Stephen T. Small's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Stephen T. Small (3371) Disallowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

1 gray mare

$100

 

 

1 claybank horse

$100

 

 

1 bay mule

$150

 

 

1 black mule

$150

 

 

350 bushels corn

$350

 

 

6000 pounds fodder

$90

 

 

1000 pounds bacon

$200

 

 

300 pounds of flour

$15

 

 

3 bushels meal

$3.75

 

 

30 gallons molasses

$30

 

 

Totals

$1188.75

 

 

 

Power of Attorney: Know all Men by these Presents, That I, Stephen T. Small, of Ryans Creek, Winston County in the State of Alabama, have made, constituted and appointed, and by these presents do make, constitute and appoint Lewis & Fullerton, of Washington, D.C., my true and lawful Attorney for me and in my name, place and stead, hereby annulling and revoking all former Powers of Attorney or authorizations whatever in the premises, to prosecute my case before the Claims Commission, 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 seal, this twenty-fifth day of May, eighteen hundred and seventy-one. [signed] Stephen T. Small, Witnesses: [illegible] and William A. Small

State of Alabama, County of Walker: Be it known, that on this 25th day of May, in the year eighteen hundred and seventy-one, before me, the undersigned, a Judge of Probate in and for said County and State, personally appeared Stephen T. Small 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] John Brown, Judge of Probate.

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

The petition of Stephen T. Small, 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 South Carolina, 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 the 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 28th day of February 1865 at your petitioners plantation in Lancaster district, State of South Carolina soldiers of the army of the United States and under the command of Major General Kilpatrick took from your petitioner on gray mare valued at one hundred dollars, one claybank horse valued at one hundred dollars, one bay mule valued at one hundred and fifty dollars, one black mule valued at one hundred and fifty dollars, three hundred and fifty bushels of corn valued at one dollar per bushel, six thousand pounds of fodder valued at one and a half cents per pound, one thousand pounds of bacon valued at twenty cents per pound, three hundred pounds of flour valued at five cents per pound, three bushels of meal valued at one and 25/100 dollars per bushel and thirty gallons of molasses valued at one dollar per gallon for which no voucher, receipt or other writing was given by any authority of said army taking said property as aforesaid.

Your petitioner was informed and believes and so states the fact to be that said Major General Kilpatrick 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 which particular regiment your petitioner is unable to state and that said Major General Kilpatrick was in command of the army in the district in which said property was taken.

Your petitioner further states of his own knowledge that said mare, horse and mules were in good serviceable condition and that said corn, fodder, bacon, flour and meal and molasses were in good merchantable 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 eleven hundred and eighty-eight and 75/100 dollars as compensation for said property taken as aforesaid for the use and benefit of the United States. [signed] Stephen T. Small, Petitioner, Thomas C. Fullerton, Solicitor.

State of Alabama, County of Walker: Stephen T. Small 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] Stephen T. Small, Petitioner

Sworn to and subscribed before me at Jasper, Alabama, this 25th day of May 1871 [signed] John Brown, Judge of Probate

To prove my loyalty I rely upon:

Garrett Sims, residing at Lancaster, South Carolina

William Brosington, residing at Lancaster, South Carolina

George M. Witherspoon, residing at Lancaster, South Carolina

The other matters I rely upon:

Allen Small, residing at Lancaster, South Carolina

Chapman Small, residing at Lancaster, South Carolina

John J. Small, residing at Lancaster, South Carolina

My post office address is Ryan’s Creek, Winston County, Alabama

War Department. Quartermaster General’s Office. Washington, April 23, 1875: Respectfully returned to the Honorable Secretary of War. A careful search has been made in this office and no record is found of the within mention claim of S.T. Small. From the statements of Mr. Small it is presumed that the claim is before the Commissioners of Southern Claims. Quartermaster General, Brevet Major General, U.S.A.

O.C.G.S. May 8, 1875: Respectfully returned to the Hon. Secretary of War, with the report that the records of this office do not show the receipt of any claim in favor of S.T. Small [signed] A. Beckwith, Commanding General, Subs.

[A four page note tagged “War Department” here is too faint to read]

Before the Commissioners of Claims, Washington, D.C.: Claim of Stephen T. Small of the County of Cullman and State of Alabama, numbered 3371.

It is hereby certified that on the 29th day of May 1877, at the claimant’s residence 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:

Stephen T. Small, Claimant

James M. Small, Witness

John D. Small, Witness

George W. West, Witness

James Small, Witness

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 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 attested at the time it was affixed to the deposition.

Witness my hand and seal this 1st day of June, 1877 [signed] Sam Thompson, Special Commissioner.

1 – The said Stephen T. Small being first duly sworn deposes and says my age, 70 years. I reside in Cullman County, Alabama near Hanceville which is on the line of Blount County and the new County of Cullman. This new County of Cullman has been recently made out of portions of Blount, Winston, and Morgan counties. I have been living where I now reside since October 1873. I am a farmer.

2 – I am the claimant.

3 – I was born in Lancaster District in South Carolina.

4 – I was residing in Lancaster District, South Carolina and I was engaged in farming. I resided at the same place in Lancaster District, South Carolina from the beginning to the end of the rebellion and I was engaged in farming all the time, during the rebellion.

5 – My sympathies were on the side of the Union all the time from the beginning to the end of the rebellion. I wanted the Union preserved and restored.

6 – No, sir. I never said or done anything against the cause of the Union.

7 – I was at all times ready and willing to do what I could do in aid of the cause of the Union and of the United States government.

8 – No, sir. I did not. I did not live in a section of the country where I could do anything.

9 – No, sir. I did not.

10 – No, sir. I did not.

11 – No, sir. I did not. I lived where I could not do such things.

12 – I took sides with the United States government and was in favor of preserving the Union. I talked for the Union and I worked for the Union and I voted for the Union and I voted for the Union candidates for the Secession Convention in 1860. I did not vote for President and Vice President in 1860. The Legislature elected the Electors in South Carolina. I was the one [responsible] in the getting up of the Union ticket for delegates to the Secession Convention in my district. I made a call signed by myself and others in our county newspaper on three (3) known Union men to become candidates for the Convention and we saw them and I paid the editor of the paper out of my own pocket for making the call on them to become candidates and for answering items as candidates. The secessionists held a convention in our district and nominated their candidates and myself and other Union men called on Union men to run in opposition to the nominees of the Secession Convention and they run and we voted for them at my voting box myself and 17 other Union cast our votes for the then Union candidates.

