LAVINIA DOWNES PETITION TO THE SOUTHERN CLAIMS COMMISSION By Billie Grunden submitted to Iberville Parish Archives by Billie Grunden ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Lavinia Downes, wife of Richard Charles Downes, filed a claim to recover losses she sustained during the Civil War when members of the U.S. Army took valuable items from her against her will. She submitted her claim in 1871 after the Southern Claims Commission had been created by Congress in 1870. The purpose of the Claims Commission was to restore the economic losses incurred by Southerners loyal to the Union during the war. Many Southerners applied, and it was common to “fudge” a little on the loyalty issue. Many Southerners endured economic ruin at the hands of the Union Army, with their plantations being burned to the ground, homes, crops, and everything. Others had livestock, grain , and anything useful to the war effort taken from them with no thought of paying the owners. The resentment of the unjust treatment lingered for years in a society suffering the sting of defeat and severe economic loss as their way of life and most importantly, means of farming were destroyed forever. Such was the environment in which Lavinia filed her claim. Her petition begins as follows: To the honorable Commissioner of Claims under the act of Congress of March 3, 1871, Washington, D.C. The Petition of Lavinia J. Downes respectfully represents that she is a citizen of the U.S., that she resides at present at Plaquemine, Iberville Parish, Louisiana, that she has a claim against the United States for property taken from her in Iberville Parish, Louisiana, on or about the 3rd day of November, 1863, as follows: 1. 14 Mules @ $200.00 each $2,800.00 2. 2 Horses, Saddles,Bridles 300.00 3. 4 Large Carts and Harness 400.00 4. 2 Hogsheads Sugar 160.00 5. 6 Bls. Molasses @ $21.50 129.00 6. 2 Bls. Syrup @ $12.50 25.00 7. 1 Kiln Bricks and Lumber 380.00 8. 40 Cords Wood 100.00 Total $4,294.00 That all of the items in the above schedule were of the full value therein set forth and were taken from your petitioner for the use of and were used by the U.S Army. They were taken by Lieut. Perkins and other officers (whose names are not known to your petitioner) without right, were taken to Donaldsonville, Parish of Ascension, LA, as I have been informed by Alexander Williams, Alfred Robertson, and Charles Anderson who acted as teams (?) to the brick and lumber and that your petitioner resided at the time her said claim occurred in the Parish of Iberville, LA, that your petitioner was the original owner of said claim, and that she is the present owner of the same. That said claim has not before been presented to any department of the government or to Congress, that Drew and Clark of Washington, D.C. are hereby authorized and empowered to act as her attorney’s for the prosecution of this claim. Wherefore your petitioner prays for such action of your honorable commission in the premises as may be deemed just and proper. (Signed) Lavinia J. Downes * Said wood was used at the fortifications at Plaquemine, Parish of Iberville, LA, as Mingo Rollins and J.H. Rills will testify. The next document is a statement sworn before the Clerk of Court of the 5th Judicial District on the 3rd of April, 1871, in which Lavinia swears that all her statements are true and that she has never served in the Confederate Army or Navy at any time during the rebellion and that she never voluntarily furnished any stores, supplies, or other material aid to said Confederate Army or Navy or to the Confederate Government or to any officer, or department, or never voluntarily acquired or accepted the function of any office whatsover under or yielded voluntary support to the Confederate Government. Also included with her petition was a copy of the Oath of Office sworn to by her husband, Richard Charles Downes before W.B.Hyman, Chief Justice of the Supreme Court of Louisiana, the 1st day of July, 1868, as he took office as the Parish Judge of Madison Parish, Louisiana. This would have been thirty years after he was first elected Parish Judge by special election on the 17th and 18th days of April, 1838, when Madison Parish first came into existence. A copy of his certification as the duly elected Judge in and for the Parish of Madison, issued by Governor Henry Clay Warmoth in July, 1838, was included with Lavinia’s petition. Lavinia had to be interviewed and answer certain questions in New Orleans in February of 1873. In her own words she answered as follows: Question No. 2: In 1861 I resided on my plantation in Iberville Parish about one mile from Plaquemine. From 1862 until 1865 about September of each year, I resided on my sister’s plantation on Red River. My Plantation in Iberville Parish is called “True Hope” and consists of some 600 or 700 acres of land nearly or quite 300 acres were in cultivation. We used to make over 300 hogsheads of sugar. The balance say about 300 acres were woodlands. My said Plantation