Remarks: Mr. Boteler was a farmer and resided in Winston County, Alabama. He took the Union side when secession was agitated; was once arrested by a Confederate conscript officer but managed to keep out of the army. Gave no aid to the rebellion and in 1863 joined a Union League in Alabama. From the evidence we think he adhered to the Union cause.

The property was taken by a detachment of General Wilson’s troops in March 1865 in Winston County. No receipt or voucher was given. We recommend the payment of $163. [signed] A.O. Aldis, Orange Ferriss, J.B. Howell, Commissioners of Claims.

To the Commissioners of Claims, (under Act of 3^rd March, 1871), Washington, D.C. The petition of Thomas Boteler, respectfully represents: That your petitioner is a resident of the county of Winston in the State of Alabama; that his post office is Clear Creek Falls in said county and State; and that at the time his claim and each item thereof as above set forth accrued he was a resident of the County of Winston and State of Alabama; that he is the original owner of said claim; that he has never sold, assigned or transferred the same or any part thereof to any person; that no mortgage, bill of sale or other lien of like nature has at any time rested upon it, or any part thereof, nor has it been attached or taken in execution; that the same has not been paid by the United States or any of their officers or agents, nor have the United States any legal offset against the same or any part thereof; that he is the sole owner of the said claim, no other person being interested therein; that said claim does not contain any charge for property which was destroyed or stolen by the troops or other persons; that the rates or prices charged are reasonable and just, and do not exceed the market rate or price of like stores or property at the time and place stated; all of which your petitioner states of his own knowledge.

Your petitioner further states that he is now and was at the time the several items of his said claim accrued, as stated therein, a citizen of the United States; that he remained a loyal adherent to the cause and Government of the United States, during the war of 1861 &c; and was so loyal before and at the time of the taking or furnishing of the property for which this claim is made.

And your petitioner further represents, and of his own knowledge states, that on the 25^th day of March, A.D., 1865, at his residence in the State of Alabama the following property or stores were taken from your petitioner for the use of the army of the United States, and for which payment is claimed, viz: 1 mule, 30 bushels of corn, 300 pounds of fodder, which said property or store being of the kind, quantity, quality and value above stated was taken by U.S. troops belonging to command of General Upton, Department of the United States Army, in the service of the United States, who, as your petitioner has been informed and believes was on a raid through under the command of General Wilson, who at that time had command of the United States forces in the District in which said property was taken.

And your petitioner further represents that he has been informed and believes that the said stores or property was taken from your petitioner as above stated and removed to Clear Creek Falls for the use of the said troops; that at the taking of said property, or store, no vouchers, receipt or other writing was given by the person taking the same as aforesaid or received at any time by your petitioner.

Your petitioner further states that the claim, within and above mentioned not been presented to any officer agent or department whatever.

State of Alabama, County of Winston: Thomas Boteler, 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] Thomas Boteler. Sworn to and subscribed before me this 22 day of August 1871. [signed] Hiram Underwood, J.P.

State of Alabama, County of Winston: To wit, I, A.B. Hays, Judge and Ex oficio, Clerk of the Probate Court in and for County and State aforesaid, hereby certify that Hiram Underwood whose name appears to the foregoing jurat, was at the time states in said jurat, a Justice of the Peace, duly authorized to administer oaths, and that the above is his genuine signature. I am not interested in this claim or its prosecution. [signed] A.B. Hays, Judge and Ex oficio, Clerk of Porbate Court

I expect to prove my loyalty by the following witnesses and others:

Richard Ellis, residing in Winston County

William Tucker, residing in Winston County

James Hilton, residing in Winston County

And also expect to prove the other facts alleged in the foregoing petition by

H.A. McCollum, residing in Walker County

Richard Ellis, residing in Winston County

William Boteler, residing in Walker County

My Post Office address is Clear Creek Falls, Alabama.

My Counsel is C.W. Bennett, Esq., whose Post Office address is Washington, D.C.

