Remarks: The claimant is over 80 years of age. He swears to his loyal sentiments and that he adhered to the Union. That he opposed his sons going into the Confederate army and has boarded Union men. His sons, 6 of them, nevertheless enlisted in the army. Two or three witnesses testify to his loyal conversation and reputation. We incline to believe that claimant was loyal in sentiment and that he could not do anything for the Union and did not and would not do anything against it. The supplies were taken in March 1865 by General Wilson’s command. We allow $44. [signed] A.O. Aldis, J.B. Howell, O. Ferriss, Commissioners of Claims

The United States to Andrew McCullars: 29 bushels corn ($36.25); 100 pounds bacon ($25); 400 pounds of fodder ($8); total: $69.25

To the Commissioners of Claims (under Act of 3^rd March, 1871), Washington, D.C.

The petition of Andrew McCullars, respectfully represents:

That your petitioner is a resident of the county of Winston, in the State of Alabama; that his post office address is Houston in said County and State; and that at the time his claim and each item thereof as above set forth accrued he was a resident of the County of Winston and State of Alabama; that he is the original owner of said claim; that he 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 he 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 he is now and was at the time the several items of his said claim accrued, as stated herein, a citizen of the United States; that he 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 his own knowledge states, that on the 25^th day of March, A.D., 1865, at his residence in the State of Alabama 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, was: 29 bushels of corn, 100 pounds of bacon, 400 pounds of fodder, which said property or stores being of the kind, quantity, quality and value above stated was taken by the troops belonging to the command of General Upton, Department of the United States Army, in the service of the United States, who, as your petitioner has been informed and believes was on a raid through Alabama under the command of General Wilson 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 he has been informed and believes that the said stores or property was taken from your petitioner as above stated and removed to the camp at Clear Creek Falls for the use of the above troops; that at the taking of said property, or stores, no vouchers, receipt or other writing was given therefore 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 never been presented to any office, department or Congress for payment.

Your petitioner hereby constitutes and appoints C.W. Bennett, Attorney-at-Law, of Washington, D.C., his true and lawful attorney with full power of substitution and association, to prosecute this his 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 property in the premises.

Your petitioner therefore prays that his said claim may be examined and considered under the provision of the Act of Congress approved 3^rd March 1871, dated this 26^th day of July 1871 [signed] Andrew McCullars; Witnesses [signed] William Tucker and Thomas Boteler

State of Alabama, County of Winston: To wit: Andrew McCullars being duly sworn, deposes and says, that he is the petitioner named in the foregoing petition, and who signed the same; that the matters therein stated are true, of the deponent’s own knowledge, except as to those matters which are stated on information and belief, and as to those matters he believes them to be true; and deponent further says that he 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 he 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 he never voluntarily accepted or exercised the functions of any office whatsoever under, or yielded voluntary support to, the said Confederate government. [signed] Andrew McCullars

Sworn to, and subscribed before me this 22^nd day of August 1871 [signed] Hiram Underwood, J.P.

State of Alabama County of Winston, To wit: I, A.B. Hays, Judge and Ex Oficio, Clerk of the Probate Court in and for said County and State aforesaid, hereby certify that Hiram Underwood whose name appears to the foregoing jurat, was at the time stated in said jurat, a Justice of the Peace, duly authorized to administer oaths, and that the above is his genuine signature. I am not interested in this claim or its prosecution [signed] A.B. Hays, Judge and Ex Oficio, Clerk of Probate Court.

I expect to prove my loyalty by the following witnesses and others:

Thomas Bryant, residing in Winston County

James W. McCullars, residing in Winston County

William Channel, residing in Winston County

And also expect to prove the other facts alleged in the foregoing petitioner by

David McCullars, residing in Winston County

Thomas McCullars, residing in Winston County

Caroline McCullars, residing in Winston County

My Post Office address is Houston, Alabama

My Counsel is C.W. Bennett, Esq., whose Post Office address is Washington, D.C.

[signed] Andrew McCullars

Before the Commissioners of Claims, Under Act of Congress of March 3^rd, 1871: In the matter of the Claim of Andrew McCullars of Clear Creek Falls, in the County of Winston and State of Alabama.