is situated in Iberville Parish about one mile from Plaquemine on the Mississippi River. While on my own place I was planting on my own account. Afterwards when the Federal Army came upon my place, I being in bad health, was afraid to remain on my place so I went with my young children to my sister’s place on Red River where I also planted on my own account and afterwards returned to my own place about Sept. 1865. Question No. 3: The claimant answers no, and states when she went to her sister’s place in 1862, that she is not sure that there were any established lines. The Federals ordered every one in Plaquemine to leave as they were going to bombard the town and it was then that I left. Questions 4 through 24, inclusive, Lavinia answered “No”. Question 25: Some time during the year 1861, the Confederates took one of my horses for the use of the army. I never received any pay therefore. Questions 26 through 29, inclusive, the claimant answers “No”. Question 30: My husband was a clerk in, I think, the Quartermaster’s Department of the Confederate Service for a few months at the beginning of the war, sometime in 1862, but he soon arrived at the age of 50 years and he then left the service. This was my second husband, who had no interest or title to the property which I claim. After the war he was pardoned by the president of the United States and was afterwards elected Judge of the Parish of Iberville on the Republican Ticket. I never contributed in any way to aid or support him while in the Rebel service. I had three brothers in the Confederate Army, William I. Hamilton, Jos. F. Hamilton, and Wade Hamilton. Also, one nephew, Eugene Clemmons. Also one son, 16 years of age who was conscripted into the Confederate Army. His name was Jos. A. Hebert. When my son started off, I gave him what clothes I could, but in no other manner or way did I contribute to and or support any of them while in the Rebel service. Questions 31 through 39, inclusive were answered “No”. Question 40: At the beginning of the rebellion, I sympathized with the Union cause. I was bitterly opposed to the Rebellion then and always have been. I always looked upon the war as a piece of head long folly in consequence of which I have suffered much. My feelings and language were for the Union. I exerted all of my influence on the Union side. I talked and reasoned with my friends and did all that I could, and I did not change after the adoption of the Ordinance of Secession for I have always adhered to the Union cause. Question 41: I do solemnly declare that from the beginning of hostilities against the United States to the end thereof, my sympathies were constantly with the cause of the United States; that I never of my own free will and accord did anything, or offered, or sought or attempted to do anything by word or deed to inspire and cause or retard its success and that I was at all times ready and willing when called upon to, if called upon, to aid and assist the cause of the Union, or its supporters, so far as my means and power and the circumstances of the case permitted. Question 42: I am and have been since 27th Oct. ’71, a widow. (Other records state Oct., 1870) I married Mr. Richard Charles Downes, my second husband on the 14th March 1854. My husband was loyal to the cause and government of the United States throughout the war in sympathy, but force of circumstances prevented him from following his inclinations. He was always a great Union man and before the war wrote many articles in support of the Union. And as soon as he had an opportunity, he took the oath to the United States Gov. in 1865 in New Orleans. All of the property which I now claim I acquired from my first husband, I being also the tutrix of his minor children. Mr. Downes, my second husband had no title or share of said property therefore he was not joined with me in this petition. I have two sons by my first husband and three daughters by my last. Jos. A. Hebert, aged 25 years Olga P. Hebert aged 21 years Mary C. Downes, aged 18 years Lelia A. Downes, aged 15 years Lavinia J. Downes, aged 11 years My eldest son was conscripted into the Confederate Service at the age of 16 years. He served a few months and surrendered with some 4 or 5 others to the Federals at Natchitoches. My ownership of the said property began in 1852 at the death of my first husband. The title of my said plantation upon which the property was taken was in me. I purchased said plantation in January, 1854, with the proceeds of the sale of my first husband‘s share of a plantation owned by him and other members of his family. I can file copies of the deeds. They are recorded in Plaquemine. My two sons are interested in this claim, but they are not joined in this petition simply because I did not know it was necessary. Signed by Lavinia J. Downes A second set of interrogatories were answered as follows: Question 1: I was present when all of the items were taken except items 7 and 8. ( kiln brick, lumber, and 40 cords