Revolutionary War Pension and Bounty Land Warrant Application File R. 3907, Christopher Gardner, Del.

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(3-1776)
SERVICE  NUMBER
Del.  Gardner, Christopher  R. 3907.
CONTENTS 1 Gardener, Christopher

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State of Georgia, Gwinnett County, Superior Court September Term 1832 on this tenth day of September 1832 - Personally appears in open Court it being a Court of Record, now sitting. Christopher Gardner a resident of the State & County affirmed aged seventy two who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress dated June 7th 1832. 
That he entered the service of the United States under the following named officers & served as herein stated, to wit that he entered the service - as enlisted soldier in the year 1776 under Capt. Enoch Anderson, Lieutenants Dorsey & Duff & Ensign Hyat attached to Col Hall's Regiment. Small Brigade & Sulivans Division. That he resided at the time of his Enlisting in the State of Delaware & County of New Castle that he enlisted for during the war & at the close of which he was regularly discharged, but have since his said discharge. Was in the battles of Brandywine, Germantown, Statten Island, besides a great many services his after the close of the war & he got his discharge he settled in New Castle County in said State of Delaware for some years from there he moved to the State of Pennsylvania & Cumberland County & from there he came to the State of Georgia in the year 1786 or 1787 & settled in Wilkes County in said state from there he moved to Franklin County & from thence to Henry County & from thence to Gwinn in said State where now resides. That he recollects of no person living who can prove this

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Services that he was also regularly discharged by his commanding officers that his discharging is lost or mislaid so that he cannot find it that he was born in Ireland in the year 1760 & came to America 1774 that he has no documentary evidence whereby he can prove the same'; he hereby relinquishes every claim whatever to a pension or annuity except the present - and declares that his name is not on the pension roll of the agency of any State. 

Sworn to & Subscribed the day & year aforesaid, 
Christopher [his mark] Gardner
Charles Dougherty J.S.C.G.C.
G Park Elle S.C.G.C

[Illegible Seal with Gwinnett County under]

And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states. Given under my hand & seal this 14th of Sept 1852. 
C Dougherty  [illegible]
[illegible] of SC

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Christopher Gardner
Georgia
No. 21754
Rep see let: to J.G. Parke
Lawrenceville C.H.
Ga.
June 6. 1833

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War Department
Pension Office
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them, and you will, by complying with this request, greatly facilitate the investigation of your claim. 

A Statement, showing the Service of Christopher Gardner 
Period when the service was rendered
Duration of the claimant's service. Years. Months. Days. 
Rank of claimant. 
Names and Rank of the Company officers under whom he served. 
Names and Rank of the General and Field officers. 
Battles in which the applicant was engaged. 
Country through which he marched. 
Place of abode when he entered the service, and age at the present period. 
Evidence by which the declaration is supported.

1776 enlisted discharged at the close of the war
Pri.

Capt. Enoch Col. Anderson Hall
Brandywine
Germantown
Statten Island

72 years
 New Castle County Delaware


I am, respectfully, Your obedient servant, J. L. Edwards, Commissioner of Pensions.

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION.

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory or District of }
County of                               } ss.

On this (space) day of (space) personally appeared (a) before (space) A.B. a resident (b) of (space) in the county of (space) and State, Territory or District of (space) aged (c)

years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provion (sic provision) made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) (space), with (space) and served in the (e) regiment of the (space) line, under the following named officers: (space)


[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged. and the country through which he marched. (decal finger point) This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia,  volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of (space)

Sworn to and subscribed the day and year aforesaid. (space)  A.B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary
soldier, and served as he states.

I (space) of the Court of (space) do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of (space) for a pension.

In testimony whereof I have hereunto set my hand and seal of office (i) this (space)
day of (space)
& c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A. B., a Clergyman, residing in the (space)  and C.D. residing in (the same) hereby certify, that we are well acquainted with (space) , who has subscribed and sworn to the above declaration; that we believe him to be (space)
years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the day and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate, is a clergyman, resident in the (space)
and that C.D., who has also signed the same is a resident in the (space) and is a credible person, and that their statement is entitled to credit.

I. (space) Clerk of the Court of (space) do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the application of (space) for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this (space) day of (space) &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission ; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

(cont)

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will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provide, according to the nature of his case.

The court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called in to service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served, such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a Soldier, Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
To an Officer, Did you ever receive a commission, and if so by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to you character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a judge or Justice of a Court of Record of the proper county , and the Judge or Justice will execute the duties, which the court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be don by a Judge or Justice of the Court of Record, or by a Justice of the peace, the certificate of the Secretary of State of Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832, and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of this death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

(a) The declarant must appear in open court, unless prevented from doing so by reason of bodily infirmity, in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he reside. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served, otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, etc. 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."
If is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two yers in the militia, etc without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is Highly objectionable. It must, in every case, be clearly shown under what officers the applicant served, the duration of each term of engagement, the particular place or places where the service was performed, that the applicant served with an embodied corps called into service by competent authority, that he was either in the field or in garrison, and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(j) In a case where the name of the applicant is not found on the records of the department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company , and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper office, under his seal of office.
The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops, the proof required by rule is note (j) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must be written, and sent to the War Department, with the declaration.

