Revolutionary War Pension and Bounty Land Warrant Application File R. 11686, William Wilson, Va.

SERVICE
NUMBER
Va.
Wilson, William
R. 11686
CONTENTS
8-2-100

Mr H Wilson
Wm Wilson
abt 1832
Virginia
Ex B. Mr Ellis
Feb 27-1852

Know all men by these presents I Wm H Wilson of the Town of Portsmouth & County of Norfolk do hereby constitute and appoint James B. White Esq Attorney My true and lawful attorney to prosecute & obtain from the United States all Pensions or annuities of Pensions that may be due the heirs of William Wilson who served in the Revolutionary War who died in Town of Portsmouth on or about the year 1838. as will more accurately appear from the family record.
And I further authorise My said agent And attorney to appoint one or more agents to act under him all of whom acts I will ratify and confirm these presents.
And for the trouble and expenses of my said agent I hereby agree to give one third part to which I may be entitled for the services of the said Wm H Wilson who was my father, and made his Declaration for a pension in the County of Norfolk in the year 1832.
Given under My hand this 25 th day Dec. 1851.
Wm H Wilson

Norfolk County State of Virginia
This day William Wilson personally appeared before me a justice of the Court for the City of Norfolk and acknowledged the within power of attorney as his act and deed
Given under my hand this 25 th day of December 1851.
John Nash J. Peace
State of Virginia
Norfolk County to wit:
At a Court held for Norfolk County the 17 day of September 1833. William Wilson a resident of the Town of Portsmouth in this County this day appeared in Court and made on his oath the following declaration in order to obtain the benefit of the act of Congress passed the 7 June 1832 "State of Va. &c (here insert it) - And the Court doth certify that they believe the statements contained in the foregoing declaration are true & that the said W m Wilson is a man of veracity & great respectability. And they moreover certify that it has always been understood & believed in this County that the said William Wilson was an active vigilant soldier of the Revolution and sustained injury in his property by the common enemy and by the refugees.
I Arthur Emmerson Clerk of the County Court of Norfolk County in the State of Virginia aforesaid do hereby certify that the foregoing is a true transcript from the records

of the said Court and I further certify that John Nash who has given the preceding certificate of acknowledgment is a Justice of the peace in and for the County of Norfolk aforesaid, duly Commissioned and qualified to act as such according to the Constitution and Laws of this State -
GIVEN under my hands and the seal of the said Court this 25: day of December 1851 in the 70 th year of the Commonwealth -
Arthur Emmerison Clerk
I hereby constitute Bepasias Ellis of Washington my true and Lawfull attorny to prosecute the pension claim of William Wilson to an allowance and to examine the papers and file papers in the case in as full and ample a manner as I could do if personally present
GIVEN under my hand this 29: day of December 1851 -
Jas. A. White City,

State of Virginia.
Norfolk County to wit.
On this 19 th day of May 1834 personally appeared before the Court of Norfolk County sitting; William Wilson a resident of the Town of Portsmouth in the said County of Norfolk aged seventy two years who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed 7 th June 1832.
That early in the year 1777 he was at the age of sixteen years placed by his father John Wilson who was Colonel of Militia in the County of Norfolk Virginia, as a private in the company of militia commanded by Josiah Wilson. This company was called into service in the Revolutionary War to repel the invading enemy as well as to resist their allies the refugees who were numerous. The nature of the service was this - when danger was apprehended from the repeated invasions of the British, the company was ordered out by the Colonel of the Regiment and continued in service for a longer or shorter period until the enemy left the County or the refugees were put down. The County is here very much intersected with Rivers, Creeks, marshes and swamps and the duty of defending and securing it very arduous. His Captain the said Josiah Wilson was killed by the refugees about the middle of the year 1778. He can say with certainty that in the various tours of duty as aforesaid between his first entrance into the service and the time of the death of his said Captain Josiah Wilson he served nine months.
That after the death of the said Josiah Wilson he volunteered in the company commanded by William Hall in the same Regiment and was engaged with his company in the same sort of service under similar orders and continued to perform the like duties at various times for the further term of at least nine months - His service in this company ending some time in the year 1780.
In the year 1779 the said Colo. John Wilson died and the command of the Regiment devolved on Matthew Godfrey.
After his said service in Hall's company as aforesaid he served during the years 1780 & 1781 in the company of the militia commanded by Capt. John Portlock of the Infantry & in the company of Capt. Payne of the Cavalry of said County - they were called into service in the like manner as first stated & performed similar duties. He

