Submitted by Robin Sterling

Southern Claims Commission File
for
James S. Armstrong (5604) Allowed

Reported: 9 Oct 1876

Transmitted for Warrant: 20 Oct 1876

Remarks: The claimant is a farmer. He resided in Winston County, Alabama; was over conscript age. The proof shows that he was in sympathy with the Federal cause. Several of his near relatives were in the Federal military service and others in the Confederate service. He was twice arrested by the Rebels and they threatened to hang him on account of his Union sentiments. He gave no aid to the Confederacy. The proof is not strong but we think he was loyal to the Union.

In March 1865, General Wilson’s Federal Command took from claimant the property for which claim is made. Item 2 (roan mare) was blind and of no use to the army. The quantity of corn, bacon, and fodder is estimated and we think the first two are over estimated and the price is over stated. No vouchers were [received] and no payment made. We recommend the payment of $235.

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

The petition of James S. Armstrong of Marion County, Alabama respectfully represents that he is a citizen of the United States and reside at present: Marion County, Alabama. That he has a claim against the United States for 1 mule mare, corn, bacon and fodder.

That all the items in the above 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 by the command of General James H. Wilson while on the march to Selma, Alabama in March 1865.

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

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

That your petitioner 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 taking of the property for which this claim is made.

That said claim has not before been presented to any Department of the Government or Congress.

That Stilson, Bundy & Webster, of Washington, D.C., are hereby authorized and empowered to act as his 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.

[signed] James S. Armstrong. Witnesses: [signed] John N. Baughn and A.J. Ingle.

James S. Armstrong, 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 18^th 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 second day of March, A.D., 1872, James S. Armstrong, (claimant), Paul Ingle, John N. Baughn, George W. Holt, and Malinda Armstrong, witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which James S. Armstrong, of Marion County, Alabama, is claimant, and the United States is defendant.

The said James S. Armstrong, being first duly sworn, says, in answer to the Interrogatories propounded to him, that he is sixty-one years of age, and reside in Marion County, Alabama, near Bexar, and by occupation a farmer.

1 – I resided in Winston County near Larissa, engaged in farmer, and was at home during time specified.

2 – At the same place, and moved to Marion County, late in 1869.

3 – No, sir.

4 – No, sir.

5 – I have, at the Black Swamp precinct about the time of balloting for President Grant. My object in taking the oath was to retain my citizenship and ensure me the right of suffrage.

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 – I was arrested twice by the Rebels, first by Adjutant May, of General Roddy’s Rebel Command—I think it was the second year of the war and detained me about twenty-four hours, when I was released. The second time I was arrested by Col. McCaskin and carried to Rome, Georgia, and detained for five or six weeks, and released on the arrival of the Federal soldiers—was never arrested or molested by the Union troops.

18 – None other than rations and forage.

19 – The Rebels frequently threatened to hang me for my Union sentiments.

21 – No, sir.

22 – No, sir. I was not in a condition to do so.

23 – My son-in-law, John N. Baughn belonged to the First Alabama Cavalry (Union), Colonel Spencer’s command, and five nephews all in the same command. I had two brothers, and some nephews and two sons who enlisted in Blount County. The claimant went after his sons to get them home, but they would not return with him.

24 – No, sir.

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 voted for the Union candidate to the convention on the ratifying of the Ordinance of Secession. After the State seceded I still adhered to the cause of the Union.

34 – I subscribed in full to the last interrogations.

