Revolutionary War Pension and Bounty Land Warrant Application File S. 6875, Elias Gardner, N.C.
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(3-1776)


Service                                Number
N.C.         Gardner, Elias         S.6875
Born in N.C.                    Carded
Contents
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12.300
North Carolina
Elias Gardner
of Richmond in the State of N.Car
who was a [ineligible] in the compy commanded 
by Captain Hunter of the Regim commanded
by Col.Wade in the NC
[ineligible] for 12 months
Inscribed on the Roll of N.Carolina
at the rate of 42 Dollars 50 Cents per annum
to commence on the 4th day of March,1831.
Certificate of Pension ifsued the 18th day of Apr 33
and [ineligible] M.D Crawford
|clk| Rockingham N.Car
Arrears to the 4th of March 1833     85.00
Semi-anl. allowance ending 4 Sept. --   21.25
$106.25
Revolutionary Claim,
Act June 7, 1832.
Recorded by Nathaniel Rice      Clerk
Book E  Vol. 6  Page 41.
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3675 Declaration of 
Elias Gardner 
For Pension 
July Term 1832
Richmond Co Court 
A Copy
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State of No Carolina
Richmond County 
Court of Pleas & Quarter Sessions 
July Term 1832

On this the 18th day of July 1832 Personally appeared before the Worshipful Justice of the Court of Pleas & Quarter Sessions Elias Gardner a resident of the County and State aforesaid aged sixty nine 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 Provisions of the act made by Congress passed June the 7th 1832-

That Some time in the latter part of the year 1779, he thinks he was drafted to serve in an expedition in Aid of South Carolina; that he was persuaded by his Grandmother to hire a substitute, which he did and has now in his possession the discharge of said Substitute, Norman Martin, under the hand of John Donaldson Lieu. Col of Richmond Militia dated the 15th of March 1780

That afterwards he served three months under Col [Thomas] Wade, Hunter Capt, a discharge from whom he now has and exhibits bearing date the 4th of July 1781.

That strait way he volunteered under Liut [Lieutenant] Col. Thomas Crawford , in Capt. [John] Speed's company, and served under him untill the fight at Bettys Bridge [Beatties' Bridge, North Carolina][actually Battle of McPhauls Mill, North Carolina] in which he was engaged, which took place about the first of September 1781. 

that about the month after being still engaged in the Service pf the United States, he was from exposure fatigue & taken sick, sent home and continued very sick until and after the War broke up

He hereby relinquishes every claim whatever to a Pension or Annuity except the Present and he declares that his name is not on the Pension Roll of any agency in any state- 
Sworn to and subscribed the day & year aforesaid -
Elias Gardner 
Test etc. M. D. Crawford  Clk
Page 5

and the said Court after putting divers [diverse] Interrogatories to the Said Elias Gardner do hereby declare it to be their opinion that he was a soldier of the revolution that his appearance would justify the belief that his age as set fourth in the declaration is true and Correct.

And that from his known character they have every confidence in his statement.   They also state that Martin P. Crawford whose certificate is appended is a minister of the Gospel of Established reputation

State of No Carolina
Richmond County
July Term 1832

John Clemmons personally appeared in open Court and being duly sworn deposeth and saith that he was well acquainted with Elias Gardner whose declaration is set forth above during the Revolution. that he served with said Gardner in tour of three months under Capt. [William] Hunter, ([Thomas] Wade Col Comd [Commander]) does not distinctly recollect seeing the said Gardner at Bettys Bridge [Bettis's Bridge, North Carolina] but fully believes that he was there and saw him frequently in Service after their service under Capt. [William] Hunter aforesaid untill the termination of the War.
Sworn to & subscribed 
Test M P Crawford
John Clemmons [his mark] X

North Carolina
Richmond County
July Term 1832
Walter Leak came into Court and made oath that he believes he has seen Elias Gardner during the Revolution and from various circumstances detailed by sd [said] Gardner. he has not the least doubt but he was in both Battles fought at Betty' Bridge [known as Battle of McPhaul's Mill, NC] and knows that the said Elias Gardner was a true and constant Whig- Sworn to & subscribed in open Court 

Test M.P. Crawford Clk
Walter Leak  71 years old
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State of No Carolina
Richmond County

I Martin P. Crawford A clergyman residing near Rockingham and in the County of Richmond [North Carolina] Certify that I am acquainted with Elias Gardner who has subscribed and sworn to the foregoing declaration that I believe him to be about sixty nine years of age  that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and I concur in that opinion
M. D. Crawford

