Summary: George Arehart (or Archart) submitted his claim for $160.00 in 1872, but the claim was disallowed because he had voted in favor of secession and purchased a substitute for Confederate service, and the Commission held him disloyal. He appealed the charge of disloyalty in a brief filed with the Congressional Court of Claims on December 14, 1895.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| One Horse | 100.00 | 0 | 100.00 |
| 200 lbs Bacon | 50.00 | 0 | 50.00 |
| One Barrel Flour | 10.00 | 0 | 10.00 |
| Total | 160.00 | 0 | 160.00 |
Claims Summary:
Claimant swears that he provided a substitute to the Rebel Army in order to stay at home with his family.
This was equivalent to personal service in the ranks and was an act of aid and Comfort to the Rebellion inconsistent with the Claim of Continuous loyalty during the War.
We reject the Claim.
Testimony: George L. Arehart
United States of America, State of Virginia
I, W.G. Riley a commissioner selected & designated by the commissioners of claims appointed under the act of March 3d 1871, to take & record testimony do hereby certify that the reason for taking the following depositions is & the fact is the matter of claim of Geo. L. Arehart of Augusta Co. vs. The United States of America & the witnesses herein named being first duly sworn answer as follows.
Ques. 1 Witness says: I am 43 years old, I reside in Augusta Co. have lived here during my life except five months during the war when I was in Indianna. I left the Confederate States in Jany 1864, & went to Montgomery Co. Indianna. I am a farmer.
3 Witness says: When Genl. Hunter occupied Staunton, I got a pass from the US Army, & went to my home in Augusta co. did not go away again during the war.
4 Witness says: I can hardly tell whether I took an oath of Allegiance to the Confederate States.
5 Witness says: I took an amnesty oath in 1865, in Staunton Va. It was required of all. Have never been pardoned by the Presdt. Never asked for any.
6 Witness says: I was never directly nor indirectly connected with the civil service of the so called Confed. States
7 Witness says: Never held any office or place of honor profit or trust under the Confed. States, or any state under its authority
8 Witness says, I held no clerkship, agency or employment, for, under or for the benefit of the so called Confed. States.
9 Witness says: I never was in any capacity in the Military or Naval service of the Confed. States, or any State subordinate thereto.
10 Witness says: I never was an officer soldier, sailor or marine in either the army or navy of the Confed. States. I furnished a substitute, in order to stay with my family, to the Confederate army. I was in no manner exmployed in any department of the Confederate Govt. I did not at any time have charge of any stores, trains, teams, wagons, vessels, or munitions of war for the use of the Confed. Army or Navy.
11 Witness says: I was in no sort of service in either the Army or Navy, of the Confed Govt. or any of its departments, I did not furnish any aid, stores or supplies of any kind, for the Confed Govt. Did not give any information to any officer soldier, sailor or marine, or any one employed by the Confed. Govt.
12 Witness says: I was in no manner employed in the manufacture of any kind of goods, for the Confed Govt. nor in any way interested therein nor did I aid therein.
13 Witness says: I was neither directly nor indirectly employed, nor interested in the collection, or impressment of any supplies of any kind for the Confed. Govt. Had no interest or share in contracts or purchases for the Confed Govt. or its Army or Navy.
14 Witness says: I never was engaged in blockade running, or illicit traffic between the lines.
15 Witness says: I left the so called Confed States the 24 of Jany 1864 & went to the State of Indianna. I did so to avoid service in the Confed. Govt. Was absent five months & a half, was engaged while there in farming. I returned to my home in Augusta Co. Came back in July 1864.
16 Witness says, I was neither owner nor part owner of any vessel engaged in navigating the waters of the Confed Govt.
17 Witness says: I never was arrested by the Confed Govt. I was arrested by the US Govt. on my way home, at Harpers Ferry. I was released by proving my loyalty to the U.S. Govt.
18 Witness says, I had a horse taken by the Confed. Govt. which they kept six weeks. I got it back in six weeeks, but rec'd no pay.
