Wyatt D. Cheatham's Claim


Submitted by Robin Sterling


Southern Claims Commission File

for

Wyatt D. Cheatham (2642) Allowed

Items Claimed

Amount Claimed

Amount Allowed

Amount Disallowed

One yoke of oxen

$100

$100

 

500 pounds of bacon

$125

$100

$25

2 bushels of corn

$4

$2

$2

One bushel of meal

$2

$1

$1

Totals

$231

$203

$28

 

Remarks: Mr. Wyatt is about 67 years of age; a farmer and resident of Walker County, Alabama. He was most unquestionably a loyal man; opposed secession; talked against it; was known and recognized as a Union man; denounced by the Confederates as a Tory and frequently threatened on account of his Union sentiments. Our agent after investigation reports him loyal. The property charged was all taken from claimant in March 1865 by a squad of soldiers belonging to General Wilson’s command. No voucher was given and no payment made. In March ’65 bacon was 25 cents per pound, corn 20 cents per pound. We recommend payment of $203.

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

The Petitioner of Wyatt D. Cheatham of Holly Grove, Walker County, Alabama respectfully represents:

That he is a citizen of the United states and resided at present in Walker County, Alabama.

That he has a claim against the United States for property and provisions taken: oxen, bacon, corn, meal, as hereinafter stated and used by the U.S. Army as follows:

1 yoke oxen ($100); 500 pounds bacon ($125); 2 bushels corn ($4); 1 bushel meal ($2); total: $231

That all the items in the above schedule were of the full value therein set forth and were taken from [the] residence of your petitioner for the use of and were used by the United States army for General Wilson’s men on their march south to Selma, Alabama. The bacon was taken from the residence of the petitioner’s and carried south by General Wilson’s men. This fact he states from his own knowledge and the meal was taken from Isham Guttery’s mill on the information of said Isham Guttery by said command an used near the residence of your petitioner on the 26th day of March 1865.

That no voucher, receipt or other writing was given therefor by the persons taking the same as aforesaid or received by or taken by your petitioner.

That your petitioner resided at the time and said claim accrued in Walker County, Alabama.

That Wyatt D. Cheatham was the original owner of said claim, and that your petitioner is the present owner of the same.

That your petitioner remained loyal 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.

That said claim has not before been presented to any department of the government for adjustment or to Congress.

That Stilson, Bundy & Webster, of Washington, D.C., are hereby authorized and empowered to act as his Attorneys 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] Wyatt D. Cheatham; Witnesses: [signed] William Randolph and D.S. Stovall.

State of Alabama, County of Walker: I, Wyatt D. Cheatham of Holly Grove, being duly sworn, deposes and says, that he is the petitioner named in the foregoing petitioner, 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] Wyatt D. Cheatham, Witnesses: [signed] William Randolph and D.S. Stovall

Sworn and subscribed in my presence, the 5th day of June 1871 [signed] John Brown, Judge of Probate

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

James Hogan, Kansas, Walker County, Alabama

William Y. Norris, Larissa, Winston County, Alabama

Isham Guttery, Holly Grove, Walker County, Alabama

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

Houston Alvis, Holly Grove, Walker County, Alabama

Louis W. Cheatham, Larissa, Walker County, Alabama

Post office address of claimant: Holly Grove, Walker County, Alabama

Before the Commissioners of Claims:

In the matter of the Claim of Wyatt D. Cheatham of Holly Grove, in the County of Walker and State of Alabama.

Comes now the claimant, and represents that he has heretofore filed with the above-named Commissioners a Petitioner for the allowance of a claim for property taken for the use of the Army of the United States.

That the said claim, stated by items, and excluding all such items in the aforesaid petition as are now believed to 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:

1 yoke oxen ($100); 500 pounds bacon ($125); 2 bushels corn ($4); 1 bushel meal ($2); total: $231

That, as stated in the Petition referred to, the property in question was taken from Wyatt D. Cheatham of Holly Grove, Walker County, in the State of Alabama, for the use of a portion of the army of the United States, known as General Wilson’s Cavalry and command by General Wilson’s Cavalry and commanded by General James H. Wilson, and that the person who took or received the property, or who authorized or directed it to be taken or furnished, were the following: men belonging to the command of General James H. Wilson whose names are unknown to your petitioner.

That the property was removed to the army on the march and used for or by them to transport men and supplies and subsist troops and animals of the U.S.A.; all this on or about the 27th day of March, in the year 1865, as appears by the Petition presented to the Commissioners.

That the Claimant is unable to produce the witnesses hereafter to be named before the Commissioners at the City of Washington for and because of the following reasons, to wit: by reason of the smallness of the claim and the poverty of the claimant.

