Revolutionary War Pension and Bounty Land Warrant Application File S. 46,423, Edmund Brooke, Va.

SERVICE
NUMBER
Var
Brooke, Edmund.
S. 46,423
B.L.Wt. 1097-200
CONTENTS

Document
to be filed with the petition of Edmund Brooke
filed Feb. 20. 1878
Con. White House The Warrant of S d Brooke was ap d to Brooke & Maria Dwell their of Paul Dwell

Prince William County Virginia to wit;
Edmund Brooke personally ap- peared before me the subscriber a Justice of the Peace in the aforesaid County, and made Oath that he was appointed a Lieutenant in the First Continental Regiment of Artillery commanded by Col l Harrison during the Revolutionary War between the American Colonies and Great Britain - That he joined the said Regiment, and remained in actual service for several months before the Invasion of the State of Virginia by Lord Cornwallis, being employed in transporting military stores, and various other services. That after Cornwallis's In- vasion, he shared in all the toils and hardships incident to a camp life, remaining constantly with the Company of Artillery to which he was attached, until a few weeks before the Siege of York, when he was compelled by a severe spell of sickness, contracted by expo- sure, fatigue and hard fare, to leave the army until his health was restored - He left camp with the leave, and by the advice of his Commanding Officer, Col l Coleman (since dead) tho' not with- out the deepest regret that the state of his health rendered it ne- cessary at such a period, and without any intention whatever of resigning his Commission; but with the most fixed determination to join the said Regiment so soon as his health would permit, with the conclusion of the War, by the Capitulation at York Town, render- ed necessary - That for his said services, the only compensa-

on that he recollects to have received was a Warrant for two thousand six three hundred and thirty three acres 2/3 of Land to which his Rank in the Army entitled him, at which he afterwards obtained a Patent for; but having neglected to demand the Commutation, awarded awarded within the time limited by Law, he was excluded, and has yet never obtained it - This, as well as the additional mi- litary Land Bounty since given by Congress to the Officers of the Revolution, he considers himself justly entitled to as he consi- dered himself (tho' not in actual service furthermore assigned at the conclusion of the war, for the reason assigned) an Officer, and liable at any time to be called into Service -
In corroboration of this statement, if any further evidence be necessary, this affiant further declares, that it will be found of Record at Richmond that he received the abovenmentioned quantity of Land for his services in the said Regiment, which would not have been given to him had he not been considered, justly entitled to it as an Officer at the end of the War. -
Given under my hand this 20 th day of January 1818.
J. M. Myler

From 1828 to 1830 ...
22.
... and ...
Declaration
... and ...
B.
... and ...

For the purpose of obtaining the benefits of an Act entitled "An Act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution" approved on the 15 th of May 1828. - I Edmund Brooke, of George Town, in the County of Washington, in District of Columbia, do hereby declare, that I was an Officer in the Continental Line of the Army of the Revolution, and served as such to the end of the War, at which period I was a first Lieutenant in the Company Right Company commanded by Charles Harrison of the Virginia Line on the Continental establish- ment. I joined the said Regiment in the latter end of January or first of February 1781, when I was employed in the transportation of Military Stores up and down River James from Richmond Virginia, and in performing other military duties until the invasion of Vir- ginia by the British Troops, under Cornwallis.
I do declare that I was entitled to a Commutation Cer- tificate for a sum equal to the amount of five years full pay, which sum was offered by the Resolve of Congress of the 22 nd of March 1783, instead of the half pay for life, to which I was entitled, under the Resolve of the 21 st of October 1780: and the rea- son that I did not obtain the same, will be shown in the follow- ing detailed statement of facts: - That not long before the inva- sion of Virginia by Cornwallis, the Companies composing the Regi- ment aforesaid were consolidated into two full Companies - March- ed to South Carolina, and merged in the Army commanded by General Nathaniel Greene - That Captains Coleman, Dix, Miller, Bohannan, myself - and all the other Officers of Harrison's Regiment, except those who marched to the South with the two Companies aforesaid, remained in Virginia, and took command of certain quotas of Militia, drafted to fill up the Ranks in the said Regiment. That this formed part of the force which resisted the invasion by Cornwallis, and which aided in his capture at York Town. That during the whole Campaign, I shared in all the toils and hardships incident to a Camp life, liv- ing often on unsound Meat, and Cattle unfit to sustain life by their poverty - unsifted meal - sleeping often on the wet ground,

with no other than the damp leaves for my bed and pillow, until with- in about a week before the siege of York, when I was attacked by a severe illness, contracted by exposure, fatigue and hard fare, and being rendered thereby unable any longer to perform duty, I was ad- vised by my Captain, Coleman to return home, which I did, though not without the deepest regret, that I was compelled to retire at so interesting a period, and with the most fixed determination to re- turn to Camp so soon as the state of my health would permit. My ill confinement was of long duration and attended with much expense. When I was well enough to leave home, which was not until long after the surrender of Cornwallis, the Mili- tia composing the companies of yours had returned home, and being in the manner aforesaid without actual command, or service to render, I remained at home, still holding myself bound and ready to obey any call whatever from my Country. — This was the case with all the  many officers at that period who were ab- sent for a much longer time than myself, without the same reason, & who, living near the seat of Government, were more vigilant than myself in seeing that their names were upon the return Rolls, whereby they received full compensation and their Commutation Certificates. — It will be perceived by a Certificate from the War Department, marked B. among the accompanying docu- ments, that among those Officers of the Virginia Line on Con- tinental establishment, who received Certificates for one and two years' advanced pay, agreeably to an Act of Assembly pass- ed at November Session, 1781, that my name stands upon the said List, as Lieutenant of Artillery, who was entitled to £126. 14, which it appears from the said List, was received by a Col. Du Val, on the 5 th of March 1784, but who (although a friend of mine) never accounted with me for one cent of the same, nor was I apprised of its being paid to him 'till after his death. The only compensation that I ever received, was the Bounty Land promised to the Officers who should continue in Service to the end of the War, a Certificate of which mark- ed 2. in the file B. will shew — As also an additional Washington Military Land Bounty, allowed by Congress at

Their Session of 1806, to such Officers as served to the end of the War, which will be shown by a Document marked 5. in file B. .
I further declare that my Commission is lost or destroyed, and that I have never received a pension from the United States.
Conceiving that I am entitled to a commutation Certificate, tho' I have not been so fortunate as to obtain one as yet; and as the Law of the 15 th of May 1828, provides for those who were "entitled" and does not exclude those who, being entitled, did not obtain the same, I trust that the peculiar hardship of my case may be no bar to my present claim, the cause of my name not appearing on the last muster Roll being satisfactorily accounted for in file B. documents N o 3. 4. & 5.
Witness my hand 3 d day of June in the
Year 1828.
Edmund Brooke.
Washington County District of Columbia. ss.
Before me Enoch Reynolds— a Justice of the Peace, duly empowered to administer oaths in therein in the said County and District aforesaid, personally appeared this day Thomas Miller, and Richard B. Maury, of the said County, who did, severally, make oath, that Edmund Brooke, by whom the foregoing Declaration was subscribed, is generally reputed and believed to have been an Officer in the Army of the Revolution in the manner as therein stated.
Witness my hand, this 3 d day of June 1828
Enoch Reynolds. Jus. peace

3-2 Accompanying the petition of Edward Brooke presented the 16 Feb, 1803 Price.
Certificate that he served to the end of the War

I do certify that Lieutenant Edmond Brooke is entitled to the proportion of land allowed a Lieutenant of the Continental line who has Served to the end of the War
Council Chamber February 19 th 1784
Benj Harrison
Thos Meriwether
Land Office Military Warrant, N o 2541
To the principal Surveyor of the Lands Set a part for the Officers and Soldiers of the Commonwealth of Virginia
This shall be your warrant to Survey & lay off in one or more Surveys for Edmond Brooke his Heirs or Assigns the quantity of two Thousand six hundred sixty six & 2/3 acres of Land due unto the said Edmond Brooke in consideration of his Services for the War, as a Lieutenant in the Virginia Continental line, Agreeable to a Certificate from the Governor & Council Received into the Land Office — Given under my hand and the Seal of the said Office this 19 th day of February, in the year one thousand seven hundred and eighty
John Harvie the L tr Aff
Virginia Land Office
I do hereby certify that the above are Copyed in this Office, the first from the Original Certificate the last from Records, — Given under my hand and the Seal of said Office this 21 st day of December 1787
Wm. Fitzhugh

In reply to your request of _____, received _____ for a statement of the military history of Edmund Brooke a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. Cert. 279. Sur File 46423
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Jan. or Feb. 1781 to end of war. 1 st Lieut. Whitehead Coleman Chas. Harrison Va.           
Battles engaged in, ✓ Residence of soldier at enlistment, Essex Co., Va. Date of application for pension, June 3, 1828. His cl. was al. Residence at date of application, Georgetown, Washington Co., D.C. Age at date of application, not stated. Remarks: There is no data relative to family.

