D, C&SC 1/4/1864

Office Charlotte & South Carolina Railroad Co.
Columbia, S. C.  January 4th 1864
 
To His Excellency
Governor Bonham
 
Dear Sir,
   Your favor in regard to the 50 bales of cotton was received last week but owing to my absence and the pressure of other matters I have been unable to answer its contents until the present.
   As Col. Duncan was the agent of this company for shipping cotton from Wilmington, before writing you the note of Octo 31st I called to see him, to ascertain whether by loaning 50 bales for some weeks, I would cause him to violate any engagements he had made with shippers. Upon his reply that it would not I proceeded to the depot and wrote you hurriedly the note referred to. From that day I have not had one word of correspondence with Col Duncan on this subject. His letter to you states explicitly that you were to "replace the cotton as soon as convenient." I have received no acknowledgement of my note except as contained in your last, to this date. Nor was I aware that my offer to place the 50 bales at your disposal had been accepted, until through Col. Coldwell. You asked me for "cost & charges. 
   Mr. Kerrison represented that the shipping had been engaged and that the emergency was to get the cotton promptly to Wilmington for the State. This induced me to state that I would place the 50 bales of cotton at your disposal for the State. It would appear to warrant the inferences of a loan, as readily as a sale. I had not been asked to sell cotton to the State and Mr. Kerrison in his statement which you enclosed, states especially that "he replied that the company required all the cotton they had in Wilmington." Your own witness expressly states that the company had no cotton to sell. Besides, had I intended a sale, it would have been the most simple and natural mode to have said so in my note. I sell you 50 bales of cotton to be in Wilmington &c &c. Would have been natural expression of a sale. Mr. Kerrison's statement, Col Duncan's letter, and the fact that the company needed all its cotton in Wilmington for and had been denied by the So. Ca. Rail Road the right to send its trains with its own cotton down to Kingsville. I presume that no road in the State would hesitate to transport 50 bales over it for the State, and that you could easily replace it which this company could not do, nor would I as the President of this Company have parted with it under a different idea. Indeed I had no right to do so, since 75c per lb. would not compensate the company for the cotton in Wilmington.
   It appears that on the 22nd of Novr., before the cotton was delivered, Col. Duncan by letter advised you that "you could replace the cotton" as soon as convenient." This letter written before a bale was delivered. (The last 25 bales were delivered nearly a month after, to wit 21st Dec) yet the cotton was used after Express Notice of the terms of delivery and one half of it nearly a month after notice from Col Duncan and myself both. Surely after this you would not insist that it was not received after Express endorsed loading that it was to be replaced (see my letter of about the 29th Nov)
   I regret that there should be any diversity of opinion on this subject and hope you will view it as I do in my officialduty.
I am Very Respectfully
Your obt Servt.
Wm Johnston
Prest.

Home