Southern Claims Commission Claim of Hollie McFadden of Rutherford
County, Tennessee
By William A. Allen, allen@nconnect.net, March 1999, West Bend, WI
The Southern Claims Commission was created by Congress as a result of
pleas from citizens of southern states who had sustained losses during
the Civil War (1861-1865). In 1871, Congress appropriated funds "for the
payment of claims of loyal citizens for supplies furnished during the Rebellion".
This commission addressed claims (for personal property only) from residents
of the 12 states formerly "in rebellion" - Alabama, Arkansas, Florida,
Georgia, Louisiana, Mississippi, North and South Carolina, Tennessee, Texas,
Virginia, and West Virginia. Claims by loyal citizens in the "Union" states
not in rebellion had been offered similar compensation by an act passed
on July 4, 1864 (nicknamed the "Fourth of July claims"). Over the nine
years (1871-1880) that the Southern Claims Commission operated, 22,298
claims totaling over $60 million dollars were submitted; however, only
7,092 were 'allowed' and received, generally, drastically reduced compensation,
totaling about $4.6 million actually paid out.
The Southern Claims Commission was a three-man board which reviewed
and subjected claims to rigid criteria requiring the claimant to both prove
his loyalty and produce witnesses and/or receipts for the lost property.
The Commissioners appointed local "Special Commissioners" to actually hear
these claims, determine the authenticity of the claims, and decide if indeed
the claimants had been loyal to the Union during the war. Many claims were
disallowed as being "the fortunes of a war for the public defense" or losses
due to "pillage by unauthorized soldiers".
The actual claim procedure consisted of several steps, and the complete
process for a successful claim typically spanned several years from claim
submittal to final payment. First, a Claim Petition (a pre-printed, "fill-in-the-blanks"
form) was submitted, generally with the help of an attorney. These petitions
were turned over to a local Special Commissioner who investigated the claim,
and particularly the claimant and his family. This Special Commissioner
then took depositions from the person making the claim and from those witnesses
that the claimant named to (1) testify as to the claimant's Union loyalty;
and (2) testify as to the nature, value, and circumstances of the actual
property loss. The local Special Commissioner then prepared a recommendation
package which went to the three-man Claim Commission in Washington; and
this Commission reviewed the package and recommended any compensation they
saw fit to Congress. Finally, the approval was processed through the Treasury
Department for payment. If an attorney was involved, the payment was actually
sent to the attorney.
There were three types or dispositions of claims:
(1) Barred. Claim was either filed too late or the commissioner ruled
the claimant a Confederate supporter. Generally, barred claim files do
not include depositions or other such supporting material.
(2) Disallowed. Claim was not paid, but for reasons other than late
filing or the fact that the claimant was a Confederate supporter.
(3) Allowed. The U.S. paid the claim or some portion thereof.
A total of 3929 claims were submitted from citizens of Tennessee, and
the preponderance of these claims were from the upper eastern part of the
state where a majority of the citizens had opposed secession. There were
other notable areas in the former Confederacy that held pro-Union sentiments
- a number of counties in northern Alabama, and that portion of Virginia
that became West Virginia during the Civil War. About 150 claims were filed
from Rutherford County, but only 31 of these claims were allowed.
