Revolutionary War Pension and Bounty Land Warrant Application File S. 22,577, David Weeks, Mass.

SERVICE
NUMBER
Mass
Weeks, David
S. 22.577
CONTENTS

Vermont 9384
David Weeks
Bennington in the State of Vt. who was a private in the Company commanded by Captain Billings of the Regt commanded by Col. Larned in the Massachusetts line for
13. months
Inscribed on the Roll of Vermont at the rate of 43. Dollars 33. Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 14. day of May 1833. and sent to J. C. Merrill, Bennington Vt.
Due to the 14th of March 1833. $ 86. 66. Trans-ant. allowance ending Sept. 4. 1833. $ 21. 66.
$ 108. 32
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by J. P. Francis Clerk, Book E. Vol. 3 d Page 97.
✓

David Werk's Declaration. 3798
Admitted Private 13 mo Mch 1 1861 Admitted - Private 13 months. Mch 1 1861

I Stephen Pratt an inhabitant of Bennington county of Bennington and State of Vermont, aged 82 years, testify and say that I have from early life been acquainted with David Weeks of the same Bennington - That in 1775, I knew him an enlisted soldier in the eight months service in the Massachusetts line in Capt. Billings company, in Col. Larned's Regiment, that I belonged to said company and Regiment, and did duty with him for the full period of eight months in Roxbury and at Dorchester Point. That in 1776, I knew him in the five months service in the company commanded by Capt. Daniel Warner in Col. Holman's Regt that I belonged to the same company and regiment - at the time of the company's marching we marched from Hardwick together, and did service together, and near each other during the whole of this five months campaign.
I further say that said David Weeks has always been considered a man of truth and veracity whose statements are to be believed. -
Stephen Pratt
Sworn to, and subscribed in Probate Court this 14 th day of August, A.D. 1832
Wm Haswell, Register
I certify that I believe the above deposition sworn to by Stephen Pratt, is true, and entitled to credit.
Wm Haswell, Register
I certify that the above deponent is a credible person.
Wm Haswell, Register

STATE OF VERMONT, County of Bennington.
On this 14 th day of August Bennington, now sitting, County of Bennington and State of Vermont
A. D. 183 2 personally appeared David Weeks aged 78 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 act of Congress passed June 7, 1832.
in open court, before the Hon. the Court of Probate for the District of Bennington in the
That in May 1775, he enlisted in the town of Hardwick, Massachusetts, in the Massachusetts' line, for the period of eight months, in the Company commanded by Capt. Billings in the Regiment commanded by Col. Larned and did duty in the vicinity of Roxbury and Dorchester Point, in said State for the period of eight months.
That in July 1776 he enlisted for five months in the company commanded by Capt. Daniel Warner, in Col. Holman's Regt. that he did duty in the city of New York, until the retreat of the American forces, and the taking possession of the city by the British troops - He was with the troops which after the retreat lay below and near Fort Washington, and continued there until the appearance of British armed vessels - when we again relocated to what was called the mile square - after a few days we retired to White Plains, and was with the Army there at the time of the battle of White Plains, but not in person actually engaged being returned on the sick list guard duty and with the ammunition. We afterwards were marched to a place at or near to Courtlandt's Manor as it was then called, where we lay about Six weeks and until dismissed which was in December. - I received no written discharge. - While on this tour of duty Gen. Washington commanded in person. I belonged, as was called, to the new levies, I believe, that were attached to Gen. Fellows brigade.
I was born in Hardwick, county of Worcester, Massachusetts, I should say on the 25 th day of January, A. D. 1754, and was 78 last January - I have a record of my birth in my Bible, I have always understood there was a record in the town clerk's office at Hardwick, of my birth. I was called into service while living at Hardwick. The year after the peace I removed to Bennington, and have lived here ever since. I am known to Stephen Pratt, who served with me in the same company - with Solomon Safford & Silas Walbridge - He hereby relinquishes every claim whatever to a pension or annuity, except the present and he declares that his name is not on any pension roll of any agency of any state. He deposes that he has no documentary evidence, and knows of no person who can testify to his service, except what is known with transmitted. - David Weeks
Sworn to, and subscribed, the day and year aforesaid. Simon Haswell, Register We, Solomon Safford residing in the town of Bennington aforesaid and Silas Walbridge V.O. Merrill who has sworn to the above declaration; that we believe him to be 78 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.
Solomon Safford Silas Walbridge O. C. Merrill

