Robert Calvert's Claim


Submitted by Robin Sterling


Southern Claims Commission File
for
Robert Calvert (3117) Denied
April 16, 1865
One Grey Mare, $125
One hundred and twenty five bushels corn, $125
Twenty bushels corn meal, $20
Five hundred pounds bacon, $125

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

The petition of Robert Calvert, 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 Alabama, residing at Ryans Creek; 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 remain 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 that said 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 16th day of April 1865 at your petitions residence in said county and state officers and soldiers of the United States Army under command of Brig. Gen’l Croxton then on a raid in the State of Alabama took from your petitioner one Grey Mare valued at one hundred and twenty-five dollars; one hundred and twenty-five bushels corn valued at one dollar and twenty-five cents per bushel; twenty bushels corn meal valued at one dollar per bushel and five hundred pounds of bacon valued at twenty-five cents per pound; for which no voucher receipt or other writing was given by any officer or authority or said army taking said property as aforesaid.

Your petitioner was informed and believed and so states the fact to be that said Brig. Gen’l Croxton was on a raiding expedition in the enemies 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 Brig. Gen’l Croxton was in command of the forces of said army in the district in which said property was taken as aforesaid.

Your petitioner further states of his own knowledge that said property was 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 place stated. The premises considered, your petitioner therefore prays that he may be allowed the sum of three hundred and ninety-five dollars as compensation for said property as aforesaid for the use and benefit of the United States. [signed] Robert Calvert, petitioner. Sworn to and subscribed before me at Jasper, Alabama, this 26th day of May 1871. [signed] John Brown, Judge of Probate.

To prove my loyalty, I rely upon:
Samuel Givens, Ryans Creek
James C. Harris, Ryans Creek
Richard H. Davis, Ryans Creek

The other matters I rely upon:
Andrew J. McMurry, Ryans Creek
Simeon Harbison, Ryans Creek
Alexander Gibson, Ryans Creek
Nathaniel Calvert, Winston County, Alabama.

My post office address is Ryans Creek, Winston County, Alabama. My Counsel is Lewis & Fullerton, Esq., whose post office address is Washington, D.C.

Attorneys: C.C. Sheats and F.A. Gamble

Robert Calvert, Claimant, vs. United States, Defendant. In pursuance of the Commission issued by the Commissioners of Claims at Washington City, D.C., to the undersigned, on the 23rd day of November, A.D., 1871, I John Brown, have called and caused to come before me at Jasper, in the County of Walker, and State of Alabama on the 24th day of January, A.D., 1872, Robert Calvert, the claimant, James C. Harris, Samuel H. Givens, Nathaniel Calvert, and Samuel H. Givens [Note: Givens was listed twice] witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Robert Calvert, of Winston County, Alabama, is claimant and the United States is defendant.

The said Robert Calvert, being duly sworn, says, in answer to the Interrogatories propounded to him, that he is fifty-two years of age, resides about 2 ½ miles from Ryans Creek, Winston County, Alabama, and is a farmer; has resided at his present residence for about forty-five years, and was there personally all during the war, from the beginning of the Rebellion to the end thereof. He was in favor of he Union cause, and opposed to secession and rebellion. Never was in the Rebel army, nor never did any thing voluntarily for the Confederacy. That he advocated the election of and voted for C.C. Sheats as the union candidate for delegate to secession convention of Winston County, Alabama, and after the state seceded he did not go with the State but still adhered to the Union cause. That from first to last opposed secession and Rebellion and done all he could for the Union cause. That he never owned any Confederate bonds or done anything to sustain the credit of the so-called Confederate States.

Claimant says that he often fed Union men who were in the Union army and who were lying out to evade conscription in the Rebel army. That he carried rations at one time to a man, whom the Rebel Cavalry had shot, and who was lying in the woods. That he aided and assisted said Union man until he was able to get away. That he was threatened to be arrested in consequence of his Union sentiments, and that they would frequently make raids on his property, and feed off of him; that they would forage and live off of Union men more frequently than those of Rebel proclivities.

