Revolutionary War Pension and Bounty Land Warrant Application File S. 5296, Thomas Brooks, Va.

SERVICE
Pa
Brooks, Thomas
NUMBER _____
L. 5296
CONTENTS

Virginia 12486. 8
Thomas Brooks
of Goochland in the State of Virginia who was a private in the Company commanded by Captain Chew — of the Regt. commanded by Col. — in the Virginia line for 2 years —
Inscribed on the Roll of Virginia at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 d day of May '33. Goochland and sent William Miller Clerk. (clerk)
Arrears to the 4th of March 1833 — 1 60 Semi-ant. allowance ending 4 Sept. — 40
$ 2 00 —
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by William Miller Clerk Book E o Vol. 6 Page 2.

(x d)
Thomas Brooks's (Declaration)

Virginia;
In Goochland County Court 21 st August 1829.
County of Goochland So.
On this 21 st day of August 1829, personally appeared in Open Court being a Court of record, created by the Laws of the State of Virginia, for the County aforesaid, Thomas Brooks resident in said County, aged eighty five years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the 18 th March 1818, and the 1 st of May 1820, that he the said Thomas Brooks enlisted for the term of three years on the _____ day of _____ in the year _____ in the State of Virginia, in the Company commanded by Captain Chew in the regiment commanded by General Stephens in the line of the State of Virginia on the Continental establishment, that he does not now recollect the time he enlisted, that he continued to serve in the said Corps until _____ when he was discharged from the service in the Town of Fredericksburg in the State of Virginia, that he hereby relinquishes every claim whatever to a pension, except the present, that his name is not on the roll of any State except Virginia, and that the following are the reasons for not making earlier application for a pension, that he was in a situation that he was unable to support himself without the charity of his Country, and in pursuance of the act of the 1 st May 1820, I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818, and that I have not since that time by gift, sale or in any manner disposed of any property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War" passed on the 18 th day of March 1818 and that I have not, nor has any person in trust for me any property or securities, contracts or debts due to me, nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed, to wit:    One horse worth about  $10: 00    Three cows and two calves worth about  15: 00    Two Sows and nine pigs worth about  10: 00    Two Beds & other household & kitchen furniture worth about.  50: 00     $95: 00  
Thomas Brooks
My occupation or trade was that of a Carpenter for many years.

and for many years back that of a farmer, but I am not now able to pursue either, I have no family residing with me at this time, except my wife, who has not been able to walk for about five years & who is also very old, and incapable of contributing to her support.
That since the 18 th of March 1818, the following changes have been made in my property then in my possession, and not now owned by me, of which that disposed of by sale is in the following columns:
   Description of property Names of the persons to whom disposed of Time of sale Amount of money or Description of property received or released     Two negro boys named Albert & Lewis together with every other species of property Fielding Brooks By Bill of sale dated 23 rd May 1825 & recorded in Goochland County Court $400 and the further consideration of said Fielding Brooks taking care of said Thomas Brooks & his wife Lucy during their natural lives   A negro man named Henry James Brooks son of Thomas Brooks By Bill of sale dated 1 st October 1827 & recorded in Goochland County Court $1 and the further consideration of natural love and affection  
Sworn to and declared on the 21 st day of August 1829, before the aforesaid Court of Goochland County, which is a Court of record created by the laws of the state of Virginia.
I William Miller Clerk of the Court of the County of Goochland in the state of Virginia, do hereby certify that it appears to the satisfaction of the Court that the said Thomas Brooks did serve in the Revolutionary War, as stated in the preceding declaration against the common enemy for the term of nine months under one engagement on the Continental establishment, I also certify that the foregoing oath and the schedule thereto annexed are truly copied from the records of the said Court, and I do further certify that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid schedule is ninety five dollars.
In testimony whereof I have hereunto set my hand & affixed the seal of the said Court, on this 21 st day of August 1829.
W m Miller, Clerk of the Court of Goochland County.

9639 Thomas Brooks Declaration

State of Virginia
At a court held for Goochland County, 20 th August 1832.
State of Virginia } ss. Goochland County }
On this 20 th day of August 1832 personally appeared before the County Court of Goochland in the State of Virginia being a court of record, Thomas Brooks, a resident of said County and State aforesaid, aged about Eighty eight years, who being first duly sworn according to law, doth on his oath make the following Declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7 th 1832 - That he enlisted in the Army of the United States, on the day of in the year in the State of Virginia, for the term of three years and served in the Regiment commanded by General Stephens in the Company commanded by Captain Chew in the line of the State of Virginia, on the Continental Establishment - That he does not now recollect the names of any other Officers under whom he served, that he enlisted in the County of Spottsylvania in the State of Virginia, it has been so long he does not recollect the time he enlisted - That he served in the service of the United States for the said term of three years, and was regularly discharged from the service in the year in the Town of Fredericksburg in the State of Virginia, that he was in no battles during his service and that he marched through several Counties on the Potomac in the State of Virginia - he hereby relinquishes every claim whatever to a pension or an annuity, except the present, and he declares that his name is not on the pension roll of any agency in any State
Sworn to and subscribed the day and year aforesaid
Thomas his Brooks. mark
And the said Court do hereby declare their opinion, that the above named applicant was a Revolutionary Soldier, and served as he states.
I William Miller Clerk of the Court of Goochland County, do hereby certify that the foregoing contains the Original proceedings of the said Court, in the matter of the application

of Thomas Brooks for a pension.
In testimony whereof, I have hereunto set my hand and seal of Office, this 29 th day of August 1832.
W m Miller C.O.

