FA, F 9/12/1862

{Some have claimed that the Southern States were led into secession in order to allow the big companies in the South to declare their huge debt to Northern banks to be debts to aliens and this  would allow the companies to default on them without suffering from the action. The primary example of a company in great debt to Northerners was the Florida RR and their announced debt is detailed in the document below. The court action that required this information is uncertain since the documents relating to it have not been found.}
 
   This Respondent, David L. Yulee, President of the Florida Rail Road Company, referring to his answer filed with the Receiver in the month of January last, answers further, That the Course recommended & asked in said answer, not having been acted upon by the Court, so that the case has not been prepared as he hoped it might be, in season for the present term of the Court, he has thought it advisable, in order to facilitate the action of the Court, to specify the debts owing by this Company to parties residing in the United States (now at war with this Government) which were contracted on account, and in behalf of the Contractors, Edward N. Dickerson & Co.,
   The obligations of this Company (Florida Railroad) were given, but the Collateral Security, in every case large, was furnished to the Company by the Contractors, to be placed with the notes as security to the Company as well as the Creditor.
   The Convenience of the Company name in these cases was afforded to the Contractor for reasons useful to the objects of the Company, but without any agreed pecuniary Consideration.
   The following and the items of indebtedness thus incurred, as existing on the 30th day of August 1861. In all cases the notes are negotiable.
   They owe to Vase Livingston & Co. of New York City Twenty six notes of Five thousand Dollars each, Four notes of Four thousand One hundred and One & 53/100 Dollars each. One note of Four thousand one hundred and One & 59/100 Dollars. One note of Three thousand four hundred, fifty eight & 93/100 Dollars. One note of Two thousand two hundred, thirty four & 98/100 Dollars. Making in all, One hundred and fifty six thousand, two hundred and One & 62/100 Dollars.
   The twenty six notes of $5,000 each and the note of $3458 93/, this respondent endorsed, with the above notes, the said Vase Livingston & Co hold, as Collateral, One hundred and ninety five thousand Dollars or thereabouts, of Internal Improvement (7 per cent) Bonds of the Florida Rail Road Company.
   And this respondent further says that the said Notes and Bonds were at one time in the possession of Dennison Wood & Co of New York, but this respondent cannot say what was the nature, or extent of their interest, therein.
   They owe to the Ebbwvale Company Twenty seven Notes of Ten thousand Dollars each, One Note of Seven thousand eight hundred & Sixty two & 64/100 Dollars, and Five notes of Four thousand One hundred and One & 53/100 Dollars each. Making in all Two hundred and ninety eight thousand, three hundred and seventy & 29/100 Dollars.
   With these Notes, the said Ebbwvale Company hold as Collateral, Three hundred and eighty eight thousand Dollars if Internal Improvement (7 per cent) Bonds of the Florida Railroad Company.
   The Ebbwvale Company is an English Company. They have an agency in New York.
   The original transaction, out of which this indebtedness, and that preceding, grew, was with Vase Livingston & Co. of New York. Joseph Finegan & Co purchased from them 8000 tons of Iron (by a Contract dated in 1856) and gave them Notes, for the part delivered, to Vas Livingston & Co. When Edward N. Dickerson and Associates assumed the Contract, and extension was asked, and given, and the Railroad Company gave them Notes in substitution, dated Novr 1st 1858.
   So far as this Respondent understood the case, it seemed that the Ebbwvale Co had furnished to Vase Livingston & Co. a part of the Iron under the original Contract, but the whole business was transacted in the name of Vase Livingston & Co.
   When the extension was made, Vase Livingston & Co. recognised the Ebbwavale Co as Holding the above proportion of Interest. Whether the notes were made to the Ebbwvale Co direct for their portion, or all the notes made to Vase Livingston & Co, and the due portions assigned by them, I do not recollect. But whatever was the shape of the notes, they were so made by direction of Vase Livingston & Co who were the only parties known up to that time in the transaction.
   The Respondent is thus particular in his statement in order that the Court may have all the facts he can furnish in aid of its Judgment, whether the debt is of the Class subject to the provisions of the Sequestration Act.
   They owe to Riggs & Co of New York City Five Notes, One of them for Thirty three thousand three hundred, and thirty three & 33/100 Dollars, and four for Six thousand six hundred and Sixty six & 66/100 Dollars each Making in all Fifty nine thousand nine hundred, and ninety nine & 99/100 Dollars. The said Riggs & Co hold as Collateral, Fifty six thousand Dollars of he Internal Improvement (7 pr ct) Florida Rail Road Bonds, and one hundred and six thousand Dollars of Freeland (8 pr ct) Florida Rail Road Bonds. Making in all One hundred and sixty two thousand Dollars.