[signed] Thomas Boteler

That, by the following named persons, the Claimant expects to prove the taking or furnishing of the property for use of the army of United States:

H.A. McCollum, of Walker County, Alabama

Richard Ellis, of Winston County, Alabama

Phoebe Bennett, of Walker County, Alabama

James Boteler, of Winston County, Alabama

The Claimant now prays that the testimony of the witnesses just designated be taken and recorded, at such place and 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 23^rd day of February 1872. [signed] Thomas Boteler, [signed] C.W. Bennett, Attorney.

Before the Commissioners of Claims, Washington, D.C. Claim of Thomas Boteler of Clear Creek Falls in the County of Winston and State of Alabama numbered 8985.

It is hereby certified that on the 25^th and 26^th days of January 1876, at the residence of claimant, 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: Thomas Boteler, Claimant. James Ells, Charles M. Hinesley, Catherine C. Boteler, and James B. Boteler, Witnesses.

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 me attested at the time it was affixed to the deposition.

Witness my hand and seal this 26^th day of January 1876. [signed] John C. Moore, Special Commissioner.

1 – Thomas Boteler, 56 years of age and upwards. I reside in the County of Winston and State of Alabama and have so resided since the 25^th of December 1860. I am a farmer by occupation.

2 – I am the claimant.

3 – In the State of Maryland.

4 – On the 25^th of December 1860, I landed from the State of Texas to the Clear Creek Falls in the County of Winston and State of Alabama where I remained until the close of the rebellion. My business was that of farming until the surrender. I never changed by business from beginning to the end of the rebellion.

5 – There were on the side of the Union from the beginning to the end of the rebellion.

6 – I did not.

7 – I was.

8 – I voted against secession during the rebellion. I fed layouts and Union soldiers. I went and slept with them in the woods, to wit: Moses McCollum, Benjamin Boteler, Pink Brock, and others, and I lay out many nights and days alone to avoid Rebel service and I carried a dispatch from Benjamin Boteler to William Looney U.S. scouting and recruiting officer to inform them that the Rebel cavalry was in the country &c. None of these men aided was my relations except Benjamin Boteler.

9 – Most of my relatives live in the State of Maryland. I had one brother in the Union army toward the close. I don’t know in what command he belonged.

10 – I was not.

11 – Nothing more than before stated.

12 – I taken the Union side, voted against secession and done all I could to keep the State from seceding.

13 – I adhered to the Union cause from beginning to the end of the rebellion.

14 – On hearing of the Battle of Bull Run and Manassas I felt sorry and sad, but on hearing of the captured of New Orleans, the fall of Vicksburg and the final surrender of the Confederate forces, I was glad and rejoiced beyond expression.

15 – Nothing more than I was kindly treated by the Union element of the country.

16 – I don’t think I have; never been in office. I have taken the amnesty oath at Houston, Winston County, Alabama.

17 – A.J. Ingle, James Ellis, William Davison, W.A. Boteler, and Jesse Avery and many others. Some of them will be called to prove my loyalty.

18 – I was threatened, by the Rebs if I didn’t go to the Rebel army that my property would be taken. They did take some of my property, but I got it back again.

19 – I was arrested one time by a Confederate officer in the year 1863 by Lieutenant Fletcher acting as a Confederate scout and recruiting officer for the Rebs; gave me a furlough for 10 days; ordered me to report at Jasper, Alabama to be examined. I went to Jasper, was examined, and pronounced fit for service and gave a furlough for 60 days which lasted me to the end of the rebellion, 2 years and upwards.

20 – I only had one steer taken from me during the rebellion, and after I was arrested and received my furlough from Rebel authority they then paid me for my steer in Confederate money, thinking “as I supposed” that they had me on the dead, but I never returned to them any more during the rebellion. The Rebs also taken a mule from me, and through the preservations of some lady friends, I got my mule back.

21 – Nothing more than before stated.

22 – If I did, I don’t know it. I never aimed to do it.

23 – Nothing more than the Reb’s threats that if we didn’t go to the Rebel service that we should be treated as deserters and tories &c.

24 – I was not.

25 – I was not

26 – I did not.

27 – I did not.

28 – I was not.

29 – I was not.

30 – I did not.