At the time of the Battle of Stones River in 1862, Hollie McFadden was
a widow, about 61 years old, living on her family farm with some of her
younger children. Hollie's husband, Samuel McFadden, had first purchased
land there in 1818, a few years after he married Hollie Posey. This property
was on the west side of the West Fork of Stone River, just east of today's
Highway 41, where today Van Cleve Lane ends at the Stones River Battlefield
monument. (In 1862, Van Cleve Lane was known as McFadden Lane.) Samuel
McFadden was born in Chester County, South Carolina in 1794, and he moved
to Davidson County, Tennessee with his parents, Guy and Jane McFadden,
about 1803-1804. Hollie Posey was born in 1801 in Edgefield County, South
Carolina, and she moved to Rutherford County with her parents, Zacheriah
and Jane Posey, about 1808-1810. As the McFadden family lived some distance
from the Posey family, I'm not sure how Samuel met Hollie. However, Guy
McFadden did own land in Rutherford County, so perhaps the young Samuel
McFadden was farming this property away from his family. Samuel and Hollie
were married in 1815 when he was 20 years old, and she was not quite 14
years old. Their first child was born when Hollie was 151/2, and they had
4 children before Hollie was 21. They eventually had 14 children who lived
to adulthood, and quite probably others who died young. (So much for the
perils of teen-age mothers!) Public records indicate that Samuel was a
successful farmer as he continued to purchase land and at least one slave
through the years. He was a trustee of the New School Presbyterian Church
at Sulphur Spring (across the River northeast of their farm). Samuel McFadden
died in April 1848, and he is buried in a family cemetery, located today
near the Battlefield Artillery Monument. Hollie was left with 8 minor children
in her home, ages 3 to 19, and it would seem that she continued to prosper
after Samuel's death. (Samuel died with no will, and his estate was valued
at over $12,000 - a substantial sum at that time.) By the time of the Civil
War, there were only 3 or 4 of the children still living at the family
home.
The following is a transcription of the Southern Claims Commission file
of Hollie McFadden. The file totals about 30 pages, including 3 pages of
the initial petition (made in October 1871), 3 pages of application to
have testimony taken, 11 pages of the special commissioner's recorded depositions
and findings (November 1871), 2 pages of the Commissioners of Claims recommendation
to Congress disallowing the claim (December 1876), and over 10 pages concerning
the appeal of the case to the Court of Claims in 1892. Documents were typically
legal size pages, folded in quarters, and a "title block" or heading was
written on the cover, or back of the outer page. In transcribing this file,
I have attempted to mirror the capitalization, spelling and punctuation
of the original records. As was common with much handwriting of that time,
few sentences begin with a capital letter, and few sentences end with a
period. The handwritten portions of the special commissioner's package
(the depositions, etc) are in several different handwritings, and none
of these seem to be the handwriting of the witnesses nor the special commissioner.
I suspect and assume that most of the data was written by lawyers and/or
scribes of the attorneys who handled the case for Hollie McFadden.
(document cover)
Act of 3d March, 1871
PETITION OF
Mrs. H. McFadden
Rutherford Co. Tennessee
$2025.85
(document body)
TO THE COMMISSIONERS OF CLAIMS, Under Act of 3d March, 1871, Washington,
D. C.
The petition of Mrs. H. McFadden respectfully represents:
That your petitioner is a resident of the county of Rutherford in the
State of Tennessee; that her post-office address is Murfreesboro Tennessee
in said county and State; and that at the time her claim and each item
thereof as herein set forth accrued, was a resident of the County of and
State of Tennessee; that she is the original owner of said claim; that
she has never sold, assigned or transferred the same or any part thereof
to any person; that no mortgage, bill of sale or other lien of like nature
has at any time rested upon it, or any part thereof, nor has it been attached
or taken in execution; that the same has not been paid by the United States
or any of their officers or agents, nor have the United States any legal
offset against the same or any part thereof; that she is the sole owner
of the said claim, no other person being interested therein; that said
claim does not contain any charge for property which was destroyed or stolen
by the troops or other persons; that the rates or prices charged are reasonable
and just, and do not exceed the market rate or price of like stores or
property at the time and place stated; all of which your petitioner states
of his own knowledge.
Your petitioner further states that she is now and was at the time
the several items of her said claim accrued, as stated herein, a citizen
of the United States; that she remained a loyal adherent to the cause and
Government of the United States, during the war of 1861, &c.; and was
so loyal before and at the time of the taking or furnishing of the property
for which this claim is made.
