Revolutionary War Pension and Bounty Land Warrant Application File S. 2,404, Charles Brooks, Penn.

SERVICE
Penn.
Brooks, Charles
NUMBER
S. 2404
carded.
CONTENTS

Paid at the Treasury under the Act of the 6 April 1838 from 4 th Sept 1838 to 4 March 1839. Act Modified 3 April 1840
7.810.
Ohio.
Charles Brooks.
of Warren Co in the State of Ohio. who was a Private in the Comp y commanded by Captain Boyd. of the Brigade commanded by Genl. Wayne. in the Penn a line for Seven months.
Inscribed on the Roll of Ohio. at the rate of 23. Dollars 33. Cents per annum, to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 6 th day of April 1833 and sent to Mr. Wm. Lebanon. Ohio
Arrears to the 4 th of Mar. 1833. 46.66 Semi-ann. allowance ending 4. Sept. 1833. 11.66 $58.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Palmer Clerk, Book 6, Vol. 8, Page two.

Declaration in order to obtain the benefit of the act of Congress passed 7 th June 1832.
The State of Ohio, ss. on this 3 rd day of October 1832 Warren County, ss. Personally appeared in open Court before the Honorable George S. Smith President Judge of the 7 th Circuit of the Court of Common Pleas, which embraces the said County of Warren. Wylis Purson, Ignatius Brown and Michael H Johnston Esquires, Special Judges. Now sitting Charles Brooke a resident of Clear Creek Township in the County of Warren and State of Ohio aged Seventy six who being first 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 June 7 th 1832. That he entered the service of the United States under the following named officers and served as herein stated.
He States In the year Previous to the Capture of Cornwallis to the best of his recollection in the Month of August he volunteered for Seven Months Service in the Pennsylvania Militia from York County under the Command of Capt. Boyd & Lieut. Montgomery. We first Marched against the Indians to Woodstock Valley where they had killed Eleven Men but not finding the Enemy we were Marched to Bedford where we remained two Months then Being Relieved by an other Company we Marched to Join the army in the State of Jersey then under the Command of General Wayne when we arrived the Company was separated and dispersed in Several Companies to fill up vacancies and I fell into Capt McClellands Company in Col. Chambers Regiment Soon after which we went into winter quarters near Morris Town Jersey and when the time of service expired and we were discharged

and further states that he has no documentary evidence of his service and knows of no person whose testimony before the court who can testify to his service.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Charles Brooke
Sworn to & subscribed in open court 3 rd October 1852 J. H. Wilds clk
We James B. Finley a Minister of the Methodist Church and Thomas Arnett Boath of the county of Warren and State of Ohio residing in Clear Creek Township hereby certify that we are well acquainted with Charles Brooke who has subscribed and sworn to the above declaration that we believe him to be seventy six 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 thereby concur in that opinion.
James B. Finley M.G. Thomas Arnett
Sworn to & subscribed in open court 3 rd Oct. 1852
J. H. Wilds clk
And the said court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories required 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 the said J. B. Finley who signed the preceding certificate is a clergyman residing in the county of Warren & Township of Clear Creek, and that Thomas Arnett who has also signed the same is a resident of the same county & township and is a credible person and that their statement is entitled to credit.

The State of Ohio } Warren County } ss. I Jon athan M Wilds clerk of the court of Common Pleas within and for the county & State aforesaid do hereby certify the foregoing to contain the original proceedings in the matter of the application of Charles Brooks for a pension In testimony whereof I have hereunto set my hand & affixed the seal of the court aforesaid set on this 8 th Oct 1832 - J. M. Wilds Clk
Charles Brooks revolutionary
Oct 23 1832 Having had the pleasure of a former acquaintance with you I am solicited by the within applicant to say more explicitly than in my certificate that for many years I have been personally acquainted with him and know him to be a sober honest & Man of undoubted veracity and the more willingly do this as he is old in form & dependent have very lost his property by an unfortunate purchase of Mill Creek Land and as I have no doubt that he understood the service herein stated but even more but his memory having failed he would not venture to say as I am yours Respectfully James B Finley Hon L Culp

No 7.810 blank Chas Brooks Huron Co Ohio
No 7.810
Adm for 7. Mar 1840 From 1780
J. H. Wild Bridgeville Lebanon Huron Co. Ohio.

BRIEF in the case of Charles Brooks County of Warren in the State of Ohio — (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge?  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 76  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. As a Gen.     Augt — In 1780 vol his way to was the summer before Cornwallis's defeat — — 7 Gen. Wayne Capt. Boyd  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? York Co Pennsylvania —  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? authenticated 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John H. Hinton
Examining Clerk.

Rev. Star
2404 INVALID.
am
File No. 2404
Charles Brooks
Pa. Pa. line
Act: June 7, '32
Index:—Vol. 4 , Page 42
[Arrangement of 1870.]
1929- Feb. 27, Howard E. Witt advised names of supporting witnesses. His letter in claim of Chas Brooks, R. 1256, M.B.E.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of 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? yes
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? yes
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?
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
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? answered
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.

TREASURY DEPARTMENT,
Second Comptroller's Office,
March 17 th 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Charles Brooke, — a Pensioner on the Roll of the Ohio Agency, at the rate of Twenty three Dollars and thirty three Cents per annum, under the Law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838. to the 4 th March 1839.
Respectfully, yours,
William B. Parry
Comptroller.
To the Commissioner of Pensions,
Present.