Duke University Lioranes. 
 
 Official corres 
 Conf Pam l2mo #317 
 
OFFICIAL CORRESPONDENCE, 
 RELATING TO TOE OWNERSHIP 
 
 OF THE 
 
 STEAMEK GIRAFFE. 
 
 EiCHMOND, Va., Feb. 2G, 1863. 
 To His Excellency the President : 
 
 Sir : I claim justice at your hands with a confidence unshaken by 
 the fact that it has been denied me elscwliere. 
 
 In August, 1862, I made a contract with the Secretaries of War 
 and the Treasury, by which I undertook to go to Great Britain and to 
 assist in an enterprise, suggested by me, to buy and freight the fast 
 steamer '' Giraffe," and bring her into a Confederate port on Govern- 
 ment account. 
 
 By the terms of the contract I was to have, as the only compensa- 
 tion for my services, the right to take the vessel at cost upon her arri- 
 val in a Corvfederate port. That such was the contract, distinctly 
 appears from the letter of the then Secretary of War, to Lt. John 
 Wilkinson, C. S. Navy, dated August 12, 186;^. See copy herewith 
 presented, marked (No. 1). The origin and object of the enterprise 
 and the character of my connection with it, are shown by a letter of 
 G%n. Randolph to me, dated Feb. 20, 1863, — see copy (No. 2,) — and 
 by a letter of Secretary Memminger to me, dated Feb. -21, 1863, — see 
 copy (1^0. 3). 
 
 In compliance with this contract I went to Great Britain with Lt. 
 Wilkinson, and rendered such assistance as I could in the purchase of 
 
the ".GiraBfe" — made purchases for the Treasury Department^ amount- 
 ing to about £10,000, and continued, in all respects, to the best of my 
 ability, to forward an enterprise which resulted in the safe arrival of 
 
 the "Griraffe" on the day of December, 1862, in the port of 
 
 "Wilmington, N. C, with a cargo for the Government of which it would 
 be difficult to over-estimate the value. The estimate placed upon my 
 services, by the Secretary of the Treasury, appears from his letter al- 
 ready referred to. That I rendered assistance, advice and information, 
 in the purchase of the "Giraffe," is shown by the letter of Lt. Wilkin- 
 son to me, dated Feb. 24, 1863, — see copy (No. 4). The .expenses of 
 my trip to Great Britain, going, remaining and returning, were defrayed 
 out of my own means. 
 
 Upon the arrival of the " Giraffe " in a Confederate port, I claimed 
 the right at once to take her at cost, according to the contract; but, 
 without expressly admitting or denying my right, an appeal was made 
 to me to consent that she might be used for another voyage, which was 
 represented to be of great public importance. I could not but regard 
 this as a very injurious departure from the contract, but I was con- 
 strained to consent, and did consent, on terms of being allowed to bring 
 in, on the return of the vessel, a limited amount of freight, to be ac- 
 counted for in any future settlement of my claim to the purchase and 
 use of the vessel. 
 
 My claim of the right, under the contract, to take the vessel at cost, 
 was, from the beginning, met by suggestions of doubt as to the obliga- 
 tion of the contract, and by questions as to the mode and the amount 
 of payment to be made, by me, under it. These doubts and questions 
 were constantly presented, in close and singular alternation with inti- 
 mations of a government necessity, which might probably compel the 
 seizure of the vessel for permanent public uses. Under^. these circum- 
 stan'ces. Col. Blanton Duncan, who is interested with me in this matter, 
 submitted to the Secretary of War, on the 12th of January, 1863, a 
 written proposal for the employment of the " Giraffe " in the service 
 of the Government — see copy (No. 5). No reply having been made 
 to this offer, it was withdrawn by letter dated Feb. 17, 1863, — see cdfpy 
 (No. 6). 
 
 The " Giraffe " started on her second voyage on the 20th of January, 
 1863. I went on her and returned with her to Wilmington, on the 
 day of February, 1863. I came at once to Richmond, and upon 
 
my arrival learned that the Secretary of ^Ya.v had submitted, for the 
 opinion of the Attorney General, a number of questions as to the con- 
 tract under which I claim the " Giraffe." I have not seen the case* 
 made by the Secretary, except so far as it is disclosed in the opinion of 
 the Attorney General, dated February 17, 1863, — see copy (No. 7). 
 
 That opinion is the deliberate judgment of the Law adviser of the 
 Government upon facts and statements, derived wholly from the Sec- 
 retary of War, and when I learned the character of the opinion, I took 
 ii for granted that no farther obstacle would be presented to the prompt 
 delivery of the vessel, upon the terms indicated by the Atterney Gen- 
 eral. I was, therefore, greatly surprised to learn from the Secretary of 
 War, in a personal interview, that he did not intend to be guided by 
 the opinion of the Attorney General, but would, as*he said, do as he 
 pleased in the matter, and especially, that he was determined, at all 
 events, to have the use of the " Giraffe." I 6onfess to having become 
 greatly excited at these declarations, and we parted in no amiable tem- 
 per. 
 
 Soon after leaving him I sent him a note, dated Feb. 23, 1863, but 
 before receiving any Hsply I sent him another, of the same date — see 
 copies (No. 8) and (No. 9). To these notes I received replies from 
 the Assistant Secretary of War, dated Feb. 23 and 24, 1863, — see 
 dopies (No. 10) and (No. 11). 
 