of wood) Question 3: ( No. 2 is not mentioned) A company or more of Federal soldiers, commanded by Col. Perkins, came on the plantation and just helped themselves to a great many things besides those claimed in the petition, sheep, hogs, bedding, quilts, blankets, and etc, all of the items except nos. 7 and 8 were taken at one and the same time. Question 4: From my plantation on or about ___ day of November, 1862, by U.S. soldiers commanded by, they told me, Col. Perkins. I saw more than one soldier engaged in the taking. I should say between 30 and 50. It was a cavalry company. They were engaged in the taking about one hour or so. Question 5: All of the witnesses stated in my petition except L.M. Dunnebois some 50 or 60 negroes on the place, my husband, and sons. Question 6: As stated before there was an officer present at the taking whom I was told was Col. Perkins and Gen. Butler was then Commanding General of this Department. I was not close enough to hear what he said but I think he ordered the property to be taken - he looked like it. Question 7: The property was all taken off in our own carts, drawn by our own mules, driven by our own negroes. I was not near enough to hear what was said, I was in our carriage with my husband and family on the road just starting for Plaquemine, as we drove out of the gate we saw the company coming and quite near us. We stopped a while and then continued on. Question 8: I have already answered this interrogatory as fully as I can. Question 9: The property was all taken to their camp on Bayou LA Fouche about 30 miles from my place. Mex. Williams and Alfred Robertson, two of the witnesses named in my petition followed said property to said camp, and when they returned they told me that they were with the carts and went to said camp with the said property. Question 10: I was told that the property was taken for the use of the United States Army, and I have every reason to believe that it was. Question 11: Claimant answers “No”. Question 12: No voucher or receipt was asked for, we did not think we could get one by asking for it. Question 13: It was taken in the afternoon, about 2 or 3 o’clock, that is the items I saw, don’t know what time items 7 and 8 were taken. None was taken secretly. Question 14: At the time of the taking the nearest camp was as I have before stated about 30 miles from my place, and situated just below Donalsonville, (Donaldsonville) but I don’t know what regiment or brigade it was that was there encamped. It had been there I should say about 2 or 3 months, but don’t know how long it remained there. There had been a skirmish down on Bayou La Fouche a few months before the taking. I know none of the officers of the Army. Question 15: The 14 mules were young, corn fed, well broke to work and in splendid condition and were selling at the time for from $200.00 to $250.00 per head. The horses were fine young animals which we had raised on the place. The day before they were taken we were offered $150.00 per head, which we refused. They were saddle housed. The carts themselves were comparatively new and complete and were worth I should say $125.00 each. Two hogsheads of sugar was of a light brown quality, made in open kettles and called 1st quality sugar. We sold some of the same making just after the taking the same season for $100.00 per hogshead. Six bbls. of molasses was of the 1st quality and just made and was worth much more than charged. The 2 bbls. of syrup of that quality which always sold for 75 cents per gallon. The other two items I did not see taken, but I know that they were taken, and were at least worth the prices charged. Question 16: The property stated was taken in my presence, I counted the items as they were being carried out by the soldiers, and I am sure I am correct in my statement of quantity. Signed by Lavinia J. Downes and signed by a government representative on July 18, 1873. Witnesses were called and depositions taken. The first witness for the claimant was her son, Joseph A. Hebert. He said that he saw items 1, 2, 3, 4, 5, and 6 taken. In his words he described the following scene: We were just preparing to send my mother and the younger children to her sister on Red River near Shreveport at the time of the taking. The mules were harnessed up in wagons and carts which were loaded with items No. 4, 5, and 6, together with quilts, blankets, and other personal affects. These wagons and carts had proceeded about 1/4 of a mile from our front gate when a squad of U.S. troops, Cavalry, in command of a Lieut. rode up and demanded their surrender. The driver of the front wagon whipped his mules and drove at a faster rate as the squad of troops advanced, but one of the sergeants, or under officers threatened to shoot him if he did not stop and thereupon he surrendered. And the same sergeant then galloped after the carriage in which my mother and sisters were and which was in advance of the wagons, but before he overtook the carriage, the Lieutenant