War Department
Pountyland Office
I Robert Taylor do hereby certify that the above and foregoing are true copies of the Vouchers filed in this Office by Lieutenant Edmund Brooke, and upon the authority of which Land warrant N o 1097 for 200 acres of land was issued to him for his hard bounty of the United States on the 7 th of Dec r 1824. Given under my hand this 28 th day of May 1828
Robert Taylor C.B.R.O.
Be it remembered that Robert Taylor who has signed the foregoing certificate, is charged with the general superintendence of the business relating to the Pounty Land Office in the Department of War, and with the safe keeping of the Rolls, Books, Papers and Documents on file in said Department, in relation to said business; and that to his attention full faith and credit are and ought to be given.
In testimony whereof I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this twenty ninth day of May, in the year of our Lord, one thousand Eight hundred and twenty Eight.
Sam l L. Southard Acting Secretary of War

3 - 1 8 E I do Certify that Lieutenant Edmund Brooke is entitled to the proportion of Land allowed a Lieutenant of the Continental Line who has served to the End of the war
Council Chamber Feby. 19 th 1784 Benj r Harrison
Thomas Merewether
A copy from the original
Land Office Military Warrant N o 2541.
To the Principal Surveyors of the Lands set apart for the officers and Soldiers of the Commonwealth of Virginia
This shall be your warrant to Survey and lay one or more Surveys for Edmund Brooke his heirs assigns the quantity of two thousand six hundred sixty six and two thirds Acres of Land due unto Edmund Brooke in consideration of his services for as Lieutenant in the Virginia Continental line agree to certificate from the Governor and Council received in Land Office. Given under my hand and the seal of the office this nineteenth day of February in the year one thousand seven hundred and eighty four.
John Harvie Reg d
The above is a true copy taken from the register of War Number two
Given under my hand and the seal of the office this 19 th of December, 1795.
W m Price Re L. Off
It appears by the books in this Office that a Certificate was delivered to Col. Duval in the name of Edmund Brooke Lt d of Artillery Amounting to £126. 14. Dated 5 th March. 1784.
And s office 21 st Nov r 96
Jno Carter

3 I do hereby certify that Edmund Brooke received an appointment in the late revolutionary war with Great Britain as first lieutenant, viz the first continental regiment of artillery commanded by Col o Charles Harrison, into which service he immediately entered upon receiving the appointment and continued in constant service many months before Cornwallis's invasion of the State of Virginia. During this invasion the said Edmund Brooke served unwittingly until a week or two before the siege of York, when having contracted a severe illness in consequence of his being exposed, he returned home and remained too ill to return till after the capitulation. The Lieut o and Capt o Lieutenant to whose company the said E. Brooke belonged, and by whom the above facts could have been fully established were both residents of my neighbourhood and are both dead. Given under my hand this 14 th day of Decem r 1802 Signed Th e B. Brooke
Essex county ss z Humphry B. Brooke personally appeared before me James Hunter a magistrate in the s a county and made oath to the truth of the above certificate - Given under my hand this 15 th day of Decem r 1802. Signed James Hunter
4 Essex county ss z Thomas Dix personally appeared before me, Humphry B. Brooke, one of the Commonwealth's Justices of the peace for the said county and made oath that he had a Captain's command in the Reg t commanded by Col o Charles Harrison in the last war, and was in service at the time mentioned in the certificate hereto annexed, at which time Edmund Brooke bore a lieutenancy in the said Reg t in a company commanded by Capt o Whitehead Coleman since dead, and that the facts contained in the certificate of Hum: B. Brooke with respect to the said E Brooke's service and indisposition at the time spoken of in the said certificate - greate

is true. Given under my hand this 15 th day of Decem 1802.
Essex county to wit
Signed (S)
H. B. Brooke
William Wareing of the said county, - solemnly appeared before me Humphry B. Brooke one of the Commonwealth's Justices of the Peace in the s d county and made oath that in the campaign seventeen hundred eighty one during Cornwallis's invasion of the State of Virginia he commanded a company of Militia from the county of Essex, and was frequently in company with Edmund Brooke at that time and for many months before was first Lieutenant in a Regiment of artillery commanded by Col o Charles Harrison and in a company of the s d reg t commanded by Capt o Whitehead Coleman of the aforesaid county since dead. That the s d Edmund Brooke remained with the said company till within a short time of the siege of Yorktown when he left camp with the said affiant being at the time much indisposed in consequence of his suffering a good deal of hardship and being much exposed to which he (the affiant) was a witness. That the said Edmund Brooke had a severe illness upon his return home which was of some continuance. The s d affiant states that he was very intimate with the said Edmund Brooke and never understood from him that he intended to resign when he quitted the camp; and that Capt o Coleman, and Capt o Lieutenant Miller, to whom company he the s d Brooke belong'd as well as Capt o Ambrose Brannan of the same county and regiment are all since dead. Given under my hand this 16 th of Decem r 1802.
Signed
H. B. Brooke
Essex office Dec r 16 th 1802
I John P. Lee Clerk of the county court of Essex do certify that H. B. Brooke, and James Hunter Esq rs whose hands is affixed to the foregoing certificate, are both magistrates of the county of Essex and that due faith and credit ought to be paid to all their acts and deeds as such. In testimony whereof I have hereunto set my hand & caused the seal of my office to be hereunto affixed this day in year above mentioned & of our independence the 27 th . Signed John P. Lee C. E. C.
115 (N) 1 +

Prince William county Virginia to wit: Edmund Brooke personally appeared before me the subscriber a justice of the Peace in the aforesaid county and made oath that he was appointed a lieutenant in the first Continental regiment of Artillery commanded by Col o Harrison during the revolutionary War between the American colonies and Great Britain. That he joined the said regiment, and remained in actual service for several months before the invasion of the State of Virginia by Lord Cornwallis, being employed in trans- -porting military stores and various other services. That after Cornwallis's invasion, he shared in all the toils and hardships incident to a Camp life, remain- -ing constantly with the Company of Artillery to which he was attached until a few weeks before the siege of York, when he was compelled by a severe spell of sickness, contracted by exposure, fatigue and hardship, to leave the Army until his health was restored. He left camp with the leave, and by the advice of his command- -ing officer, Capt l Coleman (since dead) tho' not without the deepest regret that the state of his health rendered it necessary at such a period; and without any intention whatever of resigning his commission; but with the most fixed determination to join the said regiment so soon as his health would permit, which the conclusion of the War, by the capitulation at York Town, rendered unnecessary. That for his said services, the only com- -pensation that he recollects to have received was a warrant for two thousand six hundred and thirty three acres & \frac{2}{3} of land to which his rank in the Army entitled him, and which he afterwards obtained a Patent for; but having neglected to demand the commu- -tation within the time limited by law, he was ex- -cluded, and has yet never obtained it: This, as well as the additional military land bounty since given by Congress to the Officers of the Revolution, he considers himself justly entitled to as he considers himself (tho' not in actual service at the conclusion of the War, for the reason assigned) an Officer, and liable at any time to be called into service. In corroboration of this

statement, if any further evidence be necessary, this - grant further declares, that it will be found of Record at Richmond that he received the above mentioned quantity of land for his services in the said regiment, which would not have been given to him had he not been considered justly entitled to it as an officer at the end of the War. Given under my hand this 20 th day of January 1818 - Signed. Jno. M. Taylor.
2 I do certify that Lieutenant Edmund Brooke is entitled to the proportion of land allowed a lieutenant of the continental line who has served to the end of the War. Signed Thos. Morton Council Chamber February 19 th 1784 Benj. Harrison
Land Office Military. Warrant N o . 2541 To the principal surveyor of the lands set apart for the officers and soldiers of the Commonwealth of Virginia.
This shall be your warrant to survey & lay off in one or more surveys for Edmund Brooke his heirs or assigns the quantity of two thousand six hundred and sixty six & \frac{2}{3} acres of land due unto the said Edmund Brooke in consideration of his services for the War, as a lieutenant in the Virginia Continental line, agreeable to a certificate from the Governor and Council received into the Land Office. Given under my hand and the seal of the said office this 19 th day of February, in the year one thousand seven hundred and eighty. Signed Virginia Land Office Wm. Harvie Re L. Off.
I do hereby certify that the above are copies in this office, the first from the original certificate the last from Record - Given under my hand and the seal of said office this 21 st day of December 1797. Signed Wm. Price Regr

19th CONGRESS, 2d Session.
H. R. 278.
REPORTED BY THE COMMITTEE ON REVOLUTIONARY CLAIMS.
MAY 19, 1826.
Read twice, and committed to a Committee of the Whole House to-morrow.
A BILL
For the relief of Edmund Brooke.
1 Be it enacted by the Senate and House of Representatives of 2 the United States of America in Congress assembled, That the 2 Secretary of the Treasury be, and he is hereby, authorized 3 and required to pay to Edmund Brooke, out of any money in 4 the Treasury, not otherwise appropriated, the sum of 5 dollars, and the interest thereon, from the     day of 6 in satisfaction for his claim to commutation as a Lieutenant 7 in the Army of the Revolution.

AN ACT
To provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every commissioned officer, non-commissioned officer, musician and private soldier, and all officers in the Hospital department and Medical Staff, who served in the war of the revolution until the end thereof, or for the term of nine months or longer, at any period of the war, on the continental establishment; and every commissioned officer, non-commissioned officer, mariner, or marine, who served at the same time, and for a like term, in the naval service of the United States, who is yet a resident citizen of the United States, and who is, or hereafter, by reason of his reduced circumstances in life, shall be in need of assistance from his country for support, and shall have substantiated his claim to a pension in the manner hereinafter directed, shall receive a pension from the United States; if an officer, of twenty dollars per month during life; if a non-commissioned officer, musician, mariner, marine, or private soldier, of eight dollars per month during life: Provided, no person shall be entitled to the provisions of this act until he shall have relinquished his claim to every pension heretofore allowed him by the laws of the United States.
SEC. 2. And be it further enacted, That to entitle any person to the provisions of this act, he shall make a declaration, under oath or affirmation, before the district judge of the United States of the district, or before any judge or court of record of the county, state, or territory, in which the applicant shall reside, setting forth, if he belonged to the army, the company, regiment, and line, to which he belonged; the time he entered the service, and time and manner of leaving the service; and, in case he belonged to the navy, a like declaration, setting forth the name of the vessel, and particular service in which he was employed, and the time and manner of leaving the service, and shall offer such other evidence as may be in his power; and on its appearing to the satisfaction of the said judge, that the applicant served in the revolutionary war, as aforesaid, against the common enemy, he shall certify and transmit the testimony in the case, and the proceedings had thereon, to the Secretary of the Department of War, whose duty it shall be, if satisfied the applicant comes under the provisions of this act, to place such officer, musician, mariner, marine, or soldier, on the pension list of the United States, to be paid in the same manner as pensions to invalids, who have been placed on the pension list, are now paid, and under such restrictions and regulations, in all respects, as are prescribed by law.
SEC. 3. And be it further enacted, That every pension, by virtue of this act, shall commence on the day that the declaration under oath or affirmation, prescribed in the foregoing section, shall be made.
SEC. 4. And be it further enacted, That from and after the passage of this act, no sale, transfer, or mortgage of the whole, or any part of the pension payable in pursuance of this act, shall be valid; and any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.
H. CLAY, Speaker of the House of Representatives.
DANIEL D. TOMPKINS, Vice-President of the United States and President of the Senate.
March 18, 1818.—Approved,
JAMES MONROE.

