Revolutionary War Pension and Bounty Land Warrant Application File W. 18902, David Choate, Continental (Mass)

SERVICE
NUMBER
Continental (mass)
Choate, David
W. 18902
Miriam
CONTENTS

4906.
Massachusetts Miriam Choate
widow of David Choate M h who served in the Revolutionary
war, as a Pirate Inc. for $20
Inscribed on the Roll at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 7 th day of Oct. 57 and sent to J. G. G. Admiral Present
Recorded on Roll of Pensioners under Act February 2, 1848, Page 27 Vol. 2,

1536 2997 Miriam Choate.
A
Mama 1791
died 1808
Allan bond as
joint $20
per am. per
Mar 4 1826
At 7 July 1831
Mr J. Lewall, Dan. Church Office 1831

Declaration
In order to obtain the benefit of the act of congress passed July 7 th 1838, entitled an act granting half pay & pensions to certain widows.
State of Massachusetts, Essex County, ss.
On this fourth day of August 1838 personally appeared before the Honorable David Cummings Judge of the Court of Common Pleas for the state of Massachusetts Miriam Choate a resident of Essex in the county of Essex & State of Massachusetts, aged 86, who being first duly sworn, acknowledged to law, both on her oath, declared make the following declaration, that in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838, entitled an act granting half pay & pensions to certain widows, that she is the widow of David Choate, formerly of Chebacco Parish in Ipswich, now Essex, who served as a private in the war of the revolution during the period of six months in the year 1780. in the company of Capt. John Burnham & in the Regiments of Col. Gimat & Col. Michael Jackson. At Fresh Point - & about that place as will more fully appear by the evidence submitted & by the rolls of the army -

She further declares that she was married to the said David Chaete on the fifteenth day of October in the year seventeen hundred & ninety one, that her husband the aforesaid David Chaete died on the Twenty Eighth of March in the year eighteen hundred & eight & that she was not married to him previous to his leaving the device but the marriage took place prior to the first of January seventeen hundred & ninety four vis. at the time aforesaid -
Minerva Chaete
Sworn to & subscribed at the day & year above written, the applicant being unable by reason of infirmity, to appear in court.
Before me David Chaete

I Ebenezer Burnham.
Town clerk of Ipswich, in the County of Essex and Commonwealth of Massachusetts, on oath testify that I am the Town clerk of said Ipswich and have the custody of the record of Marriages therein, and the following is an extract from said records viz.
Seventeen hundred ninety one October fifteenth David Choate and Miriam Foster then both of Ipswich were joined in Marriage by Elisha Whitney Esq r as appears by the records of Marriages in the town of Ipswich.
Ebenezer Burnham. Town clerk of Ipswich.
The above is a true copy from the Record with the exception of the date, which is expressed in fair legible characters figures, as follows viz
"1791 Octo 15 th David Choate & Miriam Foster both of Ipswich"
Ebenezer Burnham. Town clerk of Ipswich.
State of Massachusetts
Essex ss. August 14, 1838.
Then personally appeared the above named Ebenezer Burnham and made oath that the facts contained in the above certificate made by him are true.
Before me
Charles Kimball, Justice of the Peace.

Extract from the record of births of the town of Ipswich in the county of Essex and state of Massachusetts.
David, son of William and Mary Choate, born November twenty ninth, seventeen hundred fifty seven.
I certify, that the above is a true extract from said records, with the exception of the date, which is expressed on the record in fair and legible letters and figures, as follows, viz.
"David, son of William & Mary Choate, born Nov 29th, 1757."
Alfred Kimball, Town clerk.
I Alfred Kimball above named depose and say, that I am the clerk of said town of Ipswich and have the custody of the records thereof; and that the above is a true extract from said records, with the exception above named, as certified by me. And I further certify, that I have examined said records from the year 1700 to the year 1770, and do not find the record of the birth of any person of the name of David Choate, except the person above mentioned.
Alfred Kimball, Town clerk.
Essex, ss. Ipswich, June 5, 1849. Then personally appeared Alfred Kimball above named and made solemn oath to the truth of the foregoing deposition by him subscribed.
Before me,
Nathl. Lord Jr., justice of the peace.
Commonwealth of Massachusetts.
County of Essex, ss. Probate office.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that Nathaniel Lord junior esquire, before whom this deposition of Alfred Kimball, town clerk, purports to have been taken, is a justice of the peace for said county, and that his name, subscribed to the certificate thereon, is his genuine signature.
Given under my hand and seal of office this fifth day of June, A.D. 1849.
Nathl. Lord Jr.

W. Div. W 18,902 L. W. B.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. C.,
November 23, 1896.
Madam:
Replying to your request for information concerning the military record of David Choate, a soldier of the Revolutionary War, you are advised that Miriam Choate, widow of David Choate made application for pension August 4, 1838, at which time she was 60 years of age and residing at Essex, Essex county, Mass., and her pension was allowed for the actual service of her husband as a private in the Mass. troops, Revolutionary War, for a period of six months; a part of the time he served under Capt. John Burnham and Col. Gnat. Place of enlistment not stated.
Very respectfully,
Commissioner.
Miss Florence A. Ingalls, 125 Boutelle Ave., River Forest, Ills.

DEPARTMENT OF THE INTERIOR,
O. W. & N. Div. F. S. H. E. C.
BUREAU OF PENSIONS,
WASHINGTON, D. C., January 22, 1896.
Sir:
Referring to your request for information concerning the military services rendered prior to the year 1780 by David Choate, a soldier of the Revolutionary war, you are advised that the pension papers of his widow have been examined and in her application she made made the following statement relative to her husband's services during the period above mentioned:
"That she is the widow of David Choate who was a private in the company of Capt. Jonathan Cogswell from April 19th, 1775 - three days -, who was also a private in the company of Capt. David Low, in Col. Jonathan Cogswell's regiment, as appears by said Capt. David Low's Return on the 30th of April, 1778, and in his return of July 30th, 1778, and believed by the applicant to have served in said company not only during the whole interval between those two dates being three months, but from the 7th of May, 1776, to the said 30th of April, 1778, a period of two years, eleven months and 23 days, this being inferred from the fact that said David Choate was in the said company of Capt.