That the following are the names of the witnesses, their respective places of residence, the points most convenient for the taking of their testimony, and separate, full and detailed statements of what each particular witness is expected to prove; all matters of time, place and circumstance being set forth as explicitly as is possible:

By Louis W. Cheatham of Larissa in the County of Winston and State of Alabama whose testimony should be taken at or near Larissa in the State of Alabama, the Claimant expects to prove that he well knew the yoke of oxen taken from the claimant by a detachment of men of General James H. Wilson’s command on the 27th day of march 1865; that said oxen were very large and of fine quality and worth the sum of $100 at the time and place so taken; that he was an eye witness and saw said detachment of men take the oxen and bacon and corn and meal, charged in claimants account; that he thinks the quantity of each article as charged is not greater than the quantity actually taken, and that the price therefor is not above the market price for the same class of stores at that time and place. That he himself drove said oxen for several days for said detachment who took the same and that he hauled with said oxen the bacon, corn and meal taken from said Wyatt d. Cheatham together with a large quantity of other stores collected and taken in that same neighborhood which stores were issued to and consumed by the men of General Wilson’s command as rations during their march south; that when he left said command at Jefferson County, Alabama said oxen were then left in the possession of said detachment of soldiers.

By Newton Alvis of Holly Grove, Walker County, Alabama he expects to prove the same facts as by the last witness as above stated, (except that he did not drive said oxen).

By James Hogan, of Kansas, Walker County, Alabama; William Y. Norris of Larissa, Winston County, Alabama; and Isham Guttery of Holly Grove, Walker County, Alabama, he expects to prove that they all well knew Wyatt D. Cheatham, the claimant, and know that he was loyal to the Union and government of the United States both before, during, and since the war, and that all through the war when men in that neighborhood and where claimant lived had to avow themselves on one side or the other. The claimant was well known as a warm and reliable friend of the Union.

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

Submitted to the Commissioners of Claims under the Act of Congress of March 3, 1871, on this 31st day of July 1871 [signed] Wyatt D. Cheatham, Claimant; Stilson, Bundy & Webster, Attorneys

Wyatt D. Cheatham, 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 18th day of November, A.D. 1871, I, Robert P. Baker, have called and caused to come before me at Larissa, in the County of Winston, and State of Alabama, on the 19th day of March, A.D., 1872, Wyatt D. Cheatham (claimant), Lewis W. Cheatham, Robert T. Cheatham, Paul Ingle and Isaac Cagle, witnesses in behalf of the claimant in the cause now pending before said Commissioners in the City of Washington, in which Wyatt D. Cheatham, of Walker County, Alabama, is claimant, and the United States is defendant.

The said Wyatt D. Cheatham, being first duly sworn, says, in answer to the Interrogatories propounded to him, says that he is sixty-five years of age and a resident of Walker County, Alabama and a farmer by occupation.

1 – I was at home and remained on my plantation.

2 – I still remained on my place.

3 – No, sir.

4 – No, sir.

5 – I have. I took it directly after the surrender—don’t recollect by whom administered. (I think it was John Cunningham, Esq.) My object in taking it was to be placed in a correct position. I regarded it as good to me “as sweetened coffee.”

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. I was never arrested by any United States officer or soldier.

18 – Captain Bibb, of Hewlett’s Rebel battalion, took from me one horse, Moore, who was scouting around the country took two rifles from my house. They destroyed my bee gums, Watley’s Rebel company, and many other articles was taken from time to time as they were passing. I never received any pay from them for any articles taken by them.

19 – Captain Watley’s command came to my place and threatened that if I did not produce my boys and steers that they would hang me inside of three days, but I never produced either, this was in1863, and at other times of being burnt out. They styled me a d___d old southern Tory. My boys were shot at frequently—one was shot in the hip and breast, and when seen by parties who shot him he was allowed to be taken to my house until he got well, when he again took to the woods.

21 – Done nothing but feed United States soldiers and parties laying out, which I done with pleasure, and assisted them in getting to the Union lines.

23 – I had three sons, James Wyatt, Peter H., and Jonathan E. Cheatham conscripted and put in Major Hewlett’s command. They deserted in about four weeks afterwards. I helped fix them up prior to starting in clothing and gave them a few dollars, but never afterwards while in service did I give them anything.

24 – I never owned any Confederate bonds, and never contributed to the support of the so-called Confederate states.

25 – No, sir.

26 – No, sir.

27 – No, sir.

28 – No, sir.

29 – No, sir.

30 – No, Sir. Not during the war, but prior to the war have been postmaster, Justice of the Peace and Militia Captain.

31 – No, sir.

32 – No, sir.

33 – At the beginning of the war, I sympathized with the Union, and acted in concert with it as far as opportunity offered. In the fall of 1861 for representative to the state convention, I voted for the Union candidate, Robert Guthrie, and have voted the Union ticket ever since when opportunity offered. After the adoptions of the secession ordinance, I still adhered to the Union, and when they commenced blockading southern ports, I told them they would blockade their stomachs, which sure enough they did.

