NATIONAL ARCHIVES PENSION FILE OF EMIL BOTT
Transcribed by Linda Cunningham Fluharty.
This Must Be Executed Before a Court of Record or Some Officer Thereof Having Custody of its Seal.
State of OHIO, County of STARK, ss:
On this 16th day of June, A.D. one thousand eight hundred ninety ONE personally appered before me, A NOTARY PUBLIC within and for the County and State aforesaid EMIL BOTT aged 66 years, a resident of the city of CANTON, County of STARK, State of OHIO, who, being duly sworn according to law, declares tht he is the identical EMIL BOTT who was enrolled on the 5TH day of FEB., 1862 as first lieutenant and adjutant 1st VA LIGHT ARTILLERY VOLS PARTICIPATED IN ENGAGEMENT AT WINCHESTER MAR 23d. 1862. PORT REPUBLIC JUNE 9th 1862 in the war of the rebellion, and served at least ninety days, and was HONORABLY DISCHARGED at WHEELING, W.Va., on the 22 day of JUNE, 1862. That he is unable to earn a support by reason of PHYSICAL DISABILITIES.
That said disabilities are not due to vicious habits, and are to the best of his knowledge and belief permanent.
That he has NOT PREVIOUSLY applied for a pension.
That he makes this declaration for the purpose of being placed on the pension roll of the United States under the provisions of the Act of June 27, 1890. He hereby appoints GILBERT L. EBERHART, Atty. at Law, Beaver Falls, Pa. his true and lawful attorney to prosecuite his claim.
That his post office address is #296 Cleveland Av. CANTON - County of STARK - State of OHIO.
Signed by Emil Bott
Witnesses: Joseph F. Weber(?) & Casper J. Falla(?)
Department Of The Interior
Bureau of Pensions,
Washington, D.C., June 30, 1891.
G. L. Eberhart, Esq.,
Beaver Falls, Pa.
Referring to a declaration for pension filed by you in behalf of Emil Bott, late 1" Lt. and Adjt. 1" Va. Lt. Arty., you are informed that before further action can be taken in the matter it will be necessary for you to state whether the organization referred to belonged to the Federal or Confederate Army. If to the former, you should know whether the 1" Regt. W.Va. Lt. Arty. is intended; if some organization accredited to Virginia is meant, you should so specify, and its full title should be given.
Your answer should be endorsed on this letter and returned without delay.
Green B. Raum
(To: Commissioner of Pensions, Washington, D.C.)
(From: Letterhead of Gilbert L. Eberhart, Attorney at Law)
3d. July 1891
I am in receipt of your letter of the 30th net(?)., herewith returned, referring to the declaration of Prof. Emil Bott, late 1st. Lt. and Adjt. of the 1st Va. Lt. Artillery Vols. and am constrained to remark that its contents and requirements are somewhat novel, and imply an ignorance of law, as well as presumption with which neither Prof. Bott nor I can be charged without at least a mild protest.
We both claim to know that men who served in the rebel army can not be pensioned by the U. S. Pension Bureau. We know also, that in Feb. 1862, the time at which Prof. Bott was commissioned and entered the military service of the United States, West Virginia had had no existence, and was not born until sixty days after April 20th 1863.
While, therefore, we gave the proper legal title of the regiment in which he served as the same is designated in his commission, the regt. about a year after his muster out, and after West Virginia in June, 1863, came into existence, became known as the 1st. West Va Light Artillery. In any event, the organization in which Emil Bott served belonged to the Federal army.
I have the honor to be,
G. L. Eberhard.
Name of Soldier
Bureau of Pensions,
It is alleged that the above-named man enlisted Feb 5, 1862 and served as a Adj't. in Co --, 1st Reg't WVa Lt. Art.... and was discharged at Wheeling, W.Va. on June 22, 1862.
The War Department will please furnish an official statement in this case, showing date of enrollment and date and mode of termination of service.
Charles P. Lincoln, Acting Commissioner
The Officer in Charge of the
Record and Pension Division,
Record and Pension Division,
Washington, Aug 27, 1891.
Respectfully returned to the Commissioner of Pensions with the information the EMILE BOTT WAS MUSTERED INTO SERVICE AS 1ST LIUETENANT AND ADJUTANT, 1ST VIRGINIA LIGHT ARTILLERY VOLUNTEERS, TO DATE FEBRUARY 5, 1862, AND MUSTERED OUT AND HONORABLY DISCHARGED TO TAKE EFFECT APRIL 30, 1862.
S.O. No. 256 Hd. Qrs. of the Army, AGO, Nov 3, 1886.
By Authority of the Secretary of War:
F. C. Ainsworth
Major and Surgeon, U.S. Army.
