Summary: Palmer's claim was disallowed by the Commissioners because he was on record as having voted for the ordinance of secession. Palmer appealed this decision in 1895 but refused to answer questions about his vote.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| One Bay horse | $150 | 0 | $150 |
| 70 Bushels Corn | $70 | 0 | $70 |
| 8 Blls flour | $80 | 0 | $80 |
| 6 Bushels wheat | $12 | 0 | $12 |
| Total | $312.00 | 0 | $312.00 |
Claims Summary:
The claimant was a resident of Augusta Co. Va. He says he was a Union man loyal to the Federal Gov't. His witnesses state substantially the same thing. They were Confederates & knew Palmers Union sentiments yet he does not appear to have been in any way disturbed on that account. His brothers were in the Confederate Army & he was conscripted & escaped by going west to avoid military service. Confederates took his property & paid him "in scrip." He swears that he did not vote on ratifying the ordinance of secession. The record is against him A.J. Palmer of Augusta Co. is recorded as voting for the ordinance. The claim is disallowed.
AO Aldis, O. Ferris, JB HowellComrs of Claims
Testimony: Andrew J. Palmer
It is hereby certified, that on the 11th day of March 1873, at Staunton, in the county of Augusta and State of Virginia, personally came before me the following persons, viz: Andrew J Palmer, Claimant and James Perry, A.J. Acord Claimant's Witnesses, for the purpose of a hearing in the above entitled cause.
Harvey Risk Special Commissioner of the Commissioners of Claims
Deposition of Andrew J Palmer
My name is Andrew J. Palmer, my age 43 years, my residence Near Fisherville, Augusta Co, in the State of Virginia, and my occupation a Miller
Ques. 2 Ans. I resided in Augusta Co. near West View my occupation was a Miller. I did not change my business, nor my residence, but two miles.
Ques. 3 Ans. I did not pass beyond the lines.
Ques. 4 Ans. I took no oath of any kind to the Confederacy.
Ques. 5 Ans. I did take an oath in Staunton in 1865.
Ques. 6 Ans. I was never in any way connected with the civil service of the Confederate States.
Ques. 7 Ans. I never held any place of trust, honor or profit under the Confederate Government State or territory.
Ques. 8 Ans. I never was a clerk, agent, or had any employment for the benefit of the Confederate States.
Ques. 9 Ans. I never was in the Military or Naval service of the Confederate States, state or territory.
Ques. 10 Ans. I never was an Officer or Soldier.
Ques. 11 Ans. I never was in the Militia of any State during the War.
Ques. 12 Ans. I belonged to no home guard or committee of any kind.
Ques. 13 Ans. I was conscripted, but done no service.
Ques. 14 Ans. I furnished no substitute.
Ques. 15 Ans. I was not in any way connected with the Quarter Master or any other department of the Confederate service.
Ques. 16 Ans. I was not employed on any Railroad nor in transporting soldiers, or anything connected with or for the benefit of the Confederate Government.
Ques. 17 Ans. I at no time had charge of supplies or stores, for the use of the Confederate Army or Navy. Nor charge of any thing or article used for the benefit of the Confederates.
Ques. 18 Ans. I was not in any service or employment or business of any kind, and never furnished aid in any way to any state in rebellion, Army, Navy, Militia, home guard or any military force or organization officer or soldier.
Ques. 19 Ans. I never was employed in the Manufacture nor assisted in manufacturing any article for the Army or Navy or soldiers, nor in the supply of any thing whatever.
Ques. 20 Ans. I never in no way or capacity, was engaged in the collection or sale or purchase of any species of articles for the use and benefit of the Confederate Government or any State in rebellion.
Ques. 21 Ans. I never run any blockade, nor engaged in the traffic of goods of any description during the War.
Ques. 22 Ans. I did not leave the Confederate States, Aug. 1 1864, and went to Ohio & Indiana
Ques. 23 Ans. I had no interest in any boat or vessel for any purpose.
