Summary: Sheets' claim for horses, livestock, and farm implements was disallowed by the Claims Commission in 1878, despite evidence of his loyalty to the United States, because they ruled that the Union Army had not taken Sheets' property for strictly military use. Sheets appealed this decision in 1901, when the Congressional Court of Claims ruled in his favor. Sheets' son George died while serving in the Union Army. In one of the briefs filed by Sheets' attorney, witness William Houff stated that Sheets' neighborhood, Mt. Sidney, was known as "the little United States" due to its high population of Unionists.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 bay mare | 140.00 | 0 | 140.00 |
| 1 light bay mare | 200.00 | 0 | 200.00 |
| 1 light bay mare | 200.00 | 0 | 200.00 |
| 1 blood bay mare | 200.00 | 0 | 200.00 |
| 2 bay colts | 100.00 | 0 | 100.00 |
| 10 sheep | 50.00 | 0 | 50.00 |
| 2 saddles & bridles | 36.00 | 0 | 36.00 |
| 30 bush wheat, 2 horse waggon, plows, harlow, harness, which was burned and is valued in the aggregate | 1000.00 | 0 | 1000.00 |
Claims Summary:
The property in this claim was taken or burned in the fall of 1864 at the time of the Sheridan raid or the "Burning raid" as it is more frequently called. Horses cattle sheep &c were not then taken for the "use of the Union army" but for the purpose of devastating the Shenandoah Valley. The animals were mostly sent to Maryland or Pennyslvania & sold & the proceeds paid into the Treasury. Our jurisdiction is limited to "stores or supplies" taken for the use of the Army or navy. Ordinarily use by the army is strong presumptive evidence that the property was taken for such use. But where it appears positively that it was not taken for use, we have no jurisdiction.the fact that some part of it was subsequently used for army purposes does not conver jurisdiction. The claim is disallowed.
AO Aldis, O. Ferriss, JB Howell Comm of Claims
Testimony: Peter Sheets
United States of America State of Va. S.S.
I W.G. Riley, a commissioner selected and designated by the Comm'rs of Claims, appointed under the Act of Congress, of March 3d 1871, to take and record testimony. Do hereby certify, that the reason for taking the following depositions, is and the fact is, the matter of claim, of Peter Sheets, vs. the United States of America, and the witnesses, herein named, being material and necessary, being first duly sworn answers as follows.
Question 1st. Witness says-I am 59 years old, I reside in Augusta Co. Va. I reside at the same place previous to April 1st 1861. I am a farmer by occupation.
2d. Witness Says, I resided at the same place from April 1st 1861 to June 1st 1865.
3d. Witness Says I never passed beyond the military or Naval lines of the United States and entered the rebel lines. I never took an oath of any kind to the so called Confederate States.
5th. Witness says-I took an Amnesty oath, after the close of the War, in Staunton, Va. I received no pardon from the President.
6th. Witness says I never was directly or indirectly connected with the so called Confederate States in any capacity.
7th. Witnes Says-I never held any office or place of trust, profit or honor, clerkship or have any agency or employment of any kind whatever for or under the so-called Confederate States.
9th. Witness Says I never was counin any capacity in the Military or Naval service of the So called Confederate States.
10th. Witness I never was an officer in the Military or Naval service of the Confederacy. I never furnished a substitute for the Confederate Army or Navy. Never was any department or Bureau of the Confederate Government. I never had at any time charge of any stores or supplies, teams, wagons, vessels or other munitions of War, for the use of the Army or Navy of the Confederacy.
11th. Witness Says I never was in any service or business of any kind for the Confederate Government. I never furnished any stores or supplies for the Confederate States. I never give any information to any Officer, soldier, sailor or marine of the Confederate States.
12th. Witness Says I never was engaged in the Manufacture of Munitions of War, Clothing, Boots, Shoes, harness or anything else for the use of the Confederate Army or Navy.
13th. Witness Says I never was directly or indirectly employed in collection or impressment of any article at all for the Confederate Government. I had no interest or share or contracts with the Confederate Government, Army, or Navy.
14th Witness says I never was engaged in blockade running or illicit traffic. I never had any interest in any article brought into or exported from any port of the So called Confederacy.
15th. Witness Says I never left the County of Augusta Co. Va. between the 19th April 1861 and June 19th 1865.
16th Witness Says I never was the owner or part owner of any vessel or Boat used in navigating the ocean or any waters of the Confederacy.
17th. Witness Says I never was arrested by the Confederate Government, but was threatened with being hung. I never was arrested by the U.S. Government.
18th. Witness Says The Confederate Government took a Wagon, and grain generally, in 1861 and 1864, for the use of the Confederate Government. I was paid for the Wagon & some Corn in the currency of the Confederacy.
19th. Witness Says I was threatened with being cut to pieces, for my Union sentiment.
20th. Witness says I never was injured on account of my Union sentiments
21st. Witness Says I sent three sons into the Union lines. One was in the Union Army, and one in the Home Guard in Indiana. I sent a Wagon & two horses, with beds & bedding.