State of No Carolina 
Richmond County
I Martin P Crawford Clerk of the Court of Pleas and Quarter Sessions for the County of Richmond do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elias Gardner for a pension 
In testimony whereof I have hereunto set my hand and seal of office this 2nd day of August 1832-
M.P. Crawford Clk
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Elias Gardner
Declaration for 
Pension January 
Sessions 1833-
Richmond C" [County, NC] Court 
a Copy
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State of No Carolina
Richmond County
Court of Pleas & Quarters Sessions 
January Term 1833

On this day the 25th of January 1833 personally 
appeared in the Court before the Worshipful Court of Pleas and Quarter Sessions now sitting, Elias Gardner resident of the County of Richmond & State of No Carolina aged sixty nine years who having first duly Sworn according to Law, doth on oath make the following declaration in order to obtain the benefit of the Provisions made by the act of Congress passed the 7th of June -1832,-

That he in the first start of the revolution was drafted Sometime in 1779 that he hired a substitute one Norman Martin, and has now in his 
possession the discharge of his substitute which he sends on as Corrabatory [corroboratory] evidence of the truth of his declaration, that he served under Col Wade [Thomas Wade] as a volunteer for the span of three months, which was the first of his going, that he has Col. [Thomas] Wades discharge - which he now exhibits dated the 4th of February 1781, which set forth a Service of three months, 

that directly afterwards he volunteered for nine months under Capt Speeds [John Speed] & Col Wade [Thomas Wade] that he served untill one month, he thinks, after the Battle of Betty's Bridge  [Betti's Bridge, North Carolina]  [Battle took place  at McPhaul's Mill, North Carolina] which was in the fall of 1781,

that he was in two Battles at that place one of them took place the 4th day of August and the other that day of September, [9/1/1781]  both engagement was on Saturday, that the Americans were whipped in the last Battle, but not in the first.

The Tories were commanded at Betty's Bridge [Betti's Bridge, NC]  by Col. [David] Fanning
Col. [Hector] McNeil  & Col [John] Elrod, that about one month afterwards he was stationed under Capt [John] Speed at Haley's Ferry on Pedee [Pee Dee, North Carolina] when in consequence of exposure he was taken sick and remained at home sick untill the War broke up

that he knows that he served for the space of twelve months, and thinks more but is willing to place his period of Service at Twelve months

he hereby relinquishes all claims whatever to a Pension or annuity except the present and he declares that his name is not on the Pension Roll of any Agency in any State in any or any where else-
Sworn to & subscribed the 25th day of January 1833

Test  etc. D. Crawford Clk
Elias Gardner
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We, M.P. Crawford a Clergyman residing in the county of Richmond & state of No Carolina and Thomas Dockery residing in the same place hereby certify that we are well acquainted with Elias Gardner who has subscribed and sworn to the above declaration that we believe him to be of the age of Sixty nine years 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 to & Subscribed the day & year before written- M.P. Crawford Thomas Dockery

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 Certify that it appears to them that M.P. Crawford who has signed the preceding Certificate is a clergyman resident in the same County and that Thomas Dockery who has also signed the same is a credible person & that their Statements  are entitled to Credit-
John McAlister - J.P.
R R Thomas - J.P.
H. Graham- J.P.

I Martin P Crawford  Clerk of the court of Pleas & Quarter Sessions for the County of Richmond, [NC] do hereby Certify that the foregoing contains the original proceedings of the said Court in the Matter of the application of Elias Gardner for a pension
In
Testimony of which I have hereunto placed my hand & Seal of office this 30th day of January 1833
M.P. Crawford 

[illegible seal attached]
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Interrogatories by the Court

1st Interrogatory -
When and in what year were you born
Answer- I was born in 1763 in Duplin County No Carolina

2nd have you any record of your age , and is so where is it 
answer, I have at home a record of my age

3rd where were you living when called into Service, where have you lived since and where do you now live
Answer, in Richmond County and have lived there ever since and now live there

4th how were you called into Service were you drafted  did you volunteer , or were you a substitute and is a Substitute for whom -
Answer, I was at one time drafted but hired a Substitute [Norman Martin], I afterward volunteered-

