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THBPostwar Virginia Citizens' War Claims Filed by Attorney Sydney Smith on Behalf of Williamsburg, Virginia, Families
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About Auction
LiveJun 22, 2018
Cowan’s American History: Premier Auction, scheduled for June 22, 2018 is comprised of early photographs, documents, manuscripts, broadsides, flags, and more dating from the Revolutionary War, the Civil War, Late Indian Wars, World War I and II and beyond. Cowan's Auctions dawnie@cowans.com
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- Lot Description
Lot of 4 legal documents related to post-war Virginia and the return of white landowners to confiscated properties. Documents are from the practice of Williamsburg attorney Sydney Smith (1821-1884). One document was submitted on behalf of Dr. H.H. Curtis, Jr. (1832-1881), another on behalf of Mrs. Elizabeth Curtis (1803-1892), and a third on behalf of William H. Curtis (1826-1900), all of the prominent Curtis family of Warwick County, Virginia. A fourth document was submitted on behalf of Samuel C. White (ca 1800-unknown) of York County. Refer to Lot 129 for biographical information regarding Sydney Smith. Based upon the documents in this grouping, Smith's post-war practice may have necessarily dealt in large part with the legal issues which arose during the chaos of the Civil War and its aftermath, specifically the attempts by Southern white landowners to reclaim lands that had been occupied by freedmen.
Initiated by Abraham Lincoln, the Freedman's Bureau was established in March 1865 to administer to the social and economic needs of freed slaves, and to manage their transition away from slavery. One initiative administered by the Freedman's Bureau, often referred to as "Forty Acres and Mule," was to provide freed slaves a portion of land to work and ultimately own independently. In many cases, the land these former slaves were given was previously owned by whites. This is the case with the Curtis family, whose petitions outline family efforts to reclaim multiple tracts of land, many of which were occupied by former slaves. Writing to Brigadier General B. C. Ludlow, Commanding Peninsula District, petitioner William H. Curtis states in part, "The undersigned petitioner respectfully represents that he owns a tract of land called 'Water View' situate in Mulberry island, on Warwick River three miles from its mouth containing 500 acres. It is now occupied by negroes. The houses are greatly injured and need repairing. If it will not interfere with the rights of the present occupants the undersigned asks permission to be allowed in the autumn to repair the necessary buildings for his comfort, to seed a crop of wheat, and to recover possession at the end of the lease...." The other Curtis family documents make similar petitions for properties known as "End View," "Davis," "Blows Mill," "Baltrops," and "Land End." Notably, Dr. H. H. (Humphrey Howard) Curtis's property "End View" was used as a Confederate hospital prior to being occupied by Union General McClellan in May 1862.
It is significant that the date on all of the Curtis petitions is June 1, 1865. This is just days after President Andrew Johnson made major changes to the policy of his predecessor, Abraham Lincoln. On May 29, 1865, Johnson issued an amnesty to southerners, promising political immunity and the return of confiscated property to southern whites who swore loyalty oaths. The Curtis family therefore moved quickly after this proclamation to reclaim their land, with the petitions indicating not only the request for property but also noting in some form that the undersigned has taken the oath of allegiance and is a loyal citizen of the United States as mandated by Johnson's policy. These three documents conclude with the notification that Sidney Smith of Williamsburg, VA, is their legally qualified agent and matters concerning the documents should be directed to him.
The fourth document in the collection relates to Samuel C. White's property "Temple Farm," a parcel of land notable due to its ties to military engagements both during the Revolutionary War and the Civil War. A protracted legal battle ensued over ownership of the property which eventually made its way to the Supreme Court of Appeals in Virginia. This four-page document was prepared for “The Honorable John A. Meredith Judge of the Seventh Judicial Circuit, in Virginia,” and details the case of the complainant Samuel C. White. While White's case was not related to the settlement of freed slaves on his property, he does reference the fact that his family was forced to flee his property “when General McClellan with his troops marched upon York Town” and that he was a refugee unable to get possession of his farm “it being occupied by many negroes under and by the authority of the United States Government...”
All four documents come with typed transcriptions. The Curtis family documents are in very good condition. The White legal document has some small tears along horizontal fold lines and minor soil at same locations on front page, however, entire document is easily legible and it remains intact.Condition
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