Claimant says that in the Fall of 1862 he was elected to the office of Justice of the Peace by Union votes and Union votes only, which office he held the remaining part of the Rebellion. Claimant says in answer to the question, why he accepted said office and states as reason as follows. He had fully determined never to go into the Rebel army; that he was a poor man with a large family, and could not well have crossed to the Union lines. Only one son, and he a cripple, and that if he had left them he would have had to left a family of females unprotected, he felt it his duty to stay with them, provide for them and protect them, and for the farther reason that he was advised by his Union friends, to accept said office, to exempt him from conscription in the Rebel army, and for the farther reason that his county (Winston) was by an overwhelming majority in favor of the Union. That it was determined polity of the Union party to fill all its civil offices by Union men, and Union men alone. Above are the reasons alone, which caused him to accept said office.

Claimant 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 or accord, did anything, or offend or sought or attempted to do anything by word, 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, so far as his means and power and the circumstances of the case permitted.

Claimant says that after the war was over he was in favor of the Reconstruction Acts of Congress and voted for U.S. Grant for President in 1858. [signed] Robert Calvert.

 

James C. Harris, witness for claimant in behalf of his loyalty, who being first duly sworn, says that he is thirty-seven years of age, resides at Ryans Creek, Winston County, Alabama and is a farmer, resided about two miles from claimant during the war, would see him once a week during that time. Conversed with him about the Rebellion, its causes and progress. Claimant was a Union man and opposed to secession and Rebellion, and affiant was so regarded by claimant, claimant was considered by all his neighbors as a Union man, and when it was safe for claimant to express himself, he would talk openly in favor of the union. Affiant states that in the latter part of the year 1862, that it became dangerous for Union men to publicly express their Union sentiments in the section of country where claimant lived. That his property was in danger of being taken by Rebel authorities, danger of being arrested, being shot, &c, and their families were also in danger of being molested and maltreated. And given in proof of the assertion last made, that there was Union men arrested and imprisoned, to wit, Osborn Plott, David Guttery, George Corley who were arrested and put in Blount County Jail in consequence of their Union sentiments. And that one Daniel Sharpley was wounded by Rebel Cavalry, while escaping them, affiant farther states that politics of men were as well known as any other events of the day, that Union men were always elected to office, throughout the war and since to the present day. That claimant was elected to the office of Justice of the Peace as a Union man, and that he was elected as the proper man to leave at home, as he would be of more service to the Union cause than any one they could leave, for the reason that claimant was the only blacksmith in that community, raised a great deal of meat and corn, and was a very liberal man, and that he could do more in the way of providing for Union Men’s families and doing their work as a blacksmith &c. than any one that they could leave. Affiant says that there was not a single man voted in the election of claimant, but what was a Union men, neither was there a man who lived in claimant’s precinct but what was a Union man.

Affiant states that he saw him in company with, and saw Union soldiers at claimant’s house at different times during the war and that claimant would furnish them with rations &c. That claimant always furnished Union men who were lying out to evade arrest and conscription in the Rebel army, with rations, and would sometimes carry it to them in the woods when it was unsafe for them to come to his house.

Never knew of claimant owning any Confederate bonds or doing anything to sustain the credit of the so-called Confederacy. Does not believe that if Confederacy had been maintained as a separate government that claimant could have proven his loyalty thereto because all his acts and words were in opposition to the confederacy and in favor of the Union cause. [signed] J.C. Harris.

 

Samuel H. Given, witness for claimant as to loyalty, who being first duly sworn says that he is forty-three years of age, resides about two and one half miles from Ryans Creek and is a farmer by occupation; resides about three-quarters of a mile from claimant, and resided that close to claimant all during the war; would see him at least once a week; would talk to him about the war about every time he would meet him. Claimant was in favor of the Union cause and opposed to the Confederacy. Affiant was so regarded by claimant that he talked freely with claimant because he was a Union man. Claimant voted for C.C. Sheats as the Union candidate for delegate to secession convention. Never knew claimant to do anything in favor of secession and rebellion, but he always firmly opposed said Rebellion. Claimant was the friend of Union men and their families. That he was a blacksmith and would do the work for Union families free of charge. Affiant says he was a discharged Union soldier of Company I of the 1st Alabama Cavalry and that affiant had to lie out in the woods a large portion of his time during the remaining part of the war; and that claimant was kind to his family and would assist affiant when it was prudent for him to do so and that he gave him information when the Rebel Cavalry was in the neighborhood and also done the same thing for other Union men and their families. Never knew of claimant owning Confederate bonds or doing anything to sustain the credit of the so-called Confederate States. Do not think he did because claimant was such a well-wisher of the Union cause and that of the Confederacy had been maintained as a separate and independent government he does not believe that claimant could have proven his loyalty thereto for the reason that he was regarded by all his neighbors as a Union man. [signed] Samuel H. Givens

 

Robert Calvert, Claimant, who testifies as follows as to taking of his property.

