They Had Names

African Americans in Early Records of Liberty County, Georgia

Jacob Dryer – Southern Claims Commission

In 1877, Jacob Dryer, described as a “very prosperous and thrifty man,” made a claim against the U.S. government for $485 in property taken by Sherman’s Army from his home on George W. Walthour’s Westfield plantation, Liberty County, Georgia, in December 1864. Witness Samuel Maxwell testified that he saw Dryer every day and knew that he had property; he said that Israel James, Jupiter James, Toney Golden, and Brister Fleming could also testify to his loyalty to the Union. The Claims Commission Special Agent reported that Dryer was “the only really prosperous one among the Liberty County claimants. He is said to have feared the slavery of debt as much as he did the old slavery.” He added, “My own impression, unproved, is that Jacob Dryer came out of the war better off than he had ever been.”

Dryer had been enslaved by Walthour probably all of his life, as Walthour’s son Russell, born in 1841, testified that he had known Dryer all his life and that Walthour did allow his enslaved people to own property. Dryer had also testified that the horse that had been taken by the U.S. troops had been bred from a horse he had received from his father, again probably indicating that he had been on the Walthour plantation his whole life.

Dryer was only allowed $152 for his claim, the Special Agent having concluded that the corn, rice, cloth and clothing had been furnished to him by his slaveowner and thus did not belong to him. His lawyers argued unsuccessfully that had these items not been taken from him by the soldiers, he would have owned them after he became free and so they were for all intents his property. “To say that this property belonged to the master and that therefore it should not be paid for does not look very well from the high moral anti-slavery standpoint,” they added.

Jacob Dryer SCC testimony
Jacob Dryer SCC testimony

Transcription of Claim by Cathy Tarpley Dillon; Research by Stacy Ashmore Cole

More about the Claimant

Jacob Dryer testified in his 1877 Southern Claims Commission petition that he was 40 years old. Census records from 1870, 1880, and 1900 gave his birth year variously as 1820, 1821 and May 1830, which is not unusual; it does appear that he was likely older than 40 in 1877 [1]. In the inventory of George W. Walthour’s estate in 1861, there were two Jacobs listed on Westfield plantation, one 45 years old and the other, probably Jacob Dryer, 28 years old and valued at $1000. (According to the inventory, Walthour had three plantations: Richland, Homestead and Westfield.) [2]

According to the 1900 census, Dryer married Maria in 1860, and their first son, Lancaster, was born in 1866. They appear to have had four more children, Lindy (1867), Delia (1868), James (1876), and Henrietta (1879).

Dryer obviously continued his industrious and thrifty ways after the Civil War, as he made multiple land purchases. On January 21, 1875, he purchased 35 acres from E. Stacy for $234, described as “one portion of the Oakland Plantation known as Lot No one being the most western lot bounded on the north and west by lands owned by H.M. Stevens, on the east by Lot No 2 owned by Jacob Bacon & south by lands of E.H. Bacon containing in all forty acres more or less together with half of Lot No 3 and half of a lot of 20 acres cut off and lying between lot no 2 & 3 running through the entire tract from north to south adjoining and containing in both halves together thirty five acres more or less…” The deed also specified that “the said Jacob Dryer is entitled in addition to the land specified in the above deed five acres of the wooded land which is known as No. 10 not yet divided, and used in common by the lot holders.” [3]

On January 29, 1879, John L. Hardee sold to Jacob Dryer (both of Liberty County) for $150 land “known as lot no. 9 by a survey of H.W. Mattox of the Plantation formerly owned by H.M. Stevens & bounded as follows on the north by land known as the Arcadia place, on the south by lands known as the Oakland place on the east by lot no. 10 of this survey on the west by lot no. 8 of this survey.” [4]

On January 14, 1885, Henry Williams sold to Jacob Dryer (both of Liberty County) for $80 “fifty acres of land in said county bounded east by the Sunbury Road west lands of John L. Hardee north by lands of Frank Elliot south by lands of John L. Hardee said property being in my own name and unincumbered.” [5]

On December 11, 1891, Mary Ann Fletcher sold to Jacob Dryer (both of Liberty County) for $150 land “known as Lot Number (4) four of the Oakland Plantation Tract one seventh of Lot Number 10 of the Cato Tract containing in all sixty acres more or less and bounded as follows: on east by lands of William Wilson, said tract formerly occupied by Windsor Thomas.” [6]

The only time Dryer was recorded as selling land was in 1901, when he sold Chloe Golding 2 acres bounded north by Jacob Bacon, east by the road leading from Riceboro to Hinesville, south and west by his own land. [7]

Dryer’s death date was not found and there is some ambiguity. His wife Maria was listed as a widow in the 1910 census, and was living with four grandchildren next to son Lancaster, still in Liberty County [8]. However, it was not until June 29, 1918, that she applied to the Liberty County Court of Ordinary (probate court) for 12 months support from his estate [9]. The probate judge assigned Strap West, R.F. Cassels, and Isaac Morrison to come up with an appropriate amount of support, and they granted her $500 for the year, including 50 acres land in the 15th District, bounded north by lands of Caroline Elliott, east by lands of W.M. Stevens, south by lands of Henry Powell, west by lands of Delia Allen. They also included another tract of land in 15th District bounded north by Henry Powell, east by William Wilson, south by Henry Powell, and west by Henry Powell, plus one cane mill and 3 head stock cattle. They also allowed use of the household furniture by her and unnamed children.

