Summary: Driver's claim for a horse and some corn was disallowed because he voted to ratify Virginia's Ordinance of Secession in 1861. He was a Dunkard Preacher who hid in the mountains for a time during the war to avoid Confederate Service. He appealed this decision to the Court of Claims in 1896.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| A Stallion | $175.00 | 0 | $175.00 |
| 40 bush. Corn | $34.00 | 0 | $34.00 |
| Total | $209.00 | 0 | $209.00 |
Claims Summary:
The claimant was a Preacher and farmer during the War. He had some trouble in keeping out after the Rebel Army. He was paid for suppies by Rebel Officers, which indicated that he had not the reputation of a Union man. He also voted for the Ordinance of Secession. But now makes a lame excuse for doing so. He says he heard before the Election threats against those who voted against the Ordinance, and yet instead of staying away he went to the Election and voted for the Ordinance because a man told him in an imperious tone to do so.
He dont come up to the standard of loyalty adopted by the Commission. His brother in law and two neighbors called as witnesses dont strengthen his claim to loyalty by their general statements, and opinions in which no unequivocal facts are adduced. We reject the Claim.
AO Aldis, JB Howell, O. FerrissComms of Claims
Testimony: Samuel Driver
My name is Samuel Driver, my age 38 years, my residence Swoope's Depot, in the State of Augusta Co. Virginia, and my occupation a farmer & minister. I am the claimant, and have a beneficial interest in the claim.
Ques 2. Ans. My residence has been the same as now for sixteen years. I have 175 acres of land about 140 acres cleared, and the balance in timber. I did not change my residence during that time I was a farmer.
Ques. 3 Ans. I never did pass from the U. States lines to the rebel lines.
Ques. 4 Ans. I never took an oath of any description to the Confederate States.
Ques. 5 Ans. I took an amnesty oath, after the close of the War, at Staunton in 1865. I never asked for any pardon
Ques. 6 Ans. I never held any office or place in the civil service of the Confederate States.
Ques. 7 Ans. I never held any office or place of trust honor or profit under the Confederate Government, or any State or Territory subordinate thereto.
Ques 8 Ans. I never held a clerkship, or agency or employment, except where I was conscripted. I was assigned to duty in the Quarter Master's department, but I refused to accept, then I was detailed as a farmer, until I sued out a Writ of habeus corpus, in which I was discharged For about one month, after suing out the Writ, before the Court convened, I kept myself hid from the Confederate authorities, during which time an order was issued to take all my horses, and my wife succeeded with a friend who held the order to get three of my horses away. She took the horses herself, assisted by a colered boy, 17 miles leaving home at 11 oclock in the night. On the day following, an order was issued by order of Genl. Rosser, to take one bay mare, which had been left by my wife, which was taken. See order filed-Marke A
Ques. 9 Ans. I was arrested by a military guard at Staunton, Va. and forced me to take charge of, a Musket, which I carried about 1 1/2 miles, and then the gun was taken from me by Capt. Opil, and two days afterward I was released, just before the battle at Piedmont began.
Ques. 10 Ans. I never was an Officer or soldier in the Confederate Army.
Ques. 11 Ans. I never belonged to any Malitia state or otherwise.
Ques. 12 Ans. I never belonged to any home guard, or vigilance committee.
Ques. 13 Ans. The Confederate Congress, enacated a law conscripting all who had previously been exempt from Military service, the conscripts to be assigned to duty, or detailed as farmers Etc. under that law I was conscripted.
Ques. 14 Ans. I furnished no substitute.
Ques. 15 Ans. I never was directly or indirectly connected or employed, in any branch or department of the so called Confederate States.
Ques. 16 Ans. I never was employed on any Rail rod, or in the transportation of soldiers or munitions of war of any description whatever.
Ques. 17 Ans. I never had charge of any stores or supplies, or teams, trains, Wagons or boats, for any purpose at all.
Ques. 18 Ans. During the time of my detail and before the Court convened, they got from my farm, the flour of 200 bushels of Wheat, and 7 tons of hay. I never give any information to any one, or for any purpose.
Ques. 19 Ans. None whatever and nothing of any kind.
Ques 20 Ans. No I never was so engaged
Ques 21 Ans. I never was engaged as a blockade runner, or illicit traffic, betwen the lines, neither had any share or interest in any goods brought into or exported from the Confederate States.
Ques. 22 Ans. I did not leave the Confederate lines, at all.
Ques. 23 Ans. I nad no interest or share in any boat or vessel for any purpose or upon any waters.
Ques. 24 Ans. I never was arrested except as detailed in my answer to question No. 9. I took no oath of any kind. I never was arrested by the United States authorities.
Ques. 25 Ans. My horse was taken as I have named under question No 8. Also the Flour & hay, answered to question No. 18. I never was paid for the property, except a small amount for the flour & hay.
Ques. 26 Ans. I was threatened, by soldiers, saying that all such men as I was should not be allowed to remain at home, but ought to be imprisoned, and the Enrolling officer Capt. Matthews said if he had his way he would put me where the habeus corpus could not reach me, and did send two armed soldiers into the Court house for my arrest, during the trial of the habeus corpus, and the Judge commanded that they be seated or removed from the Court house.
Ques. 27 Ans. I never was molested or injured, except by taking my supplies.
Ques. 28 Ans. I never made a contribution, except by giving money to Union men in aiding them to escape.
Ques. 29 Ans. I had no oppertunity to do anything, except to aid men to get through the lines.
Ques. 30 Ans. I had no relatives in the Confederate Army that I knew of.
Ques. 31 Ans. I never owned a Confederate bond or had any share in loans. I never did anything for the credit of the Confederacy.
Ques. 32 Ans. I never give aid or comfort to the rebellion, except as mentioned.
Ques. 33 Ans. I never was engaged in making raids into the United States, from Canada, or any where else.
Ques. 34 Ans. I never was engaged in holding in custody any person or persons, for political causes, or anything.
Ques. 35 Ans. I have never been a member of any association for the imprisonment or persecution of any kind to persons, for their loyalty to the United States.
Ques. 36 Ans. I never was a parolled prisoner.
Ques. 37 Ans. I never held an office in the Army or Navy of the U.S. nor educated in any military school.
Ques. 38 Ans. I had no pass.
Ques. 39 Ans. I was not under disabilities, and have held no office since the war.