23d Witness Says, I had a son in the Union Army, and a son in the Home Guards, in Indiana. I gave them money
24th Witness says I did nothing at all to support the credit of the Confederate States.
25th. Witness Says I never give aid and comfort to the Confederacy, I had no sympathy for it.
26th. Witness Says I never was engaged in making raids into the U.S. from Canada, nor in the destruction of the Commerce of the United States.
27th. Witness Says, I never was engaged in holding in custody any prisoners of War held by the Confederate States.
28th. Witness Says I never was a member of any society for the prosecution or persecution of any person, on account of his loyalty to the U. States.
29th. Witness says I never was a paroled prisoner of the United States.
30th. Witness says-I never held any office in the United States, nor educated at any military or Naval School of the U.S.
31st. Witness Says I never received any pass from the Confederate Government or any of its authorities
32d Witness Says I was under no disabilities, I have held no office since the War.
33d. Witness says-At the beginning of the rebellion, I sympathized with the Union. I always rejoiced when I heard the Union Army was coming then I thought we would be free. I did not vote, on the Ordinance of Secession. After the adoption of the Ordinance of Secession, I went for the Union and against the State.
34th. Witness Says I solemnly declare that from the beginning of hostilities against the United States, my sympathies were constantly with the Union, and that I did nothing of my own free will and accord to assist the rebellion, and was willing at all times to aid the Union Cause, so far as my power, means and the circumstances would permit.
Further this deponent saith not September 1st 1871. Peter Sheets
Testimony: David Alexander
David Alexander, a witness introduced by the Claimant to prove taking of property, being first duly sworn answers as follows.
Ques. 1st Witness Say, I am 58 years old I reside in Augusta Co. Va. My occupation is a farmer. I was present when a Mare was taken from the Claimant, and afterwards they took four other horses and two sucking colts. The soldiers were in the field and took them away.
4th. Witness Says The property mentioned the Claimants petition was taken in September 1864. They were taken by Genl. Talbert's and Col. Wilson's soldiers and Officers. I was among them and talked with them. I think they belonged to Genl. Sheridan's command.
7th Witness Says The property was taken by the soldiers belonging to Genl. Talbert's command.
8th. Witness Says The horses were carried off by Officers and soldiers
9th. Witness Says They were removed down the Shenandoah Valley. I did not see any of the property after its removal
10th. Witness Says The Horses were taken for the Use of the Army. I did not see the property afterwards.
11th. Witness Says, There was no complaint made that I heard
12th. Witness Says It is my opinion that there was a receipt given for one horse taken. I do not who the Officer was There was no receipt asked for, for the others that I know of.
13th. Witness Says The property was taken in the day time, between 1 and 5 Oclock in the afternoon. The property was taken publicly.
14th. Witness Says When the property was taken the Army was encamped about One mile from claimants The had been there not more than two days. There had been two little skirmishes. I knew Genl. Talbert and talked with Col. Wilson.
15th. Witness Says, The Horses were fine condition. One bay Mare 14 hands high, about 6 years old. She was worth $150.00. One bay horse 17 hands high, 4 years old, worth $160. One light bay horse, about the same age, worth $150.00. One bay Mare about 6 years old 16 hands high, worth $150 or $160. Two bay Colts, worth each $50. There were sheep taken I dont know how many. They were worth $4.00 a piece. I suppose the Saddle was worth $20.00 it was new. I know nothing of the bridles.
19th Witness says, I think the property was certainly for the use of the Army.
20th. Witness Says, I am satisfied that it was taken for the benefit of the Army, but do not know their necessities.
22d Witness Says, I believe that the property was so necessary and useful, as to justify and require the Government to pay for it.
23d Witness says, My opinion is that there was orders given to take property needed by the Army. Further this deponent saith not. September 1871
David Alexander
Testimony: Simon Stover
Simon P. Stover, a witness introduced by claimant to prove loyalty, being duly sworn, answers as follows.
Ques. 1st. Witness Says, I am 48 years old, I reside in Augusta, Co. Va. I am a farmer by occupation. I have known the claimant about 40 years. I saw him frequently during the War, and I never had a doubt of his loyalty to the United States, and he was so regarded by his neighbors, both friend and foe. I never knew him to do anything for the United States Government except sending three sons into the Union lines, one of whom entered the Union Army and died in it. He never did anything for the rebel Government except what he was forced to do.
I believe he was too loyal to the United States Government to have established any claim of loyalty to the Confederacy, in fact I do not believe he would or could have remained in the south, had it maintained a seperate Government. Further this deponent saith not.
Sept 1st 1871. Simon P. Stover
Testimony: David Alexander
David Alexander, a witness introduced by the Claimant to prove loyalty, being first duly sworn answers as follows.