Before the Civil War

For research into Jacob Dryer’s family lineage before the Civil War, dating back to the 1790s, click here

Sources

[1] 1870 U.S. Census, Liberty County, Georgia, population schedule, Subdivision 180, p. 9, dwelling #92, family #92, enumerated on November 16, 1870, by Robert Q. Baker, Jacob Dryer, digital image, Ancestry.com (https://www.ancestry.com: accessed 5/16/2020); 1880 U.S. Census, Liberty County, Georgia, population schedule, Dictrict 17, enumeration district 67, p. 3, dwelling #26, family #26, Jacob Dryer; digital image, Ancestry.com (https://www.ancestry.com: accessed 5/16/2020); 1900 U.S. Census, Liberty County, Georgia, population schedule, District 15, enumeration district 88, sheet #13, line number 67-72, digital image, Ancestry.com (https://www.ancestry.com: accessed 5/16/2020).

[2] Liberty County Court of Ordinary, Old General Book “C”, 1850-1853, p. 365-372, Estate Appraisement of George W. Walthour; digital image, Ancestry.com, “Georgia Probate Records, 1743-1990,” Liberty County, within “Miscellaneous Probate Records 1850-1853 vol C and L,” image #231-235. Record summarized and put online at TheyHadNames.net (https://theyhadnames.net/2019/11/13/liberty-county-estate-inventory-geo-george-w-walthour/)

[3] Liberty County Superior Court, “Deeds & Mortgages v. R 1874-1877,” p. 97-8, E. Stacy to Jacob Dryer; digital image, FamilySearch.org, “Deeds & Mortgages, v. R 1874-1877” within “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” image #336-7, (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QP-59SQ-F?i=335&cat=292358, accessed 5/16/2020)

1879
[4] Liberty County Superior Court, “Deeds & Mortgages v. S 1877-1882,” p. 318-9, John L. Hardee to Jacob Dryer; digital image, FamilySearch.org, “Deeds & Mortgages, v. S 1877-1882” within “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” image #201, (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QP-RSVD-3?cat=292358, accessed 5/16/2020)

1885
[5] Liberty County Superior Court, “Deeds & Mortgages v. U 1884-1885,” p. 376-7, Henry Williams to Jacob Dryer; digital image, FamilySearch.org, “Deeds & Mortgages, v. T-U 1882-1885” within “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” image #469, (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QP-R9D1-1?cat=292358, accessed 5/16/2020)

1891
[6] Liberty County Superior Court, “Deeds & Mortgages v. Z 1891-1892,” p. 319, Mary Ann Fletcher to Jacob Dryer; digital image, FamilySearch.org, “Deeds & Mortgages, v. Y-Z 1890-1892” within “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” image #494, (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QP-5TNN?i=493&cat=292358, accessed 5/16/2020)

[7] Liberty County Superior Court, “Deeds & Mortgages v. A-D 1901,” p. 100, Jacob Dryer to Chloe Golding; digital image, FamilySearch.org, “Deeds & Mortgages, v. AC-AD 1896-1901” within “Deeds and mortgages, 1777-1920; general index to deeds and mortgages, 1777-1958,” image #399, (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QP-5SSZ-K?cat=292358, accessed 5/16/2020)

[8] 1910 U.S. Census, Liberty County, Georgia, population schedule, 15th District, enumeration district 114, sheet 10B, line number 60-64, family #210, dwelling #202, digital image #20, Ancestry.com (https://www.ancestry.com: accessed 5/16/2020).

[9] Liberty County Court of Ordinary, Widows’ twelve months support 1874-1927, p. 299-300, Petition of Mariah Dryer; digital image, Ancestry.com, “Georgia Probate Records, 1743-1990,” Liberty County, within “Widows’ twelve months support 1874-1927” image #348. (https://www.familysearch.org/ark:/61903/3:1:3QS7-893L-5V6V?i=347&wc=9SYY-SP8%3A267679901%2C268034301&cc=1999178, accessed 5/16/2020)

Plat of Jacob Dryer's Land
Plat of land purchased by Jacob Dryer in 1875, Liberty County Deed Book R, pp. 97-8

About the Southern Claims Commission

The Southern Claims Commmission was set up by Congress in 1871 to adjudicate claims for property taken by U.S. federal troops during the Civil War. More than 140 Liberty County residents — both black and white — filed claims, mostly for property taken during December 1864 when a unit of Sherman’s Army commanded by General Kilpatrick camped at Midway Church and conducted foraging raids throughout Liberty County. Horses, cows, hogs, poultry, corn and rice were the most common items of property taken. In Liberty County, many slaveowners allowed their enslaved people to work on their own time and own small amounts of property, most of which was taken by the U.S. troops for use by the Army.

