Revolutionary War Pension and Bounty Land Warrant Application File R. 1301, Bernis Brown, V. A.
Page 1

Virginia

Brown, Bernis
Henrietta

R.1301
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State of Virginia
Albemarle County

On the 23rd day of October 1842

Personally appeared before me a Justice of the peace in and for the county aforesaid, Henrietta Brown, a resident of Albemarle County and State of Virginia, aged Eighty one years. Who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of congress passed July 7, 1838; entitle "An act granting half pay and pensions to certain widows; That she is the widow of Bernis Brown, whom she has often heard state that he commanded a guard in the Revolutionary War, that guarded the prisoners tha was kept confined in the jail in the town of Charlotesville in Abermarle County State of Virginia; that whilst in the command of said guard he was called, Captain; but she cannot now state the rank or commission which he whilst int he service; but would refer to the evidence that will accompany his declaration; and to the declaration of Daniel Maupin, now on the files of the pension office; whom she has understood to have been in the service under the command of her late husband, whilst he commanded the guard in Charlottsville, she cannot now state the year or years that he performed his services in, but she dows well know, that the term of his services, whilst in command of the guard was for eighteen months; and his term of service expired but a short time before their marriage; she further states, that whilst in the service she believes that he was under the command of Colonel Nicholas Lewis, and that he belonged to the Virginia Militia. She further declares that she was married to the said Bernis Brown on 17th da of November 1779, that her husband the aforesaid Bernis Brown dies on the 30th day of October, 1814, that she was not married to him prior to his leaving the service, but the marriage took place previous to the 1st day of January, 1794 viz at the time above stated.

Henrietta Brown [ her mark ]

Sworn to and subscribed on the day and year last above mentioned before me. I certify that Henrietta Brown is unable to appear in court in consequence of old age and bodily infirmity.

T. H. Brown, J. P.
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State of Virginia
Albemarle County

Be it known thaton the 23rd day of October 1842 personally appeared before me a justice of the peace in and for the county aforesaid Benjamin T. Brown, and made oath in due form of law that he was well acquainted with Bernis Brown the laste husband of Henrietta Brown, and that the said Bernie Brown died on the 30th day of October 1814; and the said Henrietta Brown has never intermarried; but still continues the widow of said Bernis Brown.

Benjamain T. Brown

Sworn to and subscribed on the day and year last above mentioned before me Thomas H. Brown JP

I certify that I am well acquainted with Benjamin T. Brown and that he is entitled to full confidence.

T. H. Brown, J. P.

State of Virginia
At a court helf for the county of Albermale on sunday the 7th day of November 1842.

The declaration of Henrietta Brown made under the provisions of an act of Congress passed July 7th, 1838, granting half pay and pensions to certain widows, together with the certificate of Thomas Brown a justice of the peace in and for the county of Albermarle in the state of Virginia was produced in open court, and upon examination of said declaration and certificate, the court doth order that it be certified to the war department at Washington City, that the said declaration and certificate and other proceedings are affirmed of by the court.

In testimony where of I Ira Garrett Clerk of the county court of Albermarle in the state of Virginia, hath set my name and affixed the seal of said office this 8th day of November 1842.

Ira Garrett
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State of Virginia

Albemarle County Court

I Ira Garrett clerk of the county court of Albemarle in the state of Virginia do certify that I find no return of marriages or licenses issued among the records of my said office previous to the year seventeen hundred and eighty, and that I find no return of marriage or any license issued to Bernice Brown to intermarry with Henrietta Brown, the widow mentioned in the foregoing declaration.

In testimony whereof I have hereunto set my name and affixed the seal of my office this 8th day of November 1842 in the 67th year of the Commonwealth.