[signed] James S. Armstrong

Paul Ingle, being duly sworn doth depose and say that he is forty-four years of age and a resident of Walker County, Alabama and by occupation a farmer. I have known claimant for about fifteen years, and during the war our acquaintances were quite intimate. We resided about two miles distant and met and conversed with him about four times a month. Affiant is and was a Union man and so regarded by claimant. Our conversation was frequent in regard to the war and its progress. He always spoke in opposition to the Rebellion and was very bitter in his opposition. He always adhered to the cause of the Union. Our conversation was public and private, until it became exceedingly dangerous to make public demonstrations when our conversation was of a private nature. My reasons for knowing his sentiment were from our conversation. Claimant was regarded by his Union neighbors as strictly loyal, and was so regarded by the Rebels. I do not know that he ever contributed money or property to the Union cause. I do not know that he ever gave information to the Union army as to the movement of Rebels. He was arrested by Adjutant May on one occasion, and by Col. McCasken on another and detained for some weeks. I do not know that he ever contributed anything to Rebels—but don’t think he did. I don’t know that he ever owned Confederate bonds or done anything to support the credit of the so-called Confederacy, but do not think he did. In case of the success of the Rebels in establishing a separate government he never could (I think) have established his loyalty to the so-called Confederate government but would have been regarded as a Tory. [signed] Paul Ingle

John N. Baughn, being duly sworn doth depose and say that he is thirty-three years of age and resided in Winston County, Alabama, and occupation a farmer. I have known claimant for fourteen years, and resided about three miles distant from him during the war. In 1863, I enlisted in the First Alabama Cavalry (Union), Colonel Spencer’s Command, prior to which our acquaintance was quite intimate, and met him on an average about four times a month. We had frequent conversations in reference to the war and its causes. In his conversation he was always opposed to the rebellion. Our interviews were generally in private, as I was not anxious to see or be seen by everybody passing. His sympathies before and after the war has always been with the union, as far as I have chatted with him or know of him. The public reputation of claimant was that of a loyal man by his loyal neighbors. I do not know that he ever contributed money or property to the Union cause, or that he gave any information, but I know that he had no objection to converse with Union soldiers. In reference to his arrest, I was in the service, and know nothing other than what was told me. I don’t know that he ever contributed anything to the so-called Confederate government. I do not know that he ever owned or was interested in Confederate bonds or done anything to support the credit of the Rebel government. I know claimant to have had six near relatives in the Union service. In case of the success of the Rebels in establishing a separate government, I regard that claimant never could have been regarded as loyal to their cause, but would have been styled a Tory. [signed] John N. Baughn

James S. Armstrong, recalled in reference to property, states that in March 1865, as the command of General James H. Wilson was passing through on their raid, they took from my stable one sorrel mare mule, four years old, and valued at one hundred and twenty-five dollars. This was I think on the twenty-fifth day of March. They went into camp about two and a half miles from my place. When they returned and also took one roan mare about 8 or 9 years old (blind) and valued at forty dollars. One hundred bushels of corn (unshucked) was taken from the crib, which was estimated at one hundred bushels by the officer who took it. Corn was worth at the time two dollars per bushel. One hundred and fifty pounds of bacon was taken from the smoke house, the reason for my thinking that there was fully one hundred and fifty pounds was that there was seven or eight hams and shoulders, besides the side meat. About one thousand pounds of fodder was taken from two stacks in the field—each one containing about two hundred and fifty bundles which would have averaged two pounds per bundle. The fodder was valued at one dollar per hundred. The property was taken in the afternoon, and by men in command of an officer. The property was taken away by being placed in wagons and packed on horses and started in the direction of their camps. I begged of them not to take my property, and they said that if they did not take it the Rebels would, and that they were bound to break up the war. I saw the man in their service the following day as I went to their camps when they were getting ready to leave. The officer who took my stuff told me to call at their camps and I would have a voucher, but when I did go did not see the officer and made no complaint to none other. They were all active in leaving and I did not have an opportunity. I do not know that there was any necessity for the taking of the property, but I understood that they were living off of the country as they passed through. I regard that it was taken by order of officers as there was an officer present when it was taken, and I am satisfied that which was taken was for the benefit of the service, and as such should be paid for by the Government. I had at the time two hundred and forty acres of land in plantation, about forty acres in cultivation, and would produce about fifteen bushels per acre. The land was worth about two dollars per acre and I disposed of it since the war at about the same price. I have never received pay, in part or in full, for any of the above, and have never presented a prior claim. [signed] James S. Armstrong.