 Upon receiving the first letter from the Assistant Secretary, I dis- 
 covered, as I supposed, a marked change in the purposes of the Depart- 
 ment. I could not suppose that if the Secretary still intended, at all 
 events, to retain the '' Giraffe," he would deem it proper or becoming to 
 call upon me to come forward, wihin forty-eight hours, to make an 
 actual tender of money amounting to near half a million of dollars, and 
 I could see no motive he could have to ask me to comply, on my part, 
 with a contract which he did not admit to be binding upon the Govern- 
 ment. I therefore addressed to the Assistant Secretary a letter, dated 
 February 24, 1863, — see copy (No. 12,) — and sent with it the -certifi- 
 cates of deposit, therein mentioned, amounting to half a million of dol- 
 lars. The Assistant Secretary waived the necessity of producing the 
 Treasury notes — asked an opportunity to confer with the Secretary, 
 and uequested that, in the mean time, the certificates might be with- 
 held. 
 
 On the next morning I received, through the Post Office, a letter 
 
addressed by the Assistant Secretary of War to the Hon. J. P. Bald- 
 win, who, at my request, had been the bearer of my letter with the 
 •tender of the certificates. This letter is dated Feb. 24, 1863, — see 
 copy (No. 13). 
 
 I have thus given what I believe to be a true and correct account of 
 this transaction, and upon these facts I respectfully ask your attention 
 to the following points, suggested by the final letter of the Assistant 
 Secretary : 
 
 1. As to ^^ the circumstances attending the purchase of the Giraife^ 
 and the obligations of the Grovernment under that, purchase." 
 
 . When, from the 9th to the 17th of the present month, the Attorney. 
 G-eneral was, at the instance of the Secretary of War, engaged in the 
 consideration of these very obligations, it must be presumed that he 
 was furnished by the Secretary with every fact within his knowledge 
 calculated to afi'ect the questions submitted. In view of the vhole 
 transaction, as then presented, the Attorney General used the follow- 
 ing emphatic language : 
 
 " According to these rules, under the facts stated, I do not doubt 
 that the Government was bound to deliver the vei^el purchased to Maj. 
 Ficklin, oil her arrival in a Confederate port, on his paying the cost of 
 such vessel to the Government." 
 
 If, since that opinion was given, any new facts have come to the 
 knowledge of the Secretary of War, tending to affect, adversely, my 
 claim to tbe " Giraffe," I submit, very respectfully, that I was entitled 
 to notice and fair opportunity to meet such new matter, before it could 
 properly be acted upon to my prejudice. 
 
 2. As to "the matter contained in my paper of 24th of February, 
 1863." 
 
 That paper, hereinbefore referred to as No. 12, was a mere formal 
 tender, on my part, to perform the contract according to the opinion of 
 the Attorney General. No intimation had been given — none has yet 
 been given — as to the construction placed upon the contract by the 
 War Department. No account had been rendered to show how much 
 I was' expected to pay, or in what form the payment was to be made. 
 I was yet called upon to tender performance at, my own risk, and when 
 I adopted the opinion of the Attorney General as the basis of my offer, 
 the offer was simply rejected without any suggestion of a different con- 
 struction. This, I must be allowed to say, looks Hke there was a fore- 
 
gone conclusion to reject any tender of performance on my part, and 
 that I was put through a solemn fiirce when I was required to produce 
 half a million of dollars, at the office of the Assistant Secretary of War, 
 within forty-eight hours. 
 
 8. As to " the apparently reserved claim, for the use of the vessel, 
 since olst Dec. last." 
 
 This claim was one of the subjects referred to the Attorney General, 
 as appears from his opinion. He suggested that ^^ those who are more 
 acquainted with ships and the value of their use would be better able 
 to determine " how much should be allowed me, than the Attorney 
 General. Acting upon this suggestion, T proposed not to reserve the 
 claim, but to submit it to the decision -of " competent shippers on equi- 
 table terms." Tiie amount of any compensation ascertained to be due 
 me, would have constituted a set off against the price of the vessel, but 
 I preferred and proposed to settle each matter separately. 
 
 4. As to " the peremptory demand for present unconditional delive- 
 ry " of the vessel. ♦ 
 
 Accompanying every offer of payment for the vessel there was, of 
 course, a demand of concurrent transfer and delivery. I do not pro- 
 pose to justify the tone of notes written under the excitement occasion- 
 .ed by an earnest belief that I had been wronged, but I claim that the 
 right to demand the delivery, concurrent -^th the payment, is clear 
 beyond controversy, and is in fact the only proper manner of conduct- 
 ing such a transaction. 
 
 5. As to '' the various propositions of Mr. Duncan, with respect to 
 the future employment of the vessel, and the withdrawal of all those." 
 
