Summary: Elizabeth Garber filed this claim in 1871 for $200, claiming Union forces from General Hunters Army took two horses in 1864. Elizabeth was a 48 year old farmer in New Hope. The commission allowed $110.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 Bay horse 16 years | $80.00 | $0.00 | $80.00 |
| 1 Large Bay 13 years | $120.00 | $110.00 | $10.00 |
Claims Summary:
Claimants' loyalty is sustained by her own statement and the testimony of David Myer and Saml P Garber.
The horses for which she claims compensation were taken by Gen Hunters Cavalry for the Artillery Service. As they were 13 and 16 years old, respectively it is probable they were past hearing and so well adapted to that special service nevertheless as old horses are not very valuable in the market, we feel constrained to cut the prices of these down a little, although like all other horses in the South during the War, "they were fat and in fine condition when taken".
We allow one hundred and ten dollars.
A.O. Aldis, JB HowellCommrs of Claims
Testimony: Elizabeth Garber
United States of America, State of Va.
I, W.G. Riley, a Commissioner selected and designated by the Commissioners 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 depositions is and the fact is the matter of Claim of Elizabeth Garber vs. the United States of America, and the witnesses herein named being material and necessary, being first duly sworn answereth as follows.
Questions
1 Witness says-New Hope Augusta Co.Va. My occupation farming.
2. Witness say-Resided at the same place.
3 Witness says-I never passed beyond the Military or Naval lines of the U.S. & entered the rebel lines.
4 Witness says-I never took an oath or affirmation or allegiance to the Confederate States, nor done nothing to aid in any way the Confederate Government.
5. Witness Says-I have never taken any amnesty oath, and never had everything to pardoned of.
6 Witness Says, I never held any office or place of trust under the Confederate Government.
7th Witness Says, I never held any office or place of trust under the Confederate Government.
8 Witness Says-I never did hold any office under the Confederate Government whatever.
9th Witness Says-I never was in in any capacity in the service of the so called Confederate States.
10 Witness Says-I never aided the Confederate Government in any matter.
11 Witness Says-I never rendered any service to the Confederate Government or in any State thereof in rebellion.
12th Witness Says-I never did.
13th Witness Says-I never did.
14 Witness Says, I never was engaged in blockade running or illicit traffic between the lines, never had any interest or share in any goods, wares merchandise, brought into, or exported fromt the so called Confederate states during the war.
15th Witness Says I did not leave the Confederate States between the 19th April 1861 and the 19th April 1865.
16th Witness Says, I never was an owner in any vessel employed in navigating the ocean to or from any port in the Confederacy or upon any waters in the Confederacy.
17th Witness Say I never was arrested by the Confederate Government, or any officer, or soldier, acting therefor, or for any State in rebellion. I never arrested by the U.S. Government.
18th Witness Says-I had property taken by the Confederate Authorities, for which I received such money as they had. I could not do otherwise as they would take it.
19th Witness says, I never was threatened with damage to my person, family or property by the Confederate Government on account of my Union sentiments.
20th Witness Says-I never was injured or molested on account of my Union sentiments.
21st Witness Say, I never contributed anything in aid of the Union cause.
22 Witness Says, I fed the soldiers when the come along.
23d Witness Says, I had no relatives either in the Union or Confederate Armies. I never contributed anything to supply with stores or money.
24 Witness Says, I never owned any Confederate bonds or any interest or share therein, or had any share or loans to the Confederate Government.
25th Witness Says, I never give any aid or Comfort to the rebellion.
26th Witness Says, I never was engaged in making raids into the U. States from Canada, or engaged in destroying the Commerce of the United States in the Lakes or rivers adjoining Canada.
27th Witness says, I never was engaged in holding directly or indirectly any persons in custody, any engaged by the rebel Government taken as prisoners of War.
28th Witness Says-I never did.
29th Witness Says I never was a paroled prisoner of the U.S.
30th Witness Say-No.
31 Witness Says, I never received any pass from any officer of the Confederate Government or from any person having authority to issue the same.
32. Witness Says-I never was under any disabilities imposed by the 14th Amendment to the Constitution. I have never held any office in the U.S. Government since the War.
33 Witness Says I sympathised with the Union Cause and not with the rebellion at the beginning, being a lady I could not vote for or against the ordinance of secession. And after the ordinance of Secession was passed I adhered to the Union Cause.
