John Bird Penn's Claim


Submitted by Robin Sterling


Claim #3970, Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

Horse, saddle, and bridle

$150

$150

 

Totals

$150

$150

 

Remarks: Claimant swears to loyal sympathies and that he was arrested and imprisoned several months because he was a Union man. That he volunteered in the 1st Alabama U.S. Regiment in January 1864 and served till July 1865. He had two brothers in the same regiment. Two of his fellow soldiers confirm claimant’s statements and testify to his loyalty. The claimant and two witnesses also testify that his horse was taken by Col. Streight’s Command for the use of the Union army in 1863. We allow $150 for horse, saddle and bridle. [signed] A.O. Aldis, J.B. Howell, O. Ferriss, Commissioners of Claims

John B. Penn vs. The United States, at the City of Washington, D.C.

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

The petition of John B. Penn, a citizen of the State of Alabama, residing at Basham’s Gap in the County of Morgan and State of Alabama respectfully represents that, at the time the claim herewith presented accrued, he was a citizen of the State of Alabama, residing at said Basham’s Gap; 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 the Government of the United Sates during the war of the 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; and that the property for which this claim is now made was the property of your petitioner and taken as he was informed and believes for the use of the army of the United States in the State of Alabama on or about the thirtieth day of April 1863 at your petitioners residence in said county and state, soldiers of the army of the United States under the command of Col. A.D. Streight, then on a raid in the State of Alabama, took from your petitioner one horse, bridle and saddle valued at one hundred and fifty dollars for which no voucher, receipt or other writing was given by any authority of said army taking said [property].

Your petitioner was informed and believes and so states the fact to be that said Col. A.D. Streight was in command of a detachment of the United States army of the Cumberland and on a raiding expedition in the enemy’s country, that said property was removed to his command but for the use of which particular regiment your petitioner is unable to state, and that said Col. A.D. Streight was in command of the forces of said army in the district in which said property was taken.

Your petitioner further states of his own knowledge that said horse was in good serviceable condition and that said bridle and saddle were in good order.

Your petitioner further avers that he believes the prices charged for the property so taken to be reasonable and just, and of his own knowledge do not exceed the market price for such property at the times and places stated.

The premises considered, your petitioner therefore prays that he may be allowed the sum of one hundred and fifty dollars as compensation for said property taken as aforesaid for the use and benefit of the United States. [signed] John B. Penn, Petitioner.

State of Alabama, County of Morgan: John B. Penn 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 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] John B. Penn, petitioner.

Sworn to and subscribed before me at Decatur, this 20th day of June 1871. [signed] David R. Snelling, Notary Public.

To prove my loyalty I rely upon:

William Penn, residing at Basham’s Gap

Richard B. Gibson, residing at Basham’s Gap

David Day, residing at Basham’s Gap

The other matters I rely upon:

Jackson Wilhite, residing at Basham’s Gap

George Hughes, residing at Basham’s Gap

Phillip Hughes, residing at Basham’s Gap

My post office address is Basham’s Gap, Morgan County, Alabama

Before the Commissioners of Claims, Under Act of Congress of March 3rd, 1871.

In the matter of the Claim of John B. Penn of Basham’s Gap in the County of Morgan 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 theretofore 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: one horse, saddle, and bridle ($150).

That, as stated in the Petition referred to, the property in question was taken from claimant in the County of Morgan, in the State of Alabama, for the use of a portion of the army of the United States, commanded by Col. A.D. Streight.

That the property was removed to camps on the march; all this on or about the 30th day of April 1863, 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 the 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:

William Penn, of Basham’s Gap, Alabama [name crossed out]

Richard B. Gibson, of Basham’s Gap, Alabama [name crossed out]

David Day, of Basham’s Gap, Alabama [name crossed out]

Eli P. Hughes, of Basham’s Gap, Alabama

Anderson M. Looney, of Basham’s Gap, 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:

Jackson Wilhite, of Basham’s Gap [name crossed out]

George Hughes, of Basham’s Gap [name crossed out]

Eli Phillip Hughes, of Basham’s Gap

Anderson M. Looney, of Basham’s Gap

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at such place and at such time as the Special Commissioner may designate at the proper cost of the said Claimant; and that due notice of the time and place of the taking thereof be given to the Claimant, through his counsel.

