Nathan Montgomery's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Nathan Montgomery (21698) Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

1000 pounds bacon

$250

$160

$90

200 pounds tobacco

$100

 

$100

Totals

$350

$160

$190

 

Remarks: The claimant moved from Winston to Walker County, Alabama where he remained running a grist mill throughout the war. He opposed secession—voted for the Union candidates to the convention—aided the families of Union men. He escaped service in the Confederate army by being over conscript age. Two of his sons were conscripted. One died and the other deserted within the Federal lines. One son was arrested, put in jail, and sentenced to be shot. A company of Union men rescued him and burned the jail. The claimant was reputed to be a Union man known and recognized as such, and was threatened on account of his Union sentiments. From all the proof we think the claimant remained loyal to the Union cause. General Wilson’s army, while on a raid in March 1865, took the claimant’s bacon and tobacco. The latter was not an army supply. No voucher or receipt was given. The bacon is estimated and we think over-estimated. It was not worth the prices charged. We recommend the payment of $160. [signed] A.O. Aldis, Orange Ferriss, and J.B. Howell, Commissioners of Claims.

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

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

1000 pounds bacon ($250); 200 pounds tobacco ($100); total: $350

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 raid through Alabama and commanded by General Wilson and that the persons who took or received the property, or who authorized or directed it to be taken or furnished, were the following: General Wilson.

That the property was removed unknown to claimant and used for or by General Wilson’s troops all this on or about the 25th day of March, in the year 1865.

That no voucher, receipt or other writing was given for the property so 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 Nathan Montgomery of Houston, Winston County, Alabama, that he was the original owner of said claim, and that he is 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 officer, agent, or branch of the government for payment.

That B.D. Hyam, 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] Nathan Montgomery, Witnesses: James A. Law and William L. Stanley

State of Alabama, County of Walker; Nathan Montgomery, 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] Nathan Montgomery, Witnesses: James A. Law and William L. Stanley

Sworn and subscribed in my presence, the 21st day of February, 1873, [signed] John Brown, Judge of Probate

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

Richard Ellis, of Clear Creek Falls, Winston County, Alabama

Thomas Boteler, of Clear Creek Falls, Winston County, Alabama

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

Mrs. N. Montgomery, of Houston, Winston County, Alabama

Isaac McCrory, Jasper, Walker County, Alabama

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

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

Before the Commissioners of Claims, Under Act of Congress of March 3, 1871.

In the matter of the Claim of Nathan Montgomery of Houston, in the County of Winston and State of Alabama.

Comes now the Claimant before G.W. McDade, 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 one 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:

1000 pounds bacon ($250); 200 pounds tobacco ($100); total: $350

That, as stated in the Petitioner referred to, the property in question was taken from or furnished by Nathan Montgomery, of Houston, in the State of Alabama, for the use of a portion of the army of the United States, known was General Wilson’s troops and commanded by General Wilson, and that the persons who took or received the property, or who authorized or directed it to be taken or furnished were the following: General Wilson.

That the property was removed to their camp on their march near claimant’s, and used for or by said troops; all this on or about the 27th day of March 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:

Claimant, of Houston, Alabama

W.H. Hyde, of Houston, Alabama

G.W. Baird, of Houston, Alabama

Richard Ellis, of Clear Creek Falls, Alabama

Thomas Boteler, of Clear Creek Falls, Alabama

Job Richardson, of Jasper, Alabama

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:

Claimant, of Houston, Alabama

Mrs. R.J. Montgomery, of Houston, Alabama

L.H. Montgomery, of Houston, Alabama

Isaac McCrory, of Jasper, Alabama

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at such place an at such time as the Special Commissioner may designate, at the reasonable cost of the said Claimant; and that due notice of the time and place of the taking thereof be given to the Claimant, or to his counsel.

Submitted on this 1st of March, 1876 [signed] Nathan Montgomery, Claimant; [signed] B.D. Hyam, Attorney.

Before the Commissioners of Claims, Washington, D.C.: Claim of Nathan Montgomery of the County of Winston and State of Alabama, numbered 21698.

