Summary: Bagby's claim for 16 horses and 3 cattle was disallowed on the grounds that he served in the Home Guard and sent a substitute into Confederate service. He appealed this decision to the Congressional Court of Claims in 1892, when he was again found disloyal.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 16 Horses worth $150 | $2400.00 | 0 | $2400.00 |
| 3 Cattle worth $30 | 90.00 | 0 | 90.00 |
Claims Summary:
This claimant, when he filed his petition ought to have known he was entitled to no pay through this commission. He resided in Augusta Co. Va. & was within the conscript age. In 1864 he was in the rebel Home Guard for two months he was employed in the manufacture of horseshoes for the Confederate government. The Confederates paid him for property they took from him. We would the more readily believe him when he says his service in the Home Guard & the putting a substitute in the Confederate Army were compulsory, only, that he swears he never was in the Qr. Master service in the Confederate Govt. and his own witness Tinsdale swear that "he was quarter master", and he further swears he "neither voted for nor against the ordinance of secession" while the record of the votes in Augusta Co. shows that he voted for the adoption of the ordinance.
Mr. Bagby was disloyal & the claim is disallowed.
Testimony: Benjamin T. Bagby
My name is Benj. T. Bagby, my age 43 years, my residence Staunton Va., in the State of Virginia, and my occupation a Contractor; I am the claimant, and have a beneficial interest in the claim.
Ques 2. Witness says, I resided during the war on my farm in Augusta Co. Va. My farm contains 400 acres. I had about 200 acres in cultivation. I did not leave the State during the war.
3 No in full
4 Witness says, I don't recollect that I took any oath of Allegiance to the Confederate Govt.
5 Witness says, I took the amnesty oath after the war. Never asked for a pardon.
6 No in full
7 No in full
8 No in full
9 No in full
10 No in full
11 Witness says, No in full
Witness says, I was forced out as one of the home guard, about the 25 of May 64. I got back home about the 25 of June 64. I rendered no immediate service & was one of the home guard contrary to my wishes.
13 Witness says, I was conscripted in the Rebel service & furnished a substitute to keep out. I don't think my substitute ever went into the Army, he deserted from Richd. Every man from 18 to 45 years old was subject to military duty, & had it to perform or leave the State. I think it was quite a difficulty to get to the Union lines, during the war.
15 Witness says, I was never in the Qr. Mr. service in the Confed. Govt.
16 No in full
17 No in full
No in full
19 Witness says, I manufactured horse shoes for the Confederate Govt. about 2 month in 1865. My substitute had failed to keep me out of the army, & the detail was the last resort to keep out of the army, & I got it for that purpose.
20 No in full
21 No in full
22 No in full
23 No in full
24 No in full
25 Witness says, I had ten horses taken from me by the Confederate Authorities, and corn, Wheat & bacon, paid for some of it in Confederate money. I received no pay for the horses.
26 No in full
No in full
28 No in full
29 No in full
30 Witness says, I had two brothers in the Confederate army, J.N. & Geo. A. Bagby. One died about 2 weeks ago, the other resides in Staunton Va. Did not furnish them with military equipment, money, or clothing.
31 No in full
32 No in full
33 No in full
34 No in full
35 No in full
36 No in full
37 No in full
38 No in full
39 No in full
40 Witness says, I was opposed to secession, voted in 1860 for S.A. Douglas, for Presdt. of the U.S. regarding him as a National man. I also voted for the Union Candidates to the Convention, which passed the ordinance of secession. I neither voted for nor against the ordinance of secession. After the Ordinance of secession was adopted, like every one else in Va. I was compelled to go with my State.
41 Witness says I never did anything voluntarily for the Rebel cause, what service I rendered the Confederate Govt. was through extreme necessity, being forced to do so. And further this deponent saith not.
