Revolutionary War Pension and Bounty Land Warrant Application File W. 1409, Carswell Gardner, Continental Mass
Page 1

(3-1776)
SERVICE
Continental 
Mass.
Gardner, Carswell
Elizabeth
NUMBER
W. 1409
Page 2

5991
Pennsylvania

Carswell Gardner

the State of Pennsylvania
who was a Sergeant in the Company commanded by Captain Gibbs of the Regt. commanded by Ward in the Mass. line for 2 years  - Sergeant - $180.00


Inscribed on the Roll of Pennsylvania
at the rate of 180 dollars per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 20th day of February 1833 and  sent to Hon. D. Patts

Arrears to 4th of Sept. 1832 - $270.00
Semi-anl. allowance ending 4 Mar. 1833 - $90.00


$360.00

{Revolutionary Claim,}
{Act June 7, 1832}

Recorded by Vinal Luce Clerk,
Book D  Vol. 6, Page 59
E.  2-5


1883 - Examined by Barrett a newspaperman 
10-18

Examined by Mr. Barrett a newspaperman

1883/10-18
Page 3

1475
Pennsylvania, Phila

Elizabeth Gardner
widow of Carswell Gardner

who served in the Revolutionary
war, as a Sergeant of Cavalry
Penn Line

Inscribed on the Roll at the rate of 180 Dollars
per annum, to commence 3rd day of February 1833

Certificate of Pension issued the 23rd day of August 1853

Sent to George W. Hudder
Oxford
Chester Co. Pa.

Recorded on Roll of Pensioners under act
February 3/53  Page 105 Vol. A

1832

Letter to Hon. J.W. Forney 20 Dec. 
W.E. Monaghan April 11, 1853
Letter to Hon. D. Sturgeon 7 Sept. 

(Died 1 Oct. 1853)
W.E,
Page 4

Declaration to obtain the benefit of the Act. of Congress passed the 7th of June 1832

Commonwealth of Pennsylvania
Chester County

On this Twenty first day of August in the year of our Lord one thousand Eight Hundred and Thirty two Personally appeared before the Court of Common Pleas held and kept at the borough of West Chester in and for the County of Chester Carswell Gardner a resident of the Township of New London in said County aged about Seventy six year who being first duly sworn according to law doth on his solemn oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832 
That he enlisted in the army of the United States near Boston in the year 1776 when about twenty years of age with Captain Barclay of Colonel Wards Regiment of Infantry for the term of one year in which term he was taken prisoner by the British upon Dorchester neck and carried to Boston upon the Ice, where he continued a prisoner for about six weeks and was confined part of the time in prison and the latter part thereof on board "The Empress of Russia" a transport ship belonging to the enemy then lying in Boston Harbour.  
watching his opportunity, he made his escape accompanied by one of the Ships' crew in one of her boats called "The agents cutter"
The cutter was left in the possession of this narrator and by him sold for Eighty dollars which he received in bills of one dollar each, all bearing the head of John Hancock.  He then returned to his Regiment and before his term of enlistment (one year) had expired was drafted from this company for the purpose of forming a foot guard for General Washington in which he was appointed a sergeant and the command given to Captain Gibbs.  He, this narrator,  marched with the guard by way of New London and to New York City which was then the Head Quarter of General Washington
Page 5

the guard, then, following the fortunes of the Commander in Chief, crossed over upon Long Island where there was a battle fought of the particulars of which this narrator has now no distinct recollection.  From thence the Army returned to New York and were marched to White Plains and were on their march joined by General Lee - This applicant had the honor of sustaining a part of the Battle of White Plains.  Then with the army crossed the North River - the army then retreated into Jersey - He was in the Battle of Trenton and shared in the honor of taking the Hessians.  Then crossed the Delaware into Pennsylvania and soon afterwards we crossed into Jersey and fought the Battle of Princeton.
In the Winter of 1777 his term of service having expired he was solicited by General Washington to rejoin the army , and to take the necessary measures for recruiting a troop of Horse, and to procure as many of the body guard to join it as he possible could. 
this, was on account of the attachment which the General felt for them, and the confidence he had in them, they being mostly active, youthful and efficient men, to which the applicant  ?, and as soon as the proposition was made, Twenty two of the guard including himself, enrolled their names as Light Dragoons to serve for the term of three years or during the continuance of the war unless sooner discharged by Congress.  A Troop of about fifty in number being recruited.  G. W. Lewis Esq. a relative of General Washington was appointed to the command thereof and they were marched to Morristown in Jersey where General Washingtons' army there lay.
General Washington then made choice of the same 22 dragoons this narrator being one of them as his Horse Guard. They marched with him to various places and hutted at Valley Forge in Pennsylvania, sharing great privations and hardship both on account of Clothing and otherwise during a long and inclement winter.  The remainder of the troop being under the command of a Captain Jones were attached to Col. Baylor's Regiment, but where ordered or stationed he cannot now recollect.  In the Fall of 1777 was in the battle of Germantown in which General Washington commanded in person and by his orders this narrator was the bearer of a Flag of Truce under the command of a Deputy Adjutant General (whose name is not remembered) to the army entrenched in Chew's House, commanding them to surrender.  It was not permitted to approach within speaking distance of the house before they were fired upon,  and the Deputy
Page 6

