Patsy A. Smith's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Patsy A. Smith (19503) Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

200 pounds bacon

$50

$30

$20

3 bushels corn

$6

$3

$3

100 binds fodder

$2

$2

 

2 ˝ bushels sweet potatoes

$2.50

 

$2.50

2000 rails

$60

$60

 

Totals

$120.50

$95

$25.50

 

Remarks: Claimant swears to her loyal sympathies. Her husband died in the service of the United States at Nashville, near the close of the war, but before these supplies were taken, which she claims as his widow’s share. Witnesses confirm her claim to loyalty and we find her loyal. The supplies were taken by General Wilson’s command in 1865 and we allow the sum of ninety-five dollars.

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

The petition of Patsy A. Smith, widow of Allen Smith, late Sergeant, Company F, 1st Alabama Cavalry, U.S.A., respectfully represents:

That she is a citizen of the United States, and resides at present at or near Larissa, Winston County, Alabama and that she resided when this claim accrued at or near Larissa, in the County of Winston and State of Alabama.

That she has a claim against the United States for property taken for the use of the army of the United States during the late rebellion 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:

200 pounds bacon ($50); 3 bushels corn ($6); 100 binds fodder ($2); 2 ˝ bushels sweet potatoes; 2000 rails ($60); totals: $120.50

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 and commanded by Major General J.H. Wilson.

That the property was removed to the camps and used for or by said cavalry, all this on or about the 26th day of March I the year 1865.

That no voucher, receipt, or other writing was 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 your petitioner, the said Patsy A. Smith, was the original owner of said claim and that she is now 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 she solemnly declares that, from the beginning of hostilities against the United states to the end thereof, her sympathies were constantly with the cause of the United States; that she never, of her 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 she 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 her means and power, and the circumstances of the case permitted.

That said claim has not before been presented.

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 x her mark] Patsy A. Smith; Witness: [signed] Reuben A. Pike

State of Alabama, County of Winston, I Patsy A. Smith 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 x her mark] Patsy A. Smith; Witness: [signed] Reuben A. Pike and Perry D. Hyde

Sworn and subscribed in my presence, the 9th day of January 1873 [signed] William Dodd, Jr., N.P., Ex Off.

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

William W. Wilson, Holly Grove, Alabama

Reuben A. Pike, Holly Grove, Alabama

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

Laura A. Wilson, Holly Grove, Alabama

Post office address of claimant: Holly Grove, 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 Patsy A. Smith of Larissa, in the County of Winston and State of Alabama.

Comes now the Claimant before John Brown, 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:

200 pounds bacon ($50); 3 bushels corn ($6); 100 binds fodder ($2); 2 ˝ bushels sweet potatoes;$2.50 2000 rails ($60); totals: $120.50

That, as stated in the Petition referred to, the property in question was taken from or furnished by claimant, of Winston County, in the State of Alabama, for the use of a portion of the army of the United States, known as Wilson’s Raid and commanded by Major General James H. 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: 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 26th day of March 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:

William W. Wilson, of Holly Grove, Alabama

Reuben A. Pike, of Holly Grove, 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:

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 may 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. [signed] Patsy A. Smith, Claimant; Thomas C. Fullerton, Attorney

Before the Commissioners of Claims, Act of Congress, March 3, 1871:

Case of Mrs. Patsy A. Smith, No. 19503

It is hereby certified, that on the 25th day of March 1873, at Jasper, in the county of Walker, and State of Alabama, personally came before me the following persons, viz: Mrs. Patsy A. Smith, Claimant, and Reuben A. Pike, William Wilson, and Laura A. Wilson, Claimant’s witnesses for the purpose of a hearing in the above entitled cause.

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; and the testimony of each deponent was written out by me, or in my presence, and as given before me, and subsequently read over to said deponent, by whom it was also subscribed in my presence.

Witness my hand and seal this 25th day of March 1873 [signed] John Brown, Special Commissioner of the Commissioners of Claims.

Deposition of Mrs. Patsy A. Smith:

1 – My name is Patsy A. Smith, my age 66 years, my residence Walker County, in the State of Alabama, and my occupation a housekeeper.

