Revolutionary War Pension and Bounty Land Warrant Application File S. 13,126, Josiah Gardner, Mass. N.Y.
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SERVICE                         NUMBER
Mass. Gardner, Josiah    S13126
N.Y.
carded
CONTENTS
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20.801
New York
Josiah Gardner Gennessee Co in the State of New York was a private in the Comp commanded by Captain Munger of the Regt. commanded by Col. Woodbridge in the Masstts line for 11 months
Inscribed on the Roll of New York at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 5th day of Oct. 1833 and sent to M. Farnham Attica
Arrears to the 4th of Sep '33 Semi-anl. allowance ending [illegible]
$91.66
   18.33
[underline]
$109.99
[underline]
Revolutionary Claim,
Act June 7, 1832
Recorded by Go C Stiles Clerk, Book C. Vol. 4, Page 38.
[left margin 25]
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Declaration in order to obtain the benefit of the act of Congress passed June 7, 1832
State of New York County of Genesee
On this Sixteenth day of October in the year of our Lord one thousand Eight hundred and personally appeared in open Court before the Judges of the Court of Common pleas in the said County of Genesee now sitting Josiah Gardner a Resident of the Town of Attica in the County of Genesee and State of New York aged Seventy Seven 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 7, 1832-that he entered the service of the United States under the following named officers and served as herein Stated-
That in the fore part of August but on what day he does not know in the year [crossed out] Seventeen hundred and Seventy Six at South Brimfield in the County then of Hampshire in the State of Massachusetts he volunteered for four months to serve in the Militia and then and there joined the Company of militia commanded by Johial Munger Captain, Lieutenant
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Hitchcock and ensign Wright or Dwight of Belcher in said County of Hampshire, he thinks his name was Dwight which company was attached to the Regiment of Militia commanded by Colonel Woodbridge of South Hartley in said County - That he served in said Company and Regiment commanded by the said officers for the term of nearly four months and was discharged on or about the last day of November next following at Ticonderoga in the State of New York and received a written discharge from General Gates which was soon thereafter lost or destroyed That he volunteered and served as aforesaid as a private soldier - That he has no recollection of signing any enlistment- That immediately after he joined said Company  he and said Company  under the said officers marched directly to Ticonderoga aforesaid through North B[illegible]field, Palmer, Bel[illegible]  Hadley and crossed the Connecticut River at Hadley in to Southampton Chesterfield, Williston Bennington. Shaftsbury and the other Towns he has forgotten. That in about ten days he arrival at Ticonderoga aforesaid from the time he started - That when he and said Company arrived at Ticonderoga aforesaid the said Company joined said Regiment. That he served as aforesaid in said Company and Reg
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shore under the protection of the American Cannon at the fort and destroyed all the boats or shipping of the Americans but two he thinks.  That he understood that General Arnold was on the Lake Champlain when the British made the attack and the vessel he was in was very near the shore and destroyed by Arnolds orders before the British arrival to it.  That his duty while stationed at Ticonderoga aforesaid was on fatigue and guard.  That he was sick and in consequence of such sickness he was discharged a week or fortnight before his time was out that he drew pay for five months and has no doubt but that he was gone from home four months and would have been gone more than four months had he not been discharged before his time was out.  That he was sick and not able to do any labour diring the winter following.  That the officers
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of said Regiment was the said Colonel Woodbridge.  That he has forgotten the names of the Lieutenant Colonel and Major of said regiment.  The officers of said Comany were the said Major Hitchcock Wright or Dwight Jackson was a Sergeant of said Company.  Captain Flowers he thinks commanded a Company in said Regiment which he served as aforesaid and while he so served there General Gates was the Commander in Chief at Ticonderoga who was there about all the time.  That he does not know whether there were any (regiments?) or not but the Jersey Blues were stationed there at the time but does not know how many nor who were their officers.  That he does not recollect any more officers than he has mentioned.  Has forgotten the Militia and Regulat Companies that were there.  That he resided at South Brinfield aforesaid when he entered the service as aforesaid.
