David S. Baggs & Isabella Baggs – Southern Claims Commission

All over $5000 is hereby disclaimed.

Remarks: After the filing of the petition in this case the claimant who resided during the war in Liberty Co, Ga, died aged 79 years. His widow continues the prosecution of the claim & was sworn as a witness. From the testimony it is impossible to believe the Mr. Baggs was a loyal adherent to the cause & the government of the United States during the war. The widow says she heard her husband say “he was obliged to go with his state”. They had three sons in the Confederate Army & she says they “furnished them with clothing & money & provisions”. The only other witness called to prove loyalty says that he heard the claimant say that “he had fitted his son out with horse and such things.”

The claim must be rejected for want of proof of loyalty.

[Transcriber’s Comments: Claim originally filed by David S. Baggs, who died before the testimony was taken. His widow, Isabella Baggs, then took over the claim. Claim included a statement saying Baggs was unable to come to Washington for his claim because he was very old and feeble, being 80 years of age, and also poor and even though he had land, was only able to cultivate enough of it for his support. ]

Testimony of Claimant (Isabella Baggs)

[NOTE: Testimony was taken at the home of Mary E. Baggs on 24 and 25 July, 1872]

In answer to the First General Interrogatory, the Deponent says:

My name is Isabella Baggs, my age 66 years, my residence Liberty County, in the state of Georgia, and my occupation a [left blank]; I am the claimant and have a beneficial interest in the claim.

In the Case of David S. Baggs v.s. United States
Before the Commissioner of Claims Under Act of Congress of March 3. 1891 and May 11. 1872
State of Georgia
Liberty County
S.S.

The deposition of Isabella Baggs Widow of the Claimant taken before Virgil Hillyer Special Commissioner of Southern Claim Commission at Mary E Baggs in Liberty County to be used in the investigation of a Claim against the United States now pending before the Commission of Claims under Act of Congress of March 3. 1871 and May 11. 1872 in the name of David S. Baggs v.s. United States in the presence of M. G. O’Donoghue

1. What is your name, age, residence, and occupation?

My name is Isabella Baggs I was born in Wayne County State of Georgia I am 66 years old I reside in Liberty County on my own place. I am a widow. My husband was David S. Baggs.

2. Where did you reside from the 1st of April, 1861, to the 1st of June, 1865? If on your own land, what is the size of your farm? How much of your farm was cultivated, and how much was woodland? Where is it situated? What was your occupation during that time? Did you change your residence or business during that time? if so, where was your new residence, and what [was] your new business?

I resided from the 1st of April 1861 to the 1st of Jun 1865 in Liberty County on my Plantation. I think there is about twelve hundred acres or there abouts. I do not know how much was cultivated. My husband died on the 1st day of April 1872 My husband was a planter during the war My husband would have been 80 years old had he lived till the last of this month, July, we changed our residence a short time during the war, we went up into Tatnal [Tatnall] Co, we were only there about six weeks, we moved back onto our Plantation in this County Liberty

3. Did you ever pass beyond the military or naval lines of the United States and enter the rebel lines? If so, how often, when, where, and for what purpose, and how long did you stay within the Confederate lines on each occasion?

I did not pass beyond the Military or naval lines of the United States and enter the rebel or the Confederate lines I did not leave the Confederate States during the war [neith]er did my husband

4. Did you ever take any oath or affirmation to bear allegiance to the so-called Confederate States, or to aid or support them in any way, or to “bear true faith,” or “yield obedience” to them? If so, when and where? State fully in regard to the same.

I never took an oath for affirmation for any such purpose neither did my husband

5. Have you ever taken any amnesty oath? If so, when, where, and under what condition? Have you been pardoned by the President? If so, when and where, and upon what conditions?

I did not take the amnesty oath but I went with my husband when he went to take what I suppose was the amnesty oath. He took it, I never was pardoned by the President neith[er] was my husband as I know of

6. Were you ever directly or indirectly, or in any manner, connected with the civil service of the socalled Confederate States? If so, how, when, and where, in what capacity, and for what periods? Was any oath required of you for such service; and if so, what?

I never was directly or indirectly or in any manner so connected neither was my husband

7. Did you ever hold any office or place of trust, honor, or profit under the Confederate Government, or under any of the States or Territories subordinate thereto? If so, state the nature and character of the office, the place at which, and the period for which you held it?