Comes now the Claimant before A.B. Hays, Esq., Special Commissioner for the State of Alabama, 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 five 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:

29 bushels corn ($36.25); 100 pounds bacon ($25); 400 pounds of fodder ($8); total: $69.25

That, as stated in the Petitioner referred to, the property in question was taken from or furnished by Andrew McCullars of Winston county, in the State of Alabama, for the use of a portion of the army of the United States, known as General Wilson’s Cavalry, and commanded by General Upton and that the persons who took or received the property, or who authorized or directed it to be taken or furnished, were the following: General Upton of General Wilson’s Cavalry.

That the property was removed to the command, near Clear Creek Falls, Winston County, Alabama and used for or by the troops who taken it; all this on or about the 25^th day of March, in the year 1865, as appears by the petition presented to the Commissioners.

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:

Nathan Montgomery, of Houston, Alabama

William H. Hyde, of Houston, Alabama

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:

Caroline McCullars, of Clear Creek Falls, Alabama

David S. McCullars, of Clear Creek Falls, Alabama

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at such place an 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.

Submitted on this 3^rd day of July 1877 [signed] Andrew McCullars, Claimant; [signed] C.W. Bennett, Attorney.

Before the Commissioners of Claims, Washington, D.C.: Claim of Andrew McCullars of the County of Winston and State of Alabama, numbered 8987.

It is hereby certified that on the 24^th day of August 1877, at Houston in the County of Winston and State of Alabama came personally before me, for the purpose of a hearing in the above-entitled cause, the following persons, namely:

Andrew McCullars, Claimant

Nathan Montgomery, Witness

William H. Hyde, Witness

Caroline McCullars, Witness

David S. McCullars, Witness

Each and every deponent, previous to his or her examination, was properly and duly sworn or affirmed to tell the truth, the whole truth, and nothing but the truth concerning the matters under examination; the claimant’s witnesses were examined separately and apart from each other; the testimony of each deponent was written out by me in presence of such deponent, who signed the same in my presence after having the deposition read aloud to such deponent, and the signature of such deponent was by attested at the time it was affixed to the deposition.

Witness my hand and seal this 24^th day of August 1877. [signed] A.B. Hays, Special Commissioner

1 – My name is Andrew McCullars, age 81 years. I have resided in Winston County, Alabama for the past sixteen years and five months. I lived a part of the time about 3 ½ miles south of Houston, Winston County, Alabama. Then, along about the middle of the war, I removed on Clear Creek some thirteen miles south of Houston. I still live on Clear Creek, my occupation is farming.

2 – I am the claimant and interested in the success of the claim.

3 – I was born near Tar River in North Carolina, so my mother informed me.

4 – Six months before the outbreak of the rebellion, I resided 3 ½ miles south of Houston, Winston County, Alabama and remained there until about the middle of the war. I can’t remember the dates. Then Moved down on Clear Creek some 13 miles south of Houston, and there remained until the war ended. My business was farming from the beginning to the end of the war. I moved because I was broken up by being fed on by the Rebel cavalry, and to get where I could live better.

5 – My sympathies were on the Union side from the beginning to the end of the war, and I was glad when I saw the Federal soldiers coming through this part of the country.

6 – I don’t recollect that I ever did.

7 – Yes. I wanted nothing but the Union.

8 – Nothing but feed Union men and tell them how to keep out of the way of the Rebel cavalry.

9 – I don’t know that I did have any.

10 – No.

11 – No.

12 – I took the Union side and voted against secession.

13 – I did adhere to the Union cause all the time.

14 – I was glad to hear of the Union victories, but it always made me feel unhappy to hear of so many men being killed. I felt glad and yet feel so because of final surrender of the Confederates.

15 – None in particular from any source. John Henson, a Union man, loaned me corn and meal when I was out and needing.

16 – No.

17 – James H. Williams, Benjamin F. Curtis, William H. Hyde, Nathan Montgomery, Dr. Hiram Baird, George W. Baird, William R. Cole, and John W. Montgomery of the above named Union men James H. Williams and Dr. Hiram Baird are dead. The others all could testify to my loyalty. Nathan Montgomery and William H. Hyde are called to testify to my loyalty.

18 – Captain Dan Watley threatened to take me off to prison if I did not bring up my son who was lying out from the Rebel cavalry. Watley was captain of Rebel cavalry. Lieutenant Green Watley taken me up and kept me all night and until 10 o’clock next day. I don’t remember the date. It was along in the time of the war. The Rebel cavalry come very often during the war and taken my corn, fodder and provisions without permission.

19 – Lieutenant Watley of the Confederate cavalry arrested me and kept me one night and until about 10 o’clock next day. I don’t know why he arrested me, unless it was to keep me from letting Union men know that he was in the country.