5th - state the names of some of the regular officers who were with the Troops when you served such Continental Militia Regiments as you can recollect and the General Circumstances of your Service-
Answer, I was with Col. [Thomas ] Wade Capt. [William] Hunter, Col [Thomas] Crawford, also Capt Crump
he was employed a great deal in collecting provisions for Genl. Greens [Nathanael Greene] army in 1780 or 1781  that he was employed  in bringing Beef Cattle to the Army 

that he has no documentary evidence further than a discharge from Col. [Thomas] Wade dated in 1781 and also a discharge of his Substitute [Norman Martin] date 1780

that he knows of no Person by whom he can prove the actual time of service
but that he was known during the War to Walter Leak, John McAlistar, Moses Knight & John Clements two of who were with him in two Battles [Battles of McPhaul's Mill, NC] viz, Walter Leak, & John McAlister, that he feels confident of twelve months Service and thinks he ought to be paid for his Substitute [Norman Martin]

6 did you ever receive a discharge from the service if so what has become of it-
Answer, I have a discharge from Col [Thomas] Wade setting forth a service of three months
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7th State the names of the Persons to whom you are known in your present neighborhood and who can testify as to your character and their belief of your service as a Soldier of the revolution
Answer, Walter Leak, John McAlister, Moses Knight, William Thomas, John Clements &
others-

state of No Carolina
Richmond county
We Walter Leak, John McAlister, & Moses Knight were acquainted with Elias Gardner at different times during the War and that he was a Whig & a true friend to his country and that we concur in that opinion-
Sworn to & Subscribed this 25 of January A Dom. [Anno Domini] 1833 -
John McAlistar
Walter Leak
Moses Knight 
William Thomas
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Elias Gardner
N.C.
No. 3675.

Admt as priv. 3 mo Cav [Cavalry] $12.50
9 Infr [Infantry] 30
$42.50

Capt. [William] Hunter
Col. [Thomas] Wade 
N.C.
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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 Elias Gardner
Period when the service was rendered.  |  Duration of the claimant's service.  |  Years.  |  Months.  |  Days.  |  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.  

1780 vol.  3.  Pri  Col. Wade.  69 years
" for 9 served " until one month after the Battle of Betty's Bridge  served for 12 mos. and thinks more
Capt. Speed  Betty's Bridge  Richmond Co. N.C.
Traditionary witnesses

     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 entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [hand pointing symbol] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

     He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.                                             A. B.
[And then will follow the certificate of the Court.]
     And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
     I                                                  of the Court of                                           do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of
the application of
for a pension.
     In testimony whereof I have hereunto set my hand and seal of office (i) this
day of                                                & c.

     If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
     Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the
                          and C. D. residing in (the same) hereby certify, that we are well acquainted with                                , who has
subscribed and sworn to the above declaration; that we believe him to be
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
     Sworn and subscribed the day and year aforesaid.
     [And then will follow the certificate of the Court.]
     And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.                                        who has signed the preceding certificate is a clergyman, resident in the
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit.
     I,                            Clerk of the Court of
                              do certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation [application] of                                     for a pension.

     In testimony whereof, I have hereunto set my hand and seal
of office, this                                  day of
& c.
     Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
     If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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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?
{To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
      7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
     The Court will see that 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 perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
     Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
     No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[ a ] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will
follow the rule laid down for his guidance.
[ b ] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[ c ] The age of the claimant must invariably be mentioned.
[ d ] The declarant must mention the period or periods of the war when he served.
[ e ] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For---year------months, and ----days, I served as a
-----.  For -----months and ----- days, I served as a----; months 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.
[hand symbol pointing] 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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S. File 6875
Elias Gardner N. C.
Page 17

4th febry 1781
This may Certify that Elias Gardner has 
served three months in my Regiment of
horse [cavalry] in Capt [William] Hunter's Company his pay and bounty being due to 
him and he is herby [hereby] discharged
Thos Wade Col. [Colonel]
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S. File 6875
Elias Gardner N.C.
Norman Martin Substitute
Page 19

Richmond County }
North Carolina } This is to Certifie [certify] that Elias Gardner a Draughted [drafted] Man, to serve in this present Expedition, to the aid of So. Carolina; [illegible]
Normand Martin an Able bodied Man, to serve
three Months after crossing the State line, which
said Martin, I have Received & Discharged
the said Elias Gardner, from the said Draught [draft]
Given under my Hand, this 15 March
[ ? 1780]
John Donaldson
S. Col of Richmond Militia
Page 20

6875
Rev War
INVALID
our
File No. 6875
Elias Gardner
Pri Rev War
Act: June 7th 1832
Index:-Vol. 1st, Page 137

[Arrangement of 1870.]