NA, A&F 6/5B/1863

Richmond June 5 1863
 
Hon. Secty of War
 
Sir, 
   The undersigned desires to place a statement of facts on file with the papers connected with the claims of the Ala. & Fla. R. R. Co. (of Fla.) {Alabama & Florida (of Florida) RR} to the end that when application is made to Congress for payment on account of losses sustained in consequence of the notes of the agent of the Confederate Government, it should not be said the company having assented to receive such sums as was awarded in payment for iron and precluded "from asking of Government any thing more on that account or on account of damages as ascertained by the Company." 
   The Ala. & Fla. R. R. Co. (of Fla.) iron taken possession of by the Government on the 9th May 1862 with the visions of removing the iron for the purpose of "Completing interior roads." (see order of Genl T. M. Jones and dispatches of Genl J. H. Gormy on file with the papers in the case in 2nd Auditor's officer)
   For this purpose 5132 bars of iron rails were seized.
   ??? also returned from time to time for work on defenses under the order of Genl Forney & Genl Buckner 512386 bars making altogether 5?? lbs.
   Besides this there were taken by the Government 140624 lbs Rail Road chairs, 69522 lbs Rail road Spikes, 4500 lbs Rail road frogs & 2 Switch Stands.
   For this iron seized in May 1862 -- ???? of the ??? worth -- the business of the company in a great measure destroyed -- the Government agents have only furnished receipts from time to time as the iron has been taken away.
   The last receipt was obtained about 6th April 1863 and the undersigned immediately hastened to Richmond to obtain a settlement with the Government.
   As the road had been taken up against the remonstrances of the Company, and owing to the inability of the Company to obtain the proper vouchers from the officers of the Government -- a delay had arisen for which the Company was in no degree responsible during which rail road iron had so rapidly increased in price, owing to its scarcity and the inflation of the currency -- it was thought by the Company that the price to be paid for this iron should by governed by these facts ??? is ??? when the Government had last December made a contract for iron furnished to the Manufactory for $100 per ton,
   The Secretary of War however decided that the price of iron at the time of seizure of the road should govern; and required that Evidence of the price at that time should be presented to the Auditor.
   The Qr Master Genel having allowed Dr. Griffin the President of the Ala. & Miss. R. R. Road to pay for much of the iron as had been used on his road to complete the Selma & Meridian connection, at a price which had been fixed without any consultation with the agents of the Ala. & Fla. R. Road.
   Dr. Griffin was accommodative to present evidence with regard to the price of the iron. This evidence was not received from Dr. Griffin until 26 May 1863 thus compelling the undersigned to remain in Richmond near two months at great expense before a settlement could be obtained.
   The undersigned protests against the decision of the Secretary of War requiring him to go back to May 1862 to ascertain the value of Rail Road iron chairs and spikes.
   It is the desire of the Ala. & Fla. R. R. Co. to relay their road as soon as the iron can be obtained with the means at their command.
   It is due to our people who have been injured by the breaking up of the road.
   Railroad iron at the present time ??? ??? assumed would command three hundred Dollars per ton, chairs and spikes ??? 25 to 30 cts per pound. See Gov. J. E. Brown's letter and certificate of J. B. Anderson & Co on file with the papers in this case.
   Of course the price which has been awarded us by the Government $100 per ton for iron and ten cents per pound for chairs and spikes will go ??? in little way towards rebuilding the road, and as the Government refuses to pay damages for bridges destroyed, track taken up and road bed injured as will be ??? to the necessity of going before Congress for relief.
   Feeling that the company have been greatly impaired by the acts of the Government agents we ask that this statement be filled with the papers in the case that together they may place this matter in such light before the Congress as to induce that body to grant full and adequate relief.
   We must also record our solemn protest against the acts of the Government in not allowing in?? on the value of the iron seized from the time of seizure, after ??? as such to that period to determine its value. They took up and destroyed the road thus depriving the company of its resources, for meeting the interest on its indebtedness and the materials and now reference the only ??? which it could remedies -- interest upon the value of the materials taken up and used for its own purposes from the ????? were taken up to the time of final settlement.  
Very Respectfully Submitted
O. M. Avery
Prest. Ala & Fla R. R. Co of Fla.

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