Deputy Adjutant General shot through the knee of which he died in less than three days, after which even, the american forces retreated to a place then called the Trap.  soon after General Washington marched to prevent, or repel, the landing of the British forces upon the Chesapeake.
The army, this narrator, being one of them marched to a place called Cook's Bridge (and there created some fortifications) near the Head of Elk as it as called.  from this place, the army retreated to Chadd's Ford, upon Brandywine, and made a stand where the memorable Battle of Brandywine was fought in which battle bore a part.  And during the battle saw the sword of General Woodford fall from his hand picked it up- the General was shot through the hand by a musquet Ball - after this Battle, the americans retreated to Chester.  He further declares that he was in the Battle of Monmouth and was the bearer of a note or dispatch from General Washington to General Lee, on the evening before this battle, which he confidently believes, contained orders, relative to that battle, which were not obeyed by General Lee, and for which disobedience he was afterward tried by a Court Martial and suspended.
This narrator further declares that he served out both his terms of enlistment.  The first for one year and the last for three years, faithfully, making together the term of four years in succession which he served in the army of the Revolution as a Regular soldier. and, he also further declares that at the end of his services as mentioned he was presented by Col. William Washington with an honorable discharge which was accompanied with a request that he would again engage in the service of his country as a recruiting serjeant and with the promise of promotion - that he did make the attempt and used every means in his power to procure recruits but entirely failed of success.  That the said discharge from Col. Washington to which he alludes was in his possession until about the year 1828, that about that time he forwarded it to the War Department, as a voucher, in order to enable him this declarant to obtain the benefit of the then existing laws for the relief of the surviving soldiers of the Revolution - that his application was not successful and that he has never since then had or seen his said discharge, but he is nevertheless proud to say that there will be found appended to his application three several papers, two of them signed by the same gallant and distinguished officer (Col. W. Washington) relative to the services of this applicant.
Page 7

which have remained in his possession ever since their date - the other, singed by Major Call - Capt. Baylor and other officers of the light Dragoons of the Revolutionary army without date but which the applicant avers was given to him at the time these gentlemen were in the Tented field and without solicitation from this applicant all of which give honourable Testimony of the Estimation in which his services and his character were hold by his Superiors in arms and are, either of them, sufficient in his opinion to prove beyond all question that he is what he represents himself to be.   And in conclusion declares that he hereby relinquishes every claim whatever to a pension or an annuity except the present and he declares also that his name is not on the Pension roll of any agency in any State.

Carswell Gardner

Sworn and Subscribed in open Court the date aforesaid
John W. Cunningham

And now to wit same day the said court do hereby declare their opinion that the above named Carswell Gardner was a revolutionary soldier and served as he states in the narrative he has given.

By the Court,

John W. Cunningham
Page 8

Act 3 Feb. 1853


Revolutionary 

March 1840

May 
1853



George W. Hudders
Oxford Borough
Chester Co.
Pa
Page 9

State of Pennsylvania
County of Chester, s.s.

On this nineteenth day of April AD one thousand and Eight hundred and fifty three personally appeared before me Joseph Hodgson Esquire, on the of the Judges of the Court of Common Pleas of the County of Chester in the State of Pennsylvania, Elizabeth Gardner a resident of Penn Township in the county of Chester and State aforesaid aged seventy five years who first being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed on the 3rd day of February AD 1853 granting pensions to widows of persons who served during the Revolutionary war:  that she is the widow of Carswell Gardenr who was a private and Serjeant in the Army of the Revolution, in which he enlisted near Boston, in the year 1776 under Capt. Barclay of Col. Ward's Regt. of Inantry for the term of one year during which term he was taken prisoner and from which imprisonment he escaped and re-joined his Regiment and before the expiration of his enlistment, was drafted from his company for the purpose of forming a foot Guard for General Washington in which he was appointed Sergeant and Capt. Gibbs to command:  and in this capacity was at the battles of White Plains, Trenton, Princeton, and Brandywine, and was honorably discharged, and received a pension from the United States under the act of Congress
Page 10

of June 7th 1832 which was paid by the pension agent at Philadelphia and that he left the service in 1780.
She further declares that she was married to the said Carswell Gardner on the thirteenth day of April AD one thousand Eight hundred and twenty five, that her said husband died in New London Township in the County and State aforesaid on the twentieth day of October AD One thousand Eight hundred and forty:  that she was not married to him prior to the second of January AD one thousand and Eight hundred:  but at the time above stated:  She further declares that she is now a widow.

Elizabeth Gardner (her mark)

Witnesses present:
Robert G. McClenachan
Joseph Hodgson

Sworn to and subscribed on the day and year above written before me; and I hereby certify that the applicant Elizabeth Gardner from bodily infirmity is unable to attend Court.