19 Witness says: I never was threatened, with injury to my person or property, on account of my Union sentiments
21 Witness says: I contributed nothing in aid of the Union Cause, or its Army or Navy
23 Witness says: I had relatives in both Union & Confederate Armies. I did nothing to supply them with military equipment or money
24 Witness says, Never held any Confed. States & never did anything to support its credit.
25 Witness says: I have never given aid nor comfort to the rebellion
26 Witness says: I never engaged in raiding into the U.S. from Canada in in the obstruction of the commerce of the U.S.
27 Witness says: I never was engaged directly nor indirectly in holding in custody any persons taken as prisoners of war by the Confed. Govt.
28 Witness says: I never was a member of any society for the expulsion or persecution of any person on account of loyalty to the U.S. Govt.
29 Witness says, I never was a paroled prisoner of the United States.
30 Witness says, I have never held any office in either the army or navy of the U.S. was not educated at either the Military Academy or the Naval school.
31 Witness says: I recd. a pass from the the Union forces, but none from the Confed. Govt.
32 Witness says: I never was, & am not under any disabilities imposed by the fourteenth amendment to the Constitution of the U.S. Have held no office under the U.S. since the war.
33 Witness says: At the beginning of the War, I had no sympathies for the rebellion. I voted for the ordinance of cesession, was forced to it, & knew nothing of cesession, would have given Fifty Dollars in silver to have recalled it. After the adoption of the ordinance of cesession, I was for the Union & not for my State.
34 Witness says: I solemnly declare that from the beginning to the end of the war, my sympathies were at all times with the Union Cause, & I was at all times ready & willing to aid the Union Cause, to the extent of my ability & as far as the circumstances permitted, & further this deponent sayeth not.
Sept. 12th 1871
George L. Arehart
Sworn to & subscribed before me this 12th day Sept 1871 WG Riley
Testimony: Mary M. Arehart
Mary M. Arehart a witness introduced by the claimant to prove the taking & furnishing of the property named in the petition being duly sworn, answers as follows.
Ques 1 Witness says: I am 22 years old. I reside in Augusta Co. I was present when the articles mentioned in the petition were taken.
2 Witness says, I saw a horse taken, one bbl. flour, about 200 lbs bacon, & 1/2 bus. sack.
4 Witness says: The property was taken in June 1864 from the claimants farm, by soldiers of the Union Army. Don't know the comd'g officer, think it was Gen'l Hunter
5 Witness says: My mother, brother & a servt. give.
6 Witness says: I don't any officer or non. com. officer was present when the property was taken.
7 Witness says: The horse was taken from the field, & the flour & bacon taken from the house. Mother said don't take all the bacon, they said we leave you 3 pieces, that was enough. Told them Father was in Indianna & was loyal to the U.S. Govt.
8 Witness says, The horse was led away the flour was carried in bags, & the bacon on the guns & swords.
9 Witness says, The property was taken to camp near Middlebrook. Did follow it there & did not see any of it again.
10 Witness says, Do not know for what use it was taken, but suppose it was for the use of the Govt.
11 Witness says, Mother complained to the soldiers on account of the taking, & they said we leave you three pieces, that is enough for you.
12 Witness says, No receipt was asked for & none given
13 Witness says, The property was taken in the afternoon, was not taken secretly.
14 Witness says, When the property was taken the army was not encamped near, was just passing through. did not know any of the Q.M. had been no battle or skirmish near
15 Witness says: The horse was in good condition, was not very old, worth I should say ($100) One Hundred Dollars About 200 lbs bacon worth about 25c twenty five cents per lb. Flour was worth Ten Dollars.
19 Witness says I think the property mentioned in the petition was taken for the use of the Army, & not for individual use.
22 Witness says: I think it was taken for some purpose so necessary & useful, as to warrant the Govt. in paying for it.
23 Witness says: I think the soldiers who took it we justified in doing so. & further this deponent sayeth not
Sept. 12th 1871
Mary M Arehart
Sworn to & subscribed before me this 12th day of Sept. 1871
WG Riley United States Commissioner and Special Com. for State of Va
Testimony: Jacob Bowman
Jacob Bowman a witness introduced by the claimant to prove his loyalty to the U.S. Govt, being duly sworn answers as follows:
Ques 1 Witness says: I am 36 years old. I reside in Augusta Co. I am a Miller. Have known the claimant 25 years, reside within 2 miles of him. Saw him often during the war. Talked with him about the war, & I considered him loyal to the U.S. Govt. during the War, & he was so regarded by his neighbors. Did not know him to do anything for the U.S. Govt. except to go through the lines. He put in a substitute in the Confed. Govt. he had to do so to keep out of the army. Heard of his being threatened but don't think he was ever molested on account of his Union sentiments. I think he was too loyal to the U.S. Govt. to have been loyal to the rebel Govt. had it succeeded & further this deponent sayeth not.
