Valley Southern Claims Commission Papers



Southern Claims Commission: Claim of John H. Fix, 1876, Claim No. 1384

Summary: John H. Fix filed this claim in 1876 for $200, claiming General Hunter's Union troops took one Mare in 1864. John was a 54 year old farmer who resided near Greenville. He voted for the Ordinance of Secession and had two brothers-in-law in the Confederate Army. The claim was disallowed.

Items Claimed:

Item Claimed: Amount Claimed: Amount Allowed: Amount Disallowed:
1 Mare $200.00 $0.00 $200.00


Claims Summary:

The Claimant testifies that he voted for secession. Was influenced to vote so by those who said there would be no war. Mr. Fix was not threatened nor molested. He had two brothers-in-law in the Confedte. Army.

His surroundings all indicate association and sympathy with the Confederates. He was pleased at the conclusion of the war, but can not tell whether pleased or not when he heard of the battle of Bull Run &c.

We are not satisfied that he was loyal. Claim rejected.

A.O. Aldis
J.B. Howell
O. Ferriss
Commrs. of Claims


Testimony: John H. Fix

Deposition of John H. Fix. Claimant

Ques. 1. Ans. My name is John H. Fix, my age is 54 years. My residence near Greenville, Augusta Co.Va. where I have resided all my life. My occupation a farmer.

2. Ans. I am the claimant.

3. Ans. I was born on the place where I now reside.

4. Ans. I resided at the same place and was occupied as a farmer. I made no change of residence or business.

5. Ans. My sympathies were on the side of the Union, and were so from the beginning to the end.

6. Ans. I have no recollection of doing or saying anything against the cause of the Union.

7. Ans. I was ready at all times during the war to aid the Union cause, as far as I could.

8. Ans. I never had an oppertunity to do anything except give aid to some unknown soldiers to escape from the rebel lines.

9. Ans. I had no relatives in the Union army that I know of.

10. Ans. I was not.

11. Ans. I never contributed anything.

12. Ans. I took the Union side and said all I could to operate against secession.

13. Ans. I adhered to the Union cause and not my state.

14. Ans. I cannot now say what my feelings were at the results of the battles mentioned but when the surrender of Lee occurred I rejoiced at the conclusion of the war and safety of the Union.

Ques. 15. Ans. I never had any privileges or protection granted me.

16. Ans. I never took the ironclad oath, I have held no office.

17. Ans. David Ziuk, J.H.B. Shultz, James M. Yates, and Adam Hawpe. The two latter are witnesses.

18. Ans. I was not threatened or molested.

19. Ans. I never was arrested.

20. Ans. I had Corn and fodder taken. I did not know the party, he paid me ten dollars in Confederate funds.

21. Ans. I had no property confiscated.

22. Ans. I never did anything voluntarily.

23. Ans. The Confederate laws, and authority exercised by Army officers.

24. Ans. I never was in any service or employment for the Confederacy or rebel authority.

25. Ans. I was not in the civil or military or naval service of the Confederacy, in no shape nor form.

26. Ans. I never took any oath.

27. Ans. I never had charge of any stores or other property, belonging to the Confederacy, nor sold or furnished any supplies, nor interest in any contract or manufactures in aid of the rebellion.

28. Ans. I never engaged in blockade running, nor was interested in such enterprises.

Ques. 29. Ans. I had no interest or share in any vessel or boat for any purpose or on any waters.

30. Ans. I never did subscribe to any loan to the Confederate states or any state in rebellion.

31. Ans. I made no contribution of any kind or for any purpose.

32. Ans. I give no information to any one against the United States.

33. Ans. I did not belong to any society or association for any purpose.

34. Ans. I never took an Oath of allegiance to the Confederacy.

35. Ans. I never received a pass.

36. Ans. I had two brothers-in-law, Joseph B. Wright and John A. Wright, in the Confederate Army. Joseph volunteered in 1861, and John in about 1862 or '63, Joseph died during the war, and John resides near Arbor Hill, P.O. I did not see them at the time. I give nothing as an outfit or for their support.

37. Ans. I was under no disabilities.

38. Ans. I have never asked for a pardon.

39. Ans. I took an Amnesty Oath after the close of the War, in 1865, in Staunton, Va. and because I wished to be restored to all my former privileges in the Union.

40. Ans. I never was a prisoner.

41. Ans. I was not arrested.

42. Ans. There never was any fines or assessments levied against me.

Ques. 43. Ans. I had no property taken or sold by the United States under any law.

44. Ans. In 1860, I did not vote. I do not recollect of voting during the War. I voted for the ratification of the Ordinance of Secession, but against my own consent, but was influenced to do so by the declarations of leading citizens that if the people would show a unit there would be no war. I ever after regretted my vote as it was contrary to my convictions and sympathies.

45. Ans. I never belonged to any committee, home guard or any other association combined against the Union.

46. Ans. I never belonged to any military organization hostile to the United States. I furnished no substitute.

47. Ans. I never was employed in any department of the Confederate Government or army, nor on Railroad nor engaged in the transportation of troops or supplies.

