Revolutionary War Pension and Bounty Land Warrant Application File S. 11,995, James Choate, Mass.

SERVICE
Mass,
Choate, James
NUMBER
8:11.995
CONTENTS
carded.
[Lined area for contents]
[Lined area for contents]

15926  New Hampshire  James Choate
of Derry — in the State of N. Hamp. who was a private in the Comp — commanded by Captain Strong — of the Reg — commanded by Col. Jackson in the N. H. Mts — time for 11 m. 4 deg —
Inscribed on the Roll of N. Hampshire at the rate of 3 Dollars 10 Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 day of Aug 1831 — and due to J. Bolton Derry
Arrears to the 4th of Dec 33 $74 20 Semi-ant. allowance ending 4 Sep 33 18 50 $92 75
{ Revolutionary Claim, { Act June 7, 1832. } Polettis Clerk.
Recorded by Book E, Vol. 2, Page 77

State of New Hampshire county of Rockingham ss
On this tenth day of August in the year of our Lord one thousand eight hundred and thirty-five personally appeared James Choate court before the Superior court of Judicature for the State of New Hampshire now sitting James Choate a resident of Derry in said county and state aged seventy one years and four months who being first duly sworn according to law doth on his oaths make the following declaration in order to obtain the benefit of the act of congress passed June 7. 1832 That he entered the service of the United States under the following named officers and served as herein stated - that is to say He marched from Ipswich, Massachusetts as a volunteer sometime in the latter part of June 1778 to Providence, Rhode Island thence entered the boat service, in a boat commanded by Mr. Smith he was ordered and went immediately to Cannon Island to wait for the French fleet. The French fleet came in a few days and his boat company landed the French troops upon the Island 4500 men

The same day the boat company were ordered to convey the troops on board which was done - The next day the French Fleet failed to attack the British Fleet which was then in the offing in sight - He continued in the boat service until sometime in September of the same year he then joined the regiment at East Greenwich commanded by Nathaniel Wade of Ipswich Massachusetts and continued there to January 1 st 1779 when his term of service expired and he returned home he has no written discharge There is now no person living who was ever with him said about at this time to his knowledge -
Said about further declares that sometime in June 1780 he enlisted at Ipswich aforesaid as a volunteer and marched to Springfield and there passed muster and marched to West Point and put into a company commanded by William Stacey of Ipswich Massachusetts in the regiment commanded by Michael Jackson he then marched into New Jersey and there remained until the coming went into winter quarters where he and said company returned to West Point and there continued until Jan y 1 1781 when his term of service expired, being six months

and he was discharged - he has no written discharge and knows of no person living except Joseph Davenport who served with him during this campaign - Gen. Arnold turned Princeton while said Choate served in New Jersey and Major Andre was taken, - said Choate was present at the execution of Andre - said Choate now resides in Derry N. H. formerly of Concord Derry & has always resided there since he left home. - Choate hereby relinquishes every claim whatever to a pension or annuity except - the present and declares that his name is not on the pension roll of the agency of any state - James Choate
Sworn to and subscribed the day and year aforesaid -
Attest Phadwick Clark
We Edward L. Parker a clergyman residing in the Town of Derry in the county of Rockingham and Samuel Adams of said Derry hereby certify that we are well acquainted with James Choate who has subscribed & sworn to the above and that we believe him to be seventy one years that he is reputed & believed in the neighborhood where he resides to have been a soldier in the revolution and that we concur in that opinion - Edward L. Parker Samuel Adams
Sworn & subscribed to the day & year aforesaid
Attest Phadwick Clark

7053 James Choate Declaration
And the said court do hereby declare their opinion that, after the investigation of the matter and putting the interrogatories presented by the war department that the above named applicant was a revolutionary soldier and served as he states. And the court further certifies that it appears to them that Edward S. Parker who who has signed the preceding certificate is a clergyman resident in the town of Derry in said County of Rockingham and is a credible person and that his statement is entitled to credit.
I Peter Chadwick clerk of the Superior court of Middlesex for the State of Vermont do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of James Choate for a pension.
In testimony whereof I have hereunto set my hand & seal of office this tenth day of August in the year of our Lord one thousand eight hundred & thirty two.
Richard Clerk of the Court Rockingham County

W. G. Exland James Choate

State of New Hampshire } ss- county of Rockingham }
at the Superior court of Judicature for the State of New Hampshire before me held at Exeter within & for said county on the first Tuesday of August A.D. 1852 on the application of James Choate claiming to be a soldier of the revolution the following interrogatories were propounded to him to wit:
1. Where and in what year were you born?
Answer - Was born in Ipswich Massachusetts in the year 1761.
2. Have you any record of your age and where is it?
Answer - Has no record of his age.
3. Where were you living when called into the service when have you lived since the revolutionary war & where do you now live?
Answer - That he lived in said Ipswich when he entered the service - that he resided at said Ipswich until for three years ago when he moved to Londonderry (now Derry) where he has ever since lived -