I never held any such place of trust, neither did my husband

8. Did you hold any clerkship or have any agency or employment of any kind, for, or under, or for the benefit of the so-called Confederate States? If so, state fully in regard to the same.

I never held any Clerkship or had any agency or employment of any kind for or under, or for the benefit of the so called Confederate States neither did my husband

9. Were you ever, in any capacity, in the military or naval service of the so-called Confederate States, or of any State or Territory subordinate thereto?

I never was in any capacity in the Military or naval service of the so called Confederate States, neither was my husband.

10. Were you ever an officer or soldier in the Confederate army? If yea, when, where, how long, and when did you leave such service? [Each one of these questions must be fully answered.]

I never was an officer or soldier in the Confederate Army neither was my husband.

11. Were you ever in the State militia of any State while subordinate to the Confederacy? If yea, state when, where, how long, and when you left the service?

I never was in any State Militia of any State While subordinate to the Confederacy neither was my husband

12. Were you ever in the home guard, or upon any vigilance committee, or committee of safety, which subject to the Confederacy? If yea, state when, where, and how long?

I never was in the home guard or upon any violence Committee or Committee of safety while subject to the Confederacy.

13. If you claim that you were conscripted into the rebel service, state fully all the circumstances.
My husband never was conscripted into the rebel service.

14. Did you ever furnish a substitute for the rebel army? If yea, state fully all the circumstances.

I never furnished a substitute for the rebel army neither did my husband he was not subject to Military duty his age cleared him – he was in the War of 1812.

15. Were you directly or indirectly, or in any way, connected with or employed in the quartermaster’s department of the Confederate service or the commissary’s department, or the medical department, the engineers’ department, the ordnance department, the impressment service, the provost-marshal’s department, or any other branch of the Confederate service?

I never was directly or indirectly or in any way so connected or employed neither was my husband

16. Were you employed on any railroad in the service of the Confederate government? Did you aid in the transportation of soldiers, munitions of war, or supplies for the Confederate government? If yea, state fully all the circumstances. If you claim that what you did was not “giving aid or comfort” to the rebel cause, state fully all the facts and reasons for such your claim.

I never was employed on any railroad in the service of the Confederate government neither was my husband I never aided in the transportation of of soldiers, munitions of war or anything else for the Confederate government neither was my husband

17. Did you at any time have charge of any stores or supplies for the use of the Confederate army, navy, or government, or the charge or care of trains, team or teams, wagon or wagons, vessels, boats, or other craft, or munitions of war, for the use of the Confederate army or navy? If so, state fully in regard to the same.

I never had any such charge at any time neither did my husband

18. Were you ever in any service, employment, or business of any kind whatsoever for the Confederate government, or its army or navy? Did you ever furnish any aid, or any supplies or stores, or property of any kind, to or for the socalled Confederate States, or any State in rebellion, or to the army, navy, militia, home guards, armed forces, or military organizations thereof, or for any officer, soldier, or sailor thereof? If so, state fully in regard to the same. Did you ever give any information to any officer, soldier, or sailor of the Confederate army or navy, or to any person employed by or for the so-called Confederate States, or acting on their behalf, or for their benefit, which might aid in any way any military or naval operations carried on against the United States? State fully in regard to the same.

I never was in any service employment or business of any kind whatsoever for the Confederate government or in its Army or Navy – Neither was my husband. I never furnished any aid supplies or stores or property of any kind to or for the so called Confederate States or any State in rebellion or to the Army navy Militia home guards armed forces or military organization thereof or for any of the soldiers or sailors neither did my husband except to our children. I never gave any information to any officer or sailor of the Confederate army or navy, or to any person employed by or for the so called Confederate States or acting on their behalf or for their benefit which might aid in any way any military or naval operation carried on against the Confederate States – neither did my husband to my knowledge

19. Were you in any manner employed in the manufacture of munitions of war, of clothing, of boots, shoes, saddles, harness, or leather; of equipment for soldiers, or of any stores or supplies for the use of the Confederate army or navy; or were you in any way employed by, or did you aid or assist, others engaged in such manufacture? If so, state when and where, and by or for whom you were so employed, and for what period of time?

I never was in any manner so employed neither did my husband

20. Were you ever, directly or indirectly, employed in the collection, impressment, or purchase, or the sale of stores, supplies or any property for the use or benefit of the Confederate government, or any State in rebellion, or the army, navy, or other forces thereof? Did you have any interest or share in contracts with, or purchases for, the Confederate government, or its army or navy, or any State in rebellion, or its forces? If so, state fully all particulars.