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That in the fore part of May but onwhat say he does not know in the Seventeen hundred and Seventy Seven he enlisted as a private soldier at South Briarfield aforesaid into the Company commanded by Captain Caleb Keep for the term of eight months the he marched immediately after he so enlisted to Peekskill on the east side of the Hudson River in the State of New York where he joined the said Captain Keep's Company which belonged to the Regiment commanded by Colonel William Sheperd.  That in going to Peekskill aforesaid he marched through Windsor Wilbraham Springfield Westfield, Barrington to Cloverick (?) on the Hudson River and there took shipping and went to Peekskill and arrived there some time in the month of May.  The said regiment was the fourth Massachusetts Regiment and belonged to the Brigade commanded by General Glover.  That he served in said Company Regiment and Brigade for the term of eight months for which he enlisted as afresaid under the said officers and was discharged on the tenth day of January in the year Seventeen hundred and Seventy Eight at Valley Forge in the State of Pennsylvania; but whether he received
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a written discharge or not he does not know but thinks he did not.  That he was stationed at Peekskill aforesaid he thinks till some time in the month of July 1777 and there the said Brigade he  was with then took shipping and landed at Albany.  The said Brigade was composed of four regiments, the said Regiment to which he belonged and three others.  From Albany the said Brigade and his with them marched to Saratoga and there met the Americans concentrating before General Burgoyne and his army and he thinks the said American army was commanded by General Schuyler.  They all three retreated back to VanSeayk's Island and encamped there five or six weeks.  And while the army was onsaid Island General Gates arrived there and took the command.  That the American Army went from said Island to a place (?) above Stillwater he thinks called Bemas's heights and there the American Army fixed their lines entrenched and made Breastworks.  That Burgoyne's Army lay only a fourth of a mile from the American Army.  That here the said Gardner here underwent a great deal of hardship and fatigue.  That the American Army and he with them lay there till the nineteenth of September 1777 on which day the American and British
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Armies had a general engagement.  That he was stationed about three fourths of a mile from the Battle as a reserve, that none of his said was called into the battle, that in the evening of the day the British retreated to Saratoga, that he with the American Army followed Burgoyne's Army, that on the seventh day of October another engagement took place between the said armies,  that he was not in the heat of the Battle but the said Regiment had a skirmish with a large Hessians guard and he then said Gardner saw Sergeant Whitney shot through the body by the Hessians.  That he was engaged in some skirmishing and helped carry off the wounded.  That he saw Colonel Morgan and his Rifle Regiment.  That he saw Generals Gates, Arnold and all the officers and army during the said Battle and about that time, but he does not know their names.  Soon after Burgoyne surrendered with his army he and the said company regiment and Brigade marched to Albany and from there to Overslaur(?) below Albany and there stayed five days and there crossed onto the east side of the Hudson River and from there marched down on the east side of the river to Kingsferry a little below Peekskill afresaid and there crossed onto the west side
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of the Hudson River and from there marched to the State of New Jersey and there marched in the State of New Jersey to Burlington that there was none but the said Brigade in this march as he ever knew.  That the said Brigade and he with them crossed the Delaware River at Burlington and from there they marched to White Marsh in Pennsylvania and there joined General Washington's Army.  That at this time the British had possession of Philadelphia, that the army remained at Whitemarsh about two weeks and then crossed the Schuylkill River and marched to Valley Forge aforesaid and there they built winter huts for the army that he helped build said huts and staid there with the said Brigade till the tenth day of January in the year 1778 at which time and on which day he was discharged at Valley Forge aforesaid having served his said Eight months for which time he enlisted as aforesaid; but received no written discharge.  That all of Washington's Army lay at Valley Forge while he was there, That he immediately started for home after he was discharged and arrived home in South Brimfield aforesaid on or about the twenty fourth day of January 1778.  That he resided at South Brimfield aforesaid when he so enlisted as last aforesaid; that he served for the said term of eight months last aforesaid as a private soldier.
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He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the (?) of any State.
                                   Josiah Gardner
                                        his mark
Sworn to and Subscribed this day and year aforesaid in open court
                                    Timothy Fitch, Clerk

