Summary: Lewis Defenbaugh filed this claim August 15, 1871, for $300.00, claiming that Union troops confiscated 1 horse and 1 mare in June 1864 from his property near Staunton, Augusta Co., Va. The claim was disallowed (date of disallowment not given; claim was still active in 1874).
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 horse | $150.00 | 0 | $150.00 |
| 1 mare | $150.00 | 0 | $150.00 |
Claims Summary:
Claim rejected.
The claimant voted for Secession - says "he was scared into it" "as they told me if I did not they would punish me severely." He does not tell who said so, or where, or give any data by which we can ascertain whether he tells the truth or not. - It is not by such general assertions, which can neither be proved or disproved by investigation, that such claimants can be allowed to establish duress.
He says he served six weeks as a guard to guard wagon trains - says he "was forced in" nothing more.
There is little in the Evidence to show loyalty - nothing sufficient to counterbalance this Evidence.
Claim rejected.
A.O. Aldis
Commrs of Claims
Testimony: Lewis Defenbaugh
United States of America
State of Virginia
I, W.G. Riley a commissioner selected and designated by the Commissioners of Claims appointed under the act of Congress of March 3rd 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 Lewis Defenbaugh vs. the United States of America and the witnesses 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 I have resided there for twenty years.
3 Witness says - I did not pass beyond the military or Naval lines of the United States and enter the Rebel lines.
4 Witness says - I took an oath to the Southern Confederacy, but I do not know what it was.
5 Witness says - I have taken the oath of allegiance to the United States. I have never been pardoned by the President.
6 Witness says - I was never directly or indirectly connected with the civil service of the so called Confederate States.
7 Witness says - I never held any office or place of trust under the Confederate Government.
8 Witness says - I never held any clerkship of any kind under the Confederate States.
9 Witnesss says - I was forced into the Confederate service as a reserve to guard wagon trains I acted in that capacity for six weeks.
10 Witness says - I never was connected with any department of the Confederate service either directly or indirectly. I never had charge of any stores or supplies for the use of the Confederate States voluntarily.
11 Witness says - I have never done any thing whatever for the Confederate States voluntarily.
12 Witness says - I have never aided the Confederacy in any way or manner.
13 Witness says - I have never done anything at all for the Southern Confederacy of my own free will.
14 Witness says - I never was engaged in running the blockade
15 Witness says - I did not leave the Confederate States between the 19th of April 1861 and the 19th of April 1865
16 Witness says - I never was the owner or part owner of any vessel engaged in navigating the ocean to or from the Southern Confederacy.
17 Witness says - I was arrested once or twice by the Confederate Government but they could not do anything with me. I had my discharge I never was arrested by the United States Government.
18 Witness says - They took some of my grain and straw and anything they could get their hands on
19 Witness says - They did not threaten to kill me but they said my property ought to be taken from me as I was a Union man
20 Witness says - I was never molested or injured except in the way I have stated
21 Witness says - I kept two men at my house until I would get them into the Union lines
23 Witness says - I don't know whether I had any relatives in the Union or Confederate Armies or not
24 Witness says - I never owned any Confederate bonds.
26 Witness says - I never was engaged in making raids into the United States from Canada or anywhere else.
29 Witness says - I never was a parolled prisoner of the United States.
30 Witness says - I have never held any office in either the Army or Navy of the United States I never was educated at West Point or the United States Naval Academy.
31 Witness says - I never received any pass from any officer of the Confederate Government
32 Witness says - I was under no disablities imposed by the fourteenth article of the Amendments to the Constitution of the United States I have held no office since the war nor did I ever hold any
33 Witness says - I was a Union man all the war I voted for the Ordinance of Secession - I was scared into it as they told me if I did not they would punish me severely after the ordinance of secession I adhered to the Union cause and did not go with the state.
34 Witness says - I do solemnly declare that from the beginning of hostilities against the United States my sympathies were constantly with the cause of the United States never of my own free will did anything or offered or attempted to do anything by word or deed to injure said cause or retard its success and was ready at all times and willing to aid and assist the cause of the Union or its supporters so far as my means and power and the circumstances of the case would permit.