Ques. 24 Ans. I never was arrested, by either the Confederate or United States Government.
Ques. 25 Ans. I had some grain, Corn & Flour taken and was paid in what was called scrip.
Ques. 26 Ans. I was threatened with arrest, by private individuals.
Ques. 27 Ans. I never was molested or injured.
Ques. 28 Ans. I never contributed any property to the United States.
Ques. 29 Ans. I did nothing, except to feed Union refugees.
Ques. 30 Ans. I had two brothers, Martin V. Palmer & Geo. W. Palmer. Martin V. is living, and resides near Waynesboro.
Ques. 31 Ans. I never owned or had interest in any bonds or loans, nor did nothing to support the credit of the Confederate cause.
Ques. 32 Ans. I give no aid and comfort to the rebellion.
Ques. 33 Ans. I never engaged in making raids from any place or for any purpose.
Ques. 34 Ans. I never held in custody men for any cause.
Ques. 35 Ans. I never belonged to any society or association for the punishment or persecution of persons for any cause.
Ques. 36 Ans. I never was a parolled prisoner.
Ques. 37 Ans. I never held any Office, and was not educated at any Military School.
Ques. 38 Ans. I never had a pass.
Ques. 39 Ans. I was not under any disabilities. I have held no Office since the War.
Ques. 40 Ans. My sympathies were with the Union at the time. I used my influence in favor of the Union Cause. I did not vote for the ratification of the ordinance of secession, and after it passed, I still adhered to the Union.
Ques. 41 Ans. I do most 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 that I never of my own free will and accord did anything or offered or sought or attempted to do anything by word or deed to injure said cause or retard its success and that I was at all times ready if called upon, to aid and assist the cause of the Union or its supporters, so far as my means and power and the circumstances of the case permitted.
Testimony in regard to taking the property. Same witness.
Ques 1 Ans. I was present and saw my flour, Corn & Wheat was taken, but did not see the horse taken
Ques. 3 Ans. The Flour, Corn and Wheat was taken out of the Mill. There was an Officer who took the articles from the Mill, and he said that there provision train had been cut off, and they were obliged to have it.
Ques. 4 Ans. I think it was about the 7th of June 1864. I do not know the Officers name, he said he was from Massachusetts. There were a number of soldiers in the Mill, and engaged in handling the Articles
Ques. 5 Ans. Samuel Mays, now dead, was present.
Ques. 6 Ans. There was an Officer who ordered the property to be taken. I think he was a Colonel, and belonged to Genl. Hunter's Army was then in charge of prisoners captured at Piedmont, and marching Westward. He said that they needed the provisions.
Ques. 7 Ans. The Flour was rolled out in barrels & some put in bags. The Corn & Wheat put into bags and a part thrown loose into the Wagons
Ques. 8 Ans. Removed in Wagons.
Ques. 9 Ans. The Command was then Marching in the direction of Parkersburg W. Va.
Ques. 10 Ans. I do not know, except the Officer told me he needed them for his men.
Ques. 11 Ans. I told the Officer that I ought to have a receipt, and he told me if I would take the oath, he would give me one, but I declined for the reason, that I could have no protection after they left.
Ques. 12 Ans. I got no receipt for the reason stated above.
Ques. 13 Ans. It was day time, probably 8 or 9 A.M.
Ques. 14 Ans. The nearest Camp was at Staunton, about 6 1/2 Miles distant. They had been in Camp Two or three days. The battle at Piedmont by Genl. Hunter, was the Sunday previous, I knew no Quarter Master.
Ques. 15 Ans. My horse was in a grass field about two miles from my house, and about 1/2 mile from the road. He was a black bay 4 years old, of good size, and fat, well broken to the Saddle and harness, and sound. He was worth $150 in gold. The flour I had refused $10 a barrel for it, only a few days previous, in gold, by W.W. Donaghe. The Wheat was sound and good, I think there was more than the quantity charged I did not measure it. I did not measure the Corn either, but judged the quantity by the piles. I received no pay.