 The only written proposition made by Mr. Duncan, is that already 
 referred to as No. 5. That proposition remained, subject to acceptance 
 by the Secretary of "War, for a month and five days, without the least 
 notice having been taken of it. That it should have been at last .with- 
 drawn, was certainly no* ground of complaint or surprise. It is very 
 probable that Mr. Duncan may have made, orally, a number of other 
 propositions, but they were all disposed of when made, and no with- 
 drawal of them was necessary. It is a singular fact, connected with 
 this transaction, that though my contract for the " Giraffe " has not been 
 denied, and though the performance of that contract, on my part, has 
 not been controverted, the Government has not offered performance of 
 the contract on any terms, or indicated any form in which performance 
 
6 
 
 on my part would be accepted. And although various suggestions and 
 propositions have been made, on my part, for the employment of the 
 vessel in the service of the Government, there has not been, at any 
 time, a suggestion from the War Department, of any terms other than 
 a denial of my right, or the forcible seizure of my property. 
 
 It seems never to have occurred to the War Department, that an es- 
 sential element in a fair contract, is that there shall be ^' two to the 
 bargain,'^ and that each party must be free to contract. I submit that 
 the agreement to " let me have the vessel," was a pledge on the part 
 of the Government, that I should be placed in the position and have 
 the substantial privileges of real owner. 
 
 6. As to '^ the necessities of the Confederate States, in regard to the 
 present employment of the vessel." f^ 
 
 I have already stated that no effort has been made by the Govern- 
 ment to obtain, by contract, the present use of the vessel. It is true 
 that, in reply to the remarks of the Secretary of War, that he was de- 
 termined to have the use of the vessel, I declared that he should not 
 have it if I could help it. But I deem it to be just to myself to say 
 that there has been no tilne, and I hope there never will be, when, if 
 fairly approached for a contract upon equal terms, I would not have 
 felt bound to give to the Government the preference over all others — 
 except my native State — bj^th as to the time and the terms of an agree- 
 ment, for any property I possess. 
 
 I claim the right, hov/ever, to deny and to disallow the plea that the 
 necessities of the Government, for the present use of my property, even 
 tend to justify the failure or refusal to acknowledge my just rights as 
 owner. If the property is justly mine, I have a right to have my claim 
 fully recognized, and my title fully established. If then the Govern- 
 ment wishes the use of the property, it can plead no necessity for vio- 
 lent seizure until it shall at least have made fair trial of just negotiation. 
 It would, I sub&it, be unworthy of a great" Government, to subject 
 itself to the imputation of driving one bargain, by withholding'the 
 performance of another. 
 
 7. I ask special attention to the fact, that by the action of the War 
 Department, I am not^only deprived of valuable property which I have 
 fairly earned, but I am left without compensation for my services, or 
 reimbursement for my expenditures. No proposition or suggestion has 
 been made to give me indemnity or compensation in any form. 
 
I am, Sir, a single citizen, demanding, I trust with becoming respect, 
 what I verily believe are my just rights. You are the Representative 
 of the Government, upon the success of which depends all that I value. 
 I have no desire to make any unjust demand, or to expect any unrea- 
 sonable profit, in any transaction with the Government, hut I look to 
 you to see that the power of the Government is not employed in viola- 
 tion of my rights as a citizen. ff^ 
 
 I ask for my cause a patient e!tamination. I am sure you will give 
 fair judgment without respect of persons. 
 
 Respectfully, your obedient servant, 
 
 13. F. FIGKLIN. 
 
 No. 1. 
 
 Confederate States of America, 
 War Department, 
 Richmond, Va., Aug. 12th, 1862. 
 Lt. John Wilkinson, C. S. Navy : 
 
 Sir : It has been determined by the Secretaries of the Treasury and 
 of War, to purchase, in Great Britain, a small steamer for the purpose 
 of bringing in a cargo; and, at their request, you have been detailed 
 by the Secretary of the Navy, to make the purchase and bring the 
 vessel in. 
 
 Mr. Benjamin Ficklin, who will accompany you, has had his atten- 
 tion called to a vessel of five hundred tons, said to be suitable for our 
 purposes, and, in consideration of his assistance in the enterprise, we 
 have agreed to let him have the steamer at cost, upon her arrival in a 
 Confederate port. 
 
 The cost of the steamer is expected to be thirty thousand pounds, 
 and, possibly, it may require five thousand pounds to bring her over. 
 
 You will, therefore, be furnished with thirty-five thousand pounds 
 sterling, in exchange, l^ou must consult your own judgment about the 
 port into which you will bring the steamer. 
 
 The Treasury Department will give you instructrons about the por- 
 tion of the cargo allotted to that Department, and the Quartermaster 
 General, the Chief of Ordnance and the Surgeon General, will give 
 you orders for what they wish. 
 
8 
 
 It is expected that the steamer will have capacity for at least two 
 hundred tons of cargo, of which about fifty will be allotted to the Trea- 
 sury, and the rest to the "War Department. 
 
 The funds, to make purchases, will be supplied to you in exchange 
 on England, and as soon as you receive the money and the instructions 
 for making purchases, you will proceed to your destination without de- 
 lay. ^. 
 
 Time is important, but your first ^object will be the safety of the 
 vessel and cargo. 
 
 Very respectfully, 
 
 GEO. W. RANDOLPH, 
 
 Secretary of War. 
 
 No. 2. 
 
