Phoebe Bennett's Claim


Submitted by Robin Sterling


Southern Claims Commission File
for
Phoebe Bennett (6087) Rejected

 

Dated 30 Aug 1871

Submitted to Congress 5 Dec 1877

 

Your petitioner hereby constitutes and appoints C.W. Bennett Attorney-at-Law, of Washington, D.C., her true and lawful attorney with full power of substation 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 property in the premises.

Your petitioner therefore prays that his claim may be examined and considered under the provisions of the Act of Congress approved 3rd March 1871, dated this 22 day of May 1871. [signed x her mark] Phoebe Bennett. Witnesses: [signed] James Ellis and William Reid.

 

State of Alabama, County of Walker: I, Phoebe Bennett, 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 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. Witnesses: [signed x her mark] Phoebe Bennett. Sworn to, and subscribed before me this 22 day of May 1871. [signed] John Berry, Judge of Probate.

 

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

William Ellis, residing in Walker County, Alabama

James Ellis, residing in Walker County, Alabama

Moses McCollum, residing in Walker County, Alabama

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

D.L. Bennett, residing in Walker County, Alabama

D.A. Bennett, residing in Walker County, Alabama

My Post Office address is Holly Grove, Walker County, Alabama.

My Counsel is C.W. Bennett, Esq., whose Post Office address is Box 87, Washington, D.C.

[signed x her mark] Phoebe Bennett

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

50 bushels corn

$75

   

500 pounds bacon

$125

   

500 binds fodder

$10

   

Total Amount Claimed

$210

   

 

To the Commissioners of Claims (under Act of 3rd March, 1871), Washington, D.C. The petition of Phoebe Bennett respectfully represents:

That your petitioner is a resident of the county of Walker in the State of Alabama; that her post office address is Holly Grove, in said county and State; and that at the time her claim and each item thereof as above set forth accrued he was a resident of the County of Walker, and State of Alabama; 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 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 she is now and was at the time the several items of her said claim accrued, as stated therein, 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 23rd day of March, A.D., 1865, at her residence in the State of Alabama the following property or stores were taken from or furnished by your petitioner for the use of the army of the United States, and for which payment is claims, viz: 50 bushels of corn, 500 pounds bacon, 500 binds fodder, which said property or stores being of the kind, quantity, quality and value above stated was taken by U.S. soldiers belong to the U.S. army, who, as your petitioner has been informed and believes was stationed and on a march in Alabama under the command of Major General Wilson, who at the time had command of the United States forces in the District in which said property was taken from or furnished.

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 camp and road for the use of the Company; that at the taking of said property, or store, 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 mention has never been presented to any officer or to Congress nor to any of the government nor to any department thereof and no decision nor motion has been had in regard to the same.

 

Before the Commissioners of Claims, Washington, D.C. Claim of Phoebe Bennett of the County of Walker and State of Alabama, numbered 6087.

It is hereby certified that on the 7th day of October 1876, at South Lowell in the County of Walker and State of Alabama came personally before me, for the purpose of hearing in the above-entitled cause, the following persons, namely, Phoebe Bennett, claimant.

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 the 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 me attested at the time it was affixed to the deposition.

Witness my hand and seal this 7 day of October 1876. [signed] George W. McDade, Special Commissioner.

 

1 – My name is Phoebe Bennett. My age is 71 years. My residence, Walker County, Alabama, and has been such about 30 years; occupation housekeeping.

2 – That she is the claimant and that no other person has any interest in the success of the claim but herself.

3 – That she was born in the State of Tennessee.

4 – That she was residing near the line of Winston County, until the year 1863, at which time she then moved about nine miles lower down in Walker County. The reason she made this move she states was to reach a more secluded spot from the Rebel cavalry.

5 – That she sympathized all the time with the Union cause and its advocates.

6 – That she never said or done anything against the Union cause during the rebellion nor since that time.

7 – That she was ready and willing to do all she could for the Union cause during the rebellion.

8 – That she has aided Union men at different times during the war. She states at her own residence she did frequently feed and protect her son-in-law, Moses C. McCollum, William Looney, and a Mr. Blair, all belonging to the Federal army.