Question 1 – Yes, Sir.

Question 2 – Yes. One mare, one hundred and twenty-five bushels corn; twenty bushels meal and five hundred pounds bacon.

Question 3 – No, Sir.

Question 4 – About 15th or 16th April 1865, from claimants premises, by offices and soldiers of U.S. Army belong to Brig. Gen’l Croxton’s raid.

Question 5 – Nathaniel Calvert, Mary Calvert and other members of his family.

Question 6 – There were officers present but did not know their names or rank or to what regiment they belonged. They said they were compelled to have the mare to ride, and that they were water bound and have something to eat for their men and stock.

Question 7 – Mare was let away. Corn that was not consumed on the premises was packed off in sacks in their horses. Meal in sacks also and bacon was taken by soldiers in different ways.

Question 8 – Claimant refers to No. 7 and adopts it as his answer.

Question 9 – Did not follow them. They went in direction of their camp about one and one half miles from place of taking.

Question 10 – Did not see any of said property used, only a portion of the corn but he was informed by them that it was for the use of the army.

Question 11 – Claimant complained to them and asked them to leave some of the provisions, but they replied that they were obliged to have it.

Question 12 – No receipt or voucher asked for nor one was given.

Question 13 – All of said property was taken in day time and none of it was taken secretly.

Question 14 – army was part encamped about one and one half miles from place of taking, remained there about one day and night. There had been no battle or skirmish near there before the taking, and did not know any of the officers of said command.

Question 15 – Mare was about twelve years of age, was in good working condition and worth one hundred and twenty-five dollars. Corn was in the crib, was husked and worth one dollar per bushel. Meal was good and fresh and worth one dollar per bushel. Bacon was well cured and dry and worth twenty-five cents per pound.

Question 16 – Claimant estimates quantity corn taken from size of crib it was in. meal from measurement. Bacon from number and size of pieces taken.

Question 17 and 18 – Passed.

Question 19 – Believes that said property was taken for the actual use of the army as they had no supply train with them and they told claimant that it was the only way they had of getting such property and that their horses were daily breaking down and dying.

Question 20 – Believes it was for the reason that they were on a raid and could not have been supplied by the government in culinary manner as they were on a raid and a long way from their base of supplies and traveling through a very mountainous country.

Question 21 – Yes, as herein before stated.

Question 22 – Believes that it was taken for some purpose so necessary as to warrant and require the Government to pay for it, as the Government should pay for the subsistence of its own army, and that he believe they could not have lived only by foraging off the county.

Question 23 – Yes, Sir. Claimant understood that it as the order of the commanding general to forage off of the country through which they passed.

That all of said property belonged to and was his property. [signed] Robert Calvert.

 

Nathaniel Calvert, witness for claimant as to taking of his property, who being first duly sworn says that he is twenty-seven years of age, resides with claimant and by occupation a farmer. Affiant says he was present at claimant’s resident about the 15th of April 1865, when U.S. Troops belonging to the command of Brig. Gen’l Croxton came and took there from. One mare about 11 or 12 years of age, was in good serviceable condition and worth about one hundred and twenty-five dollars; about one hundred and twenty-five bushels corn; the quantity of which affiant judges from the size of the crib. It was said corn was good and dry and worth as much as one dollar per bushel; about twenty bushels meal. The amount of which affiant estimates from the sacks it as in; said meal was fresh and good and worth as much as one dollar and fifty cents per bushel, about five hundred pounds bacon, the quantity of which affiant estimates from the number and size of hogs the claimant had killed and from number and size of pieces taken. Said bacon was well cured and dry and worth as much as twenty-five cents per pound. Affiant says that they consumed a portion of the corn on the premises; was all that he saw used, but they said that they were obliged to have the mare for cavalry service, and remainder of said property to feed the men and stock. That he believes that said property was taken for the actual use of the army and that he believes that it was taken for same purpose so necessary are warrants and require the government to pay for it. And that all of said property belonged to and was the property of claimant of Walker County, Alabama, and that he has never talked with claimant in regard as to what he should testify in this cause. [signed] N.M. Calvert.

