James D. Polite – Southern Claims Commission

That the property in question was taken or furnished for the use of a portion of the army of the United States, known as Gen. Kilpatrick’s Army and commanded by General Kilpatrick and that the persons who took or received the property, or who authorized or directed it to be taken or furnished, were the following:

[left blank]

That the property was removed to the camps of the Army and used for or by the Troops of the United States all this on or about the [left blank] day of December in the year 1864.

That no voucher, receipt, or other writing, was given for the property.

[Paragraph of standard wording with no added writing omitted]

[Standard statement saying that the petitioner was loyal to the United States before and while the property was taken.]

________________________________

That said claim has not before been presented to any branch of the government.

That J.C. Todd is hereby authorized and empowered to act as Attorney for the prosecution of this claim.

Witnesses: [can’t read first name – looks like C.L. DeLamothe]], Amey M. Adlington
[Signed by] James D. Polite colored [signed by his mark]

State of Georgia
County of Chatham

[printed statement averring that the petitioner believes the statement to be true and that he did not voluntarily serve in the Confederate military or provide aid to it or the Confederate government]

Witnesses: Same witnesses as above

[Signed] [signed with his mark]

Sworn and subscribed in my presence, the 15th day of Jany 1873
Virgil Hillyer
Special Commissioner
State of Georgia

Names and residences of witnesses who will be relied upon to prove loyalty:

Isaac Bush
Sipio Sertin
March Marshall

Names and residences of witnesses who will be relied upon to prove the other facts alleged in the foregoing petition:

Same as above

Post office address of claimant: Savannah, Ga
Post office address of attorney: Savannah, Ga

________________________________

No. 20955

Claim of: James D. Polite
Of: Chatham County, State of Georgia

$509.00

Testimony of:

James D. Polite pages 3-11
Madison Smith 7 & 17
Chloe Bush 9 & 21

Taken before: Virgil Hillyer
Special Commissioner
State of Ga.

________________________________

No. 20955

Claim of James D. Polite
of
Savannah, Chatham Co, Georgia.

$509.00

Application to have
Testimony taken by
Special Commissioner
Virgil Hillyer Esq.
_______________________________

[Repetition of list of property claimed taken – no new information] [image 8145]

Standard typed page – no new information [image 8146]

James D. Polite vs. United States } Before the Special Comm[issioner] at Savannah

My name is James D. Polite.

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

I was born in Liberty Co. a slave & became free after the raid came through. My master was Major Bacon. He had about 40 slaves – he was a good master. He sold me to McAllister – I belonged to him when the raid came through. I am 62 yrs old. I live on Belmont Chatham Co. Ga. I am a farmer. I am the claimant in this case.

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?

When the war broke out I lived at ft. McAllister & remained there until the army came & took the Ft. & then I came on to Savannah with them and I worked on the Ft. for my master he sent me there.

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?

Irrelevant.

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 any such oath or affirmation for any such purpose.

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 took the amnesty oath in Savannah in Bryan St. I swore to be Union.

[Answers to questions 6 – 15 were “no.”]

6. Were you ever directly or indirectly, or in any manner, connected with the civil service of the so called 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?

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?

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.

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?

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.]

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?

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?

13. If you claim that you were conscripted into the rebel service, state fully all the circumstances.

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

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?

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 was employed on the railroad A & G R.R. My master sent me there. I worked there 6 months. My master got the pay for it. I was a laborer there. I didn’t aid in the transportation of soldiers.

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.

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 so called 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.

The only business I ever did for the Confederate Government was to furnish rice from my master’s rice mill to the rebel army. My master made me do it. I didn’t give them any information about the Yankees. I wouldn’t to save my life for I considered them my friends.

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 so employed.

[Answer to questions 20 – 25 was “no”.]

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.

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.

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?

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?

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.]

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?

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?

My master threatened me with 25 lashes if I didn’t tell him when the Yankees came on to the plantation. There were Yankees there then. I knew it but I wouldn’t let him know it.

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

My master made me take off my jacket & gave me 25 lashes to let me know what he would do next time. He suspicioned that the Yankees were there. He never had any more change to give me any more.

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 gave any such contributions.

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.

When Sherman’s Army came there to Fort McAllister, I piloted a lot of them so that the guns couldn’t hurt them. I had been in the Fort & knew all about it. I told a Col. ?Steffany? about it. The Fort was taken by Gen. ?Hagen? & the men came right up to my house & I rendered them such as I had. They took every thing of mine away clean & I went with them to Savannah – cooking for them & working & waiting on them. I never got a single thing for it. They promised to pay but I never got a single thing.