34 – It was. I never did. I was and did so, on all occasions when opportunity offered.

[signed] Wyatt D. Cheatham

Paul Ingle called to prove loyalty, after being duly sworn, doth depose and say that he is forty-four years of age, and a resident of Winston County, and by occupation a farmer. I have been acquainted with claimant as long as I recollect anything, and particularly intimate during the war. I resided about nine miles distant and met him on an average of once a month, and conversed freely in reference to the war and its causes and progress. (Affiant was a Union man and so regarded by claimant). Our conversation was generally in private. His sentiments were strongly Union as was also his acts. He regarded secession as wrong and ruinous and would ruin the country and the people who participated in it. I know his sympathies by our conversation, and I regarded him as strictly honest in his sentiments. He always exerted his influence in favor of the Union, as far as I know. I don’t know that he voted for the Union candidate at the election for Representative to the State Convention in the fall of 1861, but he informed me that he did, and I believe he did. I do not know that he had any near relatives in the Union army. He had two sons forced into the Rebel army. They remained some four or six weeks when they deserted and returned home, and joined the party who laid out to evade Rebel scouts and conscript agents. I don’t know that he ever owned any Confederate bonds or that he ever done anything to support the credit of the Rebel government but am satisfied that he did not. He was regarded as a strong Union man by everyone who knew him, both friends to the Union and those opposed to it. He was styled a d___d old Tory by the Rebels. Had the Rebels been successful in establishing a separate government, I do not think that he would have been allowed to remain among them, in fact they said that he should not remain among them. [signed] Paul Ingle

Isaac Cagle, called to prove loyalty, after being duly sworn doth depose and say that he is a resident of Walker County, Alabama and thirty-nine years of age, and by occupation a farmer. I have been acquainted with claimant for upwards of twelve years, and resided a distance of five miles from him, and met him on an average about once a week throughout the entire war, and conversed with him in reference to the war and its causes. (Affiant was a Union man and so regarded by claimant). Our conversation was sometimes in public and at other times in private. His conversation and actions was always in favor of the Union and opposed to secession. After the Secession Ordinance had been adopted, I never noticed any change in his conversation. I have heard him threatened to be hung on account of his being a Union man. Captain Guthrie of the Rebel army was one of the party who threatened him. I do not know that he ever owned any Confederate bonds or done anything to support the credit of the so-called Confederate states. I think I am safe in saying that he did not, as he was too bitterly opposed to it and them. Claimant bore the name of a Union man all through his county, and elsewhere where known, both by the loyal men and the enemies of the United States Government. He had two sons forced into the Rebel army, but both deserted in a very short time. I know that he had no near relatives in the Union army, but that his two sons who had deserted tried on two occasions to join the Federal army in company with myself and after reaching a distance of about seven miles outside of their lines, we were cut off and obliged to return home and continue laying out to evade Rebel agents and scouts. If the Rebels had been successful in establishing a separate government, I do not think that they would have allowed claimant to remain anywhere in their dominions. [signed] Isaac Cagle

Wyatt D. Cheatham, recalled in reference to property states that upon the arrival of General James H. Wilson, who was in March 1865 making his raid through this section and while passing my place his men took one yoke of oxen and my son, Louis D. Cheatham, who was then using them in hauling rails, they took him with the command in order that he might drive the oxen and take charge, and I never knew that there was any charge against him that caused them to take my son with them. They used my boy and ox team in taking the bacon that they took from my place, which was taken from the smoke house and loft. I think that there was at least five hundred pounds in weight and was valued at the time at twenty-five cents per pound. My only reason for stating that there was five hundred pounds was from bulk taken, as none had been weighed, but having been engaged in farming for quite a number of years and putting down my pork annually, I consider that my estimate was as nearly correct as possibly could be without weighing. About two bushels of corn was taken, also one bushel of meal from the mill, which was worth two dollars per bushel. The corn had been placed in the mill by my son to be prepared and made into meal. The property taken was carried off in the ox cart and some of the bacon placed on the saddles of horses being ridden by the men, and carried to their camps. There was an officer in command of the party who took my property. I made no objection to their taking what they did, as I was glad to see them. They said that they were obliged to take it, and that if they did not the Rebels would, and they were taking it to starve out the d___d rebellion. I think they took the property to their camps as they started in the direction of their camps with it. I never went to their camps and saw none of it being used. I don’t know whether there was any necessity for taking the property, but I suppose they had an object in taking it, and I regard that they had orders to take what they did for the benefit of the service, and in view of this fact I regard that it should be paid for by the general government. I had about five hundred acres of land in my plantation at that time and some ten acres was all that I cultivated, but before the war I cultivated some hundred and twenty-five acres, which would average about fifteen bushels per acre, worth about one dollar per acre, and taxed at about the same now. I have never heretofore presented a claim for any of the above specified articles. [signed] Wyatt D. Cheatham

