Revolutionary War Pension and Bounty Land Warrant Application File R. 1260, Daniel Brooks, Mass.
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Mass           Brooks, Daniel            R1260
                                  Susanna
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10.606 
New Hampshire 
Daniel Brooks
of Strafford in the State of N H 
who was a Private in the company commanded by Captain --- of the regt commanded Col Prine in the Mass line for 2 years.


Inscribed on the Roll of N H at the rate of 80 Dollars  -- Cents per annum, to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 15th day of April 1833 and sent to ┃ McIntire Plainfield Maine

 Arrears to the 4th of Mar 1833 $160- Semi-anl. allowance ending 4 Sep       $40 
                                      [total]    $200 ┃ ⎨ 

Revolutionary Claim, Act June 7, 1832. Recorded by M. Bain, Clerk, Book E. Vol. 1st Page 73
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12.658
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Declaration

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

State of New Hampshire
County of Strafford   }  SS 

At a court of Probate holden at Eaton in said County, On this Thirteenth day of September personally appeared before the Judge of the Court aforesaid Daniel Brooks, a resident of North Effingham in the County of Strafford and State of New Hampshire, aged 71 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the army of the United States in the year 1776 with Capt. Lowell and served in the regiment of the Massachusetts line, under the following named officers: 

In the month of April 1776 he enlisted in the town of Falmouth in the Company commanded by Capt. Abner Lowell for one year was stationed at Falmouth, now called Portland served one year and was discharged, said discharge was not in writing. That in April 1777 he enlisted again in the company commanded by Capt. Lowell for eight months and served at the above mentioned place the whole term of my enlistment and was discharged and [the] discharge was not in writing. that in years 1780 he enlisted again in the Company commanded by Capt. Joseph Pride for eight months and joined the regiment commanded by Col. Prime, was stationed at said Falmouth the whole term that he was discharged and discharge was not in writing. the whole term that he not only served in the Revolutionary War was two years and four months. that he was born in Kittery in the district of Maine, moved to Falmouth, lived in Falmouth 40 years, moved to Effingham, now North Effingham where he resides and has for about 30 years past. 

He hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any agency in any State. 
Sworn to and subscribed the day and year aforesaid. 

[signed]     Daniel Brooks

In open court

And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier, and served as he states. 
[signed] Daniel Calthinoon, Judge of Probate 

I, James Bartlett reg,t of the Court of Probate do hereby certify, [statement blocked] -regoing contains the original proceedings of the said court, in the matter of the application of Daniel Brooks for a pension. 

In testimony whereof I have hereunto set my hand and seal of said Court this 13th day of September AD 1832
[signed] James Bartlett, Reg't
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On this tenth day of October in the year of our Lord one Thousand Eight Hundred and Forty five personally appeared before the Hon. Ashur Ware, judge of the U.S. for the District of Maine, Samuel Brooks of Freedom, New Hampshire and now in Portland, Maine, who for himself and for Charles Brooks, John Brooks, Wm Brooks & Gardner Brooks of Buxton, Maine, & for Matty Durgin of Dixmont, Maine, Betsy Brooks of Porter, Maine, Abigail Boynton & Mary Palmer of Eaton, N.H., & Sally Stewart of said Freedom, doth on his oath make the following declaration in order to obtain the benefit of the provision of the Act of Congress passed July 7th 1838 – 
And this declarant states that his father Daniel Brooks late of Freedom, Strafford county, New Hampshire was a pensioner of the U.S. and was placed upon the pension list under the Act of 1832. His father was a resident of Falmouth, State of Maine, in the time of the revolutionary war and he believes that his father served in Capt. Abner Lowell’s company of Matross also in a Company under the command of Capt. Pride and in Capt. Reed’s
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Company. He believes that his father served more than two years in the whole, but he is unable to give the particulars of his service. This declarant believes that his father did prove by living witnesses at the time he made application for a pension. His services in the war of the Revolution, and to that testimony this declarant refers – 
And this declarant further states that his father Daniel Brooks died on the 24th of November 1836 and that Susanna Brooks, his mother, died on the 4th day of August A.D. 1838. He further states that his mother Susanna intermarried with his father on the 26th day of September 1782 and that the maiden name of his mother was Susanna Dunn and she was a resident of Cape Elizabeth at the time of her marriage. 
In behalf of himself, John, Charles, William, & Gardner Brooks, and Matty Durgin, Betsy Brooks, Abigail Boynton, Mary Palmer, & Sally Stewart, the only surviving children of Susanna Brooks, this pension is claimed by the subscribers. 
[signed] Samuel Brooks
Signed and sworn to before me, December 10 1845
[signed] Ashur Ware
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District of Maine  S.S. 

