James Miller – Southern Claims Commission

Claim Summary

James Miller, formerly enslaved in Liberty County, filed a Southern Claims Commission petition in 1873 for property taken from him by the U.S. Army while they were foraging in Liberty County in December 1864 following Sherman’s march to the sea. James Miller, 41 years old when he filed the petition, said he had been held in slavery by Thomas Mallard in the Midway Church area of Liberty County. James’ brothers Edward and Lawrence testified for him, as did neighbor Mack Golding.

James Miller said that the soldiers took his sorrel mare, 100 bushels of rice, 50 bushels of corn, a saddle, bridle, leather harness set, 8 grown hogs, 3 half-grown hogs, 30 fowls and a 2-person blue buggy. Whey did an enslaved man have property to take? James testified that he worked for Thomas Mallard on the task system, commonly used in coastal Georgia. A enslaved field hand would be given a set amount of work to finish, and when he finished it, he could use his “extra” time to raise crops and stock for his own use or to sell. James said he would buy a stock animal and raise other animals from it, then sell them, and buy more. His father had bought a cow from “Captain Norman” and James then bought it from him. James said he had bought the mare that was stolen from the Busby estate when John L. Mallard was the overseer. James also planted and harvested rice and corn from land on the Mallard plantation.

When the soldiers showed up at James Miller’s house that December morning of 1864, his brother Edward recalled, they said they had come to give freedom and in return they took everything James Miller had. He did complain, Edward said, but the soldiers told him they needed it and he would be repaid. They took everything in wagons and on horseback to their camp at the Midway Church.

The testimony was taken in July 1873 by SCC Special Commissioner for Georgia Virgil Hillyer and his assistant Ellen E. Adlington, a white teacher from the North, at the “Cross Roads” church, which is now the First African Baptist Church and was formerly the North Newport Baptist Church. It is the oldest African American church in Liberty County, though the original building no longer exists.

SCC petitions filed by African Americans from Liberty County were believed by the Commission to be frequently inflated or fraudulent, due more to the influence of the lawyers than because of the claimants themselves, most of whom were illiterate and did not know if items had been added to their claim. Because of this, a special agent was frequently brought in from the outside to investigate the claims. Special Agent R.B. Avery reported in 1878 that James Miller seemed entirely honest to him, though he did feel the claim amounts might be overestimated since he had not seen land in Liberty County capable of producing the amounts claimed by James Miller. Miller argued that yields were better before the end of the War.

In James Miller’s interview with Special Agent Avery, Miller said he had been sick for seven months and was only then getting to the point where he could walk again. He apologized for his mind being “scattered” and his inability to recall everything.

Avery always spoke to other members of the community about his cases, and he reported that William A. Golding had said that Miller belonged to the same family he did (not clear if he means the actual family or the enslaver Thomas Mallard), and that “he always did very well.” Golding added that James Miller’s brother Lawrence was studying at Howard University in Washington, D.C., prompting Avery to suggest to the commissioners that Lawrence be interviewed. One of the SCC Commissioners did interview him in Washington and the interview was included in the file. Lawrence Miller received his B.D. from Howard University in 1880, and subsequently worked as a minister in Virginia. He received an honorary degree from Howard University in 1892 and continued working in Virginia.

There was some doubt about James Miller’s claim to own the horse, and it was that point Avery suggested Lawrence Miller be interviewed about. Lawrence clarified the situation: The stolen mare actually belonged to their father (not named), who was still alive at the time of the raid. Their father died the next year, in 1865. James was the eldest brother, and when his father died, he ‘inherited’ all his father’s property. The other brothers lived on the same place but not in the same cabin; Lawrence lived with their father and James lived next door. Lawrence described James as being the “director” of the family. Lawrence described his father as a carpenter, and said that their owner had allowed him to build a house and had allowed him to plant.

The SCC commissioners approved the claim, but only for $253, not the original $527.50 James had claimed. Cutting the amount of the award was standard practice for these allowed claims. Many more claims were disallowed than allowed.

Claim transcribed by Stacy Ashmore Cole

About the Southern Claims Commission

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

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

About This Transcription

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

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

The Claim: Summary & Transcription

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

Summary

Claimant’s Name: Miller, James
Listed as “Colored”? (Y/N): Y
Amount of Claim: $527.50
Total Amount Allowed: $253
Nature of Claim: Stores for Genl Sherman’s Army 1864
Claimant living in: Pine Land Plantation Liberty County Georgia
Incident occurred in: Midway, Liberty County, Georgia
Claim #: 20679
Secondary Claim #: 55034
Special Commissioner: Virgil Hillyer
Date Claim Submitted [YYYY-MM-DD]: 18??-02-28
Date Testimony taken [YYYY-MM-DD]: 1873-07-29
Claimant’s Attorney: Hosmer & Co, Washington, D.C.; W.H. Sykes (Savannah)
Property Removed to: the camp of the Army
Date property removed: December 21, 1864
Army unit involved: General Kilpatrick’s Army
Date Submitted to Congress [YYYY-MM-DD]: 1874-12
Post Office of Claimant: No 2 A & G Rail Road