13 – I adhered to the cause and government of the United States all the time from the beginning to the end of the rebellion after the State had seceded and rebelled against the United States government and gone into the Confederacy. I wrote a letter to James H. Witherspoon then in the Rebel Congress at Richmond, Virginia to introduce some plan in this Congress to stop the war and go back into the Union. He was a Union man all the time from the time that the secessionists commenced their movements till some time after the State passed the Ordinance of Secession. He then went with his State and was elected a member to the Rebel Congress. He was one of the men that myself and others called on through our paper to serve as Union candidates and he was one of the thus who run as Union candidates and one of the thus that I voted for.

14 – My feelings and sympathies were on the side of the United States and with the cause of the Union. I desired to see the Union cause succeed and I was greatly rejoiced when the Rebel armies all surrendered.

15 – I did not receive any favors or protection from the United States government during the war. I did not live where I could receive any favors or protection from the United States government.

16 – No sir, I have not.

17 – Garrett H. Sims, William F. Brosington, George M. Witherspoon, John S. Small, who is now dead, Allen Small, Chapman Small, John J. Small, all my brothers; Landy Johnson and James H. Witherspoon, Benjamin S. Massey, now dead, and William Reid, who is now dead. None of these persons reside in this State and none of them are called to testify for me but James H. Sims, William Brosington and George W. Witherspoon were the original witnesses as put down in my petition to testify to my loyalty and Allen Small, Chapman Small and John S. Small were my original witnesses to prove the taking of my property.

18 – No, sir. Not that I know of.

19 – No sir. I was not.

20 – No, sir.

21 – No, sir.

22 – No, sir. I did not either by words, act, or deed.

23 – No, sir.

24 – No, sir. I was not.

25 – No, sir. I was not.

26 – No, sir. I did not.

27 – No, sir. I did not and I never had anything to do with anything contained in this question.

28 – No, sir. I was not.

29 – No, sir. I was not.

30 – No, sir. I did not and I never had anything to do with anything contained in this question.

31 – No, sir. I did not and I never had anything to do with anything contained in this question.

32 – No, sir. I did not.

33 – No, sir. I was not.

34 – No, sir, I never did.

35 – No, sir. I never did.

36 – Yes sir. I had one son in the Rebel army, John D. Small. He was near 21 years of age at the time that he went into the Rebel army. He is now living and residing near me in Cullman County, Alabama. I done all that I could to keep him from going into the Rebel army. I told him never to go into the Rebel service and he said that he was satisfied that he would be ___ and to go and if he was that he wanted to volunteer and go with his friends. He volunteered and I did not know anything about it till after he had enlisted. I did not furnish him with anything to go into the army. He had no outfit prepared. He carried the clothing with him that he had at the time that he volunteered. We furnished him with one suit of clothing after he went into the Rebel army and only one. Myself and wife did not furnish our son with this suit of clothing for the purpose of aiding the rebellion but we furnished it to him for the love and affection that parents have for their children and for the health and comfort of our child, and not for any love that we had for the Confederacy or for the rebellion or rebel cause.

37 – No, sir. I have not

38 – No, sir. I have not.

39 – I have taken all the oaths that has been required of me as a citizen since the war. I did not take any oath of any kind during the war and all that I have taken since the war has been in compliance with the requirements of the United States authorities.

40 – No, sir. I never was.

41 – No, sir. I never was.

42 – No, sir. There was not.

43 – No, sir. There was not.

44 – I voted only one time after South Carolina seceded in 1860 till after the close of the war and I voted that time for James H. Witherspoon who was a strong Union man before secession. I voted for him against anything secessionist with the hope that he might do something to stop the war. He told me that he was a Union man and that if elected that he would do all that he could to stop the war. The Ordinance of Secession was not submitted to the people in South Carolina to vote on. If it had been I would have voted against it.

45 – I never did and I could not have him induced to have done so.

46 – No, sir. I was not. I was never conscripted. I was over age all the time. I never furnished any substitute for the Rebel army.

47 – No, sir. I never was and I never had anything to do with anything contained in this question.

48 – No, sir. I did not.

49 – No, sir. I was not and I never had anything to do with anything contained in this question.

50 – No sir. I never was and I never had anything to do with anything contained in this question.

51 – No, sir. I never was.

Further this deponent saith not.

[signed] Stephen T. Small; Attest: [signed] Sam Thompson

The said James M. Small being first duly sworn deposes and says my age is 46 years. I reside in Cullman County, Alabama and I am a farmer.

52 – In favor of the claimant.

53 – I have known the claimant ever since I was a small boy. I know known him intimately for over 35 years.

54 – I lived about one and a half miles from him all the time during the war.

55 – I saw him often during the war. I saw him three or four times a week up to August 1861. I then went into the Rebel army and I did not see him but about four or five times a year till after the close of the war. I was at home frequently on furlough and detail and while I was at home I would see the claimant every day or two and sometimes I would remain at home for a month at the time.

56 – I conversed with the claimant often about the war, its causes, progress and results. I do not remember the precise language used by the claimant on any particular occasion that we conversed but he all the time expressed himself as being a Union man and in favor of the United States government and opposed to secession and the rebellion. He was a leading man in our neighborhood and was considered a strong Union man by his neighbors. I am sure that he voted the Union ticket for delegates for the Secession Convention in our district in 1860. I am sure of this. The claimant told me often that he voted the Union ticket and I often heard other Union men say that the claimant voted the Union ticket and that he was a Union man and opposed to the Confederacy and to the rebellion and after the war was over I heard the claimant say often that he could not live in his old neighborhood in South Carolina that he was told by his secession friends and neighbors and that he was ostracized by them because he had been a Union man and opposed to the war and rebellion and that he would not attempt to live there that he would sell out his land and leave them and go where he would be respected and in 1867 he did sell out his property and leave his old home and came to Alabama and settled in Winston County which was and is at this time considered a strong hold of Unionism. There are very few persons in Winston County who are not Union people and that were not Union people during the war. They were almost a unit for the Union during the war so I have been informed since I have resided here.