Submitted on this 21st day of January 1879, John B. Penn, Claimant; Thomas C. Fullerton, Attorney.

P.O. Address of Attorney: 456 Louisiana Avenue, Washington, D.C.

Act March 3rd, 1871.

Before the Commissioners of Claims, Washington, D.C.

Claim of John B. Penn of the County of Morgan and State of Alabama numbered 3970.

It is hereby certified that on the 21st day of January 1879 at Cullman in the County of Cullman and State of Alabama came personally before me, for the purpose of a hearing in the above-entitled cause, the following persons, namely: John B. Penn, Claimant. Eli Phillip Hughes and Anderson M. Looney, Witnesses.

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; that 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, and the signature of each deponent was by me attested at the time it was affixed to the deposition.

Witness my hand this 21st day of January 1879. [signed] A.B. Hays, Special Commissioner.

1 – My name is John B. Penn, age 36 years on 4th day of October last. My residence is now in Winston County, Alabama near the line of Morgan County and near Basham’s Gap Post Office. I have resided in this neighborhood for about six years. My occupation is farming.

2 – I am the claimant.

3 – I was born near Basham’s Gap in Morgan County, Alabama.

4 – I resided in Morgan County, Alabama near Basham’s Gap for several years before the outbreak of the rebellion from which place I removed into Winston County in the second year of the war. It was in the spring of the year. The distance was near ten miles. My business from the beginning of the war was farming when I could do so, was kept in Rebel prison for about three months, secreted myself in the woods for five or six months and served as a soldier in Company I of the 1st Regiment of Alabama Cavalry for about eighteen months and until the final surrender of the Confederacy.

5 – My sympathies were on the Union side, Federal side, from the beginning to the end of the war.

6 – No.

7 – Yes.

8 – Yes. I entertained Union soldiers at my mother’s residence before I joined the Union army. At several times, some were relations and some were not. Marion Stansel and a Mr. godson and others of no kin, and Phil Hughes all of 1st Alabama Federal Cavalry. This was in about the year 1863.

9 – Yes, I had two brothers in Company I, 1st Regiment Alabama Cavalry Volunteers. Their names are Stephen W. Penn and George W. Penn. They both joined the Union army at Camp Davis near Corinth, Mississippi and as well as I can remember it was in January 1864, 15th day. George W. Penn died of measles some four months after he joined the service and Stephen W. Penn was mustered out together with myself in July 1865, the 19th day.

10 – Yes, I was in the service, was a private in Company I, commanded by Captain McQuiddy of the 1st Regiment Alabama Cavalry Volunteers commanded by Col. George E. Spencer from 15 January 1864 until 19 Jul 1865. My service was first at Corinth, Mississippi then went to Memphis, Tennessee, then to Nashville, from there to Decatur, Alabama; was in battle at Decatur, Alabama, then went on march to Rome, Georgia, had several skirmishes on the march, then went to Savannah, Georgia, then went through South Carolina to Raleigh, North Carolina, was under General Sherman, was then sent to Decatur, Alabama and then to Nashville, Tennessee where [I] was mustered out of service, was in the battle near Raleigh, North Carolina and other places.

11 – No.

12 – I took the Union side, but was too young to vote.

13 – I stuck to the Union cause.

14 – I was always sorrow to hear of any defeat of the Union army and proud to hear of its successes. I felt very glad when I heard of the final surrender of the rebels and the Confederacy.

15 – Nothing more than the favors and friendship of Federal soldiers and Union men.

16 – I don’t remember of having taken the "Iron Clad" oath.

17 – David Day, Obediah Stover, Samuel H. Nelson, William Penn, Richard B. Gibson, Phillip Hughes, R.B. Day, George Hughes, Jack Wilhite and John Dutton and many others were good Union men. Some of them are called on to prove my loyalty.

