Summary: Lavell's claim for the value of two horses was disallowed for lack of evidence of active loyalty. His widow appealed this decision to the Court of Claims in 1893.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 Horse (Bay) | 150 | 0 | 150 |
| 1 Gray Horse | 150 | 0 | 150 |
| Total | $300 | 0 | $300 |
Claims Summary:
Giving full weight & credit to the statement under oath of claimant himself, he was at best, but a neutral He does not remember whether he took the oath of Allegiance to the Confederate government. He says he had no sympathy with the Confederate government, only wanted the war to cease. His sympathies were with the whole human family & he did not take rides with either party. This is doing pretty well considerig he had two sons in the Confederate army & no relatives in the Union Army, but it is not enough to entitle him to renumeration upon the recommendation of this Commission. The two witnesses called to prove his loyalty testify to nothing material. The claim is rejected
Testimony: Abraham Lavell
United States of America State of Virginia L.L.
I, W.G. Riley a commissioner selected & designated by the commissioners of claims appointed under the act of March 3d 1871 to take & record testimony do hereby certify that the reason for taking the following deposition is & the fact is the matter of claim of Abram Lavell of Augusta Co. vs: The United States of America & the witnesses herein being named first duly sworn, answer as follow.
Ques 1 Witness says: I am 76 years old. I reside in Augusta Co. Va. I am a gentleman. I resided in Augusta Co. Va six months befor April 1861
2 Witness says, Resided in Augusta Co Va & did not leave at any time
3 Witness says, I never passed the Military or Naval lines of the U.S. & entered the rebel lines
4 Witness says, Do not remember to have taken an oath of Allegiance to the Confed Govt.
5 Witness says: I took an amnesty oath in 1865 at Staunton Va. it was required of every one. Have never been pardoned
6 Witness says: I never was in any way directly or indirectly in the civil service of the Confed States.
7 Witness says, I never held any office of honor, profit or trust under the Confed. Govt.
8 Witness says, Never held any clerkship or office of any kind.
9 Witness says, I never was in any capacity in the Military or Naval service of the Confed. Govt. Never was a soldier or sailor in either the army or Navy or connected with any dept. of the Confed. Govt.
10 Witness says: Never was employed in any of the Departments of the Confed Govt. Never had charge of any trains, teams or wagons of the Confed. Govt.
11 Witness says: I never did anything but feed the soldiers of both armies.
12 Witness says: Was never engaged in manufacturing munitions of War for the Confed Govt. or anything used by them
13 Witness says: I never was directly nor indirectly employed, in the collection or impressment of supplies for the Confed. Govt.
14 Witness says: I never was engaged in blockade running, & had no share nor interest in any goods brought into the Confed. Govt.
15 Witness says: I did not leave the Confed. States, between the 19 of April 1861, & the 19 of April 1865
16 Witness says: I never was engaged or interested in any vesall, employed in navigating to or from any port of the Confederacy
17 Witness says, I never was arrested by either the U.S. or Confed Govt.
18 Witness says: I had no property taken by the Confed. Govt. except what was stolen, when I was asleep
19 Witness says: I never was threatened injured nor molested on account of my Union sentiments
21 Witness says: I contributed nothing for the U.S. Govt. during the war either for the Army nor Navy
23 Witness says: I had two sons in the Confed. Army. Had no relations in the Union army. I did nothing to supply them with military equipment or money.
24 Witness Says, I owned 8% bonds of the Confed. Govt I did nothing else to support the credit of the Confed Govt.
25 Witness says: I have never given aid nor comfort to the rebellion
26 Witness says: I never was engaged in making raids from Canada, nor in destroying the commerce of the U.S.
27 Witness says: I never was in any manner engaged in holding in custody persons taking as prisoner by the Confed Govt.
28 Witness says: I never was a member of any society for the expulsion or persecution of any person on account of loyalty to the U States
29 Witness says, Never was a paroled prisoner of the U.S.
30 Witness says: Never held any office in the Army or Navy of the U.S. Was not educated either at West Point or the Naval Academy
31 Witness says: Never had any pass from any one during the war
32 Witness says: I am not & never have been under any disabilities imposed by the fourteenth amendment of Constitution of the United States.
