57TH CONGRESS, HOUSE OF REPRESENTATIVES. ) DOCUMENT 1st Session. No. 402. SHIP GLASGOW. LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS, TRANSMITTING A COPY OF THE CONCLUSIONS OF FACT AND LAW IN THE FRENCH SPOLIATION CASES RELATING TO THE SHIP GLASGOW, M. ALCORN, MASTER, AGAINST THE UNITED STATES. FEBRUARY 20, 1902.-Referred to the Committee on Claims and ordered to be printed. COURT OF CLAIMS, Washington, D. C., February 19, 1902. SIR: Pursuant to the order of the Court of Claims, I transmit herewith the conclusions of fact and of law filed under the act of January 20, 1885, in the French spoliation claims set out in the annexed findings by the court relating to the vessel ship Glasgow, M. Alcorn, master. Respectfully. Hon. DAVID B. HENDERSON, JOHN RANDOLPH, Assistant Clerk Court of Claims. Speaker of the House of Representatives. [Court of Claims. French spoliations. Act of January 20, 1885; 23 Stat. L., 283. Ship Glasgow, M. Alcorn, master.] 1806. Horace E. Hayden, administrator de bonis non of the estate of David H. Conyngham, surviving partner of the firm of Conyngham, Nesbitt & Co., composed of himself and J. M. Nesbitt and James S. Ritchie, both deceased, v. The United States. 563. The Insurance Company of the State of Pennsylvania. 746. The President and Directors of the Insurance Company of North America. 5121. The City of Philadelphia, administrator de bonis non with the will annexed of Stephen Girard, deceased. 1806. C. D. Vasse, administrator of Ambrose Vasse, deceased. William D. Squires, administrator of Henry Pratt, surviving partner of Pratt & Kintzing. Craig D. Ritchie, administrator of Joseph Summerl, surviving partner of the firm of Summerl & Brown. Francis D. Pemberton, administrator of John Clifford, surviving partner of the firm of Thomas & John Clifford. CONCLUSIONS OF FACT. These cases were tried before the Court of Claims on the 19th day of March, 1888. The claimants were represented by Lawrence Lewis, jr., and J. Hubley Ashton, and the United States, defendants, by the Attorney-General, through his assistant in the Department of Justice, Benjamin Wilson, esq., with whom was Assistant AttorneyGeneral Robert A. Howard. The court, upon the evidence and after hearing the arguments and considering the same with the briefs of counsel on each side, determine the facts to be as follows: I. David H. Conyngham, John M. Nesbitt, and James S. Ritchie, copartners under the name of Conyngham, Nesbitt & Co., and one John Brown, citizens of the United States, in the year 1798 were the sole owners moities of the registered ship of the United States called the Glasgow, captain, Michael Alcorn, of 220 tons burden, the value whereof was $8,850. II. On the 13th day of April, 1798, said ship started on a commercial voyage from Philadelphia to Laguira, laden with a cargo of flour, dry goods, glass, wines, and provisions, the value whereof, all owned by said firm of Conyngham, Nesbitt & Co., was fully insured, and insurance paid as hereinafter stated. III. The freight of said vessel for the voyage was worth $5,500, and was the sole property of the said Conyngham, Nesbitt & Co. and John Brown in equal moities, two-thirds of which is $3,667. IV. There was also laden on said ship sausages, cordials, and dry goods, the value whereof was $1,648.86, the sole property of one Peter Castaing, a citizen of the United States. V. There were also laden upon the ship boxes of cheese and casks of hams, the value whereof was $961.21, and which were the sole property of Michael Alcorn and Thomas Woodward. VI. The president and directors of the Insurance Company of North America, a corporation incorporated by the State of Pennsylvania, on April 9, 1798, insured the firm of Conyngham, Nesbitt & Co. and said John Brown in the sum of $8,000 upon the ship on said voyage. Also on the same day said company insured the firm of Conyngham, Nesbitt & Co. in the sum of $14,000, and said Peter Castaing in the sum of $1,600, and said Michael Alcorn and Thomas Woodward in the sum of $1,000 on the goods and merchandise, respectively, shipped by them on said vessel. VII. The Insurance Company of the State of Pennsylvania on the same day insured said Conyngham, Nesbitt & Co. in the sum of $19,500 upon the said goods and merchandise shipped by them upon said voyage. VIII. On the 1st of May, 1798, said John Brown effected a policy of insurance for the account and risk of himself and said Conyngham, Nesbitt & Co., in the office of Shoemaker & Berrett, of the city of Philadelphia, insurance brokers, to the amount of $2,700 upon the freight to be earned by the said ship on said voyage. The underwriters on said policy were as follows: Ambrose Vasse was a citizen of the United States, domiciled in the city of Philadelphia. He assigned his property under the United States bankrupt law on March 25, 1802, to Jacob Shoemaker, Andrew Pettit, and Cornelius Comegys, citizens of the United States, of whom Andrew Pettit was sole remaining assignee when he died in March, 1837. Letters of administration upon the estate of said Andrew Pettit have been granted to the claimant, Henry Pettit, a citizen of the United States. Pratt & Kintzing, a firm