Febuary the 12th/1898
P.O. Box: 248
Hon: Col: H. S. Quay.
United States Senator.
I send to you herby the Documents and Papers, I am in possession of, my Comission Received from and by Governor Pierpoint on the 5th Day of Febuary 1862. also my muster in Papers, mustered in the Servis by Major Perkins by an regular U. S. Soldier on the 30th Day of April 1862 at New Market Shenandoah Valley, Va. Staff Officer an Genl: Banks Staff that thime. Besides the Document and approve by orderly Sergant Max Sievers, and he took an Oath and swore to that Efect also. ------ Knowing me that long.
I being with the Shields Divission from the Day after I rec: my Comission with Col: Phillip Daum, till to June the 27th 1862 near 5 months only 3 Day's shorter to 5 Months. I am her telling the truth and nothing else but the truth to your Honor as a men of Honor and principl, and as an Old good sound John C. Fremont and Abraham Lincoln Republican also. of as a Mason since 1864. member of Milnor Lodge 287 Pittsburgh, Pa. I am Old now can not help myself otherwise over 73 Years of Age and am intitled for my Pension and bak pay coming to me by Right also. -- Only rec: pay for the Month of Febuary, March and April and no more, so their is coming to me by Right, May and June.
My Pay monthly was $128 and 83 cents per month, in addition besides to Quartermaster $10.00 more per month $138, and 83 cents. total $277 and 66 cents.
In hopes that your Honor will do his best for me, and also for the good for my Old good Lady, so we get some Relief - and I am in need of it by all Rights.
How thimes is now desperate for an Artist and I am Known as such, but no Picture can be Sold and being that for ---- allway's in a most desperate destitut condition telling the truth to your Honor. Some of my Friends like Charles J. Clarke of Pittsburgh Pa. also Demp Merrick of New Brighton Pa and besides a good Old Friend also and Artist Adolph Schreyer Professor in Frankfort a/m Germany now has assisted me so far to helping me along over Winter so far saving my Soul from Starvation.
I am in hopes that your Honor Co: M. S. Quay will do and aprove his best for me
Yours for ever under the greatest
Obligation verry Respectfully
Besides I have to state to you that I was with Col: Philip Daum in active Service from the begining to the last. In the Battle at Winchester on the 23rd of March 1862. Shenandoah Valley Va: At Mount Jackson clear up to near Harrisonburgh Va till to Front Royal on the 15th/ of June and from their falling bak to Cattlet Station Va near Alexandria with Col. Daum in service and Comand to 22 of June--. Daum and I am got a leave of absence granted to us to go to Alexandria both noth being well. and we went and from their to Washington after two Day's I left him and went back to Cattlet Station to met my Division and on the 27th Day of June I left the Division and went to Wheeling to Report myself to Governor Pierpoint being out of Comand that thime. Reported myself to Col: Hayward in Comand that thime left by Col: Daum he never did come bak to be in Comand of Artillery Brigade in Shields Division so I took Col: Haywards Advise and went for good.
Yours Emil Bott artist.
State of Pennsylvania
County of Allegheny
In the matter of Emil Bott, 1st Lt. & Adjutant in the 1st Regt. Battalion of the Virginia Volunteer Light Artillery, before me, a notary public in and for said county and state came Max Siever, aged 63 years a resident of Allegheny, Pa. who being duly sworn according to law, deposeth and saith, that "I was Orderly Sergent in the Battery "A" 1st Va. Light Artillery during the years 1861 to 1863, and am aquented with Emil Bott since March 1862, and saw him in uniform with his command on different occasions, the last time being about two weeks after the Battle of Fort Republic, Va. 1862, under the command of Col. Phil. Daum." further deponent saith not.
Sworn & Subscribed
before me, this 10th March 1898
Copy- April 12, 1899
In response to your recent letter, you are again informed that your claim for pension under Act of June 27, 1890, was rejected March 12, 1892, because you were not in US Service ninety days, as required by said Act.
The affidavit of Max Siever and the papers recently filed by you have no value to overcome the rejection. These papers are your commission for Feb 5/62 the Union Governor of Va and your muster into US Service by Major DD Perkins, of US Army.
