Summary: William and Alexander Gibson, sons of William Gibson (deceased) and executors of his estate, claimed that Union troops confiscated 9000 pounds of beef and 2 horses from their father's farm near Arbor Hill, Augusta Co., Va. The testimony reveals that the "fresh beef" were actually live cattle. The Claims Commission ruled that a portion of the claim had already been paid ($210) and that the remainder of the claim was unsubstantiated; thus the claim was disallowed in 1874.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 3000 pounds of fresh beef @ 7 cts. | $210.00 | 0 | $210.00 |
| 6000 pounds of fresh beef @ 7 cts. | $420.00 | 0 | $420.00 |
| 2 Horses, Matched bays, star in face, aboue 16 hands high | $300.00 | 0 | $300.00 |
Claims Summary:
The deceased William Gibson lived in Augusta Co. Va. - The Exrs. are his sons.
The son Wm says he was conscripted in '62, after the Conscript law was passed, into the rebel army & remained in the service till some time in 1863 when he was discharged. He does not give the dates of his entry or discharge. He probably was in the rebel Army over a year. He says his service was "involunteer" - "was conscripted." There is nothing to show this but his pan assertion - no facts or circumstances stated so that we can judge whether voluntary or not. The third Auditor it seems has allowed a voucher for $210. worth of beef. Whether he knew of his service in the rebel army does not appear - but it is probable that he was not informed of it.
As to the other heir of the father the proof of loyalty might be deemed sufficient.
But it appears that the items 1 & 2 charged as beef were really 18 head of cattle all taken at one time; that the deceased soon after, perhaps the same day, got a receipt for $210 - it is clear that he would have got a receipt for the whole, as well as for a part, if the whole number 18 were really taken or, were not in part paid for at the time. No one can give any reason why a receipt for the whole was not given; & we are satisfied that either a part was paid for; or that a part did not come to Army use; or that the number or value are much exaggerated and that the whole were not worth over $210. - The $210 has been paid.
The horses were taken "after dark" by "several" soldiers. No officers were present. They said they were needed for the Army. There had been skirmishing near there that day. - These, are all the circumstances of the taking & they indicate lawless rather that lawful taking - Claim rejected.
A.O. Aldis Commr of Claims
Testimony: William Gibson
United States of America State of Va.
I W.G. Riley, a commissioner selected and designated by the Commrs. of Claims, appointed under the Act of Congress of March 3d 1871 to take and record testimony. Do hereby certify that the reason for taking the following depositiions is and the fact is the matter of claim of William and Alexander Gibson, Exrs of William Gibson deceased Vs. The United States of America and the witnesses herein named being first duly sworn answereth as follows.
Ques. 1st Witness says being William Gibson one of Executors of William Gibson dec'd. Witness says I resided in Augusta Co. Va. at home personally during that period farming.
Ques. 2d Witness says I resided at home between April 1st 1861 & June 1st 1865, except what time I was conscribed by the Confederates and my residence in Indiana.
Ques. 3d Witness says I did not pass beyond the Military or Naval lines of the United States and enter the rebel lines, but did pass from the rebel lines to the U.S. lines
Ques. 4th Witness says I have no recollection of ever taking an oath or affirmation to support or aid The Confederacy.
Ques. 5th Witness says I took an Amnesty oath at New Creek, W. Va. April 5th 1865, after voluntarily leaving the rebel lines.
Ques. 6th Witness says I never exercised the function of any office whatever in the Confederacy.
Ques. 7th Witness says I never held an office under the Confederate Government or any State or Territory subordinate thereto.
Ques. 8th Witness says I had no clerkship or agency of any kind.
Ques. 9th Witness says I was conscripted soon after that law was enacted, I think in 1862, and was discharged in 1863, and never thereafter entered the army. (rebel)
Ques. 10th Witness says I never was in the rebel Army or service, in any capacity except as an involunteer conscript.
Ques. 11th Witness says, None whatever, except what I say in my previous questions answers. I never give any information of any kind whatever to the Confederate Authorities.
Ques. 12th Witness Says. I was not engaged or assisted in the manufacture of any thing whatever to aid or support The Confederate Government or Army.
Ques. 13th Witness says I never was directly or indirectly employed in any manner for the collection of stores, supplies or other articles, and had no share or interest whatever for such purpose.
