Revolutionary War Pension and Bounty Land Warrant Application File R. 5374, Joseph Humphrey, N.C.
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N.C.
Humphrey, Joseph
R5374
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Right side of paper
Power of attorney
case of
Joseph Humphreys
North Carolina

Bottom right side of page
L E Hassler
Illegible Title
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First document
N.C.
Humphrey, Joseph
Number: R5374

Third document

Power of Attorney
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, Se.*

State of North Carolina
County of Onslow Be it known that before me 
David W. Sanders a Justice of the Peace personally appeared Lewis Humphrey aged 71 years, who being duly cautioned and then sworn in due form of law, states that he is the heir of Joseph Humphrey who was a revolutionary soldier in the State of NC and that he died on the 18th of June 1837 and that his mother, named Mary Ann died on the (blank) day of (blank) 1807 and that they were married on the (blank) day of (blank) in the year 17 (blank) and that they were residents of in the State of North Carolina and that they resided there (illegible) years, and that he resides in Onslow Co. N.C. and that furthermore BY THESE PRESENTS, constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F.E. Hassler of Washington city, D.C. as his true and lawful Attorney for him and in his name and stead, to examine into, to prosecute, to demand, and to receive from the U.S. Government and State officers his rights in all and in any manner of claim for increase or arrears of Pension or Land that may be due him as heir of Joseph Humphrey who died leaving the same undrawn, as in right of law he may be entitled.
In witness whereof, He has on this 29th day November 1852, hereunto signed his name, and affixed his seal.  

Lewis Humphrey - Seal

Witness:  Wm B. Wilson
Witness: Lewis B. Humphrey
Signed, sealed, acknowledged, and sworn to before me; and I further certify that Lewis Humphrey has always by the community been known as the son of Joseph Humphrey
Dated on this 29th day of Nov. 1852

(Signed) D.W. Sanders J.P.

State of North Carolina
County of Onslow

I hereby certify, That David W. Sanders Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of Onslow County Court this First day of December one thousand eight hundred and fifty two.

Joseph Etheridge Clerk

* If a Widow applies, state "the date of marriage, and date of death of her husband. "
(cross emblem) State under what act pensioned, or when pension commenced, if a pensioner - and amount of pension.
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State of North Carolina
Onslow County