None of these papers show that you were in service later than Apl 30, 1862, and as you were mustered in Feb 5/62, you did not serve ninety days. The erasure, on the muster in paper, of the date in Apl. that (rest is missing)
April the 20th 1899. P.O. Box: # 458
In response of Your Letter and answer rec: from you saying that I was not longer in Service only from 5th of Febuary till the 30th of April
Kindly I have to state to you that on the 5th of Febuary I got my Comission as 1st Lieut and Adjutant of the first Regt: Light Artillery of W.Va as such, but I was not sworn and mustered in Service that Day by no means. Col: Phillip Daum and I am went of the 30th day of April on Sunday afternoon to the Headquarters og Genl: Banks at New Market to get mustered in Service by Regular U. States Officer and got musterred in by Right. On the 18th of May received a leave of absens for 30th granted from Headquarter of General Shields, to present a Order a Requisition for Side Arms and Pistol and also for Horses what I did receive of the 22 my pay for 2 Months for March and April in full and on the last Day of May left Wheeling and went bak to my Division to friend. I reported myself to my good Friend Genl: B. F. Kelly he also giving me an introduction to Karl Schultz(?) that Morning, and recomended me
(Page 2) to Genl: Karl Schultz as Guid to show him also to his Staff the Road to Martinsburgh and to Winchester so we went together Receiving transportation to Winchester from Cumberland Md. to Winchester Va. I went with Genl: Karl Shultz clean up to Harrisonburg and after this I left him and hunted up my Division friend then at Lorain in the Blue Ridge Mountain falling bak from Port Republick till to Front Royal. Being with Col. Phillip Daum after this till to the 10 or 11 of June 1862 Daum went from Alexandria to Washington I went with to Investigation and Examiner the case about the Losses of cannons and otherwise about the Battle of Port Republic. After this I did not seen him anymore, and I reported myself on the 22 of June to Col: Hayward at Mannassas Junction of Artillery, he was from Ohio, and he told to me Adjutant I am sorry for you, but I have no Bussiness for you. I have my men as Adjutant, you being badly treated by Col: Daum, he said he did. Knowing him as a mean triky men without principl.
(Page 3) On the 24th of June 1862 I went home over Washington D.C. and from their to Harpers Ferry an bak to Wheeling and reported myself to Govr: Pierpoint that I was without Comand. Everything that thime was all upset and no Military order, so I quit and went afterwards home never being mustered out by a Regular Office and rec: false Paper what I did destroyed on Acount being treated so outrages mean by Daum. The affidavit of Lieut: Max Sievers is true and correct, he took an Oath befor Squire Charles Weibershausen in Allegheny City that thime in my presens. My dear Sir I not claiming anything of the Government, except I am earnest intitlet, and can take Oath befor you and Pres: Wm McKinley or before the Lord himself. I told you before that I never being mustered out of Servis by an Regular U. States Officer and my mustered out Papers being a Fraud made out by Col: Daum and by this Fraud Major Caussabter that thime in Wheeling W.Va. I am a men of Honor and noan for that by Col: M. L. Quay by Lawer Charles F. McKeaney of Pittsburgh and also in Beaver County, Pa.
(Page 4) Being living for 12 Years in Canton, Ohio. Knowing I am now in poor Circumstances that I need my Pension Old going on 75 years now, lost my Wife lately and last by myself alltogether so you Martin Evans see how am fixed and standing. I not give up the Ship yet so long I can hold my Nose above the Water a no, I no in case Pres: Major Wm McKinley would read this he will have mercy with me and act and do what is fare and square. I work an that as an Old good Mason of 287 Milnor Lodge of Pittsburgh. I told to you my dear Sir: the truth and nothing else but the truth what I can say more and Lieut Max Sievers say me in Comand on duty after the 30th Day of April with Daum and also that Day I left on the 24 of June the Division at Cattlet Station and Manasses Junction Va. Please inform me or send me all my Documents bak Comission and Mustering in Papers and also the affidavit made and sworn by Lieut: Max Sievers. Yours verry Respectfully
Emil von Bott artist
P.O. Box #458
Monaca Pa. 23 of Oct: 1903
Hon: Mr: B. S. Ware, Esq
I rec: your Letter and Documents of the 15th of July 1903 last and I have to state to you, that I was mustered in Service that thime by Major Perkins on the 30th of April 1862 at New Market Va. and not mustered out of Service, Major Eberhart my Claim Agent the dam good for nothing made that mistake that thime and have set me in such troubles and missery also. I was over 7 Months in the Service and discharged and mustered out by Major de Bois in Wheeling and rec: my Medal of Honor of Virginia also by and from Govr: Pierpoint of his Honor. I was compelled to quit the (Page 2.) own account got no Comand that thime and besides disabled in having the worst kind of Cronic Diorea, so I went home left Cattlet Station Va. and Major Hayward
Daum the Col my Col: quit the service and was not more with us in our Division, also Genl Shields he quit the Service that thime. I took an Oath on that in Beaver Court Hous befor the Clerk of Court in Beaver, and I want nothing of the Goverment in cas I was not intitlet to it. Col. M. S. Quay he is an Old Acquaintnes and Friend of mine, and he got all the papers and told me that he is doing all what he can for me the next Congres coming together. I don my duty as (Page 3.) first Lieut and Adjutant of the first Va: Light Artillery as such this Cronic Diorea has cripled me and my good health what I got befor, for my live thime afterwards and now the hessitation about my pension afterwards: Well in hopes that everry thing will come out allright I am now over 78 Years of Age all together by myself my dear Wife dead for over 3 Years and my 3 Children living forgot me. Well your Hon: M: Ware very Respectfully
Emil Bott artist.