20 – They taken corn, fodder and provisions several times during the war. Some of them paid me a little Confederate money and shin plasters. I never asked for pay nor never presented an account to the Confederate government or any Rebel officers.

21 – No.

22 – I never did.

23 – None.

24 – None whatever.

25 – No.

26 – No.

27 – No.

28 – No.

29 – No.

30 – No.

31 – No.

32 – I don’t remember that I never did.

33 – No.

34 – No.

35 – No.

36 – Yes. I had six sons in the Confederate army. Their names are William McCullars, residence in Calhoun County, Alabama; Ransom McCullars, Randolph County, Alabama; Richard McCullars, residence in St. Clair County, Alabama; Andrew McCullars, Jr., residence Walker County, Alabama; Noah McCullars, Winston County, Alabama, and James McCullars, Winston County, Alabama. I do not remember their ages, but they range from thirty-five years to fifty-five years. I never aided them to a five cents worth of nothing while they were in the service. I wrote to William, Ransom, Richard, Noah and Andrew to stick to the Union as long as there was a pea in the dish, and advised them to keep out of the Confederate army. I advised James McCullars, my son, to keep out of the Confederate army, and he did keep out until conscripted and carried into the Rebel army. Then he ran away from them and came home and layout from the Rebels, and I fed him and watched for him to keep the Rebels from getting him.

37 – No.

38 – No.

39 – I have not taken any oath, except the registration oath since the war, in order to vote.

40 – No.

41 – No.

42 – No.

43 – No.

44 – Yes. I voted for a candidate against secession. I voted for the Union side all the time.

45 – No.

46 – No.

47 – No.

48 – No.

49 – No.

50 – No.

51 – No.

66 – I was the owner. I raised and produced it.

67 – The property was taken only from my premises at my house on Clear Creek in Winston County, Alabama. I owned there 80 acres of land and some 8 or 10 acres of it was cleared.

68 – No.

[signed] Andrew McCullars

1 – My name is Nathan Montgomery, age 64 years, residence three miles South of Houston, Winston County, Alabama where I have resided ever since the year 1853, except I removed to Mississippi in the Fall of 1865 and come back to my place in December of 1857. My occupation is farming.

2 – I am of no kin to claimant and not interested in the success of his claim.

52 – I favor of Andrew McCullars.

53 – I have know him intimately for sixteen years or more.

54 – I lived within three fourths of a mile the greater portion of the time, however, I worked at a steam mill in Walker County, Alabama about twenty-one miles from my home, but passed back and forth once a month at least.

55 – I met him very often, twenty times or more.

56 – Yes. I cannot remember the dates but we met very often, more often in the years 1862, 1863 and 1864 than at first, mostly at claimant’s own house in said County of Winston, Alabama. Our conversations were generally private, except in presence of our families. I think we talked about the war in presence of Dr. Hiram Baird. I heard claimant say that he was opposed to the war and that he entirely opposed to the war. He said he was in favor of the old constitution and thought President Lincoln ought to have been let alone and said he believed he would make as good president as we ever had. The war being on hand and the great calamities and distresses it brought on us was the cause of our conversations.

57 – Nothing only his own conversation.

58 – No.

59 – I don’t remember. He was considered a Union man by all the Union men in the country as far as I know.

60 – His public reputation was loyalty to the United States during the war as far as I ever heard any one speak. I heard James H. Williams, William H. Hyde, George W. Baird, Hiram Baird speak of him. They all could testify to his public reputation.

61 – James H. Williams, Hiram Baird, George W. Baird, William Hyde, John W. Montgomery and William R. Cole. I think they all could testify to the loyalty of claimant.

62 – I was. Claimant knew me to be such. He knew me to such by my conversation and conduct generally.

63 – I do not remember.

64 – Nothing more than he opposed the Confederacy in all of his conversations, and said he thought the Confederacy was without a cause.

65 – I don’t remember any more.

[signed] Nathan Montgomery, Attest: [signed] A.B. Hays, Special Commissioner

1 – William H. Hyde, age 48 years. I have resided two and a half miles West of Houston ever since the 11^th day of February 1861. My main occupation has been carrying on a farm.

2 – I am not the claimant or interested in the success of the claim.

52 – In favor of Andrew McCullars.

53 – I have known him ever since May 1860. I have known him intimately ever since February 1861.

