Revolutionary War Pension and Bounty Land Warrant Application File W 7498, John Gardner, Va.
Page 1

(3-1776)
Service   Va.
Gardner, John
Cynthia
Number W7498
B.L.Wt. 36754-160-55
Married Pensioner and died in Mass.
Contents
Page 2

Cynthia Gardner
widow of John
who served in the Revolutionary
war, as a private
w.f.7498
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Inscribed on the Roll at the rate of 
96 Dollars 00 cents per annum,
to commence on the 4th day of March, 1848.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Certificate of Pension issued the
13st Day of July 1851
and sent to
Timothy Reed
Barnstable Mass.

Recorded on Roll of Pensioners under act 
July 29, 1848, Page 41  Vol. A
Page 3

225.319
( Let. March 3
Nir of 30.  / n
Cyhnthia Gardner wid.
John Gardner, Soldier

Revol. War
Pension cert. 832, Vol A.  page  40
July '48- 832
Th: 16 OAC, Aug:7/56
Boynton

Horatio Woodman
Boston, Mass.
Page 4

8,776
Massachusetts
John Gardner of Sandwich in the State of
Massachusetts who was a private in the 
regiment commanded by Colonel Heath
of the Virginia line, for the term of two years War
Inscribed on the Roll of Massachusetts
at the rate of 8 Dollars per month, to commence on the 20 of April 1818
Certificate of Pension issued the 29 of March 1819 and sent to Thomas B Adams Esquire
Quincy Mass
Arrears to 4th of March 1819            $83.96
Semi-anl. all'ce ending 4 Sept 1819    $ 48.
                                                           $131.96
                                        
{Revolutionary claim,
Act 18th March, 1818.}

Continued
Page 5

John Gardner - Private
81-83
Heath's Regt Virginia Line
Approved 1818
Judge's Certification of Claimant's
circumstances want rev---
Adm c
Page 6

I John Gardner of Sandwich in the County of
Barnstable Mass aged fifty six years, a resident
citizen of the United States on oath set forth and declare, that I enlisted into the cause three years service in Virginia, where I then lived, into Capt Holt's Company and Col Heath's Regiment in the Virginia line in 1781 ( in the spring I think or in the winter) and continued in the service until the close of the war in 1783. I was in the siege of Charleston and there taken prisoner with Genl Lincoln, and remained a prisoner on board a prison ship till peace was declared. I have never had any discharge or other evidence of my service &
have no further testimony in my power to present--- that I am reduced in my circumstances and stand in need of the assistance of my country for support
-John Gardner
Page 7

COMMONWEALTH OF MASSACHUSETTS.
Barnstable SS.
On this 20th day of April 1818, before me
the subscriber, one of the Judges of the Circuit Court of Common Pleas, for the Southern Circuit, personally appeared John Gardner
of Barnstable aged Fifty-six years, resident in
the said Circuit, who being by me first duly cautioned according to law, on his oath made the following declaration, by him signed, in order to obtain the provision made by the late act of Congress, entitled ""An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war."
Page 8

Barnstable Ss February 27th 1819.
I am satisfied that the applicant is in need
of assistance from his Country for support.
And I, the said Judge do certify, that it appears to my satisfaction, that the said John Gardner
did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months, on the continental establishment;
and I now transmit the proceedings and testimony taken and had before me,
to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress.
Thomas B Adams Ch. Jus
Page 9

John Gardner's Schedule of
property.
8776
of
24 Mar 19??
Congress Act 7-20
Page 10




SCHEDULE.
COMMONWEALTH OF MASSACHUSETTS.
County of Barnstable ss

On this ninth day of August 1820, before the Circuit Court of Common Pleas for the Southern Circuit, proceeding according to the course of the common law with a jurisdiction unlimited in point of amount, having a power also of fine and imprisonment, and keeping a record of their proceedings, personally appeared in open Court, being a Court of record for the said county John Gardner
aged fifty eight years, resident in Sandwich in said County, who being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows, viz. for the term of three years in
Capt Halls Company, Colonel Heath's Regiment in the Virginia Line; and that he has received a pension certificate dated March 29th 1819 and numbered 8776 - in pursuance of his original Declaration made 20th April 1818- and also takes and subscribes the following oath, viz.
And I do solemnly swear that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent
thereby so to diminish it as to bring myself within the provisions of an act of Congress,
entitled "An act to provide for certain persons engaged in the land and naval service of
the United States, in the Revolutionary war,” passed on the 18th day of March, 1818;
and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
I am by occupation a Ship Carpenter by reason of age & infirmity I am unable to pursue it. I have a wife, Cynthia by name, aged forty seven, a Daughter Celia sixteen, both feeble & weakly. I have no property Real or personal, except half a doz. chairs our table two Iron pots & some old crockery.
Sworn to and declared, on the ninth  day of August 1820. before said Court.
Abner Davis   Clerk

