Revolutionary War Pension and Bounty Land Warrant Application File W. 5,912, Nelson Brooks, Va.

SERVICE
Var
Brooks, Nelson Frances
NUMBER
W. 5912
CONTENTS
[Ruled lines for notes]
[Ruled lines for notes]
2

Lead. See letter to J. Robertson act. P. 147. April 4. 1835
Virginia 16.372
Stelton Brooks
of Campbell in the State of Va who was a Pri: in the _____ commanded by Captain _____ of the Regt commanded by Col: Lynch in the Va line for 8 months
M 82 a 33
Inscribed on the Roll of Virginia at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 rd day of Aug. 33 and sent to Hon: W.P.
Davenport Meadsville. Va
  Arrears to the 4th of March '33  53.32    Semi-ann. allowance ending 4 Sept. "  13.33     66.65  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by A. Rice Clerk, Book E Vol. 6 Page 3 rd

Pp.
6615
Richmond Virginia
Frances Brooks
widow of Nelson Brooks Va who was a Private in the Revolution
Inscribed on the Roll at the rate of 26 Dollars 66 — Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 22 d day of January 1845 and sent to J. H. Reuton New Store, Va.
[Act of March 3, 1843.]
Recorded in Book A. & June 17, 1844. Vol. 2. Page 134.

State of Virginia, Campbell county }.
On this the 14 th day of August 1832 personally appeared in open court before the justices of the court of Campbell county now sitting, Nelson Brooks a resident of the county of Campbell and state aforesaid, aged 73 years on the 5 th day of July last, who being first duly sworn according to law doth on his oath make the following declarations in order to obtain the benefit of the act of 1831-32. That the 7 th day of June 1832. That in the year 1779 and towards the end of July he met at Capt o Cook's on Fallen River in the county of Campbell (then Bedford) and volunteered his services under Captain James Adams, Henry Dickson Lieutenant, and John McGhee Ensign and marched the same day for the Lead- -mines in Montgomery County where he served two months Colonel Lynch having the command of the troops at the Lead mines at the same time and that he was discharged some time in October of the same year and that he received a discharge but have since lost the same That about the first of January 1781 he again met at Holl's store in the aforesaid county of Campbell (then Bedford) and was drafted and sent into service under Captain Thomas McReynolds, who marched the company to Cabin Point on James River, where he was put under the command of Captain John O'ly, William Dooley Lieutenant, ensign not recollected. They then marched to Portsmouth Va in and near which place, they served out their three months term and was discharged and that about the last of September of the same year he again met at John Bryan's and was drafted and sent into service under Captain James Bullock, Joseph Stith he thinks the names of the Lieutenants and Ensign were Parker and Smith, He was then marched and

to Yorktown and joined General Lawson's Brigade where we remained until after the surrender of Lord Cornwallis, a few days after which we were discharged
This tour was three months long marched to Williamsburg and discharged. He saw while He does not recollect the name of the Col. of his regt. at Yorktown at Yorktown General Washington and Lafayette. That he still lives in the County of Campbell and about fifteen miles from the place where was born and raised
He has no documentary evidence, that James Brooks and Charles Glatf are the only witnesses known or recollected by him, now living by whom he can prove his services,
He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension Roll of the agency of any state pension and subscribed the day and year aforesaid
his Nelson X Brooks mark
State of Virginia Campbell county ss
This day John Woodbridge sr. of the said County, personally appeared before me Ellis Hunter a justice of the peace for the county aforesaid and made oath, that in January 1781. he was drafted at Hott's store in Campbell County (then Bedford) and was marched by Cap d Thomas McReynolds to Portsmouth by the way of Petersburg, Cabin point H.C. and that he served a three months tour, and that Nelson Brooks of said county was also drafted at the same time and marched in same company to Cabin point where he the said Brooks joined Cap d Otey's company, but the two companies remained together until we were discharged at Portsmouth, and that the said Brooks to his knowledge served at that time a three months tour. - And I the said Ellis Hunter justice of the peace as aforesaid do hereby certify that the testimony of the said John Woodbridge is entitled to full credit. Given under my hand this 18 th day May 1833. Ellis Hunter J.P.