Question 1st. Witness Says-I am 58 years old, I reside in Augusta Co. Va. I am a farmer. I have known the claimant for 23 years. I live on an adjoining farm and saw him nearly every day I never doubted his loyalty to the Union Cause, and he was so regarded by his neighbors.
He aided the Union cause by sending his sons into the Union lines and one of them died as a soldier of the Union Army.
He was too loyal to the United States Government, to be regarded as at all loyal to the Confederacy had it been a seperate Government. Further this deponent saith not.
David Alexander
Sworn to & subscribed before me this 1st day of Sept 1871 WG Riley United States Commissioner and Special Com. for State of Va.
Testimony: William G. Riley
Staunton, Va. March 25 /72
Geo. Tucker Esq. Washington, D.C.
Sir:-The reason that I did not hear the other witness in the case of Peter Sheets, vs. the U.S. Govt. was that the witness called at my Office, when I was very ill, in October last. I was being treated at the time by three Physicians but I will take the testimony of Mr Cline before I leave this part of the State, as this is the first opportunity I have had to do so since I was sick.
Very Respy Yours Wm. G. Riley
Testimony: Peter Cline
U.S. Commissioner's Office, Harrisonburg, Virginia
In the matter of the Claim of Peter Sheets of Augusta County, Virginia, for re-imbursement for supplies taken by the Federal forces during the late Rebellion.
Peter Cline, a witness introduced by Claimant, being under solemn affirmation, deposeth and saith-
During the late war, in the Fall that the Federal General Sheridan occupied the Valley of Virginia, his forces took from Peter Sheets, two horses and two colts. I do not know the age of the horses, but they were very fine mares, and the colts were standing by them, and were not weaned. I saw them in the possession of the Federal troops, the soldiers who had them, passed right through my yard with them. I should think that before the war, such mares besides the colts, would have been worth from $135 to $140 each, the colts before the war would have been worth some $40 each. I knew the mares and colts, and recognized them as Peter Sheets' property. I do not know whether there were any officers with the soldiers or not, but suppose there were, as the whole army was moving, and the stock was within one hundred yards of the main body of the army.
And further this deponent saith not. Peter Cline
Subscribed, and sworn to before me this 30th day of March 1872. Wm. J. Poruld U.S. Commr.
Testimony: Peter Sheets
Mt. Sidney Va. Feb. 8 /77
Mr. Chas Benjamin
Sir I Drop you a fiew lines in answer to your note which I was very glad to receive from your hands.
I have bin paying out about $25 Dollars to different persons to see to my Claim and they flattered me with the idea that it was all right. I cant see why it was that my Claim has bin Suspended. I can prove by any amount of persons that would be required to show my loyalty. I never did Vote the Democratic Ticket Nor for the ordinance of Secession I harbored Soldiers during the war untill they could get a chance to get through the lines to the Federal Troops. I had but three Sons, And one of them went west before the war And Enlisted in the 69 Ind. Volenteers & Died in prison. My Second Son also Volenteered, But never was in service. My 3 and last son i sent through the lines before he was 16 yrs old to keep them from fighting for the Confederacy. So mutch confidence did i have in the Union that i thought they would not disturb a Union man. I never have voted any other Ticket but the Republican Whilst many others whos claims have bin paid have bin Voting with the Rebels ever since the war. I will be very glad for any information in Regard to getting my claim Reinstated I can get any number of Witnesses that is needed to prove my loyalty. And to prove that the Federal Troop got the property for which i am claiming pay for.
Pleas answer. Yours with Respect. Address P. Sheets Mt. Sidney Augusta Co. Va.
The $25 which he mentions was doubtless to Riley. G. Tucker
Testimony: Peter Sheets
Peter Sheets being introduced and first duly sworn by Special Commissioner, W.B. Harrison, deposes as follows.
To question numbered 72 the witness answers. I was present when some of the property was taken. I saw the bay mare and the light bay horse, marked as items No. 1 & 2 under the hand of "Quantities and Articles" in my claim, and also the two saddles & bridles therein mentioned as item No. 7, actually taken.
To question No. 73 the witness answers No property was taken in the night time, nor secretly.
To question No. 74 witness answers Complaint was made by me to Col. Lowell, and he said I ought to let the horses go to put down the rebellion, of course after this I couldn't do anything, but went home. It was in Staunton that I saw Col. Lowell, having gone there for the purpose of seeing some officer for protection.
To quesiton No. 75, the witness answers A paper was given me by Col. Lowell when the bay mare was taken, in Staunton, I dont know what it was, I lost it, dont know where or when, no other vouchers or receipts or papers were ever asked for by me, nor were any ever given to me by any one. The paper that Col. Lowell gave me, was given voluntarily by him, without my asking for it. I did not ask for receipts or vouchers for the property because I dident know that they would give them, I dident know that I had a right to ask for them. All the property that was taken (excpet the bay mare, taken in Staunton) was taken at the time my barn, straw tick, fences &c were all on fire, I thought the house would burn up too, my wife was an invalid & I had to take care of her, as well as to try & protect the house from the fire. I might have seen the rest of the stock mentioned in my claim as item numbers 3, 4, 5 & 6, taken, if it had not been that I was too much employed in protecting my house from the fire, for they were all taken about that time.
