Summary: Garber's claim for horses and livestock was disallowed because he voted in favor of the ordinance of secession. He unsuccessfully appealed this decision to the Congressional Court of Claims in 1892.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 Black Horse 5 year Old | $150.00 | 0 | $150.00 |
| 55 bushels oats partly measured 50c | 27.50 | 0 | 27.50 |
| 6 sheep (good Order) valued $3 | 18.00 | 0 | 18.00 |
| 3 Milch Cows Valued at (large, good & grain fed) | 120.00 | 0 | 120.00 |
| 1 Steer 3 year Old Valued at (fat) | 40.00 | 0 | 40.00 |
| 1 Heifer 3 year Old valued at (good) | 35.00 | 0 | 35.00 |
| 2 Heifers 2 year Old valued at (good order) | 40.00 | 0 | 40.00 |
| 1 Small Bull, 2 years Old (good order) | 15.00 | 0 | 15.00 |
| Total | $445.50 | 0 | $445.50 |
Claims Summary:
The Claim Consists of 8 items valuation to 445.00
Amount Disallowed 445.00
Claimant swears to his loyal sympathies and that he aided refugees. He says he voted for the Ordinance of Secession through compulsion and against his sentiments. He does not give the circumstances of the compulsion of which he speaks, and we presume it was only the fear of public opinion.
We regard a vote to dissolve the Union, inconsistent with loyal adherance to it, and we therefore reject the Claim.
Testimony: Samuel Garber
My name is Samuel Garber, my age is 68 years, my residence New Hope, in the State of Augusta Va, and my occupation a farmer.
To question No. 2, Residence near New Hope, Augusta Co. Va. I was a farmer and did not change my residence or occupation during the war.
To question No. 3 & 4 he answers no in full to each question separately put
To question No. 5 he answers, I took the amnesty oath at New Hope, Va, directly after the War.
To questions Nos. 6 to 24 inclusive he answers no in full to each.
To question No. 25 he answers, The rebels took my corn & potatoes during the war. I cannot remember dates or amounts. I never received any pay for it.
To question Nos. 26 to 28 inclusive he answers no in full to each.
To question No. 29 he answers, I aided Union refugees, my four sons and others to escape to the North. I contributed supplies to the Union Hospital near New Hope Va when others would not.
To question No. 30 he answers, I had a nephew, Eli Garber, in the Confederate army. He now lives near New Hope, Va. I never gave him any money or clothes while he was in the army.
To question Nos. 31 to 39 inclusive he answers no in full to Each question separately put
To question No. 40 he answers, At the beginning of the rebellion I sympathized with the Union. I talked in favor of the Union Cause. I voted for Union candidates. I voted for the ratification of the ordinance of secession. I did it through compulsion and for self-preservation. It was not my sentiments. After the ordinance of secession was adopted I still adhered to the Union Cause.
To question No. 41 he says, I do so solemnly declare.
The claimant is here examined by the Commissioner concerning property taken. I saw the black horse with the 55 bushels of oats recorded in my account taken. I did not see the other property taken. The horse and oats were taken at the day of the battle of Piedmont, by Gen. Hunters army. The horse was in the stable and a great many soldiers were in the yard and one of them took the horse and rode him away. I heard an officer present talking that he had better not take the horse as I was a Union man, but the soldier took him. The soldier said he needed the horse and would have to take it. It was in the evening after the battle. I did not ask for a receipt and he did not give me one. The horse was 5 years old, sound and in good order & was worth $150. The oats were in the barn and was carried off by the soldiers in bags on their horses. I think there were some officers present. They did not say anything about the oats, nor did I say anything to them. I asked for no receipts and they did not give me any. I estimated the amount of oats I had put in the barn at 55 bushels, & it was all taken by the soldiers. It was not measured when taken. Oats were worth at least fifty cents per bushel in . The cattle were taken at the time of the Burning Raid, but I did not see them taken although was assured by others they were taken. He saw There were eight head of them. There were 3 cows in good in good order & I could have sold them for $40 each. They were in good order. The balance were young cattle, from three to four years old each, and were worth from $15 to $20 Each, except one fat steer which was worth $40. The sheep were taken by Gen. Hunters army at the time of the Piedmont fight in the night time. There were six taken. They were good mutton and would have averaged 50 pounds net. I do not know what mutton was then worth. The sheep were worth $4 or $5 each.
