Revolutionary War Pension and Bounty Land Warrant Application File S. 6717, William Brooks, Md. N.C.
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[typed form, with handwritten responses]
(3-1776)
SERVICE NUMBER
Md. Brooks, William S. 6717
N.C
__________________________________________________________leaded (?)
CONTENTS
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[typed form, with handwritten responses]
[left side of page]
Paid at Treasury under act 6 April 1838, from 4th Sept. 1843 to 22 Jan. 1844. 
Agent notified 21. Apr. 1845.

[typed form, with handwritten responses]
[right side of page]
North Carolina N. 27.820
William Brooks of Ruther? Co. in the State of N. Carolina who was a Private in the ______ command by Captain ______ of the Reg. commanded by Col. Little in the Maryland  line for 12 months & 10 days

MD and N.C June 25/040
___________________________Records Completed
Inscribed on the Roll of North Carolina at the rate of 41 Dollars 11 cents fiet annum. to commence on the 4th day of March, 1831.

_________________________________________________

Certificate of Pension issued on the 2nd day of June 1834 and Just to Now. J. Graham. M.R.

________________________________________________

Arrears to the 4th of March 1834     
Semi-anl allowance ending 4. Sept.

123. 33.
  20.55
____________
$143. 88

{Revolutionary Claim,
Act June 7, 1832}

Recorded by D. Brown                             Clerk
Book 3.         Vol. 69.   Page 46
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State of No. Carolina
Rutherford County
On this 22nd day of April 1834 personally appeared before the Judges of the County and State aforesaid in open Court Wm Brooks a resident of Sandy run Rutherford County and State of No. Carolina aged 89 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 the 7, 1832 That he enlisted in the Army of the United States in the year 1776 and in the month of February with Capt Sims and served in the regiment of Col. Smallwood he was living in the Town & County of Frederick State of
Maryland when he entered the service. he was
enlisted for the term of twelve months and was thirty one years old when he enlisted as he was told he first marched to Annapolis from there to New York then to Long Island and was in the Battle there on the 27 of August commanded by Lord Sterling and this Battle Gen. Sullivan and Lord Sterling was taken
prisoners, he then went back to New York and
had a skirmish between there and Harlum town he was then marched to the White Plains where they had a Battle commanded by G. McDougal which took place he thinks on the 27 of Nov in this Battle he got his rite leg broke and was sent from there to the Hospitle he served ten months before he got his leg broke was two months in the Hospitte then
discharged by a Doctor whoes name he has forgot he got home in the month of March he then moved to Gilford So Carolina he was then drafted in the year 1779 for three months until the authority of So Carolina in December to best of his memory under Capt Shast 
Lieutenant Lemmon and George Dun Commissary Sergeant in the regiment of Col. Litle and was marched to Charleston So Carolina where Gen Lincoln Commanded on the first of April we made ditch from the heads of different swamps and dug deep holes
in short distances of each other, we also thru  up brest works to keep the British from landing on the fifteenth or sixteenth we made a camp at a place called Mans corner to keep up the communication between the Town and the Country but the Militia was  routed by the enemy about this time the British killed a great number the Horse men on the San Tee river he
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he believes Gen. Lincoln Surrendered to Lord Cornwallis between the tenth and fifteenth of May 1780 and when  he three months had expired he volunteered under the same officers for three months more and in a few days after the surrender of Gen. Lincoln he received a parole from as my last three months was not quite out he was in the service six months & ten days from the the time he drafted untill he got home to Gifford and in the month of June 1781 he was drafted for
three months under Capt Canner and Lieu. Col. Pasley and took a tower on deck river after the Tories he was in no general engagement but had several skirmishes and when his draft was out, he volunteered for three months more under Capt Moore Lieut Barnes in Col, Pasley regiment he then went home to Gilford,
he shortly  after moved to Sandy Run where he now lives he was not employed in any civil pursuit during his tours he knows of no person now living by whom he can prove his services he has no documentary proof he has lost his discharge from the Hospitle and the parole from Charleston given by a person whose name he does not recollect. He hereby relinequishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency of any state
Sworn to and subscribed this day and year aforesaid in open Court
William Brooks    his mark