 Richmond, Feb. 25th, 1863. 
 Maj. Benj. F. Ficklin, Richmond : 
 
 Sir : I have received your note, requesting me to give, ^' in writing, 
 my recollection of the circumstances attending the contract made by 
 you with me, as Secretary of War, on the 12th day of August, 1862, 
 in relation to the purchase of the steamer Girafie." 
 
 The Secretary of the Treasury called oh me, in company with your- 
 self, and stated that his Department was very much in want of certain 
 articles, and that he wished to send you to England to purchase them. 
 That you knew a steamer, in England, well suited for running the 
 blockade, but that he had no authority to buy steamers, and had called 
 for the purpose of requesting me to make the purchase, and that I 
 would give him space for fifty tons of freight, reserving the rest for my 
 Department. lie said, also, that you were to take the steamer at cost, 
 on her arrival in a Confederate port. 
 
 I assented to the proposition, if the Secretary of the Navy could 
 detail a naval officer to purchase and bring in the steamer, but remark- 
 ed that on her amval she would probably be worth more than cost. 
 You replied that the privilege of purchasing her at cost was intended 
 as compensation for your servi-ces, and I made no further objection, 
 supposing thirt the Secretary of the Treasury understood better than I 
 
9 
 
 did the character of the services to be rendered to his Department, 
 and could better estimate the compensation to be made. 
 
 I was desirous of facilitating his operations and of availing myself 
 of what seemed a good opportunity to import speedily such things as 
 were most needed for the army, and I did not wish to retain the steam- 
 er, for I was of opinion that Government vessels, employed in running 
 .the blockade, should belong to the Navy, th.e War Department having 
 under its control no person- fitted for such service, and no means of 
 equipping and repairing steamships. I had, accordingly, not long be- 
 fore, sold the only steamship owned by the War Department. 
 
 You will find a statement of the contract with you, in a letter of in- 
 structions to Lt. John Wilkinson, of the Navy, who was detailed to 
 command the steamer, and reported to me for instructions. 
 Respectfully, your obedient servant, 
 
 'GEO. W. RANDOLPH. 
 
 No. 3. 
 
 Treasury Office, Feb. 21, 1863. 
 Maj. B. F. Ficklin : 
 
 Sir : In reply to the enquiries made in your note I have to say, that 
 the plan of purchasing a vessel to bring out certain supplies for the 
 War and Treasury Departments, was suggested by you. Y"ou informed 
 me that you knew of a swift vessel that could be purchased in England 
 or Scotland, I do not remember which ; that you would go out and make 
 the purchases required by the Treasury'Department, and load the ves- 
 sel with those articles and munitions and supplies desired by the War 
 Department ; that your compensation should be in the form of an un. 
 dertaking to let you have the vessel at cost, whenever sl^ should safely 
 deliver her cargo at a Confederate port; and, to secure the interest of 
 the Government, the vessel was to be purchased and put under the 
 command of an officer of the Navy. 
 
 ^ I called with you on the Secretary of War, conferred with him upon 
 the contract and agreed with him as to its expediency, if he thought 
 the urgency of his own wants justified his purchase of the vessel. 
 This justification he thought existed. 
 2 
 
10 
 
 As to the execution of the orders of this Department, it has been 
 well done, and the articles purchased are of great value and import- 
 ance. Without these purchases the printing of Treasury Notes would 
 have been most seriously embarrassed, if not brought to a stand. 
 Kespectfully, yotir obedient servant, 
 
 C. a. MEMxMINGER, 
 Secretary of Treasury. 
 
 No. 4. 
 
 Richmond, Va., Feb. 24th, 1863. 
 Sir : In reply to your request that I would state to you, in writing, 
 whether you rendered me "assistance in the purchase of the " Giraffe," 
 and the character of that assistance, I have to reply, that all informa- 
 tion with regard to the vessel, was derived from you, and that I was 
 indebted to you for advice and assistance in the negotiation for pur- 
 chase. 
 
 Respectfully, &c., ^ 
 
 J. WILKINSON, C. S. N. 
 B. F. FiCKLTN, Esq., Richmond. 
 
 No. 5. 
 
 Columbia, January 12, 1863. 
 Hon. James A. Seddon, 
 
 Secretary of War : 
 
 Sir ; As it may be desirable for you to understand exactly the posi- 
 tion which it has always been my purpose to assume, in the manage- 
 ment of the Giraffe, I make you a statement, which you may consider 
 in the light of a proposition, and may suggest such alterations as ma^ 
 be deeftied expedient to you. 
 
 It has always been my plan and intention, that the vessel should be 
 used for the benefit of the Government, and to transport the freight of 
 
11 
 
 tlie "War Department into Confederate ports, at the usual price paid to 
 other vessels for doing the same. The cargoes out to be cotton, fur- 
 nished by the War Department at the port, and the net sales, exclu- 
 ding any freights to the Giraffe, to be equally divided between the 
 Department and myself, thus enabling you to procure your sterling on 
 England at 30 per cent, below par, instead of at 200 premium. I 
 wished the War Department to have the exclusive benefit of this ar- 
 rangement, so as to have but one person to control 'the matter. With 
 authority from the War Department, I should have the cotton always 
 ready at the port, sq that no delay would occur, and she could be load- 
 ed and sent to sea immediately. Major Fickliu would attend to the 
 shipment at Nassau and Bermuda, of the cotton in British bottoms, to 
 be forwarded to'Liverpool. Your Department could always have the 
 refusal of 300 tons' of freight into.tlie Confederacy, and if we should 
 be successful, our profits would be invested in other steamers, suitable 
 for the same purpose, and placed at 3^our disposition. 
 
