Summary: Myers claimed $460.00 worth of provisions, for which he provided a receipt. The Commissioners of Claims, however, disallowed his claim because he gave insufficient proof of his loyalty to the United States. Myers appealed this decision to the Congressional Court of Claims, apparently unsuccessfully.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| The Claim Consists of 4 items amounting to | $460.00 | 0 | $460.00 |
Claims Summary:
The Confederate Archives (War Dept) show that this Jacob Myers was a supporter of the Confederacy furnished supplies to Confederacy &c &c
Claimant swears to his loyal sympathies and his opposition to secession. Didn't vote at all on the adoption of the ordinance of secession. Sent his sons North to keep them out of the Rebel Army.
Calls his brother and another witness who swear that he was opposed to the war and in favor of the Union. The brother thinks the fact that he sent his sons North unequivocal indication of loyalty. The other witness don't know of his saying or doing any thing inconsistent with loyalty to the Confederacy. Claimant himself admits to receiving a pass from the Confederate Army at Staunton.
We do not regard the fact that he sent his sons North to keep them out of the Rebel Army any indication of loyalty. If he had sent them North to join the Union Army it would make a different case. We are not satisfied with the evidence of loyalty and therefore reject the Claim.
Testimony: Jacob Myers
It is hereby certified, that on the 4 day of September 1872, at New Hope, in the County of Augusta and State of Virginia, personally came before me the following persons, viz: Jacob Myers, Claimant, and Sarah C. Miller, Isaac S. Myers Thomas J. Gilbert, Claimant's Witnesses.
Thos. S. Hargest Special Commissioner of the Commissioners of Claims
My name is Jacob Myers, my age is 54 years, my residence Staunton, in the State of Virginia, and my occupation a farmer
To question No. 2 he answers, Where I now reside near Staunton, Va. Did not change my residence or occupation during that time. I was farming on my own land, it contained about 400 acres. 300 acres of that were under cultivation.
To question nos. 3 to 24 inclusive he answers no in full to each question separately put
To questions 25 he answers, The Confederates called on us tolerably early in the war to furnish so many horses. In common with my neighbors I delivered one horse to the Confederate authorities at New Hope, Va., received payment for him Confederate money. They afterward got another horse from me in the same manner, but never paid me for it. The Confederate army encamped on my farm and used my oats and hay & pasture. I got no pay for any of it. I never furnished anything voluntarily for the Confederate army or navy.
To question Nos. 26 and 27 he answers no in full to each.
To question No. 28 he answers no, except to aid my two sons and others to get away to the North.
To question Nos. 29 to 37 inclusive he answers no in full to each.
To question No. 38 he answers, At one time during the war I went to Staunton, Va. I do not remember what for, and I acquired a pass from the Confederate authorities there to return home.
To question No. 39 he answers no.
To question No. 40 he answers, At the beginning of the rebellion I sympathized with the Union Cause. I felt that the South was wrong and would get whipped. I did not say but little. I exerted my influence for the Union cause and voted the Union ticket. I did not f vote for or against the ratification of the ordinance of secession. After the ordinance of secession was adopted I still adhered to the Union cause.
The claimant is here examined by the Commissioner, as to property taken. I was present and saw all the property charged in my account taken. It was all taken on the 6th 7th 8th & 9th days of June 1864 by Gen. Hunter's army. The sorrel horse was taken as the army went up toward Staunton. It was in the stable. The soldier who took the horse arrested a Confederate soldier at my house & they said they wanted the horse for the prisoner to ride. I dont know whether there was an officer with them. There were four or five soldiers present when the horse was taken. I did not ask for a receipt & did not get any. I went to Staunton Va to next day to get him back, but I could not find him. While I was there I had a talk with an officer who told me that they needed horses & had to have them. The horse was three years old fast and worth $150. He was a good army horse & in fine condition. My sheep, cattle, flour and bacon were taken on the 7th day of June 1864 by the same command. It was all gotten by an officer named Thompson, who gave me a certificate or receipt (the certificate is here exhibited & is appended marked "A".) The sheep were good for mutton and would have made about one hundred pounds each, gross. There were ten of them. They were driven away. The seven head of cattle were stock cattle, some heifers and some small ones. I do not know how much they would have weighed, either gross or net. The lot, on the hoof, was worth $105. They were also driven away. The one barrel of flour was in my storeroom and it was carried out in bags by the soldiers. There was not less than a barrel taken. Flour was then worth about $100 per barrel. The 75 pounds of bacon was in my smokehouse and it was carried out by the soldiers. I estimated it at 75 pounds. Bacon was worth 66 2/3 cts per lb. All the property was taken by the officer named-Thompson-who had men with him & who removed the property. The gray horse was taken on the 9th day of June 1864 by some soldiers of I think Gen. Averill's command. The horse was in the stable and some men and a Lieutenant came and got the horse. I protested against it, but I could do nothing to prevent it. He said he must and would have the horse. The horse was a gray, a fine horse and was four years old, and was worth $200. I followed the horse and found him at one of my neighbors, but could not get him back. I did not ask the officer for a receipt for the horse, and he did not give me any. Further deponent saith not.