T. F. Birchett Clk

Personally appeared before me the
undersigned a Justice of the peace of the County of Rutherford and State of
No. Carolina William Brooks who being duly sworn deposeth and said that by reason of old age and the consequent loss of memory he cannot  swear positively as to the precise length of his services but according to
the best of his recollection he served not less than the periods mentioned below and in the grade of a common soldier first term ten months in actual or vice two month in the Hospitle one month going home second term drafted for three months third term volunteered three months & ten day fourth term drafted three months fifth term volunteered for three months Total two years one month and ten days
William Brooks    his mark
Richd Harrell  JP
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And said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier and served as he states. Richd Harrell Clk
TJ. F. Birchett Clerk of the Court of Rutherford County State of No. Carolina do herby certify that the foregoing contains the original proceedings of the said court the matter of the application of William Brooks except No 30849 which is returned from the war department for amendment __ in testimony whereof I have
hereunto set my hand and seal of office this 29th day of April 1834
T. F. Birchett  Clk

We Drury Dobbins a Clergiman residing on Sandy run in one mile of the applicant and Thomas Wilhem residing on and in the same hereby certify that we are well acquainted with William Brooks who has subscribed and sworn to the above declaration That we believe him to be 89 years of age, that he is 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 to and subscribed this day and year aforesaid in open Court 
Drury Dobbins
Thomas Wilhem
J.P. Burdett Clk

And the said Court do hereby declare
the investigation of the matter, and after putting the interrogatories 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 Drury Dobbins who has signed the preceeding certificate is a Clergeman resident in the 
County of Rutherford on Sandy Run and that Thomas Wilhem who also signed the same
is a resident in and on the same is a credible
person and that their statement is entitled to 
credit
Test T. F.. Birchett
Rihd Harrell
J. F. Birchett Clerk of the Court of Rutherford County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Brooks except the number above mentioned which is returned as aforesaid I further certify that the above Court is a Court of record and that the signatures annexed is their genuine signatures
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.

In testimony whereof I have hereunto set my hand and seal of office this 29 day of April 1834
J. F. Birchett Clk
Interrogated first by the Court-- he was born at a place called yellowbritches  in the State of
Pennsylvania in the year 1745 as I was told
by the man who raised me
 Interrogatory second I have never had any record of my age (Third I was living in the County and Town of Frederick State of Maryland lived in Gilford County about 
nine years I then moved to Sandy run Rutherford County N Carolina for the enlisted for twelve months drafted three months volunteered three al
and was then drafted three months and Volunteer three months more. Fifth, Gen. Washington G. Lee Col. Miles Col Atlees regiments. The circumstances of my services are stated in my declaration to the best of my recollection Sixth, I received a discharge
from the Hospitle given by a Doctor whos name I have forgot. I have lost my discharge & parole Seventh, William McKinney John Edward Rich Harrell Esq. James Young Capt David Evans Capt J. Webb Clerk of the Superior Court
-
A Statement showing the services of William Brooks

Period when the service was rendered
First 1776 1 0 0
Second  1779 0 30
Third 1780 0 3 10
Fourth 1881 0 3 0
Fifth 1781 0 3 0
      21 10 Total
Rank of the  claimant
 Common soldier
age at present and place of abode when entered  the service
 89 Frederick Cty Maryland

Names & rank of
 the field officers present
Col. Smallwood
Lord, Stirling
Col. Litle and
Gen. Lincoln 
 Col, Pinckney
 was there
Col Pasley

proof by which the
declaration is supported 
His own oath and
the common opinion
of his neighbors
William C Brooks   his mark
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WAR DEPARTMENT,
                 PENSION OFFICE,

Sir:  The evidence in support of your claim, under the act of June 7, 1832, is a statement of your case in tabular form.    On comparing those papers with the following rules and the subjected notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim.

A STATEMENT, showing the Service of W. Brooks. 