57 – I do not. Nothing more than his talk and opposition to secession and the rebellion. He lived where he could not do anything without endangering his life and he had to be very careful to whom he talked his true sentiments.

58 – No, sir. I do not.

59 – If the claimant ever said or done anything against the Union cause I did not hear of it and he did not live where he could do anything for the Union cause and be safe in doing it.

60 – That of a strong Union man and opposed to the war and to the Confederacy. I heard my father John S. Small, Garrett Sims, William Brosington, George M. Witherspoon, Allen Small, Chapman Small and John J. Small, all Union men, say that the claimant was a Union man and opposed to the Confederacy and to the rebellion. I am sure that Amos Blackman, J.W.A. Patrick, Howell Short, and Samuel Belk and J.F.T. Mittages could testify to the claimant’s public reputation.

61 – Garrett Sims, George M. Witherspoon, William Brosington, James H. Witherspoon, Allen Small, Chapman Small, John J. Small and John S. Small I am sure that any of these persons can testify to the claimant’s loyalty.

62 – I was a strong Union man. I voted against secession at the same time and at the same voting place with the claimant and my father, John S. Small, and the other Union men of our precinct whose names I have already given you. The claimant knows that I was a Union man. I told him that I was.

63 – If the claimant was ever threatened or injured by the Rebels on account of his sentiments I did not know of it. There was nothing of that kind carried on in our neighborhood. Union men generally talked their sentiments to each other and they never spoke of each other’s sentiments only to each other. They were afraid to let the secessionists know what they said to each other about the war and the Confederacy.

64 – Nothing more than his language to me and to other Union men. If the Rebels had known what we said about the Confederacy and the war to each other they would have drove us out of the country. We could not speak our true sentiments only to each other and if the claimant had committed any disloyal act to the Confederacy he would have been drove out of the country or killed. He could not have lived there.

65. I cannot. I have stated everything that I now recollect that goes to show that the claimant was loyal to the United States government during the rebellion. I am related to the claimant. We are second cousins and I am also related to him by marriage. I married the claimant’s daughter. I have no interest in the success of this claim separate and apart from the claimant. Further this deponent saith not. [signed] James M. Small; Attest: [signed] Sam Thompson

The said John D. Small being first duly sworn deposes and says my age is 36 years. I reside in Cullman County, Alabama and I am an artist and photographer.

52 – In favor of the claimant.

53 – I have known the claimant all my life; he is my father.

54 – I resided with my father all the time during the war from the time of secession up to August 1861. I then went into the Rebel army and remained there till the 12tha day of May 1864. I then came home and remained there. I never returned to the army.

55 – I saw my father every day till I went to the army in August 1861. After that time I only saw him while I was at home on furlough. I was home twice on furlough and remained there about four (4) months the first time and about 2 months the last time and I then saw my father every day and after I came home in May 1864, I saw him every day.

56 – I conversed with my father often about the war, its causes and progress and results. He often told me that he was a Union man and opposed to the rebellion. He told me that he voted against secession, that the rebellion was wrong and that the war was unjust on the part of the Rebels that they could not succeed and that he wanted the Union preserved and that he hoped that it would be preserved. My father told me not to go into the Rebel army; told me to stay at home and never go to fight against the United States government and he done everything that he could to keep me from going into the Rebel army. Sometimes he talked to me about this was in the presence of my mother and the other members of the family and he may have talked to me in the presence of other persons, but if he did I have forgotten who it was and he frequently talked to me when we were together and alone and he talked the same way all the time about the rebellion.

57 – Nothing more than what he said to me about the rebellion and voting against secession.

58 – I never heard my father say anything against the Union cause and if he ever said or done anything against the Union cause I did not know or hear of it.

59 – I heard my father say that he was a Union man; that he voted against secession, and I have heard Garrett Sims, William Brosington, George M. Witherspoon, Allen Small, Chapman Small and John J. Small and James M. Small, all Union men, say that my father, the claimant, was a Union man and that he voted the Union ticket. I heard them say this at different times during the war.

60 – That of a Union man, I heard George M. Witherspoon, Garrett Sims, William Brosington, John J. Small, James M. Small, Allen Small, and Chapman Small , all Union men, say that the claimant was a strong Union men. I am sure that Landy Johnson, John W.A. Patrick, Robert Montgomery and John Taylor could testify to the claimant’s public reputation.

61 – James H. Witherspoon, George M. Witherspoon, Garrett Sims, William Brosington, Allen Small, Chapman Small, John J. Small and James M. Small I am sure that any of these persons could testify to the claimant’s loyalty.

62 – I was not old enough to vote in 1860. I was in favor of the Union and if I had been old enough to have voted I would have voted against secession. I was always with my father in politics. I always believed what he said and done was right.

63 – If my father was ever threatened or injured by the Rebels on account of his sentiments I did not know of it. I seldom ever heard of any person being threatened by the Rebels. My father and all other Union men in our section of the State was very quiet and was very careful how they talked and to whom they talked to.

64 – Nothing more than his conversations with me about the rebellion and the Confederacy and I am sure if the Rebels had known what my father said to me about the rebellion and the Confederacy that they would not have allowed or permitted him to have lived here in the South.

65 – Nothing more than what my father told me since the war and which I am sure is true. He told me since the war before leaving his old home in South Carolina that he could not live there that he was ostracized by men who had always been his friends and neighbors on account of his Union principles and that he had not been treated by them as he should have been and that he intended to sell out his land and other property and go to where he could be respected and treated kind by his neighbors and I know that he did sell out his property in 1867 and move to Alabama and he settled in a very poor part of the State in Winston where you can scarcely find any person who was not Unionist during the war and they are now Unionist. There are very few persons at this time living in Winston County but what are strong Union people.

I have no interested in the success of this claim separate and apart from my father, the claimant. Further this deponent saith not. [signed] John D. Small; Attest: [signed] Sam Thompson

Before the Commissioners of Claims, Under Act of Congress of March 3, 1871: In the matter of the Claim of Stephen T. Small of Hanceville, in the County of Blount and State of Alabama.

