Revolutionary War Pension and Bounty Land Warrant Application File S. 13183, Abiel Gardner, R.I.

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SERVICE
R.I
Gardner, Abiel
NUMBER
S. 11383

carded
CONTENTS

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14050
New York
Abiel Gardner
of Tompkins in the State of N Yorork who was a private of October in the Compy. commanded by Captain Gardner of the Regt. commanded by Col Dyer in the Rhode Island line for 1 Year 11. Months

Inscribed on the Roll of New York at the rate of 95. Dollars 76 - Cents per annum to commence on the 4th day of March, 1834.

Certificate of Pension issued the 6th day of May, 1833. and Sent to W. D. Barto Trumansburg N York

Arrears to the 4th of March 1833.  $191.5[cut off by edge of document]
Semi-anl. allowance ending 4' Sep 1833  47.8[cut off by edge of document]
                          $239.40

{Revolutionary Claim, Act June 7, 1832.

Recorded by George Taylor  Cie[torn]
Book E.   Vol. 4  3  Page 20

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In the Matter of Abiel Gardner Revolutionary Soldier
Declaration 12.

14714
[check mark]

23. Months.

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Declaration.

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

State of New York Tompkins County } Ss: On this third day of October in the year of our Lord One thousand Eight hundred and thirty-two personally appeared in Open Court, before the Judges of the Court of Common Pleas of the County of Tompkins in the State of New York, now sitting Abiel Gardner, a resident of the town of [illegible] in the County of Tompkins aforesaid aged seventy-four years also 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, passed June 7th 1832.

That he entered the service under the following named officers and served as herein dated.

That in the spring or for part of the summer, according to his best recollection, in the year 1781 he enlisted, in South Kingston in the State of Rhode Island, into a company of artillery, commanded by Captain Thomas Gardner in Col. Charles Dyer Regiment, for the term of two years; that immediately after his Enlistment, he entered said Company and Regiment and continued in actual service until the close of the War, when he was discharged at South Kingston aforesaid.  That he served in said company & Regiment one year and eleven months - That he is not certain whether the Corps to which he belonged was a part of the Regular army or a volunteer independent Corps, though he believes it was the latter - That he was stationed near the sea-shore, on Boston-Neck the whole time he was in service.  He and the Corps to which he belonged were stationed there to guard the shore against the British-fleet, that they lay in the Harbour at New York - Rhode Island.  He was in no general Battle.  Helped to take one British ship one Brig and two Sloops the names of which he does not recollect.  The ship, Brig and one of the Sloops ran ashore on Point-Juda Point near Rhode Island Light-House so that they were enabled to take them, and the other Sloop came to take away some of the property from the vessals taken, and we fired upon them so greatly, that they surrendered to us - That he has no documentary evidence of his service and that he knows of no person whose testimony he can procure, who can testify to his service -

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He was born in South-Kingston, Rhode Island  in the year 1758 - Has record of his age in his bible at the house of his nephew the Hon. Grattan H. Wheeler, Member of Congress from Steuben County, New york - He lived at South-Kingston aforesaid, when he Entered the service - He lived at said South-Kingston a number of years after the war - He then moved to Rensselaerville, Albany County, New york - After living in Rensselaer-Ville about nine years he moved to New Durham Green County, New york - lived there about Eleven years He then moved into the town of Hector in the County of Tompkins and State of New york, and has ever since lived in said town of Hector and now lives there - He enlisted into the service - He [illegible] Col Peabody of the Militia from Massachusetts 3.  Col. Peabody's Regiment was stationed with the Regiment in which he served one summer - There were other Troops coming and going but he does not recollect the officers - Has no recollection that he had a written discharge - Never held a commission - He is known to Caleb Smith Esq. Hon. Peter Kagar Sheriff of Tompkins County, Sabry J. Smith  P. Martin Joseph Sewell & many others in his present neighborhood who can testify to his character for truth and their opinion as to his service  He hereby relinquishes all claims to a pension on [remaining sentence illegible aside from "any" as the penultimate word]
Abiel Gardner
Subscribed & Sworn the day and year aforesaid -
Saml. Loue   Clk