On this 6th day of May AD 1833

Personally appeared before the worshipful the Justice of court of  Pleas and Quarter Session for Onslow County now sitting Joseph Humphrey a resident of Onslow County NC aged 83 years last January, who being first duly sworn according to law [illegible] on his oath 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 Unites States in the latter part of February or the first of March 1773 having enlisted in the County of Onslow, under Col Henry Rhodes, Col Joseph Scott Gray and Capt Ephraim Battle, & marched thence into New Hanover County to Rocky Point on the Cape Fear River at Big bridge. Here we lay encamped untill we was joined by Genl Lillington; The British having made their appearance on the opposite side of the River, Genl Lillington ordered a company to march down the river and cross the same whilst another division should cross the bridge and they attack the British in front & in
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the Rear - the British had two large cannon planted facing the Bridge, the Lieutenant whom Genl Lillington ordered to advance across the bridge refused to do so and the British sentinels having notified them of the advance of the Americans across the River and great confusion having been produced in consequence of a want of of cooperation by the other party refusing to cross the bridge, the British brought on a general engagement and soon routed the Americans.  We retired into the woods and the British made their way to Wilmington.  During the engagement this affiant was left in charge of the magazine belonging to the American troops. - The Americans again assembled at Rocky point, where we lay encamped until we were discharged having served in this town three months for which time we was enlisted. I recd. a discharge but have lost it.  The Onslow Militia having been divided into four drafts of this affiant belonging to the first draft, after the three had served tours of three months each, the [word "whole" crossed out] first draft or division to which this affiant belonged (being nine months after his discharge as aforesaid) was again ordered out under Col. Henry Rhodes, Col. Cray and Capt Ephraim Battle, we marched to Wilmington to where we remained a short time and thence to Brunswick.
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here we heard that the tories were very bad & troublesome in the Waccamaw Settlement. We marched to that Sett-lement to the [illegible] of one Simpson a noted tory and found him from home - that night we were unexpectedly attacked by the tories, and Capt. Battle had seven buck shot fired into him, we retreated & made our way [illegible] to Wilmington, were Capt. Battle was put under a doctor where we remained the balance of our time of service being in all three months & was there discharged by Capt. Battle he having recruited very much.  I had no written discharge that I recollect of. I was again ordered out under the same officer, and marched to Moore's Hill in Onslow, being nine months after my discharge as last mentioned. Here we kept sentry for the tories for some time & then marched to Wilmington, here we remained for the purpose of keeping the tories down three months & were then discharged - a short time after this Independence was declared. I do not know whether I received a written discharge. This affiant is very old and infirm and cannoton account of his infirmity recollect all the minuitias of service. After Independence was declared this affiant was repeatedly called out to put down the Tories & restore quiet to the neighborhood
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In conveyance of the marauding character of the Tory. The affiant has no documentary evidence to support his claim for a pension - and has not positive testimony except his own as all who serves with him are dead and gone, and have only left behind them the traditions of their service. He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the Pension roll or agency of any State. Sworn to and Subscribed the Joseph Humphrey day and year aforesaid.
Where and in what year were you born? Ans Is born in Halifax County NC January 16 1750.
Have you any record of your age and if so where is it? Ans Yes at home in my bible. Where were you living when called into service. Where were you lived since the Rev. war & where do you now live? Ans in Onslow County, I have lived there was since and continue to live there. How were you called into Service; were you drafted, did you volunteer or were you a substitute- if so for whom? Ans I was drafted.
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State the names of some of the regular officers who were with the troops, where you served; such continental & militia regiments, as you can recollect & the general circumstances of your service. 
Ans Col. Rhodes, Col. Cray, & Capt Battle & Genl. Lillington. I marched several times to Wilmington once to Rocky Point where we had an engagement with [crossed out] British - fought the Tories at Waccamaw, & was often called out to put down the Tories. Did you ever receive a discharge from the service & if so, by whom was it given & what has become of it? Ans yes once from Capt. E. Battle but I lost it. State the names of persons to whom you are known in your present neighborhood who can testify as to your character for veracity - & their belief of your services as a soldier of the Revolution. Ans. James Mills, John Basden, Lewis Sandlin and James Brown. Sworn to in open court. Joseph Hemphray
Personally appeared in open court James Mills, a resident of Onslow County aged 40 years who being first duly
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sworn upon the holy Evangelists of Almighty God deposeth and saith that he has often heard his father William Mills who served in the Revolutionary war and died in 1828 speak of Joseph Humphrey the applicant in this case, having served with him in the Revolutionary war, and has heard him recount the affair at the Big bridge on Cape Fear and of applicant's having served as stated in the foregoing declaration; and further that the said Joseph Humphrey was one of the best wrestlers in the army at that time, that he could throw down the best men in the army; this circumstances has often been associated in affiant's mind, from the fact that the applicant is now a very infirm old man and suffers much from great debility & his old age, having been represented to this affiant by his father that when in the army he was remarkably strong and athletic. The said applicant is a neighbour to this affiant, and is a man of sterling truth & honesty, and has as far back as this affiant can recollect, been reputed to have been a revo-lutionary soldier & this affiant concurs in that opinion. Sworn to in open court. James Mills