Ques. 14th Witness Says. I never was engaged in blockade running or illicit traffic or intercourse between the lines nor was I interested therein. I never had any interest or share in any goods, wares, or merchandise brought into or exported from the Confederate States.
Ques. 15th Witness says I left the so called Confederate States in the spring of 1865 and went to Indiana. I went for the pupose of getting clear of the rebel Government. I was absent until the following September and returned to Augusta Co. Va.
Ques. 16th Witness says I had no interest in or to any vessel used in navigation in any way or any where whatever.
Ques. 17th Witness says I never was arrested by the Confederates.
Ques. 18th Witness says I had one horse taken for which I never was paid.
Ques. 19th Witness says I never was threatened in person but heard of threats being made for my Union sentiments.
Ques. 20th Witness says My fathers property was impressed, and told that we ought to be driven away on account of our Union sentiments.
Ques. 21st Witness Says I had no opportunity to to do so, except some provisions to the soldiers.
Ques. 22nd Witness says Nothing but fed the soldiers.
Ques. 23rd Witness says I had one nephew in the rebel Army, and some cousins in the United States Army. I never contributed anything to them.
Ques. 24th Witness says My father refused to take Confederate bonds and so did I and he never contributed anything voluntarily to aid or support the Credit of the Confederacy. And he nor I ever give any aid voluntarily to the Confederacy.
Ques. 26th Witness says I never was engaged in making raids into the U.S. from Canada nor on the Lakes or rivers adjoining Canada.
Ques. 27th Witness says My father never was engaged directly or indirectly in doing anything to aid or abet the Confederacy. I have given U. States soldiers, held as prisoners by the Confederacy provisions. He nor I never were members of any society or association whatever in connection with the rebel Government or its authorities.
Ques. 29th Witness says, No.
Ques. 30th Witness says No.
Ques. 31st Witness says I have received passes from Confederate Surgeons to go home, but never took any oath.
Ques. 32nd Witness says I was under no diabilities neither was my father. I was a Registrar and took the so called "Iron clad" oath.
Ques. 33rd Witness says At the beginning I sympathized with the Union cause and used my influence as did my father in favor of the Union. Neither my father nor myself voted for or against the ordinance of Secession. After the ordinance of Secession was passed we both adhered in our sympathies to the Union.
Ques. 34th Witness says I solemly declare that myself and father from the beginning of hostilities against the United States to the end thereof our sympathies were constantly with the cause of the United States, that we never of our own free will and accord did anything or offered or sought to do anything by word or deed to injure said cause or retard its success, and we were at all times ready and willing if called upon to aid and assist the cause of the Union so far as our means, and power and the circumstances permitted.
Questions by the Commissioner
Ques. 1 How old are you, where do you reside and what is your occupation and when did your father William Gibson die.
Answer. I am about 40 years old, I reside in Augusta Co. Va. My occupation is a farmer. My father died April 10th 1869, aged about 84 years.
Further, this witness saith not.
August 17th 1871
William Gibson
Testimony: Alexander Gibson
Alexander Gibson, a witness introduced to prove the taking of the property of Claimants executors of William Gibson dec'd being duly sworn answers as follows.
Ques. 1st Witness says, I was present when the property was taken, I saw them all taken.
Ques. 4th Witness says the cattle was taken on the 7th of June 1864, and the horses taken on the 10th June 1864, from the farm of the Executors then William Gibson, now deceased. Henry Demasters and others were present.
Ques. 6th Witness says that he does not know whether there was any officer present or not.
Ques. 7th Witness says. The Cattle were drove off and the horses rode. The soldiers said they were ordered to take the property for the use of the Army.
Ques. 9th Witness says the Cattle were removed to Staunton, Va. and the horses were taken when the Army was moving to Lexington Va.
Ques. 10th Witness says I suppose the cattle were taken for beef, as they were in good order, but do not know the less use the horses were taken for. My father complained at the time, but the soldiers said they had orders to do so.
Ques. 12th Witness says. My father asked for a receipt, and did get a receipt for a part of the cattle, which was signed by Capt. Ash and countersigned by Genl. Custer, which is filed with the Claimants petition. I do not know why a receipt was not given for the other property. The Cattle were taken in the day time in the forenoon, and the horses about dark.