Witnesses to be Called:

Edward Miller

Mack Golding

Transcription

Items Claimed

Item #	Description	Amt Claimed	Amt Allowed	Amt Disallowed
	1 Sorrel Mare	150	100	50
	100 Bbls Rice	150	50	100
	50 Bush. Corn	50	25	25
	2 Cows	40	30	10
	Saddle, bridle & set Harness	20		20
	8 Grown & 3 half grown Hogs	70	48	22
	30 Fowls	7.50		7.50
	TOTAL	487.50	253	234.50

Remarks: The claimant is a colored man and with his father, mother, brothers, & sisters was the slave of one Thomas Mallard, of Liberty Co, Ga. The case has been investigated and we think there is some merit in the claim. The master of these slaves was a kind man and allowed them to acquire and hold some little property. Some of the supplies had been the property of claimant’s father who died and the claimant, who was the oldest of the boys & was married, took care of his mother & became practically the head of the family. One of the brothers is a witness. They lived on the Mallard Plantation in a cabin by themselves when the Federal army came in Dec’r ‘64 and took the supplies for which claim is made. The quality of rice & corn we think is considerably over estimated.

Commissioners of Claims:

A.O. Aldis

O. Ferriss

J.B. Howell

[Transcriber’s Comments: ]

* J.M. Simms was first written as the lawyer, then crossed out.

* After the initial claim, “a good buggy” valued at $40 was added to the claim, changing the claimed amount to $527.50

Testimony of Claimant

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

My name is James Miller, my age 41 years, my residence Liberty County, in the state of Georgia, and my occupation a farmer; I am the claimant and have a beneficial interest in the claim.

James Miller vs United States }

Before Special Commissioner, Riceboro, Liberty County, Ga

Testimony of Claimant

Interrogatories by Special Commissioner

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

My name is James Miller. I was born in Liberty Co. Ga a slave, became free when the Army came through to here. I am about 41 years old. I live on my own place close by Midway Church. I am a farmer.

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 June 1865 on Thomas Mallard’s estate. I was a working ?hand? all that time and did not change my residence or my business.

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?

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.

3 & 4: Irrelevant

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?

The only oath I took was when I came to Riceboro to register for voting just before the election.

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?

6 to 23 inclusive to each & every question the claimant answers No! After hearing the questions read to him.

[Transcriber’s note: Those questions all intended for white claimants.]

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.]

The only time I was ever arrested by [the] Confederate Army was they took me up at Taylors Creek to be sent to Thomasville, but I got away from them then I came home. They did not disturb me afterwards. It was Wheeler’s cavalry arrested me. I was never arrested by the United States Government.

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 rebels.

26 to 28 inclusive to each and every question the claimant answers no!

[Transcriber’s note: Question 26 was about being threatened with injury due to his Union sentiments; 27 was about being molested or injured due to the same; 28 was about whether he ever contributed anything to aid the U.S. war effort.]

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.

The only thing I did was when the Union soldiers came here I helped them carry things to camp for 3 weeks. I went back & forward with them all the time. I had no opportunity to do anything before then.

30 to 39 inclusive to each & every question the claimant answers No!

[Transcriber’s note: Questions applied to white claimants only]

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?”

I was wishing for the Yankee Army to be coming so I could be free for all the time during the war. I was on the Union side all the time till they came.

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 solemnly declare that from the beginning of the hostilities against the United States to the end thereof, my sympathies were always on the side of the United States, & that I never did or offered to do anything against that cause & that I was always ready to aid & assist that cause when the means & 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 Union Army came into the county. I continued right on farming after I became free. I commenced raising fowls then hogs, next cows. I kept selling cows, hogs, & fowls till I got the means to pay for a horse. I had been raising these things so & selling for myself for about 20 years. I think I had raised this mare about 3 years before the Yankee Army came here, but I had raised horses before I bought this one when it was a colt. Those other articles, I got in the same way by working & raising for myself. I worked for my master by task. He worked all his slaves by task. Everything depended upon the task, the condition the ground was in, how much time I would have by task. I could finish my task sometimes in a half a day. This was for [faded word] Thomas Mallard. He is dead, died during the war. I bought a piece of his land & am farming on it. I bought it from his heirs. I bought [faded words] acres. I gave him $3.00 an acre. I owe all but 10 or 12 dollars on it. I bought the land in December. I made the first payment [faded words] last. I am to make the next payment on next January. No one has any interest in this claim besides myself. No part of this rice or corn belonged to the heirs of Mr. Mallard’s estate, it all belonged to me.

2nd set of interrogatories by Special Commissioner

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

I was present when these articles of property specified in my claim were taken.

