Indemnity in Black and White
by Michael Aubrecht, Copyright 2008

One of the many blessings of living here in Fredericksburg is the access that local historians have to the National Military Park's archives. I have been especially fortunate in this regard and cannot thank John Hennessy, Eric Mink, or Russ Smith enough for their generosity over the years. Last year, I spent several 8-hour days at Chatham Manor digging through their bound volumes while researching material for "The Historical Churches of Fredericksburg: Houses of the Holy" and the upcoming companion volume "The Historical Churches of Spotsylvania: Faith Under Fire." Among their collection are a series of gems including all of the claims that were filed by the churches for damages incurred during the war.

SOURCES:

• Court of Claims Congressional Case No. 11,781. Trustees, Shiloh (old site) Baptist Church, Fredericksburg, Va., vs. The United States. Entire report including petitions, letters, and examination transcripts. U.S. Treasury Department, (Fredericksburg/Spotsylvania NMPS, Bound Volumes).
• Court of Claims Congressional Case No. 11,786. Baptist Church of Fredericksburg, Virginia vs. The United States. Entire report including petitions, letters, and examination transcripts. U.S. Treasury Department, (Fredericksburg/Spotsylvania NMPS, Bound Volumes).

Many of the churches that were involved in the Battle of Fredericksburg, or any battle for that matter, submitted itemized claims to the court of the United States government, as a petition to recover the cost of damages. All of these cases took years to come to fruition and involved a tedious and detailed investigation whereby members of the congregation, as well as unbiased witnesses, testified in order to prevent the commission of insurance fraud. The required criteria for granting a claim involved several factors that had to be determined by the panel conducting each investigation.

This included a formal declaration that absolved the churches from charges of insurrection and treason for supporting the Confederate States of America. Although each church was eventually granted this absolution, it was most likely as given as an amicable political gesture on behalf of the U.S. Government. The documentation for each of these federal investigations is on file at the Fredericksburg / Spotsylvania National Park Service archives. The evidence and findings for one witness in each congregation's testimony will be cited throughout this study. It is important to note that all of the churches of Fredericksburg (and Spotsylvania) were not awarded any money for more than fifty years after the war concluded.

The testimony of a gentleman from Fredericksburg Baptist Church named S.J. Quinn outlined an eye witness account of the experiences of the church during the battle and its aftermath. The Court Of Claims, regarding the case of the Baptist Church of Fredericksburg Virginia versus the United States (Case No. 11768 Cong.), presented a deposition taken on the 13th day of April 1905, before E.F. Chesley, a notary public. The STATEMENT OF CASE read:

This is a claim for occupation of and damage to the church building of the Baptist Church of Fredericksburg, Virginia, alleged to have been used and damaged by the military forces of the United States during the late civil war, stated at $4000.00. The claim was referred to the court February 28, 1905, by resolution of the United States Senate under act of Congress approved March 3, 1887, known as the Tucker Act.

G.W. Hott, an attorney representing the claimant, conducted the direct examination of Mr. Quinn who was, at the time, a 68 year-old Baptist and the superintendent of the City Water Works, as well as the church's most recent clerk.

Q.[uestion] Where did you reside during the late civil war?

A.[nswer] I was a Mississippi soldier and came to this city in November 1862.

Q. How long did you remain here?

A. I did picket duty in town from that time until the first of January following and was then quartered in the town until June 2nd 1863.

Q. Were you acquainted with the size and character of the church building of the Baptist Church at that time?

A. I was in the building several times during that period.

Q. State what you know about the condition of the building its furniture and fixtures at that time.

A. The building is constructed of brick and is 46x60 feet inside measurement. The building is the same size now that it was at that time. The same walls still remain. I did not see the building before it was damaged. When I saw it everything had been taken out of it-the pews were gone; my mind is not clear about the pulpit. The main part of the walls on the outside were in fair condition; the inside had been injured very much and the steeple was very much injured; I do not remember about the doors and windows.

Q. Do you know by whom this damage was done to the building?

A. While I did not see the damage done, it was done by the Federal Army while in the occupation of the town; the destruction was very great all over the town.

Q. When were you again in the town after 1863?

A. I visited here in 1865 but did not visit the church and came here to live in May 1866. The building was under repairs when I came here on '66.

