Title: Petition of James W. West and Eliza Martha West, 13 May 1862

Date: May 13, 1862

Source Text: A microfilm reproduction of the original document held at the National Archives and Records Administration, Microcopy 520, Reel 2. The original document is held in the Records of the Accounting Officers of the Department of the Treasury, 1775–1978, National Archives and Records Administration, Record Group 217.6.5. Within the National Archives' Archival Description Catalog, see ARC Identifier 4644616 / MLR Number A1 347 (http://arcweb.archives.gov).

Civil War Washington ID: cww.00169

TEI/XML: cww.00169.xml

 

PETITION.

To the Commissioners under the act of Congress approved the 16th of April, 1862, entitled "An act for the release of certain persons held to service or labor in the District of Columbia."

Your Petitioners, James W. & Eliza M. West of the City of Washington D.C. by this their petition in writing, represents and states, that they is a are persons loyal to the United States, who, at the time of the passage of the said act of Congress, held a claim to service or labor against Ten female and one male persons of African descent of the name of Julia Burgess, Jane Walker, alias Burgess (daughter of Julia) Susan Burgess (daughter of Julia) Sarah Burgess (daughter of Julia) Margaret Burgess (daughter of Julia) George Burgess (son of Julia) Josephina Walker (daughter of Jane Walker alias Burgess) Tempe Burgess (daughter of Susan Burgess.) Mille Burgess (daughter of Susan Burgess.) Alec Burgess (daughter of Sarah Burgess) and Cynthia Burgess (daughter of Sarah Burgess.) for and during the life of said persons and that by said act of Congress said persons were discharged and freed of and from all claim of your petitioners to such service or labor; that at the time of said discharge said Julia Burgess was of the age of 48 years or thereabouts and of the personal description following:(1) A Bright Mulatto Woman, well proportioned of medium size, erect in her carriage, tolerable stout and strong. She has a peculiar expression of countenance arising from the fact that one of her legs is thicker than the other and one of her eyes is apparently larger than the other: Said Jane Walker alias Burgess was of the age of twenty four (24.) years, or thereabout, has a dark brown Complexion—tall and stout—quite erect in her Carriage—likely and intelligent: Said Susan Burgess, was of the age of 22 years, or thereabouts, a dark mulatto woman—medium size—Stoops a little in walking tolerably tall but not very stout likely and intelligent [sd​?] Sarah Burgess, was of the age of 19 or thereabouts, a Mulatto woman–Small in Stature, erect in her Carriage, she has a peculiar expression of Countenance from the fact that one of her eyes is apparently larger than the other, likely, and intelligent: Said Margaret Burgess was of the age of 17 years or thereabouts—has a black complexion tall and Stout, erect in her Carriage; likely and intelligent: Said George Burgess was of the age of 15 years, or thereabouts.—a Mulatto boy–of medium height—note very stout—erect in his carriage—likely and intelligent: [sd​?] Josephine Walker was of the age of Two (2) years or thereabouts—of a light brown Complexion—note very stout—likely Said Tempe Burgess, was of the age of Four (4) years, or thereabouts: of a Black Complexion—rather small in stature: eyes weak—likely and intelligent. Said Mille Burgess was of the age of 2 years—or thereabouts, a bright Mulatto child—well proportioned, rather stout for her age, likely and intelligent for her age. Said Alice Burgess, was of the age of 4 years, or thereabouts, a bright mulatto—likely and intelligent for her age. —well proportioned. Said Cynthia Burgess, was of the age of 2 years or thereabouts, a bright Mulatto child—likely and smart for her age, well proportioned.

Your Petitioners further represent that they have filed their statement or schedule, of Said persons in the Clerks Office of the Circuit Court of the District of Columbia as required by said Act of Congress

 

That your petitioners acquired their claim to the aforesaid service or labor of said persons (described) in manner following:(2) that is to say, under and by virtue of the Last will and Testament of Wm Mills who died in Fairfax County, Virginia, in the year 1827, or about, leaving Mills (his widow) and Eliza M. West (your Petitioner, who has since intermarried with James W West, your Petitioner.) and John Mills and Nancy Mills—his children and Devisees and Legatees: that the interest of the said [no handwritten text supplied here] Mills, (the Mother of your Petitioner (Eliza M West) now advanced in years & being a life interest) was regularly and properly transferred and conveyed to your Petitioner. Eliza, in consideration of love and affection—and that the interest of the said John and Nancy Mills was given to your Petitioner Eliza—that your Petitioners have endeavoured to procure a Copy of Said Will—as an Exhibit to this their Petition from the Fairfax County Court—but have failed in their effort to this end.—and they are apprehensive that the original Will (owing to the Rebellion) has been destroyed, the transfer from:— Mills in favor of said Eliza M. West, your Petitioner, is hereto appended.

