Summary: Keiser's claim for horses, livestock, food, and forage was disallowed by the Claims Commission in 1872 because they were not satisifed with the proof of his loyalty. Two of Keiser's former slaves testified about the taking of the property by Union soldiers. Keiser appealed to the Congressional Court of Claims in 1898.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 3200 lbs Pork at 8 cts per lb | 256.00 | 0 | 256.00 |
| 3 calves at $5 each | 15.00 | 0 | 15.00 |
| 5 Tons Hay $10 per ton | 50.00 | 0 | 50.00 |
| 600 lbs Bacon at 204 per lb | 120.00 | 0 | 120.00 |
| 2 Bulls at $30 Each | 60.00 | 0 | 60.00 |
| 5 Barrels flour at $8 per bl | 40.00 | 0 | 40.00 |
| 3 Bay Horses at | 525.00 | 0 | 525.00 |
| 300 bushels corn at 75 cents | 225.00 | 0 | 225.00 |
| 25 sheep at $3.00 Each | 75.00 | 0 | 75.00 |
| Total | $1366.00 | 0 | $1366.00 |
Claims Summary:
John K. Keiser of Augusta Co. Va. swears that he resided on his farm in Augusta Co. when the war broke out, that he was conscripted & put a substitute in the Confederate Army. He had passes to go from Richmond & Staunton issued by Confederate authority, & further swears that he "did not vote at all upon the ordinance of secession". The record shows that he voted for the adoption of the ordinance. The claim is rejected.
Testimony: John K. Keiser
My name is Jno. K. Keiser, my age is 40 years, my residence Waynesboro Augusta Co., in the State of Virginia, and my occupation a farmer; I am the claimant, and have a beneficial interest in the claim.
Queston 2 Witness says, I resided on my farm all the war, except when I was North. My farm contains 130 acres, 30 acres in woods, the balance I had in cultivation in the war. I went to Baltimore Sept. 1864, went from there to Pensylvania, from there to Ohio & West Va. where I remained until the surrender. I was not in any business a greater portion of the time, was clerk at the Oil wells for a short time. Did not return to the Confederacy, until after the surrender in May.
3 No in full
4 No in full
5 Witness says: I took the amnesty oath after the war, did not have anything to be pardoned for
6 No in full
7 No in full
8 No in full
9 No in full
10 No in full
11 No in full
12 No in full
13 Witness Says, They tried to conscript me in the Rebel Service Afterwards I was conscripted& I left the State
15 Witness Says, I furnished a substitute when I was conscripted, I did it to keep out of the Confederate Army
16 No in full
17 No in full
18 No in full
19 No in full
20 No in full
21 No in full
22 Witness says: I left the Confederate States as stated above
23 No in full
24 Witness says, I was arrested by the Confederate Government in 1864. I was under arrest a day & night. I took no oath to get my release. I never was arrested by the U.S. Govt.
25 Witness says, I had corn sheep hogs, bacon & pork & horses taken by the Confederate Govt. I recd. no pay therefor
26 Witness says, No in full.
27 No in full
28 Witness says, I fed the union soldiers whenever I could
30 Witness says, I had two Brothers in the Confederate Army, both are now living both reside in Augusta Co. Va. James M. Keiser, & W.A. Keiser. Did not supply them with military equipments, money or clothing. I advised them to desert & go North
31 No in full
32 No in full
33 No in full
34 No in full
35 No in full
36 No in full
37 No in full
38 Witness says I received several passes from officers of the Confederate Govt to go to my home from Staunton & Richmond. I took no oath to get the pass
39 Witness says I am not and never was under any political disabilities. I have taken the offices of Overseer of the Poor, & Constable since over the war, by Military Appointment. I took the Ironclad Oath when I qualified.
40 Witness says, I was at all times in favor of the Union Cause, did not vote at all upon the ordinance of secession. After the ordinance, I still stuck to the Union.