We Landon Hood a clergyman residing in the Town of Attica in the said county of Genesee and Peleg Peck residing in the said Town of Attica hereby certify that we are well acquainted with Josiah Gardner who has subscribed and sworn to the above declaration:  That we believe him to be seventy seven 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.
                                   Landon Wood
                                    Peleg Peck

Sworn and subscribed this day and year aforesaid in open court
                                 Timothy Fitch, Clerk

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogations prescribed by the War Department
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That he was born in the Town of Banfield in the County of Hampshire in the State of Massachusetts  in the year 1755

That he has no card of his age.

That since the Revolutionary War he has lived in said Town of Briarfield till within twenty years since when he removed to Attica Genesee County where he retired and when he has lived for about 21 years.

That the names of persons to whom he is known in his present neighborhood and who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution are Landon Hood of Attica aforesaid clergyman and Peleg Peck of Treadlebury in Genesee County State of New York
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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 Landon Hood who has signed the preseding certificate is a clergyman resident in the Town of Attica in the said County of Genesee and that Peleg Peck who has also signed the same is a resident in the said Town of Attica and is a credible person and that their statement is entitled to credit.
Isaac Wilson
William Mitchell
Robert Earll Jr

I Timothy Fitch Clerk of the Court of Common Pleas in and for the County of Genesee do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Josiah Gardner for a pension.

In testimony whereof I have hereunto set my hand and seal of my office this sixteenth day of October in the year 1832.
Timothy Fitch Clerk
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 I do hereby certify that I am well acquainted with the following named John Hubbard who has subscribed and sworn to the next following affidavit hereunto annexed before me and that he is a credible person and and reputable for truth and veracity - Dated June 12, 1833 

[signature] Harry Putnam
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Josiah Gardner
Heir of [illegible]
Amos W. Muzzy
Power of Attorney
War 1776
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State of New York
County of Wyoming

Be it known that this 4th day of February 1857 before me the under signed a Justice of the Peace in our County & State aforesaid, personally appeared Roswell Gardner, a resident of Attica in said County and made oath according to law, that he is a child and heir of Josiah Gardner, who was a private in the war of the Revolution, and who received a pension under the Act of June 7,1852- That he is directly interested or a claimant in the arrears of pension, and increase of pension that [illegible] be due, and makes this affidavit to be filed with such additional evidence or arguments as any Agent may use in prosecuting said claim. And I hereby constitute and appoint Amos W Muzzy of Panama my true & lawful [illegible] to prosecute the claim of Josiah Gardner to any amount of Revolutionary pension or increase of pension that may be due, and I hereby authorize my said Attorney to examine all papers or documents relating to said claim on file at the Department at Washington or elsewhere to file additional evidence or arguments, to appoint one or more substitutes under him for the purpose herein [illegible] and to do all things that I might or could do, [illegible] I personally present [illegible] satisfying and continuing all that my said Attorney and Agent shall lawfully do in the [illegible].
                           Roswell Gardner [signature]
Subscribed sworn to and acknowledged before me, the day and year above written.  And I hereby Certify that I believe the said Roswell Gardner to be directly interested in said claim as set forth, and to be the identical party therein alleged.
                         R.H. Farnham, Justice of the 
                         Peace [signature]
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18037

Josiah Gardner

Adm


e.i.j.

11

[illegible]

M. Farnham

Attica
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WAR DEPARTMENT,
Pension Office.
183

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 subjoined 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. Those 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 Josiah Gardner County of Genesee New York

[Following is a table with the following column headings:  Period when the service was rendered |  Duration of the claimant's service.  Years.  Months.  Days. | 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. |

August 1776 | about 4 months | pri | Capt Munger, Lt Hitchcock | Col Woodbridge | None [crossed out] | Ticonderoga | South   Massachusetts aged 77 years | Traditionary |

Enlisted May 1777 | 8 months | pri | Cap Keep | Col Shepherd | a skirmish at Bernas hights | Spimsfield [?] Banington Benington | [illegible] Traditionary |

I am respectfully, Your obedient servant, 
J. L. Edwards, Commissioner of Pensions.
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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 County of }ss
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 provion 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 enered 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.
[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 the Court of
do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application 
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 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 state so 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
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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?
6. To an Officer. Did you ever receive a commission, and it 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 he 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 traditionary 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 perforın, 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 days, I served as a For-months and days, I served as a-months, and -; 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. 
The notes from (a) to (i) 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.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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February 14, 1940
[handwritten on]
BA-J/ NOS
Josiah Gardner, S. 13126
Caleb Gardner, S.32710

Mrs. John Kellenberger [handwritten arrow pointing to Josiah Gardner]
McConnell Road
Greensboro, North Carolina

Dear Madam:
Reference is made to your request for the records of Revolutionary war soldiers, Josiah and Caleb Gardner, who served from Massachusetts.