Joseph Hodgson
Associate Judge
Page 11

Chester County s.s.

I William Wollerton,  Prothonotary of the Court of Common Pleas for the County of Chester in the Commonwealth of Pennsylvania DO certify that Joseph Hodgson Esquire before whom the foregoing affidavit of Elizabeth Gardner was made was at the time thereof an Associate Judge in and for the County of Chester( which county and Delaware Co. compose the fifteenth Judicial District of said Commonwealth) to all whose official acts full faith and credit are due.

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at West Chester in said County this nineteenth day of April AD one thousand Eight hundred and fifty three.

William Wollerton
Prot.
Page 12

State of Pennsylvania 
County of Chester ss.

On the ninth day of August AD one thousand eight hundred and fifty three, personally appeared before me, Joseph Hodgson Esq. one of the Judges of the Court of Common Pleas of the County of Chester and State of Pennsylvania, Robert P. Dubois, pastor of the Presbyterian Church of New London in the county and state aforesaid, who on his solemn oath did declare and say that he is personally acquainted with Mrs. Elizabeth Gardner who is named in the accompanying papers, and that he believes her to have been lawfully married to Carswell Gardner who died in October AD 1840.  He further states that the grounds on which this belief is founded are mainly these three:  1.  That from the time of his first acquaintance with them in the year 1836 until the death of Mr. Gardner they lived together as man and wife, and were so regarded in their neighborhood, no word to the contrary having ever been spoken in his hearing.  2.  That they were both members of the Presbyterian Church of New London in good and regular standing, as she is still, which, he is fully persuaded from the character of the pastor and session of that Church, they would not have been allowed to be, if they had not been lawfully married.  3. That he has in his possession the record of marriages kept by the Rev. Robert Graham his predecessor in the pastoral office at New London,in which he finds it recorded that Carswell Gardner and Elizabeth Johnson were married by him on the 13th day of April AD 1824, the said Elizabeth Johnson being the present Mrs. Elizabeth Gardner aforesaid.
He also further states that he believes the said Carswell Gardner to have been a soldier of hte Revolutionary War, he can be frequently so stated in his hearing, and because he was so told by the late General John. W. Cunningham through whose agency his pension money was usually drawn.  He also states that in this matter he is a disinterested witness.

Robert P. DuBois

Sworn to and subscribed on the day and year above written and I do hereby
Page 13

certify that the Rev. Robert DuBois is a credible witness.

Joseph Hodgson


State of Pennsylvania
Chester County ss.

I William Wollerton Protonotary of the Court of Common Pleas in and for the County of Chester DO certify that Joseph Hodgson Esq.  before whom the foregoing affidavit was made, was at the time the same ? date and now is an Associate Judge of the County of Chester, duly commissioned and qualified, to all whose official acts as such, due faith and credit are and of right ought to be given and that the above is his genuine signature.

Witness my hand and the seal of the said Court at West Chester in said County this Twelfth day of August AD. One thousand eight hundred and fifty three.

William Wollerton
Prot.
Page 14

State of Pennsylvania
County of Chester ss.

On this ninth day of August AD one thousand eight hundred and fifty three personally appeared before me Joseph Hodgson Esq. one of the Judges of the Court of Common Pleas of the County of Chester State of Pennsylvania Margaret Crooks a resident of the township of Penn County and State aforesaid who being duly affirmed, according to law declares, that she is well acquainted with Elizabeth Gardner widow of Carswell Gardner deceased, who was a soldier of the Revolutionary war; that she was present at the time of the marriage of the said Carswell Gardner and Elizabeth Gardner and they were married by the Rev. Robert Graham on the 13th day of April AD 1825.
She further states that said Carswell Gardner died in Chester County and State aforesaid on the 20th day of October AD 1840 and that the said Elizabeth Gardner is still living and the widow of Carswell Gardner deceased , and that she is a disinterested witness.

Margaret Crooks (Her mark)

Witnesses present
Joseph Hodgson
Amy Townsend

Affirmed to and subscribed  on the day and year above written before me, and I do hereby certify that Margaret Crooks is a credible witness - further that I was well acquainted with Carswell Gardner deceased who was a soldier of the Revolutionary war; and Elizabeth Gardner his widow, and knew them to live together as man and wife, I believe them to have been married by Rev. Robert Graham; and that the said Carswell
Page 15

Gardner died in Chester County State of Pennsylvania and that the said Elizabeth Gardner is still living and the widow of Carswell Gardner decd.

Joseph Hodgson

State of Pennsylvania
Chester County ss.

I William Wollerton Protonotary of the Court of Common Pleas in and for said County DO certify that Joseph Hodgson Esq. before whom the foregoing declaration was made was at the time the same bears date and now is an Associate Judge of Chester County, duly commissioned and qualified to all whose official acts as such due faith and credit are and of  right ought to be given and that the above is his genuine signature.

Witness my hand and the seal of said Court at West Chester in said County this fifteenth day of August AD One thousand eight hundred and fifty three.

