Revolutionary War Pension and Bounty Land Warrant Application File R 2503, Henry Crooks, Mass.

SERVICE
Mass-
Brooks, Henry
NUMBER _____
NUMBER P 2503
CONTENTS

28.940
Henry Crooks,
Declaration
J. Wilcher Rights agent and Attorney Duby
Marvin

State of Vermont 3 On this twenty ninth day of August District of Orleans 3 in the year of our Lord one thousand eight hundred and thirty three personally ap- peared in open court before the Probate court within and for the District of Orleans aforesaid now sitting Henry Cross a resident of Danby in the county of Franklin and Province of Lower Canada aged seven- ty nine years, who being first duly sworn according to law doth on his oath make the following de- claration in order to obtain the benefit of the act of Congress passed June 7 th 1842
That he entered the service of the United States under the following named officers and served as herein stated; that he first enlisted in the Massachusetts Militia at Wersbury in the State of Mass- achusetts for the term of three months immediately after the battle of Lexington in the year 1775. He served for said term of three months at Dorchester and Dorchester point under Captain Seth Morse in Colonel Wadsworth's regiment. He next enlisted in the Massachusetts Militia at Wersbury in State of Massachusetts for the term of three months, just previous to the taking of Burgoyne, that he marched to Stillwater and was at Saratoga at the taking of Burgoyne; that he served his full term of service under Captain Brigs- ham of Wersbury aforesaid in Colonel Cushing's Regiment Colonel Cushing went from the town of Shrewsbury in the State of Massachusetts. The next term he enlisted in the Massachusetts Militia for three months and served the full term of three months under Captain Pray in Colonel Wheelock's Regiment and was upon the Island of Rhode Island under General Sullivan at the time of his retreat; that in the summer and fall of the year 1778. At the expiration of the first term of service he received a written discharge signed by Colonel Lord, which he has since lost.

At the expiration of the two last terms he did not receive in either case a written discharge. He has no documentary evidence and knows of no witness by whose testimony he could prove the service aforesaid or any part of it, except as herein after set forth.
In the year 1777 he was drafted for the term of eight months, and being unable to perform the service himself he hired John Tenney to serve in his stead; Tenney entered and served under the enlistment till the battle of Bunker Hill at which time he was killed. This deponent agreed to and did pay said Tenney fifty dollars to go and perform this term of service for him; this was contingent service on the pay for the term of service was made this deponent in the currency of the time he being entitled to receive the pay having
He was born in the town of Hopkinton in the State of Massachusetts in the year 1754 or where there is a mist of his age he believes. He was living in Northbury in the State of Massachusetts when called into service. Since the revolutionary war he has resided in Northbury, Tisbury and Hopkinton in the State of Massachusetts; in Berthelou Littleton and Symon in the State of New Hampshire and in Danvers aforesaid for two years. He hereby relinquishes all claim to a pension or annuity except the present and declares his name is not on the pension roll of the agency of any State.
Sworn and subscribed the day and year aforesaid
John Kimball
his Henry J. Crooks Mark

We Simeon Dodge of Littleton in the State of New Hampshire and Thornton Brooks of Boniton and Province of Lower Canada certify that we have been well acquainted with Danny Brooks, who has subscribed the foregoing declaration, for more than thirty years and that during that time and long before the year 1878 we have heard him relate the particulars of his duels as him before stated and in particular that while at Dover he was at work in the trenches of the works with a spade a shell struck and carried away his spade and gun which were standing between his legs and that a piece of the shell cut through his clothes and punctured the skin, and also of being at Rhode Island at the time of Sullivan's revolt and at the water at the barracks of Burgoyne that he has always been reputed and considered to have been in the war of the rebellion in manner as before stated and that we concur in that opinion.
Subscribed and sworn to the day and year last above written.
Simeon Dodge
Thornton Brooks