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

I saw this property all taken by the soldiers.

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 just went by here & took this property, some of them said that they wanted it to feed the horses on, & to eat themselves.

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 Mallard’s plantation. It was taken as far as my recollection serves me in December, I can’t remember the year Sherman’s Army took this property. There were so many soldiers present when this property was taken I don’t think I could describe [faded word] they took it all in a part of 2 days I think.

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

There were present Edward Miller, Mack Golding & myself when this property was taken.

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 no officers there that I know of. I could not tell the officers. I did not hear any body give orders to take 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 took the horse out of the yard then [faded word] her up & took her out of the yard, hitched her into a buggy, & filled it up with [faded word] & rode off. They took off the rice in sheaves, the corn they took in ears, they drove the cows off from out of the field. The saddle bridle & harness they took out off the horse. They took my horse & harness & buggy all together, loaded the buggy up with corn.

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

This property was removed from my house on horses & in wagons & in my wagon [several words too faded].

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 the property to their camp at the Midway Church. I did not follow this property of mine. I know they were camped here because I went there after they took my property. It was their headquarters & all the property that they were taking went there & that is all the reason I have of knowing they took mine there.

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 fed the horses on the rice & corn & used the [faded word]. I saw them feed their [two faded words] with rice & corn.

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 make any complaint to any officers on account of their taking this property [1-2 faded words].

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 them for any voucher or receipt for this property.

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?

They took this property in the day time afternoon & the next 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?

The army were encamped when this property was taken from me at Midway Church & they strung all around some part of the army quite near to me, but their headquarters at the Church was about ¾ of a mile from me. They came up the same morning they came to the camp & got this property. There had been no battle or skirmishes near here just before the property was taken. They called their army Sherman’s Army. They were horsemen & footmen both. They staid there I think 3 weeks in camp. After arising went about every day & came back at the camp at night. They brought back with them cattle & hogs & horses & [word] of everything they could get. They generally sent out horsemen. I did not know any of the quartermasters or the officers of the Army.

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 condition when taken I think.

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. I had one horse taken. She was between 5-6 years old, fat & in good order. She was a good large bodied mare. I bought her. I commenced to raise chickens & hogs & cows & kept selling & raising, raising & selling till I got enough to buy me a horse. I had had horses before this, but they died. This was the 3d one I owned. They harnessed the mare with my harness & loaded the buggy with corn & rode off. It was my buggy.

Item No. 2. My rice was in the sheaves but I would not make it smaller [1-2 words] than 100 bus[hels]. It was stacked; there were 2 stacks of it. There were 2 ½ acres I had planted to rice. On such land I planted there would be 40 bus[hels] to the acre. I had a good crop that year. I think the rice crop was better than usual. The soldiers used this rice up in the sheaf. They took it off in bundles and on the horses & in wagons & they had a good many wagons there on the place taking the things. They took away 3 or 4 wagon loads of rice besides what they took away on horseback. They were 2 horse wagons I think. I would not have had less than 200 bus[hels] of rice if it had been thrashed. These 2 stacks were long stacks about 10 ft high. They took this rice all away.

Item No. 3. I judged that I had about 50 bus[hels] of corn if it was shucked. There was 10 bus[hels] of ears. It was [faded section]. I had 3 acres in corn that year. It was a tolerable good year for corn. They hauled this corn away in wagons & some horse back [3-4 faded words corn upon the pile that was there.

Item No. 4. I had 2 head of cows [2 faded words] 3 & the other 4 I think I raised them [1-2 faded words]. I can’t tell the weights. They [about 6 faded words] & both nearly full grown. There were [two faded words] size of Southern cattle.

Item No 5. It was a leather saddle. It had been used about 5 years old was [2-3 faded words]. It was a good stiff bit bridle, with leather reins. I don’t know how long it had been used but it was a good bridle. The harness was in pretty good order. It was a leather harness. I don’t know how long it had been used & they took the saddle I think to put on to other horses. They put my harness on my own horse & hitched her to my buggy.

Item No. 6. I had 8 hogs; four of them were fattening in the pen & the other 4 running out in good order. I think the 4 in the pen would weigh 150 lbs a piece. I think the other 4 would not weigh less than 130 lbs. I had 3 half grown hogs; would not weigh less than 50 lbs. They killed all the hogs & then took them away in wagons & on horses.

Item No. 7. I had about 30 head of grown fowl, but I had more young ones but I only put in the old ones. Some of these they carried [word] & some they [word] the heads off.

Item No. 8. This was a good two-person buggy painted blue. It was 2nd hand when I bought it but [3 words] & I had had it put in order. It was in good working order when the Yankees took it. They put [two words] this buggy with my harness & loaded it with corn & took it off. This property all belonged to me. I bought & raised it with my own money & labor. I did not receive any [word] for any part of it from the soldiers or any one else & I saw none of my property wasted. I saw a good deal was [word] at the camp at Midway after they left there just where the horses had been [word]. This is the first & only claim I have ever made out against the U.S. government.

