Revolutionary War Pension and Bounty Land Warrant Application File R. 20372, John Gardner, N.C.

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SERVICE  N.C.

Gardner, John

NUMBER  R. 20372

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The Hon.
Sammuel D. Ingham
Secretary of the 
Treasury

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Evidence insufficant Act 1828


TREASRY DEPARTMENT,
12 January 1829
John Garner of _ in the County of Spencer in the State of Indiana 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 continues until his termination, at which period he wa a Sergeant in captain Coleman ,s company, in the regiment of the N. Carolina 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 3d of March, 1826, nothing.

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

Ed A. S. (illegible) 
ref + old books No record
Third Auditors Office
13th January 1829

The name of John Gardner cannot be found among those of the North Carolina line, to whom certificates for the gratuity of Eighty Dollars were issued-
There was a man on the Revolutionary Pension Roll of the Indiana agency who has been paid to March 1827 but who has been reported as "Dead"
Ph. Hagmen Am

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War Department
Bounty Land Office
12 May 1829
The records of this office, do not show that John Gardner of the No. Carolina line ever received or is entitled to bounty land of the U. States
Robert Taylor

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R: 24 dec 1829           1218
Washington City Dec 23 1829
The Hon
Sammuel D Ingham
Sir,
The inclosed letter to Mr. John Garner a Soldier of the revolutionary war, is herewith in returned; and in behalf of the Mr. Garner, I have to state that the only testimony in his power to procure in Support his claim was by myself presented during the 19 Congress - but which it appears was not on the 14th of May last, to be found in the War department. Hezekiah Hargrave what at the time of Mr. Gardner's first presenting his claim, was the only being writing in his behalf known to him. Mr. Hargrave is since dead, which puts it out of the power of Mr. Gardner, to renew his testimony. I will be very much obliged if you will be so good as to give the subject a further examination and advise me of the rebut.
I have the honors to be very respectfully your obt. servt. 
R Boon

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Rockport
Dec 19                    Free

Hon Richd Rush
Sec. of the U.S. Treasury
Washington City

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REVOLUTIONARY CLAIMS
Under the act, “An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution,” 15th May 1828.
TREASURY DEPARTMENT
                           14 May 1829
SIR:
Your claim under the abovementioned act was examined in due course; and, if it had been collaborated by the public records at Washington, would have been decided without delay. In your case, however, as in others under similar circumstances, and in regard to which the books usually referred to furnished no information, a decision was postponed until the pressure of business incident to the execution of a new law of this nature, superadded to the other duties of the Department, should so far subside as to afford time for further research. Recourse having, at length been had to all the sources if information within reach of the Department, I have now, to acquaint you that nothing is found among the records in the Public Offices here, to corroborate or support your claim. This, however, is not considered a sufficient cause for rejecting it: inasmuch as the records relating to the Army of the Revolution are known to be incomplete: yet as the testimony furnished by you, in addition to your own declaration, does not assert the fact of your having served in the Continental Army in the manner stated by you, but only that you are generally reputed and believed to have done so, it is deemed a sufficient cause for calling upon you for further evidence. 
I am, nevertheless aware of the difficulty that exits in obtaining, after so long a time, any positive or direct proof that your services were such as to entitle you to the benefits of the act. And you may be assured that, in weighing such as you may find yourself able to bring, all proper consideration will be given to this difficulty.
It is believed, however, that the archives of some of the States contain evidence of the rank and service of their regiments or corps on the Continental Line. This evidence may be found either in muster-rolls, settlements, accounts, grants of land, or other rewards for revolutionary services. It may, therefore, be well for you to apply to the proper authorities of the State in whose quota you served, to see whether in your case such evidence exists. Where this cannot be obtained, it will be desirable for you to obtain from one or more persons who know you to have served in the Continental Army an affidavit to that effect, authenticated in the manner heretofore prescribed.  
To aid you in this undertaking, I will if you request it cause to be prepared and transmitted to you, a list taken from the paper which have been received at this Department under the abovementioned act, of the names and residence of such officers of the line and regiment to which you represent yourself you have belonged, as are known to be now living: and, on application to them, they may be able to supply the testimony which you need.
I am, sir, very respectfully,                                                                                                                                              Your obedient servant

Mr. H. John Gandnew
Anthony Dinkins
Acting Secretary


The affidavit referred to by you as being in the War Dept. is reported not to be there.

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Mr. Gardner in the 5th Regt North Carolina line; Commanded by Col Archibald Lytle served in Major Blounts Battalion

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Boonville Warrick County Dec 1828
I Simeon Lewis a Justice of the Peace in and for the County of Warrick in the state of Indiana do certify that some time in the year 1826 Hezekiah Hargrave came Personally before me at my office in Boonville and scribed this affidavit identified John Gardner a Revolutionary Soldier and proved the service of said Gardner in the Continental Army during the Revolutionary War, also the company to which he belonged the time of his service + the time of his discharge together with other particulars not now collected, which affidavit the said Gardner says is now on file at the War Department where it was left by the Hon Piatty Boon while a member of Congress - I do further certify that in my opinion so Hargrave's affidavit is entitled to full credit that while living he was considered a honest and respectable citizen and had long served as an aforesaid Judge of this County - This certificate is given at the request of Mr. Gardner, because of the death of Judge Hargrave - but the affidavit can undoubtably be obtained by application at the War Department
Simon Lewis J.P.W.C.

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ow Ry
#
20.372

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State of Indiana
Spencer County Set 
For the purpose of obtaining the benefit of the act entitled "an act for the relief of certain surviving officers and soldier of the Army of the Revolution." Approved on the 15th of May 1825 I John Gardner of the County of Spencer and State of Indiana do hereby declare that I enlisted in the Continental line of the Army of the Revolution for the term of Eighteen months or during the War and continued in to service until the termination that is the end of the war at which period I was a Sergeant in Captain Benjamin Coleman Company in the Regiment Commanded by Col Archibald Litle of the North Caolina Line - and I also declare that I never received any certificate for the reward of Eighty dollars to which I was entitled under a resolve of Congress papered 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 13th day of December in the year 1828
his mark John Gardner
Before me John S. Graham are associate Judge of the Cricut Court for the said County state of Indiana personally appeared William Ovolin and Miner Seright of the said County who did favorably make oath that John Gardner by who on the foregoing declaration was subscribed is generally reputed and believed to have been a Soldier in the Army of the

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Revolution in manner as these in stated
witness my name this 13th day of December A.D. 1828
T W Graham

Spencer County 
State of Indiana  Set

I L. B. Wakefield clerk of the Cricut Court of the County aforesaid do hereby certify that John W. Graham before whom the foregoing affidavit were sworn was at the time an associate Judge of said County and duly empowered to Administer oath and that his signature is genuine
In testimony whereof I have hereunto set my hand and affixed the scrawl adopted of the said Court here this 13th Day of Dec 1828
HP Burton DC
JB Wakefield

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Ex'r OLD WAR.

File No. 30.372

John Gardner
Sergt
Capt Colemans
N.C. Line
Rev War

(stamped) REJECTED

Evidence insufficient
Act 1828