Revolutionary War Pension and Bounty Land Warrant Application File S. 3055, Dudley Brooke, Va.

SERVICE
NUMBER
Va.
Brooke Dudley
S 3055
Carded
CONTENTS

13957 13957 West Tennessee
Dudley Brooke of Robertson in the State of Tennessee who was a private in the Company commanded by Captain Carey of the Regiment commanded by Col. Holston in the Virginia line for 12 months
Inscribed on the Roll of West Tennessee at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 day of July 1833 and issued to Seal Robert Springfield
Arrears to the 4th of March 46 66 Semi-ant. allowance ending Sept 11 66
$58 32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk,
Book 6 Vol. 7 Page 72
date of death not on file

Robertson County Tennessee State
This 15 th day of May 1833 personally appeared in open court before the County Court of Robertson In the State of Tennessee now sitting in the Town of Springfield in Robertson County Dudley Brooke a resident in the County and State aforesaid aged Seventy one or two years the 22 nd of July 1833 who being first duly sworn according to law doth on oath make the following declaration in order to obtain the benefit of the Act of Congress passed June the 7. 1832 States that he was born in Chesterfield County in the State of Virginia on the 22 nd day of July 1761 or 1762 as he was informed and after some years moved to Buckingham County in the said State and there lived in said Buckingham County ten or twelve years then was drafted to go in the Service for a six months term as a militiaman some time in the Spring of 1781 and was under Robert Coray Captain in the City and James Burney Lieutenant Robert Blanks first Sargent and was placed in a regiment I believe commanded by Col. Holcomb and Major Watkins of Prince Edward County in a brigade commanded I think by General Stephens and was marched to Richmond in Virginia then to a place called the Mobjack hills then to Staunton some time then started to the north and moved from place to place then received an order to go to York went by Cobbin's Point then to Williamsburg on our way to Little York to attack Lord Cornwallis and whilst in the Town of Williamsburg was taken sick and put in a hospital in the town where I remained sick near two months confined in the hospital some time after Wallis was taken and the men all discharged some time after I was taken by a friend from there and kept until I was able to get home never got a discharge from the service the States he served in all about seven months including the time he was in the hospital

said Brook further. states that he has no Record of his age - that he has  no  any of no writings to  by which his services can be proven - nor has he any written evidence to prove the same - that he has remained in Buckingham many  long years after the war & removed then to the state of Tennessee & resided several years in different parts of the state & about eighteen years ago removed to Robertson County where he yet resides - He hereby relinquishes every claim whatever to a pension or annuity except the present P & D claim that he is not on the Pension Roll of the Army of any state  state  refers to Lord Brown's Army of Tennessee  state  William Walton  state  character Geo Hays Brooke
sworn to subscribed in open Court this 15 th of May 1833 W. Seal Clerk
We Martin Walton a Clergyman residing in said County & Wm L. Armstrong a citizen resident of said County hereby certify that we are well acquainted with Dudley Brook who has subscribed hereto to the above Declaration
that we believe him to be seventy one or two years of age - that he is reported & believed in the neighbourhood where he resides, to have been a Revolutionary soldier and we concur in that opinion.
concur in that opinion Sworn to & subscribed in Open Court Asst. M. Seal Clerk Byrne & Armstrong Chis', & Martin & Walton
And the said Court do hereby mark declare their opinion after the investigation of the matter. After putting the interrogatories presented by the War Department that the above named applicant was a Revolutionary soldier and served as he states - The Court further certifies that it appears to them that Martin Walton who signed the preceding certificate is a clergy man resident of said County. That Wm. L. Armstrong is also a clergyman resident of said County & a credible person. That their statement is entitled to credit.