Comes now the Claimant before Sam Thompson, Esq., Special Commissioner for the State of Alabama, and represents that he has heretofore 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:

1 gray mare ($100); 1 Claybank horse ($100); 1 bay mule ($150); 1 black mule ($150); 350 bushels corn ($350); 6000 pounds of fodder ($90); 1000 pounds of bacon ($200); 300 pounds of flour ($15); 3 bushels of meal ($3.75); 30 gallons molasses ($30); total: $1188.75

That, as stated in the Petition referred to, the property in question was taken from claimant in District of Lancaster in the State of South Carolina, for the use of a portion of the army of the United States, command by General Kilpatrick.

That the property was removed to camps on or about the 28th day of February in the year 1865, 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 he 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:

Garrett Sims, of Lancaster, South Carolina

William Brosington, of Lancaster, South Carolina

George M. Witherspoon, of Lancaster, South Carolina

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:

Allen Small

Chapman Small

John J. Small

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 my 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 29th day of May 1877 [signed] Stephen T. Small, Claimant; [signed] Thomas C. Fullerton, Attorney

Testimony on Facts

The said Stephen T. Small being first duly sworn deposes and says my age is 70 years. I reside in Cullman County near Hanceville in Blount County, Alabama and I am a farmer.

66 – I was the owner of all the property charged in this claim at the time that it was taken. I had raised all of this property on my farm.

67 – My property was all taken from me at my house on my farm, 9 miles East of Lancaster Court House in the District of Lancaster, South Carolina. W owned about 320 acres of land. I had cleared and in cultivation about one hundred acres. The balance was woodland.

68 – No, sir. I have never filed a petition in bankruptcy nor I have never been declared a bankrupt.

72 – I was present at the time and I saw all of the property taken that is charged in this claim. I saw taken one gray mare, one Claybank horse, one bay mule, one black mule, the corn, the fodder, the bacon, the flour, 3 bushels of meal and the molasses and three jars of lard and one man’s saddle and my water buckets and cooking vessels and other property about my premises.

73 – This property was all taken in the day time and was all taken publicly so that we could all see and know that it was taken.

74 – I made complaint to one of the officers about the taking of my property. I told him that I was a Union man and opposed to the rebellion and that they ought not to take everything that I had. The officer said to me that they were forced to take such property from both Union men and secessionists and Rebels; that they had to take all of the supplies that they could find on their line of march; that they had to depend on the country that they passed through for such supplies as the army needed to subsist on; and that I could get supplies for myself and family after they had passed on from outside of their lines of march and the officer told me that they were compelled to take my property for the necessary use of the army.

75 – I did not ask for any voucher or receipt for this property and they never offered or give me any. I failed to ask for a receipt from the fact that I did not know whether or not they would give me one, and I was so distressed about the war and about other things I did not think about asking for a receipt.

76 – I have never received pay for this property or for any part of it or for any other property that they taken from me at the same time that this property was taken or for any property taken from me during the war and they did not offer to pay me for it or for any part of it. I have never presented a claim to Congress or to any department of the United States government for this property or for any part of it only as it is now presented and in the form that it is now presented to the Commissioners of Claims and I have never presented a claim or any state authority or any state officer or to any State department for this property or for any part of it.

77 – This property was all taken by troops encamped about one mile and a half from my house and some of them camped at my house and on my premises. The main army was encamped about one mile and a half from my residence. There had been no recent battle or skirmish near there.

78 – I saw taken the gray mare, Claybank horse, bay mule, black mule, the corn, fodder, the bacon, the flour, the meal and molasses.

79 – This property was all good sound property and in good condition. The gray mare was 7 or 8 years old, was a medium in size. She was well broke and worked well to the plow and wagon and was a good saddle nag, rode kind and gentle under the saddle. The Claybank horse was 3 years old, was large size to his age. He was well broke and worked well to the plow and was a good saddle horse, and was kind and gentle under the saddle. The bay mule was well broke and was 5 years old and was medium size. He worked well to the plow and wagon and rode kind and gentle under the saddle. The black mule was 6 years old, was medium size, was well broke and worked well to the plow and wagon and rode well under the saddle. The corn was good, sound corn, was shucked and housed in the corn crib. The fodder was good, sound fodder, was clean and bright and housed in the barn loft. The bacon was good, sound bacon and well smoked and dried and in the smoke house, and a part of it was stored away in the upper story of my dwelling house. We had put the hams there for safe keeping. The flour was good, fresh flour and was in the cook house in sacks. The meal was good, fresh meal, was in sacks and in the cook house. The molasses was good, homemade molasses and was in 2 barrels and in the smoke house.

I knew that they took one gray mare, one Claybank horse, one bay mule and one black mule. I did not measure the corn and I estimate or get at the quantity from the size of the crib that it was housed in. It was a large crib and had been gauged and measured and it held 500 bushels of shucked corn, and the crib was full of shucked corn. When I gathered my corn, and I am sure that it was over two-thirds full of shucked corn when the army came to my house and they took all that I had. I am sure that they took fully 350 bushels of corn from me. I did not weigh the fodder but I had counted my fodder at the time I put it in the barn and I put in the barn over 5000 binds and the binds would have weighted fully 2 pounds each and I am sure that I have not used as much as half of my fodder and they took all that I had. The bacon I did not weigh or see weighed and I estimate the quantity taken from the number of hogs that I had killed the winter before and the size of the hogs. I had killed eleven head of fine, large, fat pork hogs the winter before out of which this bacon was made and they would have made fully 2000 pounds of good pork and the pork would have made fully 1400 pounds of bacon and we had not used more than one-third of the bacon and they took all that I had. I feel sure that they took fully 1000 pounds of the bacon. I had carried to mill a few days before the army came to my house 5 bushels of corn and 10 bushels of wheat and I had only had the meal and flour at my house a day or two and I am sure that they took fully 3 bushels of meal and fully 300 pounds of flour. The molasses was in 2 barrels. One barrel held about 20 or 22 gallons and was full and the other barrel held about 25 gallons and was about half full and they took all the molasses that I had in the 2 barrels. This was all good, sound property.

The mare and horse was worth fully one hundred dollars each and the mules was worth fully one hundred and fifty dollars each. The corn was worth fully one dollar per bushel. The fodder was worth fully one dollar and a half per hundred pounds. The bacon was worth fully 20 cents per pound. The flour was worth fully five dollars per hundred pounds. The meal was worth fully one dollar and twenty-fie cents per bushel. The molasses was worth fully one dollar per gallon. I have valued this property all at what I think it was worth at the time in United States money.

