Summary: Lushbaugh's claim for farm animals and agricultural products was disallowed because the Commissioners were not satisfied with the evidence of his loyalty. Lushbaugh's former slave, Henry Carter, testified on his behalf.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| Bay Horse | 150.00 | 0 | 150.00 |
| Grey (Iron) Horse | 150.00 | 0 | 150.00 |
| Beef Cow (large) | 50.00 | 0 | 50.00 |
| One two horse Wagon | 125.00 | 0 | 125.00 |
| 14 acres grass clover & timothy | 336.00 | 0 | 336.00 |
| Fences enclosing the 14 acres field, equal to 40 Cords | 120.00 | 0 | 120.00 |
| Total | $931.00 | 0 | $931.00 |
Claims Summary:
The claimant is about 75 years of age & a resident of Augusta Co. Va. where he resided during the war. He had a son in the Confederate Army, and the evidence he produces of his loyalty is weak and utterly devoid of important & significant facts. He says the Confederates took two wagons from him & paid for them. Men with Union sentiments were generally well known in the Shenandoah valley & the Confederates did not pay Union men for their property. He calls two witnesses - one of them a Colored man & formerly his slave, the other admits that he was in sympathy with the south. No union man is called to testify & Mr. Lushbaugh must be well known to them, or some of them at least. While there is nothing in the evidence showing affirmatively that the claimant was a secessionist, there is not enough in it to remove all doubts. And this source of information does remove the doubt - Mr. Lushbaugh says he did not vote on the ratification of the ordinance of secession - the record of votes cast in Augusta Co. on that question shows that he did vote, and voted in favor of the ordinance. He must have been disloyal & the claim is disallowed.
Testimony: Adams Lushbaugh
In answer to the First General Interrogatory, the Deponent says: My name is Adams Lushbaugh, my age 74 years, my residence Staunton, Augusta, in the State of Virginia, and my occupation a Carpenter; I am the claimant, and have beneficial interest in the claim.
Ques 2 Ans. My residence was the same as now during the entire war. I did but little work of any kind.
Ques 3 Ans. I never passed beyond the lines.
Ques 4 Ans. I never took an oath of any kind to the Confederacy.
Ques 5 Ans. I took an amnesty oath in Staunton, Va. in 1865 after the surrender.
Ques 6 Ans. I never was in any way connected with the civil service of the Confederate States.
Ques 7 Ans. I never held any place of trust honor or profit in the Confederate Government or any state or territory.
Ques 8 Ans. I held no clerkship or had any agency or employment of any kind for the benefit of the Confederate Government.
Ques 9 Ans. I never was in any capacity in the military or naval service of the so called Confederate States, state or territory.
Ques 10 Ans. I held no office in the military or otherwise in & under the Confederate government.
Ques 11 Ans. I was not in the militia of any state, while subordinate to the Confederate States.
Ques 12 Ans. I never belonged to the home guards or any vigilance committee or committee of safety while subject to the Confederacy.
Ques 13 Ans. I never was conscripted, too old.
Ques 14 Ans. I furnished no substitute.
Ques 15 Ans. I never was connected with any branch or department of the civil or military of the Confederate Government.
Ques 16 Ans. I was never in the employ of any Railroad, nor aided in the Transportation of soldiers, or anything for the use or benefit of the Confederate States.
Ques 17 Ans. I at no time had charge of any stores, supplies, wagon teams or of anything connected with the Confederacy.
Ques 18 Ans. I never was in the employment or service of the Confederate Government. I never furnished any supplies, or property of any kind to the Confederate States state or territory in rebellion, the army, navy, militia, home guards or other forces. I never give any information to anyone connected with the Confederate States.
Ques 19 Ans. I was not employed in the manufacture of munitions of war, or of any thing at all.
Ques 20 Ans. I never was employed in any way with the collection, impressment, purchase or sale of anything whatever.
Ques 21 Ans. I never run the bloackade, nor never engaged in illicit traffic or intercourse between the lines, nor interests therein.
Ques 22 Ans. I did not leave my home at all.
Ques 23 Ans. I never owned or had any share in any boat or vessel of any kind, or for any purpose.
Ques 24 Ans. I never was arrested by the Confederate Government or by any of its officers. Nor by the United States.
Ques 25 Ans. I had 2 wagons taken, and was paid in Confederate money.
Ques 26 Ans. I was not threatened in any way.
Ques 27 Ans. I was not molested or injured.
Ques 28 Ans. I never contributed anything in aid of the United States Government, or its army or cause.
