Summary: Fauver's claim for 2 horses and a large quantity of bacon was disallowed because he served in the state militia in 1861. He appealed this decision to the Congressional Court of Claims in 1895.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| One Horse | $100.00 | 0 | $100.00 |
| One Horse | 80.00 | 0 | 80.00 |
| Two Saddles @ $15- each | 30.00 | 0 | 30.00 |
| Two Halters $1.25 | 2.50 | 0 | 2.50 |
| Two Bridles $3- | 6.00 | 0 | 6.00 |
| Eighty pounds of Bacon @ 25 cents | 20.00 | 0 | 20.00 |
| Total | $238.00 | 0 | $238.00 |
Claims Summary:
Claimant served some weeks in the Militia of the State in the summer of 1861, and afterwards served in the Provost Service in Staunton Va three weeks and then employed a Substitute for the Confederate Service.
We reject the Claim
Testimony: John B. Fauver
United States of America, State of Virginia
I, W.G. Riley, a commissioner selected and designated by the Comm'rs of Claims appointed under the Act of Congress of March 3d 1871 to take and record testimony. Do hereby certify that the reason for taking the following depositions is and the fact is the matter of Claim of John B. Fauver, Vs. The United States of America and the witnesses herein named being material and necessary, being first duly sworn answers as follows-J.B. Fauver examined
Question 1st Witness Says I am 41 years old. I reside in Augusta Co. Va. My occupation is a Cabinet Maker & Undertaker. I resided in Augusta Co. Va. for 6 months prior to April 1st 1861.
2d. Witness Says I have resided in Middlebrook Augusta Co. Va. for 14 years.
3d. Witness Says I never passed beyond the Military or Naval lines of the U.S. into the Rebel lines.
4th. Witness Says I never took any oath to the Confederate States.
5th. Witness Say I have taken the Amnesty Oath, I did so in 1865, at Staunton, Va. after the surrender. I have not been pardoned by the President. I never was directly or indirectly connected with the So-called Confederate States in any manner whatever.
7th. Witness says, I never held any place of trust, profit or honor in the Confederate Government, State or territory in rebellion. I held no clerkship or employment of any kind whatever.
9th. Witness says I was 21 days in the State Malitia in July 1861, and subsequently all were ordered out, (as malitia) and remained about 10 days.
10th. Witness Says I never was an officer, Soldier or Marine, in the Military or Navy of the Confederacy. I did furnish a substitute for the Confederacy. I served, before getting a substitute, about 3 weeks in the Provost service at Staunton, Va. but in no way connected with any other department. I never had charge of any supplies, teams, wagons, Boats, or vessels in the service of the Confederacy.
11th Witness says I did work for a man who had a contract with the Government. I never furnished any supplies, Stores or property of any kind for the Confederacy. I never give any information to any officer or soldier of the Confederate Army or Navy.
12th. Witness says In no way except as working for a man who had a Contract to furnish Saddle Trees.
13th. Witness Says I never was directly or indirectly employed in collecting or Sale of Stores for the use of the Confederacy. I never was interested in any Contract for the benefit of the Confederate Government.
14th. Witness Says I never was engaged in blockade running or illicit traffic or intercourse between the lines. I had no interest in any goods, wares, or merchandise, brought into or exported from the Confederate States.
15th. Witness says I did not leave the Confederate States between the 19thApr. 1861 and June 19th 1865. I would have left when the Federal troops come, but my wife was sick and prevented me.
16th Witness says, I never was interested in any vessel in navigating the to or from any port in the Confederacy.
17th. Witness Says, I was arrested by the Confederates, in 1864, at Staunton Va by Capt. Crank of the Confederate Army, and kept under arrest about 3 weeks. I took no oath to the Confederate Government to effect my release. I never was arrested by the United States Government. None of my property was ever taken by the Confederate Authorities
19th Witness says I was threatened with hanging because I refused to vote for Secession. I never was never injured or damaged, except a refusal to give me work because of my Union Sentiments
21st. Witness Says I never contributed any money or property in aid of the U.S. Army or Cause.
23d. Witness Says I no relatives nigher than Cousins. I had some in both the Union & Confed. armies. I did nothing to supply with equipments or money.
24th. Witness say I never did anything to suport the credit of the So-called Confederate States.
25th. Witness Says I never give aid and comfort to the rebellion.