Ques. 14th Witness says. There was no regular encampment in that vicinity, only for the night - The army was in Command of Genls. Crook & Averill. There had been a battle at Piedmont by Genl. Hunter's Army about 20 miles off. There was a skirmish about 3 miles away, on the day the horses were taken I know no officer of any rank.
Ques. 15th Witness says. The Cattle and horses were in good condition when taken, and worth all that is charged in the petition.
Ques. 19th Witness says I believe all the property was taken for the use of the Army, and not to gratify the wish of soldiers, or officers and that it was necessary for them to have them.
Ques. 20th Witness says I do not know them, but suppose the property was taken because it was needed so necessary as to justify the Officers in ordering it to be taken.
Ques. 22nd Witness says I do suppose that it was so necessary for them to have it & that is was so useful as to warrant and require the Government to pay for it.
Ques. 23rd Witness says I believe it was taken by the order of an officer or officers having authority, as the soldiers said they were acting by order.
Questions by Commissioner
Ques. 1st How old are you, Where do you reside and what is you occupation?
Answer. I am about 40 years old, I reside in Augusta Co. Va. My occupation is a farmer.
Further this deponent saith not.
August 17th 1871
Alexander Gibson
Testimony: William T. Fauber
In answer to the First General Interrogatory, the Deponent says: My name is William T. Fauber, my age 48 years, my residence Near Arbor Hill, Augusta, in the State of virginia, and my occupation a Farmer; I am not related to the claimant, and have no beneficial interest in the claim.
Ques. 2 Ans. I have known Wm Gibson dec'd from my boyhood, and resided about one mile from him during the War. I saw him once and twice a week during the war. I had frequent and free conversations with him about the war, and always found him opposed to the War. He said that the attack on Ft. Sumpter was the worst thing the South could have done, that the war was unjust and would not succeed. I am satisfied that he never did anything in aid of the rebellion voluntarily. I have heard him say "The South could not be whipped, any too soon to please me him." I have heard him express himself freely to others besides myself. The Union men of his neighborhood had full confidence in his loyalty to the Union and its cause, and were free in telling him all they knew. I am satisfied that if the South had succeeded as an independent Government that the deceased could not have shown any loyalty to it. He thought that in that event he would have to leave.
I am also intimately and well acquainted with the legatees, and was during the war. William and Alexander are the executors. John Gibson and the widow now deceased are the legatees by virtue of the Will of the deceased W. Gibson. The daughters were provided for by specific item in said Will and are not beneficiaries in the claim against the United States. The family from the oldest to the youngest were strictly and thoroughly loyal to the United States. I never heard any of them express a disloyal sentiment or do a disloyal act. John Gibson told me he voted against the ratification of the Ordinance of Secession. I know that neither of them could show the slightest loyalty to the South or its cause.
William T. Fauber
Testimony: Henry Demasters
Deposition of Henry Demasters
My name is Henry Demasters, my age is 64 years, my residence near Lexington Nelson Co. Va. My occupation a laborer on a farm. I resided on the farm of the claimants during the War, and knew their feeling and sentiments well in relation to the war and its cause, and I know that they all were bitterly opposed to the War and secession. I never knew them to say or do anything in aid, or favor of the rebellion. My sympathies were with them, hence always conversed with them without reserve. The Secessionists of the neghborhood regarded them as disloyal to the South. I helped the claimants to hide grain and other property to keep the Confederates from getting it and also know that there was a large quantity kept in the straw until after the surrender. I am satisfied, that neither one of them had any sympathy with the rebellion. I was present and saw the Cattle 18 head drove out of the field by the Union soldiers, under the command of Genls. Crook and Averill. I do not know the name of any officer engaged, there were a large number engaged. The Army had encamped the night previous about 3 miles from the Claimants, and on the day the Cattle were taken the Army of Genls. Crook & Averill was marching to Staunton and joined Genl. Hunter at that place. The Cattle were taken in the forenoon, in the month of June 1864. I do not recollect the day of the Month, but a few days after Genl. Hunter's battle at Piedmont. Genls Crook & Averill had had no battle near. I did not hear anything said about the taking of the Cattle. I was present when a receipt was given for the Cattle. I do not remember the name of the Officer who gave the receipt. The receipt was given to Wm Gibson decd. in my presence at the Camp at Staunton. There 18 head of Cattle, all in pretty good order, generally young, 3 and 4 year old - 6 of them would have weighed upwards of 1000 gross, I think 600 nett, and the remainder 12 would have netted 300 and 400. I think from my recollection of the Cattle that they would have exceeded in nett beef 9000 lbs as charged. I think seven cents is a low as beef could have been bought at in good money. I saw the two mares charged in their possession when the Army was marching to Lexington, it was in the Night, and the Army was marching on two different paralel routes. They were leading the Mares when I saw them, I suppose it was a Cavalry command as the Soldiers were all mounted. I heard nothing said in relation to them.
