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