The data which follow were taken from papers on file in the pension claim, S.13126, based on the military service of Josiah Gardner.

Josiah Gardner was born in 1755 at Brimfield, Massachusetts.  The names of his parents are not shown.

While a resident of South Brimfield, Hampshire County, Massachusetts, Josiah Gardner enlisted in August, 1776, and served four month as private in Captain Jehiel Vungen's company in Colonel Woodbridge's Massachusetts regiment.  He enlisted in May, 1777, served as private in Captain Caleb Keep's company in Colonel William Shepherd's Massachusetts regiment, during the second battle fo Stillwater, Josiah Gardner was engaged in some skirmishing and aided in carrying off the wounded and he was discharged January 10, 1778, having served eight months.

He lived in Brimfield, Massachusetts, until 1811 or 1812 when he moved to Attica, Genesse County, New York.

He was allowed pension on his application executed October 16, 1832, at which time he was living in Attica, New York.

Josiah Gardner died June 28, 1843.

His son, Roswell Garner, was living in Attica, New York, in 1867.  There are no further data relative to the family of Josiah Gardner.
Page 22

If you wish to obtain the date of last payment of pension of Josiah Gardner and the name and address of the person to whom it was paid, it is suggested that you address the Comptroller General, Records Division, General Accounting Office, Washington, D.C., giving the following data:

Josiah Gardner, Certificate 20801, issued October 5, 1833, rate $36.66 per annum, commenced March 4, 1831, Act of June 7, 1832, New York Agency
**********************************************

Caleb Gardner, S. 32710
The data which follow were taken from papers on file in the pension claim, D.32710, based on the military services of Caleb Gardner.  The date and place of birth of Caleb Gardner and the names of his parents are not shown.

Caleb Gardner enlisted in the summer of 1775, place not given, and serEed three months as private in Captain Eleaser Hamlin's company in Colonel John Bailey's Massachusetts regiment.  He enlisted in December, 1775, or in January, 1776, and served one year as private in Captain Jacob Allen's company in Colonel John Bailey's Massachusetts regiment.

Caleb Gardner was allowed pension on his application executed April 4, 1818, at which time he was living in Abington, Plymouth County, Massachusetts.

He was living in Abington in 1830 and then stated that he was sixty eight years of age and that his wife (name not given) was fifty six years of age.  There are no further data relative to family.

If you wish to obtain the date of last payment of pension of Caleb Gardner, the name and address of person paid and possible date of soldier's death, it is suggested that you address the Comptroller General, Records
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Division, General Accounting Office, Washington, D.C., giving the following data:

Caleb Gardner, Certificate 5577, issued January 20, 1819, rate $8 per month, commenced April 4, 1818, Act of March 18, 
1818, Massachusetts Agency.
Very truly yours,
A. D. Niller
Executive Assistant to the Administrator
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State of Newyork}         
County of Genesee} ss.  
John Hubbard of the Town of Attica in the said County and State being duly Sworn deposeth and saith that he is well acquainted with Josiah Gardner who resides in the said Town of Attica and knows him to be the same Josiah Gardner named and mentioned in the declaration for a pension hereunto annexed - That he this deponent served in the Revoutionary war as a soldier for the term of three years in the company Commanded by Caleb Keep which belonged to Colonel William Shepherds Regiment which was the fourth Massachusetts Regiment attached to the Brigade Commanded by General Glover  That at Peekskill in the State of Newyork he and the said company were Stationed about two months from some time in the month of May in the year Seventeen hundred and Seventy 
seven till into the Month of July next following -  that the said Company marched from there to Saratoga - and retreated from there to Van Scoyks Island and from there the then said Company and Regiment went to Still water to meet General Burgoin[Burgoyne]  - That
Page 25