48. Ans. I never had charge of anything for the use and support of the Confederacy.

49. Ans. I had no employment in Saltpetre works, tanning, milling and in nothing to aid or benefit the rebellion.

50. Ans. I had nothing to do with prisoners, of any class at all.

51. Ans. I never was.

Ques. 66. Ans. The property charged in my account belonged to myself.

67. Ans. The property was taken from my farm, situated in Augusta Co. near Greenville adjoining J.B. Smith & others, about 80 or 90 acres cleared and about 40 woodland.

68. Ans. I have never filed application in Bankruptcy.

72. Ans. I was at home, but being very ill with rheumatism, could not be out of my room and did not see the soldiers when they took my mare from the stable.

73. Ans. The Mare was taken in day light.

74. Ans. I did not see any officer, and did hear of any being present. I saw no one to complain to.

75. Ans. I got no voucher.

76. Ans. I never have received any payment at all. I have never presented this claim to any authority for payment.

77. Ans. The Mare was taken by soldiers belonging to Genl. Hunter's Army, then marching from Staunton to Lexington.

78. Ans. I did not see the Mare taken for the reason stated.

79. Ans. The Mare was 4 or 5 years old, of medium size in good order, full of life and mettle, but very gentle, under the saddle or in harness, perfectly sound and without a blemish.

John H. Fix


Testimony: William H. Fix

Deposition of William H. Fix

Ques. 1. Ans. My name is William H. Fix, my age is 24 years. I reside near Greenville, Va. I am a Blacksmith by trade.

2. Ans. I am the son of the claimant, but have of no special interest in the success of the claim.

72. Ans. I was at the house, up stairs and saw the Mare taken from the Stable yard.

73. Ans. She was taken in day light about 12 or 1 Oclock. There was no secrecy shown at all.

74. Ans. I do not know whether there was an officer present or not, there was no complaint, and my father was was confined with pains, & could not go out. There were at least four soldiers engaged in taking the Mare. They were horse back and from their equipments I supposed were Cavalry men & belonged to Genl. Hunter's Army. My father's house is probably half mile from the Turnpike road, on which the Army was then marching.

75. Ans. No voucher was given or asked for.

77. Ans. The Mare was taken by Soldiers belonging to Genl. Hunter's Army. Then marching from Staunton to Lexington, in the month of June, 1864, the soldiers led the Mare away, and went on the road in the direction of Lexington and paralel with the Turnpike where the main army was then marching.

78. Ans. I saw the Mare taken away by soldiers.

Ques. 79. Ans. The Mare was a bay, and about 6 years old. She was medium size, and in good working order, and fine looking, of good life and well broken to ride and to work. I am satsified that at the close of the war, if in the same condition as when taken she would have brought two hundred dollars. My father sold a 4 year old at the close of the War of common appearance and inferior qualities for One hundred & twenty five dollars. I believe that the four men engaged in taking the Mare, were soldiers belonging to General Hunter's Army, all their equipments were soldiers-like, and being so close to the Main body could not have been private citizens.

Wm. H. Fix


Testimony: Adam M. Hawpe

Loyalty Proven

Ques. 1. My name is Adam M. Hawpe, my is 70 years. I reside near Greenville, Augusta Co.Va. My occupation is a farmer. I am not related to the claimant, and no benefit in his claim.

53. Ans. I have known the claimant all his life, and all the time intimately.

54. Ans. We reside about 2 1/2 miles apart and same distance during the War.

55. Ans. I met him frequently during the war, how often I cannot say. We attended the same churches, stores and Post Office.

Ques. 56. Ans. I conversed with him very frequnetly about the War. I have no recollection at any time of those present, and cannot recollect any particular words and expressions used by the claimant, but I know that his sentiments and sympathies were in accord with my own, and I was opposed to secession as violently as any man in the United States.

57. Ans. I do not know that he did anything to aid the Union cause, he had no opportunity to do anything and if he had it would have been extremely hazardous.

58. Ans. I never heard him speak a disloyal word or do a disloyal act.

59. Ans. I never had any one speak of him as a Secessionist.

60. Ans. His reputation amongst his loyal neighbors was that of a strong Union man, he was a very cautious and timid man. Adam Ziuk and John H.B. Shultz were well known Union men, and Gibsons and others and they knew him well enough to testify for him.

62. Ans. I was myself an adherent to the Union and well known to the claimant.

63. Ans. There were threats made against those who might refuse to vote for the Ordinance of Secession.

64. Ans. I know of nothing, by which he could have established loyalty to the Confederacy.

Am. M. Hawpe


Testimony: James M. Yates

My name is James M. Yates. I reside near Staunton. I am not related to the claimant. My age is 35 years. I am a U.S. Rev. Storekeeper.

Answer to 53. Ans. I have known him since the winter of 1860 & '61. I knew him intimately from that time till the fall of 1864.

Ans. to 54. Ans. I suppose it was three miles from my residence to his.

