Summary: Myers' claim for horses and oats was disallowed because he served in the local militia. He unsuccessfully appealed this decision to the Congressional Court of Claims in 1892.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 horse--4 years old | $100.00 | 0 | $100.00 |
| 1 horse 11 years old | $100.00 | 0 | $100.00 |
| 20 bu. oats @ 40 cts per bu. | 8.00 | 0 | 8.00 |
| 1 saddle, 2 bridles 4 bags | 12.00 | 0 | 12.00 |
| Total | $220.00 | 0 | $220.00 |
Claims Summary:
The claimant is forty seven years old, he seems to have been subject to military duty, he says he was called out on one occasion with the militia and served a month or two and was then discharged. He says he did not vote on the question of secession and swears to loyal sympathies, but to nothing more. Two or three witnesses swear that he was too loyal to the Union to have proved loyalty to the Confederacy. One of the witnesses testifies that he saw him on one occasion during the war in charge of Confederate horses. It is probable as he fails to explain how he kept out of the military service that he was thus employed.
We are not satisfied with the supplied evidence in the support of his loyalty and we therefore reject the claim.
AO Aldis, JB Howell, O. FerrisComs of Claims
Testimony: Franklin H. Myers
United States of America, State of Virginia, SS
I W. G. Riley a commissioner selected and designated by the Commissioners of claims appointed under the Act of Congress of March 3rd 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 Franklin H. Myers vs the United States of America and the witness herein named being first duly sword answereth as follows
Quest 1 Witness says-I resided in Augusta County Virginia six months prior to the 1st of April 1861
Quest 2 Witness says-I resided at the same place. I have resided where I do now for eighteen years
3 Witness says-I never passed beyond the Military or Naval lines of the United States and enter the rebel lines
4 Witness says-I took some sort of an oath to the Confederacy it was forced on me and I do not know what it was
5 Witness says-I have taken an amnesty oath I took it here in Staunton Virginia it was sometime in 1865 I have never been pardoned by the President I never did any thing to be pardoned for
6 Witness says-I was arrested by the Provost Marshal brought to Staunton Virginia and made to attend to the Confederate horses I left on the 5th of June the day of the battle of Piedmont and went home
7 Witness says-I never held any office of trust honor or profit under the Confederate Government
8 Witness says-I never held any clerkship or employment of any kind for the benefit of the so called Confederate States
9 Witness says-there was a military order from the Confederacy requiring us all to come to Staunton they put me in Camp here in Staunton I remained there a month then I was discharged
10 Witness says-I never was an officer or soldier or marine in the Confederacy
11 Witness says-I never was in employment or business of any kind for the Confederate Government except what I have stated
12 Witness says-I never was employed in the manufacture of munitions of war, clothing or anything else for the Confederate States
14 Witness says-I never was engaged in blockade running or illicit traffic
15 Witness says-I did not leave the so called Confederate States between the 19th of April 1861 and the 19th of April 1865
16 Witness says-I never was the owner or part owner of any vessel used in navigating the ocean or anything
17 Witness says-I was arrested three times by the Confederate Government for not obeying orders. I never was arrested by the United States Government
18 Witness says-The Confederate Cavalry destroyed my meadow entirely by turning their horses into it
19 Witness says-My property was threatened with confiscation on account of my union sentiments
20 Witness says-I contributed nothing to the United States Government except that I fed the Union soldiers during Genl Hunters raid and that was during the war
24 Witness says-I have never owned any Confederate bonds or done anything to support the credit of the Confederate States
25 Witness says-I have never given any aid or comfort to the rebellion except so far as I was compelled
26 Witness says-I never was engaged in making in making raids into the United States from Canada or engaged in destroying the Commerce of the United States
29 Witness says-I never was a parolled prisoner of the United States
30 Witness says-I never held any office in the Army or Navy of the United States I was not educated at West Point nor at the United States Naval Academy
31 Witness says-I never received any pass from any officer of the Confederate Government
33 Witness Says-I sympathized with the Union Cause and not with the rebellion at the commencement of the war I voted for the Union Candidate I did not vote for or against the ordinance of secession I went no farther with the Confederate States than I was compelled to go
34 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 cause of the United States and never of my own free will did anything to injure said cause and I was ready at all times to aid the Union so far as my means and power and the circumstances of the case permitted
Questions by the Commissioner
Quest 1 How old are you Where do you reside and what is your occupation?