that he was in the battles at the taking of General Burgoin [Burgoyne] and his army on the nineteenth of September and seventh of October at which times he was detached from said Company and to Colonel Moyars Regiment - And after the taking of Burgoin ]Burgoyne] he this Deponent with the said Regiment marched to Albany and from there to Overstow[?} at which place he joined the said Captain Keeps Company and there marched to Valley Forge in the State of 
Pennsylvania - And further this Deponent saith that in the fore part of May in the said year Seventeen hundred and seventy seven the said Josiah Gardner joined the said Captain Keeps Company and served in said Company as a Private Soldier till into the month of January next following which was in the year 1778 - That he saw the said Gardner in said company frequently and daily except when this Deponent was detached into said Colonel Moyars Regiment for about two months as aforesaid; that he saw the said Gardner when he joined said Company and Regiment at Peekskill aforesaid in the fore part of May 1777
That he this Deponent was detached in to said Colonel Moyars  Regiment the first of September 1777 and was in said Regiment till the first of November at which time he joined said
Page 26

Josiah Gardiners
Pension Papers
18037
Page 27

Captain Keeps Company at Overston [?] aforesaid that the said Gardner was in said Company then [illegible] continued to serve in said Company till sometime in the Month of January 1778 at which time he was discharged at Valley Forge aforesaid - And further this Deponent saith that in his opinion and from the best of his recollection the said Josiah Gardner Served in said Company and Regiment Eight months - That he supposed the said Gardner at the time he joined said Company was a new months [illegible] but does not know - And further this Deponent saith that he knows that the said Josiah Gardner who served as aforesaid in the said Captain Keeps Company is the same identical Josiah Gardner described named and mentioned in the declaration for a pension hereunto annexed - That the said Gardner is a man of truth and veracity and has no doubt but that his Statement as to his Revolutionary Services as a soldier are true - That the officers of said Captan Keeps Company ever were the said Captain Keep, John Wright first Lieutenant, Abel Cooley 2d Lieutenant, Jeremiah Jackson Ensign, Hakanah Foster Abner Blodgett. George Black, Cyprian Wright Sergeants - Nathaniel Rogers David Goff
Page 28

and Oren Davis Corporals, John Jackson drummer and Joseph Riddle fifer - Ebenezer Street was Lieutenant Colonel, Warham Park Major, Seth Bannister adjutant - Edward Walter
pay master of said Colonel Shepherds Regiment to which the said Company commanded by said Captain Keep in which the said Josiah Gardner and this Deponent served as aforesaid belonged - That the said Josiah Gardner served as aforesaid as a private soldier and further this Deponent saith not
                                       John Hubbard 3th

Sworn to and subscribed to this 30th day of August 1832 before me Harvey Putnam Justice Peace 
State of New york}   
Genesee County  }     I Timothy Fitch Clerk of the said County of Genesee do hereby certify that Harvey Putnam before whom the above affidavit of John Hubbard purporst to have been taken was on the day of taking the [illegible] a Justice of the Peace in and for the said County of Genesee and that full faith and credit are to be given to his [illegible] that capacity, and further that I am well acquainted with the hand writing of the said Justice and verily declare that the signature of the said Justice subscribed to [illegible] affadavit is his genuine signature - 
In testimony whereof I have hereunto set my name and seal of office this 22d day of October 1832   Timothy Fitch  Clerk

[written vertically along lower left side "Josiah Gardner Pension Papers 18037  v"]
Page 29

Josiah Gardner Pension Papers
on rolls 28 may to 10 Jany 78
7 mo. 13 ds.
Metika  3.17
_____________
            11-0

AOmd  11 mo. ssei [or pei?]
_______________
            $36.66
Direct Certificate to Wooton Farnham 
Attica Genesee County- New york
Page 30

State of New york}
Genesee county   } ss - On this fourth day of June in the year 1833 personally appeared before me the undersigned Frederick C. Farnham a Justice of the peace in and for said County Josiah Gardner of the Town of Attica in said county who being duly sworn deposeth and saith the he is the very same identical Josiah Gardner who has subscribed and sworn to the declaration for a pension hereunto annexed - And further he the said Josiah Gardner deposeth and saith that in the fore part of August in the year 1776 he enlisted for the term of four months and that he served the full term of four months in Captain Mungers company in Colonel Woodbridges Regiment as he has stated in his first term of service in said declaration - That he did not state in said declaration he served about four months but stated he served nearly four months and that he drew pay for four months and was credited four months service although [illegible] discharged a few days before the expiration of said term in consequence of sickness and was discharged the last of November following - That he unhesitatingly served the full term of four months in the field as a private -
Page 31