I was born in Hardwick, county of Worcester, Massachusetts, I should say on the 25 th day of January, A. D. 1754, and was 78 last January - I have a record of my birth in my Bible, I have always understood there was a record in the town clerk's office at Hardwick of my birth. I was called into service while living at Hardwick. The year after the peace I removed to Bennington, and have lived here ever since. I am known to Stephen Pratt, who served with me in the same company with Solomon Safford & Silas Walbridge. He hereby relinquishes every claim whatever to a pension or annuity, except the present and he declares that his name is not on any pension roll of any agency of any state. He declares that he has no documentary evidence, and knows of no such. I can testify to his service, except what is herewith transmitted. - David Weeks
Sworn to, and subscribed, the day and year aforesaid. Wm Haswell, Register
We, Solomon Safford residing in the town of Bennington aforesaid and Silas Walbridge & O. C. Merrill residing in Bennington aforesaid hereby certify, that we are well acquainted with David Weeks who has sworn to the above declaration; that we believe him to be 78 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.
Solomon Safford Silas Walbridge O. C. Merrill
Sworn, and subscribed, the day and year aforesaid. Wm Haswell, Register
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 Solomon Safford who has signed the preceding certificate, is a credible person resident in the town of Bennington and that Silas Walbridge who has also signed the same, is a resident in the same Bennington and is a credible person, and that their statement is entitled to credit.
I, WILLIAM HASWELL, Register of the court of Probate for the District of Bennington, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of David Weeks for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 14 th day of August A. D. 1832
Wm Haswell

Additional Declaration of David Weeks.
STATE OF VERMONT, } 38. County of Bennington. }
On this 6 th day of May A. D. 1833 personally appeared in open court, before the Hon. the Court of Probate for the District of Bennington, now sitting, David Weeks a resident of Bennington in the County of Bennington and State of Vermont aged 70 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 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, and as stated in his first declaration.
That, under his enlistment in 1775, as set forth in his enlistment first declaration; he did duty for the period of eight months in the company commanded by Capt. Billings in the Regiment commanded by Col. Earnest, for the entire period from May 1775 until January 1776, when he was verbally discharged. That I served with an embodied corps, and, as I understood, by the competent authority of the State of Massachusetts, and was not employed in any civil pursuit during said period.—That I served in what I understood to be the Massachusetts line, and not with any continental troops; The Lt. Colonel I think was Keyes.—Our Major, was Maj. Holman—My Lieutenant, was Burney Sears, and the other company officer was Ensign Gorham.—Gen. Thomas was the commanding General of the troops for a time at Roxbury—and until Gen. Washington arrived in the vicinity, as understood it.—I remember Colonels Brewer & Bowdwell & their regiments were with ours in the vicinity.
That in my service commencing in July 1776, in Capt. Warner's company, of Col. Holman's Regiment under an enlistment of five months, as set forth in my first declaration, I have only to add, that I served the whole period of my said enlistment and was verbally discharged, and reached home in December 1776—and that during the period of my enlistment I was in an embodied corps, called out as I understood by competent authority, in the Massachusetts line. I remember no fact of importance except what I have

heretofore stated, and no additional material event connected with my duties. During the period of my said enlistment I was not employed in any civil pursuit. — The field officers of my Regiment were Col. Holman, Lt. Col. Reyes (I think, he was one of the two, I have some hesitation in saying he was my Lieutenant Col. in both, but I believe he was) Maj. Barney Sears. My company officers were Capt. Daniel Warner, Lieut. Warham Warner, D. St. Wood, & Ensign Dinsmore.
I knew Col. Sprout in both towns — in the first I should think his rank was that of Major. —
There were other officers I knew, but the infirmities of age makes me uncertain as to their grade at the time I knew them — of these were Putnam & Knapp, Hanson and M c Dougall.
I am infirm and blind and cannot think of many things connected with my services, which I probably once knew. I know of no man living near me that knew me in service except Stephen Pratt, whose affidavit  declaration accompanies my first declaration. —

