Submitted by Robin Sterling

Southern Claims Commission File
for
Martin T. Harbison (3133) Disallowed

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

The petition of Martin T. Harbison, a citizen of the State of Alabama, residing at Ryans Creek in the County of Winston, 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 Ryans Creek, 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 States 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.

Of his own knowledge your petitioner avers and states the fact to be that on or about the 15^th day of April 1865 at your petitioners residence in said county and state officers and soldiers of the army of the United States under the command of General Croxton then on a raid in the State of Alabama took from your petitioner one claybank mule valued at one hundred and twenty-five dollars and sorrel mare valued at one hundred and fifty dollars for which no voucher, receipt or other writing was given by any officer or authority of said army taking said property as aforesaid.

Your petitioner was informed and believes and so states the fact to be that said General Croxton was on a raid in the enemy’s country, that said property was removed to the camps of his army, but for the use of what particular regiment your petitioner is unable to state, and that said General Croxton was in command of the forces of said army in the district in which said property was taken as aforesaid.

Your petitioner further states of his own knowledge that said mule and mare were in good serviceable condition.

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 two hundred and seventy-five dollars as compensation for said property taken as aforesaid for the use and benefit of the United States. [signed x his mark] Martin T. Harbison.

State of Alabama, County of Walker: Martin T. Harbison, being duly sworn, [each for himself,] deposes, and says, that he is [one of] the petitioner[s] named in the foregoing petition, and who signed the same; that the matters therein stated are true of deponent’s own knowledge, except as to those matters which are stated on information and belief, and, as to those matters, he believes them to be true.

And deponent further says, that he did not voluntarily serve in the Confederate army or navy, either as an officer, soldier, or sailor, or an 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 x his mark] Martin T. Harbison. Sworn to and subscribed before me at Jasper, Alabama, this 25^th day of May, 1871. [signed] John Brown, Judge of Probate.

To prove my loyalty, I rely upon:

Alex. Gibson, residing at Ryans Creek

Alex. Stephenson, residing at Ryans Creek

Daniel James, residing at Ryans Creek

The other matters I rely upon:

Alex. Gibson, residing at Ryans Creek

Simeon Harbison, residing at Ryans Creek

Jessie Livingston, residing at Ryans Creek

Claim of Martin T. Harbison of the County of Cullman and State of Alabama. It is hereby certified that on the 19^th day of October 1878, 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: Martin T. Harbison, claimant; McDevitt & Austin, Counsel. Simeon Harbison and A. Gibson, 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; 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 19^th day of October 1878. [signed] R.H.L. Whorton, Special Commissioner.

Cullman, Alabama, 19 October 1878: Before me, R.H.L. Whorton, Special Commissioner in the case of Martin T. Harbison, Christopher C. Sheats, who after being duly sworn according to law deposes and says, That he was well acquainted with Martin T. Harbison from the year 1860 to the fall of the year 1862 and knows he was strictly loyal to the U.S. Government up to that time. [signed] C.C. Sheats. Sworn to and subscribed before me this 19^th day of October 1878. [signed] R.H.L. Whorton, Special Commissioner.

Cullman, Alabama, 19 Oct 1878: U.S. Government [owes] to Martin T. Harbison in the sum of two hundred and seventy-five dollars ($275) for two horses or mares taken by Wilson’s Raid in Spring of 1865. Description as follows: 1 claybank mare about 6 years old valued at one hundred and twenty-five dollars ($125). 1 sorrel mare about 5 years old valued at one hundred and fifty dollars ($150), which is due and unpaid. [signed] Martin T. Harbison. Sworn to and subscribed to before me this 19^th day of October 1878. [signed] R.H.L. Whorton, Special Commissioner.

State of Alabama, Cullman County:

52 – Martin T. Harbison

53 – I have intermittently known him from his infancy.

54 – He lived within one quarter mile of my house during the war.

55 – With the exception of a short space of time, whilst in Confederate service I saw him almost daily.

56 – I have frequently conversed with claimant, and his entire conversives was in opposition to the rebellion, but don’t remember any specific time of conversives.

57 – I know that claimant layed in rock house to keep from being pressed in service in opposition to the Union cause.

58 – No.

59 – I have often heard him during the war advocating the Union cause.

60 – His public reputation was loyal to the Government of the United States. C.C. Sheats, Daniel James, A. Stephenson.

61 – C.C. Sheats, Daniel James, A. Stephenson, William Livingston.

62 – I was an adherent to the Union cause and claimant knew it by frequent conversation between us.

63 – No.

64 – I have often heard claimant make use of Union language which would have paralyzed his life had he not secreted himself from the Rebel forces.

65 – None.

66 – The claimant, he purchased one and inherited the other from his wife.

67 – Farm was situated in Winston County, Alabama, forty or fifty acres cleared; 30 or 40 woodland.

68 – No.

72 – I saw two mares taken.

77 – Taken by troops on a raid or expedition. They were taken by Wilson’s Command: one claybank mare, 6 or 7 years old and one sorrel mare 4 years old, by force of arms supposed to be used for United States army.

[signed] A. Gibson.

Cullman, Alabama, sworn and subscribed before me this 19^th day of October 1878. [signed] R.H.L. Whorton, Special Commissioner.