26th. Witness Says I never was engaged in making raids from Canada or in the destruction of the Commerce of the U. States.
27th. Witness Says I never was engaged either directly or indirectly in holding in custody any person taken as prisoners of War.
28th. Witness says I never was a member of any society to persecute any person on account of their loyalty to the United States.
29th. Witness says I never was a paroled prisoner of the U.S.
30th. Witness says I never held any office in the U.S. nor was educated at any Military or Naval school of the U.S.
31st. Witness Says I received a pass from Capt. Avis Provost Marshal, to go to my home, to obtain the pass I did not swear obedience to the Confederate States.
32d. Witness says I was under no disabilities under the 14th Act of Amendments to the U.S. Constitution. I have held the office of Postmaster since the War, and did take the so called "Iron clad" oath.
33d. Witness Says My sympathies were with the Union and not the rebellion. If I had fought at all I would have done so for the Union. I did not vote at all on the ordinance of Secession. After the ordinance of Secession was adopted I adhered to the Union case all the time.
34th. Witness says I solemnly declare that from the beginning of hostilities against the United States to the end thereof, I was constantly in sympathy for the Union, and was willing and ready at all time to aid the cause of the Union so far as in my power.
Further this deponent saith not. August 26th 1871.
John B. Fauver
Testimony: William W. Cason
William W. Cayson, a witness being introduced to prove the taking and furnishing of the property named in claimants petition, being duly sworn answers as follows.
Ques. 1st Witness says I am 43 years old. I reside in Augusta Co. Va. by trade a Shoe-maker. I did not see the horses named in the petition taken out of the Stable, but saw them in their possession, with Saddles, bridles & halters, after leaving the claimants house. I was about 150 yards off when the property specified in the claimants petition were taken.
4th. Witness Says The Articles were taken in June 1864, from Claimants premises, by Genl. Crook's command.
6th Witness says There were Officers present when the horses were carried off. An Officer called at my house for a drink of water and I told him, that his men had taken claimants horses, and he replied that was right, that they were obliged to keep up their cavalry and when they found good horses they took them. Lieutenant Spindle was in company with the other Officer at the time.
8th. Witness Says The property was moved by Soldiers. They were rode off. The Army was marching in the direction of Lexington, Va. when they took the property.
10th Witness says The property was taken for the use of the United States Government. Lt. Spindle said it was taken for that purpose.
11th. Witness says I did not hear of any complaint from the claimant. The claimant said that he would rather the Union Army, had his property, than the rebels.
12th. Witness Says There was no voucher or receipt given or asked for, that I know of.
13th. Witness says The property was taken in the day time, about 10 Oclock A.M. publicly.
14th. Witness says When the property was taken the Army was marching, and was a few days after the battle at Piedmont.
15th. Witness says, The horses were in very good condition. One I suppose 6 or 7 years old and the other 9 years. I suppose one horse was worth $100.00 and the other $95.00. The saddles worth about $15.00 The Bridles $5.00 & Halters $3.00. I know nothing about the Bacon, mentioned in claimants petition.
19th. Witness Says I think the property described in the petition was taken for the use of the Army, and not for the mere gratification of officers or soldiers.
21st. Witness says I believe the property was taken, in consequence of a necessity existing in the Army, which necessity justified the soldiers in taking them.
22d. Witness Says I think it was taken for a purpose so necessary that the Government ought to pay for it.
23d. Witness says I think they had orders and authority to take the property.
Further this deponent saith not. August 26th 1871 Wm W Cason
Testimony: George Ruebush
George Rubush, a witness introduced to prove the loyalty of the Claimant to the United States, being duly sworn answers as follows.
Ques 1st. Witness says I am 60 years old I reside in Augusta Co. Va. I am a farmer. I have known the claimant for 12 years, I reside about 2 miles from him. I saw him often during the war, and had frequent conversations about the war, during its progress.
I believe he was truly a loyal man to the United States Government and did nothing against the Union cause except what he was forced to do. He was so considered by all his loyal neighbors. I am satisfied that he did nothing against the United States Government, voluntarily, and had no opportunity to do for it. He did nothing for the Confederate Government voluntarily. I do not believe that he could have remained in the south had the Confederacy maintained a seperate Government.
Further this deponent saith not. August 26th 1871.