David Low at the time of his promotion from Lieutenant to Captain, which was May 7, 1776, also a private in the company of Capt. Thomas Cummings, in Col. Jacob Gerrish's Regt. from October 14 to Nov. 22, 1779, including 12 days for 240 miles of travel, being one month and 20 days."
Very respectfully,
Commissioner.
Rufus Choate, Esq.,
Essex, Mass.

I, Mary C. Baker, of Ipswich, State of Massachusetts, upon oath say, that I was personally acquainted with David Choate, formerly of Ipswich, now Essex, and that he was the son of William and Mary Choate; also that he left a widow, Miriam Choate, who is still living, and who is an applicant for a pension, on account of the Revolutionary services of her late said husband. My age is eighty two years.
Mary C. Baker
Essex ss. June 5th, 1849. Personally appeared before me the subscribing Mary Baker, above named, and made oath to the truth of the foregoing declaration, by her signed. Before me
David Choate
Justice of the Peace.
I, John Perkins, of Essex, formerly a part of Ipswich, State of Massachusetts, upon oath say, that I was personally acquainted with David Choate, formerly of Ipswich, now Essex, and that he was the oldest son of William and Mary Choate, and that he left a widow, Miriam Choate, who is still living and who has is an appli- cant for a pension on account of the Revolutionary services of her late said husband. My age is seventy four years. John Perkins
Essex ss. June 6th, 1849. Personally appeared John Perkins, above named, and made solemn oath to the truth of the foregoing declaration by him subscribed. Before me,
David Choate, Justice of the Peace.

David Elliott within named is known to me to be a duly ap- pointed magistrate of the Co. of Es- sex in the County of Mass.
David P. Root. Dawes (Mass) June 7, 1849. — J. M. C.

River Forest, Ill
Oct. 24-1896.
Commissioner of Pensions Washington, D.C.
Dear Sir:
Kindly inform me if David Choate of Enfield, W. N. ever drew a pension for service in the War which established American independence. He was born (I think) Nov. 27-1757.
If you have any record of his services, kindly say also to what Company & Regiment he belonged. Yours respectfully
Florence A. Sugalls 125 Boutelle Ave.

Evidence in the case of Miriam Choate referred to in the Comm's Report.

O. W. & N. Div.
Department of the Interior, BUREAU OF PENSIONS,
Washington, D. C. Nov 9 1896
Respectfully returned to the writer, who is requested to furnish, for purposes of identification, as much as possible of the information called for below.
W. J. Murphy John Lockhart Commissioner.
Full name of soldier:
David Leboate
Place of residence before service:
(Town, county, and State, if possible.)
Chetacoo Parish in Ipswich
Place of residence after service: now Essex.
(Town, county, and State, if possible.)
Mass.
Same
Date of death (as near as possible):
March 26 - 1888
Christian name of widow:
Miriam
Did either he or his widow receive a pension?
Do not know
Remarks:
Your name and address:
Florence A. Ingalls
125 Bontelle Ave
River Forest, Ill.
2338b2m
L. W. B.

lp
Essex Mass. Dec. 16, 1895
Officer in Bureau of Pensions Washington D.C.
Dear Sir
David
Choate of Ipswich Mass. was a Revolutionary Soldier and his widow, Miriam F. Choate, received a Pension.
I wish to learn the facts that may be known to the "Pension Bureau" concerning his service previous to 1780. I am well informed as to his campaign in 1780 - June to Dec. but I desire to know particularly about the campaign at Lake Champlain or Lake George in 1776, and also about any other cam-

payn earlier than 1780. Under what officers did he serve - length of terms of service yet. He was a private as I suppose.
I should be glad also to know the amount of pension money paid to his widow.
I am Very truly yours Rufus Choate Essex Mass.

Shiram Choate
B
Act 43 1657 + 44, 1774,
Adm o
Act 43 & 44
at $20 per annum
Adm o act
'48
at $20
How D. P. King, Daufer Map.

Commonwealth of Massachusetts.
Secretary's Office, November 17. 1848
I hereby Certify, That at the date of the attestation hereto attached, David Shvale was a Justice of the Peace for the County of Essex.
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
M. G. [unclear]
Secretary of the Commonwealth.

DECLARATION
In order to obtain the benefits of the act of Congress of 2d February, 1848, entitled, "An act making further provision for surviving Widows and Soldiers of the Revolution."
COMMONWEALTH OF MASSACHUSETTS, } ss. Essex COUNTY, }
On this thirteenth day of November 1848, personally appeared before the subscriber, a Justice of the Peace, in and for the county aforesaid,
Miriam Choate a resident of Essex in the county of Essex , aged seventy six years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the Revolutionary war. That she is the widow of David Choate who was a resident of Essex (that part which is now Essex) and who was a private in the War of the Revolution and is the identical person who drew a pension under the Act of 17th June, 1844  July 1838 , on account of the Revolutionary service of her late husband aforesaid, at the rate of twenty dollars and cents per annum.
She further declares that she is still a widow.
Miriam Choate
Sworn to and subscribed on the day } Before me, and year above written, }
In presence of Helen M. Choate
David Choate
Justice of the Peace.
I Certify , That the declarant is personally known to me, a widow and a pensioner, as she declares.
David Choate
Justice of the Peace.
COMMONWEALTH OF MASSACHUSETTS, } ss. COUNTY, }
Clerk of the State aforesaid, do hereby certify that is a Justice of the Peace, in and for said County, duly and that his signature, above written, is genuine.
The Seal of said Court, this

Commonwealth of Massachusetts.
Secretary's Office, Boston:
January 12 th 1849.
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 David Choate is borne upon a Muster Roll of Capt Jonathan Cogswell's Company of Ipswich as a private, from April 19 1775, 3 days.
Upon a Return of the 3 d Company Commanded by Capt David Low in Col Cogswell's Regt as a private, no service named. said Return is dated "April 30 th 1775."
Upon another Return of said Capt Low's Company in Col Cogswell's Regt as a private, no service named, this Return is dated, "July 30 th 1775."
Upon a Pay Roll of Capt Thomas Cummings's Company in Col Jacob Gernish's Regt from the Counties of Suffolk and Essex, as a private from October 14 to November 22 1779, including 12 days allowed for 2100 miles travel 1 month & 20 days. — Upon a

Return of men who enlisted to serve in the Continental Army for the term of 3 years as a private of Ipswich enlisted March 14 1781 for the term of 3 years.
Upon an Account of the Bounties advanced by the town of Ipswich to the 3 years men of Ipswich, agreeably to a Resolve of the General Court of the 2nd of December 1780 received £94- dated, Ipswich, January 18 1782".
And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
W B Cushing
Secretary of the Commonwealth.
The preceding evidence of service of any one of the name shown by the Military records in this Office.

