condition; the Emma was taken on up to Morganza. The barge Brott & Davis sunk in ten feet of water at the bank, and was never raised, but was a total loss. I further certify that both barges were in good order, and had been thoroughly overhauled at the Government ship yard, at Algiers, before starting up the river. N. H. ESLING. UNITED STATES CIRCUIT COURT, District of Louisiana. Sworn to and subscribed by N. H. Esling, this 7th day of January, 1867, before me. CHAS. CLARBOURNE, Clerk. NEW ORLEANS, December 14, 1864. I certify that on or about the steamer Colonel Cowles, having one hundred and fifty horses on board, and three hundred on two barges, towed by said steamer. The next morning at daybreak, five miles from Donaldsonville, it was discovered that one of the barges had two and onehalf feet water, and was leaking badly; was obliged to go ashore at Ford's plantation, unloaded the horses, and cut the barge loose, which was attached to the second barge by strong braces. I left the barge and horses at the aforesaid plantation, and on my return from Morganza the next day, found the barge sunk in about ten feet of water. I directed the captain of the boat to report the fact to the quartermaster, and I did the same. The barge was unavoidably lost, and nearly caused the loss of three hundred horses. Everything was done to save the barge, but to no avail, being very badly worm-eaten. I was at the time chief of cavalry, Department of the Gulf. day of July, 1864, I started from this city with the JOHN P. SHERBURNE, Colonel Eleventh New York Cavalry. Sworn to and subscribed to before me, this 15th day of December, 1864. 66 JOHN F. NOWELL, Notary Public. If the barge was, in fact, "badly worm-eaten," this fact would be material in estimating its value. But while Colonel Sherburne so testifies, Superintendent Esling, who seized said barge and had her appraised, swears that it was in good order and had been thoroughly overhauled at the Government ship-yard before starting up the river." The certificate of Colonel Sherburne shows gross neglect, or, at least, inexcusable indifference to the preservation of the boat. It is true, he says that "everything was done to save the barge," but states, at the same time, that he "left the barge" at the shore where they had landed her, and did not return until the next day, when she was "sunk in ten feet water." What had been done to save the barge, or by whom any thing was done, he does not state. Several witnesses testify that the barge was comparatively new. Alonzo Demilt testifies that "said barge was, apparently, nearly new, was of large carrying capacity, built of oak, round-knuckled, sharp at both ends, and adapted for towing when fully laden." R. M. Harrison testifies that "she was a valuable barge, and of great advantage and carrying capacity in towing, he having at one time loaded her with 3,500 barrels of flour; that he had ample opportunity to know said barge was reasonably worth $3,000." Isaac Davis, one of the owners, testifies that "said barge was nearly new, built of oak, sharp at both ends, with a deck over the bow and stern, round-knuckled, and measured 126 feet in length." Brott swears to the same statement. George M. Chapman, from whom claimants purchased, swears that said "model barge was about 126 feet long, built of oak, round-knuckled, and sharp at both ends," and that the price paid ($1,700) was a low one, but that he sold her cheap, having no further use for her. Several other witnesses corroborate all these statements as to the character and value of the barge. The loyalty of the claimants is verified not only by their own affidavits but the testimony of several other persons. They were northern men who went to New Orleans in 1862 and engaged in business there. This case was before this committee at the last session of Congress, but it then appearing that the claim for this barge had been assigned to R. M. Harrison, the committee made a report concluding as follows: Therefore, without expressing any opinion whether or not the Government might be liable for the value of said vessel, or determining what its value really was, it appears to the committee, under the circumstances aforesaid, that it would be improper to pass any bill entitling the petitioner to receive it. The committee beg leave to report the said petition and accompanying papers back to the Senate, and to ask leave to be discharged from the further consideration thereof. Since then, the said Harrison has executed a release to the petitioner of any interest vested in him by the said assignment, which release is now filed with said petition. The committee think the petitioners are entitled to at least the sum of seventeen hundred dollars; and a bill allowing them that sum is herewith reported, with the recommendation that it do pass. Copies of the order of seizure, &c., are herewith appended. OFFICE CHIEF QUARTERMASTER, DEPARTMENT OF THE GULF, CAPTAIN: You will seize all the model barges on the lower river, and direct Captain Pitfield to deck them over with a platform by twos, strong enough to go to Atchafalaya Bay, to carry horses, mules, and wagons. Captain B. B. LOCKE, A. Q. M. S. B. HOLABIRD, Colonel and Chief Quartermaster. I certify that the above is a true copy of an extract from the order received from Colonel Holabird. RICH. B. LOCKE, OFFICE OF ASSISTANT QUARTERMASTER RICHARD B. LOCKE, This is to certify that on or about the 27th day of June, in accordance with instructions received from Colonel S. B. Holabird, chief quartermaster Department of the Gulf, a copy of which order is hereto annexed, I caused to be seized a barge belonging to Messrs. Brott & Davis. Said barge was used in the service of quartermasters' department, for the purpose of transporting horses, and was sunk in the Mississippi River, as per certificate annexed, and that no compensation has been paid for said barge, and that until the present date, no parties having appeared to claim said barge, her services have not been reported by me. RICH. B. LOCKE, Captain and Assistant Quartermaster. BARGE 5, BROTT & DAVIS, The barge Brott & Davis was seized by my order and under instructions from Colonel S. B. Holabird, chief quartermaster Department of the Gulf. Was repaired, coupled, and lost, as described in the within certificate. The owners have never received any compensation for her, or services, and are justly entitled to the same. RICH. B. LOCKE, (late) Captain and Assistant Quartermaster. STATE OF LOUISIANA, I, Nicholas H. Esling, of the State aforesaid, being duly sworn, on my oath say that in the month of June, 1864, I was superintendent under Captain Richard B. Locke, assistant quartermaster and master of transportation for this military district. By his orders, I seized a number of model barges for military use, and among them was the model barge known as Brott & Davis. The barges were all appraised by commissioners appointed for that purpose, and the appraisement was made on them as they were when seized. The barge Brott & Davis was appraised at the value of three thousand dollars in the condition in which she was when seized. Sworn and subscribed before me, this 3d of May, 1867. N. H. ESLING. F. B. VINOT, Deputy Clerk United States Circuit Court. IN THE SENATE OF THE UNITED STATES. FEBRUARY 16, 1871.-Ordered to be printed. Mr. SUMNER made the following REPORT. [To accompany bill H. R. No. 2095.] The Committee on Foreign Relations, to whom was referred the act for the relief of John W. Massey, (H. R. 2095,) have had the same under consideration, and beg leave to report: John W. Massey was appointed and confirmed consul of the United States at Paso del Norte, Mexico, in 1862, and in accordance with instructions from the Secretary of State, Mr. Seward, started for his post. Having arrived at Fort Leavenworth, he found the road so infested with guerillas that, in accordance with the advice of Generals Halleck and Blunt, he abandoned the attempt to proceed, and returned home, when he tendered his resignation, which was accepted. In answer to a letter from Mr. Massey, asking whether the traveling expenses he had incurred would be paid by the Department, Mr. Seward replied, under date of July 16, 1862: It is not, however, in its [the Department's] power to allow the compensation you ask, inasmuch as the fund appropriated for the salaries of consuls can only be applied to the transit allowance when such transit is actually accomplished. And again, July 31, 1862, Mr. Seward says: Your petition to Congress to be reimbursed the amount actually expended in the honest effort to reach your post would perhaps be favorably considered. The committee recommend the passage of the act. |