The claims files, which are held at the National Archives and Records Administration (NARA), have been digitized and are available at Ancestry.com or Fold3.com. For more information on these files, click here. A set of standard questions were used to take the testimony of claimants and witnesses. This set of questions was amended twice, in 1872 and 1874. The questions are not usually part of the digitized file, but we have included them to help make sense of the answers. The questions we used were provided online courtesy of the St. Louis County Library Special Collections, as taken from National Archives Microfilm Publication M87, Roll 1, Frames 104–105, Records of the Commissioners of Claims (Southern Claims Commission, 1871-1880), and can be found here.

About This Transcription

What you are seeing: The Southern Claims Commission files for each claimant included all forms filed for the claimant, including cover pages, standard forms with filled in information, a special agent’s report about the claim, remarks made by the Special Commissioner summarizing the case, testimony from the claimant and his or her witnesses based on a standard set of questions, and copies of other paperwork involved. Much of the information contained in the forms is repetitive. We have summarized that information into one block, and transcribed all testimony, the Special Commissioner’s remarks, the special agent’s report, and any other relevant text.

Methodology: The testimony of the claimant and the witnesses has been transcribed exactly as seen. Some of the files are faded and/or difficult to read. Any words that cannot be read are indicated by “[word]”, or, in the case of entire sections, “[section illegible]”. Alternative spellings of names are also indicated with brackets.

 

Jacob Dryer SCC claim cover page
Jacob Dryer SCC claim cover page

The Claim: Summary & Transcription

Find the digitized original of this claim file at this Ancestry.com link

Summary

Amount of Claim: $485
Total Amount Allowed: $152
Nature of Claim: Stores for Genrl Sherman’s Army
Claimant living in: #3 A & G Railroad
Incident occurred in: Walthourville, Liberty County
Claim #: 20685
Secondary Claim #:
Date Claim Submitted [YYYY-MM-DD]:
Date Testimony taken [YYYY-MM-DD]: 1877-11-01
Claimant’s Attorney: R.Q. Cassels, also Gilmore & Co of Washington, D.C.
Property Removed to: the camp of the Army
Date property removed: 1864-12-15 to 1864-12-21
Army unit involved: Sherman’s Army, commanded by General Kilpatrick
Date Submitted to Congress [YYYY-MM-DD]: 1878-12-13
Post Office of Claimant: #3 A & G Railroad

 

Witnesses to be Called:

Purpose

Samuel Smith [did not testify]

 

Samuel Maxwell

 

Russel Walthour

 

W.A. Golding

 



Items Claimed

 

Item #

Description

Amt Claimed

Amt Allowed

Amt Disallowed

1

1 black mare

100

80

20

2

1 single wagon

50

 

50

3

12 grown hogs

120

72

48

4

12 fowls

4

 

4

5

30 yds white cotton cloth

6

 

6

6

15 hives honey

15

 

15

7

2 sets wagon harness

20

 

20

8

50 bu. [bushels] corn

50

 

50

9

45 bu. [bushels] rice

90

 

90

10

3 suits new clothing

30

 

30

 

TOTALS

485

152

333

 

Transcription

Remarks: This case has been examined by Mr. Avery. We refer to his report & the evidence. Claimant was a slave, was allowed to own property. The son of his former master testifies that he was allowed to own property & did own a horse & some cows. Mr. Avery reports him as a very prosperous & thrifty man. The horse was taken for Army use. The wagon he bought before the war & owned it only two years. The hogs were a sow, some pigs & some grown hogs.

Mr. Avery says the corn & rice were given him for rations by his master & so belonged to the master.

We allow in all $152.

A.O. Aldis
J.B. Howell
O. Ferris } Comm’ers [Commissioners] of Claims

[image 104]

Testimony of Claimant

Jacob Dryer
Liberty County Georgia
Claim No. 20685

1. What is your name, your age, your residence, and how long has it been such, and your occupation?

Jacob Dryer, 40 years, Liberty Co Ga all my life, Farmer.

2. 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?

Am claimant.

[NOTE: Questions 3-43 were only put to claimants who had not been enslaved, and thus did not apply here. Questions 44-65 also did not apply.]

The following questions concerning the ownership of property charged in claims will be put to all claimants, or the representatives of deceased claimants:

66. Who was the owner of the property charged in this claim when it was taken, and how did such person become owner?

I was, worked and bought it.

67. If any of the property was taken from a farm or plantation, where was such farm or plantation situated, what was its size, how much was cultivated, how much was woodland, and how much was waste land?

From plantation Liberty County Ga. 3 or 400 acres, about 200 acres cultivated.

68. Has the person who owned the property when taken since filed a petition in bankruptcy, or been declared a bankrupt?

No.

[Question 69 was only for female claimants.]

The following questions will be put to colored claimants:

70. Were you a slave or free at the beginning of the war? If ever a slave, when did you become free? What business did you follow after obtaining your freedom? Did you own this property before or after you became free? When did you get it? How did you become owner, and from whom did you obtain it? Where did you get the means to pay for it? What was the name and residence of your master, and is he still living? Is he a witness for you, and if not, why not? Are you in his employ now, or do you live on his land or on land bought from him? Are you in his debt? What other person besides yourself has any interest in this claim?