2 – I resided in Walker County, Alabama. I owned 80 acres of land—15 acres in cultivation, 65 acres woodland; situated in Walker County, Alabama, 18 miles northwest of Jasper. My occupation is that of family and housekeeping. I did not change my residence.

3 – I never did.

4 – I never did.

5 – No, sir—and never was pardoned by the president.

6 – No, sir.

7 – No, sir.

8 – No, sir.

9 – No, sir.

10 – No, sir.

11 – No, sir.

12 – No, sir.

13 – No, sir.

14 – No, sir.

15 – No, sir.

16 – No, sir.

17 – No, sir.

18 – No, sir.

19 – No, sir.

20 – No, sir.

21 – No, sir.

22 – No, sir.

23 – No, sir.

24 – No, sir.

25 – My husband had a young horse taken by Major Hewlett’s command of the Confederate army for what use I do not know for which he never received no pay.

26 – I understood that I was threatened by Captain Beckner and his company of the Confederate army; that they intended to come and burn my house through I did not hear any of them say so.

27 – No, sir. They never bothered me personally. I lived about 18 miles northwest of Jasper in a Union settlement. I think the Rebels were afraid to visit that neighborhood much.

28 – I never did except feeding of men who were passing by my house during the war into the Union lines for the purpose of joining the Union army. Some of the names of whom I can give, to wit: William W. Wilson, George Wilson, Charles M. Wilson, and Wiley Tyler.

29 – Only as stated in question 28.

30 – I had no relatives in the Confederate army. My husband Allen Smith, my son-in-law Charles M. Wilson were in the Union army. They belonged to the First Alabama Cavalry, Company A, commanded by David Smith. My husband Allen Smith died at Nashville during the war while in the service and since the war ended I have been drawing a pension from the government.

31 – No, sir.

32 – No, sir.

33 – No, sir.

34 – No, sir.

35 – No, sir.

36 – No, sir.

37 – No, sir.

38 – No, sir.

39 – I never was.

40 – At the beginning of the rebellion I sympathized with the Union and did all I could for the Union. I said a many a time during the war that I hoped the Union army would whip out the Rebels and put them back in the union and sure enough they did it and I rejoined at their success.

41 – From the beginning of hostilities to its end my sympathies were with the Union cause and never did anything in any shape, form, or fashion to injure the success of its cause and did all I could when I had an opportunity to aid its cause, its sympathizers and supporters so far as I was able and being under the circumstances which surrounded me.

42 – I am single. My husband is dead as I have before stated. My husband was loyal to the United States Government from the beginning of the war to his death. He was 67 or 68 years of age when he joined the U.S. army and died in its service at Nashville, Tennessee. I have four children living (viz) William P. and John H. Smith, ages 39 and 44 years. Laura A. Wilson, age 35 years. Mary A.L. Williams, age 41 years. None of whom were in the Confederate army. The property which I claim set forth in my petition as being my separate property is upon the following reasons: my husband, Allen Smith, died before the property was taken and the property was exempt to me as a widow under the Statute of Alabama which passed in to my hands in consequence of my husband’s, Allen Smith’s, death which occurred in the year 1862. The farm upon which the bacon, corn, fodder, potatoes and rails were produced passed into my hand at the same time and in the same manner as is above stated. My husband, Allen Smith, left him surviving the number, names and ages, children above given, who are now living and are not interested in this claim because the property which I am claiming is my own under the Statute of Alabama. [signed x her mark] Patsy A. Smith; Attest: [signed] John Brown.