It is hereby certified that on the 12th day of April 1876, at Houston in the County of Winston and State of Alabama came personally before me, for the purpose of a hearing in the above-entitled cause, the following persons, namely:

Nathan Montgomery, Claimant

F.A. Gamble, Counsel

W.H. Hyde, Witness

George W. Baird, Witness

R.J. Montgomery, 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 12th day of April 1876 [signed] George W. McDade, Special Commissioner.

1 – My name is Nathan Montgomery, my residence Winston County, Alabama and my occupation a farmer.

2 – That he is the claimant and of course is interested in the success of the claim.

72 – That he was present and saw the property named in his petition taken. Claimant states that he saw bacon and tobacco taken.

73 – That the property was all taken in the day time and none taken secretly

74 – That he complained to them after the property was taken and they said I would get pay for the property in future, but can’t say whether there were any officers along or not as I did not know how to distinguish officers from privates.

75 – That there were no vouchers or receipts given nor none asked for.

76 – That there has never been any payment made for this claim nor no part of it.

77 – That the army of General Wilson was on a raid but that they were encamped at and near Jasper for some three days before all of them left.

78 – That he saw each of the items called off in his petition, bacon and tobacco, taken.

79 – 1) That the bacon was in the smoke house some twenty feet from the dwelling house. 3) My means of knowing the quantity taken is as follows: I killed 8 head of hogs and weighed the heaviest one and the lightest. The largest weighed 300 pounds and the smallest weighed 146 pounds. None of the bacon had been used but the offals, except two of the shoulders. I had killed some smaller hogs at an earlier date that had just been used up and made a beginning on this lot using only the bones and two shoulders and it was all taken but a piece of a side. 4) The bacon was of as good quality as any in the country. 5) That the bacon was worth 20 cents per pound in good money. 6) That the property or bacon was taken the 27th day of March 1865. 7) That the troops belonged to General Wilson’s army corps but can’t give any of their names as I did not ask them. 8) That the bacon was cut down in the smoke house by the troops and was carried off on horseback in various ways. 9) There must have been some five or six hundred of them. I can’t say how many men were engaged in taking the bacon but they soon taken all I had and some of them would still go to the smoke house and look for more. 10) Can’t give the names of any officers. 11) The troops said they were forced to take provisions and forage from the country as that were their only means for subsistence and that is all the reason I can give for believing that the property was taken for the use of the army.

80 – 1) The tobacco was in the leaf. 2) [It] was in the dwelling house. 3) My means of knowing the quantity taken is as follows: I had placed the tobacco in a box that I had measured which held 15 bushels and I had it full pressed in hard. 4) The tobacco was of as good quality as any homemade tobacco in the State of Alabama. 5) The tobacco was worth 50 cents per pound in good money. 8) The tobacco was taken out of the box and some of the troops would wrap up the tobacco in blankets, some tied to their saddle &c. 11) The troops said they wanted the tobacco to smoke their horses to keep off disease and I saw some of them burning tobacco under their horses noses afterwards. That is my only means of knowing or believing that the property was taken for the actual use of the army. [signed] Nathan Montgomery [signed] George W. McDade, Special Commissioner

1 – That her name is Rebecca Jane Montgomery, age 34 years; residence: Winston County, Alabama; occupation: housekeeper.

2 – That she is the wife of the claimant.

72 – That she was present and saw the bacon and tobacco specified in claimant’s petition taken.

73 – That the property was all taken in the daytime, none taken secretly.

74 – That she never heard her husband make any complaint about the taking of the property, nor never made any herself.

75 – That there was no voucher or receipt given nor none asked for as she has any knowledge.

76 – That the property charged in this claim nor no part of it has ever been paid as she has any knowledge.

77 – That the troops were encamped some four or five miles from her husband’s residence at the time the property was taken, remained there some two or three days or at least some of them did. There had been no battle nor skirmish near there at the time the property was taken.

78 – That she saw the bacon and tobacco taken.

