Printed text from preprinted forms is in italics.  Handwritten or typed text is in bold. Questionable transcription and transcriber’s comments are included inside [brackets]  Page breaks are indicated by **********

Transcribed by D. Todd, August 1, 2002

Names Mentioned
 

Burge T. W. Burge Burchfield J.R. Burchfiel J.R. Burchfield  Crowder James T. Crowder Givens Anderson Givins James Givins Jas Givens Hartsell C. R. Hartsell Hicks A.T. Hicks

Jenkins Col. Jenkins McLemore John McLemore Robinson J R  Robinson Jas. R. Robinson Saffell Stephen Saffel Stephen Saffell Seigles Lieut. Seigles Lt. Seagles Sherman Sherman’s Army

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No. 15961 Aug 27/12
PETITION
of
Burchfiel, J. R. Admin. of the estate of James Givins, ‘decd.
of
Monroe County, State of Tennessee.
For One Mare
$125.
Filed By T. W. Burge of Madisonville, Monroe County, Tennessee.

**********
PETITION.

To the Commissioners of Claims,
Under the Act of Congress of March 3, 1871, at Washington, D.C.
The Petition of (1) J. R. Burchfiel Admn. etc. of the estate of James Givins deceased respectfully
represents:

That he is a citizen of the United States, andresidesat present at or near (2) Madisonville, in the county
of Monroe State of Tennessee and that the said decedent resided when this claim accrued at or near
(3) Madisonville Tennessee.

That he has a claim against the United States for property (4) taken for the use of the army (5) of the
United States during the late rebellion off of the premises of the said decedent, 3 miles South of
Maidsonville, in the county of Monroe, and State ofTennessee.

That the said claim, stated by items, and excluding any and all items of damage, destruction, and loss,
(and not use,) of property; of unauthorized or unnecessary depredations by troops and other persons
upon property, or of rent or compensation fo rthe use or occupation of buildings, grounds, or other real
estate, is as follows:

No. of Item. 1
Quantities and Articles. One bay mare about 7 yrs. Old and about 15 hands high
Value. Dolls. 125    Cts. 00
Total, $125.00

Note: 1. Give full names of all the petitioners.  2. Give the residence of each petitioner.  3. Give the
former residence of each petitioner.

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That the property in question was taken or furnished for the use of a portion of the army of the United
States, known as (6) Sherman’s Army and commanded by Lieut. Seigles and that the persons who took
or received the property, or who authorized or directed it to be taken or furnished, were the following:

Name. Seigles
Rank. Lieut.
Co.[blank]
Regiment, Corps, or Station.  Shermans Army

That the property was removed to (7) Tellico Plains, Monroe Co. Tenn. and used for or by (8) said
Seigles command all this on or about the [blank] day of December, in the year 1863

That (9) no voucher, receipt, or other writingwas ever given for the property. That your petitioner
believes that the property described was (10) taken under the following circumstances, or one or more
of such circumstances, viz:

1. For the actual use of the army, and not for the mere gratification of individual officers or soldiers
already provided by the Government with such articles as were necessary or proper for them to have.
2. In consequence of the failure of the troops of the United States to receive from the Government in the
customary manner, or to have in their possession at the time, the articles and supplies necessary for
them, or which they were entitled to receive and have. 3. In consequence of some necessity for the
articles taken, or similar articles, which necessity justified the officers or soldiers taking them. 4. For
some purpose so necessary, useful, beneficial, or justifiable as to warrant or require the Government
to pay for it.  5. Under the order or authority of some officer, or other person connected with the army,
whose rank, situation, duties, or other circumstances at the time authorized, empowered, or justified him
in taking or receiving it, or ordering it to be taken or received.

That (11) James Givins decd. of Madisonville, Monroe County Tennessee was the original owner
of said claim, and that J. R.  Burchfiel Admn. etc. of the same place is the present owner of the same
(12) together with the heirs of said decedent.

