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Richmond May 8th 1863
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| Hon Sec'y or War |
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| The iron upon Ala & Fla R. R. was
taken up May 1862. Was formally seized by Col Tate 12 July 1862. |
| Has been taken for Mobile defences from
time to time to March 1863. |
| No receipt was received from Col Tate
until December 1862.
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| Final receipt for iron for Mobile defences
received April 1863.
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| Under date Sept 12 1862 Col Tate wrote the
undersigned "I have had a conference with Gen'l Maury within the
present week upon the subject of your compensation. He instructs me to
say to you, he has referred the whole matter to the War
Department."
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| Under date Feb 3d/63 Col Tate said "I
have nothing to do with finding the price of your iron."
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| In reply to a communication stating
information had been received that the iron had been sold, Col Tate
under date March 12 1863 said "All I have to say about that
matter is this. Your informant stated a falsehood, and knew it, or
ought to have known it to be a falsehood when he stated it as he or
any other man of common sense ought to have known, that I nor any one
else had any right to make any charge for it until the Government
definitely fixed the price, and then could only have charged its
actual cost. I have stated the facts of the seizure, and have disposed
of, and leave the Government to settle the balance."
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| The undersigned arrived in Richmond for
the purpose of having a Settlement with the Government on Saturday 11
April 1863.
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| The amount of the Ala & Fla RR Co has
sent to the War Dep't by Hon A E Maxwell the Monday following. On
Wednesday the 15th it was referred to the 2d Auditor for his report.
The report of the Auditor was Handed to the Secretary of War on 23d
April. On the 24th the Secretary of War endorsed upon report "To
seems to me the equitable principle of settlement in this case would
be the value of the iron taken up at the time of the seizure of the
road for the purpose of removing the track." and forwarding a
query to the Qr. M. Gen'l.
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| On the 25th the Qr. M. Gen'l replied.
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| On the 27th (???) the undersigned handed a
communication to the Sec'ty of War ??ing in his ??sions, ??? reliance
upon Congress for an equitable adjustment should the amount received
by the Company be found to not be a "just compensation."
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| Upon this communication the Sec'y of War
endorsed "The Qr Mr Gen'l has been instructed to present such
evidence to the Auditor as he can conveniently forward as to the value
of the iron at the time of the seizure. A reasonable time must be
allowed for the presentation of that evidence. When the Auditor must
settle and report the account. The Auditor may prescribe what he
considers a reasonable time."
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| When called upon to prescribe the time,
the Auditor stated he thought 8 or 10 days ought to be considered a
reasonable time -- as he had been so informed by the Qr. Mr. General.
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| The ten days expired on Tuesday the 5th
inst.
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| The undersigned respectfully submits,
whether in view of all these facts it would be just to require him to
wait longer for the auditory and settlement of the claims he
represents.
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| In accordance with the decision of the
Secretary of War he is ready with evidence to show what was the market
value of Rail road iron at the time of the seizure of the iron of the
Ala & Fla R R Co., and asks that the necessary steps may be taken
to bring this matter to a close.
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| Respectfully submitted
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| O M Avery Prest {Alabama
& Florida (of Florida) RR}
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