Jacob Myers
Testimony: Receipt
Staunton Va June 8th 1864
This is to certify that I have this day taken from Jacob Myers, such quantity of provisions as ordered, only allowing enough to remain to subsist his family.
Aaron N. ThompsonCapt.Comdg Squadron
Testimony: Sarah C. Miller
Sarah C. Miller, witness to prove property taken, being affirmed and examined by the Commissioner, says:
I 27 years old and reside in New Hope, Augusta County, Va. I am a daughter of the claimant and have no interest in his claim. I saw two horses, some flour and bacon taken from my father by Gen. Hunters army during the war. It was just after the battle of Piedmont. The one horse-a sorrel-was in the stable when taken. He was taken by six soldiers, I don't know whether any officer was with them. I heard them say that they took the horse for to take a Rebel prisoner to Staunton. I reckon the horse was something over three years old. This was on the 6th day of June, I think. I saw the same men take an iron gray horse belonging to my father on the Thursday following. This horse was in the stable when taken. There were a good many soldiers present. I dont think there was any officer with them. All I heard them say was that they intended to take the horse. The horse was about four years old. I think the sorrel was worth $150, and the iron gray $175. I saw a foraging party, a couple days after the sorrel horse was taken, take some flour and bacon from my fathers house, but I do not remember what amounts there were. I think there was an officer present. I do not remember hearing anything said at the time. This is all I know about it. Further deponent saith not.
Sallie C. Miller
Testimony: Isaac S. Myers
Isaac S. Myers, witness to prove loyalty of claimant, being affirmed and examined by the Commissioner, says:
I am 49 years old and reside near New Hope, Augusta Co. Va. I am a brother to the claimant and have no interest in his claim. I lived about seven miles from the claimant during the war and saw him frequently. I talked with him very frequently in regard to the cause and progress of the war. He always spoke in favor of the Union Cause and was opposed to the rebellion. I dont remember that I heard him express himself in the presence of others. I was a Union man and the claimant so regarded me. I knew what his reputation was, it was that of a Union man. He was regarded a Union man by his loyal neighbors. I never knew him to be injured or molested on account of his Union sentiments. I never knew him to own any Confederate Bonds. I never knew him to render any aid or assistance to the rebelUnion cause. I never knew him to render any aid or assistance or to sustain the credit ofto the Confederate cause. He sent his sons North to keep them out of the Confederate army, and I think this would have rendered him unable to prove his loyalty to the Confederate government if it had succeeded in maintaining a separate existence. Further the deponent saith not.
I. S. Myers
Testimony: Thomas J. Gilbert
Thomas J. Gilbert, witness to prove loyalty of claimant, being affirmed and examined by the Commissioner, says:
I am 56 years old and lived 4 1/2 miles from Staunton, Va. I am not related to the claimant and have no interest in his claim. I lived about a mile and a quarter from the claimant during the war, except about one year from May 1864 when I was a refugee. I often seen him. I talked with him in regard to the cause and progress of the war. He expressed himself as a loyal man. I knew his public reputation for loyalty. It was that of a loyal man. I think he was regarded a loyal man by his loyal neighbors. I was a loyal man and the claimant so regarded me.
I never knew him to own any Confederate Bonds, or do anything to sustain the financial credit of the Confederacy. I never knew him to be injured or molested on account of his Union sentiments. I know that he was a good friend to loyal men. I never knew him to aid either army in any way. I know that he sent his son North to prevent him from being conscripted into the rebel army. I know of no act done or language used that would prevent him from proving his loyalty to the Confederate government if it had succeeded in maintaining a separate existence. Further deponent saith not.