And your petitioner further represents, and of her own knowledge states,
that on the day of January A.D. 1863, at near Murfreesboro in the State
of Tennessee the following property or stores were taken from your petitioner
for the use of the army of the United States, and for which payment is
claimed, viz:
4 H'd Cattle 600 lbs Wt. Each @ 4¢ per lb 96.00
3 H'd Serviceable Horses @ 125.00 Each 375.00
17 H'd Hogs 100 lbs Each @ 5¢ per lb 85.00
2000 pounds Salted Pork @ 10¢ per lb 200.00
2 Barrels Salt 700 lbs @ 3¢ per lb 21.00
1 Barrel Vinegar 40 gal. 25¢ per gal 10.00
1 Barrel Sugar 240 lbs @ 9¢ per lb 21.60
1 Barrel Molasses 44 gal @ 50¢ per gal 22.00
1 Sack of Coffee 164 lbs @ 20¢ per lb 32.80
3 Bushels Corn Meal @ 65¢ per bu 1.95
1 Barrel of Flower @ 8.00 8.00
3000 Bundles of Fodder 1¢ per bund 30.00
805 Bushels Corn @ 60 ¢ per bu 483.00
14660 Cedar Rails, equal to about 1461/2 cords wood, 100 rails estimated
per cord @ 3.00 per cord 439.50
5 acres Standing timber coverage 80 cords per acre @ 50¢ per cord
200.00
Balance $2025.85
which said property or stores being of the kind, quantity, quality and
value above stated was taken by to United States Troops belonging to the
Cumberland Department of the United States Army, in the service of the
United States, acting as foraging parties, who, as your petitioner has
been informed and believes was stationed at around Murfreesboro under the
command of Major Gen'l W S Rosecrans who at that time had command of the
United States forces in the District in which said property was taken.
And your petitioner further represents that she has been informed and
believes that the said stores or property was taken from your petitioner
as above stated and removed to the camps of the said Army for the use of
the said command; that at the taking of said property, or stores, no vouchers,
receipt or other writing was given therefor by the person taking the same
as, aforesaid or received at any time by your petitioner.
Your petitioner further states that the claim, within and above mentioned
has not heretofore been presented to any Officer or Agent of the U. S.
Government or to Congress or any Committee thereof for adjudication nor
compensation received therefor.
Your petitioner hereby constitutes and appoints John D. Perryman Esq.
Attorney-at-Law, of Washington D.C. her true and lawful attorney, with
full power of substitution and association, to prosecute this her claim,
and to receive a draft payable to the order of your petitioner for such
amount as may be allowed, and to do all acts necessary and proper in the
premises.
Your petitioner therefore prays that said claim may be examined and
considered under the provisions of the Act of Congress approved 3d March,
1871, dated this day of 187 (not filled in)
Hollie McFadden
(signed by "X", noted "her mark")
Mrs. H. McFadden being duly sworn, deposes and says, that she is the
petitioner named in the foregoing petition, and who signed the same; that
the matters therein stated are true of deponent's own knowledge, except
as to those matters which are stated on information and belief, and, as
to those matters, she believes them to be true; and deponent further says,
that she did not voluntarily serve in the Confederate army or navy, either
as an officer, soldier, or sailor, or in any other capacity, at any time
during the late rebellion; that she never voluntarily 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 thereof, and that she never voluntarily accepted
or exercised the functions of any office whatsoever under, or yielded voluntary
support to the said Confederate government.
Hollie McFadden
(signed by "X", noted "her mark")
Witnesses: J. T. Richardson, Charles R. Holmes
Sworn to, and subscribed before me this 27 day of October 1871, and
I certify that the affiant is to me personally known, and that I read over
to her this affidavit before she made oath thereto.
James O. Oslin Clerk
Rutherford County Court
I rely upon the following witnesses, and others, to prove my loyalty:
J. A. Collier residing in Rutherford County
E. B. Hunt residing in Rutherford County
W. J. McKnight residing in Rutherford County
N. C. Blanton residing in Rutherford County
And also expect to prove the other facts alleged in the foregoing petition
by
Favere Cason residing in Rutherford County
L. Russell residing in Rutherford County
Hollie McFadden
(signed by "X", noted "her mark")
Witnesses, J. T. Richardson, Charles R. Holmes
(document cover)
CLAIM of
Mrs. H McFadden
of
Rutherford County Tennessee
$2025.85
APPLICATION TO HAVE TESTIMONY TAKEN BY SPECIAL COMMISSIONER Jesse G.