31 – I did not.

32 – I did not.

33 – I was not.

34 – I did not.

35 – I did not.

36 – I had two brothers, James H. Boteler about 30 years of age rendering Rebel service. If alive, lives at Durhamsville, Tennessee; and Robert F. Boteler, 22 years of age on entering Rebel [service] who now lives with me. I don’t know what I said to James, but I tried to keep Robert from going. I contributed nothing to their outfit and support.

37 – I have not.

38 – I don’t nothing for which I needed any pardon by the President.

39 – I did not.

40 – I was not

41 – I was not

42 – There was not.

43 – There was not.

44 – I always voted during the war for candidates against secession. I had no vote for the ratification of the Ordinance of Secession nor for or against separation in my State.

45 – I did not.

46 – I was not. I escaped by lying out and dodging about and staying at home &c &c.

47 – I was not.

48 – I did not.

49 – I was not.

50 – I was not.

51 – I never was.

66 – I was. I paid my own money for it and made it my own industry.

67 – It was taken from my residence situated on my farm in the County of Winston and State of Alabama near Clear Creek Falls. My farm contained 160 acres. The year before the Raid came through the country I cultivated about 35 acres in corn, 125 acres was woodland, 5 acres might be called wasteland.

68 – I never have filed a petition in bankruptcy, neither have I ever been declared a bankruptcy.

72 – I did not see any of the property charged in this claim taken. I left home in the evening and left the property all there when I left. Come home next morning. The U.S. troops had been there and all of said property was gone. I am fully satisfied that said troops taken said property.

73 – My family said the property was all taken in the daytime.

74 – My wife said that she begged the officers not to take the property. They replied that they had to take it or starve; that they needed it for the use of the army.

75 – None was for or given as I ever heard of.

76 – There has not. There has not. There has not. It has not.

77 – It was taken by troops on the march.

78 – As before stated, I did not see any of said property taken, but I am satisfied it was all taken, that is charged in said claim and more too.

79 – The mule was about 9 years old, sound, and in good plight sound, and of large size, was a good work and saddle mule and at the time taken was worth $150 in U.S. money. They caught the mule and led it off toward the camp on the march (as my family said). I had measured and put back in my crib 20 bushels of corn, for bread corn. I had left a pile sufficient to feed my horse on, until I could make my crop, besides I had shelled, measured, and put in a sack 3 bushels corn for the purpose of going to mill, besides I had just brought home 4 bushels of meal. They taken all the corn I had except ½ bushel and they taken all the meal except ½ bushel. My family said they went to the crib and kitchen house and packed off the meal and corn toward camp on the march. There was 30 or more bushels of corn and meal, and at the time taken, was worth $1.00 per bushel in U.S. money. Said troops also taken 800 binds fodder. It was good dry fodder. I had just hauled it and put it into the crib. My family said they went to the crib to the fodder and packed it off to camp on the march. The fodder at the time taken was worth $2 per 100 binds in U.S. money. All of said property was taken by a portion of Wilson’s corps commanded by General Upton, on or about the 25^th day of March 1865. It was said that 200 or more troops came to my house and were all mounted and that no wagons and teams were in the squad that come to my house. It was said that officers were present but they knew not their names; knew them by their stripes. When I returned home next morning after the troops had left, I found all of said property gone and the manner and way they told me. The troops taken said property caused me to think it was taken by the order of the officers in command and was for the necessary use of the army of the U.S. [signed] Thomas Boteler. [signed] John C. Moore, Special Commissioner.

1 – James Ellis, 49 years of age. I reside in the County of Walker, State of Alabama and have so resided since the year 1861. I am a farmer by occupation.

2 – I am no kin to the claimant and not interested in the success of his claim.

52 – In favor of the claimant.

53 – I have been intimately acquainted with the claimant since June 1859.

54 – I lived part of the rebellion in 4 miles of him; the remainder of the rebellion in 8 or 9 miles of him.

55 – I met him many times, can’t tell how often.

56 – We met and talked about the war many times; its causes and affects and results, &c, &c. He was [in total] opposed to the war on all occasions that I ever heard him converse about it.