   Two of the firm of Riggs & Co, to wit, Geo. W Riggs and Keichaeffer, reside in the City of Washington, District of Columbia, Geo. W. Riggs as stated in another answer, this Respondent verily believes, is in heart, and principle with the Southern cause. Mr. Keichaeffer is a native of England, whether he has been naturalized or not this respondent cannot say, nor is he able to give opinion as to his probable feeling.
   They owe to Elisha Riggs of             Five notes One of them for Five thousand five hundred and fifty five & 55/100 Dollars, and the rest for One thousand one hundred, and eleven 11/100 Dollars, each, making in all Nine thousand nine hundred and ninety nine & 99/100 Dollars. He holds Twelve thousand Dollars of Internal Improvement (7 pr ct) Florida Rail Road Bonds, And Fourteen thousand Dollars of Free land, Florida Rail Road Bonds, as Collateral. The transaction was made in New York, Mr. Elisha Riggs was absent in Europe when this Respondent left Washington City in February 1861. Whether he regards himself a resident of Washington City or of any other place in the United States, this respondent cannot say.
   They owe to Gelpke Kuetzen & Reichelt, Nine Notes, One for Twenty five Thousand Dollars, and four for Five thousand Dollars each, and four for Six hundred and fifty Dollars each, making in all Forty seven thousand, six hundred Dollars.
   The said Gelpke Keutzen & Reichelt, held as Collateral, Forty nine thousand Dollars, of Internal Improvement (7 pr ct) Florida Rail Road Bonds, and Forty six thousand Dollars of Free land (8 pr ct) Florida Rail Road Bonds, in all One hundred and Five thousand Dollars.
   The said Gelpke Keutzen & Reichelt claimed to have sold a large portion of these Bonds upon failure to meet the payments as due. But as no final account has ever been rendered by said Gelpke Keutzen & Reichelt to this Company, on the Respondent, it is not possible to say how the balance might stand upon account.
   They owe to Harlan & Hollingsworth of Wilmington, Delaware, Two Notes, One for One thousand four hundred and Seventy one & 15/100 Dollars, and one for One thousand four hundred and seventy one & 16/100 Dollars, making Two thousand nine hundred and forty two & 31/100 Dollars. The said Harlan & Hollingsworth hold as Collateral, Two thousand Internal Improvement (7 pr ct) Florida Rail Road Road Bonds, and Four thousand Free land Florida Rail Road Bonds.
   They owe the Taunton Locomotive Manfg Co of Taunton Mass. Two Notes for Three thousand eight hundred, and seventy eight & 03/100 Dollars each, Making Seven thousand seven hundred and fifty six & 06/100 Dollars. The said Taunton Locomotive Manfg. Co, hold Fourteen thousand Dollars of Freeland (8 pr ct) Florida Rail Road Bonds, as Collateral. The Notes bear the endorsement of this Respondent.
   They owe M. K. Jesup & Co of New York, One Note for One thousand six hundred and nine Dollars. The said M. K. Jesup & Co hold Two thousand Dollars of Freeland (8 pr ct) Fla. Rail Road Bonds as Collateral.
   They owe Corydon Wyuch of New York Four notes as follows, One note for One thousand eight hundred and thirty eight & 81/100 Dollars, One Note for Nine hundred & 65/100 Dollars, One note for Three hundred and seventy one and 85/100 Dollars and one note for Two hundred and fifty two & 28/100 Dollars, making in all Three thousand three hundred and sixty three & 59/100 Dollars. The note for Nine hundred & 65/100 Dollars is endorsed by this Respondent. The said Corydon Wyuch holds as Collateral with said notes, in different proportions, Nine thousand Dollars of Freeland (8 pr ct) Bonds.
   They owe George E. Dascomb ( assignee of Corydon Wyuch) Two notes, One for Five hundred and thirty four & 26/100 Dollars, and one for Five hundred and thirty four & 30/100 Dollars, making One thousand and Sixty eight & 56/100 Dollars. He holds as Collateral, Two thousand Dollars of Freeland (8 pr ct) Bonds. These notes are endorsed by this Respondent.
   They owe Danfoth Cook & Co., Patterson N. J. Six notes, viz Two notes for Two thousand six hundred and ninety two & 51/100 Dollars, each, and four notes for Two thousand six hundred and ninety two & 51/100 Dollars each, making Sixteen thousand One hundred and fifty five & 10/100 Dollars. The said Danforth Cook & Co. hold as Collateral, Twenty seven thousand Dollars of Internal Improvement (7 pr ct) Florida Rail Road Bonds.