I never saw any thing of any of the property afterward. The sheep were inside the Union lines when taken. I went to get the sheep the evening before they were taken, but the soldiers would not let me get them, and the next morning when I went for them they were gone. The army was then encamped on my farm.
Further deponent saith not.
Samuel Garber
Testimony: Annie Garber
Annie Garber, witness to prove property taken, being affirmed and examined by the Commissioners, says:
I am years old and live near New Hope, Augusta County Va. I am the wife of the claimant & have no money interest in his claim. I saw one horse, 3 cows and five young cattle and some oats taken from my husband by the Union army during the war. The horse was taken at the time of the Piedmont fight, by Gen. Hunter's army. The horse was in the stable and was taken by the soldiers and rode away. I heard the soldier who took the horse say that he did not like to take the horse, but he was compelled to have him. It was the a black horse, about five years old. I do not know his value. He was a good riding horse. I never saw the horse after he was taken. The oats were taken the same day by some soldiers of Gen. Hunter's army. The oats were in the barn & some were fed on the ground and some carried away by soldiers in bags. I do not know how much oats there was. I do not know its value. I did not hear any conversation at the time. I saw Gen. Sheridan's army take three cows and five young cattle from my husband at the time of the Burning Raid in September 1864. They were in the field and I saw the soldiers drive them away. The soldiers who took the cattle told my daughter in my presence that they had orders to take the cattle and that if we were Union people we would get paid for them. I had been offered $18 each for two of the heifers in the spring before they were taken. I do not know the value of any of the others. The cows were first-rate ones. At the time Gen. Hunters army was there in June 1864. The soldiers who were with it told me that they had killed six of my husband's sheep, that they did not take any more than they were obliged to have. It was the night succeeding the fight that the sheep were taken. I saw the sheep hides on the ground in the camp & recognized the hides from a private mark. I do not know their value.
Further deponent saith not.
Annie Garber her mark
Testimony: George Garber
George W. Garber, witness to prove loyalty of claimant, property taken, being sworn by the Commissioner, deposes and says:
I am 25 years old reside near New Hope & am a son of the claimant and have no money interest in this claim. I saw one horse 8 head of cattle and a lot of oats--55 or 60 bushels of oats--taken from my father by the Union army during the war. The horse and oats were taken by Gen Hunters army in the year 1864. The horse was in a old house in the yard used as a stable, and a soldier saddled him up in the yard and rode him away. My father told him we were Union people & the soldier said he did not like to take the horse but he needed a horse and must take him. An officer was present who told him not to take the horse, but the soldier said he needed him and must take him. The horse was five years old and was worth $150. The oats were taken at the same time by the same command. Part were fed on the groud and part carried away in bags. I put the oats away in the barn & am satisfied there were from 55 to 60 bushels. It was all taken. I did not hear any conversation. There were several officers present. The sheep were taken the night after the Piedmont fight by Gen. Hunters army & the soldiers told me that they had taken the sheep and eaten them. They said they had not taken any more than they wanted to make use of. I saw the hides laying on the ground and recognized them from a private mark, as having been my fathers sheep. The sheep were in good order and would have made good mutton. At the time of the Burning Raid I saw the soldiers belonging to Gen Sheridans army take three cows and five head of young cattle belonging to my father. I saw the soldiers driving the cattle away, but did not hear any conversation. The army was at that time taking all the stock in the neighborhood. I do not know their value as I was a boy when they were taken. This is all I know about it and further say not.