called him back. One of the horses was taken from one of the house servants right near the front gate. The servant had been on a message and had just returned. And the other horse was delivered to the said troops by one of our negroes who had also just come from down the coast on a message. He afterwards told me that he wanted to go with the Federals and had therefore surrendered the horse to them. The sugar, molasses, and syrup, together with many other things which are not claimed were taken with the wagons and carts in which they were packed ready to be moved off with my mother and family. We were moving said goods to a steamboat on the Bayou. That is we were to bring the wagons and negroes back to the plantation. The object of moving was to get my mother and the children out of danger and beyond the reach of the shells which were frequently being thrown around and on our place, which was situated right on the Mississippi River. It had been reported that my step father, R. C. Downes, was a Conl. in the Confederate Army and had just returned for the purpose of taking off all his negroes and moveable property, and one of the soldiers told one of our negroes that it was in consequence of this said report that troops had been sent to make the seizure. But the truth is that up to the time of the taking, my said step father had had no connection whatsoever with the Confederate Service in any capacity, nor was it ever his intention to run off with the negroes and moveable property. On the contrary, we were planting at the time of the taking and it was our intention to send mother and the children out of danger and father (step) and myself were going to remain on the place and continue planting . He also stated that the articles were taken from their place which was in the Parish of Iberville on the Mississippi River about 109 miles above New Orleans about Nov., 1862. A cavalry squad stationed at Donalsonville (Donaldsonville) was responsible for the “taking” and he saw about 25 or 30 men engaged in the taking which only lasted a few moments because they were in great haste as if fearing an attack. The brick, lumber, and wood were taken a short time after the first taking, provable by witnesses. He said he could point out remnants of the brick still lying around Plaquemine where they were used for army purposes. The Lieutenant that ordered the property to be taken was heard to say , “Close out the damn Reb.”, and that he would take those articles to day and tomorrow he would return and take everything , but he lost very little time talking, for they were in a great hurry, as if fearing an attack. His fears were not without merit for had he traveled a half mile further down the road, he would have fallen into an ambush. Joseph Hebert testified that he ( the Lieutenant) was entirely misinformed and wrong in regard to the loyalty of his step father. To the 10th question asked him, Joseph replied, “ The property was taken and used by the United States Army. The quilts and other bedding were used in the Union hospital at Donalsonville. They were seen and identified by some of the witnesses. I derive my information from witnesses who went to Donalsonville with the property.” To the 15th question he responded just as his mother had as to the value of the items taken, and to the 16th, he replied, “I superintended the loading of the carts myself. I therefore know what they contained and the items which I stated were taken in my presence.” Signed by Joseph A. Hebert, 21st July, 1873. Testimony of Witness, Joseph Hamilton Rills, for the Claimant I saw the bricks, lumber, 40 cords of wood, and 14 mules taken. I saw Captain Perkins, a Cavalry Captain, I think of the command of Gen. Weitzel take the 14 mules down the river bank towards Donalsonville. I know there were 60,000 brick in the kiln and I saw them all taken by Maj. Shaw and carried to the fort at Plaquemine to build chimneys and Maj. Shaw was commander of the fort at the time. The lumber, about 11,000 feet, I saw taken by order of Maj. Shaw, and I also saw 40 cords of wood taken by the same order and carried to the fort for fuel. I asked several of the officers about the taking of the bricks, lumber, and wood, and they said they wanted them for the use of the government. The articles were taken from the True Hope Plantation, then owned by Mrs. Lavinia J. Downes, and situated on the Miss. River in Iberville Parish about one mile below Plaquemine. The mules were taken in Nov. 1862 and the brick, lumber, and wood were taken in Feb. or March of 1863. The mules were taken by Capt. Perkins of Gen. Weitzels command. I saw sometimes as many as 100 soldiers engaged in the taking, loading the wagons with the bricks, lumber, and wood. They were engaged in taking the property about 14 or 15 days. A captain and one other officer was present, but I do not know their names. Maj. Shaw was camped with 2 regiments, one commanded by Col. Sypher at Plaquemine. It had been there about a month and a half