We Henry Brown a clergyman residing in the county of Campbell and William Raper residing in the same county hereby certify that we are well acquainted with Nelson Brooks who has subscribed and sworn to the above declaration that we believe him to be about 73 years of age that he is respected and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Henry Brown
William Raper
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 Henry Brown who has signed the foregoing Certificate is a Clergyman Resident in the County of Campbell and that William Raper who has also signed the same is a resident in the said County of Campbell and is a credible person and that their Statement is entitled to Credit.
County
I John Alexander Clerk of the Court of Campbell do hereby Certify that the foregoing contains the Original Proceedings of the said Court in the matter of the application of Nelson Brooks for a pension. In Testimony whereof I have hereunto set my Hand and Seal of Office this 12 th day of August 1832 and In the 56 th Year of American Independence.
John Alexander Clerk County Court Campbell Va.

Question the 1 st by the court: Where and in what place were you born? Answer I was born the year 1766 in the month of July - in Bedford county now Campbell County Va -
Question the 2 nd by the court, Have you any record of your age and if so where is it? Answer I have the record of my age at home in my bible?
Question the 3 rd Where were you living when called into service; where have you lived since the revolutionary war and where do you now live? Answer I lived in Bedford county, Va - now Campbell county on falling river when called into service; since the war I have lived a part of my time in Patrick Edward county, and a part of my time in Buckingham county but live at this time in the county of Campbell Va. I have lived only six years out of the county of Campbell Va since the revolutionary war?
Question the 4 th How were you called into service, were you drafted, did you volunteer, or were you a substitute?
Answer the 1 st tour I volunteered, the 2 nd tour I was drafted, and the 3 rd tour I was drafted.
Question the 5 th state the names of some of the regular officers who were with the troops when you served; such Continental and militia regiments as you can recollect and the general circumstances of your service?
Answer Maj. Long & Col. Dick at Portsmouth, and Col. which and Capt. James Adams as the lead mines, I do not know the No. of the regiment I belong to nor the No. of any other regiments, and as to the general circumstances of my service am set down in my declaration.
Question the 6 th did you ever receive a discharge from the service, and if so by whom was it given and what has become of it?
Answer I received a discharge from Capt. James Belllock at Yorktown and one from Capt. Oley & the other from Capt. James Adams but have since lost them all.
Question the 7 th state the names of persons to whom you are known in your present neighbourhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the revolution?
Answer William Profer, Adair Arrington, Esq. Wood, and Capt. Thos. Hervey.
Campbell County Court January Term 1833.
On the motion of Nelson (Brooks a Revolutionary) Soldier Whole declaration had been presented and acted upon at a former term of this Court: It is ordered that the interest which now stands to him by the Court according to the regulations of the War Department and the act and thereto made and duly sworn to, be also certified to the War Department.
I am Alexander Clerk of the County Court of Campbell do hereby certify that the above is a true transcript of the order made at the Jan Term of said Court 1833 in the matter of the application of Nelson

Brooks for a Pension. In Testimony Whereof I have hereunto Set my Hand this 15 th Day of Jan y 1833
John Alexander CCK J.
Nelson Brooks amends his declaration by making the following affidavit viz.
Personally appeared before me the undersigned a justice of the peace for Campbell County in the State of Virginia, Nelson Brooks who being duly sworn depo- seth and saith that by reason of old age and the consequent loss of memory, he cannot swear posi- tively as to the precise length of time , his service but according to the best of his recollection he served as a private not less than eight months, which constitutes the whole of his revolutionary services; that during the time any one of these terms he was not employed in any civil pursuit — Given under my hand this 5 th day of June 1833
E. Hunter

State of Virginia
Campbell County to wit:
Clerk of the County Court of Campbell in the State of Virginia do hereby certify that Ellis Hunter Esquire before whom the affidavit of Sam Woodbridge was subscribed to and before whom the affidavit of Nelson Brooks was taken and that at the time thereof an acting Justice of the peace in and for said County and State duly commissioned and qualified that his acts as such are entitled to full credence and that his signatures annexed are genuine. In testimony whereof I have hereunto set my hand and seal of office this 29th day of June 1833 In the 58th year of American Independence
John Alexander Clerk as afor d

State of Virginia
Campbell County ss
This day Charles Graft of the said county personally appeared before me Ellis Hunter a justice of the peace for the county aforesaid and made oath that Nelson Brooks to his knowledge served a term of two months at the Lead mines in Montgomery county under the command of Captain James Adams in the year 1779 or 1780. and that the said Brooks served a term of three months at Portsmouth Virginia under Captain John Day & Col. Rev. Dick and that he the said Graft served with him. Given under my hand this 25 th day of August 1832.
Ellis Hunter (J.P.)