That in the fore part of May he enlisted for the term of Eight months 1777 and served the full term of Eight months as a private in the field in Captain Keeps Company in Colonel Shepherds Regiment as he has stated in his last term of service in said declaration  That he served during all of said terms with an [illegible] Corps called into service by Competent authority - and for the terms during which the said service was performed he was not employed in any [illegible]  - That he served in the whole during said terms as a private in the Revolutionary War for the full term of One year and for which service he claims a pension - And further saith not -   Josiah X  Gardner  his mark

Sworn to and subscribed this fourth day of June 1844 before me Frederick C. Farnam  Justice Peace

I certify that I am well acquainted with the above maned Josiah Gardner and that he does not now nor care to write his name but made the above mark in my presence
Frederick C. Farnam  J. P--
Page 32

State of Newyork}
County of Genesee} SS
John Hubbard of the Town of Attica in said County and State being duly sworn deposeth and saith that he is well acquainted with Josiah Gardner who resides in said Town of Attica and knows him to be the same Josiah Gardner named and mentioned in the declaration for a pension hereunto annexed - That he this Deponent served in the Revolutionary War as a soldier for the term of three years in the Company Commanded by Captain Caleb Keep which belonged to Colonel William Shephards Regiment which was the fourth Massachusetts  Regiment attached to the Brigade Commanded by General Glover - That at Peekskill in the Stare of Newyork he and the said Company were stationed about two months [illegible] some time in the month of May in the year seventeen hundred and seventy seven till into the month of July next following - that the said Company marched from there to Saratoga - and returned from there to Van Scoyks Island and from there the said Company and Regiment went to Still water to meet General Burgoin [Burgoyne] that he was in the battle at the taking of General Burgone [Burgoyne] and his army an the nineteenth of September and Seventh of October at which times he was detached from said Company into Colonel [illegible] Regiment - And after the taking of Burgone [Burgoyne] he this Deponent with the said Regiment marched to Albany and from there to [illegible] at which place he joined the said Captain Keeps Company and from there marched to Vally Forge in the State Pennsylvania - And further this Deponent saith that in the fore part of May in the said year seventeen hundred and seventy seven
Page 33

the Said Josiah Gardner Joined the Said Captain Keeps Company and served in said Company as a private Solder till into the seventh of January next following which was in the year 1776 - That he saw the Said Gardner in Said Company frequently and daily except when this Deponent was detached into Said Colonel [illegible] Regiment for about two months as aforsaid that he said the said Gardner when he Joined Said Company and Regiment at Peekskills aforesaid in the four part May 1777 - That he this Deponent was detached into Said Colour Majors Regiment the first September 1777, and was in said Regiment till the first of November at which time he joined Lieut Colonel Keeps Company at [illegible] aforesaid that the said Gardner was in said Company there and continued to Serve in Said Company till some time in the month of January 1778 at which time he was discharged at Valley Forge aforesaid - And further this Deponent saith that in his opinion an from the best of his recollection the Said Josiah Gardner Served in Said Company and Regiment Eight months - That he supposed the Said Gardner at the time he joined Said Company was a nine month man but does not know  And further this Deponent saith that he knows that the Said Josiah Gardner who served as aforesaid in the Said Captain Keeps Company is the Same indentical Josiah Gardner who Served described named and mentioned in the declaration for a pension hereunto annexed - that the Said Gardner is a man of truth & veracity and has not doubt but that his statement as to his Revotionary Services as a Solder are true That the Officers of Said Captain Keeps
Page 34