Williams Mills & Daniel Bradham maketh oaths that they are well acquainted with Joseph
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Humphrey the applicant in this Case that he has always been reputed to have served in the Revolutionary War that they concur in the opinion that the statement of his servicing contained in his foresworn declaration is just & true and that he has always sustained a high character for honesty and truth. The said applicant is very old and infirm and is as they affiants believe [ink smudge] one of the oldest men in the county of Onslow.
David Bardaan. Sworn to in open court.
William [his mark] Mills.
We Hezekiah Williams and [crossed out] Jesse Sandlin residing in the county of Onslow hereby certify that we are well acquainted with Joseph Humphrey who has subscribed & sworn to the above declaration that we believe him to be eighty three years of age; that he is respected & believed in the neighborhood where he resides, to have been a soldier of the Revolution, & that we concur in that opinion. Sworn & subscribed the day & year aforesaid.
Hez. [illegible] Williams
Jesse Sandlin.
And the said court do hereby declare their opinion, after the the investigation of the matter, and after putting the interrogations described by the War department that the above named applicant was a Revolutionary and served as he stated and the
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court further certifies, that it appears to them that James, Mills, Jesse Sandlin, Hezekiah William, John Basden, James Brown [crossed out "Mary W Thompson"] William Mills &Daniel Bradham who are referred to and who have signed the preceding certificate are all credible persons & that their statement is entitled to [illegible] and that it appears that there is no clergyman residing in the neighborhood of the applicant. 
I David W. Sanders Clerk of the Court of Pleas of Quarter Sessions for the County of Onslow do hereby certify that the forgoing contains contains [sic] the original proceedings of the said court in the matter of the application of Joseph Humphrey for a pension. This testimony whereof I have hereunto set my hand seal of office this 6 day of May AD 1833.
D. W. Sanders clk.
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Dear sir i want you examon your offis to se if you can find my proof of my father servis ser in the revolution war and if you can pleas vit to me what any that i can get satisfaction to get his pension i have insid my lawyer to get it and he wants any proof that he was a solger in the served my father naime was Joseph Humphrey lived in north carolina onslow county please search your record with ame onslow county palo af to postoffs may 25 1857 I (stamp) Lewis Humphrey
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[duplicate of page 12]
Diear sir i want you examon your offis to se if you can find my proof of my father servis ser in the revolusion war and if you can pleas rit to me in what [illegible] that i can gav satisfaction to git his pension i hav [illegible] ms hasler togetet and have [illegible] proof that he was a solger in that servis my father naim was Joseph Humphrey lived in north caroliner onslow county pleas serch your record [illegible] on onslow county [illegible] al to post offs may 25 1857 Lewis Humphrey
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[Illegible]
May 28, 1857

Mr. George W Croox
[Illegible]
[Illegible]
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Joseph Humphrey
N.C. [Illegible] 1832

H

Coole

[script below written perpendicular to the text]

[Illegible] Pensions
[Illegible]
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Dh. 507
Joseph Humphrey
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[Illegible] 
Joseph Humphrey
North Carolina
Rejected
D.W. Sanders
10th Oct 1834
Les. L. Humphrey,
June 13 /57
same, July 21 /58
5374
[Illegible]
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Personally appeared in open Court before the worship-ful the Justices of the court of Pleas & Quarter sessions for the County of Onslow Samuel Evans aged 71 years who being first duly sworn deposeth & saith, that he is well acquainted with Joseph Humphrey the applicant in this case, that he served with said Joseph Humphrey at Big bridge (called Bluford's also) on Cape Fear River. The when his company under Capt. Matthew Albritton, arrived at Big bridge he found Joseph Humphrey there in Capt. Battle's Com-pany, and that on that tour he served three months. Said Humphrey was a good soldier & this affiant has heard & did hear at that time that he served several times afterwards, but this affiant does not know it of his own knowledge as after the service at Big bridge he this affiant joined a horse company. This affiant cannot say at what time it was that they were at Big bridge. 
Sworn to in open court. 
Samuel Evans [his mark]

And the said court do hereby certify further that it very
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satisfactorily appears that Samuel Evans is a person of credit + truth, and bears the reputation of having served in the Revolutionary War.

