Summary: Daniel Fishburn filed this claim August 11, 1871, for $1105.50, claiming that Union troops confiscated 2 mares, 8 sheep, 6 hogs, corn, butter, bacon, lard, salt beef, apple butter, sorghum molasses, vinegar, and hay. The claim originally belonged to Fishburn's mother, Lydia (or Lidia) Fishburn, and for that reason was disallowed in 1872 (specific date of disallowment not given). Lydia Fishburn later filed her own claim, which the Commission allowed in 1876.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 2 Mares at $200 | $400.00 | 0 | $400.00 |
| 50 bush. Corn | $50.00 | 0 | $50.00 |
| 6 Sheep at $6 | $36.00 | 0 | $36.00 |
| 6 Hogs $20 | $120.00 | 0 | $120.00 |
| 550 lbs Bacon .25 | $137.50 | 0 | $137.50 |
| 75 lbs Butter .40 | $30.00 | 0 | $30.00 |
| 50 lbs Lard .30 | $15.00 | 0 | $15.00 |
| 300 lbs Salt beef .15 | $45.00 | 0 | $45.00 |
| 20 gallons Apple butter $1 | $20.00 | 0 | $20.00 |
| 30 gallons Sorghum molasses 1 | $30.00 | 0 | $30.00 |
| 40 gallons vinegar at .50 | $20.00 | 0 | $20.00 |
| 100 bush. Corn at $1 | $100.00 | 0 | $100.00 |
| 3 1/2 Tons Hay at $20 | $70.00 | 0 | $70.00 |
| In addition, a quantity of provisions cooked for soldiers, of which no charge is made | 0 | 0 | 0 |
Claims Summary:
This claim is wholly rejected.
Report -
It appears that this claim originally belonged to Lydia Fishburn the mother of the claimand Daniel Fishburn. He states in his petition & testimony that the claim belonged to her & that she has assigned it to him. As such assignment is directly against the U.S. Statute & void, the claimant has no right in the claim & is rejected.
A.O. Aldis
Commrs of Claims.
Testimony: Daniel Fishburn
United States of America
State of Virginia
I W.G. Riley, a commissioner selected and designated by the Commrs of claims appointed under the Act of Congress of March 3, 1871, to take and record testimony, Do hereby certify that the reason for and the fact is the matter of claim of Daniel Fishburn vs. the United States of America and the witnesses herein named being first duly sworn answereth as follows.
Ques 1st Witness says that I resided in Augusta Co. Va. and was at home all that time attending my farm.
Ques 2. Witness says that he resided at the same place named in previous answer where he remained in person attending his farm and did not change his residence.
Ques 3. Witness says. He did not pass beyond the Military or naval lines of the U.S. and enter the rebel lines.
Ques. 4th. Witness says - that he never did take an oath or affirmation bear allegiance to the so called Confederate States, or to aid or support them in any way or to bear true faith or yield obediance to them.
Ques. 5th. Witness says - Yes I swore allegiance to the United States in 1865 at Staunton Va. which was after the war closed, I never was pardoned by the President, I had no need of pardon.
Ques. 6th. Witness says - I was taken into the service in February 1865 and reamined two days, but did not do any service. I was placed as a guard over the Commissary department for 24 hours, and I did when I took the gun Thank God that I had a gun marked U.S. on it. I was required to take no oath for such service.
Ques. 7th. Witness says. I held no office or place of trust in the honor or profit under the Confed. Government.
Ques. 8th. Witness says I did not hold any clerkship or agency of any kind for the so-called Confed. States.
Ques. 9th. Witness says - I never was in, in any capacity in the Military or Naval service of the so-called Confed. States.
Ques. 10th. Witness says - He never held an office or was a soldier of marine in the Confederate Army or Navy. I never furnished a substitute for the Confed. Army or Navy Nor was I directly or indirectly connected with the same. Never was employed in the Quarter Masters department, Commissary department or any other department of the so-called Confederate States.
Ques. 11th Witness says. I never furnished any stores, or supplies to the Confederate States - I never give any information to any officer, soldier or sailor of the Confederate Army.