33 Witness says: I had no sympathy with the Confederate Govt. only wished the war to cease. I neither voted for nor against the ordinance of cesession. My sympathies were with the whol human family. I did not take sides with either party.
34 Witness Says: The fact is, as I said before my sympathies were with the whole human family & further this deponent sayeth not
Sept. 12th 1871 Abram Lavell his mark
Sworn to & subscribed before me this 12th day of Sept. 1871
WG Riley United States Commissioner and Special Com: for State of Va.
Testimony: Jacob Steele
Jacob Steele a witness introduced by the claimant to prove the taking & furnishing of the property, being duly sworn answers as follows.
Ques 1 Witness says: I am 27 years old. I reside in Augusta Co. I am a Farmer I was present when the claimants horses were taken I saw them taken. Saw nothing else taken. They were taken in June 1864 from claimants farm, by soldiers of the Union Army under command of Genl. Hunter.
6 Witness says: I don't know that any officer were present.
8 Witness says, The horses were led away by the soldiers, they were removed to Staunton, did not see it again
10 Witness says: I suppose it was taken for the use of the Army
11 Witness says: No complaint made
12 Witness says: No receipt given & none asked for.
13 Witness says: The property was taken about 12 O'clock in the day it was not taken secretly.
14 Witness says, When the property was the army was encamped about 2 miles off. They had been there about a week. Had been no battle or skirmish near. Did not know either of Nor any of them.
15 Witness says: The horses, were in good condition. One brown horse, about 9 years old, was worth One Hundred & fifty dollars. One grey mare about 5 years old worth One Hundred & thirty dollars
22 Witness says: I think the property was taken for some purpose so careful & necessary, as to warrant the Govt. in paying for it, & further this deponent sayeth not
Sept 12th 1871 Jacob Steele his mark
Sworn to & subscribed before me this 12th day of Sept. 1871
WG Riley United States Commissioner and Special Com: for State of Va.
Testimony: James W. Beard
James W. Beard, a witness introduced to prove the loyalty of the claimant, being duly sworn answers as follows:
Ques 1 Witness says, I am 43 years old. I reside in Augusta Co. Va. I am a tanner. Have known the claimant 20 years. I have lived about 3 miles from him. Saw him often during the war. Talked with him about the War. He was loyal to the US Govt. & was so regarded by his neighbors so far as I know. Never knew him to do anything for either the U.S. or rebel govts. during the war. I think he was too loyal to the U.S. govt. to have been loyal to the Confed. Govt. had it succeeded, & further this deponent sayeth not
Sept 12th 1871 J.W. Beard
Sworn to & subscribed before me this 12th day of Sept. 1871
WG Riley United States Commissioner and Special Com: for State of Va
Testimony: N.K. Trout
N.K. Trout a witness introduced by the claimant to prove his loyalty, to the Govt. of the U.S. being duly sworn, answers as follows.
Ques 1 Witness says: I am 52 years, reside in Staunton, Va. & by profession a Lawyer. Have known the claimant 30 years, he has lived within 5 miles of Staunton since I have known him frequently during the war. Had no doubts as to his loyalty to the US Govt. during the war. He was opposed to the war in the beginning, & desired the restoration of the Govt. I think he was too loyal to the U.S. to have been loyal to the Confed. Govt. had it succeeded & further this deponent sayeth not.
Sept 12th 1871 NK Trout
Sworn to & subscribed before me this 12th day of Sept. 1871
WG Riley United States Commissioner and Special Com: for State of Va.
Testimony: Charles Forter
Treasury Department Office of the Secretary Washington, D.C. May 3, 1892.
The Honorable The Attorney General.
Sir: In answer to your request of the 9th ultimo in the case of the estate of Abraham Lavell against the United States, No. 8616 Congressional. I have the honor to state that the name of A. Lavell is found in a copy of a list of those who voted for the ordinance of secession in Augusta County, Virginia, the original of which is presumed to be in the custody of the clerk of the court of said county.
Respectfully yours, Charles Forter Secretary.
Testimony: Claimant's Brief on Loyalty
IN THE COURT OF CLAIMS. DECEMBER TERM 1892-93.
Abraham Lavell vs. The United States No. 8616 Cong.