A.J. Palmer
Testimony: James Perry
Deposition of James Perry
Answer to 1st general question. My name is James Perry my age is 50 years. My residence Near Augusta Springs. My occupation a Shoe Maker. I am not related to the Claimant.
I was not present when the horse was taken, but saw him in possession of a soldier, about 1 1/2 mile from the field where the horse was pasturing. I said nothing to him about the horse. I think he had a saddle, though I am not sure. The Soldier that was riding the horse was in rear of the command. I did not hear him say whether he belonged to the command or not. His dress was that of a soldier. I do not live on the main road, but he I expect he joined the Command in about 1 1/2 miles from my house. The command was a part of Genl. Hunter's Army, in charge of prisoners taken at Piedmont. I know nothing of the taking of the Wheat, Flour & Corn. The horse was a bay. I do not know his age. I now recollect that he was 4 years. He was in fine plight and really a good horse. The horse was worth any where $150.
Deposition as to Loyalty. Deposition of Same Witness.
Answer to first general question, I have known the claimant since 1856. I lived about two miles from him during the War. I was intimate with him during the War. I saw him very frequently, and talked about the War. He (the Claimant) was always a strong Union man, and invariably against rebellion. He said he would never to into the rebel Army. He knew I was a Union man. I do not recollect that I heard him express himself in the presence of others. The Union men of the neighborhood had full confidence in his sincerity as a loyal man. He did all he could for Union Men, he went through the lines in 1864, and did not return until after the surrender. I know he could not have proven any loyalty to the South. He told me the night he left for the West, that if the rebels succeeded, he would not live in it.
James Perry
Testimony: Andrew J. Acord
Deposition of Andrew J. Acord
Answer to 1st general question. My name is Andrew J. Acord, my age is 54 years. My residence is Staunton, Va. My occupation is a Carpenter. I am not related to the claimant and have no benefit. I have known the claimant since 1849 & intimately since 1856. We were intimate during the War. I lived about 1/2 mile from him. I saw him often, every day We talked about the War, and he was always opposed to the Southern Confederacy, and in favor of the Union. I have heard him talk in the presence of Union men and he was always the same. I never heard any of the Union men of the neighborhood his being strictly a Union man. I know he could not have proven his loyalty to the South by me, or any other Union man in the neighborhood nor by a rebel.
A.J. Acord
Testimony: Andrew J. Palmer
A.J. Palmer claimant after being duly sworn by the undersigned Special Commrs sworn deposes & says,
1st Question by claimants counsel-Did you every do say any thing for the Confederate Cause or render any aid or comfort to the Rebellion, if so please state all the details, what force compulsion or influence was used if any & also give times places & persons connected with the transactions & if you did not render any such aid or comfort, please state why not.
Answer-I rendered no aid to the Rebellion I would not grind any grain for the Confederate government, tho they desired me to do so. I was then & am now a Miller. Capt. Roberts Avis of the Provost guard sent his guard after me in July 1864 and arrested me & brought me to Staunton, tried me & sent me to Richmond. I went before Maj Peyton & was assigned by him to Co. "E" 1st Va Cavalry, with a ten days furlough but never returned to the company, but immediately went through the lines & remained there until after the war. Hunters Army took from me only one horse worth one hundred and fifty Dollars, 70 bushels of corn worth one Dollar a bushel, 8 bls flour worth ten Dollars a barrel & 6 bushels of wheat worth two Dollars per bushel Aggregating $312 & I have never been paid for the same. And further this deponennt saith not.
A.J. Palmer
Taken subscribed & sworn to before me this 11th day of February 1878
Jno W. Stout Special Comr.
Testimony: James F. Bell
Jas. F. Bell being next duly sworn deposes & says
To question numbered 1 The witness answers, Jas F Bell is my name. I am 46 years old. I live nine miles from Staunton in Augusta County Va. & have lived there all my life. I am a farmer.