I Enoch B. Symonds of Boston in the district of Orleans of our Lord humbly certify that I have been acquainted with Henry Brooks who has subscribed the foregoing declaration for a number of years; I believe him to be twenty nine years of age; that he has been reputed and believed in the neighbourhood where he has resided to have been a soldier of the revolution. And I concur in that opinion.
Depon and subscribed the day and year aforesaid and in explanation of the foregoing certificate I certify that till within the last five years I lived in the same neighbourhood with the said Brooks in the town of Littleton in the county of Grafton and state of New Hampshire for the space of four years.
Subscribed and sworn the day and year aforesaid.
Enoch B. Simonds
And the said Court do hereby declare their opinion after the investigation of the matter and after hearing the testimony of the applicant and the War Department, that the above named applicant was a Revolutionary soldier and served in the States - And the Court further certifies that it appears to them that Simeon Dodge, Thornton Brooks and Enoch B. Simonds Esq. who have signed the foregoing certificates are residents in Littleton, Barnston and Barnston respectively and are credible persons, and that their statement is entitled to credit.
I John H. Kimball Register of the probate court in the District aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Brooks for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 29 th day August A.D. 1833.
John H. Kimball Register

28940
Honey Goods
see among addl proof whether the certificates from obj disappear have been proof of Sumner see - see Boston not marked
J. H. Redfield Esq Q Esby W

Capt Wood
WAR DEPARTMENT,
Pension Office,
Dec 20 th 1833
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 Henry Brooks
   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.      Northton The services of a Substitute are in admeasure Mass Hayden Perry 77 Wheel   
I am, respectfully,
Your obedient servant,
JAMES 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 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
* By applying to E. D. Bangs Esq., Secy of the War Dept at Mass. Station, We may procure the necessary proof.

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 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 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.
With his claim, the rolls of their service and evidence...

Commonwealth of Massachusetts.
Secretary's Office, Feb y 28 th 1834.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Henry Crooks, as a private, is borne on a Pay Roll of Capt. Edmund Brigham's Company in Col. Cushing's Regt. where he is allowed from Sept. 18 th to Novem r 29 th 1777. for services and travel two Months and twenty eight days. — — — — — m d. 2=28
Henry Crooks claims for services under Capt. Seth Morse in 1775. The roll of Capt. Seth Morse's Company for fourteen days from the 19 th of April 1775. is found but the name of Henry Crooks is not borne on it.
Henry Crooks claims for services under Capt. Perrin in Col. Wheelock's Regt. in 1778; — but the roll he describes is not found in this Office.
Edward D. Bangs Ltr

Acts of July 14, 1862, and March 3, 1873.
25 103.
P. O. _____
Henry Crooks
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

Vermont Edmund Carlton Prool Esq. 40 Carleton 17 July 1840. Henry Brooks Suspended W. S. F. Redfield 12 Feb 1831 2503 Adj 1832 am? Jan. B. F. Dennis Mar. 14: 1834.

I Drury Fairbank of Littleton in the County of Grafton & State of New Hampshire a clergyman in said Town hereby certify I am well acquainted with Henry Brooks formerly of Littleton aforesaid & now of Barnston Lower Canada, who has subscribed & sworn to the above declaration, that I believe him to be seventy nine years of age, that he is respected & beloved in the neighbourhood where he resided in said Littleton, to have been a soldier of the revolution & that he concurs in that opinion
Drury Fairbank
Grafton J. Sept. 2. 1833
State of New Hampshire
Personally appeared Drury Fairbank & made solemn oath that the above application by him subscribed is true
Before me
H. A. Bellows justice of the Peace for said County
State of New Hampshire
Grafton ss.
I Stephen P. Webster Clerk of the Superior Court of Judicature within & for said County do hereby certify that Rev. Drury Fairbank is a Clergyman & for many years resident in Littleton in said County, & that Henry A. Bellows Esq was at the above date is a justice of the Peace in said County duly commissioned, and that his signature above written is genuine.
Given under my hand and the seal of said Court at Hanoverhill in said County this third day of Sept. Anno Domini 1833.
S. P. Webster Clerk

6. 15
James D. Edwards Esq. Comm ee of Rev. Washington
W. B. D. [unclear]