Revolutionary War Pension and Bounty Land Warrant Application File R. 3947, Timothy Gates, Mass.

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SERVICE Mass
NUMBER R.3947
Gates, Timothy
Susannah

CONTENTS

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Timothy Gates
Private
Mass line
Col Prescott Regmt
March 1776 [illegible]
Admitted

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(8-1776)
SERVICE
Mass

Gates, Timothy
Susannah

NUMBER
R. 3947

State of Ohio
Washington County}
On this 20th Day of April 1818 before me the subscriber one of the Associate Judges of the Court of Common Pleas within and for the County of Washington personally appeared Timothy Gates ages 71 years resident in said County who being by me first affirmed according to law doth on his affirmation, make the following declaration in order to obtain the provisions made by the late act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war.

I Timothy Gates of the Township of Waterford County of Washington and State of Ohio being a person as I believe entitled to pension under the act of congress passed April 18th 1818 entitled and act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war do agreeable to the provisions in said act make this my declaration under solemnities of an Affirmation.  I enlisted a private soldier in May or June of One thousand seven hundred and seventy five in the Company Commanded by Samuel Patchison the Regiment Commanded by Colonel William Prescot in the Massachusetts line and served seven months.  Then in February or March of 1779 I enlisted again under the aforesaid Capt and same Regiment and same line and served

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in the Revolutionary war do agreeable to the provisions 
in said act make this my declaration under solemnities of an affirmation.  I enlisted a private soldier in May of June one thousand seven hundred and seventy five in the Company Commanded by Colonel William Prescott in the Massachusetts line and served seven months.  Then in February or March, 1776, I enlisted again under the aforesaid Capt and same regiment and same line and served my country eleven months against the common enemy on the continent establishment when I was regularly discharged and am not 71 years of age since the [illegible] day of February (January is crossed out) last past and myself and wife are very infirm and not able to do but a little to support ourselves have only 100 acres of land worth about 500 dollars and my personal property would not more than pay my first debts and clothe myself and wife in a decent manner.  Under these circumstances I humbly conceive that I stand in need of assistance of my Country for support.  Affirmed and declared before me the day and year aforesaid.  Ezekiel Deming Asst judge.  I 
Ezekiel Deming Associate Judge [illegible] as aforesaid do certify that it appears to my satisfaction that the said Timothy Gates did serve in the revolutionary war nine months against the common enemy on the continental establishment and that having been acquainted with him for more than twenty years I can say that he has been able to scarcely to support himself in a comfortable manner and at this time he is tottering with old age more so than the older man which has made declaration before who is 46 years old and I believe that his statement is correct in his declaration throughout and I now transfer the proceedings and testimony taken and had before me to the Secretary of the Department of War pursuant to the direction of the aforementioned act of Congress.  Ezekiel Deming

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The State of Ohio
Washington County
On this 24th day of July 1820 personally appeared in open court being a court of Record for said County, Timothy Gates aged 73 years resident in Waterford Township in said County of Washington who being first duly affirmed according to law doth on his oath declare that he served in the Revolutionary War as follows in the Massachusetts line Col William Prescott Regiment Captain Samuel Patch's Company.  The date of his original declaration is the 20th day of April 1818 the number of his [illegible] certificate is 11167.  And I do affirm that I was a resident citizen of the United States on the 18th day of March 1818. And that I have not since that time by gift, sale or in any manner disposed of my property of any part thereof with intent thereby 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 and naval service of the United Staes in the Revolutionary War" passed on the 18th day of March 1818 and that I have not nor has any person in trust for me any property or security contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by one subscriber.  
Schedule
My real estate consists of one hundred acres of  third rate [illegible] land, 20 to 25 [illegible] of which had been cleared of timber but from my inability to cultivate it I have rented for 10 or 12 years for a share of the crops to support my family but the land has now become worn out and the fences so much out of repair that no person will rent it from me. And it is so much grown over with [illegible] and [illegible] as to be little better than land in a State of Nature.  I hold a judgment against Elias Baudinet of Waterford in the County of Washington in the State of Ohio on a promissory note for $38.00 which

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which has been due about two years.  Execution has been issued on said judgement and returned as property found where on to levy.  I have an expectation of recovering anything on said judgement.

I hold a promissory note against Amos Case the balance due on which is about twenty dollars which has been due about fifteen years  said case has been a charge to the township of Marietta but is now supported of being by his son of any information if correct.

I hold a promissory note against         Asher for twenty nine dollars which will become due sometime in October next but Asher absconded about two years ago.  I cannot find where he is gone to and have no expectation of ever realizing anything on it.  I hold a promissory note against Jonathan Whitney of Malta for six dollars which was executed in my favor about two years ago to satisfy a note and (illegible) which I had held against him fifteen years previous thereto - he always being a very poor man I never tried to obtain it by levy and never expect to obtain it or any part of it.
One man in partnership with Timothy Gates First - cow and calf a yearling colt for which I paid $7.50 last fall. one yearling heifer, six sheep and two lambs, one broken 10 gallon kettle and iron pot an older Spider & Skillet both of which are scratched, a small bake kettle an iron pot, a water pail and a milk pail, and chopping axe been in his use 26 years, an old hand axe one [illegible] very old and a small garden hoe two old augers - and old hand saw, an old earthen pot and an old churn , 3 or 4 (illegible) tubs, a few old knives and forks and cups and saucers, two small (illegible ) and a trunk all very old and out of service , an old table somewhat standing, 3 old chisels.
Debts outstanding against me ..
I owe to Doctor Ebenezer Bowen a promissory note for $10, A promissory note payable John Greenman on order next September for about $14.00. and also to the same person or other for six dollars and some cents.

