Revolutionary War Pension and Bounty Land Warrant Application File S. 10,724, Silas Gardner, R.I.

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R.I. Gardner, Silas or Gardiner. S. 10.724 
carded

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10.476
Rhode Island
Silas Gardiner
Washington in the State of Rhode Island was a Private in the company commanded by Captain Gardiner of the Regt. commanded Col. Dyer in the Rhode Island [text cut off by edge of document] for 2 years
Silas Gardner
 Febr. 18, 1905.
Records corrected.

[text cut off by edge of document]scribed on the Roll of Rhode Island [text cut off by edge of document] the rate of 80 Dollars ---- Cents per annum, [text cut off by edge of document] commence on the 4th day of March, 1831.

Certificate of Pension issued the 10th day of April 1833 and [illegible] W. Updike Kingston R. I.

Arrears to the 4th of March 1833 $160.00
Semi-anl. allowance ending 4 Sept "  40.00
                                                       $200.00

{Revolutionary Claim, Act June 7, 1832. }

Recorded by D. D. Addison Clerk,
Book 2  Vol. 2d  Page 111

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33    Declaration of Silas Gardiner      X

13.671


Mr. Pearce

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State of Rhode Island and Providence Plantations
---
Washington At a Court of Common Pleas, holden at South Kingston, within and for the County of Washington, on the first Monday of [August] September 1832 '
On this 2d[?] day of September 1832 [it being the day of the Town of said Court] personally appeared in open Court, before the Judge of said Court now sitting at South Kingston, in and for said County of Washington - Silas Gardiner of South Kingston, in said County of Washington, aged seventy two years of age last May, 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 Congres passed June the seventh 1832.

That he has no record or written document of his age that he entered the service of the United States, in the manner hereafter mentioned that after the British took possession of the Island of Rhode Island in
1776 until their departure in 1779 a continual Guard was kept up along the shores of the Narragansett Seas[?] to prevent their landing and ascensions[?]. The Guards were composed of drafted Militia Men, and the
levy subject to military duty was dated, he cannot[?] state the precise time
but it was previous to the First of July 1779 He belonged a Company of [Militia] State troops in the Town of South Kingston commanded by Captain [Henry] Christopher Gardiner, the company guarded the shores at Boston Neck in South Kingston and other places, the Company was formed into a Company of Artillery and had four Cannons[?], two called four pounders and two called three pounders and continued to guard the shores off and on, six or eight months to the best of his recollection, and whilst on this duty some troops landed from a British Row Galley at the South Ferry[?] and a party of them went to the Casey House so called, and took and carried away, Benjamin Gardiner, and before we could get our Artillery to the Ferry[?] the Row Galley made her escape, she came from Newport, then a British Garrison. Said company was called out on or about the First day of July 1779, he recollects the year because the British evacuated Newport that fall, and attached to the Regiment of Militia, commanded by Colonel Charles Dyer, and marched over to Tiverton to Rhode Island and was encamped[?] on the Newport.

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shore opposite said Trenton, at the Fort on Butte Hill, and continued in that Fort to guard it, under the command of Captain Gardiner, untill the British evacuated Newport, in the Fall of that year. His duty was to take care of the Artillery Horses and see that they were fed, and to clean the [illegible] for Said company, He has no recollection of the Names of the Officers of the Company, except Captain Gardiner, during the time that the Company occupied said Fort, their was several alarms, but they turned out to be false ones and had no engagements-The Company [illegible] the Fort, and were kept engaged all the time, at some kind of work, and when the British Fleet and army left Newport, the Company was discharged, but had no written discharge, and each one went to their respective homes- This tour of duty continued from the First of July 1779, and the British evacuated Newport according to his impressions in the December following, making his term of service about Five months-about one week after the evacuation of the British from Newport, he was drafted, and placed into a Company commanded by Captain [illegible] Gardiner, and the company was marched and encamped on the Island of Rhode Island, and were stationed on a farm, under G Governor Collins, and made out [illegible] and our duty was to [illegible] as they [illegible] infested with Refugees Boats so called, that [illegible] about the [illegible] that his term of duty at this time continued, about three months, according to the best of his recollection. He has no documentary evidence of the aforesaid services or of his discharge, and that he knows of no one that is now living, who was with him, at the aforesaid period, and that he has never [illegible] This his whole term of actual service was more than one year, as in 1775 he [illegible] duty with the company four months, to [illegible] the shores, from the [illegible] of the British [illegible] is quite [illegible] as one year [illegible] 
Elisha R Potter and Thomas S Taylor of South [illegible] certify to the reputation of his neighborhood for his services as he is acquainted with no Clergyman