STATEMENT
The claimant in this case resided in Augusta Co., Va. during the late war of the Rebellion. He presented his claim to the Commissioners of Claims, and it was disallowed by said Commissioners, and under the head of remarks they state:--
"Giving full weight and credit to the statement under oath of claimant himself, he was at best but a neutral. He does not remember whether he took the oath of allegiance to the Confederate Government. He says he had no sympathy with the Confederate Government, only wanted the war to cease. His sympathies were with the whole human family and he did not take sides with either party. This is doing pretty well considering he had two sons in the Confederate army and no relatives in the Union army, but it is not enough to entitle him to renumeration upon the recommendation of this Commission. The two witnesses called to prove his loyalty testify to nothing material. The claim is rejected." Signed by none of the Commissioners.
The claim was referred to the Court by the Committee on War Claims, Feb. 26th, 1892.
BRIEF ON LOYALTY.
The following testimony was taken while the claim was pending before the Commissioners of Claims. This testimony was taken in Sept. 1871.
ABRAHAM LAVELL, the claimant, testifies age 76; residence Augusta Co., Va. I resided in Augusta Co., Va. six months before April '61. I never passed the Military or Naval lines of the U.S. and entered the Rebel lines. Don't remember to having taken the oath of allegiance to the Confederate Government. Took the amnesty oath in '65 at Staunton, Va. It was required of every one. Have never been pardoned. (P. 1). Questions 6 to 10 inclusive answered in the negative favorable to loyalty. I fed the soldiers of both armies. Questions 12 to 17 inclusive answered in the negative favorable to loyalty. (p. 2). Had no property taken by the Confederate Government except what was stolen when I was asleep. Never was threatened on account of my Union sentiments. Contributed nothing for the U.S. Govt. during the war, either for the army or navy. I had two sons in the Confederate army. Had no relatives in the Union army. Did nothing to supply them with military equipments or money (P. 3.) I owned 8% bonds of the Confederate Government; did nothing else to support the credit of the Confederate Government. I have never given aid or comfort to the Rebellion. Questions 26 to 32 inclusive answered in the negative favorable to loyalty. (P. 4.) I had no sympathy with the Confederate Government; only wished the war to cease. I neither voted for nor against the ordinance of secession. My sympathies were with the whole human family. I did not take sides with either party. The fact is as I said before my sympathies were with the whole human family (P. 5).
JAS. W. BEARD testifies age 43; residence Augusta Co., Va.; farmer. Live about three miles from claimant Saw him often during the war. Talked with him about the war. He was loyal to the United States Government and so regarded by his loyal neighbors, so far as I know. Never knew him to do anything for either the U.S. or Rebel Governments during the war. Think he was too loyal to the U.S. Government to have been loyal to the Confederate Government, had it succeeded. (P. 8).
N.K. TROUT testifies age 52; residence Staunton, Va. Lawyer. Have known the claimant 30 years He has lived within five miles of Staunton since I have known him. Saw him frequently during the war. Had no doubt as to his loyalty to the U.S. Government during the war. He was opposed to the war in the beginning and desired the restoration of the Government. I think he was too loyal to the United States to have been loyal to the Confederate Government, had it succeeded. (P. 9).
The following testimony has been taken since the reference of the claim to the Court. This testimony was taken Oct. 12th, 1893.
LUCY A LAVELL, testifies housekeeper; age 47; residence Staunton, Va. Interested; widow of the deceased claimant. (P. 1). I was married to Mr. Lavell in 1862. Knew him about four years before I was married. Didn't live very far from him. About a mile and a half. He was sixty years old when I married him. I heard him talk a good deal about the war. He was against it. He talked with Mr. Myers and Mr. Beard about the war. They were neighbors of ours and came to see us right often. They were against the war; Union people. (P. 2.) They said they had better let the war alone; it would be a bad day's work. I heard them talking sitting on the porch at my house. Mr. Lavell was not in favor of his two sons going into the Confederate army. He told them it would be a bad day's work if they went into that army. They had families at the time. He told them that he would not take care of their families; they would have to do the best they could. My husband did not vote for secession. He was at home on election day. (P. 3.) He did not go to the election at all. He was not in the Confederate army. He had two sons in the Rebel army and he was opposed to it. Their names were David Lavell and Abraham Lavell. The Confederates got property from my husband. They came and took the hay out of the barn and a barrel of flour and killed some shoats. They took seven sheep skins. They took two horses. One was a dark bay and the other an iron gray. My husband did not tell them they might have the horses and the other property. (P: 4.) They did not take any of this property at his request. They came in the fore part of the day and took the horses and at night they took the hay and flour. Mr. Lavell did not allow them to have this property for the purpose of helping the war along. He did not want to help the war along. From what I know of my husband's feelings and sentiments, I can say that he was in favor of the United States Government from the beginning to the close of the war. The people in our neighborhood in favor of the U.S. Government, thought he was all right in believing what he did. His son enlisted April 18th, '61 at Lexington, Va., in Co. "C", First Va. Cavalry, Confederate Troops. (P. 5).