Ques 29 Ans. I never did anything, except to give food to the soldiers when here in 1864.
Ques 30 Ans. My son William Lushbaugh was in the Army a short time, I did not furnish him with anything at all. He is living and resides in Staunton, Va.
Ques 31 Ans. I never owned any bonds, or did any thing to support the credit of the Confederacy.
Ques 32 Ans. I never give aid or comfort to the rebellion.
Ques 33 Ans. I never made a raid of any kind, nor from any place, and never engaged in the destruction of the commerce of the United States.
Ques 34 Ans. I never was engaged in holding in custody any person for any cause what ever.
Ques 35 Ans. I never belonged to any society or association for the punishment or persecution of any person for any purpose or cause.
Ques 36 Ans. I never was a parolled prisoner.
Ques 37 Ans. I never held an office, nor was I educated by the United States Military Schools.
Ques 38 Ans. I never had a pass from the Confederate Government, had no need for one.
Ques 39 Ans. I was under no disabilities imposed by the 14th Amendment to the Constitution of the United States and have not held any office since the War.
Ques 40 Ans. At the beginning of the rebellion my sympathies were with the Union, my feelings were those of sorrow, and regret and where I spoke it was in language of despair. I voted for Union candidates to the State Convention, I did not vote for the ratification of the ordinances of Secession, and after its adoption I remained quiet, and did nothing for the confederacy except as required by the laws.
Ques 41 Ans. I do solemnly declare that from the beginning of hostilities to the end thereof, I never lost my veneration for the United States Government, that my sympathies was with its cause and that I never of my own free will and accord did anything, or sought or attempted to do anything to injure the cause of the United States or retard its success, and that I was at all times willing so far as my means and the circumstances would permit to aid said cause.
Taking of the Property.
Ques 1 Ans. I was present and saw the Wagon taken and saw the army horses pasturing on my fields of grass.
Ques 3 Ans. I did not see the horses taken, but saw them in the possession of the army. The cow was killed and butchered in or near the pasture field. I saw the horses in large numbers, pasturing on my grass and the fencing was used as I believe for fuel and camp purposes.
Ques 4 Ans. The horses were taken from a grass field a mile or more from town. The Wagon was taken from my stable yard and the cow out of a field near the town. All the property named in the petition was taken in June 1864. There were about five soldiers engaged in taking the Wagon, I do not know how many present when the other articles named were taken.
Ques 5 Ans. No one present when but myself when the wagon was taken that I know of.
Ques 6 Ans. I did not know any of the officers, and do not know if any were present or not.
Ques 7 Ans. There were about five soldiers, come to my stable yard and with a pair of horses, and hitched them to the Wagon.
Ques 8 Ans. The Wagon was hauled off with horses.
Ques 9 Ans. The Wagon was removed to the camp and so were the horses. The cow was used for beef, she was fat.
Ques 10 Ans. The horses and wagon, were used by the Regiments sent in charge of prisoners to Camp Chase, I saw them when started I suppose the cow was used as rations as she was fat. I saw the Army horses feeding on my grass field.
Ques 11 Ans. I made no complaint to any one.
Ques 12 Ans. I did not ask for a receipt.
Ques 13 Ans. The property was taken in the day time, I do not remember the hour. There was no secrecy in taking it.
Ques 14 Ans. The Army was encamped in & around the town at the time. It was Genl. Hunter's Army. They arrived at the town (Staunton) on Monday and left the following Friday. The battle of Piedmont took place on Sunday the day previous to their arrival in Staunton. I did not know any Quarter Master or other officer of the Army.
Ques 15 Ans. The horses were in good condition, both sound and healthy, one the bay 8 years old and the grey 5 years old, they were of large size and fine work horses. The Wagon, was a new one and had been but little used.
The cow was fat and large, at least 500 pounds nett - the grass was very heavy and good and would readily have made 3 tons to the acre. I had to give $16 a ton for hay, in money paid after the war closed. I suppose from a estimate that the plank enclosing the 14 acres and posts would be equal to 40 cords of wood - not less, if 100 rails is equal to a cord of wood. The grass is only estimated by amount of hay cut at other times.
Adams Lushbaugh
Testimony: Henry Carter
Deposition of Henry Carter
Ans to 1st ques. My name is Henry Carter, my age is 41 years, by occupation a laborer. I am not related to the Claimant. I am a colored man - I was present and saw the Wagon taken, but did not see the horses taken, but did see the cows drove off.
Ques. 3 Ans. The Wagon was taken by soldiers from the stable yard.
