Summary: Abner Shumake filed this claim in 1871 for $75, claiming the Union army under General Sheridan's command took one horse in 1864. Shumake was a 47 year old merchant who took an Oath to the Confederacy but helped his nephew flee to the North. The claim was disallowed.
Items Claimed:
| Item Claimed: | Amount Claimed: | Amount Allowed: | Amount Disallowed: |
| 1 dark bay horse | $75.00 | $0.00 | $75.00 |
Claims Summary:
Claimant was a merchant and took Oath of Allegiance to the Confederacy. Had a nephew in the Confederate Army till he got him across the lines. His Sympathies were for the Union - Such is the Substance of his Statement. The only Witness he calls to his loyalty is his son who was Nine Years old when the War commenced, and who swears to his loyal talk etc.
When a Man takes the Oath of Allegiance to the Confederate States, it is presumptive evidence that he intends to keep it and the act is an act of unquestionable disloyalty to the United States, and inconsistent with the Character of a loyal adherent to the Cause of the Union and the Government of the United States, when such oath is taken voluntarily.
There is nothing to show in this case that Claimant did not take the oath and did not bear true faith and Allegiance to the Confederacy, except the casual aid he may have given to his nephew to escape into the Union lines. But this aid may have been inspired by other motives that those of hostility to the Confederacy -
We are not satisfied with the evidence of loyalty and therefore reject the Claim.
AO Aldis
JB HowellCommrs of Claims
Testimony: Abner Shumake
Deposition of Abner Shumake
Ques 1 Answer - Witness Says - I am 47 years old. I reside in Augusta Co. Va. I am a merchant by occupation. I resided at my present home for 30 years. I have never changed my residence.
4th Witness Says - I think I did take an oath to the Confederate States - I do not recollect its purport. I took an Amnesty oath at Staunton, Va in July 1865. I never asked for any pardon.
6th Witness Says. I never was in any way connected with the Civil Service of the Confederate States. I held no office, clerkship, or agency or employment of any kind whatever.
9th Witness Says - I was never in the Military or Naval service of the Confederacy. I never was an Officer, Soldier, Sailor or Marine of the Confederate States. I never was in the rebel service in any way.
14th Witness Says - I never was engaged in blockade running, traffick or intercourse between the lines. I never left the Confederate States during the rebellion.
17th Witness Says. I never was arrested by the Confederates. I never was arrested by the U.S. Government.
18 Witness Says. I never had any property taken by the Confederates. I was threatened with being shot by Confederate Soldiers, if I avowed myself as a Union man.
21 Witness Says - I never give anything to the U.S. Government.
23 Witness Says - I had a nephew in the Confederate Army until I got him across the lines - I did not contribute any equipment to him.
24 Witness Says - I never owned a Confederate Bond, nor did anything to support the credit of the Confederacy. I never give any aid and comfort to the rebellion -
30 Witness Says. I never held and office in the U. States, not was I educated at any of its Military or Naval Schools.
31 Witness Says. I never received a pass from any Officer of the Confederate States. I was under no diabilities imposed by the U.S. Constitution or its amendments.
33 Witness Says - At the beginning of the War my sympathies were with the Union, I did not vote at all on the Ordinance of Secession - after its ratification I adhered to the Union, and against the State.
34 Witness Says - I do declare that from the beginning of hostilities to the end thereof my sympathies were constantly with the Union and that I never did anything to injure said cause, or retard its success, and was willing at all times to aid the Union cause so far as was in my power to do so.
Further this deponent saith not.
Abner ShumakeSworn to and subscribed before me this 16th day of September 1871
WG Riley
USCom. and Special Commissioner for the State of Va.
Testimony: John W. Shumake
Deposition of John W. Shumake to prove the taking of the Horse mentioned in petition.
Ques 1. Answer. Witness Says - I am 19 years old I reside in Augusta Co. Va. I am a clerk - I was present and saw the horse charged in the petition was taken -
4 Witness Says. The horse was taken in the fall of 1864, from the claimants premises, by a officer and soldier, belonging to Genl. Sheridan's command. I did now know the name of the officer, or rank.
12 Witness Says. There was no receipt given or asked for that I know of. The horse was taken in the day time, about 2 o'clock P.M.
12 Witness Says. The horse was in good condition, he was I think about 9 years old, I think the horse was low at $75.00
19 Witness Says. the horse was taken for use of the Army. The Army had no Camp near there at that time. It was on a raid.
22 Witness Says. I think there was a great necessity for horses in the Army and they were justified in taking the horse, and suppose they had orders to take property. I believe the Government ought to pay for the horse.
General Interrogatory
Question Do you know other matter relative to this claim? If so, state the same fully.
Answer - I do not know of anything else.
Further this deponent saith not.
John W. Shumake
Sworn to and subscribed before me this 16th September 1871
Wm G Riley
USComr And Special Comr for Virginia
Deposition of John W. Shumake to prove loyalty of the Claimant
Question 1st Witness Says - I have known the claimant all my life, and was with him during the War, I heard him talk about the War, and he was all the time opposed to the rebellion and in favor of the Union. He was regarded by all who knew him to be a Union man, I have heard rebels abuse him because of his opposition to the rebellion. I never knew him to do anything for the United States, except to assist persons in getting to the Union lines - He done nothing in aid of the Confederate States. He could not have established any claim of loyalty to the Confederacy had it succeeded.
Further this deponent saith not.
John W. Shumake
Sworn to and subscribed before me this 16th day of September 1871
WG Riley (USComr)
And Special Comr for Va.
Testimony: John Yates and Samuel D. Humbert
We the undersigned Loyal Citizens of Augusta County Virginia do certify on oath that we have known Abner Shoemake for many years and know him to have been loyal to the United States Government before, at the time and since the taking of the claimants property in the petition mentioned.
John Yates, Mount Sidney
Sam
D. Humbert, New Hope
Sworn to & subscribed before me this 1st day of May 1871
HG McCausland N.P.
Testimony: United States War Department
ARCHIVE OFFICE, WAR DEPARTMENT
April 30, 1875
Book 2, Letters sent, page 107
Case of Abner Shumake
Augusta Co. Va.
Signs a petition for the detail of Benj. Wellar, who is acquainted with the running and repair of Thrushing Machines, to put in operation several of these machines in said county.
"He will be of more service to the Common Cause if he be detailed than he can be in the service as a soldier."
(AnIGO July 1864, W. No. 1419 in file)
Dec 11/71 Reported rejected
Testimony: United States War Department
ARCHIVE OFFICE, WAR DEPARTMENT
May 29, 1874
Book 2, Letters sent, page 19
Case of Abner Shumake
Augusta Co. Va.
Name of Shumake on a petition to the Cf. for the detail of a man.
See W 37 WD 1863
(left in files)
Note!
Hon JB Baldwin M.L. from VA forwards this petition and says "The petitioners are known to include most of the reputable people of the neighborhood of Mt. Sidney."
Dec 11/71 Reported rejected
Bibliographic Information : Southern Claims Commission: Claim of Abner Shumake, September 16, 1871, Claim No. 2572, Source copy consulted: National Archives, Washington, D.C., fiche #80.