9 – That her son-in-law went to the Union army, but don’t know whether he joined the Union army or not, but he was with the Yankees about 7 months. His name was Moses C. McCollum. She states she had a grandson, Isaac A. Taylor in the Union army about two years. He entered the service at Glendale, Mississippi in the year 1863 and remained until the surrender but she states she does not know what company or regiment he belonged.

10 – That she [never] was in any service of any kind during the rebellion.

11 – That she never gave any money or property to the Union cause during the war.

12 – That she stood on the side of the Union during the whole time of secession and the rebellion and done all a poor woman could do for the Union cause.

13 – That she adhered to the Union after the states passed into the rebellion, and does adhere to the Union yet and shall as long as I live.

14 – That she was proud to hear of Union victories, the capture of New Orleans, and the final surrender of the Confederate States. Claimant further states that she had earnestly prayed for the Yankees to come through the country and drive the Rebels out.

15 – That she had no chance to have any favor granted by the Union forces during the war owing to her locality.

16 – That she has never taken any Iron Clad oath; none has been required.

17 – That the best known Union men in her vicinity during the war was James Ellis, H.A. McCollum, William Looney, John B. Penn, Frank Curtis, Thomas Curtis and Thomas Boteler and some of them are called to testify to my loyalty.

18 – That at different times through the war at her residence the rebel cavalry would come and take her corn and bacon, and anything else they wanted, and they also taken one horse and yoke of oxen taken by one Rebel Captain, F. Johnson.

19 – That she never was arrested by any of the Rebels during the war.

20 – That Captain Johnson taken her horse and oxen from her residence in the year 1863 and never have received any pay therefore, no never have presented any account for pay to Confederate Government.

21 – That her property was taken under the head of pilfering except the oxen, they were taken under the head of confiscation, they were never returned nor nothing ever has been paid there for.

22 – That she never done anything for the Confederate cause during the war.

23 – That she never was forced to do anything against the Union cause.

24 – That she never was in any service of any kind for the Confederate cause during the rebellion.

25 – That she never was in any service of any kind during the rebellion.

26 – That she never taken any oath of any kind during the rebellion

27 – No, to all that is contained in the question.

28 – That she was not engaged in no such adventures.

29 – That she never owned any interest in any vessel or cargo navigating Confederate waters during the rebellion

30 – No, to all of this question.

31 – No, to all of this question.

32 – That she never gave any information to any person to aid the Rebel cause.

33 – No, to all the contents of this question.

34 – That she never taken any Confederate oath to the Confederate States during the war.

35 – That she never received any pass from Rebel authorities during the rebellion.

36 – That she had two sons in the Rebel service: J.L. Bennett and James Bennett. J.L. Bennett was aged 21 years. James was 18 years of age. Both of them were conscripted. J.L. Bennett resides in Walker County, Alabama, South Lowell, P.O. James Bennett resides in Winston County, Alabama, Clear Creek, P.O. Claimant states that she exerted all her influence to prevent them from going to the Rebel army, but states they were forced to go by the conscript laws. She states she furnished them nothing but the suit of clothes they had on when they left.

27 – That she has never been under any disabilities imposed by the Fourteenth Amendment to the Constitution.

38 – That she has not been pardoned by the President; never done anything to ask pardon for.

39 – That she never taken any amnesty oath during nor since the war; none required.

40 – That she never was a prisoner during the war to the Union or Confederate cause.

41 – That she never was arrested by United States authorities during the war.

42 – That no fines were ever levied upon her by the United States because of any sympathy to the Confederate cause.

43 – That she never had any property taken by the Union forces relating to captured or abandoned property.

66 – That she was the owner of the property charged in this claim. That she is the sole and proper owner. That she had used the property by her own industry.

67 – That the property was taken from a farm situated on Charley’s Creek, Walker County, Alabama containing 360 acres, about 40 acres were in a state of cultivation and the rest was woodland.

68 – That she has never filed a petition in bankruptcy nor has not been declared a bankrupt.