I never was directly or indirectly so employed neither was my husband. I never had any interest or share in contracts with or purchases for the Confederate government or its army or navy or any State in rebellion or its forces neither did my husband to my knowledge.

21. Were you ever engaged in blockade running, or illicit traffic or intercourse between the lines, or were you ever in any way interested therein? Did you ever have any interest or share in any goods, wares, merchandise, stores, or supplies brought into or exported from the so-called Confederate States during the war? If so, state fully all particulars.

I never was so engaged neither was my husband. I never had any interest or share in any goods, merchandise store or supplies brought into or exported from the so called Confederate States during the war neither did my husband to my knowledge

22. Did you leave the so-called Confederate States between the 19th of April, 1861, and 19th of April, 1865? If so, when and how did you leave; where did you go; for what purpose; how long were you absent; in what business were you engaged while absent, and when and to what place did you return in the so-called Confederate States?
I did not leave the so called Confederate States between the 19th of April 1861 and the 19th of April 1865 neither did my husband.

23. Were you the owner, or part owner, or in any way interested in any vessel used in navigating the ocean to or from any port in the Confederacy, or upon any waters in the Confederacy? If so, what vessels, when and where employed, and in what business?

I was not owner or part owner or in any way interested in any vessel used in navigating the ocean to or from any part in the Confederacy or upon any waters in the Confederacy neither was my husband.

24. Were you ever arrested by the Confederate government, or by any officer, soldier, or other person professing to act therefor, or for any State in rebellion? If so, when, where, by whom, and how long were you kept under arrest? How did you get released? Did you, for the sake of being released, or upon release, take any oath of any kind to the Confederate government? If so, what? [Put the same questions as to arrest by the United States Government, etc.]

I never was arrested by the Confederate government or by any officer soldiers or other person professing to ask therefor or for any State in rebellion neither was my husband. I never was arrested by the U.S.A. or by any offices soldiers or other person professing to ask therefor or for any of the States – neither was my husband

25. Was any of your property ever taken by the Confederate authorities, or by any officer, soldier, or other person acting or assuming to act on their behalf, or in behalf of any State in rebellion? If so, what property, when and for what use, and have you received pay therefor?

I never had any property taken by the Confederate authorities or by any officer soldier or other person accruing or assuming to act on their behalf or in behalf of our State in rebellion neither did my husband

26. Were you ever threatened with damage or injury to your person, family, or property on account of your Union sentiments? If so, state when, by whom, and what the threats were?

I never was threatened with damage or injury to my person family or property on account of my Union sentiment, neither was my husband

27. Were you ever molested or in any way injured on account of your Union sentiments? If so, state fully all the particulars.

I never was molested or in any way injured on account of my Union sentiments neither was my husband to my knowledge

28. Did you ever contribute anything—any money or property—in aid of the United States Government, or in aid of the Union army or cause? If so, state fully as to the same.

I never contributed anything any money or property in aid of the United States Govnt [Government] or in aid of the Union Army or cause neither did my husband to my knowledge –

29. Did you ever do anything for the United States Government or its army, or for the Union cause, during the war? If so, state fully what you did.

I never did anything for the United States Govnt [Government] or its army or for the Union Cause during the War, neither did my husband to my knowledge –

30. Had you any near relatives—any husband, son, brother, or nephew—in the Confederate army? If yea, state his name, whether he is now living, and where he resides. Did you furnish him with any military equipments, any clothing, or any money? Did you contribute in any way to aid or support him while in the rebel service? [Each of the questions under No. 30 must be fully answered.]

I had three sons in the Confederate Army I suppose I did have other relatives but I do not know – I do not know that we furnished them with any Military equipment – we furnished them with clothing and money and provisions anything like that, we did not contribute in any other way to their support – one of my sons was wounded and died, the other two returned home and now living

31. Have you owned any Confederate bonds or any interest or share therein; or had any share or interest in any loans to the Confederate government; or did you in any way contribute to support the credit of the so-called Confederate States during the late rebellion?

We had Confederate bonds, I do not know how many they were destroyed – in the raid. I think my husband received the scrip or bonds for stock – he never bought any scrip or bonds to give other money for, I never in any way contributed to support the credit of the so called Confederate States during the rebellion.