He served in the various lines of duty under those officers six months at least in Portlock's company and three or four months in Paynes company that he is now seventy two years of age.
Portsmouth May 19. 1834.
He hereby relinquishes every claim whatever to a pension or any annuity except the present and he declares that his name is not on the pension roll of any agency in any state
John Wilson
The Court propounded the following interrogatories to the applicant.
1 st Where and in what year were you born?
Answer. I was born in the Parish of Saint Bridget in the County of Norfolk on the 5 th day of December 1761.
2 nd Have you any record of your age and if so where is it.
Ans. I believe there was a record of my age in my father's Bible which was sold upwards of forty years ago at his sale, since which time I have not seen it.
3 rd Where were you living when called into service; where have you lived since the Revolutionary War and where do you now live?
Ans. I was living with my father Colo. John Wilson in the Parish of Saint Bridget when called into service, I continued to live in the Parish till the year 1794 when I moved to the Town of Portsmouth in the said County of Norfolk and do now there reside.
4 th How were you called into service; were you drafted, did you volunteer or were you a substitute and if a substitute for whom?
Ans. I was a volunteer. I was not drafted, nor never was a substitute.
5 th 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 and the general circumstances of your services.
Answer. I do not think there were any Regular Officers with the troops where I served; nor were there any Continental Regiments I can recollect of. I only recollect Major H m Wolff a Continental Officer who was stationed at Portsmouth.
The general circumstances of my service are contained in my declaration. My father John Wilson was Colonel of the County. In writing of Patrick Henry who was Governor of Virginia an account is given of his services. The particular warfare in Norfolk County is matter of history.

6 th Did you ever receive a discharge from the service and if so, by whom was it given and what has become of it.
ans: I received no written discharge - after the surrender at York I was discharged.
7 th State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and their belief of your services as a soldier of Revolution.
Answer. I am known by almost every citizen of the County having been Clerk of the Court of this County, for more than forty years. There are no persons living I know of who can testify to my services as a soldier of the Revolution, but there are great many persons living who believe that I was, some of whom can testify to the fact of having heard their ancestors say so who were in service with me.
David Fenwick (a Justice of this Court) and Isaiah McCoy appeared in open Court and made oaths that they are well acquainted with W m Wilson now before the Court an applicant for a pension - That they believe he is of the age he states to wit Seventy two years - That they have always heard & understood that the said W m Wilson was a soldier in the County of Norfolk in the Revolutionary War and never had the least doubt of the fact. They have heard of his father who was Colo: of the County and a great Whig in the confidence of the Governor. They have no doubt the statements made by the said Wilson in his declaration which they have read are true, he is a man of character and respectability. and the said Court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary soldier and served as he states. That the above mentioned David Fenwick & Isaiah McCoy are residents of the said County of Norfolk & are men of respectability and worthy of credit.
The Court repeat their belief that the said W m Wilson served as stated in his declaration, they have often heard that he was an active militia man in this County and that some years after the War an office was bestowed on him on account of his zealous services in the War.
I William H Wilson Clerk of the Court of Norfolk County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of W m Wilson for a pension.

In testimony whereof I have hereunto set my hand and the seal of office this the twenty sixth day of May in the year of our Lord one thousand eight hundred and thirty four and of our Independence the fifty eighth.
William H Wilson
C: C:
Hon. G. Gayle
27. Ver 430.

In the various Tours of duty before the middle of the year 1778 20th Inf y under Josiah Weston who died at the time of 9 months - the same sort of service under Capt. McHale at various times of monthly his services in this company terminated in the year 1780. after his service in Hales company he served in 1780 & 1781. in the company of Militia commanded by Capt. John Pollack Infantry & Capt. Isaac Payson of the Cavalry - in the various Tours of duty under their officers 6 months in Pollack's & 3 or 4 in Payson's - saw in Payson for 3 months. with Pollack the fall having here he writes to his spring of the year recollects the name - when they were encamped.

