Revolutionary War Pension and Bounty Land Warrant Application File R. 1263, William Brooks, Ga.
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Ga. Brooks, William R.1263
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Hon T. F. Foster
H.R.
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Amendment of the Declaration of William Brooks 
heretofor submitted to the War Department in order to obtain the act of Congress passed the 7th June 1832~

Georgia Troup County On this the twenty fourth day of June 1833 personally appeared in afore court before Edmund S Harris Joel D Newson, SA Benley and Danl Evans, Justices of the Interior Court of said County. William Brooks a resident of the county and state aforesaid who being first duly sworn deposeth [illegible] doth on his oath make the following amendments to his declaration taken before the court on the 4th day of January 1833 in order to obtain the benefits of the act of congress passed the 7th June 1832.
That it is impossible for him at this late stage of life to remember the exact period at which he entered the service of the United States. He refers the Department of War to the incidents mentioned in his original declaration as data for which to ascertain the periods when he served viz. the siege of Savannah X of Augusta. H. 
This applicant further states "that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his service but according to the best of his recollection he served not less then the periods mentioned below and in the following grades For four years I served as a volunteer and private under the command of Capt Nury Ware, Burwall Smith Maj., John Dooly Col Elijah Clark Genl & for such service I claim a pension."
This applicant further states that this service of four years above aluded to included only such time as he was actually out. This length of time from his volunteering to his leaving the service, was greatly more than four years but he will only swear to four years.
This applicant has thus answered to the several
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interrogatories directed by the war department to be [illegible] by the court as follows [illegible] it

To the first: I was born in the County of Charles City in the State of Virginia. the the 6th Jany 1757

" 2nd  I have the record of my age at my residence in this county.

" 3rd  In Walker County in the State of Georgia. From Walker to Orangeburg Dist South Carolina, From thence to Roan County N. Carolina, From thence back again  to Orangeburg Dist. S. Carolina, From thence to Hancock County Georgia, From thence to Putnam County Georgia, From thence to Baldwin County Ga. From thence to Jones County Georgia, From thence to Monroe County Alabama, From thence to the County of Troup & State of Georgia where I now live.

" 4. I volunteered.

" 5. Genl Lincoln, a Regular officer had the command at the Seige of Savannah where I service & Genl. Destang commanded the French. The General circumstances of my service are Stated in my original declaration.

" 6th. I never received any discharges from the Service.

" 7th. I mention the names of John Stinson [illegible] Willis Whatly & John Cohover who have certified as to their belief of my having been a Soldier of the Revolution. 

William (X his mark) Brooks

Sworn to & Subscribed in Open Court
Oliver Porter Fears Clrk
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Georgia
Troup County }
We the undersigned Justices of the Inferior Court of said County do hereby certify that the foregoing affidavit was duly made sworn to & subscribed by William Brooks by his making his mark as there appears in open court before us & that the same is attended by Oliver P Fears who is clerk of said court. In testimony whereof me have hereunto set our hands & caused  the seal of afore said court to be affixed this 24th June 1833 -
Edmd S. Harris I.I.C.
S Armstrong Bailey I.I.C
Joel D. Newsom I.I.C
Daniel Evans I.I.C

[shown is the seal of the court, printing of this is illegible]

Georgia
Troup County }
I Oliver P. Fears clerk of the Inferior Court of said County do hereby certify that Edmund S Harris Saml A Bailey Joel D Newsom & Daniel Evans whose name appears to the above certificate are Justices of the Inferior Court of said County & that the above are their genuine signatures the 24th June 1833 - 
Oliver Porter Fears Clk

[shown is the seal of the court, printing of this is illegible]
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Declaration in order to obtain the benefit of the act of Congress of the 7th June 1832

State of Georgia
Troup County }
On the fourteenth day of January in the year eighteen hundred & thirty three personally appeared in open Court before their Honors Just D Newson Jus Culberson & Daniel Evans Justices of the Inferior Court of said County now Sitting William Brooks a resident of the County of Troup & that aforesaid aged seventy six years the sixth day of this month who being 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 the 7th June 1832 -