Ques. 12th} Witness says - That I never was engaged directly or indirectly in manufacturing for the Confederate Government.
Ques. 13th} Witness says - I have never aided the Confederate Government in any way whatever.
Ques. 14th} Witness says I never was in any way engaged in blockade running I never was engaged in illicit traffic or any way interested therein.
Ques. 15th} Witness says. I did not leave the Confederate States between the 19th April 1861 and the 19th April 1865.
Ques. 16th} Witness says. I never had or any interest or part owner of any vessel used upon any of the waters of the Confederacy.
Ques. 17th} Witness says - Never except when taken and made guard of the Commissary in Feb 1865. I was arrested at my home by Confederate soldiers and kept 24 hours as guard aforesaid. I took no oath to affect my release.
Ques. 18th} Witness says - A Confederate officers took Cattle, Wheat and Corn for the use of the Confed. Army I received no pay therefor.
Ques. 19th} Witness says I was never threatened by any officer or soldier of the Confederate Army with damage or injury to my person, family or property on account of my Union sentiments.
Ques. 20th} Witness says. He was never molested or injured on account of his Union sentiments, but in such way as all men suffered with my sentiments.
Ques. 21st} Witness says - I had no opportunity of contributing anything to the U.S. Government.
Ques. 22d} Witness says that he advised all young men of his neighborhood to leave the Confederacy and join the U.S. Army and some did so.
Ques. 23d} Witness says. I had one brother in the Confederate Army, and had in the Union Army two brothers, and three nephews. I contributed nothing to equip them in any way whatever.
Ques. 24th} Witness says - I have never owned any Confederate Bonds, or contributed anything to support the credit of the so called States.
Ques. 25th} Witness says I have never given aid or comfort to the rebellion.
Ques. 26th} Witness says I never was engaged in making raids into the United States from Canada, or in destroying the Commerce of the U.S. on the Lakes and rivers adjoining Canada.
Ques. 27th} Witness says I never did hold in custody, any person taken by the rebel Government as prisoners of War.
Ques. 28th} Witness says - No, he was never a member of any society or association for the imprisonment, expulsion, execution or other persecution of any persons on account of their loyalty to the United States.
Ques. 29th} Witness says - I never was a paroled prisoner of the United States.
Ques. 30th} Witness says. He never held any office in the Army or Navy of the United States. Was not educated at West Point or at the U.S. Naval Academy.
Ques. 31st} Witness says I never had a pass from any officer of the Confederate Government for any purpose whatever.
Ques. 32d} Witness says - I never was under any disabilities imposed by the 14th Amt. to the Constitution of the U. States - I have held under Military appointment the office of Registrar and Justice of the Peace since the War, and took the so called Iron Clad oath.
Ques. 33d} Witness says. At the beginning of the rebellion I sympathised with the Union Cause and not with the rebellion. I did not vote for or against the Ordinance of Secession. I did intend to vote against the ordinance, but Union men were threatened with being hung and I did not vote at all. I adhered to the Union cause and for the Union against the State.
Ques. 34th} Witness says. I do solemly declare that from the beginning of hostilities to the United States, to the end thereof my sympathies were constantly with the United States, and that I never offered, sought or attempted to do anything to injure said cause or retard its success, and was ready at all times to aid the Cause of the Union, as far as my means and power and the circumstances of the case permitted.
Questions by the Commissioner.
Ques. 1st} How old are you, Where do you reside and what is your occupation?
Ans. I am 51 years old, I reside in Augusta Co. Va. My occupation is a farmer.
Ques. 2d} Do you think the property specified in your petition is worth what you have charged?
Ans. I do think it is.
Further this witness saith not.
Daniel Fishburn
Testimony: Samuel Landes
Samuel Landes a witness being introduced by Daniel Fishburn being duly sworn answereth as follows.
Ques. 1st} Question by the Commissioner.
How old are you, where do you reside and what is your occupation? How long have you known the Claimant?
Ans. I am 49 years old, reside in Augusta Co. Va., am a Miller By occupation - I have known the Claimant about 14 years.