[Signed] James Miller [signed by mark]

E.E. Adlington

Sworn to and subscribed before me

Virgil Hillyer

Special Commissioner

State of Georgia

——————————————————

Testimony of Witness

Interrogatories by Special Commissioner

My name is Mac Golding. I was born in Liberty Co Ga on Thomas Mallard’s place, a slave; became free when the Army came here. Old Tom Mallard was my master. I am about 45 [or 43] years old. I am a farmer. I know the claimant in the case James Miller. We were raised together. I am not related to him. I have no interest in his claim.

2nd set of interrogatories by Special Commissioner

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

I was present at claimant’s house when the property specified in his petition was taken.

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

I saw the property all taken by the Union soldiers.

When they first came up they said we have come to set you free, then asked for all of the things, wanted to know where they were, we told them they went in there and cleaned the claimant all out did not leave him a thing but what he had on his back.

The property was taken in December when the Yankees came into the country I do not know the day of the month or the year it was taken by the Yankee soldiers on Thomas Mallard Plantation at James Miller house. They belonged to Gen’l Kilpatrick Command. They were on horses – I think the first gang came up had 6 men in it – 6 horse men – the next morning after the 6 came, the whole company came up or I think 20 men – they searched the house and took everything they could find – I think they were two days off and on taking the property.

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

Edward Miller was present at the taking James Miller I was there & Mac Golding.

I did not know officers from privates at those times. I did not hear any orders given they had one man that acted as head man he may have been an officer but I did not hear any commands given. I was too much excited to remember much & so long.

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 in the yard and they caught her harnessed and put her to the wagon they loaded the wagon with corn and drove off, the rice was stacked in the yard and they went in and took it put some on horses and some in wagons and I believe fed some right there the corn was in the corn house, they went to the corn house and took the corn put it into the wagon, fed some & went off with it – and so they went on till they got every thing he had away.

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 horses, some little was used right at claimant’s house.

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 the property from claimant’s house to the camp at Midway Church. I went with them that is the way I know they went to the Camp with the property – after I got there with them they sent me back said they were done with me.

I know they took the property for the use of the army. I saw them using the corn, rice & hogs. I saw them using the buggy & the poultry.

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 claimant make any complaint [several words too faded] taking of the property.

I did not hear him ask any body for a receipt for the property.

They took the property in the day time, about after mid day & went on taking [several words too faded] & took the rest.

The Army were encamped when they took this property about a quarter of a mile from Tom Mallard’s plantation. They came up immediately after they got there [word] the property. They were horse men & footmen both there. They were Kilpatrick’s men. They staid there about 4 weeks. They just [word] up their tents, & went off to Hinesville & to Walthourville & all over the country [word] forage & when the horn blew at night, they all came back to camp. There had been no battles or skirmishes there just before the property was taken. They [word] up for a skirmish but the rebels wouldn’t stand it so they went off. I did not know the quartermasters or any of the officers.

This property was in pretty good order when taken. The corn & rice were in good order & harvested & all the rest in good order.

Item No. 1. He had one horse about 8 years old. I think she was [several words faded]. She was not quite grown when he bought her. I don’t know how old she was when the Yankees took her. The soldiers caught the mare & took her to the wagon & filled it full of fodder & carried it off to the church. They used claimant’s harness.

Item No. 2. He had about 100 bus[hels]. He planted 2 ½ acres of rice. It was in sheaves, stashed up in his little [word]. They pulled the [word] down & came in & loaded the wagon with it. I did not see them put any of it on horse. They took 2 large wagon loads of rice away. These large wagons they call [word]. Some of them have 6 horses. These were large [word]. They expect to have 100 bus[hels] in a stack. He had one stack.

Item No 3. He had 50 bus[hels] of corn. He had 3 acres planted in corn. I judged it by the pile. I judged by the number of acres too. They took the corn in the same 2 wagons that took the rice. They were 6 horse wagons.

Item No. 4. He had 2 cows. I think [word] cow was a good 6 years old & the yearling about 4 years old. They drove the cows [word faded]. I saw them. They were out. I think the old cow would weigh 600 lbs & the yearling ?00 lbs.

Item No. 5. He had a [faded]. I think it had been used about 3 years. The bridle about the same time as the saddle. [1-2 words] harness of leather. He bought it was the [word]. They took the bridle & saddle out of the house put [rest very faded].

Item No. 6. He had 8 head of hogs. I judge they would weigh from 100 to 150 lbs. They were fat & in good order. He had them in the pen. He had 3 half grown shoats. I think they would weigh about ?50? Lbs. They took these hogs & took them in the wagon & carried them to the church.

Item No. 7. He had 30 head of fowls. I know they were so many I counted them. They killed the fowls & put them into the wagons & took them off.