3696 I am now seventy six years old, and my memory does not enable me to state the services more fully than above stated.
WITNESS my hand, this thirteenth day of December , A. D. 1845. Miriam  Choctaw
Signed by said in my presence,
Miriam Choctaw David Choctaw
JUSTICE OF THE PEACE.

APPLICATION FOR CERTIFICATE OF REVOLUTIONARY SERVICES,
made by the Widow of the party who rendered the service.
State of Massachusetts County of Essex Town of Essex
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office, of the service of Darri  Choate in the war of the Revolution.
He was a native of the Town of Ipswich (the part which is now Essex ) in the County of Essex and State of Massachusetts .
He enlisted from the Town of Ipswich in the County of Essex and State of Massachusetts in the year 1776 as a private in the Company commanded by Captain Darri Low in Col. Jonathan Cogswell's Regiment of Militia and he served as follows, * viz: for two years and six months ;
First in the company of Capt. Jonathan Cogswell  David Low being Lieutenant and Francis Perleins , Ensign. The time of enlistment cannot be accurately determined by me, but was before "May 7, 1776." Said David Choate was on "Captain David Low's Return of Men, Apr. 1778" and David  Choate was also in Capt. David Low's company, namely, "the third company of the third Regiment in Essex commanded by Col. Jon a Cogswell taken July 30th, 1778." Although I have stated above that "he enlisted as a private in Capt. David Low's company," yet it appears that his enlistment was previous to David Low's promotion from Lieutenant to Captain Cogswell's promotion from Captain to Colonel, and from then Cogswell's commission as colonel as colonel is dated "February 14th, 1776," and David Low's commission as assistant is dated "May 7th, 1776." The service of said David Choate  therefore commenced before "May 7, 1776" and continued after "July 30, 1778." These facts are derived from the official papers of Col. Jon a Cogswell , now in hands of his daughter.
* Here describe as fully as may be, the length of service, the rank &c. of the claimant, or the capacity in which he served, and all other particulars known.

Jan. 22, 1896
History sent - Rufus Choate, Essex, Mass
96 % Miss Lucia A. Ingalls Forest, Ills.
WIDOW, &c.
M.
File No. 18902 Miriam Choate Widow of David Choate Am Rev. War.
Nov 28 Flora River
Act: Febry 11 th 18 48 Index: Vol. 14 Page 132
[Arrangement of 1870.]

Pension Office May 21, 1849
Sir
In answer to so much of your letter of the 15 th inst. as relates to the case of Miriam Chewat widow of Daniel Chewat I have the honor to inform you, that a report was made to you in her application for increase on the 3 rd March last, a copy of which is herewith enclosed. The evidence required by that report does not appear to have been received.
Respectfully Your obedt Servant J L Edwards
Hon. D. P. King Danvers Mass

38
Washington
Sept 24/31
L. Godwin
Appeal from the decision of the Committee of Pensions in the case of Miriam Choate widow of David Choate decd.
Referred to the Committee of Pensions for a report Sept 24/31

G
Hon. J. L. Edwards Pension Office War Dept. Washington D.C.

Essex Mass Oct 31. 1838.
J. S. Edwards Esq.
Sir, I enclose the Declaration & accompanying documents, relating to six months' service of my father, David Choate, in the Revolutionary War; and the petition of my mother for a pension under the late pension law. I would request Sir your attention to the same, and hope the documents will prove satisfactory.
Allow me to request you Sir, to hence this note to Doct. M. Sewall of your City, who has kindly interested himself in the case.
With great respect I am
Your most obt. Servt.
David Choate
Doct. Sewall may understand that his Essex friends are well D. C.

Department of the Interior Washington October 6. 1851.
Sir,
I have examined the papers in the case of Miriam Choate appealed from you by her attorney J. Godwin Esq. and have to inform you that your decision in the case has been reversed. You will therefore allow the claim of the applicant, and issue a Certificate accordingly.
I am very Respectfully Your obedient Servant Alex. H. H. Stuart Secretary.
over.
James E. Heath Esq. Commissioner of Pensions [Signature] over.

P.S. The Rev. Thos. Sewell a grandson of the applicant is a clerk in this department and confirms the statement of the attorney that she is the mother of the Hon. Rufus Choate.
M.C.

(6 Sep Sept.) 29. 1857.
To Hon. Mr. Heath, Commissioner of Pensions;—
Sir, I received yours of 17 th inst., early, but till this moment have found it impossible to reply, on account of pressing engagements.
I regret, Sir, to learn that the proof of the identity of the Applicant's husband, with the David Ghoate who enlisted for three years service in the Continental Line, in 1781, should still be considered "unsatisfactory."
Allow me to say, Sir, most respectfully, but firmly, that the evidence upon this point is of the very kind indicated and required by Mr. Commissioner Eawens, and yet which he at once repudiates as insufficient. By his letter to Mr. King (I am unable to give the date, as that letter is just now out of my hands,) he called on the applicant to furnish proof "from some source entitled to credit, that there was no other David Ghoate belonging to Ipswich capable of bearing arms during the war, besides her husband." The proof of this fact was full and triumphant. It consisted of the certificate of the Town clerk of Ipswich (his official character being duly certified by the Register of Probate,) showing that after a full

search of the town Records from 1700 to 1770, it appears there was no David Choate, except the son of William and Mary Choate. Then followed the Affidavits of Mary C. Baker and John Perkins, both of whom swear that the said David Choate was the husband of the Applicant, Miriam Choate. These proofs Sir, now on your files, I respectfully submit are, in the language of Mr Edwards, "from sources entitled to credit." I certainly know of no higher sources; neither can I conceive of any. One David Choate only upon the town Records from 1700 to 1770, and that one the husband of the applicant, and yet the proof of identity not satisfactory! -
Suppose Sir, that, in the absence of this evidence, respectable persons have deposed that there was no other David Choate to their knowledge (and this is all that any one can say,) how unreliable would this have been, for there might, surely have been others in a population of 5000 or more without their knowledge. But the full and solemn record which we produce, in the absence of counter testimony, would surely settle the question of identity in any court of justice.
I was pained to observe the suspicious ingenuity, when the above proof was furnished him, which led him to say that the Applicant ought to furnish the Office Dept. with the soldier's (David Choate's) own written statement of the service rendered ; as though a memorandum kept by a common soldier, or pretending to have been so kept, would be proof of a three years en-