William Wollerton
Prot.
Page 16

Carswell Gardner supposed to be born Nov. 19th 1755
Sarah Gardner Born Nov. 8th in the year of our Lord 1756,
Benjamin Gardner.  Son of Sarah and Carswell Gardner was born Sept. 27th in the year of our Lord 1790.
Sarah Jean Eddams Gardner, Daughter of Benjamin and Amy Gardner was born July 25th in the year of our Lord 1812.
Elijah Gardner was born November 16 in the yar of our 1815.

Carswell Gardner married to Sarah McMasters Feb. 11th 1778.
Carswell Gardner married to Elizabeth Johnston 13th day of April 1825.

I hereby certify the above to be
Page 17

a true copy of the original Family Record now in this office.

S. P. Waldo

Commissioner of Pensions

Pension Office
April 22, 1853
Page 18

No. 5564



Admitted
Sergeant of 
Dragoons
3 yr.s
$180

Hon. D. Potts
HR


180
90
------
270
Page 19

Brief in the Case of Carswell Gardner
of Chester Co. in the State of Pennsylvania
(Act 7th June, 1832)

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

Court of Common Pleas

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.  How old is he?

76 years

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

Period - in 1776

Duration of Service - Enlisted for 1 year before the time expired was drafted for Washington's Guard
Served out both terms of enlistment, the first for 1 year, the 2nd for 3 years

4 years

Rank -as a Private and Sergeant

Names of General and Field Officers under whom he served

Capt. Barclay, Col. Ward
Capt. Gibbs

5. In what battles was he engaged?  Long Island, White Plains, Princeton, Trenton, Germantown, Brandywine, Monmouth

6.  Where did he reside when he entered the service?

Enlisted near Boston

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

Documentary proof.  He also states that his discharge is in the War Dept.

8.  Are the papers defective as to form or authentication?  and if so, in what respect?

Correct

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

D. Brown
Examining Clerk
Page 20

Rev. & 1812 Wars Section
July 7, 1924


Honorable Mell G. Underwood
House of Representatives


My dear Mr. Underwood:

In response to your letter of the first instant, I have the honor to advise you that from the papers in Revolutionary War pension claim, W.1409, it appears that Carswell Gardner was born November 19, 1755.
He enlisted near Boston in 1776 for one year as a private in Captain Barclays' Company, Colonel Ward's Massachusetts Regiment, was taken prisoner at Dorchester Neck, carried to Boston where he continued a prisoner for about six weeks, part of the time in prison and the latter part thereof on board, "The Empress of Russia" then lying in Boston Harbor, made his escape and returned to his Regiment.  Before his term of enlistment expired he was drafted from his Company and appointed Sergeant in General Washington's Foot Guard under the command of Captain Gibbs and was in the battles of White Plains, Trenton, and Princeton.
He re-enlisted in the winter of 1777 as a Sergeant in


(Note at top of Letter)
Letter of soldier, undated, but signed and added "an old Continental soldier" was cut from an old letter book, placed in this claim after this letter 1924, was written.
7
Page 21

General Washington's Horse Guard, served three years, was in the battles of Brandywine, Germantown, and Monmouth and was discharged from Colonel Baylor's Third Regiment of Light Dragoons.
He was allowed pension on his application executed August 21, 1832, while a resident of New London Township, Chester County, Pennsylvania.
Soldier married February 11, 1778, Sarah McMarsters (born November 8, 1754).  Their son, Benjamin, was born September 27, 1790.
Soldier married April 13, 1824 or 1825, in New London Township, Chester County, Pennsylvania, Elisabeth Johnson or Johnston.  He died there October 20 or 22, 1840, and the widow, Elisabeth, was allowed pension on her application executed April 19, 1853, while a resident of Penn Township, Chester County, Pennsylvania, aged 75 years.
Sarah Jean Eddams Gardner, daughter of Benjamin and Amy Gardner was born July 25, 1812. Elisa H. Gardner was born November 16, 1815, relationsip not stated.

Sincerely,

Commissioner

Note:
Did not mention his first application as pension was not allowed on it. Did not use the date of death given on the jacket as no name is stated.
N.M.
Page 22

Gardner, Carswell
Cont. - Mass   W1409
Page 23

The Commissaries at the Respective Stages through which Carswell Gardner may pass are requested to furnish him with Rations he having served the full time of his enlistment and is now returning home.
W. Washington
Lt. Col.

June 14th 1779
Page 24

Gardner, Carswell
Cont.-Mass  W1409
Page 25

Carswell Gardner Sergt.  in the 8th Regt. Light Dragoons having faithfully served in the said Regiment for the term of three years throughout the whole of which he has conducted himself in a manner meriting the highest applause, we whose names are underwritten beg leave to recommend him to the public as a man of great sobriety, assiduity, and integrity.


Richard Call Major
Walker Baylor Captain
William Barnet Lieutenant
Robert Morrow
Chiswell Barrett Lieutenant
Page 26

Gardner, Carswell
Cont.-Mass.  W 1409
Page 27

May 22nd 1778

The Quarter Master and Forage Masters are requested to permit Sergeant Gardner with as many days to Forage and Rations for this party as he may think proper to draw.

