Ephraim Barnes' Claim


Submitted by Robin Sterling


Southern Claims Commission File
for
Ephraim Barns (5605) Approved

Submitted 9 Apr 1872

Received 16 Apr 1872

Item

Amount Claimed

Amount Allowed

Amount Disallowed

One iron grey mule

$150

$150

$0

12 bushels of corn

$24

$12

$12

200 pounds of fodder

$2

$2

$0

One bushel sweet potatoes

$2

$0

$2

125 pounds of bacon

$31.25

$20

$11

Totals

$209.25

$184

$25.25

Remarks: The claimant is a farmer about 58 years of age. He resided in Winston County, Alabama. In 1861 he voted for Union candidates to the convention that passed the Ordinance of Secession. He swears that he was at all times for the Union; was threatened and abused on account of his Union sentiments. Three of his brothers were in the Confederate army. He did nothing to aid them or aid the Confederate cause. Two of his neighbors testify very strongly, but in general terms to his loyalty. Deeming the case a proper one for investigation we sent it to our agent. His report is herewith filed. Though upon the spot he fails to find any facts tending to establish the claim unto disloyalty, we think he was loyal.

In March 1865 a portion of General Wilson’s cavalry stopped near claimants premises and took from him the property for which claim is made. The bacon was not weighed, but quantity estimated. Officers were present and participated in the taking. No voucher was given or payment made. Our allowances are indicated on the opposite page and we recommend the payment of $184.

 

To the Honorable Commissioners of Claims, Under the Act of Congress of March 3, 1871, Washington, D.C.

The petition of Ephraim Barns respectfully represents: that he is a citizen of the United States and resides at present: Winston County, Alabama.

That he has a claim against the United States for one mule, bacon, corn, fodder, and sweet potatoes taken for the use of and consumed by the command of General James H. Wilson while on the march south to Selma, Alabama in March 1865.

That all the items in the schedule were of the full value therein set forth and were taken from your petitioner for the use of and were used by the United States army—General Wilson’s men whose names are unknown by your petitioner but were used by the command that is the bacon, corn, and potatoes; fodder near the residence of your petitioner. The mule was taken by said command and conveyed south on their march south to Selma, Alabama.

That no voucher, receipt or other writing was given thereof by the persons taking the same as offered as a record by your petitioner.

That your petitioner resided at the time his claim accrued Winston County, Alabama.

That Ephraim Barns was the original owner of said claim, and that he is the present owner of the same.

That your petitioner remained loyal adherent to the cause and the Government of the United states during the war, and was so loyal before and at the time of the property for which this claim is made.

That said claim has not been presented to any Department or Congress.

That Stilson, Bundy & Webster, of Washington, D.C., are hereby authorized and empowered to act as Attorneys for the prosecution of this claim.

Wherefore your petitioner prays for such action of your Honorable Commission in the premises, as may be deemed just and proper.

Witnesses: Wyatt S. Cheatham, Ephraim Barns, Henry Weaver.

 

Names and residences of witnesses who will be relied upon to prove loyalty:

Henry Weaver, Larissa, Winston County, Alabama

Anderson Ward, Larissa, Winston County, Alabama

 

Names and residences of witnesses who will be relied upon to prove the other facts alleged in the foregoing petition:

Rebecca Miller, Larissa, Winston County, Alabama

James Hackett, Larissa, Winston County, Alabama

Serenia K. Hicks, Larissa, Winston County, Alabama

 

Ephraim Barnes, Claimant, vs. United States, Defendant. In pursuance of the Commission issued by the Commissioners of Claims at Washington, D.C., to the undersigned, on the 18th day of November, A.D., 1871, I, Robert P. Baker, have called and caused to come before me at Larissa, in the County of Winston, and State of Alabama, on the 20th day of March, A.D., 1872, Ephraim Barns (claimant), Margaret Barns, James C. Hackett, and Robert L. Guthrie, witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Ephraim Barns, of Winston County, Alabama, is claimant, and the United States is defendant.

The said Ephraim Barns, being first duly sworn, says, in answer to the interrogatories propounded to him, that he is fifty-six years old, and a resident of Winston County, Alabama, and by occupation a farmer.

1 – I was at home on my plantation

2 – I was at home, with the exception of six months in 1862, when I was in Hall County, Georgia, visiting my father and other connections.

3 – No, sir.

4 – No, sir.

5 – In the fall of 1865, I took the amnesty oath while at John Allen’s in Winston County. It was administered by Andrew J. Ingle. I took it for the purpose of supporting the laws that it required me to support, and also that I might exercise a freeman’s right.

6 – No, sir.

7 – No, sir.

8 – No, sir.

9 – No, sir.

10 – No, sir.

11 – No, sir.

12 – No, sir.

13 – No, sir.

14 – No, sir.

15 – No, sir.

16 – No, sir.

17 – No, sir. I was never arrested by any United States officer or soldiers.

18 – Nothing other than provisions for which I never received pay.