RULES AND REGULATIONS for substantiating Claims to Pensions, to be observed under the Law of Congress of the 18th of March, 1818, viz.
THE commissions of officers, and the discharges of the regular soldiers of the army of the revolution, (if in existence) applying for pensions under the above act, will, in every instance, be furnished to the War Department; and the signatures of the respective judges, certifying in these cases, must be attested by the seal of the courts where such judges preside. The person applying for a pension to declare, under oath before the judge, that, from his reduced circumstances, he needs the assistance of his country for support.
War Department Pension Office,
March 26, 1818.
Approved.
(Signed)
J. C. CALHOUN.

EDMUND BROOKE.
MAY 19, 1826.
MR. SMITH, from the Committee on Revolutionary Claims, to which had been referred the petition of Edmund Brooke, made the following
REPORT:
The Committee on Revolutionary Claims having examined the petition of Edmund Brooke, to them referred, praying for the commutation due to him for his services as a Lieutenant to the end of the war, report:
That it appears, to the satisfaction of the committee, that Edmund Brooke was a Lieutenant in the Virginia Regiment, on Continental Establishment, commanded by Colonel Charles Harrison. It does not appear that the said Brooke resigned, or that he was, in any other manner, excluded from the roll of the Army prior to the close of the war. On the contrary, it appears that the said Brooke obtained from the State of Virginia the bounty land and advanced pay, and from the United States the bounty land allowed to the officers who served to the end of the war. It appears that the said Brooke has received from the United States, and the State of Virginia, every thing which was due to him in consideration of his continuance in the Army to the end of the war, except his commutation, the certificate for which the Army Agent of the United States refused to issue, because the name of the said Brooke did not appear on the pay rolls of Harrison's Regiment, at the close of the war. It does not appear to the committee, by any evidence to be obtained on the files of the War Office, that such a pay roll ever existed. And the fact that Harrison's Regiment, with the exception of the officers of two companies, was sent to South Carolina about two years prior to the close of the war, and merged in the Maryland line, would furnish the strongest evidence that the pay roll of that regiment, as a distinct corps, must have been discontinued, and that, though the pay roll of the Army furnished the best general evidence on which the claim to commutation was granted, the irregularity and uncertainty of that evidence, as it applies to this case, ought to authorize the petitioner to have the benefit of any other evidence which it is in his power to produce, to sustain the fact that he continued in the Army to the end of the war, and that he is enti-

tled to his commutation. Besides, it is to be remarked, that the resolution of Congress, passed in the year 1780, which provides that half-pay for life shall be allowed to all the officers who should continue in the Army to the end of the war, does not designate the particular species of evidence to be offered in support of claims to such allowance. The pay rolls were assumed by the Board of War as the evidence on which the commutation certificates were issued, and the same rule has been adopted in regard to land bounties, pensions, &c. But this rule has, in many cases, been relaxed, and the one in question is, in the opinion of the committee, fairly entitled to such a relaxation. The committee, after an attentive examination into all the facts and circumstances of this case, is satisfied that Edmund Brooke, the petitioner, was a Lieutenant in the Continental Army, attached to the regiment commanded by Colonel Charles Harrison; that he continued in the Army to the end of the war of the Revolution; that he is entitled to the commutation which he prays for; and has come to the following resolution, which is reported, together with the bill, in order to carry the same into effect. Resolved , That the prayer of the petitioner is reasonable, and that provision ought to be made by law to satisfy the same.

EDMUND BROOKE.
JANUARY 25, 1828.
Read, and laid upon the table.
JANUARY 29, 1828.
Committed to a Committee of the Whole House to-morrow.
MR. HUNT, from the Committee on Revolutionary Claims, to which was referred the petition of Edmund Brooke, made the following
REPORT:
The Committee on Revolutionary Claims, to which was referred the petition of Edmund Brooke, report:
That, in the month of February, 1781, the petitioner was appointed First Lieutenant of the first regiment of Virginia artillery, on the Continental establishment, commanded by Colonel Charles Howison; that he remained with said regiment till a few days before the siege of Yorktown, (which commenced about the first of October of the same year,) when he left the camp, as he states, on furlough for a few weeks, in consequence of severe illness, and never afterwards joined said regiment. The affidavit of the petitioner states, "that it was his intention, when he recovered, to join the said regiment, which was rendered unnecessary by the capitulation of Lord Cornwallis."
Before the invasion of Virginia by Lord Cornwallis, the companies composing said regiment were consolidated into two full companies, and marched to South Carolina, and merged in the army then commanded by General Nathaniel Greene. The petitioner, and all the other officers, except those who marched to the South with the two companies aforesaid, remained in Virginia. Certain quotas of militia were drafted to fill up the ranks in said regiment; but, immediately after the surrender of Lord Cornwallis, the whole of said corps of Militia were sent home, and the officers left without any actual command, or service to perform.
Although the petitioner never joined the said regiment after he left it, nor took any actual command, or performed any service, yet it appears that several persons who were acquainted with him at that time, considered that he belonged to said regiment even to the close of the Revolution: and the petitioner now claims the commutation, to which he considers himself entitled, upon the ground that he did continue in the service to the end of the war.

To counteract this presumption of service to the end of the war, it does not appear that the name of the petitioner was ever on any official pay roll after the siege of Yorktown. In the year 1784, the petitioner made application to Mr. Dunscomb, the Continental Agent, appointed to distribute the final settlement certificates, for his commutation certificate, which was refused by said Agent, because the petitioner's name was not entered on the official return made to him by the paymaster of the regiment commanded by said Colonel Howison, which was the evidence by which the accounts of that regiment were settled, the same being founded upon the last musters that were made. There is now remaining in the Treasury Department a statement of balances due the officers of the Virginia line on account of three months' specie pay in 1782, and four months' in 1783, on which the name of the petitioner is not to be found, though there are on the list the names, it is believed, of all the other officers of the Virginia line, then in service.
From the foregoing facts, and certain printed documents that accompany a report of this case made by the Committee on Pensions and Revolutionary Claims, on the 7th of January, 1825, to which reference is now made, the Committee are of opinion, that the said Lieutenant Brooke did not serve to the end of the war, and, of course, is not legally entitled to the commutation prayed for; and recommend the following resolution:
Resolved , That the prayer of the petitioner ought not to be granted.
Report Edmund Brooke
Mr. Hunt

EDMUND BROOKE.
MARCH 18, 1828.
Read, and laid upon the table.
MARCH 20, 1828.
Committed to a Committee of the Whole House to-morrow.
Mr. WOLF, from the Committee on Revolutionary Claims, to which was recommitted the report made on the petition of Edmund Brooke, made the following
REPORT:
The Committee on Revolutionary Claims, to which was recommitted the report of the 23d January last, together with the petition and documents of Edmund Brooke, on which the said report was founded, have again had the same under consideration, and report:
That they have carefully re-examined all the documents and evidences in relation to the petitioner's claim; they have also received, from the Third Auditor, a letter under date of the 8th February, 1828, in answer to certain inquiries made of him, by the Committee, in reference to said claim, from which it appears that all the officers of the regiment to which Lieutenant Brooke alleges he was attached, (with the exception of said Brooke) received their pay and commutation in full, and that the name of Lieutenant Brooke is not to be found on any record in that office, as having served to the end of the war. If, at the close of the war, the claim of Lieutenant Brooke had rested upon the same grounds as did those of the other officers of the regiment to which he belonged, your Committee cannot believe that the same justice which had been meted out to his fellow officers, would have been denied to him.
This claim was presented to Congress so early as the year 1803, at a time, when it is believed, the records of the War Department were complete, and exhibited a full and satisfactory view of the claim of each individual officer and soldier of the army of the Revolution; the right of Edmund Brooke to commutation was then denied; since that time, the records of the Department have been mutilated and destroyed, and the evidence which could have been most safely relied on, and which would have exhibited the true state of the case, is not now to be obtained.
Under all the circumstances of the case, and taking into consideration the uniform decisions of respectable Committees of Congress, at an

early day, and when proof which could have left no doubt on the subject of this claim, must have been at hand against this claim, your Committee are of opinion, that the Government, at the close of the war, did not consider Lieutenant Brooke as an officer entitled to commutation, whatever might have been his own impressions to the contrary.
Your Committee are, therefore, induced to adhere to the opinion as expressed in their former report, that the petitioner is not entitled to the commutation he prays for, and recommend the adoption of the following resolution:
Resolved. That the Committee be discharged from the further consideration of the subject referred to them.
To the Honorable the Congress of the United States.
The petition of Edmund Brooke, humbly showeth, That, in the month of February, in the year 1781, your petitioner was appointed a first Lieutenant, in the first regiment of Virginia Artillery, on the Continental establishment; that he immediately repaired to his regiment, and remained with it until the siege of York Town, in Virginia, when, being extremely ill, he was compelled to ask a furlough for a few weeks; that the regiment, or rather the only two companies then full, and belonging to it, were ordered to join General Green's army in Carolina, where they remained during the war. That your petitioner held himself in readiness to obey any call that might be made on him, and remained an officer, in the said regiment, until the end of the war, when he obtained the necessary documents, and received from the State of Virginia, that portion of pay which it had been pledged to pay to its officers in the Continental line; also, the bounty in land, allowed to a first Lieutenant, who had served until the end of the war, as will clearly appear by a certificate from the Journals of the Council of the State of Virginia, as well as from the Auditor's and Register's Office, all which are hereto annexed. That your petitioner, at the same time, and frequently thereafter, applied to Andrew Dunscomb, the assistant army agent in Virginia, for a certificate for the balance of his pay, depreciation of pay, and commutation, but was refused the same, on the ground that your petitioner's name did not appear on the last pay roll of his regiment, (the document on which the accounts of officers similarly situated with your petitioner were then liquidated.) as will also appear by a certificate hereto annexed. That your petitioner, uninformed of the true mode of obtaining redress, applied to the Legislature of Virginia; in the progress of which application, it was discovered that his resort was to the Congress of the United States. That, after various delays arising from your petitioner being tantalized, first with redress from one quarter, and then from another, and much difficulty in procuring vouchers from the different offices, your petitioner for-

