Summary: Davis' claim for one mule was rejected for the vagueness of testimony on both loyalty and taking of property. He unsuccessfully appealed this decision to the Congressional Court of Claims in 1892.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| One Mule | $150.00 | 0 | $150.00 |
Claims Summary:
This claim is rejected.
I. Mr. Davis says, "He was forced into the rebel service but only remained a short time." How long? He does not say. He says "he was arrested, carried to Richmond, kept in Castle Thunder, released and put into the service."
For this we have nothing but his own statement, nothing to sustain him. The two witnesses say nothing about it & testify in a loose general way of no value.
II. The evidence of the taking is not satisfactory either as to the authority or necessity of the taking, or as to the use by the Army.
A. O. AldisComms of Claims
Testimony: James F. Davis
United States of America, State of Virginia
I, W. G. Riley, a commissioner selected and designated by the Commissioners 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 James F. Davis vs. the United States of America, and the witnesses herein named, being first duly sworn, answers as follows,
James F. Davis Claimant & Witness
Question 1st Witness says, I am 46 years old. I reside in Augusta Co. Va. and an auctioneer by occupation. I resided for 6 months previous to April 1st 1861 in Augusta County, Va.
2. Witness Says, I resided in the same County until in 1864, I left and passed the Union lines to the state of Indiana, where I remained for some five months; employed by as a hand on the Rail road, and then returned to my home in Augusta Co. in June 1865.
4th. Witness says, I never took any oath of allegiance to the Confederate States.
5th. Witness Says, I took an Amnesty oath in 1865, at Staunton, Va. I never applied for pardon, I was not guilty of any offence.
6th. Witness says, I have never directly or indirectly connected with the civil service of the Confederate States, except when forced to do so.
7th Witness says I never held any office in the Confederacy, Clerkship agency or employment of any kind.
9th. Witness Says, I was forced into the rebel Army, but only remained a short time and never fired a gun or bursted a cap.
10th. Witness Says, I never was an officer, soldier, sailor or Marine, except as named in a previous answer.
11th. Witness Says I never was in the rebel service in any way except as herein named.
14th. Witness Says I never was engaged in blockade running.
15th. Witness says I did leave the Confederate and went into the Federal lines and remained there until June 1865.
17th. Witness Says, I was arrested by the Confederate Government, and carried to Richmond, and kept in Castle Thunder and then released and put into the service. I took no oath at all. I was arrested by the United States Government, and held as a prisoner about 1 1/2 hours.
18th. Witness Says, I had no property taken by the Confederates.
19th. Witness Says, I have been threatened with personal damage, because of my Union sentiments.
21st. Witness Says, I never contributed any thing for the support of the United States Government.
23d. Witness Says, I had relatives in both the Armies, I did nothing to supply them with equipments of any kind.
24th. Witness Says, I never owned a Bond or did anything to support the credit of the Confederate States.
25th. Witness Says I never give any aid or done anything except what forced to do for the rebel Government.
30th. Witness Says, I never held any office in the United States. Nor educated at any military or Naval school of the United States.
31st. Witness Says I did receive a pass from the Confederates, to go from Staunton to my home in the Country.
32d Witness Says, I was under no disabilities by the 14thAmt. of the Constitution. I was a U.S. Inspector Internal Service since the War, and took the "Iron clad" I have also held the Office of Constable and Notary Public
33d Witness Says, At the beginning my sympathies were with the Union. I don't think I voted at all on the adoption of the Ordinance of Secession. After the adoption of Secession, my sympathies were for the Union.
34th Witness Says, I do solemnly declare that from the beginning of hostilities against the United States to the end thereof, my sympathies were constantly with the United States and that I never of my own free will and accord did anything to injure the cause of the Union. And was at all times ready and willing to do aid the cause of the Union, so far as my means and power and the circumstances would permit.
Further this deponent saith not.
Sept. 6th 1871
James F. Davis
Testimony: William Silor
William Silor a witness introduced by the claimant to prove the taking the Mule named in the petition being duly sworn answers.
Question 1st. Witness Say I am 50 years of age. I reside in Augusta, Co. Va. and a farmer by occupation. I was present and saw the property taken from the Claimant.
4th. Witness Says, The property was taken in June 1865, by soldiers under Command of Genl. Hunter, from the premises of claimants brother in law.
6th. Witness Says, The Mule was taken by soldiers of Genl. Hunter's command, I did not know any names or rank.
12th. Witness Says There was no receipt asked for given
13th. Witness says, The property was taken in the day time
15th. Witness Says The Mule was in first rate condition, he was 3 or 4 years old, and worth $125. or $13000.
19th Witness Says, I think the Mule was taken for the use of the Army, they were marching at the time.
22d Witness Says I think that the Government having taken the property ought to pay for it.
Further this deponent saith not.
Sept. 6th 1871
William Silor his mark
The same witness introduced to prove the loyalty of the Claimant to the United States.
Answers as follows,
Quest. 1st. Witness says, I have known the claimant about 15 years. I saw him often during the War, and I believe he was loyal to the United States and think he was so regarded by his neighbors I don't know that he did any thing for the United States, except to leave the Confederate States and go into the Union lines He done nothing for the rebel Government voluntarily.
Further this deponent saith not.
Sept. 6th 1871
William Silor his mark
Testimony: John Silor
John Silor, a witness introduced to prove the loyalty of Claimant, being duly sworn, answers as follows,
Ques. 1st. Witness Says, I am 55 years old. I reside in Augusta Co. Va. and by occupation a farmer. I have known the claimant for about 15 years I resided some distance from him during the War, but saw him frequently, and believe that he was a loyal man to the United States, and he was I think so regarded by his neighbors.
He never done anything for the United States. Nor nothing for the Confederacy, voluntarily. I think he was too loyal to the United States, to have been regarded as loyal to the Confederacy, had it succeeded.
Further this deponent saith not.
Sept. 6th 1871
John Silor
Sworn to & subscribed before me this 6th day of Sept. 1871.
W G Riley United States Commissioner and Special Com. for State of Va
Testimony: United States 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 11th instant in the case of James F. Davis against the United States, No. 8649 Congressional, I have the honor to state that Jas. F. Davis voted for the ordinance of secession in Augusta County, Virginia, as appears in a copy of the poll sheets of said vote.
It is presumed that the original list is in the custody of the county clerk of Augusta County.
Respectfully yours, G Stanley Acting Secretary
Testimony: United States War Department
War Department, Adjutant General's Office, April 30, 1892
There are on file in this office six (6) vouchers signed J. F. Davis, four dated at Richmond, Va. for hospital supplies, one at Marion, Va., for hay, and one other in Washington Co., Md., for bacon.
One Jas. F. Davis, of Staunton, Augusta Co., Va., petitioned the president of the C.S. not to proclaim martial law in that town.
One J. F. Davis, of Russell or Wise Co., Va., petitioned for a military force to be stationed in that vicinity. Various other references are found to persons by the name of J. F. & Jas. F. Davis in Ark., Ala., Miss., N.C., S.C., Tenn., & Texas.
Bibliographic Information : Southern Claims Commission: Claim of James F. Davis, September 6, 1871, Claim No. 2135, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8649.