composed of Henry Pratt and Abraham Kintzing, both citizens of the United States, were domiciled in the city of Philadelphia. Abraham Kintzing died prior to December 23, 1805. Henry Pratt, the surviving partner, died in 1838, and the claimant, William D. Squires, is his administrator. Summerl & Brown, a firm composed of Joseph Summerl and Isaac Brown, citizens of the United States, were domiciled in the city of Philadelphia. Isaac Brown died in or about the year 1803. Joseph Summerl, the surviving partner, died in or about 1813. Letters of administration upon the estate of said Joseph Summerl have been granted to the claimant, Craig D. Ritchie, a citizen of the United States. Stephen Girard was a citizen of the United States, domiciled in the city of Philadelphia, where he died in 1831. Timothy Paxon, Thomas P. Cope, Joseph Roberts, William J. Duane, and John A. Barclay were appointed the executors of his will December 31, 1831, all of whom having since deceased, letters of administration have been duly granted to the city of Philadelphia, claimant as aforesaid. Thomas & John Clifford were partners and citizens of the United States, domiciled in the city of Philadelphia. Thomas Clifford died prior to May 13, 1814. John Clifford, surviving partner, died in 1821. Letters of administration have been granted to the claimant, Francis R. Pemberton, upon the estate of said John Clifford. . IX. Said firm of Conyngham, Nesbitt & Co. paid out on account of premiums of insurance upon said goods and merchandise as follows: To the president and directors of the Insurance Company of North To the Insurance Company of the State of Pennsylvania $1,400. 50 1,950. 50 X. While in the prosecution of the aforesaid voyage on the high seas, on or about the 29th of April, 1798, said vessel was forcibly seized and captured by the French privateer Le Midi, whereof one Bideau was captain, and carried as a prize to the island of St. Martins, a place within the territory and jurisdiction of the Republic of Batavia. Afterwards, on the 17th of May, 1798, by virtue of a decree of the commercial tribunal established by the French Government in the island of Guadeloupe, sitting at Basseterre, said vessel and the entire cargo were condemned and confiscated, to the total loss of the owners of the vessel, freight, and goods and merchandise aforesaid, for these causes thus stated in this decree: "Considering that there exists among the papers an invoice not signed by the owners of 14 cases of glassware, which were included in the clearance at the customhouse following the line containing 6 cases of cordials, written with another pen than that of the body of the clearance; that following the last article there are reported in interlineation and above the date, 200 boxes of cheese; that these articles are not comprehended in the invoice of the cargo, neither a bill of lading marked SB, which announce fraud. "Considering that the rôle of equipage (or crew) is without signature of a marine officer, and that finally for a determinate basis of said judgment the captain and his mate are called in the rôle d'equipage Irishmen by birth; that in his interrogatories the mate hath agreed thereto with respect to himself. "In applying the eleventh article of the regulation of October 21, 1744, thus concluded no regard shall be had to passports granted by neutral persons or allies as well to owners as to masters of vessels subjects of enemies' states if they have not been neutralized, etc.,' and Article XXV, of the treaty of friendship and commerce of February 6, 1778, of which the tenor follows, and shall deliver a list signed and confirmed by witnesses, containing the names, surnames, places of birth, and residence of the persons composing the crew of his ship and of all those who shall embark therein, who he shall not receive on board without the knowledge and permission of the marine officers."" XI. The Philadelphia custom-house book containing copies of registers of vessel at the period when this vessel sailed, is lost, but in the custom-house are found the following documents upon which a register is presumed to have been issued: I, John Brown, of Philadelphia, in the county of Philadelphia, and State of Pennsylvania, do swear according to the best of my knowledge and belief that the ship called the Glasgow, of Philadelphia, is of the burden of 220 tons, and was built at Philadelphia in the State of Pennsylvania in the year 1792; that I am a citizen of the United States; that my present usual place of abode or residence is Philadelphia, in the county of Philadelphia, and State of Pennsylvania, and that I, the said John Brown, together with John M. Nesbitt, David H. Conyngham, and James S. Ritchie are the true and only owners of the said ship; that there is no subject or citizen of any foreign prince or state directly or indirectly, by way of trust, confidence, or otherwise interested therein, or in the profits or issues thereof. Sworn before me. JOHN BROWN. DAVID H. CONYNGHAM. C. C. BROWN, Deputy Collector. I, Michael Alcorn, the present master or commander of the above-named ship, do swear that I am a citizen of the United States, having been