To question No. 76, the witness answers No payment has been made for any property charged in this claim. Nor for any property chargedtaken at the same time as the property charged in this claim. No payment has ever been made for any property taken from me during the war. The property in this claim nor any part of it, has never been included in any claim heretofore presented to Congress or any other authority whatever.
To question No. 77, the witness answers The property was not taken by troops camped in the vicinity. I think they were camped near Browns gap. The came from that direction, Brown's gap is about 12 miles from my place maybe a little more. I dont remember whether there had been a recent battle or skirmish or not.
To question Nos. 78 & 79 witness answers 1 st The bay mare, item No. 1. was in fine order. 2 nd it was in Staunton. 5 th I would not have taken $300, for this mare. 6 th In September 1864 I think, 7 th It was Genl. Tabots command, Col. Lowell ordered me to dismount & give him the mare. 8 th I was riding near the place where the forces named, were encamped. A messenger came to me, & said that the Col. had sent him to bring me to his tent, I went, Col. Lowell then told me that I would have to give up the beast, I dismounted, they took the mare from me and the Col. ordered her to be fed. I left then and that was the last I saw of the mare.
10 th There were others present whom I knew to be Officers from their dress. They did not say anything, I dont know their names. 11 th Col. Lowell said that different men in his command had lost their horses & that they were obliged to have horses.
The light bay horse item No. 2, was in good order & about 4 years old. 2 nd he was at home in the Stable. 5 th he was worth $200 in United States money, 6 th In September 1864, at the same time of the burning. 7 th The army was called "Averals old forces" commanded by Custer, 8 th They went into the stable and bridled up the horse and took him away. 9 th They carried the horse down the Valley, I dont know where to. 10 th There were men there dressed in Officers uniform. I knew no names. 11 th I dont know what their authority for taking the horse was, only they said that was their orders. They took the horse to their camp, at Mt. Sidney.
1 st The saddles & bridles I saw taken, One was a bran new saddle that I had paid $22 for, the other was a perfectly good saddle, the bridles were also in good condition. 2 nd One was taken at Staunton with the bay mare, and the other saddle was taken at home near Mt. Sidney. One bridle was taken with the bay mare at Staunton, and the other from my stable at home. 5 th They were worth every cent of $36. 6 th In September 1864, dont remember the day. 7 th one saddle & bridle was taken by Col Lowell of Talbott's comand. The others by Averals old army, commanded by Genl. Custer. And further this deponent saith not.
Test Wm. B. Harrison Peter Sheets
Testimony: Peter Cline
Peter Cline a witness of lawful age being introduced in behalf of the Claimant Peter Sheets, being first duly sworn deposes as follows,
To question No. 1, the witness answers Peter Cline is my name, I am 45 years of age. My residence for the past ten years has been in Rockingham near Bridgewater. I had been living within two miles of Peter Sheets near Mt Sidney Augusta County previous to that time about 9 years. I am a farmer.
To question No. 2, witness answers, I am not related to the claimant in any way. And have no interest in the success of his claim.
To question No. 78, the witness answers I saw none of the property mentioned in the claim of Peter Sheets taken, but I did see, at the time that Peter Sheets' barn was on fire, the two bay mares mentioned in items number 3 & 4, and the two bay colts mentioned in item No. 5 in possession of the army, while passing my residence. These horses & colts were being driven along with a great number of horses cattle & sheep. I was well acquainted with the two mares & two colts mentioned & am positive that they belonged to Peter Sheets. I dont know what became of them after they passed my house, never heard of them again.
To question 79 the witness answers 1 st The light bay mare item No. 3, was in good order, dont know her age. 2 nd it was within three miles of Mt. Sidney on the Valley turnpike when I saw it in the possession of the army. 5 th I suppose this mare was worth from $140 to $150 in United States money, 6 th I cant say when it was actually taken, but whe it was during the burning of the barns in the Valley and at the time that Peter Sheets' barn was on fire, that I saw the mare in question, in possession of the army. 7 th It was Sheridans army that was in that portion of the Valley at that time, burning and carrying off property. It was a portion of his troops that had this animal in possession at the time I saw it.
As to the mare mentioned in item No. 4 and the two colts mentioned in item No. 5 The same facts apply to them in every particular that I have just given in regard to the mare in item No. 3, except as to their value, the blood bay mare mentioned in item No. 4, I suppose was worth from $140 to $150. The two Colts were worth about $100.
I know nothing about the sheep mentioned in Peter Sheets' claim, except from nearby, but believe they were taken by same army. And further saith not.
Test Wm B Harrison P. Cline
Testimony: Charles H. Sheets
Charles H. Sheets a witness introduced in behalf of Claimant being first duly sworn, deposes as follows,
To question No. 1, witness answers My name is Charles H. Sheets, my age is 28 years, I reside at Mt. Sidney with my father Peter Sheets and are engaged in farming.