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AD May 19

Sept 1819

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some and payable at the same time.

Timothy Gates

My occupation is a farmer but am unable to do any thing as it one of my handy is partially perished having a disease ever and was in the Revolutionary Army and I am subject to best new make saying and otherwise very infirmed 
My family consists of my wife Susannah Gates her age is 68 years who is subject to an asthmatic complaints and rheumatic pains and is to be confined at her house as much as half the time. My daughter Ruby Gates aged 28 years who is 
confined at home to take care of her parents to whom they have been a charge above seven years. Betsey Gates aged 30 years very weak and unable to support herself.
Timothy Gates

Affirmed and declared on the 24th day of July 1820 before the court of common
Please of Washington County is deposed
Attest ev Dunley Clert
The court doth certify that the declarent is utterly unable to perform any labor
Attest Geo Dunlevy Clerk
I George Dunpal Cerl of the court of Common Pleas within and for the county of certify that it is the opinion of the said Court that the total amount in value of the property exhibition in teh aforesaid Schedule is two hundred fifty three dollars thirty seven cents
In testimony whereof I have hereunto set my hand and affixed the Seal of Said court on this first day of August Anno Domini one thousand eight hundred and twenty
Geo Dunlap Clerk of the Courts of Common
of Washington County

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State of Ohio.
County of Athens. Ss. 
Be it remembered that on this third day of November in the year of our Lord one thousand eight hundred and fifty one, personally appeared before me the subscriber a Judge of the county courts in and for the County and state aforesaid Mary Gates aged 56 years, to me well know, and who being by me first only sworn according to law deposes and says, that she is the daughter of Timothy Gates deceased, who was a Revolutionary Pensioner of the United States, and who died on the 19th day of October A.D. 1822. That the said Timothy Gates, her father was a private in the Massachusetts continental line, in the war of the Revolution and was pensioned and placed on the roll of pensioners of Washington County in the state of Ohio, on the 31st day of May 1819, as will as she believes appear by the records of the Pension office, and which said pension he received up to the date of his death as aforesaid. And deponent further states that her said father Timothy Gates died, leaving surviving him a widow, the mother of deponent, who remained his widow until the 7th day of March 1839 when she died never having received a pension under any of the Pension laws of the United States.
And deponent further states that her mothers name was Susannah Gates; that she was married to her father the said Timothy Gates, at Bridgton in the county of Cumberland in the State of Maine, on the fourth day of December in the year of our Lord seventeen hundred and seventy seven, as will appear by the original certificate of Caleb Chasse, Town Clerk of Gorham, Maine, herewith, and which is as follows inz:
"A purpose of Marriage between Mr. Timothy Gates & Miss Susannah Marsten both of a place called Bridgton has been entered fifteen Days in the Clerks Office of Gorham & Published according to law: 
"Gorham Nov. 3d, 1777.
(signed) Caleb Chasse, Town Clerk:
and by the certificate of marriage also herewith and by other

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proof hereto annexed or accompanying this declaration. And deponent further states that her said parent were of the "people called Quakers" at the time of their said marriage.
And deponent further states that her said father and mother as she has been informed and believes, resided in Bridgton in the state of Maine until the year (1794) seventeen hundred and ninety four, where they removed to the Waterford Township, Washington County, in the state of Ohio, where they continued to reside until the 19th October 1822 the day of the death of her father. And deponent further states that she has always been informed and believed and does now believe that the said Timothy and Susannah Gates were the parents of the following married children viz: Jacob Gates, who was born in the 1778; and who is now dead; Susannah Gates who was born in the year 1780, and who is now dead; Timothy Gates, born on the 23rd day of October 1784, and now a resident of the state of Illinois; Ruby Gates, who was born on the 19th day of December 1792; and who is now dead; and this deponent born on the 27th day of October 1795, and a resident of the county and state first aforesaid. And deponent further states that she makes this declaration for the purpose of receiving her portion of the pension to which her mother the said Susannah Gates died entitled and left unclaimed under any or either of the pension laws passed by Congress for the relief of the surviving widows of officers or soldiers who served in the Army of the revolution. Subscribed and sworn to before me the undersigned at Athens this third day of November A.D. 1851. Mary Gates
Norman Root, Advocate Judge, Athens Com Pleas

