev. 
War

May 3, 1927

Mrs. C. W. Maffett
240 Strickler Ave
Clarendon, Va

Madam:

I have to advise you from the papers in the Revolutionary War pension claim R. 3909, it appears that James Gardner was born in 1756
in Fishkill County, New York.

He applied for pension, April 18, 1844, while residing in Carroll County, Virginia, and alleged that while living in Sussex County, New Jersey, he served in 1777, three months under Captain Sessions, and was in an engagement on Staten
Island and was wounded by a rifle ball; in same
year he served, two months in Captain McCamley's Company, Colonel Hathorn's Regiment; in 1779, one month under Captain Seward, and was out against the Indians; in 1780, three weeks under Captain John Rusdale
or Trusdale; and the next year, six weeks under
Captain James Seward; but the claim was not allowed, as there was not satisfactory proof of service, as
Page 15

required by the pension law.

He died in 1849 or in the spring of 1850, leaving
widow, Tabitha (her maiden name and details of marriage are not stated), and eleven children William, John, Mary, Jane, Nancy, James, Matthew, Elizabeth, Sarah, Alexander, and Washington.

Respectfully,
WINFIELD SCOTT
Commissioner.
Page 16

Veterans Administration
Washington DC
Old Records Dept.
Page 17

Cambria, VA
Oct 18 '37

Veterans Administration
Washington, DC

Gentlemen:
    Please send me the pension app. of James Gardner Rev. Soldier who died around 1845 in Carroll County, Va.  I think he enlisted in New Jersey.
Thank you,
Mrs. L.L. Roberts
Cambria, Va
Bx. 415
Page 18

Commissioner of Pensions
Washington 
D.C.
Page 19

Dear Sir - Will you kindly give me the Revolutionary war record of James Gardner who enlisted in New York State and served in Washington's Army was disbanded in NY then came south first to Norfolk VA later to Franklin Co. Va. and later to what is now Carroll where he died and is buried near Hillsville.  He married a Miss Martin and had five sons William, James, Matthew, Alexander and Washington.  I want this for D.A.R. line.  Thanking you for your kindness.  
Mrs. Chas W. Moffitt
240 Strickler Ave.
Claredon VA
Page 20

REJECTED

3909

James Gardner

Not on printed list of 1852

(written vertically on left side of page)
1927 May 3 Hist to Mrs. CW Moffett AWF
1928 May 8. Hist to Mrs. John A. Maxwell M.E.
1937 Oct 28 - Hist to Mrs. L.L. Roberts AWF
Page 21

George W. Cloud
Oct 17 / 80
Page 22

Pension Office
Oct 17, 1850
Sir
     In reply to your letter reflecting the case of James Gardner an applicant for a pension under the Act of 7 June 1832, I have to inform you that  an additional proof has been furnished since my letter to you of the 23 June 1846 and the claim cannot be allowed  until the requirements of that letter are complied with.
     In the case of Lydia Ayres widow of  Eli Ayres I have to state that the (next 4 words crossed out.... proof called for in.....objections to the admission of the claim have not been removed.
George W. Cloud, Esq.
Mount Airy
N.C.
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149
Pension Office
Septem. 5th 1850

Sir
    I have the honor to inform you that your letter of the 29th Oct asking for information as to the present condition of the applications  of James Gardner and William Griffin has been received.
     The enclosed copy of my report of 31st Dec 1844 to Hon. GW Hopkins will furnish you with the objecting that exist to the allowance of the Claim of James Gardner -
     No additional evidence has been received in the case of William Griffin since my letter of the 16 August 1847 to N.C. office of Griffin claimed for service in the Maryland Line under Capt. Isaac Perkins under an enlistment for the War.  Evidence of this service should be found in the said Office at Annapolis.

HOn. Fayette McMullin
House of Rep.
Page 24

379
Pension Office
Nov. 26th 1850

Sir:
   The case of James Gardner has been examined at your request, but there is no evidence to justify its admission.  It is, in fact, totally unsupported by any proof, record in -?-.
The certificate of the Comptroller of N.Y. which has him filed with his papers, describes service not alluded to by him, and is service as to the service he proposes to have performed in that state.  Of that rendered in N. Jersey no kind of testimony has been addressed.

S. Godwin Esq.
Pension
Page 25

Pension Office
Oct 3rd 44

Sir
    The papers in the case of James Gardner claiming a pension under the Act of June 7th 1832 have been examined and filed.  The alleged service of three months in '77 in a part of a nine month's engagement under Captain Lisson is inconsistent with what is known at this Dept. in regard to the usual service and unless a copy of the law under which Captain Lisson can be produced cannot be allowed.  The New York service should be established by the certificate of the Comptroller of New York otherwise it can not be admitted.  The New York service should be established by the certificate of the Comptroller of N. York otherwise is can not be admitted.
 (Next paragraph CROSSED OUT:  "The declaration is -?- with returned that the proceedings before the single magistrate may be submitted and approved by a Court of Record duly organized and acting as such").