Slave at end of war. Farming before freedom. Before the war worked for ?means? G. W. Walthour Liberty Co Ga. Dead. He is not witness because dead no no no no no one.

[Question 71 was only for “colored” witnesses who were testifying on behalf of white claimants.]
The following questions will be put to claimants and witnesses who testify to the taking of property, omitting in the case of each claimant or witness any questions that are clearly unnecessary:

72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.

I was. I did. 1 Black mare, 1 wagon, 12 head hogs, 12 fowls, 30 yds cloth, 15 Bee Hives, 2 Sets Wagon Harness, 50 bush[els] corn, 65 Bushels Rice, 3 Suits Clothing.

73. Was any of the property taken in the night time, or was any taken secretly, so that you did not know of it at the time?

In day time openly.

74. Was any complaint made to any officer of the taking of any of the property? If so, give the name, rank and regiment of the officer, and state who made the complaint to him, what he said and did in consequence, and what was the result of the complaint.

I made complaint to officer. Officer told me I would get pay for it.

[Question 75 starts image 116]

75. Were any vouchers or receipts asked for or given? If given, where are the vouchers or receipts? If lost, state fully how lost. If asked and not given, by whom were they asked, who was asked to give them, and why were they refused or not given? State very fully in regard to the failure to ask or obtain receipts.

No, because I did not know any better.

76. Has any payment ever been made for any property charged in this claim? Has any payment been made for any property taken at the same times as the property charged in this claim? Has any payment been made for any property taken from the same claimant during the war, and if so, when, by whom, for what property and to what amount? Has this property, or any part of it, been included in any claim heretofore presented to Congress, or any court, department or officer of the United States, or to any board of survey, military commission, State commission or officer, or any other authority? If so, when and to what tribunal or officers was the claim presented; was it larger or smaller in amount than this claim, and how is the difference explained, and what was the decision, if any, of the tribunal to which it was presented?

No, no, no, no.

77. Was the property charged in this claim taken by troops encamped in the vicinity, or were they on the march, or were they on a raid or expedition, or had there been any recent battle or skirmish?

Troops were camped before my door.

78. You will please listen attentively while the list of items, but not the quantities, is read to you, and as each kind of property is called off, say whether you saw any such property taken.

[No answers to question 78 recorded]

79. Begin now with the first item of property you have just said you saw taken, and give the following information about it. 1st.. Describe its exact condition, as for instance, if corn, whether green or ripe, standing or harvested, in shuck, or husked, or shelled; if lumber, whether new or old, in buildings or piled; if grain, whether growing or cut. 2d. State where it was. 3d. What was the quantity; explain fully how you know the quantity, and if estimated, describe your method of making the estimate.4th. Describe the quality to your best judgment. 5th. State as nearly as you can the market value of such property at the time in United States money. 6th. Say when the property was taken. 7th. Give the name of the detachment, regiment, brigade, division, corps, or army, taking the property, and the names of any officers belonging to the command. 8th. Describe the precise manner in which the property was taken into possession by the troops, and the manner in which it was removed. 9th. State as closely as you can how many men, animals, wagons, or other means of transport, were engaged in the removal, how long they were occupied, and to what place they removed the property. 10th. State if any officers were present; how you knew them to be officers; what they said or did in relation to the property, and give the names of any, if you can. 11th. Give any reasons that you may have for believing that the taking of the property was authorized by the proper officers or that it was for the necessary use of the army.

The Mare was Black. Mr. Walthour’s plantation Liberty County Ga worth $100.00 dollars December 16 or 17 1864. Kilpatrick Army put her in wagon drove her off 15 or 20 men 10 or ? horses about ½ hour to camp did not see any officer with them. They said you will get pay for it. I went to officer and he said he told the men to take her.

80. Now take the next item of property you saw taken and give the same information, and so proceed to the end of the list of items.

The Wagon was new. Mr. Walthour’s plantation Liberty County Ga worth $50.00 dollars December 16 or 17 1864. Kilpatrick Army put horse [word] and drove off 15 or 20 8 or 10 horses about ½ hour to camp no officer with the men I went to officer in camp and he told me that he ordered men to take it.

The hogs were Stock Hogs Mr. Walthour’s plantation Liberty County Ga 12 head I counted them worth 10 dollars a head December 18 or 19 1864 Kilpatrick’s Army killed and butchered them on the place used them in camp at my door 15 or 20 men about ½ hour. I went to officer and he told me that he had ordered men to take them.

The Fowls were grown. Mr. Walthour’s plantation Liberty County Ga 12 head counted them worth 30 or 40 cts a head December 18 or 19 1864. Kilpatrick’s Army shot them and cooked them in my yard 15 or 20 men. I went to officer and he told me he had ordered it but that I would get pay for it.

The Cloth was cotton. Mr. Walthour’s plantation Liberty County Ga 30 yds [yards] measured it worth about 15 or 20 cts [cents] a yard. December 18 or 19 1864 Kilpatrick Army took it out of house took it to tent 15 or 20 men. Officer said he ordered men to take it.

