Thomas W. Maxwell's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Thomas W. Maxwell (18697) Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

1 large bay mare, 8 years old

$175

   

Totals

$175

   

 

To the Honorable Commissioners of Claims, Under the Act of Congress of March 3rd, 1871, Washington, D.C.: The petition of Thomas W. Maxwell respectfully represents:

That he is a citizen of the United States and resides at present at or near Jones Chapel, Winston County, Alabama and that he resided when this claim accrued at or near Houston, Winston County, Alabama.

That he has a claim against the United States for property taken for the use of the army of the United States during the late rebellion at (or near) Houston P.O., in the County of Winston, and State of Alabama

That the said claim, stated by items, and excluding any and all items of damage, destruction, and loss, (and not use), of property; of unauthorized or unnecessary depredations by troops and other persons upon property, or of rent or compensation for the use or occupation of buildings, grounds, or other real estate, is as follows:

1 large bay mare, 8 years old ($175)

That the property in question was taken or furnished for the use of a portion of the army of the United States, known as Col. Spencer’s Cavalry and commanded by Lieutenant George Emrick and that the persons who took or received the property, or who authorized or directed it to be taken or furnished, were the following: Lt. George Emrick, Company A, 1st Alabama Cavalry.

That the property was removed to Decatur for cavalry service and used for or by said cavalry under [words illegible] all this on or about the 4th day of July, in the year 1864.

That no voucher, receipt, or other writing were given for the property thus taken.

That your petitioner verily believes that the property described was taken under the following circumstances, or one or more of such circumstances, viz:

  1. For the actual use of the army, and not for the mere gratification of individual officers or soldiers already provided by the Government with such articles as were necessary or proper for them to have.
  2. In consequence of the failure of the troops of the United States to receive from the Government in the customary manner, or to have in their possession at the time, the articles and supplies necessary for them, or which they were entitled to receive and have.
  3. In consequence of some necessity for the articles taken, or similar articles; which necessity justified the officers or soldiers taking them.
  4. For some purpose so necessary, useful, beneficial or justifiable as to warrant or require the Government to pay for it.
  5. Under the order or authority of some officer, or other person connected with the army, whose rank, situation, duties, or other circumstances at the time authorized, empowered, or justified him in taking or receiving it, or ordering it to be taken or received.

That he was loyal at the time of the taking of said property and the original owner of said claim, and that no other person have any interest in a share of said property, the present owner of the same.

That your petitioner remained loyally 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, and he solemnly declares 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 were 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.

That said claim has not been presented to any branch of the government or department thereof.

That Thomas C. Fullerton, of Washington, D.C., is hereby authorized and empowered to act as Attorney 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] Thomas W. Maxwell, Witnesses: Jonathan Dover and John W. Steele

State of Alabama, County of Winston; Thomas W. Maxwell, 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 the 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] Thomas W. Maxwell, Witnesses: [signed] Jonathan Dover and John W. Steele

Sworn and subscribed in my presence, the 2nd day of January, 1873, [signed] A.B. Hays, J.P.

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

John Hill, of Houston, Winston County, Alabama

Sally Williams, of Houston, Winston County, Alabama

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

Sally Williams, of Houston, Winston County, Alabama

Post office address of claimant: Jones Chapel, Winston County, Alabama

Post office address of attorney: Washington, D.C.

 

Note: No other information was found in the file. Ancestry reported Thomas William Maxwell was born 23 Nov 1837 and died 5 Jan 1922 in Jackson Parish, Louisiana. He was buried beneath a CSA monument in the Old Bethel Cemetery at Jonesboro, Louisiana. He was in Winston County in the 1870 census and in Cullman County in the 1880 census, probably both times near the Jones Chapel area.


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