[Rep. No. 205.]
3
warded his papers, some Sessions past, to a gentleman of your honorable body, who being taken ill, was unable to present them in time. Your petitioner, therefore, takes this occasion to exhibit his pretensions, in hopes that they may receive that consideration which may be due to their merits, and that justice for which Congress is so rightly famed; and that your petitioner, may be allowed such compensation as his brother officers, in similar situations, have actually had, and received; and your petitioner, relying on that justice which admits of no diminution from the lapse of time, trusts that the rules of limitation to claims against the United States, may be found inapplicable to his case, when it is considered, that the delay in question, has been produced by the omission of a public officer, and not from the default of your petitioner. This claim is supported by vouchers from the records of the country, equal in dignity to the records of courts, against which, even in legal strictness, acts of limitation never run; so that, upon the whole of the foregoing considerations, your petitioner humbly hopes that his case may be impartially investigated, and his claim for pay, depreciation of pay, commutation, and the bounty of land given by the United States to the officers of the Continental Army, who served until the end of the war, may be now liquidated and allowed; and your petitioner, as in duty bound, will ever pray.
EDMUND BROOKE.
COUNCIL CHAMBER, February 19, 1784.
I do certify that Lieutenant Edmund Brooke is entitled to the proportion of land allowed a lieutenant of the Continental line, who has served to the end of the war.
THOMAS MERIWETHER.
BENJAMIN HARRISON.
LAND OFFICE MILITARY WARRANT, No. 2,541.
To the principal Surveyor of the lands set apart for the Officers and Soldiers of the Commonwealth of Virginia :
This shall be your warrant to survey and lay off in one or more surveys for Edmund Brooke, his heirs and assigns, the quantity of two thousand six hundred sixty-six and two-thirds acres of land, due unto the said Edmund Brooke, in consideration of his services for the war, as a Lieutenant in the Virginia Continental line, agreeable to a certificate from the Governor and Council received into the Land Office.

Given under my hand and seal of the said office, this 19th day of February, in the year one thousand seven hundred and eighty.
JOHN HARVEY, Reg. Land Office.
VIRGINIA LAND OFFICE.
I do hereby certify that the above are copied in this office, the first from the original certificate, the last from record.
Given under my hand and the seal of said office, this 21st day of December, 1797.
WILLIAM PRICE, Register.
I do hereby certify that Edmund Brooke received an appointment in the late Revolutionary War with Great Britain, as first Lieutenant in the first Continental regiment of artillery, commanded by Colonel Charles Harrison, into which service he immediately entered, upon receiving the appointment, and continued in constant service many months before Cornwallis's invasion of the State of Virginia. During this invasion, the said Edmund Brooke served unremittingly until a week or two before the siege of York, when, having contracted a severe illness, in consequence of his being exposed, he returned home, and remained too ill to return till after the capitulation. The Captain and Captain Lieutenant, to whose company the said E. Brooke belonged, and by whom the above facts could have been fully established, were both residents of my neighborhood, and are both dead.
Given under my hand this 14th day of December, 1802.
H. B. BROOKE.
ESSEX COUNTY, to wit :
Humphrey B. Brooke personally appeared before me, James Hunter, a magistrate in the said county, and made oath to the truth of the above certificate.
Given under my hand this 15th day of December, 1802.
JAMES HUNTER.
ESSEX COUNTY, to wit :
Thomas Dix personally appeared before me, Humphrey B. Brooke, one of the Commonwealth's justices of the peace for the said county, and made oath that he had a Captain Lieutenant's command in the regiment commanded by Colonel Charles Harrison, in the last war, and was in service at the time mentioned in the certificate hereto annexed, at which time Edmund Brooke bore a Lieutenancy in the said regiment, in a company commanded by Captain Whitehead Coleman, since dead, and that the facts contained in the certificate of Humphrey B. Brooke, with respect to the said E. Brooke's service and indisposition, as the time spoken of in the said certificate, are true.
Given under my hand, this 15th day of December, 1802.
H. B. BROOKE.

ESSEX COUNTY, to wit :
William Warring, of the said county, personally appeared before me, Humphrey B. Brooke, one of the Commonwealth's justices of the peace in the said county, and made oath, that, in the campaign of seventeen hundred and eighty-one, during Cornwallis's invasion of the State of Virginia, he commanded a company of militia from the county of Essex, and was frequently in company with Edmund Brooke, who, at that time, and for many months before, was first Lieutenant in a regiment of artillery, commanded by Colonel Charles Harrison, and, in a company of the said regiment commanded by Captain Whitehead Coleman, of the aforesaid county, since dead : That the said Edmund Brooke remained with the said company till within a short time of the siege of York, when he left camp with the said affiant, being, at the time much indisposed, in consequence of his suffering a good deal of hardship, and being much exposed, to which he (the affiant) was a witness : That the said Edmund Brooke had a severe illness upon his return home, which was of some continuance. The said affiant states that he was very intimate with the said Edmund Brooke, and never understood from him that he intended to resign, when he quitted the camp ; and that Capt. Coleman and Capt. Lieutenant Miller, to whose company, he the said Brooke belonged, as well as Captain Ambrose Bohannan of the same county, and regiment, are all since dead.
Given under my hand this 16th of December, 1802.
H. B. BROOKE.
ESSEX OFFICE, December 16, 1802.
I, John P. Lee, Clerk of the County Court of Essex, do certify that H. B. Brooke and James Hunter, Esquires, whose hands are affixed to the foregoing certificates, are both magistrates of the county of Essex, and that due faith and credit ought to be paid to all their acts and deeds as such.
In testimony whereof, I have hereunto set my hand, and caused the seal of my office to be hereunto affixed, this day and year above mentioned, and of our independence the 27th.
JOHN P. LEE, C. E. C.
PRINCE WILLIAM COUNTY, VIRGINIA, to wit :
Edmund Brooke personally appeared before me, the subscriber, a justice of the peace in the aforesaid county, and made oath that he was appointed a Lieutenant in the first Continental regiment of artillery, commanded by Colonel Charles Harrison, during the Revolutionary war between the American Colonies and Great Britain : That he joined the said regiment, and remained in actual service for several months before the invasion of the State of Virginia by Lord Cornwallis, being employed in transporting military stores, and various other services : That, after Cornwallis's inva-

sion, he shared in all the toils and hardships incident to a camp life, remaining constantly with the company of artillery to which he was attached, until a few weeks before the siege of York, when he was compelled by a severe spell of sickness, contracted by exposure, fatigue, and hard fare, to leave the army until his health was restored. He left camp with the leave, and by the advice of his commanding officer, Captain Coleman, (since dead,) though not without the deepest regret that the state of his health rendered it necessary at such a period, and without any intention whatever of resigning his commission, but with the most fixed determination to join the said regiment so soon as his health would permit, which the conclusion of the war, by the capitulation at Yorktown, rendered unnecessary : That, for his said services, the only compensation that he recollects to have received, was a warrant for two thousand six hundred and thirty-three acres and one-third of land, to which his rank in the army entitled him, and which he afterwards obtained a patent for : but, having neglected to demand the commutation within the time limited by law, he was excluded, and has yet never obtained it. This, as well as the additional military land bounty, since given by Congress to the officers of the Revolution, he considers himself justly entitled to, as he considered himself (though not in actual service at the conclusion of the war, for the reason assigned) an officer, and liable, at any time, to be called into service. In corroboration of this statement, if any further evidence be necessary, this affiant further declares, that it will be found of record, at Richmond, that he received the above mentioned quantity of land for his services in the said regiment, which would not have been given to him had he not been considered justly entitled to it as an officer at the end of the war.
Given under my hand, this 20th day of January, 1818.
JNO. M. TYLER.
DEPARTMENT OF WAR,
Section of Bounty Lands, Dec. 7, 1824.
I hereby certify that the above and within are true copies of the originals, on file in this office.
WM. M. STUART, Clerk.
I do certify that Edmund Brooke had an appointment in Colonel Harrison's regiment of artillery, as a commissioned officer, either in 1800 or 1801. I, myself, served the last two campaigns, during the war to the South : therefore, cannot, with certainty say, he, the said Brooke, served during the war ; but have generally understood he did. As for the three gentlemen mentioned in H. B. Brooke's certificate, Coleman, Bohannan, and Miller, were officers in the above mentioned regiment, and are all dead.
Given under my hand, this 14th day of January, 1802.
F. BOOKER,
Formerly an officer in Harrison's Reg. Art.

Essex County, to wit :
The above certificate was sworn to, before me, this 15th of December.
H. B. BROOKE.
J. Taliaferro's Certificate.
I do hereby certify that Edmund Brooke was a Lieutenant in the Army of the Revolution, attached to the Continental regiment commanded by Col. Charles Harrison : That, not long before the invasion of Virginia by the British army commanded by Cornwallis, the companies composing the regiment aforesaid were consolidated into two full companies, marched to South Carolina, and merged in the army then commanded by General Nathaniel Greene : That Captains Whitehead, Coleman, Thomas Dix, William Miller, Ambrose Bohannon, Lieutenant Edmund Brooke, and all the other officers of Harrison's regiment, except those who marched to the South with the two companies aforesaid, remained in Virginia, and took command of certain quotas of militia drafted to fill up the ranks in said regiment : That this formed part of the force which resisted the invasion of Virginia by Cornwallis, and which aided in his capture at York : That, immediately after that decisive event, the services of this, and all the corps of militia, not being required, they were, in order to save expense, sent home, there to remain till called for to meet any other movement of the enemy. No such occasion occurred, and, of course, no call was made. The officers aforesaid, being, in the manner aforesaid, left without actual command, or service to render, still, however, held themselves ready to obey any call which might be made on them. They held their commissions ; they neither resigned, nor were they dismissed the service, declared supernumerary, or in any other manner disqualified to act, should occasion require them. The officers abovenamed received every emolument and bounty promised to such officers as should continue in the service to the end of the war, either by Congress or by the State of Virginia, except Edmund Brooke, who has not received his commutation. I was present, in the year 1784, when the friend of Edmund Brooke (John T. Brooke, who also was a Lieutenant in Harrison's regiment,) applied to Andrew Dunscomb, Continental Army Agent, for the commutation certificate of Edmund Brooke. The name of Edmund Brooke was in the list of officers entitled to commutation filed in Dunscomb's office, and the certificate was made out ; but Dunscomb declined to deliver it, because the name of Edmund Brooke did not appear on the last muster rolls of Harrison's regiment, as reported by the Paymaster. Edmund Brooke was taken sick a very short time before the siege of York, and went home on furlough ; continued ill for some weeks, and never after received an order to take command, though he held himself ready to do so, if required.