Ques. 40 Ans. My sympathies were with the Union cause. My feelings were not kind to the rebellion, and I so expressed it to my friends. I used my influence and cast my vote in favor of the Union. I voted for the ordinance of Secession, for the following reasons. A few days before the day of that election, Mr. Washington Swoope, said in my presence that theyhe was going to have a rope in his pocket election day, and the first man who voted against the ordinance they would hang, and his son, breathed cruelty and injury to all persons, who would refuse to go with secession, and on the strength of these threats, I left my house and went to Staunton, & when about leaving Staunton for home, and walking by the polls, I was stopped by a prominent citizen, by name of Wm. J. Shumate, who took me by the Arm, and asked me if I had voted, I replied that I had not, nor did not intend voting, he then showed me the door, and told me to vote for the ordinance or do worse. Under these circumstances I voted for it, against my own will and desire.
Ques. 41 Ans. In conclusion 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 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 and willing when called upon or 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.
Taking of Property.
Ques 1 Ans. I was present when the property was taken.
Ques. 2 Ans. I did not see the horse taken, but did see the Corn taken.
Ques. 3 Ans. The Corn was taken from the garret of my house, by Union Soldiers, and fed to the horses in my house yard & barn yard.
Ques. 4 Ans. The Corn was taken from my garret & Corn Crib. The Corn was taken in March 1865, by Genl. Sheridan's Cavalry. There were I suppose from 200 to 400 soldiers present. They were in command of a Major, whose name I did not hear. They were at my house about three hours.
Ques. 5 Ans. Mrs. Bailey & Mrs. Livick, were present.
Ques. 6 Ans. There were several, one was called by the soldiers Major. They belonged to Genl. Sheridan.
Ques. 7 Ans. Some of the Corn was thrown out of the garret window into the yard and some in bags, and some by soldiers in their hats.
Ques. 8 Ans. The most of the Corn was fed there, and the balance carried of in bags on horse back.
Ques. 9 Ans. The Corn was fed.
Ques. 10 Ans. Horse feed.
Ques. 11 Ans. I made complaint, to an officer of some rank, and he then asked the soldiers how much there was still in the house, and was replied to "five bushels about, he then made them stop.
Ques. 12 Ans. No voucher taken or asked for.
Ques. 13 Ans. It was day time, between 10 A.M. & 2 P.M. & taken openly.
Ques. 14 Ans. There was no Camp nearer than Staunton, that I knew of, and only there about one day. I knew no officer, at all.
Ques. 15 Ans. The Corn was dry and on the Ears, sound and good. I know the quantity by my wagon bed, which I had measured before using it. I never received any pay. Samuel Driver
Testimony: Joseph Click
Testimony to prove Loyalty
Deposition of Joseph Click.
Answer to 1st General question
My name is Joseph Click, my age 52. My residence near Mt. Sidney in Augusta, my occupation a farmer. I am a brother-in-law to claimant but have no beneficial interest in the claim. I have known the claimant all my life. I knew him intimately during the War, and saw him often. I lived about 17 miles from him. I talked to him about the war every time we met. From all I heard him say I believe he was a Union man. I heard him speak of leaving Virginia, because of the rebellion. I know that he regarded me as a Union man. He was regarded by all his Union neighbors as being a Union and loyal man. He aided Union men in making their escape. I know of nothing that he did for the Confederacy. I do not think that he could have shown any loyalty to the Confederate States, if they had gained their independence
Joseph Click
Testimony: George A. Shuey
Deposition of Geo. A. Shuey.
Answer to 1st general question
My name is George A. Shuey, my age 57. My residence near Churchville, Augusta Co. My occupation a farmer. I not related to the Claimant, and have no interest in it. I have known the claimant about 16 years. I lived about 3 miles from him during the War I was intimate with him during the War, and saw him frequently, we conversed together about the war and its cause. He always expressed himself to me as opposed to the war and secession. I heard him say that he would never fight in behalf of the Confederacy. I do not recollect of hearing him speak in presence of others about the War. He had the confidence of all the loyal men in his neighborhood. I was a Union man and the claimant so regarded me. I know that he supported the family of a poor man, who had escaped from the rebel lines. I know of his doing nothing for the Confederates. He could not have proven any loyalty to the Southern Confederacy, had it gained its independence.
Geo. A Shuey
Testimony: William Hoover
Deposition of William Hoover
Answer to 1st general question
My name is William Hoover, my age 39 years. My residence near Buffalo Gap Augusta Co. Occupation a farmer. I am not related to the Claimant, and have no interest in the claim. I have known the claimant 20 years. I was a resident of the State during the war. I knew him intimately before and since the war. The two years of the war, I heard from him frequently, and all occasions I heard that he was a Union, and this information was rec'd by underground railroad. I was in the State of Indiana. I returned to Virginia in 1865 & never heard any doubts expressed about his being a loyal man. I saw nothing of him during the War. I was employed in various ways during the war until I enlisted in the Union Army at Sulphur Springs, Henry County Indiana, in 1862, and served till the close of the war. I was a member of Co. G. Capt. Vanneman 84th Ind. VolsInf. Col. Trussler.
Wm Hoover
Testimony: Mary Bailey
Testimony taking property
Deposition of Mary Bailey.
Answer to 1st general question
My name is Mary Bailey, my age 32 years. My residence, near Swoopes Depot, Augusta Co. I am not related to the Claimant, and have no interest in the claim. I was present when the articles of property charged in the claimants account were taken.
Ques. 2 Ans. I saw the horse taken and also the Corn.
Ques. 3 Ans. The horse was taken from the Stable, and the Corn from the garret of the house.
Ques. 4 Ans. The horse was taken from the stable and the Corn from the garret. The horse was taken in June 1864. The horse was taken by soldiers belong to Genl. Hunter's Army. I suppose there were about 20 or 30 soldiers present in the yard. I suppose they were there appr two or three hours.
Ques. 5 Ans. Mrs. Livick, was present, and claimants family.
Ques. 6 Ans. I do not know whether there was an officer present or not.
Ques. 7 Ans. 4 or 5 soldiers, come with the horse through the yard from the stable. I heard nothing said about the horse. The Corn was taken by throwing some from the garret window and some carried down in bags, and most of it fed in the yard, and a small quantity taken away in bags.
Ques. 8 & 9 Ans. The horse was rode off by a soldier, and the corn left from feeding carried off in bags.
Ques. 10 & 11 Ans. I do not know what they used the horse for, they were Cavalry who took the Corn. I heard nothing said by any one.
Ques 12 Ans. There was no writing given that I know of.
Ques. 13 Ans. The property was taken about from 12 to 3 oclock P.M. They were not secret at all.
Ques. 14 Ans. There was no encampment nearer than Staunton. I dont recollect about any battle or skirmish before either the taking of the Corn, but the Piedmont battle I think was fought just before the horse was taken.
Ques. 15. Ans. The horse was in good condition I think he was about 4 years old. I think he was a good riding horse, being a lady I do not know the value of the horse. I think the corn was worth at $1.25 cts a bushel.