To question numbered 2 The witness answers, I am not the claimant & am no relation of his nor am I in any way interested in the success of the claim
To question numbered 52 The witness answers, I am here to testify in favor of AJ Palmer the claimant.
To question numbered 53 The Witness Answers, I have known A.J. Palmer about 20 years & have known him intimately all of that time.
To question numbered 54 The witness answers, I lived near him during the war, until he left the State. Only about miles from him
To question numbered 55 The witness Answers, I met him frequently during the war, about once in two weeks.
To question numbered 56 The witness answeres, I talked with the Claimant, almost every time I met him during the war, about its causes, its progress, & its results. The only occasion that I can now recall, in which any thing was said of more importance than the ordinary conversations we had about it (the war) was in 1864 I think, when the sale of a horse for Confederate money brought about the Conversation. I was about to sell my horse when Mr Palmer remarked that he would not sell property for Confederate Money. He said he did not think Confederate Money would ever be worth any thing & the impression on my mind if he did not say so in so many words, that the Southern Cause would fail. This conversation occured in Swoopes Mill near where I live. No one else was present when it took place.
To question numbered 57 The witness answers, I know that when he was called out during the war to enter the army, he said he would not go, refusing positively to go & gave as a reason that he was opposed to the war & was opposed to secession. That he did not think the states had a right to secede & I know that afterwards when he was arrested & taken to Richmond, he left & immediately went through the lines
To question numbered 58 The witness answers, I know of nothing done during the war against the Union Cause.
To question numbered 59 The Witness answers, I never heard any thing for or against it.
To question numbered 60 The witness answers, He had the public reputation of being loyal to the United States. I heard different men say he was loyal & I remember hearing a Confederate Captain, Francis Roberts say he was loyal to it Union & cursed him for it. Jas. Lisley, Henry Mish, David Fauber, Geo. W. Swoope and many others can testify to his loyalty to the Union.
To question numbered 61 The witness answers Jas Lisley, Henry Mish & David Fauber were prominent loyal men (to the Union) during the & can testify to the loyalty of A.J. Palmer.
To question numbered 62 The witness answers I was not a Union man during the War but was in the Confederate Service
To question numbered 63 the witness answers, I do not know of any such charges
To question numbered 64 The witness Answers I do-His going off & his frequent Confiscations
To question numbered 65 The witness answers His refusal to take up arms against the Union, his leaving of the Confederate States & going west in the Federal lines & his frequent Conversations with me
And further this deponent saith not
James F Bell
Taken subscribed & sworn to before me this 16th day of February 1878
Jno W Stout Spl. Comr.
Testimony: P.O. Palmer
P.O. Palmer a witness of lawful age being next called to testify, after being first duly sworn by the undersigned Special Commissioner deposes and says
To question numbered 1 The witness answers, My name is P.O. Palmer. I am 74 years & 6 months old. My residence is Valley Mills in Augusta County Va. I have lived there since 1842. I am a general mechanic.
To question numbered 2 The witness answers I am uncle to the Claimant. I am not at all interested in the success of the Claim.
To question numbered 52 the witness answers I am here to testify in favor of A.J. Palmer.
To question numbered 53 the witness answers I have known the claimant intimately since his infancy
To question numbered 54 the witness answers, The claimant lived a part of the time during the war in my house say about two years; certainly not less. The rest of the time he lived about 2 1/2 miles from me.
To question numbered 55 the witness answers He was right under my Eye during the time he lived with me & after that I saw him every two or three weeks until he left the state.
To question numbered 56 the witness answers, I frequently talked with him during the war about the war, its causes, its progress & its results & in every sentiment he breathed nothing but Union principles. Cant mention any particular conversation, but will say that the Cause of most of our conversations sprang from the fact that we disagreed about War entirely. He being a Union man & I a secessionist.