W. Washington
Lt. Col
Page 28

Declaration of Carswell Gardner
5564
Page 29

Commonwealth of Pennsylvania
Chester County ss

I John W. Cunningham Protonotary of the Court of Chester do certify that the foregoing declaration contains the original proceedings in the matter of the application of Carswell Gardner for a pension.

In testimony whereof I have hereunto set my hand and affixed the seal of said Court at West Chester in the said County of Chester the twenty first day of August in the year of our Lord one thousand eight hundred and thirty two.

John W. Cunningham
Prot.
Page 30

Mell G. Underwoot
11th District Ohio

Committees:

Invalid Pensions
Mines and Mining
Enrolled Bills

Congress of the United States
House of Representatives
Washington, D.C.


Congressional.

Mr. Washington Gardner,
Commissioner of Pensions,
Bureau of Pensions,
Washington, D.C.

Dear Sir:

Will you please send me the military record of Carswell Gardner, a Revolutionary soldier, in order that his daughter, Mrs. Mary V. Thomas, of New Straitsville, Ohio, may present such record in support of her application to join the Daughters of the American Revolution?

Thanking you for this kindness, I am,
Yours truly,

Mell G. Underwood
Page 31

Revy. Widow, & c.

File No. 1409
Elizabeth Gardner
Widow
Carswell Gardner
Sergt. Rev. War

Act. Feb. 3, 1853

Index:  - Vol. A   Page 262

[Arrangement of 1870]




1924, July 7 - Hist. to Hon. Mell G. Undewood
Page 32

No. 1349

Elizabeth Gardner
widow of Carswell

Pa.


Sent to George W. Hudders
July 12, 1853


Act. February 3, 1853
Page 33

April 2nd 1853

Appl. of Elizabeth Gardner
widow of Carswell Gardner
Chester County 
Pa.

5991

Act. 3rd February 1853

Rev:

Admitted $180 per annum

Commencing 3rd February 1853

George W. Hudders
Oxford
Chester Co.
Pa.
Page 34

Aug. 18

Hon. L. P. Waldo

Commissioner of Pensions
Washington City, D.C.

Elizabeth Gardner
widow
Carswell

Geddes
1853
Page 35

July 12 1853
Page 36

29

Pension Office
July 12, 1853


Sir,

The identity of Mrs. Elizabeth Gardner as the widow of the identical Carswell Gardner who was a revolutionary pensioner and inscribed on the Pennsylvania rolls, must be proved in the manner designated in the enclosed circular dated June 1st, 853 before her claim can be disposed of.

The only evidence upon this point, filed, is the affidavit of Margaret Crooks, whose credibility is not certified by the officiating magistrate.

Very Respectfully,



George W. Hudders Esq.
Oxford
Chester County
Pennsylvania
Page 37

Pension Office
June 24, 1853

Sir

Please state the time to which Carswell Gardner a revolutionary pensioner was last paid; or (if the information be on file in your office) the date of his death.  He was pensioned, as sergeant, under the act of 7th June 1832 at $180 per annum.
Pension made payable at the Philadelphia agency.

Very respectfully,
Your obedient servant,
S. Cole

For the Commissioner of Pensions
Died 22nd October 1840, Paid to his death
F. Burt
Auditor

Francis Burt Esq
Third Auditor
Treasury Department
Page 38

Pension Office
April 11, 1857

Sir,

Your letter in relation to the balance of pension due Elizabeth Gardner of Pa. at her death, has been referred to the Third Auditor, who will give the desired instructions.


R.E. Monaghan Esq.
West Chester
Penna.
Page 39

Hon. John W. Forney
Clerk H.R.
Dec. 20/53
Page 40

290

Pension Office
December 20, 1853

Sir:

In reply to the enclosed letter, I have to inform you that Carswell Gardner of Chester county, Pennsylvania, died on the 22nd October 1840, and the arrears were paid to his death.
His widow, Elizabeth Gardner, was allowed a pension under the act of 3rd February 1853, payable at Philadelphia.  If this has not been drawn, it is payable to her heirs.

Hon. John W. Forney
Clerk 


Rev.
Page 41

Oxford Boro:  Chester Co. Pa.
August 17th/53

Dear Sir:

Yours of the 12th inst. was received but being absent from home at that time, since then Court being in cusion I was unable to attend to it.

You will notice a difference of one year in the Bible record and the Record of Reverend Robert Graham a mistake which might have occurred from Mr. Gardner neglecting to down his marriage for some time after he was married. 
I hope the certified copy of the record of the family Bible which is filed in your office connected with affidavits of Crooks and DuBois and the certificate of Judge Hodgson may prove satisfactory and that her claim may be disposed of soon as Mrs. Gardner is really in very low circumstances.

Your obedient servant,

G.W. Hudders

Hon. L.P. Waldo
Commissioner 
Washington D.C.
Page 42

New Letter Received
Jun 22}

FRrr


Hon. S.D. Ingham Esq.