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State of Ohio    }
County of Athens }ss:
Know all men by these Presents, that I Mary Gates named in the foregoing affidavit one of the heirs at law of Susannah Gates, deceased, have constituted and appointed and by these presents do constitute and appoint Clement W. Bennett of Washington City D.C. my true and lawful attorney, for the purpose of asking, demanding and receiving from the proper officer of the United States, every and all sums of money which may be found due me as heir at law as above, for arrears of pension undrawn by the said Susannah Gates. Or to which she would have been entitled or was entitled at the day of her death under any of the pension laws of the United States, and hereby authorise him my said attorney to receive and accept for the same in my name or  otherwise , and to do all such acts as may be necessary to recover the same. Hereby confirming whatsoever my said attorney shall do in the promises legally by virtue hereof.
In witness whereof I have hereunto subscribed my name and affixed my seal this third day of November A.D. 1851. Mary Gates
Witnessed N. Root
D.L. Darren
State of Ohio }
County of Athens}ss: Be it remembered that on this third day of November A.D. 1851, personally appeared before me the undersigned an advocate Judge of the Court of Common Pleas in and for said county, Mary Gates, to be well known,

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and acknowledged in one form of law that she had signed and sealed the foregoing power of attorney, and had thus executed the same for the uses and purposes therein expressed. Norman Root, Advocate Judge
State of Ohio  }
County of Athens}ss: I, Joseph M. Dana, Clerk of the County Courts of said county do hereby certify that the Hon. Norman Root whose name appears subscribed to the foregoing affidavit and certificate and before whom the said affidavit was made and power of attorney acknowledged, was at the time of so doing a Judge of the Common Pleas Court, in and for said county, a court of record. Only authorized by law to take the (seal) In testimony whereof, I have herewith subscribed my name and affixed my official seal as Clerk aforesaid this third day of November, A.D., 1851, at Athens County. Joseph M. Dana, Clerk by D.S. Dana, Deputy

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Tim Gates
marriage 
copy
1/6

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Whereas, public declaration has been made of an intended marriage between Timothy Gates and Susanna Master (both of Bridgton) and there not being any person within our Plantation authorized by law to perform the ceremony of marriage, not any could be procured, without great difficulty, We therefore think fit, and do, in the presence of God and these witnesses, whose names are under written, solemnly engage to, and have taken each other, as Husband and Wife, promising to perform to each other, all the duties thereunto belonging.
In Witness whereof, we have hereunto (illegible) licenses, this fourth day of December, One thousand Seven Hundred and Seventy Seven. Timothy Gates, Susanna Gates
Witnesses
Jacob Stevens
Stephen Gates
Reuben Burnawa
Benj Kimbell
Willm Emerson
Enoch Perly
Recorded by me Caleb Chasse, Town Clerk
A true copy from the records of Gorham, att: Austin Alden, Town Clerk

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O. W. and N. Division. 
3-525. 

M.B.H.
Rev. W.
Ry. 3947

DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C., March 19. 1906

Madam:
In reply to your request for a statement of the military history of Timothy Gates, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. 
DATES OF ENLISTMENT OR APPOINTMENT.
May or June 1775
LENGTH OF SERVICE.
1 year and 8 mos
RANK. 
Pri. & Sgt. 
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Samuel Patch
COLONEL. 
William Prescott
STATE.
Mass

Battles engaged in, None Stated. 
Residence of soldier at enlistment, Not Related.
Date of application for pension, April 20 1818, his claim was allowed. 
Residence at date of application, Waterford Township, Washington Co., Ohio. 
Age at date of application, 71 years.
Remarks: He died Oct. 19 1822. He married Susannah Marsters, Dec 4 1777 at Brideton, Cumberland Co. ME. She died March 9, 1839 in Raudell Co. Ind. aged about 87 years. Her claim was rejected on the ground of no proof of marriage. Children: Jacob; Susannah; Timothy; Betsey; Ruby married Abby; Mary married Wilson L. Eaks. 
Very respectfully,
Mrs. Edith Packard Kelly,
Bloomington 811 W. Jefferson St. 

Commissioner.

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Gates, Timothy
Mass R3947

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A purpose of Marriage between Mr. Timothy Gates & Mrs. Susannah Marsters both of a place called Bridgeton has been Entered fifteen Days in the Clerks Office of Gorham & Published according to Law. 
Caleb Chase Town Clerk
Gorham Nov 3 1777

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Timothy Gates
Warrant


Timothy Gates
S 3947
Mass.

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To Sargent Timothy Gates Greeting
 Reposing a special truth  & Confidence in your Loyalty, Courage and good Behaviour 
Say by this Presents, Constitute & appoint you the said Timothy Gates a Sargent in Cap Samuel Path’s Company in my Regiment where of I am Colonel.  you are therefore Carefully & Diligently to obey  all orders you may Receive from your Superior officers from Time to Time During the term of your enlistment.
And this shall be your Fulfillment  Warrant
William Prescott Colonel
Governors Island New York
Date April 17th 1776

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O.W&N       C

Bloomington Ill
Mch 13th

Mr Warner
Dear Sir
My ancestory John Dodge Born in Beverly Mass - in 1748 - Married Susannah Morgan - he was in the Revolutionary War - but whether he was minute man in Isreal Hutchinson's Co

Circular stamp O.W. & N. Div. FILES
                         MAR 16 1906

Circular stamp Pension Office 
                         A MAR 15 1906
                         US

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or Later on Lieutenant of Isreal Hutchenican’s Company  Continental Army who pledged themselves to one year service.  I am unable to tell - knowing his wife’s name I can decide what his Station if he received a pension - Paid grant or any such thing I think his middle initial was C- John C Dodge - he was born at Beverly Mass. Was always Known as Captain John Dodge.

