Revolutionary War Pension and Bounty Land Warrant Application File S. 21,766, Benjamin Gardiner, R.I.
Page 1

(3-1776)
Service
R.I.

Gardiner, Benjamin
or
Gardner

Number
S 21.766

Contents
Page 2

15749
Benjamin Gardner
Rhode Island

Private 2 years

591606
July 3 1833

Nathan Witing &c
East Greenwich
R.I.

(struck out)
Benj'm Cowell
Prov R.I.
Page 3

BRIEF in the case of Benjamin Gardner
County of Kent in the State of Rhode Island
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? Court

2. If before a Judge, does it appear that (illegible) infirmity?

3. How old is he? 77 years

4. State his service, as directed in the form annexed.

Period.
In 1775
Draf 1776
----
1777
-----
1778
------
1780

Duration of Service.
Years, Months, Days.
-- {1 ----
---{4 ----
---3 & 6 ----
-----2 -----
----3 ----
---2 ----
about 5 -----
about 2 -----

Rank.
As a
Private

Names of General and Field Officers under whom he served.
Gen.
Capt Austin Col Nash
-----
Capt Thompsoln Col Dyer
Capt Babcock
Capt. Cold Col Dyer
Capt Elong " Dyer
Capt Pierce

5. In what battles was he engaged? 4 at various times

6. Where did he reside when he entered the service? (illegible) Greenwich R.I.

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? living witnesses

8. Are the papers defective as to form or authentication? and if so in what respect? not attached

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
M Clagett Examining Clerk
Page 4

21028
Rh. Island
Benj. Gardner

Kent in the State of R. Island
who was a private in the Comp. commanded by Captain Austin of the Reg. commanded by Col. Nash in the R.I. for 2 years.

Inscribed on the Roll of R. Island the rate of 80 Dollars -- Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 16 day of Aug. 1833 and sent to N. Whiting
East Greenwich

Arrears to the 4th of Mar. 31 $160
Semi-anl. allowance ending 4 April 40
$200

{Revolutionary Claim,
{Act June 7, 1832.

Recorded by (illegible) Stiles Clerk
Book #. Vol. 2 Page 711
Page 5

State of Rhode Island & Providence Plantations
County of Kent} &c.
On this 30th day of August AD 1832 Personally appeared in open court before the Justice of the Courts of Common Pleas now sitting Benjamin Gardiner a resident of East Greenwich in the said county of Kent aged seventy seven years the 18 day of August 1832, who being first duly sworn according to law doth on his oath make the following declarations, in order to obtain the benefit of the act of Congress passed Jun 7th 1832. That he entered the service of the United States under the following named officers and served as herein stated. That he was born in Exeter in the county of Washington and State of Rhode Island on the 18th day of August AD 1755. That at the time he was called into the service of the United States as herein after stated he resided in West Greenwich in the said County of Kent and resided there about one year and a half that he removed into the Town of North Kings town in the said county of Washington and resided there about twenty years. He afterwards removed to East Greenwich in said county of Kent and was resided there ever since. That in the month of November 1775 the British fleet & army came into Newport, Rhode Island and the company of Militia to which he belonged in West Greenwich was called into service and under the command of Capt. Jeremiah Austin attached to the Regiment of Col. Nathaniel Brown and was stationed at East Greenwich and Warwick in the said County of Kent for the purpose of guarding the shores against the enemy and this applicant served in said company one month, about the first of January 1776 he was drafted into said company and served four months at different times in guarding the shores in said East Greenwich and North Kingstown. In June 1776 he removed from said West Greenwich to said North Kingstown served in the company militia of Capt Sam'l Thompson attached to the regiment of Col Dyer as a Drafted malitia man five months during that year
Page 6