Mary Bailey
Testimony: Susan M. Livick
Testimony of Susan M. Livick
Answer to 1st general question
My name is Susan M. Livick my age 29. My residence Near Swoopes Depot, Augusta Co. I am not related to the Claimant. I was present when the property was taken.
Ques 2 Ans. I saw the horse and Corn both taken.
Ques 3 Ans. I saw some soldiers leading the out of the barn yard, and the Corn was mostly fed in the yard when it was taken.
Ques. 4 Ans. The horse was taken from the stable and the Corn from the house. The horse was taken June 1864, by soldiers belonging to Genl. Hunter's Army, and the Corn by soldiers who belonged to Genl. Sheridan, which was about March 1865. I suppose there 20 or 30 soldiers present when the horse was taken, and from 200 to 400 when the Corn was taken.
Ques. 5 Ans. Mrs. Mary Bailey, was present.
Ques 6 I heard nothing said by any one in relation to the property taken, and do not know of any Officer being present.
Ques. 7 & 8th. Ans The horse was taken from the stable and rode away, and the Corn was taken from the garret and fed in the yard and what was left was carried away by soldiers in bags.
Ques. 9 Ans. I suppose the horse was taken to Genl. Hunter's Camp.
Ques. 10 Ans. I never saw the horse after it was taken away.
Ques. 11 Ans. There was no complaint made that I heard.
Ques. 12 Ans. I saw no receipt given.
Ques. 13 Ans. The property was taken in day time after 12 Oclock M.
Ques. 14 Ans. I know of no Camp, nor do not recollect of any battle.
Ques. 15 Ans. The horse was a very nice one, of good size, he was a young horse, and I understand he was a good riding horse. I suppose he was worth from $150. to $200. I dont know what corn was worth. I suppose there was 40 or 50 bushls. of Corn.
Susan M Livick
Testimony: George H. Hoover
Deposition of George H Hoover
Answer to 1st genl. question
My name is George H. Hoover, my age 50 years. My residence near Swoopes Depot, Augusta Co. My occupation a farmer. I am not related to the Claimant, and no interest in the claim. I was not present when the property was taken.
Ques. 2 Ans. I did not see it taken. I knew the horse, lost by the claimant. He was a dark bay stallion, 4 years old, 16 1/2 hands high, in good condition, well broken to the saddle. I think that he would have brought two hundreds dollars.
George H Hoover
Testimony: Andrew J. Acord
Additional testimony as to loyalty.
Deposition of Andrew J. Acord.
Ans to 1st General question
My name is Andrew J. Acord, my age 54 years. My residence Staunton Va. My occupation a Carpenter. I am not related to the claimant, nor have no beneficial interest in the claim. I have known the claimant for 16 years, and 14 years of that time lived about one mile from him. I was very intimate with him during the war, seeing him at times every day, and then not for a week or more, up to the I went through the lines in 1864 We talked a great deal about the War, in fact that was generally the subject of conversation. I have heard him express delight when news would reach us of the defeat of the Confederate at different battles. All his words and deeds, satisfied me that he was a true loyal man, to the Union and its cause, and I never heard any doubts expressed of his sincerity as a Union man. I think he was so regarded by all the Union men of the neighborhood. I do not recollect of hearing him express his views in presence of others, until we met in the mountains Then his expressions, were full and free in opposition to the rebellion and in favor of the Union cause. I never knew him to make any contributions for the use of the United States or its Army, he did feed and shelter Union men who were trying to escape fromm rebel esrvice. I know of no information he ever give to officers of the Union Army.
I never heard of him having any Confederate bonds or of making loans or of doing anything to support the credit or aid or comfort of the Confederate States. He told me after voting for the ordinance of Secession, that he was forced to do so, being a man of property he was afraid of damage. I do not think he could proven loyalty to the South by his neighbors if the Confederacy had been sucessful.
Ans. to question of Spe Commr.
I did not vote for the ordinance of secession, but was never molested because of my refusal to do so. Nor I never heard of any being molested in that neighborhood for refusing to do so.
A.J. Acord
Testimony: Claimant's Brief on Loyalty
IN THE COURT OF CLAIMS. DECEMBER TERM 1896-97.
Sam'l River, vs. The United States No. 8555 Cong.
STATEMENT.
The claimant in this case resided in Augusta Co., Va., during the late war.
The Commissioners of Claims rejected his claim, and in their report to Congress state:--
The claimant was a preacher and farmer during the war. He had some trouble in keeping out of the rebel army. He was paid for supplies by Rebel officers which indicated that he had not the reputation of a Union man. He also voted for the ordinance of secession. But now makes a lame excuse for doing so. He says he heard before the election threats against those who voted against the ordinance and yet instead of staying away he went to the election and voted for the ordinance because a man told him in an imperious tone to do so.
He don't come up to the standard of loyalty adopted by the Commission. His brother-in-law and two neighbors called as witnesses don't strengthen his claim to loyalty by their general statements, and opinions in which no unequivocal facts are adduced. We reject the claim."
The claim was transmitted to the Court by the Committee on War Claims.
BRIEF ON LOYALTY.
The following testimony was taken while the case was pending before the Southern Claims Commission, in Feb. 1873.
SAM'L. DRIVER testifies;age 38; residence Swoop's Depot, Va., Farmer and Minister. Am the claimant. (P. 1). My residence has been the same as now for 16 years. Did not change my residence during the war, was a farmer. Never passed from the U.S. Lines to the rebel lines. I never took any oath of any description to the Confederate states. I took an amnesty oath after the close of the war at Staunton, in '65. Never asked for any pardon. I never held any office or place of trust or profit under the Confederate Govt, or any state or territory subordinate thereto. I never held a clerkship or agency or employment except when I was conscripted., I was assigned to duty in the Q.M. Dept, but I refused to accept, then I was detailed as a farmer until I sued out a writ of habeaus corpus, which I was discharged for about one month after suing out the writ. Before the Court convened, I kept myself hid from the Confederate authorities during which time an order was issued to take all my horses and my wife suceeded with a friend who held the order to get three of my horses away. She took the horses herself assisted by a colored boy 17 miles leaving home at 11 o'clock in the night. On the day following an order was issued by Gen'l. Rosser to take one bay mare which had been left by my wife, which was taken. See order filed marked "A". I was arrested by a military guard at Staunton, Va., and forced me to take charge of a musket, which I carried about 1-1/2 miles and then the gun was taken from me by Capt. Opie, and two days afterwards I was released just before the battle at Piedmont began. I never was an officer or soldier of the Confederate army. I never belonged to any militia, state or otherwise. (P.3). I never belonged to any Home Guard or vigilance Committee. The Confederate Congress enacted a law conscripting all who had previously been exempt from military service, the conscripts to be assigned to duty or detailed as farmers, etc., under that law I was conscripted. Furnished no substitute. Never directly or indirectly connected or employed in any branch or dept. of the so called Confederate states. Never employed on any R.R. or in the transportation of soldiers or munitions of war of any description whatever. I never had charge of any stores or supplies or teams, trains, wagons, or boats for any purpose at all. During the time of my detail, and before the Court convened, they got from my farm the flour of 200 bus. of wheat and 7 tons of hay. I never give any information to any one or for any purpose. (P. 4).
