Summary: Eli A. Garber filed this claim January 12, 1874, for $100, claiming that his two milch cows were driven off by Union troops, being part of a larger herd owned by his father, Samuel Garber. The confiscation occurred during the burning of the Valley of Virginia in September 1864, and Samuel Garber's barn was burned as the cattle were confiscated. Despite the Claims Commission's satisfaction that Eli Garber was in fact loyal to the Union, the claim was disallowed on a technicality: many of the cattle taken during the Valley burning were sold and the money paid to the Treasury. Therefore, the cattle were not necessarily used as army supplies. The claim was disallowed in 1876.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| Two Milch Cows | $100.00 | 0 | $100.00 |
Claims Summary:
The Claimant files testimony to establish his loyalty. But it appears from the proof in the case that Sheridan's troops were on the Burning Raid at the time the cattle were driven off by them. The Barn was burned and the stock driven off in order to cut off the supplies of the Rebel Army. As many of the cattle taken at the time were subsequently sold and the money paid into the Treasury we cannot therefore find without direct proof of the fact that these cows were taken as supplies for the Army, We therefore reject the Claim.
AO AldisJB HowellO. Ferris Commrs of Claims
Testimony: Eli A. Garber
In answer to the First General Interrogatory, the Deponent says: My name is Eli A. Garber, my age 36 years, my residence Augusta County, in the State of Virginia, and my occupation a Farmer; I am the claimant, and have beneficial interest in the claim.
Interrogatory 2. I lived in Augusta County Va. until the 1st week of Jany 1864 when I in company with 12 other young men including two of my brothers started for Penna and when we had gone about 26 miles we were intercepted by some rebel pickets or scouts, and part of our party were captured, I among them. While being taken to their head quarters we resisted and compelled the guards to release us. I then went home and bewteen Saturday night and Sunday night I raised 25 refugees, among them a number of rebel Soldiers, and having armed ourselves we all started together and went through to New Creek station on the B & O R. Road and crossed over into Maryland and staidin the Northsince until the War closed.
3. No sir.
4. Yes sir. In July 1861 when the militia were called out I was compelled to go to with them to New Hope and to Staunton and when at New Hope, the oath of allegiance or some kind of an oath was administered to us while standing in a line. I think it was not to give any aid or comfort to the enemy. I did not sign any paper. When the oath was first proposed I just refused to take it but was threatened with being sent to Richmond if I refused, and I agreed to the form, knowing there was no Confederacy and that it was not binding.
5. Yes sir. I took it at Mt Sidney soon after the war. I took the oath of allegiance to the U.S. at New Creek Station when I went north in Jany 1864.
6 to 10. No sir. I had nothing to do with them in any way.
11 to 14 inclusive. When I was at Staunton, my Father & Mother were so exercised about my going in the militia that they came to Staunton every day trying to get me off and I told the men and our Lieutenant I would not fight if they took me, that I would leave the first opportunity I got. My father at last hired a man in my place and I went home. The quota of volunteers was not then made up and my parents were afraid I would have to go.
15 to 21 inclusive. No sir.
22. Yes. I went north early in 1864.
23. No Sir.
24. Yes. When trying to escape north.
25. Yes. They took away my two horses after I had gone north. When they took my horses they told my wife if I would come to Staunton I could get them. They knew I was gone north. I was never paid for them.
26 to 28 inclusive. No Sir. The Union Army never came through here until after I had gone north.
29 Yes sir. I assisted a large number of persons to escape from the confederacy. I was engaged in this business about 18 months, and helped many citizens and soldiers and put them on the route through the mountains to the Union lines.
30. None nearer than one cousin, and I assisted him to escape north. I had relatives in the Union army.
I had three brothers here liable to do military duty and all four of us went north. None of our family were in the rebellion in any way.
31 to 39 No sir.
40 & 41 I sympathized with the Union Cause all the time. I did not believe in Secession and spoke against it all I dared to do. I could not say much in some crouds as it was not safe to express Union sentiments. I don't think I voted for the candidates to the convention and when the vote was taken on Secession my impression is that I was away from home and that I did not vote. I am not perfectly clear on the subject.
After the State Seceeded I adhered to the Union. My sentiments were Union all the time, and I did all I could in aid of the Union cause.
Property
In answer to the interrogations as to the taking of the property
Deponent says I was not present and did not see my cows taken. I was in Pennsylvania at the time.
They were taken from my fathers place and were with his stock when taken.
The cows fine large Durham milch cows, excellent for milk and Butter. I considered them worth not less than $50 a head.
I am a native born citizen and have not passed through Bankruptcy.
And further the deponent saith not.
