Summary: Hays Moffett filed this claim in 1872 for $748, claiming the Union army under General Hunter's command took four horses, corn, and flour in 1864. Hays was a farmer and slaveholder who voted for the Ordinance of Secession. The claim was disallowed.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| One Bay Horse about 8 years old | $200.00 | $0.00 | $200.00 |
| One Bay Mare about 7 years old | $173.00 | $0.00 | $173.00 |
| One Bay Mare about 6 years old | $200.00 | $0.00 | $200.00 |
| One Bay Mare about 14 years old | $150.00 | $0.00 | $150.00 |
| 12 bushels of corn at 75 cts per bushel | $7.00 | $0.00 | $7.00 |
| 2 barrels of flour at $7 per bl. | $14.00 | $0.00 | $14.00 |
Claims Summary:
One question proponded to this claimant he was better qualified to answer than any other person. It is the question which calls on him to state with which side in the Civil War he sympathised. He evades the question & tells us he don't know how he "felt at the battle of Manassas" - "didn't feel for either side" - "Did not vote either for or against the ordinance of secession" The record of the votes in Augusta Co. saves us all embarrassment if we should other wise have any in disposing of this case.
The Claimant testifies untruthfully - the record shows that he voted for the adoption of the Ordinance of Secession.
We reject this claim.
Testimony: N.K. Trout and A. Chapman (attorney's) letter to Judge Riley
Staunton, Va. Aug. 19. '72
Judge Riley is respectfully requested, not to submit to the Commissioner this evidence, until we shall have had an opportunity of examining the Claimant before him & some additional evidence, and to give us notice of some convenient time when we may produce before him the evidence received by us.
A.K. Trout
A. Chapmans
of Counsel.
Testimony: Hayes Moffett
In answer to the First General Interrogatory, the Deponent says: My name is Hayes Moffett, my age 64 years, my residence Swoopes Depot, Augusta Co, in the State of Virginia, and my occupation a retired farmer, I am the claimant, and have a beneficial interest in the claim.
Question 2 Witness Says: I resided on my farm in Augusta Co.Va. during the whole war. My farm contains 140 acres about 35 acres in woods & 100 acres clear. It was all in cultivation, farmed all the war. Did not have the State of Va. during the war.
3 No in full
4 No in full
5 Witness says. I took the amnesty oath after the war at Middlebrook, Augusta Co.Va. I had nothing to be pardoned for.
6 No in full
7 No in full
8 No in full
9 No in full
10 No in full
11 No in full
12 No in full
13 No in full
14 No in full
15 No in full
16 No in full
17 Witness Says. I had my wagon & horses impressed some four or five times by the Rebels for the use of the Confederate Army. I sent a man who lived with me to drive & take care of the horses & wagon
18 No in full
19 No in full
20 No in full
21 No in full
22 No in full
23 No in full
24 No in full
25 Witness Says The Confederate Authorities took corn flour &c. from me at different times. I did not secure pay for any of it.
26 Witness Says The Confederates talked at one time of burning my house down because I was a Union Man. I told them to burn as quick as they pleased. I was never molested any other way.
28 Witness Says. I gave the Union soldiers all I had to eat, when they passed my place in June 1864. Did not have it in my power to do anything else.
30 Witness Says. I had no relatives in either the U. States of Confederate Armies.
31 No in full
32 No in full
33 No in full
34 No in full
35 No in full
36 No in full
37 No in full
38 No in full
39 No in full
40 Witness says I don't know how I felt at the battle of Manassas did not feel for either side I thought they had better quit it. Did not vote either for or against the Ordinance of Secession. I was opposed to the war & always said they had too many men on the North side for us.
44 Witness says. I don't believe I ever said anything about which ought to whip. I did nothing either way. If I had been called on to fight I think would have gone to the bushes. I don't think I would have fought, on either side, I owned two slaves at the time & I knew if the South got whipped I should lose them, and further the deponent saith not
Hays Moffett
Sworn to before me this 2nd day of August 1872
WG Riley
Deposition of Hayes Moffett recalled, to prove the taking furnishing & value of property.