testimony sufficient for granting a pension upon! - Could this have been the kind of proof which the Dept. has previously called for, or intended, when the commis- sioners informed us, it must be "from a source entitled to credit"? The thing is impossible.
Now, Sir, it is true that some fragments of a mem- orandum were found in the house of the Applicant, some years ago, which appeared to have been made while the applicant's husband was in the army. But does it follow that he kept a journal of his entire service during the war? The memorandum referred to, related to his first enlistment for six months only in New York, I believe. While the occupation was novel, and one not expected to be continued by him probably, he seems to have kept the journal referred to, a few leaves of which the applicant was able to find. Does it follow I say, that he must have kept a journal of all his subsequent service? Or suppose one had been kept, does it follow that it could afterwards be found? for to say nothing of accidents in the army (by any one of which it might have been lost) the applicant's said husband removed his family twice, after the war, so that scraps of paper would have but a small chance of preservation. And then if kept & preserved, they could have been of but very little value in proving service - for if such papers were here by the Dept., to be proof, how easy to impose upon the Commissioner's credulity with fraudulent or forged journals!
And now Sir, in reply to the objections contained in your own letter of 17th inst. You deem

it, "somewhat remarkable that in her original application for a pension, and her application subsequently to the Comptroller of the State of Massachusetts, for a certificate of the service of her husband, she should have omitted to mention his regular service for three years, while she refers to previous, and less important services in the Militia". And you deem it a fair presumption to suppose, that if her husband had enlisted for three years, in the Continental service, he would have alluded to the fact so often and in such a way, as to have made it uppermost in her memory."
Now allow me to say Sir, I do not see the force of the objection. The facts are these. David Cluett the soldier died in 1808. Many years subsequently, the journal referred to was found among old papers. The names of the officers of the Regiment in which he served about six months were found there. An application was made for a pension grounded upon the few facts so derived; that application was sent to the care of a son in law of the Applicant, Doct. Sewall, then residing in Washington. Doct. Sewall was a personal friend and acquaintance of the then Commissioner on Pensions. Upon that Application, so supported, the Dept. proceeded to grant a pension of 20 dollars a year. — All this while however, it was

believe by the applicant that other, and more important, service was rendered. The "repeated allusions of the soldier to such service" in his life time, as you were remarked were not, wanting, and the oft repeated allusion to it by others did indeed make it "uppermost in her memory" - but these allusions were not proofs , and an application for a pension founded upon them would have been dismissed by the department of course.
It was in the month of November 1848, while searching the Rolls, Orders, Receipts and other papers of Col. Jonathan Cope of the Army, and of this Town, at the request of Mr Kelly of Concord, N. H. a pension agent, for evidence of the service of one Thomas Burrough, that I most unexpectedly met, with the name of Darrel Choate , and that frequently during my search. I then and then discovered the important fact (or rather the legal evidence of it) that he enlisted for three years, and during those years received the Town's bounty of £94. I think granted to the three years men. Upon this discovery, the applicant proceeded to establish the proof of service, and that proof is before you; and I ask if there is anything very "remarkable" in the case?
Was she forbidden to ask a pension for the previous and less important services of her husband, till she could procure the necessary evidence of the

the three years enlistment in the continental service? - Was she to lose the benefit of such proof as could be found of six months service, till she could furnish all the proofs required by the gloomy rigor of the Pension office Rules of the service of 3 years? - Her "memory" like the her husband's "allusions" both fell short of the legal ev- idence - that she knew full well; and but for the ac- cidental search referred to for another purpose the proofs she has since offered, would have slept in the soldier's grave.
Sir, It was Mrs. Glocate's  her intention from the beginning to make no fur- ther application while Mr. Edwards should remain at the head of the Department. - She indulges the hope now, however, that a renewal of her application will avail. Allow me to state my own personal belief that it certainly will.
With much respect, Sir,
I am &c
David Glocate
Hon. Mr. Glocate - Com. Pen. -

(Copy)
Pension Office, Sep 17 / 51.
David Choate, Esq. Essex, Mass.
Sir: I have examined the papers in the case of Miriam Choate, widow of Rand, claiming an increase of her pension under act 7 July 1838. The increase cannot be allowed, without further satisfactory proof of the identity of her husband, as the David Choate, who was enlisted to serve for three years in the Continental Line in 1781.
It is somewhat remarkable, that in her original application for a pension, and her application subsequently to the Comptroller of the State of Massachusetts, for a certificate of the service of her husband, she should have omitted to mention his regular service of three years, while she refers to previous and less important services in the Militia. It is a fair presumption to suppose, if her husband had enlisted for three years in the Continental Line as stated, he would have alluded to the fact so often and in such a way as to have made it apparent in her memory.
Very truly (Signed) J O'Keath Censor

Miriam Choate
Adm d 2 yrs per share Sub d to $80 per share del d g former pay d at $20 per share
(16)
38
43440
48
S. Godwin Present

Loan to David Choate Sept 17/51
4906.
Massachusetts Miriam Choate widow of David
who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 20 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 28 day of June 1849 and sent to
Hon D. P. King Dawes Mass
Recorded on Roll of Pensioners under act February 2, 1848, Page 27 Vol. 2

8576.
Massachusetts Miriam Choate
widow of David who was a private in the Revolution
Inc. $20
Inscribed on the Roll at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 7 day of Oct. 1857 and sent to
S. Gasson Present
[Acts of March 3, 1843, & June 17, 1844.]
Recorded in Book A Vol. 2 Page 24

8576
Massachusetts
Miriam Choute
widow of David.
who was a Private
in the Revolution
Inscribed on the Roll at the rate of 20 Dollars
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 28 day of June 1849 and sent to
Hon. D. P. King Dawes Mass
[Acts of March 3, 1843, & June 17 June 17, 1844.]
Recorded in Book A Vol. 2 Page 27