Questions 19 and 20 answered in the negative favorable to loyalty. Never engaged in blockade running. No share or interest in any goods brought into or exported from the Conf. states. I did not leave the Confederate lines at all. I had no interest or share in any boat or vessel for any purpose or upon any waters. Never arrested except as detailed in my answer to question 9. Took no oath of any kind. Never arrested by the U.S. Authorities. My horse, flour and hay was taken, never paid for the property. I was threatened by soldiers, saying that all such men as I was should not be allowed to remain at home, but ought to be imprisoned and the enrolling officer, Capt. Matthews said if he had his way he would put me where the habeus corpus could not reach me, and did send two armed soldiers into the Court house for my arrest and the judge commanded that they be seated or removed from the Court House. I never was molested or injured, except by taking my supplies. I never made a contribution, except by giving money Union men in aiding them to escape. I had not opportunity to do aything, except to aid men to get through the lines. I had no relatives in the Confederate army that I know of. I never owned a Confederate bond or had any a share in loans. I never did anything for the credit of the Confederacy. I never gave aid or comfort to the rebellion, except as mentioned. I never was engaged in making raids into the United States from Canada or any where else. Never engaged in holding in custody any person or persons for political causes, or for anything. (P. 6). Never been a member of any association, for the imprisonment or persecution of any kind to persons for their loyalty to the United States. Never a parolled prisoner. Never held an office in the army or Navy of the United States nor educated in any military school. Had no pass. I was not under any disabilities and have held no office since the war. My sympathies were with the Union cause. My feelings were not kind to the rebellion and I so expressed it to my friends. I used my influence and cast my vote in favor of the Union I voted for the ordinance of secession for the following reasons: A few days before the day of that election Mr. Washington Swoope said in my presence that he was going to have a rope in his pocket election day and the first man who voted against the ordinance of secession they would hang, and his son, breathed crully and injury to all and on the strength of these threats I left my home and went to Staunton, Va. and when about leaving Staunton for home and walking by the polls I was stopped by a prominent citizen, by name Wm. J. Shumate, who took me by the arm and asked me if I had voted I replied that I had not, nor did not intend he then showed me the door and told me to vote the ordinance or do worse. Under these circumstances I voted for it, against my own will and desire. 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, 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. Was at all times ready and willing when called upon or 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. (P. 8 & 9).
JOS. CLICK testifies age 54; residence Augusta Co., farmer. Brother-in-law to claimant but have no beneficial interest in the claim. (P. 10). I have known the claimant all my life. I knew him intimately during the war. Saw him often. I lived about 17 miles from him I talked to him about the war every time we met. From all I heard him say, I believe he was a Union man. I heard him speak of leaving Va. because of the rebellion. I know that he regarded me as a Union man. He was regarded by all his Union neighbors as being a Union and loyal man. He aided Union men in making their escape. I know of nothing that he did for the Confederacy. I don't think he could have shown any loyalty to the Conf. States if they had gained their independence.
GEO. A. SHUREY testifies: Age 57; residence Augusta Co. farmer. Not related or interested. Have known the claimant about 16 years. I lived about 3 miles from him during the war. (P. l1). I was intimate with him during the war and saw him frequently. We conversed together about the war and its causes. He always expressed himself to me as opposed to the war and secession. I heard him say that he would never fight in behalf of the Confederacy. I don't recollect of hearing him speak in presence of others about the war. He had the confidence of all the loyal men in his neighborhood. I was a Union man and the claimant so regarded me. I know that he supported the family of a poor who had escaped from the rebel lines. I know of his doing nothing far the Confederates. He could not have proven any loyalty to the Southern Confederacy had it gained its independence.
WM. HOOVER testifies: age 39; residence Augusta Co., Va., Farmer. Not related or interested. (P. 12). I have known the claimant 20 years. I was a resident of the state during the war. I knew him intimately before and since the war. The two years of the war I heard from him frequently and all occasions I heard that he was a Union, and this information was received by underground R.R. I was in the state of Ind. I returned to Va. in '65 and never heard any doubts expressde about his being a loyal man. I saw nothing of him during the war. I was employed in various ways during the war until I enlisted in the Union Army at Sulphur Springs, Henry Co., Ind., in '62 and served till the close of the war. I was a member of Co. G. Capt. Vanneman 84th Ind.Vols.Inft. Col Trussler. (P. 13).
ANDREW J. ACORD testifies: age 54; residence Staunton, Va., Carpenter. Not related or interested. I have known the claimant for 16 years. (P. 18). And 14 years of that time lived about one mile from him. I was very intimate with him during the war, seeing him at times every day, and then not for a week or more, up to the time I went through the lines in '64. We talked a good deal about the war, in fact that was generally the subject of conversation. I have heard him express delight when news would reach us of the defeat of the Confederate at different battles All his words and deeds satisfied me that he was a true loyal mean to the Union and its cause, and I never heard any doubts expressed of his sincerity as a Union man. I think he was so regarded by all the Union men of the neighborhood. I do not recollect of hearing him express his views in presence of others, until we met in the mountains. Then his expressions, were full and free in opposition to the rebellion and in favor of the Union cause. I never knew him to make any contributions for the use of the U.S. or its army. (P. 19). He did feed and shelter Union men who were trying to escape from rebel service. I know of no information he ever gave to officers of the Union army I never heard of him saying any Confederate bonds or or of making loans or of doing anything to support the credit of aid or comfort of the Confederate states. He told me after voting for the ordinance of secession that he was forced to do so, being a man of property he was afraid of damage. I don't think he could have proved loyalty to the South by his neighbors of the Confederacy had been successful. I did not vote for the ordinance of secesssion, but was never molested because of my refusal to do so. Nor I never heard of any being molested in that neighborhood for refusing to do so. (P. 20).
The following testimony has bear taken since the reference of the claim to the Court in Aug. 1895.