CLAIMANT AFFIDAVIT (1906)
State of Ohio,
County of Stark
In the matter of INVALID PENSION
Claim No. filed June 17, 1891
EMIL BOTT 1st Lieut 1st Regt West Va Light Arty vols.
On this 17th day of February, AD 1906, personally appeared before me, a Notary Public in and for aforesaid County, duly authorized to administer oaths, EMIL BOTT aged 80 6/12 years a resident of CANTON in the County of STARK and State of OHIO, well known to me to be reputable and entitled to credit, and who being duly sworn, declares in relation to aforesaid case, as follows: That he is the Identical Emil Bott who renedered military service for the United States in the war of the rebellion. That he was commissioned as Lieutenant by the Governor of West Virginia about February 3 1862 and was mustered in on April 30th 1862 and assigned to 1st West Virginia Light Artillery volunteers as 1st Lieut and Adjutant and was honorably discharged on July 28th 1862 by reason of a reorganization of troops leaving claimant without command.
That he filed a claim for pension under the Act of June 27th 1890. On or about June 17th 1891 through Gulbert L. Eberhart of Beaver Falls Pa as his attorney and said claim was rejected as he recollects on the ground that he had not rendered 90 days service in the war of rebellion. That he filed his commission in your Bureau through said atorney and in March 1898 he filed his Discharge certificate through Senator M. S. Quay of Pa. in your Bureau and he requests that said Commission and Discharge Certificate be returned to him at 618 East North Street Canton Ohio. That he is unable to give the number of said claim having lost the card and his attorney refuses to furnish Same but the claim wad filed as above stated about June 17th 1891.
618 East North St. Canton, O.
Signed by Emil Bott.
Witnesses: Alfred S. Hamilton & Emma Hamilton
(Note: Daughter & Son-in-law)
Declaration For Pension
Act of February 6, 1907
State of PENNA., County of BEAVER, ss:
On this 9th day of May, A.D. one thousand nine hundred and SEVEN personally appeared before me, a JUSTICE OF THE PEACE withon and for the County and State aforesaid, EMIL BOTT, who, being duly sworn according to law, declares that he is 82 years of age, and a resident of BEAVER County of BEAVER. State of PA.; and that he is the identical person who enrolled at Wheeling Va. under the name of EMIL BOTT on the 5th day of FEB 1862. as a 1ST LIUET and ADJUTANT OF THE 1ST REGT. OF VA LIGHT ARTILLERY in the service of the United States, in the REBELLION War, and was honorably discharged at WHEELING, VA. on teh 22d day of JUNE, 1862; that his occupation was ARTIST; that he was born JULY 24th 1825 at GERMANY.
That his several places of residence since leaving the service have been as follows: Rochester, Monaca etc., Pa. Canton, Ohio.
That he makes this Declaration for the purpose of being placed on the Pension-Roll of the United States, under provisions of the Act of February 6, 1907.
His post-office is BEAVER County of BEAVER State of PENNSYLVANIA.
Claimant's signature EMIL BOTT artist
Attest: J. W. Nippert & Harry B. Nippert
Department of the Interior
Washington, D.C. September 26, 1907.
The Adjutant General,
For use in the claim indicated below, you are respectfully requested to furnish this Bureau with full militaru history and personal description, including birth-place and occupation of EMIL BOTT who, it is alleged, entered service FEBRUARY 5, 1862 as a ADJT in Co --, 1" Reg't W.Va L.A. and was discharged JUNE 22, 1862.
No other report on file
Inv. Orig. No. 1037953
V. Warner, Commissioner
The Adjutant General's Office,
Washington. October 1, 1907.
Respectfully returned to the
Commissioner of Pensions.
The name of Emil Bott has not been found on the rolls of the 1st West Virginia (or Virginia) Light Artillery, on file in this Department.
In a War Department special order dated November 3, 1886, it was announced that Emile Botte was mustered into service as first lieutenant and adjutant, 1st Virginia Light Artillery Volunteers, to date February 5, 1862, and mustered out and honorably discharged to take effect April 30, 1862, to which date, it is stated in the order, he rendered service.
His age and personal description have not been found of record.
F. C. Ainsworth
The Adjutant General.