Remarks: The facts sworn to in this case establish the loyalty of the claimant very conclusively. He was bitterly opposed to secession and stood by the Union cause to the end of the war. He was too old to be conscripted being now 73 years of age. He resided in Walker County, Alabama; had three sons-in-law in the Union army. No relatives in the Confederate army. The Rebels threatened to hang him for his Unionism. They did take some of his property and destroyed his household furniture. He guided men who had deserted the Rebel army along byways to prevent their falling into the hands of the Rebels. He did nothing whatever for the Confederacy. About the middle of April 1865, officers and soldiers took from the claimant the property mentioned in his claim. The mare and bacon were taken for army use. We recommend the payment of $143.

To the Honorable Commissioners of Claims, (Under the Act of Congress of March 3^rd, 1871), Washington, D.C.:

The Petition of Braxton Dunlavy, a citizen of the State of Walker County and State of Alabama, respectfully represents that, at the time of the claim herewith presented accrued, he was a citizen of the State of Alabama residing in Winston County, Alabama; that he was the original owner of said claim; that no other person or persons have any interest in or right or title to said claim or any part thereof; that he is a citizen of the United States and remained a loyal adherent to the cause and Government of the United States during the war of rebellion; that he was so loyal before and at the time of the taking of the property for which this claim is now made; and that said claim has never been presented to any Officer, Agent, or Department of the Government, nor to Congress or to any committee thereof.

Of his own knowledge your petitioner avers and states the fact to be—

1^st. That on or about the 15^th of April 1865 some federal soldiers came to my residence (your petitioner) and taken the following articles the property of your petitioner to wit: one mare worth one hundred and 25 dollars; about one hundred and five pounds of bacon worth twenty-one dollars; one bushel apples dried and 1 sack worth three dollars; total value of said property so taken $149. (By said soldier) your petitioner seen said property taken by said federal soldiers and seen a federal soldier ride off said mare the property of your petitioner and take and carry off the bacon and fruit the property of your petitioner.

Upon belief and information you petitioner is told by others that said soldiers were a portion of General Wilson’s command and your petitioner believes said federal soldiers were a portion of said General Wilson’s soldiers and your petitioner believes said property of your petitioner was used for the use and benefit of the United States.

And your petitioner avers that the aforesaid articles were his property. That the same, as he believes, were taken and supplied for the use of the Army of the United States; and that no voucher, receipt, or other writing was given therefor, except as it shown in this petition. [signed x his mark] Braxton Dunlavy

State of Alabama, County of Walker: Braxton Dunlavy being duly sworn, [each for himself,] deposes, and says that he is [one of] the petitioner[s] 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, 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 officer whatsoever under, or yielded voluntary support to the said Confederate government. [signed x his mark] Braxton Dunlavy

Sworn to and subscribed before me this October 6^th, 1871 [signed] James Graves, Justice of the Peace.

To prove my loyalty I rely upon—

John W. Heatherly, residing near Garrison Point, Alabama

Francis Grimmit, residing near Garrison Point, Alabama

Sarah Heatherly, residing near Garrison Point, Alabama

The other matters I rely upon—

Margaret Shelton, residing near Garrison Point, Alabama

Sarah Heatherly, residing near Garrison Point, Alabama

My Post Office Address is Garrison Point, Walker County, Alabama

My Counsel are Messrs. Lewis & Fullerton, whose post office address is Washington, D.C.

Braxton Dunlavy, Claimant, vs. United States, Defendant.

In pursuance of the Commission issued by the Commissioners of Claims at Washington City, D.C., to the undersigned, on the 23^rd day of November, A.D. 1871, I, John Brown, have called and caused to come before me in the County of Walker, and State of Alabama, on the 26^th day of January, A.D., 1872, Braxton Dunlavy, the claimant, Francis A. Grimmit, Alexander Heatherly, Margaret Shelton, and Sarah Heatherly, witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Braxton Dunlavy of Walker County, is claimant, and the United States is defendant.