18 – Yes. The Confederate General Roddy’s men captured me in the early part of the war and before I joined the Union army and kept me in prison for about three months at Tupelo, Mississippi and they, a Lieutenant [in a] company of Rebel cavalry captured me again and put me in prison at Jasper in Walker County, Alabama, then carried me to prison at Blountsville, Alabama where I broke prison and ran away from there. This was all on account of my Union sentiments.

19 – Yes. It was as I have just stated. I cannot remember the dates. I never gave any bonds.

20 – No. I was a young man and had no family, or property of my own except a horse and bridle and saddle.

21 – No.

22 – No.

23 – None, more than the Rebels tried to persuade me to join them during the time they had me captured.

24 – No.

25 – No.

26 – No.

27 – No.

28 – No.

29 – No.

30 – No.

31 – No.

32 – No.

33 – No.

34 – No.

35 – No.

36 – No, except I had some cousins who were conscripted into the service of the Confederacy, as I was informed. Their names were John Gibson, David Gibson and Sylvester Gibson. They resided some ten miles from me. I don’t remember their ages, or when and where they served. I think they now live in Morgan County, Alabama near Danville.

37 – No.

38 – No.

39 – I took the oath of allegiance when I joined the Union army and have taken the registration oaths since the war in order to vote, and this is all the oaths I remember taking.

40 – No.

41 – I was arrested for a few minutes in May 1863 near Basham’s Gap, Alabama by Col. Streight’s men, but some of them being my old neighbors turned me loose at once. They knew that I was a Union man.

42 – No.

43 – No.

44 – I never voted at all for any one or on any question until after the war.

45 – No.

46 – No.

47 – No.

48 – No.

49 – No.

50 – No.

51 – Yes, I was a private in Captain McQuiddy’s Company I, 1st Regiment Alabama Cavalry Volunteers but Captain McQuiddy having been captured by the Rebels, the Company was commanded by 1st Lieutenant David R. Snelling. I joined the army at Camp Davis near Corinth, Mississippi. George E. Spencer was Colonel of the Regiment. Our hardest service was on the raid under General Sherman, starting from Memphis, Tennessee going through Alabama, Georgia, South Carolina, and North Carolina, and then back to Nashville, Tennessee when we were mustered out of service. I served from the 15th day of January 1864 to the 19th day of July 1865 and I now produce my discharge:

Copy of Discharge: To all whom it may concern: Know ye, that John B. Penn, a Private of Lt. David R. Snelling’s Company I, First Regiment of Alabama Cavalry Volunteers, who was enrolled on the fifteenth day of January, one thousand eight hundred and sixty-four to serve three years or during the war, is hereby discharged from the service of the United States, this nineteenth day of July 1865 at Nashville, Tennessee by reason of instruction from war department. (No objection to his being re-enlisted is known to exist). Said John B. Penn was born in Morgan County in the State of Alabama, is twenty-two years of age, five feet, six inches high, light complexion, black eyes, black hair, and by occupation when enrolled, a farmer. Given at Nashville, Tennessee this nineteenth day of July 1865. [signed] John T. Morris, Captain and A.C.M. 1st Div. 4th A.C., Commanding the regiment. David R. Snelling, 1st Lt. 1st Alabama Cavalry, Commanding company. Sworn to before me this 21st day of January 1879, A.B. Hays, Special Commissioner. [signed] John B. Penn. A note written on the side of the transcription read: Entitled to transportation to Camp Davis, Mississippi, paid July 21, 1865, [signed] E.A. Troup, paymaster, U.S.A.

1 – My name is Eli Phillip Hughes, age 34 years. My residence is in Winston County, Alabama near the line of Morgan County and occupation a farmer. I was raised and have lived in my present neighborhood ever since I was a small boy.

2 – I am now a brother-in-law to claimant. He married a sister of mine since the war. I am not interested in the success of his claim.

52 – In favor of John B. Penn.

53 – I have know him intimately for more than twenty years.