and remained over two years. There had been no fighting near there just before the taking. I had a speaking acquaintance with the quartermaster and officers of the army, but I don’t remember their names now, except those mentioned. The mules were young, fat, that is in good working condition, corn fed and worth $200.00 per head. The bricks were then selling for $12.00 per thousand. The lumber was worth $30.00 per thousand, it well seasoned cypress. The wood was dry cypress and ash and worth $5.00 per cord. I measured the wood and lumber and counted the mules and bricks myself and they were all taken in my presence. Cross examined by the Commissioner, the witness answers as follows: My name is J. Hamilton Rills. I am 54 years of age and reside in Iberville Parish and am by occupation , attorney at law. I have known the claimant from childhood. We were born and raised in the same parish. I was quite intimate with her through the war. I lived about 200 yards from her. I saw her daily until Nov., 1862, when she left her plantation and went up Red River. Then we corresponded about 3 times a month until she returned. I think in the fall of 1863. And from that time out, I saw her daily. I often conversed with the claimant about the war, its causes, etc., but we could not agree because I was not an adherent of the Union cause. The claimant was always bitterly opposed to Secession, and her language and acts were in conformity with her feelings and opinions, strongly in favor of the Union cause. The conversations were had sometimes alone, sometimes in the presence of others. The public reputation of claimant was that of a loyal woman and it was constantly thrown up to her. And she was especially well regarded by her loyal neighbors. I have been told that the claimant did give information to the U.S. Army in aid of their movements, but I don’t know of my own knowledge. Some few individuals threatened the claimant on account of her loyalty. I attached no importance to these threats although she did. I don’t think the claimant ever did or gave anything for the benefit of the Confederacy, or ever owned any Confederate Bonds or did anything to sustain the credit of the Confederacy. I think her acts and language would have prevented her establishing loyalty to the Confederacy if the same had been mentioned. ( followed by 2 unreadable lines) Signed, J. Hamilton Rills, 28th July, 1873. Testimony of Delphine Queen for the U.S. Government My name is Delphine Queen. My age is about 44 years. Was then a slave (1862) and belonged to Lavinia Downes and am now living on the same place which is today the property of Mr. E. J. Gay. (The following is a series of questions asked by the government agent and Delphine’s replies.) Was you living with Mrs. Downes during the entire war? I was. At what time during the war did Mrs. Downes leave this Parish and to what points did she go? In the first grinding season after the Yankees came. She went first up Red River and remained two years. Then before the Yankees appeared, she went to Texas and remained another year. Did she sell any of her slaves during this absence? She sold my cousin Susan on Red River. Was your old Mistress, Mrs. Downes sick when she left this Parish to go up Red River? No sir, but had a spell of sickness after she went to Texas. Did you ever hear Mrs. Downes at any time speak in favor of the Yankees? No Sir, I never did. Did you regard Mrs. Downes as in favor of the Yankees, or of the Rebels, judging from her acts and comments? I think she was in favor of the Rebels. What do you know about the property which Mrs. Downes claims was taken by the Yankees? State fully all you know. All I know is that when she was fixing to move from here, they took away 3 carts loaded with her things. I don’t know what the things were. There were 4 mules hitched to each cart. Do you know whether she got back any of the carts or mules? I do not. Did you belong to Mrs. Downes or to her husband, Mr. Downes? Mrs. Hebert, widow, bought me before she married Mr. Downes. When Mrs. Downes left this Parish for Red River, what property did she take with her? She took two ox teams and 2 carts loaded. She also took all her slaves except two men and one woman. When she went from Red River into Texas, did she take all her slaves with her? Yes Sir. She took all with her except Susan whom she sold. If you know anything more in favor of Mrs. Downes or against her, state it. I have stated all I know. At what time did Mrs. Downes return to this Parish? In the fall after peace was said to be declared. Signed by X for the mark of Delphine Queen on the 17th day of April, 1876. Testimony of Mingo Rollin for the U.S. Government My name is Mingo Rollin. My age is about 70 years. Was a slave and belonged to Lavinia J. Downes and still live on the same old place, The True Hope Plantation, now the property of Mr. E. J. Gay. Did you regard Mrs. Downes as in favor of the Yankees or of the Rebels during the war. State fully all you know