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.

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?

I had a brother in the rebel army waiting on his master.

[Answer to questions 31 to 39 was “no”]

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?

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

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?

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?

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?

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

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?

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?

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?

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 sympathized with the Union Company. I felt that I would join with them as long as I lived. When they fired on Ft. Sumpter I prayed that none of the Yankees might get hurt. I exerted my influence on the Yankee side – Union forever.

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 do solemnly declare that from the beginning of hostilities against the U.S. to the end thereof my sympathies were constantly with the cause of the Union, that I never of my own free will & accord did anything or offered or sought or attempted to do anything by word or deed to injure said cause or retard its success & that I was at all times ready & willing when or if called upon to aid & assist the cause of the Union or its supporters so far as my means & powers & the circumstances of the case permitted.

[Question 42 only asked of women]

If the claimant be a colored person, ask the following questions:

43. Were you a slave or free at the beginning of the war? When did you become free? What was your business after you became free? How and when did you come to own the property named in your petition? How did you get the means to pay for it? Who was your former master? Are you now in his employment? Do you live on his land? Do you live on land purchased of him? Are you indebted to your former master for land or property, and how much? Has anybody any interest in this claim besides yourself? State fully all the facts in your answers to these questions.

At the beginning of the war I was a slave & became free when the army came here, after I became free I continued farming for myself on McAllister’s place. He took one third & gave me two thirds. My first master was Major Bacon. McAllister was my last owner. I don’t live on his place or land purchased of him. I am not indebted to him. No one but me & my family has any interest in this claim. I worked moonshining nights. I sold rice & got the horse – my master gave me seed & I planted it & sold the rice & bought the horse. I had owned the horse 2 yrs. I bought one of the cows from my old master & raised the rest. I had been raising cattle 7 years. I planted the corn & used my own horse to plow. I worked for my master by the task & when I got through I worked for myself. I raised the hogs. I bought my first one from my master. I used to buy & sell of my master as I did with anybody else. I bought the mattress my master gave me the blankets. I bought the pots, table ware & raised the poultry. He allowed other slaves to own property. Them that were lazy wouldn’t. The shiftless ones never got anything.

Witness: A.M. Adlington

[Signed] James D. Polite [by his mark]

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

Testimony of Witness (Madison Smith) [image 8153]

Testimony of Madison Smith on loyalty.
I was born in Liberty Co. a slave & became free when the Yankee army came that way. I belonged to Mr. Jones. I am about 60 yrs old. I live 5 miles from Savannah Ga – in a place called Belmont. I know the claimant. I am no kin at all. I have no interest in it except to know what he lost. We were raised together. I knew him from a boy. I lived close by very nigh – our master’s places joined. We used to attend the same praise house & I saw him every meeting. He said that he hoped God might help us. I was in hopes of being a Union man & if they ever came through I would be a Union man. The claimant knew my sentiments. We always talked in the same way. We talked to ourselves among our own colors. We couldn’t let the white people see us talking together. The claimant was a ?classman? – taking up souls to the church. He never was threatened that I know of – he was an obedient slave. He never did anything for the Confederate army that I knew of nor helped their credit. He was always a true Union man.

Witness: Amey M. Adlington
[Signed] Madison Smith [by his mark]
Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Chloe Bush) [image 8155]

Testimony of Chloe Bush on loyalty.
I was born in Bryan Co. a slave & became free when the Yankee army came through. I belonged to McAllister. I don’t know how old I am, about 50 yrs old. I live at Belmont. I farm for a living. I am no kin to the claimant & have no interest in his claim. I have known him a good long while. We both worked in one field. Belonged to the same master. I lived one house from him. I saw him every day because we lived on the same place. We talked about the war. We didn’t talk in the presence of our master. He was wishing that the Yankees would come he was glad when they did come. He was obliged to be a good friend to the Yankees. He was very glad to see them. I heard that he piloted the Yankees where they wouldn’t get blown up by the torpedoes he talked about it to me.

Witness: A.M. Adlington
[Signed] Chloe Bush [by her mark]

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

Testimony of claimant on property [image 8156]

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

I was present when this property was taken.

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

I saw it 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.]

They turned right in & laid hold & killed, they said they would take it & we should get it back again. They said they wanted it to feed their horses. I begged them not to take my blankers but they said they must have it. They took every bit but what we had on our backs. I thought it was poor pay for what I had done for them in piloting them around the Fort. There were torpedoes in the ground that I piloted them around.