41 Witness says, From the beginning of the war to the end I desired to see the Govt put down the rebellion, & was willing to do all in my power to accomplish that end.
And further this deponent saith not.
John K. Keiser
Testimony: Thomas H. Harlow
Deposition of Thos. H. Harlow to prove the Loyalty of the Claimant
Ques 1 I am 68 years old. I reside in Augusta Co. I am a Mechanic. I have known the claimant 23 years. I lived near him during the war. Saw him often, & talked to him about the War. He was opposed to the War, said he would not stay here, but would go North. He was a Union man from start to pole. I looked upon always as a Union man, from beginning to the end. He was looked upon by his neighbors as a Union man. I don't know how he voted upon the ordinance of secession. I heard he was threatened because he was a Union man, they threatened to burn his house. I know he left home, and I heard he had gone North. He did nothing for the Confed Govt. He was very friendly with the Union people, but I do not know that he did anything for the U.S. Govt. I don't know that he owned any Confederate bonds, or did anything to support the credit of the Confederate creditGovernment. I never heard him rejoice over any Northern or Confederate victory. I don't know that he gave any information to any Union Officer, as to the movements of the Confederate Army. The claimant is a very correct & honorable man. I have been a Union all my life & am going to die one. Had the South gained its independence, I don't think he would have returned to his home in Va. And further this deponent saith not.
Thos. H. Harlow
Sworn to before me the 2nd day of August 1872
WG Riley
Testimony: Thomas Jefferson
Deposition of Thomas Jefferson Colored to prove the Loyalty of the Claimant
Ques 1 Witness says, I am 45 years old. I reside in Augusta Co. am a tavern keeper in Waynesboro Augusta Co. Va. I have known the claimant about 15 years. I am a colored man & belonged to R.I. Hope of Staunton, Augusta Co. Va. before the war. I was emancipated by the proclamation of Presdt. Lincoln. I reside on my own land. I lived in Staunton during the war, the claimant resided 12 miles from me. I saw him often during the war. I had several conversations with him about the war, he always said he never would have any thing to do with the rebellion. Said he was always opposed to the war. I regarded him as a Union man. He was as kind to the colored people as he could be. His colored people did as they pleased. His neighbors always regarded him as a union man and they do now. I never heard that he was threatened on account of his Union sentiments. I know that he left here & went North during the war; he came back after the war. I heard him say he went away to keep out of the Rebel Army. He did not vote at all on the ordinance of secession. I heard him say he fed the Union Soldiers, he did not do anything for the Confederate Cause. He owned noany Confederate bonds nor did anything to support the credit of the Confederate States. I am a Colored man & a Union man. I don't know that he gave any information to any union officer in regard to the movements of the Confederate Armies. He rejoiced when he heard of a Union victory but did not rejoice when he heard of a Confederate victory. Had the South gained its independence he never would have returned home.
And further this deponent saith not
Thos. Jefferson his mark Witness
Sworn to and subscribed before me this 2nd day of August 1872
WG Riley
Testimony: Richard Washington
Deposition of Richard Washington Colored to prove the taking, furnishing & value of the property
Ques 1 Witness says, I am 26 years old I reside in Augusta Co. Va. I am a laborer. I was a slave before the war, & belonged to the claimant. I was emancipated by the Proclamation of Presdt. Lincoln. I reside now on the land of the claimant. I was present and saw all the property taken, mentioned in the claimants petition. The horses were taken from the stable of the claimant, all the property was on the farm. Items 1, 2, 3, 4, 5 & 6 were taken in June 64, by U.S. Soldiers under Genl. Hunter. Items 7, 8, & 9 were taken in the Spring of 1865 by Genl. Sheridan's soldiers. There were thirty Soldiers present when Genl. Hunter's men took the property, they were engaged an hour in taking the property. My Mother Louisa Washington, old Mistress, & Marshall Washington saw the property taken. I did not see any officers present. The whole army was camped on the place when Genl. Sheridan's soldiers took the property the three horses, 300 bus. corn & twenty five sheep. They were all over the place. There was an officer present. I did not hear him say anything. I don't know the names of any of the officers. Marshall Washington, Louisa Washington, & old Mistress were present when Genl. Hunter's men took the property the army was on the march. When Genl. Sheridan's men took the property, the army was camped on the place. Hunter's men took the property with the army. Genl. Sheridans men took the property to the camp on the farm the property was ll moved by the soldiers. I saw them feed the hay to the horses. (Genl. Hunter's men) The Grandmother of the claimant complained, to some of the soldiers, but it did no good. No receipt was given & none asked for. The claimant was not at home. The property was taken in the day time, it was not taken secretly. The property was all in good condition.