That he entered the service of the United States under the following named officers Capt Henry Ware, Burwell Smith Maj John Dooly Col. & Elijah Clark Genl. He was a volunteer and entered the service in Wilkes County and was stationed a while at Philips Fort, from thence to Dakes Station & from thence to Jordans Fort from thence to Hells fort and was there in a slight engagement in which his lieutenant Joseph Mimms was killed From these forts they would occasing take a scouting tour among the Creek Indians upon the Georgia Frontier. He does nor recollect the precise day upon which he entered the service or when he left the service but remembers distinctly the upon one of the scouting parties above alluded to and while he was between the Oconee & Appalachian Rivers
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the great eclipse of the sun (usually known as the [underlined] dark day [end underline]) took place. Under the command of the above named officers he was at the siege of Savannah acting in conert with Genl Lincoln- a Genl of the Regular United States army ^He was also at the siege of Augusta. He also remembers the French Genl called [underlined] Gestang [end underline] he thinks. He remained in the service about or near Six years ^and never recd any pay for the same - He has no documentary evidence by which to prove his service and knows of no one now living of whose testimony he can now procure who can testify to his service. It is worthy of Remark that his brother Isham Brooks who also served in the Revolution / include who entered the service in the same County & under the same Capt, is still living, but they acted at different places and never were together in the service and therefore cannot testify to each others service. He never received any dis charge [discharge] and never held any commission or command in the service. He hereby relinquishes any claim to a pension or annuity except the present & declares that his name is not on the pension Roll of the agency of any state whatever.
William [X his mark] Brooks

Sworn to & subscribed the day & year aforesaid in open court
Oliver P. Fears Clk
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We John Stinson a clergyman residing in the County of Troup and Willis Whatley & John Cohron residing in Troup County do hereby certify that we are well acquainted with William Brooks who has subscribed & sworn to the above declaration that we believe him to be Seventy Six years old, that he is reputed & believed in the neighborhood where he lives to be a soldier of the Revolution & that we concur in that opinion

Sworn & Subscribed the say & year aforesaid In Open Court
Oliver P. Fears Clk
{ John Stinson Cl
Willis Whalley
John Cohron

And the said Court do hereby declare their opinion after the investigation of the matter & 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 John Stinson _________ who has signed the proceeding certificate is a clergyman resident in the County of Troup and that Willis Whatley & John Cohron ______________ who have also signed the same are residents of the County of Troup and are credible persons and that their statements are entitled to credit
Joel D. Newsom I.I.C.
Daniel Evans I.I.C.
James Culberson I.I.C.
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I Oliver P. Fears clerk of the Inferior Court of Troup County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of application of William Brooks for a pension. In testimony whereof I have personally set my hand & seal of office this 4th January 1833
Oliver P. Fears Clerk


Ga.
William Brooks 24662 
Application

La Grange
Post Office
Georgia
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24662
William Brooks 
Georgia

d.e.m.
Papers relating to Brook's Claim Refd. (with resolution) to Com. on Rev. Claims
Jany 6.1834

Hon. T.F. Foster H.R.

[the following below is crossed out]
O.P. Fears
Applicant 
La Grange
Post Office
Geo.
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WAR DEPARTMENT,
Pension Office,
May 28 1833

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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 complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the service of William Brooks
Troup County Georgia

[column headings: Period when the [illegible] rendered, Duration of the claimant's service. [divided into "Years. Months. Days."] Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.]

Vol_. ["No" crossed out] time not stated with precision. Capt. Ware Gl Clark Col Dooly. 76 yrs Wilks County. Traditionary Evidence.

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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2

REGULATIONS 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 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 out 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, mucicians or privates, will, in the first instance, make application by 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. [this brace links this line and the following]
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 and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county 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. [here is an image of a hand pointing to the right] 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 not 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. A. B.
[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 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 the application of     for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this     day of     &c.

If, on examination of the proper record, the names of applicants, making such 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:
(k) We, A. B., a Clergyman, residing in the  
   and C. D. residing in (the same) hereby certify, that we are well acquainted with 
    , who has subscribed and sworn to the above declaration; that we believe him to be     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 and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion, after 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 A.B. who has signed the preceding certificate is a clergyman, resident in the   
  and that C. D., who has also signed the same is a resident in the     and is a credible person, and that their statement is entitled to credit.
I,     Clerk of the Court of     do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of     for a pension.

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

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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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.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer. {Did you ever received 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 to 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 represent, 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 enquiry 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, 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 opinioin of the Court upon the whole matter.
_______________

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.

[This entire paragraph from here down to to above (f) is noted with { and } brackets]
{ (c) The age of the Claimant must invariably be mentioned.
{ (d) The declarant must mention the period of the war when he served. }
{ (e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. [underlined] Every claimant must state, 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 as to what amount of pension he is entitled.  [end underline] In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A.B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: __ For ___ year ____ months, and _______ days, I served as a _________. For _______ months and _______ days, I served as a _________; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant service, 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 [italics] about three or four months [end italics], is too indefinite, and all such qualifying expressions are objectionable. [underlined] Some persons who apply for pensions merely state that 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 declaration is highly objectionable. It must, in every case, be clearly shown 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. [end underline] [end { and } bracketed area]

(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.