To question numbered 57 the witness answers When the Confederate Authorities tried to press him into service, he refused to serve & hid himself & afterwards went throug the lines I believe, for I never saw him afterward until the close of the war
To question number 58 the witness answers, He always declared that secession was wrong & that there was no necessity for it. He talked a great deal on the subject.
To question numbered 59 the witness answers I have very frequently, every day during the war heard him say there was no cause for the war, that it was useless
To question numbered 60 the witness answers, He had the public reputation of being loyal to the United States during the War. I heard almost every body in the neighborhood speak of it & speak of it publicly-Jno Brown, Jas. W. Calhoun, WW Taylor Henry Eilson & others of less note can testify as to his loyalty.
To question numbered 61 the witness answers Jas. Lisley, Rev. Geo. A. Shuey could testify also to his loyalty
To question numbered 62 the witness answers I was a secessionist
To question numbered 63 witness answers I do not know of any such threats &c
To question numbered 64 witness answers I do. His leaving the Country & crossing the lines together with many acts previous to leaving & his frequent conversations with me
To question numbered 65 the witness Answers He always said he would not aid or abet the Confederate cause & always stated that he was not in sympathy with the Confederate Cause. I think I have stated substantially what I know above
And further this deponent saith not
P.O. Palmer
Taken subscribed & sworn to before me this 16th day of February 1878
Jno W Stout Spl. Comr.
Testimony: Alexander B. Lightner
Alex B. Lightner a witness of lawful age being next introduced, after being first duly sworn by the undersigned Special Commissioner, in answer to question deposes & says
To question numbered 1 the witness answers, My name is A.B. Lightner. I was born in 1824. I live in Augusta County Va. near Staunton & have always lived in Augusta County. Have lived at my present residence 12 years. I am Sheriff of Augusta County Va
To question numbered 2 the witness answers I am no relation of the claimant what ever & in no way interested in the success of the claim.
To question numbered 52 the witness answers I am here to testify in favor of A.J. Palmer the claimant
To question numbered 53 the witness answers I have known A.J. Palmer the claimant for 20 years. I knew him intimately from the beginning of the war up to the time that he left the State of Va.
To question numbered 54 the witness answers Part of the time about 4 miles & the other part 3/4 of a mile.
To question numbered 55 the witness answers I frequently met him during the war, I suppose as often as once a week
To question numbered 56 the witness answers I cant remember any particular conversation that I had with the claimant about the war, but from his character generally it was believed by every one that knew him well that he was opposed to the war & that he stated to me (I remember) that he never intended to go into the Confederate Army, but if I never talked with him about the war when I could avoid, because our views on that subject were entirely different, & I feared some unpleasantness would occur
To question numbered 57 the witness answers When he was notified to go into the army he left the Confederacy & as I have already said he stated to me that he would never to into the Confederate Army as he was opposed to the war.
To question numbered 58 the witness answers I knew his Union sentiment by report & I knew of his act of leaving the Confederacy & I knew his declarations against secession
To question numbered 59 the witness answers It was generally understood by every body in the neighborhood that he was opposed to the war. I might mention among others his father-in-law, Jno. Brown, who has some times spoke to me during the war of A.J. Palmer's disloyalty to the Confederacy
To question numbered 60 the witness answers He had the public reputation of being a loyal man during the war. I know this for the current report in the neighborhood.
To question numbered 61 the witness answers Saml. Driver, Jas Lisley (now dead) & A.J. Palmer were Union men during the war & the only ones I knew in the neighborhood.
To question numbered 62 the witness answers I was a secessionist during the war & the claimant I suppose knew it, for he knew that I was in the Confederate service
To question numbered 63 the witness answers I do not
To question numbered 64 the witness answers Yes from the fact of his leaving the Confederacy during the war & his refusing to enter the Confederate Army.
To question numbered 65 the witness answers I cant give any more
And further this deponent saith not
AB Lightner
Taken subscribed & sworn to before me this 16th day of February 1878
Jno W Stout Spl. Comr.