Thomas J. Gilbert
Testimony: United States Treasury Department
Treasury Department, Office of the Secretary, Washington, D.C., May 9, 1892.
The Honorable The Attorney General.
Sir: In answer to your letter of the 15th ultimo, in the case of Jacob Myers against the United States, No. 8717 Congressional, I have the honor to state that the name of Jacob Moyers appears in 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.
The name of Jacob Myers has been found in a list of certificates issued by the Bank of Rockingham, Confederate States Depository, page 33. A duly authenticated extract from this list will be furnished, if desired; or the original may be used under proper custody when necessary.
Respectfully yours, Charles Foster Secretary.
Testimony: Claimant's Brief on Loyalty
IN THE COURT OF CLAIMS. DECEMBER TERM 1894-95.
Jacob Myers, vs The United States No. 8717 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 state:--
"Claimant swears to his loyal sympathies and to his opposition to secession. Didn't vote at all on the adoption of the ordinance of secession. Sent his sons North to keep them out of the rebel army.
Calls his brother and another witness, who swears that he was opposed to the war and in favor of the Union. The brother thinks the fact he sent his sons North unequivocal indication of loyalty; the other witness does not know of his saying or doing anything inconsistent with loyalty to the Confederacy. Claimant himself testifies to receiving a pass from the Confederate army, at Staunton.
We don't regard the fact that he sent his sons North to keep them out of the rebel army any indication of loyalty. If he had sent the North to join the Union army it would make a different case. We are not satisifed with the evidence of loyalty, and therefore reject the claim
The Confederate archives, War Dept. show that this Jacob Myers was a supporter of the Confederacy, furnished supplies to the Confederacy, etc."
The claim was transferred to the Court by the Committee on War Claims, March 10th, 1895.
BRIEF ON LOYALTY.
The following testimony was taken in Sept. '72.
JACOB MYERS testifies: Age 54; residence Staunton, Va., farmer; am the claimant. (P. 1). I did not change my residence or occupation during the war. Questions 3 to 24 answered in the negative favorable to loyalty. The Confederates called us tolerably early in the war to furnish so many horses. In common with my neighbors, I delivered one horse to the Confederate authorities at New Hope, Va., and received payment for it in Confederate money. They afterwards got another horse from me in the same manner, but never paid me for it. The Confederate army camped on my farm, and used my rails, hay and pasture. Got no pay for it. Never furnished anything voluntarily, for the Confederate army. Questions 26 and 27 answered in the negative favorable to loyalty. Did nothing except to aid my two sons and others to get away to the North. Questions 29 to 37 inclusive answered in the negative favorable to loyalty. (P. 2). At one time during the war I went to Staunton, Va. Don't remember what for. Received a pass from the Confederate authorities there and to return home. At the beginning of the rebellion I sympathized with the Union cause. Felt that the South was wrong and would get whipped. I did not say but little. I exerted my influence for the Union cause, and voted the Union ticket. I did not vote for or against the ratification of the ordinance of secession. After the ordinance of secession was adopted, I still adhered to the Union cause. (P. 3).
ISAAC S. MYERS testifies: age 49; residence New Hope, Va. Brother of Claimant, not interested. Lived about seven miles from the claimant during the war. Saw him frequently. Talked with him very frequently, in regard to the cause and progress of the war. He always spoke in favor of the Union cause and was opposed to the rebellion. I don't remember that I heard him express himself in the presence of others. I was a Union man and the claimant so regarded me. I knew what his reputation was. It was that of a Union man. So regarded by his loyal neighbors. (P. 7). Never knew him to be molested or injured on account of his Union sentiments. Never knew him to own any Confederate bonds. Never knew him to render any aid or assistance to the Union cause.. Never knew him to render any aid or assistance or to sustain the credit of the Confederate cause. He sent his sons North to keep them out of the Confederate army, and I think this would have rendered him unable to prove his loyalty to the Confederate Govt. if it had been successful.
