The Southern Claims Commission—Revisited
by Elizabeth Nitschke Hicks, May 2000
Great News! Since the November 1996 article* I wrote on this group of records, Clayton has acquired the BARRED and DISALLOWED claims on microfiche (cabinet 68, drawers 1 & 2). The first four fiche contain the index to these claims. There are three other finding aids to these claims at Clayton. The first is an index (on microfilm) from the National Archives titled “Consolidated Index of Claims Reported by the Commissioner of Claims Southern Claims Commission 1871-1880” (cabinet 48, drawer 8). The second and third are books by Dr. Gary B. Mills: Civil War Claims in the South: An Index of Civil War Damage Claims Filed Before the Southern Claims Commission 1871-1880 (GEN 973.7 M657 USA) and Southern Loyalists in the Civil War (GEN 973.7 M657 USA). All of these indexes give the name of the claimant, the claim number, and the state. The first book also gives the claimant’s county of residence.
The Southern Claims Commission was created by Congress in 1870 as a result of pleas from citizens who had sustained losses during the Civil War. The commission addressed claims (for personal property only) from residents of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North and South Carolina, Tennessee, Texas, Virginia, and West Virginia. The Southern Claims Commission appointed local commissioners to hear these claims, determine the authenticity of each claim, and decide if, indeed, the claimant had been loyal to the Union during the war. Yes, the claimant had to swear he/she had been loyal to the Union and had not provided aid of any kind in support of the Confederacy. Before you say, “Not MY southern ancestor!,” you should consider the fact that many people did whatever they had to do to receive compensation. Many southerners did not consider it “lying” to “lie” to a Yankee (especially a bureaucrat Yankee).
There are three types of claims:
- ALLOWED. The U.S. paid the claim, and the only records that survive are the name of the claimant, place of residence, what the claim was for, and the amount paid.
- BARRED. Claim was either filed too late or the commissioners ruled the claimant a Confederate supporter. In this case, only the name, place, and description of loss are given. Check these anyway, as there are exceptions.
- DISALLOWED. Claim was not paid, but for reasons other than late filing or the fact that the claimant was a Confederate supporter. A disallowed claim usually gives the most information for the genealogist and/or historical researcher. What information is in this type of claim? You will get the claimant’s answers to 80 questions asked by the commissioners plus the answers given by the claimant’s witnesses. Both claimant and witnesses were asked, “What is your name, your age, your residence and how long there, and what is your occupation? If you are not the claimant, in what manner, if any, are you related to the claimant or interested in the success of the claim?” A few other examples of questions include the following: “Where were you born? If not born in the U.S., when and where were you naturalized? Produce your naturalization papers, if you can. Did you have any near relatives in the Confederate army or in any military or naval service hostile to the U.S.? If so, give names, ages on entering service, present residence, if living, what influence you exerted, if any, against their entering the service, and in what way you contributed to their outfit and support.” For female claimants, “Are you married or single? If married, when and where were you married? Where does your husband reside, and why has he not joined you in this petition? How many children have you? Give their names and ages....” Witnesses were asked, “In whose favor are you here to testify? How long have you known that person altogether, and what part of that time have you intimately known him? Did you live near him during the war, and how far away? What was the public reputation of the claimant for loyalty or disloyalty to the U.S. during the war?” I think you get the idea of how these claims can provide very helpful and interesting information.
To see if your ancestor had a claim, search for his/her name on one of the first four microfiche (cabinet 68, drawer 1 or 2). Listed with the person’s name will be the state, commission number, office number, report number, year of claim, and type claim (allowed, barred, disallowed). Following the index fiche, claims are arranged by type. If a barred claim, look for your ancestor’s claim by the ancestor’s/claimant’s name. If a disallowed claim, look for the claim according to report number, then the office number. When you find the correct fiche, look for the claim by commission number and ancestor’s name. If you find a claim that has nothing in it but a title page, look for the notations, “U.S. House of Representatives” or “U.S. Court of Claims.” These notations mean that your ancestor’s claim file was sent to another jurisdiction. To find it, you will need a different claim number. To get this information, you must write to the General Reference Branch, National Archives, Washington, D.C. 20408. Be sure to state that you are looking for a Southern Claims Commission claim. Give the name of the claimant, the state, and the claim number that was found on the fiche index. Send no money; the National Archives will respond and tell you how to proceed. This may seem complicated but, believe me, it is worth the effort!
If you do not find your ancestor listed, try this technique: Go to the 1860, 1870, or 1880 federal censuses and write down the names of your ancestor’s neighbors (heads of households); then repeat your search to see if any of your ancestor’s neighbors had claims. There is a very good chance your ancestor was one of the witnesses for the neighbor.
These claims are a good source of genealogical and historical information for ancestors in the “burned counties,” and if a claimant died during the claims process, his heirs often took up the claim. The heirs would then have to prove their relationship to the deceased using Bible records, depositions, etc., all of which may hold valuable genealogical information. Happy hunting!
* Elizabeth Nitschke Hicks, “The Southern Claims Commission: A Little Known Source of Genealogical Information,” The CLF Newsletter, vol. 10, no. 4 (November 1996), pp. 11-12.
END
Originally published as:
Elizabeth Nitschke Hicks, "The Southern Claims Commission 'Revisited',"
The CLF Newsletter XIV (May 2000): 3-4.
All rights reserved. Do not reproduce without permission.
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