32. Have you ever given aid and comfort to the rebellion? If so, state fully all the circumstances.

I never gave any aid or comfort to the rebellion neither did my husband [word] furnishing supplies to our children for such aid and comfort that was all we ever did –

33. Were you ever engaged in making raids into the United States from Canada, or engaged in destroying the commerce of the United States in the lakes and rivers adjoining Canada?

I never was so engaged neither was my husband
34. Were you ever engaged in holding in custody, directly or indirectly, any persons taken by the rebel government as prisoners of war, or any persons imprisoned or confined by the Confederate government, or the authorities of any State in rebellion, for political causes? If so, when, where, and under what circumstances? In what capacity were you engaged, and what was the name, rank, and command of your principal?

I never was so engaged directly or indirectly neither was my husband

35. Were you ever a member of any society or association for the imprisonment, expulsion, execution, or other persecution of any persons on account of their loyalty to the United States, or did you ever assist in such acts?

I never was a member of any society or association for any such purpose neither was my husband

36. Were you ever a paroled prisoner of the United States? Is so, when and where, and by whom paroled?

I never was a paroled prisoner of the United States neither was my husband

37. Have you ever held any office in the Army or Navy of the United States? Were you educated by the United States at the Military Academy at West Point, or at the United States Naval Academy?

I never held any such office neither did my husband I never was so educated neither was my husband

38. Did you ever receive any pass from any officer of the Confederate government, or from any person having or assuming to have authority to issue the same? If so, who gave you the pass; for what purpose; for what period of time; did you sign or swear to any promise or obligation in order to get it; or swear or promise to bear “bear true faith and yield obedience to the Confederate States;” did you use the pass, and for what purpose?

I never received any such pass neither did my husband to my knowledge

39. Are you or were you under the disabilities imposed by the Fourteenth Article of the Amendments to the Constitution of the United States? Have you held any office under the United States Government since the war? If so, what office; and did you take the (so-called) “iron-clad” oath?

I never was under the disabilities imposed by the Fourteenth article of the Amendment to the Constitution of the United States – neither was my husband

40. At the beginning of the rebellion did you sympathize with the Union cause, or with the rebellion? What were your feelings and what your language on the subject? On which side did you exert your influence and cast your vote? What did you do, and how did you vote? How did you vote on ratifying the ordinance of secession? After the ordinance of secession was adopted in your State did you adhere to the Union cause, or did you “go with the State?”

At the beginning of the rebellion I did not know what to do or what to say I looked upon the war as a bad thing. I do not know how my husband felt – for it is something I do not know about, I should think any body would be opposed to the war, I do not know how he voted after the ordinance of secession was adopted I heard my husband say he was obliged to go with his State.

41. [Original Question 34.] In conclusion, do you solemnly declare that, from the beginning of hostilities against the United States to the end thereof, your sympathies were constantly with the cause of the United States; that you never, of your own free will and accord, did anything, or offered, or sought, or attempted to do anything, by word or deed, to injure said cause or retard its success, and that you were at all times ready and willing, when called upon, or if called upon, to aid and assist the cause of the Union, or its supporters, so far as you means and power and the circumstances of the case permitted?

In conclusion I can only say that from the beginning of hostilities or the commencement of the war, I was opposed to it – that I never of my own free will and accord did anything or offered or sought to do anything by word or did to injure the Union Cause or retard its succ [success] and that I was willing to assist the Cause of the Union or its supporters so far as my means and from and the circumstances of the case permitted

General Interrogatory of Special Commissioner

I do not know anything about the taking of the property I was with my husband on our place in Tatnal [Tatnall] County at the time of the raid, and did not see the property taken – we left Mr Daniel Copes on our plantation in this County (Liberty) to take char[ge] of it, he can tell you all about it – he has been with us a long time and knows all about our business. All I know about the property is I know we had it when we left our plantation in this County when we returned it was all gone, and learned from Daniel Copes that it had been taken by the Yankee Army and that the officer had occupied our home as headquarters

Isabel Baggs

Sworn and subscribed to before
Virgil Hillyer
Special Commissioner
State of Georgia
Testimony of Witness (Jack Walker “Colored”)

In the case of David S. Baggs v.s. United States

Testimony of Jack Walker “Colored” – Witness

My name is Jack Walker. I was born in McIntosh Co I am 52 years old. I live in Liberty County about 12 miles from here – I am a farmer. I was born and lived a slave till freedom – David S Baggs was my master –

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

I was not present when the articles specified in Claimants account were taken.