I, Abner Davis clerk of Barnstable County
do hereby certify, that the foregoing oath and
the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is nothing- In testimony whereof, I have hereunto set my hand and affixed the seal of  said court, on this tenth day of August 1820.
-Abner Davis, Clerk of the Court for the County of Barnstable.
Page 11


State of Massachusetts
Barntable County
On the tenth day of June in the year of our Lord one thousand Eight hundred and fifty one, personally appeared before me, Nymphus Marston, Judge of Probate for the County of Bamstable, Cynthia Gardner of Sandwich in said County of Barnstable, aged Eighty four years, who being duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed July 29th 1848, that she was married to John Gardner, who was a private in the war of the revolution, and who in conformity with the laws of the United States of the 18th of March 1818, drew a pension, as appears by the original certificate of the Secretary of War herewith surrendered. She further declares that she was married to the said John Gardner about fifty six years ago, but from old age and decay of memory she cannot state the precise time; that the marriage took place at the house of Mr. John Nye in Falmouth in said County
now deceased, where she then resided, and was solemnized by David Nye Esq., then a Justice of the Peace of that town, now deceased; that her husband, the aforesaid John
Gardner died on the tenth day of September in the year Eighteen hundred and forty one; that she was not married to him prior to his leaving the service; but the marriage took place prior to the Second day of January Eighteen
hundred, to wit, at the time as above stated:
She further swears that she is now a widow
and has now
Page 12


before made any application for a pension
her
Cynthia Gardner  X
mark

Witness   C. B. H. Fessenden

Commonwealth of Massachusetts}
Barnstable County}  Ss.
On this tenth day of June in the year Eighteen hundred and fifty one, before me
Nymphus Marston  Judge of Probate for the County of Barnstable, personally appeared Cynthia Gardner and made oath to the truth of the foregoing declaration, and subscribed the same with her mark, she being unable to write her name in consequence of the infirmities
of age. Done at the place of her residence in said Sandwich, she being unable on account of her advanced age to attend Court. Witness my hand the day and year above named-
Nymphus Marston

Commonwealth of Massachusetts}
County of Barnstable} Ss.
I Timothy Reed Register of the Court of Probate in and for said County of Barnstable hereby certify that the Hon. Nymphus Marston is the Judge of said Court and that the above signature purporting to have been made by him is his genuine signature--
In witness whereof I have hereto subscribed
my name & affixed the seal of said Court this
twenty fifth day of June in the year of our Lord
Eighteen hundred & fifty one
Timothy Reed   Register as aforesaid
Page 13

Declaration & papers of
Cynthia Gardner widow
of John for pension in
Mass
Act 29 July 1848
Married before 1800
Hus'd died  1841
Adm'd pen to $9 Per annum
Commencing 4 March 1848

Timothy Reed
Barnstable Mass
Page 14

I William Nye Jr., being duly Sworn do depose and say that I have made diligent search in the
Book of Records of Marriages in the Town of Falmouth in the County of Barnstable, and cannot find any record of the marriage of John Gardner and Cynthia Tobey. I further swear, that I am Town Clerk of the said Town of
Falmouth, and have in my custody all the Books of Records belonging to said Town
William Sykes T. Clerk
Subscribed and sworn to this twenty first day of June, in the year one thousand Eight hundred and fifty one
Before me S. P. Bourne
Justice of the Peace.