ELWIN M. CUSHING testifies: general auctioneer; age 65; residence Staunton Va. Not interested or related. My acquaintance with the claimant began about 1858. I knew him very well from the time I first became acquainted with him. I met him frequently on the farm and in town here. I don't know that I ever had any special conversation with him about the cause of the war, but I knew that Sam Driver was a Union man,and belonged to the Dunkard church all of the members of which were Union people. I was a confederate. I think I knew the public reputation of the claimant, and he was regarded by everybody as a Union man. I never heard his loyalty doubted. I don't know of anything claimant did to aid the Union army during the war. Did not aid the Confederate cause to my knowledge. (P. 2). I don't know how claimant voted. His views never changed so far as I know. My impression is that the claimant was a preacher all the time of the Dunkard denomination. That church as a body was all the time opposed to the war and secession. It was currently reported, and I believe that the Legislature of Va. because of the known opposition of this denomination to bearing arms passed a resolution by which the members of it would be exempt from military duty on the payment of a certain sum. Claimant did not make any secret of his Union sentiments so far as I know. Claimant would have had great difficulty in proving his loyalty to the Confederate Government had it succeeded. I don't know if he was ever threatened for his Union sentiments. (P. 3). He was offered the Circuit clerkship for the county by the military government. He never accepted that office. I don't know where the convention was held, but he was spoken of for Sheriff.
CROSS-EXAMINATION WAIVED. (P. 4).
JOHN N. OPIE testifies: Lawyer; age 51; residence Staunton, Va., Not related or interested. (P. 5). I have known the claimant for, at least 35 years. I did not see him prior to or during the war. I was a Confederate soldier, a private. When Hunter marched up the valley I was at home wounded and I organized a Cav. company principally composed of old men and boys; and Capt. Peck at the same time organized a similar company, both of which were under my command. At that time an order was issued by, I think, the Secretary of war requiring every one who were capable of bearing arms to enlist in once organization. The Rev. Sam'l. Driver came to my company. I don't know whether he was sent or came of his own accord, but he was sent or came in pursuance of this general order. He reported to me, and told me that it was contrary to his creed to carry arms, or to make war, and begged me to relieve him from his arms. I knowing he would render no service in that way, turned his gun over to a more willing party, and did not require him to go into battle. He was a member of the Dunkard church and it was against the creed of that church to engage in war, and the members of it were exempt from military service. I always regarded him as a Union man.
WM. A. BURNETT testifies: Clerk of Augusta Co. Ct. Va., age 59; residence Staunton, Va. not interested or related. (P. 7). I have known the claimant, during and since the war. I didn't hear claimant's reputation discussed one way or the Other during the war, as I recollect. The church or denomination to which he belonged was generally opposed to it. He belonged to and was a minister of the German Baptist or Dunkard Church as it was commonly called. After the war I heard his reputation for loyalty discussed, that the claimant, Mr.Driver, has been opposed to the war. As a matter of fact,I know nothing one way or the other of my own knowledge. My best impression is that one of the county officers, probably that of the Circuit Court of this county, was offered to Mr. Driver by the so called Carpet Bag Govt. of Va. but he declined and did not accept it. I don't think positions of this character were offered, at that time to any but men of well known Union sentiments, though men of that kind were hard and difficult to find at that time.
CROSS-EXAMINATION WAIVED. (P. 8).
RECALLED FOR CROSS-EXAMINATION.
My information is that his church affiliations prevented him from engaging in the war on either side. In other words is opposed to war out and out whether it occured in China or Guinea. (P. 9).
The following testimony was taken March 30, 1897.
SAM'L. DRIVER testfies: Minister of the gospel; age 62; residence Barren Ridge, Va. (P. 1). I am the claimant. I am a minister of the German Baptist Church, and that Church as a church and its members as individuals were utterly opposed to the war, and they make it a condition of admission into the church that the males shall not take up arms, and that the females shall not use their influence in behalf of the war. I was a native of Augusta Co. at the time the vote was taken on secession. The day of the election I resided 7 miles west of Staunton. I passed immediately by my voting precinct one mile and a half from my home and on arriving at Staunton, as I was passing along the street three men accosted me one whose name I recolled, Wm. Shumate, and asked the question had I voted. I told him I had not, and didn't intend to. He remarked "united we stand, divided we fall", if you do not vote for secession, it will show we are divided, and a war will be imminent. If we stand united we will avert the war. I told him I could not vote for secession. He took me by the arm, and rushed me to the door about out three yards from where the commissioners were seated, and told them to record my vote for secession, using profame language that I don't wish to repeat, first apprehending me, second intimidating me, and ostracised me from my principles that I entertained. (P. 2). I did not want a war. I loved the Union and the principles of my church too.
CROSS-EXAMINATION.
Mr. Shumate used the argument that unless we down South showed the north a solid front the north would not try to force us back into the Union, at the polls, and I didn't vote at all until after we used this argument. I would have preferred the Union to war. The men like Mr. Shumate knew my sentiments and had been electioneering of course before the vote was taken, and if he had known my sentiments, he otherwise would not have stopped me. My church had the pre-requisite qualification of the principle of not bearing arms, and that females were required to use their influence against bearing arms, or war in any cause, as a condition precedent to being admitted to join the church. In the first place I objected to that character of questions because it casts a reflection on other denominations. However, the quotation of the doctrine and theology of the question is right, but I don't want to caste an epithet on other denominations. (P. 3). But we are not in Confederate times now, and every man can worship God according to his own conscience, thank God for that. I will add to this that the Confederate Govt. passed a law exempting Dunkard from service on paying a fine of $500, and in every case except two the Dunkard paid their fine. The fine was imposed and paid. My doctrine was that it was better to have any sort of Govt. almost rather than bear arms contrary to the Saviour's injunction. You have got that also stated in the evidence of Capt. Opie when he testified about a year ago in this case. I wanted the Union of the states. I was just going to say that under no circumstances would we submit to the taking up of arms. We would have rather suffered persecution as many of our members did, and were imprisoned at the capital of our state for the principles they maintained on the subject of non-combatantism.
RE-DIRECT. (P 4).
I was appointed by the provisional Governor, Mr. Pierepoint, Clerk of the Circuit Court of Augusta Co., being recommended by the most substantial Union men in the county as their choice. Brother Sam'l. Cline was appointed to the position of County Clerk by the same parties that recommended me. None but Union men were appointed.
RE-CROSS.
It is right that I said I would rather have had the breaking up of ten Unions than to depart from the doctrine of the church against taking up of arms. (P. 5).