In testimony whereof, I, David W. Sanders, Clerk of the Court of Pleas and Quarter Sessions for the County of Onslow have hereunto set my hand + seal of office this 6th day of May A.D. 1833.

D.W. Sanders clk
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Swansborough
Post office

Onslow County
North Carolina

July 31 1858

Dear Sir in answer to your letter of June the 25 [crossed out] 1857 I have Rote to the comptroller at Raleigh, NC and in answer from him to me he says he finds Payments to Joseph Humphrey [illegible] Pay a present soldger for more then 2 years service in militia Sir I [illegible] you to Right to me and instruc me what to do your will Please give me all the information that is nessery for me to have to make out my claim. I have Rote to you before this and has got no answer I have Rote to Mr. Hasler before I got your leter and dont no why it is that he never Rate to me you will Please give me the Reasone why you Rayht to me instead of him
Respectfully yours
Lewis Humphrey

[Illegible]
Commission Pension
NB
Derect your Leter to me at Swansborough
Onslow County
NC
L.W.
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[Text crossed out]

5374 [stamped "Rejected"]
[Written perpendicular to the text "Ons"]
P.O. 
Joseph Humphreys
Service:

Enlisted: , 18
Discharged: , 18
Application filed: , 18
Alleges: 
Re-enlisted:
Attorney:
P.O.
 Recognized.  Contract.
 Cert. of Dis.  Searched for , 18
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26507
Jos. Humphrey

Rib

acc:

30 Oct 1833
D.W. Sanders Esq.
Onslow C.H.
No. Ca.
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War Department, 
Pension Office,

Sir:
The evidence in support of your claim under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in tabular form. On paring these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by compling with this request, greatly facilitate the investigation of your claim. 
A Statement, showing the Service of Joseph Humphrey
Period when the service was rendered.
Duration of the claimant's service
Years. Months. Days
Rank of the claimant.
Names and rank of the Field officers under whom he served. 
Age at present, and place of abode when he entered the service. 
Proof by which the declaration is supported. 
I am respectfully,
Your obedient servant,
J.L. Edwards
Commissioner of Pensions
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832
The following regulations have been adopted:
The law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having y law a seal and Clark is considered a Court of Record.
DECLARATION
In order to obtain the benefit of the Act of Congress of 7th of June, 1832
Stat, Territory, or District of
County of }ss.
On this  day of   personally appeared (a) before    A. B. a resident (b) of    in the county of   and State, Territory or District of   ages (c) years, who being first duly sworn, according to law, down on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)  , with    and served in the   (e) regiment of the    line, under the following named officers:   
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pensions or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only that of the Agency in the State of  
Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I   of the Court of   do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of   for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this   day of   &c.
If, on examination of the proper record, the names of the applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the   and C. D. residing in (the same) hereby certify, that we are well acquainted with   , who has subscribed and sworn to the above declaration; that we believe him to be   years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and year aforesaid.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certified, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the   and that C. D. who has also signed that same is a resident in the   and is a credible person, and that their statement is entitled to credit. 
I,   Clear of the Court of   do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application   for a pension. 
In testimony whereof, I have hereunto set my hand and seal of officer, this   day of   &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, 
the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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3
alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect and the general circumstances of your services.
6.To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
requested to annex their opinions of the truth of the statement of the applicant.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons-one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, 
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

(a) The declarant mast appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
e)  Every continental  officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, that the length of his service, an the different grades in which he served, in language so 
definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory state, precisely how long he served, he should amend his declaration by mailing 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 her service; but, according to the best of his recollection, he served not less than the period mentioned below, and in the following grade: -For----year-------months, and ----------days, I served as a ----------. For -----months and -------days, I served as a -----; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

{
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
}

Proof of Service.
(J) In a case to where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify 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. 
[symbol of a pointing finger] The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The required by rule in note (j) applies to continental troops only. 
(k) This traditionary evidence is indispensable in militia cases. 
(l) If a witness cannot be found, the declarant must state the fact. 
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.