Item No 1 I saw 3200 lbs of pork taken. I estimate the weight by the no. of hogs there were 30 of them. They would have weighed 250 lbs each, nett. The hogs were in the field by the house. I don't know the value of the pork.
Item No 2 I saw three calves taken, they 6 or 7 months old, were fat. Don't know what they would have weighed, were worth 5$ each
Item No 3 I saw 5 Tons of hay taken, I helped to make the hay & put it up. Some was in the barn & some in the meadow in the stack. It was the hay from 20 acres of land, don't know the no of loads. This is the only way I have of getting at the quantity. I don't know the worth of hay.
Item No 4 I saw 600 lbs of bacon taken. The bacon was in the garrett of the dwelling house. I don't know the number of pieces, nor their size judge the quantity by the bulk
Item No 5 I saw 3 bulls taken, they were 2 years old, were fat. Don't know their weight, were large & well grown. Were worth about $30 each. Were out in the field.
Item No 6 I saw 3 blls. of Flour taken, it was in Blls, blls. were full. Was good Flour. Was in the cellar & smoke house. I don't know the value of it the above articles were taken by Genl. Hunter's men
Item No 7 I saw three bay horses taken, they were in the field or stable I forget. One was young. I don't know the ages of the other two, they were not old. One was worth $200, & the other two about $175 each. They were in good condition.
Item 8 I saw 300 bushels of corn taken it was in the field cut up, & in the shack, it was the corn from 20 Acres. They took it all, the land was tolerably good, don't know how much it would have made per acre. I don't know its value
Item No 9 I saw 25 sheep taken. I counted them they were one & two years [remainder of testimony missing]
Testimony: Marshall Washington
...I was a slave before the war, belonged to the claimant, & was set free by the Proclamation of Presdt. Lincoln. I was present & saw all the property taken mentioned in the claimants petition, the first property was taken in 1864 by Genl. Hunter's Soldiers, items 1, 2, 3, 4, 5 & 6. The other property was taken in the Spring of the next year, 1865, by Genl. Sheridans men. There were a great many soldiers engaged, each time, in taking the property. I don't know how many. When the first property was taken, the army was on the march, that was taken by Genl Hunters men. Items 7, 8 & 9 were taken by Genl. Sheridans men, in the Spring of 65, the army was then encamped on the claimants farm. Richard Washington, Louisa Washington and old Mistress and Miss Elizabeth McClure were present when the property was taken, & saw it taken. I don't know whether any officer was present or not. The porperty was taken away by Soldiers on horses, saw some of hay & corn fed to the horses. Was no complaints made that I know of. No receipt was asked for & none given, so far as I know. The property was all taken in the daytime, was not taken secretly. The property was in good condition when taken
Item No 1 I saw 3200 lbs of pork taken. I estimate the quantity by the number of hogs, were 30 hogs would have weighed 250 lbs netteach. The hogs were in the field, don't know its value.
Item No 2 I saw 3 Calves taken don't know their weight they were 6 or 7 months old, do not know their value, were fat.