Portland, November 24th, 1845 
I, Ashur Ware Judge of the United States for the District of Maine, hereby certify that satisfactory evidence was adduced to prove that Daniel Brooks late of Freedom, N.H. was a pensioner of the United States. That he died on the sixteenth of November eighteen hundred and thirty-six. And left a widow by the name of Susanna Brooks, who died on the 4th day of August A.D. 1838, and that the children and only surviving children of said Daniel and Susanna Brooks, are Samuel, Charles, John, William, Gardner, & Betsy Brooks, Matty Durgin, Abigail Boynton, Mary Palmer, & Sally Stewart. 
[signed] Ashur Ware
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Maine. 12360    Maine
Susanna Brooks died
Widow of Daniel 
Jun 29 1845

Act 7 July 1838
Married 1782
Husband died 1836
Widow died 1838

Registered
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State of Maine
Cumberland  ss:

Clerk’s Office, Judicial Court
Portland November 20th A.D. 1845

I, Charles Cobb, Clerk of all the Judicial Courts in said County hereby certify that the following marriage appears in the list of Marriages returned to this office by the Rev’d Ephraim Clark, Minister of the Gospel in the years 1780, 1781, and 1782 and 1783, and recorded in the Sessions Records for said county, to wit: 
Daniel Brooks and Susanna Dunn, September twenty-sixth, in the year of our Lord One Thousand seven hundred and eighty-two. 
And I further certify that the forgoing is a true extract from said Records of said Marriage excepting the “words” September Twenty sixth in the year of our Lord One Thousand seven hundred and eighty-two” which are plainly and legibly expressed in the words and figures following to with, “September 27.1782.” 
In testimony whereof I have hereunto
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Set my hand and affixed the seal of the Supreme Judicial Court of said State the day and year first above written 

Charles Cobb, Clerk
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United States
Maine District
Circuit Court Clerk's Office. 

I hereby certify that the Honorable Ashur Ware before whom the foregoing proceedings were had is Judge of the United States in and for Maine District and that the several signatures thereto purporting to be his are his genuine signatures. 

In testimony whereof I have hereto set my hand and affixed the Seal of said Circuit Court this twenty fifth day of November in the year Eighteen hundred and forty five 

John Mussey, Clerk U.S. Circuit Court Maine
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Daniel Brooks 
N. Hampshire

Private 2 years 
$80-

12658

Hon R. McIntire
Plainfield Maine
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Brief in the Case of Daniel Brooks
County of Strafford, in the State of N.H.
(Act 7th June 1832) 
1.	Was the declaration made before a Court or a Judge? 	Before the Judge of Probate
2.	If before a Judge, does it appear that the applicant is disabled by bodily infirmity? [no response to this question]
3.	How old is he?  71
4.	State his service, as directed in the form annexed.

Period:	
April 1776 enlisted	1 year	Private		Capt. Lowell 
April 1777 enlisted	8 monthsPrivate 	Capt. Lowell 
April 1780 enlisted 	8 month	Private		Capt. Pride, Col. Prime
	Served a total of 2 years, 4 months
5.	In what battles was he engaged? None mentioned 
6.	Where did he reside when he entered the service? Town of Falmouth, Maine
7.	Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary , three witnesses. 
8.	Are the papers defective as to form or authentication? And if so, in what way? No response to this question.
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
George Taylor, examining clerk
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1236
Susanna Brooks, dead
Maine
Rejected
Set to H, Bradford Jan’y 12, 1846
s. due June 8 1846
Act 7 July 1838
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Freedom 					Part 5
Oct 27

Freemon Bradford, Esq
Portland, (me)
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Mr. Bradford, 

Sir, I was mistaken in one particular in the affidavit wich I testified to – the time of my Father’s death upon search, I find he died on the 16th of November, I testified it was on the 24th if it will answer for you to alter the date to the 16th please to do it if not, please to write me and I will come down in November 

[signed] Samuel Brooks,
Freedom, Oct. 24 1845.
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Pen off
June 8 1846
Sir,
The claim of Elizabeth Rollins ^dec’d^ who died in 1839 & whose husband was alive subsequently to the purpose of the act of 7 June 32, was improperly allowed. This is sufficient answer to yours respecting the decision communicated to you on 10 Jany last, in the case of Susanna Brooks decd. The practice of the Dept to May ‘42 was to allow the widow for all of the 5 years to which the act was limited unless the husband recd a pension for a portion of it & in that case the widows pension commenced when the husband's terminated - In May ‘42 the attorney general decided that no widow was entitled under that act whose husband survived the passage of the act of 7 June 32, This therefore, the true interpretation to the act untill that difficulty was removed by the reso
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Resolution of 16 Aug. ‘1842, as neither Susanna Brooks nor Elizabeth Rollins was alive when that resolution passed, they are not entitled because their husbands were pensioners after 7 June ’32. 