19 – Major Warren of the Rebel cavalry threatened that he would have my property taken on account of my Union sentiments—which was in the Spring of 1863.

20 – I have been abused considerable in "hard sayings."

21 – No, sir.

22 – I never contributed anything other than provisions for United States soldiers with opportunity offered.

23 – No, sir. Not that I know of. I had three brothers in the Rebel army who entered the service in the State of George. I never contributed in any way to their support.

24 – I never owned any Confederate bonds or interested in any way in them—nor did I do anything for the support and credit of the so-called Confederate government.

25 – No, sir.

26 – No, sir.

27 – No, sir.

28 – No, sir.

29 – No, sir.

30 – No, sir.

31 – No, sir.

32 – No, sir.

33 – My sympathies were with the Union and my influence was always exerted in favor of the Union. In the fall of 1861 I voted for the Union candidate, C.C. Sheats, as representative to the State Convention that was to consider secession. After the adoption of the Ordinance of Secession, my sentiments in favor of the Union was not in any particular changed. I was for the old Union first, last, and all the time.

34 – I do. I did not. I was.

[signed] Ephraim Barns

 

James C. Hackett, called to prove loyalty after being duly sworn states that he is fifty-two years of age and a resident of Winston County, Alabama, and by occupation a farmer. I have been acquainted with claimant for about forty years, and throughout the entire war, and resided within one mile of his residence and met him very frequently and conversed with him in public and private in reference to the war, its causes and progress. He was opposed to secession and regarded that the Rebel war would terminate in defeat and the ruination of the country and the people of the southern people. He was bitterly opposed to it and always spoke in favor of the union. After the state had seceded I never knew him to act or converse any different than at first, but have heard him say that if he was liable to military duty that he would join the Federal forces. Claimant was regarded as a union man throughout the neighborhood. I do not think that he was ever in anyway interested in Confederate bonds, or that he done anything to support the credit or the so-called Confederate states. I do not know that he ever had any relatives in the Union army. I think he had brothers in the Rebel army. I only state this first for hearsay. I don’t know that he ever contributed anything to the support of the Union government or its army other than to supply provisions to soldiers who were in the neighborhood and in passing. If the Rebels had succeeded in establishing a separate government I regard that he could not have remained with them in safety. (Affiant was a Union man and so regarded by claimant). [signed] James C. Hackett

 

Robert L. Guthrie, called to prove loyalty after being duly sworn, doth depose and say that he is thirty-seven years of age and a resident of Winston County, Alabama, and a farmer by occupation. I have been acquainted with claimant for upward of eleven years, and intimate during the entire war and saw him frequently and conversed with him in reference to the war. He was opposed to the war and in favor of the Union. Our interviews were generally in public. In 1863, affiant enlisted in the First Alabama Cavalry (Union) and assigned to company, and saw nothing of claimant until after his discharge in 1864 when he again met claimant and found his sentiments as strongly Union as when I left. I never knew of his appropriating anything to the United Sates or its service other than to feed soldiers and layouts for the Federal lines and under what assistance was in his power. I think he informed me that his brothers were in the Rebel army and that they enlisted in Georgia. I do not know that he had any relatives in the Union army. I do not know that he was ever arrested or in any way interfered with on account of his Union sentiments. Claimant was generally regarded as a Union man by his loyal neighbors. In case the rebellion had been a success and had succeeded in establishing a separate government, I don’t think they would have allowed him to remain among them. [signed] Robert L. Guthrie.

 

Questions in reference to property, Ephraim Barns, recalled in reference to property states that in March 1865 (I think the 24th day) that as General James H. Wilson’s command was passing through the county on their raid, a portion of his men fell out of the command and fed and eat dinner, some of the officers eat with me, and while halted they took from my stable one iron grey mule, six years old, and valued at one hundred and fifty dollars. They also took from my house twelve bushels of shelled corn which had been measured, as I had just purchased it but a short time before; two hundred pounds of fodder was also taken from the stable loft which was worth one dollar per hundred. I am confident that there was more than the amount charged, but in order to be safe and certain that I am not overreaching the mark, I have said two hundred pounds; one hundred and twenty-five pounds of bacon, worth twenty-five cents per pound, was taken from the house. The bacon was not weighed, and only make my calculation as to estimate from bulk; one bushel of sweet potatoes were also taken from my garden, which I had bought but a few days before and paid two dollars per bushel. I was present and saw all of the above property taken. The fodder and corn was mostly fed around the place, the balance was packed up and with the bacon carried away on the horses. There was officers present when the above property was being taken and used, one who ranked as Major, and Captains. I do not know that there was any necessity for taking what they did, but I regard that it was taken by the order of officers, as they were present and did not object to its being taken. I am satisfied that what was taken was for the benefit of the service as I saw a portion of it used for such purpose. I never received pay or vouchers for any of the property taken, nor did I ask for it. I never objected to taking of the property. I have never presented a claim prior to this to the United States Government for any of the above articles. [signed] Ephraim Barns

 