Testimony: P.O. Palmer
P.O. Palmer a witness of lawful age being first duly sworn by the undersigned Special Commissioner deposes & says
To question numbered 1 the witness answers, P.O. Palmer. I am 74 years & six months old. I live at Valley Mills Augusta Co. Va. Have lived there since 1842. I am a mechanic in general.
To question number 2 the witness answers, I am not the claimant. I am an uncle of the claimant. I am in no way interested in the claim.
To question numbered 72 the witness answers, I was present when all of the property was taken & actually saw it taken except the bay mare mentioned in the claim as bay horse. I saw corn taken about 75 bushels. I saw 8 or 10 barrels of flour taken. I know some wheat was taken tho dont know how much.
To question numbered 73 the witness answers, All the property was taken in the day time & openly that I saw taken, except the horse which I did not see taken. I was the owner of the mill in which the property was stored when taken
To question numbered 74 the witness answers, I myself did make complaint to an officer but dont remember his name rank or regiment. He said he could give me no protection & paid no attention whatever to my complaint
To question numbered 77 the witness answers, The troops were on the March, just after the battle at Piedmont in Augusta County
To question numbered 78 the witness answers, Didn't see bay horse taken. I saw corn taken. I saw flour taken. I saw wheat taken.
To question numbered 79 the witness answers The corn was shelled & stored in a garner in my mill. It was about 75 bushels. I got the amount from my books. The claimant was my miller & entitled to one third of the tolls. The corn was good merchantable corn. I think the corn was worth a dollar a bushel as near as I can state it. It was in June 1864. It was Hunters Army but cant give any more particulars, for I dont remember. The corn & wheat was taken & put into sacks & put into wagons & hauled away & the flour was rolled out in barrels & hauled away in wagons. There were from 12 to 18 wagons, but dont know how many men. They were about two hours in cleaning out the mill. The moved west ward. I know not where. Officers were present & I knew it by their dress. Have been a military officer myself. One of the officers directed matters as to the removal of the property. I cant give his name or the name of any one of the officers. Dont know whether the taking of the property was authorized by the proper officer or not, but the rumor was current in the soldiers that they needed the property, the corn flour &c for the many use of the army & besides the army was then only three miles from the mountains & mine was the only mill that had any thing in it between me & the mountains
To question numbered 80 the witness answers, I give the same answers to each item as I have already given as to the corn
And further this deponent saith not.
P.O. Palmer
Taken subscribed & sworn to before me this 16th day of Feby 1878
Jno W Stout Special Commissioner
Testimony: James H. Holmes
Provost Marl Office New Creek W.Va.
Sept 5 '64
This is to certify that AJ Palmer of Augusta County State of Virginia has this day taken the oath of Allegiance to the United States
Jas H Holmes Capt and Provost Mar.
Testimony: United States War Department
Archives Office, War Department, Jan. 2nd, 1879
Case of Andrew J. Palmer, Augusta Co. Va.
Mr. Palmer Sold to the C.S. 76 bushels Wheat at $3.50 per bushel amount $266.00
Paid Feb 16th 1863 by Ths Shumate Q.M. C.S.A.
Rejected 1878
Testimony: Claimant's Brief on Loyalty
IN THE COURT OF CLAIMS DECEMBER TERM 1894-1895
Andrew J. Palmer vs. The United States, No. 8870 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 to Congress state:--
"The Claimant was a resident of Augusta Co., Va. He says he was a Union man, loyal to the Federal Government. His witnesses state substantially the same thing. They were Confederates and knew Palmer's Union sentiments, yet he does not appear to have been in any way disturbed on that account. His brothers were in the Confederate army, and he was conscripted and escaped, going West to avoid military service. Confederates took his property and paid him in scrip. He swears that he did not vote on ratifying the ordinance of secession. The record is against him. A.J. Palmer of Augusta Co. is recorded as voting for the ordinance of The claim is disallowed."
The claim was transmitted to the Court by the Committee on War Claims, March 28th, 1892.