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Then another ancestor Timothy Gates of Stone Mass. he was in Capt Sam Patches’ Co -  Col. William Prescott’s Regiment Cambridge Mass- I do not Know his wife’s name. If either received a pension and l know Mr. Gates did please tell me - and what was his wife’s name.

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 I find so many John Dodges and while all- are from our family yet which - Married Surannah Morgan I want join the  Daughter of the American Revolution So must establish these facts. - Trusting your Early reply I am Respectfully  yours
Edith Packard Kelly Bloomington Ills
 811 West Jefferson St
Circular Stamp Pension Office
                                 A Mar 15 1906
                                 US

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1906 March 20_History to Mrs. Edith Packard Kelly. M.B.H.
3947
P.O.
Service: Susannah Gates widow of Timothy
Enlisted: _______, 18    ,
Discharged: __________(REJECTED stamp), 18   ,
Application filed: _________, 18     ,
Alleges: 
Re-enlisted:
Attorney:
P.O.
_____Recognized.   ________Contract.
_____Cert. of dis. Searched for _________, 18     .

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Commonwealth of Massachusetts.
Secretary's Office, Boston,
April 25.1855. 
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 Timothy Gates appears upon an order for a Coat dated at Cambridge Nov 29.1775, and addressed to the Committee of clothing at Watertown, by eight soldiers of Capt Samuel Patch's Comp. Col. Wm Prescott's Regiment.* Neither his name nor those of Samuel Patch to occur upon the few rolls in this office of service during the year 1776. No further evidence.- 

*Also upon Roll of Capt Sam Patch's Co. in Prescott’s Regiment dated Oct 7 1775 of 8 mos. services.

 In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
EM Wright
Secretary of the Commonwealth

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Extract from the declaration  of Timothy Gates, for Pension under Act of 1818, and copy of the original papers annexed to the same.

 "I enlisted a private soldier in May or June 1775, in the Company Commanded by Samuel Patch, in the Regiment Commanded by Colonel William Prescott, in the Massachusetts line, and served seven months. Then in February or March 1776, I enlisted again under the aforesaid Captain, and same Regiment and same line and served my Country eleven months against the common enemy on The Continental Establishment, when I was regularly discharged."

Copy of a paper annexed to said declaration:
“To Sargeant Timothy Gates, Granting Referring a special Trust and Confidence in

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your LoftyCourage and Good Behaviour,
 I do by these presents Constitute and appoint you, the said Timothy Gates, a Sergeant his Capt. Samuel Patch's Company, in my Regiment whereof I am Colonel. 
 You are therefore carefully and diligently to obey all orders you may receive from your superior officers from time to time [illegible] The Terms of your Enlistment.
 And This shall be your sufficient Warrant
Wm.  Prescott, Col.
 Dated, Governors Island N. York, April 17th 1776
The Secy. of Sate of  Massachusetts is respectfully requested to examine The rolls and military records in his office, for evidence of the service set forth above, and to gene a certificate of the same.
JJ Coombs Atty
 Washington
April 21, 1855

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Pension office.
 April 21.1855.
 I hereby certify that The foregoing is a true extract from the declaration of Timothy Gates, Therein referred to, and a true copy of a paper annexed to said declaration.
 Also, that I. JJ Coombs is attorney for the heirs of said Timothy Gates, died, in a claim [illegible]  before this office. 
LP Waldo Coms.

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Edwards
Commissioner of Pensions
Washington City

[illegible notes on the page]

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J.L. Edwards Esq October 24 1838
Dear Sir I have been solicited by my neighbors to enquire and find out whether Mrs Suzanne Gates wife of Timothy Gates Deceased is entitled to a pension her husband drew a pension under the law giving pensions to continental soldiers of ninety six Dollars per year The widow is eighty six years old and has a certificate from the Town clerk of Bridgeton State of Maine. That she was registered on the clerks book fifteen Days and they took each other as husband and wife there being no person at the time authorized to marry persons and ceremony was entered of Record and the witness names the marriage took place the 4th day of Dec'r. 1777 the old lady and her son also that she live with are very poor I wish you would have the record searched and see whether Timothy Gates served after the 4th Dec'r. 1777 also say whether such a marriage us such as will entitle her to the benefits of the Law your former patience in investigating cases encourages me to make the enquiries 
yours with esteem
John D. Chamberlain
Waterford Washington County Ohio

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Susannah Gates
wid of Timothy

Brief

J.L. Edwards

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Susannah gates, widow of Timothy
Claim under the Act of 4th July 1838

The husband was a pensioner in his life-time, and the only question is as to the validity of the marriage.
The parties were united by a formal and solemn contract, on the 4th day of December 1777, after [illegible] publication of vows, all which is matter of record in the clerk's office of Gorham, Maine, where the families then lived. Under this contract they lived together as husband and wife, till the husband died (about half a century). They raised a large family of children, whose legitimacy has never been called in question.
The act of Congress of May 1846 (Tripletts Pension laws, page 30) declares that in the application of a widow for pension, no evidence of marriage shall be required, "other than