The Mares were young, in color bays, a small white star in their faces, in fine order, well broken and good matches. I think they would have been well worth $160 each, or $170.
Henry Demasters his mark
Testimony: Mary J. Gibson
Deposition of Mary J. Gibson
My name is Mary J. Gibson, my age is 50 years. My residence is near Arbor Hill Augusta County. I am the sister of the legatees, and daughter of the deceased Wm. Gibson. I have no beneficial interest in the claim, as my father by his will bequeathed me a specific sum. I was present and saw the Cattle charged in the account taken, there were 18 head. They were taken in June 1864, near the first of the month, by the Army commanded by Genls Crook & Averill, then on their to Staunton. The Cattle were taken in day light, about 10 Oclock A.M. The Army had camped the night previous about 3 miles from my fathers. I do not know how many men were engaged in driving the cattle. I did not hear the name of any officer. My father went to Staunton, and got a receipt for a part of the Cattle, the amount of beef I do not recollect. I believe the receipt (Duplicate) was filed with W.G. Riley, a former Special Commissioner, and I heard my brother say that he had given the original to Senator J.F. Lewis (see his letter filed herewith & marked B). When the horses were taken, it was after dark. I saw several soldiers, they said they belonged to the Union Army. This was two or three days after the cattle were taken, and as the Army was on its way to Lexington. They said they needed the horses and were obliged to have them. They were skirmishing near to our house the evening that the horses were taken. No regular battle except the one at Piedmont several days previous.
The Cattle were in good condition. I am not a judge of Stock and cannot say what they would weighed.
The horses were about 5 & 7 years old, in good condition, and well broken. I suppose at that time they were worth $150 each.
Mary J. Gibson
Testimony: Elizabeth V. Gibson
Deposition of Elizabeth V. Gibson
My name is Elizabeth V. Gibson my age is 30 years. My residence near Arbor Hill, Augusta County. I am a sister of the legatees but have no beneficial interst in the claim. I was present and saw the cattle drove away by Union Soldiers, numbering I suppose a Company of Cavalry. I did not hear the names of any officer engaged in taking the Cattle. They were taken about 10 Oclock A.M. I suppose. The Army had camped the night before at Mr. Bumgardner's about 3 miles distant from my fathers. The army was in Command of Genls. Crook and Averill, then on their way to Staunton. My father went to Staunton and got a recipt for, I think, 3000 pounds of beef I do not know why he did not get a receipt for all of the beef. The Duplicate was handed to W.G. Riley a Special Commissioner and the original to Senator Lewis. The Cattle (18) were in good order. The estimate made at the time I recollect was 9000 lbs. They were taken in different lots, 6 of them were large, and the others medium size. I saw the horses taken, they were taken about dark. There were 3 soldiers who said they belonged to the Union Army. This was several days after the Cattle were taken. The Army then was on its way to Lexington. I think the horses then were worth $175 a piece. They were in good condition
Elizabeth V. Gibson
Testimony: Elizabeth V. Gibson
Elizabeth Gibson, a witness introduced to prove the loyalty of the Claimant, Wm. Gibson, Alexander Gibson, Exe'rs of William Gibson deceased.
Ques. 1st Questions by the Commissioner.
How old are you, where do you reside, and what is your occupation?
Answer. I am about 25 years old, I reside in Augusta Co. Va. My occupation is a house keeper. I have known the deceased William Gibson and the Claimants all my life. I saw them often during the war. They were at all times loyal in their sympathies to the Union Cause and were so regarded by their neighbors. They had no opportunity to contribute to the support of the United States.