79 – 1) That the bacon was in good and well cured condition. 2) Was in the smoke house. 3) That my husband had slaughtered eight very large hogs, don’t know how much they would have weighed, but the troops taken 16 sides, 16 hams, 14 shoulders and 8 [yoles?] all large, good bacon, but can’t say how much it would have weighed. 4) The bacon was of as good quality as this country could afford. 5) The bacon was worth at that time at least 20 cents per pound. 6) The bacon was taken about the 27th day of March 1865. 7) The troops were known as General Wilson’s army corps but can’t give the names of any of the officers or troops that were present at the time the property was taken. 8) The bacon was hanging up in the smoke house. The troops went in, cut it down, and carried it off on horseback. 9) There were at least five hundred troops and animals on the premises but no wagons. The troops were on the premises about two hours and were a good deal of the time packing out the bacon and confining it to their horses and I suppose they taken the bacon to their camps some four or five miles from claimant’s residence. 10) Can’t say anything about what kind of officers were along but some were dressed gayer than others, but don’t know there to be officers. 11) The troops told me when they were taking the bacon that if was general orders for them to take such property and that they had to eat as well as I did. I begged them to not take all we had and they said they were forced to take it so I said no more to them about the taking but supposed by that, that it was for actual army use and was so used by them.

80 – 1) That the tobacco was in the leaf. 2) Was in the house in a large box. 3) My means of knowing the quantity is as follows: The box had been measured and held fifteen bushels and the tobacco was packed in hard and close, but can’t say how many pounds there were of it. 4) The tobacco was as good as any homemade tobacco in this country. 5) That the tobacco at that time was worth 50 cents per pound in any kind of money. 8) The tobacco was taken out of the box by the troops. Some rolled up in blankets, some tied to their saddles and some under their arms, &c. 11) That the troops said they wanted the tobacco to burn under the noses of their horses to prevent them from taking some disease that they said was very fatal amongst their horses is the only means I have of knowing that the tobacco was taken for the use of the army. [signed x her mark] R.J. Montgomery. [signed] George W. McDade, Special Commissioner

1 – My name is Leonidus H. Montgomery, age 20 years; residence: Winston County, Alabama and am a farmer.

2 – That he is a son of the claimant.

72 – That he was present when the property was taken. Witness answers that he saw bacon and tobacco taken.

73 – That the property was taken in the daytime. The witness further states that there were a number of men there dressed in blue and called themselves Yankees and that they taken the bacon and tobacco but says he was small at that time and don’t’ know what was said about the taking, but says he saw the men cut down the bacon and move it off on their horses. Also states he saw them take and move the tobacco but don’t know for what purpose. Witness further states that he don’t remember what bacon and tobacco was worth at that time, he being but 9 years of age. He was too young to take notice of such things. [signed x his mark] L.H. Montgomery [signed] George W. McDade, Special Commissioner

1 – My name is Nathan Montgomery, my age 63 years. My residence Winston County, Alabama and has been such for 39 years. My occupation, a farmer.

2 – That he is the claimant.

3 – That he was born in the State of West Virginia.

4 – That six months prior to the outbreak of the rebellion he resided in Winston County, Alabama. In the month of July 1861 claimant says he moved in to the County of Walker and State of Alabama to take charge of a grist mill for two or three months and times becoming very squally and finding the cavalry had taken my stock from my farm in Winston County so I could not farm, I remained at the mill until the war closed.

5 – That his sympathies were on the side of the Union from the beginning to the end of the war.

6 – That he never done or said anything against the Union cause during the war.

7 – That he was ready and willing at anytime during the war to do all he could to aid the Union cause and its supporters.

8 – That from the year 1862 until the surrender that he ground corn at the mill he had in charge at that time for the wives and families of Union soldiers who were in the Union army toll free and aided and assisted them all he could on the sly but he dared [not] to do anything for them publicly. The names of the persons families aided were William Lowery, William Good, Simeon Tidwell, John Morrow, William Maize, all of whom were in the Union army or at least they were behind the Federal lines. None of the persons above mentioned were relations.