Sept. 12th 1871 Jacob Bowman
Sworn to & subscribed before me this 12th day Sep 1871
WG Riley United States Commissioner
Testimony: David Thornton
David Thornton a witness introduced to prove the loyalty of the claimant to the U.S. Govt. being duly sworn, answers as follows.
Ques 1 Witness says: I am 62 years old. I reside in Augusta Co. am a Farmer Have known the claimant about 15 years. Did not see much of him the first part of the war, but the latter part of the war I saw him frequently. Did not talked with him much, so far as I know he was loyal to the U.S. Govt. I do not know whether he was so regarded by his neighbors, did not live in his immediate neighborhood. Did not know him to do anything for either the U.S. or Rebel Govt. during the War He was too loyal to the Govt. of the U.S. to have been loyal to the South had it succeeded. & further this deponent sayeth not.
Sept 12th 1871 David Thornton
Sworn to & subscribed before me this 12th 1871 WG Riley United States Commissioner and Special Com. for State of Va.
Testimony: George Ruebush
State of Virginia, County of Augusta
Mr George Ruebush, John Spittler, David Bowers, & John Engleman, all of the County and State aforesaid, being duly sworn do depose and say, that they are well acquainted with George L. Arehart, of said County and State, and so firmly believe that the property represented by him in this claim for property taken by the U.S. forces under Gen Crooks was so taken, and was of the full value charged. We know him to have been during the war of rebellion, a firm and loyal Citizen of the U.S. Early in 1864, he refugeed from his home, owing to persecution for his Union sentiments. And never by act or deed furnished aid or support in any manner to the Confederate Government, its officers or adherents.
George Ruebush, John Spitler, David Bowers, John Engleman
Sworn to and subscribed before me this 24 day of April 1871 at Staunton Va.
James W Baldwin N.P.
Testimony: Claimant's Brief on Loyalty
IN THE COURT OF CLAIMS. DECEMBER TERM 1894-95.
Geo. L. Archart, vs. The United States No. 8720 Cong.
STATEMENT.
The claimant in this case resided in Augusta Co., Va., during the late war.
The Commissioners of Claims rejected his claim, and in their report to Congress state:--
"Claimant swears to that he furnished a substitute in the rebel army in order to stay at home with his family
This was equivalent to personal service in the ranks, and was an act of aid and comfort to the rebellion inconsistent with the claim of continuous loyalty during the war.
We reject the claim."
The claim was transmitted to the Court by the Committee on War Claimd, March 12th, 1892.
BRIEF ON LOYALTY
The following testimony was taken in Sept. '71.
GEO. L. ARCHART testifies: Age 43; residence Augusta Co., Va. Have lived here during my life, except five months during the war when I was in Ind. I left the Confederate states in Jan. '64, and went to Montgomery Co., Ind. I am a farmer. When Gen. Hunter occupied Staunton, I got a pass from the U.S. army and went to my home in Augusta Co.. Did not go away again during the war. Can't hardly tell whether I took an oath of allegiance to the Confederate states. (P.2). Took the amnesty oath in '65, in Staunton, Va. It was required of all. Have never been pardoned by the President. Never directly or indirectly connected with the civil service at the Confederate states. Never held any office under the Confederate states. Never in any capacity in the military or naval service of the Confederate states. Never an officer or soldier in the army or navy of the Confederate states. I furnished a substitute, in order to stay with my family. In no manner employed in any department of the Confederate Govt. (P.3). Never had charge of any stores, etc., for the Confederate Govt. Did not furnish any aid, stores or supplies of any kind to the Confederate Govt. In no manner employed in the manufacture of goods for the Confederate Govt. Neither directly or indirectly employed in the collection or impressment of supplies to the Confederate Govt. Had no interst or share in contracts for the Confederate Govt. Never engaged in blockade running. (P.4).
