LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS FILED BY THE COURT IN THE CASE OF TRUSTEES OF THE LIBERTY BAPTIST CHURCH NEW KENT COUNTY VA AGAINST THE UNITED STATES
January 4 1909 Referred to the Committee on War Claims and ordered to be printed
Court of Claims, Clerk's Office,
Washington, December 31,1908.
Sir: Pursuant to the order of the court, I transmit herewith a certified copy of the findings filed by the court in the aforesaid cause, which case was referred to this court by resolution of the House of Representatives under the act of March 3, 1887, known as the Tucker Act.
I am very respectfully, yours,
Assistant Clerk, Court of Claims.
Hon. Joseph G. Cannon,
Speaker of the House of Representatives
[Court of Claims. Congressional, No. 12208. Trustees of Liberty Baptist Church, New Kent County, Va., v. The United States.]
STATEMENT OF CASE
This is a claim for damage alleged to have been done the church building by the military forces of the United States during the late civil war On March 31, 1906, the House of Representatives by resolution, referred the following bill to the court.
"[H.R. 3476. Fifty-ninth Congress, first session.]
"A BILL For the relief of the trustees of Liberty Baptist Church New Kent County, Virginia.
" Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to pay to the trustees of Liberty Baptist Church, New Kent County, Virginia, the sum of two hundred dollars for damages sustained by the depredations of the United States Army during the war between the States."
The claimants appeared and filed their petition in this court November 14 1906 in which they make the following allegations:
That they are the duly appointed trustees of the Liberty Baptist Church, of New Kent County, Va., that in the year 1862 the Union Army defaced and injured the building of the said church located in said New Kent County, Va., by tearing up the floor and sleepers destroying the doors blinds windows and pews mutilating and defacing the walls and otherwise injuring the said building that they also destroyed the Sunday school library belonging to the said church that the most of the timber from said building was used by said army in building a bridge over Diascund Creek, which was destroyed after they had passed over said bridge; that it would require at least $700 to repair the injury done to the said church; that as such trustees they never gave aid counsel or encouragement to the southern cause during said war.
The case was brought to a hearing on loyalty and merits on the 7th day of December, 1908.
John Goode, esq., appeared for the claimant church, and the Attorney-General, by P.M. Cox, esq., his assistant and under his direction appeared for the defense and the protection of the interest of the United States.
The court upon the evidence adduced and after considering the argument and briefs of counsel on both sides makes the following
FINDINGS OF FACT
I. The Liberty Baptist Church of New Kent County, Va., as a church, was loyal to the Government of the United States throughout the late civil war.
II. During said war the military forces of the United Stares by proper authority took possession of the church building described in the petition and damaged the same by tearing up the floor and sleepers with which to build a bridge across Diascund Creek and by destroying the doors, blinds, windows, and pews. Such damage was at the time and place reasonably worth the sum of two hundred dollars ($200) no part of which appears to have been paid.
III. The claim herein was never presented to any department of the Government prior to its presentation to Congress and reference to this court by resolution of the House of Representatives as hereinbefore set forth in the statement of the case and no reason is adduced showing why the same was not earlier presented.By the Court.
Filed December 14, 1908.
A true copy. Test this 29th day of December, A. D. 1908.
Assistant Clerk Court of Claims.
December 7, 1908-March 4, 1909
in 151 volumes
Government Printing Office 1909