Pension Application of James Gardner: R3909
Transcribed and annotated by C. Leon Harris
Virginia Carroll County to wit
On this 18th day of April 1844 personally appeared before me William H Rung, a Justice of the Peace in and for the County aforesaid, James Gardner a resident in said County and State aforesaid aged eighty eight 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 Act of Congress passed June 7th 1832.
That he entered the service of the United States he believes in the year 1777 under Capt Sessions as a substitute in place of one Aaron Tuchiner, he then residing in Sussex County State of New Jersey. The company in which he served as aforesaid was called on to serve a tour of nine months and joined the army commanded by General Manwell in Elizabeth Town General Washington reviewed the said troops and was saluted by them. That he served on this tour three months in actual service as well as he recollects and received from his Captain a written discharge, which was lost among other papers in a pocket book which he lost. During this term he was engaged in a skirmish with the British on Staten Island [probably 21 Aug 1777] and received a slight wound by a rifle ball across his shin bone. He was afterwards, (he thinks perhaps in the same year) drafted into Capt McCambly’s Company in a regiment commanded by Col Hathhorne, Josiah Woods being Lieutenant of the said company. He marched to Fishkill plains in the State of New York where he was stationed. During this tour General Burgoyne & his army were taken [at Saratoga NY, 17 Oct 1777]. In this expedition he served two months, but was discharged without receiving a written discharge. He still continued to reside in Sussex County New Jersey.
Some time after this he believes in the year 1779, he volunteered under Col. Seward in New York and marched upwards of one hundred and fifty miles to the head waters of Delaware river against the Indians who were commanded by [Chief Joseph] Brant & [John] Butler An Engagement took place on the Mongrousse[?] river in which the whites were repulsed. on this tour he was in actual service one month, & received no written discharge –
Afterwards he believes in the year 1780 he was drafted into the company of Capt John Rusdale [or Trusdale], William Hopkins being a Lieutenant in the State of New York near the line of New Jersey, and guarded the British prisoners taken at Stoney Point [15 July 1779] to Philadelphia. He was in service three weeks on this tour for which he received no written discharge. Afterwards (he believes during the same year) he was drafted under Capt James Seward, William Hopkins Lieutenant in the State of New Jersey and marched to New Bridge in said state where he was stationed. On this tour he served six weeks. Has no recollection of having received a written discharge He further declares that he has no documentary evidence of his services and that he knows of no one who can testify to them. 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. That he employed an agent some years since to attend to an application for him for a pension and did not know until recently that the application had not been made
[signed] James his X mark Gardner
Interrogatories propounded to James Gardner the foregoing applicant for a pension.
1st. Where and in what year were you born?
Answer. I was born in the year 1756 in the State of New York Fishkill [sic: probably Dutchess] County.
2d. Have you any record of your age, and if so where is it?
Answer. I have it recorded in my bible now in my home.
3d. Where were you living when called into the service, and where have you lived since the revolutionary war?
Answer. I was living in the state of New Jersey Sussex County, when called into service. I moved to the county of Shenandoah in the State of Virginia, thence to the County of Franklin in the same State, thence to the County of Montgomery in the same State, & thence to the County of Grayson (now Carroll) where I now reside, and have resided for the term of twenty-five years past.
4th. How were you called into the service? where you drafted, did you volunteer, or were you a substitute, and if a substitute for whom?
Answer. I first entered the service as a substitute for Aaron Tuchiner volunteered once and was drafted for the other time I served.
5th. State the names of some of the regular officers, who were with the troops when you served; such continental or militia regiments as you can recollect and the general circumstances of your service.
Answer. I recollect General Washington, General Manwell, Colonel Seward, Col Hathhorne, Captains Scriven[?], Seward, McCambly, & Lieutenants William Hopkins & Josiah Woods. I cannot now tell which were regular and which militia officers. I cannot recollect the numbers of the regiments The general circumstances of my service are set out in the foregoing Declaration
6. Did you ever receive a written discharge from the service and if so, by whom was it given and what has become of it?
Answer. I received one written discharge signed by Capt Scriven[?], which I lost among other papers with my pocket book.
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity and their belief of your services as a soldier of the revolution.
Answer. John Cock a clergyman and Joel Ashworth
To the secretary of interior. I wish you would if you please to examine the evidence filed in the application of James Gardner for a pension for his service in the revelation [sic] war and inform me whether or not a warrant has been ishued in his favor. if not what further proof is necessary for his widow[,] the applicant now being dead. write as soon as you can conveniently your most humble survant. [signed] Isaac A. Gardner
you will if you please direct your letter to glades borough [now Gladesboro] Carroll county Va
Hillsville, Carroll Co. Virga.
August 12th. 1850.
Sir. Your Letter under date 22nd. July. last addressed to Col. Carroll, – In regard to James Gardner’s Pen. Claim, was handed to me a few days ago by Col. Carroll.