The Hives was full of Honey. Mr. Walthour’s plantation Liberty County Ga 15 hives worth one dollar a piece. December 18 or 19 1864 Kilpatrick Army broke hives and took out the Honey 15 or 20 men cut it in my yard where they were camped. Officer said he told men to take it.

The 2 setts [sets] of Harness were second hand Mr. Walthour’s plantation Liberty County Ga 2 setts [sets] worth $20 dollars. December 18 or 19 1864 Kilpatricks Army cut and broke it up at my door. Officer told them to do it.

The corn was shucked some Shelled, some in Ear. Mr. Walthour’s plantation Liberty County GA 50 Bushel measured worth one dollar a bushel. December 18 or 19 1864 Kilpatricks Army used and fed to Horses right there. Officers ordered men to take it for Army.

The Rice was threshed and housed. Mr. Walthour’s plantation Liberty County GA 65 Bushels measured worth $1.50 per bushel. December 18 or 19 1864 Kilpatricks Army fed it away 15 horses in camp. Officer told men to take it for stock.

The clothes were new. Mr. Walthour’s plantation Liberty County Ga worth $30.00. December 18 or 19 1864 Kilpatricks Army men put clothes on and carried them off.

Jacob Dryer

Sworn to and Subscribed before me 1st Nov 1877

Henry Way
Special Comr [Commissioner]
Testimony of Witness

Testimony of Witness (Samuel Maxwell)

 

Samuel Maxwell first witness for claimant:

The following questions will be put to every person who gives testimony:

1. What is your name, your age, your residence, and how long has it been such, and your occupation?

Samuel Maxwell, 46 years, Liberty County Ga, all my life, Farmer.

2. 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?

Not related to claimant, not interested in claim.

[NOTE: Questions 3-43 were only put to claimants who had not been enslaved, and thus did not apply here. Questions 44-51 also did not apply.]

The following questions will be put to every person testifying to the loyalty of claimants or beneficiaries:

52. In whose favor are you here to testify?

Jacob Dryer.

53. How long have you known that person altogether, and what part of that time have you intimately known him?

All my life.

54. Did you live near him during the war, and how far away?

On same place.

55. Did you meet him often, and about how often, during the war?

Saw him every day.

56. Did you converse with the claimant about the war, its causes, its progress, and its results? If so, try to remember the more important occasions on which you so conversed, beginning with the first occasion, and state, with respect to each, when it was, where it was, who were present, what caused the conversation, and what the claimant said in substance, if you cannot remember his words.

No.

57. Do you know of anything done by the claimant that showed him to be loyal to the Union cause during the war? If you do, state what he did, when, where, and what was the particular cause or occasion of his doing it? Give the same information about each thing he did that showed him to be loyal.

No.

58. Do you know of anything said or done by the claimant that was against the Union cause? If so, please state with respect to each thing said or done, what it was, when it was, where it was, and what particular compulsion or influence caused him to say or do it.

No.

59. If you have heard of anything said or done by the claimant, either for the Union cause or against it, state from whom you heard it, when you heard it and what you heard.

Never heard anything.

60. What was the public reputation of the claimant for loyalty or disloyalty to the United States during the war? If you profess to know his public reputation, explain fully how you know it, whom you heard speak of it, and give the names of other persons who were neighbors during the war that could testify to this public reputation.

He was known as Union Man because I have heard him say so many times.

Israel James, Jupiter James

61. Who were the known and prominent Union people of the neighborhood during the war, and do you know that such persons could testify to the claimant’s loyalty?

Toney Golden [alt: Golding], Brister Fleming

62. Were you, yourself, an adherent of the Union cause during the war? If so, did the claimant know you to be such, and how did he know it?

I was. He knew it by my life.

63. Do you know of any threats, molestations, or injury inflicted upon the claimant, or his family, or his property, on account of his adherence to the Union cause? If so, give all the particulars.

No.

64. Do you know of any act done or language used by the claimant that would have prevented him from establishing his loyalty to the Confederacy? If so, what act or what language?

No.

65. Can you state any other facts within your own knowledge in proof of the claimant’s loyalty during the war? If so, state all the facts and give all the particulars.

No.

66. Who was the owner of the property charged in this claim when it was taken, and how did such person become owner?

Jacob Dryer by working for it.

67. If any of the property was taken from a farm or plantation, where was such farm or plantation situated, what was its size, how much was cultivated, how much was woodland, and how much was waste land?

From Plantation Liberty County Ga about 4 or 500 acres 300 acres cultivated

68. Has the person who owned the property when taken since filed a petition in bankruptcy, or been declared a bankrupt?

Not as I know of

[Questions 69-71 did not apply]

The following questions will be put to claimants and witnesses who testify to the taking of property, omitting in the case of each claimant or witness any questions that are clearly unnecessary:

72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.

I was. I did. Black Mare, Wagon, 12 Hogs, 12 Fowls, 30 yds cloth, 15 Bee Hives, 2 Setts [Sets] wagon harness, 50 Bushel corn, 65 bush[els] Rice, 3 Suits of clothes.

73. Was any of the property taken in the night time, or was any taken secretly, so that you did not know of it at the time?

In day time openly.