Company were the said Captain Keep John Wright first Lieutenant, Abel Cooley 2d Lieutenant Jeremiah Jackson Ensign Hahanah Tast[illegible] Abner Blodgett, George Black- Cyprian Wright Sergeants - Nathaniel Rayns David Goff and Ane Daiis  Corporals John Jackson A[illegible] and Joseph Riddle fifers - Ebenezer Sprout [illegible] Lieutenant Colonel,  Warham Park Majors Seth Banister adjutant - Edward Walki[illegible] - Paymarster of Said Colonel Shephard Regiment to which the said Company commanded by Said Captain Keep in which the said Josiah Gardner and this deponent served as aforesaid belonged - That the Said Josiah Gardner served as aforesaid as a privite Soldier - And further this Deponent Saith not     John Hubbard

Sworn to and subscribed this Eighth day of June 1833 before me
Frederick C. Farnam
Justice Pearce

I do hereby certify that I am well acquainted with the above named John Hubbard who has subscribed and sworn to the above affidavit before me and that he is a credible person and [illegible] for truth and veracity and strict integrity
Dated Jan 8 1833
Frederick C Furman  Justice of the Peace
Page 35

[Note: a portion of the left side of this document is obscured by an object being placed on top of the handwriting.]

State of New York
________ County ss
I, Timothy Fitch, Clerk of said county [text obscured by object and partially crossed out] certify that Frederick C Farnam, before whom the foregoing affidavits purport to have been taken and made [illegible] at this date of taking the same a Justice of the Peace in and for said county and that I am well acquainted with the handwriting of said Justice and verily believe his name subscribed to said affidavits to be genuine--

In testimony whereof I have hereunto set my name and seal of office this thirteenth day of June 1833--  
Timothy Fitch Clerk
By B Pringle Dep Clk
Page 36

Rev.[illegible] Wars Section
family

                           June 28, 1928
Mrs. J.L. Craig,
821 West 18th Street,
Sioux Falls, South Dakota.

Madam:

I advise you that from the papers in the Revolutionary War pension claim, S.13138[?], it appears that Josiah Gardner was born in 1755 at Brimfield, Massachusetts.

While a resident of South Brimfield, Hampshire County, Massachusetts, he enlisted in August 1776 and served four months as a private in Captain Jehiel Mungers Company, Colonel Woodbridge's Massachusetts Regiment.

He enlisted in May 1777 and served eight months as a private in Captain Caleb Keep's Company, Colonel William Shepherd's Massachusetts Regiment, and was in both battles [handwritten: second battle] of Stillwater.  Jan. 10. 1Dis. 1778 having served 8 mos

He was allowed [smeared ink] pension on his application executed October 18, 1832 [?], while a resident of Attica, Genesee County, New York.

He died June 28, 1843.

In 1857 Roswell Garner, his son, was a resident of Attica, New York.  There are no other data on file as to his
Page 37

COPIED BY ADY

family.

It is not stated that he served in the War of 1812.

Due to the very large number of inquiries similar to yours and the lack of a clerical force available for the purpose, only two histories are furnished each person.
Respectfully, 
Winfield Scott, Commissioner.

[Handwritten below:  "She asked on another slip which was returned, for 10 others"]
Page 38

REVOLUTIONARY WAR RECORDS SECTION  3-525
DEPARTMENT OF THE INTERIOR, 
BUREAU OF PENSIONS, 
Washington, D. C.   _____________, 19____

S.F.13126  In reply to your request of ______, received ________ for a statement of the military history of Josiah Gardner a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.

[The following information is in the form of a table with the following column headings:  "DATES OF ENLISTMENT OR APPOINTMENT.;  LENGTH OF SERVICE.; RANK.; OFFICERS UNDER WHOM SERVICE WAS RENDERED. CAPTAIN, COLONEL.; STATE."

Aug. 1776; 4 mos.; Pvt.; Jehiel Munger; ______ Woodbridge; Mass.;

May 1777; 8 mos.; Caleb Keep; William Shipherd; Morgan[crossed out. [end of table]

Battles engaged in, both battles of Stillwater.
Residence of soldier at enlistment, South Brimfield, Hampshire Co. Mass.
Date of application for pension, Oct. 16, 1832,  His claim was at
Residence at date of application, Attica, Genesee Co. N. Y.
Age at date of application, born in 1755 at Brimfield, Mass.  died June 28, 1843
Remarks:  In 1857 Roswell Gardner his son was a resident of Attica N.Y.  There is no other data on file as to his family

Respectfully, 
Commissioner.
Page 39

[Round stamp "Received Jan 31 1940 Mail Sub-Div Reader No. 15 Vets Adm]

Mrs. John A. Kellenberger
McConnell Road
Greensboro, N. C.
January 29, 1940

Veterans Administration
Washington, D.C.
Gentlemen:
Please send me whatever data you have relating to one Josiah Gardner who served in the Revolutionary War as a private in Keep's Co. 4th Massachusetts; Reg. commanded by Col. Wm. Shepard.  He enlisted May 28, 1777 & was discharged Jan. 10, 1778.