BRIEF ON LOYALTY
While the claim was pending before the Commissioners the following testimony was taken in March '73 [the next 6 pages are a summary of testimony contained in original claim]
The following testimony was taken since the reference to the Court, in Oct. 1895.
JOS. B. TRIMBLE testifies: farmer; age 75; not interested or related. (P. 1). Known claimant since long before the war. Saw him quite frequently during the war, lived about five miles distant. He was the miller at Valley Mill. Talked with him several times just before the war, expressed himself as a Union man all the time. Had a loyal reputation. When the war commenced it was not injurious to a man in his business to carry himself openly on the Union side, but after the war went on a little, a man in that position was looked on as sort of a traitor. Not many votes cast for secession then. Don't know how he voted, but he was a Union man. (P. 2).
Never heard that he refused to grind grain for the Confederates. He went through the lines, but don't know how long he was away. Suppose he went because he didn't want to fight against the U.S. Govt. Don't know of his conscription, but know he didn't serve. Don't know of his helping the Confederacy. Nor about threats. He would have had difficulty proving his loyalty to the Confederacy. Everybody knows he was just the other way. (P. 3). He continued a Union man all the while.
CROSS-EXAMINATION
I was a Union man. After the war began, couldn't go against Via. Don't know how long claimant was in the Confederate army. Giving as a reason why he went north, witness states, I reckon he didn't want to fight at all. Suppose he could have voted against secession if he wanted to. Don't think he would have been troubled. (P. 4). Said he was running a mill for Mr. Swop and told Mr. Swop, if he would buy the grain he would grind it for the Confederates, who would come and get it, from the mill which he was running for Mr. Swop in Third shares, but that he knew the mimll would have been burned if took in grain from the Confederates, so he made Mr. Swop get the grain, and bring it to the mill as his own. That after he left the mill was burned. When he left the swop meill, he went to work for his uncle. That he ground the Confederate Govt. grain, that his uncle had in his mill when he arrived, but kept his uncle from letting the Confederates deposit his grain at the mill, and so saved his uncles mill. Mr. Swop was regularly engaged in securing and grinding wheat for the Confederates. (P. 5).
J.E. MAYSE testifies: Age 67 not related or interested. (P. 6). Known claimant all my life, neighbors during the war. Expressed himself as a Union man opposed to the war. Loyal reputation. Thinks to some extent rendered a man unpopular and injured his business to be known as a Union man in that community Nearly every body voted for secession. I was opposed to secssion. Claimant not in the Confederate army. (P. 7). He went through the lines. Didn't return until after surrender. Suppose he went away to avoid fighting against the Union. He was a strong Union man. Never knew of his doing anything to aid the Confederacy. Would have had great difficulty in proving his loyalty to the Confederacy, as he was known to be just the opposite, and a Union man.
CROSS-EXAMINATION WAIVED. (P. 8).
E.J. WAYLAND testifies: Farmer; age 47; not interested or related. (P. 9). Known claimant all my life. Lived in same neighborhood, often saw him. Had conversations. Always expressed himself as a Union man. Known as a Union man among both Confederates and Union men. It is a fact that a good many Union men voted for secssion because of outside pressure. Very unpopular not to do so. Know one man in neighborhood was threatened. with tar and feathers for voting against secession. A man was austercised to a great extent, who openly declared himself for the Union. (P. 10). Claimant not in service. They attempted to press him in. He left at once, went through the lines. Did not return till war closed. Always thought he left because he wanted to avoid bearing arms against the U.S. Govt. As a miller he refused to grind grain for the Confederacy. Did nothing to aid the Confederate side. Think it would have been very difficult for the claimant to establish his loyalty to the Confederacy. (P. 11).