in September and October 1777 he served two months as a drafted malitiaman and one month as a substitute in the same Regiment for Nathan Gardiner. In November 1777 he was drafted in the company of Malitia Capt. John Cole Col. Dyer Regiment and served two months and one month as a substitute for Nathan Gardiner. In June 1778 according to the best of my recollection I was drafted in the company of Capt. James Claud Col Dyer Regiment and served one month and one month as a substitute for Nathan Gardiner. In August 1778 he was again drafted in said Elred company and served about six month during that year, three months for himself and three months as a substitute for Nathan Gardiner. In the year 1780 in June I was drafted in the company of Capt. Lawrence Pierce in North Kingstown Col Dyer Regiment on R. Island two months one month for myself and one month as a substitute for Nathan Gardiner. That at other times during the Revolutionary War he served in the Malitia on alarms and other occasions a week and fifteen days, at a time and some times was called out a day or two at a time the whole of which said service at various times he believes would amount to four months and that he has no documentary evidence whatever in citation to this subject. He hereby relinquishes any claim to a pension or annuity except the present and declares that his name is not on the pension rool of the agency of any state Job Herington Phenix Brown John Austin & (illegible) Austin are in possession I presume of knowledge of my service and my name is on the pay role of Capt Samuel Thomas company 
Sworn to and subscribed the day and year aforesaid
Witness John Brown Clk Benj Gardiner (illegible)
Michael Brusett a clergyman in East Greenwich in the county of Kent and hereby testify that I am will acquainted
Page 7

&c
Benj'm Gardner
15749
Page 8

...with Benjamin Gardner who has subscribed and sworn to the within declaration that (unintelligible) prior to be seventy-four years of age that he is a trusted and believed in the neighborhood when he was a soldier of the revolution and that I can concur in that (unintelligible).
Michael Brusett

Sworn to and subscribed the day & year aforesaid. 
Witness John Brown Clk.


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 (blank) who has signed the preceding certificate, is a Clergyman, resident in the (blank) and that Phenix Brown, John Austin, Polipas Austin, and Job Harrington & Daniel Updike who also signed the same are residents as state in their Depositions and are credible persons, and that their statement is entitled to credit. 
     I, John Brown, Clerk of said Court of Common 
     Pleas, do hereby certify that the foregoing 
     contains the original proceedings of the 
     said Court in the matter of the application 
     of Benjamin Gardner for a pension.  In 
     testimony whereof, I have hereunto set my 
     hand and seal of office, this fifth day of 
     September in the year 1837
  John Brown
Page 9

Additional Declaration 
of
Benj. Gardiner
Page 10

State of Rhode Island
County of Kent ss

On this eleventh day of July AD. 1833, personally appeared before me Nathan Whiting, a Justice of the Peace.  Benjamin Gardiner, a resident of East Greenwich in the County of Kent, who being first duly sworn according to law, doth on his oath, make the following declaration, in addition to and (unintelligible) of the Declaration made by him on the 30th day of August D. 1832 before the Court of Common Pleas in said County.  That in November 1775 he belonged to a company of militia in West Greenwich in the County of Kent, commanded by Capt. Jeremiah Austin: That he served as a private in that company in the fall of that year and in the winter and spring of the year 1776 not less than five months at the places mentioned in his original Declaration.  That immediately after rendering said service, in said Company in the early part of the summer of the year 1776 he removed to North Kingston, and was enrolled in Capt. Samuel Hopkins ("Hopkins" crossed out), Thomas' Company of militia, in the Regiment of Col. Dyer, and was drafted therein and served as a private not less than three months at Quidnessett Neck, Wickford & Boston Neck in N. Kingston during the remainder of that year. That in the winter and spring of the year 1777 he was drafted and served as a private in the same company at the places aforesaid not less than three months.  That in September & October of the same year, he served in Capt. Babcock's company, two months, one month for himself and one month for Nathan.
Page 11