69 – That she is now a widow, was married in the year 1824. My husband was loyal to the Union or at least I thought he was. My husband died in 1861. Claimant states that she has reared 14 children. My eldest daughter’s name is Sarah M. Taylor, aged 51 years. Mary Wilson, my second daughter is 49 years. Marthy Ellis, my third daughter, age is 47 years. Melinda Taylor, my fourth daughter’s age is 45 years. Ellis Ellis, my fifth daughter’s age is 43 years. John Bennett, my oldest son died in the year 1856, age at his death 18 years. Caroline Penn, my sixth daughter’s age is 39 years. Jane Ellis my seventh daughter’s age is (or would have been) 37 years; died in the year 1852. J.L. Bennett, my second son’s age is 35 years. Susannah McCollum’s age is 33 years. Nancy Simmons’s age is 31 years. James A. Bennett’s age is 29 years. W.L. Bennett’s age is 27 years. William Bennett died at the age of two years. J.L. and James Bennett, as above states, were conscripted into the Rebel service. The property charged in this claim was accumulated by myself after the death of my husband. The property was my own; never belonged to my husband. The farm at that time was my own property made so by the request of my children. Claimant states that none of her children has any claim to any of the property charged in this claim. That there is no claim in existence but her own. [signed x her mark] Phoebe Bennett. [signed] George W. McDade, Special Commissioner

 

1 – My name is H.A. McCollum. My age is 73 years. My residence, Walker County, Alabama and has been such about 20 years. My occupation, a farmer.

2 – That he is not related to the claimant nor has no beneficial interest in the success of the claim.

52 – That he is here to testify to the loyalty of Phoebe Bennett, the claimant in this case.

53 – That he has been acquainted with claimant about 23 years and have been intimate with her all the time.

54 – That he lived in time of the war about three miles from the claimant.

55 – That he saw the claimant as often as 3 or 4 times per month during the war.

56 – That he has heard the claimant talk about the war, its causes, progress, and results, at different times at my house and also at her own and she all the time expressed herself to me as being in favor of the success of the Union cause and opposed to secession. Witness says that claimant was bold and rigid in her sympathy for the Union cause, both among Unionists and secessionists. He states that he had heard the claimant so express herself with different persons and at different period during the war, but can’t now remember the names of other persons who were present.

52 – That she, the claimant, was an old lady, not suspected of doing anything to aid the Union cause by the Confederate soldiers. Consequently, she would do a great deal and not be suspicioned by the Rebels. Hence, when the cavalry was raiding the country, the Union soldiers and the layouts would seek her protection which she always granted cheerfully. She would feed layouts and Union soldiers all through the war. This I personally know to be true from my own observation, at different times during the war for the sole purpose of benefitting the Union cause which she so much loved to honor.

58 – That he knows of nothing said or done by the claimant that was against the Union cause during the war.

59 – That he has stated in Question numbered 57, he has stated what she done for the Union cause and has stated that in Question numbered 58, he knows of nothing done by the claimant that was against the Union cause.

60 – That the public reputation of the claimant was loyal to the Union cause during the war. I have, says the witness, heard Thomas Boteler, Richard Lane, Charles Hindsley, Richard James, and William Ellis and many others if necessary could and would testify to claimant’s public reputation as being loyal to the Union cause, and I know from her own conversations in time of the war that her public reputation was undoubted to the Union cause.

61 – That the prominent Union men in the neighborhood of the claimant during the war were Isbel Phillips, Kirk Phillips, Thomas Boteler, Charles Hindsley, Washington Curtis, James Williams, William Davidson, Riley Cole, James Ellis, Moses C. McCollum and plenty of others and any or all of them could and would testify to claimant’s loyalty if called upon to do so.

62 – That she was loyal to the Union cause during the war and claimant knew me to be such by our frequent conversations together on the subject of the war for was both claimed to be friends and advocates of the Union cause, and were free to express our sentiments when we were together on the subject.

63 – That the Rebel cavalry taken from claimant corn and fodder at different times during the war. They also taken one horse and yoke of oxen from her but don’t know that her person or family was ever threatened by the Rebels.

64 – That he does not think that the claimant after she had fed and protected layouts and Union soldiers as long as she had could have proved her loyalty to the Confederate government had it been established a separate and independent government.

65 – That he has stated all he now remembers that would be of any service to the claimant.

[signed x his mark] Harvey A. McCollum. [signed] George W. McDade, Special Commissioner.

 

1 – My name is James Ellis. My residence Walker County, Alabama and has been all my life. My occupation, a farmer.

2 – That he is not a relation to the claimant nor has no interest in the success of the claim, but thinks the claim is a just one and ought to be paid.

52 – That he is here called to testify in behalf of Phoebe Bennett, the claimant in this case.