That your petitioner and decedent remained loyally adherent to the cause and the Government of the
United States during the war, and were so loyal before and at the time of the taking of the property for
which this claim is made; and he solemnly declares that from the beginning of hostilities against the
United States to the end thereof, their sympathies were constantly with the cause of the United States;
that they never of theirown 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 they were at all times
ready and willing, when called upon, or if called upon, to aid and assist the cause of the Union, or its
supporters, so far as their means and power, and the circumstances of the case, permitted.  Petitioner
only takes the above oath for the decedent as to loyalty from information and belief.

Note 6. Describe the organization as fully and particularly as possible.  7. State as well as can be done
the place to which the property was conveyed.  8. State, as fully and minutely as possible, the particular
persons or commands using the property, and to what particular uses it was applied or intended to be
applied.  9. If any vouchers or written papers were given, attach the original or copies, or state where
the originals are to be found, and give the substance of them.  10. “Taken” or “furnished.”  11. The
loyalty of the owner of the property when taken or furnished, and of all persons having a present
beneficial interest in the claim must be established by proof.  12. [unreadable]

**********

That said claim has [blank] before been presented to (12) some Department for pay, but Department
not known to Petitioner, but verily believes that the same has never been paid or any part
[money?] that he believes said claim has never been acted upon by any Department.

That T.W. Burge, of Madisonville Monroe County, Tennesee is hereby authorized and empowered
to act as Attorney for the prosecution of this claim.

Attest.
C R Hartsell                  J. R.  Burchfiel Adm. etc.
A. T. Hicks

ss.
State of Tennessee
District of East Tenn.
(15) J. R.  Burchfiel Admn. etc.

Being duly sworn (16) [blank] deposes and says, that he is [blank] 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, expcet 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 nor the decedent 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 they never voluntarily furnished any stores, supplies.
Or other material aid to said Confederate army or navy, or to the Confederate governemnt, or to any
officer, department, or adherent of the same, in support thereof, and that they never voluntarily accepted
or exercised the function sof any office whatsoever under, or yielded voluntary support to, the said
Confederate government.  As to the decedent the above is stated on information and belief.

J. R.  Burchfiel Admn. etc.

Witnesses:
C. R.  Hartsell
A. T.  Hicks

Sworn and subscribed in my presence, the 20th day of August 1872.
(17) J R  Robinson U.S. Comm
Circuit Court East Tenn

Names and residences of witnesses who will be relied upon to prove loyalty:
Anderson Givins of Monroe Co. Tenn.
James T. Crowder of Monroe Co. Tenn.

Names and residences of witnesses who will be relied upon to prove the other facts alleged in the
foregoing petition:
John McLemore of Monroe Co. Tenn.
Stephen Saffell of   “   ”   “

Note 13. If the claim has heretofore been presented to any branch of the Government, state when and
where presented, and what action was taken upon it.  14. Claimants sign here.  15. Give the names of
all the petitioners.  16. If more than one petitioner, insert the words, “each for himself,” and in the next
line insert, “one of,” in the proper blanks.  17. Any official empowered to administer oaths may certify
this deposition.

**********

No. 15961
CLAIM OF
J R  Burchfield
Adm of Jas Givins dcd
of
Hopewell Springs, Monroe County, State of Tennessee
$ 125

TESTIMONY OF
J R  Burchfield         Page 1
James T. Crowder    Page 3
Anderson Givins       Page 4
Stephen Saffel          Page 7
John McLemore       Page 10

TAKEN BEFORE
J. R.  Robinson, Special Commissioner.

T W  Burge of Madisonville, Tn, Attorneys.
Proof closed and submitted for action Sept 28 / 72

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(FRONT PAGE.)