To question No. 2, witness answers I am the son of the claimant
To question No. 72, the witness answers, I was present when a part of the property was taken. And did actually see taken the light bay horse, item No. 2, The Sheep, item No. 6, and a new saddle which was taken out of my hands.
To question 73, witness answers None of the property was taken at night or secretly.
To question 74 witness answers No complaint was ever made that I know of.
To question No. 75 witness answers No vouchers or receipts were ever asked for or given that I know of.
To question 76 witness answers No payment has ever been made, none has been for any property taken at the same time as the property charged in this claim. No payment as ever been made for property taken from the same claimant during the war. This property has not nor has any part of it been included in in any claim heretofore presented to Congress or to any other Authority.
To question 77 witness answers It was taken by troops on the march, there had been no recent battle or skirmish that I know of.
To question 78, witness answers Item No. 1, The bay mare mentioned in this item I did not see taken.
Item No. 2, The light bay horse mentioned in this item, I saw taken by the same men who did the burning.
Item No. 3, The bay mare mentioned in this item I did not see taken, nor the bay mare in item No. 4 nor the 2 Colts in item No. 5
The two mares in items 3 & 4 and the 2 Colts in item 5 were hitched in the bushes by me not more than one quarter of a mile from my fathers house. On the same day that the barn was burnt, I saw a company of soldiers go right by the place and suppose they took them, though I did not see them do it.
Item No. 6, I saw the sheep mentioned in this item actually taken. In answer
To question 79 witness answers 1 st The horse was in fine order 2 nd It was in the stable when taken. 5 th This horse was worth $150, or $160. 6 th I cant fix the date any more accurately than to say, that I know it was taken at the time the barn was burnt. 7 th dont know what troops they were, except I know they were Yankee soldiers. 8 th I saw the horse bridled and ridden off by one of the soldiers. 9 th I dont know where they took the horse. There were two companied present. 11 th The man who took the horse said that he had lost his beast and must have one, I dont know what authority he had for taking it.
To question 80, witness answers 2 nd The sheep were in a field near the house. 3 rd There were ten sheep taken, my father had only 10 sheep at the time and they were all together in the field when I saw them taken. 5 th I couldent say (being young at the time, with no experience in such matters) what the value of the sheep was, 6 th It was taken the day of the burning, 7 th The soldiers were from the same command that took the horse. 8 th There were two companies of soldiers I think on my fathers premises at the time. 9 th I dont know where the sheep were carried. 11 th Know no reasons.
The saddle that was taken out of my hands, was a new one, and worth about $20, it was taken on the same day that my fathers barn was burned, by a Yankee soldier who was riding a horse without any saddle. And further this deponent saith not.
Test Wm B Harrison Charles H. Sheets
I certify that the foregoing depositions were duly taken before the undersigned a Comr in Chancery of the Hustings Court for the City of Staunton Virginia acting under an an appointment of the Commissioners of Claims, as Special Commissioner to take said depositions, Given under my hand this 5th day Sep. 1877 Wm B Harrison Comr.
Testimony: William B. Harrison
Staunton Va September 5, 1877
Chs. F. Benjamin Esq.
Dear sir I herewith enclose you the depositions of Peter Sheets &als, taken by me, under an appointment of one of the Commissioners in Chancery of the City of Staunton as Special Commissioner to take the depositions required. Mr. Sheets said he only wanted to take evidence as to the taking of the property, so I here asked questions in reference to that alone. If any irregularities appear in the manner in which the depositions are taken, I presume they will be returned to be corrected. Mr. Sheets desires me to say to you that he will be glad to hear from you as soon as anything has been done towards the further proving of his claim.
Very respct. &c Wm B. Harrison
Testimony: Peter Sheets
Mt. Sidney Va. Sept. 7th 1877
Mr. F.Chas. F. Benjamin Esq
Dear Sir As it was stated on the printed Rapper of those papers you sent me with instructions for my Claim that you wanted the actual cost of taking this And as i was in Staunton on the 5th of this month and had the Additional Testimony taken I as well as the Commissioner forgot it I will give you the cost so far.
For Each time that i have bin trying to get pay for my property To A.M. Crane & W. Herr, $7.10; To Judge Riley, 11.00; To W.B. Harrison, 9.00; And my Expense for Witnesses (And myself not less than one month Riding) 2.50: $29.60
Yours Truly Peter Sheets
Testimony: Claimant's Brief on Loyalty
UNITED STATES COURT OF CLAIMS.
Peter Sheets, vs. The United States. No. 8118 Cong.
STATEMENT OF THE CASE.
This is a claim in favor of Peter Sheets, of Augusta county, Virginia, state at $1926. It was presented to the Commissioners of Claims and was by them disallowed because they were not convinced that the property was taken for the use of the army.