Item No. 8. He had a painted Spring Buggy I don’t know how long he had had it. They hitched claimant’s horse in this buggy with his harness, loaded it up with corn & rice [word faded] to the church.

This property all belonged to the claimant. He bought one & raised the others from this. He bought a little shoat, & raised hogs from that. He bought the buggy. He worked for his master by the task & when he finished the task, he worked for himself & this is the way he got the property except what he raised.

[Signed by] Mac Golding [signed by mark]

Witness

E.E. Adlington

Sworn to and subscribed before me

Virgil Hillyer

Special Commissioner

State of Georgia

Testimony of Witness

Interrogatories by Special Commissioner

My name is Edward Miller. I was born on Tom Mallard’s place in Liberty Co GA a slave and I became free in Dec’r. I know it was Christmas month & when the Army came here. My master was Thomas Mallard. I am near 41 years old. I reside on my own place in Liberty Co Ga. I am a farmer. I know the claimant James Miller. He is my brother. I have no beneficial interest in his claim.

2nd set of interrogatories by Special Commissioner

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 all taken.

They said they would take it & carry it & we would get it again. They said they would pay us again. I heard him say it myself. They said they came to give us free[dom]. That’s all I remember that they said right now.

This property was taken at claimant’s house on [word faded] Tom Mallard’s plantation in Christmas month, the year ?the Yankees came?. Kilpatrick’s Army took the property. They were so many I couldn’t imagine how many. The first day they came up they [word] in just the [2-3 words]. They came up in the morning & [1-2] words all the evening & a part of next day.

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

Mac Golding & James Miller the claimant & his wife & myself were there when this property was taken.

I don’t know officers from the privates. I didn’t hear any orders given by any [word] take 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 came & took the mare [word] up to the house & put it in the buggy. They took his harness out of his house & put it on his mare & hitched her up to the buggy & loaded it up with corn & went off to the camp. They broke the rice from out the stacks, it was in [word] sheaves & put it on the horses & in wagons to the camp. They took the corn in the ears & put it in bags & took it to the wagons & some they [2 words] on horse back. I saw them they took the cows out of the pen & drove them off. They took the saddle & bridle out of the house & that’s all I know of it. They took the hogs out of the pen & killed them & carried them off to the camp. They took the [7-8 words too faded] & carried them off on the horses.

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 removed this property in wagons & on horses.

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 this property to the camp. I went with them & that is the way I know they took it there.

I suppose they used this property for provisions & provisions for the horses. I saw them feed [2-3 words faded] this property & using some of the provisions at the camp.

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 heard him complain to some of the soldiers there I don’t know whether they were officers or not. He complained, ?but? they expected him to [word] when all his things were taken from him. [word] them he didn’t know what he should do. They told him all they took from him he would get back.

I did not hear him ask for a voucher or receipt.

They took this property in the afternoon of one day & the morning of the next day.

When they took this property, the army were encamped there near. They were there about 3 weeks in camp. It was Kilpatrick’s Army. They [went] back & forward through the country. They went all about [1-2 words faded] forage where they could get it. I didn’t know any of the quartermasters or the other officers.

This property was in good condition when taken.

Item No. 1: This mare was about 6 years old. She was a pretty large horse, medium sized good order horse, well broken to the saddle & harness. They hitched her to the wagon with the harness and loaded up with corn & went off.

Item No. 2. He had about 100 bus[hels] rice. I estimate it according to the stack. He had 2 stacks. I think he had about [faded] bus[hels] to each. He had 2 ½ acres of first quality of rice land planted. This can raise at least 40 bus[hels] [faded] good land in the [faded word]. This rice was taken away in the sheaf on horseback [two words] with the corn. There were a [word] of wagons going & coming & I couldn’t tell how many. They took some of the rice in wagons. It was about ¾ of a mile from claimant’s house to the camp. These stacks were large about 10 ft across and stood 8 feet high may be more & may be under this. They were not [word] stacks but long. They were close together. They took all the rice away & left not even a bit.

Item No. 3. I think he had 50 bus[hels] of corn from the pile I judged so. It was in the ear. He had 3 acres planted in corn. This corn was in the corn house. It was a pretty large house. Some of it was in the loft of his house & the rest in his corn house. I think the corn house was about 10 by 1? & 7 or 8 ft high. It was pretty full about half full I think from the pile. They took the rice away in wagons & took them in bags to the camp on horses. They took in any kind of wagon they could get.

Item No. 4. He had 2 head of cows. One was 4 & the other 3 I think. They were heavy cows, fat & in good order. They drove them off [2-3 words faded) & that was the last I saw of them.

Item No. 5. One saddle & one bridle. This was a leather saddle ?common English saddle? with leather bridle [2-3 words]. He had it I don’t know how long. They were in good order. They took them out of the house & that’s the last I know about it. The harness was in good order. I don’t know how long he had it. They put the harness on to the horse & took it.