Answer I am forty seven years old I reside in Augusta County Virginia by occupation a farmer and Further the witness saith not
August the 15th 1871
Franklin H Myers
Testimony: Jonas Wampler
Jonas Wampler a witness introduced by Franklin H. Myers the Claimant for proof as to the taking of the property mentioned in the Claimants petition being first duly sworn answereth as follows
Quest 1 Witness says-I did not see the horses taken mentioned in the Claimants petition I did not see them taken but I am satisfied that they were taken the horses mentioned in the Claimants petition were there in the morning but in the evening they were gone
15 Witness says-The horses were in good order and were worth what the Government has been charged in the claimant's petition
Questions by the Commissioner
Quest 1 How old are you Where do reside and what is your occupation
Answer I am fifty eight years old I reside in Augusta County Virginia by occupation a farmer
2 How long have you known the claimant
Answer I have known him nine years he ways loyal to the United States Government during the so far as I know he was regarded as a loyal man by his neighbors
3 Do you know of any act done or language used by the claimant which would have prevented him from establishing his loyalty to the Confederacy if it had been maintained as a separate Government if so state the same particularly
Answer He was too good a Union man to have been considered a loyal man to the Confederacy if it had been maintained as a separate Government and Further this witness saith not
August the 15th 1871
Jonas Wampler
Testimony: Abraham Coffman
Abraham Coffman a witness introduced by Franklin H. Myers the Claimant for proof as to his loyalty being first duly sworn answereth as follows
Quest 1 How old are you where do you reside and what is your occupation
Answer I am forty seven years old I reside in Augusta County Virginia by trade a Carpenter
2 How long have you known the claimant?
Answer I have known him for twenty five years he was loyal to the United States Government during the war and was so regarded by his neighbors
3 Do you know of any act done or language used by the claimant which would have prevented him from establishing his loyalty to the Confederacy if it had been maintained as a separate Government if so state the same particularly
Answer He was too loyal a man to the United States Government to have been considered loyal to the Confederacy if it had been maintained as a separate Government
Further the deponent saith not
August the 15th 1871
Abraham Coffman
Sworn to & subscribed before me this 15th day of August 1871
W G Riley
United States Commissioner and special Com. for State of Va
Testimony: Sallie J. Clarke
Additional testimony in the case of Franklin H. Myers, of Augusta Co. Va.
Taking of property
Deposition of Sallie J. Clark
Answer My name is Sallie J. Clark, my age is 33 years. My residence is near New Hope in Augusta County. I am a married lady and attend to the domestic affairs of my family. I am not related to the claimant nor have any interest in his claim.
Ques. 72 Ans. I was not just at the stable, where the horses were taken, but was in my fathers yard, about two hundred yards from the claimants, and in full view, and saw them taken from the stable, one of which was rode and the other led away.
73 Ans. They were taken, I think in the afternoon, probably 2 or 3 o'clock, and openly as though they had a right to do so.
74 Ans. I know of no complaint being made.
75 Ans. I know of no vouchers being given.
76 Ans. I never heard of claimant receiving any pay.
77 Ans. The horses were taken by troops then marching from Piedmont to Staunton. The battle of Piedmont took place the day previous, about four miles from claimants.
79 Ans. The horses were in the claimants stable. His residence and my fathers are on the main road leading from Piedmont to Staunton. There were a very large number of troops, how many I cannot say, nor do I know whether there was an officer at the stable or not, but I saw a number of troops at and around the stable, and saw the horses when brought out of the stable, and taken away, in the direction of Staunton, at which time the army moved on. One of the horses was a sorrel and one a Roan. They were in good order, one about 12 years and the other about 5 years old. The older horse was a good worker in harness, I do not know about the younger, both were good riding horses. They were of medium size. I am not able to say what their value. was. The army was in command of Genl. Hunter, and the battle of Piedmont was fought on the 5th day of June 1864, and the horses were taken on the 6th the day after. I have never heard of claimants going into Bankruptcy.
Sallie J Clarke
Testimony: Thomas H. Myers
Deposition of Thomas H. Myers
My name is Thomas H. Myers, my age is 23 years, I reside in Staunton, and my occupation is an attendant at the Lunatic Assylum. I am the son of the claimant, but have no special claim interest in the claim.
Ques 72 Ans. I was present and saw the horses named in the claim were taken.
73 Ans. The horses were taken, I think at about 2 or 3 oclock P.M. there was no secrecy shown at all.
74 Ans. There was no complaint made, that I know of at the time, but soon complaint was made to other troops, and they replied that they were taken under orders, I did not know or hear the name of any officer present at the time.
75 Ans. There was no voucher given or asked for. I cannot tell why it was not asked for.
76 Ans. The claimant has never received any pay for the horses charged.
77 Ans. The horses were taken, when the army was marching from Piedmont to Staunton, on Monday, the day after the Piedmont battle. The battle of Piedmont took place on the 5th day of June 1864, and the horses were taken on the 6th day of June.
Ques 78 Ans. I saw the sorrel horse and also the Roan, taken out of the stable.
79 Ans. The Sorrel horse, was about twelve (12) years old, of medium size, in good order, and sound every way. He was a well broken horse to harness and saddle, and of good life. I would suppose that he was worth one hundred (100) dollars. The Roan horse, was five (5) years old, he was not as large as the sorrel, he was in good condition, and sound in every way. He had never been broken to harness, but was well broken to the saddle, and had good gates. He was gay looking and of fine mettle. I would think he was richly worth One hundred (100) dollars.
The Army was in command of General Hunter. There were a large number of soldiers at and around the Stable. The claimants residence is on the main road leading from Piedmont to Staunton. The Sorrel horse was rode and the Roan led away in the direction of Staunton, where the Army moved in the direction of. I never saw the horses after they were taken.
