Revolutionary War Pension and Bounty Land Warrant Application File S. 2,398, John Brooks, N.C.

SERVICE
Nb.
Brooks, John
NUMBER
02398
CONTENTS
carded.

Vol. 1. Serial no. 12421 Mar 16. 31
Mar 29. 1833 AD
12.421  North Carolina
John Marks of Carteret in the State of N.C. who was a P.O. in the _____ commanded by Captain _____ of the Regt. commanded by William _____ in the N.C. Ar- my for _____
Inscribed on the Roll of North Carolina at the rate of 40 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 th day of Apr. 33 and Isaac  Ellen R.M. Beaufort N.C.
Arrears to the 4th of March 1833 80 Semant. allowance ending 4/1/33 20  $100
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Math. Rice Clerk, Book 6 Vol. 6 Page 314

John Brooks
2/11/14

State of North Carolina Cartel County ss.
On this 10 day Sept. 1852 personally appeared in open court before the Justices of the Court of Pleas and Quarter Sessions now sitting John Brooks sent a pound of the Straits - in the county of North Carolina aged 87 years who being first duly sworn according to law did on his oath, make the following declaration, in order to ob- tain the benefit of the Act of Congress, passed June 7 th 1832
That he was born in Cartel County aforesaid on the 1 st day of December 1765 & have resided in the same county ever since except when on voyages.
He enlisted in the County aforesaid in a com- pany commanded by John Tillman & Lieut Zephaniah Pinkham and stationed at Fort Hancock on Cape Look Out Bay in Cartel County, where he served twelve months in the capacity of Private. He received a dis- charge signed by Lt Pinkham which was given about 10 years since to members of the General Assembly to procure an allowance of land. It is now either lost or mislaid. For his services he was paid sometime after his services expired.
He has no documentary evidence but thinks that James Fulford James Shatford can testify to his services or part of them.
He also knows of Capt. Oliver Hark & James Fulford of Cartel County aforesaid who can tes- tify to his character & good behavior.
I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the pension roll of the agency of any state.
In witness whereof the said John Brooks has hereunto set his hand this 10 th day of September 1852 John Brooks, Inc.

John Brooks
N.C.
N o 24144 -
Adm g on a private for 12 mo - $4000
Isaac Hellen P.M.
Beaufort
N.C.

WAR DEPARTMENT,
Pension Office,
183
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 subjjoined 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 John Brooks Sen:
   Period when the service was rendered. Duration of the claimant's service. 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.   Years. Months. Days.     enlisted 12 Pri 82 years Pateret Co. N.C. Traditional witness  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, musicians 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. 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. [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) _____, who has 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 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 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 traditional 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 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.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case 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.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods 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. 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 to what amount of pension he is entitled. 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 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 a 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.
[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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

July 23, 1935
XXXXXXXXXXXXXXXXXXXX
John Brooks-S. 2398 BA-J/AWF
Miss Winifred Bell Jacksonville Journal Jacksonville, Florida
Dear Madam:
The Revolutionary War record of John Brooks which follows was obtained from the papers on file in pension claim, S. 2398, based upon his service in that war.
John Brooks was born December 1, 1750 in Carteret County, North Carolina; the names of his parents are not given.
While residing in Carteret County, he enlisted and served twelve months as a private in Captain John Tillman's company in the North Carolina troops; he was stationed in Fort Hancock on Cape Lookout. No dates of service given.
He was allowed pension on his application executed September 18, 1832, then a resident of the "Strait", Carteret County, North Carolina. He died May 29, 1833.
In order to obtain information in regard to the name and address of the person to which the last payment of his pension was sent, you should write The Comptroller General, General Accounting Office, Records Division, this city, and cite the following: John Brooks, Certificate No. 12421, issued April 29, 1833, rate $40.00 per annum, commenced March 4, 1831, Act of June 7, 1832, North Carolina Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

J. Scarborough Co Jan 16. 48

Pension Office November 16. 1848
Sir,
In answer to your letter of the 17, June last I have to inform you that Samuel Scarborough Jr. and John Brum, of North Carolina both receive pensions under the act of 7 June 1832,
S. Scarborough Esq. Alligator Columbia Co East Florida

June 27/18 Enquiry as to S. Scatton & prospective
Paris Co
H. Edwards. Pension Agent. Washington City P.P.O.

Alligator, Columbia County East Florida Jan. 17. 1848
Sir;
I have taken the liberty to ask of you the favour to examine your Books, &c. if you find the name of Samuel Scarborough (my Father) also the name of John Brooks (my wife's Father) as Revolutionary Soldiers, they both served in the old Revolutionary War, from the State of North Carolina (I believe) and are entitled to a pension under the Law. There are living witnesses now alive who were with them at the close of the War.
Any information that you may be pleased to give me upon this subject will be thankfully received & duly appreciated. by your most Oble Servt H.C.
S. Scarborough
To the Hon. J. L. Edwards.
Indiana Re Washington D.C.
could not was this letter too ridiculous can't get John Brooks from N.E. Sec. Dec 1848

July 19, 1935
XXXXXXXXXXXXXXXXXXXX
Miss Winifred Bell Jacksonville Journal Jacksonville, Florida
JOHN BROOKS S. 2398 BA-J/MLB
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of John Lagran who was a resident of Forsythe County, Georgia, in 1840, and who, you state, received a pension, also, of John Brooks whose wife was named Lydia, and who died in Carteret County, North Carolina, in 1833, also a pensioner.
A careful search of the Revolutionary War records of this office has been made and no claim for pension or bounty land found for John Lagran, under any spelling. The pension which you state he received may have been granted by the state from which he served.
The record was found of a John Brooks of Carteret County, North Carolina, which is furnished herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