The said Braxton Dunalvy, being first duly sworn, says, in answer to the Interrogatories propounded to him, that he is seventy-three years of age, resides about two miles from Garrison’s Point, Walker County, Alabama and by occupation a farmer. That he resided about seven miles from said Garrison’s Point during the rebellion and was there personally. Claimant says that from the year 1860 to 1865 inclusive he was opposed to secession and rebellion and was in favor of the Union cause. Claimant says that in the year 1860 he cannot remember who he voted for, for President or for delegate. That he was a Union man all the war through, that he all the time opposed secession and rebellion and was in favor of the Union cause.

That after the secession of the State, he was so troubled that there was many nights that he could not sleep because he felt like the government was ruined and that he was ruined; that he exercised his utmost influence in favor of the Union cause. He talked to his neighbors and also talked to the Rebel soldiers; told them that they were wrong to fight against the Union government. That he never was in the Rebel army never was in the any manner connected with either the military or civil service of the so-called Confederate states. That in consequence of the bold Union stand he had taken, he was afraid to leave his home for three years; that he did not as much as attend church. Claimant says that he piloted men who had deserted the Rebel army who had been conscripted, and was making their way home—secretly along byways to prevent their being captured by the Rebels. That he furnished them with rations, and other Union men who were lying in the woods to evade arrest by the Rebels and further that he fed and secreted two Union soldiers who had come home on furlough from the Federal army. That he had no sons in the Rebel army, but had three sons-in-law in the Federal army, 1^st Alabama Cavalry; cannot remember the company, to wit: Frank Grimmit, John and Alec Heatherly. That he often heard of threats against his person, property and family in consequence of his Union sentiments. That one morning the Rebel soldiers threatened to swing him to a limb because as they said he was a “Damned Union ____” and that they took his corn, fodder and one horse and destroyed his household furniture in consequence of his Union sentiments. That he never owned any Confederate bonds or done anything to sustain the credit of the so-called Confederate states. “Had no use for the Confederacy or its friends.” And claimant solemnly declares 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 or accord did anything or offered or sought or attempted to do anything by word or deed to injure said cause or retard its success. That he was at all times ready and willing when called upon to aid and assist the cause of the Union, its supporters so far as his means and power and the circumstances of the case permitted—“fully and heartily”—that after the war closed he was in favor of the Reconstruction Acts of Congress and voted for U.S. Grant for President in 1868. [signed x his mark] Braxton Dunlavy; Witnesses: [signed] M.J. Hutchison

Francis A. Grimmit, witness for claimant in behalf of his loyalty, who being first duly sworn says he is forty years of age, resides at Garrison’s Point, Walker County, Alabama and by occupation a farmer. Affiant says that he was a member of Company I, 1^st Alabama Cavalry. That he was in said army for three years and during that time was at home once on a furlough. That while he was not in the army he lived from three quarters of a mile to six miles from claimant, was intimate with claimant and knew his political sentiments well. “Claimant was the bitterest man against the Rebels you ever saw.” That whilst affiant was at home in the year 1864 he was compelled to secret himself from Rebel authorities and made several efforts to get back to his command but could not do so because the country was filled with Rebels. That claimant during that time, gave him all the aid and assistance that was in his power by giving him rations and secreting him, and also that claimant gave affiant’s family aid and protection all that he could. When affiant was at home he heard of the Rebels making threats against claimant’s person and property and that he was informed and believes that they did take and destroy claimant’s property—all he had at one time. Never knew of claimant owning any Confederate bonds or doing anything to sustain the credit of the so-called Confederate states—and that if the Confederacy had been established as a separate and independent Government, he does not believe that claimant could have established his loyalty thereto. [signed x his mark] Francis A. Grimmit; Witness: [signed] M.J. Hutchinson