9 – That he had two sons that went across the lines in the spring of 1863 and remained behind the lines until the surrender but he don’t think they joined the army.

10 – That he was not in any service of any kind for the Union during the war.

11 – That he in the fall of 1863 told a squad of Union men who were at that time assembling together to go north to join the Union army that he, the claimant, had a good deal of stock (hogs) near where they had collected and for them to just kill and help themselves for it they did not get them that the Rebel cavalry would and that he would much rather they would get it as for the Rebels to get it. The leader of the squad above mentioned name was Clabe Ballenger.

12 – That he taken the side of the Union cause during the war and that he voted for C.C. Sheets, the Union candidate, to the Secession Convention and would have voted against the Ordinance of Secession had it been submitted to the people of the State.

13 – That he adhered to the Union cause after the State seceded.

14 – That he publicly stated that it was a great misfortune to the South that it if the whole southern army had been captured in that battle it would have saved the lives of thousands and have shortened the war to a great extent. I rejoiced at every Rebel defeat and was proud to know at the final surrender that the Stars and Stripes gained by our forefathers still waived over a great and free nation.

15 – That he had not opportunities to have any privilege granted him during the war for his Union sentiments.

16 – That there has never been any “Iron Clad Oath” required of him.

17 – That the best known Union men in his vicinity were W.H. Hyde, W.R. Cole, William Farley, G.W. Baird, Freeman Drummond, Arch Black, [Jobo?] Richardson, [Yrases? Cau__?] and many others could be given if necessary and some of them are called to testify to my loyalty.

18 – That he was threatened with damage to person and property on account of his Union sentiments. Claimant says that during the years 1863, 64, part of ’65 the Rebel cavalry would come to his mill and forced him to grist for them before their regular time and also would order his wife to go to cooking for them at will and pleasure and prowl his premises and take what they wanted and that he dared [not] to open his mouth to them. Claimant further states that his son was taken up and put in jail at Jasper by Captain Goodwin who had sentenced my son to be taken out of jail and shot. I, hearing of this, left the mill, went up to my farm in Winston County and was gone some three days during which time a squad of Union men left Winston County, went to Jasper, taken my son out of jail, stampeded the post, burned up the jail and court house and left the place with my son with them in triumph. I was accused by the Rebels of organizing this think and they (the Rebels) then said they would then kill me but old Judge Camak sent me word that he heard the Rebels say they believed I was the cause of it and they, the Rebels, said they would kill me on first sight and for me to get away as soon as possible which I done. Went on a tour hunting for Bill Looney, the noted pilot to the Union army, for assistance to move my family north but failed to find him on the trip. The Yankees came soon and then I was safe.

19 – That he never was arrested but was threatened to be.

20 – That the Rebels taken his cattle and hogs all through the war by different companies and has never received any pay therefor.

21 – That he had no property confiscated more than is above stated.

22 – That he never aided nor gave aid or comfort to the rebellion unless forces to do so.

23 – That he done nothing against the Union cause more than he was forced to grist for the Rebel cavalry at his mills.

24 – That he was never in any Confederate service during the war.

25 – That he never was in any service of any kind for the Confederacy.

26 – That he never taken any oath to the so-called Confederate States during the war.

27 – That he never had charge of any stores or supplies for the Confederate States during the rebellion.

28 – That he never was engaged in blockade running or running through the lines.

29 –That he was not interested in any vessel during the war nor at no other time.

30 – That he never subscribed to any Confederate loans or anything of the kind during the rebellion.

31 – That he did not contribute anything of the kind in no shape, form, nor fashion during the war.

32 – That he never gave any information to any Rebel authority against the United States during the war.

33 – That he never was.

34 – That he never did take any oath to the so-called Confederate States.

35 – That he never received any pass.

