LVA, RF&P 9/25/1863

{From the minutes of the Directors' Meeting of the Richmond, Fredericksburg & Potomac RR, September 25, 1863}

 
   The President reported to the Board that since the joint & several Railroad bonds, authorized by the resolutions of the Board of July 28th & Aug 4th has been executed and transmitted to Capt J M Robinson in England, he has received from Capt J M Robinson a letter dated St George's Bermuda Aug 31st 1863, and has since had a personal interview with Capt Robinson himself, in relation to a contract entered into by Capt Robinson on behalf of this and other associated Railroad Companies with Messrs Charles Joyce & Co of London for furnishing Railroad supplies, of which letter & contract the following are copies.
 
St. George's Aug 31st 1863
 
P. V. Daniel Jr Esq. Prest
 
Dear Sir,
   In case of accident to the "Robt E Lee" upon which I propose to take passage for Wilmington on the 3d of September, I herewith enclose a copy of the contract I have entered into with Messrs Chs Joyce & Co of Mooregate St London on behalf of your Company, the Virginia Central, the Petersburg & Weldon & the Seaboard & Roanoke. Should I be unable to continue the engagements I have entered into with Messrs Joyce for them they should unite in sending an agent to St Georges to carry out the terms of the agreement.  I would suggest that Maj Walker or one of his agents already here would undertake to deliver the Companies' notes and receive the goods destined for them. The value that should be stated on the face of the notes respectively cannot of course be accurately stated until Messrs Joyce's accounts are received here, but several modes of overcoming the difficulty will readily suggest themselves to you, and the amount can very nearly be estimated from a knowledge of the values of the respective lists furnished to me. 
   The affair should be promptly attended to, for Messrs Joyce were preparing to execute their part of the contract when I left England.
   You will perceive from one of the receipts of the Messrs Joyce that I have been obliged to write your Company and the Seaboard on the deposit of collateral to avoid depositing more than required by the agreement owing to the nature of the bonds in my possession. The Seaboard Co must therefore become indebted to your Company for the amount. Its bond for $8000 in my name, as well as $7000 bonds belonging to the Virginia Central Co are deposited to the orders of the Presidents of the respective Companies in a package containing also other papers that I have left in the hands of Messrs J K Gilliat & Co.
   I think this explanation will enable the RRd Companies I have mentioned to act of themselves, but I trust that I may reach Richmond in safety and give any further assistance in my power.
Yours Very Respectfully
Jno. M. Robinson
 
Agreement with Messrs Joyce & Company
   An Agreement made this fifth day of August One thousand eight hundred and sixty three between John Moncure Robinson a Captain of Engineers in the service of the Confederate States of America now residing at the St. James's Hotel Piccadilly London and acting herein as the Agent and for and on behalf of the undermentioned four Railroad Companies (namely) The Richmond Fredericksburg & Potomac Railroad Company, The Virginia Central Railroad Company, The Petersburg & Weldon Railroad Company {the Petersburg RR} and the Sea Board & Roanoke Railroad Company, (all being in the said states) of the one part and Messers Charles Joyce and Company of 61 Mooregate Street in the City of London, Merchants of the other part --
   Witnesseth that for the consideration hereby appearing each of the parties hereto for themselves so far as relates to the acts and deeds on their own part to be performed Co hereby agree with the other of them as follows
1    The said Charles Joyce and Company will at their own costs and upon the requisition of the said John Moncure Robinson furnish and supply for the use and service of the said Railroad Companies respectively all or such part as shall be so required of the Stores, Materials Articles and things which are specified and mentioned in the Four Lists hereto annexed and signed by the said parties.
2    The said supplies shall be by the said Charles Joyce and Company procured and shipped in England and delivered to the Agents of the said Railroad Companies respectively at either the Island of Nassau or the Island of Saint George Bermuda as may be ordered by the said John Moncure Robinson on his making requisition for such supplies.
3    Each of the said Railroad Companies shall be responsible only under this agreement for the supplies furnished for its own use.
4    The said Charles Joyce and Company shall be paid by the said Railroad Companies respectively in Sterling money of Great Britain the invoiced prices of the said supplies besides all freight and other expenses of and incident to the shipment conveyed and delivered therof the costs of Insurance of the said supplies to the time and port of delivery and interest on their outlay for or on account of the said supplies at the rate of Eight pounds per centum per annum to be computed up to the respective times of the delivery of the said supplies as aforesaid together with a commission of seven pounds and ten shillings per centum on the respective total amounts of the Invoices of the said supplies.
5    Upon the delivery of the said supplies in manner aforesaid by the said Charles Joyce and Company Bonds or Notes of the said Railroad Companies respectively bearing interest at Eight pounds per centum per annum the principal of such Bonds or Notes being payable not later than the thirty first day of December in the year One thousand eight hundred and sixty five both principal and interest being payable in London and the principal representing the full amount or value in Sterling money of the supplies furnished to each Company (including the freight expenses costs interest and commission aforesaid) shall be delivered by the Agents of the said Railroad Companies respectively to the Agents of the said Charles Joyce and Company in payment for the said supplies at the place which the same shall be delivered.
6    The said Railroad Companies respectively will remit semi-annually from time to time in Sterling money to the said Charles Joyce and Company the interest accruing due upon the said Bonds or Notes which interest the said Charles Joyce and Company shall be entitled to retain for their own benefit.
7    Within six months after peace between the said States and the Northern States of America shall be concluded all the Bonds or Notes delivered as aforesaid (although the same may not then according to the tenor thereof be due) shall be by the makers thereof or other parties liable thereon taken up and paid with all interest then in arrear and due in respect of such Bonds or Notes respectively either in Sterling money or (at the option of the said Charles Joyce and Company) in Cotton of which the quality shall be middling upland and the value shall be taken by and between the parties hereto to be five pence sterling per pound and if the said Charles Joyce and Company shall elect to receive such payment as aforesaid in Cotton they shall transmit notice of such their election to the said Railroad Companies respectively within sixty days next after intelligence shall reach the said Charles Joyce and Company of the conclusion of peach as aforesaid and in that case the said Cotton shall be delivered by the Agents of the said Railroad Companies respectively to the Agents of the said Charles Joyce and Company in properly packed and merchantable bales and free from all taxes and charges in the Port of either Wilmington or Norfolk at the option of the said Charles Joyce and Company.
8    The said Railroad Companies respectively will during the continuance of these presents deposit in advance with the said Charles Joyce and Company by way of collateral security for the said supplies Bonds of the Company Confederate States of America or securities equivalent thereto and satisfactory to the said Charles Joyce and Company such Bonds or other securities bearing interest at a rate not lower than Five per centum per annum and the principal thereof being at all times for amounts or values of at least twice the amount which for the time being shall be due and owed under this Agreement by each Railroad Company to the said Charles Joyce and Company for or in respect of the said supplies.
9    For the purpose of calculating the amounts of the cost mentioned Bonds and other securities Four dollars and Eighty four cents of money of the said Confederate States shall be taken and considered to be equivalent to one pound Sterling.
10    All the Bonds and other securities to be deposited as aforesaid shall be by the said Charles Joyce and Company held as security only to them for the sums or amounts which for the time being shall be owed to them by the said Railroad Companies respectively for or in respect of the said supplies  and the same Bonds and other securities shall not be by the said Charles Joyce and Company sold or parted with unless default shall be made by the said Railroad Companies respectively in payment in the manner stipulated and provided for by these presents for the supplies to be furnished in pursuance of this Agreement to the said Railroad Companies respectively by the said Charles Joyce and Company shall be at liberty to realize or otherwise deal with as they may think proper the Bonds and other securities deposited with them as aforesaid to such amount or extent as shall be sufficient to reimburse themselves the amount which for the time being shall be owing under this Agreement to them by the said Railroad Companies respectively for or on account of the said supplies.
11    In the meantime the said Charles Joyce and Company shall be at liberty from time to time to receive for the credit of the said Railroad Companies respectively the interest accruing due on the said Bonds and other securities.
12    Upon full payment being made in manner aforesaid to the said Charles Joyce and Company by the said Railroad Companies for and on account of the supplies furnished to them respectively under the Agreement the said Charles Joyce and Company will return to each Railroad Company or to their Agent all the Bonds and other securities deposited with them by such Railroad Company as security as aforesaid and will duly account for the interest on said Bonds which in the meantime shall have been received by the said Charles Joyce and Company.
   In Witness whereof the said parties to these presents have hereunto se their hands the day and year first above written.
signed by both the above parties, Messrs Charles Joyce & Co signing by Mr Frederick George Westmoreland a member of that firm in the presence of  Jno M Robinson
Chas Joyce & Co
John Harrison
Notary Public
No 17 Gracechurch Street London
 