I saw 5 tons of hay taken. I helped to haul the hay, was in the barn & on small stack in the meadow. I helped to make the hay, there were 10 two horse wagon loads. Could carry nearly a ton at a load. I don't know how many acres of land the hay came off of. I don't know its value
Item No 4 I saw 600 lbs of bacon taken. I estimate it by the bulk, don't know how many pieces there were, nor what they would have weighed, it was in the meat house, don't know its value
Item No 5 I saw two bulls taken, don't know their weight or age. Were large, don't know their value, were fat. They were in the field.
Item No 6 I saw five blls. of Flour taken, it was in the cellar, in blls, blls. were full, don't know its value. The above property was tkane by Genl. Hunter in 1864
Item No 7 I saw 3 bay horses taken, don't know their ages, were not old horses. Were worth about $150 each, they were taken from the pasture
Item No 8 I saw 300 bushels of Corn taken. The Corn was in the field, cut & stocked. don't how much land it came off of, or how much it was. I judge there was 300 bushels, don't know its value
Item No 9 I saw 25 sheep taken. I had counted them they were worth 4$ each. The property all belonged to the claimant, he has never been paid for it so far as I know, & nothing was left in exchange
And further this deponent saith not
Marshall Washington his mark Witness
Sworn to before me this 2nd day of August 1872
WG Riley
Testimony: Claimant's Brief on Loyalty
COURT OF CLAIMS. DECEMBER TERM 1897-98.
John K. Keiser, vs. The United States No. 8615 Cong.
STATEMENT.
The claimant resided in Augusta Co., Va., during the late war.
The Commissioners of Claims rejected his claim, and in their report to Congress state:--
"John K. Keiser of Augusta Co. Va. swears that he resided on his farm in Augusta Co. when the war broke out, that he was conscripted & put a substitute in the Confederate Army. He had passes to go from Richmond & Staunton issued by Confederate authority, & further swears that he did not vote at all upon the ordinance of secession. The record shows that he voted for the adoption of the ordinance. The claim is rejected."
The claim was transmitted to the Court by the Committee on War Claims.
BRIEF ON LOYALTY.
The following testimony was taken while the claim was pending before the Commissioners of Claims. Aug. '72.
JOHN K. KEISER testifies: age 40; residence Augusta Co., Va. farmer. Claimant. (P. 1). I resided on my farm all the war, except when I was north. My farm contains 130 acres. I went to Baltimore Sept. '64 went from there to Pa. from there to Ohio and W.Va., where I remained until the surrender. I was not in any business a greater portion of the time. Was clerk at the oil wells for a short time. Did not return to the Confederacy until after the surrender in May. Questions 3 and 4 answered in the negative favoable to loyalty. I took the amnesty oath after the war, did not have anything to be pardoned for. Questions 6 to 12 inclusive answered in the negative favorable to loyalty. They tried to conscript me in the rebel service. Afterwards I was conscripted and left the state. I furnished a substitute when I was conscripted. I did it to keep out of the Confederate Army. Questions 15 to 21 inclusive answered in the negative favorable to loyalty. (P. 3). I left the Confederate states as stated. I was arrested by the Conf. Govt., in '64. I was under arrest today a day and night. I took no oath to get my release. I never was arrested by the U.S. Govt. I had corn, sheep, hogs, bacon and pork and horses taken by the Confederate Govt. I received no pay therefor. Questions 26 and 27 answered in the negative favorable to loyalty. I fed the Union soldiers whenever I could (P. 4). I had two brothers in the Confederate Army, both are now living reside in Augusta Co., Va., Jas. M. & W.S. Keiser. Did not supply them with military equipments, money or clothing. I advised them to desert and go North. Questions 31 to 37 inclusive answered in the negative favorable to loyalty. I received several passes from Officers of the Confederate Govt to go to my home from Staunton and Richmond. Took no oath to get the pass. (P. 5).