Frazer
(document body)
BEFORE THE COMMISSIONERS OF CLAIMS,
Under Act of Congress of March 3, 1871.
In the matter of the Claim of Mrs. H McFadden of County in the County
of Rutherford and State of Tennessee
Comes now the claimant, before Jessee G Frazer Esq., Special Commissioner
for the State of Tennessee, and represents that he has heretofore filed
with the above-named Commissioners a Petition for the allowance of a claim
for property taken for the use of the army of the United States, which
claim, as stated below, does not exceed the sum of three thousand dollars.
That the said claim, stated by items, and excluding therefrom all such
items as refer to the DAMAGE, DESTRUCTION, and LOSS, and not the USE, of
property; to unauthorized or unnecessary DEPREDATIONS of troops and other
persons upon the property, or to RENT or compensation for the occupation
of buildings, grounds, or other real estate, is as follows:
4 Head Cattle 600 lbs Wt. Each @ 4¢ per lb
$ 96.00
3 Head Serviceable Horses @ 125.00 H'd
375.00
17 Head Hogs 100 lbs Each @ 5¢ per lb
85.00
2000 pounds Salted Pork @ 10¢ per lb
200.00
2 Barrels Salt 700 lbs @ 3¢ per lb
21.00
1 Barrel Vinegar 40 gal. 25¢ per gal
10.00
1 Barrel Sugar 240 lbs @ 9¢ per lb
21.60
1 Barrel Molasses 44 gal @ 50¢ per gal
22.00
1 Sack of Coffee 164 lbs @ 20¢ per lb
32.80
3 Bushels Corn Meal @ 60¢ per bu
1.95
1 Barrel of Flower @ 8.00 per Bbl
8.00
3000 Bundles of Fodder 1¢ per bund
30.00
805 Bushels Corn @ 60 ¢ per bu
483.00
14660 Cedar Rails, equal to about 1461/2 @ 3.00
439.50
5 acres Standing timber 80 cords per acre @ 50¢
200.00
Total,
$2025.85
That, as stated in the Petition referred to, the property in question
was taken from Mrs. H. McFadden in the County of Rutherford, in the State
of Tennessee for the use of a portion of the army of the United States,
known as the Army of the Cumberland, and commanded by Maj Gen'l W S Rosecrans
and that the persons who took or received the property, or who authorized
or directed it to be taken or furnished, were the following:
United States Troops, Post of Murfreesboro
That the property was removed to the Camps of the said Troops and used
for or by them as aforesaid; all this on or about the __________ day of
January in the year 1863, as appears by the petition presented to the Commissioners.
That the Claimant is unable, to produce the witnesses hereafter to be
named before the Commissioners at the city of Washington for and because,
of the following reasons, to wit: (left blank)
That by the following named persons, the claimant expects to prove that,
from the beginning of hostilities against the United States to the end
thereof, his sympathies were constantly with the cause of the United States;
that he never of his own free will and accord, did anything, or offered,
or sought, or attempted to do anything, by word or deed, to injure said
cause or retard its success, and that he was at all times ready and willing,
when called upon, or if called upon, to aid and assist the cause of the
Union, or its supporters, so far as his means and power, and the circumstances
of the case, permitted.
J. A. Collier of Rutherford County
E. B. Hunt of Rutherford County
W. J. McKnight of Rutherford County
N. C. Blanton of Rutherford County
That by the following named persons, the claimant expects to prove the
taking or furnishing of the property for the use of the army of the United
States:
Favere Cason of Rutherford County
L. Russell of Rutherford County
The claimant now prays that the testimony of the witnesses just designated
be taken and recorded, at such place and at such time as the
Special Commissioner may designate, at the reasonable cost of the said
claimant; and that due notice of the time and place of the taking thereof
be given to the Claimant, or to his counsel.