This property was all taken on or about the 28th day of February up to the 4th of March 1865. It was all taken by General Kilpatrick’s command. I did not know any of the names of the officers except that of General Kilpatrick. The soldiers come to my house and went to the field near the house and caught my mare horse and 2 mules and put bridles or halters on them and put them to the house and kept them there till they went off and soldiers rode them off. The soldiers went to by corn crib and went into the crib and took a part of the corn out at the door and then prized up the crib and took out 2 logs and took the corn out when they had taken the logs out. They carried a part off in wagons and put a part in sacks and carried it off on their horses and they used a part in feeding their horses on the spot on my premises when they were camped. They went into the barn loft and threw the fodder on the ground and tied it up in bunches with ropes and carried a part off on their horses and the fed a part to their stock on the spot when they were camped on my premises. The soldiers went into my smoke house and took a part of the bacon and the balance they took out of the upper story of my dwelling house. They put a part in sacks and they tied a part to their saddles and carried it off on their horses and they used part on the spot at their camps on my premises. The men cooked and eat it. They went to the cook house and took the flour and meal and carried a part off in the sacks that it was in and cooked and used the balance at their camps on my premises. They went into the smoke house and mashed or broke in the heads of the barrels and dipped out the molasses and put some in their canteens and some in buckets and tin pans and carried the molasses off on their horses and they used a part on the spot at their camps on my premises. This property was all removed by soldiers on horseback and a part of the corn in wagons.

I cannot state how many men there was engaged in the taking of my property. There was fully one hundred men with their horses camped at and around my house and on my premises and the whole of General Kilpatrick’s cavalry command was camped about one mile and a half from my house. They were camped there and at him house from the 28th of February till the 4th day of March 1865 and soldiers were coming and returning to my house and their camp during all the time that they were camped there. The soldiers was taking this property as they wanted to use it from the time they came till it was all taken till they left there and when they left they had taken and used all of this property. They were taking it for about 3 days off and on at different times in the day. They carried a part of this property to their camps about one and a half miles from my house and they used the balance at their camps about my house and yard and on my premises. There was officers present but I did not know their names. I heard the soldiers call them captains and lieutenants and I know that they were officers from their dress. When I complained to one of the officers about the taking of my property he said that they had orders to take all such property for the use of the army and that they were forced to treat their friends the same as their enemies that they had to take from all alike. I did not know any of their names but they said that they belonged to General Kilpatrick’s command of General Sherman’s army. I think from the fact that the army taking my property was in an enemy’s country and so far from their base of supplies that they were justified in taking my property and all such property for the use of the army and I think that they had the necessary orders from the proper officers to take all such property. They did not have supplies with them and they could not buy supplies and they were forced to take what they needed to supply the army.

80 – Omitted.

Further this deponent saith not. [signed] Stephen T. Small; Attest: [signed] Sam Thompson

The said John D. Small being first duly sworn deposes and says my age is 36 years. I reside in Cullman County, Alabama and I am an artist and a photographer.

72 – I was present at the time and saw all of my father’s property taken that is charged in this claim. I saw taken one Claybank horse, one gray mare, one bay mule and one black mule, corn, fodder, bacon, flour, corn meal, molasses and lard and other property taken about the house.

73 – The property was all taken in the daytime and was all taken publicly so that we could all see and know that it was taken.

74 – If my father, the claimant, made any complaint to any of the officers about the taking of his property I did not hear it. I heard him ask the soldiers not to take all of his corn and bacon but they took it anyhow. They said that they had to take it for the use of the army.

75 – If my father asked them for any voucher or receipt I did not hear it and if they offered or give him any showing for his property I did not see or know of it. I do not know why he failed to ask for and obtain a receipt for his property.

76 – If the officers or soldiers paid my father for this property or offered to pay him for it I did not see or hear of it or know of it and I am satisfied that they did not pay or offer to pay him for it or for any part of it nor for any other property taken from him at the same time that this property was taken or for any property that was taken from him at any time during the war. I know nothing of anything further contained in this question.

77 – This property was all taken by troops encamped at and on the premises of my father and about one and a half miles from my father’s; two companies were camped at my father’s on his premises and the main army was camped about one mile and a half from my father’s. There had been no recent battle or skirmish near there.

78 – I saw the mare, the horse, the two mules, the corn, the fodder, the bacon, the flour, the corn meal and the molasses taken.

79 – This property was all in good condition. The mare and horse were in good working order and the mules were in good working order. The mare was about 8 years old and a full medium size, was a gray in color. They horse was three years old, was large to his age and was a Claybank in color. The bay mule was 5 years old and was a full medium in size. The black mule was 6 years old, was a full medium size. The mare horse and mules were all well broken and worked well to the plow and wagon and they all rode kind and gentle under the saddle. At the time the army came to my father’s the mare, horse and mules were in the field near the house. This corn was good, sound corn, was shucked and in the corn crib. The fodder was good, sound fodder, clean and bright and housed in the barn loft. The bacon was good sound bacon, was well smoked and dried and a part was in the smoke house and a part, the hams, was in the upper story of the dwelling house. The flour and meal was good, fresh flour and meal and was in the cook house in sacks. The molasses was good homemade molasses and was in two half barrels and in the smoke house.

I know that the soldiers taken one mare, one horse, and two mules from actual count. I did not measure or see the corn measured and I arrive at the quantity from the size of the crib and about the quantity that was in the crib. The crib had been measured and gauged and it held 500 bushels of shucked corn and the crib was about two thirds full of shucked corn and the army taken it all. I arrive at the fodder from the number of binds put in the barn loft when it was stored away. My father put up in the barn loft the fall before about 5000 binds of fodder and they were large binds, would have weighed fully 2 pounds each and he had sold not of it and I am satisfied that we had not used as much as half of it and the soldiers took it all. I did not weigh or see the bacon weighed and I arrive at the quantity by the number of hogs my father had killed the winter before out of which this bacon was made and the size of the hogs he had killed, ten or eleven head of fine, large pork hogs in December before and they would have weighed fully 200 pounds each and would have made fully 2000 pounds of pork and the pork would have made fully 1500 pounds of good bacon and my father had not sold any of the pork or bacon and I am satisfied that we had not used as much as 400 pounds of the bacon and the soldiers took all that my father had. The flour and meal had just been brought home from the mill a day or two before the army came. My father had sent 5 bushels of corn to the mill out of which this meal had been ground and at the same time had sent 10 bushels of good wheat to the mill out of which this flour had been ground and the wheat would have made fully 340 pounds of good flour and this corn would have made 5 bushels of meal and we had not sold any of either the flour or meal and had not used out of it but a day or two and had not used but very little of either the meal or flour and the soldiers took all that my father had. The molasses was in 2 half barrels. One held about 22 gallons and one about 23 or 24 gallons. One of the barrels was full and the other one was about half full and they took all of the molasses. This was all good, sound property.