   They owe to James Tinken of New York, One note for Eleven thousand four hundred and forty one & 08/100 Dollars, and one for One thousand four hundred and ninety eight Dollars, both endorsed by the Wilmington & Weldon R. R. Co of N. C. Also one note for Two thousand five hundred and sixty eight Dollars and one note for Ten thousand and two hundred and seventy two Dollars, both endorsed by the Wilmington & Manchester R. R. Co. of N. C.
   These notes may have been reported for sequestration at Wilmington N. C. by the endorsers. The Respondent has made himself individually liable to the two indorsing Companies for their security.
   They owe Dean Reilhe & Co. of Philadelphia, Two Notes for Nine hundred & 69/100 Dollars each, making One thousand eight hundred and One & 38/100 Dollars. The said Dean Reilhe & Co hold as Collateral, Six thousand Dollars of Freeland (8 pr ct) Bonds of the Florida R. Road Co. -- These notes and {are} endorsed by this Respondent.
   This Respondent further answers that the Contractors, Edward N. Dickerson & Co. having Completed their work under the Contract with this Company, are entitled to a final estimate, and settlement, but that until they, or some party representing them, come forward to present their claim, and go into account, it is impossible for this Company to deside how the balance of account will stand; much depending upon the extent to which this Company may be obliged to redeem the obligations assumed by them in behalf of the Contractors, as will those before herein specified, as other debts to parties residing in the Confederate states, on account, and for the benefit of the said Contractors.
   This Respondent further answers that the Florida Rail Road Company, as securities for the Trustees of the Freeland Bonds, and jointly with them, become indebted to John Elliott, Agent for August Belmount & Co., Riggs & Co, and James T. Souther, in the sum of Thirty five thousand Dollars, which was borrowed from those parties to pay the interest warrants on the Freeland Bonds, which fell due on the                   1860.
   And that your Respondent, in his individual Capacity became security for its payment. -- That a trust deed was executed by the Trustees to John Elliott to secure the debt and that this Respondent, also to enable the negotiation to suceed, pledged a large amount of his personal property by Mortgage. Ten thousand Dollars of this indebtedness has been paid by the Trustees. Whether any more of the debt has been discharged by the trustees, this Respondent is not informed, but the said Trustees can answer.
   This Respondent further answers that the Florida Rail Road Company is indebted to the following parties in the sums severally stated, to wit,
   They owe to Bush & Lobdell, Wilmington Delaware, Five negotiable Notes as follows, One note for One thousand three hundred and nine & 62/100 Dollars, One note for Two thousand nine hundred and thirty nine & 69/100 Dollars. One note for Eight hundred and eighty four Dollars, One note for One thousand three hundred and twenty five &46/100 Dollars. And one not for Seven thousand five hundred, and forty seven & 03/100 Dollars Making in all Fourteen thousand, and five & 80/100 Dollars. Upon all these notes this Respondent is endorser.
   The said Bush & Lobdell hold, as Collateral, Eleven thousand Dollars, of Freeland Florida Rail Road Bonds.
   Two of the above notes, to wit, that for Two thousand nine hundred & thirty nine & 69 Dollars, and another small note (which, not recolected) are believed by Respondent to have been assigned to toher parties in Wilmington Delaare. But the entire transaction on the part of the Company was with Bush & Lobdell.
   They owe to Rogers Locomotive Manfg Co. Patterson N. J. Six Notes, One for Two thousand six hundred, and eighteen & 03/100 Dollars, One note for Two thousand six hundred and 98/100 Dollars, One note for Two thousand six hundred, and forty seven & 87/100 Dollars, One note for Two thousand six hundred and thirty & 62/100 Dollars, One note for Two thousand six hundred and seventy seven & 72/100 Dollars, and One note for Two thousand six hundred and sixty & 28/100 Dollars, making in all Fifteen thousand eight hundred and thirty five and 50/100 Dollars. The said Rogers Locomotive Manfg Co. hold as Collateral, Twenty seven thousand Dollars of Internal Improvement (7 pr ct) Florida Rail Road Bonds.
   They owe to S. B. Bowles, New York, One note for Three hundred, and four & 75/100 Dollars.
   But in reference to this note, it is but proper to state that a suit was brought upon it in the City of New York, against this Respondent individually by the said Bowles, who alleged that the said note was lost, and in the absence of this Respondent a Judgment for the amount was obtained against this Respondent individually, and which Judgment still remains unsatisfied.
   The Books of this Company also show the following Miscellaneous balance in favor of parties residing in the hostile States, some of which it is probable had been paid. Namely, One note of Oct 1st 1859, to J Stanton & Co at six months, for Five hundred and twelve & 32/100 Dollars.