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such proof as would be sufficient to establish the marriage between the applicant and the deceased pensioner in civil personal actions in a Court of justice."
No rule of evidence is better settled, than that in "civil personal actions" a marriage may be proved by the fact of cohabitation, and the recognition of each other as husband and wife,  by the parties, and so representing themselves to the world. On this point it can hardly be necessary to refer to authorities.
In criminal actions, where the fact of marriage becomes a material question, a different rule applies. But I claim, that in this case a valid marriage in fact, has been clearly proven; a marriage which is good and valid for all purposes whatsoever.
Any contract by which the parties mutually consent to treat each other for husband and wife per verba

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de maesute, [?] is a valid marriage at Common law; especially if followed by cohabitation. (see Bishop on Marriage and Divorce, Ch. VIII, and the numerous authorities there cited)
This author, after laying down the above principle, and citing authorities in support of it says:
"Assuming, then, that the contract per verba de praesenti sine copula, or per verba de futuro cum copula, is at Common law a complete marriage, we are next to such for the rules of interpretation by which to determine whether in a given case, a statute has altered the Common law upon the subject. The leading rule, and one of great importance, will be found to be, that the marriage at Common law is always good, not withstanding the statute, unless the statute contains an express clause of nullity. This rule applies not only to the statute as a whole but to each several portion of

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it; so that if it declare the marriage void for non-compliance with a particular provision, it is good notwithstanding a failure to comply with any other provision." (1470
(In support of the above, the author cites nineteen cases, principally American decisions.)

Where, in a Colonial Act of New South Wales, it was provided, among other things, that Presbyterian ministers might solemnize marriages between persons of the Presbyterian commission, but that no such marriage should be solemnized until the partners had signed a written declaration, in duplicate, declaring themselves to be members of that commission, it even held in the Consistory Court of London, that a marriage was not void by reason of non-compliance with the statute,

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though both the partners were members, not of the Presbyterian Church, but of the Church of England, and though there was no declaration signed, as required by the act. (Cuthbert vs Sweetman, [?] 1 Robert 304.)
So when, in Pennsylvania, it was provided that "all marriages shall be solemnized by taking each other for husband and wife before twelve sufficient witnesses," the provision was held to be directory only, and the marriages good, though not celebrated in accordance with the statute. (Baurbaugh vs Sanks, 2@ Watts, 9. Helfenstein vs Thomas 5. Rawls 209. SP.)
So where the statute of New Hampshire authorized Justices of the Peace and ministers of the gospel to solemnize marriages, and provided certain penalties to be inflicted on Justices and ministers who

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should solemnize them otherwise than according to the directions of the statute, and added, in another section that "if any persons not authorized and even procured to solemnize marriages by this act shall join any person in marriage whether with or without publishment, and he be convicted thereof, he shall pay a fine not to exceed £100 nor to be less than £30. it was held that parties might contract a valid marriage at Common Law without the presence of a Justice or minister (London. Demy vs. Charles, 2@ N.18. 268.)
So where the first English marriage Act (Lord Hardwicke's) contained the clause "that in all cases when banns shall have been published, the marriage shall be solemnized in one of the parish Churches or Chapels where such banns

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have been published, and in no other place whatsoever," it was held that the marriage was good, though solemnized in a different place. (Slattwood vs. Tredgen [?] 2@ Phill 287)
So where a statute prohibited the celebration of a marriage without license, a marriage was held to be valid, though no license was taken out. 
(Milford vs Worcester 7th [illegible] 48-55.)

Respectfully submitted
J.J. Coombs

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No 14.540

Susannah Gates dec.
widow of Timothy
Ills.
Act 7th July 1838

[crossed out]
[crossed out]

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J. J. Coombs Esq
Dear sir:
Enclosed find papers executed by Mary Gates - and certificates of Probate Judge which I believe are all right. Let me suggest to you to put this through as soon as may be as there is no care [?] of Mrs. G.s life. I write this at home with hardly strength sufficient to sit up. I shall travel northwards as soon as able
Truly your
T. R. Stanley
April 6th

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No 14.540
Susanna Gates, dec
wid of Timothy
Ill
Act 7 July 1838

C. W. Bennett

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Washington
Dec. 3. 1851

Honl. J. E. Heath
Comr. of Pensions 
Sir
I have the honor to enclose herewith the applications of Timothy & Mary Gates for amount of pension to which their mother Susannah Gates decd. died leaving unclaimed wider provisions of the Act of 4 July 1836 as widow of Timothy Gates decd. a pensioner under Act of 1818.
Very Respectfully
You Obt. Servt
C. W. Bennett

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Pension Office
Feby. 24, 1852.

Sir:
The service of Timothy Gates closed before the alleged date of the marriage between him and Susannah Gates, and her claim is therefore placed under the act of July 1838. But no marriage, it would seem ever took place between them. I am not aware that a mere consent to cohabit as husband and wife was at that time held a valid matrimonial contract in Massachusetts. Nor are the papers filed as subscribed by the Town Clerk of Gorham, authenticated. If it were desirable to prosecute this case further, the date of the widow's death and the names of all the children who survived her must be proved in open court.
In his declaration Timothy Gates mentioned two who are not named by the declarents, and he does not mention them at all.