Margaret Jane Barns [substituted for Rebecca Miller], called to prove property, after being duly sworn doth depose and say that she is forty-two years of age, and wife of the claimant. That on the 24th or 25th of March, 1865, as the command of General Wilson was passing claimant’s place, a portion of the command halted and fed in front of the dwelling on the road side and while remaining they took from the stable one iron grey mule, I think six years old, and I believe valued at one hundred and fifty dollars; twelve bushels of corn was taken from the house when it was stored in boxes. The corn had just been purchased, and it was measured—it was mostly shelled. Fodder was taken from the stable loft, don’t know how much, nor the price per pound. I should think from the quantity and size of bulk that there was one hundred and twenty-five pounds of bacon taken from the house and cellar, which was worth twenty-five cents per pound. I am pretty satisfied that there was one hundred and twenty-five pounds; one bushel of sweet potatoes was taken from the garden we had bought them for and had them planted out. I saw them feeding some of the corn and fodder and eating some of the bacon, what they did not eat and feed they packed up and carried off on their horses when they moved off. Objection was made to their taking the property but they said there would be an officer along who would pay for it. I don’t know that the soldiers had orders to take what they did, but officers were present when it was taken and they did not interfere with them. I do not know that there was any necessity for taking what they did, but I think it was used for the benefit of the service. I am satisfied that claimant never received pay in part or in full for any of the above specified property. [signed] Margaret J. Barns.

 

James Hackett, recalled in reference to property states that in March, 1863, as General James Wilson’s command was passing claimant’s property a portion of the command halted and fed by the roadside and while there they took from claimant’s stable one iron grey mule about six or seven years old and worth I suppose one hundred and fifty dollars. Corn was also taken, don’t know quantity, corn at the time was worth two dollars per bushel. Fodder was taken, don’t know how much, and don’t know the price per hundred. Bacon was taken, don’t know how much but bacon was worth twenty-five cents per pound at the time. Did not see sweet potatoes taken. I was present when other specified property was taken, and saw it taken, a portion of which I saw being fed and eaten. The balance was packed in sacks and carried off. I don’t know what was the necessity for taking what they did, and don’t know that claimant ever received pay or voucher for any of it. [signed] James C. Hackett.

 

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before "The Commissioners of Claims," now pending before them against the United States, as Notary Public in and for the County of Morgan and State of Alabama, do certify, that Ephraim Barns, of Winston County, the claimant in this cause, and as a witness, and Margaret Barns, Robert L. Guthrie, James C. Hackett, and Robert L. Guthrie of Winston County, Alabama, as witnesses, came before me at Larissa, Winston County, Alabama on the 20th day of March, A.D., 1872, the said witnesses to testify in behalf of Ephraim Barns, 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 9th day of April, A.D., 1872. [signed] R.P. Baker, Special Commissioner.

 

Claim of Ephraim Barns, Winston County, Alabama. In the above case of Ephraim Barns, I have interrogated all of his neighbors and failed to find any position evidence against him. Some of his neighbors say they looked upon him as being a doubtful Union man, it being simply an opinion, the parties having never seen the claimant do a disloyal act, or express a disloyal sentiment. I did not take their depositions. Claimant is a poor man living in the mountains and had no sons in the Rebel service.

James C. Hackett witness for claimant is said to be a reliable Union man, yet John Taylor, Willam R. Godsey and Samuel Radford say they have always doubted the claimant’s loyalty, but know of no disloyal acts or language. The above is all I have been able to elicit in this case. [signed] Enos Richmond, Special Agent. Taylor’s Plantation, Winston County, Alabama, May 22nd, 1874.

 

Reported March 19, 1875

Transmitted for warrant April 2, 1875

 

Note: Ephraim Barns was born in North Carolina about 1814. His monument in the Union Grove Cemetery recorded he was a member of the 1st Georgia Mounted Volunteers in the Florida War. The Winston County Register of Deaths reported Barns died of lagrippe on 12 Mar 1896 at the age of 82 years. Margaret J. Barns was born 14 May 1830 and died 13 Jan 1914.

 

The Winston Herald, 29 May 1896

Obituary. Died, after seven weeks suffering at his home in Delmar, Rev. Ephraim Barnes. He was 82 years of age and had been engaged in doing God service the greater part of his life. To do God’s will seemed at all times to be his chief aim. Up to the last moments of his life he praised God for his blessings. He sat in his chair just a short time before he died and preached God’s word to a crowd who had come to administer to his wants in his afflictions. In token of his appreciation he asked the blessings of God to rest upon them for their kindness. Bro. Barnes was a minister of the Missionary Baptist order and had for a long time been faithful in the discharge of his duty to his calling. He suffered great bodily pain, but this was made easy to endure by the reward that was offered in heaven for those who put their trust in the Lord. This Bro. Barnes done as was evidenced by his everyday acts. He was married on the 4th day of April 1858 to Miss Jane McNutt, who survives him, being now 66 years of age. The two lived happily together for 38 years and now await the summons to call her from her earthly home to meet her husband in that home above. A Friend.


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