 Al the Government would thus be constantly interested in the Gi- 
 raffe, to a large amount, I should ask that a Naval officer, Lieut. John 
 Wilkinson, might be retained in charge of the vessel, to supervise and 
 control everything connected with the management thereof. The cost 
 of running the vessel would be paid entirely by me. Whenever your 
 Department did not have freight ready for shipment, or did not desire 
 to send such an amount, I should always have notice thereof immedi- 
 ately upon arrival at port, so as to put on freight of my own. This 
 arrangement cannot fail to be advantageous, in my judgment, *as the 
 total cost each trip, of the cargo of cotton, will not exceed $80,000, and 
 will only be about one fourth of the risk which we shall assume upon 
 the vessel. At the present prices, in England, your half should pro- 
 duce yoil upwards of £20,000. I would like to hear from you at your 
 earliest convenience any suggestions or modifications, which would per- 
 haps be acceptable to me. Individually I had purchased cotton, with 
 which to freight the Giraffe on her present trip. 
 
 Very respectfully, 
 
 ' BLANTON DUNCAN. 
 
12 
 
 No. 6. 
 
 Richmond, February 17th, 1863. 
 Hon. J. A. Seddon, 
 
 Secretar}/ of War : 
 Sir: My letter, proposing to you terms for shipping on the Giraffe, 
 having been so long unanswered, I have concluded to withdraw the 
 proposition therein contained. 
 
 It is my wish to disembarrass the pending adjustment of everything 
 not necessarily pertaining to it. 
 
 With respect, &c., 
 
 BLANTON DUNCAN, 
 
 By GARNETT DUNCAN. 
 
 No.- 7. 
 
 Confederate States of America, . 
 Department of Justice, 
 KtcoMOND, Feb. 17th, 1863. 
 Hon. Jas. A. Seddon : 
 
 Sir : I have the honor to make the following reply to your letter of 
 the 9th inst., received by me on the 13th instant : 
 
 The law which created the Department of Justice, authorizes and 
 requires the Attorney General to give '^ his advice and opinions on 
 questions of law,'' when requested by any of the heads of Departments. 
 It would be improper for the Attorney General to extend, by construc- 
 tion, the power and'influence of his office, beyond the scope of the law 
 defining his duties. He has no power given to decide questions of fact. 
 I make these remarks to show, that so far as the questions in your let- 
 ter of the 9th inst., involve the ascertainment of facts from conflicting 
 statements, or the ascertainment of a fact outside of the papers sub- 
 mitted, I cannot legally and officially '^■espond to it. My opinion must 
 be based on the facts submitted, and confined to the questions of law, 
 growing out of these facts. 
 
 The questions propounded by you to me, are as follows : 
 
 " 1st. As to whether this Department became bound ou the arrival 
 
13 
 
 of the ship, the Giraffe, in a port of the Confederacy, to deliver her 
 over to Major Ficklin, as proprietor, on his paying her cost. 
 
 " 2d. If you consider the Department so bound, how the payment 
 should be made, by Major Ficklin ; whether in sterling, with interest 
 from date of payment by the Confederate Government, or in what 
 equivalent at the Confederate port. 
 
 ''3d. Whether any liability or equitable claim, such as this Depart- 
 ment or Government ought to respect and provide for, exists from this 
 transaction in favor of the English vender of the ship; and whether, in 
 case the ship be delivered* to Maj. Ficklin, any, and if any, what in- 
 demnity or provision against such claim or liability should be exacted 
 from Maj. Ficklin, before its delivery to him." ^ • 
 
 " In the contingency of a decision, by you, that the ship should have 
 been delivered to Maj. Ficklin on her arrival in a Confederate Port; 
 then, as the ship was, with his acquiescence, and on the understanding, 
 that, on her return voyage from Nassau, to which she was sent by this 
 Department, he should be entitled to freight her to an extent not ex- 
 ceeding twenty tons, I request your opinion as to whether any, and if 
 any, what compensation should be equitably allowed him, as compensa- 
 tion for her use by the Department in the voyage, and how, if allowed, 
 it should be ascertained in money, to be deducted from the amount to 
 be paid by him for the cost of the ship.'' 
 
 It appears, from the papers submitted to me, that there was a con- 
 tract between the War Department and Maj. Ficklin ; the terms of that 
 contract are stated in a letter of Hon. Geo. W. Eandolph, Secretary 
 of War, of the 12th of August, 1862, to Lt. John Wilkinson, and are 
 as follows: " Mr. Benj. Ficklin, who will accompany you, has had his 
 attention called to a vessel of five hundred tons, said to be suitable for 
 our purposes, and in consideration of his assistance in the enterprise, 
 we have agreed to let him have the steamer, at cost, upon her arrival 
 in a Confederate port." 
 