The claim was referred to this Court under the Bowman Act by the Committee on War Claims of the House of Representatives March 2, 1891.
CLAIMANT'S BRIEF ON LOYALTY.
The following evidence was taken under the rule of the Commissioners of Claims, September 1, 1871.
PETER SHEETS testifies as follows: I am 59 years old, I reside in Augusta county, Virginia, I reside at the same place previous to April 1st, 1861. I am a farmer by occupation. I resided at the same place from April 1st, 1861 to June 1st, 1865.
I never passed beyond the military or naval lines of the United States and entered the rebel lines. I never took an oath of any kind to the so-called Confederate States.
I took an amnesty oath after the close of the war, in Staunton, Va. I received no pardon from the President. (P. 4 Record.)
I never was directly or indirectly connected with the so-called Confederate States in any capacity. I never held any office or place of trust, profit or honor, clerkship or have any agency or employment of any kind whatever for or under the so-called Confederate States. I never was in any capacity in the military or naval service of the so-called Confederate States. I never was an officer in the military or naval service of the Confederacy. I never furnished a substitute for the Confederate army or navy. Never was in any department or bureau of the Confederate Government. I never had at any time charge of any stores or supplies, teams, wagons, vessels or other munitions of war for the use of the army or navy of the Confederacy. I never was in any service or business of any kind for the Confederate Government. I never furnished any stores or supplies for the Confederate States. I never gave any information to any officer, soldier, sailor or marine of the Confederate States. (P. 5 Record.)
I never was engaged in the manufacture of munitions of war, clothing, boots, shoes, harness or anything else for the use of the Confederate Army or Navy.
I never was employed directly or indirectly in collection or impressment of any article at all for the Confederate Government. I had no interest or share or contracts with the Confederate Government, army or navy. (P. 6 Record.)
I never was engaged in blockade running or illicit traffic. I never had any interest in any article brought into or exported from any part of the so-called Confederacy. I never left the county of Augusta, Va., between the 19th of April 1861 and June 19th, 1865. I never was the owner or part owner of any vessel or boat used in navigating the ocean or any waters of the Confederacy. (P. 6 Record.)
I never was arrested by the Confederate Government but was threatened with being hung. I never was arrested by the United States Government. (P. 6 Record.)
The Confederate Government took a wagon, and grain generally, in 1861 and 1864, for use of the Confederate Government. I was paid for the wagon and some corn in the currency of the Confederacy. (P. 7 Record.)
I was threatened with being cut to pieces for my Union sentiments. I never was injured on account of my Union sentiments.
I sent three sons into the Union lines; one was in the Union army and one in the Home Guard in Indiana. I sent a wagon and two horses, with beds and bedding. I had a son in the Union army and a son in the Indiana Home Guards. I gave them money.
I did nothing at all to support the credit of the Confederate States. I never gave any aid or comfort to the Confederacy. I had no sympathy for it. I never was engaged in making raids into the United States from Canada nor in the destruction of the commerce of the United States. I never was engaged in holding in custody any prisoners of war held by the Confederate States. I never was a member of any society for the prosecution or persecution of any person on account of his loyalty to the United States. I never was a paroled prisoner of the United States. I never received any pass from the Confederate Government or any of its authorities. I was under no disability and have held no office since the war.
At the beginning of the rebellion I sympathized with the Union. I always rejoiced when I heard the Union army was coming for then I thought we would be free. I did not vote on the ordinance of secession after its adoption. I went for the Union and against the State. (P. 8 Record.)
I solemnly declare that from the beginning of hostilities against the United States, my sympathies were constantly with the Union and that I did nothing of my own free will and accord to assist the rebellion, and was willing at all times to aid the Union cause so far as my power, means and the circumstances would permit. (P. 9 Record.)
SIMON P. STOVER testifies as follows: I am 48 years old, I reside in Augusta county, Va. I am a farmer by occupation. I have known the claimant about 40 years. (P. 13 Record.)
I saw claimant frequently during the war and talked with him about the war and I never had a doubt of his loyalty to the United States and he was so regarded by his neighbors, both friend and foe. I never knew him to do anything for the United States Government except sending his three sons into the Union lines, one of whom entered the United States Army and died in it. He never did anything for the rebel government except what he was forced to do. I belive he was too loyal to the United States Government to have established any claim of loyalty to the Confederacy, in fact I do not believe he would or could have remained in the South had it maintained a separate government. (P. 13 Record.)
DAVID ALEXANDER testifies as follows: I am 58 years old, I reside in Augusta county, Va. I am a farmer. (P. 14 Record.)
I have known the claimant for 23 years. I live on an adjoining farm and saw him nearly every day. I never doubted his loyalty to the Union cause and he was so regarded by his neighbors.
He aided the Union cause by sending his sons into the Union lines and one of them died as a soldier of the Union Army. He was too loyal to the United States Government to be regarded as at all loyal to the Confederacy had it been a separate government. (P. 14 Record.)
SUMMARY.