54 – Yes. I lived about six miles from John B. Penn and his mother with whom he lived.

55 – I met him often until I joined the Union army and afterwards he joined the same company and then we were together until mustered out of the service.

56 – Yes, but cannot remember the dates. He always declared himself in favor of the Union.

57 – Yes. He joined the Union army, Company I, 1st Alabama Cavalry at Camp Davis, Mississippi sometime in January 1864 and served in the regiment until mustered out of service at Nashville, Tennessee in July 1865.

58 – No.

59 – Nothing particularly, more than I have stated.

60 – His reputation was good and he was publicly known to be a good Union man. Presley Wiley, W.D. Burnett, David Day, William Turrentine, L.B. Wilborn, Anderson M. Looney, Wesley Clark and many others could testify to his reputation and loyalty.

61 – William Smith, W.D. Burnett, George Hughes, David Day, John Dutton, William P. Penn, L.B. Wilborn, William B. Seymour, D.C. Cantrell, and many others could all testify to the loyalty of Mr. John B. Penn, the claimant.

62 – Yes. The claimant knew it from many facts and circumstances, by being and serving in the same Company and Regiment with me. I had joined more than a year before he did.

63 – Yes. The Rebels taken him up before he joined the Union army and kept him in prison in Mississippi for some three months to the best of my knowledge and information and also kept him in prison at Blountsville, Alabama where he broke prison and got away from them, all on account of his loyalty to the Union side.

64 – Yes, he served as a soldier in the Union army.

65 – Yes. He offered to volunteer and fight with our regiment at the time his horse was taken about 30th April 1863, the day before our fight at Day’s gap, Alabama but the officers rejected him because there was no uniform for him and no mustering officers along, and that it would be best for him to enlist at some other time. [signed x his mark] Eli P. Hughes. Sworn to and subscribed before me, this 21st day of January 1879. [signed] A.B. Hays, Special Commissioner

1 – My name is Anderson M. Looney, age 47 ½ years. My residence is near the line of Lawrence and Morgan counties, in Winston County, Alabama. I have lived in this neighborhood ever since I was born. My occupation is farming.

2 – I am brother-in-law to claimant. I married his sister. I am not interested in the success of his claim.

52 – In favor of John B. Penn.

53 – I have known him intimately ever since he was a small child.

54 – I lived within one and a half miles of him during the war.

55 – I met John B. Penn frequently in time of the war until I joined the Union army.

56 – Yes. We talked about the war very often. I cannot remember dates, it was often at my own and his mother’s residences. I cannot remember his words, but his sentiments were always in favor of the Union side.

57 – Yes. He was a strong Union man and enlisted in the Union army, Company I, 1st Alabama Cavalry at Camp Davis, Mississippi, in January 1864 and served until mustered out of service on 19th day of July 1865.

58 – No.

59 – I have heard nothing in particular, except he was spoken of and known as a Union man in our neighborhood and served in the Union army.

60 – He was publicly known as a strong Union man.

61 – Presley Wiley, William Smith, Jeff Tedford, Eli P. Hughes, George Hughes, William P. Penn, R.D. Penn, Stephen Penn, and many others, some of whom are now dead, all could testify to his loyalty.

62 – Yes. The claimant and myself served in the same company in the Union army.

63 – Yes. The Rebels took him up and kept him in prison for a time and I think he escaped them at Blountsville, Alabama.

64 – Yes. He was a strong Union man and joined the Union army as I have before stated.

65 – I cannot remember any other particular facts in regard to his loyalty except he was a splendid good soldier.

[signed] Anderson M. Looney

66 – I [John B. Penn] was the owner. I bought the horse, bridle, saddle &c and paid for them with my own money.

67 – My horse was taken on the public road, near Basham’s Gap, Alabama when and where I overtaken the soldiers. I had went to them then for the purpose of enlisting, but a Captain informed me that I had best go home and wait as they were then likely to be captured. This was the time I was arrested for a few minutes.

68 – No.

72 – Yes I was present. I saw my horse, bridle and saddle taken.

73 – It was taken in the day time.

