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The State of Kansas 
County of Marshall

Personally appeared before me, C.J. Brown, a Notary Public in and for the state and county aforesaid, James P. Barlow, of Blue Rapids, in the County of Marshall and State of Kansas, who, being first duly sworn according to law, on his oath doth declare:

that he resided in Fairfax County Virginia during the months of November and December 1862, that during the said months of November and December 1862, General Stahel of the United States Army, commanding a military force in the Valley of Virginia with headquarters at Chantilly in Fairfax County, Virginia, that I am acquainted with J.W. Ware of Clarke County, Virginia, that some time in the latter part of November or the first part of December, 1862, the said J.W. Ware visited me at my house in Fairfax County, Virginia and then and there the said J. W. Ware told me that the United States troops, under the command of General Stahel, had recently taken from him (the said J.W. Ware) from his place in Clarke County, in the Valley of Virginia, seventeen head of valuable cattle and had driven them to his (General Stahel’s) headquarters at Chantilly, that the said J.W. Ware, while at my house in Fairfax County, Virginia, at the time above mentioned, gave me a paper there commonly called a “safeguard” or “guarantee of protection” executed in his favor by some of the United States authorities.  (I do not now remember the signature to the paper,) and requested me to take the said “safeguard” to General Stahel and ask for him (the said J.W. Ware) the return of the cattle above mentioned; that I took the said “safeguard” from the said J.W. Ware, and, as requested, forthwith prescribed it to General Stahel at Chantilly, demanding for the said J.W. Ware the return of the cattle recently taken from him; that General Stahel took from me the said “safeguard” and replied, to my demand, that the said cattle had been driven to Fairfax Courthouse and that he would send the said “safeguard” to General Seigel at Fairfax County Courthouse and await his reply; that during the next few days I called upon General Stahel at Chantilly several times asking the return of the said cattle to the said J.W. Ware; that General Stahel never gave me any further information about the matter and that the said “safeguard,” given to General Stahel as above stated, was never returned to me by General Stahel or by any other person.  And this affiant further and finally says that he is not in any way interested in the prosecution of this claim.                            

                                                                      James P. Barlow


Subscribed and sworn to before me this 22nd day of December, A.D. 1874: and I do hereby certify that James P. Barlow, the witness whose testimony is written above, is a respectable and responsible man, and that his testimony is entitled to credit; and I do further certify that I am no way interested in the prosecution of this claim. 

Witness my hand and Notorial seal this 22nd day of December, A.D. 1874.

                                                                                C.J. Brown                                                                                Notary Public

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***  Affiant: One who makes an affidavit
       Notorial: Of or pertaining to a notary

I would like to thank Jane & Scott Dudgeon for allowing me to copy & transcribe this letter for my historical research.  I am deeply grateful.


It would be helpful to read the article I previously wrote entitled BACKGROUND ON COMPENSATION NOTES for a better understanding of this letter.  It is important to note the different dates in this Kansas letter.  The “safeguard” notes that were referenced in this letter text were from November and December of 1862.  The sworn statement and notarized paper was dated December 1874.  This was obviously an ongoing case.

Although James P. Barlow could not recall the signature on the paper, we now know that there were several of these “safeguards” or “guarantees of protection” issued to Josiah in the early part of the war.  Some of the authors of the notes were Col. A.T. McReynolds, General Nathaniel Banks, & Captain Samuel Zulick.  The author of the note mentioned in the claim could have possibly have been any one of the above people or even some other Union officer altogether.

The entire basis for Josiah’s claim (and Barlow’s sworn statement in support of it) can actually be found in a letter that Josiah wrote to his son James.  He, himself, stated that the Union army “. . . opened my fences & drove off all my cattle . . .”  “On my return at night (finding my cattle gone) I went off next morning and followed them.  We went to Stahel's headquarters. I put our claim before him in writing - he replied he would refer the matter to General Siegel (another Dutchman in command of the post) and that we would be answered in 3 hours. We waited two days longer. Receiving no answer, we came on home -   leaving the matter in a friend's hands.” 

It would seem safe to assume that James P. Barlow was the friend that Josiah left the matter with. Barlow’s sworn statement to C.J. Brown (the notary public) was in support of the claim Josiah was making to try and get restitution for his stolen property.   Since there had been approximately twelve years between the safeguard notes and this claim, Josiah obviously never got any response from General Stahel or Seigel way back at the first part of the war.

The following statement made by both C.J. Brown and James Barlow (“I am no way interested in the prosecution of this claim”) is intended to make clear that neither one of them has a vested interest themselves in the outcome of the claim.  They won’t personally make any profit from the settlement so their statements should be considered impartial. 


Placement of family photographs and visual graphics accompanying this piece are the fine work of John Reagan who has been an invaluable help in setting up a website for me entitled Ware Genealogy at . I will forever be grateful for his expertise and kindness. 


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