34th Witness Says, I do not solemnly declare that from the beginning of hostilities to the end thereof. My sympathies were constant in the cause of the United States. That and was ready and willing at all times, to aid the cause of the Union or its supporters so far as my means and power and the circumstances of the case permitted.
Questions by the Commission
1st How old are you, where do you reside, and what is your occupation. Ans. I am 48 years old, I reside in New Hope, Augusta Co.Va. and occupation is farming.
2. What was the condition of the horses charged in your petition at the time they were taken by the Government, and their Value? Ans. They were in good condition and worth more to me than I have charged in my petition.
And further this deponent saith not. August 10th 1871.
Elizabeth Garber
Testimony: David Myers
David Myers, a witness introduced by Elizabeth Garber, being first duly sworn answereth as follows.
1st Witness says I was not present. I know nothing of the taking of the property.
2dWitness Says Did you know the condition and value of property when taken, mentioned in the claimants petition. Ans: The horses were in fine condition. I think the charges made in the petition are reasonable and fair. I have every reason to believe that they were taken by the Government but I did not see it.
Questions by the Commissioner
1st How old are you? Where do you reside and what is your occupation? Ans. I am 54 years old, reside at New Hope, Augusta Co.Va. My occupation is a farmer.
2 How long have you known Elizabeth Garber the Claimant? And were you itimate during the War? Ans. I have known her 30 or 40 years. I live near her, and saw her every few days during the war, and she was as loyal to the Union Cause as any person could be, and so regarded by her neighbors, and she being a widow, the Confederate authorities seemed disposed to oppress her. I never knew her to aid the Confederate Government, its officers or soldiers.
3d Do you know of any act done or language used by the claimant which would have prevented her from establishing her loyalty to the Confederacy, if it had been maintained by the Confederate as a seperate Government. If so, state the same particularly. Ans. She was too loyal to the Union to have been considered loyal to the Confederacy if it had been maintained as a seperate Government.
Further this deponent saith not. Augt. 10th 1871.
David Myers
Testimony: Samuel Garber
Samuel P. Garber a witness introduced by Elizabeth Garber, being first duly sworn, answereth as follows.
1st Witness Says-That I was present when the Articles of property specified in Claimants petition were taken.
2d Witness Says, I saw them taken meaning all the Articles mentioned in Claimants petition.
4th Witness Says Taken the 6th June 1864 from the Claimants premises, by Genl. Hunter's Army.
5 Witness Says I was present and Elizabeth Garber, the Claimant.
6th Witness Says, They were taken by some of the Cavalry, belonging to Genl. Hunter's Army. I do not know whether they were Officers or not. The Soldiers who took them said "here are two fine horses, the Claimant said if they took them, she could not get along. They said they wanted them for the Artillery and that the Claimant would be paid for them.
8th Witness Says-The horses were removed by soldiers.
9th Witness Says-The horses were broughttaken to Staunton, I did not see them afterwards. I believe the property was removed to Staunton because the Army was marching in that direction.
10th Witness Says, I do not know for what use the horses were taken but they said, they wanted them for the Artillery.
12th Witness Says, There was no receipt asked for, nor none given.
13th Witness says-The property was taken in the day time, about 9 Oclock A.M. on the 6th June 1864. It was not taken secretly.
14th Witness says, There was a battle at Piedmont, the day before the property was taken, which was about one mile from Claimants residence. Genl. Hunter was in command of the Union Army.
15th Witness says The horses were in good condition when taken, and were worth all charged in the petition either to the Claimant or Government.
19th Witness says, The property was taken for the use of the Army, and not for the mere gratification of Officers or soldiers.
20th Witness Says, I believe they were taken for the use of the Army.
21st Witness says I suppose they were taken in consequence of some necessity for the articles taken which justified the officers or soldiers in taking them.
22d Witness says I believe they were taken for the use of the Army, and that the Government would be justifiable in paying for them.
23d Witness Says, I suppose they were taken by the authority of some one whose authority justified him in taking it, or jus
Further deponent saith not. August 10th 1871.
S. P. Garber
Sworn to & subscribed before me this 10th day of August 1871.
WG Riley United States Commissioner and Special Comr for State of Va.
Bibliographic Information : Southern Claims Commission: Claim of Elizabeth Garber, 1871, Claim No. 2545, Source copy consulted: National Archives, College Park, RG 217, claim #2545.
