Claim transcribed by Cathy Tarpley Dillon
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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
SCC Disallowed Claim Liberty County – John Spencer
Find the digitized original of this claim file at this Ancestry.com link.
Summary
Claimant’s Name (Last Name, First Name): John Spencer
Listed as “Colored”? (Y/N): Y
Amount of Claim: $326
Total Amount Allowed: N/A, disallowed
Nature of Claim: Army Supplies
Claimant living in: Midway, Liberty County
Living at time of incident: In the U.S. Marine on board the Gunboat Wamsutta. Property taken from the place of R. Cay, Esqr.
Claim #: 21440
Secondary Claim #: N/A, disallowed
Date Claim Submitted [YYYY-MM-DD]: 1872-11-26; 1877-08-25
Date Testimony taken [YYYY-MM-DD]: 1877-12-18
Claimant’s Attorney: Raymond Cay Jr, Savannah; R. McAllister; J.C. Todd, Savannah
Special Commissioner: Virgil Hillyer; Henry Way
Property Removed to: Midway, Georgia
Date property removed: 1864-12-15 to 1864-12-25
Army unit involved: Howard Corps commanded by Genl Kilpatrick & Howard
Date Submitted to Congress [YYYY-MM-DD]: N/A, disallowed
Post Office of Claimant:
Transcription
Items Claimed
Item # | Description | Amt Claimed |
1 | 2 head cattle | 40 |
2 | 7 head hogs | 35 |
3 | 1 horse | 160 |
4 | 22 bu[shels] rice | 44 |
5 | 14 bu[shels] corn | 21 |
6 | 32 chickens | 10 |
7 | 4 blankets | 16 |
TOTAL | 326 |
Remarks: Claimant was a slave. There is only one witness to the taking of the property and he don’t testify that the claimant was the owner. He seems to be a standing witness for these kinds of claims. We only allow compensation for property claimed by slaves under peculiar circumstances and upon reliable proof of independent ownership by claimant. We therefore reject this claim.
A.O. Aldis
J.B. Howell
O. Ferris } Commrs of Claims
[Transcriber’s Comments: Claimant named U.S. Colonels Murray and Jordan as being involved. The original claim filed in 1872 had slightly different numbers in the list. Also note that an identical claim with the claim #18115 was also filed, and it was rejected because identical.]
Testimony of Claimant
1. What is your name, your age, your residence, and how long has it been such, and your occupation?
John Spencer aged 50 years Liberty County all my life Farmer
2. If you are not the claimant, in what manner, if any, are you related to the claimant or interested in the success of the claim?
I am claimant
66. Who was the owner of the property charged in this claim when it was taken, and how did such person become owner?
I was owner by my labor
67. If any of the property was taken from a farm or plantation, where was such farm or plantation situated, what was its size, how much was cultivated, how much was woodland, and how much was waste land?
From plantation Liberty County Ga over 2000 acres about 400 acres cultivated balance wood and waste land
68. Has the person who owned the property when taken since filed a petition in bankruptcy, or been declared a bankrupt?
No
[Question 69 only asked of women]
The following questions will be put to colored claimants:
70. Were you a slave or free at the beginning of the war? If ever a slave, when did you become free? What business did you follow after obtaining your freedom? Did you own this property before or after you became free? When did you get it? How did you become owner, and from whom did you obtain it? Where did you get the means to pay for it? What was the name and residence of your master, and is he still living? Is he a witness for you, and if not, why not? Are you in his employ now, or do you live on his land or on land bought from him? Are you in his debt? What other person besides yourself has any interest in this claim?
Slave became free at end of war Farming owned property before I was free before war By my labor Bought Horse from Wm [William] Roberts the Cows were given to my wife by her Parents the balance I raised
Raymond Cay Still living He is not witness because my property was not on his place but on the place where my wife was
no no no no no one else
[Question 71 not applicable]
The following questions will be put to claimants and witnesses who testify to the taking of property, omitting in the case of each claimant or witness any questions that are clearly unnecessary:
72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.
I did not see any of the property taken because I was not on the place
his
John Spencer
mark
Sworn to and subscribed before me this 18th Decbr [December] 1877
Henry Way Special Comr [Commissioner]
Testimony of Witness (Joshua Cassels)
1. What is your name, your age, your residence, and how long has it been such, and your occupation?
Joshua Cassels aged 60 years Liberty County Georgia all my life Farmer
2. If you are not the claimant, in what manner, if any, are you related to the claimant or interested in the success of the claim?
Not related to claimant not interested in success of claim
52. In whose favor are you here to testify?
John Spencer
53. How long have you known that person altogether, and what part of that time have you intimately known him?
All his life
54. Did you live near him during the war, and how far away?
About 2 miles
55. Did you meet him often, and about how often, during the war?
Once or twice every week
56. Did you converse with the claimant about the war, its causes, its progress, and its results? If so, try to remember the more important occasions on which you so conversed, beginning with the first occasion, and state, with respect to each, when it was, where it was, who were present, what caused the conversation, and what the claimant said in substance, if you cannot remember his words.