Commonwealth of Massachusetts
County of Barnstable ss. I Timothy Reed Clerk of the Courts in & for said County hereby certify that Samuel P. Bourne Esq is a Justice of the peace in & for said County duly commissioned, qualified & acting as such
and was on the twenty first instant, and that the signature to the above certificate purporting to have been made by him I believe to be his genuine signature-
In witness whereof I have hereto subscribed my name & affixed the seal of the Court of Common Pleas this twenty fifth day of June in the year of our Lord Eighteen hundred & fifty one-
Timothy Reed  Clerk as aforesaid
Page 15

I Bela White of Sandwich in the County of 
Barnstable, being duly sworn depose and say, that I well knew John Gardner late of Sandwich, now deceased, who was a pensioner of the United States at the time of his death; I am also well acquainted with his widow 
Cynthia Gardner, who has this day in my presence made and subscribed a declaration before the Judge of Probate for the County of Barnstable, in order to obtain a pension; and
I know her to be the person who was the wife of said John Gardner, and is now his widow and has not been married since his death; that said John Gardner died in the month of September in the year Eighteen hundred and
forty one.
  Bela White

Commonwealth of Massachusetts}
Barnstable County} Ss.
On this tenth day of June in the year one thousand Eight hundred and fifty one, personally appeared the above named Bela
White to me known, and known to me to be a person of truth and veracity, and subscribed the above affidavit, and made oath to the same. 
Before me,   C. B. H.Fessenden
Justice of the Peace
Page 16


                                          3
I, Fear Swift of Sandwich in the County of
Constable, being duly sworn, do depose and say, that I am seventy six years of age, and that I well knew John Gardner late of said Sandwich deceased, and who at the time of his decease was a pensioner of the United States, and who died about ten years ago. I am also well
acquainted with his widow Cynthia Gardner now residing in said Sandwich, and whose maiden name was Cynthia Tobey. I further testify that I was present at the marriage of the said John and Cynthia, which was at the
house of Mr. John Nye of Falmouth in said County; that they were married by David Nye Esqr. who was a Justice of the Peace in that town. I cannot state the precise date of the marriage of the said John and Cynthia, but I know it was several years previous to my
Marriage, and I am confident that it was as much as three years before; and I was married fifty two years ago last January. I further testify that the said John & Cynthia lived together as man & wife in said Sandwich from the time of her marriage till his death.
Fear Swift

Commonwealth of Massachusetts]
Barnstable County} Ss.
On this tenth day of June in the year Eighteen hundred and fifty one, personally appeared the above named Fear Swift, Known to me, and known to me to be a person of truth and
veracity, and subscribed the above affidavit, and made oath to the same;
Before me
J. B. H. Fessenden, Justice of the Peace.
Page 17


                                                     4
I Hannah Bourne, wife of Charles Bourne,
of Sandwich in the County of Branstable, aged seventy nine years, being duly sworn do depose and say, that I was acquainted with John Gardner late of Sandwich, who was a pensioner of the United States at the
time of his death, which was about ten years ago; and I am well acquainted with his widow Cynthia Gardner now residing in said Sandwich; and I further testify that I was present at the marriage of said John and Cynthia, which took place at the house of Mr. John Nye in Falmouth in said County; I cannot state the precise date of the marriage, but
I know it was several years previous to my marriage; according my to my best recollection about five years; and I was married to my present husband on the Eighteenth day of January in the year Eighteen hundred. And I further certify that the said John and Cynthia Gardner always resided since their marriage in
Sandwich, where I also have always resided.
  Hannah Bourne

Commonwealth of Massachusetts}
Barnstable County} Ss.
On this tenth day of June the year one Thousand Eight hundred and fifty one, personally afterward the above named Hannah Bourne to me known, and known to me to be a person of truth and veracity, and subscribed the above affidavit and made oath to the same. --Before me
J. B. H. Fessenden
Justice of the Peace.
Page 18

War Department
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th of March, 1818,
John Gardner late a private in the Army of the Revolution, is inscribed on the Pension List, Roll of the Massachusetts Agency, at the rate of Eight dollars per month, to commence
on the 20 -day of April one thousand
eight hundred and Eighteen
GIVEN at the War Office of the United
on States, this 29th day of
March one thousand eight
hundred and nineteen.
J.C. Calhoun
Secretary of War.
Page 19

John Gardner
Payable semi-annually. The first
payment on this Certificate will be
made on the 4th of September
next, in Boston, at the
Branch Bank U. States


Recorded
Page 20

WAR DEPARTMENT
PENSION OFFICE,
Octr 7 1820
8776
You are hereby informed that the schedule of your property has been examined; and the Secretary of War has directed your name to be continued on the Pension Roll.