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I Ebenezer Smith of South Kingston, in the County of Washington, of lawful age and engaged accord to law, do testify and say, that I was acquainted with Silas Gardiner the Applicant in 1775. That he then belonged to an Artillery Company, of which Christopher Gardiner was Captain of Henry Gardiner heir to - he was on duty in that company, as much as five months on the shores, that year to my knowledge, as I then lived in the Neighborhood. I knew him to be a member of said company, until the enemy left Newport and longer, I saw him on Rhode Island in Sullivans Expedition, in said company, and saw him doing duty various places through the war.
Witness- J.G. Gardner

x his mark Ebenezer Smith


Gideon Gardner of South Kingston in the County of Washington State of R Island being duly sworn testify & say.
That I know that Silas Gardner served in the
Artillery Company under Capt. Christopher Gardner, Henry Gardner Lieu: and was on duty in said company with me as I belonged
to the same company and that he was a member of said Company untill the enemy left Newport & longer & saw him on Rhode Island in Sullivans expedition in said company and saw him do duty in various places through the war.
Witness to signing

[signatures]
Wilkins Updike J.Peace

x his mark Gideon Gardner

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[unintelligible] Washington County Sep 3rd 1832

Personally appeared the written named Ebener Smith & Gedeon Gardner and severally before deposing was carefully cautioned & sworn [the truth - phrase crossed out] that the deposition by them & abscribed were the truth the whole truth & nothing but the truth.

Before me Wilkin Updike Just. Peace

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STATE OF RHODE ISLAND & c
Washington County, 

Sc. South Kingstown, Sept 3rd 1832

Personally appeared the aforenamed [Gideon crossed out] Silas Gardiner & Ebenezer Smith and before deposing as aforesaid was by me, carefully cautioned, examined and sworn to testify the truth, the whole truth, and nothing but the truth, and gave the foregoing deposition, which was reduced to writing by me in the presence and signed the same in my presence. And I further certify that the said deponent is well know to me and that sustain fair character for truth, and that her deposition are entitled to credit.

Wilkins Updike Justice Peace
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. 
Washington County sc.

I Samuel Helme, Clerk of the Court of Common Pleas within and for the County of Washington, & state, aforesaid, do hereby certify that Wilkins Updike, Esq. before whom the deposition annexed was taken and sworn to, is a Justice of the Peace, duly elected and qualified within for the county of Washington, in said state and that his signature hereto is in his own proper hand writing.
In testimony whereof I have, hereunto set my hand and affixed the seal of said Court, this Eighth day of September in the year of our Lord one thousand, eight hundred and thirty two. 
Same Helme, Clerk

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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 and subscribed, the day and year aforesaid.
Silas Gardner

We, Elisha R Potter residing in the town of South Kingstown and Thomas S Taylor -
residing in (the same) hereby certify, that we are well acquainted with Silas Gardner who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age;  that he is and 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 to and subscribed the day aforesaid.
Elisha R Potter
Thos. S. Taylor

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatries prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that [blank space] who has signed the preceeding certificate, is a resident in the [blank space] and that Elisha R Potter and Thomas S Taylor
who has also signed the same ["is" crossed out and "are" written above] residents in the Town of South Kingstown and ["is a" crossed are and "are" written above] credible persons and that their statement is entitled to credit.

I Samuel Helme Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of SIlas Gardner for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this Eighth day of September 1832
Sam. Helme Clk

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Supplemental affidavit of Silas Gardner in amendment of his original Declaration

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Supplemental affidavit of Silas Garner in amendment of his original declaration viz,
Personally appeared before me the undersigned, a Justice of the Peace written before the County of Washington and State of Rhode Island, Silas Gardiner of South Kingstown appeared, who being duly sworn deposeth & saith, that by reason of old age and consequent lack 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 period below and in the following grades:

For the year 1776 eight months I served as a private

For the year 1777 eight months I served as a private

For the year 1778 five months I served as a private

For the year 1779 four months I served as a private

For the year 1780 three months I served as a private - all of said periods Captain Christopher Gardiner, Captain Henry Gardiner & Captain Paris Gardiner were the Captains under whom I served and

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for said service I claim pension.