Be now all men by these presents, that I, Miriam Choute of Essex, in the County of Essex, States and com- monwealth of Massachusetts, United States pensioner, have constituted, ordained and made, and in my place and stead put, and by these presents do constitute, ordain and make in my stead and place put, Giles F. Yates Esq. of New York City, to be my true, and lawful Attorney for me, and in my name and stead and to my use, to ask, demand, levy, require, recover and receive of the United States Pension Department, or the U. S. Commissioner of Pensions at Washington City, sums of money due to me at said office, now in arrears, on account of the services of my late hus- band, David Choute deceased, who was a private in the War of the Revolution, as are found to be owing, payable, belonging and coming unto me the said Miriam Choute. Hereby giving and granting unto him, my said Attorney full power and author- ity to ask for and recover my said pension now in arrears, and substitutes under him to appoint.
In witness whereof I have hereunto set my hand and seal, this fifth day of September, in the the year of our Lord one thousand eight hundred and fifty one. Signed, sealed and delivered in presence
Miriam Choute Rufus Choute

Essex ss. Sept. 5th. 1851. Personally appeared Miriam Ghate, within named, and acknowledged the within power of Attorney to be her free act and deed. Before me,
David Ghate Justice of the Peace,
Suffolk ss. I, Miles H. Yates within named hereby constitute & appoint Shimeul Godwin Esq. of Washington D.C. my substitute & attorney to act for me in the within described matter. Hereby ratifying & confirming all & whatsoever my said substitute shall lawfully do or cause to be done in the premises. (Witness my hand & seal this 18 th day of Septem r 1851. In presence of & acknowledged? before me Edward A. Payson and Justice of Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, Sept. 20 th 1851
W hereby C ertify. That at the date of the annexed attestation David Choate was a Justice of the Peace for the County of Essex; and Edward A. Rasmussen was a Justice of the Peace for the County of Suffolk.
in the said Commonwealth, duly commissioned and qualified; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Isaac Walker Secretary of the Commonwealth.

Appeal from the decision of the Commissioner of Pensions in the case of Miriam Choate, an applicant for an increase of Pension as widow of David Choate decd. a Revolutionary Soldier.
Brief.
The commissioner of Pensions bases his rejection of this claim for an increase of Pension on the ground "that the proof of identity is not satisfactory". His reason conclusions being deduced solely from the fact, that the petitioner had originally - on the 4 th Aug 1838, only claimed for six months service in the year 1780, which claim had been allowed and a pension granted at the rate of $20 per annum, under the act of July 7. 1838, inferring therefore that the declaration filed Jan'y 18. 1849, which sets forth an additional service of three years or thereabouts (marked D) probably referred to the services of another "David Choate" - That this hypothesis is at best far-fetched if not entirely untenable, The certificate of the Secretary of Massachusetts that the records of Military service do not show the name service of any other by that name - except that set forth in the declaration (marked D 2 ) and the Certificate of the Register of Probate for the town of Ipswich, that there did not appear on the records of births marriages and deaths but one "David Choate" from 1700. to 1770. in the town of Ipswich, where the enlistment took place (marked H). I think conclusively shows. Mrs Choate also in her last declaration explains the cause of her not having made application for this service before, "by stating that she had obtained information of it

from an old journal kept by her husband David Choate died during the time of his service, and that she was not apprized of the passage of the act of Congress. Mar 3 d 1843 & June 17 th 1844, granting pensions to widows re for such service. Declaration Marker G. dated Nov. 13. 1848. The proof of service is unquestioned. In addition to the evidence of identity above recited the attorney for the applicant, in his letter of appeal presents the well known respectability of the applicant as worthy of high consideration, she being the mother of the Hon. Rufus Choate, late U.S. Senator, to show the improbability of any intention to impose on the government by false statements. In reply to this the Com te : argues that from the fact that the Hon R. Choate never having interfered to obtain his mother's rights, she was either not his mother or that he was devoid of filial love & duty - Altho' this argument is mere surplusage and wholly irrelevant to the question at issue, Still I deem it my duty to state that, L d Sewall a clerk in this Department whose attention I incidentally called to the papers, states that the applicant is the mo- ther of Hon R. Choate & his grandmother, which settles this hypothesis of the Com te : and gives to the claimant, whatever weight her commended & respectability is entitled to;
Very Respectfully Submitted
Dept. Int. 2 Oct 6/51 }
M. O'Leary.
Brick Appeal Museum Street

Copy.
Pension Office March 3 d 1849
Sir,
I have the honor to inform you that the application for the continuation of the pension of Merriam Choat widow of Daniel Choat and also for an increase of the amount which she has hitherto received has been examined and filed with her other papers. No objection to the continuation of her pension for the same rate that was granted her under the act of 7 July 1838 under the act 3 d March 1843 and subsequent acts will be made but before her stipend can be increased for the services entitled to her husband's name the records of Massachusetts as certified by the Secretary of that Commonwealth it must be clearly shown by satisfactory proof furnished from the records of the town of some other town entitled to confidence that there was but one Daniel Choat belonging to Ipswich B.

during the Revolutionary War capable of bearing arms and that he was the husband of Claimant, The evidence now filed is not deemed sufficient to identify applicants husband with the Soldier, credited with service from the Town of Ipswich.
In the adjustment of the claim under the act of 1838 her stipend was com- puted for all the service set forth in her declaration,
Mr Chute's letter is herewith returned
F
Hon D P King

Ho. of Reps Washington Mar. 3 rd 1849
Sir, The application of Wid Miriam Choate of Essex Mass. was filed in your office about the 20 th Nov. last on G s Balpinch of Boston — will you please send me the Certificate directed to Dan l (c Mass)
It is a case of Rev- olutionary service about which there can be no doubt
Yr obed t serv t Dan l P. King
Col d Edwards Lowell Mass

Danvers (Mass) May 15. 1849
To
Col. Thomas L. Edwards Comm r of Pensions, Sir,
attended to
Will you please send me the Pens. certificates of Wid. Anna Child and Lucy Richard- son referred to in the en- closed. And also to in- form me of your fa- vorable determination in the case of
Wid. Miriam Choate an application presented by me in Dec. or Jan'y last
I am very respectfully W. D. Brewster Dan P. King