Under no disabilities. I have held the offices of Overseer of the poor and Constable since the war by military appointment and took the iron clad oath when I qualified. I was at all times in favor of the Union cause. Did not vote at all on the ordinance of secession. After the ordinance I still stuck to the Union. From the beginning of the war to the end I desired to see the Govt. put down the rebellion, and was willing to do all in my power to accomplish that end. (P. 6).
THOS. H. HARLON testifies: Age 68; residence Augusta Co., mechanic. I have known the claimant 23 years. Lived near him during the war. Saw him often and talked to him about the war. He was opposed to the war. Said he would not stay here but would go North/ He was a union man from start to pole. I looked upon always as a Union man from the beginning to the end. He was looked upon by his neighbors as a Union man. I don't know how he voted on the Ordinance of secession. I heard was threatened because he was a Union man. They threatened to burn his house. I know he left home, and heard he had gone North. He did nothing for the Conf. Govt. He was very friendly with the union people, but I don't know that he did anything for the U.S. Govt. (P. 7). I don't know that he owned any Conf. bonds or did saything to support the credit of the Conf. Govt. I never heard him rejoice over any Northern or Conf. victory. I don't know that he gave my information to any Union Officer as to the movements of the Conf. army. The claimant is a very correct and honorable man. I have been a Union all my life,and am going to die one. Had the South gained its independence I don't think the claimant would have returned to his home in Va. (P. 8).
THOS. JEFFERSON (col'd) testifies: age 45; residence Augusta Co., am a tavern keeper. I have known the claimant about 15 years. Am a colored man and belonged to R.I. Hope of Staunton, Va. before the war. I was emancipated by the proclamation of President Lincoln. I reside on my own land. I lived in Staunton during the war, The claimant resided 12 miles from me. I saw him often during the war. I had several conversations with him about the war. He always said he never would have anything to do with the rebellion. Said he was always opposed to the war. I regarded him as a Union man. He was as kind to the colored people as he could be. (P. 9). His colored people did as they pleased. His neighbors always regarded him as a Union man, and they do now. I never heard that he was threatened on account of his Union sentiments.. I know that he left here and went North during the war; he came back after the war. I heard him say he went away to keep out of the rebel army. He did not vote at all on the ordinance of secession.. I heard him say he fed the Union soldiers. He did not do anything for the Confederate cause. He owned no Conf. bonds nor did anything to support the credit of the Conf. states. I am a Colored man and a Union man. I don't know that he gave any information to any Union Officer in regard to the movements of the Conf. Army. (P. 10). He rejoiced when he heard of a Union victory but did not rejoice when he heard of a Conf. victory. Had the South gained its independence he never would have returned home. (P. 11).
The following testimony was taken in Nov. 1897.
WM. McKEEVER testifies: merchant; age 62; residence Staunton, Va. Not related ar interested. (P. 1). I have known the claimant since '63. I was in S.C. before the war, and during the war at Yorktown, Va. I saw the claimant in Staunton, and was acquainted with him here. I left Yorktown and came to Staunton, where I was detailed to work for the Confederate Govt. I was captured here by the Confederate Govt. and afterwards got away from them. After I got away, I was working out at Elizabeth Furnace, in this county. The Union Army under Gen'l. Crook destroyed the furnace and I came home, and was arrested by the Confederates and ordered to report in Richmond. They didn't treat me right after arresting me, wanted to take me by force. I made up my mind I wouldn't go to Richmond. They forced me to go on the train. I left them at the train and went to W. Va. I was in the oil business there and met Mr. Keiser, and he told me that he had left this country on account of being a Union man. Mr.Keiser worked in the neighborhood where I was, and I considered him loyal to the Union. It was in '64 that I met him in W.Va. (P. 2). We were in Wirt Co., inside the Federal lines. He expressed himself that he wouldn't into the Conf. fight. He would desert first. I took seven men out at one time. Mr. Keiser staid away from the Confederacy until after the war. I wouldn't think it would have been safe for him to return had the Confederacy been successful. His sentiments never changed before the close of the war.