The foregoing facts and circumstances are unquestionably correct. As respects the authority of muster and pay rolls of that day, it has, on many occasions, been my duty to look into that matter, as it related to the pledges of Virginia to her officers and soldiers on State and on Continental establishment, and I have hardly ever seen such imperfect documents, especially those made out towards the close of the war. To make that the conclusive evidence in all cases, as to service, many meritorious officers and soldiers would have gone unrewarded.
Done and subscribed by me, the 16th day of March, 1826.
JOHN TALIAFERRO.
The Honorable PETER LITTLE, Chairman of the Committee of Revolutionary Claims.
Certificate of E. Brooke's continuance in the Army.
I do hereby certify that Edmund Brooke was a lieutenant in the first regiment of artillery, on Continental establishment, and that he was in actual service in March, 1781, upon an expedition against Portsmouth, (Virginia,) then occupied by the British troops. That, after that, he was with the Marquis de Lafayette's army, until some time in July, when I was ordered to join the Southern army. That he was always considered by the officers of that regiment as one of many belonging to the regiment, and not in actual service in the want of men; the regiment being reduced to two companies.
JOHN T. BROOKE.
Letter of Third Auditor.
TREASURY DEPARTMENT,
Third Auditor's Office, 8th February, 1828.
SIR : I have the honor to acknowledge the receipt of your letter of the 6th instant, and, in reply to the inquiries therein made, to state, that it appears, from the records in this office, that all the officers named by you, with the exception of Lieutenant Edmund Brooke, have received their pay and commutation in full, as officers serving to the end of the war; that Lieutenant Brooke is not to be found on any record in this office, as having served to the end of the war, or as having received any pay or commutation.
In my former communications to the Committee, of the 1st and 10th January, 1825, I have endeavored to shew the difference of circumstances, so far as the records and the information before me would

enable me to do. between the officers who served to the end of the war and Lieutenant Brooke ; to which I beg leave respectfully to refer the Committee.
With great respect,
Your obedient servant,
PETER HAGNER, Auditor.
The Honorable GEO. WOLF,
Chairman of the Committee on Revolutionary Claims, H. R.
Upon an examination of a memorandum book, in my office, I find the name of Edmund Brooke entered thereon as a Lieutenant of artillery, but no such name appears in the official return made to me by the Paymaster of the regiment, commanded by Colonel Charles Harrison. This last was the evidence by which the accounts of that regiment were settled ; the same being founded upon the last musters that were made, and the best information that could be then had upon the subject.
I am induced to believe, that application was made to me for a settlement of E. Brooke's account, but the above deficiency operated against the same.
AW. DUNSCOMB,
Late Asst. Comm'r Army Acc't Virginia.
Nov. 22, 1796.
From an examination of the books in the office of the Auditor for the State of Virginia, it appears that Colonel Duval settled the account of Edmund Brooke, as a Lieutenant of artillery, on the 5th day of March, 1784. It is therefore probable, that at that, or no distant period, application was made at my office for a further settlement of the claim of the said Brooke. My office as Asst. Comm'r of Army Accounts, continued until the 1st of November, 1785, previous to which, I am satisfied, the said application was made, but whether more than once, I cannot say : the reasons for refusing a settlement have been before given.
A. DUNSCOMB.
Late Asst. Comm'r Army Acct's, Virginia.
RICHMOND, 17th March, 1798.
WAR DEPARTMENT,
Pension Office, 14th January, 1826.
I do hereby certify that it appears from a list, in this office, of those officers and soldiers of the Virginia line of Continental troops, during the Revolutionary war, who received certificates for one and

Edmund Brooke Com. Whole House
two years advanced pay, agreeably to an act of Assembly, passed November session, 1781, that Edmund Brooke's name stands upon the said list, as Lieutenant of artillery, who was entitled to £126 14, which, it appears from the said list, was received by Colonel Duval, on the 5th of March, 1784. There are no muster rolls of the Virginia line in this office.
J. L. EDWARDS.
Be it remembered, that James Lewis Edwards, who has signed the foregoing certificate, is charged with the general superintendence of the pension business in the Department of War, and with the safe-keeping of the rolls, books, papers, and documents, on file in said Department, in relation to said business; and that to his attestations full faith and credit are, and ought to be given.
In testimony whereof, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this fourteenth day of January, in the year of our Lord one thousand eight hundred and twenty-six.
JAMES BARBOUR, Secretary of War.
Will Mr. J. L. Edwards say, whether the files of his office contains any muster roll, or rolls, of Colonel Charles Harrison's regiment, or of any portion of that regiment?
In answer to the above inquiry, I have to state, that there are no muster rolls, or any other rolls, of Colonel Harrison's regiment in the Pension Office; nor are there any rolls of the Virginia Continental line in said office, except the lists alluded to in my certificate on the preceding page.
J. L. EDWARDS.
MARCH 16, 1826.
No. 1097.—Pursuant to an act of Congress, authorizing the Secretary of War to issue land warrants, and for other purposes, passed the 15th day of April, 1806. Edmund Brooke, who was a Lieutenant in the Virginia line, is entitled to two hundred acres of land, to be located, agreeably to said act, on any unlocated parts of the fifty quarter townships, and the fractional quarter townships, reserved by law for original holders of military warrants.
Given at the War Office, this seventh day of December, in the year of our Lord one thousand eight hundred and twenty-four.
J. C. CALHOUN, Secretary of War.
Registered, WM. M. STEWART, Clerk.
I hereby certify, that the above is a copy of the original delivered to Mr. Brooke.
WM. M. STEWART.

TO ALL TO WHOM THESE PRESENTS SHALL COME, Greeting:
I CERTIFY, That Edward S. Lewis, whose name is subscribed to the annexed Affidavit, was, at the time of subscribing and now is, a Justice of the peace for Washington County, in the District of Columbia, duly appointed and commissioned, and that full faith is due to all his Acts as such.
In testimony whereof, I, Henry Clay Secretary of State of the United States, have hereunto subscribed my name, and caused the Seal of the Department of State to be affixed.
Done at the City of Washington, this third day of July A. D. 1828 and of the Independence of the United States of America the fifty second.
H. Clay

I do hereby certify that I have been acquainted with Edmund Brooke for a great many years and always understood and believed that he retained his commission in the Revolutio- nary army and was in service at the End of the War: and I have never heard any thing to the contrary.
Given under my hand this 23 d June 1828. Philip Stuart
District of Columbia, Washington Co: ss:
Personally came and appeared before me the Subscriber, a Justice of the peace in & for the District & County aforesaid, Lieut. Philip Stuart, above named, who being duly sworn according to Law, did declare the above Certificate by him subscribed, to be just and true. — Given under my hand & seal this 30 th day of June A.D. 1828.
Col. J. S. Lewis, J. P. (Child)

Washington County District of Columbia, ss
3
[Faint, mirrored bleed-through text from the reverse side of the page]

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
I CERTIFY, That Richard Johnson , whose name is subscribed to the annexed affidavit, was, at the time of subscribing, and now is, a Justice of the Peace for Washington County, District of Columbia, duly appointed and commissioned, and that full faith is due to all his acts as such.
IN TESTIMONY WHEREOF, I Henry Clay Secretary of State of the United States, have hereunto subscribed my name, and caused the Seal of the Department of State to be affixed.
Done at the City of Washington, this sixteenth day of July — A. D. 1828, and of the Independence of the United States of America the fifty third .
H. Clay

July 15 th 1828
I do hereby certify, that I was well acquainted with Lieut s Edmund Brooke in the early part of his life, as well as with Lieut s John and Francis Brooke, who I understood were appointed with Edmund Brooke in Harrison's Reg t of Artillery in the Revolutionary War.
I have always understood Lieut s E. Brooke as having served to the end of the War. Some of the Officers, who also belonged to that Reg t . Brig d Dyer & Miller, lived in the same County with Lieut s Edmund Brooke (the County of Essex Virginia). Miller I knew intimately, living at no great distance from him, & if Lieut s E. Brooke had resigned his Commission, or left the Army with intent not to return, I think I should have known it, I never heard it suggested that Lieut s E. Brooke meant to leave the Army before the conclusion of the War.
Thomas R. Miller

District of Columbia } Washington County viz }
Thomas R. Miller personally appeared before me the subscriber a Justice of the peace in the said County and made oath that the matters and things contained in the annexed Certificate signed by him are true. Given under my hand this 11 th day of July 1828.
R. Johnson J.P.

The affidavit of James G. Taliaferro Bur aged sixty one last April. This affiant being first duly sworn, saith that he was well acquainted with Edmund Brooke before & during the war of the revolution, that he well recollects his entering the Army on or about the year 1781 as Lieutenant; he always understood that Mr E. Brooke had entered on the Continen- tal establishment - affiant recollects his having served under the Marquis La Fayette & believes that he contin- ued a Lieutenant to the end of the war, & would have been at the siege of York, but was prevented by sickness - Affiant does not remember the Regiment in which Edmund Brooke served, but has been informed it was in Col: Harrison's but this is not of his own knowledge - Signed,
Ja. G. Taliaferro Sw.
June 27 th 1828
State of Virginia George County ss
The above subscribed & sworn to before me a Justice of the Peace for the County afore- said - Given under my hand the 28 th day of June 1828
John Taliaferro

State of Virginia
King George County ss.
I John H. Smith clerk of the county court aforesaid in the state aforesaid, do hereby certify that John Taliaferro whose name appears to the foregoing certificate, is now and was at the time of subscribing the same, an acting Justice of the Peace in and for the county and state aforesaid, duly commissioned and qualified, and that due faith and credit are due and ought to be given to all his acts and doings as such as well within as without the state aforesaid.
In testimony whereof I have hereunto set my hand and caused the Public Seal of my office to be affixed this 29 th day of June 1828. in the 52 nd year of our foundation.
J. H. Smith
King George County ss.
I John Taliaferro, Presiding Justice of the Court of the County aforesaid, do certify that J. H. Smith, whose name is subscribed to the above certificate, is the Clerk of the said Court - given under my hand & seal the 2 nd day of July 1828.
John Taliaferro