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?

This property was taken at my house on McAllister’s plantation. I think it was in December. I don’t know the year. I twas when the Union Army came there. It was taken by the soldiers of the Union Army. They were as thick as ants. I think over a dozen was engaged in taking it. I think they were 4 days in taking it. They came in little squads 8 or 10 at a time. My wife & children stood just so – had nothing but what they had on their backs.

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

There were present myself, Isaac Bush, Scipio Sertin, March Marshal, Chloe Bush & Madison Smith & two more. Mr Sertin is very low in bed. March Marshal is dead.

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?

The officers didn’t come on the place till afterwards. I didn’t hear any orders given. They just came right in & took it. They said that we would get pay back again but I didn’t look for it.

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 horse was taken at my back door. The cows were taken from the field. They killed them there. The corn was in my house on the loft & they just came right in & got it. The rice was on the other side of the loft. I had the hogs in the pen & they killed them. The peas were in a big cask in a corner of my house. They took them right there. They just came in & dragged the things out of my house.

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

They hauled these things away in a heavy, big wagon. They caught my horse, bridled & saddled him & jumped right on.

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?

They carried my things to the Fort. I piloted them to the Fort & then they came back & took my things. I could see them without following it.

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.

They took it for their own use. They said so. I saw them using this property. I was going backwards & forwards to the Fort. I saw them using it.

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 to Col. Stiffany or Tiffany – I don’t recollect his regiment. I only know that he belonged to the Yankee army. He said never mind – some day or other you will get pay for it all.

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 didn’t ask for any voucher or receipt.

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 all day. They commenced in the morning.

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 they took this property some were in camp & some in the Ft. My house was about ¼ of a mile from my house [SIC]. Gen Hagen’s command took the [word]. They took the Fort first & then they took my things. I think they stayed there December & January out. There was a fighting to get the Ft. that was just before my things were taken. I didn’t know the quartermasters. I knew some of the men. I don’t know whether they were officers or not. There were Joe Gaspin, Mr. Buckey, Mr. Hills.

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 condition of this property was very well. The rice was winnowed out & the corn was gathered & both were in the loft. The hogs were large & in good fattening order. The peas were threshed.

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.

Item no 1: This was a black mare a 4-yr old. I had her 2 yrs. She was a good, large heavy mare in good order. They took her (the Union soldiers on foot) & I couldn’t say anything.

Item no 2: One cow was nearly 7 yrs old. I bought her full-grown of my master. The next one was 4 yrs. The next one was a bull. He was 3 yrs old. The other one was 4 yrs old. There were 3 good milking cows & a bull. I bought the oldest cow with a yearling & afterwards the yearling had a calf & the old cow had another. That made 3 cows & a bull. It should have been one bull & 3 cows in place of 4 cows.

Item no. 3: I had 10 bushels of corn shelled & measured off. It was in the barrels in my loft. This corn was of my own raising. I got the seed from rations. My master furnished me rations. They took it away in barrels.

Item no. 4: I had 80 bushels of rice. It was threshed, measured & put up in the loft. I measured it in order to run off if necessary. I was afraid of Wheeler’s Cavalry. I wasn’t afraid of the Yankees. I thought they would kill me: they said so. I had 5 acres of mine planted in rice. Because I was large in family & could work 5 acres easily with my children after I had done my task. They took it all away clean.

Item no. 5: There 2 large hogs were in the pen & hardly fattened. I think they would weigh over 200 lbs. They killed them in the pen & dragged them out & skinned them & carried the meat off.

Item no 6: There were 12 bushels of peas. I planted 6 tasks of peas. They were gathered threshed out & measured & put away in barrels. We heard that the raiders were coming & were making preparations to clear out.

Item no. 6: There were 4 blankets & 2 sheets – that makes the 6 covers – there were 3 bran[d] new blankets & one old one – 2 thick cotton sheets. I saw them drag them off the bed. My wife was there & a little baby.

Item no. 8: These were good moss mattresses – bed ticking covers. They dragged the mattresses out.

Item no. 9: There were 3 large sized iron pots. They walked right in & took them. They used them for cooking. I couldn’t tell what they done with them. They must have carried them off.

Item no. 10. There was one large one & one middling sized one.

Item no. 11: I had 7 new plates – 3 old ones – these 3 old ones were platters – 9 new spoons – iron ones. They took them all.

Item no. 12: There were 16 head of big grown fowl. They shot them down. This property all belonged to me & my family & they (the soldiers) took every bit of it.

17-18. Passed.