I left the Confederate states the 24th of Jan. '64 and went to Ind. Did so to avoid service in the Confederate Govt. Was absent five months and a half. Engaged while there in farming. Returned to my home in Augusta Co., in July '64. Neither the owner or part owner of any vessel engaged in navigating the waters of the Confederate Govt. Never arrested by the Confederate Govt. Was arrested by the U.S. Govt. on my way home at Harpers Ferry. Released by proving my loyalty to the U.S. Govt. I had a horse taken by the Confederate Govt., which they kept six weeks. I got it back in six weeks, but received no pay. Never threatened with injury to my person or property on account of my Union sentiments. I contributed nothing in aid of the Union cause. (P.5). Had relatives in both Union and Confederate armies. Did nothing to supply them with military equipments. Never held any Confederate bonds, or did anything to support its credit. Have never given aid nor comfort to the rebellion. Never engaged in raiding into the U.S. from Canada. Never engaged in holding in custody any person taken as prisoner of war by the Confederate Govt. Never a member of any society for the expulsion or persecution of any person on account of loyalty to the U.S. Never a paroled prisoner of the U.S. Never held any office in either the army or Navy of the U.S.. (P. 6). Received a pass from the Union forces, but none from the Confederate Govt. Under no disabilities. Held no office under the U.S. since the war. At the beginning of the war I had no sympathies for the rebellion. I voted for the ordinance of secession, was forced to it, and knew nothing of secession. Would have given fifty dollars in silver to have recalled it. After the adoption of the ordinance of secession, I was for the Union, and not for my state. Solemnly declares from the beginning to the end of the war his sympathies were with the U.S. Was at all times ready and willing to aid the Union cause. (P. 7).
JACOB BOWMAN testifies: Age 36; residence Augusta Co., Miller. Have known the claimant 26 years. resde within two miles of him. Saw him often during the war. Talked with him about the war. I considered him loyal to the U.S. Govt. during the war, and he was so regarded by his loyal neighbors. Don't know him to do anything for the U.S. Govt. except to go through the lines. He put a substitute in the Confederate Govt. He had to do so to keep out of the army. Heard of his being threatened, but don't think he was molested. I think he was too loyal to the U.S. Govt. to have been loyal to the rebel govt. had it succeeded. (P.11).
DAVID THORNTON testifies: Age 62; residence Augusta Co., Farmer. Have known the claimant about 15 years. Did not see much of him the first part of the war, but the latter part of the war I saw him frequently. Did not talk with him much. So far as I know he was loyal to the U.S. Govt. I don't know whether he was so regarded by his loyal neighbors. Did not live in his immediate neighborhood. Didn't know him to do anything for the U.S. or Confederate Govt. He was too loyal to the Govt. of the U.S. to have been loyal to the South had it succeeded. (P.12).
The following testimony has been taken since the reference of the claimant to the Court, in Aug. 1895.
JACOB BOWMAN testifies: Farmer; age 60; residence Arbor Hill, Va. Not interested, connected by marriage. (P. 1). Claimant was considered a Union man, as far as I knew him, and I think I knew all about him. He was regarded as "all right" by his loyal neighbors. I know that. I know of nothing very special he did to aid the Union army. He hired a substitute. He was bound to do it or leave the country. It took all the money had had to do it with too. I don't know how he voted in '61, but he exerted his influence against secession. He was the same clear through. I know all about it. (P.2). My acquaintance with the claimant began when I was a small boy. Have known him all my life. Acquanitance intimate during the war. Lived about four miles from him. Saw him tolerable often, frequently. Just saw him in the ordinary course of business. We sometimes got into ticklish places and I didn't see him then often. He said "I'll be damned if we don't whip the Confederacy out inside of six months." I suppose he expressed himself that way to me hundreds of times. He expressed himself to me alone as far as I recollect, though there may have sometimes been intimate friends present. I was an adherent of the Union cause, and known as such to the claimant. (P. 3). He went through the lines into Ind., early in '64. He did this to avoid service in the Confederacy. He returned in about six months. Was threatened with search of his house after returning from Ind., and had to go into hiding. I furnished him flour and bacon during that time. From Christmas until the surrender he remained in hiding Claimant was not a dunkard. Not molested, except they talked of taking him to the army. (P. 4). The majority of people in our community voted for secession, because they didn't know what they were doing. Nine-tenths of Augusta Co., didn't know what secession meant. Don't think people voted for secession, thinking the North seeing us solid, would allow us peaceable to go out. I have a claim like this. (P. 5).
