Remarks: Claimant’s loyalty is satisfactorily established by the testimony taken by Special Commissioners. He voted for Douglas for President in 1860 and for Sheats, Union candidate to the Convention. He proposed to enlist in 1^st Alabama Cavalry of U.S. Volunteers but was rejected on account of deafness. He continued steadfast in his principles to the end of the war. General Croxton’s troops made a raid through that section in April 1865 and took a small lot of supplies from claimant for which we allow the sum of seventy dollars.

To the Honorable Commissioners of Claims, (Under the Act of Congress of March 3^rd, 1871), Washington, D.C.: The petition of Samuel H. Givens, a citizen of the State of Alabama, residing at Ryan’s 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 Ryan’s Creek, that he was the original owner of said claim; that he is a citizen of the United States and remained 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; and 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 16^th day of April 1865 at your petitioners residence in said county and State, officers and soldiers of the army of the United States under the command of General Croxton, then on a raid in the State of Alabama, took from your petitioner forty bushels of corn valued at one dollar per bushel, four hundred pounds of fodder valued at two cents per pound, sixteen bushels of corn valued at one dollar per bushel and one hundred pound of bacon valued at twenty-five cents per pound for which no voucher, receipt or other writing was given by any officer or authority of said army taking said property as aforesaid.

Your petitioner was informed and believes and so states the fact to be that said General 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 General 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 places stated.

The premises considered, your petitioner therefore prays that he may be allowed the sum of eighty-nine dollars as compensation for said property taken as aforesaid for the use and benefit of the United States. [signed] Samuel H. Givens, Petitioner.

State of Alabama, County of Walker: Samuel H. Givens, 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] Samuel H. Givens

Sworn to and subscribed before me this 25^th day of May 1871. [signed] John Brown, Judge of Probate

To prove my loyalty I rely upon:

James Harris, residing at Ryan’s Creek, Alabama

Richard H. Davis, residing at Ryan’s Creek, Alabama

Robert Calvert, residing at Ryan’s Creek, Alabama

The other matters I rely upon:

James Harris, residing at Ryan’s Creek, Alabama

Richard H. Davis, residing at Ryans Creek, Alabama

Robert Calvert, residing at Ryan’s Creek, Alabama

My Post Office address is Ryan’s Creek, Winston County, Alabama.

My Counsel is Lewis & Fullerton, Esq., whose post office address is Washington, D.C.

40 bushels of corn at $1 ($40); 400 pounds of fodder at 2 cents ($8); 16 bushels of meal at $1 ($16); 100 pounds of bacon at 25 cents ($25); total: $89

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:

James Harris, of Ryan’s Creek

Richard H. Davis, of Ryan’s Creek

Robert Calvert, of Ryan’s Creek

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 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 2^nd day of January 1872. [signed] Samuel H. Givens, Claimant; Lewis & Fullerton, Attorneys.

Before the Commissioners of Claims: In the matter of the Claim of Samuel H. Givens 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 Commissioner 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 three 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:

40 bushels of corn at $1 ($40); 400 pounds of fodder at 2 cents ($8); 16 bushels of meal at $1 ($16); 100 pounds of bacon at 25 cents ($25); total: $89

That, as stated in the Petitioner referred to the property in question was taken from Samuel H. Givens of Winston County, in the State of Alabama, for use of a portion of the army of the United States known as Wilson’s Cavalry and commanded by General Croxton.

That the property was removed to camps on the march and used for or by said cavalry; all this on or about the 16^th day of April 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 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 supports, so far as his means and power and the circumstances of the case permitted:

James Harris, of Ryan’s Creek

Richard H. Davis, of Ryan’s Creek

Robert Calvert, of Ryan’s Creek

Samuel H. Givens, Claimant, vs. United States, Defendant. In pursuance of the Commission issued by the Commissioners of Claims at Washington City, D.C., to the undersigned, [in] 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 25^th day of January, A.D., 1872, Samuel H. Givens, the claimant, James C. Harris, Robert Calvert, and Nathaniel Calvert, witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Samuel H. Givens, of Winston County, Alabama, is claimant, and the United States is defendant.