Item No. 6. He had 8 head of grown hogs & 3 shoats. I think the 4 [word] hogs in the pen would weigh 150 lbs a piece & the ones [word] running out in the potato patch I think they would weigh 130 lbs a piece. I think the shoats would weigh about 50 lbs a piece [2-3 words faded]. They killed these hogs & carried some on horse back & some in wagons to the camp.

Item No. 7. He had 30 head of fowls. They killed some & caught some & carried them away on horseback & in the wagons.

Item No. 8. This was a blue spring buggy. It was in good working order. I don’t know how long it had been used. They harnessed the claimant’s horse hitched her to the buggy & loaded it up with corn & drove it off. This property all belonged to the claimant my brother. I know he struggled & strived for it a long time a good many years. I don’t [3-4 words faded]. I never heard anybody else claim any part of this property. I saw the soldiers [word] all this property from [4-5 words faded] it. I saw them take to the camp. He always worked for his master by the task. He [3-4 words] this way by working by the task and [word] time to work for himself he got this property.

[Signed by] Edward Miller [signed by mark]

Witness

E.E. Adlington

Sworn to and subscribed before e

Virgil Hillyer

Special Commissioner

State of Georgia

________________________________

In the Case of James Miller vs. United States }

Before Special Commissioner Virgil Hillyer Esqr

Riceboro, Liberty County, Georgia

We have no further testimony to offer further than asking permission to amend the original bill of items and hereby submit the same for the consideration and decision of the Hon[orable] Commissioners

W.H. Wykes

Claimant’s Counsel

——————————————————

Duplicate

No. 20679

In the case of James Miller vs. United States

State of Georgia Liberty County

Before Special Commissioner

Virgil Hillyer Esqr

Riceboro GA

In the above case no. 20679 your petitioner and claimant beg leave to to amend his account by adding thereto Item no. 8 a good buggy omitted from the original account and petition and which was taken by the United States Army and used by them 1 good buggy $40.00

Your petitioner begs leave to introduce witnesses to prove the taking and using of said property all of which is respectfully submitted

W.H. Sykes

Claimant’s Counsel

Witness

E.E. Adlington

[Signed] James Miller [signed by mark]

Sworn to and subscribed before me the

28 day July 1873

Virgil Hillyer

Special Commissioner

State of Georgia

——————————————————

No. 20679

James Miller, Col’d [colored]

Liberty County, Ga

Testimony of James Miller, page 1.

Report of Sp’l [Special] Agt [Agent] page 7

Respectfully forwarded

From Waynesboro, Ga

July 20th, 1878

W.B. Avery Sp’l Agt

Looks honest [underlined]

Testimony of James Miller, claimant, taken under oath, at Cross Roads Church, Liberty Co. Ga June 8th 1878

Q: Please repeat this oath.

A: I, James Miller, do solemnly swear that I will tell the truth, the whole truth, and nothing but the truth, in regard to all matters whereof I may be questioned. So help me God.

Q: Who made up your claim:

A: James Simms, Ver. Hillyer, at Riceboro. The fees were paid this spring by Mr. Allen, $18 and some cents.

Q: Where were you living when the raid came?

A: At Mr. Thomas Mallard’s place, about a mile from Medway Church.

Q: What property – what kind of property?

A: A horse, cows, rice, corn, fowls and a buggy and harness, and saddle and bridle.

Q: What kind of a horse did you have?

A: It was a mare, sorrel. It was about ten I think about four years old, as near as I can recollect.

Q: What did you say “ten” for?

A: If I said ten I didn’t intend it.

Q: Where did you get it?

A: I bought it. I bought it from the estate of Busby. It was bought privately. The Busby place was near Dorchester. John L. Mallard was the overseer of the Busby place at the time. He sold it to me. During of [SIC] the war. I can’t remember. It was in Confederate money, and about $175. It was about three years old when I bought it. It had one colt while I had it. He was a young colt in the time of the passing of the Yankees. They left the colt, and I raised it, and it died about two years afterwards.

Q: How much rice did you have?

A: As far as my recollection serves me it was about 100 bushels. I kept it in the house. My house had only one room. The rice was on the floor.

Q: Now I will stop on that to inquire about some corn. How much corn did you have?

A: As far as my recollection serves me it was about 50 bushels. I raised it. I can’t tell how much land I had in rice and corn. At that time we had to plant little pieces about. I could not have it in acres. My master gave me a peck of corn a week. We had to work by tasks at that time. Many times I would get some one to help me, and get along that way. I would pay them whatever they asked according to the time they worked. I had a wife. She didn’t belong on the same place with me at that time. I kept my corn in the corn house, in the loft, over my head and on the floor of my room.

Q: What makes you think you had 50 bushels of corn?

A: The pile of it we had our judgment about things; and tell as near as I can.