CROSS-EXAMINATION
He told me he refused to grind for the Confederates. The mill was right in the neighborhood. More Confederates got grinding there than other people. That is individuals, but he refused to grind for the Confederate Govt. My whole testimony is not derived from what claimant told me lately. He told me in time of the war that he had refused to grind for the Confederacy. He did grid for Confederates. (P. 12). Was at the mill two or three times a week, often heard him say that he wouldn't grind Govt. grain, because he didn't believe in the cause, and was afraid the mill would be burned if he did. I wasn't in the army, but wanted to see the Confederacy succeed. He had a brother in the mill with him. Don't know about his brother going into the army. (P. 13). He could have remained in that neighborhood and not acted as a Confederate sympathizer. The only man that voted against secession lived there till he died, after the war. You (referring to the attorney) asked claimant's attorney to allow you to cross-examine the claimant as his witness and he refused to do so. Claimant was friendly with all his neighbors during the war. Heard claimant just say that old Jim Calhoun didn't like him because he didn't favor secession. but they were always friendly.
SUMMARY
The claimant was living in Augusta Co., Va., at the commencement of the late war. He was 31 years of age in '61. He was a miller. He was not connected with the services of the Confederacy. He was conscripted, but did not furnish a substitute. His sympathies were with the Union all the time. He gave no aid to the rebellion. He did not vote on the ordinance of secession. His witnesses testify to loyal reputation and loyal expressions throughout the war. He left the Confederate states and went into the Federal lines for protection. The testimony to loyalty is very strong throughout the war
Respectfully Submitted, Gilbert Moyers ATTY FOR CLMT [filed December 7, 1895
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS
Andrew J. Palmer vs. The United States, Cong. No. 8870
DEFENDANT'S BRIEF ON LOYALTY
This claim, from Augusta County, Georgia, was rejected by the Commissioners in the following report:
REMARKS
The claimant was a resident of Augusta Co. Va. He says he was a Union man loyal to the Federal Govt. His witnesses state substantially the same thing-they were confederates & knew Palmer's Union sentiments yet he does not appear to have been in any way disturbed on that account- His brothers were in the confederate army & he was conscripted & escaped, going West to avoid military service- Confederates took his property & paid him "in scrip"- He swears that he did not vote on ratifying the ordinance of secession- The record is against him. A.J. Palmer of Augusta Co. is recorded as voting for the ordinance. The claim is disallowed. A.O. Aldis, O. Ferriss, J.B. Howell, Commrs. of Claims
The Treasury Department Report is as follows:
Treasury Department, Office of the Secretary, Washington, D.C. May 17, 1892
The Honorable The Attorney General.
Sir: In answer to your request of the 19th ultimo, in the case of Andrew J. Palmer against the United States, No. 8870 Congressional, I have the honor to state that the name of claimant 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.
Respectfully yours, Charles Foster, Secretary.
There can be no doubt that the claimant voted for secession and that he did it voluntarily and that he deliberately falsified about it when he gave the testimony about it before the commissioner.
When the depositions in this case were taken in October, 1895, the claimant was there present in the room, and when the Attorney for the Government asked claimant's Attorney to permit him to cross-examine claimant, he refused to permit it unless the Attorney would make him a government witness. Of course the government's attorney refused to be caught in such a trap as this. (See testimony of A.J. Waylard, page 14, aslo pages 12 and 13).
With the knowledge, therefore, that the commissioners had rejected his claim because he voted for secession, and with all this opportunity of explaining or testifying about, his refusal amounts to a positive admission of voluntarily doing the most disloyal of all acts, especially as his witnesses say he could have voted against secession with the utmost impunity. (See pages of record above cited. See also page 4 of J.B. Trimble's testimony.)
The War Department report shows vouchers signed by claimant for wheat $266.00. Also subscription to C.S. Loan and an enlistment in the C.S. Army by Andrew J. Palmer in Va.
There can be no doubt about this man's disloyalty. GH Gorman Assistant Attorney. [filed August 6, 1896]
Bibliographic Information : Southern Claims Commission: Claim of Andrew J. Palmer, March 11, 1873, Claim No. 19,860, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8870.