Q. Do you know anything about how much it cost to repair the church as a result of the damage done by the federal forces?

A. Of my own personal knowledge I do not, but I am clerk of the church and have been since 1873 and as such clerk I am custodian of the records of said church. I find in the minutes of the church a statement bearing directly upon the repairs. I have a copy of the said minutes in which I have compared with the original entry in the minute books and he same is a true copy. I will give this in and ask that it be made a part of my deposition in this case. (The papers is here offered in evidence and marked "Exhibit A".) I might add that the dimensions given above were the inside measurements of the auditorium room, but the outside measurement, including the vestibule is 75x52 feet. The building is two stories high. [E.F. Chesley and S.J. Quinn then signed the document.]

Included in the documentation regarding the damage claims by the Baptist church were excerpts from the minutes ("Exhibit A" referenced above) from a church meeting held on October 29th, 1869. It stated:

On motion of Col. C.M. Braxton following preamble and resolutions were unanimously adopted.

Whereas this Church after the late war found it's House of worship very much damaged and the pews, seats and furniture nearly all destroyed, requiring an expenditure of some $4,000.00 and upwards to repair the House and replace the pews, seats and furniture, and did by resolution on the 26 day of December 1866 assess the sum of $25 upon each pew as the cost in part of replacing the same, requiring all parties owning pews, who were not members of the congregation at the time, and who had not contributed or aided in restoring the pews and repairing the House, to pay the sum as assessed, before their rights severally to such pews would be recognized by the church, and,

Whereas the Church at a subsequent meeting on the 27th of November 1868 did by resolution instruct the Treasurer to notify the several pew owners interested, that unless the said assessment was paid by the time therein interested, that unless the said assessment was paid by the time therein setforth, that their respective pews would be sold to the highest bidder and the assessment deducted from the proceeds of such sale, and,

Whereas in pursuance of this resolution the said several parties were notified and it appearing that none of the pew owners had responded to this action by the Church the Pew Committee met on the day appointed for the purpose of selling the pews and the probability of their being sacrificed.

The direct examination of Mr. Quinn continued:

Q. Have you the records or minutes of the church during the war period?

A. I think that the records of that period must have been destroyed as they never came into my hands. But I find the following memorandum: "The committee find that the church records up to June 27, 1862 are preserved. From and after which time nothing appears in the shape of a record until August 20, 1865 when the minutes are entered in the present church book. The period of time included between the above named dates being the period of which the church has no records." This record was made as it appears on the 24th of April, 1868, and is the report of a committee giving a history of the church covering the years for which there is no record.

Q. Do you know whether or not the congregation continued to hold services in the church after the occupation by the federal forces?

A. The record shows that no services were held after the bombardment in December, 1862.

A cross-examination followed as conducted by W.W. Scott, counsel for the defendant:

XQ. Have you you[r] possession or have you had in your possession the church book containing the minutes of the church meetings up to June 27, 1862?

A. I have not.

XQ. Do you know whether or not the confederate forces ever occupied or in any way used the church building before the federals entered Fredericksburg?

A. I think not. I do not know positive I was not here the first part of the war. I was here before the battle and there was no occupancy of the town until after the battle commenced.

XQ. When you were here in November, 1862 did you see the church building?

A. Not the interior.

XQ. You never saw the interior of the church until after the 11 and 12th of December, 1862?

A. No sir.

XQ. How soon after that did you see it?

A. I think I was in there several times during the months of March, April, and May 1863.

XQ. You do not know then of your own knowledge who injured or damaged the church building before you saw it on the inside about March, 1863?

A. Not of my own knowledge.

In answer to the final interrogatory the witness says he knows nothing further. [E.F. Chesley and S.J. Quinn then signed the document.]

Fifty years from the end of the War Between the States, the members of the Fredericksburg Baptist Church finally received financial restitution from the Federal Government in the amount of $3000.00. Damages to the building and its contents included countless bullet and projectile holes, shattered windows, damaged or stolen pews and missing furniture. Books and other items were also destroyed or missing. In lieu of aid from Washington D.C., most of the area's churches were able to petition funds from northern churches on their behalf, as well as local pledges from wealthier citizens whose accounts had not been as devastated as their less fortunate brethren. Eventually in May of 1865, they were able to resume worship, regain membership, and reestablish their influence in the community.