Dear Sir
In answer to a late application I have just recd The enclosed Yrs Truly
L. H. May

Mem. That the certificate of the Spruce Farm Clerk, show- ing the David Cluett born Nov. 29. 1754, son of William and Mary Cluett is the only David Cluett which name is found upon the records of that farm from 1700 to 1770, was forwarded to Mr. D. P. King June 6th. 1849 - also the dep- ositions of Mary C. Baker, and of John Perkins showing that David Cluett was the son of Wm. & Mary Cluett, and left a widow, Maria Cluett still living, who is an ap- plicant for a pension on ac- count of Rev. services of said David Cluett her late husband.
As Sir In answer to a late application I have just recd the enclosed Yrs Truly D. H. King

Essex May 16. 1849
To Hon. J. L. Lawrence, Com. of Pensions,
Sir,
I learned by a letter from the Pen. Dept. to Hon. D. P. King, some two months ago, that Miriam Choate's claim for Pension, on account of the services of her husband David Choate, has been examined for the a renewal, and continuation at 20 dolls. per year, and has been allowed & put on the files.
I wrote you some four weeks ago, requesting to have the certificate sent to the Pension Agent at Boston, to me, but have had no answer.
Will you please to send the certificate, as then suggested as it will save me the trouble of a journey to Washington after it, and as I suppose no risk would be incurred by mail?
Respectfully yours
David Choate

6 Sep June 22. 1848.
Hon. Mr King. Dear Sir,
Will you have the governp to order the Pension certificates for Miriam Glouster to be sent to Mr. Forbes? I understand the commission to say, under date of June 14. that "certificates under the acts of Dec. March 1843, 17. June 1844, and Dec. Feb. 1848, at 20 adls. per annum will be issued whenever the office may be required so to do." Please communicate her request to the Dept. and you, will greatly oblige, yours Respectfully,
D. Glouster
P.S., Mrs Glouster hopes the whole amount will be payable in & at the Pension office in Boston,
D. G.

Danvers (Mass) June 7, 1849. Mr. Edwards Comr of Pensions Dear Sir:
I have the honor to enclose papers relating to the claim of Miriam Choate for additional al- lowance of pension on account of the services of her late husband in the war of the Revolution. I desire you to forward the certificate to me
I am desired to in- quire whether the widows or children of soldiers who died in the service in the year 1817 are entitled to any pension half pay other money consideration by virtue of the Act of Con- gress of Feb. 22, 1849, or of any other Act.
I have the honor to be Yrs obedt servt Dana P. King

Pension Office June 14. 1849.
Sir, The record evidence from the town records of Spewich and the affidavit of W m Mary E. Baker, in the case of W m Miriam Choate, widow of David Choate, for increase under Act 7 th July 1838. have been examined and filed. The evidence of identity is still insufficient. In her declaration under Acts 3 rd March 1843 and 17 th June 1844, there is an extract taken from the Journal kept by David Choate while in the Army, shewing his service in Col. Michael Jackson's Reg t in 1780, and which, is corroborated by the records in this Office the service, however, having been for less than six months. If he was the same person who afterwards served under an enlistment for three years from March 14. 1781. the journal will no doubt shew the fact, and would be the best evidence of his identity with the person of his name of whose service record evidence is exhibited. That journal should be exhibited at this office.

Application having been already filed in this Office for the continuance of Mrs. Choate's pension under acts 3 d March 1843, 17 th June 1844 and 2 d February 1848, at $20 per annum, the rate at which she was paid under Act 7 th July 1838; Certificates under those acts at the same rate will be issued whenever the office may be required to do so
I am Sir, Your Obedient Servant J. L. Edwards Clerk of Pensions
H
Wm Daniel P. King } Dauvers Mass.

Payment to be made at Boston
by
Franklin Hauen Esq
Agent for paying Pensioners, in the
Agency of Masschts
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 27 Vol. 2
G. H. King Clerk.

DEPARTMENT OF THE INTERIOR.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Miriam Choate widow of David Choate who was a Private in the revolutionary war, is inscribed on the pension list at the rate of Twenty dollars and _____ cents per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.
Given at the Department of the Interior this 28th day of June one thousand eight hundred and Forty nine
T. Ewing
Secretary of the Interior.
Examined and Countersigned.
J. L. Edwards
Commissioner of Pensions.

Pensions Office Sept 15 1851.
Sir,
I have examined the papers in the case of Miriam Choate claiming an increase of her pension under the Act of July 7. '38 and would not allow the claim without additional evidence that her husband was the David Choate who enlisted for three years in 1781. (see Cert. of Com. of Mass ts .) It is somewhat remarkable that in applying for a pension the widows should have omitted to mention his service in the regular line for 3 years, while she is supposed  seems to have remembered so well previous and minor service in the Militia. The probability is that if her husband had been the David Choate who enlisted in 1781, she would have heard of it in such a way as to make it uppermost in her memory.
Yrs Resp y H H Davidge
J E Heath Esq d Comm of Pensions

Washington Sept 24. 1857
Sir,
I have the honor, herewith, to enclose a letter from the Commissioner of Pensions, in relation to the case of Miriam Choate, Widow of David, which contains, as I conceive, errors of opinion as well as facts, from which I ask, respectfully, to appeal to you, in order to obtain that justice which has, without any reasonable cause, been denied her.
Mrs Choate had been placed upon the Pension roll, as you will perceive, under the Act of July 7. 1838, and all the acts supplemental thereto, at the rate of $20 per Annum for six months service rendered by her husband in 1780. She now claims, and has been claiming for a long time , a further allowance for service under an enlistment for three years in the Continental line from March 1781. This last service has not been admitted by the Commissioner upon the ground, that the evidence furnished is not sufficient to identify her husband with the David Choate who rendered the service under the enlistment in 1781; and one of the reasons named for the disallowance is, that "whilst Mrs Choate was enabled to specify clearly her husband's service of six months in the Militia no allusion whatsoever is made to the service in the Continental line under the enlistment of three years". Such an objection could only have been made under