State of Virginia County of Campbell to wit
On this Second day of November 1838 personally appeared before me Thomas Reed a justice of the peace in and for the county and state aforesaid Frances Brooks, a resident in the county aforesaid, who being first duly sworn according to law, dath, on her oath say that she is upwards of Seventy four years of age, and doth make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress passed the 7 th day of July 1838, entitled "an act granting half pay and pensions to certain widows".
That she, the said Frances, is the widow of Nelson Brooks, who was a pensioner of the United States, under the law of the 7 th June 1832, and who was a soldier in the Revolutionary War service.
That for proof of which, she will have to rely upon documentary evidence, and the records of the War department of the United States at Washington City; - and in the Pension Agency Office at Richmond, Virginia.
That she was lawfully married to the aforesaid Nelson Brooks, in the said County of Campbell, in the year 1782, or about that period. That her said husband, died on the 10 th day of October 1838, in the said County of Campbell, and that she has remained a widow since his death and is a widow now. That she was not married to him prior to his leaving the said service, and that her marriage to the said Nelson Brooks took place before the year 1794, about the period above stated.
That her maiden name was Frances Trent. her witness to Mark Tho Reed JP Sworn to and subscribed the day & year first above written before Francis Brooks Tho Reed JP

State of Virginia
County of Campbell to wit
On this 2nd day of November 1838
Personally appeared before me Thomas Rude a justice of the peace in and for the county of Campbell aforesaid, Barnet Finch Senior, a respectable citizen of the said County, who being  having first duly sworn  affirmed in due form of law, doth on his oath  affirmation say, - That he has known Frances Brooks, the widow of Nelson Brooks, named in the foregoing declaration ever since she was a little girl, - That he knows positively, that she, the said Frances was married to the said Nelson Brooks in the County of Campbell aforesaid, in the year 1782, or about that period, - near about ten years, after he, himself, the said Barnet Finch senior was married to Maria Grant (the maiden name of his present wife) and a sister of the said Frances Brooks, which took place in the county of Campbell aforesaid, in the year 1772.
That the said Nelson Brooks was revolutionary pensioner of the United States during his life and up to the time of his death, which happened in this said County in the month of October 1833. That the said Frances Brooks, whose maiden name was Frances Grant, is the identical widow of the said Nelson Brooks, and that he is certain, that they were married before the year 1794, about the period before stated, and that the said Frances is now a widow, and has been, since the death of her husband the said Nelson Brooks, and further this deponent saith not. his Barnet Finch mark
affirmed to and subscribed the day and year first above written before.
T. Rude

State of Virginia
At a Court of Quarterly Session continued and held for the County of Campbell at the Court House thereof on the 12 th day of March 1839
The foregoing declaration of Francis Brooks for a pension together with the affidavits of Barnet Finch Jr and Maria Finch and the several certificates of Thomas Rudd and Wm A Clement thereto annexed from this day hereafter: and thereupon the Court doth order it to be certified to the War office of the United States that the said Wm A Clement is the Clerk of this Court and that he the said Thomas Rudd is a Justice of the Peace in and for the County aforesaid duly commissioned and qualified and that the proceedings aforesaid had before the said Justice of the Peace are hereby approved ratified and confirmed. And the Court doth further certify that it appears to their satisfaction that the said Francis Brooks is the widow of Nelson Brooks deceased late of this County who in his life time was a Pensioner of the United States Government. That they the said Nelson Brooks and Francis his wife (whose maiden name was Francis Frost) were lawfully married in the year 1782 and that he the said Nelson Brooks departed this life in this County on the 10 th day of October 1833. The Court doth also certify that the said Francis Brooks and the affiants Barnet Finch Jr and Maria Finch are all residents of this County and their respective oaths entitled to full faith and credit - they being of good standing and respectability. And the
Chas. H. [?]

