SCC Questionnaire 1 - 1871

SCC Questionnaire 1 - 1871

TOPIC

Claims submitted to the southern claims commission included the responses to standard lists of questions. Three different questionnaires were used. This is the first one.

Questions of property (claimant and witnesses)

    <div>II. QUESTIONS AS TO THE TAKING OR FURNISHING OF THE PROPERTY, TO BE ANSWERED BY THE CLAIMANT AND HIS WITNESSES UNDER OATH.

    1. Were you present when any of the articles of property specified in the claimant's petition were taken?

    2. Did you see any of them taken? If so, specify the articles you saw taken.

    3. Did you see any of the articles named in the petition taken, other than those you have specified?

    4. When and where and by whom were the articles taken, which you say you saw taken?

    5. Who were present when you saw them taken?

    6. Was any United States officer, either commissioned or non-commissioned, present at the taking? If so, state his name, rank, regiment, and the command to which he belonged. Did he order the property to be taken? Did he say anything about the taking?

    7. Describe how the property was taken, and give a full account of all you saw done, or heard said, upon the occasion of the taking.

    8. How was the property removed, by soldiers, or in wagons, or in what manner? State fully as to each article taken and removed.

    9. To what place was it removed? Did you follow it to such place, or see it, or any portion of it, at any such place, or on its way to such place?How do you know the place to which it was removed?

    10. Do you know the use for which the property was taken? What was the use, and how do you know it? Did you see the property so taken used by the United States army? Did you see any part of the property so used? State fully all you know as to the property or any of it having been used by the army; and distinguish between what you saw and know, and what you may have heard from others, or may think, or suppose, or infer to be true.

    11. Was any complaint made to any officer on account of such taking? If so, state the name, rank, and regiment of the officer. What did he say about it? State fully all that he said.

    12. Was any voucher or receipt for the property asked for; if so, of whom asked? State name, rank, and regiment. Was any receipt or paper given? If so, produce it, or state where it is and why it is not produced.If no voucher or receipt was given, state why none was given, and if refused, why it was refused; state all that was said about it.State fully all the conversation between any officer or other person taking the property, and the claimant or any one acting for him.

    13. Was the property or any of it taken in the night-time? At what hour of the day, (as near as you can tell,) was it taken? Was any of the property taken secretly, or so that you did not know of it when taken?

    14. When the property was taken was any part of the army encamped in that vicinity? If so, state how far from the place where the property was taken, and what was the company, regiment, or brigade there encamped. How long had it been encamped there? How long did it stay there, and when did it leave? Had there been any battle or skirmish near there, just before the property was taken? Did you know the quartermasters, or any of them, or any other officers of the army for whose use the property is supposed to have been taken?

    15. Describe clearly the condition of the property when taken, and all that tends to show its value at the time and place of taking.Thus, if corn, was it green, or ripe? Had it been harvested? Was it in the shock or husked, or shelled? Where was it?If grain, was it standing; had it been cut; was it in shocks; or in the barn or in stacks; had it been threshed? If horses, mules, or cattle, state when they were taken, how taken, and fully their condition, age, and value. Have you talked with claimant about their value?

    16. What means have you of knowing quantity taken? How much did you see taken and removed? What quantity was taken in your presence? As to quantity distinguish carefully as to what you saw and know, and what you may think or believe from what you have heard from others.

    17. If you have testified as to the taking of wood; how do you know it was taken? How do you know the quantity? Was it measured? By whom? What was the kind, quality, and value of the wood? Was it taken in the tree, standing? Or had it been cut? Where was it taken?

    18. If rails were taken; did you see them taken; how taken; in wagons, or by soldiers? To what place taken? How do you know, and what do you know as to the quantity taken? Were the rails new or old? Did officers try to prevent their being taken? Was any complaint made to officers on account of the taking?

    19. Do you know, suppose, or believe that the property described in each item was taken 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?

    20. Do you know, suppose, or believe it was taken 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?

    21. Do you know, suppose, or believe that it was taken in consequence of some necessity for the articles taken, or similar articles; which necessity justified the officers or soldiers taking them?

    22. Do you know, suppose, or believe it was taken for some purpose so necessary, useful, beneficial, or justifiable as to warrant or require the Government to pay for it?

    23. Do you know, suppose, or believe that it was taken by, or 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 it, or ordering it to be taken.

    (The witness must be caused, in answering the five preceding questions, to state fully, clearly, and carefully, his or her various reasons for the knowledge, supposition, or belief entertained with respect to each question.)

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    December 3, 2008
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