Secretary of the Treasury
Washington City




Upside down
J.W. Cunningham
for 
C. Gardner
Received 24 June 1829

109
Page 43

Dear Sir:

At the particular request of Mr. Carswell Gardner my neighbour an old and worthy soldier of the Revolution who was fighting the battles of his country, before I was borne.  I forwarded his papers agreeably to the regulators of the proper Department to Col. Ogden at the seat of government for whom they passed to the commanding inspector of your predecessor who after considering the forwarded articles to me states, that his claim had not been admitted and that he was " nevertheless willing to re-examine the case with the aid of any additional evidence which has might be able to furnish
After which Mr. Gardner forwarded to the Treasury Department a statement of his services and the particular circumstances, under which he claimed, a copy of which I now enclose,as in consequence of the intention of my ? a copy of the same circular has since been secured by Mr. Gardner - The only document in Mr. Gardner's possession was his discharge in the proper hand of Col. Washington  and which will be found in your office.
I most respectfully solicit your most liberal consideration of the application, the applicant is a man whose honor and probity and genuine good character as well as his poverty recommends him strongly to the bounty of our country.  Your answer granting the request he has made (although I have no interest whatever in the matter except on the score of humanity and natural Justice) will confer a particular favor on the applicant and your humble servant.

John W. Cunningham
New L.t Road
Jan. 22, 1829


Hon. S.D. Ingham
Page 44

Brief in the case of Elizabeth Gardner, widow of Carswell Chester

County and State of Pennsylvania 

Act 3d February 1853

Claim ("original")

Proof exhibited, (if original.)

Is it documentary, traditionary, or supported by rolls? If either, state the substance. 

Husband was a pensioner under the act of June 7, 1832. 
Marriage proved by verified copy of Family Record.

(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what? 

Geo. W. Hudders Esq
Oxford.
Name and residence of Agent 
Chester Co. 
Penna, Globle
Page 45

Hon. Richard Rush
Secy of the army
Washington
Page 46

Recd 22 Dec 1828.

Dear Sir
The enclosed memorandum was
furnished to me by Gen J. W. Cunningham
with a request that I would give him
any information relation to the claim
of Carswell Gardner as for as I could
obtain it I shall therefore feel
indebted to you, if you will transmit
the memo. to the proper department
of your office with a request that
any information relation to his claim
may be given to me as early as
convenient
very truly yours
J. D. Barnard
Washington Dec 20. 1828

Hon. Richard Rush
Page 47

State of Pennsylvania
Chester County

On this Eighteenth day of
April A.D. one thousand Eight hundred and
fifty three personally appeared before me a
Justice of the Peace in and for County aforesaid
Hachel H Edwards a resident of East Nottingham
Township in the County and State aforesaid
who being affirmed according to law declares
that she has examined the family Bible of
of
Creswell Gardner deceased and believes that the
entry therein made of the marriage of
Creswell Gardner and Elizabeth Gardner
his widow is correct; and further declares that the
said Creswell Gardner died on the 20th
day of October A.D. 1840, and that she
is a disinterested witness
Rachel H Edwards
S.S.
Sworn and subscribed the day and
year
first above ritten before me
Chester County SS.
John M Kelton
I John M. Kelton one of the Justice of the
Peace in and for the County of Chester and
State of Pennsylvania having examined
the Family Bible of Creswell Gardner
deceased and the witnesses Margaret
Crooks and Rachel Edwards under oath
as to the genuineness of the record of the
Marriage of Creswell Gardner and Elizabeth ┃
Gardner therein contained do hereby certify
that I believe the said record to be correct
and the witnesses are credible
Page 48

The record is as follows:  "Carswell Gardner married to Elizabeth Johnston 13th day of April 1825." And that the Bible was "printed for Matthew Carey No. 118 Market Street Philadelphia October 27th 1802."

John M. Kelton
Justice of the Peace


State of Pennsylvania
Chester County ss.

I William Wollerton Protonotary of the Court of Common Pleas in and for said County DO certify that John M. Kelton Esq. who has certified the foregoing was at the time thereof an acting Justice of the Peace in and for said County duly Commissioned and qualified to all whose official acts as such the faith and credit are due.

Witness my hand and seal of said Court at West Chester in said County this nineteenth day of April One thousand eight hundred and fifty three

William Wollerton 
Prot.
Page 49

State of Pennsylvania
County of Chester

On this eighteenth day of April AD. one thousand eight hundred and fifty three personally appeared before me a Justice of the Peace in and for the said County aforesaid Margaret Crooks a resident of the Township of Penn County and State aforesaid who being duly affirmed according to law declare that she is well acquainted with Elizabeth Gardner widow of Carswell Gardner deceased who was a soldier of the revolutionary war:  that she was present at the time of the marriage of the said Carswell Gardner and Elizabeth Gardner who were married by the Reverend Robert Graham on the 13th day of April AD 1825 that she has examined the family Bible of the said Gardner and finds that the record of the marriage correctly entered therein.
She further states that the said Carswell Gardner died in Chester County State aforesaid on the 20th day of October AD 1840 and that she is a disinterested witness.

