Revolutionary War Pension and Bounty Land Warrant Application File R. 1260, Daniel Brooks, Mass.

SERVICE
NUMBER
Mass.
Brooks, Daniel Susanna
R. 1260
CONTENTS

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 by Col Prune in the _____ line for 2 years. Moss
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 15 th day of Ap r 1833 and sent from R M c Intire Plainfield Maine Arrears to the 4th of Mar 1833 $160 Semizant. allowance ending 21 Sept " 40 $200
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H M c Blair Clerk, Book _____ Vol. 1 st Page 73.

12.658.

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State of New-Hampshire, } ss. at a Court of Probate held at County of Strufford Eaton in said County
On this thirteenth day of September personally appeared before the Judge of the Court before me  Daniel Brooks a resident of North Effingham in the County of Strufford 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 Israel 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 Fulsworth in the company commanded by Capt Ebenezer Lowell for one year was stationed at Fulsworth now called Portland served one year and was Discharged and Discharge was not 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 Discharge was not writing that in year 1780 he enlisted again in the company commanded by Capt Joseph Pride for Eight months and joined the Regt commanded by Col Prince was stationed at said Fulsworth the whole term that he was Discharged and Discharge was not in writing the whole term that he actually served in the Revolutionary War was two years and four months that he was born in Hattin in the District of Maine moved to Fulsworth lived in Fulsworth 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.
in open Court
Daniel Brooks
And the said Court do hereby declare their opinion, that the above named applicant was a revolutionary soldier, and served as he states.
Daniel C. Athkinson Judge of Probate
James Bartlett Regt of the Court of Probate do hereby certify, James Bartlett Regt going 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 13 th day of September A.D. 1832
James Bartlett Regt

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 W m Brooks & Gardner Brooks of Buxton Maine & for Matty Durgin of Dixmont Maine Betsey 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 7 th 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 Sowell's company of Massachusetts also in a company under the command of Capt Prid and in Capt Reeds

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 24 th of November 1836 and that Susanna Brooks his mother died on the 4 th day of August A.D. 1838. He further states that his mother Susanna intermarried with his father on the 26 th day of Sept r 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 Brook & Matty Dargin Betsey Brooks Abigail Boynton Mary Palmer & Sally Stewart the only surviving children of Susanna Brooks. This pension is claimed by the subscriber.
Daniel Brooks
Signed & sworn to before me Oct 10. 1845
Arthur Dorr

District of Maine S.S.
Portland November 21 st 1845
I Asahel 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 14 th 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, & Betsey Brooks, Matty Durgin, Abigail Boynton, Mary Palmer & Sally Stewart
Asahel Ware

Maine. 12360 Maine.
Susanna Root, die May 28 th 1845. 1845
act 7 July 1838
Married 1782 husband die 1836 widow die. 1838
Register.
H. Bradford Portland Maine

State of Maine.
Cumberland ss.
Clerks Office Judicial Courts Portland Nov r 20 th 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. Ephraim Clark Minister of the Gospel for the years 1780, 1781 & 1782, & 1783, and recorded in the "Legislative Records" for said County to wit.
"Daniel Brooks & Susanna Dunn September Twenty sixth, in the year of our Lord One thousand seven hundred and eighty two.
And I further certify that the foregoing is a true extract from said Records of said Marriages, excepting the words "September Twenty sixth, in the year of our Lord One thousand seven hundred and eighty two," which are plainly & legibly expressed in the words and figures following to wit, "Sep. 27. 1782."
In testimony whereof I have hereunto

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

United States Maine District,
Circuit Court Clerk's Office.
I hereby certify that the Honorable Admiral Ware before whom the foregoing pro- ceedings 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 hereunto 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

Daniel Brooks N Hampshire
Pirate 2 years
$80—
12658.
Hon B. McIntire Plainfield Maine

BRIEF in the case of  Daniel Brooks  of Stafford 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?  3. How old is he? 77  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     April In 1776. enlisted 1 Ensign Gen. Gage   " 1777 " 8 " " " "   " 1780 " 8 " Col. Pride Col. Prune   2 4  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Town of Salomon Maine  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional Three Witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Dwyer
Examining Clerk.

1236 Susanna Brooks ad at Maine
Rejected Lib. H. Bradford Jan'y 12:46 same June 8:1846.
1560
act 7 July 1838

Wreedom Oct 27
Part 5
Freemason Bradford Eng. Portland (me)

Mr Brookford
Sir I was mistaken in one particular in the affidavit which I testified to - the time of my Father's death upon search I find he died on the 16 th of November. I testified it was on the 24 th if it will answer for you to other alter the date to the 16 th please to do it if not please to write me and I will come down in November Samuel Brooks
Frederick Oct th 24 1845-