The mare was worth fully one hundred dollars. The horse was worth fully one hundred dollars. The mules was worth fully one hundred and fifty dollars each. The corn was worth fully one dollar per bushel. The fodder was worth fully one dollar and a half per hundred pounds. Bacon was worth fully 20 cents per pound. The flour was worth fully five dollars per hundred pounds. The meal was worth fully one dollar and twenty-five cents per bushel and the molasses was worth fully one dollar per gallon. All this property valued at what I think it was worth at the time in United States money. This property was all taken from the 28th day of February to the 4th day of March 1865. It was all taken by General Kilpatrick’s command of General Sherman’s army.

I do not remember the names of any of the officers except one, and his name was Captain Cook. He was at my father’s house in command of his company and stayed in the house and while he was there I made his acquaintance. The soldiers came to my father’s on the 28th of February 1865 and went to the field near the house where the mare, horse and mules was and caught them and brought the mare, horse and two mules to the house and kept them there in their camps till they left there on the 4th of March 1865 and they then carried them off with them. The soldiers went to the corn crib and went into the crib and prized the crib up and took out 2 logs and took the corn out and a part they put in wagons and hauled or carried it off to their camps where the main army was encamped and a part they put in sacks and carried it off on their horses and a part they fed to their horses on the spot in their camps on the premises. The soldiers went up into the barn loft and threw the fodder down and tied some of it in bunches with ropes and carried it off to where the main army was camped on their horses and a part they fed to their stock on the premises where they were then camped; two companies were camped there from the 28th of February 1865 till the 4th of March 1865. The soldiers went into the smoke house and dwelling house and took the bacon, the shoulders and sides out of the smokehouse and the hams out of the upper story of the dwelling house and put a part in sacks and tied a part to their saddles and carried it off on their horses and they took a part and cooked and eat it on the premises where they were then camped. They took the flour and meal out of the cook house in the sacks that it was in and carried a part off on their horses and they cooked and used a part on the premises where the 2 companies were then encamped. They broke in the heads of the 2 barrels and dipped out the molasses and a part they put in their canteens and carried off on their horses and a part they put in buckets and tin pans and carried to their camps on the premises and eat it while they were camped there on the premises and they took the lard out of the smoke house and carried it to their camps on the premises and used it in cooking.

I cannot say how many men and animals were engaged in the taking of and the [consuming] of this property. There was two full companies camped on my father’s premises and there was large numbers of soldiers from the main camps of the army coming through and taking corn, fodder and bacon and carrying it off to their main camps from the time they came there on the 28th of February till they left on the 4th of March. There must have been thousands of them there and engaged in the taking of this property and carrying it off. The soldiers was engaged in the taking of this property from the 28th of February till the 4th of March and at different times on the several days that they were camped on the premises and near them. They carried the most of this property, that is the corn, fodder and bacon and molasses to the camps where the main army was camped and a part they used on the premises at their camps and they kept the mare and horse and two mules at their camps on the premises and carried them off when they left on the 4th day of March 1865. There was present at the time officers. I knew them to be officers from their dress and one Captain Cook was camped on the premises with his men and his quarters was in my father’s dwelling house. I do not now recollect what all they said about the taking of this property but I remember that I heard Captain Cook say that they were forced to take this property for the use of the army that they had to take their supplies from the citizens along on their march and that we could get supplies after they left where they had not been and he said that they had orders to take all supplies that was necessary to supply the army units. I did not know any of the names of the officers except that of General Kilpatrick and Captain Cook. If I heard any of their names at the time I have forgotten them. The only reason that I can give you that goes to show that the taking of this property was for the use of the army and that the persons or soldiers that took it had the proper orders from the proper officers to take this property is that I heard Captain Cook say that they were taking this property for the use of the army and that they had orders to take it and I know that they took the same kind of property from other persons in our neighborhood and in other sections of the country along on their march and I saw the soldiers using this property in their camps and I did not see them have any supplies with them when they came to my father’s and I did not see them have any supply taken with them.

80 – Omitted.

I am related to the claimant. He is my father. I have no interest in this claim separate and apart from that of the claimant. Further this deponent saith not. [signed] John D. Small; Attest: [signed] Sam Thompson

The said George W. Vest being first duly sworn deposes and says my age is 47 years. I reside in Cullman County, Alabama and I am a farmer.

72 – If I was present at the time and saw any of the property taken that is charged in this claim. I do not recollect it, but I know that the command that I belonged to did take such property while we were on the march in Lancaster district when we were encamped near a large ridge called Flint Ridge and near where the claimant, Mr. Small, says that he lived at that time. I know that we were camped near there some three or four days and that we subsisted on the supplies that we took from the citizens on our march and around where we were camped and I know that we had orders from our officers to take horses and mules, corn, fodder, bacon and all other supplies that was necessary for the use of the army. I never knew the names of any of the parties that we took supplies from near our camps near Flint Ridge. I belonged to Company K commanded by Lieutenant Joseph H. Hornback of the First Alabama Cavalry commanded by Colonel George E. Spencer and while on our march through South Carolina the Regiment was commanded by Lieutenant Colonel Godfrey and Colonel George E. Spencer was in command of the brigade and we had orders from our officers to take all horses and mules on our march that would do for the use of the army and to take all supplies that was necessary for the use of the army and we obeyed the orders of our officers and took all stock that would do for the use of the army and all other supplies. While our command was passing through South Carolina near Flint Ridge in Lancaster District we did not have any supply trains with is. The supply trains was with General Sherman’s Infantry command and the company and regiment that I belonged to and was with at that time was under the command of General Kilpatrick who was commanding the cavalry or a part of the cavalry of General Sherman’s army. I am not related to the claimant in any way, and I have no interest in this claim. Further this deponent saith not. [signed] George W. Vest; Attest: Sam Thompson

The said Jane Small being first duly sworn deposes and says my age is 70 years. I reside in Cullman County, Alabama and I am keeping house for my husband, the claimant in this case.