Ques. 2d} Did you see him often during the War?
Ans. I was intimate with him during the War. He, being my confidential friend during that time - I was an adherent to the Union Cause and was so regarded by the Claimant - The Claimant was a Union Man and so regarded by his neighbors, I have heard him very much abused because of his Union sympathies - He contributed nothing to the Union Army that I know of. I have heard threats of this kind made, "That all such Union men ought to be driven out of the country." I never knew him to do anything to aid the rebel Government.
Ques. 3d} Do you know any act done or languages used by the Claimant which would have prevented him from establishing his loyalty to the Confederacy if it had been maintained as a seperate Government. If so state the same particularly.
Ans. I do not think he could have remained in the South at all, because of his strong Union sentiments and sympathies.
Further this witness saith not.
August 14th 1871
Samuel Landes
Testimony: Alexander Anderson
Alexander Anderson, a witness introduced by Daniel Fishburn being duly sworn answereth as follows.
Ques. 1st} How old are you, where do you reside, What is your occupation?
Ans. I am 66 years old, I reside in Augusta Co. Va. and am a farmer.
Ques. 2d} How long have you known the Claimant and his mother Lydia Fishburn who was the original owner of the property taken by the Union Army.
Ans. I have known Mrs. Lydia Fishburn all my life, she is the mother of the claimant, Daniel Fishburn. I saw both the claimant and his mother during the War. They were both loyal to the United States Government, and so far as I know, were so regarded by their neighbors. I never knew them to do anything to aid the Union Army. I have not known either of them threatened with damage or injury, except driven from the county because of their Union sentiments. I never knew of the Claimant or his mother to contribute anything voluntarily to the Confederate Cause, whatever.
Ques. 3d} Do you know any act done or languages used by the claimants which would have prevented him or her from their loyalty to the Confederacy, if it had been maintained as a seperate Government? If so, state the same particularly.
Answer: They were too true to the Union Cause to be considered loyal to the Confederate Government if it had been successful.
Further this witness saith not.
August 14th 1871
Alexander Anderson
Testimony: Sallie L. A. Fishburn
Sallie L. A. Fishburn, a witness introduced by Daniel Fishburn, to prove the taking and value of the property charged by the claimant in his petition, being duly sworn Answereth as follows.
ques. 1st} Witness Says Were you present when any of the Articles or property specified in the claimants petition were taken?
Answer. I was present.
Ques. 2d} Did you see any of them taken? If so, specify the articles you saw taken.
Answer - I saw all the articles named in the petition taken.
Ques. 4th} When and where and by whom were the articles taken, which you say you saw taken?
Answer. The Articles were taken on the 7th day of June 1864 from my mothers farm. The horses were taken by Genl Averill's men, and the other property was taken subsequently by soldiers of the United States Army but I do not know whose command.
Ques. 5th} Who were present when you saw them taken?
Ans. No one except my mother.
Ques. 6th} Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank regiment and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?
Ans. There was no officer present.
Ques. 7th} Witness says. One horse was taken out of the stable and one from the plow in the field. The sheep were drove off and the other articles carried off.
Ques. 8th} Witness says, All the articles except the horses and sheep, were carried away on horses by the soldiers.
Ques. 9th} Witness says. To their camp, which was near to my mother's farm, I did not follow it to the camp, I did not see the property in the Camp but did see it on its way.
Ques. 10th} Witness says. I suppose it was taken for the use of soldiers and for Army purposes. I did not see it used. I saw one of the horses the next day in the use of the soldiers, but that was the only article of property I did see after the taking.
Ques. 11th} Witness says - I did not see any officer.
Ques. 12th} Witness says - That the soldiers told my mother, that if she would come to Staunton, Va. she could get a receipt, but there was none ever asked for, or received.
Ques. 13th} Witness says. It was taken in the day time, the horses were taken in the forenoon and the other articles in the afternoon. Nothing taken secretly.