Period when the service rendered:
1776
-------
1777

Years: 1
Months: 0
Days: 0

Rank of the claimant:  

Names  and rank of the Field of Scers under whom he served:
Col, Smallwood
Col, Little
and Gen, Lincoln

Age at present, and place of abode when he entered the service
89 years
Frederick County, Maryland

Proof by which the declaration is supported.
His own oath and the common pension of the people that he was in the Revolutionary War

I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS
Commissioner of Pensions.
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                                         2
  REGULATION UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia" and "volunteers" all persons persons enlisted , drafted or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:

1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance making application by the transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every court having by law a seal and Clerk is considered a Court of Record

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

State, Territory, or District of } ss.
County of

On this day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 (d) , with and served in the (e)  regiment of the line, under the following named officers:

[Here set forth the names of the Field and Company Officers; the time he left the service; (and if he serv-ed under more than one term of enlistment, he must specify the particular period, and rank and names of his officers:) the town or country and State in which he resided  when he entered the service: the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is on the pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and he served as he states.

I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of for a pension.

In testimony whereof, I have hereunto set my hand and the seal of office (i) this day of &c.

If, on examination of the proper record, the names of applicants, making such a declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

A.B
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal
means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected
. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war
, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
{To a Soldier.
Did you ever receive a discharge from the service, and if so, by whom was it given
To an Officer.
 and what has become of it?
Did you ever receive a commission, and if so, by whom was it signed, and what
has become of it?
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.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure , taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
alnd The declarant must appear in open Court, unless prevented from doing so by reason of bodily Infirmity, in which ease the declarant will, of declaration in the county where he resides. If he should fall to do so, he must assign a sufficient reason for not claimant must invariably one of the war when he served.
the length of his service, and the different grades in which he served, in language so
pension he is entitled. In a case where the applicant cannot, by reason of the
and his declaration by making an affidavit in the following words:
who, being duly sworn, deposeth and saith, that, by reason of old age, and the consent
recollection, he served not less than the periods mentioned below, and in the following nine months and months and --- days, I served as and for such service I claim a pension."
in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
grade the pensioner and the length of his service. The use of the phrase about
are or four months objectionable. Some persons who apply for pensions merely state that they served two years is too indemnite, and it is of the officers, and other particulars respecting their service. This form of a declaration e clearly shown under what officers the applicant served; the duration of each term of engagement; where the service was performed; that the applicant served with an embodied corps called into service by competent authority was either in the fold or in garrison; and for the time during which the service was performed, he was not employed in any civil The law makes the relinquishment indispensable. The opinion of the Court is always required. The Clerk must vice or inscription by which it can be distinguhed from any other seal, or if he has no pubisthe
seal of once, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
papers is not written on the same sheet of paper which contains the content 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.
Proof of Service.
of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses
with it the time of the claimant's entering the service, and the time and manner of his leaving the same, as well
company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witness
the official  character and signature of the magistrate must be confirmed  by the proper officer, under his seal of office to 1 are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note applies to continental troops only.
This traditionary evidence is indispensable in militia cases.
witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
How long did he serve per his enlistment
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N 30069
Wm Brooks

Suspended
(illegible) Brown
Admitted Private 
12 mo. 10 days
$41.11

Hon I Graham

Sir pleas direct your pension papers
to the High Shoals Rutherford No Carolina with as must speed as possible as the
old man a verry anxious to know the fate 
I am verry respectfully
your umble servant
B.H. Darham
A. J. Edwards Com. of Pensions
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                TREASURY DEPARTMENT
                SECOND COMPTROLLER'S OFFICE
                February 25, 1846
Sir:

   Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,"  and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The child of William Brooks, a Pension on the Roll of North Carolina Agency, at the rate of Forty one Dollars and 11 cdents per annum, under the law of the 7th June 1802 has been paid at this Department from 4 of Sept, 1843, to the 22 Jan'y 1844,

Respectfully yours,
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                                        September 12, 1933

                                         xxxxxxxxxxxxxxx
                                         
                                          BA-J/EEL
                                          William Brooks-S. 6705
                                          William Brooks S.6717
Mrs. Ida Brooks Kellam
Wilmington
North Carolina

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War records of three pensions of that war, William Brooks (2) and Jonathan Brooks.