53 – That he has been acquainted with the claimant in this case about 35 years and have been intimately acquainted with her all the time.

54 – That in time of the war he lived in about two miles of claimant’s residence.

55 – That he saw the claimant from two to three times per month upon an average.

56 – That on one occasion at the residence of the claimant, and old Jesse Livingston was present at the time, and claimant said that she loved the Union cause and its supporters, and said she was an avowed enemy to the secession cause, and never would be satisfied until the old flag waived again over a united nation. Claimant was at my house a great deal and I never heard her utter one word to favor secession during the war.

57 – That the claimant fed and protected him when at home from the Federal army at different times during the rebellion

58 – That he never heard of anything said or done by the claimant that was against the Union cause.

59 – That he has heard the claimant say often times during the war, that it would have been a great deal better for all of the southern men to have joined the Union army at the beginning of the war.

60 – That the public reputation of claimant was good for loyalty to the Union cause during the war. This I know to be true from my frequent conversations with her in time of the war. Thomas Boteler, William Simmons, H.A. McCollum and Charles Hindsley could and would testify to the public reputation of claimant being a loyal adherent to the Union cause during the war.

61 – That the prominent Union men are given in the preceding question, all of whom could testify to claimant’s loyalty.

62 – That she was a Union man myself, everly have been and everly expect to be, and claimant knew me to be such from my own language for I was public in my Union expressions as all of this country could well testify.

63 – That he can’t say that claimant was threatened with damage to herself or family on account of her Union sentiments, but the Rebels taken corn from her in time of the war and they taken one horse and one yoke of oxen, on account of her Union sentiment.

64 – That the claimants acts in favor of the Union were such that she could not have proved loyalty to the Confederate Government had it been maintained as a separate government.

65 – That he has stated about all that he knows about the loyalty of the claimant; more than she was a well known true Union woman by all that knew her both Union and secessionist. Claimant’s loyalty was then and is now undoubted by both parties. [signed] James Ellis. [signed] George W. McDade, Special Commissioner.

 

1 – My name is Phoebe Bennett. My age is 71 years. My residence, Walker County, Alabama and has been for 30 years and my occupation, a housekeeper.

2 – That she is the claimant and that no person has any interest in the success of the claim except herself.

72 – That she was not present when her property was taken, being absent from home at Thomas Boteler’s at the time, but when I left home I had the property charged in this claim, but on my return home my property was gone and the country full of Yankees at the time. The property was taken or missing about the 27th day of March 1865 at the time of General Wilson passing through this country.

75 – That she never had any chance to ask them for any vouchers or receipt and there were none given.

76 – That there has never been any payment made for any part of this claim.

79 – Corn was worth $1.50 per pound. Bacon was worth 25 cents per pound and fodder was worth $2.00 per hundred binds in good sound money, and cost more than that after the Yankees passed through the country. Claimant states that she knows nothing further in relation to the taking of the property.

[signed x her mark] Phoebe Bennett. [signed] George W. McDade, Special Commissioner.

 

1 – My name is J.L. Bennett. My age is 35 years. My residence, Walker County, Alabama and has been my residence about 15 years. Occupation, a farmer.

2 – That he is a son of the claimant but has no part or interest in the claim.

72 – That he was present when the property was taken. Witness says he saw corn, fodder and bacon taken.

73 – That the property was all taken in the daytime.

74 – There was no complaint made about the taking of the property that witness has any knowledge of.

75 – There were no vouchers or receipts given nor none asked.

76 – That there has been no payment made to this claim or to no part of it.

77 – That the property was taken by troops on the march, that there had been no battle or skirmish near there at the time.

78 – That he saw corn, bacon and fodder taken.

79 – 1) The corn was good sound corn, part shelled, part husked, and part in the husk. 2) The shelled corn was in a box in the smokehouse. The balance was in the crib. 3) That the corn taken from the smoke house was measured 16 bushels, and at least three wagon loads in the crib, bout 1/3 husked, the remainder in the husk. 4) The corn was dry and sound and had been well taken care of. 5) Corn was worth at low figures $1.50 per bushel. 6) The property was taken on or about the 28th day of March 1865. 7) Witness don’t know the command of the detachment, but says they belonged to General Wilson’s army corps. 8) The property, corn, was taken by the troops going into the smoke house and crib and putting it in their sacks and removed it on their horses. 9) That there were about 100 mounted troops on the premises at the time of the taking. That they were engaged more or less about three days from the time they began the taking until they got through. The troops were encamped about the town of Jasper and there is where I suppose they moved the property to. 10) There was one man along that had stripes on his coat collar but I did not know his rank nor never asked him his name. 11) Witness says he does not know that the property was taken by an authorized agent, but that he thinks the property was taken for the necessary use of the army.

