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Semmes, R., Mobile, Alabama, to Richard Henry Clarke, New York, New York, 1866 July 16

 Item
Identifier: CRCL I-2-n

Scope and Contents

Semmes has just received the Vanderbilt Bond from Europe and he sends a copy enclosed to Clarke. The bond is legal in every way but its descriptio personae of the payee. There being no President of the Confederate States could the bond be sued upon? If the bond could be taken into chancery, there would be no difficulty in recovery. Semmes wants to know if they could sue in the name of Jefferson Davis who would as payee be a nominal plaintiff. There would be no question who was meant to be payee of the bond. The suit should be brought to the "use of the United States and the captors" as the North claimed all property owned by the Confederate States. The case would be in the court of admiralty. Semmes cites numerous cases. If the United States discontinued any interest in the case, they could continue alone. But if it was better to make a sale of the bond with a view to a foreign proceeding, could a purchaser be found in New York? He suggests that Clarke consult Charles O'Conor . Semmes would hold himself to the terms mentioned if a suit was determined upon: the attorneys would get one-third of the amount received from the captors - the captors to be put at no expense, in case of failure. As to his personal status, Semmes' court is still closed by Federal bayonets. The President proclaimed with one breath the Southern States had full possession of their rights; and with another breath he shut up state courts and prohibited state judges from performing their functions, although they were both eligible under the Constitutions of the United States and of the States. The constitutional amendments before the legislatures of the states would make it impossible for them to be truly represented in Congress in that generation. He has written to Mr. Dennison of Pennsylvania as Clarke suggests. Semmes raises the question of the new ammendment to the Constitution. The United States mail steamer "Ariel", commanded by S.G. Jones, was captured cargo intact on the high seas as a prize of war by the Confederate States steamer of war, Alabama, R. Semmes, Commander, on or about December 2, 1862. For the benefit of himself, Cornelius Vanderbilt, the owner of the steamer, and the owners of the cargo, Jones signed a bond to save the ship and cargo. The bond promised to pay, within 30 days of the conclusion of the war between the States, to the President of the Confederacy and his successors, $138,000, the value of the steamer and prize money, and $123,000 for the cargo of the "Ariel". Signed by S.G. Jones and witnessed Dec. 9, 1862 by W.B. Smith Commander's Clerk. :: I-2-n A.L.S. 6pp. 4to.

Dates

  • Creation: 1866 July 16

Language of Materials

English.

Repository Details

Part of the University of Notre Dame Archives Repository

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