57 – I know that he fed me while I was lying out trying to avoid Rebel service and told me if I wanted to lay out around him that I could do so. That he had plenty to feed me on. This was near Clear Creek Falls in Winston County, Alabama in the year 1864. In the fall of 1863, I initiated him into the Union League.

59 – I never heard him of saying or doing anything against the Union cause and never heard of him saying or doing anything for the Rebel cause.

60 – It was loyalty to the U.S. Government. I heard anybody that spoke of him speak of him as such, to wit: Moses McCollum, Charles Hinesley, Silas B. Ray, and Judge James Hilton, William Tucker, Jesse Avery, and others. His neighbors, they can and will testify if necessary to claimant’s public reputation.

61 – W.A. Boteler, Jesse Avery, Walks Avery, Moses McCollum, H.A. McCollum, and Hon. C.C. Sheets. They can testify to claimant’s loyalty.

62 – I was. He did. He knew it by my acts and deeds. He knew I initiated him into the Union League. HE knew that I went into the Union line. (He advised me to go) and he knew that I piloted Union men through into the Union lines and he knew he fed me while I was at such business.

63 – Nothing more than I have heard the Rebs swear that if such men as claimant did not quit their talk against the Confederacy that they would burn them out and treat them as Tories and deserters.

64 – The above named acts and his public reputation as a Union man would have prevented him from establishing his loyalty to the southern Confederacy.

65 – I know that claimant and others formed a company during the rebellion to keep the Rebs out of this section of country. [signed] James Ellis, [signed] John C. Moore, Special Commissioner.

1 – C.M. Hinesley. I am 43 years of age. I reside in the county of Winston and State of Alabama. I have so resided 17 years. My occupation is that of a farmer.

2 – I am no kin to the claimant and not interested in the success of his claim.

52 – In behalf of the claimant.

53 – I have known the claimant since the year 1860 intimately

54 – I lived during the rebellion from 3 to 4 miles of him.

55 – I met him frequently, can’t tell how often.

56 – I talked with him about the war, its causes and results. He never on no occasion expressed himself other than being opposed to the rebellion in [total].

57 – During the rebellion he and I met together with other Union men as much as twice or more to consult together as to what was best for us to do (as Union men) and to arrange matters so as to break up the Rebel Post at Jasper in Walker County, Alabama.

58 – I do not.

59 – I never heard of him saying or doing anything for the Rebel cause and I never heard of him saying or doing anything against the Union cause.

60 – His public reputation was that of loyalty to the U.S. I heard of James Ellis and Richard Ellis speak of him as such. Riley Cole, Jesse Avery, Andrew McCullars and many others of his neighbors can testify to his public reputation.

61 – The above named, W.A. Boteler, Moses Bryant, Moses and Harvey McCollum, his neighbors during the war can and will “as I think” testify to claimant’s loyalty.

62 – I was. He did. He knew that I went into the Union lines to escape Rebel service, and he knew that I lay out in the woods under General Green for 12 months to escape Rebel service and he knew by my talk, actions, and deeds.

63 – I can’t say I do. He in common with other Union men of this county was generally threatened by the Rebs.

64 – I know that he and I belonged to the Union League and the fact of us meeting together to break up the Post at Jasper was sufficient cause to have prevented him from establishing his loyalty to the southern Confederacy.

65 – I can’t say that I can more than I have stated, except I know of my own knowledge that he was a genuine Union man from beginning to the end of the rebellion. [signed] C.M. Hinesley, [signed] John C. Moore, Special Commissioner

1 – Catherine E. Boteler, 29 years of age nearly. I reside with the claimant, my father in the County of Winston, State of Alabama; have so resided since they year 1860. My occupation is that of assisting in attending to the house affairs.

2 – The claimant is my father. I am not interested pecuniary, in the success of his claim.

72 – I was present at my father’s house when the mule was taken. I did not see them take the mule, but I saw them take the corn and fodder named in said application.

73 – It was all taken in the day time.

74 – Mother made complaint to the officer that if they taken all the property that we would be obliged to suffer. The officer replied that they were obliged to do it, that it was needed for the use of the army.