George W. Cloud, Esq.
Mt. Airy
N.C.

to right of the above:  35-772 Act June 7th 32
Page 26

Geo. W. Hopkins
Oct 31 '44
Page 27

Pens Off
Dec 31st 44

Sir
      I have the honor to inform you that the certificate of theComptr. of NY showing all the service credited on the rolls of the militia and state troops to the name of James Gardner and Gardner has been examined and filed - 
   The claimant asserts that he served under Capt. McCambly Capt. Tuesdale of Col. Hawthornes rest. of NY militia and the certificate shows the service of one John Gardner in Orange County under Capts. Gardnier and Onderdonk in Col. Hay's rent. and another in Ulster Co. under Capt. Culver of Col. Swingston's regt.  The tour under Capt. White Col. Weisenfeltz of the levies could not from his own showing have been rendered by him - It is. very manifest that he never rendered as much 6 mo. service and is therefore no entitled.

Hon GW Hopkins
H.R.
Page 28

35-772
James Gardner
Va
June 7th 32

(at bottom of page)

399009
Act of 7th June 1832
Page 29

Carroll County Va. 9th June 1844

Dear Sir -
   I herewith enclose to you the Declaration of old Mr. James Gardner for a pension.  It appears that the old Gentleman can not procure witnesses to prove his services in consequence of his remote residence from where he resided when he performed the alleged services as a soldier of the Revolution.
Traditionary evidence I presume is all the testimony in which can be procured, in this section of the country, therefor it is with you to treat the case according to the laws in such cases.  If there is any informality in the proceedings you will please inform me when convenient direct to Mt. Airy N.C.
I am very respectfully yours

George W. Cloud

JL Edwards Esq.
Page 30

In pursuance of a law passed the 27th of April, 1784, entitled ""An act for the settlement of the pay of the Levies and Militia, for their services in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz:
--------------------------------
[table follows with 5 columns:]
[1st column:]
[1] 1st Decr 1781., 19th Oct. 1779., 10th Dec. 1780.,  29th Oct. Do,  14th Nov Do, 17th Oct. 1781.

[2nd column:]
James Gardiner priv, James Gardner Do,  Do    
Do, Do    Do,  Do      Do,  Do      Do

[3rd column:]
$ 9, 1, 3, 1 ---, ---

[4th column:]
4, 6, 11, 1, 19, 14

[5th column:]
10, 8, 1, 4, 6, 2
[end of table]

STATE OF NEW YORK,
COMPTROLLER'S OFFICE, Albany, Decr 16th
1844, }

I hereby certify the above to be true extracts from Book No. 1. 4 & 6. -- now remaining in this
office, and that the service for which the certificates above named were issued, were performed under the following officers, viz:

First-under Capt. Andrew White in Col. Fredk. Weissenfels Regt.
  "  "  
Second  " " John Gardiner.   "  "  A Hawk Hay "

Third "  "  L. Danl Onderdonk. "  "  Do

Fourth   " Capt Henk. Pulver.   "   " Heny. J. Livingston

Fifth   "   "      "    "

Sixth   "  "      "    "

Seventh    "  "      "    "

Eighth   "  "      "    "

Ninth   "  "      "    "

Tenth   "  "      "    "

per 50 [cents?]

Philip Phelps
Dep. Comr.

The name of Capt. Sessions does not appear in the rolls in this office.
Page 31

Washington City
August 18 / 50

Col. Edwards
    I herewith enclose a letter from James Gardner, Jr. a son of James Gardner Sr. who was either an applicant or pensioner under Act 7 June 832, I should be pleased to see the papers in the case, as they are on file in your office.

Respectfully your Obd. St.
S. Godwin
Page 32

Mt. Airy N.C
Sept 12th. Col. J.L. Edwards
Comm. of Pensions
Pension Office
City of Washington D.C.
Page 33

Patrick County Va Sept the 8th 1850

Dear Sir,  after a long lapse of time I address you on the subject of the claim of James Gardner Deceased who died last spring I will inform you that recently there was a letter addressed to the Gardners by a gentleman at your City, I do not recollect his name at this time says in his letter the he has been a clerk in the department for some time and wishes to be employed in Gardner's case and I think that some of thence has written on to him to undertake the case.  Sir you are I suppose aware that I was undertaken of that claim in the first instance and furnished all the evidence that could be procured and then emptied (?) the Missrs.  and at your department and repeated  evidence has been asked for to establish the service and none could be procurred  in all probability there has been some act passed in which the claim will be adjusted  and this Clerk think he will slip into the case and get 1/3 part of the Pension as he writes the he will take the case from -?- the Missrs. Smiths is still doing or attending to cases at the department you will please to show to them this letter as I do not think that it is fair dealing for any other person to take the case from us a after we had been doing business on contingencies and expending time and money for postage and then loads our case by intrigue or truck/treet.....
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(continued from previous page)

...If there is any law recently passes in which stengthening the case for the widow and heirs of Pensioners you will please be so good as to furnish me with a copy of the act and of the Gardner claim is a good case.  Tell the Missrs. Smiths to contend for their case and write to me immediately what is necessary for me to do here in relation to the identity of the widow and children.  
Sir in the case of the heirs of Elijah and Lydia Ayres, deceased, please to say to me something about that claim whether you require the evidence sought for in your letter to me last.
Address me at Mount airy NC''I am your obt. serve.
George W.Cloud

Col. JL Edwards Comm. of Pensions
Pension Office
Page 35

James Gardner Va.

1777 priv. sub. Capt. Lesson Genl. Maxwell 
         Lesson 6 NJ + NY
         "    "   Capt. McCamblys Col. Hawthorne
         "     "   Lt. Josiah Woods

   79 "    "  Col. Seward

    80. "  "  Capt. Tuesdale Lt. Hopkins  NY near
                      line of N. Jersey