Silas Gardiner

Rhode Island
Washington So Kingstown Feb 4th 1833

Personally appeared the abovesaid Silas Gardiner and before deposing was carefully cautioned, examined & sworn, I testify the truth the whole truth and nothing but the truth are the [unintelligible] by me. [unintelligible] certify that said deponent is entitled to full [unintelligible] credit.

Wilkins Updike Just Peace

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13.471
Silas Gardiner

Private 2 years
[unintelligble]
Sep 22, 33
W.C.E

$80

P-209

[unintelligible]

W Updike
Kingston RI

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13471

Brief in the case of Silas Gardiner
of Washington in the State of Rhode Island
Act 7th June, 1832

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

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

3. How old is he? 72 [handwritten]

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

Period |  
From the time the enemy took Rhode Island till they left it he served in the militia

Duration of Service |
July 1779 off and on 6 or 8 months after which 3

Rank | 
private

Names of General and Field Officer under who he served. |
Cap Gardiner Col Dyer on Block Island

5. In what battles was he engaged? None [handwritten]

6. Where did he reside when he entered the service? South Kingston {handwritten]

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? 2 living witnesses [handwritten]

8. Are the papers defective as to form or authentication? and if so in what respect?
[unintelligible] without device, and the certificate of authenticity of evidence not properly attatched [handwritten]

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Mr C Easton
Examining Clerk.
19 Jan 1833

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send [illegible] 

In reply to your request of _______________, received _____________________ for a statement of the military history of Silas Gardner a soldier of the Revolutionary War, you will find below the desired information as contained in his (or his widow's) [parentheses phrase is crossed out] application for pension on file in this Bureau.  S.10.724

Dates of enlistment or appointment. Length of Service. Rank. OFFICERS UNDER WHOM SERVICE WAS RENDERED. State.

1775 4 mos. Captain. Colonel. 
1776 8 mos. 
1777 8 mos. pri Christopher Gardner Charlie Dyer R.I.
1778 5 mos. 
July 1, 1779 4 mos. 
1780 3 mos. Paris Gardner 

Battles engaged in, [checkmark]
Residence of soldier at enlistment, [checkmark]
Date of application for pension, Sept. 3 1832.
Residence at date of application, South Kingston, R. I.
Age at date of application, 72 years last May. Date + place ment not stated
Remarks: His claim was allowed
There is no family data on file. 

The above is the only Silas Gardner (Gardiner) found on the Rev. War records of this Bureau

Very respectfully, 

Commisioner

6-2856

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Paw Paw. Ill. June 13

Pensions Bureau

I wish information regarding my great grandfather Silas Gardner (or Gardiner) who was a captain in the Revolutionary war.  his wifes name was Katherine (or Katie)  Shaft.  His brothers daughter was the second wife of Pres. Tyler.

He was English.  Please inform me if the foregoing is correct, wish to belong to D. A. R.

Respty.
Mrs Lillian Nisbet
Paw Paw
Illinois

Lee Co.

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[left half of document]

1913 June 23. History to Mrs. Lillian Nisbet [illegible character, possibly a crossed-out "c"]

[right half of document]

10.724
Rev War 
[check mark]  INVALID.

File No. 10, 724
Silas Gardiner [star]
Priv Rev. War

Act: June 7th 1832.
Index:-Vol. A, Page 138

[Arrangement of 1870.]

Silas Gardner. [star]
Records corrected Febr. 18/05. [illegible initials]

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13.471
Silas Gardiner

S

Mr Pearce

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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
Silas Gardiner which require further proof or explanation.

1. 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?   No

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?  No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?   No

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?   No

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                                      2
XI. Has the applicant obtained the evidence of clergymen and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?

XII. If the clergyman 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 decision that such proof cannot be had?

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are person of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?

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. Are the papers authenticated as the regulations direct?

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so 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, deposit 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 the 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.

[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 be 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 authenticated 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 end 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.