 It appears, from the evidence before me, that Maj. Ficklin rendered 
 the service ('' assistance in the enterprise") required of him, and it 
 appears that he offered to pay the cost of the vessel, on her arrival in a 
 Confederate port. These facts show, that as between man and man, 
 there was a contract, and the terms of it were complied with by Maj. 
 Ficklin, as far as he was permitted to do. In determining whether the 
 Government of the Confederate States is bound by the terms of an 
 
14 
 
 agreement, I adopt the same rules wliicli would govern individuals in 
 their transactions. According to these rules, under the facts stated, 
 I do not doubt that the Grovernment was bound to deliver the vessel 
 purchased to Maj. Ficklin, on her arrival in a Confederate port, on his 
 paying the cost of such vessel to the Government. But, in ascertain- 
 ing what was or is to be the cost to the Governnfent, it is necessary to 
 determine the binding terms of the contract, in the purchase of the 
 vessel from the English owner. I am left to deduce the terms of this 
 contract from the following papers, signed 'by Alex. Collie & Co., and 
 the response thereto, by Lt. Wilkinson, endol-sed thereon : 
 
 " London, 16th Oct., 1862. We sell the Giraffe to the Government 
 oj? the Confederate States, at purchase price, they repaying the expen- 
 ses incurred for surveying, &c. • also, the purchasing commission of 2i 
 per cent., cash on the delivery of the boat. And the Government, as 
 a recompense to us — taking into consideration that the " Giraffe " is 
 the best and most suitable boat in England, for the purpose we intend- 
 ed her, and was certain to have realized, on the first voyage, more than 
 her cost — will further deliver to us, at the termination of the present 
 war, one thousand bales of cotton (good middling) at any port of the 
 Confederate States, packed and in good order. But as we are most de- 
 sirous to serve the Government, in any way, we leave this last consid- 
 eration to the liberality of the Government, and shall not insist en 
 this being a part of the bargain. We ought to mention that the cargo 
 for the Giraffe has been contracted for, and that we will be put to con- 
 siderable inconvenience, as well as loss, in thu^ parting with her." 
 Upon this paper is endorsed, by J. Wilkinson, C. S. N., the following : 
 " Having no authority from the Confederate States Government to 
 pledge any cotton on their part, I will lay before them the clause rela- 
 tive to cotton, it being no part of the bargain." A letter of Mr. Alex. 
 Collie, written to Lt. Wilkinson, on the 13th of Nov., 1862, is among 
 the papers submitted to me. In this letter, Mr. Collie, after express- 
 ing his many kind feelings and sympathies for the people of the Con- 
 federate States, and his kind wishes for their success, says : "I would 
 not wish to make money out of your Government in the hour of its 
 greatest need, and the only condition I wished to attach to the bargain, 
 was, that if the " Giraffe " did the good service which we all anticipate, 
 it should be left to the liberality of your Government to give me one 
 thousand bales of good middling cotton, at the termination of hostili- 
 
15 
 
 ties." However much value we may place on the good wishes and 
 kind feelings of Mr. Collie, the appeal to the liberality of the Govern- 
 ment, for the cotton, is no part of the contract of purchase; and there 
 is no binding obligation, either legal or equitable, on the Government, 
 to make a gift to Messrs. Alex. Collie & Co., of a thousand bales of 
 cotton at the termination of the war. The value of the cotton does 
 not constitute any p^rt of the " cost " of the Giraffe to the Govern- 
 ment. 
 
 Maj. Ficklin, by the terms of agreement between him and the War 
 Department, was to have the vessel '^at cost upon her arrival in a Con- 
 federate port." The contract between Collie & Co., shows the ''cost" 
 to the Confederate States to have been, "the purchase price Collie & 
 Co. paid for the vessel, the expenses incurred for surveying, &c., and a 
 purchasing commission of 2^ per cent."^ What the amount of all this 
 was, I am not informed by the papers before me. But I suppose lut. 
 Wilkinson's report to the Government shows this. Whatever these 
 items amount to, Maj. Ficklin must pay. His contract bound him to 
 pay this amount, whatever it be, on the arrival of the vessel in a Con- 
 federate port. It appears, from the papers submitted to me, that he 
 offered to do this at the time and place stipulated. If he tendered the 
 amount, no interest would accrue. In any event the interest would 
 only accrue from the time the payment ought to have been made by 
 the laws of the contract, viz : from the time of the arrival of the ves- 
 sel in a Confederate port. 
 
 If I am right in the construction given to the binding terms of the 
 contract between Collie & Co. and the Confederate States, there is no 
 claim or liability against which Maj. Ficklin should be required to in- 
 demnify the Confederate States. If the thousand bales of cotton 
 should ever be given to Collie & Co., it can only arise from a generous 
 spirit of liberality, and not from the binding obligations of a contract. 
 
 How much should be allowed Maj . Ficklin for the use of the vessel 
 since she should have been delivered to him, is more a question of fact, 
 dependent on agreement, than a questipn of law. Those who are more 
 acquainted with ships and the value of their use, would be better able 
 to determine this than the Attorney General. I am not informed, by 
 the papers submitted to me, what agreement there was as to the pay- 
 ment for the use of the vessel, since her first arrival in a Confederate 
 
16 
 
 port. From the question put, it seems that there must have been some 
 agreement, as it is said in the question, that Maj. Ficklin was to 
 have the right to freight the vessel, on her return voyage, to an extent 
 not exceeding twenty tons. In the absence of any agreement, he ought 
 to be allowed a fair value to the extent of the use by the Government. 
 What that fair value is, I have no right or means of determining. 
 