2-9 18 I do hereby certify that Edmund Brooke received an appointment in the late Revolutionary War with Great Britain, as first Lieutenant, in the first Continental Regiment of Artillery commanded by Col l Charles Harrison, into which service he immediately entered upon receiving the appointment and continued in constant service many months before Cornwallis's Invasion of the State of Virginia. — During this Invasion, the said Edm d Brooke served unremittingly until a week or two before the siege of York, when having contracted a severe illness in consequence of his being exposed, he returned home and remained too ill to return till after the Capitulation. — The Capt l and Capt l Lieutenant to whose Company the said Brooke belonged, and by whom the above facts could have been fully established were both Residents of my neighbourhood and are both dead. —
Given under my hand this

14 th day of Decem r . 1802.
H B Brooke.
Essex County viz.
Humphrey B. Brooke personally appeared before me James Hunter a Magistrate in the s d County and made oath to the Truth of the above Certificate. Given under my hand this 13 th day of Decem r . 1802.
James Hunter
Essex County viz.
Thomas Dix personally appeared before me, Humphrey B. Brooke, one of the Commonwealth Justices of the Peace for the said County and made oath that he had a Captain's Col l Command in the Reg t commanded by Col l Charles Harrison in the last war, and was in service at the time mentioned in the Certificate hereunto annexed, at which time Col l Brooke was a Lieu

financy in the said Reg t in a company commanded by Capt t Whitehead Coleman since dead, and that the facts contained in the Certificate of Hum b B. Brooke with respect to the s d E. Brooke's service and indispo- sition at the time spoken of in the said Certificate is true. —
Given under my hand this 15 th day of Decem r . 1802.
H B Brooke.
Essex County to wit,
William Waring of the said County personally appeared before me Humphrey B. Brooke one of the Commonwealth's Justices of the Peace in the s d County and made oath that in the campaign of sixteen  year hundred and one  eighty during Cornwallis's Invasion of the State of Virginia he commanded a Company of Militia from the County of Essex, and was frequently in Company with Edmund Brooke who at that time and for many months before was first Lieutenant in a Regiment of Artillery commanded by Col l Charles Harrison and in a Company of the s d Reg t commanded by Capt t Whitehead Coleman of the aforesaid County since dead. — That the s d Edmund Brooke remained

with the said Company till within a short time of the siege of York when he left camp with the said affiant being at the time much indisposed in consequence of his suffering a good deal of hardship and being much exposed to which he (the affiant) was a witness. — That the said Edmund Brooke had a severe illness upon his return home which was of some continuance. —
The 3 d affiant states that he was very intimate with the said Edmund Brooke and never understood from him that he intended to resign when he quit the camp; and that Capt. Coleman and Capt. Lieutenant Miller, to whose Company he the 3 d Brooke belonged as well as Capt. Ambrose Bohannon of the same County and Regiment are all since dead. — Given under my hand this 16 th of Dec r . 1802.
E. B. Brooke.
Efsex Office, Dec r 16 th 1802.
I John P. Lee clerk of the county court of Efsex do certify that, H. B. Brooke, and James Hunter esq rs whose hands is affixed to the foregoing certificates, are both Magistrates of the county of Efsex & that due faith & credit ought to be paid to all their acts & deeds as such. — In testimony whereof I have hereunto set my hand & caused the seal of my office to be hereunto affixed this day & year above mentioned & of our dispensation the 2 nd of the
John P. Lee C. S. C.

Being requested by Mr. E. Brooke to state what I know of his services as a Lieutenant in Harrison's (Virginia) Regiment of Continental Artillery, I certify that I served with him in a company of that regiment attached to the Army commanded by Genl. Lafayette in Virginia in the year 1781, until some time after the battle of Green Spring near James Town when I was ordered with our company of artillery consisting of all the men enlisted for the war to join Genl. Greenes army in the South and left Lieut. Brooke in the army of Genl. Lafayette with a company of artillery composed of men of shorter enlistment, and of some drafted militia — After that period I know nothing of Lieut. Brookes services, as I continued in the southern army until the end of the war though I know that he was considered in office in the regiment to that period, among many others of the Regiment who were on furlough at home, there being no troops belonging to the regiment to command, except the remaining company in the South to which I belonged and which was fully officered — Francis Brooke
Corporation of Fredericksburg town
I do hereby certify that Lieut. T. Brooke has solemnly appeared before me this day and made oath that the matters & things contained in the above certificate are true to the best of his knowledge & belief. Given under my hand this 24th Day of June 1828
Wm Allen J.P.

Virginia: Corporation of Fredericksburg to wit.
I, John James Chew, Clerk of the Hustings Court of Fredericksburg do hereby certify that William Allen, Esquire, whose hand & seal are affixed to the foregoing certificate is a magistrate in & for the town & Corporation of Fredericksburg & that due faith and credit ought to be paid to all his acts and deeds as such. Certified under my hand & seal of office this 25th day of June, 1828.
J. J. Chew. C.C.H.T.

My Dear Sir
Recd June 25 1828
I trust you have my affec- -tion to the best of my recollection of facts of my old estate of the Paulay will be Patent for the Boundary contained do not perceive how it is possible to resist your claim Yours affecly Thomas Brooke

June 3 d . 1828.
Sir,
I herewith transmit to you a declaration accompanied by sundry documents, in support of my claim to the benefit of the Law passed at the late Session of Congress, providing for the relief of the surviving Officers and Soldiers of the Revolution. — This Law, authorising a payment to such of the surviving Officers, as were entitled to half pay, under the Resolve of October 21 st 1780, I presume that the evidence exhibited in this case, to show that fact, will be deemed sufficiently satisfactory.
I am aware that the only point which can present any difficulty in this case, is the want of a Commutation Certificate, which I never received. It will nevertheless be shown by the testimony, that I come strictly within the provision of this Law, by being entitled to it — This appears to have been the opinion of a respectable Committee of Congress, who have had the case under their consideration, and whose Report is herewith enclosed for your inspection.
I have the honor to be, Very respectfully,
Hon: Richard Rush. Secretary of the Treasury.
Your ob t : Serv t . E. Brooke.

The following List will show the names of all the Officers of the Virginia Line, on Continental establishment, belonging to the 1st Regiment of Artillery, commanded by Col. Charles Harrison. in which List, such of the said Officers as were detailed to the Southern Army, are particularly noted, as merged in the Maryland Line; and such as are not thus noted remained in the State of Virginia viz:
B. Brooke Francis Lieut: merged in the Mar d Line Brooke John do do do do Booker Lewis Cap t do do do Bohannon Ambrose Cap t (Commutation certificate issued) Burwell Nathaniel Cap t Brooke Edmund Lieut:
C. Coleman Whitehead Cap t Coleman Samuel Lieut: merged in the Maryland Line Christie Thomas Surgeon do do do Claiborne Richard, Carrington Edward Lieut: Col s Carter John Cap t : Carter Thomas Surgeon's Mate
D. Denny Samuel Cap t : Dowell W m Lieut: Dix Thomas Cap t : (Commutation certificate issued) Dantridge John Rob t Lieut: Danziger John do Drew, Lieut: merged in Maryland Line Eddins Samuel Cap t :

 G. Grazier Wm. Capt. Lieut. Gilin Thomas Lieut. merged in the Maryland line  G. Gaines Wm. Fleming Capt. Lieut. H. Harrison Charles, Col. merged in Maryland line Heath Henry Capt. Holmer Christian Maj  L. Langhorn Elias Lieut. merged in Maryland line  M. Mosely Benjamin Lieut. Meredith William Capt. Miller Wm. Capt.  P. Peirce Wm. Capt. Poythress Wm. Capt. Lieut. Poyer John Capt. Lieut. Pendleton James Capt.  R. Ragdale Leroy Capt. merged in the Mar. line.  S. Singleton Anthony Capt. merged in Mar. line  another list Southall Stephen, Capt. Lieut. do. do. do.  W. Wales Richard, Capt. Lieut. Wallace William Lieut. Whiteaker Wm. Lieut. merged in Mar. line 

There being no Muster Roll of the Virginia Line, these extracts are made from different Registres in the War Dept, shewing the Officers names who received one and two years space pay ad- vanced special pay, agreeably to an act of the Vir: Assembly passed Nov: Session 1781. And from a Register kept by the 9 th Penn t of Army Accounts, for the State of Maryland.
E. Brooke Clerk in the Pension Office War Dept.
enacted

John Taliaferro respectfully asks that the Register will have the within list of officers examined, & that he will certify how many of those not designated as merged in the Maryland Line, have received their commutation certificates. Most respectfully
John Taliaferro M.C.
Hon. Mr. Rouse Register of The Treasury-

copy from Book containing List of certificates for commutation to officers of the Revolutionary Army —
Ms. A. 9. 2. 20. 5
  244 L O. 91. 16  Tho s Dix  Jan 1 1783  300. "     45 P  D c  Mar 22 1783  1.000. "     46 R  D c  D c  1.000  2.300. —    87. 654 B  W m Miller  Jan 1 1783  300     55 C  D c  March 22  1.000     56 H  D c  D c  1.000  2.300. ..    66 B  Ambrose Bohannon  Jan 1  567.37     67 C 20. 47. 28  D c  Nov 15  33.30     68 H  D c  D c  183.30     69 I 3675  D c  D c 1783  2.000. "  2.784.07  
Treasury Dept t . Regiment Office
Certified to be a true copy 21 st January 1826 M rs Mary Northrop Regt
This List, as shown contains the names

My Dear Sir,
G. Town Thursday Morn s
My indisposition being much increased, and being unable to turn out to day, I herewith enclose a Copy of a Certificate of the Register of the Land Office in Virginia, which I found among some of my old papers, accompanied with a Certificate of Thomas Meriwether, Esq r who was probably the Secretary to the Governor and Council of that State, by which it will appear that I was considered by them entitled to a Lieutenant's proportion of Land for service to the end of the war. — Will you do me the favor to hand this paper to Mr. Dickinson early this morning.
I think Mr. Dickinson's stated yesterday that there would be no difficulty in the case, if the claim to commutation had not been rejected by Congress. I cannot see that the claim before Congress has any thing to do with the case before him, which is claim to an additional reward to Officers who served to the end of the war. Whether the Officer was actively engaged, or subject to Military Orders is the same thing. — If Mr. Dickinson is satisfied of this fact from the testimony before him, it is sufficient to justify him in allowing the claim.
The act of the 15 th May 1828, gives this additional compensation to all such officers as are entitled under the Resolves of Congress of 21. Oct r . 1780. In construing this Law, we are to consider the motive which actuated