Ira Garrett CC
Page 5

The deposition of Brightberry Brown; Testifies that he is Eighty one years of age and that he was well acquainted with Burnis Brown, the late husband of Henrietta Brown, and he does know that the said Burnis Brown, was under the command of Colonel Nicholas Lewis, County Commandant whilst commanding officer of the guard, in the town of Charlottsville in the Revolutionary War, and not under the command or control of the Sheriff of the county, he futher testifies that the persons that were guarded were tories or persons sent from below, and deemed unsafe to be permitted to go at large, and he believes there was a strict guard kept over the prisoners whilst under the command of said Brown, two of the persons guarded were by the names of Goodrich (an old man and his son) there were others likewise under guard, he further testifies that the said Brown was commandant of said guard at the lowest period of time twelve months. He believes he served longer, for he despondant superior did business for the said Burnis Brown which he commanded the guard at Charlotsville, deposant cannot now give dates as to the service of the said Burnis Brown but he does well remember that it was early in the Revolutionary War, and during the time that Burgoyne's prisoners were guarded at the barracks, and he further testifies that he does well remember that the said Burnis Brown and Henrietta his wife were married before the ending of the war, that he was present and saw the marriage ceremony performed.

Brightberry Brown

State of Virginia
Albemarle County

Bet it known that on this 2 day of June 1843 before me the subscribed a justice of the peace in and for said county personally appeared Brightberry Brown and made oath in due form or law that the facts set forth in the above depositions and by him subscribed are true. Given under my hand the day and year above written.
T H Brown, J. P.

I certify that I am well acquainted with Brightberry Brown, and he is entitled to full confidence, the words said and time interviewed by are qualified to
T. H. Brown
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State of Virginia
Albemarle County Court

I Ira Garrett Clerk of the County court of said county in the state of Virginia do hereby certify that upon excummunication of the records of said court and the marriage and herein lands in my office, and that there is no evidence to be found vouching the marriage of Burnis Brown and Henrietta Rhodes. I further certify that Thomas H Brown who has signed the foregoing certificates is now and was at the date thereof, an acting justice of the peace in said for the said county and commissioned and qualifed as such and that his signautres thereto are genuine.

In testimony whereof oI have hereunto set my hand and affixed the seal of said county court this 12th day of June 1843.

Ira Garrett, CC
Page 7

The deposition of Jesse Lewis. Testifies that he is eighty years of age and that he was well acquainted with Burnis Brown, who intermarried with Henrietta Rhodes, and he does know that the said Burnis Borown commanded a guard, in the town of Charlotesville in the county of Albemarle State of Virginia early in the war of the Revolution, he cannot now name the year, the said Brown was generally called Captain of the guard, but he desponant believes he only ranked as a Sergeant, that he had under guard an old man by the name of Goodrich and his son. They were called torries, he understood that they were sent up from below, from somewhere near Williamsburg, by what authority he does not now know. He understood the Goodrich was a man of wealth and that he Goodrich intended as making his way to join Lord Dummon, there was other prisoners belonging to the British in harlottesville at the same time, (wounded) taken at the battle of the Long Bridge near Norfolk, at the time when their Captain Fordice was killed, there was likewise two or three British officers at Charlottesville he believes that they were Naval Officers and the officers seemed to go in the neighborhood as they pleased, he supposed upon parole. Goodrich and his son has a room and a Sentinel always at their door to guard them unless allowed to take some recreation and then a sentinel to attend them; he further stated that he believes that the said Burnis Brown was in the service whilst command the guards as aforesaid at least twelve months, and he further testifies that the said Burnis Brown and Henrietts Brown his wife was married before his desponant several years, and desponant was married in the month of in the year of 1786.

Jesse Lewis

State of Virginia
Albemarle County
Be it known that on the 5th day of June 1843 before me the subscriber a justice of the peace in and for said County personally appeared Jesse Lewis above named and made oath in due form of law, that the facts set forth in the above deposition are . Given under my hand the day and year last above mentioned.

J L Thomas J.P.

I certify that I am well acuquainted with Jesse Lewis and he is entitle to the fullish confidence.

J L Thomas J. P.
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State of Virginia
Albemarle County

I Ira Garrett clerk of the County and of said county do hereby certify that John L Thomas who has signed the foregoing certificates is now and was at the date thereof, an acting Justice of the peace in and for the said county duly commissioned and qualifed as such, and that his signatures are genuine.

In testimnoy whereof I have hereunto set my hand and affixed the seal of said court this 12th day of June 1843.