[off side on paper]  Freeman Bradford
June 8 1846

Freeman Bradford Esq
Portland
Me
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F. Bradford 
Jan’y 12 ‘46
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Pension Office
									January 12 1846

The application of the heirs of Susanna Brooks for the amount due their mother at the time of her death has been examined and disclosed.
Prior to the passage of the June resolution of the 16 August 1842, no widow whose husband was living on the 7 June 1832 was entitled to a pension under the act of 7 July 1838. It assumes from the declaration in this case that Susanna Brooks died on the 4 August 1838 and that her husband Samuel Brooks death took place on the 24th November 1836. There was therefore nothing due Mrs. Brooks at her death which her children can now receive a claim. 

Freeman Bradford, Esquire
Portland, Maine
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J.L. Edwards, Esq
Pension Department
Washington, D.C.
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Parsonsfield, Maine        Sept 19, 1832

J.L. Edwards, Esquire

Enclosed herewith are some papers on the application of Daniel Brooks of North Effingham, New Hampshire for a pension.

Any communication to him will reach him at North Effingham, New Hampshire 

If consistent with the rules of the Department he would prefer being placed on the Maine Agency for payment in case his application should be successful in Portland is the market town for this section of New Hampshire where he resides and would be more convenient than Portsmouth. 

Yours Rufus White
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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 Daniel Brooks which require further proof or explanation.

1.	Does the declaration show where the applicant resides? 	Yes
2.	Did the declarant make the declaration in the county where he resides?     Yes
3.	If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?   [no response]
4.	Has the declarant mentioned the period or periods of the war when he served? Yes
5.	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 amount of pension he is entitled?  Yes
6.	Has he given the names of the officers under whim he served, in conformity with the regulations? Yes
7.	Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
8.	Has the Court given their opinion? Yes
9.	Has the Clerk given his certificate? Yes 
10.	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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11.	Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?	Blank

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

13.	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?   Blank

14.	If the applicant’s name is not found on the rolls of military service, has he produced a witness of witnesses as to his service? Yes   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? Yes   Has the proper officer certified to the official character and signature of the magistrate as to regulations direct?  Yes

15.	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?  Yes

16.	Are the papers authenticated as the regulations direct? Yes

17.	Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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8
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 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.
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.
QUERE XVI. Mode of authenticating
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.
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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Deposition
From John Sawyer for 
Daniel Brooks     1780
8 months at
[illegible] Captain
Joseph Prides Company
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I, John Sawyer of Westbrook in the County of Cumberland ss State of Maine aged 71 years testify and say that sometime in the month of April in the year 1780. Daniel Brooks now of North Effingham, County of Strafford, state of New Hampshire. Enlisted into the Company commanded by Captain Joseph Pride of Falmouth Casco Bay for the term of Eight months the company was stationed at said Falmouth for its defense. the despondent enlisted into  and served in the same company with said Brooks until the company was disbanded in December of said year. The company was attached to Colonel Prime's regiment.

John Sawyer

Cumberland, Augus 18, 1832
Subscribed and sworn to before me 

George Bishop, Justice of the Peace 

Westbrook, August 10, 1832
I certify that John Sawyer the desponant 
is a person of truth and accuracy and with us is considered a good witness.
George Bishop, Justice of the Peace 

State of Maine
Cumberland County  SS

I, William T. Vaughn, Clerk of the Courts of Cumberland County, do certify that George Bishop is a magistrate as above, and that the foregoing signatures purporting to be his are genuine -

In testimony whereof I have hereunto subscribed my name and affixed my seal of office this twentieth day of August A.D. 1832. 

WT Vaughan
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Deposition 
James Breakurst for 
Daniel Brooks    1777 9 months 
Capt. Lowell 
Co. at Fal.
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I James Bouckett of Westbrook in the county of Cumberland SS State of Maine

Aged 80 years depose and say that in the year 1777 sometime in April or May of said year I enlisted into a company of artillery commanded by Capt. Abner Lowell at Falmouth (now Portland) we were stationed at a fort in said town for the defense of the place. I was acquainted with Daniel Brooks now of North Effingham in the State of New Hampshire he was a soldier in the aforesaid Company & served out the time of his enlistment, which I think was nine months and was discharged on the company disbanded at the last of the year or at the first of the year 1778. 