Congress in making this Offer - It was, to induce Officers to continue in the Army and others to join it. It was in the nature of a Compact between the Government and the Officer, by which the Officer was to be entitled, in case he should serve to the end of the War. In my case, there is a difficulty about service - Whether mine was service according to the plain and obvious construction of the law is referred to the candid and judicious. - I hold it to be an established principle in the construction of Contracts, as well between Individuals, as between the Government and Individuals, founded in reason and common sense, that where one party hindereth another from performing a duty, by which he would earn a reward, the hindrance is in fault of the party willing to perform; from which fault he who practices it ought not to derive benefit, nor ought the other to lose that to which he would otherwise have been entitled - There being no service or command for me after the surrender of Cornwallis was not my fault - I was ready - and I have proved that those who received their Commutation Certificates are in the same situation with myself - I mean those Officers who are with the Virginia Division of the Army.
The case before Congress unfortunately has never been attended to. I do not believe that it was ever advocated but once, and then a favorable report was made. I was told by Mr. Tuliaquin that he understood from one of the Committee who made the last report that their opinion was founded on the shortness

of service Now, Sir, can any thing be more erroneous than such an opinion? The duration of the war was an event un- known to any man, and the Officer who joined the Army under this plea that if the War had ended the day after his ap- pointment would have been as much entitled as him who fought in every battle, from that of Lexington to the siege of York Town.
I feel too weak to say any thing more to you, than to beg you will hand the Certificate to Mr. Dickinson immedi- ately, and if you can say any thing to me about it that will have a reviving effect, I should be glad to hear from you.
Your friend.
E. Pownall

To The Honable
The Secretary of the Treasury -
Washington July 15. th 1828
Sir,
I do myself the honor to lay before you the claim of Edmund Brook Esq., for his pay as one of the surviving Officers of the Army of the Revolution in the Continental Line, under the late act of Congress passed on the 15. th of May 1828.
The papers and documents which accompany this claim shew, That Edmund Brook was appointed in the month of February 1781 a said Lieutenant in the first Regiment of Virginia Artillery on the Continental establishment - That he immediately repaired to his Regiment then commanded by Col. Charles Harrison, and remained with his Regiment until just previous to the siege of York, when being extremely ill, he was obliged to ask a furlough for a few weeks and left the Regiment under this furlough, and remained under this furlough unable to perform his duty until after the siege of York, and when he recovered, his Regiment had been disbanded, and his services like those of the other officers of the Regiment were not required -
It will be seen that this Regiment commanded by Col. o Harrison, not long before the invasion of Virginia by the British Army commanded by Cornwallis, had been consolidated into two full companies, and were marched to South Carolina, and were merged into Genl. Greene's Army - That all the officers of this Regiment except those who marched to the South, remained in Virginia and took command of certain quotas of Militia which had been drafted to fill up the ranks in this regiment, and that this said part of the force which aided in the capture of Cornwallis at York.
Immediatly

Immediately after this decisive event the services of this and all the corps of militia not being required, they were in order to save expense, sent home, there to remain till called for, but that they never were called for - Holding themselves ready to perform their duty, and not having been required to do so, they were considered as having served to the end of the war, and received every emolument and bounty to which officers were entitled who had served to the end of the war -
Lieutenant Brook having been absent upon furlough as before stated, his name by some mistake or error was left off the pay list of the Regiment, and altho' he had never resigned his commission or was ever discharged, but continued an officer in the Regiment and held himself bound to the performance of Military duty, a distinction was made between him and the other officers of his Regiment, principally upon the ground that he did not appear upon this pay roll to have served to the end of the war - The State of Virginia however being satisfied of his the justice of his claim gave him that portion of his pay which had been promised to its officers in the Continental line, as also the bounty in Cash which was allowed to a first Lieutenant who had served to the end of the war. It will be seen by the Certificate of the officers & soldiers of this Regiment of Mr. Dunscomb that the pay and Commutation, were all settled by the pay roll which was made out from the last muster of the Regiment, and the name of Lieutenant Brook not being found upon that roll, and no record evidence having been filed in the War department to show that he had served to the end of the war, it was supposed that his pay and Commutation ought not to be allowed and

in consequence of it, Lieutenant Brooke was compelled to make his application to Congress, and for many years past he has been pressing this claim and is still pursuing it, and as he believes with good hope of success. I would beg leave to refer to a report of one of the Committees of Congress upon this claim herewith exhibited and which was made at on the 19. th of May 1826.
The law lately passed in favor of the surviving Officers and Soldiers of the army was intended as an additional relief to those Officers and Soldiers, and is not in any manner dependent upon the claim for pay and commutation, and as the Secretary of the Treasury has been required to make this payment upon satisfactory evidence of the claimants having served to the end of the war, the question would be, whether any evidence short of the pay roll, would be sufficient to establish the claim -
The pay roll might perhaps be considered the best evidence of the pay, but certainly not the only evidence which might be deemed satisfactory - There is no law which requires that the pay roll should be the only evidence of the fact of service, and it would be very unreasonable to suppose that if the name of an Officer should by mistake or design have been omitted upon this roll just previous to the close of the war, that such omission against the known and established part of service should be considered conclusive against the claim - In the case of Lieutenant Brooke there is no doubt as to the facts - They are proved beyond a question - It is perfectly clear that he was an officer in the Continental line - That he never resigned

nor was he ever discharged from service - That he held himself ready to perform his duty as an officer to serve to the end of the war , and that in consequence of the disbanding of his Regiment, and his services as an officer not being wanted he was not required to perform any further military duty. These are the unquestioned facts of the case, and I am not able to perceive any substantial difference between this case, and that of the other officers of the Regiment - It is true that Lieutenant Brooke at the time of the siege of York was sick and absent upon a furlough. The other officers of this Regiment were so fortunate as to be well and present at this siege, I see no other difference in their cases, and certainly this furnishes no ground of difference discrimination in their pay and commutation.
The claim now made upon the Secretary of the Treasury is for the relief afforded to the officers and soldiers who served to the end of the war - If "serving to the end of the war" does not necessarily imply active employment, it would seem perfectly clear that Lieutenant Brooke was entitled to the benefit of the late law, and I should humbly conceive that there can be no doubt, but that an officer in the Army, ready to perform his military duty was just as much entitled to his pay and emoluments, as the one who who was actively engaged in the service -
It will be seen that the certificates and documents which accompany this claim are of the most respectable and satisfactory character - They leave no doubt of the facts of the case and the opinions of the gentlemen cannot fail to have their due weight - I am with great respect Your Ob. Servt. Thos. Swann

My Dear Sir
And Office Richmond 26 June 1828
I have duly received your's of the 22 d inst and hasten to answer it.
The only evidence which this office will furnish of your revolutionary services is that which you have already obtained in of the Certificate for advanced pay. The Pay Rolls are not now in existence here. It has always been understood that they were long since forwarded to Washington City in support of the state accounts against the General Government, and that they were destroyed in the conflagration of the War Office about the year 1800.
It would give me much pleasure to aid you in your application under the late act of Congress and I cherish the hope that you will be successful.
With respectful and friendly recollections, I am Dear Sir Yours, &c.
J. H. Heath

There appears to be but one point made in this case, and that is - the want of evidence that I was in service at the end of the Revolutionary War. The only proof to the contrary is - the presumption arising from the circumstance of my not having received a Commutation Certificate, in consequence of my name not appearing on the last pay Roll of the Company to which I was attached.
The Law of the 15 th of May 1828, providing for the surviving Officers and Soldiers of the Revolution, gives to such as now served to the end of the War, the full pay to which they were entitled under the Resolves of Congress of Oct. 1780. The Law, to which the late law has reference, does not prescribe the particular kind of evidence that it shall be necessary to exhibit, to establish the fact of service to the end of the War, but in general terms, limits the provision to such Officers and Soldiers as served to the end of the War - This being the state of the case before us - it remains to decide, what shall be considered satisfactory evidence of the fact, of serving to the end of the war: - If having received a Commutation Certificate alone was to be made the sine qua non , it would operate to the exclusion of all who could not produce such proof: but this species of proof not being made indispensable by the late Law , it would be a departure from all the rules of judicial proceedings in

all the Tribunals of the World, to confine the applicant in this case, to the Commutation Certificate, when the most conclusive evidence is afforded from other sources equally entitled to credence. This principle would go to the exclusion of some of the most meritorious Officers of the Revolution; and is in direct opposition to the one expressly recognized by the Law of Congress, of the 18 th of March 1818, in regard to Revolutionary Pensioners — By this law, if the applicant's name does not appear on the Roll of the Army, he is to prove his service by the testimony of an Officer under whom he served — or by the testimony of  that of two Witnesses, certified to be credible by the Magistrate who may administer administer the oath to them — The same, or a greater latitude of construction is allowed under the present law which extends its provisions to all such, as shall produce to the Secretary of the Treasury "satisfactory evidence, that he is entitled to the same." If then, all other proof be not rejected, except that which is afforded by a commutation Certificate, how does this case stand? As Record is exhibited that E. Brooks was appointed a 1 st Lieut. in Harrison's Reg t of Artillery, and that he entered the service in Feb y 1780, and served till within a week of the Siege of York Town in the Army of LaFayette — That he was then compelled to leave the service, in consequence of ill health, by which he was confined many months after the Surrender of Cornwallis — That the Companies to which he was attached were composed of drafted Militia, who were all discharged after the Siege of York, which left

no command, or service for any of the officers of that Reg t which belonged to the Southern Division of the Army - The cause of his absence at that period is proved by the testimony of Capt. Dix with whom he served, and by the testimony of several respectable witnesses - A certificate is exhibited of a Record in the War Department, that the name of Edmund Brooks as 1 st Lieut. of Harrison's Artillery stands upon the List of the Officers who, by an Act of Assembly of Virginia, passed at Nov r Session, 1781, were entitled to and received certifi- cates for one and two years advanced pay - The same Department certifies that there are no Muster Rolls of the Virginia Line in that Dep t , except the said List, and a blended List List of the Maryland and Virginia Lines, in which the name of E. Brooks also is found. A Certifi- cate is also exhibited from the Register's Office in Virginia, stating that E. Brooks is entitled, and has received the proportion- portion of Land allowed a Lieut. of the Continental Line, who served to the End of the War - A similar Certificate is furnished by the Sec y of War, in regard to the Land Bounty allowed by Congress - And finally, a distinguished Officer of the same Reg t , who was appointed at the same time that E. Brooks was - who served with him and who is intimately acquainted with all the circumstances of Harrison's at that period Reg t , offers his evi- dence in corroboration of the statement contained in the Declaration filed in this Case.
Having proved that I was entitled to a Commu- tation Certificate, and having clearly shown why I did

not received it, I presume that the evidence offered to prove my service to the end of the War, will be deemed "satisfactory" and more particularly, as it is the highest evidence that the nature of the case admits of - A part of my Documents contain evidence of Record which may not be doubted, and such as is not furnished by Record testimony is amply supplied by the parol evidence of living witnesses perfectly disinterested and highly credible.
E. Brooke.
June 12 th 1828.
Hon: Secretary of the Treasury.
The foregoing argument is to taken as part of the case of E. Brooke, and to be filed with his papers.