Before the Commissioners of Claims,
ACT OF CONGRESS, MARCH 3, 1871

Case of J R Burchfield Admn etc.
No. 15961

It is hereby certified, that on the 7th day of Sept 1872, at Madisonville, in the county of Monroeand
State of Tennessee, personally came before me the following persons, viz:

J R  Burchfield Claimant, T W  BurgeCounsel, or Attorney, and James T Crowder, Anderson
Givins, Stephen Saffell & John McLemore Claimant’s Witnesses, for the purpose of a hearing in the
above entitled cause.

Each and every deponent, previous to his or her examination, was properly and duly sworn or affirmed
by me to tell the truth, the whole truth, and nothing but the truth, concerning the matters under
examination; and the testimony of each deponent was written out by me, or in my presence, and as given
before me, and subsequently read over to said deponent, by whom it was also subscribed in my presence.

Witness my hand and seal this 7th day of Sept
J R  Robinson Special Commissioner of the Commissioners of Claims.

Deposition of J R  Burchfield Adm etc.

In answer to the First General Interrogatory, the Deponent says:

My name is J R  Burchfield, my age 53 years, my residence Monroe County, in the State of Tennessee,
and my occupation a Farmer; I am the claimant, [blank] and have no beneficial interest in the claim.

(Note: The Claimant should always be first examined when present, in which case the words “related
to” as printed immediately above, should be stricken out.)

**********

J. R.  Burchfield administrator of James Givins deceased
vs
The United States.

Deposition of J .R.  Burchfield after being duly sworn by the special commissioner deposes and
says in answer to general interrogatory says that my name is J R Burchfield aged 53 years,
Residence Hopewell Springs in the County of Monroe state of Tennessee occupation farmer.  I am
the Claimant in this case as the administrator of the estate of James Givins deceased and no
beneficial interest in the claim only as my duty as such adm, and being further examined deponent
says that he has no knowledge of the claim or the justness of the same, and will rely as to the proof
of this taking of the property, by witnesses and proof of Loyalty of the deceased James Givins, and
he herewith files his letters of administration

**********

with the proof in the case, and further he seyeth not.

J. R.  Burchfield

Attest
J. R.  Robinson
Special Commission

Deposition of James T. Crowder called by claimant and his attorney to prove the Loyalty of James
Givins deceased and after being duly sworn by the special commissioner deposes and says that my
age is 45 years reside near Madisonville in the County of Monroe state of Tennessee, occupation
farmer.  I knew the deceased James Givins for about 18 years before his death he died on the 9th
day of September 1871.  I was intimately acquainted with him throughout the war, I lived in one
fourth of a mile of him, saw him frequently, nearly every day, I have conversed with him often
about the war its causes and progres.  I was an adherent of the union cause and was so regarded
by the deceased James Givins. The deceased said a great may [many] things about the [this] for a
man of

**********

age he was nearly 80 years old, that the war was all wrong, that this government was good enough
for him or any one else.  That the Rebs of the south was the cause of it, and that the union would
prevail and the Rebs be shiped out, he was a strong sympathiser for the union cause.  I being so
often with him and conversing with him as much as I did during the war, I am quite satisfied that
I know his opinions and sympathies for the cause of the union he was a strong union man.  I have
converesed with him alone and in the presence of others.  I know his public reputation and that
was he was a union man, and he was regarded by all his loyal neighbors as such, as a strong union
man.  I do not know that the deceased ever contributed any money or property to aid the union
cause or the union army.  I do not know that he ever gave information to officers or soldiers of the
union army in aid of their movements, but no doubt but what he did if he had the chance, though
he as too old to go about mutch, I do not know that he was ever threatened or molsted any more
than the Rebels took [?] of his property on account of his union sentiments.  I do not think he ever
did contribute any thing in any way in aid of the Confederate Government or ever owned any
Confederate bonds or did any thing to sustain the credit of the Confederate states.  I am fully
satisfied from many acts the deceased have done, he was known by his rebel neighbors to feed and
keep hid out conscripts and all his language was in opposition to the Confederacy, which was
known by every boddy that from all the facts and circumstances he never could have established
his loyalty to the Confederacy if it had been maintained as a separate Government, and further
he syeth not.