George Ruebush
Testimony: William W. Cason
William W. Cason, introduced to prove the loyalty of the Claimant being duly sworn answers as follows
Ques 1st. Witness Says I am 41 years old I reside in Augusta Co. Va. by trade a Shoemaker I have known the claimant about 15 years. I saw frequently during the war. He was considered loyalty to the United States Government, during the war, and I believe he was a good a loyal man, as to be found anywhere in Virginia, and so regarded by his neighbors. I believe he was too loyalty to the United States Government to have been regarded as at all loyal to the Confederacy. He would have left the South if it had succeeded in gaining anseperate Government.
Further this deponent saith not. August 26th 1871. Wm W Cason
Sworn to & subscribed before me this 26th day of August 1871
WG Riley United States Commissioner and Special Com. for State of Va
Testimony: William H. Frenger
I do hereby certify that I have carefully investigated into the standing of John B. Fauver of Augusta County Va and find from unquestioned authority that throughout the late rebellion he was an established Union man, loyal to the Cause and Government of the United States, and conscientiously opposed to the Confederate Government, its officers and adherants, that in serving said Confederate Government, it was through compulsion, that he used strenuous endurances to escape therefrom, and availed himself at the earliest moment, of the opportunity to do so. I do not think there can be any question of his loyalty. I also find him to be a highly respected citizen, and the greatest reliance is placed in any statement made by him, and I fully believe his claim for property taken by the US forces to be a just and correct one. I have no interest in said claim.
William H. Frenger U.S. Storekeeper In Rev.
Testimony: Hildburt N. Perry
State of Indiana County of Morgan US
Personally appeared before me Francis PA Phelps a Notary Public in and for said County Hildburt N Pery, to me personally known to be entitled to Credit and belief thereupon his oath, states that in June 1864 he was personally acquainted with John B. Fauver of Augusta County Virginia. That in June 1864 at said County the CavalryInfantry in the Command of Genl George Crooks of the United States of America took from the possession of said Fauver the following described horses, which was the property of said Fauver, to wit on the 9th day of June 1864 One horse about 16 hands high about 14 years old, of the value of Fif Seventy five dollars.
And one bay Horse about 15 1/2 hands high About 8 years old, of the value of one Hundred Dollars. That said Fauver has recovered said horses said Infantry force were returned said Horses to him said Fauver said John B Fauver. Was a friend and loyal citizen during the rebellion of 1861 to the Cause of the United States of America & did not sympathize or aid the rebellion or armies of the government in said struggle of 1861.
H.N. Perry
Testimony: William H. Weaver
Middlebrook Augusta Co. Va. April 27th 1871
I have to certify that I have known Jon B. Fauber for a number of years, and believe him to be a sound Union man. I was not present when he refused to vote for secession but often heard him say that he did not vote long before he thought of being advantaged by claiming loyalty. he was a fellow officer of the Malitia line with myself, and his efficiency in that capacity, would readily have given him a place in the Volunteer ranks this he never sought nor did he go to the Armyuntill compelled to do so and then he only served till he could procure a substitute which was his only way to get out except to desert which he did not like on account of his family which hung alone on him for support but I will also state that he proposed desertion to me once while we were together in the army but we were both rather afraid to undertake it at that time and he has often been reproached by the opposite party which is a good evidence of loyalty. And to to make this evidence have the desired effect and to assure you that it comes from the pen of a Union man I will state that I was forced into the confederate ranks at the same time and I left and went to the North after being in the army the short time of four weeks. This I certify feeling it to be my duty to do so.
Your Svt William H Weaver
This day William H Weaver personally appeared before me a Notary Public and made Oath that the foregoing statement is true and made volentaraly by him.
April 28th 1871 Geo B Rusmesel N.P.
Testimony: Claimant's Brief on Loyalty
IN THE COURT OF CLAIMS. DECEMBER TERM 1894-95.
J.B. Fauver, vs. The United States No. 8552 Cong.
STATEMENT.
The claimant in this case resided in Augusta Co., Va. during the late war of the rebellion.
The Commissioners of Claims rejected his claim, and in their report to Congress state:-- "Claimant served some weeks in the Militia of the State in the summer of '61, and afterwards served in the Provost service in Staunton, three weeks, and them employed a substitute for the Confederate service. We reject the claim".
The claim was then transmitted to the Court by the Committee on War Claims, Feb. 16th, 1892.
BRIEF ON LOYALTY.
The following testimony was taken in Aug. '71.