The said Samuel H. Givens, being first duly sworn, says, in answer to the Interrogatories propounded to him, that he is forty-three years of age, resides about two and one-half miles from Ryan’s Creek P.O., Winston County, Alabama and by occupation a farmer. Claimant says that from the beginning of hostilities against the United States to the end thereof he constantly opposed Secession and rebellion and in 1860 voted for Stephen Douglas for President and in the same year for C.C. Sheats for delegate to Secession Convention as the Union candidate. That he never directly nor indirectly gave aid or comfort to the rebellion. That in the year 1863, he offered himself to the Union army, feeling anxious and desirous of doing something in aid of the Union and to sustain the government of his fathers, in testimony of which he presents a paper, of which the following is a true copy, to wit:

Samuel H. Givens, born in Morgan County in the State of Alabama is thirty-three (33) years of age, by profession a farmer. Enlisted by Lt. Snelling, has this day been examined in reference to entering the service of the United States and rejected in consequence of deafness and asthma. [signed] S. Compton Smith, Assistant Surgeon. December 21^st, 1863, 1^st Regiment Alabama Cavalry.

Claimant further says that he remained with said regiment for a while then returned to his family in Winston County, Alabama and that much of the time therefrom until the close of the war he had to hide himself in the cliffs, mountains and caves &c to keep out of the way of Rebel authorities. That he exerted his influence in getting his Union friends through to the Union lines. That he never owned any Confederate bonds or did anything to sustain the credit of the so-called Confederate States and 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 offered, or sought, or attempted to do anything, by word or deed to injure said cause or retard its success. That he was at all times ready and willing, when 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 and further that after the war closed he was in favor of the Reconstruction Acts of Congress. [signed] Samuel H. Givens

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 Ryan’s Creek, P.O., and is a farmer by occupation. Resided about one and one half miles from claimant all during the war. Sometimes would see him every day, and sometimes at least once a week except the time that claimant passed through to the Union lines, where he remained four or five weeks. Claimant was a strong Union man and always expressed himself so, and in opposition to Secession and Confederacy and claimant so regarded affiant. Claimant was considered by both his loyal and disloyal neighbors as a Union man. Never knew claimant to do anything in favor of the Confederate cause, but was always doing all he could for the Union. Claimant was never in the Rebel army or in any manner connected with the civil or military service of the so-called Confederate States. Never knew claimant to own any Confederate bonds or do anything to sustain the credit of the so-called Confederate States. That claimant was compelled to keep himself secreted in the woods and other places a great deal of the time during said rebellion. Affiant does not believe that if the Confederacy had been maintained as a separate and independent government that claimant could have established his loyalty thereto, for the reason that he was so opposed to said Confederacy and that he did all he could for the Union cause, that he was informed and believes that claimant tried to enlist in the Union army, but was rejected in consequence of his bad health. [signed] James C. Harris

Robert Calvert, witness for claimant in behalf of his loyalty, who being first duly sworn says that he is [left blank] years of age, resides about two and one half miles from Ryan’s Creek P.O., Winston County, Alabama and by occupation a farmer; resided about one miles from claimant during the war, except what time claimant was across to the Union lines, would see him every day or so; conversed with him often. Claimant would express himself as strongly in favor of the United States government and as much opposed to Secession and rebellion, and claimant was so regarded by both his loyal and disloyal neighbors. Affiant was regarded by claimant as a Union man. Claimant never was in the Rebel army, nor connected in any manner with the civil or military service of the so-called Confederate States, but that claimant did, as affiant was informed and believes, and so states the fact to be that claimant attempted to enlist in the Union army, but was rejected in consequent of his ill health and that claimant was compelled to dodge and keep out of the way of Rebel cavalry the most of the time during the rebellion, in consequence of his Union sentiments. Never knew of claimant owning any Confederate bonds or doing anything to sustain the credit of the so-called Confederate States. Does not believe that if the Confederacy had been maintained as a separate and independent government that claimant could have established his loyalty thereto because he was regarded by all throughout his vicinity as a Union man. [signed] Robert Calvert

Samuel H. Givens, the claimant, who testifies as follows as to property taken. Claimant says that in the evening of the 16^th day of April 1865, he went to his neighbor Robert Calvert and when he got there learned that the U.S. troops under command of General Croxton was coming and that he immediately returned home but when he arrived at his house the cavalry had come and taken all his property, which is as follows: forty bushels corn, the quantity of which he estimates from the size of the pile. Said corn was part husked and part unhusked; was good and sound and worth one dollar per bushel; four hundred pounds fodder, the quantity of which he estimates from number and size of binds he had. Said fodder was under shelter, good and dry and worth one dollar per one hundred pounds. Sixteen bushels meal, the quantity of which he estimates from measurement before that time, and was good, worth one dollar per bushel. One hundred pounds bacon, the quantity of which he estimates from number and size of pieces he had. Said bacon was dry and well cured and worth $25 cents per pound.

