Volume 8, Number 7, Spring 1984
This little note about Ben Cummings. While in the field during the war his troop of cavalry were camped and sleeping. About daybreak a group of the enemy appeared in the camp, either rebels or bushwhachers. Ben was hard to waken but a fellow trooper, Andy Friend, finally got him awake telling him they were retreating. Ben said "No lets fight" and taking up those big revolvers (as per picture) started firing and his fellow troopers took up the skirmish and the foe was driven away with some losses.
Submitted by Doug Mahnkey
STATE OF MISSOURI ,
COUNTY OF CHRISTIAN)
On this day of __________ A.D. 1868 personally appeared before me the undersigned clerk of the Circuit Court in and for the county and state aforesaid, Vincent Cummins, age 42 years, who being by me first duly sworn upon his oath declares that he is now and has been for twenty-eight years a resident of the County of Christian and State of Missouri and that prior thereto he resided in the State of Tennessee.
He further declares that there is due him from the Government for Mules actually furnished to the Army of the United States, and for which payment is claimed under the Act of July 4, 1864 entitled An Act to Restrict Court of Claims and to provide for the payment of certain demands for Quartermasters Stores and Subsistence Supplies furnished to the Army of the United States in Missouri as follows to-wit:
2 Mules $65.00 Total $130.00
purchased and delivered at Beaver Creek in Douglas County in the State of Missouri on the 24th July, 1862, to Theo Leland Lt. A.Qr.M. Third Illinois Cavalry.
He further declares that the foregoing account is correct and just, that the articles therein named were actually delivered to the parties in the account mentioned for the use of the Army, that the voucher herewith attached was issued therefor, but that no payment has been made or compensation received in any way or from any source whatever, for the whole or any part of said claim, from any officer or agent of the United States or certificate of indebtedness or certified voucher thereof other than the accompanying voucher on which has or might be made, and that the rates or prices charged are reasonable and just and do not exceed the market value or prices of the articles at the time and place stated.
And Affiant further states that he was in no way engaged in nor did he aid or abet the late Rebellion in certain states of the Union declared to be in Rebellion therewith or otherwiseso but has ever been and now is loyal to the Government and obedient to the Laws of the United States, and further Affiant solemnly swears in the presence of Almighty God that he will henceforth faithfully support, protect and defend the Constitution of the United States and the Union of the United States therein, that he will in like manner abide by and faithfully support all Acts of Congress passed during the late Rebellion and with reference to slavery so long and so far as not repealed or held void by Congress or by the decisions of the Supreme Court, so help me God.
And he appoints John S. Phelps his agent and attorney with full Power of Attorney to do all things that may be necessary to be done to collect the money and receipt thereof.
Subscribed and sworn to before me on the date and year first above written and I hereby certify that the said Vincent Cummings also at the same time acknowledged the foregoing Power of Attorney to be his act and deed for the uses and purposes therein expressed. Witness my hand and official seal of office in Ozark, this day and year first above written.
I hereby certify that Vincent Cummings whose signature appears on the foregoing application is well known to me, and that the said claimant was at the date his claim originated and has been ever since loyal to the United States.
State of Missouri )
County of Christian)
I hereby certify that I am well acquainted with Vincent Cummings the within applicant and know him to be a responsible and creditable person and resident of this County and that he is the identical person he represents himself to be. Witness my hand and official seal this day of ________, 1868.
The undersigned being first duly sworn deposeth and sayeth that they are connisant of the facts set forth by the foregoing affiant and that they are true and correct, and that these deponants are not directly or indirectly interested in the collection of said account.
State of Missouri )
County of Christian)
Subscribed and sworn to before me this___day of 1868 and I further certify that ________________ and __________________ are creditable and reliable persons, residents of said Christian County and I further certify that I have no interest in the collection of said claim. Witness my hand and official Seal this day of __________, 1868.
Form of affidavit 1 furnished by Mr. Philip Cumming of Walnut Shade. Missouri.
Phillips grandfather, Vincent Cummings sold the U.S. Army, during the Civil War a team of mules. This affidavit evidently prepared by attorney John S. Phelps of Springfield in 1888 was required at the time to be, certain that the claimant had not aided in any way the rebellion.
Philip has know way of knowing whether the bill was ever paid but it is my opinion the original, duly signed and authenticated was properly filed.
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