J.B. FAUVER testifies: Age 41; residence Augusta Co., Va., Cabinet maker and undertaker. I resided in Augusta Co., for six months prior to April '61. Have received here for 14 years. Never passed beyond the military or naval lines of the U.S. into the rebel lines. Never took any oath to the Confederate states. Taken the amnesty oath in '65. (P. 2). After the surrender. Not been pardoned. Never directly or indirectly connected with the Confederate states. Never held any place of trust, profit or honor under the Confederate states. I was 21 days in the state militia in July '61, and subsequently all were ordered out as militia and remained about 10 days. I never was an officer, soldier or marine in the military or navy of the Confederacy. I furnished a substitute for the Confederacy. I served before getting a substitute about three weeks in the Provost service at Staunton, Va., but in no way connected with any other Department. I never had chargre of any suppiies, teams, etc., in the service of the Confederacy. I did work with a man who had a contract with the Government. I never furnished any supplies, stores or property of any kind for the Confederacy. (P. 3). I never gave any information to any officer or soldier of the Confederate army. Worked for a man who had a contract to furnish saddle trees.. Never employed in the collection of stores, etc. for the Confederacy. Never engaged in blockade running. Had no interest in any goods brought into or exported from the Confederate states. I did not leave the Confederate states between the 19th of April '61 adn June 19th, '65. I would have left when the Federal troops come, but my wife was sick, and it prevented me. Was arrested by the Confederates in '64 at Staunton, Va. by Capt. Crank, of the Confederate Army. (P. 4). Kept under arrest about three weeks. Took no oath to the Confederate Govt. to effect my release. Never arrested by the U.S. Govt. None of my property was ever taken by the Confederate Authorities.
I was threatened with hanging because I refused to vote for secession. I never was injured or damaged, except a refusal to give me work because of my Union sentiments. Never contributed any money or property in aid of the U.S. cause. Had cousins both in the Union and Confederate army. Did nothing to supply them with equipments or money. Never did anything to support the credit of the Confederate states. I never gave aid and comfort to the rebellion. Never engaged in making raids in Canada, or in the destruction of the commerce of the U.S. (P. 5). Never engaged in holding in custody any person taken as prisoner of war. Never a member of any society to persecute any person on account of their loyalty to the U.S. Never a paroled prisoner of the U.S. Never held any office in the U.S. nor educated at any military or naval school of the U.S. I received a pass from Capt. Avis, Provost Marshal to go to my home to obtain the pass I did not swear obedience to the Confederate states. Under no disabilities. Did not take the iron clad oath. (P. 6). My sympathies were with the Union and not the rebellin If I had fought at all I would have done so for the Union. I did not vote at all on the ordinance of secession. After the ordinance of secession was adopted, I adhered to the Union cause all the time. Solemnly declare from the beginning of hostilities against the U.S. to the end, I was constantly in sympathy for the Union, and was willing and ready at all times to aid the cause of the Union so far as in my power. (P. 7).
GEO. RUBUSH testifies: Age 60; residence Augusta Co., Va., Farmer. I have known the claimant for 12 years. Resided about 2 miles from him. Saw him often during the war. and had frequent conversations about the war during its progress. I believe he was truly a loyal man to the U.S. Govt. and did nothing against the Union cause, except what he was forced to do. He was so considered by all his loyal neighbors. I am satisfied he did nothing against the U.S. Govt. voluntarily, and had no opportunity to do for it. He did nothing for the Confederate Govt. voluntarily. I don't believe he could have remained in the South, had the Confederacy maintained a separate Govt.
WM. W. CASON testifies: Age 41; residence Augusta Co., Va., shoemaker. I have known the claimant about 15 years. Saw him frequently during the war. He was considered loyal to the U.S. Govt. during the war. I believe he was as good a loyal man, as to be found any where in Va. and so regarded his neighbors. (P. 12). I believe he was too loyal to the U.S. Govt. to have been regarded as at all loyal to the Confederacy. He would have left the South if it had succeeded in gaining a separate Govt. (P. 13).
The following testimony has been taken since the reference of the claim to the Court in Aug. 1895.