I William Seal Clerk of the County Court of Robertson do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Dudley Brook for a pension.
In testimony whereof I have hereunto set my hand and affixed my public seal of office at Springfield this 15 th of May 1893.
W. Seal

No 25354
Dudley Brooke Robertson County Tennessee
from 1781 finate 7 months $23.33 100
Mr Seal blk Robertson County Tennessee

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 subjined 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.
Statement, shewing the Service of Dudley Brooke Robertson county Tennessee
Draft
   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.     1781 - 7 - private Genl. Stephens Capt. Gares, Col. Holcomb Major Watkins 71 years Buckingham County Virginia Testimonial - proper authorities  
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 [j] 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. g

November 17, 1938
BA-J/AWF Dudley Brooke S. 3055
Lula Brooke Raymer Springfield Tennessee
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Dudley Brooke, Senior and Junior, both of Virginia and Tennessee.
The data furnished herein were obtained from papers on file in claim for pension, S.3055, based upon the military service of Dudley Brooke in the Revolutionary War. This is the record of the only Dudley Brooke, under any spelling of the name, found on file in the Revolutionary War records of this office.
Dudley Brooke was born July 22, 1781 or 1782, in Chesterfield County, Virginia. The names of his parents are not given.
While living in Buckingham County, Virginia, Dudley Brooke enlisted in the spring of 1781, served in Captain Robert Carey's company, Colonel Holcombe's Virginia regiment; he was taken sick and placed in the hospital in Williamsburg, Virginia, where he remained until after the surrender of Cornwallis.
He remained in Buckingham County, Virginia, "many years after the war", then moved to Tennessee.
He was allowed pension on his application

executed May 15, 1833, at which time he was a resident of Robertson County, Tennessee, where he had lived about eighteen years.
The papers on file in this claim contain no discernible data in regard to the family of the soldier, Dudley Brooke.
In order to obtain the date of last payment of pension, name and address of person paid, and possibly the date of death of this pensioner, you should apply to The Comptroller General, General Accounting Office, Records Division, Washington, D. C., and furnish the following data-
Dudley Brooke Certificate #13957 Issued July 18, 1833 Rate $23.33 per annum Commenced March 4, 1831 Act of June 7, 1832 West Tennessee Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

August 22, 1938
XXXXXXXXXXXX
Mrs. W. H. Simmons Springfield Tennessee
DUDLEY BROOKE S. 3055 BA-J/MSHF:MLB
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of Dudley Brooke, Sr., and Dudley Brooke, Jr., both of Virginia.
The record of Dudley Brooke, Revolutionary War soldier (S. 3055) which was furnished you November 24, 1928, is that of the only soldier with that name found on the Revolutionary War records of this office.
Unless a claim for pension or bounty land has been made to the United States, based upon service of a soldier in that war, this office has no record of that particular soldier.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Rev.&1812 Wars Section.
November 24, 1928.
Mrs. W. H. Simmons, Springfield, Tennessee.
Madam:
I advise you that from the papers in the Revolutionary War pension claim, S. 3055, it appears that Dudley Brooke was born July 22, 1781 or 1782 in Chesterfield County, Virginia.
While a resident of Buckingham County, Virginia he enlisted in the spring of 1781 and served seven months as a private in Captain Robert Carey's Company, Colonel Holcombe's Virginia Regiment.
He was allowed pension on his application executed May 15, 1833 while a resident of Robertson County, Tennessee.
There are no data on file as to his family.
The Revolutionary War records of this bureau fail to afford any information in regard to any Christopher Berryman or any John Walton of Virginia.
Without dates of birth and death, places of residence before and after service and given names of widows ,

COPIED BY ADY
the bureau is unable to identify the records of David and Thomas Johnson of Virginia.
Due to the very large number of inquiries similar to yours and the lack of a clerical force available for the purpose, the bureau is unable to make immediate reply to each request pertaining to soldiers of the Revolution.
Letters are being answered as rapidly as possible in order of receipt.
Respectfully,
WINFIELD SCOTT, Commissioner.

Wars Section mmatf
December 30, 1926
Miss Frances Walton Springfield, Route # 10 Tennessee
Madam:
I have to advise you that from the papers in the Revolutionary War pension claim S. 3055 it appears that Dudley Brooke was born July 22, 1761 or 1762 in Chesterfield County, Virginia.
While a resident of Buckingham County, Virginia he enlisted in the spring of 1781 and served seven months as a private in Captain Robert Carey's Company, Colonel Holcombe's Virginia Regiment.
He was allowed pension on his application executed May 15, 1833 while a resident of Robertson County, Tennessee.
There is no data on file as to his family.
Respectfully,
WINFIELD SCOTT Commissioner.