Margaret Crooks 

Witness present
Thomas Townsend

Sworn to and subscribed on the day and year above written before me

John M. Kelton
Page 50

Narration of Carswell Gardner revolutionary soldier


Sir:

As Col. Washington has been dead these many years I have no evidence, that I can produce but on my own, I think it my duty inform you how I came to be in possession of the three years discharge - I state that I was solicited to enlist as many of the foot guard as I could for a guard of Horse for his excellency - George Washington - The enlisting orders was accordingly wrote for three years or during the war - unless sooner discharged by Congress - Some of the men that levied for to the Northern objected to enlisting for during the war, but  being told the war would soon be over subscribed their names.  After the troop was made up it went to head quarters and  combined with his excellency until he went to West Point.  We were then ordered to join Col. Baylor's regt. then commanded by Col. William Washington.  The Regiment being ordered to the southward some of the men who belonged to the northern got dissatisfied and requested me to petition the Colonel for their discharge. I told them they were enlisted for during the war and that they could not be discharged but to satisfy them I wrote a petition to the Colonel and he consented to discharge ten of them ( I think)  - when I went to received their discharges he had one made out for me also - I told him I had enlisted for during the war and did not want a discharge, but if he would present me to go I would go and enlist as many men as were discharged and offered him back my discharge  - the colonel then told me to take the discharge with me - it would do in place of a furlough - I accordingly went on and on the ? engaged ten men and when I was about marching with them I found the Regiment was gone to Carolina - the army being at York Town - I then went on myself and before I got to Baltimore I learned that the British army had surrendered.  I some time after received a letter from Richmond directing me to come there for a settlement - when I came there Colonel Washington was not there to make the proper release and he had released me as he left me
Page 51

I expected it would make no difference and continued as a non/commissioned officer  in the Continental Establishment and I was satisfied all was right but considered myself to have enlisted for during the war and was engaged in the service until the end of the war.

I heretofore respectfully pray your  Excellency to take my case again at your sincere consideration and permit me to share in the bounty of my country, as I have need of it and have honestly acquired all the expectation I have to it.  What I say is true and will be sworn to if required.

I am your servant 
Carswell Gardner
an old continental soldier


To the Hon. 
the Secretary of the Treasury
Page 52

1828 papers
to be filed
with Ad.
O.C. widow
File # 1409
Page 53

Carswell Gardner - Sergeant

Col. Washington - Light Dragoons



Penn.

Extract one old Book and R/-

Widow file no. 1409
Page 54

C. Gardner

See letter 2210. - 




Hon. Richard Rush

Secretary of Treasury


Handed to me by Mr. Miller of the H.R. who is to be apprised of the state of the case

R.R.
Page 55

808

Dear Sir:

As Col. Washington has been dead this many years I have no evidence that I can provide but my own I think it is my duty to inform you how I came in possession of the three years discharge I stated that I was solicited to enlist as many of the foot guard as a I could for a guard of horse for his excellency General Washington/
The enlisting orders were according by rote for three years or during the war unless sooner discharge by Congress some of the men  that lived far to the north and objected to enlisting for during the war but being told the war would soon be over subscribed their names after.
The troop was made up we went to head Quarters and continued with his Excellency until he went to West Point .  We were then ordered to form Col. Baylor's Regiment.  Then Commanded by Colonel William Washington the Regiment being ordered to the southward some of the men that belonged to the northward got dissatisfied and requested me to petition to the Colonel for their discharges.  I told them they were enlisted for during the war and they could not be discharged but to satisfy them I wrote a petition to the Colonel and he consented to discharge as many as ten when I went to receive their discharges he had one for me, I told him I had enlisted for during the war and did not want my discharge But if he would permit me to go I could go and enlist as many more and offered him the discharge he told me to take it with me it would do in place of a furlow, I went, and in the winter I
Page 56

engaged ten and when I went to get them to go out the Regiment was gone out to Carolina the army being at Yorktown in Virginia. I then went on my self and before I had got as far as Baltimore the British Army had surrendered I then returned and I some time after received a Letter from Richmond to come there for a settlement.  When I came there Colonel Washington not being there to make my return and he had returned me as he left me.  I expected it would make no difference as I had got all that was promised.
And considered as a non-commissioned after under continental establishment I was satisfied that all was Right, but I considered myself to have word for during the war and was engaged in the service until the end of the war.  I therefore respectfully pray your excellency to take my case again into your sincere consideration and permit me to share in the bounty of my country as I have need of it and have honestly  acquired all the pretenses I have to it. What I say is true and will be sworn to if required.