 

Samuel H. Givens, witness for claimant as to property, who is substituted instead of Alex Gibson, and who being first duly sworn says that he is forty-three years of age; resides about two and one half miles from Ryans Creek post office and is a farmer by occupation. Affiant says that about the 16th April 1865 he was at the camp of U.S. troops under command of Brig. Gen’l Croxton about one and one half miles from claimants, and that he saw in their possession, in camp, one mare about ten years of age and worth one hundred and forty dollars; and that said mare belonged to and was the property of Robert Calvert, the claimant. Affiant says that he knew claimant to be possessed of and the owner of some corn, bacon and meal before said army came and that after said army had passed he was at claimants and said property was missing and that he was informed and believes that said troops took said property and farther states that said army was on the march and was taking such property wherever they went, and believes they were in great need of such property. [signed] Samuel H. Givens.

 

State of Alabama, Walker County: I, John Brown, Commissioner to take testimony in cases pending before "The Commissioner of Claims," now pending before them against the United States, and as Probate Judge in and for the County of Walker and State of Alabama, do certify, that Robert Calvert, of Winston County, Alabama, the claimant in this cause, and as a witness, and James C. Harris, Samuel H. Givens, and Nathaniel Calvert, of Winston County, Alabama, as witnesses and F.A. Gamble, as counsel, came before me at Jasper, Walker County, Alabama on the 24th day of January, A.D., 1872, the said witnesses to testify in behalf of Robert Calvert, the claimant in this cause; 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 said claim; that the answer of each of said witnesses were taken down; that after the same were carefully read over to said witnesses, I cause each of them to subscribe their said deposition. And I further certify, that said depositions have not been out of my possession since they were so taken, nor have the same been in any way altered or changed. Given under my hand and seal, this 24th day of January, A.D. 1872. [signed] John Brown, Special Commissioner, &c.

 

Commissioner of Claims, Act March 3d, 1871. No. 3117. Claim of Robert Calvert of Winston County, State of Alabama. Summary Report. Amount allowed $0; Submitted to Congress, December 5, 1877.

 

Remarks: Claimant resided in Winston County, Alabama. In the fall of 1862, he was elected to the office of Justice of the Peace and served as such throughout the war. He undoubtedly took the oath of office which included an oath to the Confederacy. He alleges that he was elected by Union votes and Union votes only; that the county (Winston) was overwhelmingly Union at this time &c. His first witness swears "that in the latter part of the year 1862 it became dangerous for Union men to publicly express their Union sentiments in the section of country where the claimant lived." That his property was endangered; that he was in danger of being arrested, hung, shot &c. That their families were in danger of being molested and maltreated. The witness mentions several persons who were arrested and put in Blount County jail on account of their Union sentiments. No doubt this witness testifies truly. But the facts states by him are irreconcilable with the statement that claimant was elected a Justice of the Peace as a Union man by Union men and in their interest. The acceptance of this office and the exercise of its functions under Confederate authority, after having been duly qualified, are inconsistent with adherence to the Union cause. The claim is disallowed. [signed] A.O. Aldis, J.B. Howell, O. Ferriss, Commissioner of Claims

 

The Cullman Democrat, 21 Nov 1901

A Ripe Old Age. "Uncle Robert" Calvert Died Suddenly Last Wednesday Night. Mr. Robert Calvert, well known to nearly all our older citizens, was found dead in his bed last Thursday morning. Mr. Calvert was nearly 90 years of age and for many years had lived on his farm on Ryan’s Creek about midway between Bremen and Logan. Last Wednesday Mr. Calvert appeared to be in better health than usual and was planning some duties for the succeeding day. When one of his daughters went to call him for breakfast, it was found that he had passed away. Mr. Calvert, while living on the same farm has the peculiar distinction of having lived in three counties. When first going on the farm it was in Hancock County. After a while the portion of Hancock on which his farm laid was taken to form Winston and later it was converted into Cullman. The deceased leaves many relatives and hundreds of friends to mourn his loss. [Robert Calvert, 17 Nov 1819 – 12 Nov 1901, Robert "Bob" Calvert Family Cemetery]


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