Summary: Isaac Ware was a black man living in Staunton during the war; presumably he was a slave, since his name is not listed in the Registry of Free Blacks for Staunton. The Commissioners were satisifed that he was loyal to the United States but did not see sufficient evidence proving that Union troops took his horse, and therefore disallowed the claim.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 Mare | 120.00 | 0 | 120.00 |
Claims Summary:
The only Evidence to prove the horse taken for Army use is this-
Hiram Kerr- testifies
"I did not see the horse taken, but I saw the soldiers & officers with it. It was in the stable and I believe they took the horse of the claimant from the stable" "I was about 50 yards off."
One would think that he would know, if at that distance, whether the horse was taken or not, & yet he says - "I did not see it taken. I believe it was taken."
He says afterwards - "The horse was led off by officers & soldiers"! That is an absurd statement. If led off at all only one would lead him off.
It is plain he means to assert the taking only as he believes, not as he saw it. The Army was not Encamped there at the time. There is no satisfactory proof of lawful taking for Army use.
Claim rejected.
AO Aldis, JB Howell, O. Ferriss, Commrs. of Claims
Testimony: Isaac Ware
United States of America State of Virginia
I WG Riley a commissioner elected and designated by the Commissioner of Claims appointed under the Act of Congress of March 3d 1871 to take and record testimony Do hereby certify that the reason for the following depositions is and the fact is the matter of claim of Issac Ware vs the United States of America and the witness herein named being first duly sworn answereth as follows
Quest 1 Witness says -- I resided six months prior to the 1st of April 1861 in Augusta County Virginia near Staunton
2 Witness says -- I resided in Staunton from the 1st of April 1861 to the 1st of June 1865 I resided here all the war
3 Witness says -- I never passed beyond the Military or Naval lines of the United States and enter the Rebel lines
4 Witness says -- I took no oath or affirmation to the so called Confederate being a colored man none was required
5 Witness says -- I have never taken any amnesty oath I have never been pardoned by the President
6 Witness says -- I never was directly or indirectly connected with the Civil Military or Naval service of the so called Confederate States I never held any office I never held any clerkship I never was in the Military or Naval service I never was an officer, soldier sailor or marine I never had charge of any stores supplies I have never been engaged in any business I have never aided abetted or assisted the rebellion in any way
14 Witness says -- I never was engaged in blockade running or any thing of the sort for the Confederacy
15 Witness says -- I did not leave the Confederate States between the 19th of April 1861 and the 19th April 1866 - I did not go anywhere
16 Witness says -- I never was interested in any vessel used in navigating the ocean to or from the Southern Confederacy
17 Witness says -- I never was arrested by the Confederate Government I never was arrested by the United States Government
18 Witness says -- None of my property was ever taken by the Confederate authorities
19 Witness says -- I never was threatened or injured on account of my Union sentiments
21 Witness says -- I never contributed anything to aid the United States Government
23 Witness says -- I had no relatives in either the union or Confederate Armies
24 Witness says -- I have never owned any Confederate bonds or done anything to support the credit of the Confederate States
26 Witness says -- I never was engaged in making raids into the United States from Canada being a colored man I aided the Confederate States in no way
29 Witness says -- I never was a parolled prisoner of the United States
30 Witness says -- I have never held any office in the Army or Navy of the United States I was not educated at West Point being a colored man I have no education
31 Witness says -- I never received any pass from the Confederate Government
32 Witness says -- I was never under any disabilities I never held any office before or since the war under any Government
33 Witness says -- I sympathized with the Union cause at the beginning of the war and not with the Rebellion - being a colored man I had no vote I always was for the Union
34 Witness says -- I was from the beginning of hostilities against the United States to the end thereof I was constantly with the cause of the United States I was ready and willing to aid the Union so far as my means and power and the circumstances of the case permitted
Questions by the Commissioner
Quest 1 How old are you where do you reside and what is your occupation?
Answer I am forty years old I reside in Augusta County Virginia by occupation a farmer and further the deponent saith not August the 21st 1871 Isaac Ware his mark
Testimony: Hiram Kerr
Hiram Kerr a witness introduced by Iaac Ware for proof as to the taking of the property being first duly sworn answereth as follows
Quest 1 Witness says -- I did not see it taken but I saw the soldiers and officers with it. It was in the stable and I believe they took the horse of the claimant from the stable
7 Witness says -- They took the horse from the stable officers and soldiers were present and took the horse I was about fifty yards off from the stable when they took him out of the stable
8 Witness says -- The horse was led off by officers and soldiers
9 Witness says -- The horse was brought to Staunton
10 Witness says -- I suppose that the horse was taken for the use of the United States Army. I did not know any of the officers or soldiers
11 Witness says -- There was no complaint made to any officer or soldier on account of such taking
12 Witness says -- No receipt was asked for or given that I know of
13 Witness says -- It was taken in the day time, about nine o'clock in the morning it was not taken secretly
14 Witness says -- The army was not encamped here when the property was taken
15 Witness says -- The property was in good condition and eight or nine years old I think the horse mentioned in the claimant's petition was worth one hundred dollars
19 Witness says -- I suppose the horse was taken for the use of the army and no other use
20 Witness says -- The officers and soldiers said they had orders to take anything they could get
21 Witness says -- I think they were justifyable in taking the horse from what they told me
22 Witness says -- I think the Government ought to pay for the horse as they took it for the use of the Government
23 Witness says -- The officers and soldiers that took the horse mentioned in the claimant's petition said that they had orders and authority to take it
Questions by the Commissioner
Quest 1 How old are you where do you reside and what is your occupation?
Answer I am thiry nine years old I reside in Augusta County Virginia by occupation a laborer on a farm further the deponent saith not August the 21st 1871 Hiram Kerr his mark
Testimony: William Ware
William Ware a witness introduced by the Claimant to prove loyalty being first duly sworn answereth as follows --
Quest 1 How old are you where do you reside and what is your occupation?
I am twenty five years old I reside in Augusta County Virginia by occupation a cooper. I have known the Claimant all my life we live together I saw him every day during the war he is a colored man and was loyal to the United States Government all the war and he was so regarded by all his neighbors I never knew him to do anything for the Union or Confederate Governments during the war I think he was too loyal to the United States Goverment to have been considered loyal to the Confederacy if it had succeeded I also think that the property mentioned in the Claimant's petition was worth what the Claimant has charged the Government in his petition and further the deponent saith not August the 21st 1871 William Ware his mark
Sworn to & subscribed before me this 21st day of August 1871
WG Riley United States Commissioner and special Com. for State of Va
Bibliographic Information : Southern Claims Commission: Claim of Isaac Ware, August 21, 1871, Claim No. 12,671, Source copy consulted: National Archives, Washington, D.C., fiche #2234.