George W Garber
Testimony: Noah Beard
Noah Beard, witness to prove loyalty of claimant, being sworn and examined by the Commissioner, deposes and says:
I am 51 years old & reside at New Hope, Augusta Co. Va. & am a saddler. I am not related to the claimant and have no interest in his claim. I lived about four miles from him during the war and saw him once or twice during the war. I did not have any conversation with him in regard to the war. I knew his reputation for loyalty; it was that of a thoroughly loyal man. He was regarded a loyal man by his loyal neighbors. I never knew him to render any aid or assistance to either army. I never knew him to own any Confederate Bonds. I never knew him to be molested or injured on account of his Union sentiments. I know of no acts done or language used, but I believe his public reputation for loyalty during the war would have rendered it impossible for him to prove his loyalty to the Confederacy if it had been successful.
Further deponent saith not.
Noah Beard
Testimony: Daniel Probst
Daniel Probst a witness for clt. being duly affirmed and examined by Comr deposes and says:
I am 75 years, 11 months and 5 days old, a resident of Augusta County, at New Hope. I am unable to work at anything now. I am not related to Mr Garber, the Clt, and have no interest in his claim. I have known him about 25 years, I was intimately acquainted with him during the war, lived within about a mile of him. I saw him at least twice a month during the war. I often talked with him about the war. I know his political sympathies and opinions from his talk. He was a strong Union man. I was a Union man, I knew the clt's reputation in the community for loyalty. The rebels did'nt like him but the Union men did. I never knew him to be molested or threatened with injury on account of his Union sentiments. I never knew him to contribute anything in aid of either cause during the war. I never knew him to contribute anything to sustain the credit of the Confederate Govt or to own any Confederate bonds. I have heard him express Union sentiments in the presence of others. All that I know is, that he was a Union man and could not have proved his loyalty to the Confederate Govt if he it had been able to maintain a seperate one, but I don't remember anything he said or done that would prevent it
Further saith not
Daniel Probst his mark
Testimony: John Yates
We the under-signed citizens of Augusta Co Va being acquainted with Samuel Garber know him to have been a union man during the late rebellion and believe that the matters certified to in the foregoing affidavit is in all respects true and would most earnestly and Respectfully recommend its payment
John Yates, Henry K Eakle, Charles Batis
This is the original Account that was presented to to the Government at Washington in the year 1869 & no action taken but Returned to me.
Samuel Garber
Testimony: Abraham Garber
We the undersigned Loyal citizens of Augusta County Virginia do hereby certify on oath that we have known the claimant Samuel Garber for many years and know him to have been Loyal to the Government of the United States, before and at the time and since the taking of the property and supplies in the claimants petition mentioned.
John Yates, Abraham D. Garber
Testimony: United States War Department
Archive Office, War Department, Sept 15, 1874
Case of Samuel Garber of Augusta Co Va
Bill & voucher for 1220 lbs. Hay amt $36.60 Sold to Maj HM Bell Q.M.C.S. army
Paid at Staunton Decr 19th 1864
Testimony: United States Treasury Department
Treasury Department, Office of the Secretary, Washington, D.C. April 27, 1892
The Honorable The Attorney General
Sir:
In answer to your question of the 9th instant in the case of the estate of Samuel Garber against the United States, No. 8646 Congressional, I have the honor to state that the following named persons voted for the ordinance of secession in Augusta County, Virginia, as appears from a copy of the poll list on file in this Department, the original of which is presumed to be in the custody of the clerk of the court of said county, viz: Samuel Garber, Sen., S. Garber, Sen., and Samuel M. Garber.
The name of Samuel Garber of Jacob is found in the list of certificates issued by the Bank of Rockingham, Confederate States Depository Page 10.
Respectfully yours,
Charles Forten Secretary
Testimony: United States War Department
War Department, Adjutant General's Office, April 30, 1892
There are on file in this office fifteen (15) vouchers signed Samuel Garber, in Augusta & Rockingham Cos. Va., for forage, flour, bacon, horse, &c.
One S. Garber, New Hope, Augusta Co., Va., petitioned for the discharge of a soldier fromm C.S.A.
One Samuel Garber, of Augusta Co., Va., petitioned for the discharge of a blacksmith from C.S.A.
No further information found.
Ass't Adjutant General
Bibliographic Information : Southern Claims Commission: Claim of Samuel Garber, September 5, 1872, Claim No. 2508, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8646.