Returning to the months immediately following the war, one of the first goals of the newly established Shiloh congregation was to join their white peers in submitting a claim, using the Omnibus Claim Bill. It enabled Southerners to petition for financial reimbursement for damage inflicted on their properties due to the actions of the Federal Army. As outlined in the previous chapter this involved a long and meticulous process, which involved detailed witness testimonies and cross-examinations.

The testimony of four gentlemen, George Triplett, Charles Mander, Thomas Dennis and Reverend George L. Dixon, from Shiloh Baptist Church, outlined eyewitness accounts of the experiences of the church during the battle and its aftermath. "THE COURT OF CLAIMS of Trustees of Shiloh (old site) Baptist Church of Fredericksburg Va., vs. The United States (Case No. 11781 Cong." presented the deposition taken on July 29, 1904. The claim was for a sum of $3000, including reimbursement for $900 worth of repair costs that had already been incurred by the church. The STATEMENT OF CASE read:

This is a claim for use of and damage to the church building of Shiloh (old site) Baptist Church, of Fredericksburg, Virginia, by the military forces of the United States during the late civil war, stated at $3000.00. The claim was referred to the court February 28, 1905, by resolution of the United States Senate under act of Congress approved March 3, 1887, known as the Tucker Act.

The Abstract of Evidence that follows in the report outlines the testimonies of Shiloh's representatives. The first witness to take the stand was a longtime church member named George Triplett who presented his first-hand knowledge of the Union soldiers' conduct and resultant damage. Unlike many of his comrades, Triplett "stuck it out" and remained in the area as the fighting raged on around him.

The following evidence was taken under the rules of the court July 29, 1904:

George Triplett testifies:

My age 71 years; my residence, Fredericksburg; my occupation that of a drayman; I have no interest in this claim. (P.1, Record.) I resided in Fredericksburg during the late civil war. I came here in January 1862 and have not been away from the place a month since. (P.2, Record.)

Loyalty. The Shiloh Baptist (old site) did not give any aid at all to the rebellion. This church is the Shiloh Baptist (old site) Church. (P.2, Record.)

Merits. The Union Army occupied the church December, 1862. At that time they used the basement to put their horses in and the upper part was used for the soldiers to stay in. They then occupied it for sometime while Grant was operating in the Wilderness, using it for a hospital.

During this occupation they took out all the windows and all the pews, and knocked out the pillars, and by taking out the pillars the corner of the building afterward fell out. They also took the seats out of the gallery and the steps leading up to the same. They also knocked the side off the gallery; the ceiling was all knocked down and we had to have it plastered. (P.2, Record.)

Burnside's troops occupied the building in 1862, and the second time it was Grant's troops. (P.3, Record.)

I don't think the building could have been fixed up as good as it was before the troops occupied it for $3000.00[.] It would have cost more than that because the floors were out, and the taking out of the pillars compelled us eventually to tear down the church. The present church is on the same foundation. I suppose it is about 40 x 50 feet. It was constructed of brick. (P.3, Record.)

Cross-examination.

I was a member of Shiloh Church during the war. It is a Baptist.

We repaired the church some three or four years after the war, and then in 1890 rebuilt on the same foundation-had to rebuild because the corner of the side fell out. (P.4, Record.) The first repairs made after the war cost about $900.00. The value of the building in 1861 was about $4000. and it is now worth more than $6000.00-cost from six to seven thousand dollars.

The building was used from the time it was repaired after the war up to 1890 when it was rebuilt. The repairs were temporary and did not put the building in as good condition as when war xxx xxxx [appears to have been crossed out] came on. (P. 5, Record.)

Triplett's associate, Thomas Dennis, gave a much more detailed summary of the Federal Army's presence at the church. Although he wasn't a member of the congregation, his witness of the events surrounding the damaging of the building that stood a few blocks from his home proved to be valuable testimony. Due to his location in town, one may assume that Mr. Dennis was a white citizen who may have been able to observe the events both prior to and shortly after the occupation ended. Upon inspection of Shiloh Baptist Old Site's handwritten membership rolls, as well as the U.S. Census of free inhabitants of 1860, no "Dennis" appeared in any form, reinforcing the notion that no family member attended the church either. Therefore the witness must have been called as a non-biased outsider.