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

I saw some of the articles after they were taken I saw the Horse and Mules in the possession of the Yankee Soldiers.

1 Item 3 Horses I saw in the possession of the Union Soldiers I did not ask them anything about the Horses I [word] too badly frightened they saw me looking at the horses they asked me if I knew them. I said yes – I went off and left them – I saw the Mules but they said nothing and I didn’t

4th Item I saw taken, the hogs I saw taken but nothing said

5th Item 500 Bus [Bushel] Corn taken I did not hear anything said

6th Item 100 Bus [Bushel] Rice I saw the Rice taken but nothing said

8th Item 2000 lbs Fodder I saw the Fodder taken they said nothing

9th Item 200 lbs Bacon was taken without saying anything to any body

10th Item I saw them take Rails – I saw them burning them it was cold weather in Jany [January] and they needed the fires to cook and warm by and they slept around the fires

3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]

[Witness answered this question under question #2]

4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?

The property was taken in this County of Liberty this State about five miles from here on Claimants place the property was taken in Jany [January] 1865 I do not know the day The property was taken by the U.S. Army. I saw more than one hundred taking the property I think from what others said there were 4 or 500 on this place – all helped take the property that had [word] it did not take them long to take the property but they were encamped there about two days

5. Who were present other than soldiers when you saw them taken? Give the names of all you know?

There was no person present at the taking except Claimants colored people and Mr Daniel Copes who were left there to look after the house – the old man Baggs was up in Tatnal [Tatnall] County on his other place

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?

I saw United States officer present at the taking I know the name of one Col [Colonel] Atkins. I do not know what number Command they belonged to they were all mounted – they were Cavalry troops I did not hear any order given but I suppose it must have been given or else it would not have been done or the property would not have been taken

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.

I did not see the horse and mules taken but saw them after they were “tooken” the hogs were shot I did not hear anything said – they came in great crowds the place was [word] in less than an hour, they [3 words] they wasted a great deal on the place, that was all we had to live on for several days

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

The property was removed in Wagons on horseback in their hands and any “how”

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?

It was removed to the Camp I did not follow it for they were encamped right there in the house all on the place I could see everything that was going on –

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.

I know the use for which the property was taken. It was taken for the use of the soldiers and horses to eat. I saw the Army using it in that way

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.

I did not hear any complaint made I did not bother myself about it.

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.

I did not hear any voucher or receipt I did not ask for any or see one

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?

The property was all taken in the day time.

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?

When the property was taken the Army was encamped right there on Claimants place I do not know what company or regiment that took the property I believe they called it General Kilpatricks cavalry they commenced taking the property as soon as they arrived there they came there in the afternoon and before dark it was all gone except the fencing they used that all night and next day there was no battle or skirmishes in that neighborhood

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?

The property was all in fine condition the corn had been gathered and put in the corn house the Potatoes had been dug and banked and put in nice order to stand the winter the horse and mule was in good order I do not know much about the cattle what was about the place was in good order there was beef cattle, cows and yearlings and all kinds of stock cattle I saw them killing cattle and eating them I should think they killed two hundred head I am sure there was over one hundred heads taken when they started a way they put some quarters of beef into the wagons for fresh meat. I do not know how old the horse and mule was they were in good order and young – enough for service.

16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. 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.

I did not count them one by one but I estimated them by the bunch and there were at least one to two hundred head I worked the horse and mule and know that he had 3 horses and 7 mules I counted the hogs many times that is the way I mean then were or was 50 head that was my business to count them every morning. I did not see the corn measured but the corn house was measured there were three corn houses and I think held about 400 Bus [bushel] each two of them were full of corn – and the other was near full not much taken out he raised over a thousand bushel that year they took it all – The rice was in the sheif [sic, sheaf] – a part of it was thrashed but not cleaned I judged the quantity by the bulk – I did not measure the Potatoes but estimated the quantity by the banks we put 15 to 16 bus [bushel] into a bank some times 20 bushels then corn 25 or 26 bushels and they were all taken – we estimated the Fodder by the bulk – I do not remember] the number of stacks there was 4 or 500 horse to feed and it did not take long to use up the Fodder it was all used there on the place I did not weigh the bacon that was estimated by the bulk I do not know how many sides there was it it does not take much to weight 200 lbs I do not know how many rails there were [word] but I am sure there was over sixteen thousand I will count the panels and let you know.*

