Revolutionary War Pension and Bounty Land Warrant Application File S. 15762, John Brake, Va.

SERVICE
Va.
Brake, John
NUMBER
S 15762
CONTENTS
Carded

John Blake. draws $40-
This Pension State on the 8 th of July 1834. that was born in 1754 - born on the South Branch near Shrewsbury at the commencement of the R. War. - was drafted cont. say in what year, in six months. Ponderozed at Pittsburg, marched from there under Capt. John Harris Massa. Reddie 60 th Pennsylvania. to the mouth of Big Beaver then to Fort Pitt. Genl. McArthur had about 2000 men. Staid there a while then marched to Fort  Fort  McArthur aided in building a fort at that place. & returned to Fort Pitt then out. and was discharged. Can't say how long he was gone - previous to his being in Fort Pitt. Campaign he did a rather turn of duty at Buckhannon Fort. near interior country. Can't collect the year in which the turn of duty was done. it was however about the time Cornwallis was captured at York town. - he went to Buckhannon and while there. he volunteered under Capt. Genl. Jackson. and fought at Jackson Fort. and Santa and killed the Indians when they came into the settlement. volunteered about the first of September and continued in service until the middle of February. - this campaign all his services. J. Copeland & Col. Johnson wrote his declaration to show he gave the same statement as before he was in - Copoland contracted to do the business for nothing. but received $40.75.
The saying was read to Blake and acknowledged by him to be exactly like his own. Gustavus Harrison.
Col. Gideon C. Camden. Says that Blake applied to him to write his declaration. upon examination of Blake it resulted in his having done no service. Blake stated to Camden. that he had been compelled to hire a substitute. and therefore he considered considered himself entitled to a pension -
Christopher Walter a man of character has known Blake for many years. - and says he Blake was always. by general consent. emissary & aspirant

Edward and called a try.
Adam bee. the oldest danger in Western Virginia has known Make all his life. and never him to have been a try.
Nathan Goff. also State Attorney.
that Make applied for a pension - examined in 1852 - he was not entitled to a pension. } W. G. Goff letter.
Note. there are no such officers in the United States as mentioned by Make. - his whole statement is a fabrication - he has been sued. - I shall have no difficulty in recovering from him -
W. G. Goff letter Nov. 16. 1834
Rev. Make. Warren Co. Pensions Fines

December 6, 1934
XXXXXXXXXXXXXXXXXXXX
John Brake-S.15762
BA-J/AWF Cam
Mrs. Gertrude Jeffries 2815 Clairmont Avenue Birmingham, Alabama
Dear Madam:
The data contained herein were obtained from the papers on file in pension claim, S.15762, based upon the Revolutionary War service of John Brake.
John Brake was born in the year 1754, place not stated, nor are the names of his parents shown.
He applied for pension, July 8, 1834 and alleged  alleged , that while residing on the South Branch near Moorefield, he was drafted (did not remember the year) for six months, marched from Romney under Captain Hohn Harris and Colonel Vanmetre, went to the mouth of the Big Beaver and on to Fort McIntosh, was there "a while" and marched on to Tuscawawas and assisted in building a fort there, and returned to Fort McIntosh, did not know how long he was in the service. Previous to this service he was at Buckhannons Fort under Captain George Jackson.
He was allowed pension for one year's service in the Virginia militia, War of the Revolution; his name was placed on pension roll in Harrison County, Virginia, but upon an examination of the case by the United States District Attorney, his name was dropped from  dropped from pension roll, March 10, 1835, as it was shown he did not wonder the  under the  alleged service.  alleged service.
There are no data in this claim relative to the family of John Brake.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

I
15462 INVALID.
1924 Oct 11 - 1st h to Mrs. C. M. Cunningham awg . 1929 Mch. 20 - 1st h to James E. Jebrict. See letter in Richard Bell. S. 8064 awg. 1934 Dec. 6 list to Mrs. Beatrice Jeffries. awg
File No. 15-762
John Blake By Rev War
Act: June 7 th 92
Index: Vol. 1 , Page 437
[Arrangement of 1870.]

Deposited a grocery me in this case March 12, 1840.
J.L.E.
Dead John P. ... from the latter ... 10, 1835 - as not entered.

Virginia 23.559
John Brako of Harrison in the State of Va who was a Private in the Company command by Captain Harris of the _____ command by _____ in the Va line for 1 year -
Inscribed on the Roll of Virginia at the rate of $10 - Dollars _____ Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 th day of July 34. and sub. Rev. S. D. Allen - D.R.
Arrears to the 4th of Sept 1-1 33 100 Pensional allowance ending June 34 20 $120 -
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by C. Rice Clerk, Book 6 Vol. 67- Page 3

Admit as Indian Spy 12 months $40.00 e
Emil Larpin 1 QK H. M. C. P.

The original papers in this case sent to M c G. Singleton, U.S. Atty V a Aug. 9. 1834. No copies taken for want of time.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

WAR DEPARTMENT,
Pension Office,
31 Dec 1837
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.      
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
----- 1837

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers : the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
The applicant will give a full and detailed account of his service, particularly that under Genl Jackson

THIS SIDE OF CARD IS FOR ADDRESS
Pension Department Washington
Rev. War,
D. C.

Kindly send Rev. War record of John Brake, also of George Jackson who married Elizabeth Brake. Both of Va.
Respectfully
Mrs C. M. Cunningham
570 Stanley Ave
May 12-1927
Clarksburg W. Va.
Name
School
P. O. Address

Rev. and 1812 Wars Section AWF/eel
S. 15762
March 20, 1929
James E. Tetrick 271 Clay Street Clarksburg, West Virginia
Madam:
I advise you from the records of this bureau, it appears that John Brake was born in 1754, place not stated, and that while residing on the South Branch near Moorefield, he served under Captains George Jackson, John Harris and Colonel Van Metre, no dates given.
He was allowed pension for one year's service as an Indian Spy in the Virginia Militia, War of the Revolution; his name was placed on pension roll in Harrison County, Virginia, on February 25, 1834, but upon an examination of the case by the United States District Attorney, his name was dropped from the pension roll, March 10, 1835, as it was shown he did not render said service.
There are no data as to family.
Respectfully,
E. W. MORGAN Acting Commissioner.

Rev. and 1812 Wars Section, S. 15762
October 11, 1927
Mrs. C. M. Cunningham 510 Stanley Ave Clarksburg, W. Va
Madam:
I have to advise you from the records of this Bureau, it appears that John Brake was born in 1754, place not stated, and that while residing on the South Branch near Moorefield, he served under Captains George Jackson, John Harris and Colonel Van Metre Metre, no dates given.
He was allowed pension for one years service as an Indian Spy in the Virginia Militia, War of the Revolution, was placed on pension roll in Harrison County, Virginia on February 25, 1834, but upon an examination by the United States  United States District Attorney, his name was dropped from the pension roll, March 10, 1835, as it was shown he did not render said service.
There are no data as to family.
X The above noted John Brake (Break) is the

only soldier of that name found on the Revolutionary War records of this Bureau.
In order to make a proper search of said records for a soldier named George Jackson, some of the following data is essential- approximate dates of birth and death, and places of residence at enlistment and after service.
Respectfully,
WINFIELD SCOTT Commissioner.