Joshua Blackwell's Claim

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

The petition of Joshua Blackwell of Larissa, Winston County, Alabama respectfully represents:

That he is a citizen of the United States, and reside at present at or near Larissa, Winston County, Alabama and that he resided when this claim accrued at or near Jasper in the County of Walker and State of 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) Jasper, in the County of Walker, 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) or 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:

One bay horse (six years old) ($150); fifty bushels of corn ($75); 25 pounds of flour ($1.25); 200 pounds of bacon ($50); 900 pounds of fodder ($18); total: ($294.25).

That the property in question was taken or furnished for the use of a portion of the army of the United States, known as Wilson’s Cavalry and commanded by Major General J.H. Wilson.

That the property was removed to camps on the march and used for or by said cavalry, all this on or about the twenty-seventh day of March in the year 1865.

That no voucher, receipt, or other writing, was given for the property.

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 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, or 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.

That said claim has not before been presented to any branch of the Government.

That Thomas C. Fullerton, of Washington, D.C., are 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] Joshua Blackwell

Witnesses: [signed] Perry D. Hyde and W.H. Hyde

State of Alabama, County of Winston: Joshua Blackwell, 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] Joshua Blackwell

Witnesses: [signed] Perry D. Hyde and W.H. Hyde

Sworn and subscribed in my presence, the 13^th day of February 1873 [signed] William Dodd, Jr., N.P. ex off.

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

William Y. Norris, Larissa, Winston County, Alabama

W.W. Wilson, Jasper, Walker County, Alabama

J.B. Boshell, Jasper, Walker County, Alabama

William L. Davis, Holly Grove, Walker County, Alabama

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

Preston P. Blackwell, Jasper, Alabama

Malinda C. Blackwell, Larissa, Alabama

Irena J. Blackwell, Larissa, Alabama

Post office address of claimant: Larissa, Winston County, Alabama

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

Congressional Case No. 8866. U.S. Court of Claims, 1892-3 Term. Joshua Blackwell, Walker County, Alabama vs. The United States. Motion for call on the Clerk, House of Representatives. J.C. DePutron, Attorney, 471 Louisiana Avenue, Washington, D.C.

Clerk’s Office, House of Representatives, Dec, 8, 1892. Respectfully returned to the Court of Claims, with information that the papers in the above cause were transmitted to the Court April 21, 1892. [signed] James Kerr, Clerk, House of Representatives.

In the United States Court of Claims 1892 – 1893 Term, Joshua Blackwell vs. The United States, No. 8866. Motion. For a call on the House of Representatives: And, now, comes the claimant, by J.C. DePutron, his attorney, and moves this Honorable Court a call on the House of Representatives for the following Original papers, or duly certified copies thereof, necessary in this cause.

The original claim filed in the office of the Commissioners of Southern Claims, and numbered 20120 and all papers and proofs relating to the said claim reported to Congress. Barred April 21, 1892. [signed] J.C. DePutron, Attorney for the Claimant.

Committee on War Claims, House of Representatives, Washington, D.C., March 28^th, 1892. Sir: I have the honor to transmit herewith the claim of Joshua Blackwell which I am directed by the Committee on War Claims to transmit to the Court of Claims for an investigation and determination of facts under the provisions of an Act entitled "An Act to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the Government," approved March 3^rd, 1883. I am, sir, very respectfully, E.M. Biddle, Jr. Clerk to the Committee. Hon. William A. Richardson, Chief Justice United States Court of Claims.

Treasury Department, Office of the third Auditor, Washington, D.C., May 28, 1892. Sir: In answer to your endorsement of April 9, 1892, on request of Court of Claims in case of Joshua Blackwell, No. 8866, Cong., you are informed that an examination of the Records of this office and of the accounts of officers of the Quartermaster’s Department, who are known to have made payment for stores and supplies purchased in the locality named as residence of claimant, fails to show any payment to Joshua Blackwell, for stores and supplies, or any purchase for him, or claim made by him.

As the claimant gives no information as to kind to quantity of stores, date or place of purchase or taking, or name of officer or command, it is impracticable to make a satisfactory examination of the accounts of purchasing or disbursing officers who might have paid for stores if purchased or taken. Respectfully, W.H. Hart, Auditor. Honorable Secretary of the Treasury.

Third Auditor. Returns request of Court of Claims in case of Joshua Blackwell, No. 8866, Cong. Filed October 10, 1892, Court of Claims.