Alexander Heatherly, witness for claimant in behalf of his loyalty who is substituted in place of John W. Heatherly, and who being first duly sworn says that he is twenty-seven years of age, resides about two miles from Garrison’s Point, Walker County, Alabama and is a farmer by occupation. That in time of the war he was an unmarried man; that his father’s residence was about fifteen miles from claimant; that he was frequently at claimant’s up to the year 1863 when affiant joined Company B, 1^st Alabama Cavalry, U.S. troops. That he was intimate with claimant and knew his political sentiments well. Claimant was a strong Union man and opposed to secession and rebellion and used his utmost influence for the Union cause and against the Confederacy, and affiant says that when he returned from said Federal army he found claimant still the same Union man. That he never knew of claimant owning any Confederate bonds or doing anything to sustain the credit of the so-called Confederate states and does not believe that if the Confederacy had been maintained as a separate and independent government that claimant could have proven his loyalty thereto, because all his words and acts were against the Confederacy, and in favor of the United States Government. [signed x his mark] Alexander Heatherly; Witness: [signed] M.J. Hutchison

Testimony of claimant as to the property taken:

1 – Yes, sir.

2 – Yes, sir. One mare, one hundred and five pounds bacon and one bushel dried fruit.

3 – No, sir.

4 – About the 15^th of April 1865 from claimant’s premises by U.S. soldiers belonging to General Croxton’s command.

5 – Sarah Heatherly and Margaret Shelton, claimant’s daughters.

6 – Does not know of any officers being present and did not hear the property ordered to be taken. They only said that they had to have it.

7 – Mare was rode away. Bacon was swung to their saddles and carried away, fruit in a sack on their horses.

8 – Answers same as in No. 7.

9 – Did not follow them, but they said they were going to their camps about four miles from place of taking.

10 – Saw them ride the mare; did not see them use any of the other property. They said it was for the use of U.S. soldiers and that they could not get rations any other way.

11 – Complaint was made but they said they must have the mare as one of their horses was just then give out and that they must have the balance to eat.

12 – No receipt or vouchers asked for and none given.

13 – All of said property was taken in the daytime and none of it was taken secretly.

14 – Affiant was informed that the army was encamped at the river about four miles off. Does not know how long it remained there. Heard of no battle or skirmish near there before the taking and did not know any of the officers of said army.

15 – Mare was about four years of age in good order and worth one hundred and twenty-five dollars. One hundred and five pounds of bacon had been dried and worth twenty cents per pound; one bushel of good dried fruit worth three dollars.

16 – Saw mare taken. Estimates quantity of bacon from number and size of pieces taken. Fruit from the sack it was in.

17 & 18 – Passed.

19, 20, 21, 22 & 23 being read and explained to claimant. He says that he believes it was taken for the actual use of the army as the men taking the same said so, and that he learned that the U.S. army was passing through and living off of the country, and believes it was taken for some purpose so necessary as to warrant and require the government to pay for it, and that all of said property belonged to him. [signed x his mark] Braxton Dunlavy; Witness: [signed] M.J. Hutchison

Margaret Shelton, witness for claimant in behalf of his property, who being first duly sworn says that she is twenty years of age and resides with claimant. Affiant says she was present at claimant’s residence about the 15^th day of April 1865 when U.S. troops belonging to the command of General Croxton came and took there from the following property, to wit: one mare, four or five years of age in good working order and worth about one hundred and fifty dollars. One hundred and five and at least that much bacon. It was dry, and well cured and worth about twenty-five cents per pound. One bushel of dried fruit, worth about three dollars. The quantity of which she judges from the size of the sack it was in; and judges the quantity of bacon from the number and size of the pieces taken. Affiant says that she saw no officers with the U.S. soldiers who took said property; that she did not hear the property ordered to be taken but that there may have been officers with them, and her not have known it. Did not see any of said property used, only that she saw them riding the mare and only knows to what use the balance was put to from what the men said at the taking. They said they were compelled to have it for the use of the army. All of said property belonged to and was the property of claimant of Walker County, Alabama. [signed] Margaret Shelton.