...Nathan Gardiner as stated in his original Declaration, at the places last mentioned. (Following line crossed out.)   That in the month of November of the same year he served one month as a private in Capt. Cole's Company in Col. Dyer's Regiment at Tiverton, R. Island, in General Spencer's expedition.  That afterwards in the winter & spring of the year 1778 he was drafted and served in said company one month on his own account and one month for Nathan Gardiner at Quidnessett Neck and Boston Neck in North Kingston.  That in June of the same year he was drafted and served under Capt.  James Eldred one month on Rhode Island in General Sullivan's expedition and in the July following he served one month in the same company as a substitute for the said Nathan Gardiner.   That in August AD. 1778 he was again drafted in the same company and served in that company in the summer and fall of that year and in the winter and spring of the year 179 at the places aforesaid not less than six months, three months for himself and three months as a substitute for the said Nathan Gardiner. (That in the summer and fall of the same year and in the winter of the year 1780 this applicant was employed in a private armed vessel against the enemy).   That in June 1780 he was drafted in the company of Capt. Lawrence Pierce and served in said company at the places aforesaid one month and also one month for the said Nathan Gardiner. That in the year 1780.
Page 12

...1781.  He was drafted in a company of militia commanded by Capt. Lawrence Pierce and served two months at Quidnessett & Boston Neck in the winter and spring. Jos. Legur was the Lieutenant.   That in the fall of the same year he served in the same Company on Rhode Island, one month as a substitute for John Congdon.   Making in the whole twenty-nine months of actual military service by drafts in the militia and as a substitute for other persons. And that in addition thereto, he was called out on sudden alarms and served on these occasions, not less than three or four months more, according to the best of his recollection. 
Benj. Gardiner


State of Rhode Island
Kent County
Subscribed and sworn to before me the day and year before written at East Greenwich aforesaid. 
Witness Nathan Whiting J. (Justice) Peace

Kent Co.  The State of Rhode Island & Providence Plantations Clerks office Court of Common Pleas

I certify that Nathan Whiting is a Justice of the Peace for the town of East Greenwich in the County of Kent the above is his proper signature in his own handwriting and that full faith and credit is & ought to be given to all his official acts. 
     In witness whereof I have hereunto set my name & seal of said court at East Greenwich this eleventh day of July in the year 1833
John Brown. Clk.
Page 13

In reply to your request of ____________, received _________ for a statement of the military history of Benjamin Gardiner a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his application for pension on file in this Bureau.   S. F. 21,766

DATES OF ENLISTMENT OR APPOINTMENT:
Nov. 1775
1776 & 1777
Sept. 1777
Nov. 1777
June 1778
1780 & 1781

LENGTH OF SERVICE
5 mos. 
6 mos. 
2 mos. 
3 mos.
8 mos. 
5 mos. 

RANK (for all lines)
Priv. (Private)

OFFICERS UNDER WHOM SERVICE WAS REDERED. 
CAPTAIN
Jeremiah Austin
Samuel Thomas
Babcock
John Cole
James Eldred
Lawrence Pierce
COLONEL
Nathaniel Brown
Dyer
Dyer
Dyer
Dyer
Dyer

STATE (for all lines)
R.I. 

Battles Engaged in - General Sullivan's Expedition
Residence of soldier at enlistment - West 
Greenwich, Kent Co. R.I.
Date of application for pension - Aug. 30, 1832. His cl. (claim) was al. 
Residence at date of application - East Greenwich, Kent Co., R.I.
Age at date of application - B. Aug. 13, 1755, at 
Exeter, Washington Co. R. I. 
Remarks - there is no data relative to family

Respectfully, 
Commissioner
Page 14

REVOLUTION
21766
INVALID
File No.  21.766
Benjamin Gardner  (see Comments)
Pri Rev War

Act:  June 7th 32
Index: - Vol 2, Page 148
Page 15

15769
Benj. Gardiner





Nathan Whiting E
East Greenwich

Benj. Cowell (crossed out) 
Providence  (crossed out) 
R.I.
Page 16

Brief objections to the admission of Pension Claims of which these answered in the negative, in red ink, will apply to the claim Of Benjamin Gardiner which require further proof or explanation. 