C. W. Bennett Esq.

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L.M.H.
COPY.

Pension Office.
April 23, 1855.

Sir:
The case of Susannah Gates, decd., widow of Timothy, of Ill. cannot be allowed until the marriage is established agreably to the manner indicated by me to you verbally, a few days since.

J. S. Coombs Esq.
Present.

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Washington April 21. 1855.
Sir:
Enclosed I have the honor to present the claim of the only surviving child of Susannah Gates, widow of Timothy, decd. for pension under Act of 1838.
A claim was filed some years ago from Illinois by a son, who is now dead, leaving the present claimant the only surviving child
Very respectfully
Your obt servt
J. J. Coombs

Hon J. P. Waldo
Commr of Pensions

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Susannah Gates
wid. of Timothy

Illinois — Act 1836 or 1838.
See

Adm. Evidence


394
J.J. Coombs

Page 47

STATE of Ohio
COUNTY of Lawrence }ss.
On this Tenth day of March Eighteen hundred and fifty five, before me, a Justice of the Peace within and for the County and State aforesaid, personally came Mary Gates a resident of said County, who being duly sworn according to law, makes oath and says, that she is the daughter of Timothy Gates late a Revolutionary Pensioner who died in Washington County Ohio in the year Eighteen hundred and twenty two and left Susannah Gates his widow who was the mother of this applicant. The said Susannah was married to the said Timothy in the state of Maine in the year 1777. The said Susannah after the death of her said husband never again married but remained a widow until the seventh day of march Eighteen hundred and thirty nine when she died in Randolph County Indiana leaving surviving her three children — to wit — Timothy gates then of the state of Illinois - Mary (or Polly) Gates the wife of Wilson L. Gates now of Lawrence County Ohio - and Susannah Gates of Athens County Ohio. The said Susannah Gates and Timothy Gates (law married) have since died leaving this declarant Mary Gates wife of Wilson L. Gates aforesaid, the only child of the said Timothy Gates (the Revolutionary Pensioner aforesaid) and Susannah Gates (or either of them) [crossed out] the elder who now survives.

She makes this declaration for the purpose of obtaining the arrears of Pension due her said mother under the act of July 4th 1836, or the act of 7 July 1838 or other act of Congress which may be applicable, and refers to the declaration and the evidence in support of the same, on file in the Pension Office.
Mary Gates
her X mark
Sworn to and subscribed, the day and year aforesaid, before me. and I certify that said Mary Gates is unable by reason of lameness and bodily infirmity is unable to attend or go before the Court. 
William Sylvester J.P.

Page 48

Know all Men by these Presents, THAT I, Mary Gates of Laurence County Ohio daughter of Susannah Gates, deceased, hereby constitute and appoint J. J. Coombs Esq, of Washington City my true and lawful Agent and Attorney, to prosecute the claim of my said Mother for any amount of Revolutionary Pension, or Increase of Pension, that may be due; and I hereby authorize my said Agent to examine all the papers and documents in relation to said claim, on file in the Departments at Washington City, or elsewhere; to file additional evidence or arguments; and to receive the Certificate which may be issued for said Claim, which Certificate I wish payable to myself, the only surviving child of said Susannah Gates deceased, to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do were I personally present. Hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.
WITNESS my hand and Seal this 11th day March A.D. 1855
her
Mary X Gates
mark
Signed and Sealed in the presence of 
JP Gates
T R Stanley
STATE OF Ohio
COUNTY OF Laurence SS:
On this 11th day of March A.D. 1855 before me, the subscriber, a Justice of the Peace in and for the County aforesaid, personally appeared Mary Gates above named and acknowledged the foregoing Power, of Attorney to be her act and word, for the purposes therein mentioned.
IN TESTIMONY WHEREOF, I hereunto set my hand, 
the day and year aforesaid.
William Sylvester J. Peace.

Page 49

STATE OF Ohio
COUNTY OF Lawrence }ss.
BE IT KNOWN, that on this tenth day of March A. D., eighteen hundred and fifty five, before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Mary gates a resident of Aid Township in said County, and made oath according to law that she is the daughter of Susannah Gates the Elder, who was the widow of Timothy Gates a Revolutionary pensioner of Washington County Ohio deceased that she is directly interested as a claimant in said Pension, and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Mary Gates
her X mark
Sworn to and subscribed, the day and year aforesaid, before me.
William Sylvester J. Peace.}

I, William Sylvester a Justice of the Peace, in and for said County do hereby certify that Mary Gates  who executed the foregoing paper is a resectable resident of this County, and is, I believe, directly interested in said claim as therein set forth.
STATE OF Ohio
COUNTY OF Lawrence}ss.
I, J. M Camp Clerk of the Court of Common Pleas in the County and State aforesaid, do certify that William Sylvester before whom the foregoing papers were executed, was, at the date of the same, a Justice of the Peace in and for said County, duly authorized by law to adminsiter oaths; and the name thereunto subscribed is his signature.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed my official Seal, this 29th day of March A. D. 1855