75 – No voucher or receipt was asked for or given for the property taken.

76 – There has not. There has not. There has not. It was not. If so, I am not apprised of it.

77 – It was taken by troops on the march.

78 – As before stated, I was at home when the mule was taken; know it was there, but I didn’t see it taken. I saw the corn and fodder taken.

79 – I don’t know anything about the age of the mule; it was good, large size in fine fix, a good work and saddle mule, and at the time taken it was worth $150 in U.S. money. I can’t say how much corn there was in the crib. I know there was a good chance of corn in the crib and at the time taken it was worth $1.00 per bushel in U.S. money. They also taken fodder from us. I don’t know how much, but I have no doubt they taken the amount set forth in said application and at the time taken the fodder was worth $2.00 per 100 binds in U.S. money. Said troops [prized] up the crib, taken the corn and fodder and packed it off toward camp on the march. Said property was taken by the troops of Wilson’s Corps commanded as was said by General Upton, on or about 25^th day of March 1865. In the squad that come to our house, we supposed 2 or 300 troops all mounted. Officers were present, one of them said to me he was an officer, showed me his stripes on his shoulders. I told him they were Rebs, that Yankees would treat us as they had, that they were only trying to fool us &c. One of them replied to me that he believed I was a right smart little Yankee myself. Officers being present at the taking of said property led me to think that it was taken by the order of the officers in command and was for the necessary use of the army of the U.S. [signed] C.E. Boteler, [signed] John C. Moore, Special Commissioner.

1 – James B. Boteler, 27 years of age and upwards. I reside in the County of Winston, State of Alabama and have so resided since the year 1860. I am a farmer by occupation.

2 – The claimant is my father. I am not pecuniary interested in the success of his claim.

72 – I was present at my father’s house when said property was taken. The mule was near the house with a bell on. The bell was taken off and threw down in the yard or near thereto and the mule was taken off when the troops left. I saw the troops taking the corn and fodder.

73 – The property was taken in the daytime between sundown and dark.

74 – If any complaint was made about the taking of the property, I never heard it, as I now remember.

75 – None was asked for, none was given.

76 – There has not. There has not. There has not. It has not. If so, I don’t know it.

77 – It was taken by troops on the march.

78 – As before stated the mule was near to the house with a bell on when the troops come and when they left the mule was gone and the bell was threw down near to the house. I am fully satisfied that they did carry the mule off. I saw said troops taken the corn and fodder.

79 – The mule was fine and large, 9 years old in good fix, a good work and saddle mule and at the time taken was worth $150 in U.S. money. The troops prized up the crib and taken out the corn and fodder and I am fully satisfied that there was 30 bushels and more corn taken by said troops and at the time taken it was worth $1.00 per bushel in U.S. money. There were as well as I recollect 800 binds good fodder and at the time taken it was worth $2.00 per 100 binds in U.S. money. Said troops taken said property mentioned in said claim and packed it to camp on the march near Clear Creek Falls. All of said property was taken by a portion of Wilson’s Corps commanded by General Upton “as was said” on or about 25^th March 1865. There was 2 or 300 troops all mounted. Officers were present. I knew them by their stripes, not by name. They said they needed the property for the use of the army. Officers being present at the taking of the property led me to believe that said property was taken by order of the army officers and was for the necessary use of the army of the U.S. [signed] J.B. Boteler, [signed] John C. Moore, Special Commissioner.

The United States, to Thomas Boteler: For the amount allowed him by Act of Congress, Private No. 70 approved March 3^rd 1877, entitled “An Act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3, 1871:” The sum of $163 payable in care of C.W. Bennett, Washington, D.C. Treasury Department, Second Comptroller’s Office, 3 Apr 1877, [signed] H. Spalding, Clerk. Treasury Department, Third Auditor’s Office, 20 Mar 1877, [signed] J.W. Clark, Clerk.

Note: Thomas Boteler was born 1 Aug 1819 – 10 Jan 1885; buried New Hope Baptist Church Cemetery (Kelly Mill).