State of New york Tompkins County } Ss: Mr James H Hotchkin Presbyterian Clergyman & Jonathan A West - - residing in the town of Hector in the County of Tompkins and State of New york hereby certify that we are well acquainted with Abiel Gardner who has Subscribed and Sworn to the above declarations; that we believe him to be Seventy-four years of age; that he is respected and believed in the neighborhood where he resides to have been a soldier of the Revolution, and we concur in

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that opinion      James H. Hotchkin
Jonathan A West
Subscribed and sworn the day & year aforesaid
S.  Loue  Clk

State of New york  Tompkins County } Ss:  I Joseph Jewell of the town of Hector in the County and State aforesaid being duly sworn according to Law, on oath certify that I have been acquainted with Abiel Gardner named in the foregoing declaration for twenty eight years last [illegible] having lived in the neighborhood with him & that I have frequently conversed with the said Gardner respecting his Military Service in the Revolutionary War & have always understood that he served in said war & that has always been the reputation and belief in his present neighborhood ever since he has lived in it, which has been twenty-eight years or more.  The said Gardner is a prompt honest old man and no man who is acquainted with him would ever doubt his word on any subject.  I further certify that I have never heard the said Gardner make any contradictory statements regarding his services, but he has always made the same statement contained in the above declaration
Joseph Jewel 

Subscribed & Sworn the day & year aforesaid
S. Loue  Clk

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And this said Court do hereby declare their opinion after the investigation of the Matter, and after putting the interrogatories proscribed by the War Department, that the above named applicant was a Revolutionary Solder and Served as he states.  And the Court further certifies that it appears to them that James H. Hotchkin as he has signed truth of the preceding certificate is a Clergyman resident in the town of [illegible] in the County of Tompkins and State of New York and Jonathan A. West who has also signed the same, and Joseph Sewell who has signed the other are residents of said town of St[illegible], and are credible persons, and that their statements are entitled to credit.

I Samuel Lore Clerk of the Court of Common Pleas in and for the County of Tompkins in the State of New York do hereby certify, that the foregoing contains the original proceedings of the Court in the Matter of the application Abiel Gardner for a pension.

In testifying whereof I have hereunto set my hand & Seal of Office this third day of October Eighteen hundred thirty-two.
Saml S[illegible] Clk

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14714
Abiel Gardner
Tompkins Co
N. York

H. D. Barto
Trumansburg
N. Y.

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BRIEF in the case of Abiel Gardner
of Tompkins co in the State of New York
(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 the applicant is disabled by bodily infirmity?

3. How old is he?   74

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

Period.                  Duration of Service.
                          Years,  Months,   Days.
Enlisted In 1781    1        11

Rank.       Names of General and Field Officers
                           under whom he served.
As a                 Gen.
Private          Capt Gardner, Col Dyer
artillery

5. In what battles was he engaged?

6. Where did he reside when he entered the service? South Kingston, Rhode Island

7. Is his statement supported by [illegible]  proof, by traditionary evidence, by
incidental evidence, or by the rolls?   Traditionary

8. Are the papers defective as to form or authentication? and if so, in what respect? Correct  [text crossed out]  (Seal impressed on each sheet.)

I that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. E. Bradford.
Examining Clerk.

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["AM" initialed in the left margin]

In reply to your request of ................., received ........................ for a statement of the military  
history of Abiel Gardner a a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ["(or his widow's}" crossed out] application for pension on file in this Bureau.    S. File 13183.

DATES OF              LENGTH OF     RANK.
ENLISTMENT OR     SERVICE.
APPOINTMENT.
spring or summer   yr, 11 mos.        Pvt.
1781

OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.            COLONEL.        STATE.
Thomas Gardner Charles Dyer     R.I.