Questions by the Commissioner
Quest 1 How old are you where do you reside and what is your occupation
Answer I am fifty five years old, I reside in Augusta County Virginia by occupation a farmer and
Further this witness saith not
August the 15th 1871
Lewis Deffenbaugh
Testimony: Elizabeth Hayden
Elizabeth Hayden a witness introduced by Lewis Deffenbaugh the Claimant for proof as to the taking of the property being first duly sworn answereth as follows
Quest 1 Witness says - I was present when the horses mentioned in the claimant's petition were taken
4 Witness says - They were taken from the Claimant's farm by officers and soldiers under the command of Genl Hunter in June 1864
8 Witness says - The horses were removed by soldiers one was rode and the other was led
9 Witness says - I think they were removed to Staunton
10 Witness says - The soldiers said when they took them that they wanted them for Cavalry horses I did not see them after that
11 Witness says - There was complaint made but it did no good they said they wanted to mount Cavalry
12 Witness says - No receipt was given and none asked for
13 Witness says - The horses were taken in the daytime about nine o'clock they were taken boldly
14 Witness says - When the property was taken the army was encamped at Staunton Virginia under the command of Genl Hunter. The encampment was three miles from where the property was taken they remained there about a week there had been a battle at Piedmont a few days before the property was taken. I did not know the names of any of the officers or soldiers one I think was a lieutenant all under the command of Genl Hunter.
15 Witness says - The horses were in very good condition when taken they were young horses and worth fully one hundred and fifty dollars a piece which is the amount the Government has been charged in the petition
19 Witness says - I think they were taken for the use of the Government because the officers and soldiers said so and I suppose they were needed by the Government or else they would not have taken them
22 Witness says - I believe they were taken for some purpose so useful and beneficial that the Government ought to pay for them and Further the deponent saith not
August the 15th 1871
Elizabeth Hayden
Testimony: Mary Deffenbaugh
Mary Deffenbaugh a witness introduced by Lewis Deffenbaugh the claimant for proof as to the taking of the property being first duly sworn answereth as follows
Quest 1 Witness says - I was present when the horses mentioned in the claimants petition were taken I saw them taken, they were taken in 1864 from the farm of the claimant by the soldiers and officers under the command of Genl Hunter.
8 Witness says - One horse was led and the other was rode off by the soldiers
9 Witness says - They were carried to Staunton
10 Witness says - The soldiers and officers said that they wanted them for the use of the Government I did not see them after they were taken
12 Witness says - No receipt was given for them or asked for
13 Witness says - None was taken in the night time it was taken about nine o'clock in the day none was taken secretly
14 Witness says - When the horses were taken the army was encamped at Staunton under the command of Genl Hunter the camp was about three miles from the place where the horses were taken the army camped at Staunton about a week
I did not know any of the officers or soldiers that took the property
19 Witness says - I think they were taken for the use of the Government the soldiers said they had orders to take them
22 Witness says - I do suppose they were taken for some purpose so useful beneficial and justifiable as to require the Government to pay for them
23 Witness says - I do suppose that they were taken under the order of some officer connected with the Army whose rank empowered or justified him in taking them or ordering them to be taken. The horses were in good condition when taken and worth the amount charged in the claimant's petition
Questions by the Commissioner
Quest 1 How old are you where do you reside and what is your occupation
Answer I am eighteen years old I live near Staunton in Augusta County Virginia by occupation a lady and
Further the deponent saith not
August the 15th 1871
Mary E. Deffenbaugh
Testimony: Valentine Hupman
Valentine Hupman a witness introduced by Lewis Deffenbaugh for proof as to loyalty being first duly sworn answereth as follows
Quest 1 How old are you where do you reside and what is your occupation?
Answer I am forty one years old I reside ten miles from Staunton Augusta County Virginia by occupation a farmer
2 How long have you known the claimant
Answer I have known him twenty years I was very intimate with him during the war. I lived on the adjoining farm during the war I saw him very often during the war I talked with him a great deal about the war its causes and progress. The witness himself was an adherent to the Union cause and the claimant so regarded him I heard the claimant say that he was opposed to the war and that he was loyal to the United States Government he was regarded by all his neighbors as a loyal man to the United States Government I never knew the claimant to contribute any money or property to aid the union army. I never knew him to give information to the officers or soldiers of the Union Army his house was always open he did all he could for any body who wanted to go into the federal lines he gave me the witness ten dollars to enable me to go into the Union lines.