Thomas H. Myers
Testimony: Thomas J. Gilbert
Loyalty of Claimant
Deposition of Thomas J. Gilbert
My name is Thomas J. Gilbert, my age is 58 years. My residence near Staunton, occupation a farmer. I am not related to the claimant and have no interest in his claim.
Ques. 53 Ans. I have known the claimant, Franklin H. Myers for 15 or 20 years, and have been intimate friends all that time.
54 Ans. I lived during the war, or until I left my home, and went through the lines, about one and a half (1 1/2) miles from him.
55 Ans. I cant say that I did meet him often.
56 Ans. I did converse with him on one or two occasions about the war, &c. I do not remember the date, it was between our residences, I think, he was then in charge of some horses belonging to the Confederates, he seemed to me, to be dissatisfied said that he tried to keep out of the service, but was forced, I think, he expressed himself, as opposed to the war, and from all I know or heard him say I believe that he was opposed to secession and in favor of the Union.
57 Ans. Nothing but what I heard him say.
Ques. 58 Ans. I never knew of his doing anything voluntarily or saying anything against the Union cause.
59 Ans. I heard nothing.
60 Ans. His reputation in the neighborhood was that of a Union man. I have heard Robert Whitlock speak of him, Whitlock is dead. James Wampler, Henry Sniteman, and Jacob Myers, were well known Union men of that neighborhood.
62 Ans. I was all the time and am yet, and the claimant knew it.
63 Ans. I know of no threats being made.
64 Ans. I knowing of nothing done or said that could have induced me to testify in his behalf of any loyalty to the Confederacy.
65 Ans. I know nothing except what I have stated.
Thomas J Gilbert
Testimony: William Crosby
Deposition of William Crosby
My name is William Crosby, my age is 53 years, my occupation a farmer, residence near Staunton, I married the claimants sister, but I have no interest in the payment of his claim.
Ques 53 Ans. I have known the claimant about 26 years, intimately all that time.
54 Ans. We lived about seven miles apart.
55 Ans. We met often, and were together a great deal.
56 Ans. We conversed frequently and freely about the War, its cause &C. Our conversations were at different times and places, and by ourselves as it was unsafe to converse in the presence of others. I know that he was decidedly opposed to the war, and regretted the success of the rebel Army ofin every such success that I heard him speak of, I recollect the first Manassas or Bull run battle particularly.
57 Ans. I do not know of anything, but I believe that if he had had an opertunity he would have done his share.
58 Ans. I never knew him to say a word, or do anything voluntarily against the Union cause. He was in the Quarter service in the capacity of attendant, but was forced by the Conscript Act, to do that service which he regretted, but was powerless.
59 Ans. I never heard of his doing any thing against the Union, except what I have stated, and in that he was compelled. I was in the same service myself, in the same way.
60 Ans. His reputation amongst the Union men of his neighborhood was good. So far as I know, or heard there was no lack of confidence in his loyalty. Robert Whitlock (now dead) & Charles Batis, and others by reputation. Charles Batis' P.O. is New Hope.
61 Ans. I think that Charles Batis could, and his Union neighbors generally.
62 Ans. I was an adherent of the Union cause and am yet. The claimant knew me by my conversation. In 1862, I met three of my brothers at who belonged to Genl. Milroy's Army, for protection at my house, who were sent out, to learn Stonewall Jackson's whereabouts, and I informed them and they returned in time to save Milroy.
63 Ans. I do not know of any threats.
64 Ans. I could not have testified to his having any loyalty or sympathy for the Confederacy.
Wm Crosby
The foregoing depositions of Sallie J. Clark, Thos. H. Myers, Thos. J. Gilbert, & Wm. Crosby, were taken by me, at Staunton, Va. on July 31 1874.
H. Risk
Spe. Commr.
From all that I have been able to hear of Franklin H. Myers, he was all that he claims to be for loyalty to the Union and its cause. His service in the Confederacy, was no doubt a compulsion, which occured to thousands during the War.
H. Risk
Special Commr
Testimony: United States War Department
War Department Adjutant General's Office, April 22d, 1892
One F. H. Myers was a member of Co. A. 3dBattn Valley Reserves of Va., accepted into the C.S. Service April 23, '64 at Staunton, Va. There is also on file in this office, one Voucher signed F. H. Myers, at Staunton, Va. for flour, $36.25. No further information found.
Asst.Adjt. General
Testimony: United States Treasury Department
Treasury Department, Office of the Secretary, Washington, D.C. May 4, 1892
The Honorable The Attorney General.
Sir:
In answer to your request of the 9th ultimo, in the case of Franklin H. Myers against the United States, No. 8553 Congressional, I have the honor to state that claimant's name appears in a copy of a list of those who voted for the ordinance of secession in Augusta County, Virginia, the original of which is presumed to be in the custody of the clerk of the court of said county.
Respectfully yours,
Charles Furton Secretary
Bibliographic Information : Southern Claims Commission: Claim of Franklin H. Myers, August 15, 1871, Claim No. 12126, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8553.