[This form was not dated nor signed by the claimant nor her attorney.
Obviously, the information given is exactly the same as given in the Petition.]
(document cover, all handwritten)
No 12773
Mrs. Hollie McFadden
Rutherford Co Tennessee
Testimony of Claimant and her witnesses taken
on the 18th day of November 1871
John D Perryman Atty [in a different handwriting; apparently added
after the file reached Washington]
Jesse G. Frazer Special Comm
Feby. 10/73 [this may be the same handwriting as Perryman's name; probably
the date actually submitted]
(document body)
I, JESSE G. FRAZER, Commissioner of the United States Circuit Court
for the Middle District of Tennessee, at Nashville, do hereby Certify that
the foregoing Depositions of Mrs. Hollie McFadden Claimant of Rutherford
County State of Tennessee, and Faver Cason, N. C. Blanton, Wm. J. McKnight
Witnesses, were taken before me as stated in the Caption and reduced
to writing by in my presence and in the presence of the Claimant and his
Attorney, James S. Hull Esq., at Murfreesboro County of Rutherford and
State of Tennessee, on this the 18 day of November A.D. 1871, the same
to be read as evidence in the case of Mrs. Hollie McFadden, Claimant, vs.
the Government or the United States. That I am not of kin, or Counsel to
the Claimant, and that I have no interest, directly or indirectly in this
case, and I do further certify, that the Claimant and his witnesses were
first sworn to speak the truth, the whole truth. and nothing but the truth.
That the Claimant and his witnesses, signed each his own signature in my
presence, and that the signatures thereto are in their own proper hand
writing except Hollie McFadden, who made their mark, in my presence and
which were attested in my presence. That the Claimant and witnesses were
examined separately and apart and out of the hearing of each other.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix my Seal of Office,
at Office, in Nashville, Tennessee, on this the 18th day of November AD;
1871, and of the Independence of the United States, the 95 year.
(signed)
Jesse G. Frazer
Commissioner of the United States Circuit Court for the Middle District
of Tennessee
[I assume James S. Hull was a local Murfreesboro attorney acting for
the Washington D.C. attorney.]
Mrs Hollie McFadden
V
The Government of the United States
Mrs Hollie McFadden aged 70 years being duly sworn to speak the truth
the whole truth and nothing but the truth and examined by Claimants Attorney
Jas S. Hull stated as follows:
Mrs Hollie McFadden aged 70 years resides in Murfreesboro, Tennessee,
have resided in and near the said place since my infancy
never was south of the Federal lines after the occupation of Murfreesboro
by the United States Troops
never rendered any aid to the southern cause, either in goods, chattels,
or money. I did not believe in the success of the Southern Confederacy
my hope and belief was with the United States Government and wished
for the maintenance of the Union, and the overthrow of the rebellion.
I lived on a part of the Battle Field occupied by Genl Rosecrans Army
during or before and at the time of the Battle of Stone River
I had gone away out of reach of danger, the Army of Genl Rosecrans
took the property during the Battle as set forth in the account herewith
submitted, the goods I had on hand when the fight began and after the Battle
it was all gone. I believe the property was consumed by the said Federal
Army, in a legitimate manner for rations, forage and fuel as the inclemency
of the weather the necessity for supplies rendered it necessary, for the
comfort of the said Army. I have not charged in this account for any damage,
but for the actual supplies on hand when the battle began.
If I had been at the premises, I should have given any consent for
the taking the property under such great necessities. I know that the Rail
Road between Nashville and the Battle Field was broken up at that time,
communications with base of supplies cut off & the roads impossible
for teams, and the Army had to rely on the surrounding city for some time
for its supplies.