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Wm Wilson Virginia
Suspended, Ser W to Applicant Aug 9. 1834 do to Com. Barron Apr 17, 1838 - do to same, Oct. 23. 1838
11686
Act June 7 32

May 21 - 98 -
Letter to Mr. A. C. Wilson
Portsmouth Va with info that claim was made but never allowed for reason that claimant did not specify his services to the satisfaction of the
Department x

May 21/93 Letter to Mrs. A. E. Wilson Portsmouth, Va., P.S.
11,686
P. O. M rs Wilson
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleged: The printed list of 1852 gives cause of suspension as
Reenlisted: "No proof or specification - claim rejected"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____

Commodore Barron
enquires about the cause } at
of M rs Martha King } '36
I Wm Wilson } at '32 pa

FREE
Edwards Esq.
Com. of Pensions
Washington City
[Faint handwritten text, possibly a date or name]
[Faint handwritten text]
[Faint, mostly illegible handwritten text]
[Faint handwritten text]

Sir,
Norfolk July 31. 1834
I now enclose to you with my original declaration & the other papers, an amended declaration explanatory of the original. It is impossible for me to be more particular. I hope it will be deemed sufficient and induce a favourable result.
Your Ob st Serv t
Wm Wilson
[Faint, mirrored handwriting from the reverse side of the paper]
EBET

War Dep t Pension Office Oct. 23. 1838
Dear Sir,
I have examined the papers in the case of William Wilson, dec d and I find that I cannot admit the claim unless the tours of duty be specified as heretofore required. As he is now dead, and as he was more competent than any other person to render a detailed account of his service, and as he could not comply with the regulations, I cannot conceive that the surviving members of the family, or any of his contemporaries, will be able to make such a statement of his service as the rules require. No doubt was ever entertained by the Dep t as to the good character Mr r Wilson bore. What was required of him was asked of every other claimant; and if from loss of memory he failed to comply with the rules, it was his misfortune. I regret that it is not in my power to do any thing in the case in favor of his representatives. I enclose a copy of the regulations, from which it will be seen that a very minute statement is required of all applicants who were in the militia

Scire
com. common
23. Oct. 1832
J
E
N o 27430 Virginia Index act 7 June 1832
Commodore James Barron U. S. Navy, Present.

Mr Nelson's amended declaration
1834
21 July sworn to v

The declaration of William Wilson amendatory of his declaration made before the Court of Norfolk County in Virginia on the 19 th day of May 1834 to entitle him to a pension.
In the declaration of the 19 th May he states that between the time of his first entrance into the service under Capt. Josiah Wilson about early in the year 1777 and the middle of the year 1778 his whole tours of duty together with the remainder of the year 1778  was nine months service - He now declares & states that within the periods aforesaid that his said service consisted of at least five distinct tours of duty of one month each - He is confident this service in all was at least nine months, but he cannot recollect more than is now stated of the particular tours of duty.
His said original declaration states that his whole service under Capt. William Hall was nine months - He now declares & states that this service comprehended at least four distinct tours of duty of one month each.
His said original declaration states that his services in the companies commanded by Capt. Portlock & Capt. Payne were in Portlock's company six months, in Payne's company three or four months. He now states & declares that
one

the entire term of duty under said Patrol consisted of six months. He is the more particular above this, superior than any other from his recollections of the encampment & the circumstances attending it.
He now states & declares that his services under Capt. Payne before mentioned & referred to consisted of at least three distinct terms of six months each one term of three months at least.
Wm Wilson
Virginia At a court held for Norfolk County on the 21 st day of July 1834.
The above named William Wilson appeared in open court and subscribed and swore to the foregoing declaration which is ordered to be certified.
I William H Wilson Clerk of the said court of Norfolk County do hereby certify that the above is a true copy from the records of the said court given under my hand & the seal of the said court this 28 July 1834 & of our Independence the 59-
Wm H Wilson

Common- Apr 17. 1838,
06

War Dept Pension Office, Apr 17. 1838.
Sir,
In relation to the case claim of William Wilson I have to inform you that his claim has not been admitted because he has not specified his service in the manner pointed out by the rule which you will find on the 2 d page of the enclosed printed sheet.
The claim of Mrs Martha King this is admitted widow of Miles King, dec d was examined and on the 13 th of February last. I enclose herewith a copy of my letter of that date to T. C. Tabb, Esq. shewing what further evidence is required to substantiate her claim, under the act of July 4. 1836.
Com. (Henson)

William Nelson
Aug 9. 1832
al

Department of War Pension Office Aug 9 1872
Sir
I have examined your amended declaration to find equally defective with the original. and have suspended the claim until such time as you will be able to specify your reasons as is required by the rule and regulation. require. The papers are placed in file JAM.
Mr William Nelson Norfolk Va.

27. 430 William Wilson Virginia
e Special letter.
Hon G. Loyall N.R.

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 a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement,  shewing the Service of William Wilson
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched.  This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I, _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, viz. in the following grades:—For _____ year _____ months, and _____ days. I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.