Revolutionary War Pension and Bounty Land Warrant Application File R. 1249, James Brooks, Conn.

SERVICE
NUMBER
Conn.
Brooks, James
R. 1249.
CONTENTS

James Bruehl's Declaration for a
Pension
N o 4026
called 27 June 1750 Lett re 7 th Dec r
(admirals)

Middlesex County ss Haddam Aug 6 th AD 1832
On this 6 th day of August personally appeared before the Court of Probate in and for the District of Haddam in said County James Brooks a resident of said Haddam in said District aged sixty eight years the 19 th day of April last past 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 7 th AD 1832-
That he enlisted in the Army of the United States on the 1 st of June AD 1780 with Joseph Scovil, Elias Smith, Jonathan Smith, Francis Lewis, Elisha Thwing all then of said Haddam but all now deceased excepting Joseph Scovil and served in the Regiment of the Continental Line under the following named Officers - Genl. Huntington and Major M'Cluskie (Joseph Wilcox was appointed when the field Officers and Capt. James Baldwin was the Captain of the Company, which he first enlisted. In about two weeks after he was taken from that Company and put into Capt. Hall's Company Genl. Mowat's Brigade and Col. Root's Regiment - that on the 1 st of December AD 1780 his term of service for Enlistment expired - that he again enlisted into the

The term Company on the day in which his first- six months Term of Enlistment - expired and continued to serve in said Company until the 11 th day of July A.D. 1781 making in the whole a period of thirteen months - That he then was a resident of said Haddam at the time of said several enlist- ments and then was called and known by the name of James Brooks 2 nd then being another person of the name of James Brooks then living in said Haddam and that he was consequently distinguished from him by the addition of 2 nd - That he first went to Nelson's Point on the Hudson River in the State of New York and marched from thence across to West-Point into almost all the Villages bordering on said Hudson River in the State of New Jersey and Orange Town - Tenth &c &c That 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
Given to me and subscribed the day and year aforesaid James Brooks.
State of Connecticut
Middletown County Haddam Aug 6 th A.D. 1832
Personally appeared before the Court of Probate in open the County of and State of James Brooks, subscriber to the foregoing Declaration and made solemn oath to the truth of the same Ely Moore Clerk

State of Connecticut - to Middlesex County Haddam Aug 6 th AD 1832.
And the said Court do hereby declare their opinion from the foregoing Declaration and the Deposition of Joseph Severy marked I hereto annexed, That the above named Applicant was a Revolutionary Soldier and that he served as he states
State of Connecticut - to Haddam Aug 6 th AD 1832
I Ely Warner Clerk — of the Court of Probate in and for the District of Haddam in the County of Middlesex and State of Connecticut do hereby certify that the foregoing and the Deposition of Joseph Severy contains the origi- nal proceedings of the said Court in the matter of the application of James Brooks of said Haddam for a Pension
In testimony whereof I have hereunto set my hand and seal of Office this 6 th day of Aug AD 1832.
Ely Warner Clerk

State of Connecticut -
Middlesex County ss Haddam Jan'y 17 th AD 1833
On this 17 th day of January AD 1833 Personally appeared before the Court of Probate in and for the District of Haddam in said County James Brach, a resident of said Haddam aged sixty eight years the 19 th day of April last past who being first duly sworn according to law doth on his oath make the following Declaration in addition to and explanation of the foregoing Declaration made by him August 6 th AD 1832 in order to obtain the benefit of the Revision made by the Act of Congress - passed June 7 th AD 1832 -
To the 1 st Interrogatory - He says that he was born in said Haddam on the 19 th day of April 1764 - To the 2 nd Interrogatory - He says that he has no record of his age except the one in his see Journal To the 3 rd Interrogatory - He says that he was living in said Haddam when he was called into service and has lived there since and now lives there. To the 4 th Interrogatory - He says that he enlisted into the service as set forth in his former Declaration To the 5 th Interrogatory - He says that he is unable to state more particularly the names of the officers, regiments and the circumstances of his service than he has heretofore stated in his former Declaration to which this is an addition. To the 6 th Interrogatory - He says that he never received any written discharge to his knowledge To the 7 th Interrogatory - He says that he is known to the

following persons in his neighborhood who can testify to his character for veracity, and their belief of his services as a soldier of the Revolution viz - Nathaniel Cone James Thomas Richard Skinner James Maltbie Joseph Severl & James D. Child - The Henry relinquishes every other claim whatever to a pension or an annuity excepting the present and he declares that his name is not on the pension roll of any agency of any State - Whereunto he subscribed the day & year aforesaid James Brooks.
State of Connecticut -
Middlesex County ss. Haddam Jan'y 17 th - AD 1833
Personally appeared before the Court of Probate in Open the District of Haddam James Brooks subscriber to the foregoing Additional Declaration and made solemn oath to the truth of the same.
And the Court - do hereby declare their opinion after the investigation of the matter after justifying the interrogatories prescribed by the Act. The above named Applicant was a Revolution- ary soldier and served as he states.
I Ely Warner Clerk of the Court of Probate for the District of Haddam do hereby certify that the foregoing contains the original proceedings of the Court in the matter of the application of James Brooks for a pension In testimony whereof I have hereunto set my hand & seal of office this 24 day of Jan'y AD 1833
Ely Warner Clk