He was born in Brimfield, Mass. 1755 & died in Attica, N.Y. in 1843.  Received a pension in 1831 Genesee Co. N.Y.

I also wish data concerning one Caleb Gardner private in Capt. Jacob Allen's Co., 23rd Reg. Continental Troops.  This regiment, I understand, was raised in Massachusetts & served during the year 1776.  
Very truly yours,
May Gardon L. Kellenberger
(Mrs. John A.)
Page 40

[Oval stamp Dept of [illegible] Feb 3 1928 
remainder illegible]

National Society United States Daughters of 1812
National Headquarters, Office of the President National 
MRS. SAMUEL E. SHOPE, 108 Iowa Avenue, [illegible] Pennsylvania
HONORARY PRESIDENTS NATIONAL
MRS. ROBERT HALL WILES Illinois
MRS. CLARENCE F. N. JENNE  Connecticut
MRS. SAMUEL PRESTON DAVIS [illegible]
NATIONAL OFFICERS, JUNE 1, 1927
[There follows a list of Officers which is illegible]

821 W 18 St.
Sioux Falls, S Dak
Jan 31, 1928

Dept Interior
Washington DC
Dear sirs - Please send records of the enclosed as they are wanted for membership in several patriotic organizations by members of South Dakota United States Daughters of 1812
Sincerely
Mrs J L Craig Vice Pres
South Dakota Society W. S. of 1812
821 W 18 St Sioux Falls S. D
Page 41

Josiah Gardner (1755-1843) placed on pension roll of Gennesse Co. N. Y. 1831 for service as private in Mass. militia. Born at South Brimfield, Mass. Died at Attica N.Y.

Please give his 1812 service if any also any other records of his.

Signed
[signature] Mr J. L. Craig Vice - Pres
S. Dak. United States D of 1812.
Sioux Falls, S. D.

[stamp]
OFFICE OF THE CHIEF CLERK FEB 3 1928 BUREAU OF PENSIONS

BE BRIEF
Page 42

E. T. MONTGOMERY                            Rev Ser
SUCCESSORS TO WARSAW LUMBER CO.
PINE AND HEMLOCK LUMBER
SASH DOORS, BLINDS, SHINGLES
OFFICE, YARD AND SHEDS, SOUTH MAIN STREET

WARSAW, N. Y. Dec. 8th 1919. 191

Commissioner of Pensions, Washington, D. C.

Dear Sir:

Will you very kindly give me the records of your office, as to payment of pension to Revolutionary Soldier, from Mass by the name Josiah Gardner, and oblige

[signature] E. T. Montgomery

E.T.M./S.

[stamp]
U. S. PENSION OFFICE.
DEC 9 1919
Page 43

E. Aqueduct Ave., University Heights,
New York City, July 8th 1903

Will you please give me the service of Major Josiah Gardner born in Brimfield, Mass. Oct. 25th 1755 died Attica N.Y. Jan 29th 1843.  He served in the Revolution.  I am the daughter of Hiram Lewis Gardner, son of Parley Gardner, said Parley was the son of Josiah whose service I ask for.  I do not know the Company etc. and have looked in all the books to be found in the Genealogical Library here but could find nothing about him.
Very Respectfully                   Stamp of Pension
Mrs J. S. Clarke                       Office Jul 9 1903
Page 44

Rev War
13126
INVALID

No. 13,126
Josiah Gardner
Pri Rev War

Jun 7th 32
Vol. 1 Page 138

July 14, 1903 - Hist to Mrs. J. S. Clark NY C5

18 Dec 22 Hist to E. J Montgomery
June 26 Hist to Mrs. J L [illegible]
Feb 14 Hist to Mrs. J. A. Kellenberger