[signed] James Brachett 

Cumberland ss August 18 1832

Subscribed & sworn to this day before me 
George Bishop, Justice of the peace 

Westbrook Aug 18th 1832
I certify that James Braudrett the despondent is a person of truth and a credible witness is a person 

George Bishop, Justice of the peace 

State of Maine 
Cumberland County ss

I William L Vaughan, clerk of the courts of Cumberland County do certify that George Bishop is a magistrate as above, and that the foregoing signatures purporting to be his are generous – 

In testimony whereof I have hereunto subscribed my name and affixed my seal of office this twentieth day of August A.D. 1832 – 
W T Vaughan
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I Robert Hilburn of Minot in the county of Cumberland and state of Maine aged ninety-two years on oath say that I enlisted in the company commanded by Capt. Abner Lowell who commanded an artillery company in the state service of Massachusetts in the Revolutionary war, I enlisted first for twelve months in the year 1776 and then I enlisted for eight months and served both of said terms in Falmouth in the then district of Maine, but now Portland and was dismissed in the spring of 1778 – I further say that I well recollect that Mr. Daniel Brooks of North Effingham in the county of Strafford and state of New Hampshire served with me during the whole of the two terms of twelve and eight months -  I was familiarly acquainted with the said Daniel Brooks before we served in the war and for a number of years since we left it, and I have had such knowledge of where he has lived that I have no doubt but what he is the very identical man who served with me as above stated. 

[signed] Robert Hilburn

State of Maine, County Cumberland ss
September 4th 1832. 

I hereby certified that I live or near neighbor to the above named Robert Hilburn and he is a person of strict integrity and his faculties but little repained for one of his age. 

Personally appeared and made oath to the above deposition by him subscribed to be the truth. 

Before me Joshua Parsons, Justice of the Peace


Maine District ss: 
District Clerk’s office                          
September 8th A.D. 1832

In testimony that Joshua Parsons Esquire who took the above deposition is a Justice of the Peace duly qualified and that his official attestations are entitled to full faith and credit I have hereto set my hand and seal of office the day and year above written, 

John Mussey, Clerk U.S. Courts
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Portland Nov. 25th 1845

Sir 

I here with send the application of the heirs of Susanna Brooks, widow of Daniel Brooks for the pension due to said Susanna in her life time, 

I am, sir, 
Very Respectfully, 
Your obt. Serv’t 
F. Bradford 

J. L. Edwards Esq.
Commr of Pensions
Washington
D. C.
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Revy  17856
Invalid 
File No. 17856
Daniel Brooks
Priv Rev War 

Act June 7 ‘ 1832
Index Vol. 1, Page 438
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Rejected 
1260

P. O. Susanna Brooks
Widow of Daniel 

Service:

Enlisted:    ,18
Discharged:    ,18

cation filed:     ,18

ges: List if rejected (or suspended) claims printed in 1852, 

enlisted: shows cause of rejection as follows: not a widow June 7 1832
Died before Aug. 16, 1842

Attorney:
P. O.

Recognized.     Contract.
Cert. of Dis.  Searched for    ,18
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March 7, 1846
Recd
Susanna Brooks

J L Edwards, Esq.
Comm’r of Pensions
Washington, D.C.
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Portland 4th March 1846

Sir 
In answer to your letter of January 12th 1846 in relation to the claim of Susanna Brooks widow of Daniel Brooks, I have to state that the rule adopted in the case, is at variance with the former practice of your department in similar cases, and especially is it different, from the rule adopted in the case of Elizabeth Rollins, widow of Saucee Rollins, who died on the 28th October 1832. And whose widow died before the passage of the joint resolution of the 16th of August 1842. The parallel between these cases is most perfect. In the case of Mrs. Rollins, a pension was granted on application sent to your office in July 1845 and I understand from the pension agent no objections have been made to his account therefore by the accounting officers of the Government. 

I am unable to understand what new right the joint resolution of August 16th 1842 conferred on claimants of this description as it is termed a “Resolution Declarations of the pension act of July 7, 1838. 

I submit the case again for your considerations, 
I am very respectfully,
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J.L. Edwards, Esq.
Comm’r of Pension
Washington, D.C. 

Your obt Serv’t
F. Bradford