Ques 1 Witness says. I was present & saw one horse taken mentioned in my petition. I did not see any other property mentioned in my petition taken the other horses were in the field the corn was in the meat house in a large hogshead shelled, the flour was in the house in the room, in bbls. The property was all there when I saw the UStates Soldiers go in the direction of my house. When the Soldiers left the property was all gone, there was no one else there to take it but them. I did see them take 2 bbls. of Flour & about 12 bushels of corn, I did not see the first three horses taken. Items No 1, 2 & 3. The property was taken in June 1864. I don't know the day of the month, the property was taken by UStates Soldiers under the command of Genl. Hunter, there were about twenty five men engaged in taken the property. It was all taken in one day, except one horse, which was taken about a week before, eight or ten soldiers were engaged in taking the one horse, Mr. A.G. Wayland & Mr. Mitzer were present & saw some of the property taken. UStates officers were present when the property was taken. Don't know their names, ranks, or regiments. The horse I saw taken from the field, the flour was removed in pillow slips taken from the bed, the corn was taken in the wagon & hauled off. The Army was on the march when the property was taken, Genl. Hunter was retreating out of the Valley. The Property was taken along with the moving Army. Did not see any of the property used by the army. Did not make and complaint to any officer. Did not ask for any receipts and none was given. The property was taken in the day time, the property was all in good condition.
Item No 1. I had one bay mare taken 8 or 9 yers old, worth $200.
Item No 2. I had another bay mare 7 years old worth $175.
Item No 3. I had another bay mare 6 years old worth $200.
Item No 4. I saw taken one bay mare 14 year old worth $125
Item No 5. I saw taken 12 bushels of corn, it was in a hoghead shelled, was worth .95c per bushel I had measured the corn.
Item No 6. Saw two bbls. of Flour taken, it was in bbls.bbls. full, & worth $7 or per bbls.
I have never been paid for this property. Nothing was left in exchange. I am the sole owner of this claim. I have never presented it to any other departments of the Governmentfor payments and further this deponent saith not
Hays Moffett
Sworn to before me this 2nd day of August 1872
WG Riley
Testimony: John Mitzer
Deposition of John Mitzer to prove the taking funishing & value of the property
Ques 1 I am 70 years old, I reside in Augusta Co. I am a farmer, I was present and saw three horses taken mentioned in the claimant's petition. Items 1 2 & 3. I did not see the other property taken in June 1864 by UStates Soldiers under Genl. Hunter. There were more than 500 soldiers present when the three horses were taken, the field was full & the road was full, like an old Va muster. Officers were present. My old woman fed the Officers don't know them, I was the only citizen present, except my family, they saw the horses taken. Some of the horses were ridden off & some led. The Army was marching, I don't know the ages or value of the horses taken they were good horses, in good condition, fat, they belonged to the claimant, were taken from his farm in the field, this is all I know about the case.
And further this deponent saith not.
John Mitzer
Sworn before me this 2nd day of August 1872.
WG Riley
Testimony: Albert G. Wayland
Deposition of A.G. Wayland to prove the taking, furnishing & value of the property.
Ques 1 I am 66 years old. I reside in Augusta. I am a farmer and tanner, I was present and saw one horse - Item No.4 - bay horse & 12 bushels corn taken. The property was taken in June 1864, under Genl. Hunter. The horse was taken by about 10 soldiers, & so was the corn. There was an officer present who said his name was Capt. Smith of Genl. Averill's command, he said his horse had given out & he must have the horse. He said he also needed the corn. The Army was on the march when the property was taken, the horse I saw taken was 13 or 14 years old & was worth $125. I saw 12 bushels of corn taken, it was shelled & in the hhd, I estimate the quantity by the bulk. Corn was worth at the time .95c per bushel. This is all I saw taken, this all I know about the case, except that the property belonged to the claimant & was all taken from his farm.
And further this deponent saith not.
Albert Wayland
Sworn to before me this 2nd day of August 1872.
WG Riley
Deposition of Alb. Wayland recalled - to prove the loyalty of the claimant.