36 – That he had two sons in the Confederate army: James and William Montgomery. James was 22 years of age when he entered the service and remained in the Rebel service as a volunteer for some time. I begged him to go north at the time—gave him nothing for an outfit. He deserted, came home and went north into the State of Tennessee but did not join the Federal army, and is in Tennessee yet. His post office is Eaton, Gibson County. William was conscripted and taken off and died.

37 – That he never was under and disabilities.

38 – That he never done anything to ask the President to pardon him for.

39 – That he taken the amnesty oath in the year 1865 in Walker County by the proclamation of President Johnson.

40 – That he never was a prisoner during the war.

41 – That he never was arrested.

42 – That no assessments were imposed upon him for any sympathy he had for the rebellion.

43 – That he [had] no property taken or sold by the United States relating to confiscation.

44 – That after he voted for C.C. Sheets in the year 1861 he never voted any more during the war.

45 – That he never belonged to any committee or anything of the kind during the war.

46 – That he never [was] in any army during the war.

47 – That he never was connected with anything of the kind during the war.

48 – That he never had charge of anything of the kind during the war.

49 – That he was not so employed.

50 – That he never was engaged in anything of the kind during the war.

51 – That he never was in the Union army nor never was connected therewith.

66 – That he was the owner of the property when taken and that he further says he had raised the property on the premises.

67 – The property was taken at his residence at the mill and not from the farm but states that he had raised the hogs on his farm in Winston County. The tobacco was raised at the mill.

68 – That he has never filed a petition in bankruptcy nor has not been declared bankrupt. [signed] Nathan Montgomery, Attest: G.W. McDade, Special Commissioner

1 – My name is W.H. Hyde, age 47 years; residence near Houston, Winston County, Alabama and has been such 25 years. Occupation: a farmer.

2 – That he is not related in any way to the claimant nor is not interested in the claim.

52 – That he is here called to testify in favor of Nathan Montgomery, the claimant.

53 – That he has been acquainted with the claimant in this case about fifteen or twenty years and have been intimate with him all the time.

54 – That he lived part of the time about three miles but a good portion of the time claimant lived in Walker County.

55 – That he saw claimant as often as twice a week before he moved to Walker County but after he (claimant) moved to Walker I did not average meeting him more than once every two months.

56 – That he conversed with the claimant frequently about the war, its causes, progress and results. The first conversation I ever remember having with claimant was early in the spring of 1861 in the town of Houston on the subjects of the war. There were several present but don’t now remember who they were and claimant said he was opposed to the war on the part of secession; that it was unjust and that secession was wrong and that he did not believe in secession but would adhere to the Union. I told claimant he had better hold his tongue that times were very dangerous and that he could have his Union sentiments and hold his peace but claimant said it made him so mad he could not help but to talk. The second occasion was some time after that in the town of Houston. The Rebels was beating up for volunteers and claimant was threatened by them to hang him because he was a damned old Lincolnite and claimant told them if they did hang him he wanted them to put the old Union flag over the gallows before they swung him off.

57 – That he knows of claimant at various times during the rebellion to feed Union men who were in the woods preparing to go to the Federal army. After claimant moved to Walker County he was back here on his farm and would tell the layouts to kill any of his hogs they wanted for if they did not take them the Rebels would; for said claimant he would rather they would have it as for the Rebels to get it.

58 – That he knows of nothing said or done by claimant against the Union cause during the war.

59 – That he never heard of claimant saying anything against the Union cause during the war, nor never heard any other person say they had ever heard him say anything against it, but his conversation was all the time for the Union cause and its supporters.

60 – That the public reputation of the claimant was for the Union. I had conversations with him and heard him so express himself. I have heard William Farley, W.R. Cole, Samuel Wylie, George W. Baird, William Davidson and many others could and would testify to claimant’s public reputation as being a loyal man if called upon to do so.

61 – That the names of the best known Union men were given in Question numbered 60 and any or all of them could testify to claimant’s loyalty.

62 – That he was loyal to the Union cause during the war and claimant knew me to be such by our frequent conversations when we were together.