File 2 25
Jan Brooks —
Hyland H. S. Hyland
Hon. J. L. Edwards Comm ee of Reunion Washington

Washington July. 1. 1836
Sir
Herewith I enclose the papers in case of Mr. Brooks.
I am Your ob t Serv t Samuel Englem
Rev. J. L. Edwards.

Linus Parmalee Esq Counsellor at Law Haddam Conn

Comptroller Office
Hartford Connecticut
January 18. 1836.
I certify that on application for Mr. James Brooks, I have examined the Books & papers of the late Pay Table Office of this State, and other documents — And find in the acco ts of settlements with Col o Heman Swifts Regiment of the Connecticut Line of the Continental Army, the name of Captain Stephen Hall, who is stated to have commenced service January 1. 1777, and to have been settled with January 1. 1780 for 3 years service — and from this last date, to 1 st January 1781, — 1 Years service. And that the last settlement with this Regiment appears to have been that for service to 31 Dec r 1781 as recorded in the Pay Table Books — But the name of Capt. Hall is not found after the second settlement with the Reg t above stated, — i.e. to 1 Jan y 1781.
Gideon Wells Comptroller
per Mr. G. Wells Comptroller

N o 4.026 Connecticut James Brooks Suspended
Set to Hon S. Pughams 16 Dec 1835
" " " " 8 Feb. 1836
Set to H. W. L. Storrs 17 Feby 1840
1249

4.026
James Moody
Subscribed to proof of the 2 nd Term of 10. 17 Levrum
William Warner
8 Alub
E. Warner
E Warner
Letton S. Ingham 16 Dec 1885
Huddan
6
133.
Ho W. S. ...
31 Dec by N. C. ...

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Brooks which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? 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? 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? VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? 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?
No

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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
None
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 the 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.
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 authenticated 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 end 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.

Feby 11 '40
OC

249 Dept of War Pension Office July 17 1870
Sir
The claim of James Brooks was rejected under the act of July June 7 1832, because his service was of a less period than 6 mos. It was true that he claimed for a longer period, yet the rolls in the Office and at Hartford Co. discredited his statement. He enlisted in Col. Stephen Hall's Co. Traps reg. July 1780. for 6 mos. and was discharged before the expiration of that term, to wit: on the 9th of Dec. 1780. He alleged that he re-enlisted in the same company for 6 mos. more, but his name does not again appear upon any rolls in the Office. Col. Hall himself left the service in the month of Nov 1780 — I have the honor
W. L. Storr H R
Olney 1882 4026
Ans

Hon. Saml. Ingham
8. Feb. 1830
O. C.
Rec. Vol. 37. pa. 160.

War Dept
Pension Off.
Feby 8, '36.
Sir
I have the honor to inform you that the claim of James Brooks has been again examined & disallowed.
He alleges that he enlisted in Halls Company of Swifts Regt Conn. Line for 6 mo in June '81 & at the expiration of that term re-enlisted for the same term under the same Officers & was discharged 1 July '82 - The records of this office shew that he served 5 mo. 9 days under the first enlistment & was discharged on 9 Dec. '81 and as discredited by their silence the alleged 2 nd enlistment & service - The certificate of the Comptroller of Conn. shews that Capt. Hall was not in service at the period of this alleged service under him - and an examination of the all the regts of that Line from 81 for the claimants name is unsuccessful.
Hon. Samuel Ingham Ho. Rep.

Hon S Ingham
16 Dec 1888
O.C.
Rec. Vol. 37. pa. 148.

War Dept
Pension Off
Dec. 35-
Sir
I have the honor to inform you that the evidence presented by you in support of the character of James Brooks an applicant for a pension under the act of 7. June 1832 has been examined. The regulations require the best evidence in the power of claimants to procure and as the enlistments in the Connecticut Line for '81 & '82 are of record in the office of the Comptroller at Hartford his second term of alleged service in 82 should be established by the certificate of the Comptroller. The first term is verified to the extent of 5 mos 9. days by the rolls of this Office. In order to enable you to make the necessary enquiry if you should so desire, it is proper to state that he alleged 6 mos service in Capt. Halls Company of Col. Swifts regiment ending 1 July '81 -
Ab
unt
Hon. S. Ingham Ho. Rep

Acts of July 14, 1862, and March 3, 1873.
1249.
RECEIVED cum
P. O. James Brooks
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: List of rejected (or suspended) Claims printed in 1852,
Re-enlisted: shows cause of rejection as follows: "He did not serve six months."
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