under a total misapprehension, or entire ignorance of the history and course of service of the State of Massachusetts by the clerk who examined the claim, There was no such service rendered by the Militia of that State as that for which Mrs Choate, was pensioned, That service was known as the New levies , raised in 1780 to serve six months, with and in the Continental line, These troops were embodied and enrolled under the officers of that line, and were considered a part of the regular establishment, It was not Militia service at all! This service terminated in December 1780 - David Choate, the 14 th , The second enlistment of David Choate commenced about the 1 st of March 1781, say 10 weeks after his discharge from the levies, making it almost a continuous service barely giving him time to visit his home and friends for a few days or weeks, Claimant was not married to David Choate until after his last term of service, (I think it was 1791) consequently could not have had a personal knowledge of her husband's service, it could not, therefore, be expected that she should know that he served one or more terms, Indeed had she been his wife during his entire service, she might have forgotten many of the circumstances connected with it, and its duration, But she states two facts which are important to be remembered in the investigation of her claim, about which she could have had no knowledge other than that derived from her husband, "That he served in the Continental line, and that he enlisted from the Town of Ipswich ." In both

both of which she is fully sustained by evidence filed in her case. The certificate from the records of Massachusetts shows the six months service in 1780, for which Mrs C has been pensioned, as well as the three years service commencing in 1781 were both performed in the Continental line, and both and both endorsed by a soldier from the Town of Ipswich . The clerk of that Town certifies that from a careful reamination of his records for many years previous and subsequent to the war of the revolution he finds but one David Choate belonging to that Town, and there is other testimony establishing that fact. This evidence to establish the identity of Mrs Choate's husband was required by the late Commissioner of Pensions. The requisition is fully complied with, and yet the letter to David Choate, the son (which should have been addressed to me,) strongly insinuates, that this venerable and most sensible Lady, the widow of a Revolutionary Patriot, and the mother of the Hon Rufus Choate of Boston , the head of one of the most respectable families in Massachusetts, recollects only what is most advantageous, or best calculated to advance her interest . It may be urged why not comply with the late letter of Commissioner Heath? I answer, that the case is fully made out, that it is a captious opposition raised by the Clerk, whose letter to the Commissioner of Pensions upon this subject will be found with the papers dated, I think, the 15 th instant; allow me further, to state in relation to the identity of Mrs Choate's husband, that she, having been already pensioned for the service of

of a soldier in the Continental line from Ipswich, and as it has been clearly shown that David Choate, for whose service she now claims an increase from that Town in the Continental line in 1781, but a short time after his service in the new levies, and also it having been clearly made to appear, that there was but one person in that town bearing the name of her husband, the conviction in my mind is so strong, (and I doubt not that you will be equally convinced) that they were both induced by the same person, (soldier) that I cannot see how any person, who is at all capable of weighing testimony, who is not predetermined to reject every claim that may be presented, can for a moment doubt, or could have hesitated to have allowed this claim. It may not be improper to state that the Clerk into whose hands this claim first came, allowed it, saying it was "one of the best made out claims he ever saw", and he is one of great reference in the office of the Commissioner of Pensions, Col W m Ogden Miles whose decisions have always been relied on. Allow me to say in conclusion that this is the third claim I have appealed upon to you. That I never appeal unless where a most glaring injustice is shown. (not intentionally I do not pretend to say) that the two other claims you allowed, and therefore, with the fullest confidence in your integrity and liberality I ask a speedy decision in this case.
With the greatest respect
I Am Sir. Very resp ly .
Yours obt Serv t ,
Hon A. A. Stuart Secretary of the Interior
L. G. Adams

Massachusetts - 1536
Miriam Choate widow of David Choate, deceased.
who was a pensioner under the Act of and who died on the 28 th March, 1808 of Essex co. in the State of Massachusetts. who was a private in the company commanded by Captain J. Burnham of the Regt. commanded by Col. Brant in the Mass'ts line for 6 months service.
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars — Cents per annum to commence on the 4 th day of March, 1836.
Certificate of Pension issued the 3 rd day of Jan- uary, 1839 and sent to Dr. Lewall, Present.
Arrears to the 4 th of Sept. 1838 $50:00 Semi-annual allowance ending Oct. '38 10:00
$60:00
{ Act July 7, } 1838. }
Recorded by S. A. Elliot Clerk, Book A Vol. 2 Page 79.

1536
Massachusetts Miriam Chaate
Widow of David who was a pensioner under the Act of — and who died on the — of — in the State of Mass who was a private in the — commanded by Captain — of the — commanded by — in the — line for 2 years Inc. from $20
Inscribed on the Roll of Boston at the rate of $1 Dollars 00 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 7 day of Oct 1837 and sent to Admiral
Total amount, $ Present
[Act July 7, 1838.]
Recorded by N. E. Robinson Clerk, Book D Vol. 1 Page —

Declaration
In order to obtain the benefit of the Act of Congress passed July 7th. 1838, entitled "An act granting half pay and pensions to certain widows" also of the Pension act passed on the 3d. of March 1843— also of the Pension act passed June 17th. 1844 and the Pension act passed on the 2d. of February 1848;
State of Massachusetts. Essex County ss.
On this eighteenth day of January A.D. 1849, personally appeared before the subscriber, a justice of the Peace, in and for the county aforesaid, Miriam Choate, a resident of Essex, aged seventy six years, who being first duly sworn according to law, doth on her oath make the following Declaration in order to obtain the benefits of the provisions made by the Act of Congress passed on the 7th. of July, 1838— also the act of March 3d. 1843;— also the act of June 17th. 1844 and the act of February 2d. 1848, all granting Pensions to widows of Persons who served during the Revolutionary War, that she is the widow of David Choate who was a private in the company of capt. Jonathan Cogswell from April 19th. 1775— three days— who was also a private in the company of the capt. David Dow in col. Jonathan Cogswell's Regiment as appears by said capt. David Dow's Return on 30th. of April 1775 and in his return of July 30th. 1778, and believed by the applicant to have served in said company not only during  in the whole in.