63 – That one of claimant’s sons was taken up by the Rebels and put in jail and the Rebels said they would keep him there until his father, a damned old Tory, come in and then they would hang both of them together. At that time claimant and I met up together and he told me that he would have to go north or they would kill him and he and I started and tried to find one Bill Looney, a Yankee pilot, to get him to pilot us through the lines, but failed to find him. We had to return and claimant layout until the Rebel cavalry was run out of the country and then he went home.

64 – That the protection he gave Union men &c Union soldiers would certainly have prevented him from proving his loyalty to the Confederacy.

65 – That he has stated all that he now remembers about the loyalty of the claimant, but further states that he thinks claimant’s loyalty was sufficient as to justify the payment of his claim. [signed] William H. Hyde, [signed] George W. McDade, Special Commissioner

1 – My name is George W. Baird, my age 42 years. My residence: Winston County and has been about 15 years. My occupation, that of a farmer.

2 – That he is not related to the claimant nor interested in the success of the claim.

52 – That he is here called to testify in favor of Nathan Montgomery, the claimant.

53 – That he has been acquainted with the claimant about fifteen years and have been intimate with him all the time.

54 – That he lived in three miles of the claimant during the war.

55 – That he met the claimant frequently in time of the war but can’t state how often.

56 – That he conversed with claimant about the war, its causes and progress at different times during the war. The dates I do not now remember and have heard the claimant say both alone and in the presence of others, Simeon Tidwell and John Morrow were present at some of the times, and claimant said he was an enemy to the secession cause and in favor of the Union.

57 – That claimant fed and protected layouts and Union soldiers in the years 1864 and 1865 in this County and also in Walker County. Claimant’s faith was with the Union cause and he delighted to do all for the Union men that he could.

58 – That he knows of nothing said or done by the claimant against the Union cause during the war.

59 – That he all the time heard claimant argue for the Union and against secession and has heard W.H. Hyde, Samuel Wylie and others say at different times during the war that they never heard claimant say anything against the Union cause but all ways argued for it.

60 – That he knows claimant to be loyal to the Union cause by his conversations to him and his public reputation was for the Union. W.H. Hyde, William Banks, Saul Morrow, Arch Black, Freeman Drummond and others could testify to the public reputation of claimant’s adherence to the Union cause.

61 – That the persons mentioned in Question numbered 60 could testify to claimant’s loyalty if called upon to do so for I have heard them say so.

62 – That he was a Union man throughout the war and claimant knew me to be such by my going across the lines to the Union army and gave it my services.

63 – That claimant was threatened with the Rebel cavalry that he was an old Lincolnite and they would hang him if they could get him. Claimant’s son was taken by the Rebels, put in jail at Jasper and the Rebels said that would hang him but a raid of Union soldiers went to Jasper, released the prisoner, stampeded the cavalry, burned up the jail and court house. The Rebels said claimant was the cause of it and if they could get him they would hang him.

64 – That when he was preparing to go across the lines he (claimant) came to me and our squad where we were assembled, preparing for our start and claimant told us to kill any of his hogs that we wanted to for our necessary supplies on the trip and gave us all the information in his power to aid us. Three of our number was in the regular Union army and the rest of us was preparing to go. I hardly think any man could establish loyalty to the Confederacy that done as much as he did for the Union soldiers.

65 – That he has stated all he now remembers about the claimant’s loyalty during the rebellion. [signed] G.W. Baird, [signed] George W. McDade, Special Commissioner

The United States to Nathan Montgomery, Alabama. For the amount allowed him by Act of Congress, Private No. 70 approved March 3rd 1877, entitled “An Act making appropriations for the payment of claims reported allowed by the Commissioner of Claims under the Act of Congress of March 3rd, 1871:” The sum of $160. Payable in care of B.D. Hyam, Washington, D.C. Treasury Department, Second Comptroller’s Office, April 5, 1877, [signed] H. Spalding, Clerk. Treasury Department, Third Auditor’s Office, March 30, 1877. [signed] J.W. Clark, Clerk

Note: Ancestry reported Nathan Montgomery was born about 1813 and died at Houston about 1881.


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