about it. I never heard her say anything against the Yankees, nor anything in their favor. But I judge by her acts and by the way she run her slaves about, up Red River and into Texas, that she meant to keep us all out of reach of the Yankees. Were you taken with the rest of the servants up Red River? No Sir. I was crippled with the rheumatism and couldn’t travel. What did Mrs. Downes say to you or to her servants when she was preparing to start? She said she was going to save her property from the Yankees and if any of us stayed behind, they would starve to death or be destroyed by the Yankees. What did you hear her say, if anything, about the war? Never heard her say much, but one morning she got cross before the Yankees came and told the house servants the Yankees have made fools of all of you. You are beside yourselves and are crazy. Never mind it won’t be long before you are straightened out again. Did you see the Yankees take any property from Mrs. Downes? If so, state fully all you know. Twas sometime in October, 1862, I believe 3 carts with 4 mules hitched to each cart and loaded, had started from the house to go up Red River. Each cart had a driver. About an hour after, the Yankee Cavalry passed by the house and overtook the carts and captured them. They turned them right back and kept on down to Bayou Goula. With what were the carts loaded? I didn’t help load them myself, but Madam’s and the house servants said there were provisions and clothing for Mr. Downes, and the Madam and children and their house servants and furniture and crockery and ______(?) and bedding and whatever a family would take to travel. Do you know of any other property taken from Mrs. Downes plantation by the Yankees? Yes, two mules was taken from the plough some time after. Do you know of any sugar taken by the Yankees? No Sir. Do you know of any molasses taken by them? Yes Sir. After Master and Mistress ran away, the Yankees came one day and broke open the ____(?).They carried off some. Then the neighbors colored people and pickets came and helped themselves. There was no officer present. The soldiers came and anybody who chose, one or two at a time, and carried off the molasses in tin buckets, sometimes in pails. How about the brick? Was any taken by the Yankees? Yes sir, but I don’t know how many. There was a small kiln. Of 8 eyes, three had been used before they came. Then the Yankees asked the overseer and he gave permission. I don’t know, however, how many they took. How much wood was on the place when the Yankees came? I don’t know. There was 2 rows of wood about 10 feet high and 90 feet long, each. Did the Yankees take all the wood? They took pretty much all of the rows I spoke of. If you know anything more in this matter either in favor of Mrs. Downes or against her, state it. I have told all I know about it. Signed by X for the mark of Mingo Rollin on the 17th day of April, 1876. Testimony of L.K. Durbois for the U.S. Government He says that his name is Durbois, L.K., that he is 50 years, that he is and has always been a resident of this Parish since infancy. Are you acquainted with Lavinia J. Downes, and for how long? About 40 years. How near to her did you reside in 1861? About 1 miles. I lived in Plaquemine and she on the True Hope Plantation, below here on the river. Mrs. Downes was a sister of W. I. Hamilton, my brother-in-law. Did you see and converse with Mrs. Downes during the year 1861 or 1862? Yes Sir. Was she in favor at that time of the Yankees or of the Rebel’s? Our interview was of a business character. She did not then express her preference. In 1863 or 1864, I met her in New Iberia on the Teche. At that time she declared her opposition to the Yankees and her preference for the Rebels. Did you have any interviews with her subsequent to the one just mentioned at New Iberia? Yes Sir, I met her several times. Did she continue to cherish and express opposition to the Yankees and preference for the Confederates? She did. Did she do anything or contribute anything to the Confederacy? Not to my knowledge. Meetings of ladies were called and held in aid of the Confederacy and she was present. It was reported in town that she contributed some clothing. If you know anything further about the loyalty or disloyalty of the claimant, please state it. I know nothing further upon that subject. Signed on the 17th of April, 1876. Conclusion There were other witnesses, both for the claimant and the government, but their testimony did not say anything very different from the ones included in this report. Lavinia’s claim was disallowed. Although all the witnesses verified the items taken, both in quantity and quality, the claim was disallowed because the claimant’s loyalty to the United States Government during the war could not be proved, and the fact that Lavinia’s husband, son, and three brothers were in the Confederate Service, even though they may not have been voluntary soldiers, was enough to make the Commission reject her claim.