Ques. 14th} Witness says that when the horses were taken there was no camp nearer than Staunton, but when the other articles were taken by Genl. Sheridans Army they encamped a 1/4 mile from the house. They only remained one night - There had been no battle or skirmish near there - I did not know any Quarter master or any officers of the Army for whom the property was taken.
Ques. 15th Witness says. The horses were in good condition and very valuable. The Corn was taken partly from the crib and partly from the field which had been husked and lying in the field. One horse was 5 years and the other 6 years old. The sheep were very fat and large size. I do think that the charges in the petition are not too high. I never talked with Claimant about the value.
Ques 16th} Witness says I know the quantity of Corn cribbed and none had been moved and supposed the quantity taken from the field - I saw it all taken and removed, as it was taken in my presense.
Ques. 19th} Witness says - I suppose it was all taken for the use of the Army, and suppose they did need it.
Ques. 20th} Witness says. That it was impossible for the Government to reach the Army with the necessary supplies at that time.
Ques. 21st} Witness says. I believe their necessitites compelled them to take it.
Ques. 22d} Witness says I believe it was so useful and beneficial to the Army as to warrant the Government in paying for it.
Ques. 23d} Witness says. I believe that it was taken under orders, as the soldiers said the were ordered to do so.
Questions by the Commissioner
Ques. 1st How old are you, where do you reside, What is your occupation and how long have you known the claimant?
Answer. I am 32 years old, I reside in Augusta Co. Va. I reside in Augusta Co. Va. Housekeeper. I have known the claim claimant all my life.
Further this witness saith not.
August 14th 1871
Sallie L.A. Fishburn
Sworn to & subscribed before me this 14th day of August 1871
W.G. Riley
United States Commissioner and Special Com. for State of Va.
Testimony: M. C. Fuller
Rejected Dec 9/72 -
OFFICE OF THE Commissioners of Claims, Washington, D.C. No 2136, Daniel Fishburn, Augusta Co. Va.
I am well acquianted with Danl Fishburn, lives on Middle River between Staunton & Spring Hill, is as strong a Union man as ever lived, never knew of his doing anything for the Confederate Govt. during the war.
informant M.C. Fuller
from S.E. Chamberlins Spel.
Testimony: Daniel Fishburn
The Petition of Daniel Fishburn respectfully represents:
That he is a citizen of the United States and resides at present in the County of Augusta State of Virginia
That he has a claim against the United States for property taken during the late war from Lidia Fishburn who has assigned said claim to your petitioner
That all the items in the above schedule were of the full value therein set forth and were taken from the party assigning said claim to your petitioner for the use of and were used by the United States army that the items marked No 1 were taken by the troops under General Averil at the time General Hunter made his march through the Valley of Virginia. that the Items marked No 2, 3 & 4 were taken by the Cavalry forces under the Command of General Custer in September 1864 when General Sheridan marched as far as Waynesboro in Augusta County. And the other items marked No 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 were taken by the troops under General Sheridan when that General made his march through the Valley of Virginia in the month of March 1865
That no voucher, receipt other writing given therefor but the officers taking said property directed the owner thereof to keep a memorandum of it promising to see that it was paid for.
That your petitioner resided at the time said claim accrued in the County of Augusta & State of Virginia where he now resides. And that said Lidia Fishburn also resided & still resides in same County & State.
That Lidia Fishburn the Mother of your Petitioner was the original owner of said claim, and that she has since the said claim accrued assigned the same to your petitioner Danl the present owner of the same.
That your petitioner and the said Lidia Fishburn remained loyal adherents to the cause and the Government of the United States during the war, and were so loyal before and at the time of the taking of the property for which this claim is made.
That said claim has never before been presented to any officer or Department of the Government of the United States for adjudication.
Wherefore your petitioner pray for such action of your Honorable Commission in the premises, as may be deemed just and proper.
Witnesses: John McKinneyJames W. BaldwinDaniel Fishburn
Bibliographic Information : Southern Claims Commission: Claim of Daniel Fishburn, August 11, 1871, Claim No. 2136, Source copy consulted: National Archives, Washington, D.C., fiche # 458.