Battles engaged in, none
Residence of soldier at enlistment, South Kingston, R.I.
Date of application for pension, Oct. 3, 1832 clm. allowed.
Residence at date of application, Hector, Tompkins Co., N, Y.
Age at date of application, born in 1758, South Kingston, R. I.
Remarks: no data as to family
[text crossed out]

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[paper torn or folded]ecord Division.

September 7, 1910.

Mr. Bromley Smith,
Lewisburg, Pa.

Sir:

In reply to your letter dated the 37" and received the 29" ultimo, you are advised that Abel Gardner, Wid. Filo No. 7,501, is the only
soldier of that name, and that Abiel Gardner, Sur. File No. 13,103, is the only soldier of similar name, found on the Revolutionary War pension
records.

Very respectfully,

Commissioner.

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Rev   ED

Dear Sirs: - 

Please send a copy of the pension paper of Revolutionary soldier Abiel Gardner, Snr. File no 13.183.

And oblige.
May Reynolds Smith

Mrs. Bromley Smith
124 George St.,
Lewisburg, Penn.

[illegible] DIVISION JAN 16 1922

U. S. PENSION OFFICE  D JAN 14 1922

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POSTAL CARD
THE SPACE BELOW IS FOR THE ADDRESS

Pension Bureau
Washington DC

Record
AUG 30 1910

U. S. PENSION OFFICE. O AUG 29 1910   

FACTORYVILLE [illegible] AUG 27 1910

RECORD DIVISION AUG 29 1910

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Lewisburg, Pa., Aug 27, 1910.

Gentlemen:

Was Abel Gardner of R. I. a pensioner of the Revolutionary War?  You reported some time ago that an Abel Gardner of Massachusetts was, but he does not seem to be the right one.

Very truly yours,
Bromley Smith

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W. D. G.

3-871.
RECORD DIVISION.
Department of the Interior,
BUREAU OF PENSIONS.

Briefed by a. MacD. 30/8/10
Claim No. .................
Certificate No. ...........
Claimant .............................
Soldier Abel Gardner
Service    R. I.
Additional Service  Rev.
No ...... claim, State records
191
No claim, combination records ......,
191..........

REMARKS:
No Inv., Wid. or Rej. as above
Try: Abiel Gardner
Inv 7.13,183(R.I.)
No Wid of any service
except one W. File 7561 mentioned
in postal.

6-1944                           Chief Division

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[left portion of document]

1910  Dept. 7,  Hist. - to Bromley Smith, A. E. P.
1922 Feb'y 3 Hist. to Mrs. Bromley Smith

[right portion of document]

Rev War

13183
INVALID.

File No. 13183
Abiel Gardner
Priv. of Arty Rev. War

Act: June 7" 1832
Index:-Vol. 1, Page 138

[Arrangement of 1870.]

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Abiel Gardner of Tompkins co. New York, which require further proof or explanation.

I. Does the declaration show where the applicant resides?    yes

II. Did the declarant make the 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?

IV. Has the declarant mentioned the period or periods of the war when he 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 amout of pension he is entitled?  yes

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 of 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

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2

XI.  Has the applicant obtained the evidence of a clergyman. and another respecatble citizen as to their belief respecting his age and the general- belief in his neighborhood relative to his revolutionary service?   yes

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

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?
yes

XIV. [cross symbol]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?
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

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?

XVI. [double cross symbol] Are the papers authenticated as the regulations direct ?
['No" crossed out]   yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ?  And, if not, which of them is not so answered?  all answered

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.

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3

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 [previous five words in italics] 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 shewn 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.

[cross symbol] 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.

[double cross symbol]QUERE XVI. 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 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.

[drawing of a pointing hand] 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.

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THE NATIONAL ARCHIVES
Form VAN-51
12-5-41

Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*

NAME Gardner, Abijah
GRADE  Private
LINE Connecticut

WARRANT NUMBER  5843
ACREAGE  100
ISSUED Mar. 14. 1793

to_____not shown_____

"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, 18oo.  Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.