74. Was any complaint made to any officer of the taking of any of the property? If so, give the name, rank and regiment of the officer, and state who made the complaint to him, what he said and did in consequence, and what was the result of the complaint.

Not that I know of.

75. Were any vouchers or receipts asked for or given? If given, where are the vouchers or receipts? If lost, state fully how lost. If asked and not given, by whom were they asked, who was asked to give them, and why were they refused or not given? State very fully in regard to the failure to ask or obtain receipts.

None that I know of.

76. Has any payment ever been made for any property charged in this claim? Has any payment been made for any property taken at the same times as the property charged in this claim? Has any payment been made for any property taken from the same claimant during the war, and if so, when, by whom, for what property and to what amount? Has this property, or any part of it, been included in any claim heretofore presented to Congress, or any court, department or officer of the United States, or to any board of survey, military commission, State commission or officer, or any other authority? If so, when and to what tribunal or officers was the claim presented; was it larger or smaller in amount than this claim, and how is the difference explained, and what was the decision, if any, of the tribunal to which it was presented?

No. No. No. No.

77. Was the property charged in this claim taken by troops encamped in the vicinity, or were they on the march, or were they on a raid or expedition, or had there been any recent battle or skirmish?

Troops were camped in claimant’s yard.

78. You will please listen attentively while the list of items, but not the quantities, is read to you, and as each kind of property is called off, say whether you saw any such property taken.

[No answers recorded.]

79. Begin now with the first item of property you have just said you saw taken, and give the following information about it. 1st.. Describe its exact condition, as for instance, if corn, whether green or ripe, standing or harvested, in shuck, or husked, or shelled; if lumber, whether new or old, in buildings or piled; if grain, whether growing or cut. 2d. State where it was. 3d. What was the quantity; explain fully how you know the quantity, and if estimated, describe your method of making the estimate.4th. Describe the quality to your best judgment. 5th. State as nearly as you can the market value of such property at the time in United States money. 6th. Say when the property was taken. 7th. Give the name of the detachment, regiment, brigade, division, corps, or army, taking the property, and the names of any officers belonging to the command. 8th. Describe the precise manner in which the property was taken into possession by the troops, and the manner in which it was removed. 9th. State as closely as you can how many men, animals, wagons, or other means of transport, were engaged in the removal, how long they were occupied, and to what place they removed the property. 10th. State if any officers were present; how you knew them to be officers; what they said or did in relation to the property, and give the names of any, if you can. 11th. Give any reasons that you may have for believing that the taking of the property was authorized by the proper officers or that it was for the necessary use of the army.

The Mare was Black. Mr. Walthours plantation. Liberty County Ga. Worth $100.00 dollars. December 18 or 20 1864. Kilpatricks Army put Bridle on her and carried her in camp in Claimant’s yard. Officer said he ordered men to take her that we will get pay for it. The wagon was new Mr. Walthour’s plantation Liberty County Ga worth $50.00 dollars December 18 or 20 1864 Kilpatrick’s Army camped in claimant’s yard officer said he ordered men to take it for the Army.

80. Now take the next item of property you saw taken and give the same information, and so proceed to the end of the list of items.

The Hogs were Stock Hogs. Mr Walthours plantation. Liberty County. 12 head counted them. Worth $8 or 10 dollars a head. December 18 or 20 1864. Kilpatricks Army camped in Claimants yard. Officer said he ordered them taken for use of Army.

The Fowls were grown. Mr. Walthours plantation. Liberty County Ga. 12 head worth 30 or 40 cts [cents] a head. December 18 or 20 1864. Kilpatricks Army camped in claimants yard. Officer said he ordered them taken for men to eat.

The cloth was cotton. Mr. Walthours plantation. Liberty County Ga. Worth about 5 or 6 dollars. December 18 or 20 1864. Kilpatricks Army camped in claimants yard. Officer said he told men to take it.

The Wagon Harness were second handed. Mr. Walthours plantation. Liberty County Ga. Worth 20 dollars. December 18 or 20 1864. Kilpatricks Army camped in claimants yard. Officer said he told men to take it for the army.

The Corn was shucked, some Shelled and Ear. Mr. Walthours plantation. Liberty County Ga. 50 bushels seen it measured. Worth one dollar a bushel. December 18 or 20 1864. Kilpatricks Army camped in claimants yard. Officer said he told them to take it.

The Rice threshed. Mr. Walthours plantation. Liberty County Ga. 65 Bushels saw it measured. Worth $1.50 a bushel. December 18 or 19 1864. Kilpatricks Army camped in claimants yard. Officer said he ordered it taken for Army.

The Clothes were new. Mr. Walthours plantation. Liberty County Ga. Worth $30.00 dollars. December 18 or 19 1864. Kilpatricks Army camped in claimants yard. Officer said he ordered it taken for men.

Samuel Maxwell

Sworn to and subscribed before me this 1st Nov 1877.

Henry Way
Special Comr [Commissioner]

Testimony of Witness (Russel Walthour)

 

Russel Walthour, testifying on February 14, 1878 at Walthourville, Liberty County, Georgia:

Additional evidence in case of Jacob Dryer Liberty County Ga on Claim 20685:

The following questions will be put to every person who gives testimony:

1. What is your name, your age, your residence, and how long has it been such, and your occupation?

Russel Walthour, aged 38 years, Liberty County Ga, all my life, Merchant.