to your request of _____, received  Rev. 21812 of the military history of Dudley Brooke of the REVOLUTIONARY WAR, you will find below the desired as contained in his ( or his widow's ) application for pen- sion in this Bureau. S. File 3055
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Spring 1781 7 mos. Robert Carey John Holcombe init Va.         
Battles engaged in,  Residence of soldier at enlistment, Buckingham Co., Va.  Date of application for pension, May 15, 1833-  allord-  Residence at date of application, Robertson Co., Tenn.  Age at date of application, born July 22 1761 in 2, Chesterfield Co., Va.  Remarks: _____

Springfield, Tenn. Nov. 20, 1928.
Com Winfield Scott., Dept. Interior, Washington, D.C.
Dear Sir:-
The morning's mail brings the war history of David Henry , for which I thank you. Out of the five names I sent you this is the only one we have heard from. We need so much to verify our records so we can go on with our work. Will you please give these names your special attention:
off John Walton, Sr. Va. Colonial Period.
John Walton, Jr. Va. Colonial and Revolutionary Period---father and son.
miss Thomas Johnson, Va. Colonial Period.
David Johnson, Va. Colonial Period. Father and son.
6 Christopher Berryman, Va. Colonial Period.
✓ Dudley Brooke, Va. Colonial Period, (born July 22, 1762.)
I shall thank you very much for your early attention.
Very sincerely,
Mrs. W. H. Simmons.

11/8-1938
Veterans Administration Washington
Please to send me War Record of Dudley Brooke SN and Dudley Brooke Jr. died in Tennessee
I have said SN will dated from Charlotte County Clerks Office Va. signed sealed and acknowledge this the 14 th day of August - 1805
The soldiers have a Grand- son nearing his one hundred birthday and he wants so much these records to leave to his present generation, will you be so kind as to put it through for his birthday
Lula Brooke Rayner P.O. Box 100 Springfield Tennessee D.A.R.

Commissioner of Pensions Washington D.C.:
Please send war record of
Dudley Brooke
Virginia
for the purpose of rising in the D.A.R.s
To Miss Frances Walton
Route No 10
Springfield Tennessee
Oct 28, 1926

HOLLAND BANKING CO.
ESTABLISHED 1853
PAID UP CAPITAL $100,000
RESERVE FUND $50,000
SPRINGFIELD, MASS.
8 305-5 - Brooks FEB 6 - 1911 my dear my sister
Commissioner of Pensions Washington, D.C.
I wish information in regard to the service of Jolley Brooks, who enlisted in the Revolutionary War from Virginia, and I am informed drew a pension for a number of years.
If you can give me the informa- tion I will be very grateful. Yours truly,
I remain,
Very respectfully yours,
Springfield, Mass.
1/2

ESTABLISHED 1875.
HOLLAND BANKING CO.
PAID UP CAPITAL $100,000.
SURPLUS $50,000.
T. B. HOLLAND, Prest.
CHAS. HOLLAND, Vice Prest.
WILLIAM B. SANFORD, Cash'r.
SPRINGFIELD, MO., February 3rd, 1911
Commissioner of Pensions, Washington, D. C.
Dear Sir:-
I wish information in regard to the service of Dudley Brooks, who enlisted in the Revolutionary War from Virginia, and I am informed drew a pension for a number of years.
If you can give me the information I will be very grateful indeed.
I remain,
Very respectfully yours,
T B Holland
Springfield, Mo.

1911 Feb. 10 Hist. to T.B. Holland. & 1926 - Dec. 30 - Hist. to Miss Frances Walter - MMVF 1928 - Nov. 24 - Hist. to Mrs. H. A. Simmons. MMVF 1938 - Aug. 22 - Mrs. H. A. Simmons adv. This the only Dudley Brooke etc. Her letter is in Misc. Files under Simmons - MMVF Aug 1938 - Nov. 17 - Hist. to Lula P. Raper
Read
3055
INVALID.
File No. 3055
Dudley Brooke Rev. War. list
Act: June 14/32
Index: — Vol. 4 , Page 42
[Arrangement of 1870.]

Pension Papers of Dudley Brooks
Springfield Mo May 16
There
June 4 Gen.
25354
Hon Lewis Page Secretary of War Washington City