74 – I did not complain then, but a captain, his name I have forgotten now, told me that as I was a loyal man, I would get pay for my horse. That was all that was said then and I was satisfied about it.

75 – No.

76 – No.

77 – The troops were on a raid under Col. Streight going towards Rome, Georgia.

78 – I saw the horse, bridle and saddle taken.

79 – The horse was about five years old, about 14 hands high, was in fine order and was worth at least one hundred and twenty-five dollars in U.S. money and the saddle I paid twenty-five dollars for in greenbacks. I think it was worth at least twenty-three dollars in U.S. money. It was a new and a very fine saddle. The bridle was new, had good halter and martingales attached and was worth two dollars or more in U.S. money. The property I have just mentioned was taken from me by Col. Streight’s command on the road near Basham’s Gap, Morgan County, Alabama on or about the 30th day of April 1863, and taken by them on the march or raid. I think there were about four regiments of the soldiers and several officers were along. It was a captain who taken my horse, bridle and saddle. I cannot now remember his name. He appeared to be a Dutchman. The captain said it was actually necessary for the use of the army and that I would get pay for them. [signed] John B. Penn.

Sworn to and subscribed before me this 21st day of January 1879 [signed] A.B. Hays, Special Commissioner

72 – I [Eli P. Hughes] belonged to the command that taken his property and saw claimant, and also his horse, bridle and saddle in an hour or such time after they was taken by our men.

73 – The property was taken in the day time.

74 – I heard an officer tell claimant that he would get pay for his horse. I do not remember for certain the rank of the officer, but I think he belonged at Col. Streight’s Headquarters Department of the command.

75 – I do not recollect.

76 – No, none that I know about.

77 – The troops were on a raid, had several little battles and skirmishes on the route.

78 – I did not see the property taken at the time, but saw it in about an hour after it was taken. I saw the horse, saddle, bridle &c in possession of an officer. I disremember now his rank. He belonged to our command.

79 – The horse was about five or six years old, good size, dark bay color, was in good fix. The saddle was a very fine one for citizen’s use and new, had been used but little. I knew it well. The bridle was a good one with martingales and halter attached. The horse at that time was worth about one hundred and fifty dollars in U.S. money. The saddle and bridle was worth at least twenty-five dollars all together at that time in U.S. money. This property was all taken at same time about 30th April 1863 on the road near Basham’s Gap, Morgan County, Alabama by an officer in Col. Streight’s command who carried the horse on the raid until we were captured by Rebel General Forrest. Our command, as well as I now recollect consisted of 51st and 73rd Indiana Mounted Infantry and 43rd Ohio and 80th Illinois Mounted Infantry and Company I and Company K of the 1st Alabama Cavalry. The property taken from claimant was actually necessary for the use of the army as a great many of our horses were tired out and broken down and a good many killed in fights almost every day.

[signed x his mark] Eli P. Hughes

Sworn to and subscribed before me this 21st day of January 1879, A.B. Hays, Special Commissioner

72 – Yes. I [Anderson M. Looney] belonged to Col. Streight’s command and was present when the horse, bridle and saddle was taken. I saw an officer, I think he was a captain, as well as I recollect, take Mr. John B. Penn’s horse, saddle and bridle.

73 – It was taken on public road in the daytime.

74 – I do not know.

75 – I do not know, but believe there were none asked for or given.

76 – No, none that I have ever heard of.

77 – I saw the horse, the saddle and bridle all taken together at the same time and place. The troops were on a raid under Col. Streight of the 51st Indiana Regiment. We had several small skirmishes and battles all along the route and a considerable fight at Day’s Gap near where the horse &c was taken.

78 – I saw the horse, bridle and saddle taken.