WM. BOSSERMAN testifies: Age 69; farmer; not interested, connected by marriage. (P.6). Claimant's reputation was that of a Union man. That was the reason the Confederates like to cotch him. Loyal men regarded him as one of themselves, and they furnished him supplies when hiding. Don't know anything he did to aid the Union army, except to keep from fighting the Union side. He didn't aid the Confederate Govt. Did hire a substitute to keep from from fighting. When substitute's time out he went to the mountains and hid himself. Don't know how he voted. He got stronger in his Union sentinments as the war went on. (P.7). Have known claimant ever since early boyhood. His farm joined mine. Saw him often. Two or three times a week, sometimes not so often. In conversations he was bitter down on the Confederacy, and the war. Conversed generally alone, as he wanted to keep his sentiments quiet from the Confederates. I was not a Union man. (P.8). He went away, did not remain in the Confederacy through the war. Went West. Came back but did not come home. Was hiding in the mountains until the close of the war. He went away to avoid service in the Confederate army
CROSS-EXAMINATION WAIVED. (P. 9).
GEO. L. ARCHART testifies: Claimant; farmer; (P. 1). I voted for secession. Was plowing near sundown on the day of the election. Meredith Hogshead and Joe Fix came and told me I had to go and vote. Told them I didn't want to, as I didn't understand secession, and didn't want to vote. They took me one by each arm and pulled me over to the voting place and they voted for me. I didn't vote as they called my name out. The plow field was about two miles from the polls. After finishing plowing that day, went to Middlebrook to get a plow share. As soon as I got in the village store they came and took me by the arms to the polls and voted for me. I didn't understand it. They gave my vote in for me. They were not enemies of mine, they were friends. I did not make fun of it. We were boys together. No threats were made I did not remonstrate to the Commissioners of the election for counting that vote. I did not go when the militia were called out. Cut my foot with an axe about that time Didn't report the accident, but they never came after me. Never called on me but once after that. Then I went West. (P. 2). That was in '64. Mr. Bowman put the substitute in for me, I think in (62 when my foot was cut. Bowman was my brother-in-law. He paid $230 when he put him in. I was to pay Bowman back. The young man close to Bowman wanted to go in. Bowman said I would have to go in as soon as I got well, or put in a substitute. Thought he could get me one. I was not able to get out, done it to stay with my family. I had no negroes to fight for and that was what it was about. Rather hire some one than stand up and get shot at. The substitute was furnished as I have stated. By my brother-in-law. That was the first time I heard of war, and didn't know anything about it. (P. 3). I did not want to help the Confederacy. Wanted to stay with my family. Was a married man. Had I not been married, I would not have hired a substitute, or fought for the Confederacy, either. I would have left the Country. I assisted 12 through the lines at one time. Confederate Capt., Lt. and 10 privates. I left the Confederate lines myself with 16 others. I helped soldiers to get through and assisted deserters in getting through the lines.
SUMMARY
The Commissioners base their disloyalty finding upon the claimant furnishing a substitute. He says he furnished a substitute in order to stay with his family. He finally however, had to leave the Confederacy in Jan. '64 and go to Ind. in order to avoid service in the Confederate army He was never threatened on account of his Union semtiments. Had relatives in both armies. Owned no bonds Received passes from the Union forces. None from the Confederates. Had no sympathies with the rebellion in '61. Voted for the ordinance of secession because he was forced to. Continued loyal throughout the war.
His witnesses testify that he had to put a substitute in to keep out of the army. That they heard of his being threatened. That his reputation was that of a Union man during the war.
One of the witnesses state that he was bound to put in a substitute or leave the country.
That he expressed Union sentiments throughout the war. They also state that he went through the lines to Ind. early in '64 to avoid service in the Confederacy. That he hid out to avoid service.