Thomas Dennis testifies:

I am about 65 years old; I live in Fredericksburg, Va.; occupation, butcher; no interest in this claim and not a member of the Shiloh Baptist Church. I lived in Fredericksburg during the civil war, about six blocks from the Shiloh Baptist Church. (P.8, Record.)

Merits. The Union troops used the building for a hospital and put their horses in the basement. They used the building when Hooker was here and then they used it for some four or five months when Grant was here. They tore up the floors, knocked out the windows, took the pews and almost destroyed the inside of the church. They also took out some of the pillars under the basement part, which later caused one end to fall out of the building and the church had to be rebuilt. (P.9, Record.)

It was in fine condition when the troops took possession. The church used to belong to the white Baptists but several years before the war the colored Baptists bought it and the whites built another one. The building was constructed of brick and was the same size as the one that has been rebuilt and in fact is built on the same foundation. I saw the church measured in the morning and it is 46 x 60 feet, and of course the old one was the same size as the new one as it was built on that foundation. (P.10, Record.)

Loyalty: The Shiloh Baptist Church didn't have any money to contribute to the aid of the rebellion and wouldn't have done anything if they had been able. (P.10, Record.)

Cross-examination.

The name of the church denomination is the Shiloh Baptist Church (old site). The congregation rebuilt this church about 1890. It had been repaired before that time. (P.10, Record.)

Redirect-examination.

I should say that it would have cost no less than $3000.00 to restore the church to the same or as good a condition as it was in before the troops occupied it. (P.11, Record.)

The church's longtime minister, Reverend George L. Dixon testified later to an error with regard to the church's original claim. He recalled that:

There never was any Shiloh Methodist Church here. I had lived in the town about 65 years. That was a mistake in the way the bill was drawn. It was the Shiloh Baptist Church instead of Methodist. This church, and the one that was used and damaged by the troops is known as the Shiloh Baptist Church (old site). There is now another Shiloh Baptist Church here, known as the "new site" and is a branch of this church and was founded in about 1890. (P.13, Record.)

A scrivener's affidavit is attached to the official report transcripts testifying to the error. It states:

Shiloh Baptist (Old Site) Church, Fredericksburg
11781

Note: The index has this church listed under 11027 but in that file there is a card cross-referencing the claim to 11781. Within the file for 11781 are several items referring to Shiloh Methodist Church, 11027. The mixup is sorted out in the following claim; what appears to have happened is that a claim for Shiloh Methodist was filed in error and it was later realized that there was no wartime Shiloh Methodist. (Shiloh Methodist has its own listing in the index, as 11761, but as before a card in that file cross-references the claim to 13325, which belongs to the Heirs of Gen. John Sevier.) In fewer words: there is one claim, for one church - Shiloh Baptist - and all the mentions of Shiloh Methodist are accidental.

Each church in this book was found to exhibit loyalty to the Union in the Summary Statement of each case, but Shiloh Baptist Church (Old Site) may be the only one who truly deserved that distinction. Clearly, the white congregation would have inevitably supported the Confederacy when at all possible, as so many of its clergy and loved ones were serving in the field. An African church however, no matter how peacefully co-existing it was, would not have been as enthusiastic in supporting a cause that intended to preserve the institution of bondage over its membership. Additionally, as a colored congregation, many of the members fled north following the initial occupation of the town. Any support of the wartime effort would have most likely been as Federal wagon teamsters, stretcher-bearers and even soldiers in the Negro regiments.

Ironically, it was the African Baptist church that received only 50% of the monies petitioned ($1500) from the government, while many of the neighboring white churches received close to the full amount claimed. This proved to be just one more example of the many civil rights hardships that confronted black Southerners for another 100 years. Despite winning their freedom, African-Americans were called upon to meet additional challenges, as Jim Crow laws and segregation stifled their independence and equality in the post-Civil War South. Unfortunately, the United States government, who had also tolerated the institution of slavery for many years, but shed the blood of thousands to abolish it, came up short far too often when it came to the promise of true equality for black Americans.