James Brails Declaration for a Pension -
ca 1 July 1780 due 9 Dec 1780
on Rolls 1 July 80 disch d 9 Dec 80 57 no. 9 ds

I Joseph Scovil of Haddam in the County of Middlesex and State of Connecticut - of lawful age depose and say that in the 10 th day of June AD 1780 I enlisted with James James Brooks into the Continental Army of the United States - that I marched with him on said 10 th of June AD 1780 to Oldbury Point - on Hudson River in the State of New York - after remaining with him at said place about two weeks the said Brooks was taken from the Company in which I was and put into Capt Hall's Housatonic Company I saw him in said Company about the time my term of enlistment expired and here no doubt - but he served as he has since further in his Declaration and the Dependent further says that the said Brooks is a man of truth and that his statement - is to be relied upon - Given the Dependent's written and dated at Haddam this 6 th day of Aug AD 1832
Joseph Scovil
to State of Connecticut ss Middlesex County Haddam Aug 6 th AD 1832 Personally appeared before the Court of Probate in and for the District of Haddam in said County then sitting for the District of Haddam in said County then sitting Joseph Scovil. Subscriber to the foregoing Deposition and made solemn oath to the truth of the same - said Court certifies that the said Scovil is well known to him and that he is a credible Witness
Ely Warner Clerk

James Brooks.
Hon. S. Ingham H. R.
J. L. Edwards, Esqr Commisioner of Pensions City of Washington D. Columbia
ct.
Dec. 2

State of Connecticut County of Middlesex ss Haddam December 1 st 1835
On this 1 st day of December 1835 personally appeared before me Simy Parmelee a Notary Public in and for said County of Middlesex. James Brooks a resident of Haddam in the County of Middlesex and State of Connecticut aged seventy years who being sworn according to law doth on his oath make the follow- -ing 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 and served for the period of twelve months, and for a particular account of his services in the war of the revolution for the period aforesaid, he would refer to his declaration made before the Court of Probate within and for the District of Haddam some time in the year 1832 and now in the office of the Commissioner of Pensions of the United States in the City of Washington, and the testimony accompanying said declaration. In addition to the testimony already in possession of the commissio- -ner of Pensions, he would hereby call the atten- -tion of S d Commissioner to the evidence atten- -ched to this declaration
He hereby relinquishes ever claim therein 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 — James Brooks
Sworn to and subscribed the day and year aforesaid —
State of Connecticut County of Middlesex ss Wadsworth December 1 st 1835
Personally appeared James Brooks who subscribed the pre- ceding declaration and made solemn oath to the truth of the same. In testimony whereof I have hereunto set my hand & affixed my seal of Office the day & year last aforesaid
Timothy Parmelee, Notary Public

State of Connecticut, County of Middlesex Haddam December 1 st 1835
We whose names are hereunto subscribed, do hereby certify that for more than twenty years last past we have been personally acquainted with James Brooks of Haddam in the County of Middlesex in the State of Connecticut - that he is a man of strict integrity - has the reputation of having been a soldier in the war of the Revolution, and that in our opinion his declarations in reference to his services in the war of the Revolution are entitled to the fullest confidence - James
1835
Jonathan Huntington Charles Annot Jared Annot
State of Connecticut County of Middlesex Haddam December 1 st 1835
Personally appeared before me Linnus Larmine a Notary Public in and for Middlesex County

the present, and declare that his name is not on the pension roll of the agency of
James H. Child, Jonathan Huntington, Charles Arnold, Israel Arnold and made solemn oath to the truth of the preceding certificate by them severally subscribed. In testimony whereof I have hereunto set my hand and affixed my seal of Office the day and year last aforesaid.
Simon Parmach, Notary Public
I am personally acquainted with the within named. James H. Child - Mr. Huntington. Charles Arnold and Israel Arnold Esq rs . They are all men of the first respectability in the Town in which they live -
Washington D.C. Jan. 11. 1885
Samuel M. Hearn M. C.

I certify that I have been acquainted with Capt James Brooks of Haddam for a period of sixteen years that he has always sustained a fair character - That he has always had the reputation being a soldier of the revolutionary War and that in my opinion his declarations relative to his services in the army of the revolution are entitled to the fullest credence Haddam Dec 1 st 1835
Ely Warner
State of Connecticut, County of Middlesex ss Haddam December 1 st 1835
Personally appeared before me Limy Parmelee a Notary Public in and for the County of Middlesex & Ely Warner Esqr and made oath to the truth of the above certificate by him drawn up and subscribed For testimony whereof I have hereunto set my hand and affixed my seal of office the day & year last aforesaid
Limy Parmelee, Notary Public

the present, and declare that his name is at the head of the agency of
Non. Chy Warner, within nameless, is personally, and well known to me, - he is a gentleman of the first respectability and character.
Jan y . 11. 1885 — Samuel Ingham Mr. C