54 – I lived within about three miles of him.

55 – I met him often, but I cannot tell how often.

56 – Yes. We talked about it several times. I often heard claimant say during the years 1862, 1863 and 1864 say that the war was uncalled for and the thought the South had no right to do into war. He called it a rich man’s war and a poor man’s fight, and said he was opposed to the war.

57 – He was as good as any to let the people know when Rebel raiders were in the country. He said he was opposed to the war and wanted every man to keep out of the Rebel army. He said so mostly in 1863 and 1864.

58 – I do not.

59 – Nothing more than that he was counted a Union man as far as I know. He was very still and continues.

60 – The public reputation was that he was loyal to the United States. I know it by living near to him and by hearing him frequently speak in favor of the Union cause. I heard Charles M. Hinesley, Pink Brock and others. I don’t remember the name and dates. Nathan Montgomery, William Tucker, William Channell and George Hullett and many others could testify to his public reputation.

61 – Nathan Montgomery, William R. Cole, George Hullett, William A. Channell, George W. Baird, William J. Davidson, and James W. McCullars. I think they all could testify to claimant’s loyalty.

62 – Yes. Claimant knew me to be such by my acts toward the Union cause. He often sent Union men to me and sometimes come with them to me to get information and assistance to get inside the Union lines.

63 – I don’t know all about it, but the Rebels stopped and often fed on him and I heard them often call him a damned old Lincolnite and a damned old Tory &c. and they said they thought it would be just to the Confederacy to hang the damned old Unionite—and they fed on him as much as possible. I think this was said about the 16 or 17^th October 1864 when they had me as prisoner for being a Union man, and for helping Union men to get through to the Union lines and for feeding union men and soldiers.

64 – Yes. He advised his boys and friends to keep out of the rebel army and stay at home, and give such aid and benefit to the Union cause as he could by feeding Union men and giving them information how to keep out of the Rebel army.

65 – I have heard him say that he often thought and grieved over seeing the star and stripes trampled under foot and paraded over by Rebels and that he thought the Union cause a just one.

[signed] William H. Hyde; Attest: [signed] A.B. Hays, Special Commissioner

Andrew McCullars on property:

72 – No.

73 – My family informed me it was taken in daytime.

74 – I don’t know. I was not present.

75 – I think not.

76 – No, to all.

77 – I would suppose the troops were on a march or raid.

79 – I did not see any of the property taken. I know I had the corn in the crib, the bacon in the smoke house, and fodder in stack in the field nearby. I came home next day after it was taken. It was all taken from my premises on Clear Creek, Winston County, Alabama on or about the 25^th day of March 1865 by General Wilson’s Cavalry, so said, and used by them on their march. There was about 27 bushels of shelled corn, a small lot in the ear. There was about one hundred pounds or upwards of bacon. It consisted of four middlings that would weigh perhaps thirty pounds each, 25 pounds at least and about between 400 and 500 pounds of fodder.

The corn at that time was worth about two dollars in United States money and we were glad to get it at that price when we had anything to buy with. The bacon at that time was worth 25 cents per pound in United States money. Fodder was worth about two dollars per hundred binds. I don’t know any reasons why the army taken the property. I did not know the condition of the army. [signed] Andrew McCullars

1 – My name is Caroline McCullars, age 53 years, residence about twelve miles South of Houston, where I have resided some ten years, formerly lived about four miles south of Houston from the beginning until such the close of the war. My occupation is housekeeping.

2 – I am claimant’s wife, and equally interested with my husband.

72 – I was present and saw the property taken. I saw the corn, meat, fodder and dried fruit and chickens taken.

73 – the property was taken publicly in day time.

74 – Yes. I complained to an officer, he made no answer. My husband was absent.

75 – No. I did not know of such things. They left us without anything to eat. The officer said we would get pay for it someday.

76 – No, to all.

77 – The troops appeared to be on a raid, going south.

78 – I will. I saw all the property taken.

79 – It was dry corn, twenty-seven bushels was shelled and measured for bread corn and some four or five bushels in the shuck was taken from the corn crib. It was taken from our premises in Winston County, Alabama. There was twenty-seven bushels of shelled corn, and some four or five or six bushels in the shuck in the corn crib. I saw the shelled corn measured and supposed there was some four, five or six bushels in the shuck from the looks of the bulk, or appearance of the bulk. It was very good sound corn free from cobs and any kind of hash. The corn at that time was worth at least two dollars per bushel in United States money. The property was taken on the 25^th day of March 1865. The property was taken by General Wilson’s Cavalry, one Captain Brown was with the soldiers at our house when the property was taken. The property was taken away mostly in sacks on horses, and used by them.