J.S. ENGLEMAN testifies: Farmer; age 47; residence near Middlebrook, Va. Not interested or related. (P. 1). I have been acquainted with the claimant all my life, ever since I was a boy. I resided about 2-1/2, miles from claimant, and knew him well throughout the war. I saw him once a week, just in ordinary course of business. I did not have talks with him personally about the war, but he always expressed himself to others as a Union man, and did so throughout. I was but a boy then, but my father was a Union man and I was the same way. Claimant was known as a Union man by the whole community. He did all he could, to aid the Union cause of course. (P. 2). If he did anything to aid the Confederate cause, it was under compulsion. I have heard him say that he did not vote for secession, but don't know of it to my own knowledge . There was no change in his views. He continued a strong Union man throughout the war. I don't know of his being arrested during the war, nor that he was threatened.
CROSS-EXAMINATION
I never heard him say he has a pass from Capt. Avis, and don't know he had. I don't know if he took the oath of allegiance to the Confederacy. He was too good a Union man to do that. He didn't want no war at all. (P. 3). I don't know whether he did anything for the Union or not. I suppose he did what he could. Had no chance to do anything here. My father has a claim, I am the Adm'r. I don't know anything claimant ever did against a a Confederate soldier. Claimant was drafted and I think he was at Staunton on provost duty, and again he was detailed to make saddle trees for the Confederacy, and again he was detailed to make stirrups for the Confederacy. He just did this to keep out of it. Couldn't say how long he was detailed as provost at Staunton. I don't know how long he was detailed as saddle tree maker,. I have heard him say that he served as detail making saddle trees at Bridge Water, Va., from July to Feb. '64-5 and was sent home as detail to make stirrups. I have heard you, (meaning Govt. Atty) ask claimant's attorney to allow you to cross-examine the claimant, and claimant's attorney declined. (P. 4).
J.B. CARWELL testifies: Farmer; age 52; residence Augusta Co., Va. Not interested or related. (P. 5). I have been acquainted with the claimant ever since my earliest childhood. My acquaintance was intimate with him, and I lived about a half mile from him. Saw him often, that I could keep no account of that. I conversed with claimant frequently, and he always expressed himself on the Union side. Talked to me alone, and not in the presence of others, except a few. Claimant had a fine reputation for loyalty. He aided the the Union cause by keeping out of the Confederate cause. Anything he may have done for Confederate cause was compulsory. I heard it generally said that he did not vote for secession. He exerted his influence on side of the Union. His views did not change a bit in the world. I don't know of claimant being arrested, except what I heard from other parties. It was told me such was the case. I heard considerable talk of claimant threatening with hanging for voting against secession. Claimant was injured very considerably in business for his well known sentiments. I think claimant was threatened with violence by his Confederate neighbors.
CROSS-EXAMINATION WAIVED.
The following testimony was taken on behalf of the defense on Aug. 14th, 1895.
JOHN B. FAUVER testifies: merchant; age 65; residence Middlebrook, am the claimant. (P. 1). I never was in the Confederate service as a soldier, and never was on their pay roll. I was here with the militia about three weeks. I said I came with the militia and they made up a quota of volunteers, bit I did not volunteer. When they conscripte I was ordered to report in Staunton, and I did so. And was sent down the valley with other men. We go down as far as Naked Creek; there we were ordered back to Staunton. We got back here in the night, and all went up in the Court house for to stay all night. In the morning when I went to go out, I found a guard at the door and could not get out. After that several days I sent to the provost marshal, how I came to be there. He sent for me and I told him how it was, that I had reported for duty according to order, and found myself under guard. He told me that he would take me out on certain conditions. (P. 2). He said I asked him what the conditions were, and he said, provided I would serve on Provost duty, he would take me out. I told him of course I would sooner be out than in the guard house and I would do as he said, as I was under his control. He thereupon made me provost here at Staunton. I served about three weeks, I think. The next thing I done was to hire a substitute and went home. I staid home, and according to my papers after I had hired a substitute, I could do as I pleased, and go where I pleased My business was cabinet making; and undertaking, and when a man died, I would bury him. The next thing was I was made subject to the army. My substitute papers were of no account to me any more after they passed the act making every body who had furnished a substitute liable to service himself. I was then ordered to report in here at Staunton to the enrolling officer. I reported, as I had to report or leave my home, and when I reported, some one reported me as a Union man, to the enrolling officer, and he held me under guard, and kept me over night, he said there were against me as disloyal to the Confederacy, and I told him all he had to do was to prove them. I told him contrary to the laws. I always abided by the laws of the land, whether it was the law of the Confederacy, or any law. They could establish that I was dangerous and they had to turn me loose. (P. 3). Then they detailed me to work at Bridge water in the shop of a Mr. Allemong, who furnished saddles and saddle trees to the Government. Here I worked from July to the 2nd of Feb. Then Mr. Allemong gave me permission to to home at Middlebrook, to make stirrups for him. I made the stirrups, but he never got any of them, and I had them at my home till after the surrender, when I sold them to any one who wished to buy, and got something for them, whereas, if I had sold them or turned them over to Mr. Allemong I would not have gotten anything for them. I was sent home one time, and think the Sergeant of the Provost Marshal gave me a pass. They told me if men came along by my house and called for me to go with them to hunt certain deserters to do so. I never went with them. I staid home until expiration of my pass and came back. I don't remember signing any petition, though I may have. There was a blacksmith at Middlebrook named Dan'l. Carroll. I was friendly with him. The citizens of Middlebrook requested the Confederacy for my exemption as an undertaker. (P. 4).