December 7, 1933
XXXXXXXXXXXXXXXXXXXX
John Brooks-S.2398 Eli Brooks-O.W.Min.Ctf.659 HA-J/ATF
Margaret Patrick 211 South Seventeenth Street Wilmington, North Carolina.
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of John Brooks of Carteret County, North Carolina, and the record of Eli Brooks, whose heirs received "pension benefits" in 1816.
The data contained herein were obtained from the papers on file in the above noted pension claims, based upon their military service.
John Brooks-S.2398
John Brooks was born December 1, 1750 in Carteret County, North Carolina; the names of his parents are not given.
While residing in said Carteret County, John Brooks enlisted and served twelve months as private in Captain John Tillman's company in the North Carolina troops; he was stationed at Fort Hancock on Cape Lookout. no date given
He was allowed pension on his application executed, September 18, 1832, then a resident of the "Strait", Carteret County, North Carolina. He died May 29, 1833. AP
Eli Brooks-O.W.Min.Ctf.659
From the records of this office it is shown that Eli Brooks enlisted June 12, 1813 for five years, served

as private in Captain Mitchell's company in the Tenth United States Infantry, and died while in the service in June, 1814; date of birth not shown, nor names of parents given.
He left at his death two minor children: Abraham Brooks and Ruthy Brooks; their guardian was Peggy Brooks, her relationship to the children not shown.
The above named children were allowed five years' half pay, in lieu of bounty land, on Certificate No. 659, on account of the services of their father, Eli Brooks. The pension commenced February 17, 1815, and they were then living in Anson County, North Carolina.
Very truly yours
A. D. HILLER Assistant to Administrator

W. M. PERRY GENERAL MANAGER
FRANK P. BEDDOW ADVERTISING MANAGER
GOLD V. SANDERS EDITOR-IN-CHIEF
Jacksonville Journal FORMERLY THE FLORIDA METROPOLIS - FOUNDED 1887
JOHN H. PERRY OWNER
JACKSONVILLE, FLORIDA
July 11, 1935
RECEIVED JUL 16 1935
Veteran's Administration,
Washington, D. C.
Dear Sirs,
Please let me know what information your records show in 1840, concerning John Lagran who was a resident of Forsyth County Georgia. He was a Revolutionary War pensioner.
I should also like to know what data is shown in the Rev War pension record of John Brooks who died in Carteret County, North Carolina in 1833. I am sure one of John Brooks's wives was named Lydia. I believe that this was the name of his widow.
Thanking you in advance for the favor of a reply - I am
Very Respectfully yours
Winifred Bell
Miss Winifred Bell
Jacksonville Journal
Jacksonville, Fla.

THE SIR WALTER HOTEL, RALEIGH, N. C. THE BLAND HOTEL, RALEIGH, N. C. THE CAMBRIDGE HOTEL, ROCKY MOUNT, N. C.
O. HENRY HOTEL, GREENSBORO, N. C. THE ZINZENDORF HOTEL, WINSTON-SALEM, N. C. THE PETERSBURG HOTEL, PETERSBURG, VA.
THE RICKS HOTEL
W. A. MEADOWS, MANAGER
ROCKY MOUNT, N.C. Wilmington, N.C. Nov. 22, 1932.
Veterans Administration, Washington, D.C.
Gentlemen:-
Will you please give me the Revolutionary War records of John Brooks, pensioner, of Carteret County, N.C. and of Eli Brooks, of Anson County, N.C. whose heirs seem to have received pension benefits in 1816. ?
Thanking you for this information, I am
Yours very truly,
Margaret Patrick.
211 South Seventeenth Street Wilmington, N.C.
Acc min 659-86 " 243 plus " mid 12138

Rev War
2398
INVALID.
File No. 2398
John Brooks Rev Rev. Ware
Act: June 7. 1832
Index:—Vol. 8. , Page 42.
[Arrangement of 1870.]
1933 Dec 7 - killed - the mangrove - Patrick 1935 - July 22 - " Winifred Bell and

We Asa Harker residing in the county of Carroll, Ohio and James Fulford — residing in the same county do hereby certify, that we are well acquainted with John Brooks Esq who has subscribed and sworn to the above declaration; that we believe him to be 82 years of age; that he is respected and beloved in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Given by and subscribed the day & year aforesaid. A. Harker James Fulford
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 said as he states. And the Court further certify that it appears to them that Asa Harker who has signed the preceding certificate is a fair & credible lightborn resident in the county of Carroll, Ohio, and that James Fulford Esq. who has also signed the same is a resident in the same county and is a credible person and that their statement is entitled to credit.
I Albert Rumbey Clerk of the Court do hereby certify that the foregoing contains the original proceedings in the matter of the application of John Brooks Esq. for a pension. In testimony whereof, I have hereunto set my hand at East Liverpool, Ohio, the 18th day of September in the year of our Lord one thousand eight hundred and 32, and of the Independence of the State LVII.
A. Rumbey C.C.

State of North Carolina Wake County, ss
On the 18 th day of Septm r 1852 personally appeared in open Court James Fulford before the Justices of the Court of Pleas & Quarter Sessions now sitting James Fulford said a resident of the County of Wake a person who being first duly sworn according to law with a pen & ink on his back
that he knows John Brooks sent of car- tuit aforesaid & that he served at Fort Stan- nook as a soldier in the Revolutionary War under the command of John Sillman & he believes he served twelve months. Further this deponent saith not. Given to understand dated the day & year aforesaid James Fulford
And the said Court certify that the deposition of James Fulford above written is entitled to credit. I Gilbert Ramey Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that the foregoing deposition of James Fulford just in the matter of the appreciation of John Brooks sent for a person now taken in due form of law.
In testimony whereof I have here- unto set my hand this day of Septm r this 18 th day of Septm r 1852
James Fulford
G Ramey C.C.