 In the absence of any agreement as to the mo(ie of payment for the 
 vessel, the presumption would be, that the ^^ cost " of the vessel must 
 be paid in gold or silver, or in treasury notes, as by law they are re- 
 ceivable in payment of all dues to the Government, except export 
 duties. 
 
 As it appears, from the evidence submitted to me, that the Govern- 
 ment paid for the vessel in sterling exchange; if Maj. Ficklin pays in 
 gold and silver the amount n§,cessary to get the sterling exchange at 
 thcitime of the arrival of the vessel in a Confederate port, was the 
 amount he was bound to pay; if he pays in Treasury notes, an amount 
 of these sufficient, at the time of the arrival of the vessel in the Con- 
 federate port, to get the amount of sterling exchange paid by the Gov- 
 ernment for the vessel, was the amount he was bound to pay. It ap- 
 pears to me that this is the only legal and equitable mode for the Gov- 
 ernment to get the "cosf of the vessel. 
 I have the honor to be. 
 
 Very respectfully, your obedient servant, 
 
 T. H. WATTS, Attorney General. 
 
 No. 8. 
 
 Richmond, Va., Feb. 23, 1863. 
 Hon. James A. Seddon : 
 
 Sir : We desire a categorical reply to certain enquiries in regard to 
 the steamer ^' Giraffe," and request an immediate reply. 
 
 The Attorney General has decided the title of the vessel to be in B. 
 F. Ficklin, on the 31st of December, and that it. has been withheld 
 without the consent of the owner^— that we are to pay the value 
 
17 
 
 of the vessel, .on the 31st December, in Confederate money ^ less 
 a proper compensation for the use thereof. We therefore ask that 
 you will designate what person we shall pay the amount to, we ask 
 that you will designate what that amount is, and we ask that you will 
 gi\fe the proper orders, at once, for the delivery of the vessel. 
 
 Very respectfully, 
 
 B. F. FICKLIN. 
 
 No. 0. 
 
 . . Richmond, Feb. 23, 1863. 
 Hon. James A. Sedd^n, 
 
 Secretary of "War : 
 Sir : Having received no satisfaction in the enquiries made by you 
 personally, I now ask, again, that the Giraflfe shall be turned over to 
 me upon payment of the cost price. I am ready and prepared to pay 
 for her. I ask that her price shall be designated, as you have the 
 opinion of the Attorney General upon the questions submitted, and 
 that you shall at once designate the person to whom that payment shall 
 be made. I wish the response to be made to this letter, and to waive 
 any response to the letter, written this morning in a great hurry. 
 
 Very respectfully, 
 
 B. F. FICKLIN. 
 
 I handed to you certain papers to be laid before the Attorney Gen- 
 eral, to wit : a copy of the requisition for $350,000, dated I4th Aug., 
 and a copy of the endorsement upon it, in the Treasury Department ; 
 also, a copy of memorandum of Alex. Collie & Co., dated 16th Oct., 
 1862, with certain endorsements of Capt. J. N. Wilkinson thereon ; 
 also, copy of instructions to Capt. Wilkinson, of 12th August, 1862. 
 You will please return these papers of mine to me. 
 
 Respectfully, 
 
 B. F. F. 
 3 
 
18 
 
 No. 10. 
 
 Confederate States of America, 
 War Department, • 
 Richmond, Va., Feb. 23, 1863. 
 B. F. Ficklin, Esq., Richmond, Va: 
 
 Sir : Your letter, of this date, has been received by the Secretary 
 of War. He declines to carry on a correspondence which «jommences 
 in the ton^ assumed in this letter, but directs me to reply that I am 
 authorized to receive from you any offer, in writing, accompanied with 
 any tender of money or securities that you may be advised it is proper 
 for you to make, as your part of the duty to be performed, to entitle 
 you to a transfer of the steam vessd " Giraffe." 
 
 I will receive your written communicatiofi, with the offer of the 
 money or securities, at my office, in the War Department, during office 
 hours, on to-morrow or Wednesday, as you may select. 
 
 As I desire to report the entire close of this negotiation, it is hoped 
 that you will come prepared to do, at this time, all that you feel called 
 upon to do under the contract, according to which you suppose your- 
 self entitled to claim the delivery of the vessel, as contained in your 
 letter. 
 
 Very respectfully, 
 
 J. A. CAMPBELL, 
 
 Assistant Secretary/ of War. 
 
 No. 11. 
 
 Confederate States of America, 
 War Department, 
 Richmond, Va., Feb. 24, 1863. 
 Sir : Your second letter, of yesterday's date, was received. Your 
 first letter, of yesterday's date, was replied to, by the direction of the 
 Secretary of War, and is confirmed. 
 
19 
 
 I shall expect to receive from you, to-day or to-morrow, a personal 
 offer of whatever money or securities, and whatever else you may con- 
 sider it proper to do, under your supposed contract for the purchase of 
 the G-iraffe, accompanied with a written explanation of what you may 
 have to say or do, so that there may be no error or misconception; that 
 being done, this DepartSient will do whatever it considers to be right 
 and proper under the conditions that may be presented. 
 