Sir
Yours off
May 28. 46
The claim of Elizabeth Rollins dec? who died in 1839 & whose husband was alive subsequently to the passage 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 Susannah Brooks dec? The practice of the Dept. in May '42 was to allow the widow for all of the 5 years to which the act was limited unless the husband rec d a pension for a portion of it & in that case the widow's pension commenced when the husband's terminated - In May '42 the att d Genl. decided that no widow was entitled under that act whose husband survived the passage of the act of 7 June '32. This is to be regarded  was therefore, the true interpretation to the act until that difficulty was removed by the reso

resolution of 16 Aug '42 - As neither Susanna Brooks nor Elizabeth Rollins was alive when that resolution passed they are not entitled because their husbands were pensioners after 9 June 39
Freeman Bradford June 8. 1846.
Freeman Bradford Esq Portland Me

1844
H. Bradford June 12. 46

202 Pension Office January 12 1846
Sir,
The application of the Mrs of Susanna Brooks, for the amount due their Mother at the time of her death has been examined and disallowed.
Prior to the passage of the joint 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 appears 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 24 th March 1836. there was therefore nothing due Mrs Brooks at her death which her children can now receive or claim.
Freeman Bradford Esq Portland Me

J. L. Edwards Esq. Pension Department Washington, D.C.

Andoverfield, Me. Sept. 19. 1832
J. L. Edwards Esq. Sir,
Enclosed herewith are some papers on the application of Daniel Brooks of North Offingham N.H. for a pension
Any communication to him will reach him at the Post Office at North Offingham N.H. [ The division of the Free Post Office is now in the Post Office ]
Inconsistent with the rules of the Department he would prefer being placed on the Maine Agency for payment as soon as his application should be successful as Portland is the market town for the section of N.H. where he resides & would be more convenient than Portsmouth
Yours & Rufus White

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Darius Drock which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * 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 VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. 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

XI. 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? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. 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? XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or 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 the regulations direct? yes XV. 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 XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. 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 in 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 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 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 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.

Deposition John Savage Esq Daniel Brooks 1780 8 mo at Free Gift 90 Pines Co

I John Sawyer of Westbrook in the County of Cumberland & State of Maine aged 71 years Testify & say that sometime in the month of April in the year 1780 Daniel Brooks now of North Eppingham County of Strafford State of New Hampshire enlisted into a Company Commanded by Capt Joseph Prince of Falmouth Escob Bay for the term of Eight months the Company was stationed at said Falmouth for its defence The Deponent enlisted into, & served in the same Company with said Brooks until the Company was disbanded in December of said year. The Company was attached to Col Princes Regiment John Sawyer
Cumberland, Aug 10 1832 Subscribed & sworn to before me Geo Bishop Justice of the peace
Westbrook. August 10. 1832 I certify that John Sawyer the Deponent is a person of truth & veracity and will in all things be a good witness Geo Bishop Justice of the peace
State of Maine.
Cumberland County ss.
I William T. 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 genuine. —
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this twentieth day of August, A.D. 1832.
Wm T Vaughan

Depositor
James Brethert on Danne Brooks 1777
9 Mo Capt Londs Co at Pal

I James Brackett of Westbrook in the County of Cumberland & State of Maine aged 80 years before me 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 defence of the place. I was acquainted with Daniel Brooks none 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 or the Company disbanded at the end of the year or at the first of the year 1778.
James Brackett
Cumberland ss Aug 10 1832
Subscribed & sworn to this day before me Geo Bishop Justice of the peace
Westbrook Aug 10 th 1832
I Certify that James Brackett the deponent is a person of truth and a Credible Witness Geo Bishop Justice of the peace
State of Maine Cumberland County ss.
I William S. 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 genuine. —
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this twentieth day of August, A.D. 1832. —
Wm S Vaughan

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 1775 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 South 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.
Robert Hilburn
State of Maine County of Cumberland ss. Septm 4 th 1832 I hereby certify that I live a near neighbour to the above named Robert Hilburn and he is a person of strict integrity and his faculties but little impaired 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 8 th 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 hereunto set my hand and seal of Office the day and year above written.
John Nussey Clerk U. S. Courts

Portland Nov 25 th 1845
Sir
I herewith 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 ob t Servt
F. Bradford
J. L. Edwards Esq Commr of Pensions Washington D.C.

Rev 17 856 INVALID.
File No. 17 856
Daniel Brooks
Br Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 438
[Arrangement of 1870.]

Acts of July 14, 1862, and March 3, 1873.
1260
REJECTED
P.O. Susanna V. Brown Widow of Daniel
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Relocation filed: _____, 18 .
Pages: List of rejected (or suspended) Claims printed in 1852,
Reenlisted: 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 .

March 7, 1896
Recd Sarah Brooks
G. Edwards Esq. Owner of Pension Washington D.C.

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 this 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 Samuel 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 objection has been made to his account therefor 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 declarative of the pension Act of July 7 1838"
I submit the case again for your consideration.
I am very Respectfully

Your ob t Serv t H. Bradford
J. L. Edwards Esq Commr of Pensions Washington D. C.