No
57. Do you know of anything done by the claimant that showed him to be loyal to the Union cause during the war? If you do, state what he did, when, where, and what was the particular cause or occasion of his doing it? Give the same information about each thing he did that showed him to be loyal.
No
58. Do you know of anything said or done by the claimant that was against the Union cause? If so, please state with respect to each thing said or done, what it was, when it was, where it was, and what particular compulsion or influence caused him to say or do it.
No
59. If you have heard of anything said or done by the claimant, either for the Union cause or against it, state from whom you heard it, when you heard it and what you heard.
Heard nothing
60. What was the public reputation of the claimant for loyalty or disloyalty to the United States during the war? If you profess to know his public reputation, explain fully how you know it, whom you heard speak of it, and give the names of other persons who were neighbors during the war that could testify to this public reputation.
All knew he was Union man I knew by his life and actions
Jacob Quarterman Bob Quarterman
61. Who were the known and prominent Union people of the neighborhood during the war, and do you know that such persons could testify to the claimant’s loyalty?
Ned Quarterman Jim Miflin believe they would testify
62. Were you, yourself, an adherent of the Union cause during the war? If so, did the claimant know you to be such, and how did he know it?
I was Claimant knew it by my actions
63. Do you know of any threats, molestations, or injury inflicted upon the claimant, or his family, or his property, on account of his adherence to the Union cause? If so, give all the particulars.
No
64. Do you know of any act done or language used by the claimant that would have prevented him from establishing his loyalty to the Confederacy? If so, what act or what language?
No
65. Can you state any other facts within your own knowledge in proof of the claimant’s loyalty during the war? If so, state all the facts and give all the particulars.
No
The following questions concerning the ownership of property charged in claims will be put to all claimants, or the representatives of deceased claimants:
[Transcriber’s comment: Questions 66-71 were either not asked or not answered]
66. Who was the owner of the property charged in this claim when it was taken, and how did such person become owner?
67. If any of the property was taken from a farm or plantation, where was such farm or plantation situated, what was its size, how much was cultivated, how much was woodland, and how much was waste land?
68. Has the person who owned the property when taken since filed a petition in bankruptcy, or been declared a bankrupt?
[Question 69 only asked of women]
The following questions will be put to colored claimants:
70. Were you a slave or free at the beginning of the war? If ever a slave, when did you become free? What business did you follow after obtaining your freedom? Did you own this property before or after you became free? When did you get it? How did you become owner, and from whom did you obtain it? Where did you get the means to pay for it? What was the name and residence of your master, and is he still living? Is he a witness for you, and if not, why not? Are you in his employ now, or do you live on his land or on land bought from him? Are you in his debt? What other person besides yourself has any interest in this claim?
[Question 71 not applicable]
The following questions will be put to claimants and witnesses who testify to the taking of property, omitting in the case of each claimant or witness any questions that are clearly unnecessary:
72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.
I was Saw it taken 2 Cows 7 Hogs 1 Horse 22 Bushels Rice 14 bushels Corn 32 Chickens 4 Blankets
73. Was any of the property taken in the night time, or was any taken secretly, so that you did not know of it at the time?
In day time openly
74. Was any complaint made to any officer of the taking of any of the property? If so, give the name, rank and regiment of the officer, and state who made the complaint to him, what he said and did in consequence, and what was the result of the complaint.
No complaint
75. Were any vouchers or receipts asked for or given? If given, where are the vouchers or receipts? If lost, state fully how lost. If asked and not given, by whom were they asked, who was asked to give them, and why were they refused or not given? State very fully in regard to the failure to ask or obtain receipts.
None was afraid
76. Has any payment ever been made for any property charged in this claim? Has any payment been made for any property taken at the same times as the property charged in this claim? Has any payment been made for any property taken from the same claimant during the war, and if so, when, by whom, for what property and to what amount? Has this property, or any part of it, been included in any claim heretofore presented to Congress, or any court, department or officer of the United States, or to any board of survey, military commission, State commission or officer, or any other authority? If so, when and to what tribunal or officers was the claim presented; was it larger or smaller in amount than this claim, and how is the difference explained, and what was the decision, if any, of the tribunal to which it was presented?
No no no no
77. Was the property charged in this claim taken by troops encamped in the vicinity, or were they on the march, or were they on a raid or expedition, or had there been any recent battle or skirmish?
Troops were camped at Midway Church
78. You will please listen attentively while the list of items, but not the quantities, is read to you, and as each kind of property is called off, say whether you saw any such property taken.