Testimony of Claimant on facts being first duly sworn deposes and says I was present when all the articles named in my petition were taken except the bacon and corn. I saw them taking the rails and building fires for their camps. I saw the fodder taken and sweet potatoes. The rails were taken off the fence from around my farm. The fodder was taken from the fodder house. The sweet potatoes were taken out of the garden. The bacon was taken from the smoke house. The corn was also taken from the smoke house on or about the 26th day of march 1865 by General Wilson’s Cavalry, or at least they told me they belonged to General Wilson’s Cavalry. They were all dressed in blue. It looked like they might have been 4 or 5 thousand men about my house and in the camp which was near my house. I suppose there were about 100 present at the taking and about five or six engaged in the taking. They were engaged in the taking from about 4 o’clock p.m. until common bedtime the same night. No other persons were present at the taking except the men who did the taking, myself, Laura A. Wilson, my daughter. I do not know whether there was any officer commissioned or non-commissioned present at the taking. I did not ask any of them their names, rank, and regiment to which they belonged. They only said they were Yankees and belonged to General Wilson. They said they were taking it for the benefit of the army. That that was their orders. The corn and bacon were taken from the smoke house. The fodder from he fodder house; the potatoes from the garden, and the rails from around the farm. The bacon, corn, and sweet potatoes were put in sacks and the sacks were put on horses and carried to their camp in sight of my house from which they were taken. My fodder was taken off in their ambulances to their camps at the place above stated. The rails were taken by hand off the fence and put upon camp fires. I followed the property to these camps and saw them using of it all. I told the man who taken my property that my husband had died in their army and I did not think they ought to take it. They said I was living in the Confederacy and they were bound to take it. There was no voucher or receipt asked for and none given. The property was all taken publicly. The corn was shelled and put in the smoke house in [aguns?] which measured to hold about 7 bushels, half of which was taken. There was about 200 pounds of good, dry bacon. I killed six hogs in the winter before the bacon was taken, which would have weighed about 150 pounds each though I did not weigh them and about half of the bacon which they made was taken. There was 100 binds fodder, well cured, taken from the fodder house which I had counted and put in there. None of which had been used before the taking. The sweet potatoes I had bought them for seed which had been measured to me 2 ˝ bushels. I allowed there were 2000 rails though I guessed at the quantity. All the rails around about five acres of land were taken the fence which they made was about ten rails high. Affiant says she knows nothing further. [signed x her mark] Patsy A. Smith; Attest: [signed] John Brown

Testimony of Reuben A. Pike on loyalty being first duly sworn deposes and says, my age is 40 years. My residence Walker County, Alabama and by occupation a farmer. I have been acquainted with claimant about 15 or 20 years. My acquaintance was intimate with claimant from the first of January 1861 up to the first of September 1862. I saw claimant about half dozen times between the first of September 1862 and the first of November 1864. From the first of November 1864 until the surrender I saw claimant frequently but could not say how often. Claimant lived about five or six miles from me. I conversed in the presence of claimant about the war, its progress, but I don’t know that I ever conversed with claimant publicly or alone. I was always a strong adherent to the Union cause and claimant regarded me as such from the fact that she was never afraid to see me at any time during the war. I do not recollect that I ever heard claimant say anything about the Union cause. I am satisfied that claimant was an adherent to the Union cause at least she was regarded as such by her Union neighbors. Claimant’s husband was in the Union army. I have seen claimant feeding Benjamin Williams’ wife when he at the same time was in the Union army. I do not know whether claimant ever owned any Confederate bonds or did anything to aid its officers or soldiers but I am satisfied she did not. Affiant says he knows nothing further to state. [signed] Reuben A. Pike; Attest: John Brown

Testimony of W.W. Wilson on loyalty of claimant being first duly sworn deposes and says my age if 47 years, my residence is Walker County, Alabama and by occupation a farmer. My acquaintance began with claimant about 20 years ago. I was intimately acquainted with claimant from January 1st, 1861 to the first of December 1863 after which time I went into the Union lines and joined the Union army. I belonged to Company M, First Alabama Cavalry, commanded by Col. George E. Spencer. I lived about six miles from claimant during the period which I was intimate with her. I conversed often with her during that period about the war, its cause and progress. Claimant always expressed herself in favor of the Union. From the 15th day of September 1863 to the first of December 1863 I was at different times lying in the woods near claimant’s and claimant furnished me with rations and blankets for my benefit while I was lying in the woods. I heard claimant say during of that period that if she was a man she had rather die than to go into the Confederate army. Claimant was regarded as a union lady by her Union neighbors and called a damned old Tory by the Rebel cavalry. Claimant never owned any Confederate bonds, never give any aid to the Confederate, its officers or soldiers. Claimant’s husband was in the Union army. I saw the payrolls with his name on them, Allen Smith, claimant’s husband. Claimant has four children now living, William and John Smith, Eliza Williams and Laura Wilson. Laura Wilson’s husband died in the Union army. William Smith was a loyal man. John and Eliza, I do not know whether they were loyal or not. I was not intimate with them during the war. I am thoroughly satisfied that if the Confederacy had been established that claimant could not prove her loyalty to it and would not have even been permitted to have lived in it. Affiant says he knows nothing further in this case. [signed] William W. Wilson; Attest: [signed] John Brown.