72 – I was present at the time and I saw all of the property taken that is charged in this claimant. I saw the mare taken, the horse and the two mules or at least I saw the soldiers bring the mare, horse and two mules from the field and have them at our house in their possession and they kept them there three or four days and I saw them every day while they were at our house in the possession of the soldiers. I saw the corn, the fodder, the bacon, flour, meal and molasses all taken, and I also saw them take 5 jars of lard.

73 – This property was all taken in the day time and was all taken publicly so that we could all see and know that it was taken.

74 – If my husband, the claimant, made any complaint to the soldiers about the taking of this property I did not hear him or know of it, and I did not make any complaint to any of the soldiers about the taking of this property.

75 – If my husband, the claimant, asked the soldiers to give him a receipt for this property, I did not hear it, and if they give him any showing for this property, I did not see or know of it. I do not know why my husband, the claimant, failed to ask them for a receipt and why he failed to obtain a showing for his property.

76 – If the soldiers paid or offered to pay my husband for this property or for any part of it or for any other property taken from him at the same time that this was taken or for any other property taken from him at any time during the war I did not see or know anything about it and I am sure that I would have known something about it if they had have paid or offered to pay him for this property or for any other property. I know nothing of anything further contained in this question.

77 – This property was all taken by troops encamped on the premises and about one and a half miles from our house. The main body of the army was encamped about one and a half miles from our house and a small portion was camped at our house. I think that there was about two companies camped at our house. They stayed at our place and at their main camps from the last of February till the 4th of March 1865. There had not been any recent battle or skirmish near there.

78 – I saw the mare, horse and two mules in the possession of the soldiers that was camped at our house and I saw the soldiers take the corn, fodder, bacon, flour, corn, meal and molasses.

79 – The mare, horse and mules was in good condition. They were all in good working order and they were in the pasture in the field near our house. The mare was about 8 years old, was a full medium size and was a gray in color. The horse was 8 years old, was a light Claybank in color and was a large size to his age. The bay mule was about 5 years old and was full medium size. The black mule was 6 or 7 years old and was a full medium size mule. The mare, horse and mule was all well broke and worked well to the plow and wagon and rode kind and gentle under the saddle. They were all good farm stock. The corn was good, sound corn, was shucked and in the corn crib. The fodder was good, sound fodder, was clean and bright and housed in the barn loft. The bacon was good, sound bacon, was well smoked and dried and the shoulders and sides was in the smoke house and the hams was in the upper story of the dwelling house. The flour was good, fresh flour and was in sacks in the cook house. The meal was good, fresh meal and was in sacks in the cook house. The molasses was good, homemade molasses and was in two half barrels and in the smoke house. This was all good, sound property.

I know that the soldiers took one mare, one horse and two mules. I did not see the corn measured and all that I know about the quantity that was taken is that my husband had a large corn crib and it was a great deal over half full of shucked corn when the army came to our house and I know that the soldiers took it all. All that I know about the quantity of fodder is that my husband had a large lot of fodder in the barn loft when the army came to our house and I know that the soldiers took all the fodder. I did not see the bacon weighed and all that I know about the quantity that was taken is that my husband had killed the winter before eleven large, fat, pork hogs and this bacon was made out of the pork, and I know that we had not sold any of the pork or bacon and we had not used but very little of the bacon. We had used the bones, heads, feet and jaws and about half of the shoulders. We had not used any of the sides or hams and the soldiers took all the bacon that we had; left us without any. I did not see the flour weighed and all that I know about the quantity that was taken is that it was in three large sacks that we kept to put flour in and the sacks was full and the soldiers took it all. I did not see the meal measured and all that I know about the quantity is that it was in two large sacks and one sack was full and the other one was over half full and they took it all. I did not see the molasses measured and all that I know about the quantity that was taken is that the molasses was in two half barrels and one of the half barrels was full and the other I think was about half full and the soldiers took all of the molasses. I know nothing about the value of any of this property.

This property was all taken on the 28th day of February 1865 and from the 28th of February up to the 4th of March 1865. It was all taken by soldiers said to belong to General Kilpatrick’s command of General Sherman’s army. I did not know the names of any of the officers or soldiers except one Captain who was camped at our house. His name was Captain Cook. The soldiers went to the pasture and caught the mare, horse, and two mules and brought them to the house and kept them there till they left and carried them off with them when they left our place. The soldiers went to the corn crib and went in at the door and took out a part of the corn and put it in sacks and carried it off on their horses. They then prized up the corn crib and took out two logs and took out the corn and put a part in wagons and carried it off in the wagons to where the main army was camped and the soldiers continued to come and take out the corn out of the crib and put it in sacks and carry it off on their horses. The soldiers that was camped at our house took the corn out of the corn crib and carried it in their arms to where they were camped and fed it to their stock. The soldiers went into the barn and threw the fodder out of the loft on the ground and tied some in bunches with ropes and carried it off on their horses and the soldiers that was camped at our house carried the fodder to their stock in their hands and fed it to them on the spot. The soldiers went into the smoke house and in the upper story of our dwelling house and took the bacon and put some of it in sacks and tied some of it to their saddles and carried it off on horseback and the soldiers that was camped at our house carried the bacon to their camps in their hands and cooked and eat it on the spot. The soldiers went into the cook house and took the flour and meal out in the sacks that it was in and carried a part off on their horses and carried a part to their camps on our place and cooked and eat it on the spot. The soldiers went into the smoke house and broke in the heads of the molasses barrels and took the molasses and put a part in their canteens and carried off on their horses and the soldiers that was camped at our house dipped the molasses out of the barrels and put it in buckets and tin pans and carried it to their camps and eat the molasses on the spot.