WM. CROSBY testifies: professional nurse; age 76; residence Staunton, Va. Not related or interested. (P. 6). I resided in this county at the time the election was held on secession. I voted in Staunton when I did vote. I was in Staunton on the day of the election. I was a Union man. There was heavy pressure brought to bear on Union men to compel them to vote for secession. I was going down the street that day past the voting precinct, just as I got where they were voting, Mr.Shumate stopped me, and said have you voted yet. I said no. Well says he you have got to vote. Then he took me by the army and stopped me as I started on. Said he you have got to vote, and I said no, I have nothing to do with it; I won't vote and he said to the Clerk who was writing put him down. I never intended to vote for secession. It was recorded against my will and protest. I knew the Claimant sometime before the war. That was his general positive character, a strong Union nan, according to my understanding of. (P. 7). Witness is asked if it was dangerous for a man to vote against secession on that day at that place, and says: I don't know how to answer that. There was strong pressure; I don't know that anybody would have lost his life, but he would have been browbeaten. Before I would have consented to vote for secession, I would have run any risk that might follow.
CROSS-EXAMINATION.
I don't know of any body that was hurt for not voting for secession, but they were persecuted and browbeated. They would say the meanest things they could, and impress their hay and that sort of thing. I don't know if Mr. Rippetoe voted against secession. (P. 8).
SUMMARY.
Sam'l. Driver., the claimant, was 26 years of age in 1861. He was a farmer and minister during the war, residing in Augusta Co., Va. He never took any oath to the Confederate states. He was conscripted and assigned to duty in the Q.M. Dept. Refused to do this duty Was then detained as a farmer, until he sued out a writ of habeas corpus, for which he was discharged. Kept himself hid from the Confederate authorities during which time they issued an order to take all his horses. He was arrested by a military guard at Staunton, Va. (P. 2). He never belonged to any Home Guard or vigilance committee. Had a horse, flour and hay taken by the Confederates. Was threatened by Confederate soldiers. Gave money to Union men in aiding them to escape. Sympathize with the Union cause throughout. He voted for the ordinance of secession on account of threats. His sentiments did not change during the war. (P. 4 & 5).
His witnesses testify that his expressions were those of a Union man during the entire war. Such was his reputation. He aided Union men in making their escape. They testify also that he was delighted and so expressed himself when he heard of the defeat of the Confederates in battle. That he was ordered into the Confederate service. On the re-construction of loyal Government in Va. he was appointed Clerk of the Circuit Court of Augusta Co..
This evidence certainly justifies a favorable finding on loyalty.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Motion to Place Case on Trial Calendar
COURT OF CLAIMS. DECEMBER TERM 1897-1898.
Sam'l. Driver vs. The United States No. 8555 Cong.
CLAIMANT'S MOTION TO PLACE CASE ON TRIAL CALENDAR FOR DECEMBER.
Gilbert Moyers, attorney for claimant, moves this Honorable Court to place the above entitled cause on the trial calendar for December on the question of loyalty.
This claim was referred to the Court in Feb. l892. The case was proceeded with regularly according to the rules and practice obtaining in the Court of Claims. Testimony taken at considerable expense and the brief on loyalty finally filed on May 7th, 1897. Since which time the record of the case shows no action taken by defendant's attorney in the way of preparing the case for trial. The delay is certainly unreasonable and cannot be excused. Repeated efforts have been made by claimant's attorney to have the case prepared by the defense without any satisfactory results. Having exhausted efforts in that direction an order of the Court is now invoked under paragraph 5, of December Calendar.
It is a trifling case only involving $209, and should have been tried and dispose of over a year since.
Protracted delays in the preparation of this class of cases on the part of the defense renders the Bowman act a mockery of justice. The Court should certainly enforce its rule and allow motions such as this, being most reasonable and proper and, in fact the only remedy that claimants have to secure action and enforce their rights.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS. December Term, 1898.
SAMUEL DRIVER vs. THE UNITED STATES. No. 8,555 Cong.
BRIEF FOR DEFENDANT ON LOYALTY.
This claim is a small one, the amount involved being in the neighborhood of $209.00. It was rejected by the Southern Claims Commission, because of the disloyalty of the claimant. The testimony for claimant seems to have been abstracted in proper form by claimant's counsel. The declarations of claimant himself, in an early deposition used before the Commission, and one taken at comparatively recent date, under the rules, in favor of his own loyalty, are very strong, and in fact vehement to a high degree. Claimant voted for the ordinance of secession, and admits such to be the fact, probably after it was ascertained by the agencies of the Commission. In explanation and defence of his conduct in that respect, the claimant insists that in fact he did not vote, but was voted by a citizen of the place where he resided, who took him by the arm, walked him up to the polls and instructed the clerk to record his vote in favor of secession; which was done. The citizen who thus imposed upon him, did so in a very imperious manner, and thus the claimant, who was 26 years of age and apparently able-bodied and in good health, and a man of some influence and standing in the County where he lived in Virginia, allowed himself to be coerced into voting against his principles, as he now claims; being so recorded. It is a singular circumstance, as it now appears in connection with some of these claims under the Bowman Act, that it only required two or three men in each city or county to coerce the entire body of citizens in it into voting for the ordinance of secession. And it also seems singular that all the vigor and energy that was displayed at the time, all the moral courage, the entire fortiter in re was possessed by those two or three ardent secessionists in each community of the South. The rest were all passive, all intimidated, all glowing within with love for the Union, but all terrorized without by the stalwart stalking ghost of secession. Claimant was one of the latter class.
We have nine vouchers for goods sold to the Confederate army in the Confederate archives, which will be presented at the time of the trial of the cause. In addition to claimant's admission that he voted for the ordinance of secession, it also appears, from the report of the Treasury Department, that he was on a list of persons to whom certificates were issued for the Bank of Rockingham, near where he lived, which bank was the Confederate States depssitory. Some of these little circumstances are not particularly explained in the testimony. Several parties have testified that he was a truly loyal man. One of them has rather overdone the thing by testifying that he refused to accept office as clerk of the circuit court for Augusta County, Virginia, under the Carpet Bag Government, and the remark is made that the Carpet Bag Government was extremely cautious about appointing men to office, unless they were well-known Union men. It would appear, however, that the claimant did not care to be identified with the Union sentiments of the Carpet Bag Government.
This is one of the cases, so very common, where, all of a man's words, or the expressions of witnesses relative to his sentiments have a tendency to show loyalty, while all of his acts seem to tend in one direction, and that direction is very active disloyalty.
If the Court goes upon the principle that words speak louder than actions, they may find the claimant loyal. But if they fallow the opposite, and well established rule, he certainly will be found disloyal.
The defendant had expected to obtain testimony in the case, but it has been deemed to be of such small importance in amount, that no investigating agent of the Government could be sent for that puprose, and the case is respectfully submitted to the Court upon the documentary evidence above cited.
M. O. Provost Assistant Attorney.
Testimony: Claimant's Reply Brief on Loyalty
IN THE COURT OF CLAIMS. December Term 1899-1900.
SAMUEL DRIVER, VS. THE UNITED STATES. No. 8555 Congressional.
CLAIMANT'S REPLY BRIEF ON LOYALTY.