[signed] Jack Walker [signed by Mark]

Witness Virgil Hillyer

Sworn and subscribed to before
Virgil Hillyer
Special Commissioner
State of Georgia

(Witness came back next day had counted the panels around one acre and made [word] one thousand one and sixteen I believe but he forgot to count the ?acres? and then that would give no correct estimate of what it would take to [word] a fence around 50 acres. I estimated the quantity to fence 28 acres at 16.000 rails V.H. Special Commissioner State of Georgia)

Testimony of Witness (Zenus L. Boggs)

My name is Zanas [Zenus] S.[L] Boggs. I was born in Clark Co Georgia I am 70 years old I reside in Liberty Co I am a farmer. I know the Claimant I first got acquainted with Claimant in 1832 I was intimately acquainted with him during the war I lived within 8 miles of him during the war. I saw him frequently during the war. I conversed with him some about the war. I was an adherent to the Union cause I think the Claimant regarded me as a Union Man. I do not recollect now just how he expressed himself. We often indulged in a rambling conversation about the war, he thought some times it would go this way and then that – my opinion was that slavery was at the bottom of it and I believe he was of the same opinion. We talked about our slaves, as we were both slave owners that if plan could be adopted by the Congress by which we could get pay for our slaves we would be glad to make] some such an arrangement and get rid of our slaves. We had made up our minds that they were a burden to us and it would be better for us. I think he had or owned 70 or 80 slaves. I had about 15 after I had divided among my children. I think the reputation of the Claimant among his neighbors was that he was a Union man one of them said they would have his hide on a pole – I do not know that he ever contributed anything to the Union Cause I do not think he did I do not think he ever contributed anything to the Army. I never heard of his giving any information to officers or soldiers of the Union Army in aid of their movement and cause I do not know that the Claimant was ever threatened with injury to himself or his family or his property on account of his Union sentiments. I do not know that he ever contributed anything in any way to aid the Confederate Government I heard him say he had fitted his sons out with horses and such things and sent them provisions when he could or when they were where he could do so I do not know that he ever held or owned any Confederate bonds I do not know that he ever did anything to sustain the credit of the Confederate States, I do not think he did. I do not [word] I never stopped to think what our condition or situation would be provided the Confederate Government had been successful in maintaining a separate Government I could not anticipate such a contingency I do not know whether his sons were conscripted into the rebel service or not I know they all kept out as long as they could they were all men with families none living with their father. He had there in the service two returned home one was wounded and died of the wound It was his wish to keep them out of the service and did all he could to keep them out I am [word] of that. The Confederate Government passed a law that any man owning 20 slaves should not be forced into the Confederate service but should be allowed to remain at home to cultivate his land and raise provisions – the Claimant in lieu of that law sent to each son a number sufficient to make the 20 slaves as [word] by the aforesaid law –

I havent any interest in the account of David S. Baggs

Z L. Boggs

Sworn and subscribed to before
Virgil Hillyer
Special Commission
State of Georgia

Testimony of Witness (Daniel Copes)

My name is Daniel Copes – I was born in Savannah Ga I am 37 Years old. I reside in Liberty County I am a blacksmith by trade I know the Claimant.

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

I was present when the articles of property specified in Claimants account was taken

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

I saw a portion of the property taken I saw the horses, the mules, the hogs, the Corn, the Rice, the Potatoes, the Fodder, the Bacon and the Rails taken I did not see the Cattle taken.

3. Begin with the first article (Item No. —) which you have specified that you saw taken, and give a full account of all you saw and heard in connection with the taking of that article? [The special commissioner should require the witness to state all the circumstances; for it is only by a knowledge of all of them that the commissioners of claims can judge whether the taking was such a one as the Government is bound to pay for. The common phrase, “I saw the property taken by United States soldiers,” is not enough, for there was much lawless taking. The witness should be required to detail the facts as to each item, when the items were taken at different times; but if all, or more than one, were taken at the same time, that fact should appear, and then a repetition of the circumstances is needless. The special commissioner must be careful to elicit all the facts, as well those against as for the claim, especially as to those articles of property which were the special objects of pillage and theft, such as horses, mules, cattle, hogs, &c. Claimants must bear in mind that a neglect to observe these directions works to the prejudice of the claimant, and may defeat the claim.]