79. Begin now with the first item of property you have just said you saw taken, and give the following information about it. 1st.. Describe its exact condition, as for instance, if corn, whether green or ripe, standing or harvested, in shuck, or husked, or shelled; if lumber, whether new or old, in buildings or piled; if grain, whether growing or cut. 2d. State where it was. 3d. What was the quantity; explain fully how you know the quantity, and if estimated, describe your method of making the estimate.4th. Describe the quality to your best judgment. 5th. State as nearly as you can the market value of such property at the time in United States money. 6th. Say when the property was taken. 7th. Give the name of the detachment, regiment, brigade, division, corps, or army, taking the property, and the names of any officers belonging to the command. 8th. Describe the precise manner in which the property was taken into possession by the troops, and the manner in which it was removed. 9th. State as closely as you can how many men, animals, wagons, or other means of transport, were engaged in the removal, how long they were occupied, and to what place they removed the property. 10th. State if any officers were present; how you knew them to be officers; what they said or did in relation to the property, and give the names of any, if you can. 11th. Give any reasons that you may have for believing that the taking of the property was authorized by the proper officers or that it was for the necessary use of the army.
Item 1st) The Cows were Milch Cows Mr W S Baker plantation Liberty County Ga 2 head counted them worth 20 dolls [dollars] a head taken about middle December 1864 Kilpatricks Army Drove cows off about 200 men and horses 3 wagons about 2 hours to camp one or two offices knew by dress Believe officer ordered it because they were present
Item 2 The Hogs were Bacon Hogs ready for killing Mr Bakers plantation Liberty County Ga 7 head counted them worth 5 or 6 dolls [dollars] a head taken same time and place as Item 1
Item 3 The Horse was black Mr Bakers plantation Liberty County Ga worth 150 dolls [dollars] taken same time and place as Item 1
Item 4 The Rice was threshed Mr Bakers plantation Liberty County Ga 22 bushels measured worth 2 dolls [dollars] a Bushel taken same time and place as Item 1
Item 5 The Corn was shucked and shelled Mr Bakers plantation Liberty County Ga 14 bushels measured worth 1 50 a bushel taken same time and place as Item 1
Item 6 The Chickens were grown Mr Bakers plantation Liberty County Ga 32 head counted them worth 25 cts [cents] a piece taken same time and place as Item 1
Item 7 The Blankets were nearly new Bakers plantation Liberty County Ga 4 counted them worth 4 dollars a piece taken same time and place as Item 1
his
Joshua Cassels
mark
Sworn to and subscribed before this 18 Decbr [December] 1877
Henry Way Special Comr [Commissioner]
Testimony of Witness (Lyman B. Mallard)
1. What is your name, your age, your residence, and how long has it been such, and your occupation?
Lyman B Mallard aged 22 years Liberty County Ga all my life
2. If you are not the claimant, in what manner, if any, are you related to the claimant or interested in the success of the claim?
Not related not interested in success of claim
52. In whose favor are you here to testify?
John Spencer
53. How long have you known that person altogether, and what part of that time have you intimately known him?
Since the war
54. Did you live near him during the war, and how far away?
His wife lived on Fathers plantation
55. Did you meet him often, and about how often, during the war?
Can’t say that I did
56. Did you converse with the claimant about the war, its causes, its progress, and its results? If so, try to remember the more important occasions on which you so conversed, beginning with the first occasion, and state, with respect to each, when it was, where it was, who were present, what caused the conversation, and what the claimant said in substance, if you cannot remember his words.
No
57. Do you know of anything done by the claimant that showed him to be loyal to the Union cause during the war? If you do, state what he did, when, where, and what was the particular cause or occasion of his doing it? Give the same information about each thing he did that showed him to be loyal.
No
58. Do you know of anything said or done by the claimant that was against the Union cause? If so, please state with respect to each thing said or done, what it was, when it was, where it was, and what particular compulsion or influence caused him to say or do it.
No
59. If you have heard of anything said or done by the claimant, either for the Union cause or against it, state from whom you heard it, when you heard it and what you heard.
No
60. What was the public reputation of the claimant for loyalty or disloyalty to the United States during the war? If you profess to know his public reputation, explain fully how you know it, whom you heard speak of it, and give the names of other persons who were neighbors during the war that could testify to this public reputation.
Don’t know
61. Who were the known and prominent Union people of the neighborhood during the war, and do you know that such persons could testify to the claimant’s loyalty?
Don’t know
62. Were you, yourself, an adherent of the Union cause during the war? If so, did the claimant know you to be such, and how did he know it?
Was too young to take either side
63. Do you know of any threats, molestations, or injury inflicted upon the claimant, or his family, or his property, on account of his adherence to the Union cause? If so, give all the particulars.
No
64. Do you know of any act done or language used by the claimant that would have prevented him from establishing his loyalty to the Confederacy? If so, what act or what language?
No
65. Can you state any other facts within your own knowledge in proof of the claimant’s loyalty during the war? If so, state all the facts and give all the particulars.
Nothing
72. Were you present when any of the property charged in this claim was taken? Did you actually see any taken? If so, specify what you saw taken.
Was not present but know his wife owned property which was taken during the raid by Federal Soldiers
Lyman B Mallard
Sworn and subscribed before me this Feby [February] 1878
Henry Way Special Comr [Commissioner]