2. 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?

Not related to Claimant. Not interested in success of this claim.

[NOTE:  Questions 3-51 did not apply.]

The following questions will be put to every person testifying to the loyalty of claimants or beneficiaries:

52. In whose favor are you here to testify?

Jacob Dryer.

53. How long have you known that person altogether, and what part of that time have you intimately known him?

All my life.

54. Did you live near him during the war, and how far away?

On my Father’s plantation. He belonged to my Father (deceased).

55. Did you meet him often, and about how often, during the war?

Occasionally as I was in the Army.

[Questions 56-71, 73-80 apparently were not asked]

72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.

Was not present but know he was allowed to own and did own property before and during the war. I know he owned a Horse and some Cows.

R. Walthour

Sworn to and subscribed before me this 14th Feby [February] 1878

Henry Way
Special Cmr [Commissioner]

Report of the Special Agent Avery

 

The claimant in this claim, is the only really prosperous one among the Liberty County claimants. He is said to have feared the slavery of debt as much as he did the old slavery. Ask anyone is his vicinity how Jacob Dryer is getting on and the reply is splendid. He has not bought any corn since the surrender. My own impression, unproved, is that Jacob Dryer came out of the war better off than he had ever been. The Hon. [Honorable] Comir [Commissioner] of Claims will notice that the class or grade of horses and mules taken through Georgia was low. Necessarily they could not stand hard service, and nine in ten of the horses or mules taken in one neighborhood, were abandoned in the next. James Horton, a South Carolina claimant, told me that and [2 words] head of horses were abandoned on the place occupied by him in Georgia, and to which he had refuged. Some were reclaimed by their old owners, but generally anybody took them who chose. He got two or three himself, but he did not credit the Government with them.The Liberty county claimants are reputed to have fallen heir to more stock, clothing, pots and kettles and tin dishes than they lost, but they will not now acknowledge it; either because they have forgotten or do not intend to tell the truth about it.

W. A. Golding swears in regards to this claimant: “He lives near me now. If I am not mistaken he had two horses. He owned a stock mare, and raised horses. He had cattle and hogs. He belonged to the Walthour’s, and was pretty well off. He has never bought a bushel of corn since the war.”

I think the testimony of claimant, as to facts, may be relied on. He lost a mare; wagon, at least five years old, and that originally cost $50; a few small hogs; and his chickens, and old harness.

The corn, rice, cloth and clothing, excepting one suit, had been furnished by the master, and belonged to the master.

Very respectfully,
R. B. Avery
Sp’l Agt [Special Agent]

Hon. [Honorable] Comir [Commissioner] of Claims,
Washington, D.C.

Additional Testimony of Claimant

 

Testimony [image 135] of claimant Jacob Dryer, colored, taken under oath, at Walthourville, Liberty County, Ga. June 4th, 1878.

Repeat this oath: I Jacob Dryer, do solemnly swear that I will tell the truth, the whole truth, and nothing but the truth, in regard to all matters whereof I may be questioned: so help me God.

Who fixed up your claim for you?

The first claim was Mr. Simms. I paid him seventy five cents. The next was Mr. Hillyer. I think Mr. Simms turned it over to him. He charged me twenty dollars. I told him I could not pay that much, and he dropped it right there. At last he told me them that paid him he would receive the money for them. He done nothing for me, and I didn’t pay him anything. The last time the Government and me accord, that all that didn’t meet at No. 3 [A&G Railroad], and put in their claim would lose it. Mr. [word] Cassell – Q. Cassell – sent a warrant for us to convene at No. 3. I went there, and he got the Clerk of the Court to come there – Mr. Way, and he sweared them, and had the claims fixed up. He cost me $9, and I’ve got to pay Mr. Cassell when the money comes. It was Mr. Way who swore us.

Where were you living when the raid came through?

At a place they called Westfield. It belonged to Mr. Walthour. I belonged to him too. I was a slave. I had some property. I had a horse, cows, wagon, hogs, ducks and fowls, two harnesses.

What kind of a horse did you have?

A black mare. I could not tell how long I had it, for I raised it from a colt. I had a mare. I got a mare off my fathers property. I had three horses when the raid come. They didn’t get but one. One died after they gone.

Where did you get these horses?

I told you my father give me a colt, and I raised it. That had another colt. I swapped it once. With Joe, who belongs to Mr. ?William? Way. The other two were from the same mare father gave me. One was a bay, and one a sorrel and the other a dark black. That is what the raid meet me with. The raid only got one. They took two, but one got away from them and when he got home I hid him away. The one they got was a grown filly. It was a good sized horse. About the size of my mule.

What kind of a wagon did you have?

A one-horse wagon, four wheels. I believe I didn’t have it more than two years. I bought it from a man named Joe Hines. I couldn’t really tell exactly what I give for it. I think I give fifty dollars. No that was not Confederate money. It was silver and United States bank notes. Oh, yes: I bought it before the war.

How many hogs did you have?

