Liberty Baptist Claim

TRUSTEES OF LIBERTY BAPTIST CHURCH NEW KENT COUNTY VA

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,
                                                                                                John Randolph
                                                                             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.
[seal.]

                                                                                                       John Randolph,
                                                                                           Assistant Clerk Court of Claims.



60th Congress
2d Session
December 7, 1908-March 4, 1909

House Documents
in 151 volumes
Vol. 149
Washington
Government Printing Office 1909

Raiding along the Pamunkey Pt. II

The Yankee advance — a change of Base.

. . .

Our scouts were busy during the day in the country below the city, but did not gather much information that we have had access to. At one time the report was that the enemy were at Diascund bridge and numbered 23,000. This report, it was said, might be relied upon. We conversed with an intelligent gentleman, who was a prisoner within the enemy's lines on Friday, but, after being paroled, made his escape and walked to Richmond. He was captured Friday morning while within a short distance of the Pamunkey river, near Cumberland. The Dutch Yankee who arrested him carried him to the headquarters of General Keyes, who was in command of the division which landed at the White House. The division was drawn up in line of battle. He reached the headquarters near New Kent C. H., and upon being carried before the commanding General was closely questioned. During the examination, Gen. Keyes spoke several times in a very boastful manner of the ease which he would enter Richmond.--He said that Wise was "a d — d old coward," that Wise had challenged him for a fight anywhere between Williamsburg and Richmond, and that now he had come Wise had run away. The officers at headquarters participated in the confidence of their braggart chief, with the addition of the lie that they had 50,000 men. Our informant, who is a soldier himself, says he thinks they had about 15,000 men — cavalry, artillery, and infantry. He counted sixteen pieces of artillery. They claimed to have a brigade of cavalry, but he only saw two regiments. The infantry was composed chiefly of foreigners, the Dutch predominating. After being paroled the prisoner was allowed to go at large, and escaped by way of Charles City county, arriving in this city yesterday morning.

By the evening train on the York River road we have the latest intelligence of the movements of the enemy. Saturday evening the force from Diascund bridge, in James City county, arrived at the White House, after a march of 15 miles. That evening a Lieut.-Colonel, who was with McClellan while he occupied that point, made a visit to the farm of a lady near by and stated in conversation that the Federal force on the Peninsula numbered about 11,000, and was under the command of Gens. Keyes and Gordon, the former being chief. Persons who saw them at the

The Yankees have committed very few depredations in New Kent, but on Friday a raid was made by them across the Pamunkey into King William, during which they destroyed a good deal of property and carried off a large number of negroes. The soldiers making this incursion into the country were carried over from the White House in gunboats, and returned with their plunder by the same conveyance.

A report was in circulation here on Saturday that a body of Federal had been seen or the Mechanicsville road, nine miles from Mechanicsville.

From all the facts, we conclude that Keyes, with about 5,000 men, came up the Pamunkey, landed at the White House, and proceeded to the vicinity of  New Kent C. H., from whence his cavalry raid on the Central Railroad at Hanover C. H. was made. Gordon marched from Yorktown and took up his position at Diascund Bridge with about the same number of men, and on Friday advanced and formed a junction with Keyes's division, after which on Saturday, both divisions marched to the White House. What will be their next move it is of course impossible to know, but the general opinion of those who came up on the York River train yesterday evening was that they intended to embark for Yorktown.

. . .

-from the Richmond Daily Dispatch, June 29 1863