The value of the articles I believe to be below the prices at that
time or at the present and reasonable and just
Cross Examination by Special Comm Frazer
[The handwritten deposition record does not quote the questions that
were asked and answered. The Special Commissioners were provided a list
of questions to ask each claimant, but that listing is not included in
the file. Some of the questions are obvious by the answers, but I do not
know the exact order of the list of questions as asked in November 1871.
Appendix A at the end of this paper gives the list of questions as revised
July 1, 1874; however, this was obviously not precisely the list of questions
used in 1871.]
Answers:
1. I lived near Murfreesboro Tennessee in 1861 and have been there
ever since. I was farming
2. I was at home all through the war
3 through 17. "No" to all
18. I do not know. I lost some property when they were camped here
and suppose they got my team and yoke of oxen. I got no pay.
19 through 22. "No" to all
23. I had one son in the Confederate army named John W. I gave him
no aid or support
24 through 32. "No" to all
33. I was for the Union. Had not ? but done what I could for the Union
and against secession.
34. I do solemly declare that I answer all those questions in the affirmative
1. I was not
2. I did not see them get the articles
3. ? (one word, unreadable)
4. I do not know
5. I do not know
6. Don't Know
7. Can't tell
8. Don't know
9. Don't know
10. No
11. I made none
12. No
13. Don't know
14. Yes. All ? Gen Thomas army
15. Don't Know
16. Don't Know
17. Don't Know
18. No did not see them taken
19. I do
20. I do
21. I do
22. I do
23. I do
(signed) Hollie McFadden (by her "X" mark)
attested: James S. Hull
Faver Cason aged 45 years being duly sworn and first examined by the
Claimants Attorney James S. Hull in the presence of the Claimant stated
as follows:
Faver Cason aged 45 years, reside in Wilson County, Tennessee
my occupation Farmer.
Have resided in said County about 30 years. I was present in General
Crittendens Corps as Chief of Scouts at the Battle of Stones River, and
know that Crittendens Corps occupied the premises of Mrs H McFadden during
said Battle and I know by Genl Crittendens orders the out Buildings consisting
of Cedar logs were pulled down and used for fuel and breaast work. Also
all the fenceing on the premises was used for fuel which were good cedar
Rails. I know that the place was in good fix when we occupied the place
or premises, and whatever effects were about the House or premises were
used by our Army and I know the Circumstances and necessities were such
that we had to use all available material within reach and needed them.
I do not know the exact items used, but the appearance of the claimants
premises were that of persons comfortable circumstaqnces. The weather was
wet and cold and the necessities of our army great, the troop without shelter,
the supplies cut off, and the wounded as well as the soldiers in the ranks
needing every thing that would sustain them.
Cross Examination by Special Commissioner
[Again, the exact list of questions is not known. See Appendix A for
a list of the questions used in 1874.]
Answers:
1. I was
2. I saw them take the houses and fencing.
3. No
4. In January 1863 the army under the command of Gen. Crittenden camped
on the premises of the Claimant and took the articles
5. I remember none but the army
6. Gen Crittenden was there in person and ordered the army to take
the articles, but I do not remember particularly what was said.
7. The houses were torn down and the fences also and consumed by the
army on the premises.
8. By soldiers
9. Answered
10. For fuel, forts, etc
11. No
12. No
13. In day and night publicly
14. Yes. Gen Crittendens
15. The houses were the outhouses on the farm made of cedar logs, and
used for stables, negro cabins etc. The rails were cedar and new and old
and in the fence. I did not talk to the Claimant about the value of the
articles and do not know their value.
16. I do not know the number of the houses or rails.
17. Unreadable
18. Answered
19. I do for I saw the army using these.
20. I do
21. I do
22. I do
23. I do
(signed) Faver Cason
(the following is a separate sheet that was apparently submitted to
back up Cason's testimony. I assume Hollie McFadden had obtained this from
Cason in 1864.)
Murfreesboro Tenn July 26th 1864
I certify that I was present and saw the houses of Mrs. H McFadden
torn down and used as a military necesity by Gen Critendons Corps of the
United State Army during the Battle of Stone River. This on or about the
31st day of December 1862.