State of Virginia
County of Campbell to wit
On this 2 nd day of November 1838 personally appeared before me Thomas Rudd a justice of the peace in and for the County and State aforesaid Mina Finch a respectable resident of the said County, and made her  affirmation in due form of law, that she is the sister of Frances Brooks named in the fore- going declaration, and upon her oath  affirmation doth say, that the said Frances Brooks is the identical widow of the late Nelson Brooks who was a revolutionary pensioner of the United States, during his life, and up to the time of his death, which happened in the month of October 1833. That she the said Mina Finch is about ten years older than her sister Frances above named; - that they have lived near each other in this County nearly all their lives; - that she has been intimate with her, and her late husband the said Nelson Brooks ever since their marriage, which took place previously to the year 1794, to wit, about the year 1782, near about ten years after she herself was married to her present husband Barnett Finch Senior in the year 1772. That the said Frances Brooks' maiden name was Frances Grant; that she is now a widow and has been since the death of her husband Nelson Brooks aforesaid. Mina Finch Mark
affirmed
to and subscribed on the day and year
first above written before me
Tho Rudd
State of Virginia
Campbell County to wit,
I Tho. Rudd a Justice of the peace in and for the county aforesaid do hereby certify that Mrs. Frances Brooks (the widow of Nelson Brooks decd.) and named in the foregoing dec- laration, and in the affidavit of Barnett Finch, and Mina Finch is in my opinion of too infirm body to get court in person - with out inconvenience of body, and danger of health, or life - Given under my hand

State of Virginia Campbell County to Wit: I William A. Clement, Clerk of the County Court for said County in the state aforesaid do hereby Certify that Thomas Rudd before whom the foregoing declaration of Frances Brooks was subscribed and sworn to is now and was at the time of signing the same an acting justice of the peace in and for said County duly Commissioned and qualified as such and that full faith and Credit is due and ought to be given to all his Official acts as such
In testimony whereof I have hereunto subscribed my name and affixed the seal of Office this 2nd day of November 1838. William A. Clement Clerk
I do further Certify that the signatures of Thomas Rudd affixed to the declaration aforesaid and the Certificate of Mina Frizell and Samuel Frizell and his signature as to his my infirmity is Genuine. Given under my hand this 2nd day of November 1838
William A. Clement Clerk
3257 Widow, Brooks application for Pension War Department U.S. Nov. 2. '38 via 7 July 1838
Thos H. Gray J. G. G. [unclear] H. W. Coles H. W. H. H. R.
Given under my hand this 2nd day of November 1838

no 21967
Nelson Brooks Campville 6 o Virg a
e.g. Adm is as Ph 8 mo 26 66
Clerk of Campville 6 o Virg a care of Hon. R. Davenport Meadville Pa =

WAR DEPARTMENT,
Pension Office,
183
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 subjined 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 Nelson Brooks Campbell B. Eng.
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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 day 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 enquiry 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 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 _____; 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 time, 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.

Campbell County Court Clerks Office 1 st November 1838
I do hereby Certify that I have this day examined the records of the Clerk's Office of said County Court for a marriage licence bond executed by Nelson Brooks for the solemnization of marriage between himself and Frances Street supposed to have taken place about the year 1831. or two and that no such bond can be found therein Given under my hand the date above
William A. Clement Clerk

6851
Dec 9 44
Newton
Sec. Ch.
Va
Mar 3 rd 1843
Frances Brook
$26:66 per a
cts 43 44 - 388
Common Pleas
Washington City
D. G.
J. H. Rouston
St. Lawrence
Stae
Va
to the Hon. J. H. Rouston Common Pleas Washington City
John H. Rouston Esq. Common Pleas Washington City
Respectfully yours J. H. Rouston

Dr Sir
Newton 8 th December 1804
Enclosed you will receive the Declaration of Mrs Frances Brooks, widow of Nelson Brooks deceased, under the act of the 3 rd of March 1803 which you will be so obliging as to send me of the result at this place as early as convenient
I am very respectfully
Yr. Obt Servt
John D. Root
To The Commissioner of Pensions Washington City D.C.
Received of John D. Root the sum of Five Dollars for Balance of Account this 10 th Dec r 1804

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 2 d , 1840.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Frances Brooks, a Pensioner on the Roll of the Richmond V g Agency, at the rate of Twenty Six Dollars and Sixty six Cents per annum, under the law of the 7 th July 1838, has been paid at this Department, from the 1 st of March 1839, to the 1 st Sept. 1839.
Respectfully, yours,
Wilson B. Patridge Comptroller.
To the Commissioner of Pensions,
Present.

TREASURY DEPARTMENT,
Second Comptroller's Office,
June 1 st 1841.
Sir :
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Frances Brooks, a Pensioner on the Roll of the Richmond V a Agency, at the rate of Twenty six Dollars and Sixty six Cents per annum, under the law of the 7 th July 1838, has been paid at this Department, from the 4 th of March, to the 4 th Sept. 1840.
Respectfully yours,
William B. Parris
Comptroller.
To the Commissioner of Pensions,
Present.