CROSS-EXAMINATION.
I was married on Sept. 8th, 1862. The matters I have related to and conversations with him occurred after we were married. The sons enlisted in the army after we were married. They were both married. They were living away from home when they went into the war. (P. 6). One lived about 36 miles and the other three miles. (P. 7):
SUMMARY.
Abraham Lavell the claimant, was 66 years of age at the commencement of the war. He resided during the war in Augusta Co., Va. He did not vote for nor against secession. Did not take sides with either party. He owned 8% bonds of the Confederate Government.
His witnesses testify that he expressed loyal sentiments during the war. He had two sons in the Confederate army. It appears however, that they had families and were living by themselves. One of his sons was named Abraham.
It is very evident from the testimony that it was his son and not himself that voted for secession.
Respectfully Submitted, Gilbert Moyers ATTY FOR C'L'M'T
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS.
Estate of Abraham Lavell, dec'd vs. The United States. No. 8616--Cong.
Defendant's Brief on Loyalty.
This claim is for two horses, valued at $300, alleged to to have been taken from the decedent near Minot Spring, just south of Staunton, Augusta Co., Va. by United States troops on June 6, 1864.
It was rejected by the Commissioners of Claims for lack of proof of loyalty.
The decedent, who testified before a special commissioner in Sept. 1871, did not claim to have been more than neutral, explaining his neutrality by the statement that his sympathies were with "the whole human family". As a portion of that family the people of the Confederate States necessarily came in for their share of that sympathy. In answer to the 34th interrogatory, he utterly failed to respond to the searching questions as to loyalty, therein propounded, and merely repeated his former statement as to his sympathy with the human family. The decedent did not vote on the question of secession, but did not claim that it would have been dangerous for him to vote against it. He did not remember having taken an oath of all allegiance to the Confederacy. He took the amnesty oath in 1865. He owned some 8% bonds of the Confederate Government, and had two sons in the Southern army.
The Confederate Archives contain two vouchers for payments to A. Lavell at Staunton, viz.: $28. for two dozen sheep skins, June 14, 1862, and $55O. fora bay mare, Dec. 1. 1863. The signatures appear to have been written by the decedent. In his testimony in 1871, the decedent said, "I had no property taken by the Confederate Government except what was stolen when I was asleep"; and hence the property mentioned in tne vouchers must have been sold to the Confederacy and not "taken" by it. The decedent's widow, in her recent depositions, states that the Confederates took two horses, seven sheep skins, and some other articles, the latter at night, but the horses in the day time. As he did not himself say that any horses were impressed it cannot be presumed that they were so taken.
The Archives also presentcontain a voucher for the services of two slaves paid for near Lexington, Va., but although the signature resembles that of the decedent it may be his son's. A quartermaster's return of hay purchased of A Lavell near Lexington, Va, June 24, 1864, but not paid for, may also refer to the son.
In conclusion it is submitted that the depositions in favor of the decedent's loyalty (that of J.W. Beard and N.K. Trout in 1871, and of the decedent's widow in 1893) would be too meagre and indefinite to prove loyalty even if they were not completely refuted by the decedent's own admissions of mere neutrality, and of ownership of Confederate bonds, and by the evidence of his dealings with the Confederacy.
Charles C. Binney Assistant Attorney.
Bibliographic Information : Southern Claims Commission: Claim of Abraham Lavell, September 12, 1871, Claim No. 2638, Source copy consulted: National Archives, Washington, D.C., RG 123, Congressional Jurisdiction #8616.