   Balance to Credit of Carlos French of Seymoun Conn, of Seventy nine Dollars.
   Balance to credit of George Bailey & Co of Buffalo N. Y. of Thirty Seven & 37/100 Dollars.
   Balance to credit of American Bank, Note Co at N. Y. of One hundred and sixty five & 02/100 Dollars.
   Balance to credit of C. O. Jones New York of Two hundred and seventy five & 67/100 Dollars.
   Balance to credit of T. W. Wason & Co of Two hundred Dollars.
   Balance to credit of H. C. Jones, New York N. I. of Twenty four Dollars
   Balance to credit of Manhattan Oil Co. N. Y. of Nine hundred and sixty nine & 57/100 Dollars
   A part of the foregoing debts are more or less connected with the adjustment of the accounts of Edward N. Dickerson & Co and may, or may not be chargeable to him according to the principles of settlement which may be adopted.
   This Respondent further answers, that the annexed report from the Secry & Treasr of this Company, under the seal of this office, shows what stock is held by alien enemies, so far as the records exhibit. But this Respondent has knowledge that the Certificate for 1654 shares in name of E. N Dickerson was assigned by him to James T. Souther, then of New York, subject, as Respondent understood to be reclaimed by said E. N. Dickerson, upon his delivering to said James T. Souther of a certain amount of full paid Stock which he had contracted to him, the said Souther for valuable consideration.
   This Respondent further answering says, that he has individually, an open account with Edward N. Dickerson and associates, growing out of various negotiations made, and much business transacted, for them, in aid of their operations, during which he has paid out a large amount of money in their behalf, and has received various amounts of money and Bonds from them, on their account, all of which is subject to be accounted for in general account current.
   This Respondent is not able to state a balance with any accuracy before comparison & adjustment of accounts with the said Edward N Dickerson and associates, which has been prevented by the pending war.
   But as at present appearing, there is owing to this Respondent by said E N Dickerson and associates a considerable balance. Besides which, the said Respondent has also become obligated by endorsements to a large amount, as will in the Confederate, as in the United States, for account, and benefit of said E. N. Dickerson and associates; and that these liabilities may greatly swell the amount.
   This Respondent, however, is ready and willing to go into account, as far as he is able, under advise of this Court; and to settle the accounts between himself, and the said Edward N. Dickerson and associates, upon such principles of adjustment as may be agreed upon with the Respondent, by the District Attorney and Receiver, under direction of the Court.
   This Respondent further answering says, that he has, in his name 7,434 Shares of the Stock of the Florida Rail Road Company, which are assignable to Edward N. Dickerson and associates, whenever firstly, this Respondent has been paid the balance, which may be due and owing to him from the said Edward N. Dickerson and associates, and has become relieved from his personal liabilities on their account, and secondly when the Rail Road Company shall have become relieved of its liabilities on their account; the Respondent having in mind, when these liabilities, and accounts were occurring, the fact that he controlled a security which he held in his own name, and possession.
   This Respondent further answering, says that he holds also the title papers of Edward N. Dickerson and associates to various lots in Fernandina, assigned to them by Joseph Finegan & Co, but he considers this property, also primarily liable to him, and the Rail Road Company, as above, for his and their indebtedness, and liabilities on their account.
   This Respondent may possibly have made some omissions in this answer, or some errors in amounts, but he is not aware of having done so.
   Should he hereafter discover any errors of omission or otherwise, he will make further answer in correction.
D. L. Yulee
Presdt.
 
Personally came D. L. Yulee, who being duly sworn says on oath that the foregoing answer made by him as President of the Florida Rail Road Company is true and in all respects a full and complete answer.
Sworn to and subscribed before me
R. W. B. Hodgson
Receiver
Septr 12th 1862
 
Office Secy & Treas Fla R. R. Co.
Gainesville Septr 8th 1862
   I hereby Certify that the amount of Stock issued by this Company to persons who are now supposed to be alien enemies, amounts in the aggregate to One Thousand six hundred and ninety four shares of One hundred Dollars each, as follows
  E. N. Dickerson 1654 Shares
  M. O. Roberts 10     "
  Masy Taylor 10     "
  J. J. Phelps 10     "
  Percy R. Pym 10     "
   I have been advised (though not officially) that some time prior to the 21st day of May, 1861, the stock issued as above to E. N. Dickerson, was by him assigned to J. T. Souther but whether or not said assignment was an entire change of property or as security for some engagement, I am without information.
Witness my hand and official seal this eight day of September A. D. 1862
F. C. Barrett
Secy & Treasr

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