79 – It was a dark bay horse, in good order, and what we called a good size cavalry horse. I supposed the horse to be five or six years old. The saddle was a very good citizen saddle. I did not notice the bridle particularly. The property was all taken at same time on public road near Basham’s Gap, Morgan County, Alabama on or about the 30th of April 1863 by Col. Streight’s command or by an officer, a captain I believe, of the command who mounted the horse and rode him on the raid. There was about four regiments of mounted infantry, the 80th Illinois, 51st Indiana, 43rd Ohio and 73rd Indiana as well as I recollect and two companies, Company I and Company K of the 1st Alabama Cavalry. We started with 1700 men on the raid as near as I remember. The taking of the property was actually necessary for the use of the army from the fact that our horses were being killed and broken down daily. I would say that the horse was worth at that time in United States money at least one hundred and fifty dollars. The saddle I think was worth ten dollars or more in U.S. currency, although I did not examine it, it may have been worth more or less. I have no idea of the worth of the bridle and other parts of the outfit. This property, horse, saddle and bridle was captured with our command by Rebel General Forrest at Cedar Bluff, Alabama about twenty miles from Rome, Georgia.

[signed] Anderson M. Looney

Sworn to and subscribed before me this 21st day of January 1879. [signed] A.B. Hays, Special Commissioner

The claimant, John B. Penn, and the witnesses Eli P. Hughes and Anderson M. Looney have a public reputation in their neighborhood of being men of good character and true and loyal men to the U.S. Government from the beginning of the war up to the present time. This information I have received at several different times heretofore from William B. Seymour, George Hughes, Presley Wiley, William P. Penn, William C. Williams, William A. Nesmith, D.C. Cantrell and others of their neighbors and acquaintances who were loyal men during the war. [signed] A.B. Hays, Special Commissioner

Power of Attorney. Know all men by these presents, that John B. Penn of Basham’s Gap, Morgan County in the State of Alabama, have made, constituted and appointed, and by these presents do make, constitute and appoint Lewis and Fullerton, of Washington, D.C. my true and lawful Attorneys for me and in my name, place and stead, hereby annulling and revoking all former Powers of Attorney or authorizations whatever in the premises…and to, from time to time, furnish any further evidence necessary or that may be demanded, giving and granting to my said Attorney 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 Attorney or his 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 twentieth day of June, eighteen hundred and seventy-one. [signed] John B. Penn. Will M. Peck, Walker? Patterson, witnesses

State of Alabama, County of Morgan: Be it known, that on this 20th day of June in the year eighteen hundred and seventy-one, before me, the undersigned, a notary public in and for said County and State, personally appeared John B. Penn to me well known to be the identical person who executed the foregoing Letter of Attorney, and the same having first been 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] David R. Snelling, Notary Public

The United States to John B. Penn of Alabama.

For the amount allowed him by Act of Congress, Private No. 106 approved June 14, 1880, entitled "An Act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3rd, 1871:" One hundred and fifty dollars ($150).

Payable in care of Lewis and Fullerton, Washington, D.C. Treasury Department, Second Comptroller’s Office June 29th, 1880, William A. Saxton, Clerk. Treasury Department, Third Auditor’s Office, June 19th, 1880, H.M. Burwell, Clerk.

Notes: The 1860 Cherokee County Federal Census recorded John Penn was born in Alabama about 1842 son of John and Frances Penn.

John Byrd Penn married Ellen Hughes on 12 Oct 1865 (Ancestry).

The 1867 Winston County Voter Registration List recorded John B. Penn was born on 4 Oct 1840 in Morgan County.

The 1870 Winston County Federal Census for Houston (Township 9) recorded John B. Penn was born in Alabama about 1843; Ellen J. was born in Alabama about 1845.

The 1880 Lawrence County Federal Census (Township 8, Range 6) recorded John B. Penn was born in Alabama about 1842; Ellinder J. was born in Alabama about 1843.

The 1900 Hopkins County, Texas Federal Census recorded J.B. Penn was a farmer born in Alabama in Oct 1845; E.J. was born in Alabama in Sep 1846.

Ancestry reported John Byrd Penn was born 4 Oct 1842 and died 7 Mar 1926; Ellenden Hughes Penn was born 4 Mar 1843 and died 8 Feb 1915. They were buried in the Greenwood Cemetery in Hopkins County, Texas.


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