That your petitioner's claim to the service or labor of said persons above described was, at the time of said discharge therefrom, of the value of $5900 dollars in money.(3) To wit Julia Burgess $300. Jane Walker alias Burgess. $1000 Susan Burgess $1000. Sarah Burgess $1100 Margaret Burgess. $1000 George Burgess $1000. Josephine Walker $100.& Tempe Burgess $150. Mille Burgess $100. Alice Burgess $150. Cynthia Burgess $100: that they are all sound and healthy according to the best of your Petitioners knowledge and belief; that the said Julia, Jane, Susan, Sarah & Margaret are very useful and capable of doing any thing in the way of house work; that the said George is very active and smart and useful as a farm hand and in other branches of business,—that they are all honest and well disposed, and your Petitioners aver that they have no knowledge of any moral, mental, or bodily infirmity in any of said persons, in the least calculated to affect or impair your Petitioner's Claim.

Your petitioners hereby declares that they bears true and faithful allegiance to the Government of the United States, and that they have not borne arms against the United States in the present rebellion, nor in any way given aid or comfort thereto.

And your petitioners further states and alleges, that they have not brought said persons into the District of Columbia since the passage of said act of Congress; and that, at the time of the passage thereof, said persons was ere held to service or labor therein under and by virtue of your petitioner's claim to such service or labor.

Your petitioners further states and alleges, that their said claim to the service or labor of said persons does not originate in or by virtue of any transfer heretofore made by any person who has in any manner aided or sustained the present rebellion against the Government of the United States.

And your petitioners prays the said Commissioners to investigate and determine the validity of their said claim to the service or labor of said persons, herein above set forth; and if the same be found to be valid, that they appraise and apportion the value of said claim in money, and report the same to the Secretary of the Treasury of the United States, in conformity to the provisions of said act of Congress.

(Signed by)
James W West
Eliza Martha West
A Lloyd Counsel for Petitioner.
 

In the name of God amen. I William Mills of the County of Fairfax and State of Virginia do make and ordain this my last will and testament in the form following. To wit, I give and bequeath unto my beloved wife Martha Ann, my negro woman Julia together with all the residue of my estate: The debt due me from John Mills my brother and all other debts now due me, or which may be due me at the time of my death, to have and to enjoy the use thereof during her life, and after her death I will that the whole thereof be equally divided amongst the two children my wife now has John and Mary and the one she may have as she probably is now pregnant, but should the child which she may have die before it arrives at age then I devise the part hereby devised to it, be equally divided between the two before named children. And I do constitute and appoint my wife Martha Ann the sole executrix of this my last will and testament. In witness whereof I have hereunto set my hand this 23d day of August in the year of our Lord one thousand eight hundred and twenty seven


his X mark William Mills
Signed and acknowledged in the presence of

Jno Dulin
H. O. Lindsay
his X mark Thos. Simons
John Vallandingham
 

At a Court held for Fairfax County the 21st day of July 1828

This last will and Testament of William Mills deceased was presented in Court by Martha Ann Mills the Executrix therein named and the same being proved by the oaths of Jno Dulin and John Vallandingham two of the subscribing witnesses thereto is admitted to record

Test
Wm MossC C

I certify this to be a true copy of the will of Wm Mills as appears upon the records of Fairfax County Court, Liber P Folio 149 of wills


H Hawxhurst D. C.
Wm Mills 169
Will
a
copy
County Seal is not found
J.H.
 

[Form of the Oath for the Verification of the Petition.]

We, James W West and Eliza M. West being duly sworn, do depose and say, that all the several matters and things which are set forth and stated in the foregoing petition, as of our own knowledge, are true in substance and in fact; and that all the several other matters and things therein set forth and stated, as from the information of others, We believe to be true in substance and in fact.

(Signed by)
James W West
Eliza Martha West

Sworn to and subscribed before me this 12th day of May A. D. 1862.

(Signed by)
Chas. Walter JP
169
Petition of
James W West
& Eliza M West
Filed May 13, 1862
by
Asbury Lloyd Esq


 Note (1.)-- Here describe the person, so as to identify him or her; and if there be more than one slave, describe each one separately.

 Note (2.)-- Here state how the claim was acquired, when, from whom, and for what price or consideration; and, if held under any written evidence of title, make exhibit thereof, or refer to the public record where the same may be found.

 Note (3.)-- Here state such facts, if any there be, touching the value of the petitioner's claim to the service or labor of the person, as may enhance the same, and also such facts, if any, touching the moral, mental, and bodily infirmities or defects of said person, as impair the value of the petitioner's claim to such service or labor, and conclude such statement with an averment that the petitioner knows of no other infirmities or defects of said person which impair the value of petitioner's claim to such service or labor, and that he believes none other to exist. If the petitioner specify no such infirmity or defect, then his statement touching the value of his claim should conclude with an averment that he has no knowledge of any such infirmity or defect.

Transcription and encoding: Kathryn Kruger, Nima Najafi Kianfar, Janel Cayer, and Kenneth J. Winkle.