In the case claimant had but one witness to prove the taking of her property and therefore she was willing to submit the evidence. [signed] John Brown, Special Commissioner

Testimony of Laura A. Wilson on facts being first duly sworn deposes and says my age is 35 years, my residence Walker County, Alabama, my occupation a housekeeper and a daughter of claimant. I was present and saw all the articles named in claimant’s petition taken. I saw the bacon, corn, fodder, sweet potatoes and rails taken. The bacon and corn was taken from claimant’s smoke house. The fodder from the fodder house, sweet potatoes from the garden and the rails off the fence which surrounded the farm. The property was all taken on or about the 26th day of March 1865. The property was taken by General Wilson’s Raid or at least they told me they belonged to General Wilson’s Raid and that they were Yankees. I do not know how many there were engaged in the taking but there were a good many and they were all dressed in blue. They were engaged from late in the evening until about midnight. There was no other persons present at the taking but myself, claimant, and those who did the taking. I do not know whether there was any officers either commissioned or non-commissioned present at the taking. I did not ask the names, rank and regiment to which any of them belonged. I do not know that I heard any of them order the property taken.

The corn and bacon was taken from the smoke house; the fodder from the fodder house, the sweet potatoes from the garden, and the rails off the fence that was around the farm. The corn and bacon were put in sacks and put upon horses and carried to their camps which was in sight of claimant’s house. The fodder was put in the ambulances and carried to the same place. The sweet potatoes was carried in a sack to the same place. The rails were taken off the fence by the hands of the men who did the taking and put upon the camp fires. I was not in their camps but I could stand in claimant’s door and see their camps and some of them were camped around claimant’s house. Claimant told the men who did the taking that it looked hard for them to take her property when her husband was in their army. They said they were obliged to have it and that it was their orders to take it. I saw them using some of the property and some I did not. There was no voucher or receipt asked for nor none given. The property was all taken publicly. The men who did the taking remained in their camps at the place above named one night and thence moved in a southern direction.

The corn was shelled and put in [aguns?] in the smoke house which held about 7 bushels and about half was taken. The bacon was good, dry bacon, I suppose about 200 pounds. Claimant killed six hogs the winter before her bacon was taken in the spring which I am confident would have weighed about 150 pounds though about half the bacon which they made was taken. I suppose there was about 100 binds fodder though I never counted it. I saw Mr. Carroll count the fodder and he counted it to be a hundred and they taken all of it. There were 2 ˝ bushels sweet potatoes which had been measured. I suppose there was about 2000 rails but don’t know. Affiant says she knows nothing further of the facts in this case. [signed x her mark] Laura A. Wilson; Attest: [signed] John Brown

Remarks by the Special Commissioner: State of Alabama, Walker County: I, John Brown, Special Commissioner and as Probate Judge in and for the County of Walker and State of Alabama, do certify that Patsy A. Smith, claimant in this case, and as her witnesses Reuben A. Pike, William W. Wilson and Laura A. Wilson came before me at Jasper, Alabama on the 25th day of March 1873; that before said witnesses were examined they were each severally sworn by me to tell the truth, the whole truth, and nothing but the truth, relative to such questions that might be asked them in reference to said claim. The answers of each witness was taken down and after were carefully read over to them and each of them subscribed their names to the same and that such answers have not been out of my possession since they were taken and have not been altered or changed. [signed] John Brown, Special Commissioner; March 25th, 1873


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