CROSS-EXAMINED.
I didn't vote on secession. I was living at Charlotte, N.C. when the vote was taken I don't knew how the claimant voted. I can't say what armies were between us at the time I speak of, Cook and Sheridan were then up and down the valley. (P. 3). I think it was Dec. or Jan. that he was in there. I was there the latter part of '64 and until May '65, and it was during that time that we had the conversations. All I know about the claimant's loyalty to the Union was the result of the conversations referred to, and how he voted or anything of that sort, I don't know anything about. (P. 4).
JOHN K. KEISER testifies: farmer; age 67; residence Staunton, Va., Claimant. (P. 5). I was born the 2nd of Oct. 1830. Prior to and during the war I resided at Wayneoboro, Augusta Co. Parts of the time I was North. I don't recollect when I went away exactly, it was a year or two before the war ceased. I was in Baltimore, Phila., and other places, but the last place was at the oil walls in W. Va. I staid away until after the close of the war. Went away because they wanted to put me in the Conf. army. I had put a substitute in, and they took my substitute and tried to put me. I would have left earlier if it hadn't been for my grandmother, a very old woman and I hated to off and leave her. I was a Union man out and out and was always glad to hear of a victory of the Union side. I helped many a man in getting out of the Confederacy into the Union lines. I knew all the lines, and when they were going out. I saw 25 or 30 start one night, and helped them off. (P. 6). The Confederates threatened me at different times. Threatened to burn my house that me and my grandmother lived in, and they would have done so if she hadn't been there,she being a very old woman, 80 odd years. I had to go off and leave her too. When the vote was taken on secession in '61 I was living at Waynesboro, Augusta Co., Va. I did not vote. I was not at the polls nor near there. I went off and didn't vote. Me and old Mr. Palmer went up in the mountains way off. John K. Koiner lived there and voted there and he was a secessionist, and the man who voted. I think it is a mistake in having my name appear on the poll books. It must have been John K. Koiner instead of John K. Keiser. He was known to be a secessionist. It was dangerous for a man in that community to vote against secession at that time. (P. 7). I don't know of any men of Union sentiments living in that community at that time and voted against secession. I don't think there were any, as Union men threatened on account of Union sentiments After the war I was appointed constable and overseer of the poor by Military appointment. I am a republican and have been since the war, before too. I was always opposed to slavery though I owned slaves and expected to set them free if they hadn't been emancipated. I don't think any but Union men were appointed to office under the military Govt., if it was known. If the south had succeeded I would have been afraid to come back. I never owned Conf. bonds. I did no more than I could help to aid them. I wouldn't give them anything to eat if I could help it. I wasn't at the polls on the day of the election or near there. (P. 8).
CROSS-EXAMINED.
I did not serve before my substitute took my place, and I don't know how long he served. I went to Richmond and bought him and turned him into the company and brought my papers back to the enrolling officer here at Staunton.
RE-EXAMINED.
I furnished a substitute instead of going North first on account of the age of my grandmohter. She was an old lady, and I hated to leave her. There was no person there to protect her but me. (P. 9).
SUMMARY.
John K. Keiser was a farmer residing in Augusta Co., Va., during the war. He was 29 years of age when the war commenced. He went North in Sept. '64, where he remained until the surrender. He left to avoid service in the Conf. army. He was conscripted and furnished a substitute The Confederates took stores and supplies from him for which he says he received no pay. He advised his brothers in the Conf. army to desert and go north. He did not vote on the ordinance of secession.
His witnesses corroborate these facts. State that his reputation was a Union man during the war. Always expressed himself that way. Confederates threatened to burn his house.
Claimant also states that he was always pleased to hear of Union victories.
There certainly can be no doubt entertained from his testimony as to the loyalty of Mr. Keiser throughout the war.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Claimant's Supplemental Brief on Loyalty
J.K. Keisor, vs. The United States. Cong. 8615
SUPPLEMENTAL BRIEF ON LOYALTY.