Affidavit of Martin T. Harbison for property taken by U.S. Army in the year 1865.

1 – Martin T. Harbison; age 40 years; residence, Winston County, Alabama (now Cullman); occupation, farmer.

2 – I am claimant.

3 – Morgan County, Alabama.

4 –

5 – Yes.

6 – No.

7 – Yes.

8 – No.

9 – I had four cousins in Union army.

10 – No.

11 – No.

12 – Union and was for Union cause.

13 – I adhered to Union cause.

14 – My feelings were in behalf of the success of cause of Union.

15 – None.

16 – When U.S. Grant was candidate in the year 1868.

17 – C.C. Sheats, W.W. Sheats, Stinson & Whismith

18 – Rebel force was after me from time to time.

19 – No.

20 – No.

21 – No.

22 – I was a conscript.

23 – I was conscripted by Robert Parrott and under his force.

24 – I was a rebel soldier 10 months.

25 – Yes.

26 – Yes.

27 – No.

28 – No.

29 – No.

30 – No.

31 – No.

32 – No.

33 – No.

34 – When conscripted I did.

35 – No.

36 – Yes. One brother Confederate service, name: Simeon Harbison; residence, Cullman County, Alabama.

37 – No.

38 – No.

39 – No.

40 – No.

41 – No.

42 – No.

43 – No.

44 – I voted against secession and was in opposition to same.

45 – No.

46 – Yes, I was. Entered service in 1862, Hurlbut’s Battalion in State of Mississippi in consequence of Conscript Act. Remained 3 days, was taken back, remained 4 months went back and remained 6 months, left army without leave.

47 – I was notified by Robert Parrott, conscript agent in later part of 1862 who gave me choice of command.

48 – No.

49 – No.

50 – No.

51 – No.

52 – No.

75 – I was unable to overtake command after property was taken by Wilson’s Raid. Said property was taken in daylight. [signed] Martin T. Harbison.

Sworn and subscribed to before me this 19^th day of October 1878 [signed] R.H.L. Whorton, Special Commissioner.

Cullman, Alabama, October 19, 1878: Personally appeared before me, R.H.L. Whorton, Special Commissioner in case of Martin T. Harbison, Alexander Stephenson, who after being duly sworn according to law, deposeth and says that he was well acquainted with Martin T. Harbison from the year 1860 to the close of the rebellion in 1865 and he knows him to have been strictly loyal to Union. [signed] Alexander Stephenson. Sworn and subscribed before me this 19^th day of October 1878. [signed] R.H.L. Whorton, Special Commissioner.

State of Alabama, Cullman County:

52 – Martin T. Harbison

53 – I have intermittently known him from his infancy.

54 – I lived three or four miles from claimant.

55 – I frequently met him.

56 – I have frequently conversed with claimant and his entire conversation was in opposition to the rebellion but don’t remember any specific time of conversation.

57 – I know that claimant layed in rock house to keep from being pressed in service in opposition to the Union cause.

58 – No.

59 – I have often heard him during the war advocating the Union cause.

60 – His public reputation was loyal to the Government to the United States. C.C. Sheats, Daniel James, A. Stephenson.

61 – C.C. Sheats, Daniel James, A. Stephenson, William Livingston.

62 – I was an adherent to the Union cause, and claimant knew it by frequent conversation between us.

63 – No.

64 – I have often heard claimant make use of Union language which would have paralyzed his life, had he not secreted himself from the Rebel forces.

65 – None.

66 – The claimant; he purchased one and inherited the other from his wife.

67 – Farm was situated in Winston County, Alabama; 40 or 50 acres cleared; 30 or 40 woodland.

68 – No.

72 – I didn’t see any property taken but seen Wilson’s Command in possession of two mares belonging to claimant.

77 – Taken by troops on a raid or expedition. They were taken by Wilson’s command. One claybank mare, 6 or 7 years old, and one sorrel mare, 4 years old by force of arms, supposed to be used for United States Army.

[signed] Simeon Harbison

Sworn to and subscribed before me, this 19^th day of October 1878. [signed] R.H.L. Whorton, Special Commissioner

Remarks: The claimant resides in Winston County, Alabama. The testimony is very imperfectly taken, but it appeared that in the latter part of 1862 because of the conscript law and his liability to conscription, he voluntarily entered the Confederate army where he served for ten months as a soldier. The claim is disallowed. [signed] A.O. Aldis, O. Ferriss, Commissioners of Claims.

Notes: Despite his unsuccessful petition to receive compensation for the two horses taken by troops belonging to General Wilson, years later Harbison applied to the State of Alabama for a pension based on his Confederate service. The State recognized his service and Harbison received a pension for many years. After he died in 1913, his widow remained on the Confederate rolls until her death in 1934.

Harbison’s wife Minerva was daughter of Alexander Gibson, mentioned in the petition. Monuments in the Livingston Chapel United Methodist Church Cemetery in Cullman County recorded Martin T. Harbison was born 12 Oct 1838 and died 4 Jun 1913; Menerva Harbison was born 17 Mar 1862 and died 4 Apr 1934. Her Alabama Death Certificate (10095) recorded her birth date was 17 Mar 1846.