80 – 1) The bacon was or had been well cured. 2) That it was in the smoke house. 3) The witness answers that claimant had slaughtered 14 hogs that winter that would have weighed on an average of 150 pounds each and the troops taken the hams and shoulders and nine sides, about half of the hams and shoulders had been used. 4) The bacon had been well cured and was sound. 5) That the bacon was worth 25 cents a pound. 8) That the troops went into the smoke house, cut down the bacon, put it in their sacks and taken it off on their horses.

81 – 1) The fodder was in good condition. 2) The fodder was in the barn. 3) That there were in the barn two good stacks of fodder amounting to about nine hundred binds, and they taken about 2/3 of the whole amount. 4) The fodder was good sound fodder. 5) The fodder was worth 2 dollars per hundred binds. 8) The fodder was taken by the troops in the barn and tied with ropes and swung across their horses. [signed] J.L. Bennett. [signed] George W. McDade, Special Commissioner.

 

1 – My name is Josephine L. Bennett. My age is 39 years. My residence, Walker County, Alabama and has been such all my life. My occupation, a housekeeper.

2 – That she is daughter-in-law to the claimant but has not interest in this claim.

72 – That she was present when the property charged in this claim was taken. That she saw corn, fodder and bacon taken.

73 – That the property was all taken in the day time.

74 – That there was no complaint made to any person about the taking of the property within her knowledge.

75 – That there were no vouchers or receipts asked for or given within her knowledge.

76 – That if there has ever been any payment made to any part of this claim, she knows nothing of it.

77 – That the property charged in this claim were taken by troops on the march or raid.

78 – That she saw corn, fodder and bacon taken.

79 – 1) That the corn was in good condition. 2) The corn was part in the crib and part in the smoke house. 3) That there were 16 bushels corn taken from the smoke house, but can’t say how much was taken from the crib. 4) The corn was of good sound quality. 5) The corn was worth $1.50 per bushel in good sound money. 6) The property was taken on or about the 28th day of March 1865. 7) She don’t know the names of none of the troops nor their commanders more that they said they belonged to General Wilson. 8) The corn was taken by the troops going into the smoke house and crib and sacking it up and taking it off on their horses. 9) That there were at least over hundred troops engaged in the taking from Monday until Wednesday in taking and removing the property, but don’t know to what place they removed the property. 10) She did not know any of their names. There might have been officers along but she did not know them if there were any. 11) She has no other means of knowing that the property was taken for the use of than that the troops said they were on a march and had to forage off of the country.

80 – 1) The bacon was in good condition. 2) The bacon was taken from the smoke house. 3) That the troops taken 9 sides of bacon, all the hams and shoulders on hand at the time. Claimant had killed about 14 head of hogs of good average size and about half of the joints were on hand when the Yankees came and they taken all of the joints. 4) The bacon was good and dry. 5) The bacon worth 25 cents per pound. 8) The bacon was cut down by the troops, put in sacks and taken off on horseback.

81 – 1) The fodder was good as far as I know. 2) The fodder was in the barn. 3) Can’t say how much fodder there were, but a good large bulk. 4) Quality of the fodder was good. 5) The fodder was worth $2 per hundred binds. 8) The troops taken the fodder out of the barn, tied it with ropes and hung it to their horses and so removed it. [signed] Josephine L. Bennett. [signed] George W. McDade, Special Commissioner.

Remarks: Claimant is an old lady whose husband died early in the war. There is some evidence in support of loyalty, but it is very weak and mainly of talk and sympathies. There are no acts nor unequivocal indications of loyalty developed in the evidence. Two of her sons were in the Confederate Army and we are not satisfied with the sufficiency of the evidence in support of loyalty. We therefore reject the claim. [signed] A.O. Aldis, J.B. Howell, O. Ferriss, Commissioners of Claims.


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