Testimony taken in Oct. 1898.
J. Wesley Cook testifies; age 60; no interest or relation. (P. 1) I saw John K. Keisor during the first part of the war sometime during the second year; after that not until the close of the war. He went away after that; think he left because it was too hot for him. Don't know whether he left because he was afraid of going into the war or not. Claimant was considered a union man. His whole family were union people. I didn't run away although I was a union man and wasn't hurt. I worked on the railroad part of the time. I don't know of anybody but old man Harlow in that neighborhood who was threatened with hanging because of union sympathies Thought that was mostly talk, however it may not have been. (P. 2) John K. Koiner lived in the same neighborhood. He wasn't a union man; a secessionist. I worked with him several years before the war. Don't remember talking about secession. He was a well known secessionist. Claimant and Koiner lived in the same neighborhood. Think they voted at the same place. Everybody in the neighborhood understood that Keisor was a union man. and Koiner a secessionist. That was the talk. I don't know how Keisor voted. Don't think he would go against his principles. He was a union man. Have no recollection of seeing him on the day of election. I don't belive he would vote a secession ticket if he did it would be contrary to his talk.
Cross Examination.
Have never testified before in this case. (P. 3) I can't say how often I saw Mr. Keisor during 1860 and 1861. He used to come to Staunton and I would see him. Don't know how often. I don't think I saw him from the time of Hunter's Raid until the close of the war. All I know of claimant's loyalty was in the year 1861. I lived in the neighborhood during 1856-78. Knew claimant's family well. Moved from the neighborhood. After that don't know that I ever stopped at their house. I never heard of J.K. Keisor being in the confederate army. I think he lived at the old home place in 1861. Not certain. (P. 4) Koiner lived at Slate Hill Mill about two miles from Keisor. Have no idea how old he was. I understand that Koiner is living somewhere in Florida. Claimant had several relatives around Staunton. I think he has a brother named George K. Koiner living near Waynesborough.
REMARKS.
This testimony shows that John K. Koiner lived in the smae neighborhood that claimant lived in and that Koiner was a secessionist, and that Koiner voted the same place that Keiser did. Now as Koiner's name does not appear upon the poll list it is contended that the Judges of Election made a mistake and entered the name John K. or J.K. Keiser instead of Koiner.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T.
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS OF THE UNITED STATES.
JOHN K. KEISER vs. THE UNITED STATES. #8615, Cong.
DEFENDANTS' BRIEF ON LOYALTY.
The claimant in this case lived near Staunton, Augusta County, Virginia, As he comes from a State that was disloyal to the Union, the burden rests upon him to prove his loyalty by absolute and unmistakable evidence. We submit that he has not done so.
When the case was examined by the Commission they found:
That the claimant was conscripted into the Con-federate army; that he went to Richmond and promptly furnished a substitute who served for him throughout the war. That the claimant had passes to go in and out of Richmond and Staunton freely. These passes were issued to him directly by the Confederate authorities. The record shows that he voted for the adoption of the Ordinance of Secession, although claimant swears that he did not.
An effort is made to impress the court that claimant was loyal because he went north to get out of unpleasant surroundings in Virginia. I desire to call the court's attention to the fact that the claimant found the surroundings aond associations of Virginia sufficiently pleasant and congenial to remain there until the latter part of 1864 as shown by the testimony; and further, that the claimant did not take the oath of allegiance to the United states Government until after the war had ceased.
The claimant states that he had two brothers in the Confederate service and admits that he didi have passes issued di- directly from the Confederate authorities which enabled him to pass in and out of Richmond and Staunton, Va., and through the Confederate lines without molestation.
The only two witnesses examined when the claim was before the Commission were Thomas Harlon and Thomas Jefferson, the latter, being a colored citizen. The former testifies that he "had heard" that the claimant was a Union man, and Jefferson only testified in a general way as to having heard of claimant's sentiments being for the Union, but states distinctly that he had never heard of claimant being threatened or molested in the slightest manner for any alleged Union sentiments.