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REJECTED (stamped)

3907 act

P.O.------------
Christoper Gardner

Service:----------------------------

Enlisted: -------------------,18

Discharged: ----------------,18
   (REJECTED - stamped)

Application filed: -----------,18

Alleges:(crossed out)  The printed list of rejected claims gives cause of rejection as follows; "Was a deserter."

Re-enlisted: (crossed out) 

Attorney:----------------

P.O.. ----------------

---------Recognized.   ----------- Contract,
---------Cert. of Dis.   Searched for----------,18

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No 21754
Christoper Gardner
Ga

3967


Rejected see letter
of the 6 June 1833 to L.G.Parke

(This letter
cannot be
found, aw)

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C. Gardner Revolutionary Soldier Declaration
Free
Department of War Pension Office Washington City
9 Dec. -19
Christopher Gardner 21754

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REVOLUTIONARY CLAIMS.
Treasury Department
7 April 1829
Christopher Gardner of _____ in the county of Gwinnett in the State of Georgia has applied to the secretary of the Treasury for benefits of the act, entitled "An Act for the relief of certain surviving offices and solders 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 Private in captain Anderson's company, in the Third regiment of Maryland line, 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 not 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, 1826, nothing.
The Third Auditor is requested to report haw far the several statements are corroborated by the records in this office.
By order of the Secretary  Dickins
Treasury Department,
Third Auditor's Office
14 April 1829
It further appears that Christopher Gardner is not now on the pension list of any agency, and has not been so since the 3rd of March 1826.
The name of Christopher Gardner cannot be found among those of the Maryland line, to whom Certificates for the gratuity of eighty dollars, were issued

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War Depart: Bounty Land Office 29 April 1829
The records of this office do not show that Christopher Gardner of the Maryland line ever received or is entitled to bounty land pd the United States
Robert Taylor

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Del. Gardner, Christopher R3907

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Lawrenceville 2nd March 1839
Richd Rush Engr
Enclosed is the claim od Christopher Gardner, if found sufficient send what is [illegible] for the old man to receive his pay direct your letter to Asahah R Smith Esqr at Lawrenceville & oblige your friend & obt servt.
GW Smith
Reg file No 3907

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Office of the Secretary of the State of Delaware
New Castle, April 24 1233.
In the case of Christopher Gardner

There are in this office, pay of Capt Enoch Anderson Company of the Delaware Regiment
of Foot, commanded by Col. David Hall, from January 1777 inclusive, to February 1779 inclusive from which it appears, that a person by the name of "Christopher Gardner" enlisted in the said company, on the 1st of March 1777, and continued as a Soldier therein until the 16th of June 1778 when the [illegible]

His name is not [illegible] , in any of the
pay [illegible] of the said company, age that
of June 1778.

James Rogers

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1560
Revolutionary Claims.
{B.}
Form of a Declaration to be made by the Non-Commissioned Officers, Musicians, and Privates.

For the purpose of obtaining the benefits of the act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved on the 15th of May, 1828, I, Christopher Gardner of Georgia in the county of Gwinnett in the State of Georgia do hereby declare, that I enlisted in the Continental Line of the Army of the Revolution, for and during the way, and continued in its service until its termination; at which period I was a * Private in Captain Enoch Anderson Company, in the Third Regiment, of the Maryland Line.  And I also declare, that I afterwards received certificates for the reward of eighty dollars; to which I was entitled, under a resolve of Congress, passed the 15th of May, 1778.
And I further declare, that I was not, on the fifteenth day of May, 1828, on the Pension List of the United States.

Witness my hand, this second day of March in the year 1829.  Christopher [unsure] Gardner

Before me, John Brewster Judge of the [unsure] Court in the county of Gwinnett in the State of Georgia personally appeared, this day, Christopher Gardner [this name crossed out] Green W Smith and James H Say of the said county, who did severally make oath that Christopher Gardner by whom the foregoing declaration was subscribed, is generally reputed and believed to have been a soldier in the Army of the Revolution, in manner as therein stated.
Witness my hand, this 2nd day of March in the year 1829 
John Brewster [unsure]
Green W Smith
James H  Saye
I James Wardlow Clerk of the Court of the County of Gwinnett in the State of Georgia do hereby certify, that John Brewster before whom the foregoing affidavits were sworn, was, at the time, a Judge of the [unsure] Court and duly empowered to administer oaths.  In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 2nd day of March 1829.
James Wardlow Clerk