Sarah Heatherly, witness for claimant in behalf of property, who being first duly sworn says that she is twenty-three years of age and resides about two miles from Garrison’s Point, Walker County, Alabama. Affiant says that she was present when soldiers of the U.S. army came to claimant’s about the middle of April 1865 and took therefrom the following property, to wit: one mare, does not know her age; was in good order and worth about one hundred and fifty dollars. About one hundred and five bushels of corn, the quantity of which she judges from number and size of pieces. That it was dry and worth about twenty-five cents per pound. About one bushel of dried fruit, the quantity of which she estimates from the sack it was in and that it was worth about three dollars. Affiant says that she did not know of any officer being present, and only knows for what use it was taken. From what she heard the men say that took the same, that they were compelled to have all such property and that all of said property belonged to and was the property of claimant. [signed x her mark] Sarah Heatherly; Witness: [signed] M.J. Hutchison

State of Alabama, Walker County: I, John Brown, Commissioner to take testimony in cases pending before “The Commissioners of Claims,” now pending before them against the United States, and as Probate Judge in and for the County of Walker and State of Alabama, do certify, that Braxton Dunalvy, of Walker County, Alabama, the claimant in this cause, and as a witness, and Francis A. Grimmit, Alexander Heatherly, Margaret Shelton, and Sarah Heatherly, of Walker County, Alabama, as witnesses, and John W. Abbott as counsel, came before me at Jasper, on the 26^th day of January, A.D. 1872, the said witnesses to testify in behalf of Braxton Dunlavy, the claimant in this cause; that before said witnesses were examined they were each severally sworn by me to tell the truth, the whole truth, and nothing but the truth, relative to said claim; that the answers of each of said witnesses were taken down; that after the same were carefully read over to said witnesses, I caused each of them to subscribe their said deposition. And I further certify, that said depositions have not been out of my possession since they were so taken, nor have the same been in any way altered or changed.

Given under my hand and seal, this 26^th day of January, A.D. 1872. [signed] John Brown, Special Commissioner.

Power of Attorney. Know all men by these presents, that I, Braxton Dunlavy, of Walker County, in the State of Alabama, have made, constituted and appointed, and by these presents do make, constitute and appoint Messrs. Lewis & Fullerton of Washington, D.C., my true and lawful Attorneys irrevocable, for me and in my name, place and stead, hereby annulling and revoking all former Powers of Attorney or authorizations whatever in the premises, to institute and prosecute to the end all proceedings before the Commissioners of Claims, appointed under the Act of Congress of 3^rd March 1871, to recover compensation for property taken from me by, and for property furnished by me to, and for the use of the Army of the United states in the State of Alabama during the late War of the Rebellion, and to, from time to time, furnish any further evidence necessary or that may be demanded giving and granting to my said Attorneys full power and authority to do and perform all and every act and think whatsoever, requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do, if personally present at the doing thereof, with full power of substitution and revocation, and to receipt and sign all vouchers, hereby ratifying and confirming all that my said Attorneys or their substitute may or shall lawfully do or cause to be done by virtue hereof.

In witness whereof, I hereunto set my hand and seal, this the 6^th day of October, eighteen hundred and seventy-one. [signed x his mark] Braxton Dunlavy. Witnesses: [signed] B.J. Graves and James Cathad?

State of Alabama, County of Walker: Be it known, that on this 6^th day of October in the year eighteen hundred and seventy-one, before me, the undersigned, a Justice of the Peace, in and for said County and State, personally appeared Braxton Dunlavy to me well known to be the identical person who executed the foregoing Letter of Attorney, and the same having been first read over to him and the contents thereof explained, acknowledged the same to be his act and deed, and that I have no interest present or prospective in the claim.

In testimony whereof, I have hereunto set my hand and affixed my seal of office, the day and year last above written. [signed] James Graves, J.P.W.C.

State of Alabama, Walker County: I, John Brown, Judge of Probate in and for said county and state, hereby certify that James Graves before whom the within affidavit was administered is a Justice of the Peace duly commissioned and his acts are entitled to full faith and credit. Given under my hand this 23^rd day of October, 1871[signed] John Brown, Judge of Probate

Note: Ancestry.com reported Braxton Dunlavy was born 14 Jan 1797 and died in what is now Cullman County soon after he submitted his claim, or about 1871 or 1872. His wife was buried in the Dorsey Creek Primitive Baptist Church Cemetery in Cullman County. Braxton was probably buried there too, but no monument was located. The surrounding community was known as Garrison’s Point and in 1871 was a part of Walker County.