3 Did you ever know him to aid the officer and soldiers of the Confederate Army
Answer I never knew him to aid the Confederate Government or it's officers or soldiers or own any Confederate bonds or ever do anything for the Confederacy at all
Quest 4 Do you know any act done or language used by the claimant which would have prevented him from establishing
(following page missing)
Testimony: London Horitz
(preceding page missing)
in the petition
Answer I do I have known him for twenty years I reside between six and seven miles from him I saw him very often during the war I heard him talk about the war he was loyal to the United States Government and so expressed himself at all times he was regarded as a loyal man to the United States Government by his neighbors I don't know that I ever heard him or his family threatened on account of his Union sentiments I never knew him to aid the Confederate Government in any way I never knew him to own any Confederate bonds or do anything to sustain the credit of the Confederate States
Quest 3 Do you know of any act done or language used by the claimant which would have prevented him from establishing his loyalty to the Confederacy if it had been maintained as a separate Government if so state the same particularly
Answer He was too loyal to the United States Government to have been considered loyal to the Confederacy if it had been maintained as a separate Government and
Further this deponent saith not
August the 15th 1871
LondonHoritz
Sworn to & subscribed before me this 15th day of August 1871
W.G. Riley
(seal)
United States Commissioner and special Com for State of Va
Testimony: James A. Scott
I am acquainted with Lewis Defenbaugh who lives on Stribling road about 4 miles from Staunton I worked for him several months during the war cutting cord wood on shares the second year after the war commenced. He was then about 48 years of age and a Union man.
I talked with him frequently at this time he seemed a very quiet man and a great man to his own business he had at this time two sons at home about 16 & 18 years of age. I don't think they were either of them in the war at any time he expressed himself freely as a Union man. He was opposed to owning slaves. I do not know of his voting for or against Secession. I never knew of his doing any thing for either side during the war a kind of neutral man.
James A. Scott
Preacher in Charge
Sworn and subscribed to before me this 14th day of Sept 1874 at Leesburg Co. Va.
S.E. Chamberlin
Special Commissioner
Testimony: L. V. Hupman
I am a farmer and during the war lived about 3/4 of a mile from him Lewis Deffenbaugh have known him all my life. I know him to have been a Union man if there ever was one. There is no question about that. I have heard him talk often he was opposed to the War. He done all he could to keep his son out of the Confederate Army, who was old enough to do service the second year of the War. And when he came home on furlough he concealed him and sent him through the Union lines. They had him in the home guard a while, that he could not help. He done all he could to any one that wanted to keep out of the Confederate Army. he lost some horses by the Union troops I do not know how many, but I know he lost some horses not less than two. I did know how many but I have forgotten. I never knew of his doing anything for the Confederates. I was in the Confederate Army, and always regarded him as a strong Union man and he was known as such by all of his neighbors.
L.V. Hupman
Sworn and subscribed to before me this 18th day of August 1874 at Staunton Va.
S.E. Chamberlin
Special Commissioner
Testimony: M. C. Fuller
Aldis
OFFICE OF THE
COMMISSIONERS OF CLAIMS
Washington D.C. May 5th 1874
MEMORANDUM: No 11252
Lewis Defenbaugh
Augusta Co. Va.
I am very well acquainted with Lewis Defenbaugh, he was a Union man during the war.
[He voted for Secession & served 6 weeks as a guard in the rebel service], Mr. Chamberlin must be on his guard
Informant
M.C. Fuller
From
S.E. Chamberlin
Spl Com
Testimony: S. E. Chamberlin
Staunton Va Sept 19th 1874
Claims Commissioner
Gentlemen
I herewith transmit the Statements of L.D. Hupman and James A. Scott pertaining to the claim of Lewis Deffenbaugh 11202
From all the information that I am able to obtain Mr. Deffenbagh was considered a Union man during the war, a hard working farmer illiterate but honest in all respects he frequently expressed himself opposed to the war. He was in the Home Guard for a time but went reluctantly and was compelled to go. he had a son in the Rebel Army against his will, and the very first opportunity he had he aided him to escape over the Union lines. Maj. P.M. at his place says of him "I know Lewis Defenbaugh well knew him during the war and lived near him he was a timid man but a Union man he refused to sell me some clover and at one time during the war because I was a rebel, he voted for the ordinance of secession through the influence of Col. Geo. Baylor who was elected as a Union man to the convention he told him that it would be the best thing to do to prevent war he can not read or write but is a very sensible man and there is no better citizen"
The evidence given by Mr. Fuller was in connection with the names of several other claimants on the printed list Defenbaughs case then not being placed in my hands for investigation.
Very Respectfully Yours
S.E. Chamberlin
Special Agent
Bibliographic Information : Southern Claims Commission: Claim of Lewis Defenbaugh, August 15, 1871, Claim No. 11252, Source copy consulted: National Archives, Washington, D.C., fiche # 1453.