That the army encamped about one and one half miles from place of taking, that night after the taking, that he went to their camps and was informed by a lieutenant, whose name he has forgotten, but says was either Gray or Graves, and belonged to a Kentucky regiment, who told claimant that they had taken his property and that it was a necessity which caused the taking, that they had been cut off from their supply train and had to forage on the country for subsistence and affiant believes it was taken for some purpose so necessary as to warrant and require the government to pay for it, and that all of said property belonged to him. [signed] Samuel H. Givens

Robert Calvert, witness for claimant as to property, who says that before the U.S. army under command of Brigadier General Croxton came into claimant’s neighborhood, claimant was in possession and was the owner of the property specified in this petition and that he believes that the price charged therefor is very reasonable. That after said U.S. army had passed claimant’s house said property was missing and that he was informed and believes that said property was taken by said Federal army. That said army was foraging upon the country through which it passed for supplies that he believes that such property was taken for the actual use of said U.S. army as they were on a raid and a long way from their base of supplies, and traveling through a very mountainous county without their supply train. That he believes that it was taken for some purpose so necessary as to warrant and require the government to pay for it. That he was informed and believes that it was the order of the commanding General for them to forage off of the country and that all of said property belonged to and was the property of claimant, Samuel H. Givens of Winston County, Alabama. [signed] Robert Calvert

Nathaniel Calvert, witness for claimant in behalf of property taken, who being first duly sworn says that he is twenty-seven years of age, resides about two and one half miles from Ryan’s Creek P.O., Winston County, Alabama and by occupation a farmer. Affiant says that he was at claimant’s house on the evening of the 16^th of April 1865. That he saw the property at claimant’s specified in his petition. That affiant and claimant left claimant’s house and went to the house of Robert Calvert. That when they arrived at said Robert Calvert’s house they was informed that the Federal Cavalry under General Croxton was coming. That claimant immediately returned to his residence that the next day affiant was again at claimant’s house and that said property so specified in claimant’s petition was missing and claimant informed affiant that said property was gone when he returned the evening before. Affiant further states that said Federal troops were foraging off of the county for subsistence and that it was taken for some purpose so necessary, that the government should pay for it and that all of said property belonged to and was the property of claimant, S.H. Givens, of Winston County, Alabama. [signed] N.W. Calvert

State of Alabama, Walker County: I, John Brown, Commissioner to take testimony in cases pending before “The Commissioners 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 Samuel H. Givens of Winston County, Alabama, the claimant in this cause, and as a witness, and James C. Harris, Robert Calvert, and Nathaniel W. Calvert, of Winston County, Alabama, as witnesses, and F.A. Gamble, as counsel, came before me at Jasper, Walker, County, Alabama on the 25^th day of January, A.D., 1872, the said witnesses to testify in behalf of Samuel H. givens, 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 answers of each of said witnesses were taken down; that after the same were carefully read over to said witnesses, I caused 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 25^th day of January, A.D., 1872. [signed] John Brown, Special Commissioner

Power of Attorney. Know all Men by these Presents, That I, Samuel H. Givens, of Ryan’s Creek, Winston County in the State of Alabama, have made, constituted and appointed, and by these presents do make, constitute and appoint David P. Lewis and Thomas C. Fullerton 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 or authorizations whatever in the premises, 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 do and perform all and every act and think 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, and to receipt and sign all vouchers, 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.

In witness whereof, I hereunto set my hand and seal, this twenty-fifty day of May, eighteen hundred and seventy-one. [signed] Samuel H. Givens. Witnesses: [signed] Robert Calvert and Richard H. Davis

Be it known, That on this 25^th day of May in the year eighteen hundred and seventy-one, before me, the undersigned, to me well known to be the identical person who executed the foregoing Letter of Attorney, and the same having first been read over to him and the contents thereof explained, acknowledged the same to be his act and deed, and that I have no interest present of prospective in the claim.

In testimony whereof, I have hereunto set my hand and affixed my seal of office, the day and year last above written. [signed] John Brown, Judge of Probate.