Faver Cason
Capt 5 Tenn Cav
N C Blanton aged 40 years being duly sworn and first examined by Claimants
Attorney James S. Hull in the presence of the Claimant stated as follows:
N. C. Blanton aged 40 years, reside in Murfreesboro, Rutherford County.
My occupation Blacksmith I have resided in said place since 1860 during
which time I have been well and intimately acquainted with Mrs H McFadden.
She has been a widow for the last 13 years. My Mother was an intimate acquaintance
of Mrs McFadden and ardently loyal. Our family intimacy enabled me to know
that the Claimant was during my acquaintance strictly loyal.
I was known as an out spoken Union Man by all the community and I know
that the Claimant was.
Cross Examination by Special Comm Frazer
I lived near Claimant all through the war talked to her publicly and
privately and was well acquaint with her sentiments and actions and know
that she was well beloved and a true Union woman all through the war. I
was a Union man myself and she knew I was and I knew she was. She could
not prove her loyalty to the Confederacy
(signed) N C Blanton
W. J. McKnight aged 44 years being duly sworn and examined by the Claimants
Attorney James S. Hull and the Special Commissioner states that he lives
in Murfreesboro Tennessee
His occupation is that of Blacksmith and that he has read the statement
of N. C. Blanton in this case in relation to the loyalty of the Claimant
and adopt it as his own.
(signed) Wm J McKnight
[It is interesting to note that both N. C. Blanton and William J. McKnight
also made claims to the Southern Claims Commission for losses. McKnight's
claim was allowed; however, Blanton's claim was barred.]
(document cover)
No. 12773
CLAIM
Of
Hattie McFadden
Of
Rutherford Co Tennessee
SUMMARY REPORT
SUBMITTED TO CONGRESS
December 4, 1876
1. You are to investigate only such cases as are referred to you for
the purpose of investigation, thus confining your services to claims actually
under examination and intended for the next report; but this is not to
restrain you from sending forward, for future use, any information deemed
reliable and important coming into your possession without delay or effort.
[Benjamin's writing.]
2. When the investigation of a case is begun, you are to finish it
up and send forward your report and evidence as soon as possible, and not
leave it to go upon other cases or into other localities, unless you are
compelled to postpone it. [Benjamin's writing.]
3. You are to take the depositions of witnesses upon the question of
the claimant's loyalty or disloyalty & to establish any other facts
requiring the allowance or disallowance of the claim, [Aldis' writing.]
4. In investigating claims you will act according to your own judgment
as to proper mode of making inquiry and as to the number of witnesses whose
depositions you may take; but as your report & the depositions you
take will be shown to the claimant or his attorney & will be open to
rebuttal, you will of course use much care to have them correct. [Aldis'
writing.]
5. You will carefully observe the directions & suggestions sent
to you by the Comm'rs and by the Com'r having special charge of the case;
and thoroughly examine & report upon those points which he may indicate
to you as being important. [Aldis' writing.]
6. If any papers or Exhibits are produced to you send the originals
if you can; but if not then send attested copies. [Aldis' writing.]
7. When you have finished taking the evidence in a case then draw up
your report. You should state briefly what you have done in investigating
the case, the names of the witnesses & a brief summary of your testimony,
and such remarks as you deem appropriate as to the appearance & credibility
of the witnesses and as to any other facts & matters which in your
judgment may affect the decision of the case. [Aldis' writing.]
8. Confidential or hearsay information may be received by you, but
only for the purpose of ascertaining what persons should be examined upon
oath, what questions should be put to them to draw out the f acts, what
other places should be visited in search of evidence, or what steps should
be taken by the Commissioners to obtain further evidence for the Government
at Washington or elsewhere. [Benjamin's writing.]
9. Your reports are to be in brief, temperate language, exhibiting
no personal feeling; each confined to the facts exhibited by the testimony
accompanying it, and free from moralizing and generalization. [Benjamin's
writing.]