Item No 1 I saw taken was the 3 horses they the soldiers came there and went right into the lot said very little, took the horses – they left their own and got on to claimants horse and rode off, the horse they rode there followed them

Item No 2 the 7 Mules I saw taken the horse was taken in the morning and the Mules in the afternoon the Claimant had ordered the negroes to take the Mules and the two wagons and get out of the way they started with them – but did not get far before they met the soldiers and they, the soldiers took mules and Wagons and harness –

Item No 3 the 100 head of Cattle I did not see taken the cattle was not on his place but some distance off and near Savannah I drove them there myself with the assistance of Young Baggs – they were 22 Miles off half way between Claimant’s house and Savannah

Item No 4 the 50 head of hogs – they took the hogs did not say anything

Item No 5 I saw them take the 500 Bus [Bushel] Corn – they drove up and took it without anything being said

Item No 6 The 100 bus [bushel] Rice they took and said nothing

Item No 7 The 200 bus [bushel] Potatoes were taken as other articles were without saying anything –

Item No 8 The 10,000 lbs Fodder was taken as the other articles were, they were too busy to talk much

Item No 9 The 200 lbs Bacon was taken without anything being said

Item No 10 The fuel rails they used up there on the ground.

4. Where were the articles taken? When were they taken? Give the day, month and year, if you can? By whom were they taken? Did you see more than one soldier engaged in the taking? How many soldiers were present? State the number as near as you can? How many helped take the property? How long were they engaged in taking the property?

The articles of property that I have stated I saw taken were taken on Claimants plantation in this (Liberty) County, they were taken in the winter after Christmas some time in Jany [January] 1865, and after they had been in Savannah. I can’t name the day of the month the property was taken by soldiers belonging to Genl [General] Kilpatricks Cavalry and under Command of Col. [Colonel] Atkins. I believe I saw more than one soldier engaged in the taking there was several hundred on the place I think there was a thousand I can’t say how many were engaged in taking but as many as could get a chance all were anxious to get hold of something – they was a part of two days taking the property

5. Who were present other than soldiers when you saw them taken? Give the names of all you know?

Myself and wife was the only white person on the place at the time of the taking besides the officer and soldiers, then was a plenty of darkies on the place, the claimant had I should think 50 or 60 slaves. I do not know just how many he did have young and old all together – the Claimant was on his other plantation in Tatnal [Tatnall] County he had been up there two months. I was taking charge of his place in the County, he changed about when we has here on his plantation in this County I went up into Tatnal [Tatnall] County on to his place then I have been with him off and on for about 16 years

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?

There was United States officer present at the taking there were Col [Colonel], Major, Captain, and Lieutenant. They called one Col [Colonel] Atkins who seemed to be at the head I heard the officer order the property taken I think it was one of the Majors who ordered the property taken – they talked among themselves and made their calculations how many teams it would take to move the property. I spoke to the Col to leave me some provisions he said he would but they did not leave a thing on this place.

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.

The Soldiers came about 11 oclock – commenced forming their lines – around on the place commenced building fires of the fence rails, the officer came to house and took possession of the house – a portion of it what they wanted to use they asked me if I had seen any rebels on that morning I answered yes a few had passed up the road a head of them they sent a scouting party in pursuit of them they commenced asking how much provisions we had, and how the neighborhood was supplied, how rich the people was, I told him that he need not move hiswagons there was none except what a few families had around here – he also asked me if the Old man had any Gold or Silver – he raid he [word] he must have some from the look of things I told him if he had I did not know it I had not seen it – as soon as they got ready they went to the corn house and helped themselves the property was all about in the same location some went at the Rice, some at the Potatoes, some at the Fodder some at the Bacon, there was so many of them and so anxious it did not take long the work was done quick –

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

The property was removed in Wagons that is the farm products – the hogs was killed right there and what they did not eat there they removed in Wagons and so with everything else the horse and mules were taken as before stated –

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?

The property, what they did not use up there on the place, was taken to the Camp near Savannah. I did not follow it – they asked me to go with them but I did not – they said they was agoing to send it there – that is all I know about the taking it there – I heard from other parties that the property was taken to the Camp near Savannah I have no doubt in my own mind but what it was taken there, they started in that direction when they left Claimants place –

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.