So far as the reasons defendants' counsel advances why this claimant should not be found loyal during the war are concerned, they are involved in the following facts which are a matter of proof. So far as the aid to the Federal cause is concerned, defendants' counsel is very much in fault. Does he not recognize the fact that a Union man, living in an insurrectionary territory during the war, assisting men of his locality in escaping through the Confederate lines for the purpose of uniting themselves to the Federal cause, was giving active assistance to the Union cause? What more could a Union man do than that? Impossibilities are not expected. It is simply this: Did this man, as a man faithful to the Union cause during the period of the rebellion, do what he could, consistent with home, happiness, and protection, for the Federal Army and the Union cause? Now, I submit in all candor that he did this in good faith, and there is no reason in the wide world, in the light of this testimony, to find this man disloyal. I must insist on a finding of loyalty in this case.
Respectfully submitted, Gilbert Moyers Atty for Cla.
Testimony: Claimant's Supplemental Brief on Loyalty
IN THE COURT OF CLAIMS DECEMBER TERM 1899-1900.
SAMUEL DRIVER VS. THE UNITED STATES NO. 8555 CONGRESSIONAL
CLAIMANT'S SUPPLEMENTAL BRIEF ON LOYALTY
The following testimony was taken in May, 1900.
CAPT. P.B. WILSON TESTIFIES:- Real estate broker. Age sixty years. Resides at Staunton, Virginia. Not related to the claimant or interested in the claim. (Page 1) Knew Mr. Driver very well; raised about two miles from him. I served in the Confederate Army four years. Mr. Driver was a consistent Union man. We had a talk as I was leaving home for the army in April, 1861, and he expressed great regret that I should rebel against the Government. I remember this as well as if it was yesterday. I know he was a strong Union man; he never relented during the war. He was outspoken. Everyone in the neighborhood knew his position. Do not know of any voluntary acts of his in support of the Confederacy. Saw him several times during the war. Knew his position. I am a Presbyterian.
CROSS-EXAMINATION
I served under Stonewall Jackson. My opinion concerning the status of Mr. Driver was formed at the out break and during the war from direct conversation with him. The conversations occured in April, 1861, and occasionally during the war. Do not know of his being intimidated to vote for secession. He might have furnished aid and comfort to the Confederacy during my absence but I never heard him accused of it. (Page 3) MY opinion concerning his loyalty is not based on casual conversations. I remember distinctly the tinge they were conscripting. I was ordered to visit his house and bring him to Staunton; I did so but did not find him at home. (Page 4)
JOHN MARTIN TESTIFIES:- Carpenter. Age seventy-seven years. Not related to the claimant or interested in his claim. Lived about four hundred yards from Mr. Driver during the war. He was a Union man. Have heard him speak of his Union principles. I never knew of him doing anything in favor of the Rebellion willingly. All he did he was made to do. Cannot remember what I heard him say. Cannot remember the conversations that passed between us. When the Confederate Army whipped Banks down the valley, the Confederates called upon Mr. Driver for his team. He refused to give it and they then said they would impress his team. They then made a proposition that he and Mr. Brown join teams. I drove the team. (Page 5) I got a horse from him one Saturday and rode to hunt a pilot to pilot me through the line; the line between the Confederacy and the United States. I passed through the line with a pilot. Do not know that it was generally known in the community that he assisted men through the Union lines. I know that claimant had a horse taken but do not know whether the Federals or Confederates took it. (Page 6)
CROSS-EXAMINATION
It is true that the Rev. Mr. Driver was a German Baptist Minister whose decided religious convictions were against war, any kind whether for the Union or the Confederacy. His general reputation at the time was that he was equally reluctant to join the Union army. Do not know of his furnishing any supplies for the Confederacy. My memory it was in times passed. (Page 7)
JOSEPH B. TRIMBLE, TESTIFIES:- Age seventy-nine years. No interest or relation. Was acquainted with Mr. Driver during the war. He was a union man.
CROSS-EXAMINATION
Heard him say so several times during the war. Do not think he cared to fight for either army. I do not think a man would be regarded as loyal who voted for secession and who furnished supplies to both sides. (Page 8)
S.L. WAMPLER TESTIFIES:- I was acquainted with claimant during the war. The talk around the neighborhood was that he was a Union man. In 1862 I was home on furlough. Stayed with Mr. Driver that night. While I was there that night a whole lot of soldiers straggled out there Mr. Driver told them he was a Union man and did not intend to be imposed upon. Captain Price was on his way home on furlough and he stopped at Mr. Driver's that night. There were several others, schoolmates of Mr. Driver. (Page 10) Captian Price told the men to go back to their camp and not to interrupt Mr. Driver. One gentleman there said he was surprised that Mr. Driver expressed himself as he did before these rebel soldiers. The next morning when I came over we had broken some harness. We went in there to get it fixed and this conversation took place.
Some gentleman said they were surprised that the rebel soldiers had not stripped Mr. Driver of everything.
CROSS-EXAMINATION
I was in the Confederate service about three and a half years. (Page 11) Mr. Driver could have rendered the Confederacy assistence when I was absent and I not have known of it.
RE-DIRECT EXAMINATION
I knew another Samuel Driver in Rockenham County; he was a rebel. I lived near New Market. The way I came to know was when I was going to leave this country and go to the yankees I met this Driver on the road. He suspected I was running off and wanted to arrest me. This was in 1864. I learned afterwards that he was doing business for the Confederate Government. Witnesse's attention is called to receipts under the Confederate archives and he states that these receipts were given in the vicinity of this Driver and not in the vicinity of the other. (Page 12)
-Cross-Examination-
I was in New Market when the Federal forces came up the valley in 1862 and this man Driver had charge of some of the supplies of the Confederacy. The rebels were falling back. Saw him several times since. He died about two years ago. (Page 13)
MRS. SUSAN N. LIVVOCK, TESTIFIES:- Age fifty-seven years. No interest or relation. I lived with Samuel Driver during the war. He was a Union man. The Union Army took a horse from Mr. Driver. (page 14)
CROSS-EXAMINATION
Mr. Driver was at home when this property was taken. He did not protest at the time that he was a Union man, that I know of. I was present when the property was taken. I do not think that Mr. Driver's political opinions were largely controlled by his desire to escape military service. (Page 15)
SAMUEL DRIVER, the claimant, TESTIFIES:- Age sixty-seven years. Questions. As to nine receipts signed by Samuel Driver, one for the use of a four horse team from December 10th to December 21st. Another 121 1/2 bushels of corn. Another at Timberville, Virginia, for fifteen bushels of corn and another for 1,000 pounds of hay. (Page 16) Others for corn and hay in different quantities. He states that the items in bill number one, seven and eight, are my items; that is for a four horse team, four bushels of corn and 15357 pounds of hay. The rest of the times, so far as I know, were given by individuals of the same name. The parties referred to are dead. One lived near Timberville, Rockingham County, and died about two years ago, the other lived at Mt. Clinton, Rockingham County, and died about eight years ago. Does not know anything about the other seven items mentioned in the bill. My team was impressed by a band of soldiers and used to haul supplies for the Confederate Government. The mare in item seven was impressed without my permission; also the hay. (Page 17)
Q. You are reported as having voted for secession. What have you to say about this?
A. My testimony is in my former deposition. I passed my voting precinct, Herbron Church, under threats that if I did not vote for the ordinance of secession that I would be made to suffer for it. When I came to Staunton I was incepted by Mr. Snow and asked the question if I had voted. I told him that I had not and did not intend to. This occurred infront of the door of the voting precinct, in the City of Staunton. I was pushed inside of that door and Mr. Snow directed the clerk to record my vote, against my protest, for secession.