Ques. 2 Do you know of any act done, or language used that would have prevented either of the parties named in the petition from establishing his loyalty to the Confederacy, had it been maintained as a seperate Government.
Answer. I do not think that they could have established any loyalty to the Confederacy.
Further this witness saith not.
August 17th 1871
Elizabeth Gibson
Testimony: Henry Demasters
Henry Demasters, a witness introduced by Claimants to prove loyalty to the United States, being duly sworn answers as follows.
Questions by Commissioner
Ques. 1st How old are you, where do you reside, what is your occupation?
Answer - I am 62 years old, I reside in Augusta Co. Va. My occupation generally a farmer. I have known the Claimants since 1862. I saw them often during the War. They were strong Union men, often heard them talk in opposition to the Confederacy, and in favor of the Union. I think their neighbors all regarded them as Union men and hated them for it.
Ques. 2nd Do you know any act done or language used by either of the Claimants that would have prevented them on either of them from establishing his loyalty to the Confederacy, had it been maintained as a seperate Government.
Answer. I do not know that they could.
Further this witness saith not.
Henry Demasters his mark
Testimony: United States War Department
Archive Office, WAR DEPARTMENT, April 30, 1875
Book 3, Letters Sent, page 107
Case of William Gibson of Augusta Co. Va
Bill & receipt for 12 bushel Wheat at $14 per bushel $168 no/100s Paid May 7, 1864 at Mint Spring.
Decr 14/74 Reported
rejected
Testimony: United States War Department
Archive Office, WAR DEPARTMENT, Sept. 15, 1874
Book 3, Letters Sent, page 48
Case of Wm Gibson of Augusta Co. Va
Bill & receipt for pasturing Horses & mules 14 days from Octr to Novr 1864 at Staunton Va. $17.00 paid at Staunton Decr 28th 1864 by Maj H. M. Bell.
Disall'd
4 Report
Testimony: United States War Department
Archive Office, WAR DEPARTMENT, July 31st, 1878
Book 3, Letters Sent, page 337
Case of William Gibson of Augusta Co. Va
Bill & voucher for Pasturing Govt. horses in July & August 1863. amount $18360. Paid at Staunton Va. Oct 20th 1863. by H. M. Bell Q. M. C. S. A.
Testimony: H. C. Bliss
Law Office of H.C. Bliss, 1332 F Street, Under Southern Claims Commission Rooms, Washington D.C., Oct 6 1874
In the Matter of Wm. Gibson (decd) No. 8955
Hon. Commissioners of Claims,
The vouchers in the accompanying claim of Wm. Gibson (decd) for $210 are witheld by me to be filed in the Treas.Dep. for immediate settlement.
The claim may be considered abated that am't unless the said vouchers are returned prior to the consideration of this case.
H.C. Bliss
Testimony: J. F. Lewis
Port Republic, June 6th, 1871
William Gibson - Esqr
My dear sir
Yours of the 27 Ult. is before me. I answer that I have placed your papers before the committee on claims, of the Senate. I would advise you however, to give your claim to some one who is attending to claims before the commission in Washington. They can get copies of the papers from the clerk of the committee on claims. I am sorry I did no receive your letter before leaving Washington, & before the adjournment of the Senate as I could then have gotten leave to withdraw the papers.
Your friend J.F. Lewis
Testimony: H C Bliss
Law Office of H.C. Bliss, 1332 F Street, Under Southern Claims Commission Rooms Washington D.C. June 13 1874
In the Matter of Wm. Gibson dec. No. 8955
Hon. Commissioners of Claims,
I respectfully inform you that I have obtained partial settlement of the claim of Wm Gibson (dec'd) No 8955 through the third auditors office, Treas.
The partial settlement was in the sum of $210 - evidence by voucher filed with the Senate - prior to the presentation of this claim to the Commissioner. And withdrawn therefrom, by leave, Feb 1874. And presented to the Third Aud Treas. The claim should therefore be abated $210. The vouchers are referred to in the testimony.
Respectfully, H.C. Bliss Aty.
Bibliographic Information : Southern Claims Commission: Claim of William Gibson, December 1, 1873, Claim No. 8955, Source copy consulted: National Archives, Washington, D.C., fiche # 1463.