Pension Office 17th Sept. 1849.
Washington
Rev. C.A. Allen 15 Sept. 1849
The Secretary of the Department of
Pensions

Know all men by these presents that I Thomas Brooks of the County of Goochland for and in consideration of the sum of four hundred dollars to me in hand paid by Fielding Brooks of the same County, the receipt whereof I do hereby acknowledge, and for and in the further consideration of the said Fielding's taking care of me and my wife Judy during our natural lives. I have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell unto the said Fielding Brooks his heirs and assigns forever, two negro boys named Albert and Seury together with every other species of property I now hold and possess be it of what nature or kind soever. To have and to hold the aforesaid two negro boys and other property that I now possess to him the said Fielding Brooks his heirs and assigns forever. And I do hereby warrant and will forever defend the right and title to the aforesaid negro boys and other property to him the said Fielding Brooks his heirs and assigns against the claims of all persons whomsoever, he the said Fielding Brooks taking care of and furnishing myself & wife aforesaid during our natural lives with good and sufficient food & raiment.
In Witness whereof I have hereunto set my hand and affixed my seal, this 23 rd day of May 1825. Signed, sealed & acknowledged in presence of
Thomas Brooks
Wm Miller
In Goochland County Court Clerks Office 23 rd May 1825.
This Deed was this day presented to me in my office, and acknowledged by Thomas Brooks to be his act and deed, and admitted to record.
Teste
Wm Miller Clerk

Know all men by these presents, that I Thomas Brooks of the County of Goochland, have for and in consideration of the natural love & affection I have and do bear towards my son James Brooks of said County of Goochland and for and in the further consideration of one dollar to me in hand paid by the said James Brooks, the receipt whereof I do hereby acknowledge have given, granted, bargained, sold and released and by these presents do give, grant, bargain, sell and deliver unto the said James Brooks his heirs and assigns forever, one negro man named Henry about twenty four years old. And I the said Thomas Brooks do hereby warrant and will forever defend the right and title of the said negro man, Henry to him the said James Brooks his heirs and assigns against the claims of all persons whatever. In Witness whereof the said Thomas Brooks hath hereunto set his hand and seal this 1 st day of October 1827.
his Thomas x Brooks mark
Witness
Naill Miller
In Goochland County Court Clerks Office, 1 st October 1827.
This Bill of Sale was presented to me in my office, and acknowledged by Thomas Brooks to be his act and deed, and admitted to record.
tests
Naill Miller
State of Virginia
Goochland County to wit,
I William Miller Clerk of the court of the aforesaid County of Goochland, in the state of Virginia, do hereby certify that the foregoing Deeds or Bills of Sale, the one from Thomas Brooks to Fielding Brooks, and the other from the said Thomas Brooks to James Brooks, are truly copied from the records of the said Court, as fully and wholly as the same now exist among the records of my office.
In testimony whereof, I hereunto set my hand and affix the seal of the said Court, this 14 th day of September 1829.
W m Miller Clerk of the Court of Goochland County

Goodland County Pa 14 th Septemb r 1829.
Sir.
I send herewith copies of the Bills of sale from Thomas Brooks to Fulding Brooks and James Brooks, which are required in the investigation and adjustment of Thomas Brooks's claim for services rendered by him during the Revolutionary War, in compliance with a communication received from the Department of War, bearing date on the 8 th instant. — There is no obligation of record, by which Fulding Brooks became bound to take care of Thomas Brooks & his wife
I am, very respectfully,
Yr Obed. servt.
W m Miller
The Secretary of the Department of War
3

on the rolls Ja Roll
Admit as a purchase for 2 years - $80.00

BRIEF in the case of Thomas Brooks County of Goodland in the State of Virginia (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 88 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 17 3- Private Gen Stevens Col of Chas  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Spottsylvania Co. Va  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? His own declaration  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Butts Examining Clerk.

Washington D.C. 1891 Oct 5 th 1899 - The Secretary of the Department of War Pension
Washington
Converse Bros Washington D.C.
1261 194

Virginia Goochland Courthouse 5 th Septem r 1829.
Sir
You will receive, enclosed herewith, the Declaration of Thomas Brooks made in pursuance of Instructions received from the Department of War, in order to obtain a pension as a Revolutionary Soldier,
I am very respectfully
Yr Obl Servt
Wm Miller
The Secretary of the Department of War
3

Thomas Brooks

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Then as Brooks Gooch Pnd 8 o V u which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

 XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no  XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no  XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no  XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes  XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  XVI. ‡ Are the papers authenticated as the regulations direct? yes  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Ex'r.
INVALID
REJECTED
Acts of July 14, 1862, and March 3, 1873.
1261
No. Thomas Brooks
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Renlisted: _____
Attorney: _____
No. _____

Rev. War
5296 INVALID.
File No. 5296
Thomas Brooks
Prov. Rev. War
Act: June 9 th /32
Index:—Vol. M , Page 43
[Arrangement of 1570.]