B.T. Bagby
Sworn to before me this 5th day of August 1872
WG Riley
Deposition of B.T. Bagby, claimant, to prove the taking, furnishing & value of his property
Ques 1 Witness says, I did not see the property taken, mentioned in my petition. I was in the home guard at the time. The property was on my farm, 16 horses & three cattle, When Genl. Hunter came to this place, & they were not there when he left. There was no one them. They were taken by Genl. Averills command, in June 1864. A large no. of soldiers were engaged in taking the property, so I was informed. Five or six of my colored people were present, Hardy, Jim, Harry & Fountain. I do not know whether any officer was present or not. I made no complaint. No receipt was asked for & none given. The property was taken in the day time, I think the army was on the march in the direction of Lynchburg, when my property was taken. The property was all taken from my farm. The horses were all in splendid condition, were from 4 to 7 years old. I had sixteen taken, I was speculating in horses, & this lot were selected, & were of no 1 quality. They would have made good Artillery horses, were large draught horses. My colored people told me when I came home that they were put in the artillery service of the U.S. Government. The horses, were worth 150$ each, before and since the war, & would bring it now. I had taken at the same time 3 beef cattle, by Genl. Averills soldiers, were 2 years old, in very good condition, would have weighed about 800 lb each or so, worth about 24 cents per the gross. I have never been paid for the property, & have never applied for pay before. I received nothing in exchange. I am the sole owner of the claim. And further this deponent saith not.
B.T. Bagby
Sworn to before me this 5th day of August 1872
WG Riley
Testimony: M.B. Smart
Deposition of M.B. Smart to prove the taking, furnishing & value of the property.
Ques 1 Witness says I am 33 years old I reside in Augusta Co. Va. I am a speculator in horses. I was not present & did not see the property taken mentioned in the claimants petition. I was there the day the property was taken. Saw the horses removed to the woods, & cattle also, the property was on the farm of the claimant when it was taken, it was there when Genl. Averills men came on the farm it was not there when they left there was no one else to take them. I think this was in June 1864. Mr. Bagby's Colored men were present when the property was taken. The whole of Genl. Averills command passed through the claimants farm, & must have taken the horses, there was no one else to take them. The horses were all in first rate condition. I don't know their ages, but they were all young horses. I boarded with the claimant & knew the property well & had owned & used some of them. They were worth $150 to $200 each, & would bring that now. He had 3 beef cattle taken at the same time were 2 or 3 years old, don't know their weights or value. All this property belonged to the claimant. He has never been paid for it so far as I know and nothing was left in exchange.
And further this deponent saith not.
M. Smart
Testimony: Matthew Tisdale
Deposition of Mathew Tisdale to prove loyalty
Ques 1 Witness says I am 33 years old, reside in Augusta Co. Va. am a farmer. Lived near him during the war, & saw him nearly every day. I had many talks with him about the war. He seemed to be opposed to the war. He was more opposed to going into the war than any man I ever saw. Said he would spend all the money he had rather than go in the Confed. Army He always said he was opposed to the ordinance of secession. He said, I was as good a Union man. I heard his neighbors curse him & say he ought to be in the Confederate Army. He did nothing for the Confederate Army voluntarily so far as I know he was compelled to go in the home guard. I know he had a detail to make horse shoes for the Confederate Government, to keep him out of the army. He told me he furnished a substitute to keep out of the Rebel army. He was out in the home guard only a short time, & then he was Quarter Master. He did nothing for the U.S. Govt. so far as I know. I don't know how he voted on the ordinance of secession. I don't know that he owned any Confederate bonds, nor did anything to support Confederate credit. I don't know that he gave any information to Union officers as to the movements of the Confederate armies. I the witness was a Union man all the war. He helped a deserter from the rebel army to avoid detection, by the provost guard. I suppose he would have stayed here had the South gained its independence. And further this deponent saith not.