1.   Does the declaration show where the applicant resides?   Yes 

II.   Did the declarant make declaration in the
county where he resides?  Yes

III.   If the applicant did not make the declaration
in the county where he resides, is there any reason assigned for his not doing so?   (blank)

IV.  Has the declarant mentioned the period or periods of the war when served?   Yes

V. *Has he mentioned 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?   No 

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act ef. June 7, 1832?   Yes

VIII. Has the Court given their opinion?  Yes

IX.   Has the Clerk given his certificate?  Yes

X.   Is the Clerk's seal affixed?    And if so, has it a device or inscription by which it can be distinguished from any other seal?   Yes
Page 17

(continued)

XI.   Has the applicant obtained the evidence of a clergyman and other respectable citizen as to their belief respecting his age and the general belief in his neighborhood, relative to his revolutionary service?   Clergyman

XII.   If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?    (check mark)

XIII.   If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? (blank) 

XIV.   **If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?    (Blank)
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?   The court has. 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  (blank) 

XV.    Does it appear from any of the papers that the witness was in such a situation, or of such an age as to have a personal knowledge of the applicant's service?   Yes

XVI.   ***Are the papers authenticated as the regulations direct?   No. 

XVII.    Are the seven interrogatories prescribed by the War Department answered satisfactorily?   And, if not, which of them is not so answered?   (check mark)
_______________________________________

EXPLANATORY NOTES

* Quere V.   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 _____; and for such service I claim a pension.
Page 18

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 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. Mode of authenticating
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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.
Page 19

Deposition 
Job Herrington
Page 20

The Deposition of Job Herrington of West Greenwich in the county of Kent of lawfull age who after being cautioned and sworn to certify to the truth the whole truth and nothing but the truth testifies and says that he is well acquainted with Benjamin Gardiner of East Greenwich in the county of Kent and state of Rhode Island and has known him some time previous to the revolutionary war up to this time and was knowing to the said Benjamin Gardiner duing duty in the Malitia in this state, that in the month of November of December 1775 the said Gardiner did duty in the Malitia in the company of Jeremiah Austin attached to the Regiment of Col Nathaniel Brown for the space of five months and further the deponant saith not
Job Herington

Kent Ss State of Rhode Island &c
At East Greenwich August 29, 1832
The Personally appeared before me the above named Job Herington and subscribed the within and foregoing deposition and made solemn oath to the truth of the same
Before me Christopher Johnson Justice of the Peace.

Kent Sc The State of Rhode Island & Providence Plantations Clerks' Office Court of Common Pleas
I certify that Christopher Johnson is a Justice of the Peace for the Town of East Greenwich in our county of Kent that the above is his proper signature in his own hand writing that full faith and credit ought to be given to all his official acts. In witness whereof I have hereunto set my hand & seal of Office, at east Greenwich the third day of September in the year 1832
John Brown clk.
Page 21

BY HIS EXCELLENCY,
Lemuel H. Arnold
Governor, Captain-General and Commander in Chief of the State of Rhode-Island and Providence Plantations.

Be it know that the name "Henry Bowen," to the aforewritten attestation subscribed, is the proper hand writing of Henry Bowen, Esquire, who, at the time of subscribing the same, was Secretary of the state aforesaid, duly elected and qualified according to law: Wherefore unto his said Attestation full faith and credit are to be rendered.

In testimony whereof I have hereunto set my hand and caused the seal of said State to be affixed, at Providence, this thirty first day of August in the year of our Lord one thousand eight hundred and thirty-two and of Independence the fifty-seventh.
Lemuel H. Arnold

BY HIS EXCELLENCY'S COMMAND.