19. They never gave me a single thing for this property. This is the only claim I have ever presented. The Yankee soldiers took these things & I had to leave to keep from starving. It was all my own. My children were crying for hunger.

Witness: A.M. Adlington

[Signed] James D. Polite [by his mark]

Sworn to and subscribed before me.
Virgil Hillyer
State of Georgia

Testimony of Madison Smith (Image 8162)

Testimony of Madison Smith on property.

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

I was present when the property was taken.

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

I saw the soldiers take the property.

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.]

They didn’t have anything to say, but just rushed right in & took everything he had.

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?

This was taken at claimant’s house on McAllister’s Plantation. It was taken some time in the winter. I think it was Kilpatrick’s army. There were horsemen. There were plenty of foot men too. Soldiers took it – either Sherman’s or Kilpatrick’s. There was a good smart taking it. They came in 9 or 10 at a time. They didn’t take no time to take his property. They took it in less than a day.

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

There were present the claimant & his wife – Isaac – Bush, March Marshall, myself & others. They are all scattered off so I don’t know where you can connect them.

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 were officers there. Colonels, Capts, Lieuts. I know they belonged to the Union army. I don’t know the regiment. I didn’t hear them give any orders. They were not there when they were taking the property.

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.

They caught the horse, put a saddle on him & drove him away. They took the cows – killed them in the field & carried off the meat – the corn, rice & peas, they took out of the house. They killed hogs the same as the cows. They came right into the house & took the blankets, pots etc.

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 taken away on their backs to the camp. They had a baggage wagon. I don’t remember distinctly how they took it away.

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?

They removed it to the camp. I couldn’t see but they carried it off & I allowed they must take it to the place where they were staying.

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 this property was taken. They must have taken it for the benefit of their own eating. The horse I suppose they took to work. I didn’t see any of it used.

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 didn’t hear any complaint made.

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 didn’t hear him ask for any voucher or receipt.

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?

This property was taken in the day time, between 10 or 11 o’clock & afterwards they continued till they had taken it all away.

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 they took this property they were encamped all around the settlement ¾ of a mile from his house, some more 8 or 10 tasks from claimant’s house (125 ft. is a task). They took the property when they first came there. They staid about a wk or two I think. It isa long time since & I forget. There had been some fighting at Ft. McAllister just before the property was taken. There was a whole regiment in [word]. I don’t know how many. I didn’t know the quartermasters or any of the officers.

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?

This property was in good order.

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.

Item no. 1: This was a splendid black mare. I couldn’t tell her age. They mounted her & rode her off. I know it was Mr. Polite’s because he used her for his own authority. I think he had it a year or two before the Yankees came. A good servant always had a chance with my master & his.

Item no. 2: He had 4 cows – one was a large bull – good stout, heavy cows. They were heavy. I am not a judge of weight. I saw them kill them & take off the meat. They killed them & cut them up & each man shouldered a piece & took it off.

Item no. 3: I think he had 8 or 10 bushels as near as I could judge by the looks. I don’t know how much ground he had planted in corn.

Item no. 4: By his pile of rice I should judge there were 80 bushels. I don’t know the acres he had planted in rice. I saw the soldiers take it away. Each man took his portion.

Item no. 5: He had 2 hogs in the pen. They were over 2 yrs old I should judge. I should think they would weigh 150 or 200 weight. He had put them up for fattening.

Item no. 6: I think there were 11 or 12 bushels of peas – as near I could judge. I didn’t see any of it measured. The hogs they killed & skinned & carried off & they took the peas away.

Item no. 7: I don’t know how many blankets he had. I saw them take them away. They were woolen blankets.

Item no. 8: I don’t know how many mattresses he had. I saw them take them out.

Item no. 9 & 10: I think that he had 2 or 3 pots & ovens. I don’t know exactly how many. I saw them carry them off.

Item no 11: I saw them taking away plates & platters but I don’t know how many.

Item no. 12: He had 15 head of poultry as near as I can come at it. They were all good-sized. I saw them take them away. They stripped them of almost everything. It was a shocking time for the colored people. I think he had 8 or 10 children.

17, 18, 19: Passed.

Witness: A. M. Adlington
[Signed] Madison Smith [by his mark]
Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Testimony of Witness (Chloe Bush) (image 8166)

Testimony of Chloe Bush on property

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

I was present when the property was taken.

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

I saw it 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.]

They didn’t say anything but came in & took the property – oh – they told us that they were the Yankees – that is all they said – they went ahead then & took the property.

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?