Statement of my services.
   Period when my services were rendered. Duration of my service. Rank of claimant Names and Rank of the Field officers under whom I served Age at present and place of abode when I entered the service. Proofs by which the declarations I have made are supported.   Years Months     - 1 st tour - In the year 1775 - commenced in May and ended in December 8 private Col. Larned Lt. Col. Keyes Maj. Holman In 1776. Col. Holman Age 79 Hartwick Massachusetts The deposition of Stephen Pratt who was a soldier with me and knew me in service, and witnessed my performance of the duties of a soldier.   - 2 nd tour - In the year 1776 - commenced in July, and ended in December 5 private Lt. Col. Keyes Maj. Sears Hartwick Mass. As above veracity &c. Nathaniel Safford Isaac Walbridge D. C. Merrill. A. J. Haswell.   1 1  
My company officers were
In 1775 - Capt. Billings, Lt. Lean, Ensign Goshorn. In 1776 - Capt. Warner, Lt. Warner, 2 nd Lt. Wood, Ensign Dinmore. I recollect officers of other lines & regiments - Gen. Washington, Gen. Thomas - Col. Brewer & Col. Boardwell - Col. Sprout.

Additional declaration of David Weeks.
He 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.
In answer to the interrogatories propounded by the Court the applicant declares,
 1st. That he was born at Hardwick, Mass. a January 26, 1754  2d. That he has a record of his age in his Bible, has always understood his birth was recorded in the town records of Hardwick.  3d. That he lived in Hardwick when called into service, a year after the revolutionary war ceased he removed to Bennington, Vt. where he has since resided, & now resides.  4th. That he was denominated a soldier of the new levies of the state of Massachusetts on his last enlistment. His first enlistment, he supposes he was an enlisted soldier of the state.  5th. That among the regular officers who were with the troops where he served, he recollects Gen. Washington, Gen. Thomas, Col. Brewer, Col. Boardman & Col. Sprout.  6th. That he never received a written discharge 
7th. That he is known to O. C. Merrill residing in Bennington and Anthony J. Haswell residing in same Bennington who can testify as to his character for veracity, and their belief of his services as a soldier of the revolution.
Witness, Wm Haswell - Mr. Weeks name written by me, by his direction, he being at this time blind.
David Weeks mark
Sworn to, and subscribed, the day and year aforesaid. Wm Haswell, Register
We, O. C. Merrill residing in the town of Bennington and Anthony J. Haswell residing in same Bennington hereby certify, that we are well acquainted with David Weeks who has subscribed and sworn to the above declaration; that we believe him to be 79 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.
O. C. Merrill, Anthony J. Haswell
Sworn, and subscribed, the day and year aforesaid.
Wm Haswell, Register
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 O. C. Merrill who has signed the preceding certificate, is a credible person resident in the town of Bennington and that Anthony J. Haswell who has also signed the same, is a resident in the town of Bennington and is a credible person, and that their statement is entitled to credit.
Wm Haswell, Register
I, WILLIAM HASWELL, Register of the Court of Probate for the District of Bennington, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Weeks for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 6th day of May
A. D. 1833
Wm Haswell

Fairbury Nebr
May 23, 1903
Dear Sir
Will you inform me, if the names, David Weeks, and Timothy Munn are on file in the Pension Office, as Revolutionary soldiers. Thanking you in advance for your kindness.
Miss Hona Weeks Fairbury Nebraska

22574
3-068. (Old No. 3-649.)
6-20
Bureau of Pensions.
David Weeks
Aug 14, 1832 - 78 Bennington Vt
May 75 Hardwick Mass Capt Billings Col Learned Pvt - 8 m
July 76 Cpt Daniel Warner Col Holman Pvt - 5 m
No Bat
Born Jan'y 25, 1754 Hardwick Mass

Revolution
22 577 INVALID.
File No. 22.577
Dora Weeks
St. Paul
Act: June 7 th 89 th
Index:—Vol. 2 , Page 471
[Arrangement of 1870.]
June 4, 1903 - Hi Miss Dora Weeks Fairbury Neb

3/98
David Meeks
O.C. Merrill Esq, Bennington VT

WAR DEPARTMENT,
Pension Office,
26 April 1833
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 subjunct 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
   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,
J. L. EDWARDS, Commissioner of Pensions.
Mr David Weeks

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) 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 enquiry 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 file how 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, 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 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 [j] 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.