The claimant in this case was a farmer who resided in Augusta county, Virginia, during the war of the rebellion. He was regarded as a Union man by both friend and foe and his Unionism was so pronounced that it left no room for doubt. His own testimony bears all the impress of truth and honesty and the evidence of two of his neighbors who had known him many years prior to the war and lived near him during that time unreservedly and in the strongest terms to claimant's loyal acts and reputation.
Claimant had three sons that he sent into the Union lines and furnished them with money and supplies. One of these sons joined the Union army and died in the service; the other belonged to the Homes Guards in Indiana.
The Confederate Archives show one voucher signed by claimant for a very small amount, but this is fully explained in claimant's testimony and he is in nowise responsible for stores impressed from him by the Confederates.
It is respectfully submitted that the evidence establishes claimant's loyalty beyond a doubt.
Respectfully, submitted, G.W.Z. Black Attorney for Claimant.
Testimony: Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS OF THE UNITED STATES.
Peter Sheets, v. United States. No. 8,118, Congressional.
Defendants Brief on Loyalty.
The testimony of loyalty in this case is confined to three witnesses which are the claimant himself, Samuel P. Stover, and Daniel Alexander.
The claimant resided in Augusta County, Virginia, during the war, and was a farmer by occupation. He claims that he never took an oath of any kind to support the Confederacy, but took an oath after the close of the war and was not pardoned by the President. That he was not employed directly or indirectly with the Confederate States in any capacity, and that he never served in any any capacity in either the military or Naval service of the said Confederate States, nor was he employed in any service of any kind for them. He also claims that he did not furnish any stores or supplies to the Confederates, nor gave any aid or information to them during the war. He answereds the followingusual questions concerning his loyalty in the usual manner. He saidys that he never left his county between the 19th of April, 1861, and 1865. He also says that he was never arrested by the Confederate Government ofor the United States Government, but claims to have been threatened with hanging by the Confederate Government. (This testimony as to this threat is wholly uncorroborated by the testimony of any other witness.)
He also said that he was threatened to be cut to pieces for his Union sentiments. (This threat as testified by the claimant is also un-corroborated.) The claimant claims that the Confederate Government took some property from him in 1861 to 1864, and that he was paid for the same in the currency of the Confederacy. (page 7, record). He states that he sent three sons into the Union lines, one of whom was in the Union army, and one in the Home Guards, and one in the Indiana Home Guards, and that he sent a wagon and two horses with beds and bedding, and that he gave his son who was in the Union Army and the one in the Indiana Home Guards money. He also claims that he sympathized with the Union at the beginning of the Rebellion and that he did not vote on the ordinance of Secession after its adoption, and that he rejoiced at the approach of the Union army. This testimony comes from the mouthes of witnesses Stover and Alexander.
Stover claims to have seen the claimant frequently during the war, and that he never doubted his loyalty to the United States, and he was so regarded by his neighbors both "friend and foe". That he never knew him to do anything for the Union cause except to send three sons into the army, one of whom died in the army; that he never did anything for the Rebel Government except what he was forced to do.
Witness Alexander's testimony is to the effect that he has known the claimant for 23 years and lived on the adjoining farm, and saw him every day, and never doubted his loyalty, and that he was regarded as loyal to the United States by his own neighbors. That he aided the Union cause by sending his sons into the Union lines where one died as a soldier in the Union army. It is to be regretted that additional witnesses had not been called by the claimant to establish his loyalty, as while the testimoy testimony of the two who have been called, tends very strongly to support this contention, yet these questions while it is not alwaysunsafe for the court to find loyalty upon meagre testimony particularly where it is not shown that diligent search has been made to obtain additional testimony, and that said search has been unsuccessful. It would seem that two of the sons are still living, and yet neither of them have been called to testify in his behalf.
The claimant's counsel states that the voucher shown by the Confederate Archives is fully explained in the claimant's testimony in a favorable light to claimant, but this is very largely inference, in as much as beyond the statement that the Confederate Government took the wagon and bedding in '61 and '64 from claimant and that he was paid for the same in the currency of the Confederacy, the said explanation does not seem to explain. any particulars which are given. It may have been that this man was loyal to the Union cause and the testimony tends to establish his loyalty as suggested before. However It is to be questioned whether the testimony adduced is in all respects sufficient to establish his loyalty to the United States Government throughout the war, beyond a doubt or question.
We are suretold that one of the sons of the claimant entered the Union army, and one, as he said, the Home Guard of Indiana, but he does not state as did witnesses Stover and Alexander, that said son died in the Union army, the company or regiment in which said son enlisted and fought is not given, nor is the testimony of the two remaining sons whom the claimant says he sent into the Union lines, and it does not anywhere appear in the testimony that either of these sons are not living.
We submit that the court is entitled to the fullest possible information and testimony obtainable bearing upon all of the above matters, and that nothing should be left to inference, but that loyalty should be proven by sufficient and satisfactorly testimony.