 The papers you refer to, as having been submitted to the Attorney 
 'General, have become official papers of the Department, but certified 
 copies will be prepared for you. 
 
 Your obedient servant, 
 
 J. A. CAMPBELL, 
 
 Assistant Secretary of War. 
 B. F. FiCKLiN, Esq., Richmond, Va. 
 
 No. 12. 
 
 Richmond, Va., February 24, 1863. 
 Hon. J. A. Campbell, 
 
 Assistant Secretary of War : 
 Sir : Yotlrs of 23d inst. is duly received, and in reply I have to 
 say: 
 
 l'. That the contract under which I claim the transfer of the steamer 
 " Giraffe " is shown by the letter of Hon. G-. W. Randolph, then Sec- 
 retary of War, to Lieut. John Wilkinson, C. S. Navy, dated August 
 12th, 1862. • 
 
 2. That my rights and obligations under that contract are set forth 
 distinctly, and I think correctly, in the opinion of the Attorney Gen- 
 eral, addressed to the present Secretary of War, and dated February 
 17, 1863. 
 
 3. That I am prepared and now offer to perform the contract on my 
 part, in all respects, according to the said opinion of the Attorney 
 General, as follows : 
 
 I offer to pay, in Treasury Notes of the Confederate States, such a sum 
 VL% upon the arrival of the Giraffe in a Confederate port, would have 
 
20 
 
 purchased the amount of sterling exchange paid by the Government 
 as the cost of the said vessel ; and I offer to pay, in Treasury Notes, 
 the interest on that sum from the day of such arrival. 
 
 4. I do not know and have no means of ascertaining the precise sum 
 required to answer these terms, as the papers relating to the subject are 
 properly in the possession of the Government! I therefore ask that 
 you will furnish me with a statement, such as will enable me to make 
 the precise payment required by the opinion of the Attorney General. 
 
 5. As evidence of the good faith in which this offer is made, and of 
 my ability ^.o comply with the contract on my part, I send herewith 
 certificates of deposit for five hundred thousand dollars, payable at two 
 of the Richmond Banks in Confederate Treasury Notes. 
 
 6. I now and here offer the said sum of five hundred thousand dol- 
 lars, and request that out of it so much may be taken by you as will, 
 upon the information exclusively in possession of the Government, be 
 sujQ&cieni; to pay the sum required by the opinion of the Attorney Gen- 
 ral as hereinbefore stated, 
 
 7. I offer, if you prefer it, to bring now and here the Treasury Notes 
 to make tender of them, if you are willing to have so large a sum in 
 that form brought into your office. 
 
 8. These offers are made with the express understanding that 
 they are to be accepted upon terms of concurrent performance on the 
 part of the Government of the contract to transfer the " Giraffe '' to 
 my ownership and possession. 
 
 9. As you have required me to communicate in writing, and to make 
 tender of money and securities, you will, I trust, admit the propriety 
 of signifying to me in writing your conclusion and determination upon 
 the several matters herein stated. 
 
 The questions arising as to the compensation to be made me for 
 the use of the " Giraffe " since her first arrival have no proper connec- 
 tion with the main contract, and I prefer to keep the two subjects 
 separate. I am, however, prepared to submit these questions of com- 
 pensation to the decision of competent shippers — upon equitable terms. 
 Respectfully, your obedient servant, 
 
 B. F. FICKLIN. 
 
21 
 
 No. 13. 
 
 Confederate States of America, 
 War Department, 
 Richmond, Va., February 24, 1863. 
 Sir : The paper directed to me, signed by B. F. Ficklin, wbicli was 
 handed me by you personally on his behalf, as his attorney, has been 
 submitted to the Secretary of War. 
 
 I am directed by him to reply, that upon a consideration of the cir- 
 cumstances attending the purchase of the " Giraflfe " — the obligations of 
 the Grovernment under that purchase — the necessities of the Confederate 
 States in regard to the present employment of the vessel — the various 
 propositions of Mr. Duncan, with respect to her future employment, 
 and the withdrawal of these — the peremptory demand for present un- 
 conditional delivery, with the apparently reserved claim for the use of 
 the vessel since the 31st December last — and the matter contained in 
 your paper of to-day — his conclusion is, not to accept Mr. Ficklin's 
 proposition for the sale of the " Griraffe " to him. 
 
 I have endorsed on the letter of Mr. Ficklin, "this paper contains 
 an exact account of what took place in my office to-day. The certifi- 
 cates of deposit remain with the Hon. J. B. Baldwin with my appro- 
 bation." 
 
 The papers mentioned in Mr. Ficklin's letter of yesterday shall be 
 copied and sent to him through the post office. 
 "^ Very respectfully. 
 
 Your obedient servant, 
 
 J. A. CAMPBELL, 
 
 Assistant Secretary of War. 
 Hon. J. B. Baldwin, M. C, Kichmond. 
 
 February 24tl;, 1863. 
 B. F. Ficklin, Esq., Richmond : 
 
 Sir : The foregoing is a true copy of a letter this day sent to the 
 Hon. J. B. Baldwin. 
 
 Your obedient servant, 
 
 J. A. CAMPBELL, 
 
 Assistant Secretary of War. 
 
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