   The President further stated to the Board that by the resolution of the Convention of Associated Railroad Companies held in this office on the 13th & 17th of February 1863, the Compensation to be paid to Capt Robinson for his services as Agent of these Companies in procuring supplies from Europe and for the expenses of his visit to Europe it was agreed should be "ten per cent on the cost of the articles ordered by each Company; provided that such compensation shall not exceed $8000 nor to be less than $4000, the said compensation to be computed and furnished in sterling funds;" but that this Company not having furnished nor without great difficulty & loss been able to furnish to Capt Robinson during his stay in Europe its proportion of this compensation in Sterling funds, and Capt Robinson being now indisposed to exact of this Company that it should reimburse him in Sterling or its equivalent in Confederate currency its proportion of either the amount expended by him in Sterling derived from other sources, or even of the minimum compensation stipulated to be paid to him, was willing now to receive of the Company in lieu of both, an obligation of the Company similar in all respects to the proposal to be given to Messrs Charles Joyce & Co of London for an amount equal to ten per cent on this Company's indebtedness to Charles Joyce & Co. under the contract entered into with them; in which the per centage received as a commission to be paid to them was understood with them to be really only such in form, but in substance a discount, at which they agreed to receive the obligation proposed on payment of the supplies furnished by them.
   Whereupon it was
   Resolved that the Board hereby approves and ratifies the Contract entered into in its behalf by Capt J. M. Robinson with Messrs Charles Joyce & Co, of London, and hereby authorizes and instructs the President & Treasurer to execute with the Corporate Seal of the Company and deliver one or more obligations of the Company in accordance with the said contract to Messrs Charles Joyce & Co of London for an amount not exceeding in the aggregate the amount of the cost of articles furnished by the Messrs Charles Joyce & Co with all freights and charges thereon justly due to them.
   Resolved, that the President & Treasurer be further authorized and instructed to execute and deliver to Capt Jno M Robinson a similar obligation of the Company for an amount equal to ten per cent on the amount of this Company's indebtedness to Messrs Charles Joyce & Co under the said contract.
   Resolved, that the President be authorized to employ an agent at Bermuda for such compensation as he shall deem must who shall superintend the receipt from England at that point and the shipment thence to a Confederate Port of such supplies as shall be imported by this Company and upon ascertaining the correctness of the invoices shall deliver to the Agents of the exporters this Company's obligations for the cost thereof.
   Resolved that the President be authorized to procure and transmit to such agent in Bermuda such an amount in specie or sterling funds as may be needed to defray the expenses of transferring and shipping the said supplies brought from England to a Confederate Port.

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