James his mark T Crowder

Attest
J. R. Robinson
Special Commissioner

Deposition of Anderson Givins called by claimant and his attorney to prove the loyalty of James
Givins deceased who died the 9th

**********

day of September 1871 and after being duly sworn by the special Commissioner, says my age is
37 years residence near Madisonville in the County of Monroe and state of Tennessee occupatoin
farming.  I have known the deceased for the last 30 years of his life, I was intimately acquainted
with him during the war, lived on his farm all the time during the war escept one year and then
I lived about one mile.  I saw him very often during the war every few days or weeks.  I did
converse with him often about the war its causes and progress.  I was an adherent of the Union
Cause and the deceased so regarded me.  The old man said a great may [many] things about the
injustness of the war that it never ought to have been, that Rebs had done very wrong in causing
the war.  I knew his sympathies and opinions from often talking with him, they were for the
Union.  I have often conversed with him alone and in the presence of others.  I knew his public
reputation and that was he was a strictly Loyal man, and he was regarded as such by all his Loyal,
and disloyal neighbors.  I do not know whether the deceased ever contributed any money or
property to aid the Union Cause or the Union Army.  I do not know that he ever gave any
information in aid of the movement of the Union army to its officers or soldiers.  I don’t know that
the deceased was ever threatened with injury or molested on account of his union sentiments.  I
don’t think he ever contributed any thing in any way to aid the Confederate Government, or its
officers or soldiers or ever owned any Confederate Bonds, or did any thing to sustain the Credit
of the Confederate states.  I am satisfied that the deceased could not, from the way he always
talked, and all his actions and conduct, he never could have established his Loyalty to the
Confederate government if it had been stablished as a separate government and further he syeth
not.

**********
Anderson his mark Givins

Attest
J. R. Robinson
Special Commissioner
 

Deposition of Stephen Saffell called by the claimants atty to prove the taking of the property as
charged in the application of the claimant - and after being duly sworn by the special
Commissioner and in answer to general interrogatory, sys that - my name is Stephen Saffell, aged
48 years, residence near Madisonville in the County of Monroe state of Tennessee occupation
farmer.  I am not related to the Claimant or to the deceased James Givins or have any interest in
the claim.

And being further examined by the special Commissioner on the 2nd set of questoins says,

     qs 1 I was not immediately present, at the taking.
     2    I saw in a few moments after the soldiers had taken the mare in their possession.
     3    About the 12 of Decr 1863, a portion

**********

of the Command of Genl Sherman under the Command of Genl McCook went to the house of
James Givins and took his mare.  What was said at the taking I do not know.
     4    The mare was taken from the premises of James Givins deceased, was taken about the 12th
     Decr 1863.  She was taken by federal soldiers.  I do not know how many was engaged in
     the taking there was 12 or 15 in the lot, don’t know how many helped in the taking, they
     were but a short time engaged.
     5    Don’t recollect who was present.
     6    There was a Lt Seagles, do not know his Regt. But he belonged to Genl McCook Cav Brig,
     do not know what orders he gave, was not close enough to hear.
     7    The mare was taken by the soldiers from the lot of James Givins dcd hear nothing said was
     not close enough to hear.
     8    The mare was led off by the soldiers.
     9    The mare was taken in the direction of the Iron Works to their camps.
 

**********

 I did not follow them and only know the place from what the soldiers said.