10. The deposition of each witness should begin with a statement of
the name, age, residence, and occupation of the witness, whether related
to the claimant, whether interested in the claim, and whether his feelings
toward the claimant are friendly, unfriendly or neutral. It should be as
closely as possible in the words of the witness, confined to the matters
under examination and should show how the witness knows the facts, or alleged
facts, to which he testifies. [Benjamin's writing.]
11. The Commissioners desire that your earlier investigations should
be in the counties of ... [here fourteen Tennessee counties are named as
Brownlow's immediate assignment.]
12. At the close of each week, you are to forward for the information
of the Commissioners, and to be put on file, a weekly report, showing each
day's movement and work and your probable movements for the suceeding week.
[Benjamin's writing.]
13. To enable you to administer an oath to a witness and to take his
deposition the Commissioners will appoint you a special commissioner, the
appointment to be used only for the purposes just stated. [Benjamin's writing.]
By William A. Allen, allen@nconnect.net, March 1999, West Bend, WI
Bibliography:
Records Of The Southern Claims Commission: Tales of Civil War Citizens,
by Carol J. Siemens
The Southern Claims Commission: A little known source of genealogical
information by Elizabeth Nitschke Hicks, November 1996
Southern Loyalists in the Civil War: The Southern Claims Commission,
by Gary B. Mills, Genealogical Publishing Co. Inc.
(Notes with/for the map, stonesriver1.jpg, of Stones River Battlefield)
From the "Official Map and Guide of Stones River National Battlefield",
National Park Service
"January 2,1863 (the third day of the battle)
Bragg, confident that Rosecrans would withdraw, was surprised to find
the Federals not only still on the field but on the east side of Stones
River occupying a hill that threatened his army's right flank. To remove
this threat, Bragg ordered Breckinridge's five brigades, totaling 4,500
men, to seize the high ground and drive the enemy back across the river.
The assault began about an hour before dusk and, despite a cold, driving
rain, carried the crest after overcoming some initial resistance. The outnumbered
Union soldiers fled in headlong retreat down the back slope to a shallow
river crossing known as McFadden's Ford. There the pursuing Confederates
encountered a deadly surprise.
When the Southerners were first forming for their attack, General Crittenden
ordered his chief of artillery, Capt. John E. Mendenhall, to provide support
for the Union troops across the river. Within half an hour, Mendenhall
assembled 58 guns - 45 on the heights about 100 yards west of McFadden's
Ford, the rest in two batteries to the southwest - and trained them on
the ground across which the Confederates would come. As Breckinridge's
soldiers came into range, the Federal gunners opened fire. The result was
carnage. In minutes, 1,800 Confederates were killed or wounded; the rest
withdrew, as Union troops spearheaded by men from Negley's division crossed
the river and reclaimed the heights. Mendenhall's concentrated artillery
fire had turned a dashing charge into a grim retreat.
I'm fairly certain, these guns were placed on the McFadden property.
(W. Allen)
Tactically indecisive, the Battle of Stones River cost 13,249 Federal
casualties and 10,266 Confederate. After Bragg withdrew from Murfreesboro,
Rosecrans claimed victory, providing a much-needed boost to northern morale
following the disastrous Union defeat at Fredericksburg, Va., just three
weeks before. President Abraham Lincoln thanked Rosecrans and his soldiers
"for your and their skill, endurance, and dauntless courage."
Location 6 on the Map - McFadden's Ford - As Union soldiers crouched
here behind breastworks of stone and rail, a battered advance division
fled back across the river pursued by Breckinridge's hard-driving Confederate
brigades. Mendhall's massed Union batteries, firing from the rise above
McFadden's Ford, halted Breckinridge's pursuit with shot, shell, and canister.
Some 1,800 Confederates were killed or wounded in less than an hour in
the battle's final action." (Samuel McFadden is buried in a four grave
family plot "about 150 feet west of the artillery monument.")
Bill Allen
allen@nconnect.net
West Bend, WI