There was some hundred and fifty or two hundred men and horses. They were at our house about one hour. They removed the property to their command out on the road. There was one officer present to my knowing. He had on a uniform and the soldiers called him Captain Brown. He ordered the soldiers to take the property and he informed me that we would get pay some day for it. Captain Brown ordered the soldiers to take the property and I suppose he as authorized to take it.

The bacon consisted of four middlings from hogs that weighted about 180 to 200 pounds and was very good meat. It was taken from our residence at the same time a the corn was taken. There was four middlings and they would weigh I suppose about 30 pounds each. Bacon at that time as very high and I don’t know exactly what it was worth. The bacon was taken same time the corn was taken, March 25^th, 1865 and by the same soldiers who taken the corn, and removed in same manner as the corn was removed. I don’t know exactly how much fodder there was. I would suppose there was about500 binds, and was very good fodder. The fodder was taken at the same time and place and by the same soldiers as the corn and bacon was taken and carried off in the same manner on horses, and I suppose the taking of the whole was authorized by the officer. I don’t know whether the army needed the property or not. I don’t know what fodder was worth. [signed] Caroline McCullars; Attest: [signed] A.B. Hays, Special Commissioner

1 – My name is David S. McCullars, age thirty years. I have resided in Winston County, Alabama, south of Houston from about four to fifteen miles for sixteen and a half years, occupation farming.

2 – I am a son of claimant. I am not interested in the success of his claim.

72 – Yes. I saw the corn, bacon and fodder taken. I also saw some venison and the honey from one bee stand or hive, and a lot of dried fruit and some chickens.

73 – The property was taken publicly in day time.

74 – My mother complained to an officer who the soldiers called Captain Brown and he said, as well as I recollect, that they were compelled to have corn to feed on or feed to their horses.

75 – No.

76 – No, to all.

77 – There were on a march or raid, going south.

78 – I saw the corn, bacon and fodder taken.

79 – There was about 27 bushels shelled, as well as I can now recollect, and some three or four or five bushels in ear in corn crib. The corn was at my father’s residence on Clear Creek, Winston County, Alabama when taken. There was thirty bushels or more of the corn. I helped to measure the shelled corn and guessed at the bulk in the ear. It was good, picked corn, put up for bread. The corn at that time was worth about two dollars per bushel in United States money. The property was taken about 25^th day of March 1865. It was a part of General Wilson’s Cavalry. I heard that a General Upton was along, commanding a part of the army. A Captain Brown was at claimant’s house when the property was taken. The soldiers taken the property, carried it off mostly in sacks, haversacks &c. on their horses. The soldiers were at claimant’s house about an hour or two and carried the property on with them. I don’t know how many officers were present. The soldiers called one Captain Brown. I heard an officer tell the soldiers to take the property, and I knew him to be an officer from his shoulder straps, and this is why I think it was authorized and for the necessary use of the army. The bacon was four middlings of good, dry meat. I suppose there as about one hundred pounds. The bacon was from hogs that weighed from 180 to 200 pounds. The bacon at that time was worth about twenty or twenty-five cents per pound.

There was about four hundred binds of fodder and would weigh perhaps a pound and half or two pounds to bind. It was good, sound fodder and at that time was worth about two dollars per hundred binds. The bacon and fodder was taken at the same time and place and by the same soldiers as the corn was taken. I believe it was necessary for the use of the army as they appeared to be in want of rations and feed. [signed] D.S. McCullars; Attest: [signed] A.B. Hays, Special Commissioner

The United States to Andrew McCullars: For the amount allowed him by Act of Congress, Private No. 183 approved March 3^rd, 1879, entitled “An Act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3, 1871:” The sum of forty-four dollars ($44). Payable in care of C.W. Bennett, Attorney, Washington, D.C. Treasury Department, Second Comptroller’ Office, March 19, 1879, [signed] William A. Saxton, Clerk. Treasury Department, Third Auditor’s Office, March 12^th, 1879, [signed] John Edwards, Clerk.

Note: Andrew McCullars was born 21 Feb 1796 and died 24 Aug 1879, a few months after his claim was approved. He was buried in the Old Oak Grove Cemetery.

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