This property was taken at the claimant’s house on McAllister’s plantation. I think they came before Christmas. I can’t tell particularly who did it, but it was taken by the Yankee soldiers. There were a sight of them, a gang of them. They kept coming until they took the last. They kept taking until it was all gone. I don’t know how long they were.

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

Isaac Bush, March Marshall was there but I believe he is dead. James Polite & others.

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 didn’t know the officers when I saw them.

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.

They rode the horse off, from the field – went there & caught him – they shot the cows down in the field – they took the corn, rice & peas out of the loft of his house. They took the hogs away. I saw them but don’t know whether they took them from the pen. I saw them take the blankets, pots, oven, table ware & poultry out of the house.

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

They took them on their backs – didn’t carry them in wagons.

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?

I saw them go out of the yard. I don’t know what they did with them.

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 suppose they took it to make use of. I didn’t see them use any of it.

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.

He left the place & went up to make a complaint – so he said – I didn’t hear him.

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 didn’t hear him ask for any voucher or receipt.

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. They came in, in the morning. I heard people say it was Kilpatrick’s army.

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?

They were encamped when they took the property. They were not so far off. I expect a quarterly of a mile. They had camped & then they came to his house. They were there a considerable good while. They had been fighting at Jonas [or Jones] Point, at Ft. McAllister. I didn’t know the quartermasters or any of the officers.

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 order & put away in the house.

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.

Item no. 1: He had one fine horse – a black one – good-sized. I never knew how old he was. I can’t tell how long he had had him. The horse belonged to him. I saw him have him & thought of course it was his. Nobody never claimed him but him. I saw them ride the horse away.

Item no. 2: He had 4 head of cattle altogether – 3 cows & a bull – They were all full-grown. They cut it up & each took a piece.

Item no. 3: He had 10 bushels of corn. I asked him how much he had & he said 10 bushels. I never noticed how much land he had planted.

Item no. 4: I was there when he was measuring the rice. He had 80 bushels. He was going to put it away. They took away the rice & corn in bags. I was not so very close. They took them out & emptied them of what they were in.

Item no. 5: There were 2 hogs. I saw them take them away. I don’t know whether they were in the pen or not.

Item no. 6: I saw him have peas. They were measured & there were 12 bushels of them. I don’t know how they took them.

Item no. 7: I saw them carry out the blankets but I don’t know how many. I didn’t visit in the room where they slept.

Item no. 8: I saw them take out the mattresses. I don’t’ know how many.

Items 9 & 10: He had 3 iron pots & 2 large Dutch ovens. I saw them take them away.

Item no. 11; I saw them take out their hands full. I don’t know how many.

Item no. 12: He had 16 head of poultry. I counted them. I saw them take them all away.

I saw the soldiers take all this property from Mr. Polite & it all belonged to him.

Witness: A. M. Adlington
[Signed] Chloe Bush [by h34 mark]
Sworn to and subscribed before me
Virgil Hillyer
Special Commissioner
State of Georgia

Remarks by the Special Commissioner

Respectfully submitted

[rest of page marked out]

Commissioners of Claims
Act March 3d, 1871
No. 20055
Claim
Of
James D. Polite
Of
Chatham Co.
State of Georgia

Summary Report

Amount Allowed $—–

No. 20955

The claim of James D. Polite (Col’d) of Chatham County in the State of Georgia

Nature of claim

Horse, cattle, corn, rice, hogs, peas, Blankets, Mattresses, Iron Pots, Ovens, Table ware & Poultry

Amount Claimed: 509.00
Amount Disallowed: 509.00

Remarks

The claimant is a colored man and was the slave of one McAllister of Chatham Co. Ga. His claim is for property to an amount that slaves were rarely ever permitted to own. If the claimant’s story is true he was practically a well to do farmer carrying on farming business for his own benefit on a portion of his master’s plantation, trading with his master as with anybody else and more successful in accumulating property than most of his white neighbors. When slaves or those who were living in slavery until freed by the Federal army filed claims for property taken from them we require the best possible evidence of their ownership that can be produced, as they could in law own nothing the title must be at least such a one as the master recognized. Neither Mr. McAllister or any of his family are called as witnesses. He had sent this claimant to work on Fort McALlister, where he was employed when the Federal army took the property for which claim is made. From what we glean of McAllister’s character we doubt whether he was the man to allow his slaves to grow rich, especially as it must necessarily be at his own expense.

The claim is disallowed.

A.O. Aldis
O. Ferriss } Commissioners of Claims

[END OF CLAIM]