resided therein twentythree years and having taken the oath of allegiance. Sworn before me April 5, 1798. MICH'L ALCORN. C. C. B. XII. (1) Immediately on receiving intelligence of said capture, condemnation, and loss, said Conyngham, Nesbitt & Co. and John Brown abandoned to the president and directors of the Insurance Company of North America so much of the vessel as was insured by said company, whereupon said company paid to said Conygnham, Nesbitt & Co. and John Brown the sum of $7,840 in full as and for a total loss of said vessel. (2) They also abandoned to said underwriters in the office of Shoemaker & Berrett so much of the frieght of said vessel as was insured by said underwriters, whereupon said underwriters paid to them the sum of 98 per cent upon their said several respective subscriptions in full as and for a total loss. (3) They also, by two certain indentures dated July 30, 1798, did assign and cede to said president and directors of the Insurance Company of North America and said Insurance Company of the State of Pennsylvania so much of said vessel and of the goods and merchandise as were insured by said companies according and in proportion to their respective insurances, together with all right to recover compensation or indemnity for and on account of the capture, condemnation, and loss of the same. (4) Said, Conyngham, Nesbitt & Co., also abandoned to the president and directors of the Insurance Company of North America, and to the said insurance com pany of the State of Pennsylvania, so much of their said goods as was insured by said companies according and in proportion to their said several respective insurances, whereupon the said president and directors of the Insurance Company of North America paid to them the sum of $13,720, and the Insurance Company of the State of Pennsylvania the sum of $19,110, both of which payments were made in full as and for a total loss. (5) Said Peter Castaing also abandoned to the president and directors of the Insurance Company of North America the goods and merchandise insured for him as aforesaid, whereupon said company paid to him $1,568 in full as and for a total loss; and said Peter Castaing, by a deed dated December 10, 1798, assigned and ceded said goods and merchandise to said company, together with all right to recover all sums of money due by reason of the capture thereof. (6) Said Michael Alcorn and Thomas Woodward also abandoned to the president and directors of the Insurance Company of North America the goods and merchandise insured as aforesaid for them, whereupon said company paid to them the sum of $941.99, in full as and for a total loss; and they, by a deed dated December 10, 1798, assigned and ceded said goods and merchandise to said company, together with all right to recover all sums of money due by reason of the capture thereof. XIII. Said claims were not embraced in the convention between the United States and the Republic of France concluded on the 30th of April, 1803. They were not claims growing out of the acts of France allowed and paid in whole or in part under the provisions of the treaty between the United States and Spain concluded on the 22d of February, 1819, and were not allowed in whole or in part under the provisions of the treaty between the United States and France of the 4th of July, 1831. The claimants in their representative capacity are the owners of said claims, which have never been assigned except as aforesaid. CONCLUSION OF LAW. The court decides as conclusion of law that said seizure and condemnation were illegal and the owners and insurers had valid claims of indemnity therefor upon the French Government prior to the ratification of the convention between the United States and the French Republic concluded on the 30th day of September, 1800; that said claims were relinquished to France by the Government of the United States by said treaty in part consideration of the relinquishment of certain national claims of France against the United States, and that the claimants are entitled to the following sums from the United States: Horace E. Hayden, administrator de bonis non of the estate of David H. Conyngham, surviving partner of Conyngham, Nesbitt & Co., two thousand nine hundred and sixty-seven dollars and twenty-eight cents. $2,967.28 The Insurance Company of the State of Pennsylvania, nineteen thousand one hundred and ten dollars... The President and Directors of the Insurauce Company of North America, C. D. Vasse, administrator of Ambrose Vasse, seven hundred and eightyfour dollars.. William D. Squires, administrator of Henry Pratt, surviving partner of the firm of Pratt & Kintzing, seven hundred and eighty-four dollars... 19, 110.00 24, 069.90 294.00 784.00 784.00 Craig D. Ritchie, administrator of Joseph Summerl, surviving partner of the firm of Summerl & Brown, four hundred and ninety dollars.... Francis D. Pemberton, administrator of John Clifford, surviving partner of the firm of Thomas & John Clifford, two hundred and ninety-four dollars.. $490.00 294.00 BY THE COURT. Filed November 30, 1891, and amended by order of court April 8, 1901. [SEAL.] JOHN RANDOLPH, Assistant Clerk Court of Claims O |