The testimony shows that he was justified in furnishing a substitute, and that his vote for secession was not a voluntary act.
The proof of loyalty is strong and convincing.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS. December Term 1896.
Geo. L. Arehart vs. The United States. No. 8720, Cong.
DEFENDANT'S BRIEF ON LOYALTY
The evidence is correctly abstracted in claimant's brief on loyalty.
Claimant resided during the war at Middlebrook, Augusta County, Va. and by his own showing voted for the ordinance of secession and without any coercion whatever voluntarily furnished a substitute in the Confederate army. (Claimant's brief pp. 2, 3, & 7)
He says in explanation of his vote that he was plowing in the field and two neighbors came and took him one by each arm to the polls and voted for him and that he did not understand the question.
When his attention is called to the fact that his field was two miles from the polls he changes that part of the story about plowing and says that he had gone into Middlebrook on business when his neighbors forced him to vote and admits that the whole matter was friendly. This was clearly a voluntary vote.
In regard to the substitute he says (p. 7) that at the time he furnished one he was himself disabled temporarily and was not liable to conscription. He introduces no evidence even tending to show that he was in any manner coerced.
He proves that in 1864 he left the Confederate lines to avoid service and did not put himself in their power again. This was a loyal act and if it had been done in 1861 instead of 1864 it might be of some account to claimant now. As it is however, claimant was clearly disloyal prior to 1864 and it is not material to enquire what he was after that date.
There is on file in the C.S. Archives a voucher showing that claimant sold to the Confederate Q.M. at Staunton, Va. 40 bushels of oats fro which he received $80.00.
Saml. A. Putneas Assistant Attorney.
Testimony: Reply to Defendant's Brief on Loyalty
COURT OF CLAIMS. DECEMBER TERM 1895-96.
Geo. L. Arehart, vs. The United States No. 8720 Cong.
REPLY TO DEFT' S BRIEF ON LOYALTY.
I do not agree with defendant's counsel that the claimant had any intention of making a wrong impression in stating that he was plowing at the time his neighbors two of them took him to the poolls and voted for him (as he represents it)
It will be observed that claimant in his first deposition taken in 1871 states that he voted for the ordinance of secession, but was forced to do it, and knew nothing of secession. In his second deposition taken in 1895, being called as a witness by the defendants he proceeds to explain how it happened that he voted as he did and says that he was plowing that day, the day of the election, and that two of his neighbors giving their names came to him and said he had to go and vote. He told them he didn't want to do it. Didn't understand secession and didn't want to vote, and they took him one by each arm and pulled him over to the voting place and they voted for him. He adds that he didn't vote as they called his name out.
Now this answer shows very clearly that the claimant was at the time right at the voting place, or very near there, hence his further explanation is entirely consistent, that is that he had finished plowing and had gone to Middle Brook the voting place for a plow share, and that these two neighbors of his came to where he was in the Village store at Middle Brook and took him by the arms to the polls and voted
Now I see nothing inconsistent in the answers to these different questions. The first answer certainly implies that he was at Middle Brook at the time they took him to the polls, and not in the field plowing, as he had been during the day.
The next point made by defendant's counsel is in regard to a substitute.
When he put his substitute into the Conf. service he was temporarily laid up at this house with an injured foot, and a friend of his came to his house and told him that as soon as his foot got well he would have to go into the service or put in a substitute, and his friend further stated that he thought he could get one for him. And he did get one. This friend was his brother-in-law. Claimant adds that he didn't at the time know anything about substitutes.
Now it is evident that neither of these acts were performed with the design of aiding the rebellion. There was no criminal intent, and it is not to be believed for one moment that Mr. Arehart, a decided Union man as he was, not only a Union man but actively loyal to the U.S. would of his own volition do anything with the intention of aiding the rebellion. Just see what he did for the Union army.
He assisted 12 men to go through the lines at one time and when he left the Confederacy 16 others went with him. He assisted deserters in getting through the lines. He had no slaves. Had no interest in common with the Confederacy. He should be found loyal throughout the war.
Respectfully Submitted, Gilbert Moyers Atty. for Clmt.
Bibliographic Information : Southern Claims Commission: Claim of George L. Arehart, 1872, Claim No. 1,377, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8720.