Mode of authenticating papers.
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 papers 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.

Proof of Service.
(j) 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 claimant's 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.
[stamp with a finger pointing right] The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note (j) applies to continental troops only.
{ (k) This traditionary evidence is indispensable in militia cases. 
{ (l) If a witness cannot be found, the declarant must state the fact.
{ (m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

[handwritten in bottom margin] Applicant must specify his service, as above
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1263
Wm Brooks
____________

Jay 14 1833
Troup Co. Ga -76
______________

Wilks Co
Capt Henry Ware    Ga
Col Jn Dooly
4 yrs
Savannah & Augusta
X
_____________
Dont recall dates of enlistment or discharge
___________

Born Charles City Co, Va
Jany 16, 1757
____________________
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[official stamp with a large "U" on the left and "S" on the right; down the middle is printed as follows: "PENSION 
FEB 13 1900 
OFFICE"]

[official stamp in a square with the following printed inside: "O.W. & N. DIVISION
FEB 15 1900
RECEIVED."]
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Atlanta, Ga
Feb. 10, 1900
H. Clay Evans
Commissioner of Pensions
Please let me know what your records show concerning Revolutionary service of William Brooks and Wilson Brooks both of Virginia, Then
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moved to Georgia.
An early reply will greatly oblige.
Respectfully
(Mrs.) F Scales.
#38 West Peachtree St.
Page 18

[printed on left hand side]
Feby-24-1900
History to Mrs. F Scales
Atlanta Ga
__________________

[top of page, printing "Acts of July 14, 1862, and March 3, 1873." is crossed out]
1263
[stamped REJECTED]

P.O. William Brooks
Service: _____

Enlisted: _____, 18__
Discharged: _____, 18__

Application filed: ________, 18__

Alleges: ____________
Re-enlisted: ___________

Attorney: ____________
P.O. _______________

_________ Recognized.   ______Contra
______ Cert. of Dis.    Searched for _______, 18__
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Suspended
Cl. Julius C. Alford

Ded 31.1835
do O.A. Bull Nov 14 1837

Act 7Jun BL
Page 20

[illegible]
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Dec 28
Ga 
[Mail Stamp "MILLEDGEVILLE GA DEC 20"]
[stamped "FREE"[

J L Edwards
Commissioner of 
Pensions
Washington D.C.
Page 22

Milledgeville Ga 19th Dec 1835

Sir
Inclosed you will receive the application of Mr William Brooks for a pension, which was returned for further proof &c. he is unable to procure any further testimony, it is impossible to [illegible] the [uncertain] of any individual in this county in any other way than it has already been done.

Julius C Alford.
of Lagrange Troup C
Ga
Page 23

[Mail Stamp illegible] [stamp "FREE"]

The President of the
United States of America
Washington City
D.C.



Nov 11.1837
Pension Office.
Page 24

State of Georgia
Troup County

October 26th-1837

To the President of the United States.

This petition of the undersigned citizens of Troup County respectfully sheweth, that they are, &, have been for a long time acquainted with William Brooks, a citizen of the state & county_ And from their knowledge of him as an upright citizen & honorable man, & many other things unnecessary to be mentioned, they believe him to have been a soldier of the Revolution. They understand that he has made application to the government under the acts of [redacted] congress for a pension, & that owing to the particularity of government in some of its requisitions, he has been unable to procure it_ Your petitioners express their entire confidence in the revolutionary services of the said Brooks, & do petition the government, if there are any means known to the laws, by which his application for a pension can be granted, that the same may be adopted in behalf of the said Brooks, who is an old, poor, but most honest citizen & soldier_ and is known to have been a worthy member of the Baptist Church for more than fifty years

Orville A Bull
Alford B Gary
James Reeves NG
Collins Rogers I.J.C.F.C.
Jesse L Bull
William Henslee
Wilie Womack
Matthew Peters
Joel D. Newsom
Page 25

James Amoss
J. Ellory
Oliver P. Fears
A.G. Hightower
S R Early
Joseph Poythress
Seabord J. Thompson
R.F. McGehee
Cyrus R Jenkins
Edmd. L. Harris
DS Robertson
G. G. Howard
Joshua Walston
Moses Wilkes
Benj. P. Robinson
Duke Morton
James Herring
Robt Dougherty
George Damen
J M Hester
W. B. Phillips
William Holt
James Glenn
Joseph Bays
Wm O Vallen
J G Moretcend