I know the use for which the property was taken it was taken for the use of the Army. I know it because I saw them using it. I saw the property so taken used by the United States Army I saw a part of the property used by the Army I saw them feeding the horses Fodder, Corn, and rice – I saw them using Potatoes Meat and other articles not in Claimants account -. What they did not use up there they removed in Wagons as I suppose and near to believe, to the camps near Savannah

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.

I complained and grumbled a good deal on account of the taking I complained to the officer in the house I complained to Col Atkins I do not know the regiment to which he belonged I only know that he belonged to Genl [General] Kilpatricks Cavalry – a branch of Genl [General] Shermans Army he said he would leave me a support, he did not leave me a thing I think he intended to do so but when he went to do so it was all gone every thing

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.

I did not ask for a voucher or a receipt neither did any one else – there was not any received that I know of –

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?

The property was taken in the day time – not secretly –

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?

The Army or that part of it was encamped at the time the property was taken, they were encamped right there on Claimants place it was Col [Colonel] Atkins Command – they came there in the winter I think the last of Jany [January] 1865 they came then in the morning and commenced taking the property as soon as they could dismount, they were a part of three days taking it there had not been any battle or skirmishes either before or after the property was taken. I do not know or did not know any quartermaster of any of them or any other officers of the Army for whose use the property was taken I think it was taken for officers and soldiers alike.

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?

The property was all in good sound condition when taken Horses were all in good order they were from 5 to 8 or 10 years old – worth at least $150.00 on an [word] the Mules were in fine condition 3 to 8 years old worth at least $200 each in good money – at that time the Cattle was good stock Cattle from 2 years to 10 years old they was worth at that time ten dollars a head on an [word]. The hogs were mostly fat hogs some stock hogs I should think about one half were fat hogs, the other half stock hogs, the fat hogs would go over one hundred pounds ?cut?, the stock hogs were very light I suppose about 50 lbs each the fat hogs was worth about $8 a head the stocks about $5 a head the corn was gathered and in the corn house and ready for use sound and in good condition worth $2.00 a bushel the Rice was in sheaf and of good quality – worth in the sheaf about $1.50 per bushel the Potatoes had been dug and banked were in good order and very fine worth $2.00 a bushel they were big $4 at that time. The Fodder had been well cured dry and in excellent condition worth then $1.50 per 100 lbs the bacon was dry and in the smoke house worth 25 cents pr [per] lb – twenty five cents per pound. Rails worth at that time $1.50 per 100 – the fencing was good and [word] I think about one half of them new –

16. What means have you of knowing the quantity taken? State particularly how you estimate the quantity? Did you count or weigh the articles? Give us all your data. 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.

I knew he had 3 horses and 7 mules I know how many he had for I was there and worked them I saw the Army using these horses and mules I know how many cattle there was for I drove them from his place to the place they was taken from that was 22 miles this side of Savannah I drove them there because it was a better range for cattle – I know the Yankee Army took them because when I went to look for them they could not be found I did not hear any body say the Army took them I did not see them taken I knew they were there before the Army passed and they were gone after they had passed. I did not count the hogs but I know there were 50 head from frequently being among them I did not measure the corn I arrived at the quantity from the size of the corn house I estimated the Rice in the same way I did not measure the Potatoes I estimated the quantity by the number of banks and size – the Claimant only put in his selected Potatoes he had many more than he has charged in the account I estimated the fodder by the bulk the claimant had a particular place for the fodder and we always knew just about how much we had and I think from the Bulk there was ten thousand lbs. I don’t know positively – I judge the quantity of bacon from what we used to put up for ourselves for the season I do not know how many Rails we had I estimated the quantity of rails by the quantity of land involved. I think there was 25 or 30 acres fenced I should think there was at least 20,000 Rails burned, the number of acres mentioned was not only fenced around, but there were yard fences and crop fences to make up the quantity of rails.

I am not related to the claimant in any way I have no interest in the account none whatever.

Daniel Copes
Sworn and subscribed to before
Virgil Hillyer
Special Commission
State of Georgia

In the case of David S. Baggs vs United States
Before Special Commissioner
Virgil Hillyer Esqr [Esquire]

There being no further evidence in the above case I respectfully submit it for the consideration and decision of the Commission

M. J. O’Donoghue
Attorney for Claimant