I think about 12 head of hogs. They were all large hogs. Most of all them was large hogs. Two were old sows. One of the sows had three small pigs. All the balance was grown hogs. They had him on good range, and was good meat hogs.

What fowls did you have?

A good lot. I don’t remember how many. I can’t remember.

Did you have any cloth?

Yes. White col cloth. Master bought for me. He gave it to me to dress the family with. I think it was 12 yards. It may be more, but I’d rather be under than over.

Did you have any bees?

Yes. I had ten or fifteen hives. I don’t remember exactly. I know I had a good lot. It was down on the claim.

You said you had two harness. What kind were they?

One was a new harness. I got it at Savannah. I gave 10 dollars for it. The other was second hand. I bought it out here, and gave $6. Oh! de war had been going on but didn’t get here den. When I bought them, I bought the second hand one before the war commenced. When I got the wagon.

Did you have any corn?

Yes, sir. I did know how much once. I raised it. No, sir. Not all of it. Master gave me some. He gave me about 45 bushels. I had a good long patch. I had my own horse and plowed for myself. More than an acre, that aint but four tasks. I think I had pretty near 50 bushels. I had it in the house. I had it in the house I lived in. I had only two rooms. Two rooms, I don’t know whether the house is standing yet or not. I had it on the loft, and in one room. I didn’t measure the corn. The soldiers were camped right before my door, and two wagons come and carried it off to another company. There were more than two wagons there but only two carried corn, and rice from me.

How much rice did you have?

I had about 40 bushels. I had one acre and a half. I had myself and wife worked the corn and rice. Master gave me time to work my crops.

Your corn and rice you say were carried off in two wagons?

Yes, sir. [word] company had been right before my door. They destroyed a good deal. They had been there for one week. They killed the chickens and pigs, and carried off my rice and corn.

Did you have any cows taken?

Yes, sir. I had four cows, but they didn’t take them. They had them in a brush pen, and one night they all got out. Mine and the rest, and mine come back after they went away. There is something I haint [haven’t] heard you ax [ask], but I had some valuable suits of clothing. I don’t know whether I will get anything for them.

What clothing did you have?

I had one suit of black, that I paid ten dollars for in Savannah. That was a new suit, just been bought. They didn’t left [leave] me a rag but what I had on my back. I bought several suits myself. I valued this one suit because it was new. I think I [word] five or six suits. I had a good sum of clothes that master bought for me, and all the good ones I bought for myself. That is all but my bed clothing and crockery were in the house. They took all that, and when I told them about it they said to come with them, and they would feed me.

Please read this over, and tell me if it is correct.

Yes, sir. That is all.

Jacob Dryer
Attest
R. B. Avery
Sp’l Com’r [Special Commissioner]

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[image 138]

[copy of requisition #2030 dated April 10, 1879, for $152 for Jacob Dryer.] 

—————————-

[image 139]

[copy of the draft for $152.] 

—————————-

[image 140]

Gentlemen, whom do you recognize as attorney in claim no. 20685 Jacob Dryer of Ga?

Truly

Horace Austin
Auditor

[Answer] Gilmore & Co
Chas. F. Benjamin
Clerk
Mch 19/79

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Comments by Attorney

 

Special Agent Avery remarks at close of his report in this case that “the corn, rice, cloth and clothing (excepting one suit) had been furnished by the master and belonged to the master.”

But it is obvious to remark that if these things had not been taken from claimant by the army, he would have had them after “freedom came,” and were to all intents his property. It seems to us hardly necessary to argue that claimant was free practically after the raid and had to depend upon himself for his supplies from that time one [on]. What he had when the “raid came” would have been his after he was thrown upon himself for a living, if the army had not taken it. And of course he would have had the profit and enjoyment of it.

To say that this property belonged to the master and that therefore it should not be paid for does not look very well from the high moral anti-slavery standpoint.

Gilmore & Co
per Richards
Attys [Attorney’s]

——————–

Jacob Dryer
No. 20685

“He lives near me now.”
“If I am not mistaken he had two horses”
“He owned a stock mare and raised horses. He had cattle and hogs.”
“He belongs to the Walthour’s and was pretty well off.”
“He has never bought a bushel of corn since the war.”
“He makes all he lives on.”

See deposition of W.A. Golding on private file.

State of Georgia
No 20685
Jacob Dryer
Allowed $152.00

We are the attorneys of Record in this case having filed with the Commissioners of Claims a power of attorney from J. M. Simms to Messrs Chipman, Hosmer and Co [Company] to prosecute all the claims in which he has a power of attorney.

Mch [March] 11, 1879
Gilmore & Co [Company]

Ga. 20685 EX
Doubt Enough to justify [word]

Son of old Master says he owned a horse and cows before war.

[word]
EX

Jacob Dryer 40 years old – ( [4-5 words] slave till end of war – belonged to G.W. Walthour. The witnesses are Sam’l [Samuel] Maxwell, who has a claim, and Russell Walthour, son of former owner who testifies in all these cases that they were allowed to own property. (Query – what share does he get?) The horse and wagon ?no? sets of harness, 50 bush [bushel] corn are very [word] belongings ?for? a plantation slave who didn’t hire his time.

 

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