55. Ans. I met him about once a week.

56. Ans. At the commencement of the war we conversed together about the cause and results of the war, and he entertained and expressed the same views which I entertained myself, that the war was unjust upon the part of the South. That the Union should and he believed would be maintained. I do not recollect of ever holding a conversation with him in the presence of others.

57. Ans. I do not know of anything that he did except his declarations to me. I heard from either a man by the name of Parrack or Harvey that the claimant aided and give information to parties, who were trying to escape from the Confederate service.

58. Ans. I never heard him express a word, or do anything against the Union.

59. Ans. I never heard anything that the claimant should have said or done against the Union.

60. Ans. I think that his reputation was that of a Union man. I heard on one occasion John Brownlee, of near Greenville, say that "he doubted his (Fix) loyalty to the South." Brownlee was a strong rebel.

Ques. 61. Ans. David Parrack, Andrew Ziuk, & Adam Hawpe, of the same neighborhood all of whom I presume could testify to his loyalty.

62. Ans. I was an adherent to the Union cause during the war, and am still. The claimant knew my position by my words and acts.

63. Ans. I do not know of any.

64. Ans. I do not know of anything except his language to myself, he was a very quiet and timid man.

65. Ans. I know nothing except what I have stated.

James M. Yates


Testimony: John H. Fix

Petition

To the Hon. the Commissioners of Claims Under the Act of Congress of March 3, 1871

Your petitioner, John H. Fix, does & present that he is a citizen of near Greenville Augusta County Virginia and was at the time his claim occured. That he is the original owner of the herein after mentioned claim. That there was taken from the petitioner for the use of the Army of the United States for which no payment has been made or compensation received in any manner or from any source for any part there of the following described supplies.

One Horse $200.00

That the price charged is the fair market value for the supplies at the time and place last mentioned as your petitioner was informed and believes, that said supplies were taken by the US forces under General Hunter on or about the 10 of June 1864 and no voucher or receipts were given for the same.

That this claim has never been presented to any Executive Department for settlement.

The petitioner further says that he hereby invests and appoints P. F. Venable his true and lawful Attorney to appear before the Claims Commission appointed under the Acts of Congress on March 3, 1871 or any Court Department or Bureau of the Government of the United States and prosecute this Claim to final issue with full power of Substitution hereby ratifying and confirming of said Attorney, shall lawfully do in virtue hereby and hereof annulling and invoking all other power of Attorney in the premises. Your petitioner further avows that he is a citizen who remained loyal adherent to the Cause & of the Government of the United States during the war and was as loyal before and at the time of the taking or furnishing property for which claim is made.

John H. Fix

John H. Fix being duly sworn, deposes and says that he is the petitioner named in the foregoing petition and who signed the same that the matters there in stated are true of his own knowledge. And deponent further says that he did not volunteer or serve in the Confederate army or navy, either as an officer, soldier, or in any other capacity at any time during the late rebellion that he never volunatarily furnished any stores supplies or other material aid to said Confederate Army or Navy or to the Confederate Government or to any officer department or adherent of the same, in support there of and that he never voluntarily accepted or exerices the function of any office under or yielded support to the said Confederate Government.

John H. Fix

Subscribed and Sworn to before me this 24th day of April 1871 at Staunton, Va.

James M. Baldwin N.P.


Testimony: John A. Brownlee

State of Virginia
County of Augusta

John A. Brownlee a citizen of the County and State aforesaid being duly sworn do depose and say that I am well acquainted with John H. Fix of said County and State, and that he is am well aware of the fact that said Fix, had one Horse taken from him of the U.S. forces under Genl. Hunter on or about the 10th day of June 1864, and that said horse was taken for use in the U.S. service, and was of the full marketable value of Two hundred dollars.

I do further swear that I know that said John H. Fix was a citizen loyal to the Government of the U.S. throughout the rebellion that he never by act or deed sided or assisted the Confederate Government, its officers or adherents, nor served said Confederate Government in any capacity.

John A. Brownlee

Sworn to and subscribed before me this 1st day of May 1871 at Staunton Va.

James M. Baldwin N.P.


Testimony: Adam M. Hawpe

State of Virginia
County of Augusta

I Adam M. Hawpe of the County and State aforesaid being duly Sworn, deposes and says that he is well acquainted with John H. Fix of said County and State, that he knows that said Fix, was during the war of the rebellion a loyal citizen of the U.S. that he never rendered any voluntary aid or support to the Confederate Government, its officers or adherents, nor did he serve said Confederate Government in any capacity. I do further swear that to the best of my knowledge and believe that the claims presented by said Fix for payment of One Horse taken by the U.S. forces in 1864, is correct and just, and that the price charged for the same is reasonable, and just.

Adam M. Hawpe

Sworn to and Subscribed before me this 24th day of April 1871 at Staunton Va.

James M. Baldwin N.P.


Bibliographic Information : Southern Claims Commission: Claim of John H. Fix, 1876, Claim No. 1384, Source copy consulted: National Archives, Washington, D.C. RG 123, Congressional Jurisdiction #8648.



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