4. How were you called into service? were you drafted? did you volunteer or were you a substitute or if a substitute for whom?
Answer - He entered as a volunteer under a voluntary enlistment
5. State the names of some of the regular officers who were with the troops where you served such continental and militia regiments as you can recollect & the general circumstances of your service?
Answer Col Nathanial Wade Tobias Guinard Lieut Col - John Harley Adjutant the Whole Army was commanded by General Sullivan was near the place where the battle took place near Newport was in the boat before 6 State the names of persons to whom you are known in your present neighborhood &
who can testify as to your character for veracity and their belief of your services as a soldier of the Revolution?
Ans. Rev d Edward L. Packer & Samuel Adams Esquire

7
Did you ever receive a discharge from the Service and if so by whom was it given and what has become of it?
F
Answer. Recd no discharge while in the Militia excepting when Volunteered received a discharge when in the Continen- tal Service but have lost it James Choate
Subscribed & sworn to Aug. 10. A. D. 1852.
Attest Richard Clark

I Humphrey Choate testify and say that I was seventy nine years old the 16 th day of last April. My native place was Ipswich Mass. being that part which is now Essex. I now reside in Derry New Hampshire in the same house with my brother James Choate of said Derry. my brother James was seventy one years old the twenty third day of last April. In the year 1778 there was a call or requisition for Militia in Massachusetts to go into service for six months and in June 1778 my brother James went as one of the Militia (As I then understood & had no doubt) to Rhode Island and was there connected with the American Army and was absent six months or a little over and I never heard any suggestion but that he did his duty faithfully and as a good Soldier.
In the year 1780 my brother James went from Ipswich in June of that year as I understood an enlisted soldier in the Continental Army to West Point and he was absent a little more than six months. I never heard any complaint but that he did his duty at that time. - I am so feeble now that I cannot write my name Esther James Thorne      Humphrey his Choate mark

State of New Hampshire Rockingham } James Thompkins
August 8 th 1832
Then the foregoing Humphrey Choate made solemn oath that the foregoing deposition by him signed is just and true - Before me James Thompkins of the Peace
I hereby certify that the above named Humphrey Choate is a respectable citizen of New Hampshire and entitled to full credit & belief -
James Thompkins of the Peace

Henry Charles
Secretary
1832 The undersigned... ...the said James Thorne and Christopher ...the said James Thorne and Christopher ...the said James Thorne and Christopher
I Peter Chadwick Clerk of the Superior Court of Judicature for the County of Rock- ingham in the State of New Hampshire do hereby certify James Thorne and Christopher Thorne the Justices of the Peace within and for said County of Rockingham and that the signatures to the pre-mentioned of the said James Thorne and of the annexed of Christopher Thorne are in their own hand writing
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this tenth day of August Anno Domini 1832.
Peter Chadwick Clerk of the County of Rockingham

71153
James Choate
Truck 11 Mar 4 days
768
14 4/16 ob
19 Dec 1982
on Shell lot Jackson's Nest entrance 5 July 1980 anchored 8 Dec 1980 5 Mar 93 days
25 11/2 3 Thornton Belton Eng Harry Mit P. L. Smith Exh Mit 1/18.

BRIEF in the case of  James Choate  of  Derry  in the State of  New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     June In 1778 — — — Boatman Gen. W. Smith   — — — — private Col. Wade   June 1780 his Role of term 5 3 private Cap. Hovey Col. Jackson  
 5. In what battles was he engaged? None mentioned  6. Where did he reside when he entered the service? Ipswich Mass,  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Right 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. C. Easton Examining Clerk.

Perkins
11.995 INVALID.
File No. 11.995-
James Choat Dis Rev War
Act: June 7 th 32
Index:—Vol. A , Page 66
[Arrangement of 1870.]

I Joseph Danford of lawful age do testify and say, That in the spring of 1780, I enlisted a Soldier for six Months in Bradford, Massachusetts and marched to Springfield in said State. There I passed Muster and marched on to West Point and was put into a Company Commanded by Samuel Pierce, in the Regiment commanded by Michael Jackson and remained in the service during the term for which I enlisted. I further state, That at West Point I become acquainted with James Choate, who is now present at the taking of this Affidavit. That he said Choate was a Soldier in the Company Commanded by William Story in said Michael Jacksons Regiment, and that I was acquainted with him in the Army during the six Months which I served. I further state that I am in the sixty ninth year of my age and that said James Choate is two or three years older than I am Joseph Danford
State of New Hampshire Rockingham Gs. } Derry August 1 st 1832
Personally appearing Joseph Danford made solemn Oath that the above Affidavit by him signed is true.
Before me Christopher D. Thoms Justice of the Peace
I hereby certify that above named Joseph Danford is a person of good moral character & entitled to full credit & belief — Christopher D. Thoms Justice of the Peace

I Peter Chadwick Clerk of the Superior Court of Jurisdiction for the County of Rockingham in the State of New Hampshire do hereby certify that Christopher Shinn and James Shinn before whom this & the annexed affidavits was sworn and each of them a justice of the Peace within and for said County and that I believe that their signatures to the Certificates thereof are each of them in his own hand writing
In testimony whereof I have hereunto set my hand affixed the the seal of said Court This 25 th day of December Anno Domini 1872
Peter Chadwick Clerk of the Court Rockingham County

7/15:3
James Choate
Peter Chadwick Exeter N H

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Choate which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [Handwritten line] IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
Yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
No
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
Yes
XVI. ‡ Are the papers authenticated as the regulations direct?
No
Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
Yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days. I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.