THOS. J. GILBERT testifies: age 56; residence 4-1/2 miles from Staunton, Va. Not related, or interested. Lived about a mile and a quarter from the claimant during the war, except about one year, from May '64, when I was a refugee. I (P. 8). Talked with him in regard to the cause and progress of the war. He expressed himself as a loyal man. I know his public reputation for loyalty. It was that of a loyal man. I think he was regarded a loyal man by his loyal neighbors. I was a loyal man, and the claimant so regarded me. I never knew him to own any Confederate bonds, or do anything to sustain the credit of the Confederacy.. I never knew him to be injured or molested on account of his Union sentiments. I know that he was a good friend to loyal man. Never knew him to aid either army in any way. I know that he sent his son North to prevent him from being conscripted into the rebel army. I know of no act done, or language used that would prevent him from proving his loyalty to the Confederate Govt. if it had succeeded in maintaining a separate existence. (P. 9).
The following testimony has been taken since the claim was referred to the Court. In Nov., 1895.
JOHN A. HARRIS testifies: Farmer; age 52; residence Annex, Va., Not interested or related. (P. 1). I knew the claimant prior to and during the war. I lived within a mile of him and saw him often. I was a blacksmith during the war, and did a great deal of work for him. I talked with the claimant frequently on the subject of the war, and he was always favorable to the Union. Claimant was regarded by every one who knew him as a Union man. I don't think he made any special secret of his Union sentiments. There was no change in his sentiments to my knowledge. I went through the lines myself, and he furnished me money to get away. He sent two of his sons through the Confederate lines to keep them out of the Confederate army. (P. 2). He was a member of the United Brethern church. I have always been told by members of that church that no man owning slaves could be admitted to membership. Claimant never had any middle name that I heard of, and he never lived outside of the New Hope voting precinct. Claimant never lived at Mr. Solon precinct, and he always spelt his name Jacob Myers. He did not serve in the Confederate army. Claimant's voting precinct was New Hope or Staunton. He lived about half way between New Hope and Staunton, and couldn have voted any where else. I know he couldn't establish his loyalty to the Confederacy, had it been successful. (P. 3).
CROSS-EXAMINATION.
New Hope polls is 18 or 20 miles from Shenandoa. Don't think New Hope precinct is over five miles from Mt. Sidney Polls. Claimant lived about four or five miles from New Hope Polls. Claimant's place was between six and eight miles from Mt. Sidney polls. I am not able to say whether a man could vote at his precinct or elsewhere at the election on secession. Claimant was living about half way between New Hope and Staunton, so far as my knowledge goes, I don't know, but I have been told this morning by a gentleman who lived on the farm adjoining Mr. Myers, that they could vote at either place. I had a great deal of business transactions with him during my life, and he always signed his name Jacob Myers. Think claimant was about 45 years old at the breaking out of the war.. I think he was over age at first, until they got to taking them over forty-five. (P. 4). I think this is the way he kept out of the army, but I don't know positively. About all I know he done was to send his sons away and aided others to get away from this section, that is from where they could be conscripted. I never heard him talk about the successed of the South in battles. I never heard him express himself as to victories. I mean to say that Mr. Myers was a Union man. I mean a man who was opposed to secession. During the war he was a farmer staying at home. I don't know if claimant was conscripted, but I rather think he was. You see I was only 18 years old, the year the war broke out, and he never said much to me about things like that. He was at the blacksmith shop frequently and talking to my father about the war. As to his being conscripted, I think he was, after they drafted men over 45. (P. 5) He never was in the war to my knowledge. He was not detailed to any sort of work.
RE-DIRECT.
I have heard these conversations, and he always expressed himself opposed to the war. My father died in '63 and I continued the business. I done claimant's work, and he was at the shop often, and he was always opposed to the war. (P. 6).
LEVI MYERS testifies: Age 69; residence Laurel Hill, Va., Not interested or related. (P. 7). I was acquainted with the claimant prior to and during the war, and lived in sight of him. I saw him nearly every day and had conversations with him about the war. He expressed himself as against secession. He was against their going out of the Union, and wanted to see the Union successful. He never was in the Confederate army. When the soldiers were first called out he wasn't quite over age, and then he was exempt by the board of examiners; it was only a short time after the out break of the war before he was 45 years of age. He was generally known in the community as a Union man. He did not make any special secret of his Union sentiments He sent his sons through the lines. He belonged to the United Brethern Church. (P. 8). It was against the church's doctrine to be a slave holder. I don't think the claimant voted on secession. New Hope was his voting precinct at that time. I never heard of his having a middle name. He always wrote his name Jacob Myers. I have seen him write his name, and I have got some of his papers now I reckon with his name signed. He spelt his name Myers. I know a man that lived at Sherando of the name of J.S. Myers. He was another man entirely, not the claimant. I can't tell exactly as to Mount Solon. There was a family of Moyers living in that part of the county. Mt. Solon is not less than 15 miles from the home of the claimant. The I.C. myers who voted for secession at New Hope precinct was a cousin of Jacob Myers, the claimant. (P. 9). I.C. Myers, and the claimant voted at the same place.