Lewis W. Cheatham, called to prove property, after being duly sworn doth depose and say that he is twenty-three years of age and a resident of Winston County, Alabama and a farmer by occupation. In March 1865, upon the arrival of General James H. Wilson’s command in Walker County, Alabama, he camped within three miles of claimant’s (my father’s) place, while passing they took two steers that were hitched to a wagon and used in hauling rails, and arrested me and carried me to their camps and kept me until the next morning when they broke camp and moved on to Elyton carrying me with the oxen. When we were within eight miles of Elyton, I slipped off from them and returned home and they went on with the oxen with their command. They took me I suppose to drive the oxen as I know of no charge that they had against me. The oxen were seven or eight years old and worth fifty dollars each. Prior to breaking camp they visited claimant’s place and took about five hundred pounds of bacon. I don’t know the value per pound. The bacon was taken part from the loft and part from the smoke house. I don’t know that there was five hundred pounds. I hauled it for them to their camps and when I returned home claimant told me that they had taken about five hundred pounds. Corn was taken from the mill and also some meal—don’t know how much corn or meal as I did not see it taken and all I know concerning the two last specific articles is what was reported to me. The pork I hauled the bacon to their camps and saw them use a portion of it. There was a commissioned officer that took charge of me and the ox team and ordered me to take the meat in my wagon to camp. I do not know that there was any necessity for taking the property. I don’t know that they were short of rations or not. But know that what they did take was for the use of the service and think the United States Government ought to pay for it. [signed] Lewis W. Cheatham

Robert Taylor Cheatham, called to prove property, after being duly sworn, doth depose and say that he is twenty-three years of age, and a resident of Walker County, and a farmer by occupation. In March 1865, on the arrival of General Wilson’s command, they took from claimant one yoke of oxen, and also his son to take charge and drive them and after camping, which was about three miles distant, they returned with a squad of men and took from the smoke house and loft about five hundred pounds of bacon, don’t know its price per pound, which they loaded in the wagon and compelled my brother to carry it off with the oxen and wagon. My reasons for supposing that there was five hundred pounds was that we had killed some sixteen hogs from the pen, besides others that was killed in the woods, and judging from amount used, and having sold none, then could not have been less than five hundred pounds but I think considerably more, but as it was not weighed and to keep within bounds of my oath I will say five hundred pounds. About two bushels of corn was taken from the mill. I took it to the mill myself is the reason that I know that there was two bushels. About one bushel of meal was also taken. The property taken was carried off in the ox wagon and some packed on horses and taken to their camps. I was not at their camps while they remained, but remained at home with claimant. I do not know that there was any necessity for taking what they did. There was an officer present when the above specified property was taken—don’t know the rank, and I think what was taken was taken by order and for the benefit of the service, and such being the case claimant should be paid for it. The oxen were seven and eight years old and worth fully fifty dollars each. I saw him (claimant) offered eighty dollars in gold for them and refuse it. They were very large oxen and very fine ones. [signed x his mark] Robert T. Cheatham

State of Alabama, Winston County: I, Robert P. Baker, Commissioner to take testimony in cases pending before “The Commissioner of Claims,” now pending before them against the United States, and as Notary Public in and for the County of Morgan and State of Alabama, do certify, that Wyatt D. Cheatham, of Walker County, Alabama, the claimant in this cause, and as a witness, and Louis W. Cheatham, Robert T. Cheatham, Isaac Cagle, and Paul Ingle of Winston and Walker Counties as witnesses, came before me at Larissa, Winston County, Alabama on the 19th day of March, A.D. 1872, the said witnesses to testify in behalf of Wyatt D. Cheatham, 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 9th day of April A.D. 1872 [signed] R.P. Baker, Special Commissioner, &c.

No. 2642: Claim of Wyatt D. Cheatham, Walker County, Alabama for $231. In the above case, I have failed to find any disloyal expressions or actions of the claimant during the war. Claimant had three sons that volunteered in the Rebel army and all deserted in eight weeks and the claimant hid them and fed them and others that had deserted the Rebels. I have interrogated all of claimant’s neighbors and could elicit nothing against his loyalty. His reputation is good. [signed] Enos Richmond, Special Agent. Jasper, Alabama, May 12th, 1874

The United States to Wyatt D. Cheatham of Alabama. For the amount allowed him by Act of Congress, Private No. 71 approved March 3, 1875, 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:” $203. Payable in care of Stilson, Bundy & Webster. Treasury Department, Second Comptroller’s Office, March 23, 1875 [signed] H. Spalding, Clerk. Treasury Department, Third Auditor’s Office, March, 1875 [signed] M.F. Allen, Clerk


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