Ira Garrett CC
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Pension Office
December 23, 1842

Sir,
The papers in the case of Henrietta Brown widow of Bernis Brown, have been examined and filed. This claim is percented on account of the alleged service of Bernis Brown, who it is stated, commanded a company of volunteers to guard certain prisoners at Charlottesville. It is not necessary to make any rmark as to the contradictory statements of the affidavits, not the insufficency of the proof of the marriage. The fact that no such company as Brown's was ever authorized by law, or considered as a military company, contributes an indispensable objection to the claim, If he was at the jail and guarded the tories, the association to which he belonged could have been nothing more than a mere guard formed for the assistance of the sheriff, which he had a right under the laws of Virginia to raise, by in predicament, if necessary. The claim of Daniel Maupin (now dead) which is referred to in William Brown's papers, and who was probably with Brown, would not have been allowed, had we been in possession of as much informatio when we acted on his case as we now have.

Thomas Monroe, Esq.
Chartlottesville
Virginia

No. 8512
act 1838
Virginia care
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1843

Virginia

Henrietta Brown
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Woodstock Virginia June 7th, 1843

Sir,
I have enclosed to you two depositions in support of the claim of Mrs. Henrietts Brown for a pension. She requests that you again give her papers a reconsideration, and if they be found satisfactory to have her placed upon the pension roll.

I have likewise enclosed to you some further evidence in support of the claims of Mrs. Margaret Jamison to a pension she asks that you will please have her papers reexamined.

I would be please to hear from you in the case of Mrs. Norris, here papers was forwarded to the pension office some time in the months of November from Charlottesville, likewise in the case of Mrs. Mary Long and Mrs. Nancy Wright.

Very respectfully yours
Thomas Monroe

I. L. Edwards Esq
Commissioner of Pensions
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No. 8512

Henrietta Brown
widow of Bernis Brown

Act 7 July 1838

Virginia claim Rejected. 

See letter to Thomas Monroe Dec. 23 1842
August 8, 1843
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152
Pen Off
Aug 9 43
Sir
In the case of Henrietta Brown the addl. evidence enclosed in Yours of 17 June has been examined & filed -
So far as it goes to sustain the only service claimed by the claimant viz that rendered in command of a guard at Albemarle Ct House for 18 mo prior to her marriage in 79, I refer you to my letter of 23 Decr. for the decision of the Dept
The Tours of service in the Militia which the witness sets forth as being rendered in 1780 & 1781 conflict with her own declaration upon oath; that she was married in 1779 & that he was not subsequently in service ~
She is not entitled ~
Thos. Monroe Esq
Woodstock
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No 8572
Nov 21. 1842
Va.
July 7. 1838
Henrietta Brown

[Vertical]
FREE
James. L. Edwards Esq
Commissioner of Pensions
Washington City
Page 15

Charlottesville Va Nov 18th 1842
Dear Sir,

You will find herewith enclosed the
declaration of Mrs. Henrietta Brown, together with the
accompanying testimony;  She requests that you will please
cause her pains to be examined and of Satisfactory to
have her placed upon the pension roll of the United States;
you will please direct any communication that you write
to make to me through the Woodstock Post Office.

I am Sir Very
respectfully your
Ob. Trust
Thomas Monroe

James L. Edward, Eoq.
Commissioner of Pensions
Page 16

311
(stamped rejected)
P.O. Henrietta Brown
widow of
Service: Benis Brown

Enlisted: (blank), 18
Discharged: (blank), 18
Application filed: (blank), 18
A???ges:  List of rejected claimed printed
??? in 1852, shows cause of re-
Reenlisted: jection as follows:
Did not see in any reg-
ularly organized corps.