Because of that great demand for Revolutionary War data and the limited clerical  force available for furnish such information, it has not been possible to comply with each request which requires so much time and research. The records of William Brooks, S.6705 and William Brooks, S. 6717 are furnished you herein.

William Brooks.
 S. 6705

The data furnished herein are obtained from the papers on file in Revolutionary War pension claims, S.6705, based upon the military service of William Brooks in that war.

William Brooks was born August 14, 1754, in Middlesex County, Virginia. The names of his parents are not shown in the papers in the pension claim.

While residing in Hartford County, North Carolina, he enlisted about the year 1778, and served about four months as a private in Captain William Figures (?)) Company, Colonel John Pugh Williams' North Carolina Regiment: he volunteered for three months and served as 1st sergeant in Captain Jethro Sumner's Company, Colonel Pointer's North Carolina Regiment: he stated that this last service was as a substitute for his brother who was then "about six-teen years old of delicate constitution': he did not give his brother's name.
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William Brooks was allowed pension on his application executed August 23, 1832, while residing in Gates County, North Carolina, where he stated, he had lived ever since the Revolution.

It is not stated that soldier was ever married.

In order to obtain the date of last payment of pension, the name and address of the person paid, and possibly the date of death of the Revolutionary War pensioner, William Brooks (S.6706), you should apply to the Comptroller General, General Accounting Office, Records Division, this city, citing the following data:

William Brooks, Certificate No. 5409, issued February 9, 1833, rate $20 per annum, commenced March 4, 1831, Act of June 7, 1832, North Carolina Agency.

******
William Brooks
S.6717

William Brooks was born in 1745 at "Yellowbritches" in the state of Pennsylvania. The names of his parents are not shown.

While residing in Frederick, Maryland, he enlisted in February, 1776, served in Captain Sim's Company, Colonel Smallwoods's Maryland Regiment, was in the battle of Long Island, in a skirmish between New York and Harlem, and in the battle of White Plains, in which later engagement he had his right leg broken, remained for two months in a hospital after which he was discharged and returned home in March following: he then moved to Guilford County, North Carolina, enlisted there in December, 1779, served in Captain Frost's Company, Colonel Lytle's North Carolina Regiment, was at the siege of Charleston: length of this service six months and ten days: he again enlisted in June, 1781, served six months in Captain Conner's and Moore's Companies, Colonel Paisley's North Carolina Regiment and was out on a tour against the Tories and in several skirmishes with them.

He resided in Guilford County, North Carolina, for nine years, then moved to Sandy Run, Rutherford County, North Carolina, of which place he was a resident when he was allowed pension on his application executed April 22, 1834.

                                   -3-
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William Brooks died January 22, 1844, leaving a child: the name of the child and that of soldier's wife are not shown and there are no further family data.

******

                                         Very truly yours
     

                                          A.  D.  Miller
                                     Assistant to Administrator.
Page 15

[typed form, with handwritten responses]
INVALID.
File No. 6.717
William Brooks
Act: June 7th 22
Index:-Vol. A, Page 44
[Arrangement of 1870]

{on the right, a handwritten response}
1933 - Sept 12 - Hist to Ida Brooks Kelham - Letter in case 
Brooks S. 6707 E
Page 16

Sir
Land Office Annapolis, May 22nd 1834.
Sir
Yours of the 15th Inst with the declaration of William Brooks enclosed, was received, I have very carefully examined 
the Muster and pay rolls of the revolution, and find the name of but one William Brooks upon the rolls, who appears by the rolls to have enlisted for the term of three years on the 13th of February 1778, in the 2nd Maryland Regt  the applicant stated in his declaration, that he enlisted in February 1776, and for the
term of one year, and was only in service twelve months; and that in 1779 he removed to North Carolina; - By the payrolls
it appears that William Brookes was discharged & paid the 18th of June 1781, I should therefore presume, that it could not have been the applicant, the declaration is herewith returned
I am very respectfully,
you obt st
G. G. Brewer
J. L. Edwards Esq
---
Page 17

Mr. J L Edwards
I will accept for the Brook the
pay for services proven and suspend the decision
the remaining service for future per of
June 2d 1834
J Graham
N Ca