Ques 1 I have known the claimant 40 years. I lived near him during the war & saw him nearly every day. I talked some little to him about the war. He seemed to be opposed to the war, this killing one & another. I looked upon him rather as a Union man, I think he was looked upon as a Union man by his neighbors. I don't think he voted at all upon the Ordinance of Secession (he did not vote) I don't think he was threatened because he was a union man, he was a very quiet man. I don't think he did anything for either the U.S. or Confederate Governments. He owned no Confederate Bonds, & did nothing to support the credit of the Confederate States. He did not give any information to any Union officer. Never heard him rejoice over any Union or Confederate Victory. I was a Union Man in the beginning & after the State seceded I went with the State. The claimant is a man of character, & good standing, don't think he would bring any unjust claim against the Government. I believe this is a just claim.
And further this deponent saith not.
Albert Wayland
Sworn to before me this 2nd day of August 1872
WG Riley
Testimony: John Mitzer
Deposition of John Mitzer (recalled) to prove the Loyalty of the claimant
Ques 1 I have know the claimants 50 years. I lived very near him during the war. Saw him often during the war. I never heard him say anything about the war during the war. I looked upon him as a Union man, because he did nothing for the Confederate Government. I think he was regarded by his neighbors as a union man. he did nothing for either Government that I know of, he did not own any Confed. bonds, & did nothing to support the credit of the Confed. States so far as I know. I don't think he voted upon the ordinance of Secession. Never heard him rejoice over a union or Confederate victory. He gave no information to any officer of the US Army. I the witness had nothing to do with the war. He never was threatened because he was a Union man, he was a quiet peaceful citizen. I have always found him a man of truth.
And further this deponent saith not.
John Mitzer
Sworn to before me this 2nd day of August
WG Riley
Testimony: Albert G. Wayland
Deposition of A.G. Wayland recalled to prove loyalty of the claimant
Question by Attorney
From my personal knowledge of him regarded him as a Union man at heart.
Question by Attorney
Wasn't there a sentiment prevailing in the community, which prevented good Union men from voting against the ordinance of Secession?
Answer There was.
Question by Attorney
From the character of the man do you think he would show much feeling either side?
I do not think he would, he was quiet modest and retiring
Question by Attorney
Does the claimant own the land mentioned in your former deposition?
Answer. He does not, it has been sold under a Deed of Trust. I believe he is dependent upon his friends, the taking of the horses mentioned in the claim deprived him of the means of cultivating his land, & of supporting himself & family. The slaves owned by the claimant an old man and an old woman were really of no value but I believe rather a tax to him. The ownership of these slaves could not possibly have influenced anyone to espouse one side or the other in the war - they were in fact an expense to the party keeping them.
And further this deponent saith not.
Albert Wayland
Sworn to and subscribed before me this 26th day of August 1872
WG Riley
Testimony: Hayes Moffett
Deposition of Hayes Moffett claimant recalled
Question by Attorney
In your former deposition you said you did not vote either way on the Ordinance of Secession. Why didn't you vote?
Answer. I was sick at the time, & could not go.
Question by Attorney
How would you have voted, had you gone to the polls?
Answer. I would have voted for the State to stay in the Union, I was opposed to secession.
Question by Attorney
In your former deposition you say you would have gone to the bushes rather than fight. Had you been within the military age, what you have done, which side would you have fought on, had you been left free?
Answer. I desired to see the Government kept as it was.
Question by Attorney
What were the ages & conditions of the slave owned by you?
Answer. They were very old & worthless & I think it would have been better for me to have broken up long before I did their posession would have been inducement for me to wish the success of the North.
Question by Attorney
What is your relation to the land mentioned in your former deposition?
Answer. My land has been sold for debt, and after my horses were taken & could not work it, I was left entirely dependent.
And further this deponent saith not.
Hays Moffett
Sworn to and subscribed before me this 27th day of August 1872
WG Riley
Testimony: United States War Department
Archive Office, WAR DEPARTMENT, Jan 3rd, 1878
Book 3, Letters Sent, page 254
Case of Hays Moffett, Augusta Co.Va.
Bill & vouchers for 25 bushels of corn a $4.00 300 lbs of Blade fodder & 250 lbs of Straw sold to the C.States amount $112.25 Paid at Staunton Va.Nov. 1864 by Capt. & Q.M., C.S.A.
Dec. 7/72 - Rejected
Bibliographic Information : Southern Claims Commission: Claim of Hays Moffett, 1872, Claim No. 15,469, Source copy consulted: National Archives, Washington, D.C., fiche #483.