I am Your sincere friend,

Carswell Gardner

an old Continental soldier
Page 57

REVOLUTIONARY CLAIMS

Treasury Department
Sept. 13, 1828

Carswell Gardner, of New London Township in the County of Chester in the State of Pennsylvania has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the Revolution," approved the 15th of May, 1828.  He states that  he enlisted in the Continental line of the army of the Revolution, for and during the war, and continued until its termination, at which period he was a Sergeant in Captain ......'s company, in Col. Washington's regiment of Light Dragoons; and that he received a certificate for the reward of eighty dollars, provided by the resolve of the 15th of May, 1778; and further that he was on the 15th day of May, 1828, on the pension list of the United States, and that he has received as a pensioner since the 3rd of March, 1825, nothing.

The Third Auditor is requested to report how far the several statements are corroborated by the records in his office.

By the orders of the Secretary,
A. Dickins


Treasury Department

Third Auditor's Office
20th September 1828

The name of Carswell Gardner cannot be found among those of the Virginia line to whom Certificates were issued for the gratuity of Eighty Dollars
If the applicant received his gratuity Certificate in any other than the Virginia line, it must be stated before any further examination can be made.

Peter Hagner
Page 58

General Land Office
26th December 1828


I certify that happens from the list of Warrants issued by the Register of the Land Office at Richmond VA that Carswell Gardner is stated to have served three years as a Sergeant and as such a Warrant for 200 acres was issued in his name.

George Graham
Commissioner
Page 59

975

C. Gardner
received Sept. 8, 1828
asked 13

Carswell Gardner

declaration 
Received 8 Sept. 1828
Page 60

For the purpose of obtaining the benefit of an Act for the relief of certain surviving officers & solders of the Revolution approved the 15th day of May 1828. I Carswell Gardner of the Township of New London in the County of Chester and State of Pennsylvania Do hereby declare that I enlisted in the Continental line of the army of the Revolution for and during the war and continued in its service until its termination at which period I was a serjeant in the third Regiment light dragoons commanded by Lt Col. William Washington of the Virginia line (and was regularly discharged which discharge is to much thereof as has not been destroyed by time & accident is attached to this my declaration - that the fold of paper on which was written the place and date of my discharge has been lost or destroyed) and I also declare that I afterwards received a certificate for the reward of Eighty Dollars to which I was entitled under a resolve of Congress passed the 15th May 1778

And I further declare that I was not on the 15th day of March 1828 on the pension list of the United States

July 14th 1828
Carswell Gardner

[a piece of paper appears to have been attached which reads as follows:]
Sergeant Gardner having served three years  in the 3d Regiment of Light Dragoons is hereby discharged. The Conduct of the said Gardner has been {illegible} having behaved himself in an orderly & decent manner & in his office with activity & attention
W. Washington
Lt Col 

[Text of underlying letter resumes]
County of Chester in the State of Pennsylvania personally appeared this day Charles Bilos and John W. Cuningham - who did serverally affirm & swear that Carswell Gardner by whom the foregoing declaration is subscribed is generally reputed and believed to have been a soldier in the army of the Revolution in
Page 61

For the purpose of obtaining the benefit of an Act for the relief of certain deserving officers & soldiers of the Revolution approved the 15th day of May 1828. I Carswell Gardner of the Township of New London in the County of Chester and State of Pennsylvania Do hereby declare that I enlisted in the Continental line of the army of the Revolution for and during the war and continued in its service until its termination at which period I was a serjeant in the third Regiment light dragoons commanded by LtCol. William Washington of the Virginia line (and was regularly discharged which discharge is so much thereof as has not been destroyed by time & accident is attached to this my declaration - that the fold of the paper on which was written the place and date of my discharge has been lost or destroyed) and I also declare that I afterwards received a certificate for the reward of Eighty Dollars to which I was entitled under a resolve of Congress passed the 15th May 1778

And I further declare that I was not on the 15th day of March 1828 on the pension list of the United States 
July 14th 1828
Carswell Gardner


County of Chester Ss
[drawing depicting a Seal]
Before me Robert M Waugh Esquire one of the Justices of the Peace in and for the said County of Chester in the State of Pennsylvania personally appeared this day Charles Biles and John W Cunningham - who did severally affirm * swear that Carswell Gardner by whom the foregoing declaration is subscribed is generally reputed and believed to have been a solder in the army of the Revolution in
Page 62

manner as therein stated. Witness my hand this Twenty first day of July in the year one Thousand Eight Hundred and Twenty eight 1828
Robert M. Waugh

State of Pennsylvania
Chester County Ss
I William Darlington Protonotary of the Court of Common Pleas in and for said County Do Certify that Robert M Waugh Esq. before whom the foregoing affidavit was made is and was at the time of receiving the same a Justice of the Peace acting in and for said County, duly commissioned and qualified and that full faith and credit ought to be given to all official acts by him done. 

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at West Chester the 4th day of August AD 1828.

Wm Darlington, Prot.
Page 63

THE NATIONAL ARCHIVES
Form VAM-51
12-9-41

Division of Veterans' Administration Archives
 
BOUNTY LAND WARRANT RECORD CARD*

NAME Gardner, Charles GRADE Private 
LINE Massachusetts

WARRANT NUMBER 4204 and 4363
ACREAGE 100 ISSUED July 3, 1795 to Edward Stowe

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.