Ques. 11 Ans. The Wagon was taken by 4 or 5 soldiers engaged in taking the Wagon. They had two horses and threw off the Saddles and put on the body, and hitched the horses to it and went away to head quarters near the City Cemetery. I do not recollect the month but it was the year before the War closed. There was no one present that I recollect of. The claimant was a very short distance off.
Ques. 6 Ans. I think they were private Soldiers I did not know that any were officers.
Ques. 7 Ans. I said gentlemen you are not going to take the Wagon and they replied oh yes we have more use for it now than you have.
Ques. 8 Ans. The Wagon was hauled away bywith horses. I had put the horses on a grass field in the morning. The field about 1 1/2 miles from town and the next morning I saw them have the horses and were watering them when I saw them. I had put the Cow in the same field and an officer told me that he would have to take the Cow to eat. The Cow was very fat. The 14 acre grass field was taken and used for pasture. I suppose there must have been 250 horses and mules in the field, and the plank was used for fuel and about the camps.
Ques. 9 Ans. The Wagon was taken to Head Quarter Camp, near the Cemetery. I went to try and get the horses and the Cow back - they said that they had use for the horses, and they were going to eat the Cow. I saw the horses at the Camp.
Ques. 10 Ans. I did not see the horses used in harness, and did not see the Cow after she was taken from the field. I never saw the Wagon after it was taken. I only know that they told me they had use for all the property. I said nothing about the grass.
Ques. 11 Ans. I made such complaint only as asking for the property, that is the horses and Cow. I did not know the name or rank of the officer.
Ques. 12 Ans. There was no receipt asked for that I know of.
Ques. 13 Ans. The property was all taken in the day time. The Wagon was taken about 11 o'clock and the Cow in the afternoon and I suppose the horses in the morning - there was no secrecy so far as I saw.
Ques. 14 Ans. The Army was encamped in and around the town. The horses were taken the day after they reached Staunton and the Cow next day following that, and next day the Wagon. They turned the horses & mules in on the grass the same day they came. They remained in camp three or four days. The Battle at Piedmont took place on Sunday before they got here. I did not know any Quarter Master or other officer. I only know that it was called General Hunter's Army.
Ques. 15 Ans. The horses were fat and fine the bay horse I think was about 8 years old. It was a fine work horse. I think he was worth about $160. The Grey was about 5 years old in good order, and a splendid work horse. I think he was worth $175. The Cow was very large and young & very fat. I know she was worth $50. The Wagon was new, iron axles and new body with side rubbers - it was worth at least $125. The grass was Clover & Timothy, very heavy and I think would have averaged 3 tons to the Acre. I do not know how many acres there were, but judge about 14 or 15 acres. I do not know what hay was worth. The Plank and most of the Posts were used.
The same Witness in relation to the loyalty of the Claimant -
I had known the Claimant during the War and for years before it. I belonged to him - I saw him every day during the war. We often talked about the War, and he was bitterly opposed to the War. I never heard him talk in presence of others, he was a very quiet man but he was always free in talking to me. he used to set for hours and talk to me about it and always was against it. I of course was in favor of the Union. When the news came that Lee had surrendered he came to me and said Well Henry, you are free. I want you to work for me and I will give your more wages that I would any one else. I never had any reason to doubt his being a sincere loyal man. I never talked with him about the value of the property.
Further this deponent saith not
Henry Carter his mark
Testimony: Benjamin F. Points
Deposition of Benjamin F. Points
My name is Benjamin F. Points, my age 63 years. My residence Staunton, Va. My occupation a Copper Smith. I am not related to the Claimant and have no benefit in the claim. I have known the claimant from my boyhood, we have both resided in this town all our lives and always quite intimate. I had frequent conversations with him during the War and he was invariably opposed to the War. Never at any time did he change in his opposition to it. He is a very quiet man and seldom expresses his opinion or mixes with people especially in Exciting Times. After the War commenced I differed with him but our difference never made any change in our social intercourse and I never named his opposition to the war to any one for the reason that if it had been known he might have been annoyed in consequence. The claimant is one of the oldest and most reputable citizens of the Town. I have understood that he fed the Union soldiers when they came here, and also that he would not deny meals to the Confederate soldiers. Our conversations were always alone and from his expressions to me, I could not have testified that he was in favor of the War and that his sympathies were with the South if she had gained her independence.
B.F. Points
Bibliographic Information : Southern Claims Commission: Claim of Adams Lushbaugh, March 7, 1873, Claim No. 19,932, Source copy consulted: National Archives, Washington D.C., fiche #1480.