     10   I do not know the use.  I saw them leading her off, and suppose they wanted her for the use
     of the Army.
     11   I do not know whether complaint was made or not.
     12   I don’t know whether there was any voucher or receipt asked for.
     13   Mare was taken in the day time about 3 oclock A.M. taken openly.
     14   There was an encampment of federal soldiers at the time at Madisonville about 5 miles and
     also an encampment at the Iron Works about 9 miles.  Col Jenkins of the 14th Illinois Cav
     was at Madisonville, and Genl McCook at the Iron Works.  They had been there but a
     short time.  I do not now recollect how long they staid after.
     15   The mare was in good order, good work animal and rode well, about 15 hands high  I think
     about 7 years old was taken about the 12th Decr 1862 and led off by the soldiers.  I think
     she was worth $125. For she was a right good mare.  I have not talked with the

**********

Claimant about the value of the mare.
16, 17, & 18 omitted
and being further examined by the special Commissioner says I knew the mare well have known
her from a colt.  I am satisfied that she was not branded.  I do not know that the mare has ever
been paid for by the state or federal Government, if so I never heard of it and further syeth not.

Stephen his mark Saffell

Attest
J. R.  Robinson
Special Commissioner

Deposition of John McLemore, called by the claimant and his attorney to prove the taking of the
property as charged in the application and after being duly sworn by the special Commissioner
and in answer to general interrogatory deposes and says that my name is John McLemore aged
about 27 years, residence near Madisonville in Monroe County state of Tennessee
 

**********

occupation farmer.  I am not related to the claimant or to the deceased James Givins and have no
beneficial in the claim, and being further examined by the special Commissioner and in answer
to the 2nd set of questions says

     qs1  I was not present.
     2    I did not see the mare taken.
About the 12th day of December 1863 I saw a parcel of soldiers near the premises of James Givins
deceased, and going in the direction (from his farm) of the Iron Works and they had in their
possession the mare of James Givins deceased.  I new the mare well, had known her a long time.
I was on the road when the soldiers passed me there was nothing said between the soldiers and my
self.  There was an officer along with the squad, from his dress, from his shoulder straps I thought
he was a Lt.  The mare was folded [foaled] the property of James Givins decd.

**********

no other person had ever owned her.  I lived a near neighbor of his and knew his mare well.  And
further he seyeth not.

John his mark McLemore

Attest
J R  Robinson
Special Commissioner
 

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(last page.)
REMARKS BY THE SPECIAL COMMISSIONER

[page blank]

J. R. Robinson
 

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No. [blank]
CLAIM
of
Burchfield, J. R.  Admn etc.
of
Madisonville, Monroe Co. Tenn
$125.
Application to have testimony taken by Special Commissioner
Jas. R. Robinson

T. W.  Burge
Madisonville, Monroe Co. Tenn.  Attorneys.
 

**********

(Administrator’s Bond and Letter)
(H. Barry, Printer, Knoxville.)

State of Tennessee, Monroe County.

To J. R.  Burchfield, Greeting:

Whereas, it has been represented unto us in our County Court, held for the County of Monroe at the
Court House in Madisonville on the firstMonday of October 1870, that James Givins late of said
County, had died intestate, having whilst living at the time of his death, goods and chattels and credits -
the ordering and granting administration whereof doth appertain unto us; and we being desirous that
the goods and chattels, rights and credits, may be well and faithfully administered, do grant unto you,
the said J R Birchfield full power, by these presents, well and truly to collect and take into your
possession, all and singular the goods and chattels, rights and credits, which were of said James
Givins, deceased, at the time of his death wheresoever the same may be found - hereby requiring you
to make or cause to be made, and returned into our said Court, at the next term, a true and perfect
inventory of said goods and chattels, rights and credits; and also to render a true and clear account of
said administration when thereto required.

Witness, A. T.  Hicks Clerk of said Court, at Office in Madisonville the first Monday ofOctober, 1870.

A T  Hicks, Clerk.
 

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Directions.
Note 1. - Insert number of the Claim.
2. - “Taken” or “furnished.”
3. - Describe the military organization by name as fully and particularly as possible.
4. - State, as well as can be done, the place to which the property was conveyed for the use of the Army.]
5. - State, as fully and minutely as possible, the particular persons or commands using the property, and
to what particular use it was applied.
6. - The claimant’s name should be signed here, either by himself or his attorney.