J.M. Camp CLERK.
W.H. Harris deputy

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The State of Ohio, Lawrence County Ss.
On the tenth day of March 1855, before me a Justice of the Peace in and for said County, personally came Stephen Gates, a resident of said County, a brother of Wilson L. Gates, and also Abel H. Gates a son of said Wilson L. Gates, the said Stephen aged Sixty two years makes oath and says, that he was well acquainted with Timothy Gates and his wife Susannah the Elder in their lifetimes — that the said Susannah after the death of her said husband which was in 1822, never again married but remained the widow of said Timothy until the seventh day of March Eighteen hundred and thirty nine when she died in Randolph County in the State of Indiana as this applicant soon after learned. he recognizes the hand writing of the accompanying letter signed by Timothy Gates and dated august 21, 1841, giving account of the death of said Susannah Gates, as the hand writing of Timothy Gates the younger her son who then lived in Randolph County Indiana, and afterwards moved to Jersey County Illinois where he has since died. The said Susannah the Elder when she died left three children, Timothy, Susannah and Mary Gates. The two former have since died leaving Mary Gates the wife of Wilson L. Gates both now here present the only child who now survives.

Page 51

The said Timothy Gates the Elder was an uncle to this applicant. He has no interest whatever in the application for arrears of Pension. He had heard of the death of said Susannah previous to this letter, but knows of no other now living. He has no doubt whatever of the genuineness and the truth of this letter and that said date of her death is correct. The said Ruby Abby to whom the letter was directed was a sister of said Mary gates but died many years since. He recollects that the death of the said Susannah the Elder was in the year before the Election of Gen Harrison and that he heard of it before said Election. I recollect the said Timothy Gates the Elder almost as long as I remember any person have hunted and camped out with him and heard him tell many times of his service in the revolution and among other things I have frequently heard him tell of his leaving his wife to go and fight the British after they were married.
The said Abel H. Gates aged thirty five years last July makes oath and says, that he is personally acquainted with the same facts as stated herein above except the death of said Timothy Gates the Elder and the conversations with him. he knows the hand writing of said letter to be that of Timothy Gates the Younger with whom he was well acquainted. The statements above named are true according to the personal knowledge of this applicant with the exception

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above named. I have no interest whatever in the said application except that of feeling an interest for my parents
Stephen Gates
Abel H. Gates
Sworn to and subscribed before me the day and year above written, and I certify that the above Stephen Gates and Abel H. Gates are credible witnesses
William Sylvester J.P.

Page 53

August 21st 1811 [?]
Dear sister you have no doubt been anxious to hear from me I now imbrace the opportunity to inform you we are well we heard that you and your family was well when Wm Davis left Washington County he says you have made a misstake in making chois of a second Husband I think if he tells the truth you may be glad of one yoke of oxen has freed you from that Contract. we wish youd write and let us know the situation of your family and whether old Mr Abby is living and where he is and how he is have you hared from [illegible] at all. we want to hare from our Relation in that section of the Country. Mr James Asher of Sayr our Cousin James Gates informed him that our relation in Gallee County ware well last June. Jacob is in Illinois at [entire line illegible] Chandlers family fare well. Last April they live seventy six milds from Samuel Gates. I expect you have hard of the Deth of Henery Chandler and Daniel Bliss Bingham Mrss Chandler and his famely are well. Jacob told us you wished to name more particulars about Mothers Deth then what you could lern from the Letter of [illegible] wrote to him soon after she Died.

Page 54

she was as well while we were moving as she had been for several months be fore she said she was as comfortable as if she was [illegible] She Remarried in mutch the same state of helth as when you see last her strength graduly faild the day be fore she Died Matilda too a hymn book which was composed of hymns taken from several authers and began to read [illegible] she observed Mother was setton listening she moved near her and read from that and asked whose Composier it was Mother said Hath she read [illegible] [illegible] of the same aurther and mother knew them She then read from Cowper mother said that is not illegible] she was taken with a headache in the night befour she Died and symptoms of Mantisycation [?] appeared in the morning she Died on the seventh of March 1839 when the women that had attended saw she no more they proceeded to lay her out she became strate so that she could be put in a coffin not mutch more then common detth. if you care: I wish you to let the rest of your relation see this Letter Brother Jacobs widow has a Cansor on her Brest that Confines her to her bed and will soon end her life

Page 55

the rest of her family are well William is married this from your brother 
Timothy Gates to Ruby Abby
Direct your letters to Hillgrove Dark County Ohio or to Mount Holly Randolph County Indiana