I am, respectfully,
Your obedient servant,
J.L. Edwards
To Mr. John Gardner
Sandwich
Mass.
Page 21

Commonwealth of Massachusetts
County of Barnstable Ss.
I Timothy Reed Clerk of the Courts within
and for said County of Barnstable hereby certify that Charles B. H. Fessenden Esq. is a Justice of the Peace in and for said County duly commissioned, qualified and acting as such and was so on the tenth instant and that full faith & credit are due to his official acts, and that the signatures J.B.H. Fessenden on the three several depositions of Bela White marker 2, of Tom Swift marker 3 & of Hannah Bourne marker 4, which are hereto annexed are his genuine signatures -
In witness whereof I have hereto subscribed my name and affixed the seal of the Court of Common Pleas this twenty fifth day of June in
the year of our Lord one thousand Eight hundred and fifty one
Timothy Reed   Clerk as aforesaid
Page 22

State of Massachusetts
County of Barnstable
On this fifteenth day of November A. D., 1855
personally appeared before me, a Justice of the Peace in and for the said County, Cynthia
Gardner aged eighty eight years, a resident of
Sandwich in Massachusetts who being duly sworn according to law, declared that she is the widow of John Gardner deceased, who
was a ................in the Company commanded by Captain,.............................in the Revolutionary War
commanded by,........................in the war with Great Britain, declared by the United States, on the 18th day of June, 1812, -- that her said husband was drafted at.....................on or about the.....................day of.....................A. D. 18....
for the term of..........................and continued in actual service in the said war for the term of
...........................and was honorably discharged at
..............................on or about the................day
of...................A. D. 18......, as will appear by reference to the rolls, that he received no printed or written discharge, and that neither he nor she ever received or applied for, or is entitled to bounty land for any other service, . The Applicant now draws a pension for the same services. The Pension certificate is numbered 832 and is recorded on Roll of Pensioners Vol A, Page 40
She further states that she was married to the said John Gardner in Sandwich on the tenth day of October 1797, by David Nye a Justice of the Peace and that her name before her said marriage was Cynthia Tobey that her husband died at Sandwich on the tenth day of September 1841, proof of which will be found on file with her previous application, that she is still a widow, --that she makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under the act of Congress passed March 3, 1855, and that she prays that the certificate thereof may be sent for her to Horatio Woodman, Boston, Mass.
  Cynthia
  her mark  X
  Gardner

Attest: Wm Handy
           Lewis Handy
Subscribed and duly sworn to, the day and year first above written. I certify that she is the identical person above described. I have no interest in the case.
  Seth F. Nye } Justice of the Peace
Page 23

April 26, 1932

BA-J/AW
XXXXXXXXXXXXX
John Gardner
W. 7498

Susan Brook
Shoals
Indiana.
Dear Madam:

Reference is made to your request for information relative to John Gardner, a soldier of the War of the Revolution.
The data contained herein were obtained from
the papers on file in pension claim, W. 7498, based upon the Revolutionary War service of John Gardner.
He enlisted in the spring of 1781, while a
resident of the state of Virginia, and served as a private in Captain Holt's company in Colonel Heth's Virginia regiment, he was in the siege of Charleston, South Carolina, where taken prisoner and held on a prison ship, until peace was declared.
He was allowed pension on his application executed April 20, 1818, at which time he was living in Sandwich, Barnstable County, Massachusetts, and was fifty-six years of age.
He died September 10, 1841 in Sandwich, Massachusetts.
The soldier, John Gardner, married October 10,
1797 in Falmouth, Massachusetts, Cynthia Tobey.
She was allowed pension on her application executed June 10, 1851, then a resident of Sandwich, Massachusetts, and was eighty-four years of age.
A daughter, Celia, aged sixteen years in 1820, is the only child mentioned. There are no further data as to family.
Very truly yours
A. D. HILLER
Assistant to Administrator
Page 24

36.75571


Rev, Cases
Page 25

Brief in the case of Cynthia Gardner, widow of John, Barnstable County and State of Massachusetts, act 29 July 1848

Claim, "original", 
Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was a pensioner under act
of 18 March 1818 at $96 per annum.
Marriage proved by living witnesses
Adm'd at $91 per annum, commencing
4 March 1848,
(If for increase.)
  Has additional evidence been filed since the admission of the claim? If so, what?
xxxxxxxxxxx
Name and residence of Agent.
Timothy Reed   Barnstable Mass
S. Cole  Examining Clerk.
Page 26

Application of Cynthia, Wid. of John Gardner
Rev. Mass. for a 160 acre warrant.
Act of March 3d 1833.
225.319

Warrant to be sent to
HORTATIO WOODMAN, Boston, Mass
as within requested.
Page 27