In the United States Court of Claims. Joshua Blackwell vs. The United States, No. 8866, Cong. Motion. For a call on the Hon. Secretary of War. And, now, comes the claimant, by J.C. DePutron, his Attorney, who moves this Honorable Court for a Call on the Hon. Secretary of War for any information from the Confederate Archives touching the loyalty or disloyalty of Joshua Blackwell late of Walker County, Alabama who claims, (or whose heirs, or representatives, claim) compensation for supplies taken from him (in that county) during the late War of the Rebellion by the Army of the United States amounting to sum of $294. If signature of claimant does not appear so state and the reason why. [signed] J.C. DePutron, Attorney for the Claimant.

Congressional Case, No. 8866, Cong. U.S. Court of Claims, Joshua Blackwell, Walker County, Alabama vs. The United States. Motion for call on the Hon. Secretary of War. Filed April 15, 1892, Court of Claims. J.C. DePutron, Attorney, 472 Louisiana Avenue, Washington, D.C.

War Department, Adjutant General’s Office. April 15^th, 1892. Respectfully returned to the Court of Claims, by authority of the Secretary of War, inviting attention to the following report viz: There are on file in this office, two vouchers signed J. Blackwell at Paris, Texas. No further information found. [signed] William J. Volkner, Assistant Adjutant General.

Power of Attorney. Know all men by these presents, that I, Joshua Blackwell of Nauvoo in the County of Walker and State of Alabama have made, constituted, and appointed, and by these presents do make, constitute, and appoint J.C. DePutron 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 whatever in the premises, to prosecute before any Department, or the Courts, or Committees of Congress of the United States until final completion, for me, my Claim for property taken by the United States forces during the late war of the rebellion. Claim No. 20120 amounting to two hundred and ninety-four dollars ($294) more or less, 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 receive any draft or warrant that may be issued in settlement of said claim and to do and perform all and every act and thing 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, 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.

My Post Office address is Nauvoo, Walker County, Alabama.

In testimony whereof, I have hereunto set my hand and seal this 23^rd day of September eighteen hundred and ninety-one.

[signed] Joshua Blackwell

Witnesses: [signed] Edmond R. Little and David R. Little

In the United States Court of Claims. Joshua Blackwell vs. The United States. No. 8866, Cong. Motion. For a call on the Treasury Department.

And, now, comes the claimant, by J.C. DePutron, his attorney, and moves this Honorable court for a Call on the Treasury Department, for any information touching the loyalty of disloyalty of Joshua Blackwell, late of County of Walker, State of Alabama and whether he was paid for any stores and supplies taken from him during the late War of the Rebellion by the armed forces of the United States. It is particularly desired that the records of the Miscellaneous Division be examined. [signed] J.C. DePutron, Attorney for the Claimant.

To the Honorable, the Senate and House of Representatives, of the United States of America, in Congress assembled.

The petition of Joshua Blackwell, of Nauvoo, Walker County, Alabama, respectfully shows:

That the said Joshua Blackwell has formerly filed a claim against the United States No. 20120 amounting to two hundred and ninety-four dollars ($294), for property taken by he United States forces during the late war of the rebellion, which claim has been disallowed by the Commissioners of Southern Claims.

Your petitioner states that he was loyal to the Government of the United States during said war, and did not aid or abet the enemies thereof.

He now respectfully asks that the said claim be reopened and referred to the United States Court of Claims for further consideration and adjudication, and as in honor bound he will ever pray, etc.

Joshua Blackwell, by J.C. DePutron, his attorney.

Notes: The 1850 Walker County Federal Census recorded Joshua Blackwell was born in Georgia about 1832 son of James and Elizabeth Blackwell.

Joshua Blackwell married Malinda Esther Ferguson about 1853 (Ancestry).

The 1867 Walker County Voter Registration List recorded Joshua Blackwell was born 18 Apr 1832 in Carroll County, Georgia.

The 1870 Walker County Federal Census (Township 14) recorded Joshu Blackwell was born in Alabama about 1832; Ester was born in Alabama about 1831.

The 1880 Walker County Federal Census (Township 12, Range 9 West) recorded Joshua Blackwell was a widower born in Georgia about 1832.

Mallinda Esther Ferguson Blackwell was born 1 Sep 1830 and died 20 Dec 1879; Joshua Blackwell was born 18 Apr 1832 and died 11 Oct 1899 (Ancestry).

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