In answer to question by notary, witness states: I know I was a Union man and didn't vote for the ordinance of secession at all, although there were threats made against all Union men saying that they would drive them all out of the country, when the war was over and the Confederacy would gain their independence. I told them I was willing to take chances on that, as I did not think that would be ever.
CROSS-EXAMINATION WAIVED. (P. 5).
SUMMARY.
Mr. Fauber was 31 years old in '61. Lived in Augusta Co., Va., during the war, business cabinet maker and undertaker. He was not in the Confederate service, except for a short time in the State Militia. This service was not voluntary. He furnished a substitute to avoid service. He would have left with the Federal troops when they came into his section, but for his wife being sick. He was arrested by the Confederates in '64, kept under arrest about three weeks. He was threatened with being hung, for refusing to vote for secession. Did not vote on the ordinance of secession, was for the Union in '61, after the ordinance of secession was adopted he still adhered to the Union cause all the time..
Claimant did not volunteer for service. He was under guard after being conscripted. There is nothing to indicate voluntary service, and he was compelled to furnish a substitute or be a soldier himself.
In his expressions during the war he at all times favored the Union cause. and he was considered by all his neighbors as a loyal citizen of the U.S.
His witnesses also corroborate his statement as to being drafted or forced into the service. Also as to his being threatened.
It is respectfully submitted, the foregoing testimony justifies a favorable finding on loyalty.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS. December Term 1986.
John B. Fauver vs. The United States. No. 8552, Cong.
DEFENDANT'S BRIEF ON LOYALTY.
The evidence is correctly abstracted in claimant's brief on loyalty.
It appears from claimant's own testimony (pp. 1 & 7 clmts. brief) that he did not vote at all on the ordinance of secession, and that he spent almost the entire period of the war in the civil or military service of the Confederate Government. Of course he says he did this under compulsion but he does not show a single act of violence to him. In fact when he says he was conscripted into the army or impressed into any civil service he couples it with the statement that he was merely "ordered to report at Staunton" or some similar order and that he obeyed.
The testimony of his other witnesses add nothing to his case, and I respectfuly submit that he should be found not loyal.
Saml A Putman Assistant Attorney.
Testimony: Claimant's Reply to Defendant's Brief on Loyalty
COURT OF CLAIMS. DECEMBER TERM 1895-96.
J.B. Fauver, vs. The United States No. 8552 Cong.
REPLY TO DEFT'S BRIEF ON LOYALTY
Defendant's counsel would have the Court believe that the claimant rendered voluntary service in the Militia of Va. and thereby aided the rebellion.
Now it is contended that this service is not voluntary. The claimant belonged to the militia before the war. The militia were ordered into service by the Gov. of the State The claimant was ordered by his commanding Officer. This order he had to obey He could not disregard it with safety. His furnishing a substitute was also involuntary. He could not have escaped service without doing so. In fact it is evident that this man never voluntary did anything for the Confederacy. He was strongly for the Union all through the war. He was threatened with being hung because he refused to vote for secession..
His witnesses testify that he always expressed himself as a Union man; that his reputation was that of a Union man "by the whole community".
The testimony also shows that he was detailed to work at making saddle trees for the Confederacy. He certainly had to accept this detail or go to the front
This claimant was certainly loyal in sentiment, expression and conduct during the war so far as it was safe.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Bibliographic Information : Southern Claims Commission: Claim of John B. Fauver, August 26, 1871, Claim No. 1383, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8552.