Page 56

The State of Ohio
Lawrence County} Court of Probate

It is hereby certified that satisfactory evidence has been submitted to this court by the testimony of Stephen Gates and Abel H. Gates, credible witnesses (whose testimony was taken before Wm Sylvester Esq a Justice of the Peace of said County, and herewith returned.) That Timothy Gates who was a Revolutionary Pensioner of the Unites States, died in Washington County Ohio in the year 1822, leaving Susannah Gates his widow, who did not again marry but remained his widow until the Seventh day of March Eighteen hundred and thirty nine when she died in the State of Indiana while residing there with her son. That said Susannah Gates left surviving her three children, to wit— Timothy Gates then of Randolph County Indiana, afterwards of Jersey County Illinois Polly or Mary Gates wife of Wilson L. Gates now of Lawrence County Ohio, and Susannah Gates then of Athens County Ohio — That the said Timothy Gates late of Jersey County Illinois and Susannah Gates late of Athens County Ohio have since died leaving the said Mary Gates of Lawrence County Ohio, the only child of said Susannah Gates the Elder who now survives.
In Testimony whereof, I, Fletcher Golden Judge of the Court aforesaid in open Court hereto set my hand and the seal of said Court at the Court House in said County this 29th day of March A.D. 1855.
Fletcher Golden Judge

Page 57

State of Illinois
County of Jersey}Ss. 

Be it remembered that on this fifteenth day of November in the year one thousand eight hundred and fifty one personally appeared before me the subscriber a Judge of the County Court in and for the county and state aforesaid Timothy Gates aged 66 years, a resident of said county and state, to me well known and who being by me first duly sworn according to law deposes and says that he is the son of Timothy Gates, deceased, who was a Revolutionary Pensioner of the United States, and who died on the 19th day of October A.D. 1822. That the said Timothy Gates, his father, was a private in the Massachusetts continental line in the war of the Revolution and was pensioned at the rate of ninety six Dollars per annum and placed on the roll of Pensioners of Washington County in the state of Ohio, on the 31st day of May 1819, as well as he believes, as well as the date of his death, appear by reference to the record of the Pension Office, and which pension he received up to the date of his death aforesaid.
And deponent further states that his said father Timothy Gates decd. died leaving surviving him a widow, the mother of this deponent who remained his widow until the 7th day of March 1839 when she died; never having received a pension under any of the Pension laws of the United States.
And deponent further states that his said mothers name was Susannah Gates; that she was married to his father the said Timothy Gates, at Bridgton in the county of Cumberland in the state of Maine, on the fourth day of December in the year seventeen hundred and seventy seven, as will appear by proofs filed herewith: And deponent further states that his said father and mother, as he has been informed and believes, resided in Bridgton in the state of Maine until the year of our Lord, seventeen hundred and ninety four, when they moved to Waterford Township, Washington County in the state of Ohio

Page 58

where they continued to reside until the 19th day of October 1822, the day of the death of his said father. And deponent further states that he has always been informed and believes and does now believe that the said Timothy and Susannah Gates were the parents of the following names children viz: Jacob gates, born in the year 1778 and who is now dead: Susannah Gates, born in the year 1788 and who is now dead: this deponent Timothy Gates, born 23d October 1785 and Mary gates, born 21st October 1795 and now a resident of Athens County in the state of Ohio, and none other.
And deponent further states that he makes this declaration for the purpose of receiving his portion of the pension to which his mother the said Susannah Gates died entitled and left unclaimed under any or either of the Pension laws passed by Congress for the relief of the surviving widows of officers or soldiers, who served in the army of the revolution.
Timothy Gates
Subscribed & sworn to before me this fifteenth day of November 1851.
Geo. E. Warren Judge County Court

State of Illinois
County of Jersey}Ss.
 Know all men by these presents, that I, Timothy Gates of the said county and state named in the foregoing affidavit one of the heirs at law of Susannah Gates deceased, have constituted and appointed and by there presents do constitute and appoint Clement W. Bennett of Washington City D.C. my true and lawful attorney, for the purpose of asking, demanding and receiving from the proper officer of the United States any and all sums of money which may be

Page 59

found one one as heir at law as above, for arrears of Pension undrawn by the said Susannah Gates - or to which  she would have been entitled, or was entitled at the day of her death under any of the Pension laws of the United States: and hereby authorize him my said attorney to receive and receipt for the same in may name or otherwise and to do all such acts as may be necessary to recover the same. Hereby confirming whatsoever my said attorney shall do in the premises legally by virtue hereof. In witness whereof I have hereunto subscribed my name and affixed my seal this fifteenth day of November A.D. 1851.
Timothy Gates
Witness
Geo. E. Warren.


state of illinois
County of Jersey}Ss.
Be it remembered, that on this fifteenth day of November A.D. 1851. personally appeared before me the undersigned a Judge of the County Court in and for the said county, Timothy Gates, to me well known and acknowledged in one form of law that he had executed the foregoing power of attorney for the uses and purposes therein expressed.
Geo. E. Warren
Judge. County Court.
State of Illinois
County of Jersey} Ss.
I, George W Lowder Clerk of the County Courts of said County, do hereby certify that the Honl. George E Warren whose name appears subscribed

Page 60

to the foregoing affidavit and certificate, and before whom the said affidavit was made, and power of attorney acknowledged, was at the time of so doing a Judge of the County Court in and for said county, a Court of Record, only authorized by law to take the same.
In testimony whereof, I have hereunto subscribed my name and affixed my official seal, as Clerk aforesaid, this 18th day of November A.D. 1851.
Geo. W. Lowder clerk