Eli A. Garber
Testimony: Anna Garber
Deposition of Anna Garber as to the Property.
I am 62 years old, live in Augusta Co. Va. I am the mother of the claimant. I have no interest in his claim.
In the fall of the year 1864 while a body of cavalry men passing our farm at the time of the burning a party of 25 or 30 men rode in to our barn and set it on fire and drove off all the cattle on the place except three calves. I forget the exact number of cattle we had, but think it was 11 head. Two of them belonged to my son the claimant who was then in Penna
The cattle belonging to the claimant were two very fine Durham milch cows that were prized highly. They were excellent stock and good milkers and were in nice order when taken away. The were young and of superior breed and were worth more than ordinary cows.
And further deponent saith not.
Anna Garber
Testimony: Samuel Garber
Deposition of Samuel Garber as to the Property
I am 64 years old, a farmer, live near New Hope in Augusta Co. Va.
I am a father of the claimant. I have no interest in his claim.
I was present at my house on my farm near New Hope when a portion of cavalry of the Army of Gen Sheridan were passing my place in the fall of 1864 in Sept, and I saw some 25 or 30 of the party ride in towards my barn and soon saw it in flames. The same party drove off all our cattle but a few calves who were not with the others. There were about a dozen in all driven away at that time. Among them were two very very fine Durham cows belonging to my son the claimant who had gone across the lines and was in the north. The cows were not ordinary ones, but were very fine ones in good order and excellent for milk and butter. I consider such cattle worth any time $50 a head tho he paid more than that for them and further deponent saith not.
Samuel Garber
Testimony: John Yates
Deposition of John Yates as to the Loyalty of Eli A. Garber
I am 65 years old. I am Postmaster at Mt Sidney. I am an "Iron Clad" Union Man. I was imprisoned in Castle Thunder for aiding refugees to escape and sent to Staunton for trial but before the time came I was released by the forces of Gen. Sheridan.
I have no interest in the claim of the claimant and am not related to him.
I have known the claimant 10 or 12 years. During the War, until he went north I lived within 1/2 mile of him and saw him very often, had frequent conversations with him on matters relating to the war. He always expressed himself as opposed to the confederacy. I have heard him speak strongly in favor of the Union cause and the loyal party at the north. He started to go north once with a party of refugees but returned and took a large party with him as I heard.
He was well and generally known as a strong union man by the loyal element around here. I have heard him spoken of as such by many and further the deponent saith not.
John Yates
Testimony: Daniel Bowers
Deposition of Daniel Bowers as to the loyalty of Eli A. Garber
I am 43 years old, a Printer, live at Mt Sidney Augusta County Va.
I am not related to the claimant and have no interest in his claim.
I have known the claimant about 20 years. During the war I did not see much of him until early in 1863. When he came to Mount Sidney to work on his father in laws farm and I became quite intimate with him. We had much talk on the subject of the rebellion, and how to keep out of the army and about the war. He said he was opposed to Secession and the War, and that he never intended going into the Army. I cannot relate his conversation on the subject of the Union, but I am positive he had no sympathy with the rebellion. I think he sympathized with the Union cause; I think so because he left this county and went north, and because he done a great deal to assist others to escape from the confederacy. I know he was quite active in that business, and that through his assistance a good many made their escape and went north. I was one myself of a party of 25 or more who started from the vicinity of Mt Sidney and landed at New Creek Station on the B & O R. Road about 23 miles above Cumberland, who were got together mainly through Claimant's agency. I don't remember hearing him say anything about fighting in the union army. His main object appeared to be to keep out of the Army himself and to help as many others to keep out as he could. I have heard the claimant spoken of as a true Union man. I heard Mr. Yates say so for one. It was about the time the refugee party were preparing to go away. I regarded the claimant as a union man myself, and believed him loyal to the United States. The Union forces were never came to this country until after the claimant had left.
And further deponent saith not.
Daniel Bowers
Testimony: Isaac P. Baldwin
No doubt about claimants sentiments being Union.
Isaac P. Baldwin Special Commissioner
Testimony: John Yates and John C. Humbert
We the undersigned Loyal citizens of Augusta county Virginia do certify on oath that we have known Eli A. Garber for many years and know him to have been Loyal to the Government of the United States before and at the time of the and since the taking of the property in the claim and petition mentioned.
John Yates Mt Sidney John C. Humbert New Hope
Sworn to and subscribed before me this 29th April
1871
H.G. MCausland N.P.
Bibliographic Information : Southern Claims Commission: Claim of Eli A. Garber, January 12, 1874, Claim No. 2560, Source copy consulted: National Archives, Washington, D.C., fiche # 2194.