terval between those two dates being three months, but from the 7th. of May 1776 to the said 30th. of April 1778 - a period of two years, eleven months & 23 days - This being inferred from the fact that said David Hoate was in the said company of capt. David Howe at the time of his promotion from lieutenant to captain which was May 7. 1776 as appears she believes will appear by reference to the files in the Department. - also a private in the company of capt. Thomas Cummings in Col. Jacob Gurnish's Regt. from October 14. to Nov. 22. 1779, including 12 days for 240 miles of travel - being One month and 20 days; - and that said David Hoate was a private who enlisted to serve in the Continental Army for three years on the 14th. March 1781, as a private of Ipswich and on the 18th. January 1782 received the bounty advanced by said town of Ipswich, as appears by the accompanying Certificate of the Secretary of Massachusetts - and is believed by the applicant to have served not only through the entire interval between those two dates, a period of two months and 4 days, but for the residue of the said term of three years - for the evidence of which, however, she requests that reference may be had to the list of "three years men in the Continental Army" from Ipswich, on the files of the Department. -
That she received twenty dollars per annum under the Act of July 7. 1828 for six months service rendered in the year 1780 in Col. Gurnish's Regiment and Gen. Poor's Brigade; which was paid to her at the Agency for paying Pensions in Boston in the state of Massachusetts, and has now an application pending before the Depart-

ment for the benefits of the Acts of Dec. March 1843, and June 17, 1844, on account of said six months' service
She further declares that the said David Choate never received a pension for any service whatever.
She also declares that she is still a widow, and that the reason of her not having applied before, is her having been unable by reason of age and infir- mity to recollect the times of service of said David Choate, together with  and the difficulty of obtaining the evidence from the rolls of the army.
Miriam Choate
Sworn to and subscribed this eighteenth day of January A.D. 1849.
Before me,
David Choate Justice of the Peace.
Essex ss. January 18th 1849. I certify that Miriam Choate, who has signed her name and made oath to the foregoing Declaration, is known to me, to be the same Miriam Choate who received a Pension under the Act of Congress of July 7th, 1838.
David Choate Justice of the Peace.
Memorandum. That the words "as a private of Ipswich" - "not only" - and "by said David Choate", on the second page; and "together with" on the third page of the foregoing Declaration were interlined before signing.
Attest David Choate Justice of the Peace.

War Department Pension Office Oct. 8. 1898.
Sir,
In answer to the enclosed letter I have to inform you that David Choate appears to have served six months. There is no evidence in this Department that he served for a longer period. This Department cannot give a certificate in such a case as this. The widow in order to substantiate a claim to a pension, must produce such proof as the enclosed printed instructions point out, and in relation to Mr Choate's service, she must refer to our records, as directed in the 4th. rule of the regulations concerning widows whose husbands were on the Pension Roll.
I am very respectfully Your Obt. Servant J. L. Edwards
Dr Thomas Sewall Present.
X D. Choate letter to Dr Sewall Y. Nkt. 1878.

COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss.
I, JOHN PRINCE, Clerk of the Court of Common Pleas, within and for the County of Essex, do certify, that Hon. David Cumming is Judge of the Court of Common Pleas within and for said County. That
Charles Kimball & David Choate Esquires, are Justices of the Peace, within and for said County, and that their signatures hereon are genuine.
WITNESS MY HAND, and the Seal of said Court of Common Pleas,
October 27, A. D. 1838,
John Prince Clerk.

COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss.
I, JOHN PRINCE, Clerk of the Court of Common Pleas, within and for the County of Essex, do certify, that Hon. David Cumming is Judge of the Court of Common Pleas within and for said County. That
Charles Kimball & David Choate Esquires , are Justices of the Peace, within and for said County, and that their signatures hereon are genuine.
WITNESS MY HAND, and the Seal of said Court of Common Pleas,
October 27, A. D. 1838,
John Prince Clerk.

We the undersigned hereby certify that we were acquainted with Mr. David Choate formerly of Chebacco Parish in Ipswich now Essex, who was a soldier in the war of the revolution & that he died in the year 1800. We are also acquainted with Miriam Choate who is now applying for a pension, know that she is a widow & has been so ever since the decease of the said David Choate - Benjamin Cogswell Enoch Low
Essex S.S. signed & sworn to before me by the said Benjamin Cogswell & Enoch Low being credible witnesses A.D. 1830. on the 8 third day of September Before me
David Choate Just. Peace

Sir,
Merchants Bank Boston 18 Nov 1848
Enclosed are the Declarations of Mrs Miriam Choate, in order to obtain the benefits of the Acts of Congress of 3 March 1843, 17 June 1844 & 2 nd Feb y 1848.
She wishes her Pension certifi- cates to be sent to my care.
Very Respectfully Your obed t serv t G. S. Bulfinch
Jas. L. Edwards Esq. Commissioner of Pensions

Commonwealth of Massachusetts, Essex County ss.
On this thirteenth day November A.D. 1848, personally appeared before the subscriber, a Justice of the Peace, in and for the county aforesaid, Miriam Choate, a resident of Essex, in said county of Essex, [formerly a part of Ipswich] aged seventy six years, and being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 3d. March 1843, also the Act of 17th June 1844, granting Pensions to widows of Persons who served during the Revolutionary War, that she is the widow of David Choate, who was a private in "Capt. Frothingham's Party of 150 men," on the 5th. July 1780; — on "14th. of the same month joined Col. Michael Jackson's Regiment," and on the "2nd. of August," same year, "joined Col. Finats Reg. in Gen. Poor's Brigade in the Hon. Marquis de la Fayette's Division of Light Infantry;" — [the foregoing extracts being from a journal kept by said David Choate while in the army] — and that she received twenty dollars per annum under the act of July 7. 1838 which was paid to her at the agency for paying Pensions in Boston in the State of Massachusetts; — the reason of her not having applied before is that she was not apprized of the passage of the Acts of Congress referred to above.
Sworn to and subscribed this 13th. day of November A.D. 1848. Informers of Belen M. Choate.
Before me,
David Choate Justice of the Peace. (Term over.)

Everp 11 November 13th 1848. I certify that Miriam Choate, who has signed her name and made oath to the within Declaration, is known to me to be the same Miriam Choate, who received a pension under the Act of Congress of 7. July 1838—
David Choate Justice of the Peace—

Commonwealth of Massachusetts.
Secretary's Office, November 17. 1818
I hereby Certify, That at the date of the attestation hereto attached, David Roots was a Justice of the Peace for the County of Essex.
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
M. Wells
Secretary of the Commonwealth.