Mr. Allen apre 2 o
Nelson Brook
16372
J. J. Edwards Esq.
Commissioner of Pensions Washington.
RECEIVED

Office Bank United States, Richmond 31. March 1835.
Sir,
A claim was presented at the Agency here sometime since on behalf of the widow of Nelson Brooks, a pensioner of the U.S. for the arrears of pension due to him at the time of his death. Payment was declined for this, among other objections, that it was not usual to make payments until the end of the half year during which the money claimed had accrued. The papers have been again returned, and now appear to be in due form, except that the power of Attorney having been dated near four months ago, when the papers were prepared, is, according to the regulations, no longer in force.
As the papers has been returned twice, I feel unwilling to trouble the parties again, or subject them to expense. I have therefore concluded to ask the favour of you to say, whether or not a power of Attorney may be considered in force in cases when payment is

is demanded within the 90 days, even altho', from various causes, it may be delayed beyond that time.
I enclose the papers for your inspection. You will observe the paper power of Attorney is dated the 10 Nov. 1874.
I am, Sir, very respectfully, Your obedt. Servt. J Robertson
J. L. Edwards Esq. Com r . of Pensions.

Nelson Stearns Brook Va. June 7 1866. where p's
Disc 10 th Oct 1834 paid to
that period.
JH
HHS

Ref WIDOW, &c.
File No. 5912
Frances Brooks
Wid:
Nelson Brooks
Prvt. Res. Wd
Act: Mch. 3 rd & June 1 st 1874
Index: — Vol. A , Page 83
[Arrangement of 1870.]

Paid at the Treasury under the Act of the 6. April 1838 from 4 March 1839. to 4 Sept 1839. the day of his death. Agt notified 10. June 1840
Paid as above from 4 March to 4 Sep 1840. Agt notified 9 th June 1841.
Virginia 3390
Frances Brooks — — — widow of Nelson Brooks, decd.
who was a pensioner under the Act of 7 June 1832 and who died on the 10 Oct 1834, — + of Campbell in the State of Virginia who was a private in the — commanded by Captain — of the regt commanded by Col Lynch in the Virg a line for 8 months
Inscribed on the Roll of Richmond at the rate of 24 Dollars 66 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 5 day of July 1839, Lynchburg, and sent to R. H. Gray Virginia
Arrears to the 4th of Mar 1839 $79.98 Semi-annual allowance ending 4 Sep '39 13.33
$93.31
{ Act July 7, } 1838. }
Recorded by L. M. Curdy, Clerk, Book A. Vol. 2. Page 176.

6831 Declaration of Francis Birch for a Pension under act 3 rd March 1943

Declaration In order to obtain the benefit of the Act of Congress of the 3 rd March 1845 granting pensions for one year to certain widows, who have pensions under the Act of July 7 th 1838
State of Virginia Campbell County, SS
On this 26 th day of October 1844, personally appeared before me a Justice of the peace in and for the County and State aforesaid Frances Brooks a resident of Campbell County Virginia age 82 years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provisions made by the Act of Congress passed on the 3 rd March 1845, granting pensions to widows of persons, who served during the Revolutionary War — That she is the widow of Nelson Brooks, who was a private in
Regiment, that she received Forty dollars per annum, under the Act of July 7 th 1838. She further declares that she is still a widow Frances J Brooks mark
Sworn to and subscribed before me a Justice of the peace in and for the County and State aforesaid this the 26 th day of October 1844 J. H. Plunkett J.P.

State of Virginia Campbell County to wit. I do hereby certify that I am personally acquainted with the Defendant Frances Brooks the widow of Nelson Brooks deceased & I was in company with her this 26 th day of October 1814
Subscribed and sworn to before me this 26 th day of October 1814 I H. Plunkett J.P. Virginia Campbell County to wit I Mr. H. Plunkett Clerk of the County Court of Campbell County in the State of Virginia do hereby certify that hereby certify that the foregoing power of attorney from the said Francis Brooks was subscribed and sworn to before me this 26 th day of October 1814 I H. Plunkett Clerk
Given under my hand this 26 th day of October 1814 I H. Plunkett J.P. I have been personally acquainted with the Defendant Francis Brooks the widow of Nelson Brooks deceased and I was in company with her this 26 th day of October 1814 I H. Plunkett J.P.