CROSS-EXAMINATION
I cannot say that the vote in Staunton was unanimous for secession. I never heard of any person suffering personal injury on account of their having voted or refused to vote for secession in this county but they were ostracized and evaded and were said to belong to the black Republican party. A gentleman, who was a friend of mine, when I met him on the road In West View, when I saluted bidding him the time of day he struck me off my horse and remarked, "I do not want you to provoke me by speaking when we meet," calling me a black republican. (Page 18) I believed we had the best government in the world. I Lived and adhered to the Government notwithstanding the fact that my religion did not allow me to take up arms and fight for or against the Government. The receipt given for the mare taken could not have been given to me because the face of the receipt says I was not at home at the time and therefore I could not have either given permission or objected to the same being impressed for the use of the Government. (Page 18)
-SUMMARY-
This testimony is substantly as follows:- Captain Wilson says that when he was leaving for the army in 1861 the claimant expressed great regret that he should rebel against the Government. Witness states further that he knows claimant was a strong Union man and was outspoken in his sentiments; that every one in his neighborhood knew his position. (Page 1)
Mr. Martin testifies that he lived about four hundred yards from Mr. Driver during the war and often heard him speak of his Union principles; that on one occassion he refused to let the Cofederates have his team and they said they would impress it. Mr. Driver gave witness a horse to aid him in getting through to the Union lines. (P 2)
Mr. Wampler testifies as to the reputation of claimant, being that of a Union man in the neighborhood in which he lived. (Page 3) This witness also testifies that there was another Samuel Driver who lived in Rockingham County during the war and was a rebel.
Mrs. Livvock testfies that claimant was a Union man during the war. She lived with him. The claimant explains the Confederate vouchers and states that his team was impressed by a band of soldiers to haul supplies for the Confederate Government; his hay and mare were also impressed. He explains how he came to vote for secession and states that such a vote was contrary to his sentiments and was the result of imposition and fraud. (Pages 5-6)
This testimony would seem to remove any doubts that could possibly be entertained in regard to the loyalty of Mr. Driver during the war. All the objections have been fully met and it is plainly evident from the proof that Mr. Driver was a consistent Union man through out the war and the Court should so find.
Respectfully submitted, Gilbert Moyers Attorney for Claimant.
Testimony: Defendant's Supplemental Brief on Loyalty
IN THE COURT OF CLAIMS.
Samuel Driver v. The United States No. 8555, Congressional.
Defendants' Supplemental Brief on Loyalty.
The claimant in this case, since the filing of Defendants' Original Brief on Loyalty, feeling the weakness and insufficiency of his proof, has taken a number of additional depositions and filed a Supplemental Brief on Loyalty.
Counsel for claimant has made a fair abstract of his additional testimony filed. The only suggestion of aid to the Union cause or outward manifestation of loyalty is found in the following abstract of the deposition of John Martin, a carpenter and neighbor of claimant, taken May 7, 1900.
Q. 4. Please state whether or not Mr. Driver assisted men to pass through the Federal lines to the Union territory?
A. Yes, he did. I got a horse from him on one Saturday to ride to hunt a pilot to pilot me through the line.
Q. 5. What do you mean by line?
A. The line between the Confederacy and the United States.
Q. 6. Did you pass through the lines?
A. Yes; I did pass through the lines with the pilot.
Q. 7. Please state whether or not Mr. Driver assisted and helped men through the Union lines during the civil war?
A. I don't remember whether he did or not further than what I have stated above.
Q. 8. Was it not generally known in the community in which he lived that he was assisting men through the Union line?
A. I don't remember anything about it.
Despite the efforts of claimant's counsel in questions decidedly leading and improper, the witness can not testify positively that the claimant did an act that showed his loyalty during the war. S.L. Wampler testified to an incident where the claimant announced to some rebel soldiers that he was a Union man, but the story, mythical at best, is not corroborated by other proof of any kind. The Court can hardly find warrant in such testimony to decide the claimant to have been loyal.
Now as to the positive acts of disloyalty. There are several vouchers filed for stores and supplies sold by the claimant to the Confederates. In his testimony before the Commissioners of Claims, he stated that he did not furnish any aid, or any supplies or stores, or property of any kind, to or for the so-called Confederate States, or any State in rebellion, or to the army, navy, militia, home guards, armed forces, or military organizations thereof; or for any officer, soldier, or sailor thereof. He now admits, when confronted by the report from the War Department respecting Confederate vouchers, that certain of the vouchers were signed by him. It is remarkable how the Confederate Archives serve in this and other instances in reviving the recollection of the claimant. But for their existence the Court would have been obliged to have believed his original statement that he never sold any stores or supplies to the enemy. As to his assertion that only part of the vouchers were signed by him, we shall leave to the Court the determination of that matter when the vouchers are presented for examination.
Testimony is offered that the claimant evaded service in the Confederate army, but the witnesses also state that he was equally opposed to service was because of his religion, which made him opposed to war or the taking up of arms in any cause. He is therefore not entitled to any credit for his efforts to evade service in either army. It is not evidence in any sense of loyalty to the Union.
The claimant still adheres to his former testimony that he was forced inside of the building where the voting took place on the Ordinances of Secession, and the man who thus pushed him through the door directed the clerk to record claimant's vote for secession. On cross-examination the claimant testified that he could not say that the vote in Staunton, where he lived, was unanimous for secession. He also testified that he never heard of any person in the county suffering personal injury on account of having voted or refused to vote fore secession, but they were ostracized and evaded or were said to belong to the black Republican party.
The Court is respectfully asked to find the claimant to have been disloyal.
Geo. H. Walker Assistant Attorney.
Bibliographic Information : Southern Claims Commission: Claim of Samuel Driver, February 21, 1873, Claim No. 19563, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8555.