Q: I am trying to get at the value of your judgment. 50 bushels of corn and 100 bushels of rice, would be a good crop for one hand to make, it appears to me, and any land I have seen in Liberty County, if he worked at it all the time. You only had odd times to work. How could you raise such a crop during the odd hours you had to devote to it?

A: By working hard at it. We made better crops in those days than we do in these days. I suppose because the land was better. [several words faded] my head. I had a buggy that I could use to gather my crop in. What we called a buggy in those days was a go cart. We could use it like a buggy, and haul our things in the body. It had four wheels.

Q: Did you have a cow taken?

A: Yes, sir. It was two cows. I raised them. The forerunner of them was bought. My father had bought a cow from Capt. Norman, and I bought from my father. I gave him $5 for a yearling long before the war. The cows were killed right on the place. The soldiers were there and skinned them. I would not think of saving a hide at that time. The whole land was covered up with hides. I don’t know how many soldiers were there. They remained right around there some weeks. [Two words] My mind is so scattering that I couldn’t promptly say what color those cows were, and I would not wish to make a mistake on it.

Q: Where did you get the saddle & bridle?

A: I bought it at Savannah. You must excuse me. I’ve been down sick for seven months, and am just beginning to walk about, and my speech and memory are pretty well gone. I don’t remember what I gave for the saddle & bridle. I got them before the war. I had the harness before the war.

Q: Do you remember how many hogs you had?

A: I don’t. I know it was in the “teens,” of all sizes. Some were grown. I don’t remember exactly whether I had any in the pen. I think I had.

Q: Fowls?

A: I don’t rightly remember how many I had. I know I had a good many.

Q: Were your hogs eat up right there?

A: No, they carried them to the church. They carried them horseback, hand and in wagon. I don’t remember whether they were all killed the same day.

Q: Please hear this read, and tell me if it is correct.

A: Yes, sir. That is as I told you.

Attest

[Signed] James Miller [signed by mark]

R.B. Avery, Sp’l Com’r

——————————————————

Claim of James Miller Col’d

Liberty County Ga } No. 20679

This claimant looks honest. His testimony, nonetheless, can not be relied on as absolutely correct. He makes his corn and rice crop a long way too large. There are none of them doing that well now, when they have all their time, and every inducement to get on in the world. It seems there were quite a family of brothers. Among them they had some stock. Wm. [William] A. Golding testifies: “He belonged to the same family that I did. He always did very well. He had some stock property, a cow, hogs and one or more horses in the family. There were two or three brothers of them. One brother is now in Washington at Howard University.”

This man has been very unfortunate. I would respectfully suggest that his brother, if at Howard University, be asked to tell who the horse belonged to which is claimed for by James Miller. But for the doubt expressed by Trone Hargrave, so honest did claimant appear, I should have had no doubt of how ownership of the horse claimed.

Very respectfully,

R.B. Avery

Sp’l Agt

Hon[orable] Com’rs [Commissioners] of Claims

Washington, D.C.

——————————————————

Commissioners of Claims

Act March 3d, 1871

Claim No. 20679

James Miller (Col’d)

Testimony Taken

Before the Commissioners

Washington, D.C. Feb 15, 1879

Testimony of

L.E. Miller (Col’d)

Washington D.C.

February 15, 1879

Claim No 20679

James Miller (Col’d)

(No counsel was present during the examination)

Lawrence E. Miller (Col’d) sworn:

By Com[missioner] Ferriss:

Q: How old are you?

A; I will be 29 the first of March.

Q: At the close of the war, then, you were about 15 or 16?

A: Yessir.

Q: Was James Miller your brother?

A: Yessir.

Q: How old is he?

A: Some 40-odd years of age.

Q: Where did you live during the war?

A: In Liberty County, Georgia.

Q: Your family were slaves?

A: Yessir old Thomas Mallard was our master.

Q: Had your brother a wife at the time he filed his claim?

A: Yessir.

Q: Were they living in the Mallard place?

A: Yessir.

Q: How many servants did Mr. Mallard have at that time?

A: He had over 100.

Q: Did your brother have a cabin by himself?

A: Yessir.

Q: Do you remember the fact of the army coming through there & taking property?

A: Yessir, I do.

Q: What property did your brother have?

A: He had horses & hogs & other property & wagons.

Q: Do you remember anything about the horses? Do you remember what they were?

A: There was a mare & a colt: it was a bay mare. The mare was bought by my father, but he died shortly afterwards & he [James?] was the oldest boy & the property came into his hands. [Transcriber’s note: “[James?]” had been inserted into the text by the original transcriber of the interview.]

Q: Was he the only one of age at the time your father died?

A: Nosir; he was not the only one of age, but he was the oldest of the boys.

Q: Where did the others live?

A: In the same place but not in the same cabin.

Q: Did your brother take charge of the mare himself?

A: He did not take charge of it until my father died, & then everything came into my brother’s hands. He was the “director” of the family.

Q: Did you continue to live with him after your father died?

A: Yessir.