I cannot state how many soldiers and animals were engaged in the taking and removing of this property but there was a large number of them. There was 2 companies of them camped at our house. The soldiers were engaged in the taking and removing of this property from the 28th of February 1865 till the 4th of March 1865. They were taking it along as they wanted to use it. The soldiers that was camped at our house used the corn, fodder, bacon, flour, lard, meal and molasses that they took on the spot and when they left they carried the mare, horse and mules off with them and the soldiers that was camped about one mile and a half from our house carried the property that they took off in the direction of where they were camped. Captain Cook was the only officer present that I know to be an officer. I heard him say that he was a Captain. I do not remember what the soldiers said about the taking of this property. All that I now recollect about what they said is that I heard some of the soldiers say that they had orders to take this property. I cannot give the names of any of them but that of Captain Cook. I know nothing about what it takes to support and supply an army and I do not know under what circumstances an army would be authorized to take property for its use and support and I do not know what it would take to constitute proper orders. I do not know what officer or officers would be authorized to give the necessary and proper orders to justify the soldiers in taking and using private property.

80 – Omitted.

I have no interest in this claim separate and apart from that of my husband, the claimant. Further this deponent saith not. [signed x her mark] Jane Small; Attest: [signed] Sam Thompson

I hereby certify that the foregoing pages contains all the testimony taken by men in this claim, and being unacquainted with the claimant and his witnesses I made inquiry of good and trustworthy citizen neighbors of the claimant and his witnesses and I was informed by such neighbors that the claimant and his witnesses are all good citizens and highly respected in their respective neighborhoods and the claimant also exhibited to me a certificate of recommendation from his former friends and neighbors of Lancaster County, South Carolina showing that this claimant and his family were good citizens and highly respected in their neighborhood while in Lancaster County, South Carolina and recommending the claimant and his family to the confidence of all good citizens among whom they might reside and live, said certificate of recommendation was duly authenticated under the seal of one or more of the county officers of Lancaster County, South Carolina. I am satisfied from the information obtained from the claimant’s neighbors and from the recommendation exhibited to me that the claimant and his witnesses are all credible persons and that their testimony is entitled to full faith and credit. The wife of the claimant, Mrs. Jane Small, is a lady of intelligence and she informed me that she had always written her name up to some four or five years ago and that from age she has become so nervous that she cannot write her name. [signed] Sam Thompson, Special Commissioner

Remarks: During the war Mr. Small resided in the District of Lancaster, South Carolina and was engaged in farming. He appears to have been an earnest opponent of secession—was active in getting up a Union ticket for delegates to the Secession convention which he supported by his vote. After the secession of the state has fail to discern any indication of his adherence to the Union cause. His witnesses say he was a “Union man” and had that reputation. What they call a Union man is far from being an adherent of the Union cause during the war. In many localities the man who in the beginning declined to favor secession is then and forever thereafter called a “Union man.” The two and only witnesses to loyalty are the claimant’s son and a son-in-law. The son (John D. Small) entered the Confederate army as a volunteer in August 1861 and served till May 1864—a period of two years and nine months, yet he swears “I was in favor of the Union and if I had been old enough to have voted I would have voted against secession. I was always with my father in politics. I always believed what he said and done was right.” It will be perceived that if this young man and his father agreed in their views, the father could not have been an adherent of the Union cause after the state seceded. The son and son-in-law say in substance that the claimant left his South Carolina home and went to Alabama to live because he was treated coldly and ostracized on account of his Union sentiments. The claimant says nothing of this, and from the certificate of good character certified by the clerk of the court, which was shown to the special commissioner as stated in his remarks at the end of the depositions, it appears that Mr. Small and his family were regarded by his neighbors in Lancaster County, South Carolina as “good citizens” and highly respected in their neighborhood. This, in connection with the fact that the claimant was never threatened, molested, or injured on account of his Unionism, seems to indicate most unmistakably that he ceased his opposition to secession and the Confederacy when South Carolina seceded and went with his state. He does not say whether or not he believed in the doctrine of States Rights as advocated by the secessionists. The claim is disallowed. [signed] A.O. Aldis, O. Ferriss, J.B. Howell, Commissioners of Claims

Note: Stephen T. Small was born 12 Apr 1807 and died 15 Jun 1892. Jane Small was born 13 Aug 1807 and died 9 Sep 1893. They were buried in the Hopewell Baptist Church Cemetery near Hanceville in Cullman County. George W. Vest, one of the witnesses, was a member of the First Alabama Cavalry and was also buried at Hopewell.

The Cullman Alabama Tribune, 7 Jul 1892

Obituary. Departed this life on the 15th day of June, 1892, at his residence in this county, S.T. Small, who died of heart dropsy. He was born in Lancaster County, S.C., April 12, 1807, and lived there until 1867, when he moved to Ala., and with the exception of two years, has lived in what is now Cullman Co. He was one of our oldest and most respected citizens, and had lived a consistent member of the Baptist church for 52 years, and when the Master called, he said he was ready to go. During his life he was one of those peaceable citizens, which we seldom meet with; having never in his life had a fight with anyone, and never had a law suit with anyone during his life. He leaves behind a wife and 3 children to mourn his loss. He was in his 86th year when he died. His wife is only his junior by 4 months. In his death, Cullman county has lost one of her most respected citizens, and the church one of its most zealous members.

The Cullman Alabama Tribune, 28 Sep 1893

Obituary. Departed this life at her daughter’s home in Cullman County, on the 9th day of Sept. 1893, Mrs. Jane Small, wife of the late S.T. Small. She was in her 87th year, was born in South Carolina the 13th day of Aug. 1807. She and her family moved to Alabama in 1867, and has since that time been a resident of our county. She joined the Baptist church about the year 1837, and lived a devoted member of that church about 60 years. She died in the full triumph of a living faith, and we have no doubt that today she is enjoying the sweets of that blissful house in the presence of her Savior. She was beloved by all who knew her, and in her death the country has lost a good citizen, the church a faithful member and her family and acquaintances a devoted mother and friend. How sweetly death comes to those who are prepared to die. She leaves two sons and one daughter to mourn her loss, but what is their sad loss is her eternal gain. She was buried at Hopewell cemetery on the 11th of Sept. May her ashes rest in peace until the resurrection morn when they shall be raised to meet the Lord in the sky.S

Why should we mourn departing friends,

Or shake at death’s alarms,

‘Tis but the voice that Jesus sends
To call us to his arms.


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