In answer, I will inform you that James Gardner deceased on the [blank] day of [blank] 1849. I am the son of James Gardner deceased, and of the same name, my Mother is yet living, (the widow of James Gardner decd,) her name is Tabitha Gardner, and they have 11 children now living, Viz. William, John, Mary, Jane, Nancy, James, Matthew, Elizabeth, Sarah, Alexander, & And. Washington.
The widow Tabitha Gardner is administratrix, and John Quesinberry is administrator, of the estate of the said James Gardner Decd. We wish to employ you to attend to the claim for us, or to making the necessary examination in regard to it, & we will try and attend to all that is necessary here, we are willing that you shall undertake it upon the terms proposed in your letter, = one third of what you recover, and nothing unless you do recover, we presume the evidence is filed in the Pension Office in Washington City; please let me hear from you shortly, address – “James Gardner, Hillsville Virga.” Care of F. L. Hale.
Yours &c:
[Signed] James Gardner
P.S. The papers were in the hands of Thomas L. & A Thomas Smith, who}
will please deliver them to you if they have not been filed.}
James Gardner}
Additional Information by RBW.
Tabitha Gardner is the former Tabitha Martin d/o William & Rachel Martin of Franklin County born 16 Dec 1780 married in Franklin County on 17 May 1798, d 7 Sep 1862 in Carroll County, Va.
John Quesinberry married Elizabeth Gardner d/o James & Tabitha
"In the name of God Amen. The sixth day of September in
the year of our Lord one Thousand eight hundred and forty five. I James
Gardner Sr of the County of Carroll and Commonwealth of Virginia, Gentlemen
being through the blesings of God in a sound state of mind and memory, but
calling to mind the frail time of this life, and that it is appointed to all
men once to die, do make and ordain this my last will and testament, That is to
say. I give bequeath and dispose of it in the manner and proportion here following.
First I give and bequeath to my beloved wife Tabbitha
all of my personal property except the following one brown horse five years old
which I give to my son Mathew, one brown horse three years old, and saddle, 5
head of cattle, one (??), and one rifle gun and broad axe, which I give to my
son Andrew Washington to have and to hold to his own proper use, the remaining
for my wife during the term of her natural life time and after her decease I
give the same to my five daughters herein after mentioned.
Second, I give to my daughter Sarah two cows and
calves, one (??), one table, one chest, one bed and furniture thereto
belonging, one pot and lid, one skillet and lid one own oven one smoothing
iron, two sets of plates, two sets of cups and saucers, one set of knives and
forks, two sets of spoons, two dishes, one large cotten wheel and one flax
wheel and one large pot.
3rd I give to my four daughters, Mary, Jane, Nancy &
Elizabeth, all my personal property not above named to be equally divided
amongst them to them and their heirs.
Fourthly I give the tract of land upon which I now reside to
my five sons Mathew, James, Andrew Washington, Alexander & William
according to the lot division made by Lewis (??.. looks like Sarr) dividing the
land into five tracts as follows.
First I give to my son Mathew on hundred acres more
or less bounded by the lands of James Worrell and the land known by the name of
the Baldin (?? I think that is what is says) Place, and new lines made in the
division above named to him and his heirs forever.
Secondly I give to my son Andrew Washington one
hundred of land more or less including the buildings where I now live according
to the above named division bounded by Mathews part and the land of Lankford
Hall and my forty five acre (??) and a new line made in the above division to
him forever.
Thirdly I give to my son James one hundred acres more
or less bounded by the lands of Nancy Dehaven and Fielden Hale and new lines
made in the above named division to him and his heirs forever.
Fourthly I give to my son William one hundred acres
of land more or less being the land upon which he resides bound by James part
and Fielden L. Hale and the lands of James Dehaven and (??) (??) (??) off in
the town of Hillsville and a new line made in the above named division to him
and his heirs forever.
Fifthly I give to my son Alexander one hundred acres
more or less bounded by the lands of Fielden L. Hale John Tipton & James
Worrell and new lines made in the above named division to him and his heirs forever.
Sixthly I give to my daughter Sarah my tract of land
lying in little reed island creek known by the name of the Ogle place to her
and her hairs forever.
Seventhly I give to my son Andrew Washington my
survey of forty-five acres adjoining the lands known by the name of the Baldin
place & the land of Lankford Hall it being the last and all the land which
own to him and his heirs forever.
Lastly I give to my son John the sum of five dollars
to him and his heirs forever.
I do hereby revoke all other or former will or testaments by
me heretofore made for (??) where of I have hereunto set my hand and affirm my
seal this 6th day of September 1845
James Gardner (his mark) - seal
Consisting of one sheet.
The above instrument was now here subscribed by James
Gardner Sr. the testator in the presents of each of us and was at the same
time declared by him to be his last will and testament and we at his request
signed our named hereto as attending witnesses.
Joseph Horton residing in Carroll County, VA
James Jennings residing in Carroll County, VA
Virginia - At a Court held for Carroll County at the Courthouse on Monday the 7th day of May 1849 this writing purporting to be the last will and Testament of James Gardner Dec’d was proven in Court by the oathes of Joseph Horton and James Jennings subscribing witnesses hereto and was ordered to the record. Teste - William Lindsey CC"