Attorney: (blank)
P.O. (blank)
(blank) recognized        (blank) Contact
(blank) Cert of Dis.  Searched for (blank), 18
Page 17

Virginia

Brown, Berris
Henrietta

R.1301
Page 18

State of Virginia
Albemarle County SS.
Be it Known that on this 19th day of October 1842, before me the Subscriber a Justice of the peace in and for the County aforesaid, personally appeared Brightberry Brown aged Eighty years, and made Oath in due form of law, that he was well acquainted with Bernis Brown; the late Husband of Henrietta Brown and that he does well know, that the said Bernis Brown, was commanding officer, of the guard, that guarded the prisoners that was kept Confined in the Jail of Charlottesville, in the time of the Revolutionary war; and at the Same time Genl. Burgoynes prisoners was kept at the Barracks in Albemarle County; affiant Cannot now Say what Commission that the Said Bernis Brown bore, whilst Commanding the guard but he does well know that he was Called Capt. of the guard, affiant further States that he was frequently in Charlottesville in the time that the said Brown was Commanding the guard, and he often saw him whilst in the Service, and he believes that he Served fully Twelve Months or longer, for the affiant Superinted business for the Said Bernis Brown, whilst he was in Command of the guard; he further states that the said Brown belonged to the Virginia Malitia at the time he was in the Service aforesaid
and affiant further States that the said Burnis Brown was married to Henrietta his wife, (whose maiden name was Henrietta Rodes) Some years before the ending of the revolutionary war and he was present and Saw the marriage Ceremony performed, but he Cannot now give the day or year of their marriage, Neither can he now State the year that the said Bernis Brown, was in the Service but he does know that it was previous to their marriage,
Brightberry Brown

Sworn to and Subscribed on the day and year last above mentioned before me Thomas H Brown J.P.
I Certify that I am well acquainted with Brightberry Brown Subscriber to the above affidavit and he is entitled to full Confidence
T,, H,, Brown J.P.
Page 19

State of Virginia
Albemarle County Court
I Ira Garrett Clerk of the County Court of Said County do hereby Certify that Thomas H Brown whose name is affixed to the within Certificate is now and was at the date thereof, an acting justice of the peace in and for the said County duly Commissioned and qualified as such, and that his signature thereto is genuine
In Testimony whereof I have hereunto set my name and affixed the seal of said Court this 31 day of October 1842 in the 67 year of the Commonwealth
Ira Garrett CC
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State of Virginia
Albemarle County SS
On this 7th day of November 1842 personally appeared before me the Subscriber a Justice of the Peace in and for the County aforesaid Jesse Lewis aged eighty seven  years, and made Oath in due form of law; That he was well acquainted with Bernis Brown (who intermarried with Henrietta Rodes) and he does well remember that the said Bernis Brown was Commanding Officer of the guard that guarded Several prisoners. that was kept Confined in the Town of Charlottesville in the time of the revolutionary war, (the said prisoners being Tories) affiant States that the Said Brown was always Called Captain of the guard whilst Commanding in Charlottesville, but he ranked only as a Sergeant; affiant further States that he is of the Opinion and he does believes, that the Said Bernis Brown was in the Service whilst Commanding the guard twelve months, or about that length of time, affiant does not know if the Said Brown was not a longer period in the Service than twelve months, but he does think that he Served twelve months or thereabouts, Affiant Cannot now name the year or years that the said Brown Commanded the guard in the Town of Charlottesville, but he does know that it was early in the Revolutionary war; and affiant further States that he does know that the Said Bernis Brown was married to Henrietta Rodes, named above at least fifty five or fifty six years ago for he does know that they were Married previous to his own Marriage and that he affiant has been Married upwards of fifty years
Jesse Lewis
Sworn to and Subscribed on the day and year last above mentioned before me Jno. S. Cocke J.P.
I Certify that I am well acquainted with Jesse Lewis, subscriber to the above affidavit and he is entitled to full Confidence
Jno. S. Cocke JP.
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State of Virginia:
Albemarle County

Ira Garrett Clerk of the County C????
of Albemarie in the State of Virginia, do hereby certify that
John S. Cocke whose name is amended to the within certificate
is now and was at the date thereof our acting justice of the
peace in and for said county duly Commissioned and qualified
as such and that his signature thereto is genuine.

In Testimony whereof I have ????
set my ??? and affected the seal of
the said county court this 8th day of
November 1842 in the 67th year of the
commonwealth.
Ira Garrett CC

(appears there is/was a seal on the left side of the page).