Q: And this brother took the property & supported her & was really the head of the family?

A: Yessir, & he is now.

Q: Do you remember about this mare being taken?

A: Yessir.

Q: IWere you living in the same house with him?

A: I was living with my father. My brother lived next door to us.

Q: Was your father living when this mare was taken?

A: He was.

Q: How long after that did he live?

A: He died the next year in 1865 shortly after the army came through there.

Q: The mare, then, belonged to your father when it was taken?

A: Yessir.

Q: Do you remember any cattle, cows, or anything of that kind?

A: My father had cows but I don’t recollect whether they were destroyed in the army [word or two too faded].

Q: You don’t remember whether they were taken away by the army or killed there?

A: Nosir: I do not.

Q: Do you remember about any corn or rice?

A: We had corn & rice. I suppose somewhere near 100 bushels of rice & some 50 or 60 bushels of corn, more or less.

Q: And some hogs?

A: Yessir but I don’t know exactly how many.

Q: Can you tell how it is that he had so much rice?

A: Well, the place on which my father lived the master allowed him to plant so much there, & my father was a carpenter & he lived on this man’s place & he allowed him to build a house on his place & he lived there & he allowed him to plant there. That is how he came into possession of it.

Q: But wouldn’t that be a pretty large amount of rice for a man in his circumstances – a slave – 100 bushels?

A: I should not think so, not in his condition.

A: Was this man a pretty kind master or a pretty hard one?

A: He was a very kind man. He always allowed people time to work for themselves, after [word too faded] & they could sell what they raised & [word] the [word] as they chose.

Q: They were permitted to do that?

A: Yessir.

Q: Was your brother married when the army came through?

A: Yessir, he was. My father lived on the same place where he lived.

Q: How much land did your father have to plant [word faded]; how much did Mr. Mallard give him to cultivate?

A: Well, he could have four or five acres.

——————————————————

Miller } 20679

For Agent

Rec’d Savannah, Ga

May 14th, 1878

Witnesses

Mac Golding

Edward Miller

——————-

James Miller

Liberty Co. Geo. } 20679

Claimant is 41 yrs old, and lives on his own place close to Midway Church. During the war lived on the Thos. Mallard estate. Was a slave at the beginning of the war and became free when the Union army came into the country. Commenced farming and raising fowls, hogs and cows and finally bought a horse. Had been raising for himself for 20 years. Bought the horse when it was a colt three years before the army came. The hands all worked by task. Sometimes clmt could do his in half a day. Clmt bought his land from the heirs of the Estate on which he formerly lived. Bought ?? 53 ? acres had paid $10 or $12 on it.

Account

Sorrel mare – 100 bus. of rice – 50 bus. Of corn – 2 cows – saddle bridle & set of harnesses – 6 hogs – 3 shoats – 50 fowls $487.50

The property was taken by Sherman’s army in December

Over

[Transcriber’s note: Says “over” as if there is another page but nothing found – may be something missing from file]

——————————————————

20679

James Miller

Additional Items

No. 20679 in the case of James Miller vs. United States }

State of Georgia Liberty County

Before Special Commissioner

Virgil Hillyer Esqr

Riceboro, GA

In the above case no. 20679 your petitioner and claimant begs leave to amend his account by adding thereto Item No 8 a good buggy omitted from the original account by petitioner and which was taken by the United States Army and used by them 1 good buggy $40.00

Your petitioner begs leave to introduce witnesses to prove the taking and using of said property all of which is respectfully submitted

[Signed] James Miller [signed by mark]

Witness: E.E. Adlington

Sworn to and subscribed before me this 2? July 1873.

Virgil Hillyer

Special Commissioner

State of Georgia

——————————————————

D.5.216

Claim No. 55.034

Sett No. 8298

James Miller Ga

$ 253.00

Due him

Out of the appropriation for

“Claims of Loyal Citizens for Supplies

Furnished during the rebellion”

For amount allowed him

By the Southern Claims Commission

Reported: June 22, 1880

Returned: [faded] 29, 1880

Requisition No. 7413, dated

July 7, 1880, transmitted for

Warrant July 10, 1880.

————————————————————

The United States

To James Miller

For the amount allowed him by Act of Congress, Private No. 106

Approved June 14, 1880, entitled “An act making appropriations for the payment of claims reported allowed by the Commissioners of Claims under the Act of Congress of March 3, 1871.”

Two hundred and fifty three dollars 253.00

Payable in care of Hosmer & Co., Washington, D.C.

Treasury Department,

Second Comptroller’s Office

June 29, 1880

Hm. A. Saxton

Clerk

Treasury Department

Third Auditor’s Office

June 21, 1880

Kee

Clerk

They Had Names

African Americans in Early Records of Liberty County, Georgia

James Miller – Southern Claims Commission

Claim Summary

About the Southern Claims Commission

About This Transcription

The Claim: Summary & Transcription

Summary

Transcription

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