George W. Holt being called to prove property, after being duly sworn doth depose and say that he is fifty-eight years old and a resident of Franklin County, Alabama, and by occupation a farmer. Affiant states that he was not present when any of the specified property was taken, but at the time of its being taken, I was living about one mile distant from claimant, and that in March 24^th or 25^th day, General Wilson’s command took from claimant one roan mare (blind) which I saw passing my house in above command—said mare was I suppose worth about thirty-five or forty dollars. I believe when she passed my house a Federal soldier was leading her. Mr. Fry and claimant were present when the mare was taken past my house and claimant called my attention to his mare. The soldier was with his command and in the line of march. I suppose she would be of little service as a trooper, but that she would answer as a pack horse. I never [heard] anything of her afterward and do not know to which use she was applied. In reference to other specified property, I did not see it taken and know that he had articles specified, and that all was gone after the command. I know the claimant to be an industrious and truthful citizen, and regard his claim as just and correct. [signed] George W. Holt

Malinda Armstrong being called to prove property, after being duly sworn doth depose and say that she is seventeen years of age and single, that she is a daughter of claimant, and resides with her parents at Marion County, Alabama. I was present on claimant’s plantation when in the Spring of 1865, General Wilson’s command marched by. They took one sorrel mare mule, don’t know its age or value. The mule was taken from the stable by three soldiers and I think they led it off with the command passing. One roan mare was taken on the following morning by the same command, who camped about two miles and a half from claimant’s place, don’t know her age or value. She was taken by quite a squad of men (soldiers) accompanied by an officer who represented himself as a Lieutenant. Also, same party took corn, I don’t know how much, but a right smart lot of it. It was taken from the crib and carried off on horses and wagons, don’t know value of corn per bushel at the time. Quite a quantity of bacon was also taken at same time, by same command, don’t recollect the price of bacon per pound at the time, nor the number of pounds taken. Also by same command at same time a large lot of fodder was taken, don’t know how much nor its value. At the time the property was taken there was none others present than the claimant’s own family.

19 – I do not know whether the property taken was for the actual use of the army or not, but suppose it was or they would not have taken it, and they moved off with it in the direction of their camps.

20 – Do not know that they were short of rations or forage.

21 – I do not know, but suppose there was a necessity.

22 – I think the Government should pay for the property taken as it was taken and used by its soldiers.

23 – I suppose it was by the authority of officers from the fact that officers were present at the time that some of the property was taken. [signed x her mark] Malinda Armstrong

John N. Baughn being called to prove property after being duly sworn doth depose and say that he is thirty-three years of age and resides in Winston County, Alabama, and by occupation a farmer, and that in the Spring of 1865, General Wilson’s command in passing through this section, took from claimant corn from the crib and carried it off in their arms, all I saw was a couple of soldiers taking this corn. The command encamped near property of claimant and extended for four miles. The property stated in claimant’s bill. I know him to have had [it] prior to the arrival of these troops, and know it all to have gone when the party left. I know claimant to be an honest, industrious and truthful man, and I firmly believe his claim is not over estimated. Affiant was a number of First Alabama (Union), Col. Spencer’s Cavalry, and was at home on recruiting service at the time, and further deponent saith not. [signed] John N. Baughn

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before "The Commissioners of Claims," no pending before them against the United States, as Notary Public in and for the County of Morgan and State of Alabama, do certify, that James S. Armstrong, of Marion County, Alabama, the claimant in this cause, and as a witness, and Paul Ingle, John N. Baughn, George W. Holt, and Malinda Armstrong of Winston County, Alabama as witnesses came before me at Larissa, Alabama, on the 2^nd day of March A.D. 1872, the said witnesses to testify in behalf of James S. Armstrong, 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 the 9^th day of April A.D. 1872. [signed] R.P. Baker, Special Commissioner.