No. (1) [Blank]

BEFORE THE COMMISSIONER OF CLAIMS,
Under Act of Congress of March 3, 1871.

In the matter of the Claim of J. R. Burchfield, Admn etc. of Madisonville in the County of Monroe
and State of Tennessee.

Comes now the claimant, before Jas. R. Robinson, Esq., Special Commissioner for the State of
Tennessee, and represents that he has heretofore filed with the above-named Commissioners a Petition
for the allowance of a claim for property (2) taken for the use of the army of the United States, which
claim, as stated below, does not exceed the sum of five thousand dollars.

That the said claim, stated by items, and excluding therefrom all such items as refer to the Damage,
Destruction, and Loss, and not the Use, of property; to unauthorized or unnecessary Depredations of
troops and other persons upon the property, or to Rent or compensation for the occupation of buildings,
grounds, or other real estate, is as follows:

No. of Item.  1
Quantities and Articles.  One Bay Mare about 7 yrs. old and about 15 hands high
Value.  Dolls.  125 Cts.  00
Total, $125.00
 

**********

That, as stated in the Petition referred to, the property in question was taken from or furnished by James
Givins, deceased of Madisonville, in the State of Tennessee, for the use of a portion of the army of the
United States, known as (3) Sherman’s Army, and commanded by Lieut. Seigles, and that the persons
who took or received the property, or who authorized or directed it to be taken or furnished, were the
following:

Name.  Seigles
Rank. Lieut.
Co. [blank]
Regiment, Corps, or Station. Sherman’s Corps.

That the property wsa removed to (4) Tellico Plains, Tenn.and used for or by (5) said Seigles
command; all this on or about the [blank] day ofDecember, in the year 1863, as appears by the
petition presented to the Commissioners.

That by the following-named persons the claimant expects to prove that, from the beginning of
hostilities against the United States to the end thereof, his sympathies were constantly wiht 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 the was
at all times ready and willing, when called upon, or if called upon, to aid and assist the cause of the
Union, or its supporters, so far as his means and power, and the circumstances of the case, permitted.

Anderson Givins of Monroe Co. Tenn.
James T. Crowder of     “ ” “
 

**********

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:

John McLemore of Monroe Co. Tenn.
Stephen Saffell of    “    ”    “

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

Submitted on this [blank] day of [blank], 1872.

(6) J. R. Burchfield Admn etc.   Claimant.
T.W. Burge   Attorney.

P.O. Address of Attorney:
Madisonville, Monroe County, Tennessee.

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No. 15961
CLAIM  of
J.R. Burchfield admn of James Givins, dec’d of Monroe Co Tenn.
SUMMARY REPORT
Amount Allowed $ —
Dec. 1874.
 

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No. 15961
The Claim of J.R. Burchfiel admt of Jas. Givens, dec’d ofMonroe Co., in the State of Tennessee

No. of Item. [blank]
Nature of Claim.  One Mare
Amount Claimed.  Dollars. $125   Cts. [blank]
Amount Allowed.   Dollars. [blank]   Cts. [blank]
Amount Disallowed.  Dollars. $125 Cts. [blank]
Remarks. Letters of Administration were granted to the petitioner on the estate of Jas Givens
deceased, on the first Monday of Oct. 1870, notwithstanding two witnesses swear that Mr. Givens
died in September 1871.  We presume this is a mistake & that he died in 1870.  It is one (but in this
case unimportant) of many instances of carelessness in taking testimony that we have discovered
in the depositions of Special Commissioner J.R. Robinson.

There is no proof of who the persons are who are interested in this claim.  Mr. Givens was an old
man 80 years of age or over.  His heirs are not named, & of course their loyalty is not proved.  He
was a resident of Monroe Co. Tenn.  The proof tending to establish his loyalty is very weak.

The claim is disallowed.