Record Division.
March 14, 1910.
Mr. St. George T. Brooke, Charlestown, W. Va.
Sir:
In reply to your letter dated the 22" and received the 23" ultimo, herewith is enclosed the record of Edmund Brooke Revolutionary War pensioner, Sur. File No. 46,423.
For the records of soldiers of the War of 1812 and U. S. Army and Navy, it is suggested that you apply to the Adjutant General, U. S. A., as this Bureau furnishes records of pensioners only.
Very respectfully,
Commissioner.

STUDY OF THE HISTORY OF THE REIGN OF QUEEN VICTORIA BY HER MAJESTY'S COMMISSIONER
COL. J. S. HOLLAND, S.V.M. MARCH 29, 1865.

Charles Town W.Va. March 12. 1910.
Commissioner V. Warner, Department of the Interior, Bureau of Pensions, Washington, D.C.
Sir; About Feb. 21. 1910, I wrote to you, or to above
Department asking for information concerning Edmund Brooke who certainly was a Revolutionary officer, and one son, Robert Brooke, alleged to have rendered military service, especially at the Va. end of the Long Bridge in the War of 1812, and the sons of the said Robert Brooke,
Michael, Robert, and Francis---the latter in the U.S. Engineer Civil Service. perhaps in the army I have never received a reply. A correspondent sent me the
war record in the Revolutionary war of Humphrey Brooke and I have copied it into one of my articles in The Virginia Hist. Mag., Jan. 1910, p. 103. The aforesaid military record of Humphrey Brooke was upon the letter head paper of "Department of Interior, Bureau of Pensions, Washington D.C." Therefore I thought it right to write to that Department for the information which I needed for my articles. I have written several times to the War and Navy Departments and the Military Academy at West Point and the Naval Academy at Annapolis for information which I required to write my articles and always they have answered courteously and gave me valuable information which incorporated in my articles.
I wanted 1st the record of Edmund Brooke. Saffell in his Records of the Revolutionary War says that Edmund received a pension and a land warrant. 2nd is true that Robert Brooke did military service in the war in 1812. 3rd Is it true that Micheal and his brother Robert were in the army. If your Department is not the one that I ought to have applied to can not you, or your Department, forward this letter to the proper Department and to put throw it the waste basket. Very truly
H. Geo Brooke

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by Geo M. Moore
Claim No. March 5, 1910.
Certificate No. _____
Claimant _____
Soldier Edmund Brooke Jr.
Service _____ Rev
Additional Service _____
No. _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
No O.W. & H or R. as above except I.F. 46423. See B.L. 1097-200-Rev.

Charles Town, W. Va., Feb. 22. 1910
Department of the Interior, Bureau of Pensions, Washington, D.C.
Sir, - I have been
I have been writing historico-genealogy articles in the The Virginia Magazine ever since 1902. I have written several biographies and I found that family traditions are worthless. I am writing a biography of Edmund Brooke Sr. who was certainly commissioned a 2nd Lieutenant while 'a youth', in Col. Harrison's 1st Continental Regiment of artillery in 1781. That is not tradition. But can not you give me information upon the following points, viz; 1st. Can you give me war record of aforesaid of Edmund Brooke Sr. A correspondent says his grandfather, Robert Brooke , the 2nd son of the aforesaid of Edmund Brooke Sr. was an officer in a Va. troop of Horse & saw service about Washington D.C, particularly at the end the Long Bridge, when the British invaded & burnt the City in 1814 and is that true ; he received several Land Warrants during his after life'. 2nd. Is that true? Can you give me the official record? 3rd. It is said that Michel Brooke , son of the aforesaid Robert Brooke, 'was in the army great many years and died in the service' Is that true? Can you give me the official record? 4th. Another son of the aforesaid Robert Brooke was in the Navy for ye years died in the service on the Coast of Africa'. Is that true? Can give me official record? 5th. Another son of the aforesaid Robert Brooke, Francis Brooke was, connected with the Government Engineer service in laying the laying the water water works under Gen. Meigs here, after that

was detained to Central Park N.Y, died in the service there' is it true that he was in the U.S.Engineer service ?; if so when ?.  6th. I am told that one Edmund Brooke , a grand son, or great grandson, of the aforesaid Edmund Brooke Sr. was a Paymaster, with the rank of Major in the U.S. Army, 'some time ago'. I am told that he left a widow; out whether she is yet living, or if yet living where, I can not to locate her. Can you tell me whether was such a person a Paymaster with the rank of major, or any rank; if so , when and age.. I hereby acknowledge your courtesy in giving me formation in regards Edmund Brooke (3rd son of Edmund Brooke Sr.) and James Henry Brooke (4th son of the aforesaid Edmund Brooke Sr.) was killed mortally wounded in the battle Molino del Rey, Mexico. I am Very Truly
St. George Tucker Brooke
St. Geo. T. Brooke

1910, Mch. 14. History of St. George T. Brooke, F.W.
[3-230.] Cert.
Re-Issuer.
Plenty
No. 279
Surfile 46423.
Name: Edmund Brooke Rank: 1st Lieut Comp'y: of a Reg't: 7th Line
RATE PER MONTH, AND DATE OF COMMENCEMENT.
1st Issue. { _____ Comm'g _____ 2d Issue. { _____ Comm'g _____ 3d Issue. { _____ Comm'g _____
DATE OF CERTIFICATE, AND TO WHOM SENT.
1st Issue. { _____ Sent to _____ 2d Issue. { _____ Sent to _____ 3d Issue. { _____ Sent to _____
Allowed Oct 18 28
Act 14th July, 1867 Bk. G., Vol. _____, Page _____ Registering Clerk: _____
Disability. { _____

No of Mig Pay 279
7
REVOLUTIONARY CLAIMS.
Allowed? Oct 1828
TREASURY DEPARTMENT,
July 22 1828
Edmund Brooke, of Grafton, in the County of Delfit in the State of Columbia, has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such to the end of the war,
at which period he was a 1 st Lieutenant in artillery Col. Harrison's regiment of the Virginia line; and that he has not received commutation certificates for the five years full pay granted by the re- solve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, nothing. — dollars, paid to him by the agent in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary, A. Dickinson.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
July 23 d 1828
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to  in the  line, amounting to  2 dollars.
It further appears that  is now on the pension list of the  agency, and has been since the at the rate of  per month.
There is no record of the service of Edmund Brooke as a Lieutenant in Harrison's Artillery
No Record 228
John Hagan V.A.D.
Nov 12/28

I hereby certify that it appears from the Master  of Roll of the Virginia line of Continental troops in this office that the following names of the following named officers officers recd from the State of Virginia agreeably to an act of As- sembly passed November Session 1781, the sums set opposite their respective names viz:    Thomas Dix, Capt Lnt Arty  recd 5 Feb 1782  £ 324. 0. 0    do do  " 27 Feb 1783  " 259. 0. 6    W m Miller, Capt Lnt Arty  " 23 May 1782  " 324. 0. 0    Do Do  " 27 May Feb 1783  " 212. 16. 5    Ambrn Bohannan, Capt Arty  " 5 Feb 1782  " 324. 0. 0    Do Do  " 17 Feb 1783  " 904. 13. 0  

War Department—
Pension office
June 2 d . 1828
I do hereby certify that it appears from a list, in this office, of those officers and soldiers of the Virginia line of Continental troops, during the Revolutionary War, who received certificates for one and two years advanced pay, agreeably to an act of Assembly, passed November session 1781, that Edmund Brooks name stands upon the said list, as Lieutenant of Artillery, who was entitled to £126.14. which, it appears from the said list, was received by Colonel Duval, on the 5 th March, 1784. There are no muster rolls of the Virginia line in this office.
J. L. Edwards
Be it remembered, that James Lewis Edwards, who has signed the foregoing certificate, is charged with the general superintendence of pension business in the Department of War, and with the safe keeping of the rolls, books, papers, and documents, on file in said Department, in relation to said business; and that to his attestation full faith and credit are and ought to be given.
In.

In testimony whereof. I have hereunto subscribed my name, and caused the seal of the Department to be affixed on this second day of June in the year of our Lord, one thousand eight hundred and twenty eight.
Sam l . Southard acting Secretary of War.

TO ALL TO WHOM THESE PRESENTS SHALL COME, Greeting:
I CERTIFY, That Enoch Reynolds , whose name is subscribed to the annexed Instrument of writing, was, at the time of subscribing, and now is, a Justice of the peace for Washington County District of Columbia, duly appointed and commissioned, and that full faith is due to all his acts as such
In testimony whereof, I, Henry Clay Secretary of State of the United States, have hereunto subscribed my name, and caused the Seal of the Department of State to be affixed.
Done at the City of Washington, this third day of June . . . . . A. D. 1828 and of the Independence of the United States of America the fifty second . —
H. Clay