Respectfully submitted. S.W. Collins Assistant Attorney.
Testimony: Claimant's Reply to Defendant's Brief on Loyalty
IN THE COURT OF CLAIMS. No. 8118 Congressional.
Peter Sheets, vs. The United States.
Claimant's Reply Brief on Loyalty.
Counsel for the United States submits a brief in which he practically admits the loyalty of the claimant but contends that the evidence is rather meagre on some points. Since counsel has filed his brief the depositions of four witnesses have been taken which explain clearly and fully all objections raised by counsel for the Government. The substance of the new evidence is as follows:
Charles H. Sheet testifies: That he was living at home with his father (Peter Sheets) at the commencement of the war and lived with him until October, 1864, when he sent him to Indiana; that his father gave him the money to go with and told him to get away from the Confederacy and said if the condition of his mother's health would permit he would go there also. That his brother D.S. Sheets went out there a year or more before witness did and that the claimant assisted him in the same way; that his oldest brother George went out to the same state just before the outbreak of the war. That he came back in August after the surrender in 1865, D.S. Sheets came back in February, 1866, and his brother George died from illness contracted while in the Union army; that the last named was a volunteer in the 89th Ind.Inft. (P. 36 Record.)
That his father freely expressed his opinions in favor of the Union and would have gone away from the Confederacy had it not been for the crippled condition of his wife. That he was a known Union man throughout the neighborhood and that his sentiments became stronger as the war progressed; that he never did anything to aid the Confederate cause.
Dr. William Bell testifies: That he is not related to the claimant and no interest in this claim; that he was well acquainted with claimant before and during the war and saw him often during that period up to 1864 when witness entered the Confederate army; that claimant was regarded as a Union man by all his neighbors, Confederates as well as Union men; that claimant was loyal to the Union during the whole war; that he did not hesitate to express his sentiments and they all knew where he stood; that he lived within a mile and a half of him, was his family physician for a number of years and talked to him frequently. (P. 38 Record.)
William A. Houff testifies: That he is not related to claimant and has no interest in this claim; that he was well acquainted with claimant during the war; that he (witness) was a Union man during the war; that he saw claimant frequently during that period and often talked to him about the war, its causes and claimant always expressed himself strongly in favor of the Union and had made arrangements to go west and stay within the Union lines but was prevented on account of his wife's health; that claimant was a well known Union man and in connection with some other Union men in that vicinity he was called "The little United States"; that he grew stronger as the war progressed; that he was a member of the United Brethren church and the members of that church were strong against secession. That claimant sent his two sons, Charles H. and D.S. Sheets out to Indiana and furnished them with the necessary money and supplies to get there with. That both his Union and Confederate neighbors knew him to be a good Union man. (P. 41 Record.)
D.S. Sheets testifies: That he is a son of the claimant. That he lived with his father until March 20th, 1863 when he went to Indiana and remained there until the close of the war; that his father advised him to go; that he was young and hardly knew what was best but his father made arrangements for him to go, arranged for my guide through the lines and gave him money to pay his way; that the claimant sheltered a number of people who sympathized with the Union; that he took a young man by the name of Chris Peters and concealed him and he finally escaped through the lines; that he helped his two brother, George and C.H. Sheets, both of them going to Indiana; that C.H. Sheets returned to his home sometime after the close of the war George D. Sheets died at Kokomo, Indiana, of disease contracted while he was in the Union army; that witness was in the Middletown, Indiana Home Guards, and did not return to his home until February, 1866.
The balance of the evidence of this witness fully corroborates the other witnesses as to his father's loyal reputation and his sentiments and opinions, etc.
On cross-examination witness says that his brother George D. Sheets, belonged to, he thinks, the 69th or 89th Ind.Inft., Company E, and he thinks John E. Williams was the captain; he says that this brother went to Indiana in 1861 just before the lines closed and that he died in 1862. (P. 45, Record.)
The evidence in support of claimant's loyalty filed before the Commissioners of Claims was strong and conclusive, but was lacking in some details, for instance the company and regiment in which claimant's son enlisted, and more definite evidence in regard to claimant sending two other sons into the Union lines, being the principal points raised by counsel for the Government. Four additional witnesses have been called since counsel for the Government filed his brief, two of them claimant's sons, and the objections raised have beene explained in detail. Claimant sent three of his sons through the lines to Indiana and furnished them with money and supplies for their trip; one of them joined the Middletown, Indiana Home Guards; another volunteered in the 69th or 89th Ind.Inft. Co. E. and died while in the service; the other two returned to their home in Virginia after the close of the war. There appears to be no doubt whatever as to claimant's loyalty to the United States throughout the war.
Respectfully submitted, G.W.Z. Black Attorney for Claimant.
Bibliographic Information : Southern Claims Commission: Claim of Peter Sheets, September 1, 1871, Claim No. 1729, Source copy consulted: National Archives, Washington, D.C., RG #123, Congressional Jurisdiction #16639.