CROSS-EXAMINATION.
Mr. Myers and myself brought produce to Staunton during the war to sell. I sold none to the Q.Ms. Don't know what Myers did. When I sold to the people they paid me in Confederate money. There was little difference between Mr. Myers and me. I had to sell to the Q.M. and Mr. Myers was not bound to sell to them. He sold wherever he could. I was part of the time a detailed farmer, and had to sell my produce to the army. He wasn't detailed (P. 10). When he sold he sold wherever he could, while I had to sell to the Q.M. We often brought our hay down together.
The attention of the witness is called to a receipt of Mr. Myers for $1500 worth of hay, and he says he must have sold that to the Q.M., but I know he always sold to other parties whenever he could. That his reason for not selling to the Confederate Q.M. was that he couldn't get the money. I know Wm. J. Nelson. He was the finest kind of a man. Mr. Myers bought Mr. Nelson's farm. Knew each other very well, were friendly, and I suppose that was how he happened to sell him the hay if he sold it. Mr. Myers was friendly and on good terms with his old friends who were in the army. (P. 11). I remember about his sending horses to New Hope. There was a general order issued for every body to report to New Hope, how many horses each had. He and I reported there. The judge decided we could keep four or five horses and bring one horse to New Hope. So he brought the one horse to New Hope and kept the other four, and so did I. The Judges were from the neighborhood. Everything about the transaction was in a friendly manner. Judges and ourselves recognized it as a matter of duty, and abided by what they done. Claimant had no brother or relatives in the Conefderate army that I know of.
RE-DIRECT.
The friendly relations of Mr. Myers and Nelson was because they were old friends and neighbors. (P. 12). Mr. Myers would have got himself in trouble had he refused to report the number of horses he owned, in compliance with the order issued to that effect. (P. 13).
SUMMARY.
The Commissioners of Claims found as facts that the claimant's sympathies were with the Union cause. That he did not vote on the ordinance of secession and sent his sons North to keep them out of the rebel army. Notwithstanding these facts they were not satisfied with the evidence of loyalty. Based their adverse action mainly upon the report of the War Dept. of Confederate vouchers for supplies, etc.
Mr. Myers was undoubtedly a Union man throughout the entire war and gave no aid to the rebellion, except what he was forced to do. He was 43 years old in '61, residing at Staunton, Va., farming. He aided not only his two sons, but others to go North. He did this to keep them out of the rebel army.
His witnesses also testify that he aided others to get away to prevet their being conscripted in the Confederate service.
The effort to show that this claimant voted for secession has failed. He did not vote for secession. There were other men in that county of the same name. His conversation through the entire war was favorable to the Union cause. He was regarded by all his neighbors loyal and disloyal as a Union man.
I do not see how a doubt can be reasonably entertained as to Jacob Myers loyalty throughout the entire war.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS. December Term 1895.
Jacob Myers vs. The United States. No. 8717 Cong.
DEFENDANT'S BRIEF ON LOYALTY.
The evidence is correctly abstracted in claimant's brief on loyalty.
Claimant in his testimony (page 2 claimant's brief) says that he did not furnish any supplies to the Confederate Government, except a horse which he was ordered to furnish and another which was taken from him by force.
The C.S. Archives show by vouchers which will be produced at trial of the case that he furnished and was paid for nearly $2000.00 worth of supplies. The manner in which these supplies were furnished is explained in the testimony of Levi Myers (pp. 7 to 9 claimant's brief).
In view of these facts the claimant should be declared by the Court to have been disloyal.
Samuel A Putman Assistant Attorney.
Bibliographic Information : Southern Claims Commission: Claim of Jacob Myers, September 4, 1872, Claim No. 2557, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8717.