M M Tisdale
Testimony: Hardy Shaw
Deposition of Hardy Shaw Colored to prove loyalty
W G Riley
Ques 1 Witness says, I am 47 years old, reside in Augusta Co. I am a laborer. I was a slave before the war & belonged to the claimant. Was emancipated by Presdt. Lincoln. I lived with the claimant during the war, saw him every day, & he talked to me about the War. He told me to stay with him, that I would be free. He was opposed to the war. He kept all his Colored people away & would not let them work on Confederate fortifications. The Rebel men said he ought to be sent in the rebel army. I know he didn't want to go in the rebel army. He said he was sick, to keep out. All he did for the rebels he was made to do, & that you know he couldn't help. He kept Mr Tisdale & Mr Garrison out of the rebel army. If he owned any Confederate bonds I didn't know it. The claimant was always kind to the colored people, he always said we would be free. I don't know that he told the Union men where the rebels were. I the witness was a Union man. Don't know how he voted on the ordinance of secession. I don't know what he would have done had the rebels whipped. And further this deponent saith not.
Hardy Shaw his mark
Sworn to before me this 5th day of August 1872
W G Riley
Testimony: H. Risk
Staunton, Va., Feb. 24 1873
Hon Comm'rs of Claims
Gentlemen
I learn from Jacob Stover & Joseph M. Brown, two good loyalists during the War, and who were residents of the neighborhood in which Benjamin T. Bagby lived, whose claim No. 15503 is non file in your Office, was by no means regarded as a Union man, but on the contrary, he would regarded as a rebel and was extremely tyrannical in the executions of his functions as an officer or attache of the Quarter Master's department. Messers Stover & Brown, are reputable farmers, near Fisherville P.O. on the L. & O. R.R. midway between this City Waynesboro. From all I can gather this case was kept secret, and the sub-agent (Mr. H. Ken) of Howmer & Smith was the clerk in recording the testimony. Mr. Bagby is a gentleman of wealth, and he and I are members of the same church. I mention this last to show that I am not activated by any feeling of hostility to him.
John J. Christian, a colored man of this City, whose claim is likewise filed & No. 7987 is considered by the colored men here as being the Agent of disloyal whites. They say that it was rumored that a good deal of Tobacco, Etc. was deposited with him, thinking that as he being a colored man, the Union Officers and soldiers would not molest them.
I shall make more enquiries and keep you posted.
Very Respectfully
H. Risk
Special Commr.
P.S. I am almost daily receiving letters of enquiry in regard to the preparation of claims. I think it a great pity that the limit for the presentation of claims had not been a later date than the 3d March. A great man worthy me will fail to get their petitions in by that day.
Respectfully
H.R.
Testimony: Treasury Department
Treasury Department, Office of the Secretary, Washington, D.C. April 25, 1892
The Honorable The Attorney General.
Sir:
In answer to your request of the 8th instant in the case of Benjamin T. Bagby against the United States, No. 8544 Congressional, I have the honor to state that the name of Benj. T. Bagby appears in a list of those voting for the ordinance of secession in Augusta County, Virginia.
It is presumed that the original poll list of Augusta County is in the custody of the county clerk.
There is herewith transmitted a duly authenticated copy of a certificate issued at Staunton, Virginia, to Benjamin F. Bagby, endorsed Benjamin T. Bagby. See 341 Virginia Certificate, B.
Respectfully yours,
OL Gouldy, Acting Secretary
Testimony: Confederate States of America Depository Office
Confederate States of America Depository's Office
Staunton Apr 1, 1864
This will certify, That Benjamin F. Bagby has paid in at this office Thirty two hundred dollars, for which amount Registered Bonds, of the Confederate States of America, bearing interest from this date, at the rate of four percent per annum, will be issued to him under the "Act to reduce the currency and to authorize a new issue of notes and bonds," approved February 17, 1864, upon the surrender if this certificate at this office.
A.F. Kinney
Depository
For value recd. I, B. T. Bagby assign unto Mr. H H Lynn Coll in Payment of Taxes the within certificate of stock of the Confederate States of America and hereby authorize the Register of the Treasury to transfer said stock on the Books of the Department.
May 27, 1864
Executed before me A Lynn D.C. 14 District
B.T. Bagby
Bibliographic Information : Southern Claims Commission: Claim of Benjamin T. Bagby, August 3, 1872, Claim No. 15503, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8544.