Since the case was referred to this Court the claimant and one witness have been examined. The claimant admits that he owned a number of slaves. He denies that he voted for secession, although on that question the report from the Treasury Department states:
The name of claimant (John K. Keiser) appears in the copy of a list of those who voted for the Ordinance of Secession in Augusta County, Virginia.
It is in evidence that Staunton and Wanyesboro, the latter place the claimant's home, are in Augusta County, and that there was but one John K. Keiser who resided in that county at that time. We submit on this point that if the claimant was not present at the polls and did not vote that he could have proven where he was on that date. In fact there are few things more easily proven then the whereabouts of a person on a Natal day, such as that was, in Virginia. The claimant, however, makes no effort to refute the clear evidence against him, as shown by the record, and furnishes nothing in support of the statement that he was not present and did not vote.
As to the claimant's service in the Confederate Army,
He the Claimant says that the name upon the poll book was not his, but was the name of one John K. Koiner. On that subject, and in confirmation of the report from the Treasury Department, herein quoted in part, we submit and file herewith the following sworn statement, under seal, of the Clerk of the Court of Augusta County, the custodian of these poll books. He says:
Clerk's Office County Court, Augusta County, W. A. Burnett, Clerk. Staunton, Va., July 2d, 1898.
State of Virginia, County of Augusta ss.
I William A. Burnett Clerk of the County Court of Augusta County in the State of Virginia, the same being a Court of record with Common law and Probate jurisdiction having a clerk and seal, do hereby certify that the Poll Books of the election held in said county of Augusta on the 23rd day of May 1861 upon the question of the "Ordinance of Secession" are filed and are among the public records of said office and court, and it appears from one of said Poll Books held in the town of Waynesboro in said county of Augusta on said 23d day of May 1861 the name of "Jno. K. Keiser" is recorded in said last named book on the 265th line of same as having voted for the ratification of the Ordinance of Secession as well for the "Amendment to the Con.-stitution of Virginia on the subject of taxation, and I further certify that the name of John K. Koiner does not appear at all upon the said Poll Book.
Given under my hand and the seal of said Court at Staunton Virginia this 2nd day of July A.D. 1898 and in the 122nd year of the Commonwealth.
William A. Burnett, Clerk.
And, as to the Claimants service in the war, on the Confederate side, he says:
I did not serve before my substitute took my place. I went to Richmond and bought him and turned him into the Company, and brought my papers back to the enrolling officer here at Stanton.
The only other witness examined since the case was referred to this Court, was the witness McKeever, who states that he considered the claimant possessed of loyal sentiments. He admits, however, that he was not in or around claimant's home before, during or shortly after the war. In fact he says he was down in one of the Carolinas when the war broke out and when the vote was taken on secession, and that he did not see claimant until he met him in West Virginia in the latter part of the year 1864. It was at that time that the, claimant (whose substitue was then serving for him in the Confederate army) expressed the quasi loyal sentiments to which this witness McKeever so fluently testifies.
The witness (McKeever) concludes his testimony with the statement, showing conclusively how little, if anything, he knew of the alleged loyalty of the claimant:
(P. 3, original dep.) Cross Q. I understand you then to say that all you know about the claimant's loyalty to the Union was as a result of the conversation you had in Virginia? (in 1864).
Ans. That is all I knew, and how he voted, or anything of that sort I don't know anything about it.
I cannot feel that this Virginian was a loyal man during the whole period of the war, and I am satisfied in my mind what that whatever he was, he certainly has not proven his loyalty as it is contemplated that he should do under the Act which enables him to have this Court investigate this case.
John G. Capers Assistant Attorney.
Bibliographic Information : Southern Claims Commission: Claim of John K. Keiser, August 2, 1872, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8615.