State of Massachusetts County of Barnstable
We William Handy and Lewis Handy
having been duly sworn, depose and say, that we well knew John Gardner and always understood & believe him to have been a soldier in the Revolutionary War whose widow now applies for bounty land -- that we knew him for more than thirty years before his death, which occurred at Sandwich about
fourteen years ago, -- that we know that he died about that time because we were with him when he died and attended his funeral
that we know the Applicant to be the identical person who now receives a pension for his services, that we are residents of Sandwich
that we have known his said widow from his death to this time, that she has remained unmarried,--that her declaration was signed and acknowledged by her in our presence, -- that she is the identical person she
represents herself to be, -- and that we are disinterested.
  Wm Handy
  Lewis Handy
Subscribed, and duly sworn to before me, this
fifteenth day of November A. D. 1855
Seth F. Nye  Justice of the Peace.
It is hereby certified that satisfactory proof has been exhibited before me, the undersigned, a Justice of the Peace, by the affidavits of William Handy and Lewis Handy of the said county and state, who are personally known to me, who are entitled to credit, and who swear
they have no pecuniary interest in the result of the above application; that Cynthia Gardner
is the widow, remaining unmarried of the late John Gardner who was a soldier in the Revolution and that the said John Gardner
died at Sandwich on or about the tenth
day of September A.D. 1841
In testimony whereof, I have hereunto set my hand this fifteenth day of November 1855 I have no interest in this case.
  Seth F Nye  Justice of the Peace.

*"We attended his funeral." or, "were in the neighborhood at the time," or some equally good reason.
Page 28

Commonwealth of Massachusetts.
Secretary's Office, Boston, Nov. 26th 1855
I hereby Certify, That at the date of the attestations hereunto annexed,
Seth F. Nye was a Justice of the Peace for the County of Barnstable in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.

In Testimony of which I have hereunto affixed
the SEAL OF THE COMMONWEALTH, the date above written
Charles W. Lovett
Deputy Secretary of the Commonwealth.
Page 29

Rev. War Section.
September 20, 1923. 
Josephine C. Harper,
Evart,
Mich.

Madam;
I have to advise you that from the papers in
the Revolutionary War pension claim, W. 7498, it appears that John Gardner, while residing in the state of Virginia, enlisted the spring of 1781 and served as a private in Captain Holt's company, Colonel Heth's regiment, Virginia troops, he was in the Siege of Charleston, S. C., where he was taken prisoner and held
on a prison ship and held until peace was declared.

He was allowed pension on his application executed April 20, 1818, while a resident of Sandwich, Barnstable County, Massachusetts, aged fifty six years. He died in Sandwich, Mass. September 10, 1841.
Soldier married in Falmouth, Massachusetts, October 10, 1797, Cynthia Tobey, she was allowed pension
Page 30

on her application executed June 10, 1851, while
living in Sandwich, Mass. aged eighty four years.
Daughter, Celia, aged sixteen years in 1820, only
child mentioned.
There are no further family data on file.

Respectfully,

Commissioner.
Page 31

Barnstable Mass June 25. 1851
Sir
Please examine the enclosed papers
of Cynthia Gardner & make return to
C.B.H. Fessenden Esq. Sandwich Mass.
Respectfully,
Dorothy Reed

Hon Commissioner of Pensions
Page 32

Evart Michigan
Aug. 3, 1923

The Commissioner of Pensions
Washington D.C.

Dear Sir,
Please advise me whether or not you have Revolutionary soldier John Gardner of Virginia in the list of Rev. Soldiers who drew pensions.
I wish to know where he lived at time he applied and also wish to know whether he left a widow.
He served as private & sergeant in the 7th
also known as 3rd & 7th and as 5th Virginia Regiment and in 2d Brigade commanded
by Col. Christian Febiger.
His national No. 77646, advise me as to fee for
doing his work and & shall return same as soon I as hear from you.
Yours truly
(Mrs) Josephine C. Harper
Page 33

Revy WIDOW, &c.
File No. 7498
Cynthia Gardner
Wid:
John Gardner
Pri Rev War
---
Act: July 29 1848
Index: -- Vol. A Page 262
{Arrangement of 1870.}
////////////////////////////////////////////
-1923  Sept 20 Hist. to Josephine C. Harper awj
-1932- Apr. 26   "      "  Susan Brook  See ltr awj
-letter in Thomas Gardner 28548