Henry Bowen Secry.
Page 22

The deposition of Phenix Brown of North Kingstown in the County of Washington of Lawfull age after being duly cautioned examined and sworn testifies and says that he is well acquainted with Benjamin Gardiner of East Greenwich, that he is knowing to his services in the revolutionary war to wit in Sullivans Expedition on Rhode Island in the year 1778 that at the time he said Gardiner belonged to Capt James
Eldridges company of Malitia attached to Col. Dyer’s Regiment, I do not know any thing for the respecting his services and Cannot State with any degree of Precision the time that his services continued And further the Deponent saith not
Phenix Brown
Washington Ss State of Rhode Island and Providence Plantations
At North Kingstown August 27th 1832
then personally appeared before me the above named Phenix Brown and subscribed the above deposition in my presence and made solemn oath to the truth of the same. Said deposition was by me reduced to writing in the presence of the deponent whose character for truth & veracity is good
John Hall Jus Peace
1
Page 23

The deposition of John Austin of North Kingstown in the County of Washington of Lawfull age who after being duly cautioned and sworn to testify the truth and nothing but the truth testifies and says, that he is well acquainted with Benjamin Gardener of East Greenwich in the County of Kent that knows that he served that he in the Revolutionary war at Sullivans Expedition in the year 1778 on Rhode Island in the company of Capt James Elderd attached to Dyer’s Regiment, in the year 1777 I saw Mr Gardiner of North Kingstown attached to said Regiment in the company of Capt Cole I saw him a number of times during this year in the service. I marched from North Kingston in a detachment of the Regiment for the purpose of joining in Spencers expedition through Kent Providence and Bristol Counties with said Benjamin Gardener and further the deponent saith not-
John Austin
Washington } State of Rhode Island and Providence Plantations
At North Kingston August 27. 1832
Then personally appeared before me the above named John Austen and subscribed the within and above deposition in my presence and made solemn oath to the truth of the same.  Said Deposition
was by me reduced to writing in the presence of the deponant whose character for truth & veracity is good
John Hall Just Peace
Page 24

The deposition of Polepus Austin of North Kingston in the County of Washington of Lawfull age who being duly [illegible] and sworn to testify the truth, the whole truth and nothing but the truth testifies & says that he is well acquainted with Benjamin Gardiner of East Greenwich in the County of Kent that that he knows that he served in the revolutionary war in the company commanded by Lawance Pierce Spencer Taylor Lieutenant Robert Hazard Ensign attached to Colonel Dyer’s Regiment after the British left Newport I believe in the year 1780, I saw him a number of time on Rhode Island in 1780 and in my opinion that he was in the service of the malitia of the United States a great part of the year. And further the deponent saith not
Polepos Austin
Washington Co & State of Rhode Island &c
At North Kingstown
August 27 1832
Then personally appeared before me the above named Polepos Austin and subscribed the within and above depositions in my presence & made solemn oath to the truth of the same. Said deposition was by me reduced to writing in the presence of the deponant whose [illegible] for truth and veracity is good
John Hall Just Peace
Page 25

State of Rhode Island and Providence Plantations
Secretary’s office August 31. 1832
I certify that at the session of the General assembly of said State holden on the first Monday of August instant John Hall was elected a Justice of the Peace within the Town of North Kingston in the County of Washington for and until the first Wednesday of May next, and that he has been commissioned accordingly as appears of record in this office.
Witness Henry Bowen Secry
Page 26

I Daniel Updike of East Greenwich in the County of Kent being now in the 72 year of age on oath do testify & say that I am well acquainted with Benjamin Gardner also of East Greenwich & have known him ever since 1773. And I do further testify that when we were young we lived in the same town in the west shore of Narragansett Bay. When the British were in possession of Newport & also before that time, when Capt. Wallace of the British Navy and to make incursions up said Bay & into that country for the purpose of depredations said Benjamin was frequently was called out in the militia to defend the shores & was considered one of the most alert & active in repelling the invasions of the enemy. During the period that Wallace was committing depredations and also during the period the British were in possession of Newport comprehending a period of at least five years said Gardner did all his duty faithfully. He is also a man of truth veracity & entitled to full credit.
Daniel Updike
8th Kent Ss
Court of Common Pleas August Term AD 1832
Sworn to in open Court the eighth day of the Term
Witness John Brown Clk